One more PPP poll

PPP does the Governor's race, general election-style.

Kay Bailey Hutchison and Rick Perry would both best Democrat Tom Schieffer in a potential gubernatorial face off next year, although the race has some potential to be competitive if the current Governor is renominated.

Hutchison leads Schieffer 54-30 while Perry has a 45-35 advantage over him, below the magic 50% number considered safe for incumbents.

Hutchison appears to be close to unbeatable in a general election. She pulls 20% of the Democratic vote, has a 23 point lead among independents, and has 86% of Republicans committed to voting for her.

Perry's standing pales on all three of those fronts. Only 13% of Democrats say they would vote for him, he actually trails Schieffer by a small amount among independents, and he gets a smaller 78% segment of the Republican vote.

Perry would certainly still be favored over Schieffer, but compared to Hutchison his winning the GOP primary would leave the door ever so slightly open for a possible Democratic takeover. If Hutchison is the victor that door is pretty much shut.

Hutchison is the only one of the trio with a positive favorability rating. 58% of voters in the state have a favorable opinion of her compared to 31% who view her negatively. 48% have an unfavorable take on Perry compared to 41% who give him their approval, and Schieffer's breakdown is 25/31.

Again, this is basically "Well-known R" versus "Unknown D", with the added zest of KBH's positives and Rick Perry's not-so-positives. While KBH's better performance in this matchup is hardly surprising, I'll just note that Rick Perry has twelve full months to do something about her favorability rating, and I wouldn't underestimate him on that score. Let's check this again in September or so and see where we stand.

In the meantime, it's possible KBH could wind up with a bit of a John McCain problem. She's generally well-liked and does as well as she does in these polls because she has a fairly moderate image. If she feels the need to run right to win the GOP nomination, or if Perry's attacks force her to the right, some of that sheen may come off for independent voters and soft Ds. It certainly doesn't have to play out this way - if the Dems don't have a primary worth voting in, she can court voters outside the GOP base and try to swamp Perry's boat that way. Or his attacks may hurt him more than they hurt her. She's clearly in the better position, I just don't think it's impregnable.

As for the matter of a Dem primary, Todd Hill says Schieffer's entry is a matter of when, not if, so I suppose at the least we'll have Schieffer versus Kinky Friedman for the brass ring. Yeah, I know, I'm tingling all over at that prospect, too. Having said that, I wish PPP had done a KBH/Perry versus Friedman poll, if only for the entertainment value. I really have no idea how he'd do in such a survey, though if I had to bet I'd say he would not fare as well as a generic D. Still would have been nice to have the data point. Maybe next time, assuming there isn't a better matchup to test out (*cough* *cough* Leticia Van de Putte *cough* *cough*).

UPDATE: And here we have further confirmation of Schieffer's candidacy.

Fort Worth Democrat Tom Schieffer, who has served as U.S. ambassador to Japan and Australia, is all but certain to run for governor and will announce the formation of an exploratory committee Monday in Austin.

"He indicated to me that if he was going to announce, it would be on Texas Independence Day," said Austin attorney Joe Longley, a longtime friend.

Sources close to Schieffer said he would have a news conference in the Speaker's Committee Room at the Texas Capitol. Rep. Paula Pierson, D-Arlington, said that she had reserved the room and that "possibly" Schieffer would be there.

In an interview in Washington, Schieffer, 61, said, "I will make a decision on Sunday after I meet with my family." He first expressed interest publicly in the post two weeks ago in an interview with the Star-Telegram.

"I have continued to check with people I know all over the state, and I have received an incredible response," said Schieffer, shaking his head. "I have been amazed at the reaction."

Whatever else happens, I'm glad he'll be in. We needed something to counterbalance the Rick-n-Kay story line, and if there is a competitive Democratic primary for Governor, that makes it less likely KBH can run an appeal-to-everyone primary campaign. I look forward to Schieffer's announcement.

Another City Council lineup update

Time for our periodic check on who's running for what this fall. The Memorial Examiner gets us started.

Five confirmed candidates are vying to replace Lawrence in District A.

Jeff Downing, Amy Peck, Bob Schellkopf, Brenda Stardig and Alex Wathen are campaign-ready, having filed campaign treasurer forms.

Not running in District A is P.M. Clinton, 58, a private investigator and longtime Spring Branch resident.

Clinton said Tuesday that he's been asked to run, but feels he can do more by staying involved with a reactivated Spring Branch Revitalization Association.

In District G, Oliver Pennington and Mills Worsham have filed treasurer papers and are campaigning.

The story has basic bio information on all of them. Peck is the new name to me - she's a district liaison for state Sen. Dan Patrick, and worked for Sen. Jon Lindsay before him. She's also 24, which makes her a heck of a lot more focused and accomplished than I was at that age. Not surprisingly for someone with that resume, she lists cost reduction as her top priority.

I can add two more names to this group: Lane Lewis for A, and Dexter Handy for G. Lewis, according to an email from Carl Whitmarsh, who broke the news of Lewis' candidacy a few days ago, is the former Chair of the Houston Gay Lesbian BiSexual Transgendered Political Caucus, Democratic Chair and Election Judge in Oak Forest, and Professor of Government and Political Science at San Jacinto College where he will soon be teaching supervisor of his department. Handy ran for County Commissioner in Precinct 3 against Steve Radack last year. I've confirmed his candidacy via email. I interviewed Handy twice last year, once for the primary and once for the general. He's a real good guy, and I'm glad to see him in the race.

Elsewhere, I've now heard of two candidates for At Large #1: former HCC Trustee and 2005 candidate for District C Herman Litt, and Steve Costello, who is the head of the Memorial Park Conservancy. There are two other entrants for At Large #4 as well, Jay Green and Sandy Dahlke, about whom I know nothing.

Finally, while there were no new entrants into the Mayor's race that I know of, there was some action as current City Council member Peter Brown kicked off his campaign, and City Controller Annise Parker called on Governor Perry to make sure Houston got its fair share of the stimulus money. What are you hearing these days?

Search openly

Is there really a debate about whether or not we should conduct a search for a new HISD Superintendent in an open manner? Because I think the choice is clear.

The Greater Houston Partnership, which represents the business community, is lobbying the school board to introduce a few leading contenders to the public -- something the board hasn't done in a search in nearly two decades.

"There are challenges to transparency, but the payout is huge," said Jeff Moseley, president and chief executive of the business partnership.

[HISD President] Marshall said he supports naming multiple finalists -- perhaps three -- but not all his colleagues have been as quick to embrace the idea. Some worry fewer people will apply for the job if word of their job search will get back to their current school boards.

"I just think we need to stop using that as an excuse if we really and truly believe in transparency," Marshall said. "Good superintendents can sit down with their boards and say, 'Here's an opportunity.' I don't think they add value to their candidacy by insisting on secrecy."

Trustee Manuel Rodriguez Jr., on the other hand, prefers naming only one finalist.

"If the Greater Houston Partnership wants to know the candidates, they ought to run for school board," he said. "By releasing the names of candidates, we put those candidates in jeopardy of losing their own jobs."

Sorry, but I am unimpressed by Trustee Rodriguez's argument here. Hell, college and pro coaches get vetted for other jobs all the time, usually with the knowledge and blessing of their current employer. Smaller programs generally consider it to be a positive when the bigger ones interview their coaches, because it's a sign that they're doing something right, and because being a place that provides opportunities for advancement is in itself a lure for good employees. I just don't see the downside here.

And if that wasn't enough, this would more than clinch it for me:

During the 2004 search that resulted in [Superintendent Abe] Saavedra's hiring, board members conducted late-night interviews that ended with the candidates being hurried out of the administration building and into waiting cars. Extra HISD police officers were brought in to help keep track of reporters trying to catch a glimpse of the contenders.

In Florida, one of the most open states when it comes to superintendent searches, the names of all applicants are public record, and the community is allowed to attend meetings where school boards interview candidates.

Which one of these processes sounds healthier and more likely to produce a positive result? Seriously, this is an easy call.

Grand Parkway Segment E gets a go-ahead

As expected.

Harris County Commissioners Court on Tuesday approved an agreement to build and maintain a segment of the Grand Parkway connecting the Katy Freeway and U.S. 290, but questions over what would happen if the county ultimately decided the project was not financially viable could delay work indefinitely.

The agreement with the Texas Department of Transportation clearly states that Harris County would be reimbursed for its investment in Segment E of the proposed "outer outer" loop around Houston if another entity agreed to develop the entire 185-mile project.

But the agreement does not describe what would happen if the county decided not to build the segment after spending money on the segment and no one ever agreed to build the whole project.

Here's a copy of the agreement (large PDF), which I got via an email sent from Robin Holzer to members of the CTC. She states:

The agreement stipulates that Harris County will be responsible for funding right-of-way acquisition, engineering and design, utility work, environmental studies and mitigation, compliance with TAS and ADA, and any other aspect of the project not mentioned in attachment D. According to this agreement Harris County will be on the hook for the entire estimated project cost in excess of $500 million.

Before voting Cmr. Steve Radack pushed staff to clarify the County's financial obligations saying, "I don't want Harris County tax payers to be out one penny on this project." He asked what happens if the County moves forward on segment E but decides not to finish the project.

Attorney Bob Colley, who worked on the agreement for the County, explained that the County will only be reimbursed for segment E costs if TxDOT or another entity ultimately assumes responsibility for it and the entire Grand Parkway. If HCTRA develops segment E and no one takes it over, the County will be out the entire cost.

Commissioners also clarified the County's obligations stemming from this agreement. In conclusion, today's vote allows the County to pursue segment E, but does not obligate the County to begin spending money on it.

Emphasis in original. That's a lot of money hanging on a what-if, isn't it?

Back to the Chron:

About 10 representatives from environmental and neighborhood groups that oppose the project spoke against it during Tuesday's meeting, calling it a magnet for sprawl that will be too far north to have much of an impact on U.S. 290 traffic. They said the court should use the money to build commuter rail or toll lanes on the freeway instead.

A detailed list of reasons why this isn't such a hot idea can be found in this post from last year, when this project was fast-tracked. I agree with the point Jay Crossley made in the comments to that post, which is that this represents urban planning in another form. Somehow, though, those who object to that idea don't ever seem to have a problem with it when it's done this way.

Will we or won't we fix unemployment insurance?

There's a lot of money riding on the answer to that question.

The lure of $555 million in federal stimulus money for additional unemployment insurance has Texas legislators mulling whether to expand unemployment benefits to more workers.

To get that money, Texas would have to implement some key changes to state law -- including modifying some eligibility requirements to include tens of thousands of low-wage workers. Such changes have been considered but not enacted in previous sessions.

[...]

Gov. Rick Perry is reviewing the American Recovery and Reinvestment Act signed by President Barack Obama this month and the strings attached to all the money, a spokeswoman said.

The unemployment money would be the mostly likely candidate if Perry were to reject anything from the stimulus package.

Perry has said the stimulus money should be used only for one-time projects, not ongoing expenses.

"The hardest thing to remove from government is a temporary program," Ken Armbrister, Perry's legislative director, said at a Wednesday hearing.

[...]

The federal money could lessen the need for new taxes on business, said state Rep. Mark Strama, D-Austin, who is chairman of the Technology, Economic Development and Workforce Committee.

"Failure to adopt the policy changes ... would result in a higher burden on business taxpayers in the immediate and near term during the recession" than would expanding the benefits, Strama said.

I can understand the reluctance to taking one-time money for potentially ongoing expenditures. But sometimes these are things you should have been doing anyway, and will at worst take on a relatively small expense while getting a worthwhile return on it. A little more analysis and a little less sloganeering would go a long way here.

The Workforce Commission is still determining how much the change would cost.

But an analysis of a similar 2007 bill put the price tag at about $35 million to $45 million a year as 74,000 additional workers would become eligible for benefits, according to the Legislative Budget Board.

The number, however, would probably be somewhat higher given today's higher unemployment rates.

That change alone would open the door to Texas receiving $185 million of the stimulus money.

The Legislature has some options for how to tap the remaining $370 million. Lawmakers would need to enact two of four policy changes, such as allowing people to get benefits while searching for part-time work.

The Center for Public Policy Priorities, which advocates for low-income Texans, estimates that all of the reforms combined would cost $55 million to $75 million a year, so the federal money could cover the costs for seven years or more.

No one knows the true cost because that would be driven by how many more people took advantage of the benefits, said Talmadge Heflin of the Texas Public Policy Foundation, which advocates for limited government.

"The upside is all short-term," Heflin said. "The downside in future years will greatly outweigh any upside."

Funny, you could say the exact same thing about those big property tax cuts we enacted last session when we had some extra cash lying around. I don't recall there being a whole lot of angst from certain quarters about how we were going to pay for it going forward - there may have been something about the beauty of the free market, or the Laffer curve, or magic pixie dust, I'm not sure. You want to talk about something that's tough to get rid of, try repealing an irresponsible tax cut. In contrast, this would cost about $150 million per biennium - likely less in the future when the economy improves and more people are working again - which is about 0.2% of the total state revenue we have for this period. It would also help a lot of people who could really use it, and would be quite economically stimulative, as the recipients would be spending all that money on frivolities like food and housing. Seems like an easy decision to make, if you ask me. Patricia Kilday Hart sums up the hearings, in which Texas Workforce Commission Chair (and former chair of the Republican Party of Texas) Tom Pauken spoke in favor of getting stimulus money, as follows:

So, to review:

1. An escalating unemployment rate means the trust fund is paying out 120 percent more than it did this time last year and

2. At current rates, the trust fund will be broke by fall and

3. Bill Hammond [of the Texas Association of Business] doesn't want to take any federal stimulus money to fix it because somebody might have to pay higher taxes in the future.

Like I said, seems like an easy call to me. Press releases from the AFL-CIO of Texas and Senators Rodney Ellis, Eddie Lucio, Leticia Van de Putte, and Representative Joe Deshotel, who are urging Governor Perry to declare this a legislative emergency, are beneath the fold.

Senator Rodney Ellis (D-Houston), Senator Eddie Lucio (D-Brownsville), Senator Leticia Van de Putte (D-San Antonio) and Representative Joe Deshotel (D-Beaumont) have sent a letter to Governor Rick Perry urging him to designate reform of the Texas Unemployment Insurance System an emergency for the 81st Texas Legislature. Each legislator has filed legislation to improve Texas' unemployment insurance system.

While Texas does not yet face double digit unemployment, as Michigan does, the economic forecast is not rosy. According to the Texas Comptroller of Public Accounts, the Texas economy will lose 111,000 jobs in 2009, and the unemployment rate is expected to rise from 6 to 8.2 percent. The recently passed Economic Recovery Act offers $555.7 million to Texas to shore up its shaky unemployment fund, but the state must first pass a series of reforms to be eligible. Unfortunately, even as Texas accepts stimulus funds, some continue to say the state should reject unemployment funding, simply because it requires small changes to the program.

"I've heard the concerns that the unemployment funding in the federal stimulus package come with 'strings attached', and I don't care," said Ellis. "To a Texan who has lost a job and worries how they are going to keep their home and pay their bills, that aid isn't a string, it's a lifeline -- one which will help their family get through hard times."

"It's unfair and unnecessary to burden families and businesses with hundreds of millions of dollars in extra taxes and bond debt," said Lucio. "The unemployment legislation I've proposed with my colleagues Senators Van de Putte and Ellis is a quick and smart way to energize the economy and to help Texans struggling to support themselves. The fact is, fixing our unemployment insurance system helps fix our economy."

"The number of unemployed Texans has risen by 132.2% since last year, these Texans are hurting now, this isn't an abstract ideological debate for them," said Van de Putte. "The unemployment stimulus money can make a real difference in their daily lives. We owe it to them to pass this legislation, they can not wait and neither should we."

"Texas can ill afford to turn down over one-half billion dollars targeted to bring relief to the tens of thousand Texas families negatively impacted by this global economic crisis," said Deshotel.

Texas' unemployment insurance fund faces a massive shortfall which, without swift action, could lead to an automatic tax increase on Texas businesses. Under Texas law, the insurance trust fund has to maintain a certain balance -- today, approximately $850 million. If the fund falls below that threshold, a "deficit" tax is levied on nearly all Texas businesses.

According to the latest estimates, by September 2009 Texas unemployment trust fund will have reserves of only $100 million -- about $750 million below the floor. In addition to the tax increase, the shortfall could mean an end to important economic development programs, including Governor Perry's Enterprise Fund.

To take advantage of the federal stimulus aid, Texas must:

* Join 21 other states -- including New Mexico, Oklahoma, Georgia, North Carolina, and Virginia -- in modernizing the way it calculates unemployment benefits. Texas currently disregards the most recent three to six months of a worker's earnings when calculating eligibility - a practice only needed when claims were processed manually.

* Allow those seeking part-time work to be eligible for pro-rated benefits. When the economy bounces back, many of the new jobs may begin as part-time employment and eventually become full-time. Nearly half of the states currently award benefits to part-time workers.

* Pass family-friendly legislation to allow benefits for spouses who quit their jobs because their wife/husband is transferred to another part of the state. The Legislature already made this change for military spouses.

Texas AFL-CIO President Becky Moeller today sided with legislators who want to make an increase in Unemployment Insurance benefits an emergency item in the 2009 legislative session.

"Almost every day so far this year has brought news of mass layoffs. People are hurting," Moeller said. "It doesn't do to tell the thousands of workers who are wondering how they will earn a livelihood that Texas isn't yet doing as badly as other states. The time to take action is now."

Moeller praised Sen. Rodney Ellis, D-Houston, Sen. Eddie Lucio Jr., D-Brownsville, and Sen. Leticia Van de Putte, D-San Antonio, along with Rep. Joe Deshotel, D-Beaumont, who asked Gov. Rick Perry to give legislative priority to help for jobless Texans.

"These and other legislators get that the crisis we face now in our economy calls for decisive action," Moeller said.

"The growing legions of jobless Texas workers who have earned access to the subsistence funds provided by Unemployment Insurance take offense when some ideologues liken lawmakers who supported the economic stimulus package to drug dealers. This is needed medicine for working families who are afraid for their futures."

Moeller said the stimulus package is good for workers, but it is also good for businesses that will benefit from the ability of jobless Texans to spend money in their local communities. Moreover, employers will pay much higher UI taxes in the coming months to cover a growing deficit in the jobless fund if nothing is done.

The changes in law required to get the money clearly fit within the premise that unemployment benefits go to those who lose their jobs through no fault of their own, Moeller said.

"Texas is at the bottom of the heap among the states in serving workers who lose their jobs. Four out of five unemployed workers are ineligible for benefits under the current system," Moeller said. "Texas must act quickly and boldly to send a message that it stands ready to help more workers who are down on their luck."

"Texans know the difference between 'thrifty' and 'mean.' Improving the Unemployment Insurance system is an essential step toward economic security for all Texas working families."

Voter ID debate set for the Senate

I did an interview with State Sen. Leticia Van de Putte this evening, and in the course of our conversation, which I'll be publishing on Monday, she said that there was a hearing set for voter ID legislation - presumably SB362 - in the Senate on March 10. This bill was referred to the full Senate last week, bypassing any committee hearings, because that would have given the Dems one more chance to kill it. That probably makes this the first non-emergency bill they debate and vote on, which shows again that as far as the Republican Party is concerned, is the single most important issue facing Texas today. We'll see what arrows the Dems have in their quiver to try to derail this. It could very well get ugly, even uglier than what we saw on Day One, but if it does, it was the Republicans that picked this fight. It didn't have to happen, and it wouldn't have happened had they had a better, more realistic sense of priorities. But here we are, and what is about to be done will not be undone.

PPP on the Texas Senate race

Public Policy Polling follows up its snapshot of the Republican GOP matchup for Governor with a poll of Senate possibilities.

We tested Lieutenant Governor David Dewhurst, Attorney General Greg Abbott, and state Senator Florence Shapiro on the Republican side against Houston Mayor Bill White and former Comptroller John Sharp on the Democratic side.

Abbott, who has not announced plans to seek the seat, appears to be the strongest initial candidate. 43% of voters in the state have a favorable opinion of him compared to only 25% that view him negatively. He leads Sharp 44-36 and White 42-36 in possible contests.

Dewhurst is almost as strong, with a 43/30 favorability breakdown. He leads Sharp and White by slightly more narrow margins than Abbott, 42-36 over the former and 42-37 over the latter.

It seems inevitable that one of those heavyweights will get into the race if there is indeed a vacancy, but we also tested Shapiro to see how competitive the contest would be if the GOP ended up nominating one of the less well known candidates who have already made their intentions to seek the seat known. Shapiro leads White 37-36 but trails Sharp 37-34, an indication the race could pretty much be a tossup if a more well known Republican doesn't run.

It appears that Dewhurst or Abbott would be an early favorite, but it's worth noting that Sharp and White have a lot more room to grow in terms of name recognition. 43% of the electorate has no opinion of White and 41% has none of Sharp, figures much higher than the 27% for Dewhurst and 32% for Abbott. That gives them an opportunity to define themselves positively with the voters who haven't formed an opinion about them yet.

As Matt notes, the first problem with this is that it ignores most of the announced Republican candidates for this race. There's no reason to believe Dewhurst or Abbott will jump in to this race, though there's no reason to think they won't, either. All we know now is that they haven't given any indication. What I take from this is that the "Known R versus Unknown D" races show about a six or seven point lead for the R, while the "Unknown R (Sen. Shapiro is an announced candidate) versus Unknown D" races are basically tossups. Looking at the full report (PDF), the partisan breakdown is given as 44R/38D/18I, so in some sense this is just a recapitulation of party ID. And it does suggest that in a race between equally-funded candidates, Texas is indeed a competitive state.

Of course, that leads to the other problem with this, which as the first commenter on the PPP post noted is that we won't have a two-person race, we'll have a cast-of-thousands special election. That's assuming KBH does resign at some point, whether before or after the November of 2010 election. There is still the possibility that she could lose the GOP primary, or remain in the Senate and then lose the general election for Governor. In which case, this election won't be till 2012, and any poll taken now is even less useful than usual. So while this data point has some usefulness, I wouldn't consider it predictive in any meaningful sense. It's fun, and that's fine as it is.

The sad state of sex education in Texas

We do a really lousy job of it.

In sex education classes, 94 percent of Texas school districts teach that abstaining from sex is the only healthy option for unmarried couples, and, in many cases, students are given misleading and inaccurate information about the risks associated with sex, according to a 72-page report released Tuesday.

Two percent of districts -- in a state that has the third highest teen birth rate in the nation -- ignore the subject completely, according to the study.

The two-year study, "Just Say Don't Know: Sexuality Education in Texas Public Schools," was conducted by two Texas State University researchers and funded by the Texas Freedom Network Education Fund, the research arm of the Texas Freedom Network, which describes itself as "a mainstream voice to counter the religious right."

You can find the report and all related materials, including some fascinating videos that demonstrate just how sex ed is done these days, here.

Researchers David Wiley and Kelly Wilson, who both teach health education, examined tens of thousands of lesson plans, student handouts, speaker presentations and other related documents obtained from 990 school districts, 96 percent of Texas' districts, through the Texas Public Information Act.

"Most of the mistruths share a common purpose, and a likely effect, and that is discouraging young people who might already be sexually active from using condoms, a message I find shocking as a professional health educator," Wiley said.

[...]

In the report, researchers documented at least one factual error in the materials received from 41 percent of the school districts. The study's authors found instances in which districts used what they called sexist, religious and shame- or fear-based techniques during instruction. The findings include:

On wearing condoms during sex, the Brady district has told teens, "Well if you insist on killing yourself by jumping off a bridge, at least wear these elbow pads."

The Edinburg school district policy states, "Students should be informed that homosexual acts are illegal in Texas and highly correlated with the transmission of AIDS."

I guess if you think the only acceptable sex is married heterosexual sex, and that nobody needs to know how not to have kids, then all this makes sense. For the rest of us, I think we could maybe do a little better than this. Kudos to the TFN for taking this on.

And in a bit of fortuitous and not-coincidental timing, I got a piece of email shortly after this came out from State Sen. Leticia Van de Putte and State Rep. Mike Villarreal, who have legislation filed to address some of these concerns. From the email:

SB 1076 and HB 1567 require abstinence curriculum that includes instruction on contraception to provide scientifically accurate information about contraceptives and methods of reducing the risk of sexually transmitted diseases. SB 1076 and HB 1567 prohibit these school districts from discouraging contraception use by students who are sexually active. This legislation does not mandate that schools provide sex education, but if they choose to offer a sex education course, it prohibits them from providing inaccurate information.

"While it is true that abstinence is the healthiest choice for teens, we cannot close our eyes and pretend we do not have students that are sexually active. We must equip students with the knowledge necessary to protect themselves against sexually transmitted diseases and unplanned pregnancies," said Van de Putte.

"We have a responsibility to ensure that our children receive accurate information in the classroom, particularly when students' health is at stake," Villarreal said. "We're dealing with a myriad of problems in Texas as a result of our sky high teen pregnancy rates. We cannot allow our schools to provide erroneous information - the stakes are far too high."

The Observer reports on more such bills.

Sen. Kirk Watson and Rep. Mark Strama filed legislation, Senate Bill 1100 and House Bill 1694, which they are calling the Prevention Works Act, which requires that school districts notify parents about the content of their children's sex education classes. Rep. Joaquin Castro's House Bill 741 and its companion, Sen. Rodney Ellis' Senate Bill 515, require health education to be comprehensive, age-appropriate and based on medically accurate information. "I know that sounds like a ridiculously minimal standard," says Ryan Valentine, deputy director of the Texas Freedom Network Education Fund, "but it's not an inconsequential first step."

No it isn't is it? Both of the Senate bills above have at least one Republican coauthor, though neither of the House bills do. Perhaps if we can tear our attention away from ultrasounds for a few minutes, we might get something that would actually help people passed. Click on for more from the TFN.

Texas gets more federal abstinence funding than any other state and has one of the highest teen birthrates in the nation, but an extensive new study shows that what students are learning in sexuality education classes is plagued by factual errors and other mistruths, distortions and stereotypes.

Just Say Don't Know: Sexuality Education in Texas Public Schools, the largest study ever of what is taught in sex education classes, reveals that 96 percent of Texas school districts teach students nothing about responsible pregnancy and disease prevention except abstinence.

"Texas is failing families when it comes to sexuality education," said David Wiley, a health education professor at Texas State University-San Marcos and one of the co-authors of the report from the Texas Freedom Network Education Fund. "Our classrooms are perpetuating a conspiracy of silence that robs young people of the reliable information they need to make responsible life decisions."

Wiley and co-author Kelly Wilson, also a Texas State health education professor, analyzed thousands of pages of curriculum materials, district policies and other documents from nearly all of the state's more than 1,000 public school districts. Researchers obtained those documents through requests under the Texas Public Information Act sent to all of the state's school districts.

The report reveals that the abstinence-only programs that dominate Texas classrooms are littered with errors, mistruths, distortions and other serious problems that endanger the health and future of young people, TFN Education Fund President Kathy Miller said.

"Like most parents, I provide the moral and ethical guidance my children need on this sensitive subject," Miller said. "I also want sexuality education programs to encourage abstinence. But we must stop burying our heads in the sand about high teen birth and STD rates and make sure young people get the medically accurate information they need to protect their health and their futures."

The findings include:

• Community input is often a myth, with 81 percent of districts reporting no formal recommendations on sexuality education from state-mandated local advisory councils.
• 41 percent of school districts use materials with factual errors. Classes include grossly misleading information and discourage sexually active young people from protecting themselves, insisting that condoms are ineffective in preventing pregnancy and STDs.
• Shaming and fear-based instruction are standard strategies for teaching students about sexuality. Instruction often equates sex with disease, anti-social behavior and even death rather than focusing on the development of healthy attitudes students will need as adults.
• Instruction often promotes stereotypes and biases, including rigid and outdated gender roles as well as discrimination based on sexual orientation.
• Some districts betray the trust of families by forcing religious content with which parents might disagree on students during instruction on human sexuality.

"Young Texans overall rate well above national averages on virtually every published statistic involving sexual risk-taking behaviors," Dr. Wilson said. "Our research shows that many public officials apparently have decided that ignorance will protect these kids."

Catch the WAve

The following is a message from Super Neighborhood 22:

Catch the WAve Day, all day Saturday March 7

Hosted by: SN22, Mayor White's Office of Special Events, and MECA

Purpose: To showcase area businesses, schools & non-profits, plus an eco-fair and children's activities

What's going on:

• Washington Ave corridor businesses will be offering special values & incentives


• Grab a go.rev.go electro-cab from one participating business to another (for tips)


• Eco-Fair from 1-5 in Spotts Park (corner of Memorial Drive & Waugh)**
  

** Spotts Park will feature live music and performances by MECA, a Children's Spott with special interactions, and the Eco-Fair, with Go Green reps from city departments, plus a host of green community organizations.

Click on to see the flyers for more details.

The Riddler goes on a rampage

The Observer looks at a trio of bills by Rep. Debbie Riddle in which she tries to solve the immigration issue all by herself.

Rep. Debbie Riddle, R-Tomball, is launching a three-pronged attack on non-citizens this session. Prong 1: Hook 'em at work with HB 48, which would suspend employers' licenses for "knowingly" employing undocumented workers. Prong 2: Nail 'em at school with HB 50, which would disqualify undocumented students from receiving in-state tuition.

And then there's Prong 3, which would, it seems, get 'em everywhere else. HB 49 would create a Class B misdemeanor (Criminal Trespass by Illegal Aliens) that would effectively authorize local law enforcement to enforce two sections of the federal code governing most immigration law.

Asked if there were a precedent for such a law in other states, Riddle said, "If not, I'm willing to be on the cutting edge and do what's bold here in Texas."

[...]

Under HB 49, peace officers, acting on "reasonable suspicion," could detain people for being undocumented - even if they have not committed another crime. If ICE confirms the detained person is in the U.S. illegally, the peace officer could then make an arrest.

[...]

Constitutionality aside, leaving immigration to the feds has worked out for federal agents and local law enforcers alike, says El Paso Police Chief Gregory Allen. "It's been pretty clear cut," Allen says. "I don't think it should be spread out. ICE doesn't help us out with our robbery problems or our burglary problems. They're not cruising our neighborhoods. We shouldn't be required to help them."

Riddle's response? "I don't think that we should have this hair-splitting of, oh, well, this isn't my job," she says. "Citizens don't really care that much about who is making sure that their security is established in place."

However, according to Austin Police Chief Art Acevedo, burdening local law enforcement with enforcing federal immigration law could negatively impact a police department's capacity to fight crime, since city police departments already have their hands - and jails - full enforcing current criminal statutes. What's more, allowing local law officers to arrest illegal immigrants might discourage victims of questionable status from coming forward and reporting crimes, particularly in cases of family violence.

"You'd lose a lot of witnesses. There'd be a lot of crime that would go unreported," says Acevedo. "I'll give you an example. We went to a call with domestic violence. Here, a young woman was beaten by a legal resident and his threat to her was, if you call the police, you're going to get deported."

There is a precedent for this, and we know from experience that the result is even worse than what Chief Acevedo anticipates. I'm talking about Maricopa County and Sheriff Joe Arpaio, which has been doing exactly what Riddle wants for years. How's that working out for them?

In Guadalupe, grocery store employees waited in vain for help during an armed robbery.

In Queen Creek, vandalism spread through a neighborhood where Maricopa County sheriff's deputies rarely patrolled.

In Aguila, people bought guns in the face of rising crime that deputies couldn't respond to quickly enough.

And in El Mirage, dozens of serious felony cases went uninvestigated.

Response times, arrest rates, investigations and other routine police work throughout Maricopa County have suffered over the past two years as Sheriff Joe Arpaio turned his already short-handed and cash-strapped department into an immigration enforcement agency, a Tribune investigation found.

Read the whole five-part series, which I've referenced before, and ask yourself why we'd want to emulate that. I can't think of any good reason. I'm sure this thing would come with a hefty fiscal note as well, which in these tight budgetary times ought to be enough to give one pause regardless of one's ideological perspective on the issue. I doubt Riddle cares about that, however - I'm sure she'd be happy to reapportion money from just about anywhere else for this. The bill has been referred to the Criminal Jurisprudence committee, where it will hopefully die a swift and well-deserved death.

Bradford announces for At Large #4, Pennington announces in G

We know he had been contemplating the possibility, but now former HPD Chief C.O. Bradford has made it official: He's going to run for the open At Large #4 City Council seat. From his email:

Chief Bradford has been a resident of the city of Houston since 1979. He has lived in the Hiram Clarke, Alief, Fondren Southwest, and MacGregor areas. He understands the various characteristics of the Houston community and appreciates the efforts to focus on neighborhood needs.

Bradford served 24 years as a Houston Police officer and seven years as Chief of Police. He was appointed Houston's Police Chief by Mayor Bob Lanier and re-appointed by Mayor Lee Brown. He is an attorney and public safety consultant with degrees in law from the University of Houston Law Center, criminal justice from Grambling State University, and a public administration degree from Texas Southern University. Also, Chief Bradford is a graduate of the FBI Academy and Harvard University's Kennedy School of Government Program for State and Local Executives.

"It is certainly an honor to serve in the public sector. Making a difference for the greater good of all is a tremendous reward. As Houston moves forward, we must get better prepared to deal with issues such as public safety, budget restraints, critical infrastructure repairs, representation via council redistricting and many others." stated Bradford. "After careful consideration, I am most honored to be asked by so many friends, supporters, and family to run for Houston City Council. I will utilize my experience, training, and education to help improve the quality of life in this wonderful community, Houston, Texas."

Noel Freeman is already in the running for this seat. I hold Chief Bradford in high regard, and I really admired the campaign he ran for District Attorney and the issues he emphasized in that race. I think he'd make a fine Council member. Having said that, Noel asked for my support awhile back, and I promised it to him. I did that, of course, because I think he'll make a fine Council member as well, so my decision is clear. If I were starting out at this point, it would be a lot harder. But it's a choice between good options, and you can't ask for more than that.

