The one known threat of a special session has just been dramatically reduced.

House members today approved the conference committee report shoring up a fund supporting hail and windstorm insurance coverage for coastal property-owners.

Assuming the Senate similarly OK's the legislation, it'll go to Gov. Rick Perry, whose threat to call a summer special session if lawmakers didn't address the windstorm topic helped kick-start negotiations about 10 days ago.

Sen. Troy Fraser, R-Horseshoe Bay, said a moment ago he expects Senate approval tonight. Referring to previous efforts to amend the windstorm law, Fraser said: "This represents six years of work, so we're excited."

State Sen. John Carona gets medieval on his party's leadership.

Tempers flared Saturday on the Legislature's last weekend with a key GOP senator declaring that the session's central theme is "lack of leadership" by top members of his own party.

"If you look at this session, you've got two underlying problems: One is simply the lack of leadership in the top offices and the second is the lack of any clear, compelling agenda," said Senate Transportation and Homeland Security Chairman John Carona, R-Dallas.

His angst was triggered by the evident demise of a proposal to allow urban areas to raise gasoline taxes and some fees in their areas to pay for local transportation projects.

But the bickering about the bill has been emblematic of a string of sparring episodes that have played out over the last few weeks as lawmakers have struggled with successes and losses on controversial public issues.

[...]

n charging a lack of leadership, Carona referred to Perry's expected tough primary battle to keep his job against U.S. Sen. Kay Bailey Hutchison, speculation that Dewhurst may run for U.S. Senate and the fact that GOP Speaker Joe Straus is a novice House leader.

"You can determine that perhaps that's because the state's top two leaders are considering their future political ambitions. You might consider that part of it is due to the fact we have a new speaker who has his own troubles," Carona said. "The bottom line is you can't lead 181 members without strong personalities and a set and significant agenda."

He particularly said Perry has failed to lead on the transportation bill, saying the governor should have supported the local-option idea since money is running short to meet transportation needs.

The story talks about the bills that were killed by the chubfest, and the ensuing scramble to resurrect as many of the important ones as possible. I say the fact that so many bills were in a position to be killed by that kind of delay is itself an indictment of the leadership, specifically of Speaker Straus. Look at SB1569, the unemployment insurance bill that would have gone against the Governor's wishes on stimulus money. It passed out of the Senate committee on April 2, was put on the calendar on the 14th, passed on second reading on the 16th, and on third reading on the 20th, when it was sent to the House. It then passed out of the House committee on May 2, and disappeared until May 18, when the Calendars committee finally took it up. It was debated in the House on May 21, then postponed due to disagreements over an amendment, and was finally taken up again after all the chubbing concluded late on the 26th, where it failed to pass before midnight. It took the Senate 18 days to go from committee approval to final passage. It took the House 19 days to go from committee approval to the initial floor debate. If the House had moved at the same pace as the Senate, SB1569 would have been on its way to Governor Perry's desk before any of us had ever heard the word "chubbing".

Oh, and despite Burka's helpful suggestion that the House simply punt on this, I'll note that SB1569 passed on third reading with eight Yes votes from Republican Senators, out of 19 total. Assuming it would have gotten 70 Yes votes from House Dems (let's assume an absence or two, and a stray No vote or two), it would have needed 30 of 75 Republican Yeas to pass with a veto-proof majority. That's a smaller percentage of House GOP votes needed than Senate GOP votes received, so don't tell me it was impossible. Yes, there may have been more pressure on House Republicans to vote No, but we'll never know that now. This could have been taken up for a vote in time had the House been better organized and had it been a priority instead of voter ID.

There are other examples, of course. We know that committee assignments came out later than usual. You can cut some slack for that. The House didn't get to voting on any bills till later than usual as well, and along the way we've heard complaints about the pace of the action in the House and of the length of their daily schedule. All I'm saying is there was a reason there were so many bills imperiled at the end. It didn't have to be that way.

Getting back to Carona and his complaint, it's making for some quality entertainment if you're into that sort of thing. Follow the ups and downs here, here, here, here, here, here, and here.

Holy crap, is it really almost June already?

Your modern Republican Party.

I love it when ladies of a certain age cuss like sailors.

I think I've finally found an argument against gay marriage that I can understand: The thought of it makes some people so incredibly stupid that there's a risk it could rub off on the rest of us. I suppose it's better than the current arguments, which to my mind mostly boil down to "Ewww!"

The art and etymology of "chubbing".

The Deep South is just different.

How to win 300 games.

A Joss-free Buffy? Blasphemy!

"Lost": The Rewatch. Admit it, you need a fix to make it through the summer.

Life never stops being like high school, does it?

Michelle Bachmann: The comic book. One can only imagine what kind of super-villains she'll encounter.

It's hard to imagine the rhetoric from conservatives getting any stupider, but the Sonia Sotomayor nomination is proving that it can.

If you want to know more about our next Supreme Court Justice and prefer something a lot less stupid than all that, try this.

Archie and Veronica? That's just wrong.

I had no idea there was a hullabaloo about hugging. All my friends in college were a bunch of huggers. Somehow, we managed to survive and become mostly productive members of society. Via Yglesias.

Of course, it does help to know the right way to hug.

Good grief, now George Will is even making stuff up about baseball. What else is there for him to fib about?

Libertarians at sea. Watch out for pirates!

Ten years of SpongeBob.

The wearable towel. Just please, ignore the suggestion about going to get the paper while wearing it.

So says the Star-Telegram, which has been the go-to source for these stories.

A final version of legislation restructuring the Texas Department of Transportation is not expected to include a ban on red-light cameras or a local option provision allowing county elections to raise money for road and rail projects, lawmakers said Saturday.

Members of a joint conference committee reconciling differences between the House and Senate versions of the transportation department bill are under a midnight deadline to release their report. Sen. Glenn Hegar Jr., R-Katy, the chief Senate negotiator, told the Star-Telegram that neither the local option provision or the red-light camera ban are likely to be in the final bill.

Asked if the local option provsion, strongly opposed by House negotiators, will be in the conference committee legislation, Hegar replied: "I don't see how it does."

He added: "I would assume there will be no ban on red light cameras, and then that the way the bill would focus on TxDOT and nothing more, nothing less."

[...]

[Rep. Gary] Elkins acknowledged that his red-light camera ban apparently was out of the bill. He said his amendment "was being held hostage" during the conference committee deliberations, with a possible swap in which the Senate would agree to take the House-passed red-light camera ban in exchange for House acceptance of local option.

"My understanding right now is the House is not going to get its will on red-light cameras and the Senate is not going to get its will on the local option tax," he said.

I didn't think it was possible for me to hate the auto warranty robocallers any more than I already do, but apparently it is.

[C]ourt documents filed this month in a Federal Trade Commission case against a Florida company -- Transcontinental Warranty -- provide what authorities say is a look inside a telemarketing operation that used widespread recorded calls and misrepresentations in selling its product.

A declaration from a former employee describes how he was supposed to go through hundreds of calls in a shift, trying to sell auto service warranties, which the FTC said typically cost $2,000 to $3,000, without giving up too much information about the company, especially if consumers became combative or suspicious.

"Transcontinental's company motto was 'Hang up. Next,' " said Mark Israel, who worked the evening shift with about 30 other operators at company headquarters in Fort Lauderdale, Fla. "Essentially, this meant that if the consumer did not readily go along with the scripted telemarketing pitch, I should immediately hang up."

[...]

Israel, who did not respond to requests for an interview, worked for the company only four days before quitting and contacting the FTC.

His description of the calls mirrored those of people nationwide, the FTC said, who complained to government agencies and consumer organizations. The FTC said some Transcontinental calls went to numbers registered on the national Do Not Call list. But all recorded sales calls are illegal with the exception of those that go to people with whom there's an established business relationship.

But it was difficult for consumers to report a company if it couldn't get its name. "I understood it to be an acceptable practice at Transcontinental to say whatever was necessary to get the consumer to divulge his or her credit card number," Israel said in the court documents.

The deadline for finishing up conference committee work was supposed to be last night at midnight. There was too much work to do for that, so the deadline got pushed back for 24 hours.

That means the Senate on Monday likely will be approving dozens of conference committee reports -- the final versions of bills -- where they were supposed to just do minor corrections to a few bills.

Senate Administration Committee Chairman Tommy Williams, R-The Woodlands, told senators a few minutes ago that 131 House bills loaded up with Senate amendments are still in conference -- meaning they are still in negotiation with House members.

"We've got a lot of work to do," Williams said.

The vote to waive the rule and extend tonight;s deadline was 31-0. A four-fifths vote of at least 25 senators was required.

At the stroke of midnight last night, Sen. Troy Fraser's SB 545, the "chosen" solar incentives bill for the legislative session, seemed to have drawn its last breath when Rep. Sylvester Turner killed its vehicle.

Fraser's solar bill would have provided incentives for solar installation, with a view to increasing solar energy generation in Texas. Since the bill didn't make it through the House chubfest last week, it was tacked on to HB 1243, which would require utilities to purchase extra electricity from on-site renewable generation.

Well: Would have required. Turner killed the bill last night, seemingly out of hurt feelings over other bills that didn't make it through the parliamentary process over the past day.

"All day long we have been sending bill after bill back on germaneness," Turner said, objecting to the fact that HB 1243 had absorbed three loosely related measures.

He also objected to the electricity rate increases that would have been passed onto consumers to fund the solar incentives. Still, at 20 cents per month for residential customers, the increases were quite small.

[...]

According to Environment Texas advocate Luke Metzger, establishing a solar incentives program is critical in Texas right now, since the solar manufacturing base isn't permanently settled anywhere. If Texans buy more solar systems, it could persuade manufacturer's to set up shop here. Without the incentives, Metzger says, "we'll miss the solar boat for decades to come, potentially."

But all hope is not lost. Last week's chubfest in the House has put legislators through an exercise in it ain't over 'til it's over. And it ain't over for solar incentives, which may find a viable vehicle in Fraser's own SB 546, the session's "chosen" energy efficiency bill, which is in conference committee today.

If SB 546 can accommodate solar incentives legislation, Metzger does not think there will be a problem with germaneness.

However, he points out, "the other danger still is timing. This all has to happen very quickly in order to avoid Turner or anyone else trying to chub it to death."

Other items to keep an eye on are SCR72, the joint resolution to clean up after the Railroad Commission, and HB498, the innocence commission study bill. A lot of good criminal jurisprudence reform bills were chubbing victims so salvaging that one would be nice.

The 80s is a gift that keeps on giving.

With sine die just around the corner (and God willing, no special session), we may start to get some answers to the questions about which legislators might be running for higher offices. One of them is State Sen. Letitia Van de Putte, who has been talking about a run for Governor. That subject comes up in this interview she did with BOR's Phillip Martin. As you might expect, she's rather coy about it, and says she needs to discuss it with her family, but I notice that she mentions her potential primary opponent Tom Schieffer a couple of times, all critically, and that sounds to me like something a candidate would say. We'll know in the next week or two, so check it out.

That's the question, isn't it?

It took only a few minutes at the District H candidate forum Thursday morning for discussion to turn to the elephant in the room.

"District H is supposed to be a Hispanic district," said Edgar Colon, chairman of the Hispanic Chamber of Commerce's Political Action Committee, reading a question on behalf of an audience member. "Should it be represented by a Hispanic?"

In what is shaping up as a hard-fought runoff campaign between Houston police officer Ed Gonzalez and former public high school teacher Maverick Welsh to fill the City Council seat vacated by Adrian Garcia, that question looms as large as any other in a district originally drawn to elect a Latino.

I'll be the first one to say it. No! It doesn't have to be represented by an Hispanic. But when you have a highly qualified, progressive-minded product of the district, why not?

As a highly-educated Chicano myself, I've been proud to click on a Anglo candidate running against a brown person, especially when the brown person is not a progressive (cough-cough, Roy and/or Danny More-or-Less Mexicano). So, no, it's not about race, or in this case, ethnicity. As a voter, I'm interested in having a highly qualified candidate with whom I can identify, whether it by that candidate's story, or something else.

Currently, District I Councilman James Rodriguez is the only Latino among 14 council members, in a city where Hispanics make up nearly 42 percent of the population.

The Department of Justice helped create District H when it forced the city to undertake redistricting in 1979, part of an effort to correct historic voting inequities in Houston and ensure more minority representation on the council. But the district, which includes the Heights, much of the old Second Ward just east of downtown and a wide swath that extends midway between the inner and outer loops around Interstate 45, has undergone dramatic changes since then.

James M. Goins     1,181

Willie D. Hatchett 1,719

Herman Lauhoff     3,977

Russel Stanley      305

Anne Wheeler       2,824

Dale M. Gorczynski 3,274

You can make of all that what you will. I found it interesting that this district that was drawn to be represented by a Hispanic has only recently been actually represented by a Hispanic for a majority of its existence. David Ortez has some tangential thoughts.

In the end, thanks in large part to the stimulus package and its infusion of funds that prevented the need to dip into the Rainy Day Fund, the budget process was relatively uncontroversial. Yesterday, it was passed by the House, and is now on its way to Governor Perry's desk.

With just three days left in the 81st Texas Legislature, the only thing certain was the state's $182.3 billion budget, which, among other things, increases spending for the mentally disabled, correctional officer salaries, college financial aid and pre-kindergarten programs. Most of the money, which includes $12.1 billion in federal economic stimulus dollars, is dedicated to education and health care.

Of greater interest at this time is the handful of bills that are still struggling to stay alive.

The House kept the debate on windstorm insurance reform alive by agreeing to seek a compromise on the bill in a joint conference committee. Perry has told lawmakers he will call a special session if the windstorm insurance reform does not pass.

At issue is how to keep solvent the Texas Windstorm Insurance Association, which provides insurance for homeowners who cannot find private coverage -- without pushing insurance rates up. Hurricanes Ike and Dolly busted the association with an unexpected $2 billion in payouts.

Rep. Larry Taylor, R-Friendswood said they hope to reach a settlement so as "not to have a special session."

Also Friday, Sen. Kip Averitt, R-Waco, said he was still trying to revive the Children's Health Insurance Program. An effort earlier this week to piggyback CHIP on a bill for newborn disease screening did not comply with House rules that subjects be "germane."

Although a coalition representing 70 groups called on legislative leaders to "take all necessary means" to pass the bill, the prospect is dim.

Disputes also were holding up a bill to renew the life of the Texas Department of Transportation for another two years. Portions of the bill call for a local option gas tax, supported by business leaders and elected officials from North Texas and San Antonio.