Meanwhile, Oliver Pennington, who first came to my attention as a potential candidate for District G a month ago, has made his formal announcement as well. Here's his email:

Houston municipal and environmental attorney Oliver Pennington announced today that he will seek the Houston City Council District G seat that is being vacated by Councilmember Pam Holm due to term limits. Pennington said "I believe I can make a positive difference for residents and business owners in District G. I will use my experience to secure funding for needed neighborhood and regional public works and crime prevention projects. I will help residents unravel the complex city regulations affecting neighborhoods such as those for traffic control and neighborhood protection."

Pennington has designated District G community leader Penny Butler as his Campaign Treasurer and the Honorable Chase Untermeyer, recent Ambassador to Qatar, as the Campaign's Chair.

Pennington received his B.A. from Rice University in 1960 and his J.D. from the University of Texas in 1963 where he was an Associate Editor of the law review. After graduation he joined the law firm Fulbright & Jaworski in 1963 as an associate and became a Partner in 1973 practicing municipal finance, municipal law, municipal utility district law, environmental and administrative law. In 2002 he became Of Counsel to the firm.

Pennington is former Chairman of the Houston Civil Service Commission. He was a member of Board of the Memorial Park Conservancy for five years, which is in the heart of District G. He is also a member of the Houston and Texas State Bar Associations. He is a member of the Greater Houston Partnership where he is or has been a member of the Water Laws Committee and the Environmental Committee and the Economic Development Committee. Pennington was also a member of the Board of Directors of North Houston Association, a trade group advocating public policy and economic development policies favorable to that area.

Pennington's campaign will focus on improving the Quality of Life for residents, reducing taxes and eliminating waste at City Hall, improving infrastructure, safety and parks. Pennington said "I will forge coalitions with other council members and will work with the Mayor to insure that the City government works more efficiently for District G."

Pennington is a native Houstonian and has lived in District G for almost 40 years with his wife Beverly; together they have raised and educated two children in the district. They have 5 grandchildren.

For more information visit the campaign's web site at www.oliverpennington.com.

I know HCC Trustee Mills Worsham is also running in G, but I've not received any formal word on his campaign's status.

Still no sign of a candidate for At Large #1. I can say that Sue Schecter will not be in the running, based on an email I got from her, and she was the only one I'd heard of up till now. Anybody else out there hearing anything?

Expanded gambling: It isn't just for race tracks any more

Here's an update to the story about the big expanded gambling bill that was filed yesterday.

Slot machines also would be allowed at the state's existing race tracks under the proposal by Sen. Rodney Ellis, D-Houston; Sen. John Carona, R-Dallas; Rep. Jose Menendez, D-San Antonio, and House Appropriations Committee Chairman Jim Pitts, R-Waxahachie. In addition, the three federally recognized Indian tribes could operate a casino on their tribal lands.

"Texans already are voting with their feet and going out of state" to gamble, Ellis said. Menendez noted that Texas is "surrounded by gaming."

Opposition immediately arose from conservative and Christian groups and a racetrack group pushing more narrowly for slot machines at tracks. Backers of Joint Resolution 31 and Senate Bill 1084, the broad gambling legislation, said their proposal would bring in at least $3 billion a year in new state and local revenue.

The legislation calls for $1 billion to be funneled to a trust fund for college scholarships and another $1 billion to transportation. Casino proponents also said their proposal would create 90,000 to 120,000 jobs.

I don't believe any of those economic projections. Then again, I never believed the projections that the horse racing interests gave about their slots-at-racetracks proposals. I think there will be a net benefit to the state, at least in terms of revenues taken in - the bulk of the social costs will not be borne by the state, so the books will looks good - but $3 billion a year and 100,000 jobs is just crazy talk, as far as I'm concerned.

The way this is being done, as an alternative to slots-at-racetracks, will make for a fascinating dynamic in the sausagemaking process. I see it as lobbyist versus lobbyist, with some folks like the religious conservatives taking potshots from the sidelines. There'd be a hell of a reality TV show in there if someone had seen this coming early enough.

The legislation calls for $1 billion to be funneled to a trust fund for college scholarships and another $1 billion to transportation. Casino proponents also said their proposal would create 90,000 to 120,000 jobs.

Up to 12 casinos would be allowed statewide, with designated areas for nine of them: Galveston, South Padre Island, Bexar County, Tarrant County, Travis County and two each in Dallas and Harris counties.

A plan critic, Tommy Azopardi, of Texans for Economic Development, said the legislation would create a "widely disparate tax rate'' between casinos and tracks (15 percent versus 35 percent), wouldn't allow tracks to have the same games as casinos and would greatly expand "the footprint of gambling in the state."

Casino backers said tracks could apply for one of the casino licenses but would have to go through the same process as other applicants.

I got a press release from Azopardi, not coincidentally sent by the same guy who sent me the earlier poll information, which I've reproduced beneath the fold. It's going to be a bear trying to sort out the objective facts from the spin on this one, that's all I know. Maybe I'll get lucky and the CPPP or someone like that will weigh in. In the meantime, keep your hip-waders handy.

Statement from Tommy Azopardi on the Casino bill

"Our goal has been and remains to preserve an important agricultural industry while providing a much needed economic benefit to the state. Texans for Economic Development has consistently stated that it does not oppose the legalization of casinos in Texas as long as racetracks get full parity. Anything less will cause more harm to a horse industry that is already at a competitive disadvantage to our surrounding states.

"Our studies show that we can recapture a huge amount of the billions flowing over our borders by simply allowing slot machines at racetracks. Allowing slot machines at racetracks alone will create about a billion dollars each year for state coffers and 53,000 permanent jobs.

"The legislation filed today creates a widely disparate tax rate between casinos and tracks, does not allow the tracks to have the same games as casinos to ensure a competitive playing field and will greatly expanding the footprint of gambling in the state. Unfortunately, this approach also does nothing to bolster an important industry that has a rich tradition in Texas.

"Time and time again, polling has shown us that Texans favor putting slot machines at racetracks as a source of state revenue. In the Baselice poll from this month, 75% of Texans support this measure."

- Tommy Azopardi, Executive Director for Texans for Economic Development

Keller gets an extension

News item:

Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, now has until March 24 to answer charges that she violated her judicial duties by declining to accept an after-hours appeal from a death row inmate in 2007.

Keller requested, and received, an extension to a 15-day response deadline after the State Commission on Judicial Conduct filed the charges last Thursday.

The next step in the process -- appointing a sitting judge to serve as special master for Keller's trial -- cannot take place until the response is filed.

Evan Smith speaks for me:

Sharon Keller couldn't make her deadline to file a response to the State Judicial Commission's charges against her, but no one "closed" the "office" at "5 p.m." [...] It goes without saying that Michael Richard should have been so lucky.

Yeah. What he said.

Meanwhile, on a related note:

I doubt that many people will shed tears, but Texas Court of Criminal Appeals Presiding Judge Sharon Keller may have to pay her own legal expenses to defend herself against charges she improperly shut the door on a condemned inmate's last-gasp appeal.

The judicial misconduct charges brought against Keller last week by the Commission on Judicial Conduct could result in her removal from office and, if she fights them, thousands of dollars in legal bills.

Officeholders often can use political funds to pay lawyers. But Keller, according to a filing last month with the Texas Ethics Commission, has no money in her political account. State law also prohibits Keller, who won't be up for re-election until 2012, from raising any political money before June 2011. And any donation of legal services could be construed as an illegal political contribution.

The judge's attorney, Chip Babcock, has asked the judicial conduct commission to pay her legal expenses.

If the answer is no, will Keller fight, or resign?

I say if the commission agrees to pay for Justice Keller's defense, it should be done in the same fashion as it would be for any other indigent defendant. If Attorney Babcock is willing to work at that fee schedule, then she can continue to employ him. If not, I'm sure there are plenty of other attorneys who could use the gig. Given the nature of the cases that often come before the Court of Criminal Appeals, and the consideration Justice Keller is known to give them, I think this is perfectly just.

Finally, Vince reports that Keller's fellow judges just want her to go away.

Speaking on condition of anonymity, [a source closely connected with the Texas Court of Criminal Appeals] told Capitol Annex that several justices are not eager to take part in a trial proceeding as part of the Commission on Judicial Conduct complaint against Keller because it would result in further revealing the content of private meetings and closed door activities-many of which were revealed in the publicly distributed notice of formal proceedings, much to the chagrin of judges and longtime court employees. Each of the court's other eight justices would most likely be called as witnesses. Without question, Justice Cheryl Johnson would be a key witness for the TCJC.

According to the Court, the justices are fearful that a public trial for Keller could expose the court to more significant media scrutiny, could irreparably damage relations between the justices necessary for the court to function properly, and could hurt the justices politically during a time when Democrats have a better than average shot at capturing statewide offices. The source advised that at least one justice is fearful that some or all of the Court of Criminal Appeals Justices could be subject to similar judicial conduct complaints as the one now facing Keller simply because the other justices did nothing to stop Keller and did not more closely examine Keller's actions, the source said. Another justice is reportedly worried that increased publicity could force U.S. Attorney General Eric Holder to launch an investigation into whether or not Michael Richard's' civil rights were violated-further exposing the court and the justices to a level of public examination they are unaccustomed to.

Much as I want to see Keller go, I think I can wait until after the formal public hearing has been held. Let a little sunshine in, I say.

Bills about cellphones and driving

Lots of action in the cellphones and driving front for the Lege this session.

In 2007, a proposed law [to restrict cellphone usage while driving] never got beyond a legislative committee. Four months later, a Houston motorist talking on a phone struck and killed Harris County Deputy Constable Jason Norling as he wrote a traffic ticket on the shoulder of the Westpark Tollway.

Once again, victims' families will push forward. It's a tough sell in Texas, where lobbyists representing phone companies are influential and drivers value their independence.

With one limited exception -- a 2005 law prohibiting newly licensed teenaged drivers from using a cell phone during their first six months behind the wheel -- previous efforts have gone nowhere.

"The communications companies have really come out strongly against my bills in the past," said Rep. Jose Menendez, D-San Antonio, among at least nine legislators trying again.

Menendez talks on a phone while driving, but his phone is hands-free.

Lawmakers have filed several bills, mainly to prohibit text-messaging while driving, restrict phone use in a school zone or require all drivers to use hands-free devices.

No state has an outright ban on cell phone use behind the wheel. But about 30 other states -- as well as several cities -- impose restrictions, including bans on text-messaging or requiring hands-free devices.

Rep. Menendez's bill is HB220, which would require the use of a hands-free device to use a phone while driving. SB582, by Sen. Jeff Wentworth (R, San Antonio), appears to be identical. No state may have enacted a total ban on cellphone use, but at least one group is pushing for a national law to do so. Grits notes that the Department of Public Safety is pushing for such a law in Texas, and is also lobbying for fines related to such offenses to be added to the list of those for which the driver responsibility fee is imposed, which will surely help to swell even further the number of scofflaws.

Spokespersons for AT&T and Verizon denied their companies have lobbied against cell phone restrictions, but they're not promoting them either. Spokesman Kerry Hibbs said AT&T supports legislation to ban text-messaging while driving and has never opposed city ordinances, including some in Texas, requiring hands-free phones in school zones.

Hmmm, that's not quite how I remember it. Hibbs initially stated that AT&T opposed the West U ban on using cellphones in school zones, and would also oppose a statewide ban. He later clarified to say that they had "begun working with legislators on a statewide law that would provide consistent, enforceable rules concerning cell phone usage for drivers" and that they would be "more than willing to work with local governments such as West University Place on ordinances that allow hands-free calling in school zones".

Rep. Chente Quintanilla, D-Tornillo, is sponsoring legislation to crack down on several forms of "inattentive" driving, including reading, applying makeup, shaving, eating and drinking coffee behind the wheel. The bill wouldn't forbid those practices, but it would allow fines to be doubled for traffic offenses to which they contributed.

Rep. Quintanilla's bills are HB356 and HB738. This CTC forum thread is tracking more bills that have been filed that would restrict the use of wireless devices in vehicles. Keep an eye on that for more info. Thanks to Jon for the tip.

The primaries matter, too

A whole lot of people voted for the first time last November, and a whole lot of people voted in the March primaries, too. But some number of the former were ineligible for the latter because they turned 18 between March and November. State Rep. Hubert Vo thinks they should have been able to both, and he's introduced a bill to that effect.

The Houston Democrat is the author of House Bill 513, which, if the Legislature approves and Gov. Rick Perry signs into law, would allow 17-year-old Texans to vote in the primaries, providing they would be 18 by no later than the day of the general election.

"A lot of young people are highly motivated to vote, and we should make it easier for them to get involved in the political process," Vo said. "This would make our democracy stronger."

Section 13.001 of the Texas Election Code makes it clear that besides basic requirements such as being a U.S. citizen and mentally competent, "to be eligible to apply for a registration, a person must, on the date the registration application is submitted to the registrar, be at least 17 years and 10 months of age."

However, since the registration deadline is usually two months before the election, this means that by the time new voters cast their ballots they'll be 18.

[...]

If Vo's bill were to become law, Texas would become the 12th state to allow 17-year-olds to vote in the primaries, said Tom Intorcio, policy specialist at the National Conference of State Legislatures. Connecticut was the last state to do in November when voters approved the proposal. Oregon allows 17-year-olds to register, but they can't vote until they are 18.

"One can make the general observation that there has been an intent in a number of states to engage youth in political process and promote political participation," Intorcio said. "And this is one method or approach."

[...]

"I think it's a good idea," said Rep. Aaron Pena, D-Edinburg, vice chairman of the [House Elections Committee]. "It encourages participation among young people."

But Rep. Joe Heflin, D-Crosbyton, said he is not sold on the idea.

"I need to take a good look at it," Heflin said. "You need to draw the line somewhere, and right now the law is pretty clear that you have to be 18 before you can vote. I am not sure we should start making some exceptions."

I guess I don't see how this is an exception. Primaries are elections, too, they just happen to be held in March instead of November. In some counties, the primary for one party or the other is more important than the general, at least for local races, because of that county's partisan makeup. Hell, that was the case in Harris County for over a decade. I don't see any reason why someone who will be eligible to vote in the November general election should be barred from voting in the March primary. There's no substantive difference between the two.

Rep. Carl Isett, R-Lubbock, said he's not sure Vo's bill is needed.

"Do you trust a 17-year-old to vote?" asked Isett, who has a son that age.

Why not? More to the point, what makes them suddenly trustworthy the day they turn 18? Some people remain knuckleheads well past that milestone, others are more mature than most adults well before it. We trust them to drive, and that requires a lot more responsibility than voting. I don't quite get the heartburn over this. Eighteen is an arbitrary number, used as a cutoff for some things and not for others. Defining that cutoff in terms of March and not November isn't going to cause a crack in the foundation of our democracy.

Having said that, I don't see any chance of this happening. Maybe as a straight-up law it might have a prayer, but this actually requires a constitutional amendment; HB 513 is the enabling legislation for HJR 34. I can envision majority support for this, but not two-thirds. Still, I hope it at least gets a floor debate, if only to see if there are better arguments against it out there.

More SJL rumors

Marc Campos stirs the pot.

Commentary votes in the 18th Congressional District so I kind of think I know what I'm talking about when I say that I don't know if Congresswoman Sheila Jackson Lee's reelection in 2010 would be a slam dunk deal. Discussion of her reelection chances come up in conversations with African American, Latino, GLBT, and Anglo activists. Most would likely support a viable opponent in the 2010 Democratic Primary. There aren't a whole lot of folks that are saying they would stand with Sheila next year. One that is willing is a long time state representative. The question is who is the viable opponent? This could well be the hottest local race of next year's Dem Primary. Stay tuned!

Of course, there are already rumors that Rep. Jackson Lee will step down to take a post in the State Department with Secretary of State Hillary Clinton, so who knows what next March will look like. I can't always decipher Campos' oblique references, but I think the "long time state representative" in question is Rep. Sylvester Turner, whose initial reaction was "Sheila-Jackson Lee is the Congresswoman of the 18th Congressional district, if she leaves, let's talk again", and who now says he'd definitely run to replace her if she stepped down. Never hurts to be prepared, I guess.

For what it's worth, I'm perfectly happy to have Rep. Jackson Lee where she is, and that I'd vote for her over any of the potential challengers I've heard of, and almost certainly over the ones I haven't heard of yet. In addition, Carl Whitmarsh passed along the following from HGLBT Caucus President Kris Banks:

As president of the Houston GLBT Political Caucus, let me say that our community is proud to call Congresswoman Jackson Lee a faithful friend. The Congresswoman has always stood up for our community, and we appreciate that and will not forget it.

There was a longer an more emphatic email that followed this one as well. Don't go writing her political obituary just yet, that's all I'm saying.

KBH leads Perry in early poll

Last week, the polling firm Public Policy Polling asked the readers of its blog which state they should do next. The readers, with a little help from us bloggers, picked Texas. PPP has the results of its first poll up now, which is a look at the GOP gubernatorial primary.

[Governor Rick] Perry trails Senator Kay Bailey Hutchison 56-31 among likely GOP primary voters.

Hutchison is viewed favorably by 75% of voters likely to vote in the Republican primary, while 60% have a positive opinion of Perry.

The 27% of primary voters who have an unfavorable opinion of Perry are obviously a problem for him. Hutchison leads 85-8 with those voters. But perhaps the even bigger problem for him is the Senator's sheer popularity. 47% of those surveyed have a positive opinion of both Perry and Hutchison, and among those voters she has the 49-33 lead. So while Perry still is viewed positively by a majority of likely primary voters, the simply reality is that they like Hutchison more. He's going to have to change that for any chance at political survival, and that's why this race is already and will continue to be quite a nasty one.

Another problem for Perry is that Hutchison leads with every subgroup of the population PPP tracks by gender, race, and age. There is a slight gender gap with Hutchison leading by 28 among women and 22 with men but it's still a substantial lead either way.

Perry is going to have an uphill climb to keep his seat.

Full results are here (PDF). I agree that this poll doesn't look good for Perry. Having said that, however, it seems to me that there's plenty of room for him to catch up, and not just because we're a year out from the actual election. We all know Rick Perry is going to run a relentlessly negative campaign against KBH. It's his nature and he's got nothing else to run on, but more to the point that's how you run against someone with better positives than you. I don't know how likely he is to succeed - there's always some blowback when you run this way, and sometimes the gap is just too great - but whatever else you may say about Rick Perry, the man knows how to campaign. If nothing else, I fully expect KBH's positives will come down and her negatives will go up, perhaps significantly. And if the Democrats can get behind a good candidate for Governor who can look serious and thoughtful while these two fling poo at each other, so much the better.

One more thing to note: It's possible this won't be a straight-up Perry/KBH race. State Rep. Leo Berman is thinking about making a run, which would amp up the crazy factor a few notches. Debra Medina, a former SREC member and RPT vice chairman candidate, has filed her paperwork to run as well. She apparently has the support of Ron Paul, which should add even more zest to the proceedings. Neither of them has any realistic chance of winning, but I could imagine them affecting the outcome. At the very least, people who don't like Rick Perry but think KBH isn't conservative enough would have someplace else to go. Just something to keep in mind going forward.

We should expect more results from PPP soon, including some Senate matchups and a look at favorability numbers for President Obama. In the meantime, you can follow more GOP primary stuff at the Kay Versus Rick blog, which also has a Twitter feed, for those of you who are into that sort of thing.

Interview with Vidal Martinez and John Castillo

As you know, I've been following the issue of Houston City Council redistricting with a lot of interest. After the lawsuit was filed a week ago Thursday, I wanted to speak to the protagonists and ask them some questions about their position and their desired outcome. I had that opportunity recently, and sat down with attorney Vidal Martinez and former City Council Member John Castillo, who was one of the key players in the 1979 suit that gave us the districts we have now. (Carroll Robinson was also going to be in on this, but he had a last-minute conflict.) I have to say, they make a compelling case for taking action now - among other things, Martinez points out that the original map was drawn with 1970 Census data; they didn't wait till the 1980 Census was out to go ahead with it - and claim that it could be done in time for even the May special election to go forward, if all parties agreed to do it right away. You can listen to the interview here (MP3) and judge for yourself.

As I understand it, we are currently waiting on a court hearing and a Justice Department investigation. The defendants - the Mayor, the Controller, and all City Council members - have 20 days to give their responses to the suit, so we'll presumably see some action in early March, which is to say shortly after the filing deadline for District H. In the meantime, let me know what you think about what Martinez and Castillo have to say.

Gambling poll

Got a press release in the mail on Monday that claims there is broad support for expanded gambling in Texas - in particular, allowing slot machines at existing race tracks and on Indian reservations. I'll point you to Texas Insider for a reprint of the release, and to this Google doc that has the poll questions and responses; I also received a statement in response to the poll from Texans Against Gambling, which you can see here. I guess I'm not surprised by this - especially in tough times, expanded gambling will look like an easy way to add to the state's coffers. I am a little surprised that the poll says that 68% of "conservative Republicans" favor the slots; given Governor Perry's ceaseless pandering to GOP primary voters, you'd think he'd have been in front of that parade. Maybe this is a prelude to a softening of his position, I don't know. What I do know is that I will never willingly use the word "racino" in a sentence, no matter how often the gambling industry repeats it. I mean, seriously, you have to draw the line somewhere.

Anyway, I've been saying that I expect there to be a push for expanded gambling this session. And now there's word that a major gambling expansion bill is about to be filed.

Sens. Rodney Ellis, D-Houston and John Carona, R-Dallas, and Reps. Jose Menendez, D-San Antonio, and Jim Pitts, R-Waxahachie, are planning to file a bill tomorrow that would bring 12 huge destination resort casinos to the Lone Star State.

"We're talking about very large destination casinos, with hotels and restaurants and other entertainment in addition to gaming, casinos that would bring in a whole new clientele, not just to gaming but people who'll come just for the hotels or the restaurants," said a spokesman for Ellis, who asked not to be named because he wasn't authorized to speak publicly.

The bipartisan plan calls for placing seven casinos in urban areas, probably two in Dallas County, two in Harris County and one each in Bexar, Travis and Tarrant counties, according to a source. Two might go to the barrier islands, ie Galveston and South Padre Island. Three more might be awarded based on a showing of economic impact.

An expansion of gambling in Texas would need the support of two-thirds of the House and Senate and the approval of voters. Last year, only one gambling expansion bill left the House committee, only to die on the House floor.

This year's bill evidently has something for the two casino-less Indian tribes, too. It would allow the Tiguas and the Alabama-Coushattas to also (re)open resort casinos on their reservations, a lobbyist who also asked not to be named, said.

This bill apparently doesn't have a racetrack slot machine provision, so it may wind up being opposed by other proponents of gambling who don't feel like they're getting a piece of the action. Note that Rep. Pitts chairs the Appropriations committee, so having him on board is a boost. This ought to be fun to watch, if nothing else.

Sixty-five percent of nothing

So back in 2005, after the regular legislative session and two ensuing special sessions on school finance, Governor Perry issued an executive order that would require schools to spend at least 65 percent of their tax money in the classroom. It came out of the blue and was inspired by a national crusade being pushed by the guy who founded Overstock.com. According to the executive order, schools were to be in compliance by the 2009-10 school year or face "tough sanctions," which were not determined at the time.

Now it's 2009. What's the status of that rule?

House Public Education Committee Chairman Rob Eissler said Tuesday that he informed Gov. Rick Perry - the original proponent of the requirement - that it probably won't fit into the new school accountability system to be considered by the Legislature this year. The rule mandated that at least 65 percent of school funds be spent on classroom instruction.

"I told him the 65 percent rule doesn't fit into this new scenario - and he agreed," Eissler told members of his committee at their initial meeting of the session Tuesday. "So we might get that done, because we need to set better rules." The governor ordered school districts to meet the standard in an executive order in 2005 and it was later incorporated into state requirements. But there was little punishment involved for not meeting the 65 percent benchmark and most districts were within range of the threshold anyway.

Thus, the whole thing was pointless, ineffective, and will ultimately be ignored. If that's not the entire Rick Perry experience in a nutshell, I don't know what is.

Texas blog roundup for the week of February 23

The Academy would like to thank the Texas Progressive Alliance for its weekly blog roundup. The envelope, please...

WhosPlayin presents a short video about what oil and gas pipelines have done to Dish, TX.

CouldBeTrue of South Texas Chisme encourages adults not Republicans to frame and address the problems drug cartels bring to Mexico and the US.

BossKitty at TruthHugger is appalled at the gullible taxpaying public who falls for the most obvious preparer scams. Stimulus Rebate Good - Fast Refunds Bad

The Texas Cloverleaf talks about the possibility of a Sam Rayburn Tollway in DFW.

jobsanger posts about the conviction of Jim Adkisson, who entered a peaceful church with a shotgun and began to kill those he believed to be liberals in Right-Wing Hate "Warrior", and says the hate-talkers of the right like Limbaugh, Coulter, Hannity, O'Reilly and others must accept their share of the blame.

This week, McBlogger took a look at the President's housing plan and found things to like but one really giant thing to hate.

Neil at Texas Liberal writes about the frustrating choices light rail involves in Houston and recalls former Houston school Board member and councilmember Eleanor Tinsley as someone who thought that Houston had value.

Off the Kuff takes a look at the case against Justice Sharon Keller.

Industry officials expose environmental impact of Barnett Shale drilling rig. By TXsharon on Bluedaze: DRILLING REFORM FOR TEXAS

nytexan at BlueBloggin is appalled that The White House is involved in Karl Rove's deal cutting with Congress. Obama, Like Bush, Seeks To Delay Rove's Testimony. Like Bush, Obama is meddling with the operations of the Justice Department.

At Texas Kaos, Liberal Texan takes a look at what's in the stimulus for Texas-you know, the the stimulus Rick Perry wants to piss away because it will hurt him in a primary for national office.

WCNews at Eye On Williamson discusses this sessions attempt at transportation financing, Enough of the half-measures and tinkering.

The connection between Texas' junior senator, a Houston financier-turned-crook, and a beautiful Caribbean island is explored by PDiddie of Brains and Eggs in Cornyn, Stanford, and Antigua.

Vince at Capitol Annex notes that the kind of waste being deposited right now in Andrews County isn't exactly what the legislature intended when--greased up with cash from nuclear waste interests--it passed a law in 2003 to allow the dumping of low-level radioactive waste in Texas.

Council campaign miscellania

Just some notes and news about various Council campaign activities, collected and collated into one convenient location for you...

Karen Derr will have an "old fashioned patriotic grand opening" of her campaign headquarters, which happens to be her house in the Heights. The event is this Saturday, February 28, from 2 to 4, at 448 Columbia (map). For more information, call Lance Marshall at 281-702-6367. Derr also has a podcast up on her site, for those of you who want to hear from her and can't wait for my interview.

Also this Saturday, from 2 to 5, is a house party for Maverick Welsh, at the home of Shannon Bishop and Kevin Jeffries, at 829 Allston (map).

If you're looking for something before then, there will be a fundraiser for Yolanda Navarro Flores this Wednesday from 5:30 to 7:00 at Rico's Triangle Cafe, 4002 North Main (map). There's a Facebook event for it, or contact Marisol with Campos Communications, 713 861 2244, marisol@camposcommunications.com.

Finally for District H, while I missed posting the info about a fundraiser for Ed Gonzalez that took place this past Friday, you can help him with blockwalking any weekend from 9:30 a.m. - 1 p.m. or 1 p.m. - 5 p.m. Show up at the headquarters on 415 Fairbanks St (map) or call Jason Cisneroz at 832 368 2042 for more info. We got our door knocked by the Derr campaign yesterday; I'm curious to see which others come by between now and May.

And in news from other districts, Carl Whitmarsh sent out word that there is another Democratic contender for District A, a fellow named Lane Lewis, who is an educator and resident of Oak Forest. That's all I know about him at this point.

That's what I know at this time. What are you hearing?

Son of Speaker complaining

So yes, even in the post-Craddick era, there are still complaints about the Speaker by Democrats. Some of this is to be expected: You can't satisfy everyone. Some of it is probably the result of over-inflated expectations. And some of it is perfectly legitimate concerns about the makeup of the committees and who did or did not get good assignments.

I continue to believe that what we've got now is better than we had before, and better than we would have gotten from another term of Tom Craddick. I think Burka has a point in that the extremists who ruled committees under Craddick were largely shunted aside, and that the Dems mostly got their wish to be able to pass their bills and help their districts. Obviously, there is much to be played out, and we don't really know yet if they'll get a fair shake in the calendar and in rulings on points of order and whatnot. That's where the rubber will really hit the road, and in the end I do think more real work will get done. At least, I think the potential is there for that. Of course, it's quite possible for things to be better than they were under Craddick, and still not very good. When there's that much room for improvement, there needs to be much improvement for it to be worthwhile. We won't know about that till much later.

Process is only part of the equation, too. Will the emphasis this session be on the real work that needs to be done, on things like higher education and rebuilding Galveston and windstorm insurance and restoring CHIP and so on and so forth, or will Speaker Straus follow Craddick's path of elevating divisive partisan issues over substance, and get things bogged down in the distractions of voter ID and abortion politics? Will we have an honest debate over the budget, or will Straus play games like Craddick and Warren Chisum did when they separated property tax cuts from everything else? Will members be free to vote their districts, or will they be pressured to do what the Speaker wants? It's totally up to him, and when he has to make those decisions I hope he remembers how he got to be where he is now. More importantly, he might think about how Craddick got to be where he is now, too.

ULI Mayoral candidate forum report

As I am not a member of the Urban Land Institute of Houston, I did not get an invitation to their members-only Mayoral candidate forum on Thursday, which got a brief mention in the Chron on Friday. Fortunately, Andrew Burleson is a member, and he was there. He's got a detailed report of the proceedings, which I highly recommend. Check it out.

Hey, you - wanna run for judge?

The following is an announcement from the Harris County Democratic Party.

The Judicial Candidates Committee of the Harris County Democratic Party will begin interviewing prospective candidates for judicial office for the 2010 General Election on March 2. Interviews will be scheduled for 7:30 a.m., 8:15 a.m., 5:30 p.m., and 6:15 p.m. for most Mondays through Thursdays from March 2 thru April 16, and last approximately 45 minutes each.

If you are interested in seeking judicial office as a Democrat in 2010, you need to contact the Harris County Democratic Party at candidates@hcdp.org as soon as possible to arrange an interview with the committee. While neither the committee nor the Harris County Democratic Party endorses candidates in the primary, it is imperative that each person who thinks he or she may be interested in running for judicial office meet with the committee within the next six weeks to discuss important matters relating to that potential candidacy, including the candidate's qualifications for office, the party's plans for the coordinated campaign for the November 2010 general election, and the candidates' roles in the coordinated campaign.

The committee will also be glad to answer prospective candidates' questions about running for judicial office at the time of the interview.

So, if you are interested in running for a judicial office in 2010, please send an e-mail to candidates@hcdp.org, including your contact information, a generic description of the type of court for which you are interested in running (civil, criminal, district, county court at law, probate, juvenile, family, court of appeals, JP; it is not necessary that you identify a particular bench at this time), a current resume and the times and dates you would be available to be interviewed. Your response should indicate several available interview times and dates.

For a complete list of the 73 judicial offices which are currently known to be will be on the ballot in Harris County in 2010 (not counting Texas Supreme Court and Court of Criminal Appeals) and the current officeholder of each such bench, you can visit http://www.hcdp.org/upcoming_elections.html.

Contact the Harris County Democratic Party at candidates@hcdp.org or 713-802-0085 if you have any questions about this process.

I suspect there will be a lot of interest, and thus a lot of contested primaries. And that's a very good thing, as I hope we learned from last year's experience. It will also mean hopefuls will start working on their campaigns early. Some of them already are - I've signed a ballot petition for one, and joined a Facebook group for another. I just hope we get a similar level of interest for the appellate and statewide positions.

Green to announce for City Controller

I think everybody knew that term-limited City Council Member Ronald Green, who currently serves on At Large #4, was planning to run for the to-be-open position of City Controller. But if you didn't, or if you were wondering what was up with that, here's a link to the invitation (PDF) for his campaign kickoff party, which will be on March 17. No word yet from any potential opponents, which at last report included at least two of his term-limited colleagues, Council Member MJ Khan in District F, and CM Pam Holm in District G. Green hasn't had an opponent since he defeated former Council Member Bert Keller in 2003. Since I doubt he'll be as fortunate this time around, it'll be interesting to see how this campaign plays out. In any event, the Controller's race is now officially underway.

Steroid madness

Can we please declare victory in the war on steroids in Texas high schools and move on to something more productive?

Only 11 Texas high school students proved positive for steroid use among nearly 29,000 students tested in the last year, leading some lawmakers and others to suggest a downsizing of the $3-million-a-year program.

Nearly all of the students who tested positive during the yearlong program were football players or wrestlers and all were male. Those tested were randomly selected from an estimated 740,000 student athletes.

[...]

Allison Castle, a spokeswoman for Gov. Rick Perry, said the governor "would be open" to a scaled down steroid testing program.

Many Texas athletic coaches have said they believe education works better than an expensive testing and continue to question the merit of testing for steroids but not for recreational drugs.

Lt. Gov. David Dewhurst, a main backer of the steroid-testing program approved by lawmakers two years ago, wants to continue the project but is receptive to changes.

"It is too early to determine what, if any, adjustments should be made to the program, but as with any important initiative like this, I am always looking for ways to make improvements," Dewhurst said.

Some high school coaches believe the money could be better spent.

[...]

The test results, showing a positive steroid result of only .03 percent indicates, "it's not quite the epidemic that a lot of people feared it was," said D.W. Rutledge, executive director of the Texas High School Coaches Association.

"There are a lot of concerns we have that this money could be used on, one being childhood obesity, another being recreational drugs," Rutledge said.

The first round of testing, done in the spring, netted three violators. Would someone please explain to me how this is a good use of our financial resources? I didn't see how it was then, and I don't see it now. I think we've clearly demonstrated that steroids are not a problem in Texas' high schools, at least not a $3 million one. Surely this money can be put to better use.

Ellis and Crownover on the smoking ban

State Sen. Rodney Ellis and State Rep. Myra Crownover have an op-ed arguing in favor of the statewide smoking ban legislation they're sponsoring. I don't know how persuasive their case may be to anyone who isn't already in favor of it - I get the impression this is more a matter of faith these days than anything else - but there you have it in case you were curious. What I'm curious about is how much actual effect this legislation will have. Maybe it's just my urban elitism speaking, but it strikes me that with the extension of Houston's ban, I can't remember the last time I encountered a lit cigarette inside a public building. Maybe if I visited a bar in unincorporated Harris County I would, but as far as my normal habits go, it's just not an issue for me.

So help me out here: Where, if at all, do you encounter smokers? I'm only talking about places that would be affected by this proposal, which includes bars, restaurants and all indoor public places across Texas, including offices, convention centers and bus stations. It would also ban smoking in the bleachers of outdoor sporting or music events, and anywhere within 15 feet of a doorway to a public building. Putting it that way, the latter is probably where I'm most likely to run into smokers, though not at my own office building - they're restricted to a rooftop area near the cafeteria, which I can easily avoid. What about you? Leave a comment and let me know.

One thing from the op-ed:

As Lance Armstrong recently stated, in 10 years we will look back at this debate and wonder, "What were we debating, and why did it take Texas so long?"

I have to say I agree with this. When I came to Houston in 1988, smoke was everywhere - restaurants, hotel lobbies, office buildings (at my first job, my smoking coworkers lit up in the building's atrium; the place had a permanent haze), you name it. Now, it's all gone, and it's totally normal this way. I fully expect that this will be one of those stories I'll some day tell my kids about how things used to be that will make them roll their eyes in disbelief.

Weekend link dump for February 22

It's the birthday edition link dump. Because the older you get, the longer your birthday lasts.

If only Lois Lane had had access to facial recognition software.

The Ridiculous Food Society of Upstate New York. They seem to like bacon. Not that there's anything wrong with that. Via Alison Cook.

Oil Can Boyd!

Stop listening to Suze Orman. I confess, I never started.

What impact did A-Rod's steroid use have on his home run performance? Most likely, almost none.

Remember how, after the Supreme Court ruling that awarded the Presidency in 2000 to Dubya, Republicans everywhere advised us Democrats to "get over it", lest we be branded as sore losers? Boy, those were the days.

Recycling, George Will-style. Who knew punditing was such hard work? He also does irony. Meanwhile, his editors enable his behavior. Anything to keep him from having another tantrum, I guess.

What is the deal with Republicans and copyright infringement?

Once again, Bill in Portland, Maine demonstrates that it really is possible to make fun of President Obama.

I just stumbled across the word "breastaurant". I think I was better off not knowing.

Among other things, Rep. Pete Sessions is a tool. And an idiot.

Palin-Perry 2012! Why double down when you can triple down? Or even triple-dog down?

RIP, Socks the Cat.

Roger Ebert remembers Gene Siskel ten years after his death. It's really touching.

Pity the poor Astrodome

These sure are bad days for the old icon, aren't they?

The Astrodome will not host the rodeo's nightly country-western dances next month, or any other special event for that matter, as city code violations that would cost millions to remedy threaten to keep the doors shut indefinitely.

It would cost Harris County $3 million just to make enough repairs to host rodeo-related events on the playing field of the iconic stadium, said Willie Loston, executive director of the Harris County Sports & Convention Corp. Tackling the entire list of violations the city identified last year would cost several times that amount.

[...]

The trouble began about a year ago, when dome officials could not produce a valid certificate of occupancy during their annual fire inspection, senior fire inspector Joe Leggio said. The county ultimately had to apply for a new certificate, which triggered an inspection by city building code officials.

That inspection and a follow-up inspection by the city fire marshal's office identified about 30 problems, including malfunctioning sprinkler and fire alarm systems. Those violations are considered life threatening, so the fire marshal could have ordered the building shut down. Instead, the county voluntarily relocated the three dozen employees of the management company that runs Reliant Park who had offices there and agreed not to host any public events.

The sprinkler system has since been fixed, and the county has a contract to replace the problematic fire alarm panel, said Loston, whose group manages the Reliant Park complex for the county.

[...]

Susan McMillian, an executive staff analyst in the City of Houston's Department of Public Works & Engineering, said standards are based on what the building is designed to be used for, not how it currently is being used. However, most of the inspection would be based on codes in place when the stadium was built in 1965.

It is not clear why the sports and convention corporation could not produce a certificate of occupancy despite operating with no problems for decades. County Judge Ed Emmett asked the County Attorney's Office on Friday to look into the fire marshal's authority to inspect the dome and what codes the stadium should be expected to follow.

Leggio said the city has always inspected the Astrodome and has always used the proper codes.

I would assume the fire marshal has - or at least, should have - the authority to inspect the facility because if a fire broke out there, it would be the Houston Fire Department that'd fight it. I don't know what things are like at the Dome now, but I can say that when I saw Lyle Lovett and Bob Dylan perform there a few years ago during the Rodeo, it was depressing how rundown it looked and felt. One way or another, this situation needs some kind of closure.

The dome's future has been uncertain since Reliant Stadium opened next door in 2002. Many residents oppose razing a structure long billed as the "Eighth Wonder of the World," but a proposal to convert it into a luxury hotel has faltered amid financial snags.

What, no love for the movie studio concept? Maybe that's the more realistic scenario these days.

A step forward for Houston-Galveston rail

We know that Metro is hoping for some stimulus money to help build light rail lines. Galveston is also hoping for some rail-related stimulus funds.

A commuter rail line between Galveston and Houston has been on the drawing board for so many years that many people have come to think of it as the community's longest-running fantasy.

But Galveston Mayor Lyda Ann Thomas and City Manager Steve LeBlanc returned from Washington, D.C., with the impression that the rail project has a better chance of getting federal funding than any other transportation project.

Thomas and LeBlanc visited officials in Washington about a long list of requests for funds to help the area recover from Hurricane Ike. On that list is $10 million for a preliminary engineering study to run a commuter service along the Galveston-Houston & Henderson line, which runs alongside state Highway 3.

The Galveston representatives carried a letter in support of the commuter rail project that had been signed by the mayors of League City, Texas City, La Marque, Dickinson and Webster, as well as County Judge Jim Yarbrough and Harris County Commissioner Sylvia Garcia. The Galveston representatives bumped into members of the Galveston County Commissioners Court, who were making similar requests for help recovering from the storm.

The commuter rail line would be built in two phases: Galveston to League City, and then from League City to downtown Houston.

The Galveston City Council approved that study back in December. The story notes that the cost of building this line is considerably less than the cost of widening I-45 to handle the same amount of traffic, which it puts at $2.2 billion. Here's hoping they get their request. Thanks to Hair Balls for the link.

The whys and wherefores of bus rapid transit

Mean Green Cougar Red has a good discussion of what bus rapid transit (BRT) is and isn't, and what its pros and cons are. The two main points:

1. The definition of "true" BRT is important. A lot of bus services that claim to be BRT really aren't. In a nutshell: if it doesn't have its own right-of-way, it's not really BRT.

2. BRT is not a fully-equivalent alternative to light rail transit (LRT). BRT promoters who try to pass BRT off as "rubber-tired light rail" are, at the very least, exaggerating.

He goes on in more detail from there. It's good stuff, so check it out. Via neoHouston.

And on a related note, you should also take a look at Robert Boyd's post on The Pros and Cons of Taking the Bus. Among other things, you can take pictures while riding, as he demonstrates.

The case for Van de Putte

Robert Ryland makes his case for a gubernatorial run by Sen. Leticia Van de Putte. Go check it out and see what you think. That Facebook group is up over 300 members in less than two days, by the way. Go and join it if you haven't already.

Wilshire Village declared a fire hazard

That happened on Thursday. More from Swamplot here and here. What a bizarre end to such an eccentric little development. I just hope that when the owners finally get to tear the place down, as they seem to want to do, the property doesn't sit empty for a year or more.

The case against Keller

Rick Casey reads through the Judicial Conduct Commission case against Court of Criminal Appeals Justice Sharon Keller, and finds that her actions were worse than even I had thought.

We already knew that Keller and the other judges were aware of the Supreme Court decision. We didn't know that the court's general counsel, Edward Marty, had started drafting a proposed order in anticipation that Richard's lawyers would file a request for a stay .

Nor did we know that Judge Tom Price had drafted a dissenting opinion and circulated it to the other judges, including Keller. Nor that all the judges were notified about 2:40 p.m. that the Harris County District Attorney's Office had reported that Richard's lawyers were planning to file a request.

The Supreme Court decision was so much on the court's mind that Judge Cathy Cochran forwarded to all her colleagues a copy of the Kentucky Supreme Court decision that was being challenged.

Under court procedures, Judge Cheryl Johnson was the designated judge who was supposed to receive all messages regarding Richard's case. She and Marty planned to stay at the office to receive any messages until Richard was executed.

Chief Judge Keller went home early and was called shortly before 5 p.m. by Marty. Richard's lawyers were having computer problems and wanted the clerk's office to stay open until 5:20 or so to receive their filing. Rather than forward the message to Johnson as policy required, Keller instructed Marty to tell the lawyers no. The lawyers made attempts up until 6 p.m. to deliver the filing but were told nobody was there. Richard was executed at about 8:20 p.m.

Two days later, the Supreme Court stopped all executions by injection based on the same arguments Richard's lawyers made. Richard was the only convict executed until six months later, when the Supreme Court OK'd lethal injection as constitutional.

Here's the stunner: The morning after Richard's execution, the nine judges had their weekly conference. At the end of it some of the judges expressed surprise that Richard's lawyers hadn't submitted a filing.

Cochran even raised the question -- hypothetically, she thought -- of what would happen if the lawyers showed up after the clerk's office closed. She said the court should accept the filing anyway. According to witnesses, Keller said, "The clerk's office closes at 5 p.m. It's not a policy, it's a fact."

Keller lacked the decency or the courage to tell her colleagues about the call she had received.

What a thoroughly despicable human being. Burka thinks the end is near for her tenure on the bench - one way or another, he says, she's going to go away. All I can say is that's great if true, and long, long overdue.

Of course, she has two weeks to respond to the charges, and she's got herself a defense attorney, who I'm sure will zealously represent her interests at the public trial she'll get.

Keller will be allowed to present evidence, raise objections, and call and cross-examine witnesses in a forum that will resemble many civil court trials, said Seana Willing, executive director of the Commission on Judicial Conduct.

"The judge can put on her case and we can put on our case," Willing said.

Can't wait to hear what she has to say for herself. One thing I'm sure of is that her defense attorney will do a far better job for her than the attorneys for some of the appellants who have appeared before her ever did for them. Not that she cares, of course.

One last thing, from the Chron story:

The proceedings against Keller will take between six and 18 months to complete, Willing has said.

So I may have to wait that long after all. Alas.

Our Hispanic future

It's happening now.

In a new report on population trends in public schools, the Texas Education Agency reports that Texas now enrolls 130,000 fewer white children than 10 years ago.

For the first time, Hispanic children dominate first-grade classes, adding about 4,000 children last year to become the outright majority with 50.2 percent of students.

But Hispanic children would have become dominant without even one new student, because white first-grade enrollment dropped by about 2,000.

White children are now fewer than one-third of the first-graders in Texas.

If this is a surprise to us, it's not one to Karl Eschbach of the University of Texas-San Antonio, appointed by Gov. Rick Perry as the official state demographer.

"What people don't realize is the sheer inevitability of this change," Eschbach said Friday.

It isn't about immigration, he said. It's about native-born Texan and American children growing up.

Some white conservatives -- not all of them but certainly all the ones with radio shows -- fear the "Latinization" of Texas. No reason to fear.

"It's already happened," Eschbach said.

In Harris County, the tipping point was two years ago, when Hispanics became the plurality. The state of Texas is still predominantly white, but not majority white, not since 2003.

"If the state is going to be healthy, we have to invest in children," Eschbach said, repeating part of the presentation he gives across the state. "We have to invest in education. We have to invest in preparing children for a global economy."

In other words, Texas' future depends on how well we prepare today's minority children.

Eschbach was blunt.

"The children who don't 'look like us' will have the greatest say in the state's future success," he said.

He sounds a lot like his predecessor, Steve Murdock. Maybe one of these years we'll actually start listening to these guys.

Why does Governor Perry hate sex toys?

From Scott Henson:

Normally, the Texas Senate rubber stamps the Governor's appointments to the Board of Pardons and Paroles, but one of Rick Perry's three appointees announced last week perhaps deserves closer vetting by the Senate. According to the Governor's press release:

Shanda G. Perkins of Burleson is a retired banking executive. She is a member of the United Way of Johnson County Board of Directors and Burleson Lions Club. She is also director of the Johnson County Chamber Summit, and is a member and past ambassador of the Burleson Chamber of Commerce. She also volunteered as a youth pastor, counselor and Sunday school teacher at Lighthouse Church. Perkins replaces Jose Aliseda of Beeville.

That doesn't explain, though, why she's being appointed to this slot. As far as I can tell, Mrs. Perkins' sole experience in the criminal justice realm stems from a personal morality crusade against the sale of sex toys in Johnson County that led to the 5th Circuit Court of Appeals overturning Texas' law on the subject.

She's so tough on crime, in other words, she's tough on crimes the federal courts say cannot exist because they're acts protected by the First Amendment. But Governor Rick Perry thinks she'll make fair decisions on the parole board?

Now that's what I call being tuff on crime. And I just wanted to point out that I blogged about this two other times besides the link Scott used. Because as I said before, what's the point of having a blog if you can't use material like this? If you really want to know more about this - and of course you do - I recommend this Dallas Observer story from 2004, which gives rise (sorry) to the term "dildo runner". Never have I meant the words "check it out" more than I do right now.

Friday random ten: You say it's your birthday

In honor of my birthday this week, here are ten songs related to birthdays, getting older, and stuff like that.

1. Birthday - The Beatles
2. Rock and Roll Never Forgets - Bob Seger
3. Happy Birthday - Weird Al Yankovic
4. Too Old To Rock And Roll, Too Young To Die - Jethro Tull
5. The Birthday Song - Asylum Street Spankers
6. Old, Fat, and Drunk - Austin Lounge Lizards
7. When I'm 64 - The Beatles
8. It's My Party (And I'll Cry If I Want To) - Leslie Gore
9. Glory Days - Bruce Springsteen
10. Still Crazy After All These Years - Paul Simon
11. The Birthday Dirge - various artists

The last one is the pinch to grow an inch. Which, once you get past the teenage years, doesn't seem quite as appealing. Nonetheless, here's a video of that last one for those who've never heard of it. I tried to find a sample of the Spankers song, which is done to the tune of the finale of the "William Tell Overture" and contains the line "You say it's your birthday, oh that much is true/But muggers and perverts and drunks have them, too", but came up empty. What songs get you in a mood to celebrate another trip around the sun?

Roy announces

Dream big, dude.

A Republican elected official who twice ran unsuccessfully for Houston City Council is claiming a spot as the conservative choice in the nonpartisan campaign for mayor.

Roy Morales, 51, elected in 2006 as a Harris County Department of Education trustee, launched his latest campaign with pledges to cut municipal government spending and to keep the city safe from natural disasters and potential terrorist attacks.

[...]

He ran in 2005 for an at-large seat won by Peter Brown, who now is entering the mayor's race. In 2007, Morales ran for a different at-large seat and lost a runoff to Melissa Noriega. Both were seats vacated by incumbents, and now Morales is aiming for the job that Bill White must leave because of term limits. The election is Nov. 3.

Morales then ran again against Council Member Noriega in November on 2007, in a straight-up contest. Here's how he's fared in his four times (over three campaigns) on the citywide ballot:

Date      Position   Votes    Pct

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

11/05  At Large #1  48,644  31.91

05/07  At Large #3   6,349  18.52

06/07  At Large #3  11,062  44.33

11/07  At Large #3  34,758  33.91

There were about 182,000 votes cast in the 2005 Mayor's race, and 117,000 cast in 2007. If 2009 is like 2003, there will be over 300,000 votes cast this year. In short, he has a ways to go.

Unlike now, Morales spoke out against illegal immigration in his 2005 campaign.

He said four years ago that the city should end "this sanctuary program," which is how critics portray the city policy of not enforcing immigration laws on its own.

Morales said this week he is against detaining city residents who an official may think look like illegal immigrants -- and that city government should wait to see how the federal government changes its immigration policy before tackling the issue here.

Guess he figured that he can't win on the wingnut vote alone. I'll give him credit for coming to his senses.

Morales said he expects to run his campaign through low-cost, grass roots efforts.

Which is another way of saying that he doesn't expect to raise any real money. All I can say is it's hard to win that way.

Van de Putte profile

Really nice article in the SA Current about San Antonio's Sen. Leticia Van de Putte, the Democratic caucus leader and a rising national star who had a pretty busy year in 2008 and may be headed for bigger things next year.

In January, she delivered the Spanish-language response to George W. Bush's final State of the Union Address. In February, she block-walked on the West Side with Hillary Clinton. In June, she set the stage for Clinton's withdrawal from the presidential sweepstakes by striking a unifying tone at the Texas Democratic Convention. The following week, she joined 11 other Latino leaders at a Washington meeting with Barack Obama to discuss his relationship with the Latino community.

In August, she co-chaired the third night of the national convention, bringing down the curtain on a night when Obama secured the Democratic nomination and Vice-Presidential nominee Joe Biden delivered his acceptance speech. In October, Texas A&M University Press published Latina Legislator: Leticia Van de Putte and the Road to Leadership, an examination by UTSA political-science professor Sharon Navarro of Van de Putte's pioneering role as the second Latina senator in Texas history. In December, San Antonio mayoral hopeful Julian Castro publicly introduced Van de Putte as someone who "might be the next Democratic candidate for governor." That same month, her office had to deny persistent rumors that Barack Obama planned to offer her a position in his administration. And Van de Putte herself has hinted that she might be open to a 2010 run for Kay Bailey Hutchison's soon-to-be-vacant U.S. Senate seat.

[...]

In recent years, Texas has been brutal to Democrats in state-wide races, and while Van de Putte points out that such a run would be easier for her now that her kids are grown (her youngest is a 19-year-old college student), she doesn't seem particularly eager to leave the Texas Senate.

"If I can still have that passion in something else, then that's what I'm going to do," she says. "But, really, what drives me is my family and the kids. I've got great freedom. I have a wonderful district that's allowed me to do stuff, and they've voted me in for another four years, and I'm going to use the voice."

"We have several well-qualified candidates [for governor and senator]," [Taking Back texas co-founder DeeJay] Johannessen says. "She's served her constituency well and would be a good candidate."

[Sen. Mario] Gallegos believes that Van de Putte would alter the game in Texas simply by making a bid for higher office.

"She would get crossover voting, not only because she's female, but because of the leadership role she's taken all these years," he says. "She brings a fresh outlook on things and I think that's what people are looking for. There's no doubt in my mind that if she decides to run for the U.S. Senate, or whatever position she decides to run for, that she'll be able to get her share of the votes."

I noted the possibility of a Van de Putte candidacy for Governor last week, and nothing I've heard since then has changed my perception that she'd generate a lot of excitement if she did run. She doesn't start out with a lot of money in her campaign coffers, but reading that piece it's clear she'd have a lot of resources to tap into, including perhaps the President himself. She won re-election last year, so she would not have to give up her Senate seat to make a run for Governor in 2010. Obviously, if either Bill White or John Sharp changed course from the Senate race, that would likely change her calculus. But as things stand now, perhaps the stars are lining up for Sen. Van de Putte to take a crack at it next year. Count me as one who'd be delighted to see this. If you count yourself as well, you can join the Draft Leticia Van de Putte for Governor Facebook group, which has 150 members at the time I published this, and make your preference known. EoW and BOR have more.

The HTA and the Times

The New York Times wrote an editorial about the Consumer Product Safety Improvement Act (CPSIA). Unfortunately, they seem to have misunderstood what all the fuss is about.

As many parents, and ultimately manufacturers, learned the hard way, the Bush administration did not make the safety of toys and other products a priority. That led to the recall of millions of toys -- some because of lead paint, others because of hazards such as small and powerful magnets that children swallowed. The Obama administration now has an opportunity to fill that regulatory gap by appointing new leadership for the Consumer Product Safety Commission.

Last year, Congress passed the Consumer Product Safety Improvement Act, giving new authority and resources to a shockingly understaffed agency. The law has been described, accurately, as providing the safety net that consumers assumed they already had.

Unfortunately, the commission has yet to implement important aspects of the new law. The delay has caused confusion and allowed opponents to foment needless fears that the law could injure smaller enterprises like libraries, resale shops and handmade toy businesses.

One of those opponents is the Handmade Toy Alliance, which includes my cousin Jill, who makes her blogging debut with a response to that piece.

Our issue with the CPSIA has nothing to do with an inability to provide safe toys. It has to do with the inability to cost effectively prove that we have safe toys. We must also point out that this law is not just about toys, but rather all products intended for children aged 12 and under.

We must also take issue with the following statement, "The law provides ways to address such concerns without undercutting its new and vitally important protections against lead or other toxic substances in children's products." Unfortunately, the law does not address our concerns. We agree that it is vitally important to have protections in place to keep toxins out of our children's environments. Many of our member businesses began their companies as a reaction to the toy recalls. They take extra care in researching the products they make and carry in their stores, and are completely involved in the production process. Rather than supporting these businesses, the law requests costly third party redundant testing that would effectively put thousands out of business. If large corporations are all that stand after this law is implemented as is, then who is truly served?

The stay of enforcement does not negate the lead limits or phthalate ban. In fact, the CPSC was quick to point out in their press releases that they do not have the authority to override the limits. Therefore, manufacturers still need to comply with the letter of the law.

She was a lot gentler with them than some other people, but I think she made her point just fine. Welcome to the blog world, Jill!

CSI: Needs Improvement

Looks like Gil Grissom got out at just the right time.

Crime labs nationwide must be overhauled to prevent the types of mistakes that put innocent people in prison and leave criminals out on the street, researchers have concluded.

A 255-page report from the National Academy of Sciences is urging creation of national standards of training, certification and expertise for forensic criminal work, much of which is currently done on a city or state level.

The report's authors say the lack of consistent standards raises the possibility that the quality of forensic evidence presented in court can vary unpredictably.

[...]

In particular, the report's authors point out that, with the lone exception of DNA evidence, similar analysis of bite marks, tool marks, or hair samples, cannot provide a conclusive "match" in the common understanding of the term.

Such evidence can show similarities between a suspect and evidence left at a crime scene, but does not provide absolute certainty.

Peter Neufeld, co-founder of The Innocence Project which helps free wrongly convicted prisoners, said the findings marked nothing less than a "seismic shift" in criminal forensic science.

"It's going to take a national undertaking, a massive national overhaul, to make our forensic science community sufficiently robust," argued Neufeld.

Peter Marone, the director of Virginia's forensic lab, acknowledged "there are some issues that need to be addressed" within the profession, but said by and large the report's recommendations echo what he and other experts have been saying for years.

"We need better education, we need better standardization, and we do need accredited universities," he said.

[...]

The NAS report recommends Congress create and fund a new, national institute of forensic science to help establish consistent standard for forensic science, certification of experts, and development of new technology. It also recommends that forensic science work be moved out of the offices of law enforcement agencies to foster more unbiased analysis.

Those recommendations were made for the HPD Crime Lab as well, and were an issue in the District Attorney's race last year. It's great to issue a report like this, and I agree it's a huge shift in how we think about these things, but it'll be little more than interesting bathroom reading unless there's a federal funding mechanism to make this happen. It'll also presumably require action in state legislatures as well, to create the replacement labs. So consider this to be the first step on the thousand-mile journey. Grits has more.

Judicial conduct commission moves against Keller

About damn time.

The state judicial ethics commission has charged Sharon Keller, the presiding judge of the state's highest criminal court, with violating her duty and bringing discredit upon the judiciary when she declined to allow a death row prisoner to file an after-hours appeal in 2007. The inmate, Michael Richard, was executed about 3 1/2 hours later.

Keller will face a public trial to answer the charges and could be removed from office, reprimanded or exonerated.

A complaint against Keller, who presides over the Texas Court of Criminal Appeals, was filed with the commission more than a year ago. An editorial in the New York Times this morning said the commission's failure to act during that time was inexcusable.

State Rep. Lon Burnham (D-Ft. Worth) filed a resolution in the Texas House earlier this week calling for Keller's impeachment.

That complaint was filed on October 11, 2007. They sure do take their time on the Judicial Conduct Commission, don't they? I have to wonder, if Rep. Burnam had not filed his resolution to impeach Justice Keller, would we still be waiting on them? The timing looks awfully convenient to me. I mean, better late than never and all that, but c'mon. Why in the world did it take nearly a year and a half for this?

The Times editorial is here, by the way. Patricia Kilday Hart applauds it, while Grits is starting to think that impeachment is appropriate. I say if there's a legitimate way to get her off the bench now, it should be pursued. I just hope we don't have to wait another 16 months for an answer to that.

UPDATE: Mark Bennett has the notice of formal proceedings (PDF) against Justice Keller.

Metro vote on light rail contract delayed

Rats.

Metro's board Chairman David Wolff has called off [today]'s vote on a contract with the agency's rail builder in favor of a special board meeting next month.

The Metropolitan Transit Authority has been in negotiations with Parsons Transportation Group since last April to build four new rail lines: North, East End, Southeast and Uptown.

The board was expected to take up the contract with Parsons during Thursday's board meeting.

According to a Metro news release, the proposed contract now will be the lone item to be considered at a March 5 board meeting.

Ah, well. I've waited this long, I can wait two more weeks, as long as it gets done.

Unfortunately, it looks like the Metro board will also have to discuss getting a smaller piece of the stimulus pie than they had originally hoped.

Metro's share of the federal economic stimulus package is $92 million, about half of what was anticipated, the agency's CEO and President Frank J. Wilson said this morning.

The final version of the stimulus bill reduced the $180 million the agency had anticipated it would receive, he said.

[...]

Metro had requested $410 million in stimulus funding to begin [the North and Southeast] lines in addition to $70 million to convert High Occupancy Vehicle lanes into toll lanes.

The transit agency previously announced that the stimulus and other federal funds would be sufficient to begin construction on the North and Southeast lines this year.

Sheesh, you'd think I could get one piece of good transit news on my birthday. Is that so much to ask? I just hope this doesn't screw up their funding calculations.

I say it's my birthday

Apparently, this is a pretty busy week for blogger birthdays. Tuesday was Elise Hu and Stephanie Stradley; they both got cool presents befitting their bloggy stature to help them celebrate. Yesterday was Atrios' turn; I have no idea if he got any presents, but he does have his own Wikipedia entry, which is nice. And today is mine. (It's also Justine Bateman's, but as far as I know she's not a blogger.) I have it on good authority that there will be some baked goodies for dessert tonight, so I'm covered as far as presents go. One of the things I've learned by having kids is that it's not really a birthday if there isn't cake involved. Good to know I'm doing it right.

The Census and City Council redistricting

Looks like Mayor White has an interesting ally in the city council redistricting debate.

Frumencio Reyes, the dean of Houston-area redistricting litigation, said he believes the mayor made the right decision in putting off redistricting.

[...]

Reyes, who has taken at least one Voting Rights Act case to the U.S. Supreme Court, said that if the city were to go ahead with redistricting now, it could disenfranchise local Latinos. His rationale echoed city officials: To undertake redistricting, municipalities must use U.S. Census micro-data to develop the precincts that would be used to draw voting districts.

But the Census only completes population counts at that level of specificity every 10 years, as it will do next year. To add two districts, the city would have to use data from 2000. Based on advice from his city attorney and Reyes, White has opted to wait until the 2010 Census results are in, asserting that any plan devised before then likely would not withstand a legal challenge.

"Using the old census numbers would create a tremendous disadvantage for Hispanic voters," Reyes said. Of all the demographic groups in Houston, the Latino population has grown the most in the past 10 years and has the most to lose by poorly drawn voting districts, he said.

I've been arguing that since we've waited this long we'd be better off waiting till the 2010 Census numbers are in, so Reyes' logic makes sense to me. It still doesn't quite address the issue of why we didn't take action in 2006, but if you accept Reyes' reasoning, it's plausible to think that the 2000 figures would have been sufficiently skewed by then as well. If nothing else, this is a pretty strong answer that the Mayor can give to his critics on this issue.

Reyes is not the only community leader finding himself in an unusual position. Former City Councilmen Carroll Robinson and John Castillo are backing the lawsuit. Like Reyes, Castillo was involved in the 1979 settlement with the Department of Justice that brought about the 2.1 million provision. As an aide to Councilman Ben Reyes in the late 1970s, he pushed the city to add a second Hispanic district, researching the population himself and turning in an alternative plan to what the city presented to the Department of Justice. He played a key role in fashioning District H.

"I'm disappointed that the city has not tried to be compliant with the court order and the settlement that was reached," Castillo said. "It's obvious that they did know in 2006 that the threshold had been reached and should have begun to make plans to implement the new districts as soon as possible."

White announced his intent Wednesday to set up a campaign to involve community leaders, churches and council in the upcoming Census count. The "Complete Count" committee, an idea used during the 2000 Census, would seek to encourage participation in the Census. City officials said the committee will make a special effort to find "hard to reach" communities that some demographers worry are undercounted.

Robinson said the "complete count" effort was a good idea but separate from the requirements in the charter to redistrict. He castigated council members for a separate action taken Wednesday that essentially ratified the 2000 Census count of around 1.95 million people for voting purposes, even though the city has for years used far higher population figures -- now reaching around 2.2 million -- in official documents, including budget-related calculations

More on that "complete count" story here:

White will chair the "Complete Count Committee" in an effort to publicize the importance of every Houston resident's participation in the census next year. Federal funding, charity grants and political redistricting at all levels depend on the accuracy of the count.

"People need not be afraid of filling out the census form," said Councilman James Rodriguez, who will be vice chairman of the committee. "There is a concern in the immigrant community that it will be used to determine their immigration status and it will be turned over to (Immigration and Customs Enforcement) and they'll be deported."

Census numbers are never turned over to immigration officials, Rodriguez said, but he added that a massive public relations effort is needed to encourage participation. In 2000, doorhandle fliers used on the East Side featured a prominent Catholic bishop's photo and instructions in English and Spanish.

Rodriguez wants the committee to begin work in the next few weeks.

Stace is also on the Mayor's side in this, as is Council Member Rodriguez, who voted with the Mayor on that ordinance Robinson references. I have no idea how the court battle will go, but yesterday was a good day for the city's position on the public relations front.

Stimulus for the schools

Texas' public schools are set to get some much needed stimulus money.

Texas school districts can expect a jolt of more than $3 billion over two years under the $787 billion package ushered in by President Barack Obama's administration.

Under the bill, schools must spend much of the money on programs targeting children from low-income families and students with disabilities. That means large districts with more disadvantaged students will reap the most money -- the Houston Independent School District is expected to pocket $158.6 million -- though even the smaller, more affluent Friendswood ISD is slated to receive $1 million.

Officials at the Texas Education Agency, which will distribute the funds to local districts, still are reviewing the federal spending rules. But they expect tens of millions to go toward technology and also hope the federal funds can cover textbooks (the state's book fund is short) and hurricane-related school repairs.

"I don't think there's a shortage of wish lists. The needs are great," said Debbie Ratcliffe, a TEA spokeswoman. "This could help put people to work and improve the schools. But we've all got to be careful how we spend it and make sure it's on reasonable, needed projects."

Ratcliffe said the federal funds could help districts avoid layoffs, but it's unknown how many, if any, new school jobs will be created.

Just not laying people off should be considered a win, especially given the unemployment insurance situation. That will probably have a ripple effect on the various private employers who contract with schools and school districts as well.

Local district officials said they are reluctant to hire a slew of new staff because the federal funds are scheduled to dry up in two years.

"We don't want to hire a bunch of teachers and then have to do a reduction in force. That's very demoralizing for your staff," said Sarah Winkler, president of the Alief school board. "Whatever we do, it's going to be something we think we can sustain or something we think is a temporary need."

Maybe someday, when we're not spending hundred of billions of dollars a year on disastrous wars of choice in the Middle East, we can start thinking about spending some of that money on an ongoing rather than ad hoc basis for things like our schools. I know, I know, that's crazy talk. But I can dream, can't I?

Reading and writing and social networking

From the "You kids don't know what it was like!" files:

Studying on your laptop is so 2007. A group of biology students at Houston Community College's southeast campus just turns on iPhones.

"Instead of bringing your book to class, you bring your phone," said Lisa Jackson, one of 15 students enrolled in Anatomy and Physiology II as part of a pilot project to deliver course work on Apple's trendy smart phones.

Lifang Tien, a biology professor, and Roger Boston, who teaches computer science and business technology, received $100,196 from a fund created by HCC Chancellor Mary Spangler to encourage innovation, then used the money to buy phones and pay the monthly bills. Students have to give the phones back at the end of the semester.

In return, Tien and Boston are studying whether delivering instruction on a phone that can connect to the Internet anytime and anywhere makes a difference in how students learn.

Tien's students like the convenience. Tiffany DeBurr Brewer has studied in her car while her three kids raced noisily around the house.