In Harris County, officials are keeping an eye on a provision that could limit or ban new cameras being placed at intersections to catch red-light runners.

Finally, one bit of bad news.

At the stroke of midnight on Friday, House Bill 1243 turned into a pumpkin and a fairy godmother was nowhere to be found to save it or the electric cooperative measure attached to it.

Provisions to improve accountability in the electric cooperatives, including Pedernales Electric Cooperative, had been tacked on to the bill in the Senate. And Rep. Sylvester Turner, D-Houston, challenged whether that amendment and others belonged on the bill.

A lengthy confab at the dais followed by a postponement delayed a vote on whether to send the bill to a conference committee, called for by Turner, until shortly before midnight. That vote failed 48 to 90.

But by the time Rep. Pete Gallego, D-Alpine, stepped to the microphone to save the bill, it was too late.

Another half-hour of parliamentary hand-wringing ensued. But, in the end, the glass slipper didn't fit.

I thought this was a very interesting article about a current research project that is investigating the effect of industrial flares from refineries and chemical plants on ozone levels, but one bit of it really amazed me.

Industrial flares burn off pressurized gases but also can shoot out massive amounts of noxious emissions. The Houston area has about 400 flare stacks, and they are among the largest and least- understood sources of pollution in the region, researchers said.

A recent University of North Carolina study found that formaldehyde from flares may increase Houston's ozone by as much as 30 parts per billion. In tandem with the pollution that blows into the region from elsewhere, that might be enough to keep Houston from meeting the new federal ozone limit of 75 parts per billion, scientists said.

The state's current plan for reducing Houston's smog doesn't consider formaldehyde and other precursors.

"If there is a problem with flares, it upends the entire regulatory strategy," said Harvey Jeffries, an atmospheric chemist who conducted the UNC study.

Oh, and by the way, living in the suburbs is no escape.

Twice in the past week, the Fort Bend County city has exceeded the federal limit for ozone, a critical threshold under the nation's Clean Air Act.

And the forecast calls for more heavy smog today.

"Ozone obviously isn't stopping at the Harris County line," said Barry Lefer, an assistant professor of atmospheric sciences at the University of Houston.

Until this smog season, which began in March, Fort Bend was the most populous county in Texas without a monitoring station to measure air pollution. At the request of County Judge Bob Hebert in January, the Texas Commission on Environmental Quality, which is responsible for fighting ozone in smog-prone places including Houston and Dallas-Fort Worth, agreed to help pay for a monitor at UH's Sugar Land campus.

[...]

Some smog watchers said the early readings from the Sugar Land monitor underscore the need for more on the outskirts of the eight-county Houston region.

"These folks don't know that they could have air-quality problems," said Matthew Tejada, executive director of the clean-air advocacy group Galveston-Houston Association for Smog Prevention.

There's just not enough popcorn in the world.

As if to magnify what are already major differences between elected Republicans and conservative activists on the question of Sonia Sotomayor, check out what conservative senator (and chairman of the National Republican Senatorial Committee and Judiciary Comittee member and former Texas State Supreme Court Justice) had to say on NPR yesterday.

"I think it's terrible. This is not the kind of tone that any of us want to set when it comes to performing our constitutional responsibilities of advice and consent."

Republican leaders may not have as much sway over their own interest groups as Democratic leaders do over their, so don't expect the attacks to stop. But it's a bold statement. He even lashed out at Newt Gingrich and the unassailable Rush Limbaugh.

"Neither one of these men are elected Republican officials [and] I just don't think it's appropriate and I certainly don't endorse it. I think it's wrong."

You can listen to the entire interview here.

Of course, any time a Republican official says anything unflattering about Rush, it's worth asking a couple questions: Will he apologize for it? And how long will he wait?

UPDATE: Forgot to add that there's video of Big John taking on his foes. And as we know, the Rushmeister was in town last night. Here's a photo of him and some of his fanboys from that event. BOR has more.

Next on the theme list: Songs about sports.

1. HOOPS Yes! (FC Dallas) - The Polyphonic Spree
2. The Stock Car Travels By Illusion - Austin Lounge Lizards
3. Centerfield - John Fogerty
4. Galway Farmer - Ceili's Muse
5. Catchers Drummers Anchormen - Eddie from Ohio
6. Sweet Georgia Brown - The Ray Brown Trio
7. Glory Days - Bruce Springsteen
8. Chess - Andersson/Ulvaeus
9. Surf's Up - The Beach Boys
10. Fight Fiercely, Harvard - Tom Lehrer

Yes, chess is a sport - it's a mind sport. So's bridge, but no one's written a musical about it yet. "Galway Farmer" is about a guy betting on a horse he'd dreamed about. We should all be as lucky as he was. Technically, "Sweet Georgia Brown" isn't about sports, but it's the theme song of the Harlem Globetrotters, so I say it's close enough. There's a whole class of stadium songs that could be admitted under a sufficiently loose definition of the theme, but I wasn't going to go there. What's on your playlist this week?

We'll have red light cameras to kick around for at least a few more years.

The City Council extended the contract of the company that administers its red-light camera program for three more years Wednesday, aiming to thwart legislation pending in Austin that would sunset the use of the devices.

The ordinance, which passed Wednesday with only two nay votes -- by members Mike Sullivan and Jolanda Jones -- extends the camera program through May 2014. The action was a preemptive effort meant to keep the program active in case a bill in the Legislature succeeds in precluding municipalities from adding the cameras or extending contracts with vendors after June 1, 2009.

The provision was included as an amendment to a bill that already has passed in the House and is expected to be hashed out in the coming days in a conference committee. Rep. Gary Elkins, R-Houston, sponsored the amendment.

The cities of Amarillo, Arlington, Baytown, Fort Worth and Irving all took similar steps to extend their programs, in some cases continuing them for an additional 15 to 20 years.

Mayor Bill White defended the council's action Wednesday.

"The fact is that where we have these cameras, the number of people who are photographed running the red light goes down consistently over time," he said, adding later in a news conference that he believes the cameras will become an integral part of law enforcement all over the U.S. within 10 years.

Burleson extended its agreement with American Traffic Solutions for 15 years, a city official said this week.

The Fort Worth City Council gave the city manager permission this week to immediately sign an extension through 2018 if it appears that the Legislature will imminently approve a ban on future contracts.

North Richland Hills extended its deal with Redflex through 2013.

Last week, Arlington officials gave the city staff permission to sign a new deal with ATS through 2027, and Southlake extended its terms with Redflex through 2024.

As you know, Deborah Greer-Costello, better known as Debutant, passed away on May 18 after a long battle with leukemia. Her sister Stephanie, a/k/a Texans Chick, posted a final message from Deb based on conversations they had after her condition became clear. Go give it a read and remember what a remarkable woman Deb was, and if you are so moved, make a donation to her daughter Zoe's college fund. Oh, and give blood, too. Thanks very much.

The Star Telegram has a nice profile of Rep. Lon Burnam of Fort Worth, who we all know was anti-Tom Craddick before it was cool. If he were a baseball or basketball player, you'd say he's one of those guys who does things that don't show up in the box score. Burnam doesn't pass a lot of bills, but he works to kill those that need killing, and he helps provide a much-needed and otherwise often lacking liberal perspective on many issues. And his story for this session has not been fully written yet, as he has promised to bring his resolution to impeach Sharon Keller to the floor for a vote on a personal privilege motion. He has said that will happen before sine die, so it's got to be coming soon.

Houston's efforts to brand itself as a world-class city often come in for ridicule, some deserved and some not so much. But Houston is way farther down the path of international prominence than our neighbor to the west, San Antonio. Evan Smith highlights a bit from an interview to be published in their upcoming issue with the newly-elected Mayor of San Antonio, Julian Castro.

What do you do about luring companies to San Antonio and keeping them there? There are a number of major corporations headquartered in the city, but the loss of AT&T to Dallas last year had to hurt. What kind of package can you put together to attract and retain their kind?

A couple of things. First, we're going to keep refining our economic development model. We have dozens of development entities right now, and we are going to look at how we can streamline that process and create a web presence--an informational portal of entry for San Antonio along the lines of what Houston and Phoenix do. Second, we need to get back to what Mayor [Henry] Cisneros did so well in the eighties, which was to raise the profile of the city. If you watch the Today show or CNN when they do the weather, you'd think San Antonio didn't exist.

It's the seventh-largest city in the country. Is there problem that I don't know about?

Whatever it is, we're going to fix it.

Do you hire people to help market the city? Do you get more aggressive in publicizing things going on? Because obviously you want to spend your time on substance, and marketing isn't really substance. Or at least it doesn't have the same impact.

I like to think it does. If you're a graduate of Yale or the University of Michigan or the University of Chicago and you think about where the jobs are, oftentimes there's opportunity in San Antonio that you wouldn't know about. We can't even fathom how much of a talent investment we're missing out on. So we're going to get on the road, get with companies, write letters to media outlets, and do all the practical things we need to. Over time, we'll get into the national conversation about up-and-coming cities.

sigh

Gov. Rick Perry today indicated that he opposes a plan to expand the Children's Health Insurance Program, putting in jeopardy of a veto a measure that has been a top priority this session for children's advocates.

But the CHIP bill appears unlikely to make it to his desk at all. The House today rejected a Senate attempt to attach it to an unrelated measure.

Talking with reporters, Perry was asked if he'd consider having the Legislature take up CHIP if he calls a special session. He said no.

When asked why not, Perry said: "I would probably not be in favor of that expansion even if it came to my desk. I think the members know that. That is not what I consider to be a piece of legislation that has the vast support of the people of the state of Texas."

[...]

The Senate late Wednesday revived the CHIP legislation by attaching it to a measure about newborn screening, and the CHIP bill's Senate author, Sen. Kip Averitt, R-Waco, sent out a press release declaring: "Averitt saves CHIP."

The author of the newborn screening measure, Rep. Paula Pierson, D-Arlington, who supports the CHIP expansion, said today the House is sending the screening bill back to the Senate. That's because the CHIP amendment would have doomed the measure in the House, she said. "It was dead on arrival," Pierson said.

It is unconscionable, in these tough economic times, that Governor Perry will veto legislation that will help working Texas parents purchase insurance for their children. Legislation creating a buy-in program for CHIP passed last night with a 29-2 vote in the Senate, and it passed last month from the House with a vote of 87-55. This bill was specifically written with the strictest "crowd out" language possible to ensure that private health insurance is not substituted by CHIP coverage. The Governor is clearly out of touch with the needs of Texas.

So apparently the head of the GOP is in town tonight to help raise money for US Rep. Mike McCaul, who apparently isn't taking any chances for next year. No, not this guy - nobody cares about him. I mean this guy, also known as He Who Must Be Apologized To. Is there a brighter star in the Republican Party these days? Why, we may soon find that his image has appeared on a grilled cheese sandwich or something. It could happen, you know. Anyway, I can't wait to hear what he had to say at this event. Should provide fodder for months to come. BOR has more.

Good for them.

The Texas Senate on Thursday refused to confirm Don McLeroy as State Board of Education chairman after an impassioned floor debate.

The 19 to 11 party-line vote was not enough to get McLeroy across the required two-thirds threshold. Sen. Eddie Lucio Jr., D-Brownsville, abstained from the vote.

McLeroy, a Republican from Bryan, was first elected to the board in 1998 and will remain in that position.

But Gov. Rick Perry will now need to appoint another leader from the 15-member board. Critics said McLeroy's nearly two-year tenure as chairman has been dysfunctional and divisive.

The one bill that has been expressly mentioned as a reason for a special session if it doesn't get done is SB14, the windstorm insurance bill. It was a chubbing victim on Tuesday, but on Wednesday it was revived by the time-honored "attach it as an amendment to another bill" method.

By a 27-4 vote, senators voted to amend House Bill 4409 to include the provisions of Senate Bill 14, that was passed in April to address the looming crisis in the Texas Windstorm Insurance Association.

"This is our last hope to be able to work on this issue," said state Sen. Mike Jackson, R-LaPorte, the Senate sponsor of the House legislation.

[...]

Jackson said that while the House may not accept the Senate's provisions, the approval of the amended bill tonight will provide a way for House and Sehate negotiators to come up with a final version that can be approved before the Legislature adjourns on Monday.

Wow.

The massive fire last week that destroyed the warehouse at Gallery Furniture's main location on the North Freeway was intentionally set, an official said today.

Rob Elder, assistant special agent in charge of the Bureau of Alcohol, Tobacco and Firearms office in Houston, said the agency determined the fire was arson because all possible accidental causes had been ruled out, including a faulty generator that was initially suspected.

"Someone out there knows what happened that night, and we're going to find them," Elder said in a news conference today. No one has been ruled out as a suspect, said Elder, who declined to reveal details as to how investigators think the blaze began.

Not unexpectedly, SB1569 was a casualty of the weekend chubfest. Also not surprisingly, it was basically chubbed by Republicans, who wanted to ensure its death as the local and consent calendar was finally finished up a little before the midnight deadline. I'm disappointed to see this bill die, but given that it hadn't been passed by a veto-proof majority in time for the inevitable veto to be overridden, it was doomed anyway. If that helps the House Republicans blow off some steam, then so be it.

On the good side, CHIP expansion got new life.

The Texas Senate late Wednesday, facing a midnight deadline, used a House bill concerning newborn screening to revive a measure aimed at expanding the Children's Health Insurance Program.

Sen. Kip Averitt, R-Waco, put SB841 (the CHIP expansion bill) into HB1795, which was approved 28-2 by the Senate.

The CHIP amendment allows some families with incomes above current limits to buy into the insurance program.

The measure now heads back to the House with changes approved in the Senate.

I'm including an excerpt from Ed Sills' Texas AFL-CIO email newsletter about SB1569 beneath the fold. Click on to read it.

UPDATE: Floor Pass, quoting Harvey Kronberg, thinks the CHIP add-on might fall victim to a point of order.

At this writing, SB 1569, the Unemployment Insurance bill, is dead.

The bill has fallen victim to the GOP push for so-called "voter ID" legislation and Gov. Rick Perry's opposition to expanding the pool of unemployed Texans who are eligible for UI benefits.

In retrospect, the die was cast against SB 1569 and hundreds of other bills in the first days of the session when the Texas Senate ended a long-standing tradition by allowing a mere majority of the membership to okay "voter ID" for floor debate. The decision to junk the two-thirds rule led inevitably to the meltdown in the House at the end of the session.

The collateral damage was extensive, and on the UI bill, that damage occurred to hundreds of thousands of Texans who have lost their jobs through no fault of their own.