"I can study in my spare time," she said. "I don't have to lug a laptop around. It makes my life easier."

There's the cool factor, too, giving students one of the hottest gadgets.

"Our kids, they are so into this," Tien said.

That's very cool. Even if it does make me feel very old. Now if you'll excuse me, I need to go yell at a cloud.

So about those stimulus funds

Remember how Governor Perry had argued against states receiving federal stimulus dollars? Well, he still doesn't want them, though he's giving himself some waffle room.

Gov. Rick Perry said Tuesday he's not sure the state should accept all of its projected share of federal stimulus money -- $16.9 billion and counting by preliminary estimates -- because of the "mile-long" strings that might be attached.

"In Texas, we actually know it is a good idea to look a gift horse in the mouth. If we don't, we may end up with an old nag," said Perry, who has been critical of such federal spending and voiced concern over whether the state could afford federal strings.

"One thing that concerns me is that dollars are going to come into Texas that require us to match those dollars, and then two years from now, those federal dollars won't be there, but we will be on the hook to pay for those programs going forward," Perry said.

Funny, I don't recall that being a condition for property tax cuts. But that's Totally Different, because, well, it just is.

According to a preliminary legislative analysis, economic stimulus provisions that affect the Texas budget could total about $16.9 billion.

Perry didn't say which programs he was referring to, and spokeswoman Katherine Cesinger said his staff still is looking over potential allocations to Texas.

One program that raised concern early on was funding for unemployment insurance that would be contingent on state changes allowing more jobless people to become eligible, Cesinger said.

That would be the unemployment insurance fund that we stopped fully funding awhile ago.

Rep. Jim Dunnam, D-Waco, who heads the state House's Select Committee on Federal Economic Stabilization Funding, said it's hard to understand the GOP governor being reluctant to take stimulus funding.

"The governor every year comes in and wants half a billion dollars for the (state) enterprise fund to create jobs and stimulate economic growth and he's going to say we don't want $20 billion?" Dunnam said. "I find it difficult to understand."

Perry said he welcomes federal dollars for one-time infrastructure improvements, such as transportation.

"You've got plenty of roads and re-doing some things down in Galveston County and that part of the state hurt by the hurricane. We'll gladly accept those dollars. But we need to say, 'No, thanks,' if they're trying to stick a bill on the state of Texas to expand government," Perry said.

And what, road and reconstruction projects always come in under budget? Anything we undertake now might wind up costing more later. That doesn't mean they're not worth doing. Heck, some things turn out to be sufficiently worthwhile that we decide to spend more on them later. What are we afraid of?

I accept that sometimes federal monies come with unpalatable requirements. I don't mind having a debate over those things, as long as the Lege gets to express an opinion as well. These decisions need to be made on a larger basis than Rick Perry's primary campaign. We can always include a sunset provision on anything we're not sure we want to keep funding two years from now. BOR has more.

UPDATE: In the end, Governor Perry has decided to take the cash. Since that's what I wanted him to do, I'll spare the snark about being against it before he was for it. But that doesn't mean you have to! Here would be a fine place to express your sarcasm. Just be careful about what email address you use.

Shady Acres candidate forum report

I attended the District H candidate forum that was presented by the Shady Acres Civic Club last night. Eight candidates were in attendance: Gonzalo Camacho, Karen Derr, Yolanda Navarro Flores, Lupe Garcia, Ed Gonzalez, Hugo Mojica, Rick Rodriguez, and Maverick Welsh. That makes the logistics a bit unwieldy, but the Shady Acres folks and moderator Nancy Wilcox did a good job of keeping things on track and moving. You can see photos of all the participants here along with a list of questions they were all asked; the questions were sent to them in advance, and some of them have submitted written answers as well - there are links on the sidebar to those answers.

I'm just going to give general impressions here. I thought the candidates generally came off pretty well. Nobody made me cringe or wonder what they were doing up there, as was the case with a couple of non-entity candidates (neither of whom was ultimately on the ballot) at a Mayoral forum our neighborhood association hosted back in 2003. There was a lot of agreement among them as they answered the questions that were posed to them. This was partly an artifact of the limited time they had to answer the questions (90 seconds each), and partly because the candidates are not too far apart in outlook and ideology. There is a broad range of backgrounds and experiences among them - the candidates include cops, lawyers, teachers, realtors, civil engineers, and business owners - and it's clear they have different priorities and approaches. But at this stage of the game, there wasn't that much dissonance among them. I assume that will change for the runoff, at least to some extent, but for now things were very civil and pleasant.

We're about ten weeks out from the start of early voting. This is going to be a low-turnout affair, so it's really important to try and get to know these folks, because with such a big field and with many of them having some base of support to begin with, it's impossible to say who might make the runoff. There are at least two more candidate forums coming up that I know of, one of which will be held by the Greater Heights Democratic Club in March. I really urge everyone in H to make an effort to attend some event or meeting or whatever where these candidates will be and ask them whatever questions you may have. The odds are good they have been or will be at your neighborhood association's meetings. The difference between making the runoff and not will likely be measured in something like a few dozen votes, so make sure your voice gets heard.

I will be conducting interviews with all these candidates starting next month. I still have to figure out who I'll be voting for. In the meantime, take a look at the Shady Acres page and the candidates' answers that they have so far and get acquainted with them. It'll be time to vote before you know it.

Voter ID already moving in the Senate

I hope you've all enjoyed the relative quiet in the Lege these past few weeks, because it will be coming to an end soon.

The controversial Voter ID bill that triggered a nasty Senate fight last month over a rules change today was referred directly to the full Senate for a vote, setting the stage for new unpleasantness.

Now that it has been referred, Senate Bill 362 could be brought up for consideration as soon as next week, several senators said.

[...]

[Tuesday's] referral came without fanfare, one of more than 50 bills that were assigned today to various committees. While mostly symbolic, it could promises to put outnumbered Democrats who oppose it on alert against the Upper Chamber's Republican majority.

Normally, bills are referred to Senate committees for review and approval before they come to the full Senate for debate and a vote. This bill was referred directly to the Committee of the Whole, the full Senate.

The controversial measure by Sens. Troy Fraser, R-Horseshoe Bay, and Craig Estes, R-Wichita Falls, would require Texas voters to verify their identity before they could cast a ballot.

No immediate word on when the measure will be brought up for Senate debate.

I suppose this is to be expected, given that voter ID is the single most important issue facing Texas today. I realize that the Senate Republicans and Lt. Gov. David Dewhurst have done everything they can to stack the deck in their favor on this, but I trust that the Senate Dems still have plenty of fight in them and will take whatever action they think is needed, given that their colleagues see them as little more than nuisances that need to be quelled. We know that the House Dems will do their part. See this video of State Rep. Rafael Anchia, who is on the Elections committee, for the evidence. Todd Hill kindly provided a transcription of the relevant bit:

When I looked at the [committee] assignments on the Elections committee, the speaker didn't really follow through on bi-partisanship in that committee. He didn't even put a veneer of bi-partisanship. Most of the committee's you have a Democratic Chair with a Republican majority-he didn't do that here.

He put a Republican Chair in place and a Republican majority-including people who have voted for the worst kind of voter disenfranchisement Bill in the past.

So that's a place of concern. If you've got a grandparent at home who might be a Korean War veteran, and 85 years old without a driver's license they are going to be required to bring their voter registration card and their driver's license as well. I think that's going to disenfranchise a lot of people.

So if they want to move a partisan disenfranchisement Bill then they're going to have a fight on their hands.

We get can stuff done this session, or we can blow it up over voter ID. That's the choice the Republican leadership has to make.

All DNA, all the time

How often should we collect DNA from someone who's been arrested? Some people think the answer should be a lot more often than we do now.

Texas is one of several states that draw DNA samples from anyone convicted of a felony and those arrested for particularly violent crimes, such as sexual assault and murder. The federal government takes samples from everyone arrested by federal officers.

Austin Police Chief Art Acevedo is among the law enforcement officials pushing to collect DNA from suspects in Class B misdemeanors. Their plan could mean sampling more than 800,000 people a year, some of whom may never be convicted or even go to trial.

Experts say that while a few states take DNA in misdemeanors involving sex crimes, none has gone as far as the Texas idea. The American Civil Liberties Union worries that police might make arrests just to fish for a DNA match.

"We think this is an outrageous invasion of privacy," said Rebecca Bernhardt, policy director of the American Civil Liberties Union of Texas.

"This is a step in the direction of creating a DNA database of every person in Texas, which is something Texans should be against," she said. "DNA is the most basic and private information a person has."

Acevedo says the samples would help police find criminals and exclude innocent people. The DNA proposal would include destroying records when charges are dropped or someone is acquitted at trial, Acevedo said.

"DNA has proven to be a tool that has gone a long way in proving the innocence of wrongly convicted individuals," Acevedo said, noting the [Timothy] Cole case. "This is an opportunity to eliminate people early on."

But using the Cole case to press the issue is misleading, the ACLU says. As a felony rape suspect, Cole's DNA could have drawn under existing laws.

Well, that and the fact that as the story notes, Class B misdemeanors includes things like writing bad checks. I don't think DNA is likely to exonerate anyone from that rap.

The ACLU raises a good point, but I have a more basic objection: How much would all this extra DNA testing cost, and what's the funding mechanism for it? Postcards provides a partial answer to that:

Facing a growing controversy over a push by Texas' big-city police chiefs to greatly expand mandatory DNA tests, state Sen. Dan Patrick, R-Houston, wants to be clear: A bill he filed does not expand the tests to misdemeanor suspects.

Patrick's measure, Senate Bill 727, would only expand the current DNA-testing law to cover convicted felons who are sentenced to deferred adjudication and those who are placed on probation.

[...]

So far, the police chief's push has not made it into legislation. If it does, it would likely face an uncertain future in the current budget-cutting climate at the State Capitol.

The chief's proposal has an estimated minimum $32 million price tag.

If it's only being expanded to cover convicted felons, then it's less objectionable and presumably less expensive than the the chiefs' request. I'm still skeptical, but this is at least in the neighborhood of something I could live with. If the innocence-related bills that Sen. Rodney Ellis has filed get adopted as well, I'd consider that a reasonable compromise.

More on the safe passing bill

Bike activist and frequent commenter Peter Wang gets some press.

Bicyclist Peter Wang considers Houston traffic a tameable wilderness.

He's dodged his share of open car doors, but over the years, he's learned how to maneuver around unaccommodating drivers.

"You might be expecting me to say that drivers in Houston are awful and bicycling is unsafe," said Wang, a Bike Houston board member. "What I found is, if you're trained properly, you make your own safety to a large extent."

That's where Sen. Rodney Ellis rides in.

The Houston Democrat, also an avid cyclist, has penned a bill to protect his fellow bicyclists, along with pedestrians, motorcyclists, runners, horse riders and farmers. In Ellis' bill they are considered "vulnerable road users."

National Highway Traffic Safety Administration statistics support the descriptor. In 2007, the last year for which statistics are available, 698 cyclists were killed in the United States, 48 of them in Texas. Also that year, 4,833 motorcyclists, 375 of them in Texas, and 4,654 pedestrians were killed.

Under Ellis' bill, co-authored by state Sen. John Carona, D-Dallas, drivers would have to get out of a traffic lane used by a vulnerable road user if another is available. Motorists should pass them at a "safe distance" of more than 3 feet if the motorist is in a car or light truck. Six feet would be considered safe for heavy trucks or commercial vehicles. Seven states, including Arizona, Florida and Oklahoma have similar laws on their books, according to Ellis' office.

The bill also would require drivers making left turns at intersections to yield to bicyclists or other road users approaching in the opposite direction. Motorists also would be barred from intimidating or harassing bicyclists and pedestrians and would be prohibited from opening a vehicle door that interferes with their ride or walk.

"Everyone is affected by this bill," Wang said, "because everyone has been broken down by the side of the road before. ... No one has the right to harass you or throw things at you."

If the bill passes, violators who cause property damage would be cited with a misdemeanor and fined up to $500. If the violation results in injury, a driver could be cited for a Class B misdemeanor.

Ellis' bill is SB488, and its companion in the House is HB827. See MTBLawGirl and TexBiker.net for more info or if you want to get involved.

Another step forward for a statewide smoking ban

The statewide smoking ban proposals picked up the endorsement of the state restaurant association.

On Monday, the Texas Restaurant Association voted to support the measure - one they say would "level the playing field" for establishments across Texas.

"With 28 Texas cities and 24 states now smoke-free, it's just a win-win for that industry," said state Rep. Myra Crownover, the Denton Republican carrying the House bill to ban smoking in all the state's public places.

"What people forget is that for every one person who wants to smoke at a restaurant or bar, there are six or seven people who don't go to that establishment because they allow it."

One group unconvinced? Civil libertarians - who say it's inappropriate for the government to intrude on private property or take away personal freedoms.

They're joined by the tobacco lobby, which has contributed more than $112,000 to the campaigns of Texas lawmakers in the last two years, according to Dallas Morning News research.

"A restaurant, a bar, is private property, and you the customer have the choice of whether you go in or you don't," said Patrick Dixon, chairman of the Texas Libertarian Party. If you're a nonsmoker, "there are other places that will cater to you."

All due respect here, but if you've got to go to the chair of the Texas Libertarian Party for an anti quote, the pro position is probably in pretty good shape.

The proposed state ban, which is being championed by cyclist and cancer survivor Lance Armstrong, would outlaw smoking in bars, restaurants and all indoor public places across Texas, including offices, convention centers and bus stations. It would also ban smoking in the bleachers of outdoor sporting or music events, and anywhere within 15 feet of a doorway to a public building.

A statewide smoking ban, which failed in the 2007 legislative session, would supersede less-stringent laws in Texas cities. Smoking would still be permitted in specially marked hotel rooms, private rooms at nursing homes and outdoor patios connected to restaurants or bars.

Depending on circumstances, the patio allowance is either a deal-maker or a deal-breaker for bar and restaurant owners. Some establishments say it's the only way they'll be able to retain their smoking customers.

I've noted Armstrong's involvement before. I don't really have an opinion on the patio allowance provision. It's fine by me if there is one, but it won't break my heart if there isn't.

Gov. Rick Perry said that while he fully understands the health concerns of cigarette smoke, he likes the idea of local control and wants to find a way to walk the line that protects individual rights.

So there's still the chance of a veto, or a back-alley bill-killing, if the Governor gets a wild hair about it. But overall, the odds of this happening look good.

TSTA poll on public education

The Texas State Teachers Association released the results of its annual poll on attitudes towards public education in Texas last week. From the poll memo (PDF):

Despite a declining national and state economy, a majority of Texas voters still maintain
that too little is being spent on education. A 60% majority of voters believe the state
government is spending too little on education versus 10% who say too much and 24%
who say the right amount. This perception of under-investment is held by majorities of
Republicans, Independents and Democrats, and it is essentially unchanged from the
view held throughout our polling from 2003 through 2007.

Sixty-three percent (63%) of Texans think state funding for public schools should be
increased. By contrast, just 6% believe state funding for schools should be decreased
and 27% say it should be kept at the same level. This majority support for increasing
state spending on schools is held by 54% of Republicans, 62% of Independents, and
76% of Democrats.

Despite the economic anxiety of voters, those who support increasing the funding of
schools remains over 60%.

Furthermore, 71% of voters - with no partisan bias (Republicans 69%, Independents
71% and Democrats 76%) - believe the state legislature has more work to do to properly
fund public schools, versus 20% who say it has sufficiently addressed the issue.
Although those saying the Legislature must do more has declined from 81% two years
ago to 71% now, the current 7-to-2 sentiment remains overwhelmingly lopsided.

Emphasis in the original. Other subjects polled include standardized testing and teacher pay. You can see all the data, with graphs, in this large PDF file; there's also a video presentation. The remarkable thing is how stable the numbers have been since 2003, in all areas. Maybe this is how people have always felt, going back to the creation of the public school system, I don't know. The disconnect between what people say they want and what they've been getting is still pretty striking.

A tale of two Orlandos

Orlando Sanchez, speaking last week in a Statesman article about the statewide ambitions of Houston Mayor Bill White, who beat him soundly in the 2003 runoff:

He doesn't discount him but suggests White has gotten a free ride in his hometown.

Lately, Sanchez has questioned a lack of promised light-rail construction under White, a failure to add council seats in response to Latino population growth and White's decision not to fill a vacant council seat until a May election.

Emphasis mine. Here was Orlando back when he was running against White:

Former City Councilman Orlando Sanchez on Wednesday became the only major mayoral candidate to oppose a Nov. 4 transit referendum, claiming the rail portion of Metro's plan won't reduce traffic congestion.

Sanchez announced his position two days after City Councilman Michael Berry, who had been the only announced rail opponent among major candidates for Houston mayor, dropped his mayoral aspirations amid sagging polls to run for another council seat.

"We need a 100 percent plan, not a 1 percent solution plan," Sanchez said in a statement issued Wednesday afternoon.

The reference was to a road-oriented plan being developed by the Houston-Galveston Area Council, which it calls a 100 percent solution and which Sanchez supports.

Well, hey, at least he eventually wound up on the right side of the issue. In that article, Sanchez said he'd support rail if the referendum passed. I don't know about you, but I cannot recall a single instance since then in which he's publicly addressed the topic. Even in the two years of Sanchez's tenure as an elected official, during which time his opinion presumably would have meant something, he's had nothing to say about light rail. Admittedly, he's had nothing to say about much of anything else, either, but still. As such, I trust you'll forgive me if I don't put any stock in his criticism of Mayor White for being insufficiently pro-rail expansion.

Mardi Gras Galveston

Let the good times roll, y'all.

The annual celebration [kicked] off this weekend, with all the parades, music and fun from past years. Sixteen krewes are marching and some are putting on longer parades and more floats for the event that runs through Fat Tuesday, Feb 24.

"It's about time we had a party and had some fun again," said Allen Flores, Mardi Gras organizer.

City leaders are counting on a large crowd this year because the city needs tourist dollars to help it recover financially from the Sept. 13 storm and the ripples of a national economic crisis. Big events such as Mardi Gras, Dickens on the Strand, and the Lone Star Rally are important economic boosters for the city, which relies heavily on tourism.

[...]

John Warthan, owner of the Old Strand Emporium deli and two shops in the downtown area, said he thinks he will see some good business during Mardi Gras. A live band will play at the Emporium during the second weekend and it should help draw customers, he said.

All but four of the city's hotels are open and a majority of the seawall businesses are open, said RoShelle Gaskins, spokeswoman for the visitors bureau.

Hotel bookings are "pretty strong and close to what they were last year," said Jan Inlow, director of sales and marketing for galveston.com, the official Web site of Galveston tourism.

Awesome. They can use all the good news they can get. Anyone heading down to partake in the festivities this year?

Texas blog roundup for the week of February 16

It's time for another economically stimulating edition of the Texas Progressive Alliance's Weekly Round-Up. No filibusters allowed. Click on for the highlights.

Off the Kuff takes a look at the early possibilities for the Democratic nomination for Governor in 2010.

Vince at Capitol Annex takes a serious look at Speaker Straus' Committee Assignments.

CouldBeTrue of South Texas Chisme wants to know howpolice officers can mistake a 12-year-old black girl standing in her own yard for 3 white prostitutes?

WCNews at Eye On Williamson has noticed there's been plenty of misinformation about the the New Deal during the stimulus debate. This week was no different, Another misleading GOP talking point on the New Deal.

McBlogger takes a look at the current economic situation in light of renewed attacks on the stimulus plan. His conclusion is that you really shouldn't listen to those on the right since they don't, you know, understand what's going on or have an accurate read on historical analogues.

Are you terrorized by Barnett Shale gas well compressor noise? If so, you aren't the only one. TXsharon knows about a recent court case that might be helpful. Learn about it on Bluedaze then help us get OGAP here so we can rein in out of control drilling.

Possible KBH replacement, TX Sen. Florence Shapiro, does some political posturing with the new "MySpace bill".The Texas Cloverleaf reports.

Neil at Texas Liberal reviewed structural causes of longterm poverty. Also, Neil determined that the song running through his mind for the past 20 years was Bring Me Edelweiss. It's a song from an Austrian techno-dance group. Check out the video.

John Coby at Bay Area Houston thinks the leadership at the University of Texas is a bunch of Rotten Teasip Bastards and the Student Government leaders are a bunch of Teasip wusses.

DosCentavosopines onSenate Bill 320; a bill to require any Justice of the Peace in a county of 200,000+ to be a licensed attorney. And Stace is not happy at all about it.

jobsanger expresses his disappointment in Panhandle legislator Warren Chisum in "Chisum's Law Is Abject Failure" and celebrates Chisum's fall from his powerful chairmanship of the Appropriations Committee in "Chisum And Swinford Are Out".

Xanthippas at Three Wise Men examines the claim that groups on the left are in the pocket for the Obama administration, and have sacrificed their credibility on issues like the stimulus package.

The two front-runners for the Democratic nomination for Texas Governor in 2010 are Kinky Friedman and Tom Schieffer. Seriously. PDiddie at Brains and Eggs has the details.

BossKitty at TruthHugger is is angry at the sloppy traffic cops we call the US Strategic Command. They oversee our Space Surveillance Network tracking thousands of pieces of space junk orbiting over our heads every day. So, is this just a movie to them? Shouldn't they sound nsome kind of alarm when a collision is imminent? There is Serious Space Debris - US Command Fails Role As Traffic Cop.

WhosPlayin wonders why roadside puppy sales continue despite a new ordinance banning it in Lewisville.

Burnam files resolution to impeach Justice Keller

State Rep. Lon Burnam (D, Fort Worth) has dropped a little bomb called HR480, the text of which calls for "House of Representatives of the 81st Texas Legislature [to] adopt the following procedures to consider the impeachment of Judge Sharon Keller, Presiding Judge of the Texas Court of Criminal Appeals, for gross neglect of duty and conducting her official duties with willful disregard for human life". I've got his press release beneath the fold. I've no idea how likely this is to get anywhere - this is still a Republican-controlled legislature, so my guess is that it's highly unlikely - but I applaud the move and hope we get to have a nice thorough airing of grievances against the chief culprit of Texas' worst court. Vince has also noted this. Scott? Mark? Murray? What do y'all think about this?

Fort Worth area Rep. Lon Burnam filed a resolution to begin the impeachment process against Judge Sharron Keller, the Presiding Judge of the Texas Court of Criminal Appeals.

House Resolution 480 accuses Judge Keller of "neglect of duty" for declining to keep her office open past 5 pm to receive the final pleadings of condemned inmate, Michael Richard, on September 25, 2007.

Mr. Richards was executed that night by lethal injection. His lawyers claim that because of his low mental acuity, his execution was "cruel and unusual" based on standards set by the United States Supreme Court.

Today's filing is the latest in a series of attempts to remove Judge Keller from the bench, including letters to the State Commission on Judicial Conduct from lawmakers, attorneys and community activist calling for her removal. To date the Commission has taken no actions.

"It's one thing for a banker to close shop at five o'clock sharp," said Rep. Lon Burnam, the principal author of the resolution. "But a public official who stands between a human being and the death chamber must be held to a higher standard."

If passed the resolution calls on the House of Representatives to form a committee to investigate the Judge for "gross neglect of duty and willing disregard for human life." If the House finds cause for impeachment, a trial would then be held in the State Senate.

The State of Texas has not impeached a state judge since the 1970's when a series of judicial scandals led to ethics reforms.

On the day of the execution, the U.S. Supreme Court announced that it would rule on a case claiming the use of lethal injection unconstitutional. The announcement resulted in a de facto nationwide moratorium on execution as states waited to hear the high court's ruling. Mr. Richards was the last person executed before the moratorium.

Poll Texas

Public Policy Polling is doing a poll of a different kind - they've got an online poll up asking their readers where their next poll should be. One of the three choices is Texas - Senate and Governor - for 2010. I'm not sure who they'd match up against whom, especially for the former, but on the odd chance that they'd do a Bill White and/or John Sharp against Rick Perry or KBH for Governor, I've cast my ballot for a Texas sample. If you agree, go tell them yourself.

UPDATE: Postcards has some info about potential polling matchups.

Stardig announces in A

We now have a third official candidate in City Council District A, businesswoman Brenda Stardig, who I am told is outgoing Council Member Toni Lawrence's preferred choice. She joins Alex Wathen and Jeff Downing, who have already filed their Treasurer's reports, and possible Bert Schoelkopf in the pursuit of this seat. Her press release is beneath the fold. I haven't heard of any other new candidates lately; if you're aware of some, please leave a comment and let me know. Thanks.

Today Brenda Stardig officially began her campaign to succeed Toni Lawrence as the City Council Member representing District A.

"I am proud to announce that I am running for Houston City Council, District A! So many of people have encouraged me to seek this office now that it is open and I have decided to do this because I have the ability and desire to do an outstanding job for our community," said Stardig.

Born and raised in District A, Brenda Stardig has worked alongside old friends and new neighbors to become an influential leader in her community. She has helped people in the community, devoting time and resources to improving west Houston. Her compassion is shown through her actions. Brenda is a past president of one of the City of Houston's Super Neighborhoods, she has organized numerous crime fighting initiatives, and as a Spring Branch Education Foundation member, she has strived to enhance public education. Brenda doesn't rest. She currently serves as a director on the boards for government entities and medical corporations. Brenda has received praise for her tireless efforts, including the Keep Houston Beautiful Mayor's Award Certificate of Recognition Winner and the award for Leadership Excellence in Neighborhood Development from Bank of America.

In addition to being a community leader, Brenda is an accomplished businesswoman. She worked in the financial industry for 20 years prior to her successful transition to real estate. Brenda is a multi-million dollar producer who is trusted throughout the industry and is known for doing the right thing for her clients. She also offers her expertise as a member of three different real estate associations. Brenda has dedicated her life to expanding opportunities for others and preserving a quality of life for the people of District A. She has never forgotten where she came from - or the faith and dedication that drives her. Her accomplishments include:

• Real Estate Broker


• Spring Branch Education Foundation Board Member


• Spring Branch Medical Center Board Member and Institutional Review Board Past Member


• City of Houston TIRZ 17 Redevelopment Authority (also known as Memorial City Redevelopment Authority ) Board Member


• Spearheaded more than 6 Crime Stoppers Initiatives


• Houston West Chamber of Commerce Past Board Member


• Bank of America LEND (Leadership Excellence in Neighborhood Development) Award Recipient


• City of Houston District A Apartment Taskforce Member


• Houston Police Department Northwest Division Positive Interaction Program Volunteer of the Year


• City of Houston Past Super Neighborhood President


• Served on two City of Houston Planning Commission Subcommittees


• Shadow Oaks Civic Association (serving ~1000 homes) Past President


• Spring Branch Independent School District Good Neighbor Award Recipient


• Spring Branch Education Foundation Crystal Awards Committee member


• Houston Association of Realtors Member


• Texas Association of Realtors Member


• National Association of Realtors Member


• Served in past as Houston Association of Realtors Political Affairs Advisory Committee Member


• Northwest Lion's Club Member


• Northwest Lion's Club Mission of Yahweh Christmas Party Chair

Some action on the rail construction front

Finally.

After two years of negotiations with two firms, the Metropolitan Transit Authority may be close to reaching a deal with a contractor to build and operate its next four light rail lines.

"We're in final negotiations," said George Smalley, a Metro spokesman. "In a negotiation, though, you never know until it's really over."

The pending breakthrough with Parsons Transportation Group comes three years before Metro has said all five of its additional rail lines will be complete. The fifth rail line, the University line, remains in preliminary stages of development; another agreement will have to reached on that line.

Despite the tight time frame for the new lines, Metro officials say they are sticking to the 2012 target date.

[...]

Metro leaders remain confident that the five lines, which total 30 miles, can be completed on schedule.

"We're still set on that path," Smalley said, "but it doesn't mean it's going to be easy."

I'm glad he's confident, but honestly, I don't see how it's possible. Maybe we can get the North, Southeast, and Harrisburg lines done by then, assuming overpass issue doesn't turn into a lawsuit. Even if we assume that there's no further litigation coming for the Universities line - not a bet I'd be willing to make - who knows how long it will be before they hammer out an agreement for that line, which will be the longest and most care-intensive line to build. And the Uptown line is a non-starter until we're sure the U-line is going forward. Frankly, I'll be happy if all five lines are done by 2014.

But hey, whatever the case, I'm just thrilled to see this next step get taken. It's way past time for it to happen. Now if we can start talking about where we go from here as well, I'll be ecstatic.

Tough times for local governments

It's gonna be a bad year.

They're not feeling the economic storm quite yet, but local governments across the Houston region are hunkering down anyway. Some have frozen hiring, others have stopped filling potholes. Planned purchases of police cars, golf course mowers, Tasers and sewage equipment have been halted.

The caution infecting budget offices is universal, whether down south, where Galveston County is anticipating shrinking its budget by $5 million, or up north, where Montgomery County continues to rake in the tax dollars from growth. All are playing it safe, waiting for property reassessments and 2009 sales tax figures to come in before making any major decisions.

"We need to be watching every dollar that we spend," said Cheryl Hunter, Texas City's director of finance. The recession may have come to Southeast Texas late, but it has come. Public finance officers fear a future double-punch: lower tax revenues from a slower economy, combined with Hurricane Ike's destructive effect on tax rolls in coastal towns, counties, and school districts. After years of growth and decreasing tax rates, budget officers now just want to hold on.

Texas City lowered tax rates for two years, but probably will not this year. The overall budget will stay flat. On hold: a $1 million renovation of the Texas City Museum, and a $5 million expansion of Moore Memorial Library.

Baytown, Freeport, Sugar Land, Katy and Metro already have declared hiring freezes. In Pearland, there is no official freeze, but officials have postponed filling 10 positions - four of them police officers.

"So far, from the recession we're not seeing any (revenue) impacts yet," said Pearland's finance director, Claire Bogard. Rebuilding after Ike even gave sales taxes a boost, as did the opening of two new retail centers in Pearland. Nevertheless, Bogard ordered department heads to identify ways to trim 6 percent from the next budget, just in case.

Guess that means Bill King won't be running for office in any of those places, either. All I can say is that I hope none of these local officials are counting on any help from Rick Perry. If he thinks the feds shouldn't be helping state governments make ends meet, he's unlikely to think any differently about the state helping the cities and counties. At least there's a chance that the Lege could bypass him and share the largess, such as it may be.

Please listen to Hank

I'm not sure which depresses me more - that Hank Aaron feels the need to remind everyone that Barry Bonds is the home run king (and that Hank himself is just fine with that), or that there's a bunch of idiots like this one who don't care and want to commit violence to the record books anyway in order to satisfy their perverse sense of justice or something. The fact that one of these people is MLB Commissioner Beelzebud Selig, who of course bears no responsibility whatsoever for the whole steroids thing, just makes it that much worse. I don't even know what to say about this stuff any more. Between the hysteria over steroids and the annual ignorance-fest known as the Hall of Fame voting, it seems like the only way I can continue to enjoy the game of baseball is to strictly limit my exposure to what's spoken and written about it. If you'll excuse me, I'm going to go bang my head against a wall.

Microbrewers to try again

May they have better luck this time around.

A bill has been introduced in the 81st Texas Legislature to allow microbrewers to sell their product on the premises of the brewery. Such sales are currently allowed for winemakers, but not beer producers. A similar bill was filed in the 80th Lege two years ago, but it died in committee.

The bills in question are SB754, filed by Sen. Wendy Davis, and HB1062 by Rep. Lon Burnam, both Democrats from Fort Worth. As before, this will be a tough sell, because the beer distributors lobby is powerful. They will spend a lot of money to protect the very un-free market that currently exists in Texas and benefits them. If you think that's a bad thing, and would like to be able to bring home a sixpack of Saint Arnold's when you take a tour of the brewery, the best thing you can do is write a letter or place a phone call to your Rep and your Senator and tell them so. A show of public support can go a long way.

RIP, Terry Hayes

Terry Hayes, an employee of the Houston Chronicle who wrote an award-winning blog that detailed her fight against terminal cancer, has died at the age of 42.

Hayes spent five years as one of the newspaper's essential support staffers, handling unseen but critical behind-the-scenes tasks, deflecting and distributing calls and complaints, and encouraging -- on occasion, demanding -- that co-workers live up to her fierce sense of duty and hard work.

"Terry was the voice of the sports department, the first point of contact for readers who called to complain or compliment, and the liaison between the department and the teams we covered," said Carlton Thompson, the Chronicle's sports editor.

"Terry's loss will be felt not only by those of us who had the pleasure to work with her, but also by the many who knew her only as the caring voice on the other end of the line."

In April 2006, she was diagnosed with terminal colon cancer and was told she had about two years to live. Ten months later, she began "blogging the adventure" as CancerDiva, a name that she said reflected the "mix of darkness and light" that accompanied her battle for survival.

For the next several months, CancerDiva offered readers her thoughts on topics ranging from European travel to the painful tedium of chemotherapy to thoughts about death to the adventures of her beloved cat, Sasha. She was cited as the state's best newspaper blogger in 2008 by the Texas Associated Press Managing Editors Association.

"She was hesitant at first about blogging, but she wanted so much to share her experience with others," said Scott Clark, Chron.com's editor. "She not only became a good writer but one who touched the lives of hundreds of people who followed her posts - and her struggle."

You can read the CancerDiva blog here. She was truly a remarkable person. My sincere condolences to her family and friends. Rest in peace, Terry Hayes.

UPDATE: The Bloggess eulogizes her friend.

Weekend link dump for February 15

Just a few links to chew on while you're polishing off that Valentine's Day box of chocolates...

Road-kill cleanup not all glamour for Comal's 'Undertaker'. Quick, get Mike Rowe on the phone. And I guess those aren't such good links to start off with if you're snarfing chocolate. Sorry about that.

Confessions of a She-Fan.

Interesting podcast on computer literacy in America.