Never mind the politics of the situation. Texas workers who lose their jobs are the 50th most likely in our nation to qualify for Unemployment Insurance benefits that help them meet their basic needs. SB 1569 would have substantially improved that situation, would have drawn up to nearly $1 billion in federal funds and, as a consequence, would have reduced taxes for Texas employers.

The reason you could have fried an egg on the heads of much of the United Labor Legislative Committee last night when the clock expired on the UI bill was not the legislative defeat. It was the fact that reactionary elements of the Texas Legislature messed with the lives of tens of thousands of hard-pressed working families because they don't like President Obama or because their ideology can still trump common sense on the playing fields that test the viability of legislation. Even some Chambers of Commerce came around to the notion that SB 1569 would have been a net gain for employers in Texas. Pro-business economists weighed the options and supported the bill. We believe the legislation wasn't just good for labor, but good for Texas.

The fight isn't over. In fact, an important measure in the bill that would extend benefits to approximately 75,000 currently unemployed workers still has a strong likelihood of making it into the state budget. And if, as is rumored, the governor calls a special session, you can bet that ULLCO will reassert SB 1569 for the good of families who have seen their breadwinners lose jobs. The deadline for taking the federal money is August 2011, so UI is going to be an issue in the interim, in the election season and in the next legislative session.

We have emphasized all session that the quest to pass SB 1569 has been a bipartisan one, and this is a good time to point up some of the lawmakers and other friends who played a critical role in moving the bill as far as it got.

In the House, state Rep. Mark Strama, D-Austin, got his formidable mind around all the intricacies and was doing a splendid job in floor debate before the wheels came off the House. Rep. Joe Deshotel, D-Beaumont, has worked hard to improve the UI system in Texas for many years. Deshotel authored much of the original legislation and helped the bill move from his position as chair of the House Business & Industry Committee. House Speaker Joe Straus, R-San Antonio, worked along the way to support the lawmakers who sought to bring a consensus bill to the House floor. Many other lawmakers, both Democratic and Republican, helped in many ways throughout the process.

In the Senate, Sen. Kevin Eltife, R-Tyler, was absolutely focused on championing the legislation, bravely redoubling his efforts even after Gov. Rick Perry tried to put the kibosh on the bill in his infamous upscale Houston hardware store news conference. Sens. Eddie Lucio, D-Brownsville, Leticia Van de Putte, D-San Antonio, Rodney Ellis, D-Houston, and Judith Zaffirini, D-Laredo, authored key components of the legislation and worked hard to get the bill through the traps in the Senate. Several Republican and Democratic senators alike stood up to intense pressure brought by the Governor to do the right thing for working families in Texas in the floor debate and vote.

There was enough voting on the issue, in fact, to suggest that solid majorities were in place for final passage of SB 1569. The House was developing a bill that went even further in answering critics, and we strongly believe it could have made it to Perry's desk with a large margin in both chambers.

In addition, the Texas AFL-CIO would like to pause and thank the Center for Public Policy Priorities for their stalwart work on this effort. The CPPP brought a wealth of research, policy expertise and plain old-fashioned hard work that provided all the necessary information and analysis needed by lawmakers and advocates alike. Also, the National Employment Law Project, the nation's foremost research and advocacy organization for low-income workers, provided invaluable guidance, expertise and support for our efforts here in Texas. Working families in Texas owe both these organizations a substantial debt.

SB 1569 was a signature bill for labor this session, one we are proud of even if it didn't get to the finish line. It has been many years since organized labor in Texas got to play offense on legislation instead of remaining on our heels fighting off the worst proposals. One potential pitfall in advancing legislation is that defeat is sometimes snatched from the jaws of victory. But frustration is not the only end product of the fight for SB 1569. In this process, we sent a signal of better things to come.

Here's the Chron story about the dismissal of the lawsuit, brought by Vidal Martinez and Carroll Robinson.

The lawsuit argued the city was violating its own charter by refusing to redistrict and add two council districts when its population passed the 2.1 million threshhold in late 2006.

U.S. District Judge Sim Lake rejected that contention, finding the plaintiffs had failed to show the city's charter compelled redistricting. Martinez promised an appeal.

"This is just the first step in a long marathon," he said, noting that the outcome of the case could depend on a U.S. Supreme Court case dealing with voting rights that originated in Austin. "Nobody should take any happiness out of this very preliminary ruling by the court. In the end, justice has not been done with a 30-year agreement and contract the city made with the Houston Latino community."

City Attorney Arturo Michel said the ruling upholds the city's contention that it could not follow federal law regarding redistricting without the accuracy provided by the upcoming decennial population count by the U.S. Census Bureau. Federal law requires precinct-level data for redistricting, which would not be available until after the 2010 count. Using data from the 2000 count, the city argued, would lead to inaccurate district boundaries.

"That will allow you to identify where voters are and come up with the representation system that is the fairest," Michel said. "What's more important is that you have a complete and accurate Census count so that you know where people are, and then you can divide your districts in a way that will be fairest to everyone."

We're going to be having this conversation for awhile, I expect.

As he attempts to secure a new jail for Harris County, Sheriff Adrian Garcia has hired nearly 90 more guards but still faces skepticism from commissioners about whether a new facility is the only solution to chronic overcrowding and failed inspections.

Garcia argued earlier this month for the construction of a new jail, after the downtown lockups failed a fourth state inspection in six years because of broken toilets and intercoms. He said a new facility would alleviate persistent problems with maintenance and overcrowding at the facilities that house more than 10,000 people.

County and state officials have watched previous plans for a new jail fizzle because of a lack of voter support or the Sheriff's Office's guard shortage. They repeatedly have said other methods must be used to address overcrowding, including modification of bonding and pretrial diversion policies. Recent numbers show that half of the jail's population is made up of people awaiting trial.

"A new jail would have to be a last resort," Commissioner El Franco Lee said last week.

The discussion could culminate next month when Commissioner's Court expects to receive a report from Justice Management Institute, which is performing a "top-to-bottom" review of the local criminal justice system. The court also is scheduled to hold its annual meeting to discuss its capital improvements plan.

"Why would we make any decisions until we have all the information?" asked Commissioner Sylvia Garcia. "The last thing we want to do is to put (a new jail) back on the ballot and have it fail again."

Since January, [Sheriff Garcia] has hired 87 civilian jailers and cut openings in patrol, through new hires and transfers within the department, from about 70 to 22, according to Lt. John Legg, a spokesman for the department.

"Summer is a peak recruiting period," Legg said. "We expect June and July to be big months for hiring."

We all know how much Hurricane Ike has affected and continues to affect people and property. I at least had no idea how devastating it had been to the state's alligator population.

The throaty bellow of adult male alligators, a combination mating call/territorial warning and a signature sound of vibrant coastal wetlands, has been all but absent from marshes along Texas' upper coast this year.

The gators are gone. Marshes that a year ago held, quite literally, tens of thousands of alligators have, for the past eight months, been all but devoid of the signature wetlands reptile.

Hurricane Ike, which shoved a wall of saltwater as much as 18 feet deep as far as 15 or more miles inland along the upper coast this past September, profoundly impacted the marshes and the hundreds of thousands of alligators that lived there.

The storm hit dead-center of the state's most extensive alligator habitat and highest alligator populations. The four-county area of Chambers, Galveston, Jefferson and Orange in the southeast corner of Texas held an estimated quarter-million alligators ahead of Ike.

The storm's lingering effects continued killing gators for months. Just how many were lost to the storm remains in question.

"Right now, it's still too early to say," said Port Arthur-based biologist Amos Cooper, who heads Texas Parks and Wildlife Department's alligator programs. "We know we had some mortality of alligators. But whether they were just displaced and will move back as the habitat recovers is something we won't know for a while."

Good.

State lawmakers today voted unanimously to kill a provision that could have complicated the Metropolitan Transit Authority's light-rail plans.

The House removed language from a local transportation bill for Austin that would have put limits on Metro's authority to acquire property through condemnation.

Rep. Joe Pickett, D-El Paso, quietly placed the provision in the bill, apparently at the request of rail critics who contend that a 2003 referendum didn't specify that a portion of the planned University Line would run on Richmond rather solely on Westpark.

The Chron has a feature story on efforts to ramp up solar power in Texas.

[S]olar advocates say the right legislation could do the wind industry's success one better.

One approach, incentives to install solar panels on homes and businesses, could be the catalyst for a homegrown industry of system installers and panel manufacturers, they say. Those manufacturers also could benefit from close proximity to an existing link in the solar supply chain -- the single largest manufacturer of high quality polysilicon used in semiconductor chips and solar panels, which is located in Pasadena on the Houston Ship Channel.

"Really you want to develop a sustainable industry that does not require incentives," said Steve Chadima, vice president of internal affairs for SunTech Power, a Chinese solar panel manufacturer that is eyeing Texas as a possible plant site. "You don't want to live on the dole forever. But you need to jump-start the industry for it to develop along all the sectors."

As legislative deadlines approached late Tuesday, advocates were closely watching a bill that would give out $500 million in rebates over the next five years to businesses and homeowners who install solar panels. Money for the rebates would be raised through monthly fees on electric bills--about 20 cents for residential customers, $2 for small businesses and $20 for industries.

The law would also require retail electric companies to buy a customer's surplus electricity at a fair market price or credit the customer's bill and provide incentives for commercial-scale solar installations.

The bill's fate was uncertain, and its supporters in the legislature and the solar industry fear that if it doesn't pass the Legislature this year, other states that offer incentives will get a leg up on Texas in developing new solar business.

This afternoon, the Senate has HB 1243 on their intent calendar. HB 1243 is a "net metering" bill which would ensure that owners of solar installations, small wind turbines, or biogas generators get paid a fair price for the excess power they produce. As HB 1243 is a solar-related bill, it can be deemed germane, or related, to solar SB 545, which "died" last night [...].

Which means that SB 545 can (maybe, possibly) be amended to HB 1243. Tentative huzzah!

It gets better. HB 1243 is co-authored by Senator Troy Fraser -- the same fellow who sponsored SB 545. As both of these bills are Fraser's babies, the chances of SB 545 living on as an amendment are looking pretty good.

UPDATE: Success!

The text of Senate Bill 921 was attached to House Bill 1243, a measure relating to net metering for electric service customers that was earlier passed the House.

Also attached was the text of Senate Bill 545, a bill earlier passed by the Senate that is designed to provide incentives for solar projects.

Clay Jenkins is a candidate for County Judge in Dallas. He's running in the Democratic primary against the incumbent, Jim Foster, who knocked off the Republican incumbent in the 2006 countywide sweep, in a race nobody expected him to win. (This is why we say Run Everywhere.) I don't normally get involved in that kind of race outside of the Houston area, but Jenkins was a big supporter of Rick Noriega last year, and any friend of the Noriegas i a friend of mine. Rick and Melissa are hosting an event for Clay Jenkins at their place this Sunday - details are beneath the fold - so if you'd like to know more about Jenkins and what's going on in Dallas, come on out to the Noriegas' house on Sunday and find out.

From the email invitation:

Clay is a life-long Democrat and a fifth-generation North Texan. He is an attorney, businessman and civic leader with a proven track record of accomplishments in the Dallas community, including his service as President of TTLA Dallas.

All of Texas faces new challenges, and it is Clay's leadership and experience that will provide the stature and relationships needed to tackle issues facing Dallas County.

Many of you also know Clay's mama, Joann Jenkins, who is a SDEC legend. If you remember the commercials from my campaign, those were filmed at Clay's house in Dallas-when you know a Jenkins, you have a loyal and true friend.

According to the Dallas Morning News, his endorsements include other significant Dallas county leaders:

Jenkins, who is making his first run for public office, was flanked by Dallas County Commissioner John Wiley Price and District Clerk Gary Fitzsimmons during his announcement. Other Democrats who have endorsed Jenkins include U.S. Rep. Eddie Bernice Johnson, state Sen. Royce West and District Attorney Craig Watkins. (Dallas Morning News, March 6, 2009)

For a complete bio go to www.jenkinsfordallascounty.com.

Please join Melissa and me at our home, 4430 Pease St, Houston, TX, 77023, on Sunday, May 31, from 4:30 to 6:30 PM, to meet Clay Jenkins, the next County Judge in Dallas County. RSVP to lschechter@gmail.com or 713 385 3015.

I had wondered who was behind that anti-Metro amendment from the weekend. Now I know.

A local light rail opponent claimed credit Tuesday for working with an El Paso legislator to try to block Metro's ability to build the University Line along Richmond Avenue.

Don Hooper, who owns property along the thoroughfare, said he persuaded Democratic state Rep. Joe Pickett to amend a bill involving Austin's transit agency last week.

The amendment would prevent Houston's Metropolitan Transit Authority from using condemnation powers to acquire land needed for the proposed line running from the University of Houston through downtown to near Westpark and U.S. 59.

Pickett, who chairs the House Transportation Committee, did not return calls for comment Tuesday. But other legislators and Metro officials confirmed that the amendment -- which now looks unlikely to pass -- would have posed a big threat to Metro's plans for four new lines.

[...]

Houston-area lawmakers and Metro lobbyists worked over the weekend to block the amendment.

State Rep. Ellen Cohen, D-Houston, said Tuesday that Pickett had agreed to pull his amendment, which had been attached to a bill allowing Austin's transit agency to hire officers to catch fare evaders.

By late Tuesday, the bill still contained Pickett's amendment, but it hadn't been placed on the local and consent calendar -- a crucial step in getting the bill to a floor vote. As a backup, the part affecting Austin was added to a separate Texas Department of Transportation measure, so if the bill fails Austin's agency can still hire fare enforcement officers.

So what we had here was one dude laying a bunch of baloney on a legislator from outside Houston who didn't know any better, and in the process nearly sinking a huge project that had been approved by the voters. I suppose the fact that it won't happen should be a sign that the system works, but that's pretty cold comfort. And in the irony department, a Metro Solutions News Flash that touted the Saturday days of wine and roses editorial hit my inbox yesterday afternoon, with nary a mention of Hooper's assassination attempt. Way to communicate, guys! Though I suppose there are days when the head-in-the-sand approach has its merits. The idea is that if you do that, whatever's bothering you will go away, right? Maybe they're onto something after all.

The Senate approved its version of HB300, the TxDOT sunset bill, and as expected it has some major differences from the House version.

Plans to raise hundreds of millions of dollars for transportation projects in North Texas progressed Monday night as the Senate approved a massive transportation bill that gives counties authority to ask voters to endorse higher gas taxes or other fees.

The bill, approved 22-9, would also end the state's authority to create privately operated and financed toll roads, though that provision could easily be changed, or even eliminated, before the bill becomes law.

A version of the bill passed this month by the House does not include the tax proposal, a fact that could spell trouble for the entire bill. The House bill would impose far more changes on the Texas Department of Transportation. The chambers will have to negotiate a compromise on the bill.

An amendment to kill red-light cameras in Texas also passed 16-15, but was later withdrawn after two senators changed their minds. The House had already voted to kill the cameras, which several Dallas-area cities use.

The local tax provision would let counties in Texas' five largest metropolitan areas call tax elections as soon as 2010. Voters would be asked to approve a range of new fees and taxes, possibly including a 10-cent per gallon fuel tax increase.

Dallas-area planners have said their first priority for the new funds, which could total $500 million or more per year, will be to expand suburban rail lines, though legal hurdles to using all of the new funds for that purpose must still be cleared.

In the Senate version of the bill, the Texas Department of Transportation would retain its current governance structure - comprising five commissioners appointed by the governor - and its authority to have the biggest say over which roads will be built and when.

The Senate bill would reduce transportation commissioners' terms from six years to two, however.

I got a chance to get a sneak peek of the Terra Cotta Warriors exhibit at HMNS last week, and it was awesome. I confess, I knew nothing about this beforehand; Tiffany, who has a vivid childhood memory of a National Geographic edition from around the time of their discovery, was much more familiar with them and was greatly excited about getting to see them. I came away very impressed, both with the exhibit itself, which was really well done, and with the idea of this imperial afterlife army, and the sheer amount of manpower it took to create. Amazing how much of what we can still experience from ancient history is a testament to ego and megalomania, isn't it - pyramids, coliseums, etc - isn't it? Anyway, if you're like me and are wondering what the fuss is about, go here and get an idea, then buy some tickets and see for yourself. If you already know about them, well, just go buy the tickets. It's totally worth it.

I'm still working through my feelings about this Newsweek piece regarding George W. Bush's not-exactly-triumphant return to Texas. I don't know if the author realized he was basically writing about Norma Desmond, but that's the main impression I got from the piece, even as it went out of its way to be as sympathetic to this pathetic little man as it could. I guess I'm glad that he's decided to remain in the bubble he's inhabited for this century, as it likely reduces the odds of there being more written about him any time soon. At the very least, he's not following Dick Cheney's example for how to behave post-Presidency, and for that we can all be grateful. Thanks to Elise for the link.

So, as far as I know at this point, SB362 is dead, other bills may or may not be dead, and some semblance of normality will return to the House for the remaining days of the session. After seeing so much analysis, hand-wringing, name-calling, and what have you over the weekend, I think it may be premature to speculate as to what the fallout of all this may be. It may wind up that most of the bills people were fretting and arguing about pass anyway, and most of the ones that end up dead were always fated to die one way or another. We may yet have a special session, or we may not - even Burka is now equivocal about the possibility. I'll simply observe that Rick Perry hasn't telegraphed his intentions, which as best I recall is not how he'd operated in the past in calling specials. Not definitive by any stretch, but at least moderately suggestive.

If in the end most bills wind up getting passed, then the question is how does this play out in the 2010 elections. Voter ID, at least the concept of it, has a fair amount of support in the polls. You could probably knock it down a fair amount with some detailed information, but having to go into that kind of detail is generally not winning politics. On the other hand, I daresay that support is fairly shallow. Present it as a matter of priority, with voter ID being put ahead of things like insurance reform, and I bet it's not nearly the winner it is in a vacuum. I'd bet it barely registers in an open-ended "what's your top priority" poll question. So while I'm sure the Rs think they have an issue, I know the Ds think they do as well. And if you want to make it about obstructionism, my general belief is that in most cases it's the majority party that gets the blame when stuff the electorate perceives as important doesn't get done. That's not universal - ask the national GOP how their obstructive efforts paid off for them last year - but I think it's the starting point. Each side can claim they had priorities that they tried to enact but were prevented from doing so. All I know is I'll put mine up against theirs any day. I'm sure they see it the same way.

I guess if I have one prediction to make coming out of this, it's that the Speaker will be elected in 2011 with primary support from his or her own party. Just another reason to get that Democratic majority in the House, as if another were needed. For the rest, I'll wait to see what the runes look like before I begin casting them.

Good for them.

San Antonio Sen. Leticia Van de Putte, who chairs the Senate Democratic Caucus, said all 12 Democrats in the Senate plan to vote against the nomination [of Don McLeroy as Chair of the State Board of Education]. It takes 11 votes to block consideration of nominations.

Several other Democrats [Monday] evening confirmed the tally of 'no' votes.

"At this point, I think they've got the votes to block," acknowledged one GOP senator, who asked not to be quoted for fear of retribution by colleagues who are trying to get McLeroy approved. "I'll be a little surprised if (the Senate GOP leadership) push the vote."

Marc Campos mentions this in passing:

This past Friday, a federal judge threw out Lopez v. City of Houston. That is the lawsuit filed by Vidal Martinez to force the City of H-Town to draw two more district council seats immediately. I guess it is not going to happen until 2011.

Finally, the Republican primary for Governor becomes interesting.

With plans to join the GOP primary with Gov. Rick Perry and U.S. Sen. Kay Bailey Hutchison, state Rep. Leo Berman, R-Tyler, said today he wil announce as a candidate for governor the week of July 4.

"I want to run for governor because there's one major problem in this state that no one seems to be addressing, and in of fact they are completely avoiding it, and that was quite evident in this legislative session as well, and that's the question of illegal aliens in Texas."

Berman was likely bolstered in his desire to run for Governor by an opinion from AG Greg Abbott back in March that said a sitting State Rep did not have to resign his seat once he announced his intent to run for Governor. Obviously, he'll have to file for one or the other on January 2, so this may wind up being a bluff. But Leo's just crazy enough to do it, so don't count him out. With him and Ron Paul disciple Debra Medina in the race, I really hope that the next batch of polls takes into account the fact that there are more than two candidates in the race. I can make a case for them skimming votes from either Perry or KBH, but however you see it, they could have an effect, maybe even force a runoff. And wouldn't that be fun? Stace has more.

Professor Murray takes a look at the upcoming runoff in District H, taking into consideration the 1992 Congressional election in which Rep. Gene Green won a runoff against Ben Reyes and the early and absentee voting patterns from this election. You can see my take here. All I know is that early voting begins in a week, and things have been pretty quiet so far. At least, I've not yet observed any negative campaigning like what we saw in the November 2003 runoff, which is fine by me. Of course, everyone may just be waiting till after the holiday weekend to get down to business. If so, we'll know soon enough.

It's a special Memorial Day edition of the Texas Progressive Alliance weekly blog roundup. Click on for the highlights.

WhosPlayin only had Random Thoughts this week, but guest blogger Calvin Tillman - mayor of Dish, TX - weighed in with his thoughts on the Stacked Deck being dealt by the Texas Railroad Commission and their bias towards the interests of the oil and gas companies.

At Left of College Station, Teddy reports on the recent increase in violence, the withdrawal of troops, and the possibility of what could happen in the war that has vanished from public debate: the fading war in Iraq.

CouldBeTrue of South Texas Chisme says the Voter ID debacle demonstrates the differences between Republicans and Democrats.

Off the Kuff takes a look at a battle between cities and some legislators over red light cameras.

WCNews at Eye On Williamson posts on the great job our Democratic state representative in HD-52 is doing this session in, Diana Maldonado's legislation.

TXsharon asked you to help Close the Halliburton Loophole and it looks like it's working, but don't let up on the pressure yet. From Bluedaze: DRILLING REFORM FOR TEXAS

New TPA member blog Castle Hills Democrats ran a satire piece by the blogger's good friend Melinda, poking fun at those who say they're Tired of Big Government.

Neil at Texas Liberal has been accepted as a member of the Academy of Political Science. Also, Neil finds that Houston's District H Council special election makes him ill.

This week, the Republican's sent out an email asking people to fight... for toll roads. McBlogger, predictably, thought their arguments were pretty weak.

Rick Carney, Gov. Suckseed's political consultant, likened efforts to broaden the appeal of the Texas Republican Party "becoming a whorehouse", and for some reason several of Kay Bailey's female supporters took offense. PDiddie at Brains and Eggs pops the corn and documents the atrocity.

Over at TexasKaos, TxSharon begs Congress to Close the Halliburton Loophole. She explains that the drilling industry is the only industry allowed to pump toxics into our water sources without special permission! Read the rest!

BossKitty at TruthHugger is totally pissed off that Republicans continue to take paranoid revenge on Democracy when it comes to serious legislation. They play dirty and spiteful games to get their pet projects injected into serious bills to help battered American Retirees: Retire Early In Self Defense Could Be A Mistake

So tomorrow night at midnight is the deadline for the House to approve Senate bills on second reading, which means that as long as the Democrats can keep the chubfest going, SB362 will die. Modulo any attempt to graft it onto some other piece of legislation, and a special session, of course. I took a break from following the ups and downs of this over the weekend - BOR did a great job with that, so catch up there if you need to. What I know at this point is that I don't expect any kind of deal, despite a fair bit of chatter over the weekend that one was possible, and that Speaker Straus' weak sauce obstruction charges suggests to me that the Rs are feeling less secure in their position right now than the Ds are. Beyond that, it's all in how everyone campaigns next year. So let's get it on, and let's see where those chips fall.

How can you tell that sine die is approaching? Governor Perry starts getting involved in the legislative process.

Perhaps state lawmakers are fatigued by Gov. Rick Perry's long tenure or maybe they're just balking at his leadership, but the Republican-led Legislature this year has turned its back repeatedly on the governor's decisions and policy positions.

The Senate has rejected a Perry appointee to the parole board as incompetent for the job. His nominee for Board of Education chairman is in grave danger. The House last month stripped Perry's office of most of its funding in the budget debate, and the money had to be restored in a joint conference committee.

House lawmakers also voted to abolish the Texas Department of Transportation, which is chaired by Perry's former chief of staff, and replace it with an elected commission. Not to mention the controversial $555 million in federal stimulus money that Perry wants to reject and lawmakers seemed poised to accept.

Publicly, Perry responds by exuding a "what-me-worry?" attitude.

"I don't ever get concerned about what goes on in the Legislature," Perry said recently. "I've been doing this for 20 years. It ebbs and flows."

However, this past week, the governor engaged in a major effort to salvage his legislative agenda and public persona.

Perry threatened a special session if his emergency item on windstorm insurance reform does not pass. In state and national publications, he sought to clarify his nationally publicized remarks on Texas secession from the union. And Perry lobbied lawmakers on the House floor for passage of major restrictions on top 10 percent admissions to state universities -- a bill that had not been on Perry's list of priorities previously.

Perry's staff also had to spend part of the week distancing him from his chief campaign consultant, who told the Dallas newspaper that expanding the GOP philosophical base is like opening a "whorehouse." Several prominent Republican women denounced the statement in a letter to Perry as "in keeping with how you've governed -- through division and an appeal to fear."'

[...]

"The governor is clearly distracted by an upcoming battle in the Republican primary and is probably is somewhat less focused on the range of issues that he might have been focused on," [Sen. John] Carona said.

Many believe that Perry, by attacking the federal government and the Obama administration, is trying to shore up hard right support for his expected GOP primary re-election challenge from U.S. Sen. Kay Bailey Hutchison.

"A lot of decisions, from my vantage point, appear to tempered by what appeals to the far right element in a Republican primary, and that can wreak havoc on the system," said state Sen. Rodney Ellis, D-Houston.

I'm pleased to report that the anti-Metro amendment that was in SB1263 has been removed. I am told that Rep. Ellen Cohen discussed the matter with Rep. Pickett, who agreed to remove the Houston-specific language. This is great news, not just for the fate of the Universities line, but as Christof notes, for the rest of the system:

Item (1) [of the original amendment] does not actually apply to the University Line, since there was no route set for the University Line before the referendum. But it does apply to the North Line (which was shifted from Irvington to Fulton at the request of neighborhood groups) and the Southeast Line (which was shifted from Scott to MLK, again at neighborhood request.)

Item (2) applies to every single one of the lines. METRO's ballot named lines and described end points; it did not call out every street a line would run on. It was not required to, and METRO had not yet done studies on all of the lines.

So this legislation would [have stopped] all property acquisition on all 5 new lines immediately.

Anyway. Even without Rep. Pickett's change of stance, it's possible this bill won't make it onto the calendar before tomorrow's deadline for the House to approve Senate bills, so one way or another this crisis will be averted. I'd still like to know who it was that got to Rep. Pickett and filled him full of lies, but I suppose we never will learn their identities. I do plan to hold this incident up as a shining example of the anti-Metro forces' hypocrisy the next time I see someone complain about the agency acting in a secretive manner. I'm sure it won't be long before that happens.

After all the haranging I did on this, the least I can do is to note this.

The Obama administration joined environmentalists Friday in heaping praise on Texas Democratic Reps. Charlie Gonzalez and Gene Green for helping climate change legislation win approval by a congressional committee.

Transportation Secretary Ray LaHood called the pair "courageous" for joining 30 other Democrats on the House Energy and Commerce Committee in voting for the roughly 1,000-page bill late Thursday.

With a relatively close vote of 33-25, the support from Green and Gonzalez was key -- one reason panel Chairman Henry Waxman, D-Calif., spent weeks negotiating with them on a plan to cushion refiners from the proposal's financial cost.

Waxman's agreement to give refiners 2 percent of an annual pool of valuable pollution permits helped seal the deal.

Both lawmakers represent congressional districts with major refining operations. Green's territory includes refining plants along the Houston ship channel. The headquarters of refiners Tesoro Corp. and Valero Energy Corp., are in San Antonio.

Gonzalez also secured changes designed to ensure a San Antonio power plant would eventually get some of the free permits -- even though it won't go online until late 2010.

Their support -- despite the oil industry's broad criticism of the climate change plan -- could sway other oil-patch Democrats to back the bill when it is debated by the full House later this year.

Better than a highly active season, I guess.

With the Atlantic hurricane season drawing near, the last of a growing number of storm prognosticators, Uncle Sam, chimed in Thursday with its predictions.

Federal forecasters with the National Oceanic and Atmospheric Administration said there probably would be nine to 14 named storms this year, with four to seven becoming hurricanes.