Have I mentioned that sometimes, you just shouldn't be doing it in the Facebook, with the Twittering? Yes, I believe I have. Some lessons just need to be learned the hard way, I guess.

And still more Twitter fail. I will say, you do have to admire the ability to find new and creative ways to get it wrong.

Braaaaains. Stewed brains, actually. And opossum and potatoes.

25 Really Unromantic Album Covers.

Apparently, not everyone believes that woman who says she swam across the Atlantic.

Draft Stormy!

I've often said that this is the logical conclusion to the last forty or so years of Republican campaigning. I'm just glad to see it out in the open now.

Twanger management.

The doctor who sparked the scare over the safety of the MMR vaccine for children changed and misreported results in his research, creating the appearance of a possible link with autism.

Forget Snuggies, this thing RAWKS! Thanks (I think) to Michael for the link.

The no stats all star.

Apparently, the sky really is falling

See here and here. If you'll excuse me, I'm going to duck and cover. Let us all hope that this isn't a prelude to this:

Look to the sky!

Multiways

Andrew continues the ongoing discussion of transit options in Houston with a look at multiway boulevards.

Basically, a multiway is an urban thoroughfare combining express through lanes in the middle with local access lanes on the sides. These local lanes are where the real magic is, they provide parking and a space for pedestrians and cyclists that is separated from the rush of traffic in the middle. They also help keep the main lanes flowing by keeping them clear of turning movements.

It's a long post, with illustrations, so click over and read. I think this is in general a good idea, and while there apparently aren't any such plans on the H-GAC drawing boards right now, I know they have been discussed before - the 100 Percent Plan from 2003 included, among other things, a call to convert roads like SH6 and FM1960 into Allen Parkway-like "super streets". While I think that has merit, it's not clear to me if there would really be the room to convert, say, Kirby Drive to this format. Cost is a big factor as well - the entire 100 Percent Plan had a massive $21 billion price tag on it back then, but I have no idea how much of that was for just this kind of project. Still, those same things could be said about any suggestions for new light rail routes, so let's just put that aside and consider it at a conceptual level. Check it out.

A peek inside Astrodome Studios

So we know that one of the ideas for what to do with the Astrodome is to convert it to a movie studio. But what might that look like? Swamplot has a sneak peek. We may be hearing more about this in the next month or so. Check it out.

UPDATE: 'stina has more.

Movie night of the future

So I was reading this FireDogLake post that used the movie "The Wizard of Oz" as a metaphor for the changing of the guard in Washington, DC, and it got me to thinking about how I can't wait till my girls are old enough for that movie so I can watch it with them. I remember how much I looked forward to that film's annual airing on TV, back in the Stone Age days when that was our only option for viewing a favorite movie. Anyway, based on the warm fuzzy feelings I got from that spate of nostalgia, here's a list of the Top Ten movies I'm looking forward to watching with Olivia and Audrey some day:

1. The Wizard of Oz. - I just hope the flying monkeys don't freak them out as much as they did me.

2. Miracle on 34th Street - The original, of course. I love me some "It's A Wonderful Life", but this one is my favorite Christmas movie of them all.

3. A Christmas Story - And this is the first runnerup behind "Miracle".

4. Star Wars - I wonder if they'll love Han Solo as much as Tiffany does.

5. The Princess Bride - Some of these movies are here just to ensure they get the references I make to them. Well, that and the fact that they're great movies.

6. Better Off Dead - This one will have to wait a little longer, but that's okay.

7. Snow White - I could pick just about any classic Disney animated movie here (other than "Bambi", which is a movie I do not want them to watch any time soon), but we'll start with this one.

8. The Sound of Music - Yeah, I like musicals. Deal with it.

9. It's A Mad, Mad, Mad, Mad World - We recently watched the episode of "The Muppet Show" that had Ethel Merman as the guest star. She stole every scene she played in this movie, no mean feat given the vast amount of star power it contained.

10. The Harry Potter movies - And the accompanying books will be on the list of books I can't wait to read with the girls, along with "The Wonderful Wizard of Oz". But that's a list for another day.

So. What movies have you enjoyed/do you plan to enjoy with your kids? Let me know.

Brown's announcement coming

From the Peter Brown campaign.

At-Large City Council Member Peter Brown will formally announce his candidacy for Mayor of Houston

Thursday, February 26, 2009
11:30AM
Program starts at noon.

Houston Garden Center
( across from Miller Theatre, next to the Natural Science Museum)
1500 Hermann Drive
Houston, TX 77004

Parking available in front.
Light lunch will be served.

For questions, please contact our office at 713.528.0049 or
Info@PeterBrownForHouston.com

Also noted by Houston Politics. I assume that once this happens, we will start to see some more formal interest in his Council seat. The only potential candidate of which I am aware is Sue Schecter. Bill King and Roy Morales had once been thought to be interested in that seat, but King has taken his ball and gone home, while Morales is running for Mayor, at least at this time. Perhaps a candidate will emerge from today's Latino Summit, for which Peter Brown is one of the sponsors.

Red light camera watch: League City

Ready or not, here they come.

League City council members gave the green light Tuesday to red light cameras at five intersections throughout the city.

The cameras will capture drivers who run red lights at intersections at:

• FM 518 and Marina Bay Drive;
• Egret Bay at FM 518;
• Egret Bay at League City Parkway East;
• West Main at Gulf Freeway (highest rate of red light runners); and
• State Highway 3 at FM 518.

More than 600 accidents happened at those intersections from October 2005 to January 2009, according to a report by Police Chief Michael Jez.

Motorists caught running red lights will be issued a $75 ticket that will not count against their driving record, Jez said.

"I think we're at a point where we have no other choice in this city but to use every tool in our arsenal to address traffic congestion," he said.

Like them or not, these things aren't going to go away.

OneSpot

It's always good when you see a story like this about a friend.

Venture capital investing has taken a nosedive, but deals are still getting done: Two Austin Internet startups will announce deals today totaling $7.5 million.

OneSpot, which has created a Web content aggregation service, has raised $4.5 million from Dallas-based Silver Creek Ventures, and 7 Billion People Inc., a Web analytics company, has received $3 million from SmithCo Investments of Austin.

[...]

Venture investing in Austin companies fell to $57.1 million in the fourth quarter, a 31 percent decline from the same quarter a year ago. Venture funding in Austin companies fell 48 percent for the year to $340.2 million, which was invested in 64 deals. That compares with $658.8 million put into 79 deals in 2007.

The 2008 figures were the lowest since 1998.

But for startups able to raise money, "an economic downturn can be a great time to build a company," OneSpot CEO Matt Cohen said.

"It's a fantastic opportunity, because your traditional big competitors aren't innovating, they're just trying to get by," he said. "That gives you a chance to get in and change the game."

Cohen founded OneSpot in 2005 after five years as an adviser and partner at Austin-based venture capital firm G-51 Capital. Before that, he spent a decade working in digital media, including launching the Houston Chronicle's Web site.

OneSpot's service provides Web publishers with links to fresh content that they can publish on their sites. It works by constantly monitoring hundreds of thousands of Web sites and delivering the most relevant content, which publishers use to supplement their own material.

OneSpot's flagship customer is The Wall Street Journal, which uses the service to find and link to stories on subjects including law and technology.

"Traditional content businesses are under a lot of pressure, and part of that is to do more with less," Cohen said. "OneSpot allows them to be much more efficient with their resources and offer more content to their readers."

OneSpot also has customers in other industries. Semiconductor services company Smith & Associates uses OneSpot to find content related to the electronics industry. Smith & Associates distributes the Web links to its customers by e-mail.

OneSpot, which has 10 employees, will use its new money from Silver Creek to expand sales and marketing, and is hiring across the board, Cohen said.

Matt was one of the first people I met when I moved to Houston in 1988. He and I were roommates for seven years. What's the point of having a blog if you can't give an old buddy a pat on the back? Way to go, Matt!

Friday random ten: Beginning to see the light

I'm not sure what motivated me to make a Genius list out of the Bobby Darin version of "I'm Beginning To See The Light" - I have two other versions of this song as well - because my experience with Genius has mostly been that if a song is clearly identified with a certain genre - in this case, jazz - the resulting playlist will be nothing but songs of that genre. I'm pleased to note that this one was broader than that. Who knows, maybe Genius is learning. In any event, here's the list, first as presented:

1. I'm Beginning To See The Light - Bobby Darin
2. Minnie The Moocher - Big Bad Voodoo Daddy
3. See You Later Alligator - Bill Haley and the Comets
4. Something So Right - Paul Simon
5. Sail Away - Randy Newman
6. To Make You Feel My Love - Billy Joel
7. Pop Singer - John Mellencamp
8. Road Runner - Bo Diddley
9. Stand Tall - Burton Cummings
10. I Knew The Bride - Dave Edmunds

And as played:

1. I'm Beginning To See The Light - Bobby Darin
2. A Heart in New York - Art Garfunkel
3. Stray Cat Strut - Stray Cats
4. Fire - Bruce Springsteen
5. Rene and Georgette Magritte, With Their Dog, After the War - Paul Simon
6. Walking Man - James Taylor
7. Spiders and Snakes - Jim Stafford
8. Your Racist Friend - They Might Be Giants
9. Sail Away - Randy Newman
10. Here Comes The Snake - Cherry Poppin' Daddies

Clearly, the lesson we take from this is that 70s music goes with just about everything. What are you listening to this week?

More on the city council redistricting lawsuit

Here's today's version of the story, which adds a little more detail to yesterday's.

Population consultants and planning officials have said that redistricting now would require the city to rely on 2000 census data outlining population figures in voting precincts. Although the city has done that before, officials said, updated population figures showed those efforts to have been flawed.

Redistricting now, he said, could lead the city to violate the Voting Rights Act by potentially undercounting minorities through the use of outdated census data.

"I support the Voting Rights Act," [Mayor Bill] White said. "We think the most important step to make sure there is fair representation of all citizens is to have maximum participation in the 2010 census."

{Plaintiffs Vidal] Martinez and [Carroll] Robinson said the city has several options for getting the most accurate population information, including using data from the census and demographic specialists.

"It's a sad day when it takes a group of private lawyers to have to ask the Justice Department and the courts to do what the city is legally and morally obligated to do," Robinson said.

He and Martinez said they felt goaded into action as the council prepared to vote next week on a measure that ostensibly declares the population for voting purposes to be around 1.95 million, and the council districts to be evenly divided according to population.

That's a "comical farce," Martinez said.

Council members have admitted as much during open meetings, questioning whether their votes on the matter would ratify a misleading stance.

[Annise] Parker, the city controller, is a candidate for mayor and has declared her support for redistricting now. She said Thursday that the city has staked out an "inconsistent" position on its population.

In budget-related decisions, she said, the council already has cast votes asserting a higher population, and she has used a 2.2 million population figure in bond-related documents, as well.

I'm going to guess that the other candidates for Mayor will share Parker's position on this, if for no better reason than I'm sure they'd all prefer to have this matter dealt with, or at least largely out of their hands, before taking office. Who wouldn't want to avoid dealing with it, especially right out of the gate?

As I've said before, given that we put this off till now I think it's reasonable to wait till the 2010 Census numbers are in before tackling this task. But given that we shouldn't have put this off in the first place, I also think it's reasonable to force the issue now. My main concern right now is the disposition of the District H special election. I don't want it to be delayed by this lawsuit. I have no idea what a timeline is likely to be for any court decisions that would affect it, however. I've got a copy of the lawsuit here (rich-text format document, thanks to Miya for the link). Can any lawyers out there give me an opinion as to how this may play out? I'm not looking for a guess on how it will be decided, just on how long you think it might take to get to some kind of resolution, and whether or not the May and/or November elections are in doubt. Thanks.

UPDATE: On a tangential note, I just got an email announcing Lupe Garcia's official entry into the District H race. His press release is beneath the fold.

Guadalupe "Lupe" Garcia has formally announced his candidacy for the City Council vacancy caused by Adrian Garcia's election as sheriff that will be held on May 9th.

Lupe Garcia has been a good neighbor to District H nearly all is life. Garcia was raised in the Heights, has been a small businessman in District H for over 12 years, and has resided in Lindale Park with his family since 1996.

"As a child growing in the Heights, I have seen the community undergo a great transformation - I believe District H really has turned into one of the most diverse parts of our great city," stated Garcia. "Our country and city is faced with tough economic times and when times are tough people get desperate - crime is on the rise and the people in District H are very concerned," Garcia said, "We need to improve public safety and our neighborhoods through community involvement and efficient use of resources."

"I was honored to be asked by friends and family to run for the vacated spot on City Council," stated Garcia, "I was hesitant at first because I am NOT a politician but I have been encouraged by so many people from District H who feel that I can be their voice that I really feel that we can win this special election - I want to thank everyone for their support!!"

Garcia helped his family put his younger brother, Oscar Garcia, 1998 class valedictorian for University of Houston Downtown, through college and is known for being a good neighbor and a person who can be counted on in times of trouble. Garcia and his wife have cared for troubled youth in the district and taken them in off the streets during hard times.

Please contact the campaign at Garcia4council@gmail.com or visit our homepage www.GarciaforCityCouncil.com to sign-up to volunteer and receive campaign updates, and, of course, make a financial contribution.

The District H Special Election to fill Sheriff Adrian Garcia's vacated seat is set for May 9, 2009.

So much for the Fort Bend-Medical Center shuttle

Well, that didn't last long.

After just six months, the Texas Medical Center has pulled the plug on subsidized express bus service to and from Fort Bend County.

Fort Bend County Commissioners Court members approved an agreement with the Houston medical center in July, which was touted as a way to provide cheap transportation to some of the 14,000 medical center employees in the county.

On Tuesday, court members accepted a termination notice from the medical center, canceling the agreement.

"The use of the service is not what they had projected it was going to be," said Fort Bend County Transit Director Paulette Shelton.

In July, Texas Medical Center Senior Vice President Joyce Camp said about 14,000 people in the Fort Bend area work at institutions in the medical center, with about 8,300 living in zip codes abutting bus routes originating in Katy and Sugar Land.

Before Tuesday's meeting, Shelton said about 100 people were riding the buses from Fort Bend County to the medical center each morning, and about the same number were riding back after work.

Precinct 4 Commissioner James Patterson said the medical center was expecting 450 riders.

"Let's face it, when gas was $4 a gallon a lot of people signed up," he added. "When gas went down to $1.40 a gallon, a lot of people dropped out."

Link via Hair Balls, which noted that there were a few glitches at first, but it still seemed promising. I don't know if the concerns about being stranded during the day if an emergency arose dampened demand, or if people just preferred driving, but whatever the reason it's not terribly encouraging for future rail prospects. I hope some kind of after-action review of customer experiences is performed, so that a potential future successor can learn from this.

District Clerk update

Nice article in Texas Lawyer about what's been going on in the Harris County District Clerk's office under Loren Jackson.

Lawyers handling civil suits in Harris County district courts will soon have fewer excuses for missing a court hearing.

On Jan. 17, the Harris County District Clerk's Office began testing an automated docketing feature that sends an e-mail to lawyers each weekend with a listing of all of their court hearings for the next week. By clicking on links in the e-mail, the lawyers have online access to docket information and all of the documents filed in the suit, which can help them prepare at home for their hearings.

The new automated docketing feature is one of several online-access additions the clerk's office plans to launch in May or June. Significantly, District Clerk Loren Jackson says, the office also plans to offer searchable online access to criminal cases, including links to some documents such as indictments and judgments.

Jackson, a Democrat who defeated Republican Theresa Chang in the November 2008 election, says he's doing his best to fulfill a campaign pledge to use technology to save people a trip to the courthouse.

"I want to make those records accessible. I feel very strongly about that," says Jackson, who was a trial lawyer at McLeod, Alexander, Powel & Apffel in Houston before he was elected as district clerk. "That's the reason I ran."

Jackson, who was sworn in on Nov. 18, 2008, says his information technology department started testing the automated docketing feature a few weeks ago with a group of about 15 to 18 lawyers who mostly do civil work. The response from most of the lawyers in the test group has been favorable, he says.

"It's fantastic, it's innovative and it's going to be an asset to every lawyer who has business in Harris County," says Randall Sorrels, a partner in Abraham, Watkins, Nichols, Sorrels & Friend who is one of the lawyers in the test group.

Sorrels says that after he received his e-mail on a recent Saturday, he saw what he had coming up on Monday, and read the court documents from home.

"I was able to go into the office and put my hand on the documents in the file quicker because I knew exactly what I was looking for," Sorrels says.

Sounds good to me. There's more at the link, so check it out. Thanks to David Ortez for the link.

On rudeness

John has a thoughtful post on the nature of rudeness and how he's recently learned to deal with it. It's good stuff, especially the bit on driving behavior. Check it out.

Committee assignment reactions

Rather than update the earlier post, I thought I'd do a new one rounding up various reactions to the committee assignments in the House.

Matt says the Republican "Gang of 11" won big, but Democrats got little respect.

Phillip is somewhat more sanguine. He did a ton of number crunching and other analysis, and deserves more than a one-line summary, so go read what he wrote.

Grits sees some good things for criminal justice bills.

EoW sees good things for WilCo's freshman Rep. Diana Maldonado.

Vince thinks the Dems got rolled.

Greg is happy for his Rep., Scott Hochberg.

Equality Texas is encouraged by the Speaker's appointments.

Finally, via the Texas AFL-CIO email list, Ed Sills says Straus "appears to have done a good job of balancing an intricate web of considerations in appointing House committees", but he takes a look at one particular committee and sees trouble:

Judiciary & Civil Jurisprudence - Todd Hunter, R-Corpus Christi, chair; Bryan Hughes, R-Mineola, vice chair; Dan Branch; Will Hartnett; Bryan Hughes; David Leibowitz; Roberto Alonzo; Jim Jackson; Tryon Lewis; Jerry Madden; Armando Martinez; and Beverly Woolley. Panel is the so-called "tort reform" movement's ultimate dream. Hunter returns after long absence from House to chairmanship after tort reformers funded his campaign to unseat former Rep. Juan Garcia. Unbalanced 8-3 Republican makeup recalls days when Joe Nixon took dictation from anti-lawsuit crowd at Capitol. Panel consolidates two prior committees into powerhouse that would consider both civil justice and judicial selection. Something nasty could be brewing here.

Yet another thing to keep an eye on. What's your reaction to the committee assignments?

UPDATE: And Burka weighs in, with his take on who won and who lost.

UPDATE: The TLCV gives its scorecard numbers for members of relevant committees.

UPDATE: Banjo asks if his Rep., Dennis Bonnen, is a winner or loser.

Lawsuit filed to force city to redistrict

Former City Council Member Carroll Robinson, who has been a strong proponent for redistricting City Council boundaries and drawing two new districts now rather than waiting till 2011, has said that the city should not fear any litigation that might result from such an action. Clearly, Robinson himself does not fear it.

Community activists have filed a lawsuit alleging the City of Houston has violated the Voting Rights Act by putting off the redistricting of city council boundaries as required by its own charter and a decades-old court settlement.

The lawsuit, which seeks to force the city to begin redrawing voting boundaries, could have far-reaching implications, including delaying an upcoming special election to fill the council seat vacated by Sheriff Adrian Garcia and, possibly, even the November elections, plaintiffs claim.

Mayor Bill White, all 13 council members and City Controller Annise Parker are named as co-defendants in the suit, which was filed in federal court today.

[...]

The city's failure to take that action has galvanized minority leaders, who see the creation of new seats as a chance to increase the number of minorities on City Council.

"The result of that breach is lack of representation at City Hall by a significant portion of the community," said Vidal Martinez, a former Port of Houston Authority commissioner who is litigating the suit with former city councilman Carroll Robinson.

"The need for leadership to protect the voting rights of Houstonians is why we have acted today to seek the help of the U.S. Justice Department and the federal court to make sure that the city charter is complied with," Robinson said.

In a city made up of 41.7 percent Hispanics, 24.3 percent African-Americans and 5.3 percent Asian-Americans, according to the U.S. Census, there is one Latino council member, four African-Americans and one Asian-American.

The irony, of course, is that if the plaintiffs get what they want, the delay of the special election in District H will mean there will continue to be only one Hispanic on Council for however much longer. I guess they believe that the short-term loss is worth the long-term gain. Speaking as a resident of District H, I can't say I'm terribly happy about this.

I just can't excuse the decision to not take action in 2006, which would have settled all of this by now. Given that we put things off then, it makes sense to say we should wait till 2011 now. In a vacuum, I'd totally agree with that. But we could have headed this off, and we chose not to. I don't see how the path we didn't take could have been any messier than the one we appear to be about to take.

House committee assignments are out

At long last, we know who'll be working on what in the House. The full list is here (PDF); a list of chairs only is beneath the fold. Evan notes that Dems got 16 of 18 chairs. The main concern of course has been with Voter ID. I would have preferred a Democratic chair, or a Republican chair with a Democratic majority, but what we got was a 5-4 GOP split with the generally non-crazy but still partisan Todd Smith as chair and an all-ideologue supporting cast: Betty Brown, Linda Harper Brown, Dennis Bonnen, and Dwayne Bohac. The Dems on the committee - Vice Chair Aaron Pena, Alma Allen, Rafael Anchia, and Joe Heflin - will have some work to do to keep anything onerous from escaping.

(I should note at this point that even with the shenanigans in the Senate, there are still things that can be done in that chamber to keep a voter ID bill from passing. And if there's a compromise along the lines of same day voter registration plus an aggressively-pushed free ID distribution program, I might be able to live with that. Needless to say, this will be a highly visible issue.)

Beyond that, I'd have preferred an urban rep or two as the leaders of the Environmental Regs committee, but at least the seniority appointments are good, with Lon Burnam, Jessica Farrar, and Jim Dunnam. Marc Veasey was a good choice as well. For everything else, we'll just have to see how it plays out. I still think we're way better off now than we'd have been with another term of Tom Craddick. BOR has more.

And on a moderately related side note, you can follow Speaker Straus on Twitter. Hopefully, he'll have a better idea of when not to use it than some other Republicans have had. Thanks to Elise for the link.

List of committee chairs:

Agriculture & Livestock - Yvonne Gonzalez Toureilles

Appropriations - Jim Pitts

Border & International Affairs - Veronica Gonzales

Business & Industry - Joe Deshotel

Calendars - Brian McCall

Corrections - Jim McReynolds

County Affairs - Garnet Coleman

Criminal Jurisprudence - Pete Gallego

Culture, Recreation & Tourism - Mark Homer

Defense & Veterans Affairs - Frank Corte

Elections - Todd Smith

Energy Resources - Jim Keffer

Environmental Regulation - Byron Cook

General Investigation & Ethics - Chuck Hopson

Higher Education - Dan Branch

House Administration - Charlie Geren

Human Services - Patrick Rose

Insurance - John Smithee

Judiciary & Civil Jurisprudence - Todd Hunter

Land & Resource Management - Dennis Bonnen

Licensing & Adminstrative Procedures - Ed Kuempel

Local Consent & Calendars - Senfronia Thompson

Natural Resources - Allan Ritter

Pensions Investments & Financial Services - Vicki Truitt

Public Education - Rob Eissler

Public Health - Lois Kolkhorst

Public Safety - Tommy Merritt

Redistricting - Delwin Jones

Rules & Resolutions - Ruth Jones McClendon

State Affairs - Burt Solomons

Technology, Economic Development & Workforce - Mark Strama

Transportation - Joe Pickett

Urban Affairs - Yvonne Davis

Ways & Means - Rene Oliveira

More on Schieffer

Still not sure what I think about potential Democratic gubernatorial candidate Tom Schieffer, but at least as long as he's out there at least there will be someone who can provide some counterweight to the Rick 'N' Kay Show.

Although Schieffer, 61, served under Republican President George W. Bush -- with whom he worked as general manager of the Texas Rangers -- he says there should be no confusion about his political affiliation.

"I am a Democrat," said Schieffer, who voted for Barack Obama in the primary and general elections.

Schieffer, the younger brother of CBS newsman Bob Schieffer, was ambassador to Japan for four years, and before that, to Australia for four years. He says he is thinking that he has something to offer in the seemingly already crowded gubernatorial race. His diplomatic career ended Jan. 20 as Bush left office.

"I'm not sure the level of debate in the state is where it ought to be," Schieffer said.

As for the sniping in the Republican primary race between Gov. Rick Perry and Sen. Kay Bailey Hutchison, Schieffer said, "I think it's about to go down a petty, mean and nasty road."

You don't say.

A rivalry almost 20 years in the making between Gov. Rick Perry and U.S. Sen. Kay Bailey Hutchison erupted in open acrimony Monday as she accused him of playing politics to embarrass one of her supporters while he all but accused her of shirking her duties in the nation's capital.

The verbal snipes exposed a growing bitterness between Perry and Hutchison as she prepares to challenge his re-election in next year's gubernatorial primary.

When my daughters act like this, we put them in timeout. Sadly, that option doesn't exist here.

Back to the original story:

Schieffer calls himself a moderate Democrat with ideas about how to make Texas competitive.

"We've got some substantive challenges in Texas, and we've got to deal with them in a substantive way," he said.

From the outside, Schieffer said, the image of Texas is still drawn from the TV show Dallas and that the Lone Star State is not preparing the next generation to compete in a global economy.

"Kids in Texas in the first grade are competing with kids in India and China," he said. "I'm not sure we're preparing them for it."

Asked about Perry, Schieffer said, "If you had better leadership, you'd have better perception."

"People want to respond to a thoughtful government figure," he said. "I don't know that I'm that candidate. There's a constituency for that kind of candidate."

Schieffer met with friends and colleagues during his driving tour of Texas with his wife, and many encouraged him to run.

"People believe there is an opportunity for a moderate Democrat to be elected," he said.

I'd rather have a more progressive Democrat, but beggars and choosers and all that. Schieffer has a lot of baggage to deal with - the Bush thing, the "who the heck is this old white guy?" thing, his own legislative record (thanks, Evan) - but the more he's out there criticizing our two squabblers in chief and looking good by comparison, the farther he'll get with that.

And hey, it's not like we're up to our clavicles in better options at this point.

Humorist and author Kinky Friedman may run for Texas governor again, but if he does, he says he's serious this time.

First, he'd run with the help of a major party -- the Democrats -- instead of launching an independent campaign like he did in 2006.

Friedman told the Associated Press on Tuesday he learned some hard lessons from his fourth-place defeat to Republican Rick Perry in a race with three political veterans. He said he found out he couldn't win as an independent and that he shouldn't crack so many jokes.

"I'm toning down the one-liners a bit. If I run, it's going to be a serious run," said Friedman, peppering the interview with one-liners.

[...]

He said he's been a Democrat all his life -- though "not the kind of Democrat that goose-steps to the polling box" -- and that he likes the direction the state party is taking.

Democrats can win the state's highest office if they pull in what he calls grass-roots voters and small-town Texans, Friedman said. He considers rural support one of his strengths.

"I certainly like the way the Democratic Party is moving in Texas. I think the past four years it's kind of transformed itself into a more populist ... it's in a populist direction. In other words, I think they're moving toward Barbara Jordan and Ann Richards and (commentator) Molly Ivins... That kind of thing," he said.

Yeah, a Democrat all his life, except for the whole 2006 election thing and his votes for Republicans - in his defense, at least he bothered to vote that year. Anything you can say against Tom Schieffer, you can say at least as much against Kinky Friedman as well, that's all I'm saying.

Yet there may be a brighter light at the end of all this. Again back to the Star-Telegram story:

So far, no Democrats have announced that they are seeking the nomination, although [Democratic strategist Matt] Angle said that several, including state Sen. Leticia Van de Putte, D-San Antonio, are considering it.

Sen. Van de Putte would be an exciting candidate, one about whom there'd be little griping among the faithful. She's previously been mentioned as a potential Senate candidate; good to know at least one such Democrat has a broader view of the situation. She also had a bit more than $300K cash on hand as of January, and ought to be in a decent position to raise what she'd need to compete. All of a sudden, I'm feeling a little better about the top of the ticket next year. Amazing what some hope can do, isn't it?

Strip club fee back in court

You may recall that in the last legislative session, a bill (HB1751) was passed that imposed a $5 per customer fee on strip clubs, with the revenue going to a sex assault prevention fund, among other things. That fee was ruled unconstitutional by a Travis County judge in March. Now everyone involved is back in court for the first round of appeals.

In arguments before the state Third Court of Appeals, Texas Solicitor General James Ho said the government should be allowed to collect the fee in part because it can already regulate nude dancing as well as sales of alcohol.

The law specifically applies to strip clubs that sell alcohol. By putting those two elements together, "a small and modest fee should be permissible," said Ho, the top appeals attorney for state Attorney General Greg Abbott.

The fee is not a tax on constitutionally protected free speech, Ho said.

"Remove the alcohol, remove the fee," he said.

The Texas Entertainment Association, which represents strip clubs across the state, strenuously disagreed.

"It is a tax on speech," said the group's lawyer, Craig Enoch, a former Texas Supreme Court justice. He said the fee is only charged at bars and clubs that have nude dancing.

"This is a tax that is assessed if you are entertaining in the nude," Enoch said.

The state's argument that the sale of alcohol is the key component would open other First Amendment issues, Enoch said.

"If this statute is not a tax on speech, the state could tax the Catholic church because it serves alcohol at communion," Enoch said.

I thought the strip clubs' argument was weak the first time around, but they prevailed, so who knows. The one thing that is certain is that this will be in the courts for a lot longer, which is making some proponents of the law consider other options.

Annette Burrhus-Clay, executive director of [the Texas Association Against Sexual Assault], said the group will work with lawmakers during the current legislative session to draft a new bill that protects free speech and provides a dedicated source of money.

I'll keep an eye out for that. A statement from Rep. Ellen Cohen, the sponsor of HB1751, is beneath the fold.

I would like to extend my appreciation to the Attorney General's Office for their continued efforts in this litigation. I believe now, more than ever, that funding sexual assault programs by placing a fee on these sexual oriented businesses is the most appropriate way to raise much needed funds.

In the end the focus must remain on the victim survivors and providing them with the resources they need. As a Legislator, I will continue to work with members of both parties to bring support to those who need it most. I am confident that my fellow Representatives will, as always, vote with their districts in mind and support the thousands of women, children and men who are survivors of sexual assault."

Video report from UH-Downtown renaming meeting

Con Frijoles has a video clip of his testimony last Friday before the UH-Downtown Board of Regents concerning the name change saga. I just want to add that while I think Houston Metropolitan University is a perfectly decent name despite the understandable concerns some folks have, I also think there's nothing wrong with "UH-Downtown". Given all the pushback the Board has gotten, it seems to me the best option at this point is to regroup, get consensus and buy-in from the community, and try again (if necessary) in 2011. I think the odds of a successful outcome for this session are rapidly dwindling.

Debutant posts

This may not look like much, but given that Debutant has been in the ICU at MD Anderson since Thanksgiving and has nearly died multiple times, I think it's pretty damn amazing. Please go leave some good thoughts for an incredibly resilient woman. And if you get the chance, make an appointment to give some blood. Thanks very much.

Wilshire Village update

Swamplot has more on the Wilshire Village Apartments situation; apparently, there's some question as to the legality of the eviction notices that the residents received. Meanwhile, Hair Balls satisfies my curiosity with some interior photos of the place. It does look better on the inside. That's not saying much, given the sad state the exterior is in, but it's easy to see how this place, given some love and an owner that cared, could be a real gem again. Seems unlikely that will happen, unfortunately; we'll just have to see what replaces it. That's Houston for you.

If you're going to reform it, reform it right

I agree with State Supreme Court Justice Wallace Jefferson that the way we elect judges in Texas needs reform. I just don't think he's proposing a real fix for the problem he's identified.

Texas remains one of only seven states with partisan judicial elections. It requires judicial candidates to raise vast amounts of money, which leaves a skeptical public assuming that money influences the outcome, Jefferson said.

"The status quo is broken," he warned.

He has issued the same warning to previous Legislatures. Sen. Robert Duncan, R-Lubbock, has tried several times to convert the state's partisan judicial elections to merit-based judicial appointments followed by retention elections. But that plan has never passed.

"Sadly, we have now become accustomed to judicial races in which the primary determinants of victory are not the flaws of the incumbent or qualities of the challenger, but political affiliation and money," Jefferson said. "In 1994, 2006 and again in 2008, district judges lost elections due to partisan sweeps in the urban counties."

Jefferson acknowledged that his own re-election in November might just as well have been tied to Republican John McCain's success in Texas as to any stellar credentials that his candidacy offered.

"And this is the point. Justice must be blind - it must be as blind to party affiliation as to the litigant's social or financial status," he said. "The rule of law resonates across party lines."

Jefferson endorses a merit system as "the best remedy." A merit system would allow the governor to appoint judges, who later would face voters in a keep-or-remove election.

"The state of our judiciary will be made stronger if we appoint our judges based on merit and hold them accountable in retention elections," he said.

The Observer also reported on this; the Chron has more here and here. First and foremost, I'm sorry, but I can't help but be suspicious at the motives of a Republican to propose such a scheme right after the Democrats began winning judicial elections in the two biggest counties. Yeah, he mentioned the sweep of 1994, too, but I don't remember anyone calling for this reform then, or any other time in the 90s when the Republicans were taking over the state judiciary. Forgive my cynicism, but this sounds far too much like the newfound alarm over the evils of straight-ticket voting, which somehow managed to not corrupt the body politic when it favored the other team.

The main objection to what Justice Jefferson proposes is that it doesn't seem to fit the problem. If we're concerned about the effects, real and perceived, of big donors to judges and judicial candidates, how exactly does removing party labels help? Are you telling me that Texans for Lawsuit Reform would sit on the sidelines in those nice little non-partisan retention elections? Cause if you are, I'm not buying it. If the problem is too much money coming from too few donors, most of whom have business before the court, why not impose stricter limits on who can give to judicial candidates, and how much they can give? You can balance that out by creating a public campaign funding system for these races, available to candidates matching funds with some multiplier effect for small-dollar donations. That actually addresses the issue, in a way that Justice Jefferson's proposal does not.

Finally, I guess I just don't see the allure of gubernatorial appointments instead of elections. I mean, does anyone think Rick Perry is going to make these decisions based on merit, and not politics? Not me. I say if finances are the problem, then reforming the finances has to be the solution. Anything else strikes me as missing the point. Let's start with Sen. Kirk Watson's bill, which would require that "in an order granting, refusing, dismissing, or denying a petition for review, the supreme court shall state how each member voted on the petition or application", and go from there.

UPDATE: What Burka said. I couldn't agree with him more.

District H candidate forum in Shady Acres

The following came to me via Facebook:

The Shady Acres Civic Club is hosting a Candidate Forum for District H. We would like to have an opportunity for community members to meet and hear candidates\' vision for our neighborhood. We will also have specific questions that we will ask candidates to address as well an opportunity for them to give us an overview of their position. The Shady Acres Civic Club is inviting the Greater Heights and the press.

February 17 from 7 to 8 pm
at the SPJST Lodge Annex 1435 Beall Street
(At W. 15th Street )

Sam Jow
SACC Web/Secretary

Details and a map can be found here. Five candidates have confirmed their attendance as of this writing: Gonzalo Camacho, Karen Derr, Ed Gonzalez, Hugo Mojica, and Maverick Welsh. I'm going to try to be there as well.

On a side note, according to an email I received yesterday, the Harris County Tejano Democrats will have a meeting tomorrow night at which an endorsement for the District H special election will be discussed. Far as I know, that would be the first such endorsement for this race. I'll pass along their decision when I hear of it.

More transportation conversation

Some good comments and followup to my earlier post about traffic in the inner core. I want to address Cory's questions regarding BRT. The short answer is that I have no particular objection to BRT - it's a perfectly fine technology, and cheaper to implement than light rail. It has a place in the mix, especially in places where the cost of LRT would make it infeasible given ridership projections. As long as it has its own right of way, it's acceptable and may be optimal.

Having said that, I do think light rail is superior, and I agree with Andrew that LRT has much greater potential to attract genuine transit-oriented development. And let's not forget that the 2003 Metro referendum was about light rail - the furor that erupted when Metro scaled back from LRT to BRT was because people thought they;d been baited and switched. We can certainly talk about BRT going forward - indeed, if the discussion is primarily about BRT versus LRT, as opposed to the usual more roads versus even more roads, I'll be thrilled - but for now I'm more interested in light rail.

Well, I'm also interested in the streetcar discussion that Christof started. Andrew has taken his original concept for a West Gray streetcar line and fleshed it out some more. It's a really intriguing concept, and I hope it leads to some more good ideas. Take a look and see what you think.

Close enough for computer work

Very cool.

Engineers have long lived by a simple, seemingly obvious rule when designing new computers: The machines have to deliver correct answers.

If asked to compute two plus two, a computer should answer four. But what if computers didn't always have to answer correctly?

Nearly a decade age, a Houston computer scientist posed this heretical question. Today, it's led to a movement dubbed "probabilistic computing," which he believes will revolutionize the future of computing.

On Sunday, Krishna Palem, speaking at a computer science meeting in San Francisco, will announce results of the first real-world test of his probabilistic computer chip: The chip, which thrives on random errors, ran seven times faster than today's best technology while using just 1/30th the electricity.

Just think: One need never again worry about draining an iPhone battery in a day or even a week.

"The results were far greater than we expected," said Palem, a Rice University professor who envisions his chips migrating to mobile devices in less than a decade.

And hopefully some of the companies that will arise to design, manufacture, and use those chips will be located right here. Regardless, this is an exciting development.

Texas blog roundup for the week of February 9

Blog roundup time for the Texas Progressive Alliance again. You know the drill.

(Meant to post this yesterday but forgot. Oops!)

TXsharon made another video this week and it's gross! Watch it on Bluedaze then answer this question and this question if you can and know that HELP IS ON THE WAY!

And speaking of Oil and Gas, WhosPlayin analyzed a contract his city of Lewisville made, leasing its mineral rights cheap to purposely bring in oil and gas development to the suburban Texas city of 92,000.

The Texas Cloverleaf brings you the Trinity Toll Road Boondoggle, soon to be funded by your tax dollars.

There are four US Attorneys in Texas. Off the Kuff takes a look at the people who want one of those jobs.

BossKitty at TruthHugger is concerned about the changing mental state in America. Are people becoming meaner? What do you think about our Mean Economy Spotlights Mean Spirits - Op Ed

Violence in Mexico and on the US border can't be ignored any longer. CouldBeTrue of South Texas Chisme wants Hillary Clinton, not Glenn Beck, to provide solutions.

Adam at Three Wise Men explores the possibility of Howard Dean as Secretary of Health and Human Services.

Neil at Texas Liberal writes about President Obama's policies for rural America. Our cities and rural areas have more in common than we realize. It would be good if urban and rural office holders in the Texas Legislature would think about and talk about how they could help each other.

WCNews at Eye On Williamson posts on the fireworks over UTIMCO this week in Oh, the outrage!.

Over at Texas Kaos, lightseeker asks How Long Will We Have to Put Up With these Arrogant Tools? What has set him off is deposed Czar Craddick's last corrupt act - destroying potential evidence of big a tool he is and was.

jobsanger tells us A Tale Of Two Coaches. Both are winning high school coaches, but one is a real teacher and the other is an embarrassment.

Vince at Capitol Annex takes a look at the fact that State Rep. Sid Miller (R-Stepehenville) is spending campaign cash to buy stocks in companies like AIG, Halliburton, and more.

SJL rumors

Vince reports that "sources tell him" that Rep. Sheila Jackson Lee, who happens to be my Congressperson, is going to leave that job to work for Secretary of State Hillary Clinton. I suppose that's plausible - as Vince notes, SJL was one of Clinton's most steadfast supporters around here, which has earned her some disgruntlement in the district. Jackson Lee herself denies these rumors. I'll simply note that two of the people quoted in that story are restauranteur Marcus Davis, who briefly considered a write-in challenge to SJL last year, and Houston City Council Member Jarvis Johnson, whose name has been bandied about as a potential 2010 primary opponent to SJL. That suggests to me that this may be nothing more than wishful thinking on the part of a couple of interested parties. But hey, you never know - it's not like an initial denial is always the end of a story. If there's something to this, we'll know soon enough.

Roy is in

I'd been counting him as a candidate, if not a particularly serious one, since he had filed a treasurer's report, but Roy Morales has now officially announced his candidacy for Mayor of Houston. He Twittered about it last night, but apparently I'm not on his press release distribution list. Ah, well.

As for the question of whether or not Latino voters would support Roy's campaign, well, I'll point you to this and let you decide for yourself.

We'll always have bottlenecks

Andrew Burleson points out an ugly fact.

Has anyone else noticed that traffic on I-10 is still not great?

I have a 'reverse' commute on I-10 every day. Before the expansion traffic was fine inside the loop outbound in the morning, slow outside the loop. Inbound in the evening it was slow outside the loop, fine inside, except near the 10-45 interchange.

Now things are much smoother outbound, no delay at all. Inbound, however, is a nightmare. Traffic comes to nearly a complete stop approaching the 10-45 interchange, and is usually very slow all the way back to Shepherd / Durham.

Observing the 'regular' commuters across the median, things are of course worse. In the mornings the backup to get onto the loop or through the 10-45 interchange is insane, it's bad in the evenings as well.

The reason for this is pretty simple. The interchange from I-10 to I-45 is one lane for each direction. It's the exit to I-45 south, which is the way into downtown and points south like the Medical Center (via 288) and Greenway Plaza (via 59), that's the biggest mess, and with more traffic being brought in thanks to the outside-the-Loop expansion of the freeway, the bottleneck is that much worse at this point. I can confirm Andrew's observation, because one way I have to get to work after I drop the girls off at preschool is I-10 to I-45 to SH-288. In theory, it's the fastest way for me to get to where I work by the Astrodome, even though it's a longer-distance drive. But just about every day as I approach I-10 from Height Blvd, and I can see that traffic is basically at a crawl from before there onward, I say the hell with it, and I take my chances on the surface roads instead. It's not really any faster, but I find it to be less stressful, and it offers me the chance to take an alternate route if it turns out there's a real obstruction beyond just the sheer number of vehicles.

That's kind of the dirty secret of all the highway construction we've had in Houston over the past two decades or so. We can spend billions of dollars to improve the drive out to the burbs - and we have! - but driving in town is still hell. This is just one example. The others I have in mind are no doubt familiar to you:

- US 59, northbound from roughly Kirby through downtown. It's truly amazing just how unutterably horrible traffic is on that stretch of highway. I've been southbound on 59 coming from downtown a couple of times in recent weeks at around 2 PM on a weekday, and it's all clogged up. I can only imagine how much worse it must be during rush hour; actually, I don't have to imagine it, as I recently experienced it. The reason for this is simple: Five lanes of northbound traffic squeezes down into three lanes that go past the downtown spur, then into only two lanes as one peels off for the ramp to I-45. You do the math.

- I-45 on the Pierce Elevated, both directions. It's the same problem as above: Multiple lanes of traffic coming in narrow down to two lanes at the interchange with 59 and 288. I've hammered on this point many times during the longstanding discussion about widening I-45 north of downtown, because as long as the Pierce is this way, you'll just be pouring an ever bigger bucket of water into the same size funnel, with predictable results.

I should note that I-10 at the I-45 interchange also slims down to two lanes passing through, with one lane going to 45 South and another going into downtown via Smith Street, but unlike the other two examples above, I don't think most of the traffic is continuing on - in my experience, things flow a lot better once you get past the exit for 45, despite the paucity of bandwidth. That may change some day, if there's a reason for more traffic to keep going east at that point, but for now it's not a big deal.

What all of these choke points have in common is that there's not a damn thing we can do to add capacity. We can't widen the Pierce Elevated. We can't widen 59 entering downtown. Remember, we just spent a chunk of money renovating the Pierce, and redoing 59 in that area, which included putting all of it beneath street level. There's simply no room to widen them. Because we can't widen the Pierce, we can't improve the interchange from I-10, for the same reason: no room to add capacity. If your daily routine includes any of these routes, it will never get any better for you. In all likelihood, it will just get worse. It's no wonder to me that the plans for the I-69 part of the Trans Texas Corridor bypassed Houston altogether. Why would you want your long-haul truckers getting stuck in this mess when they don't need to?

So what can we do about this? We can do what I've been agitating for over and over again around here, which is to create transportation alternatives for the inside-the-loop traveller that gets them where they need to be without the need for these hot spots. Yes, I'm talking about more light rail. In particular, I say my Kirby Drive route would do a lot to keep the 59/45 problems from getting even worse, since it would provide a north-south alternative for a very dense part of town. I proposed that route mostly because I think it's the best answer to the increasing congestion on the surface roads, but let's face it, one reason for that increasing congestion on the surface roads is because of people like me who are turning to them as alternate routes to the highways. It may not be an alternative for that guy who needs to get from Greenway to the Woodlands or Humble, but if it keeps a few Greenway to Heights commuters off the road he's traveling, it still benefits him.

The bottom line is simply this: We cannot add capacity to the highways inside the Loop the way we can outside it. Just as we cannot add capacity to the surface roads, our only viable option for ameliorating the greater volume of traffic in Houston's inner core is to add transit. I've made these points before, and I'll keep making them because it's everywhere you look. Either we add transit, or we're doomed to lousy mobility in Houston's densest areas.

Deregulation fail

How's that electricity deregulation working for you, Texas?

In the decade since Texas deregulated its retail electricity market, rates have skyrocketed higher than any other state with such open competition, according to a report released today.

Commissioned by the Cities Aggregation Power Project, a nonprofit coalition of Texas municipalities, the report found that residential electricity rates rose 64 percent between 1999 and 2007. Before that, Texans paid rates that were well below the national average, according to the U.S. Energy Information Administration.

Boy, the one time we're below the national average for something in a good way, we go and screw it up. If only we could bring such results to the number of uninsured children or something like that. In any event, since I'm a numbers kind of guy, if electric rate increases had been capped at five percent a year, which is what Governor Perry and some members of the Lege would like to do to property appraisals, the maximum total increase over an eight-year period would be a little less than 48%. For some odd reason, this issue just isn't as salient to them. Go figure.

The report does give the law credit for encouraging the use of renewables, enhancing efficiency standards and helping to reduce emissions.

The Cities Aggregation Power Project, which pools the energy needs of its member cities in order to negotiate better prices, does not recommend going back to the pre-deregulation system. But the group says it wants the Legislature to curb market abuses by limiting how much power any one utility can generate.

The coalition also advocates reforms that would allow citizens living in its municipalities to join together and negotiate better rates the way governments do now.

Here's CAPP's press release, and their full report (both PDF). The main takeaway from all this is that what we have is not a "free" market. There's too many abuses, and the consumer has little power to do anything about them. It also contains this blast-from-the-past gem:

Enron played a key role in the deregulation of the Texas electric market. Some of the current problems with the market structure can be attributed, at least indirectly, to the considerable political influence of Enron during the late 1990s.

They're just the gift that keeps on giving, aren't they? Remember, kids, what is good for business - in particular, what is good for one business - is not necessarily good for you. EoW has more.

Cleaning up the bay

There's been plenty of action on land cleaning up after Hurricane Ike. Now there's going to be a similar amount of action in the water.

The Texas General Land Office, which is responsible for protecting the coast, has pinpointed nearly 600 large pieces of underwater debris after surveying about one-fifth of the bay.

The sonar scans will continue through February, but the cleanup could begin as soon as this week, with the goal of finishing before the next hurricane season begins, on June 1.

Texas has set aside $39 million for the cleanup, the largest of its kind in the state's history. Officials said they expect reimbursement from the Federal Emergency Management Agency.

"On the plus side, the bay will be cleaner than before," said Jim Suydam, spokesman for the General Land Office.

For years, hundreds of abandoned barges, shrimp boats and recreational vessels have cluttered the bayous, bays and shores of the Gulf of Mexico.

Ike's surge deposited even more debris into the shallow waters of Galveston Bay, one of the nation's largest and most productive estuaries.

The debris is a hazard to navigation and a potential problem for the environment. For example, the storm-tossed debris has helped destroy half of the bay's oyster reefs, officials say.

Makes you wonder why we'd never done this before. Well, no, this is Texas - I know exactly why this was never done before (hint: $$$). But hey, I'll take what I can get.

Over/under

Some East End residents are still unhappy about the way the Harrisburg light rail line is shaping up.

East End residents overwhelmingly supported the rail line in a 2003 referendum, thinking it would boost the redevelopment already taking place. Back then, however, Metro's plans did not include a mammoth, six-block-long overpass to cross existing Union Pacific freight rail tracks at Hughes or a rail car maintenance facility near Harrisburg.

Neighborhood residents still support the rail line, but some residents and civic leaders worry the planned overpass will split the neighborhood and inhibit future redevelopment. They also don't like the extra industry that will be added to the area by the four-block-long rail maintenance facility.

Since Metro announced the plan last summer, residents have grown increasingly resentful and complain that the transit agency is not considering their concerns.

The tension was evident two weeks ago when some community residents and leaders implored City Council and Mayor Bill White to "stop this preposterous overpass."

For what it's worth, the issue first came to light in March, at which time the plan was to simply stop the line before the freight tracks. A month later, an agreement was reached to bypass the freight rail tracks one way or another.

Metro's board voted on the Harrisburg line in June 2006 after more than 70 community meetings, agency spokesman George Smalley said.

Many argue that the overpass would shut off a portion of the boulevard and increase noise throughout the neighborhood.

The proposed overpass, planned to span from Cowling to 66th, would rise 26 feet above a rail line, tall enough to allow a double-stacked rail car to pass below. It would accommodate light rail trains, two traffic lanes and sidewalks.

"It's going to be just massive," said Robert Gallegos, president of the Houston Country Club Place Civic Club. "It would be a blight for generations to come that live in the East End."

Some have called on Metro to build an underpass instead, saying it would be cheaper and less disruptive to the neighborhood.

They cite a 2004 Harris County report that estimated the cost of an underpass at $16 million.

Smalley dismissed the report as dated and said it did not take into account the cost of the actual rail line.

Metro has estimated the cost of an overpass at $45 million. Going under the freight rail line instead would drive the cost anywhere from $67 million to $81 million, Metro estimates.

"It's long past time for planning and process," Smalley said. "It's time to build a better future."

Councilman James Rodriguez, who represents the East End, agrees with Metro that an overpass is the only feasible option.

"My goal is to get a rail line built on time and allow it to serve my constituents," he said.

In a letter to his constituents, Rodriguez said that continued debate jeopardized funds promised for the line.

"We run the risk of losing the line all together if we do not move forward and begin discussing the design of an overpass," he wrote.

That overpass does sound massive. I can definitely understand the concern. I'm not sure that an underpass, if intended for the light rail line and the vehicular traffic, would be any less disruptive, however, since it would probably need to be about as long. I suppose the ideal solution would be to build an underpass for the freight rail line, but I'm guessing that's out of the question. Not sure what else there is to say, other than Metro needs to engage the community in the design of this thing. Groundbreaking for this line was in June. It's time to get moving.

Will we get a piece of the stimulus?

Maybe, maybe not.

Many states, running short of cash, may jump at the chance to spend federal stimulus money.

In Texas, though, the executive and legislative branches may not jump in unison.

Several Democrats and even a few Republicans are nervous that Gov. Rick Perry might reject the federal aid.

"If there's any risk Perry would reject that money, we want responsible lawmakers to take it, allocate it and use it for Texas," said state Sen. Eliot Shapleigh, D-El Paso.

Perry spokeswoman Allison Castle wouldn't say if the governor will oppose taking any of the aid.

"The governor continues to oppose the bailout, but if Congress does allocate taxpayer money, a lot of which is from hard-working Texans, then Texans deserve their fair share," she said.

So at least there's a chance that practicality will trump ideology, but it's not a sure thing. As with just about everything these days, it'll depend on the politics of the Republican gubernatorial primary.

With the GOP primary a year away, the politics of government intervention in the economy have emerged as the first clear flashpoint between Perry and Republican rival Kay Bailey Hutchison, who wants to unseat him as governor.

Perry has declared his independence from Washington by opposing stimulus packages in virtually any form - and chiding Hutchison for voting for the initial $700 billion bailout pushed by the Bush administration. Hutchison aides fire back that Perry has been hypocritical on the issue.

Hutchison has rejected a pair of stimulus packages, including the compromise tentatively approved Friday, amid growing GOP opposition. But Perry aides are pounding her with criticism that she's flip-flopped on the issue as they head into next year's Republican gubernatorial primary.

[...]

Republican consultant Royal Masset said that even in the Republican Party, there's a desire for government to stem the economic crisis.

"People are forgetting that Republicans were the ones who floated the great bailout that started this whole thing," he said. "It's not exactly like this is a Democratic plot to make the world safe for socialism."

Yes, well, the stimulus package is supported by those pinkos in the Chamber of Commerce and the National Association of Manufacturers. You'd think they might have some influence in this debate, but with Rick Perry and Kay Bailey marching to the same right-wing drummer, they may find themselves frustrated by it all. Which is why I've been screaming about the need to have some Democratic counterweight to them. As such, I'm pleased to see there's at least one person out there who might run for Governor as a Democrat.

Tom Schieffer of Fort Worth recently returned to Texas after serving as U.S. ambassador to Australia and, more recently, Japan under former President George W. Bush.

Before that, he was president of the Texas Rangers baseball team when Bush was a part owner of the franchise.

Now, figuring out what to do next, Schieffer has been calling friends and associates, weighing a possible race for the Democratic nomination for governor next year.

Yes, Democratic nomination. Before hooking up with Bush, Schieffer, brother of CBS newsman Bob Schieffer, was a Democratic state representative from Fort Worth in the 1970s.

He has been away from Texas politics (and the country) for years and, thanks to his Bush connections, likely would encounter a cool, even hostile, reception from many Democratic voters.

Not exactly a resume to fire me up, and I daresay I won't be alone in that reaction, but I fear the possibility of beggars-can't-be-choosers territory, and let's face it - I ain't voting for Kinky, no way, no how. At least a guy like this might have some capability to raise money, and to get some reasonably credible candidates on the rest of the ballot. I can live with that.

Finally, in case you're curious, our junior Senator missed today's cloture vote on the stimulus package to chase a little stimulus of his own. I feel so represented.

Locke is in, Hall is out

This comes as no surprise.

It went as expected at this morning's press conference. Former City Attorney Gene Locke is running for mayor of Houston in the November election. Former City Attorney Benjamin Hall III, who never officially declared his candidacy, will not run.

As expected, by me and by others. On the assumption that Roy Morales isn't really seriously running for Mayor, we're down to the three candidates we were expecting before - Annise Parker, Peter Brown, and Gene Locke. Unless a more credible Latino candidate gets in the race, this is likely to be our lineup, modulo a couple of fringey perpetual candidates.

UPDATE: Here's the full Chron story, which says that this deal, if you'll call it that, was facilitated by Rep. Al Green.

The two former city attorneys had talked weeks ago as potential opponents. But, they said, Green more recently helped them focus on the fact that they agree on major issues such as how to create jobs and housing for city residents.

Hall said he was promised no favors in return for deciding not to run. He also said his decision had nothing to do with questions about whether he would meet the 12-month residency requirement for running for the top Houston job. Hall lives in the separate municipality of Piney Point Village but considered himself a resident of Houston because, he said, he owns residential property inside the city.

Hall is registered to vote in Piney Point Village. He said he will switch his registration so he can vote for Locke.

Okey dokey then. Hair Balls has more, while Miya has a related post from Friday.

District H CIP meeting report

Here's the Chron story on that CIP meeting for District H that took place last week. The highlights:

Jane Cahill West, president of the combined Washington Avenue/Memorial Super Neighborhood Council, said she was glad to see the MKT (Missouri-Kansas-Texas Railroad) Trail on the current CIP project list.

"But I urge you to extend the MKT Trail right of way to Memorial Park," she added.

The $1.9 million bike trail is being built along the former railroad right of way in partnership with the Texas Department of Transportation.

Construction on this trail is well underway - they've dug the path along 7th Street near Heights Blvd, and have poured concrete for some of it. I've been meaning to take a walk on some of it and take pictures.

Cahill West also asked the city to add reconstruction of the heavily trafficked Sawyer Street; upgrades to security and lighting for West End Park, 1418 Patterson; and establishing quiet zones along Houston Avenue and other streets with major rail crossings.

The "quiet zone" issue come up recently. That stretch of Sawyer Street, basically from I-10 to Washington Avenue, is basically everybody's alternate route from the Heights to downtown - it avoids the nasty I-10/I-45 interchange, which backs up traffic as far back as Heights Blvd and beyond. I talked about it a year ago when it looked like there was going to be some imminent residential construction in the area. That hasn't really happened yet, but there are signs advertising what's to come, and the cross streets between Sawyer and Houston Avenue are still seeing action.

Other current projects already on the CIP list for District H include:

• The $10.3 million reconstruction of North Main Street from Interstate 45 to Airline Drive, estimated for completion Oct. 27;
• Replacement of water lines in the Gardendale area, estimated at $8.3 million, scheduled to be completed last month, and north Houston's Ellena Gardens subdivision, $4.46 million, to be completed Sept. 12;
• Market Street paving from Lockwood to Wayside, $7.3 million, estimated for completion Sept. 12; and,
• Little White Oak Bayou Trail, $1.17 million, to be finished in September.

Upcoming projects on the list include:

• A new prisoner processing center in partnership with Harris County, $38 million;
• Hempstead Road and Washington Avenue reconstruction in partnership with the Texas Department of Transportation, $23.8 million;
• Yale Street paving from Tidwell to Parker, $10.4 million;
• Yale Street rehabilitation, Phase I, from Interstate 10 to 17th Street, $9.3 million;
• Yale Street rehabilitation, Phase II, from 17th Street to Loop 610, $6.5 million;
• Little York paving, from Airline to Hardy Street, $9.7 million;
• Moody Park Community Center expansion and park, 3725 Fulton, $3.5 million;
and,
• Buffalo Bayou Trail, from Shepherd Drive to Sabine Street, $2.08 million.

What else would you like to see get done? You can contact the District H office at 832-393-3003, or the office of Council Member Melissa Noriega, who ran this meeting, at 832-393-3005, with questions or feedback.

"Highway piracy"

Appalling.

A two-decade-old state law that grants authorities the power to seize property used in a crime is wielded by some agencies against people who are never charged with, much less convicted, of a crime.

Law enforcement authorities in this East Texas town of 1,000 people seized property from at least 140 motorists between 2006 and 2008, and, to date, filed criminal charges against fewer than half, according to a San Antonio Express-News review of court documents.

Virtually anything of value was up for grabs: cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town. Some affidavits filed by officers relied on the presence of seemingly innocuous property as the only evidence that a crime had occurred.

Linda Dorman, a great-grandmother from Akron, Ohio, had $4,000 in cash taken from her by local authorities when she was stopped while driving through town after visiting Houston in April 2007. Court records make no mention that anything illegal was found in her van and show no criminal charges filed in the case. She is still waiting for the return of what she calls "her life savings."

Dorman's attorney, David Guillory, calls the roadside stops and seizures in Tenaha "highway piracy," undertaken by a couple of law enforcement officers whose agencies get to keep most of what is seized.

Guillory is suing officials in Tenaha and Shelby County on behalf of Dorman and nine other clients who were stripped of their property. All were African-Americans driving either rentals or vehicles with out-of-state plates.

Remember how many little towns used to be notorious speed traps, where going 56 in a 55 MPH zone would get you pulled over and slapped with an expensive ticket? Selma, just north of San Antonio on I-35, was the place everyone was warned about back when I was in college. Eventually, the Lege put a stop to this, as these places were getting a large percentage of their operating revenues from this scam. Unfortunately, it appears that when that door got closed, a window was opened.

Tenaha Mayor George Bowers, 80, defended the seizures, saying they allowed a cash-poor city the means to add a second police car in a two-policeman town and help pay for a new police station. "It's always helpful to have any kind of income to expand your police force," Bowers said.

Local police, he said, must take aggressive action to stem the drug trade that flows through town via U.S. 59. "No doubt about it. (Highway 59) is a thoroughfare that a lot of no-good people travel on. They take the drugs and sell it and take the money and go right back into Mexico," said Bowers, who has been Tenaha's mayor for 54 years.

Kind of makes red light cameras pale in comparison as revenue-generating schemes for a municipality, doesn't it? I'm sure the Kubosh brothers will be showing up any day now to express their outrage.

Harris County District Attorney Patricia Lykos said the state's forfeiture law, which last year put millions in the coffers of local law enforcement agencies, including hers, takes some of the profit out of crime. "These ill-gotten gains are used to further the aims of law enforcement and public safety," she said. "It's kind of poetic justice, isn't it?"

Lykos believes the law, if followed, provides citizens with adequate safeguards. Local police and attorneys in her office, she said, are well-versed in what constitutes adequate evidence for seizures. Rarely, she said, do seizures take place locally without the filing of criminal charges.

Could we maybe get some more detail on those rare exceptional situations here in Harris County? You know, to make sure we really are following the law? That would be nice.

Give bikes a little space

MTBLawGirl passes on word of a bill that will be of interest to bicyclists.

Earlier this month, Texas Senator Rodney Ellis and Representative Linda Harper-Brown filed the Safe Passing Bill in the Senate (SB 488) and House (HB 827) respectively. In addition to requiring more than three feet passing distance when a motorist passes a vulnerable road user, it will include penalties for throwing projectiles, "dooring", the "right hook" (turning dangerously in front of a vulnerable road user), and more. Vulnerable road users include cyclists, pedestrians, runners, farmers on tractors, motorcycles and more. This bill, specifically the definition of "vulnerable road user" is modeled after similar legislation in Iowa, Illinois, Michigan, Pennsylvania, and Vermont. This is a huge step forward for Texas in actualizing "Share the Road" and reducing fatalities. Sadly, approximately 50 cyclists, 400 pedestrians and 500 motorcyclists are killed every year in Texas.

I'm guessing these are the same bills that the Texas Motorcycle Roadriders Association will be lobbying for as well. That suggests to me that there's a decent chance of passage. If this interests you, click on over to MTBLawGirl and drop her a note.

Monday morning Mayoral intrigue

The following just hit my Inbox:

Benjamin Hall and Gene Locke Announce Joint Press Availability

When: 9:30 a.m. Monday, February 10, 2009

Where: 530 Lovett Boulevard, Houston, 77006

Ben Hall and Gene Locke invite you for a press availability Monday morning to discuss issues concerning Houston's 2009 Mayoral race. The meeting will last approximately 20 minutes and will be conducted at the law offices of Ben Hall at 530 Lovett Boulevard.

As we know, Hall had been set to announce his entry into the race when he got a phone call from Locke, and deferred making any announcements at the time. One might assume that if they're getting together to formally talk to the newsies it's because one of them has decided not to run, and since Gene Locke has filed his treasurer's report, that would point towards an exit by hall. Which would not exactly grieve me, as we have discussed before. Of course, this could all be something else entirely. We'll know in 11 hours what the deal is.

The reason we need a credible Democratic candidate for Governor, in a nutshell

In case you missed it, the far right wing Sen. Jim DeMint of South Carolina offered an amendment to the economic stimulus bill during all the sausage-making last week. Here's what he proposed:

o Permanently repeal the alternative minimum tax once and for all;
o Permanently keep the capital gains and dividends taxes at 15 percent;
o Permanently kill the Death Tax for estates under $5 million, and cut the tax rate to 15 percent for those above;
o Permanently extend the $1,000-per-child tax credit;
o Permanently repeal the marriage tax penalty;
o Permanently simplify itemized deductions to include only home mortgage interest and charitable contributions.
o Lower top marginal income rates from 35 percent to 25 percent.
o Simplify the tax code to include only two other brackets, 15 and 10 percent.
o Lower corporate tax rate as well, from 35 percent to 25 percent.

In other words, take everything that was done during the Bush years and double down. Note that there's not a single dime of spending, just tax cuts galore, which will surely come as a great relief to everyone who is currently unemployed and/or uninsured. Note also that this would mean not a dime for beleaguered states, who collectively face over $40 billion in budget shortfalls, which if left unaided (as things depressingly stand now, thanks to the "work" of such "moderates" as Ben Nelson and Susan Collins) will likely lead to massive cuts and layoffs of teachers, police officers, and the like. Including states like Texas, which we know is already gearing up for cutbacks.

That the Republicans have gone completely crazy, and have turned into a group of utter economic illiterates, is hardly surprising. But note that DeMint's amendment got Yea votes from 36 of the 41 Republicans in the Senate. Among them is that supposed sensible moderate centrist Kay Bailey Hutchison, who is apparently unwilling to cede the wingnut vote in the GOP primary to Rick Perry. In a just world, a vote like this would be firmly wrapped around her neck, in a nonstop barrage of TV and radio ads, by her eventual Democratic opponent, assuming that she does in fact win her primary. If only such a person existed.

Expect her to make more votes like this between now and next March, by the way. Winning that primary is more important than representing Texas' best interests. If, as she no doubt hopes, the election will essentially be decided by 600,000 or so voters who don't really care that much about Texas' best interests, what has she to lose by acting this way?

Weekend link dump for February 8

The three sweetest words in the English language right about now: "Pitchers and catchers".

The wonderful legacy of the Terrible Towel.

Eight six seven five three oh nine. You want it, you can have it. For a price, anyway.

Apparently, Eileen did not like the GoDaddy.com ads during the Super Bowl. I can't imagine why. And may I say, I hope Danica Patrick got a good price for her appearance in that ad, since it cost her dignity.

I want the Republican Party to be more like Sarah Palin, too. You betcha!

Rep. Al Edwards is back. Cheerleaders across the state shake their booties in fear and loathing.

I can't think of a better opponent for Sen. "Diaper David" Vitter than a pr0n star.

This sounds like a pretty good idea to me.

Impressive, but a stack of every idiot in th Republican Party would be even higher.

Some states (*cough* *cough*) have too many Democrats running for the Senate. Others have too many Democrats running for Governor. Maybe we could arrange a trade or something...

Who knew Joe the Plumber was so multifaceted? What next, a cooking show?

Sarah hearts Rick.

Old Jews Telling Jokes. What, you don't like jokes?

How much did the Mormon Church spend on Prop 8? A lot more than they want to admit.

This is what happens when you put Senators on TV.

Now this is keeping Austin weird.

Dogs in elk. A true classic of the Internet. Put your beverages away and enjoy.

When prosecutors blame the victim for their own errors.

Sometimes, you just should not be doing it in the Facebook, with the Twittering.

The ongoing UH-Downtown renaming saga

Still going nowhere fast.

University of Houston System regents Friday decided to wait for more suggestions before choosing a new moniker for UH-Downtown, concerned that "South Texas" made no reference to the city and overlaps with South Texas College of Law. They said the process, which came up with the suggested name in about a month, had been rushed.

"UH-Downtown has great programs, deans, professors and graduates," said Welcome W. Wilson Sr., chairman of the board. "It doesn't have an identity. It is an invisible university. However, maybe the time frame is a bit short. It could be that four weeks (was) not enough."

Regents voted in December to change the name of UH-Downtown to increase recognition and distinguish it from the University of Houston's largest campus. But coming up with a new name is a ticklish matter, guaranteed to offend some, including those who believe no change is needed.

"We can vet some more names, but we are never going to get a consensus," UH-Downtown President Max Castillo said after the meeting. "Any change is going to get dialogue, contention and debate. I think we've done our due diligence in bringing this (name) forth."