"A near-normal season is most likely," said Gerry Bell, NOAA's lead seasonal forecaster.
Among the burgeoning community of hurricane season forecasters -- from veterans such as William Gray and Phil Klotzbach at Colorado State University to new players like North Carolina State -- there's a general consensus that this year will bring less tropical weather than last year's 16 named storms.

They cite various reasons, such as an expectation of more moderate sea surface temperatures in tropical areas of the Atlantic Ocean as well as the possible development of an El Nino in the Pacific, which could dampen storm formation.

"During many El Nino years, we have had significantly fewer named storms than normal," said Chris Hebert, the lead hurricane forecaster with Houston-based ImpactWeather, a private forecasting service.

Over the last several decades an average of about 10 named storms have formed each year, but that number has risen significantly since 1995. Most forecasters attribute the rise to an upswing in a long-term, natural cycle of Atlantic temperatures called the Atlantic multidecadal oscillation.

Since 1995, 12 of the 14 Atlantic hurricane seasons have seen above-normal tropical activity.

Hope you're enjoying your Memorial Day weekend.

Yet another reason to disbelieve Selena Roberts.

David Dewhurst: Not the hardest working man in the Capitol.

A little nuance on that Gallup poll that claims more people are now "pro-life". If it turns out that was an outlier, will there be front-page headlines noting that fact? Yeah, right.

The man who ate the GOP.

Aiieee! The Romulans are coming!

Go ahead, tell us how many calories that order of chili cheese fries has. We need to know.

Newt Gingrich says "Quit doing it in my Facebook with the Twittering!" Or something like that.

Apparently, the future isn't bright enough for Governor Perry to wear shades.

"Frumpy" is the new "fun".

The Top Ten Disappointing Technologies, and the http://www.pcauthority.com.au/News/143771,top-10-technologies-that-burnt-early-adopters.aspx">Top Ten Technologies That Burned Early Adopters. Yeah, so true about the zip drive.

Hubble mission photos. Way cool.

George Will demonstrates his versatility by making stuff up on something other than global warming.

"Change comes in a tea bag." That just might make a coffee drinker out of me.

Run, Stormy, run!

Turns out waterboarding really is torture. Who knew? Apparently, some people will require similar confirmation, however. I'm sure they can be accommodated.

So what are the rules for determining when a former elected official's pronouncements are newsworthy?

Steph eulogizes her sister, without whom the TexansChick blog might never have been.

Just yesterday, the Chron wrote an editorial about how everything was coming up roses and daffodils for Metro lately, thanks to some federal funding (with more in the pipeline) for the light rail expansion and a generally favorable political climate. So naturally, what do we see today but this article about a sneak attack in the Lege on the Universities line.

The proposal, which still faces an uphill battle in the final days of the legislative session, was quietly attached last week to a loosely related bill by House lawmakers.

"It effectively kills the light rail program," said George Smalley, Metro's vice president for communications and marketing.

The new restrictions, if enacted, would limit the agency's eminent domain authority, needed to buy property for the rail lines, if a route differs from the 2003 referendum that authorized the light rail program.

The restrictions mirror the rhetoric of rail critics, who say the location of the controversial University Line down Richmond and Westpark doesn't conform to the referendum.

"If you lose a line like the University Line because you lost the power of condemnation, then the whole thing is at grave risk," Smalley said.

[...]

State Rep. Joe Pickett, who chairs the House Transportation Committee, said he added the new restrictions at the request of rail critics by amending another bill, which regulated fare enforcement by mass transit agencies.

The El Paso Democrat said they convinced him that the transit agency hadn't complied with the referendum. He said he hadn't talked with the agency, though, before adding the language.

At issue is whether it's lawful to build a line partially on Richmond when the ballot described it as being on Westpark.

The agency says the largest share of the line would, in fact, be on Westpark, adding that the ballot referred to a general location, the details of which should be based on federally required cost and ridership studies. Those indicate that a segment should be on Richmond.

Pickett said he is open to changing the language.

"If ... they intend to meet their promise that they made, then they shouldn't have a problem," he said. "It was pretty clear that there was a referendum that did state where (the line) was going, and we were just asked to ratify that." The legislation came to light just as agency officials were hopeful that, after years of debate and uncertainty, they would have the funding and political support to move forward.

The bill in question is SB1263. Here's the committee substitute version of the bill. The relevant text is the underlined section that begins "This subsection applies only to an authority created under Chapter 451, Transportation Code, that operates in an area in which the principal municipality has a population of 1.9 million or more." You could mention that you oppose this amendment that's been added to the committee substitute version of SB1263 when you call Pickett's office.

By the way, there's a real irony here in a sneak attack, made behind closed doors with no public input or notice, on an agency that's often criticized for not operating in a transparent manner. I daresay some of the people who are behind this covert operation have been quoted in the Chronicle at one time or another berating Metro for not being more open about what it's doing. And yet here they are, skulking through a back door, without the rest of us even having any idea who's behind it. Way to go, y'all.

The good news is that Houston lawmakers are not going to take this lying down.

The bill had been planned for a local and consent calendar reserved for non-controversial or limited measures that draw little debate, perhaps on Wednesday. But the controversy appeared likely to force the measure to be considered like any other complex legislation.

With only a week left in the session, and with hundreds of bills in line for consideration, the bill might never get a vote.

Several lawmakers have also said they would fight any attempt to tie the agency's hands.
"I've got my eye on it," said state Rep. Wayne Smith, R-Baytown, who predicted that the bill wouldn't survive in its current form.

State Sen. John Whitmire, D-Houston, also planned to investigate the issue, saying that prohibiting the agency's eminent domain powers "would prevent the common good."

"I'll get after it with all my might," he said. "I'm a great supporter. Rail is a vital component of our future and our transportation system."

Eight months ago, the city of Houston succeeded in closing down a strip club, its first such victory after finally getting a favorable verdict in the lawsuit to overturn the 1997 ordinance that more strictly regulated sexually-oriented businesses. They're now hunting more game.

Lawyers for the city filed a lawsuit Friday to close a Galleria-area topless club for not having a sexually oriented business license, the beginning of a City Hall crackdown on dozens of unlicensed clubs across Houston.

The lawsuit followed the arrest Thursday evening of nine employees of All Stars Men's Club, 2688 Winrock, including six dancers charged with solicitation of prostitution.

The suit asks 113th District Judge Patricia Hancock to issue a permanent injunction, arguing the club would not qualify for a required license because it is located 800 feet from a church and is closer than 1,500 feet to an area more than 75 percent residential.

"This is part of a bigger effort by the White administration to use the powers that are available to the city to protect and improve the quality of life in the city's neighborhoods," said private attorney Patrick Zummo, who was hired by the city to help enforce its sexually oriented business ordinance.

"We are working on another lawsuit that would include many of those businesses that are operating illegally, and which will probably be filed in the next couple of weeks."

"We know from both Houston's experience, and the experience in cities across the country, that sexual oriented-businesses are associated with higher rates of crime in the area around them and with lower property values," Zummo said. "That's why the federal courts allow reasonable regulation of these businesses."

According to one study, a little more than half of HISD's high school freshmen ultimately graduate.

Despite dozens of commencement ceremonies planned for the next two weeks, only 58.5 percent of Houston-area students who should be graduating will be earning diplomas this spring, community advocates said today.

Robert Sanborn, president and CEO of Children at Risk, announced on the steps of Houston City Hall this morning that his group commissioned the Texas Education Agency to conduct a study of six-year graduation rates. They learned that that 53 percent of the students who begin as ninth-graders in the Houston Independent School District had not graduated from any Texas high school in six years.

"We feel there is a real crisis, a crisis of graduation," Sanborn said, pointing out the link between poverty and education levels. "We really don't think the TEA and the school districts are being honest with the public."

Sanborn said HISD estimates it graduates as many as 77 percent of its students within four years. That number is based on faulty data that doesn't count as dropouts students who claim they're going to be home schooled, attend private school or move out of state or country.

Sanborn said the first step in fixing high schools is admitting the severity of the problem. He called for the state Legislature, the TEA and individual school districts to become more transparent and use the graduation rate calculation formula Children at Risk used in this study.

Karen Garza, HISD's chief academic officer, said the district certainly sees dropouts as an important problem that they are working to address. She questioned whether the Children at Risk numbers fail to consider how mobile the population of this urban school district is by excluding students who may start here but graduated in Oklahoma or Mexico or anywhere outside of Texas.

"We acknowledge this is a major issue. We've got to get better at keeping kids in school," Garza said. "We want solutions. We offer more and more options, things like flexible hours and on-line courses."

But, Garza said, HISD uses the formula prescribed by the TEA and she doesn't see the Children at Risk calculation as being any more reliable.

Council Member and Mayoral candidate Peter Brown comments on the Children at Risk study. I'm still a bit amazed at how education has become an issue in this race, and I'm still not sure what role the Mayor should be playing in Houston's public education; it's not clear to me how much of a role the Mayor could play without legislative action, anyway. That said, I'm always glad to see public education be the topic of conversation, at least among people who care about its success. Maybe just by keeping the spotlight on it, we can have a positive effect.

Grits points to this NYT article about the next phase of the battle between prosecutors and inmates over innocence claims and DNA testing. I agree with Grits - if some defendants are embarking on fishing expeditions, I say let them fish. It's not like the state never does that, and all it takes is one successful result to justify the practice. The cost can be on the claimant in a contested case if he doesn't have a court order, with the proviso that a result which proves innocence, or at least gets a conviction overturned, can be used to get reimbursement. We've seen way too many innocent men go free, often as the article notes too late to do anything about the real criminal, to continue to play these petty little games. Given that we're unlikely to see a widespread change in attitude among the prosecutorial class, and given the general level of indifference shown to innocence claims by various federal appeals courts and SCOTUS, perhaps federal legislation is needed to make this happen. Maybe Sen. Webb can put that on his to-do list.

So after yesterday's chubathon, which lasted till one AM, there are still a bunch of local and consent bills to be dealt with. After that, there are still more bills to go before the House could get to today's calendar, with SB362 still parked atop it. That makes it function as a de facto blocker bill, the irony of which I trust is lost on no one.

I can't say for sure that the Dems' strategy will work, in the sense of stalling long enough to keep SB362 from ever coming to the floor. I'm not sure how the math works out, and I presume the Republicans can and will force everyone to be on the floor as much as possible to try to maximize the time for bills to be brought up. It's possible the Republicans will go along with the two thirds rule to get to some bills ahead of SB362, and it's even possible some kind of compromise could be reached to allow SB362 to be voted on once and for all. Hard to say what that could be at this point, but crazier things have happened in the waning days of a session. Until further notice, assume there will be a lot more small talk and clock-watching on the floor.

UPDATE: There are some good bills that are stuck behind SB362 on the calendar. If the Dems' chubbing effort is successful, those bills will die. That is a shame, but it's the Republicans that have set the priority by declaring voter ID to be the single most important issue facing Texas today. They're perfectly capable of re-evaluating that priority.

As we know, the Senate confirmation of Don McLeroy as Chair of the State Board of Education, which we all thought had been scuttled back in April, got new life earlier this week when Senate Nominations Committee chair Mike Jackson, who had originally said he wouldn't bring the issue up if the votes weren't there to confirm McLeroy, brought it up and got committee approval. The full Senate will take it up next week, and the question is what if anything has changed. Elise Hu games it out.

So the Dems think they can effectively block with commitments of twelve senators to vote no. Meanwhile, TEA sources say they've heard something different.

"I've heard two or three Democrats [would vote for McLeroy]," said TEA Commissioner Robert Scott. "I've also heard one Republican is a hard 'no', so no one really knows for sure."

The timing is everything, considering the number of votes to confirm McLeroy depend on how many members are present at the time of the vote. Assuming all the Republican members will vote in favor, it would take at least three Democratic senators to leave the floor and not cast a vote in order for McLeroy to make it through.

Scott and TEA General Counsel David Anderson reminded us that this might be one of those "devil you know is better than the devil you don't" situations, saying it's unclear who McLeroy would be replaced with as chairman, and it's unknown whether that would be more or less satisfying to McLeroy's detractors.

What happens if McLeroy is not confirmed? Governor Perry gets to appoint someone else from the SBOE as Chair. He could certainly appoint someone who is equally as bad - Dunbar, Cargill, Mercer, Leo or Bradley. Or he could appoint a moderate Republican like Bob Craig, who has the best interests of Texas school children top of mind instead of a far religious right agenda.

But another question is whether McLeroy's defeat will really save the state of Texas any further embarrassment?

Maybe not. According to another bit of scuttlebutt from a lawmaker and few e-mailers today, it could actually make things worse. I always thought if McLeroy were ousted, Perry would pick one of thoughtful, sensible Republicans who serve on the board. There are several good choices: Bob Craig of Lubbock, Geraldine "Tincy" Miller of Dallas and Patricia Hardy of Weatherford.

But the name I heard mentioned today was none of those. It was Cynthia Dunbar of Richmond.

Yes, that Cynthia Dunbar.

It's certainly makes me wonder if, under at least one scenario, McLeroy's miracle could actually save us from a curse far worse.

What's an enlightened Texan to do?

As far as McLeroy himself is concerned, if I thought there was a reasonable chance that Perry would take this failure as a lesson in the need to moderate, I'd go all in on torpedoing him. But when has Perry ever done that? I believe he'll just double down on the crazy, since that's clearly his electoral strategy and this would present him with another opportunity to stroke the aggrieved paranoia of his base while giving KBH another opportunity to not address a hot button issue because she's too damn wishy-washy. Given that, I say the Dem Senators can do whatever they think is best. Draw the line in the sand, curry favor with Finance Chair Steve Ogden (who happens to be McLeroy's Senator), come down with a newly-evolved 24-hour virus and miss the whole sorry spectacle, I'm giving a free pass. Just put us all out of our misery and get it over with.

UPDATE: Muse notes that Republicans are calling Democratic senators to implore them to vote to confirm McLeroy. She also has a list of Dem senators whose position on McLeroy's confirmation are unknown.

UPDATE: And more from Muse, who clearly disagrees with me on this.

I'm very sorry to say that Deborah Greer-Costello, better known as Debutant, passed away earlier this week from the leukemia that she had been fighting since 2005. I never met Deb in person, I only knew her through her writing and through her sister, my friend Stephanie Stradley, but it was easy to see what a vibrant and interesting person she was. From her death notice, it's clear she accomplished much in her too-short life, including a lot after she first got sick.

As per her request, I'll be visiting the Gulf Coast Regional Blood Center shortly. I ask you to please do the same as well. Rest in peace, Debutant.

Mmm...burritos...

The hamburger is safe. Pizza probably doesn't have to worry. Nevertheless, on the menu of perennially popular food, one offering has been gaining steam against competitors: the burrito.

Thanks to favorable demographics in the U.S. and consumers' growing demand for the food, the burrito is proving to be a moneymaker for some restaurant chains.

Chipotle, which has 15 Houston-area restaurants, reported its first quarter sales increased to $355 million from $305 million during the same three-month period in 2008. Despite the economic dip, the Denver company with 830 U.S. establishments plans to open more than 120 restaurants this year.

While some restaurant chains are shuttering locations or reporting decreased sales, burrito businesses like Chipotle, Freebirds World Burrito and Bullritos are in expansion mode.

"I certainly think that burritos have taken place alongside hamburgers as iconic food in this country," said Chipotle spokesman Chris Arnold. "There's certainly a lot of reasons for that, demographic changes and broadening of culinary foods, but also the simple convenience of the burrito."

Freebirds, which has 25 Texas and Oklahoma locations, including six in Houston, plans to open at least six more Texas locations this year.

"It's a very popular menu item in America," said Bryan Lockwood, president of Tavistock Restaurants, which owns Freebirds. "It's probably just behind pizza."

That's the word of the day, as the Democrats use up most of the ten-minute allotment for discussion of bills on the Local and Consent calendar in order to delay, hopefully to death, the voter ID bill SB362. It's not a filibuster, as there's no such thing in the House - the talking is merely designed to slow the whole process down, which it has done in both chambers. Since there were over 200 bills on the Local and Consent calendar, and since the bills are taken in order, taking nearly ten minutes per bill can really grind things down. Dems have noted a way to get to the bills everyone really wants to tackle, by voting to do so on a Senate-like two-thirds vote to consider a bill out of order, but so far there have been no takers on that.

Burka thinks the Dems are making a huge strategic and political blunder by adopting this tactic. I agree with him on one point: Rick Perry will have no hesitation about calling a special session, if the only thing that prevents voter ID from passing is a successful murder of the clock. That's why I've thought for awhile that the best possible outcome is a floor vote that ends with the bill not passing. Maybe that's not attainable - if so, running out the clock and hoping for the best is about all there is left to do. I strongly disagree with his assertion that they may as well give up the fight, on this and on unemployment insurance, which will surely pass the House but would not survive a promised veto. On voter ID, the Democratic base can forgive losing, especially in a case where the deck was stacked to begin with, but it won't forgive surrender, not on this. Given a choice between giving the Rs a campaign issue and pissing off the very people they'll be counting on to help them win elections next year, it's no contest. As for UI, who's to say Perry will necessarily follow through, and if he does who's to say it's good politics for him to do so? I don't see the value in punting and am frankly a little puzzled by Burka's touting of it in either case.

As I write this, the chubbing continues, for who knows how much longer. I don't know how this ends. More than likely, it ends the way it was seemingly pre-ordained to end when the Senate gutted the two thirds rule so it could ram voter ID through, with SB362 passing. That may happen sometime before Tuesday, the last day for the House to pass a Senate bill on second reading, or it may happen later this summer. I'd still rather go down fighting. BOR and Rep. Peña have more.

UPDATE: Doesn't look like there will be any way out of this other than straight through it.

Gonna switch gears here for a couple of Fridays and do some themed lists. I was inspired to put a few of these together back when I did the spring songs and good songs lists, and I'm finally getting around to posting them now. First up is State Songs, ten songs about states:

1. New York State of Mind - Billy Joel
2. Stupid Texas Song - Austin Lounge Lizards
3. Garden State Stomp - Dave van Ronk
4. North Dakota - Lyle Lovett
5. Old Dominion - Eddie From Ohio
6. California Here I Come - Shorty Long
7. Massachusettes - Greg Greenaway
8. Carolina In My Mind - James Taylor
9. Georgia On My Mind - Ray Charles
10. There's A Panther In Michigan - Trout Fishing In America

I could have included more Texas songs, but I figured geographical diversity was in order here. What's on your playlist for this holiday weekend?

Like most people in Houston, I was shocked and saddened to hear about this.

As flames ripped through one of Houston's most notable retail icons Thursday night, Gallery Furniture founder Jim McIngvale vowed to rebuild.

But McIngvale, who earned fame with his colorful commercials and self-imposed moniker of Mattress Mack, acknowledged "millions and millions" in dollars of merchandise had been damaged in his flagship store's warehouse.

To his employees he promised, "We won't quit."

This morning he was at his other location at 2411 Post Oak Blvd., which opened earlier this year, preparing to start selling furniture again. True to form, shortly after dawn he was filming a commercial to remind customers of the new Galleria-area location.

McIngvale said it wasn't clear when he could get back into the original location, much less reopen it. In the meantime, he said the store is scouting locations for warehouse space to house several truckloads of furniture on its way.

As you know, the TxDOT sunset bill HB300 included among its many House amendments a couple that were aimed at killing off red light cameras in Texas' cities, by putting them under the authority of DPS and by forbidding the renewal of existing contracts with camera vendors. While it is entirely possible that these amendments will be removed by the Senate, it's safe to say that there exists legislative will to do away with the cameras. As such, the cities that operate them and which by and large have made money off of them are taking action now to protect their investments.

Officials in Arlington and Southlake are moving swiftly to sign 15- and 20-year deals with their respective vendors in hopes of getting around a plan by lawmakers to phase out the controversial devices.

"It's not the state's business. It's our business in terms of how we regulate local traffic," Arlington Councilman Mel LeBlanc said Wednesday. "We feel the original decision to institute red-light cameras has a lot of validity to it and is a public safety benefit to Arlington."

[...]

Meanwhile, Southlake signed a 15-year deal with Redflex Traffic Systems on Wednesday, extending the city's red-light camera program through 2024.

And Tuesday night, the Arlington City Council authorized staff to sign an extension with American Traffic Solutions through 2027. That hasn't happened yet, but city officials say they'll continue watching the activity in Austin and, if it looks like a ban is inevitable, sign the long-term deal before June 1.

Houston is "reviewing what our possible options are should the legislation pass," spokesman Frank Michel said. Houston's contract with ATS expires in June 2011.

Finally, on a tangential topic:

[Arlington] has cameras at 17 intersections and could place them at up to 40 under the contract. Wrecks at intersections with cameras have decreased 30 percent on average, said Steve Evans, management services director.

"We are seeing tangible benefits from the cameras," said Councilman Robert Rivera, who represents southeast Arlington. "We're seeing a reduction in fatalities, a reduction in accidents and an increased sense of awareness of safety in intersections."

[...]

Southlake installed its first two cameras last year and recently installed four more. Accidents at the first two intersections decreased by an average of 17 percent, officials said.

In North Richland Hills, nine cameras are in operation, spokesman Frank Fiorello said.

Crashes decreased by 54 percent at those intersections between September 2007 and August 2008.

Last week, I noted that Mayoral candidates Peter Brown and Gene Locke expressed very different opinions at a candidate forum about the Mayor's role in public education, with Brown advocating an urban school district with Mayoral appointees for its board, and Locke disagreeing with that approach. Both campaigns followed up with post-event press releases touting their positions. I've now received a similar statement from Annise Parker, which I present beneath the fold. I really need to spend some more time thinking about this, which I hope to do shortly after sine die, when I'm not devoting 80+% of my bloggy brain resources to the Lege. For now, here's Parker's statement on education.

The Mayor of the City of Houston has to get involved with the education system. There are actually 23 school districts in and around Houston, but, generally, we are only referring to HISD when we talk about school reform (system).

I have school age kids. I am very concerned about what happens to all children, not only in the classroom but between the hours of 3:30 when they get out of school and 5 or 5:30 when their parents get home.

Having the Mayor step in and run any of the school districts in the area would be a drastic measure that ultimately would not garner the level of leadership needed to fully educate our children. Instead, we must have effective after school programs in every elementary and middle school in the City of Houston. The City has a piece of that; the County has a piece of that; many of our non-profit organizations have a piece of that.

We need to collaborate and assist in after school programs, internships, and apprenticeship programs for kids coming out of our schools. We must listen to the community, collaborate on ideas and implement real solutions that will assist the districts in meeting their accountability goals.

Each resident has a part as well. There have been a series of public meetings going on in our neighborhoods. If you are in HISD, I urge you to attend those meetings and make your voice heard as to what the skill set should be for the new Superintendent.

As your Mayor I will appoint a Chief Education Officer, a cabinet level position to advise and meet regularly with all of the school Superintendents in the area, and advise me on issues as they arise.

In addition, the current Mayor and the next Mayor need to be intimately involved in working with the selection of the new Superintendent of HISD. It is too critical to our future not to have the elected leadership of the City of Houston engaged in education.

Via email from the Gene Locke campaign, the three Democratic State Senators who serve in Houston have all endorsed Locke's candidacy for Mayor.

"At a time when Houston needs a strong, accomplished leader at City Hall, the right candidate has come forward. We are committed to seeing Gene Locke elected Mayor of Houston," declared John Whitmire, Dean of the Texas Senate and Chairman of the Senate Committee on Criminal Justice; Rodney Ellis, Chairman of the Senate Committee on Government Organization and a member of the far-reaching Committee on State Affairs; and Mario Gallegos, Chairman of the Senate Sub-committee on Flooding & Evacuations and Vice-Chairman of the Committee on Jurisprudence. The declaration came in the form of a joint statement issued from Austin where the Texas Legislature is in the final weeks of its biennial session.

"At a time when Houston needs a strong, accomplished leader at City Hall, the right candidate has come forward. We are committed to seeing Gene Locke elected Mayor of Houston," declared John Whitmire, Dean of the Texas Senate and Chairman of the Senate Committee on Criminal Justice; Rodney Ellis, Chairman of the Senate Committee on Government Organization and a member of the far-reaching Committee on State Affairs; and Mario Gallegos, Chairman of the Senate Sub-committee on Flooding & Evacuations and Vice-Chairman of the Committee on Jurisprudence. The declaration came in the form of a joint statement issued from Austin where the Texas Legislature is in the final weeks of its biennial session.

"The next few years may be difficult for Houston," said Whitmire, pointing to shortfalls in city revenues already being discussed at City Council. "We've seen Gene Locke in action before, bringing both sides together in complex negotiations as City Attorney under Mayor Bob Lanier. Locke has a disciplined way of solving problems, listening and focusing on producing the best outcome for citizens."

Ellis, a Houston City Councilmember in the 1980s, believes Locke would compare well with the Mayors he has worked with during his quarter century as an elected official, "Gene was a leader stepping off the train heading for UH. He has never stopped leading. He has an enormous interest in public safety and once he is elected I would expect to see a lot of improvements in training, equipping and managing Houston law enforcement and emergency service departments."

Senator Gallegos, a former Captain with the Houston Fire Department, agreed, "Gene Locke knows police and fire services are a priority 365 days a year. He realizes more than others that state-of-the-art communications and protective devices will save lives."

Gene Locke responded, "Having the support of such seasoned, successful leaders sends a great message to all Houstonians. I am proud to accept the support of each of these fine elected officials with whom I have worked in the past and with whom I look forward to working in the future as Mayor of Houston. I promise to work doubly hard to earn their support and that of all voters."

All three Senators vow to walk door-to-door with Locke in their Districts, which make up many of the precincts in the City. Click here to listen to the Senators comments about why they are endorsing Gene Locke's candidacy. The trio were interviewed in Austin this weekend and clips from those interviews are now available on line.

Swamplot has a spiffy picture of the proposed Intermodal Transit Center on North Main, which last we checked may or may not actually get built. But we'll always have the pretty pictures, whatever else may happen. Check it out.

The conference committee on the budget finished its work yesterday.

While final details are still emerging, the 10 conferees worked out a last minute plan for spending $700 million of federal stimulus money for state fiscal stabilization. They hope that it will avert a special session, even if Perry vetoes some or all of the money. It appeared to go to school textbooks in part. And there were other things funded that are near and dear to the Perry family, such as preservation of a couple more county courthouses ($7 million) and restoring the fire-gutted Governor's Mansion.

Unclear at this time is the fate of the Davis/Walle amendment, which would drain money from the Texas Enterprise Fund in the event that SB1569 gets vetoed. And speaking of SB1569, it took a few steps forward in the House, but ultimately was not brought to a vote. The best writeup I've seen about what went on during this comes from Ed Sills' TxAFLCIOENews; I've reproduced it beneath the fold.

According to Brandi Grissom on Twitter, the House has recessed for the night due to its computers being down, without having passed any bills today. They're scheduled to work Saturday and Sunday, and according to Gardner Selby, voter ID is supposedly atop the calendar for Saturday. That's assuming they actually get to it - as we've seen multiple times this session, being on the calendar is no guarantee of anything. The Democrats will surely do what they can to run out the clock if they feel they must. We'll see how far down the agenda the House gets tomorrow.

The Texas House started debating SB 1569, the unemployment insurance bill, and it was going well until lawmakers breathed invisible gas, postponed action, started debating the top 10 percent rule, breathed more invisible gas and quit for the evening.

That's as good an explanation as any for a day in which not a single new bill was completed on the House floor. Mind you, this is not a complaint or a criticism; it's just weird as the House marches towards next week's doomsday deadlines on all legislation. One theory making the rounds is that lawmakers are trying to avoid consideration of the "voter ID" bill, but no first-hand knowledge is to be found here.

The debate on SB 1569 began on a positive note for labor's position as the bill sponsor, Rep. Mark Strama, D-Austin, maintained control of the issues and won a key vote to fend off an amendment that might have derailed the bill.

Strama stressed that the bill would bring in $555 million (plus up to $450 million in federal extension funds) and that amendments that had drawn a consensus would reduce the cost to employers, keeping them ahead of the game until 2021. He said the bill would deliver relief to laid-off workers and employers "while we are in pain".

The Austin lawmaker noted that at present, 295,000 Texans are drawing Unemployment Insurance benefits. (That number is about one-fifth of the total number of unemployed workers here.)

Among the amendments added to the bill:

--An amendment by Rep. Byron Cook, R-Corsicana, that bars transfer of funds from the UI system to the Texas Enterprise Fund, a governor-controlled economic development fund, if the UI fund hits a specific floor. This amendment was accepted without debate.

--An amendment by Rep. Carol Kent, D-Dallas, that implements extended benefits for some 80,000 Texas workers. The provision will bring in up to $450 million in additional federal funds. The amendment was added to the bill on a record vote of 100-44. Amazingly, 44 Republicans voted simply not to take the federal unemployment extension money at no additional cost to Texas or employers.