Well, that's one way of putting it. The good news for those who don't like any of the names they've contemplated, or who think they shouldn't have bothered in the first place - there's a Facebook group for you if that's the case - is that it seems unlikely they'll be able to get their act together in time to get a bill written, sponsored, and passed by the Lege; certainly, not having a strong consensus won't help those efforts, either. So if you like things as they are, or at least prefer them to what they could be, you're probably in good shape till 2011.

A special university committee solicited faculty, student and public input before recommending University of South Texas. It sent out surveys, conducted focus groups and considered scores of names, including some that sounded like a bank (Fidelity State University), a charter school (Challenger State University), a Soviet institution (People's State University) and a very distant outpost (Houston Lunar University).

Some regents said the name simply did not appeal to them . Others thought the similarity to South Texas College of Law -- or even Texas Southern University -- could present problems.

I'm telling you - Houston Metropolitan University is where it's at. The Chron is with me. Your move, Regents.

UPDATE: Sandra was at the meeting on Friday, and provides a report. She does not like "Houston Metropolitan University". Mean Green Cougar Red, who thinks HMU isn't so bad, and Stace, who prefers "University of South Texas", have more.

"Pride and Prejudice and Zombies"

You know, if they'd given me books like this to read in high school, I might have actually read them.

Pride and Prejudice and Zombies features the original text of Jane Austen's beloved novel with all-new scenes of bone-crunching zombie action. As our story opens, a mysterious plague has fallen upon the quiet English village of Meryton--and the dead are returning to life! Feisty heroine Elizabeth Bennet is determined to wipe out the zombie menace, but she's soon distracted by the arrival of the haughty and arrogant Mr. Darcy. What ensues is a delightful comedy of manners with plenty of civilized sparring between the two young lovers--and even more violent sparring on the blood-soaked battlefield as Elizabeth wages war against hordes of flesh-eating undead. Complete with 20 illustrations in the style of C. E. Brock (the original illustrator of Pride and Prejudice), this insanely funny expanded edition will introduce Jane Austen's classic novel to new legions of fans.

Outstanding. I just hope that someone has bought the movie rights. Who do you think should play Elizabeth in the film version? Leave a comment and let me know. Thanks to Crooked Timber and The Little Professor, both of whom have their own suggestions for similar works, for the link.

The Lege versus the BCS

It's always heartwarming to see the Lege pay attention to the really important stuff. Take a look at HCR35, for the purpose of "Urging the institution of a playoff system to decide the NCAA football national championship in place of the current Bowl Championship Series." According to the text of the resolution - note that this is not a bill, it's a resolution, for things like proclamations and honoring people and whatnot - once you get past all of the "whereas"es:

RESOLVED, That the 81st Legislature of the State of Texas hereby respectfully urge the presidents of the public universities in Texas and the Big 12 Conference commissioner to work to promote the institution of a playoff system to decide the national championship in college football in place of the current Bowl Championship Series; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the presidents of the public universities in Texas and to the Big 12 commissioner.

Boy, that oughta frost 'em. How can they resist the might of Smoky Joe Barton, the attorney general of Utah, and now the Texas Lege? We'll have a playoff system yet.

Jim Sharp investiture

Jim Sharp, who was elected to the First Court of Appeals in November, has asked me to pass along an invitation to his investiture, which will be held this Thursday, February 12, at 4 PM in the Gerald Treece Courthouse at the South Texas College of Law downtown. Details can be found here (PDF). Enjoy!

More big bucks for Bill White

Bill White has set a brisk early pace for his Senate fundraising so far. He shows no signs of slowing down as yet.

Houston Mayor Bill White's consultant says White has raised $1.4 million since he declared plans to run for the U.S. Senate in mid-December. That probably puts White ahead of all candidates either exploring or committed to chasing the Senate seat yet to be vacated by Kay Bailey Hutchison, who has said she'll formally declare her candidacy for governor this summer.

White's consultant, Mustafa Tameez, noted that White is still mayor of the nation's fourth-largest state and counts on a statewide pile of backers. "We're keeping a very strong pace," Tameez said.

Individual contributions for a Senate race must be raised in $2,300 increments. So it's fair to say that White's haul, which counts nearly $769,000 gathered between Dec. 15 and Dec. 31, demonstrates strength.

I believe it's $2400 per donation now, but that doesn't change the conclusion. As noted in the story, White's closest competitor in the money race is State Sen. Florence Shapiro, who hauled in a bit more than $500K in six months' time. We won't know how John Sharp is doing till the March reports are out.

The ironic thing here is that I think if White posts a dominating lead in cash on hand as of March and June, that will just increase the pressure on Kay Bailey Hutchison to stay where she is through the November of 2010 election. Which means that either White will then have a nice kitty to transfer to a gubernatorial race, or he'll have an even bigger pile of cash on hand for 2012. Assuming that people will continue to be interested in donating to a race that far off in the future, of course.

Rep. Thibaut

Nice article in the Observer about freshman State Rep. Kristi Thibaut, whom the paper has tagged as a "woman to watch" for this session. I had the pleasure of meeting Rep. Thibaut back before she first ran for office, and I'm really happy to see not only that she made it, but that she's looking to shake things up a bit. She'll have a fight for re-election in 2010, in what will be the rubber match against now-former Rep. Jim Murphy, but she's got the district's trends (which mirror those of the county as a whole) and the power of incumbency in her favor. Hers may be the top race in the county next year; it will surely be in the top three or so. Keep an eye on Rep. Kristi Thibaut.

Handmade Toy Alliance wins a stay

Some good news from last week for the Handmade Toy Alliance - they got a one year reprieve on enforcement of the Consumer Product Safety Improvement Act.

Federal regulators on Friday postponed some testing requirements that would have forced many companies to pay ten of thousands of dollars to check children's products for lead content, giving manufacturers and retailers a one-year reprieve.

The Consumer Product Safety Commission deferred the deadline, originally Feb. 10, by which manufacturers and importers of children's goods needed to test every item to ensure it didn't contain more than 600 parts per million of lead. They also have an extra year to test for phthalates, chemicals often used in plastic.

[...]

The Consumer Product Safety Improvement Act was passed by Congress last year after dozens of toys were recalled. It called for manufacturers to test products by Feb. 10 and for retailers to dispose of products that had not been tested by that date.

The two-member commission voted to stay those requirements for a year, after toy makers, publishers and clothing manufacturers voiced their concerns. The commission had already clarified a portion of the law that could have forced thrift stores to dump all of their children's clothing; the move in effect exempted them.

Also on Friday, Sen. Jim DeMint (R-S.C.) said he was planning to introduce legislation next week to exempt some small businesses from the law and require the commission to distribute a compliance guide, among other things.

The commission has been bombarded with thousands of calls, e-mails, letters and visits from people upset about the law, Martyak said. Reps. Henry A. Waxman (D-Beverly Hills) and Bobby L. Rush (D-Ill.) and Sens. John D. Rockefeller IV (D-W.Va.) and Mark Pryor (D-Ark.) also sent the commission a seven-page letter chastising it for the "great deal of confusion and misinformation" that had arisen over the law.

The industry is still waiting for guidance on whether toys and clothing made from natural materials will be exempted from the law entirely. And there are exceptions to the stay: Manufacturers still must test products for small parts that may break off, lead content in children's jewelry and lead paint. They also must ensure that cribs conform to standards set by the law.

"It looks like a positive step, but there's still a lot of legalese," said Dan Marshall, founder of the Handmade Toy Alliance, which was created to inform small toy companies about the law and advocate for them.

You can see a copy of the stay order here (PDF). This is good news for the craftspeople, but it's only a delay, not a resolution. If nothing happens, they'll be in the same position in a year's time. Congress has a lot of work to do this year, but I hope they make time for this as well.

One of the things that may perhaps come out of this experience is a better understanding of how laws intended to regulate big businesses need to take into account the way smaller businesses operate as well. This Business Week article discusses that, while this DC Examiner piece takes a more cynical look at the sausage-making process that led to all this. And finally, where there's crime there's defense attorneys, and so we have Mark Bennett examining the criminal liabilities under the CPSIA. May it never come to that for the HTA's stakeholders.

Pete Sessions and the Taliban

Rep. Pete Sessions in CD32 is the chair of the NRCC this cycle. He's also...well, see for yourself.

Frustrated by a lack of bipartisan outreach from House Democratic leaders, Rep. Pete Sessions (R-TX), chairman of the National Republican Congressional Committee, said today that the GOP should look to the Taliban for guidance in conveying its position on the stimulus package and, more broadly, in working to make the party's views on issues known. [...]

"Insurgency, we understand perhaps a little bit more because of the Taliban," Sessions said during a meeting with Hotline editors. "And that is that they went about systematically understanding how to disrupt and change a person's entire processes.

"And these Taliban -- I'm not trying to say the Republican Party is the Taliban. No, that's not what we're saying. I'm saying an example of how you go about [sic] is to change a person from their messaging to their operations to their frontline message. And we need to understand that insurgency may be required when the other side, the House leadership, does not follow the same commands, which we entered the game with."

The quotes come from the National Journal, and they've now been picked up by the DMN, so you can expect some walking back Real Soon Now. I don't often play the "can you imagine if a Democrat said that" game, but I don't see how you can't here. Seriously, imagine this was 2002 and some Congressional Democrat used this metaphor to describe opposition to President Bush. I can't even wrap my mind around it. Both the Journal and First Read, which wonders what Drudge would do if a Dem had said this - I say imagine Fox News - go there. (Thanks to Sessions Watch for the links.)

What I really want to is if this will finally spur a well-funded challenge to Sessions this year. He's already been targeted by the DCCC in radio ads for the GOP's unanimous anti-stimulus vote, so that's a good start. CD32 is a lot less Republican than it was in 2004 - John McCain took 53% of the vote there - and that trend isn't going to stop. I thought Eric Roberson was a decent candidate last year, but he got nowhere in the fundraising department. Will Dallas and national Democrats finally get serious about taking Session on? I sure hope so.

Friday random ten: Flight of the Genius

As promised (threatened?) last week, it's time to pay another visit to Genius-land, in which we use the Genius feature of iTunes to create some playlists from which we draw the weekly Friday Random Ten lists. Needless to say, the next handful of these lists will be based on new music, since that seems like as good a way as any to see how the new stuff meshes with the old. First up is "Business Time" by Flight of the Conchords, who are both an HBO phenomenon and a free download from Stereogum. And as is fitting their eclectic nature, they generate an interesting Genius playlist. As given:

1. Business Time - Flight of the Conchords
2. The Underdog - Spoon
3. O Valencia! - The Decemberists
4. Time to Pretend - Mgmt
5. I Will Survive - CAKE
6. Rock Lobster - The B-52s
7. Istanbul (Not Constantinople) - They Might Be Giants
8. Blister In The Sun - Violent Femmes
9. Tempted - Squeeze
10. Why Do You Let Me Stay Here? - She and Him

And as played:

1. Business Time - Flight of the Conchords
2. Wild World - Cat Stevens
3. Kodachrome - Paul Simon
4. 1234 - Feist
5. Truckin' - Grateful Dead
6. Domino - Van Morrison
7. Two Tickets to Paradise - Eddie Money
8. Sledgehammer - Peter Gabriel
9. No Phone - CAKE
10. Video Killed The Radio Star - The Buggles

That may be the least stylistically coherent, most all-over-the-map playlist I've gotten from Genius yet. And that's a good thing! We're off to a good start for the year. What are you listening to this week?

Wilshire Village Apartments

Normally, another story about another old and rundown apartment complex in Houston being set for demolition isn't that noteworthy, at least for me, but this Swamplot post about the Wilshire Village Apartments struck a chord with me because I used to live practically next door to them. In the early 90s I lived in a duplex on Branard, just east of Woodhead, which cul-de-sacced into Wilshire Village. I once tried to cut through the complex as a shortcut to the Fiesta (then a Safeway or AppleTree, I forget which) and got accosted by an angry dude (I presume a resident) who yelled at me to get the hell out. Anyway, I have no idea why you'd want to demolish a complex that apparently still has paying residents in this economic climate, and I hate the idea of it being replaced by a highrise - that area had too much traffic 15-20 years ago - but that's how it goes around here. Hair Balls has more.

Craddick's cleanup

I'm amused by this.

Before the House voted Speaker Tom Craddick out of his powerful job, state officials wiped his computers clean and deleted scores of electronic files, raising concerns that important public records may have been destroyed.

Files on one shared computer network drive were saved, but unless Craddick specifically requested them, computer hard drives and electronic records associated with individual employees were deleted, officials said.

Craddick left the speaker's office on Jan. 13, returning to the state House as a rank-and-file member without a vast staff and without the sweeping power the presiding officer wields.

The computers were removed from the speaker's office to be wiped clean at 5 p.m. on Jan. 12, said Anne Billingsley, spokeswoman for the Texas Legislative Council, which oversees computer issues for the Legislature. Rep. Joe Straus, R-San Antonio, was sworn in as speaker at noon the next day.

But before Craddick gave up the gavel to Straus, the council let Craddick take what he wanted and deleted everything else, officials said.

"Everything that Speaker Craddick had on his computers as far as data and records, he was allowed to take with him into his (state representative's) office," Billingsley said. "As far as the computers go, they took all the computers for the speaker's office and they got wiped."

Deleting computer files is standard procedure, Craddick's chief of staff Kate Huddleston said. But it's not clear what files were deleted, setting off alarms among government watchdogs.

Fred Lewis, an independent government watchdog, called the deletions "outrageous."

"If it's on a state computer, it's a state record. They're not his records. They belong to the people of Texas," Lewis said. "I think there should be an investigation on whether or not he illegally destroyed state records."

My reaction upon seeing this was, is this really standard procedure? If the commenters on Burkablog are to be believed, apparently so. It would be standard in the business world, but then we don't have open records laws to worry about. This followup story goes into more detail.

[The Texas Legislative Council] said it followed its regular procedures, which included computer "sanitization" guidelines that had been issued in 2003 and revised in 2007. The bottom line: only the legislators themselves -- and in this case former speaker Craddick -- get to decide what to keep and what not to keep.

"The legislator makes all decisions regarding their files," the council said in an unsigned news release on the stationery of council director Milton Rister. "The council simply follows its operating procedures in reformatting the computers for use by other or new legislators."

But state Rep. Tommy Merritt, R-Longview, said Rister should resign over the incident.

"I'm very concerned about records being destroyed the day before the election of a new speaker without anyone in the Legislature in charge of stopping it or preventing it," Merritt said. "Milton Rister needs to resign."

Council spokeswoman Araminta Everton declined to comment on Merritt's request.

Meanwhile, state Rep. Pete Gallego, D-Alpine, said he was filing legislation to prevent such destruction in the future. He said his bill was designed to "preserve the public's right to know about legislative information when a legislator leaves office."

I think that's a better approach. At the very least, there's no reason why a backup of the computer can't be done before the wipe is performed. As for Milton Rister, he's been the subject of controversy since he was first named director of the TLC.

And of course, with Tom Craddick, if it's not one thing, it's another.

Even as fellow House members were wresting him from his leadership post, former House Speaker Tom Craddick directed state officials to renovate his cherished Capitol apartment, spending all but $18.55 from a restoration fund that once totaled over $1.3 million.

The final purchase order -- $45,400 for two historic Texas oil paintings -- was issued just hours before Craddick had to hand power over to Rep. Joe Straus, R-San Antonio, after House members voted him out of the No. 1 post because they didn't like his autocratic leadership style. Straus got Craddick's job as well as the keys to the 1,804-square-foot apartment behind the House chamber.

Private funds, donated from wealthy contributors and lobbyists, were used to pay for the renovation. State employees were also dispatched to perform minor installation work on the project late last year, officials said.

Craddick, a Midland oilman, announced he was withdrawing from the speaker's race on Jan. 4, after it was clear he no longer had a majority of the House behind him. A day later, on Jan. 5, the Texas State Preservation Board approved the expenditure of $124,000 on the apartment, including the purchase of a $75,000 crystal chandelier that had already been hung over the speaker's spacious dining room.

All told, the State Preservation Board -- in charge of modifications to the state capitol -- approved $169,400 in expenditures on the apartment renovation during Craddick's final week in office. The last expenditure, for the oil paintings, was approved just before 5 p.m. on Jan. 12, only hours before the Republican speaker formally relinquished power, records show.

I have to admit, the man does have a certain flair.

A piece of the stimulus pie for Metro

This would be nice.

Houston Metro is due to receive as much as $180 million over the next 12 months from a huge economic stimulus bill to help jump-start construction of two light rail lines, a House committee chairman said Wednesday.

The long-delayed rail lines on the city's north and southeast sides are a "very high-rated project," said Rep. James Oberstar, D-Minn., who heads the House Transportation and Infrastructure Committee. The project, he said, is ready to go and has cleared all but one step of a federal review.

"I will work with the Houston (congressional) delegation and with the Federal Transit Administration to process this project along," Oberstar told the Houston Chronicle.

Asked if Metro's overall request for $410 million from the economic stimulus bill had been realistic, Oberstar replied, "I should think so."

But the veteran lawmaker said the final amount of stimulus money for Metro would depend on action by the Senate and a House-Senate conference committee. Oberstar expects to sit on the conference committee.

If the transit portion of the stimulus package "stays at the $12 billion level (set by his committee), this would be a project in very good standing," he said. The Senate was debating the bill Wednesday.

Whatever it takes to get these long-overdue projects moving, I'm happy for. Keep your fingers crossed. Of course, as Christof and Houston Tomorrow note, Senate Republicans want to divert all that money to highways instead. That's some forward thinking for you there. Hopefully, the Democrats will locate something resembling a spine and turn back those efforts. Yeah, I know.

By the way, on a related note, Tom Abrahams links to the document from the White House that outlines the impact of the stimulus plan on each state; it claims 285,000 new jobs in Texas if the plan passes. Check it out.

And the answer is...more cameras (maybe)

Well, there is some logic to it.

The Houston Police Department is considering changes -- possibly even expansion -- to its red-light camera program after a city-commissioned study showed that crashes went up at intersections where the devices have been installed.

"What we're concerned about is safety, safety, safety at these intersections," said Executive Assistant Chief Timothy Oettmeier, whose command includes the camera system. "We want fewer injuries, we certainly don't want any death, and we want a reduction in accidents."

To meet those aims, the department will evaluate over the next few months whether existing cameras might be redeployed to intersections that continue to see a high volume of crashes and red-light running. They also could add to the 70 cameras now placed at 50 intersections around the city. The evaluation of the program and any options for updating it would be presented to City Council by June 30, Oettmeier said.

Critics said such options are not the best response to the controversial study, which the city released last month.

"If you're putting more cameras at some intersections, what you're going to do is make the intersections more dangerous," said Paul Kubosh, an attorney who represents ticketed drivers in court and unsuccessfully sued to end the program. "That's what's going to be proven out by this."

The report, authored by researchers at Rice University and Texas A&M University's Texas Transportation Institute, showed crashes increased slightly at intersection approaches where cameras had been installed. The number of crashes, however, rose dramatically at unmonitored lanes of those same intersections, leading the study authors to conclude that the cameras had kept collisions lower than they would have been without the devices.

The results led police to look at the data and to determine whether monitoring more than one approach to an intersection was more effective.

One way or the other, we do need to understand what happened at those unmonitored approaches. Maybe the rise in accidents was a fluke, maybe we're just counting them more accurately now, maybe there was some kind of effect from the monitored approaches, however odd that seems to me. We can't make a good decision regarding what (if anything) to do about it unless we have a handle on what happened. I hope that's the top priority, because otherwise we're just guessing.

Not mentioned in this story is the next phase of the camera study, which I hope is being done with accepted methodology. Given the flaws in the initial study, I don't think we know anything more about the effects of the cameras in Houston than we did when we started out. Surely the cameras' critics would be hammering on this if the study had found a decrease in the number of accidents.

Parker polls, King drops out

Annise Parker hits the ground running by releasing a favorable poll on her candidacy for Mayor.

"City Controller Annise Parker is the clear front runner and a strong favorite to make the runoff. Parker is better known than any declared candidate, better liked, and receives solid job performance ratings," according to Parker's polling firm, Lake Research Partners.

"Annise starts the race with a one to two million dollar advantage over her opponents. Annise's opponents, all much lesser known, will have to spend a vast part of their war chests simply to gain name recognition. Meanwhile, Annise will be using resources to grow her advantage, building on her already strong lead and image," said Cynthia Miller and Dean Rindy of Rindy Miller Media, Parker's media consultants.

"The poll we really care about is the one conducted on Election Day," said Parker's campaign manager, Adam Harris. "But these numbers are significant because they show that Annise Parker's opponents are already behind and have a long way to go to catch up."

The poll shows that more than half of voters have heard of Parker and she has a six-to-one favorable ratio among those voters who can rate her (44% favorable to just 7% unfavorable). Parker also receives solid job performance ratings that are more than two-to-one positive. Half of voters (46%) rate her performance as City Controller either excellent (13%) or good (33%). Only 19% are critical (just fair/poor).

When poll participants were asked whom they supported for mayor at the beginning of the poll (before hearing information about the candidates), almost one third supported Parker (29%), while 18% support all other candidates combined. Half were undecided (53%).

You can read the memo from Lake here and from Rindy Miller here (both PDFs), but there's not much more to them. The poll was conducted between January 12-15, and the sample was "400 registered voters in Houston with previous vote participation who are likely to vote in November". Mostly what it tells me is that Parker has good name recognition, as you'd expect a six-time winner of citywide elections to have, and that most of the people who know her like her. There are far worse ways to start out a campaign. She also picked up the very early endorsement of the Houston GLBT Political Caucus, which while not surprising is still a nice thing to have given their recent track record in city elections.

Meanwhile, onetime Mayoral/Council candidate Bill King has sent out an email announcing that he will not be a candidate for anything in 2009. Hair Balls has a brief excerpt, and I've got the whole thing beneath the fold. He says he has "become increasingly concerned, and in some respects, even alarmed at the problems we are facing with regard to our municipal finances", and says he wants to have a "candid discussion" about it, but I presume that will be limited to his blog and maybe some op-eds in the Chron. So there you have it.

UPDATE: I like Carolyn Feibel's summary of King's email.

As most of you know, I have been considering a candidacy for mayor of Houston for sometime. I have recently decided that I will not be a candidate for mayor or any other office in 2009.

There are several reasons for my decision, some personal and some political. Most prominent among these, I believe that my candidacy would likely result in an election that would emphasize partisan and other divides. It is my belief that such an election would not be healthy for the City or, frankly, particularly favorable to my candidacy.

The City is in for some very difficult times over the next several years, especially as it relates its finances. The multiple challenges of crime, crumbling infrastructure, crushing pension debts, falling oil prices and the aftermath of Ike will all weigh heavily. This is hardly a time that we can afford to be divided along partisan or other lines.

As I have attempted to become informed on issues facing the City, I have become increasing concerned, and in some respects, even alarmed at the problems we are facing with regard to our municipal finances. I believe we have made unsustainable commitments that will financially hobble future generations and that it is imperative that we have a candid and realistic discussion of these critical issues.

Before Hurricane Rita while I was still the mayor of Kemah, I began raising the alarm that we were not prepared to evacuate the region in the event of a major storm. Because I held an elected office, many discounted my warnings as political posturing. As a result, little was done and 150 died in the Rita evacuation. I fear that if I begin a discussion of the financial challenges facing our city as a candidate, there will be similar reaction. Perhaps if no political agenda can be attributed to my views, there will be a less skeptical reception.

I want to express my profound appreciation to all of you that have encouraged me to consider a candidacy. The mere fact that so many of my fellow Houstonians have expressed their belief that I am capable of such a leadership position has been a great honor.

I hope that you will stay tuned. We have some important issues to tackle.

First impressions

I've said that I intend to keep an open mind about the Mayoral race, because I just don't know enough about all of the potential contenders at this point. But as the old saying goes, it won't be so open that my brain falls out. Case in point, from Rick Casey's column about Benjamin Hall.

"I think we need to redefine government," he said. "I think a minimalist government is more important than a government that intrudes on all facets of life."

A Harvard-trained lawyer with a divinity masters from Duke, Hall has a way with words: "The only government we need is the government we need," he said. "We don't need any more."

You know what? After 30 years of Republican rhetoric about government being the problem and the need for "smaller" government, and after the Bush administration's eight-year demonstration that those who have contempt for government don't belong in it, I have no patience for this kind of talk. Now maybe Hall wasn't being very clear about what he really meant - maybe Casey got lost along Hall's way with words and didn't capture his true intent. As Greg notes, Hall's stated priorities aren't exactly indicative of someone who's bent on "minimalist government". Maybe I'll like what he has to say better the more I hear him talk. But man was this ever not a good first impression on me.

That Gallup poll of partisan preferences

I'm sure by now you've seen that Gallup poll, which measured party affiliation in all 50 states and showed Democrats to have a slight edge, by a 43-41 margin, over Republicans in Texas. For a discussion of the methodology, you should of course read Nate Silver. I'll note simply that while the national trend is for those who call themselves independents to lean Democratic, I don't believe that to be the case here. For the most part, I think independents here are still folks who tend to vote Republican, though not monolithically as perhaps some of them once did, but aren't calling themselves Republican any more. My best guess would be that these voters are similar to many of the now-Democratic-leaning independents elsewhere in the country, but who have mostly switched to Democrats at the local level. If and when they start voting for Democrats at the state level, then the description of Texas as "competitive" will be more fitting.

That's one of the points that Burka raises in his lengthy analysis, with which I largely agree. Where I do disagree is that I think the Democrats can raise enough money to compete at both the state and local levels. There hasn't been any focus on this - all the emphasis has been on local races, with great success - and the lack of a bench is a real problem as well. There's just very few Democrats who start out with any kind of name recognition, which makes the hill that much steeper to climb.

But I do believe the money is there to make statewide races competitive. Not as much as there is for the Republicans - the advantage they have as incumbents is the ability to stockpile funds in a way that the Democrats cannot - but enough to be in the same ballpark. There are many more sources for raising funds for local races now, and a lot of that hasn't really been tapped for statewide efforts. There's still a lot of money being raised in Texas for races outside of Texas - the Presidential race, and that million dollar DSCC event from 2007 are two examples of this. And frankly, there's a lot of Democratic incumbents (plus a few now-retired officeholders) at all levels of government, in safe seats, sitting on millions of dollars that could be used to help win other races. I don't blame any of these folks for raising all that money for themselves, but I do wonder if any of their donors ever wonder why it is that we can't seem to compete statewide. Seems to me there's a connection there that maybe some of them ought to consider.

Is KBH overstating her support?

Evan Smith says not everyone whom Kay Bailey Hutchison says is supporting her for Governor is actually supporting her for Governor.

Ever since Kay Bailey Hutchison semi-kicked-off her race for governor in Austin a couple of Saturdays ago, I've been hearing from people not connected with the Perry campaign that several of the folks on her now-famous list of supporters were not, in fact, committed to her campaign. One such uncommitted soul, former Austin mayor Roy Butler, approached me at a gala for UT's Blanton Museum on Saturday night and explained that he's been a donor to both Kay and Rick -- has had fundraisers for both, in fact -- and never intended to take sides in the primary. He couldn't believe his name was used, he said, without being asked first.

There were two other possibilities as well, though neither could be confirmed sufficiently to be named. In a sense, this is a small thing - nobody really cares, or is likely to vote for KBH or Rick Perry, based on whether or not Roy Butler was planning to vote for one or the other. But claiming to have someone's support when you don't, especially if it starts to look like a pattern rather than a one-off mistake, is the sort of thing that can make an otherwise undecided voter turn against you. And you can be sure if there's anything to this (and likely even if there isn't), Rick Perry will club her with it. So keep an eye on this, because it could easily turn into the kind of "candidate stumbles" narrative that the press loves about putative frontrunners.

The next US Attorney in Houston

Now that we finally have an Attorney General, we also have a lot of people who would like to work for him.

The U.S. attorney wannabes who confirmed for the Houston Chronicle that they are interested are Harris County District Judge Marc Carter, Galveston County District Judge Susan Criss, lawyer and ex-prosecutor Philip Hilder, Assistant U.S. Attorney Cedric Joubert, Assistant U.S. Attorney Ken Magidson, lawyer and ex-prosecutor Ricky Raven, lawyer and ex-prosecutor Eric Reed, lawyer Larry Veselka and lawyer and ex-prosecutor Susan Strawn.

U.S. Rep. Lloyd Doggett, D-Austin, is collecting applications. His office confirmed that Assistant U.S. Attorney Mark White III and Cameron County District Attorney Armando Villalobos have expressed interest in the job.

Some others whose names are being discussed have pulled themselves off or seem equivocal.

Brownsville lawyer Benigno "Trey" Martinez said he is out of the race since he decided not to uproot his family. Ex-Houston Police Chief Clarence Bradford said he was encouraged to seek the position but probably won't.

The U.S. Southern District of Texas, headquartered in Houston, covers 43 counties and runs down the coast from Galveston to Brownsville and as far west as Laredo. The Houston-based U.S. attorney is one of four top federal prosecutors in Texas.

Those four prosecutors are Tim Johnson of the Southern District, who was an interim appointment, Johnny Sutton of the West District in San Antonio, James T. Jacks of the North District in the Metroplex, and Rebecca Gregory of the East District in Beaumont. I don't know what the normal procedure is here for US Attorneys when there's a new President, especially one of a different party, but I would assume at least one more of these offices will open up. Not to be too crassly political about it, but given the thinness of the Democrats' bench for statewide office, these would be plum positions for someone with higher ambitions.

Most of those seeking the job are Democrats, though Magidson just finished filling a Republican term as Harris County district attorney. White's father was the former Democratic Texas governor. Hilder and Veselka were active in President Barack Obama's campaign.

And Judge Marc Carter is a Republican as well. I'm happy for him that he's interested in the job, but with all due respect, he can get in line behind the Democratic hopefuls.

Hurricane relief spending

So as noted, hurricane relief has been designated as emergency items by Governor Perry for the Legislature. They will have their work cut out for them.

Ike and two other hurricanes -- Dolly and Gustav -- struck Texas last year and took a $1.7 billion chunk out of the current state budget, legislative analysts told the Senate Finance Committee on Tuesday.

The news may force lawmakers to tighten spending even further for the 2010-11 budget cycle or dig deeper into the state's rainy day savings account.

I'm sorry, but I don't see how this is even remotely a difficult choice. We have over $9 billion in the Rainy Day Fund. Hurricane damage would seem to me to be the epitome of that fund's purpose - you can't get much rainier than a hurricane, after all. Especially in tough times, when across the board cutbacks are already being proposed, why wouldn't you use the Rainy Day Fund for hurricane relief? I really can't think of a good reason.

Complicating the picture is the uncertainty over the state's continuing effort to persuade the federal government to pick up much of the hurricane tab.

Most of the state's storm-related costs, $1.6 billion, were blamed on Ike. They include damages to buildings and other facilities, overtime and travel expenses for state troopers and other emergency workers, evacuation costs and emergency supplies.

[...]

Much of the money could be reimbursed by the federal government, but state officials remain in a protracted dispute with Washington over how much the Federal Emergency Management Agency should pay.

Perry spokeswoman Katherine Cesinger blamed the dispute with FEMA for Texas' failure to pay $134 million still owed bus companies and other vendors who helped the state during the Ike emergency.

Following questions raised by Senate Finance Chairman Steve Ogden, R-Bryan, she said the bills will be paid.

"Is the credit bureau calling us?" Ogden asked "We are not broke. Why aren't we paying these bills?"

The potential federal reimbursement to state government for hurricane-related expenses could be as much as $1 billion, the Legislative Budget Board estimated.

I don't even know what to say about this. The amount in dispute is, relatively speaking, a pittance. An amount eight times as much hinges on it. What the hell are we doing?

Ed Gonzalez kickoff event

Ed Gonzalez will have a campaign kickoff event for District H next Wednesday, February 11, at Irma's Restaurant downtown from 5:30 to 7 PM. You can get all the details here (PDF).

We're rapidly approaching the filing deadline for the May special election, and from there it's going to be an absolute sprint to the finish line - well, the first finish line - in May. As we know, there are seven declared candidates so far, with two more in the wings. That can all change, but for sure this is going to be a crowded field, and everyone in the running is going to be hard-pressed to get their message out. I'll do whatever I can to pass along event announcements and other news, and of course I'll be working on doing interviews with everyone. If you're a candidate or associated with one, and haven't contacted me, please do so I can make sure I get your information as well.

Along those lines, the Greater Heights Democratic Club is planning a District H candidate forum for March 19 at 7 PM, location to be determined. They do not have current contact information for Lupe Garcia, Rick Rodriguez, Yolanda Navarro Flores, or Diana Davila Martinez. If you are one of these people or know how to contact one of them, please drop me a note with an email address and/or cell number so Kevin Hoffman and the GHDC folks can get in touch with you. Thanks very much

Finally, I note that Gonzalez was at that Heights crime prevention townhall meeting, and posted a report about it on his blog. So there you have it.

Saavedra to step down

In 2010.

Houston ISD Superintendent Abelardo Saavedra plans to step down from his post by spring of 2010, he announced this morning.

"I have recently informed the school board of my intention to retire within the next year. I want to make sure that the board has adequate time to conduct a comprehensive national search for my successor," he said in a written statement. "Selecting a superintendent is the most important decision that a board makes. Making the right decision ensures that the progress that we have made as a district, as a community, will continue forward. I have full confidence the board will select an individual that will take this district to the next level of performance.''

[...]

Saavedra has led Texas' largest school district since June 2004, first serving as interim superintendent before being named the permanent chief a few months later. He is the Houston Independent School District's first Hispanic superintendent.