--An amendment by Rep. Patricia Harless, R-Spring, that allows the Texas Workforce Commission to collect overpayments made to claimants because of agency errors. The United Labor Legislative Committee has opposed a different version of the amendment in the past because the proposals lacked due process. But Harless noted she worked with the Texas AFL-CIO and the Center for Public Policy Priorities to include safeguards: no interest; a one-year statute of limitations for collecting incorrectly dispensed funds; and the availability of payment plans for return of the money. Following that explanation, the measure was added by consensus.

--An amendment by Rep. Todd Smith, R-Bedford, that holds employers harmless when the cost of expanded UI coverage eventually exceeds the benefit of the federal funds. Smith said he had opposed the bill outright until hearing from Bell Helicopter and a local chamber of commerce, both of which calculated that not passing the bill would be more expensive than passing it. The amendment offers employers a cut in the franchise tax at the point when the state determines the law would have a net cost to employers. Smith conceded the amendment only applies to companies that pay the franchise tax (not, generally, small businesses), but he said the bill is better with the amendment than without it. The amendment was accepted.

--An amendment by Strama that clarifies the new coverage for part-time workers will apply to part-time workers who lose their jobs and seek continued part-time work (and not to full-time workers who seek part-time work). Strama said that clarification saves $5 million.

Lawmakers fended off a proposal by Rep. Ken Legler, R-Pasadena, that would have subjected unemployed workers to a drug test before they could collect benefits.

After some heated debate involving several lawmakers, Strama managed to morph the proposal to include the issue in the interim study of the UI system proposed under the bill. That occurred on a key 74-67 vote that had been preceded by two procedural votes that were close enough to require member-by-member verifications.

After some procedural wrangling, Strama postponed the bill until 5 p.m. The House never touched the bill again today.

When I blogged about a recent story in the Chron about some resume-stretching by Roy Morales, I suggested that he should turn his firing by the Houston Emergency Center as a positive. Well, he's now written a letter to the editor doing exactly that.

But it is the description of my departure from the Houston Emergency Center that is the most incomplete. I should have been more forceful in explaining the circumstances. The fact is, I bucked the city bureaucracy because I thought decisions were being made that jeopardized the 911 response system and put the people of Houston at risk. Inexperienced people were installing new technology for which there was no written plan. And this was occurring at a time when the center was facing issues related to previous technology and electrical problems. So I spoke up. I said it could bring the system down. My superiors disagreed. I was given the option to leave, and I did. Faced with the same decision now, I'd do the same thing.

I've mentioned the prospect of a special session several times lately. One of the issues that could be the cause of a special session is windstorm insurance, as the Texas Windstorm Insurance Association took it on the chin last year thanks to Hurricane Ike. Governor Perry even came to the floor of the House yesterday to threaten that he'd call a special session for June 2, the day after sine die, if a bill didn't get passed. Apparently, that was enough to make something happen.

Windstorm insurance reform legislation suddenly got voted out of a House committee Wednesday after Gov. Rick Perry threatened to call a special session on June 2 if the bill does not pass.

Both inland and coastal lawmakers expressed concerns about the bill they voted on, but said they needed to get something to a House/Senate conference committee if there is any hope of reaching a compromise to avoid a special session.

Rep. Trey Martinez Fischer, D-San Antonio, complained that he was being forced to vote on a 51-page bill that he had not read. He said the House has had the entire session to work on a compromise and now was being presented a "false choice" of voting on an unseen bill or having it die in the Legislature's closing crunch.

"The House is on fire! Let's vote it out," Martinez Fischer said.

"I don't care what you do. If you want to vote it down, vote it down," replied House Insurance Committee Chairman John Smithee, R-Amarillo.

Rep. Senfronia Thompson, D-Houston, joined Martinez Fischer in voting against the bill, also complaining that she had not had a chance to read it.

"I'm not trying to slow the process down, but don't I have a right to read this stuff?" Thompson asked.

Rep. Todd Hunter, R-Corpus Christi, urged his fellow committee members to vote for the bill just to keep it moving and not let it die. He said there are many things in it that still bother him.

"We have been told we will be called into a special session on June 2 if we do not get this matter resolved," Hunter said. "Get the process moving so we do not kill the issue."

Be sure to smile for the cameras if you visit the Westchase District.

A West Houston nonprofit group on Tuesday applied for city permission to install the first of a dozen security cameras it plans to purchase to reduce crime in the affluent neighborhood.

Images from the cameras will be fed to the Houston Police Department as part of an ongoing city initiative to assemble a network of hundreds of security cameras to monitor public streets, stadiums, freeways and the Port of Houston.

Calling it a prime example of a private-public partnership for public safety, HPD Assistant Chief Vickie King said the westside initiative is allowed by city ordinance.

"Communities who want to install cameras that capture movements on the public right of way may do so, so long as private property is shielded from view," she said.

The proposed camera system was introduced Tuesday by Houston businessman Jim "Mattress Mack" McIngvale and his wife, Linda, who live in an apartment at the Westside Tennis and Fitness Center, which they own. McIngvale said he became a fan of camera-surveillance technology because it quickly ended auto thefts and burglaries after he installed them at his furniture business.

"Police are stretched on their budgets, so it's something we wanted to do as merchants," said McIngvale, a member of the nonprofit Operation Westside Success, which is raising money for the system. "We've got a big economic stake in this, and it's up to us to make our neighborhoods better."

Dennis Storemski, director of the Mayor's Office of Public Safety and Homeland Security, said the city has 25 surveillance cameras in the central business district and is using federal grants to tie into state highway-department cameras on Houston freeways, as well as cameras monitoring the Houston Ship Channel and port facilities.

James Murphy, general manager of the Westchase District, said cameras the improvement district installed on private property outside restaurants and shopping malls led to a dramatic reduction in crime.

"We have 11 cameras we're using, and it's fantastic," Murphy said. "We've reduced parking-lot crime in those locations 70 percent on average, and in some areas more. We're talking about auto theft, auto break-ins and robberies."

The use of closed-circuit television in city and town centres and public housing estates does not have a significant effect on crime, according to Home Office-funded research to be distributed to all police forces in England and Wales this summer.

The review of 44 research studies on CCTV schemes by the Campbell Collaboration found that they do have a modest impact on crime overall but are at their most effective in cutting vehicle crime in car parks, especially when used alongside improved lighting and the introduction of security guards.

Good.

Landmark credit card legislation, poised to reach President Obama's desk as early as Memorial Day, will force the card industry to reinvent itself and consumers to rethink the way they use plastic.

The Senate Tuesday took a critical step forward by voting 90 to 5 to pass a bill that would sharply curtail credit card issuers' ability to raise interest rates and charge fees. Lawmakers will now turn to reconciling differences with a similar bill approved by the House last month. Swift passage was expected given that the Senate version received so much bipartisan support and that the White House has pressed for action.

When Obama signs a bill into law as expected, the $960 billion credit card industry will go through restructuring that could have broad implications for consumers. (Details of the bill can be found here.)

The bill will prohibit card companies from raising interest rates on existing balances unless the borrower is at least 60 days late. If the cardholder pays on time for the following six months, the company would have to restore the original rate. On cards with more than one interest rate, issuers will have to apply payments first to the debts with the highest rates, which would help borrowers pay off their cards more quickly.

Treasury Secretary Timothy Geithner said the bill "will help create a more fair, transparent and simple consumer credit market."

When credit cards were introduced about 50 years ago, issuers practiced a one-size-fits-all approach of charging an annual fee and roughly the same interest rate of about 18 percent to everyone. As the industry became more deregulated in the 1980s, around the time that credit scores were introduced, issuers were able to separate the risky from the not-so-risky borrower and tailor the terms of card contracts.

The money they made from customers who did not pay their bills in full each month became an important revenue source. The industry makes $15 billion annually from penalty fees, and one-fifth of consumers carrying credit card debt pay an interest rate above 20 percent, according to figures cited by the White House and compiled from the Government Accountability Office and the Federal Reserve.

To make up for the lost revenue, card issuers will turn to those customers who pay what they owe in full and on time every month, analysts said. Gone will be the days when creditworthy customers enjoyed the benefits of low interest rates and cards that offer rewards such as frequent flier miles and cash back, they said. Annual fees, which had been banished to cards with rewards programs, are likely to return. Offers for zero percent balance transfers are likely to become rarer.

"This industry will start looking more like a one-size-fits-all pricing approach which dominated in the '80s -- 18 percent interest and a $20 annual fees," said David Robertson, publisher of the Nilson Report, which covers the industry. Customers who pay in full each month will have "to start picking up the slack, to start pulling their weight."

Back in April, the Senate declined to act on the confirmation of Don McLeroy as the chair of the State Board of Education, as Nomination Committee Chair Mike Jackson decided there weren't enough votes to confirm him. That may not be the case any more, as McLeroy has now been approved by the committee and will get a hearing before the full Senate soon. I'd like to see this go down in flames, because both he and Governor Perry deserve the dishonor, but it's not like this boots him off the SBOE, and it's not like we'll get anyone better. It's more optics than substance, and while the SBOE could use all the help it can get on either score, in the end this doesn't amount to that much. I'm hoping for the best, but neither too optimistic nor too wigged out about it.

SB362 was not on the calendar today, but it is expected to be brought to the House floor before the Tuesday deadline for approving Senate bills, perhaps as early as tomorrow. House Dems had a press conference today, accidentally pre-empting a Republican presser in the process, to decry voter ID and vow to fight it tooth and nail if it does come to the floor. None of that is new, though the hints that there might be a quorum-busting maneuver, plus the suggestion (on Twitter) that the Dems have the votes to defeat SB362, are. I suppose if the latter is true then there's no need for the former, though given Rep. David Farabee's comment that he could support a voter ID proposal that had a phase-in period, I suspect no one wants to take any chances in the event the Republican hardliners decide to grab the half a loaf that's almost surely available to them. The clock is the Democrats' friend on this (at least until Governor Perry calls a special session), and they emphasized the short amount of time remaining till sine die and the long list of things like windstorm insurance reform that still need to get done. I think in the end it will come down to counting noses. If the Dems really can beat this thing, which I think they can do as SB362 stands (remember, the GOP is a vote short right now), it'll die. If the Republicans give a little, they can probably peel off enough support to get something passed. I'd say the choice is theirs.

UPDATE: Via Twitter, voter ID is not on the calendar for Friday. This is just a guess, but maybe Jim Dunnam is right and the votes aren't there to pass it, and the delay is to give the Republicans time to get a majority. At which, needless to say, I want them to fail. Keep hope alive.

Yolanda Navarro Flores, who finished third in the District H special election on May 9, has endorsed Maverick Welsh for the runoff. From the email the Welsh campaign sent out:

"Maverick Welsh will be a great city council member. He is sensitive to our Latino needs and issues...his door will be open to black, brown, and white. Maverick will not put the personal political agenda of others before the interests of the people."

Yolanda is a distinguished resident of District H, serving on the HCC Board and having served in the Texas House of Representatives. She and her family have a proud history of standing for the people of our community.

"Today, I offer my endorsement to Maverick Welsh," Yolanda said Tuesday. "My endorsement is for change and responsiveness for our District, not the same politics of the "patron/patrona" hand-picking the candidate for the people. No more status quo politics. My endorsement is for Maverick Welsh--he represents hope for a new and better future for all people in District H and our great city."

Having said this, it's not that big a surprise that Flores would back Welsh. We know that there's no love lost between Flores and Gonzalez. For her to endorse him would have been the bigger surprise.

The runoff is scheduled for Saturday, June 13. Early voting begins on Monday, June 1, and runs through Tuesday, June 9, at the same locations as for the May election. You can see the times and places here (PDF). If you voted in the May 9 election, expect to have your door knocked sometime between now and then.

Even fewer voters are expected at the polls for the runoff than the initial contest, when about 4,200 out of 93,000 cast ballots among nine candidates. That, political analysts say, and the already slim 183-vote difference between Welsh and Gonzalez, is expected to transform the next three weeks into a campaign blitz between two highly-motivated candidates with vocal and ardent supporters.

"It's all about turnout and who has the organization and can deliver their voters to the polls," said Robert Stein, a political science professor at Rice University.

Shorter Rick Perry: "I never actually used the word 'secede'."

Fine, whatever. The judge grants your motion to dismiss on the technicality. But we all know that you've raised your national profile while gaining ground in the polls, because the voters you've been so assiduously courting like the secession talk just fine, whether you've been doing it explicitly or just making with the winks and the nudges. It's been more than a month since the teabagging parties, at which the Governor didn't quite say the word "secession" while addressing a crowd that clearly loved the idea, and he's just now writing a letter to the editor to set the record straight? That's some kind of decisive action right there.

Yes! Yes, yes, yes!

A federal judge has issued two temporary restraining orders designed to stop what officials describe as a wave of deceptive "robo-calls" warning people their auto warranties are expiring and offering to sell them new service plans.

[...]

The FTC filed suit against two companies and their executives on Thursday, asking a federal court in Chicago to halt a wave of as many as 1 billion automated, random, prerecorded calls and freeze the assets of the companies.

Officials say the calls have targeted consumers regardless of whether they have warranties or even own cars and ignore the Do Not Call registry. They say telemarketers have misrepresented service agreements consumers have to buy for warranties that come with the price of the car.

Sen. Charles Schumer, D-N.Y. had asked for an FTC investigation into what he described as the scam of "robo-dialer harassment."

"These calls are annoying, but worse, many Americans have been fleeced," he said.

U.S. District Judge John F. Grady issued the temporary restraining order against Transcontinental Warranty Inc. on Thursday and Voice Touch Inc. on Friday.

Grady's orders also applied to Transcontinental CEO and President Christopher Cowart, Voice Touch executives James and Maureen Dunne, Voice Touch business partner Network Foundations LLC and Network Foundations executive Damian Kohlfeld.

[...]

Besides ordering a halt to the automatic telephone sales calls, Grady's order froze the assets of the two companies. The FTC alleged in its complaints that the calls were part of a deceptive scheme and asked the court to assure the assets will not be lost in case they might be needed to repay consumers who have been victimized.

The temporary restraining orders are to remain in effect until May 29, when Grady scheduled a hearing on the FTC's request for a preliminary injunction.

The FTC isn't immediately seeking civil fines against the companies but may do so later, agency officials said.