Saavedra, who will turn 58 later this month, has had a rough run lately, from the district's $805 million bond referendum barely passing in November 2007 to the recent parent outcry over his proposal to reduce busing to the popular magnet schools. Several school trustees have repeatedly criticized Saavedra's poor community skills, saying he fails to reach out to the community and to the school board.

However, student test scores and school ratings under Saavedra's tenure have generally risen, and the district announced last week that Saavedra's performance earned him a $77,500 performance bonus on top of his annual $327,000 salary.

That more or less captures my opinion of the man. He's done some very good things, and he's done some things that have made me shake my head and say "What the hell was he thinking?" Whoever replaces him will have some big challenges, but will also have a system that has a lot of good things going for it. Building on those good things, replicating their own successes within the system, and improving on HISD's openness and communications with its stakeholders will be the top priorities. Best of luck to Saavedra in whatever he wants to do next, and to HISD in finding his successor.

A list of who has actually filed treasurer's reports so far

Noel Freeman did us all the public service of trooping over to the City Secretary's office and compiling a list of people who had filed treasurer's reports as of Monday for election to a municipal office in 2009. As I discovered last week, they don't give that information out over the phone, so this is the only way to know for sure who's in and who's not, at least for now. Here's what Noel was able to find:

Mayor

Annise Parker
Gene Locke
Roy Morales
Peter Brown
Ben Hall

At-Large 4

Noel Freeman

District A

Alex Wathen
Jeff Downing
Brenda Stardig
Bert Schoelkopf

District E

Wayne Garrison

District F

Mike Laster

District G
Oliver Pennington
Mills Worsham

District H
Lupe Garcia
Rick Rodriguez
Ed Gonzales
Maverick Welsh
Karen Derr
Hugo Mojica
Yolanda Navarro Flores
Diana Davila Martinez
Gonzalo Camacho

The names in italics are folks who are at least rumored to be running but who have not yet filed. Nobody has made a move towards At Large #1 yet, currently held by Peter Brown. I figure no one will do so until he does his formalities for the Mayor's race. I see freshman Member Mike Sullivan has an opponent - he's the only incumbent so far to get one, though he surely won't be the last. Lupe Garcia in District H is a new name to me - I've just stumbled across a Facebook group in support of his candidacy, but the man himself doesn't appear to have a profile. Does anyone know anything about this person? Yolanda Navarro Flores had not filed as of Monday, but yesterday afternoon a press release announcing her candidacy (reproduced beneath the fold) appeared in my inbox. I also got a release for Mike Laster, who had filed but hadn't made a formal announcement yet; that release is beneath the fold as well. Finally, there's a release from Noel Freeman about a Facebook fundraising campaign he's got going on. Miya and Greg have more. Anybody hearing anything else they'd like to add?

I'll say again, I do not know why this information is not available on the web. I cannot think of a single good reason why it shouldn't be. From the conversation I had with someone in the City Secretary's office, I get the impression that this is extra work to them, which is probably why it's not any kind of priority for them. It seems to me that the right answer is for the city to hire someone for whom handling elections and election-related activities like campaign finance reports is their primary duty. It was kind of amusing that the city didn't get around to posting campaign finance reports online until 2007. It's deeply embarassing that we can't even get a list of candidates who have filed a simple report, not to mention a peek at those reports themselves, in 2009. What century are we in again? Let's get with the program already.

Flores release:

erves as a Trustee of the Houston Community College Board representing District 1. The District H Special Election has been called for May 9, 2009.

"We are living in difficult economic times and face difficult choices. I want to make sure public safety and vital city services are delivered efficiently to District H. I strongly believe I offer the residents of District H a public servant with proven leadership, experience, and accomplishments. I have been encouraged by many neighborhood activists throughout the District to run for this very important position and be their advocate at City Hall", said Navarro Flores, a lifelong resident of District H.

Navarro Flores was elected to the Board of the Houston Community College in 2001 and was reelected in 2007. In 2008, she served as Board Chair. Under her leadership, the tax rate was reduced for the first time in HCC history. Student enrollment also surged to the highest number ever achieved. The development of the Northline Campus is another example of Navarro Flores giving tirelessly to HCC. She is also a former member of the Texas House of Representatives (1993-1995).

A former girls' softball coach, Navarro Flores has mentored hundreds of young people in her North Side community by helping them build self esteem and to find their place in society. She was also a founder of the Hispanic Education Leadership Committee, an entity that has awarded thousands of dollars in scholarships to HCC students.

Navarro Flores has a bachelor's degree in radio and television communications from Texas Southern University and a law degree from the University of Houston Law Center.

Navarro Flores is a member of Lindale Civic Club, Houston Heights Women's Club and a Sustaining Member of the Harris County Democratic Party. She was inducted into the National Scholars Honor Society in 2007, was named YWCA Outstanding Hispanic Woman and is a previous recipient of the Rising Star award of the Harris County Democratic Party. She is also a member of numerous professional organizations, including State Bar of Texas.

Navarro Flores and her husband Larry reside in Lindale. They have two children and six grandchildren. The Flores' attend Christ the King Church.

Laster release:

Attorney and civic leader Mike Laster officially announced his candidacy for City Council District F today.

"For the past 12 years I have dedicated myself to the improvement and success of our community," said Laster. "From neighborhood protection and crime prevention to helping establish new ways to improve our area's infrastructure and development, I have been privileged to work alongside my neighbors and area business leaders in building a better community. I want to use that experience to be a strong advocate for the many communities of southwest Houston. I look forward to continuing my public service as District F's new council member."

Laster added that expanding and increasing Houston Police Department and Houston Fire Department funding for District F will be his top priority. He will also emphasize the need for infrastructure investment to improve roads, water lines, sewers and all public facilities; encourage and promote commercial and business development in District F; and will work hard to provide quality constituent services to the citizens of District F.

An attorney specializing in real estate, Mike Laster has an extensive record of civic involvement. He currently serves as Chairman of the Sharpstown Tax Increment Reinvestment Zone and Redevelopment Authority, Secretary and founding Board Member of the Greater Sharpstown Management District, and is a Board Member and former President of the Sharpstown Civic Association.

Freeman release:

Houston City Council candidate Noel Freeman's fundraising efforts officially hit cyberspace on Monday with the Facebook Four by Four in recognition of his race for At-Large Position 4.

His mission: to raise $4,000 in just four days from users of the popular social networking website Facebook, and less than a day into the effort, it appears to be paying off.

"In the span of ten minutes we watched $500 roll in." Freeman said. "All it takes is just $10 at a time to make a difference, and a lot of people want to be a part of what we are doing."

Inspiration for the online effort came from Freeman's extensive volunteer work for President Barack Obama's presidential campaign, which embraced supporters' willingness to contribute in small amounts. The Facebook Four by Four runs through Friday, February 6th. A link for more information can be found at http://www.facebook.com/event.php?eid=59485120311

"Not everyone can afford to give $100 or $500, but they might not miss $5 or $10 a paycheck. That's lunch and a cup of coffee." Freeman added. "We'll make sure they get an invitation to an event with food - I can't have my supporters licking envelopes on an empty stomach."

Reliant roof repaired

And just in time for rodeo season.

Reliant Stadium's retractable roof has lost its gap-tooth look and should be as good as new in plenty of time for the Houston Livestock Show and Rodeo, which runs March 3-22.

The five giant panels that were torn asunder by the fury of Hurricane Ike -- or debris flung through the air by the storm -- in the wee hours of Sept. 13 have been replaced and the process of tightening, stretching and waterproofing the new pieces is well under way with completion expected by mid-February.

[...]

The repairs, to be paid for by Harris County's insurance policy on the stadium and FEMA funds, are going to cost approximately $4 million. Investigators for Birdair and the insurance adjusters are just now beginning to study the damaged panels to determine why they came down, but there's some evidence to suggest they were struck with airborne projectiles pried loose from nearby structures.

Glad they were able to get it done. And it means that the Texans will be able to close the roof as they had done before. Staphanie Stradley suggests what their policy on roof closings should be based on the open-roof experience they had this past year.

Somewhat ironically, that story appeared on the same day as this one.

Donations to speed the Gulf Coast's recovery from Hurricane Ike have slowed dramatically, and two of the three major funds say they are ending their efforts to raise money.

"If someone comes in, we're happy to talk to them but we're not in an active fundraising mode," said Ann Neeson, vice president of donor relations at the United Way of Greater Houston, which raised $5.8 million for hurricane recovery.

Ditto for the Gulf Coast Ike Relief Fund. It has raised $11.8 million, and administrators expect to have all the money distributed by late next month.

The need, however, remains.

"Twelve million dollars is a lot of money until you start giving it out based on the needs," said Albert Myres, a Reliant Energy executive who is administering the Ike Relief Fund. "Could we have used $50 million? Probably. Easily."

Those on the front lines agree.

"I get calls, and people are crying," said Julie Reid of the Lutheran Inter-City Network Coalition-Houston. "They're ready to give up because Houston has basically moved on."

Windstorm insurance and hurricane relief are two of the issues that have been designated as emergency items by Governor Perry for the ongoing legislative session. That means any bills passed and signed can take effect immediately, instead of after 90 days as is the norm. Maybe that will help some, and maybe there'll be more federal money coming. Whatever it is, it won't be enough.

Memorial Park bridge

Very cool.

Friday was a beautiful place to be in Memorial Park. But the mayor was there for a different reason: the start of construction on a new bridge, funded by the Memorial Park Conservancy, that will be open later this year. It will link the north and south sides of Memorial Drive just east of the railroad tracks.

The project should be complete by the end of the year. Click over for more.

Exonerating the deceased

One of the things Eric Berger focused on in his story about the relevance and importance of Charles Darwin some 200 years after his birth was the rise of DNA and its application to criminology. Today, DNA evidence is as well known for freeing the innocent as it is for convicting the guilty. Sadly, sometimes that evidence comes too late to actually set the wrongly-convicted person free, as is the case with Tim Cole of Lubbock. But that doesn't make his exoneration any less important. Read his story and think how many others like him there must be.

UPDATE: The Lege pays honor to Timothy Cole. Grits has more.

Heights crime prevention townhall report

Here's the Chron story on that crime prevention townhall meeting in the Heights that I mentioned the other day.

In response to several recent home invasions and a rash of burglaries in and around Houston Heights, city officials have given the Houston Police Department more money for additional patrols and overtime, Chief Harold Hurtt told a neighborhood meeting Monday night.

"We really do understand your concern, and we are doing everything within our resources to make Houston a safer community," Hurtt told an overflow crowd in a small meeting room at the Houston Heights public library branch.

Crime in January was down 19 percent in the largely affluent area compared to the same period in 2008, just as crime last year was down compared to 2007, Hurtt said at a town hall meeting sponsored by U.S. Rep Sheila Jackson Lee, who ran the event.

But a significant increase in home burglaries and robberies in January and the publicized home invasions, rare for this part of the city, have increased public concern.

"We've had four home invasions since the first of the year ­­-- that gets everybody's attention," said Capt. Mark Holloway of HPD's central patrol division, which includes Houston Heights, Woodland Heights and adjacent neighborhoods.

"Robberies are crimes that instill fear in everyone," he said. "I spoke with the robbery captain today, and he's utilizing every resource at his disposal to apprehend those responsible."

Good to hear. It is the home invasions - one in particular that involved an armed robber accosting a man and his child, and firing a couple of shots at them as they made an escape - that has stirred up the most anxiety, going by the neighborhood message boards. There's been talk about funding constable patrols and other things like that. You can be sure that all the District H candidates will get a thorough vetting on these points as well.

Two challengers for Dunbar

Cynthia Dunbar, one of the loonier members of the State Board of Education, has at least two Austin-based Democrats considering challenges against her in 2010.

In the past two days, party activist Susan Shelton confirmed to me that she definitely plans to challenge Dunbar, and University of Texas math professor Lorenzo Sadun said he's "very likely." Sadun also told me he's heard "as many as a dozen people are thinking of running" as Democrats.

"Yes, I'm running," Shelton told me at the Central Texas Democratic Forum on Thursday. "I've been reading Dunbar's book, and we need somebody less extreme in there.

"I had to run," Shelton continued. "It's a cliche, but I'll need somebody to take care of me in my dotage, and I need them to be educated. There was no way I could not do this."

I met Susan at the state Democratic convention last year, and I recall her talking about this at that time. I'm glad to see her follow through. Both she and Sadun would be vast upgrades over Dunbar.

Shelton emphasized that she will not begin actively campaigning until after Austin's May 9 municipal elections. She serves as political director for Lee Leffingwell's mayoral campaign, and said she wants to focus on "one race at a time."

Sadun said that if he finally makes it official, he'll also wait until after the muni contests. He said he also wants to wait to see he results of several SBOE-related bills before the 81st Texas Legislation, which will wrap up June 1. "None of them are likely to go anywhere," Sadun opined, but if a bill by Austin Rep. Donna Howard to make SBOE elections nonpartisan is successful, "that will change everything. ... Then the election would be in November with no runoff. In that case, we must not have the anti-Dunbar candidates splitting the vote."

While I can understand the appeal of Rep. Howard's bill (HB420, for which Rep. Ellen Cohen is listed as a coauthor), I don't really think it solves anything. What I would expect to happen is that there would be fewer votes cast in these already-obscure elections, and that fewer voters would have any real idea about the candidates and their positions. At least with the label of a political party, you have some expectation that the candidates each have a set of beliefs that fall roughly within a certain spectrum. Under HB420, you'd have even less than that. A better solution to de-mystifying these low-information down-ballot races would be to ensure the candidates have the resources to make themselves known to the voters, which implies some kind of public campaign financing scheme. As that's a non-starter around here, I'd prefer either abolishing the SBOE altogether, as Sen. Rodney Ellis is seeking to do, or greatly expanding its size, so that each district is smaller and thus cheaper in which to run - SBOE districts are now twice the size of Congressional districts - to making the races nonpartisan. All due respect to Reps. Howard and Cohen, but I hope this bill goes nowhere.

UPDATE: If you're in Austin, you totally need to see this. And please, take video and post it on YouTube. Thanks very much.

Report: Most elected officials refuse to contribute to their own prosecution

That's what the headline to this story should read.

Public records examined by the Austin American-Statesman show that most elected officials who have been stopped on suspicion of driving while intoxicated in recent years have declined to consent to a blood or breath sample.

The newspaper reported Sunday that it turned up cases involving more than a dozen elected officials in Texas -- including representatives, senators, judges and commissioners -- in which police on the scene asked for a sample to determine whether the driver's blood-alcohol concentration exceeded the 0.08 legal limit.

Except for two cases, both of which occurred outside the state, the politicians refused, the paper reported.

"Among the general public, the refusal rate is about 50 percent, but at the Capitol, the refusal rate is about 100 percent," said Shannon Edmonds, governmental relations director for the Texas District and County Attorneys Association.

[...]

"Many people refuse to blow; it's a growing problem in Texas," said Karen Housewright, executive director of Texas Mothers Against Drunk Driving. "But we like to think our elected officials would behave as role models and hold themselves to a higher standard."

That's one way of looking at it. Another is to note that most elected officials are knowledgeable enough to realize that breathalyzer tests have high rates of error, and consenting to take the test can only help the prosecution. Which, despite the fulminations of MADD and the TDCAA and Williamson County DA John Bradley is not something that anyone accused of a crime is required to do. In fact, as the original story notes, all of the elected officials in recent years who had been pulled over for DWI and refused to take the breathalyzer test wound up either being acquitted or having the charges dismissed. With a track record like that, who among us wouldn't do the same?

Now, if you want to argue that there's a certain hypocrisy here, especially with state legislators who routinely vote to get tuff on crime as long as it applies to someone else, I won't dispute that. But as long as we still have the freedom to not make it any easier for the state to prosecute us, I don't have any objection to those who exercise that freedom.

More on lowering the drinking age

I've blogged before about the Amethyst Initiative, and the arguments for and against their efforts to lower the minimum legal drinking age from 21 to 18 to combat what they call "a culture of dangerous binge drinking" on college campuses. Whatever you may think of this, some state legislatures are paying attention. The Thicket reviews some of the legislative action so far, and has a short podcast that discusses the reasons why this has gained traction, and the potential consequences from a federal funding perspective for any state that takes the plunge. Check it out.

Texas blog roundup for the week of February 2

Remember when most Super Bowls were duds, and the real excitement came in the earlier playoff games? That doesn't have anything to do with this week's Texas Progressive Alliance blog roundup, but I thought I'd say it anyway. Click on for the highlights.

In her first ever YouTube video, TXsharon shows the emissions boiling into the air when a Barnett Shale gas well undergoes hydraulic fracture.

jobsanger examines the modern Republicans who call themselves conservatives, but have betrayed the beliefs and philosophical standards of past conservatives in Where Are The Real Conservatives?

Nat-Wu at Three Wise Men has something to say about the student loan mess that's making it impossible for many young adults to attend college these days.

The Texas Cloverleaf shows that pictures can tell a thousand words. And the pictures of ships at anchor in Singapore is telling the world we are screwed.

Burnt Orange Report discusses the over 22,000 voters being purged from the Hidalgo County Voter Rolls.

CouldBeTrue of South Texas Chisme explains how the Republican free market principles work in real life using contaminated peanut butter as exhibit A.

Redistricting isn't just a state issue. The City of Houston is under pressure to redraw its City Council lines Off the Kuff takes a look at where this stands.

BossKitty at TruthHugger is amazed at the social progress creeping around the world. America elects a half black, half white President. Iceland appoints an openly lesbian Prime Minister. Whats next? Yes We Can - Iceland Courageous

Easter Lemming Liberal News writes his congressman while considering the Republican death spiral.

WhosPlayin announced 46,000 layoffs this past week - just in the blogging industry.

WCNews at Eye On Williamson points out John Carter's latest shenanigans in Carter's political ploy, the "Rangel Rule".

Things can get pretty ugly between fans of competing sports franchises and we at McBlogger were not immune as Cap'n Kroc and Harry tear each other apart.

Over at Texas Kaos, Libby Shaw's keeping an eye on Senator Jackass of Texas as he tries to heighten his national profile at the expense of American families. in his latest hit, the buckskin fringed one votes against children having health care. Again.

The Republicans are having an identity crisis, and the election of Michael Steele as RNC chair is not likely to help them solve it. PDiddie at Brains and Eggs observes that Rush Limbaugh is still calling the shots, and they are all cheap.

Neil at Texas Liberal offers some thoughts on city elections in Houston.

John Coby at Bay Area Houston publishes what Rick Perry really said at his campaign kickoff speech in the Capitol.

Parker to announce for Mayor today

City Controller Annise Parker will formally announce has candidacy for Mayor today.

"Houstonians want a mayor who can lead the city through tough economic times, and a mayor who can continue our forward progress with jobs and neighborhoods," she said in an interview last week.

"I have the skill set to do these things," she added as she prepared her announcement -- an e-mail blast referring voters to an online video of her speaking to voters.

Parker, 52, started thinking about running for mayor long before the nation's economic picture grew dark. But now that, in her words, "the No. 1 issue is going to be the economy and jobs," Parker is touting the ways she can cut city expenses. She's also worked as an engineering technologist for an oil company and as co-owner several years ago of a feminist bookstore.

[...]

She has about $230,000 in leftover funds from prior campaigns and is announcing her mayoral candidacy on the first day candidates are allowed under city ordinance to raise money for the contest.

Councilman Peter Brown also is running for mayor, and others edging close to joining the race include former City Attorneys Gene Locke and Benjamin Hall III, former Gov. Mark White and Harris County Department of Education Trustee Roy Morales.

As with District H, I intend to keep an open mind for as long as possible about who my preferred choice for Mayor is. I like Parker and Brown, and I don't really know enough about Locke or Hall or White to fairly assess their candidacies. (I'm pretty sure I won't be voting for Roy Morales. Sorry, Roy.) Having said that, if the election were today, Annise Parker would get my vote. I think she's got the best combination of skills and experiences. Still, I want to see how the campaign goes and how the candidates engage the issues. I want to hear what everyone has to say.

Parker got her start in local politics as a civic association president and leader of what is now the Houston Gay, Lesbian, Bi-sexual & Transgender Political Caucus.

Gay rights and the candidates' personal lives have been broached as issues in most major Houston mayoral races of the last 30 years. About the voters' mindset on those topics, Parker said, "Houstonians are interested in who can manage the city."

She said that because of her previous campaigns, "Houstonians know me."

I will say this: Any candidate who makes an issue of Parker's sexuality, or who doesn't distance himself from an ally who does, will be rejected from consideration for my vote. I hope it doesn't come to that, but if it does, that's how it will be.

UPDATE: The email announcing Parker's entry into the race is out. Her website is here, complete with a blog and an announcement video that's also available on YouTube. Email is reproduced beneath the fold.

Dear Friends:

I want you to be the first to know that it's official: I am a candidate for Mayor of Houston. I hope you will take a moment to watch the video below and learn more about the campaign at my new website: www.AnniseParker.com .

I am proud to have worked closely with Mayor Bill White - who is not running for re-election due to term limits - and many other leaders to make progress for Houston.

I am running because I am the most qualified to lead our city through tough economic times - and to make sure Houston keeps moving ahead.

* I have a plan to create jobs , secure Houston's future as the headquarters for new energy development and maintain fiscal responsibility . Read the plan at my website, and offer your ideas in our Houston Speaks section.

* As City Controller, I've used tough, independent audits to uncover millions of dollars in waste due to inefficiencies, redundancies and outright fraud. That money is now funding our police and fire departments, important after-school programs and senior centers.

* I've managed billions of Houston's tax dollars - and today, Houston is in much better shape than other cities that gambled their futures on risky investments and irresponsible budgets.

I love this city. I want to make sure it stays the best place in America to live and raise a family . And in this difficult economy, our next mayor will have no room for error.

The November 3 election may seem far away, but there is much to do. That's why I'm starting early - and asking you to join me now - so that we can make sure our city keeps moving forward.

Thank you.

Annise Parker

White gets to a big fundraising start

I was pretty sure Bill White would be able to raise a ton of money for whatever office he wanted to run for next. So far, that's true.

Houston Mayor Bill White raised more than $640,000 in his first 15 days campaigning for the U.S. Senate seat being vacated by Kay Bailey Hutchison, according to a federal campaign finance report filed Saturday.

White, who announced his campaign in December, also donated $120,287 to his effort and began this year with $737,000 in the bank. All the money raised by White for his Democratic campaign came from individuals.

The only other Democrat in the prospective race so far, former Comptroller John Sharp, did not create a campaign committee until Jan. 2. He will not report any fund-raising numbers until April.

That ought to be an interesting comparison. I have no idea if there's enough room for two high-profile Democratic Senate candidates to raise the kind of dough they'll need for an election whose date is unknown. Will people tell them to come back when there's a date set? Or will they want to be in on the ground floor and hope to bigfoot the other guy out of this race? Heck if I know, but White's got the early marker down. He's got more cash than anyone else in the race so far. I don't know how much that's ultimately going to help for this particular race, given its dynamic, but it sure can't hurt.

Evolution in action

A common refrain I hear from scientists when another political controversy over the teaching of evolution arises is that they need to do a better job of explaining what they do and why it matters. Well, when the scientists get serious about that, I suggest they give the Chron's Eric Berger a call, because as his Sunday page one story shows, he knows how to talk about evolution in a way that will feel important and relevant to anyone whose mind isn't set against it. You can give him an "attaboy" here if you're so inclined. Regardless, read the story, and share it with whoever you know that needs to read it. Muse has more.

Time for a Saint Arnold update

Things are going well on the new brewery construction front.

Saint Arnold Brewing Co. is leaving its 30,000-square-foot, leased facility at 2522 Fairway Park Drive in the Heights and moving to a three-story, 90,000-square-foot brick building at 2000 Lyons Ave., just north of Interstate 10 and east of Elysian Street.

The facility was previously owned by the Houston Independent School District.

Owner Brock Wagner, a West University Place resident, hopes to make the move by June.

Wagner said business has grown by about 25 percent each year.

"I knew the current facility was going to reach its production limit in the not too distant future," Wagner said.

[...]

Dedicated to urban revitalization, Wagner felt the best place was downtown, but most buildings were in terrible shape or owners wanted "ridiculous amounts of money" for them, he said.

"When we opened, we had two goals: to brew and sell the best beer in Texas and to create an institution Houston was proud of," he said. "As part of that it seemed to make sense that we were centrally located."

He found the building at 2000 Lyons Ave., which HISD used as a frozen food distribution warehouse. Initially, the district planned to demolish the building, built in 1914, because most businesses couldn't use the building with larger freezer space, Wagner said.

From an operational standpoint, the building wasn't perfect for the brewery either. But Wagner said he hated to see an old building with so much character abandoned.

He purchased the building and land plus a 79-space adjacent parking lot for $1.18 million.

Wagner is spending $6 million to prepare the building for the brewery, including adding 12,000 square feet.

There will be more bathrooms, air conditioning, and weekday tours. It doesn't get much better than that.

The odd thing about this story is that statement that the existing brewery is in the Heights. I had no idea that the Heights extended outside Loop 610, and I've never heard this location being described as being part of The Heights before. But hey, this was in the Heights/Neartown version of the Chron's "This Week" section, so it had to be connected somehow. Whatever.

In any event, you can see a recent picture of the construction here. That comes from the Saint Arnold Twitter feed. If you're already on Twitter, you surely already follow Saint Arnold there; if you're not, perhaps this will serve as a reason to join up. They really know how to use social networking software over there. More on the brewery move here and here.

Weekend link dump for February 1

You're probably watching the Super Bowl instead of reading this, but what the hell...

Tough times for MAD magazine.

"It's pronounced PENNIS-ton". Yeah, that'll help. Via The Bloggess.

Make your own Obamicon.

The more that Tom DeLay is frightened by President Obama, the more hopeful I am for the future.

I'm sad I was unable to attend the Second Annual One Pot Showdown at the Saint Arnold brewery last Sunday. I'm amazed that there has been so much controversy about the judging and whether or not one of the winning teams abided by the spirit of the "One Pot" rule. I'm hopeful I can attend this great event next year at the new location. And I'm very happy that we have such a cool thing in this town as a microbrewery that hosts fun events like this.

Caution! Zombies! Ahead!!!

How do you rebrand stupid? Via Greg.

Jessica Alba versus Bill O'Reilly. Jessica Alba wins.

Eat dirt. It's good for you.

You know, when I was your age, we didn't have these fancy Facebook groups to show our love for the Swedish Chef. We had to subscribe to the Usenet group alt.swedish.chef.bork.bork.bork. And we liked it that way! Now get off my lawn!

It really can't be said too often: Rep. John Culberson is an idiot.

Heavy metal laundry tips. Via Patrick.

How Twitter was born. Via Cali Lewis, on Twitter of course.

Locke files his treasurer's report

Former City Attorney Gene Locke has filed his treasurer's report for the Mayor's race. I've got his press release beneath the fold. He was joined in doing so by City Controller Annise Parker and (be still my heart!) Roy Morales, who says he plans to "merely raise money with which to explore the idea of running". And if that isn't a vision that will have them swooning in the aisles, I don't know what is.

There are two other hopefuls who have not yet filed their reports. One is Council Member Peter Brown, whom everyone knows is running. The other is another former City Attorney, Benjamin Hall, who apparently was about to announce his entry into the race until he got a phone call from Locke. What happened isn't clear, but Locke has made his announcement, and Hall as yet has not. And a lot of people I know are talking about it.

Today's Chron talks about how the Mayor's race keeps starting earlier and earlier - in 1991, Bob Lanier and Sylvester Turner made their announcements in the summer, and that was to challenge an incumbent, Kathy Whitmire. The story also notes that former Gov. Mark White is apparently "still strongly considering entering the race", which is the first I can recall hearing of him in awhile. I really don't see what his path to victory is, but stranger things have happened.

And finally, a note on campaign tactics:

When the Internet was not yet in general use, Lanier and Turner used debates, news coverage and heavy advertising on TV and radio to promote their candidacies.

This year's contenders will use those tools and go far beyond, [Rice University political scientist Bob] Stein said, following the Obama campaign's use of on-line networking and fundraising, as well as using computerized data about voting habits and other demographics to identify and contact likely supporters.

Building word of mouth through Facebook, Twitter and other online avenues, along with the "micro-targeting" of voters, takes time that most previous mayoral campaigns never allowed, according to Stein.

I've got invitations to join Facebook groups for Annise Parker and Peter Brown, though I haven't taken either of them up yet. If any other candidates have such things going for them at this time, I've not gotten notice of them. Both Annise Parker and Roy Morales are on Twitter, though neither has done much with it - Parker has tweeted three times total, Morales has been silent since January 15. The campaigns may be starting earlier, but that doesn't mean all aspects of them are geared up.

At the City Council level, District H candidate Ed Gonzalez takes the early lead in the social networking race, as he's the first of that group (that I know of) to get on Twitter. Which he used to announce his new blog. Karen Derr has had one of those for awhile, but as far as I know Ed's the only one on Twitter. Both of them, plus Maverick Welsh and Hugo Mojica, are on Facebook. I'm sure things will get going more quickly in this race, given the much shorter time frame for it.

UPDATE: Over in Austin, mayoral hopeful Carole Keeton Strayhorn is thrilled about the grassroots twitter. I don't think I can add anything to that.

UPDATE: And you can add Maverick Welsh to Twitter.

Prominent Houston attorney Gene Locke today officially designated a campaign treasurer. The official filing clears the way for his entrance into Houston's 2009 mayoral race.

"I took the step of designating Jacob Monty so I could begin using money for my campaign to succeed Bill White as Mayor. With a background as diverse as Houston's - and a work ethic that has helped me cultivate the many opportunities citizens here are afforded - I am confident and ready to lead this city into a new era of prosperity," says Locke. "This is a time for Houston to prepare and respond - if it becomes necessary - to challenges. We endured and learned from the oil bust of the 1980s, and more recently handled devastating hurricanes with heart, muscle and optimism. I intend to exemplify, and hold high, these elements of our community's winning spirit as I roll out a successful campaign."

The son of a teacher and grandson of farmers, Locke graduated valedictorian from his high school in Marshall, Texas. He was accepted to the University of Houston shortly after the school integrated. There he became known for his leadership and attentiveness to social issues and civil rights. Later, he entered South Texas College School of Law, working days at the Shell refinery and attending classes at night.

After receiving his law degree Locke moved to Washington to serve as Chief of Staff to Representative Mickey Leland. His influence and reputation grew as he returned to his chosen city. He served as Houston City Attorney under Mayor Bob Lanier from 1995-1998. A partner at Andrews Kurth LLP law firm, Locke remains General Counsel to the Harris County-Houston Sports Authority where he has been instrumental in putting together contracts that brought Minute Maid Park, Reliant Stadium and the Toyota Center to fruition.

Gene Locke is a devoted husband and father. His wife, Aubrey Sampson Locke; daughters, Tembi and Attica; sons, Nicholas, Douglas and Thomas - are among his biggest supporters. Locke notes, "This race has been a long time coming. I feel like I have been preparing for this all my life. I am now at a point where I can do whatever is necessary to achieve my goal of being the best mayor to ever serve this great city."

Crime prevention townhall meeting

Another public service announcement: Congresswoman Sheila Jackson Lee will be holding a townhall meeting on crime prevention in the Heights tomorrow evening, from 5 to 6:30 PM at the Heights library, 1302 Heights Boulevard. HPD Chief Harold Hurtt and Harris County Sheriff Adrian Garcia, among others, have been invited to attend. For other details and to RSVP, please see this flyer (PDF). Thanks very much.

Big (gun)man on campus

Did you ever wish you could pack heat on a college campus? Maybe someday soon, you'll be able to.

Michael Guzman, a 25-year-old Texas State University senior and Marine veteran, takes his Kimber Ultra Carry II handgun just about everywhere he goes. Except to school.

Texas lawmakers, how­ever, are crafting ways to allow licensed handgun owners to tote their guns more easily. One proposal would let guns be carried on campuses, and another would allow licensed handgun owners to openly brandish their guns in public.

Together, the two issues are likely to be the most contentious gun-related laws of the session.

State Sen. Jeff Wentworth, R-San Antonio, is preparing the campus concealed-carry gun measure. He calls it a "safety protection bill" for students and faculty.

"I don't want to wake up one morning and hear on the news that some madman went on a Texas campus and picked off Texas students like sitting ducks," Wentworth said. "I'm doing what I can to prevent that from happening in Texas."

Yes, we wouldn't want to discourage anyone's John McClane fantasies. Jokes aside, I don't as yet see any bill authored by Sen. Wentworth that addresses this, so I can't really say much more than that, but I do have a question: Is this only intended for public universities, or for all of them, public and private? I can see the justification for the former, but if it's the latter, should the state be imposing on them like this? Private universities restrict a number of otherwise-legal things their students can do - I don't see why this shouldn't be one of them. There may be constitutional issues as well - what if there's a religious school that bans guns because it considers them to be sinful? Like I said, I don't see a bill yet, but that will be something to look for.

As for the other issue:

At present, people with handgun permits have to keep their weapons concealed.

Ian McCarthy, a 22-year-old online marketing entrepreneur in Austin, wants to be able to brandish one openly.

"Criminals want an easy target. When they see you can fight back, they're going to go somewhere else," McCarthy said.

He is a member of the national pro-gun group OpenCarry.org, which has raised more than $10,000 online to buy radio and billboard ads across the state and has collected more than 53,000 online Texas signatures in favor of changing the law.

I've already said that I'm supportive of this effort, but I still can't read about it without thinking of something Molly Ivins wrote way back when the concealed-carry law was being debated. She suggested that everyone who was carrying be required to wear a propeller beanie so the rest of us would know who we're dealing with. You could say this would have the same effect.

On a side note, I see that the two groups mentioned in this story are working at cross-purposes. That ought to add an interesting angle to the debates.