I've got to agree with Stace here: Why should anyone in Houston care what some outfit that's based in Spring thinks about anything related to Houston politics or policies? Last I checked, the citizens of Spring don't vote in Houston elections or pay Houston property taxes. Some of them may pay sales taxes in Houston, which would put them on roughly the same footing as the undocumented immigrants this particular outfit is so worked up about. Beyond that, I'll give these guys the same advice I give other non-residents who want to tell us how to run things: Move here and run for Mayor yourself. Until then, who cares what you think?

Good.

Sen. Steve Ogden just announced that his rider banning use of state funds for embryonic stem cell research will not appear in the new state budget.

"We really couldn't come to a consensus" so the bill will be silent on the stem cell issue, Ogden announced in this morning's conference committee meeting on the budget bill. "I continue to be concerned about us continuing to be silent" on what he called "a profound issue."

While the federal government has guidelines and regulations concerning use of federal money in such research, "in Texas there are none. I hope even though we adopt this rider (the House version, which was silent on stem cell research), it is not the last word on this subject," Ogden said.

Now, if the Davis/Walle amendment on unemployment insurance and the Texas Enterprise Fund survives, then I'll be even happier. The House is supposed to take up SB1569 tomorrow, which likely doesn't leave enough time to pass it and override a veto, so the best bet to make sure Texas gets the unemployment funds it needs is to make it painful for Rick Perry to reject them. Let's hope it happens.

I thought it still had a chance after it finally passed out of committee in the Senate, but the statewide smoking ban is officially dead.

[State Sen. Rodney] Ellis held a press conference to announce the death of the statewide smoking ban in public facilities and indoor workplaces after it failed to get enough Senate support.

The announcement comes at the end of a dramatic last minute push over the last two days by Ellis and others, notably Rep. Carol Alvarado who got one bended knee and pleaded with Sen. Mario Gallegos to change his "no" vote. "If you watch the tape you'll either think I'm a dancer or I was working votes," said Ellis. "I can assure you, I had very little to dance about."

Yesterday, Ellis said he was at 20 votes in the Senate, just one short of the 21 needed to bring a bill to the floor. But, things changed between the end of yesterday's floor session and this morning. "Some of the amendments that I was inclined to take [yesterday] became even more Draconian overnight," he said. Ellis opted to end the fight rather than "gut the bill to the point where it's almost meaningless."

Advocacy groups like Smoke Free Texas vows to continue their fight as they look forward to the 2011 session. "Two years from now, when the Legislature returns," Smoke Free Texas member and government relations director for the Texas High Plains Division of the American Cancer Society James Gray said in a statement, "more states will be smoke-free, more Texas communities will have passed local moke-free ordinances - and thousands more Texans will be ill or dead from secondhand smoke exposure."

Meanwhile, in other legislative news and notes:

- The handguns-on-campus bill gets new life in the Senate after an identical House bill had been declared dead. I can't say I'm crazy about this, but given that private schools can opt out, I'm not too worked up about it. I thought at the time of its passage that the original concealed-carry law would be a disaster, and that has not proven to be the case. I suspect in the end this will not be any different. This still has to pass the House, however, and as Floor Pass notes, it may run out of time before that happens.

- Congratulations! It's a bouncing new state agency.

The Texas Senate, GOP-controlled and usually advocating smaller government, voted this afternoon to create a new state agency -- the Texas Department of Motor Vehicles -- to help streamline vehicle registrations in the state.

Earlier approved by the House, the measure includes only a transfer of registrations and three other functions from the Texas Department of Transportation.

It does not include vehicle inspection and driver licensing, which legislative leaders had earlier threatened to strip from the embattled Texas Department of Public Safety.

"Maintaining these functions under the TxDOT umbrella does not allow that agency to focus on its core mission" of building and maintaining Texas' transportation system," said state Sen. John Carona, R-Dallas, the Senate sponsor of the measure. "By separating these functions into a new agency, we can more rapidly automate the process."

In addition to the Vehicle Title and Registration Division, the new agency will include the Motor Carrier Division, the Automobile and Vehicle Theft Prevention Division and and Motor Vehicle Division, Corona said. It will not include a transfer of overweight permits.

- Sen. Patrick's slightly-watered down sonogram bill got somewhat undiluted in the House State Affairs committee. If we're lucky, that will make it too rich to pass the Senate again.

- HCR50, the states-rights resolution that Governor Perry embraced for the teabagging demonstrations, got derailed, at least for now, on a point of order.

- That burning smell you might have detected earlier today was TxDOT getting grilled by the House over HB300.

- A lot of good environmental bills are still alive.

- When you make a mistake, and you admit you've made a mistake, you try to fix it, right? Well, then you're not the Texas Railroad Commission, which needs for the Lege to clean up after itself.

- And finally, it's probably a bad idea to imply that your primary opponent's supporters are somehow akin to prostitutes. Eileen explains. No, that's not legislative in nature, but I couldn't pass it up.

Senator Rodney Ellis (D-Houston) today announced that the effort to pass smoke-free Texas legislation has fallen short in the Texas Senate. The announcement ends a months-long effort by Senator Rodney Ellis (D-Houston), Representative Myra Crownover (R-Denton) and Lieutenant Governor David Dewhurst to build enough support to pass the measure into law.

Senate Bill 544 would have eliminated smoking in indoor public places, including municipal worksites and private worksites including restaurants, restaurant bars and stand-alone bars. The legislation would have levied a maximum fine of $100 for owners, managers or operators, but exempted cigar bars and tobacco shops.

"I am terribly disappointed that we were unable to ban smoking in public places," said Senator Ellis. "Make no mistake, a uniform, smoke-free workplace standard for Texas will happen, sooner rather than later" said Ellis. "The vast majority of Texans understand the impact smoking has on our health and our economy. The legislation would have improved the health of Texans and save our state billions of dollars in health care costs over time."

"Big tobacco spent millions to kill smoke-free legislation and they got to enough of our legislators to win this round. On the state level we have to hit pause but in local governments across Texas we're mobilizing starting June 1st. Nearly seventy percent of Texans support comprehensive smoke-free legislation and we want safe, smoke-free work places where we can earn a living. As we've seen in states all over America, it's just a matter of time before our efforts succeed. We are not intimidated by big tobacco and we will not give up." Lance Armstrong, founder and chairman of the Lance Armstrong Foundation.

Senate Bill 544, supported by the American Cancer Society, American Heart Association, the Texas Restaurant Association and others, was derailed in large measure due to an intense lobbying efforts by tobacco companies. According to the Dallas Morning News, Big Tobacco interests have hired 40 lobbyists and are spending between $1.2 and $2.4 million lobbying against the smoking ban and a new formula for taxing chewing tobacco.

"The highly-paid lobbyists of Big Tobacco have scored a short-term victory, to the detriment of Texans' health, but it will be short-lived," said Ellis. "They are fighting a losing battle because 70 percent of Texans want a statewide smoking ban. Deep pockets can thwart the will of the people for only so long."

Secondhand smoke is a known cause of lung cancer, heart disease, low birth weight, chronic lung ailments (such as bronchitis and asthma) and other health problems, and it leads to the death of 53,000 Americans each year studies have found. Of Texans polled by Smoke-Free Texas, 92 percent said they realized that secondhand smoke is a health hazard.

According to the U.S. Centers for Disease Control, an estimated 37 percent of adult nonsmokers inhale secondhand smoke at home or work. Levels of secondhand smoke in bars are 3.9 to 6.1 times higher than in office worksites and up to 4.5 times higher than in homes with at least one smoker, according to the Journal of the American Medical Association.

A statewide poll commissioned by the Smoke-Free Texas coalition found that 68 percent of Texans favor a statewide law eliminating smoking in all indoor workplaces and public facilities including public buildings, offices, restaurants and bars. The statewide poll mirrors Texans' choice at the ballot box - 28 cities have passed comprehensive smoking bans and 250 others have passed more limited anti-smoking measures. Nationwide, 26 states have passed similar smoking bans.

Barbara Radnofsky talks to Gardner Selby about her intent to run for Attorney General in 2010.

Radnofsky said Thursday she's going to run next year for attorney general, starting with an Austin fund-raiser Tuesday featuring nine Democratic state representatives (all 74 Dems were contacted, Radnofsky said, but most may be session-swamped).

Reminded that the past three Democratic aspirants for attorney general drew no more than 44 percent of the November vote, Radnofsky replied: "You're mired in the past."

Radnofsky stressed research gathered last year suggesting that Texas voters are identify themselves as Democrats than Republicans. Tracking polls analyzed by the Gallup organization found that 43 percent of Texans see themselves as Democrats compared to 41 percent of Republicans.

"The face of the state has changed," she said.

That assumes, of course, that Radnofsky or whoever the nominee is can raise the dough needed for that. She seems to be taking a step in that direction.

New-hires on her side: Fund-raising consultant Jim Cunningham of Kentucky, pollster Andre Pineda of Los Angeles and direct-mail consultant Kevin Geary, who heads the Philadelphia office of the Baughman Group. Radnofsky said she's hunting for a TV advertising consultant.

Separately, I've heard chatter that other Democrats could yet test the waters for AG including state Reps. Trey Martinez Fischer of San Antonio, Pete Gallego of Alpine and state Sens. Royce West of Dallas and Kirk Watson of Austin, the party's AG nominee in 2002. Republicans in the mix could include Ted Cruz, the state's former solicitor-general (who's already raising money and exploring a try), state Rep. Dan Branch of Dallas and Justice Dale Wainwright of the Texas Supreme Court.

Radnofsky said she'd be happy not having a major primary opponent. Referring to the perennial Universal City candidate with a dancer's name whom she beat in a 2006 runoff, she said: "If the only opponent ended up being Gene Kelly, that'd be OK."

So now we know that the new soccer stadium is likely to happen, even though Commissioners Court continues to take its sweet time about it. We know that the new light rail lines, including the Southeast and Harrisburg lines, are on their way soon as well. And we know that these two things together will cause a break in the downtown traffic grid that needs to be addressed. The good news is that there's a way to do this that will benefit both rail and automotive traffic. Christof has the details.

Welcome to the blogosphere, Lisa Falkenberg. I think you'll find the medium gives you a lot of freedom as a writer - if nothing else, each entry needn't be the same length. Experiment a little, engage some of us old guys of the neighborhood, and above all have fun. Now when is Rick Casey gonna get one, too?

We are approaching the end of May, and that can mean only one thing: Everyone is trying to remember how to pronounce sine die. The members of the Texas Progressive Alliance will reveal that information sometime after June 1, but in the meantime, we'll reveal this week's TPA blog roundup. Click on for the highlights.

At Bluedaze, TXsharon asks: What are the chances that an industry in charge of conducting its own testing to determine waste disposal methods will find toxin levels too high if that means disposal of the waste will be more costly? Landfarms: Spreading Toxic Drilling Waste on Farmland. With VIDEO.

BossKitty at TruthHugger sees lessons never learned ... it is NOT about religion, ya'll! How does it fit that US Military crusader evangelists want to save these souls right before we blow them away. How can we justify putting Mulims on death row, by their own people, just because we convinced them to become APOSTATES?! General Order Number One, Forbid Proselytizing - Evangelists Cannot Protect Murtads - Wars fought using 12th century religious mentality means that civilization has made two steps backwards!

Mean Rachel is reminded on Mother's Day of children, the lack thereof and why The Pill should be available over the counter.

CouldBeTrue of South Texas Chisme wants to know how can Rick Perry brag about how well Texas is doing when over 22% of our children face hunger every day?

Gary at Easter Lemming Liberal News showed a video from the Texas Freedom Network of our own Texas Department of Miseducation in action.

WhosPlayin covered the Denton County Democrats' election of a new County Chair, after previous chairman Neil Durrance resigned to run for U.S. Congress in District 26 in 2010.

The bad news is that unemployment keeps rising in Texas. The good news is that means there's more federal stimulus money available for unemployment insurance, if the Lege and Governor Perry take it. Off the Kuff has the details.

WCNews at Eye On Williamson posts on the latest stunt by our member of Congress, AusChron asks a question about Rep. John Carter - is he a nutball?

Neil at Texas Liberal is very glad that the left won a big election victory in India, Strong Victory For Center-Left Congress Party In India--World's Two Largest Democracies Now Firmly Reject Conservatives, and that now the world's two largest democracies have firmly rejected conservatives.

Harry Balczak is a little upset. Come by McBlogger so you to can understand how much he hates the idea of Texas becoming so $%@*$%%^ puritanical.

John Coby at Bay Area Houston says it is Time to Sunset Bob Perry's Builder Commission.

This week Teddy at Left of College Stationcovers President Obama's decision to continue to use the Bush Administration "con-missions" to prosecute detainees at Guantanamo Bay. Also, Wednesday Teddy will be a co-host of Biased Transmission, a progressive talk radio show on the community radio station 89.1FM KEOS. This week Jim Olson, Texas A&M University Senior Lecturer and CIA-Officer-in-Residence, will return to the show to discuss the "enhanced interrogations" used during the Bush Administration.

Over at TexasKaos, liberaltexan takes on the Obama administration's decision to continue the military Con-Missions. He seems to believe we should, like, trust our own judicial institutions and not make up new, untested ones with no demonstration of necessity or superiority.. See his diary, President Obama to Continue Con-Missions...

Xanthippas at Three Wise Men takes heed of journalist Ahmed Rashid's warnings about Pakistan, which teeters on the brink of chaos.

Good ol' boy Gene Green got real scared by some progressive activists who came to his office this past week. PDiddie recounted the poor Congressman's terror at Brains and Eggs.

Citizen Sarah over at Texas Vox, one of the newest members of TPA, celebrates a victory for renewable energy as the Senate passes through a non-wind renewable portfolio standard. Translation from green geek speech: Lots more solar power for Texas!

Hair Balls tries to make sense of a Senate criminal justice bill that is currently in committee in the House.

[The bill,] authored by Republican State Senator Florence Shapiro of Plano seems remarkably straightforward: It prohibits registered sex offenders from "using the Internet to access pornographic material."

It would also establish a means for "a commercial social networking site or Internet service provider" to be provided with a list of said perverts, so such businesses can alert authorities if they're using those sites to prey on kids.

But what got Hair Balls was that first part -- about not allowing these pervs to look at any pornography, or as stated later in the bill, anything deemed "obscene." (The bill refers to the obscenity section of the penal code, which offers different definitions of obscenity, which include simulated sex.) Even though, as everyone knows, there is hardly any sex stuff on the Interweb, how would something like that even be enforced?

As we know, the massive House sunset bill for TxDOT, HB300, contained a boatload of amendments that greatly altered the original bill, including one that would make TxDOT a 15-member elected commission and one that would have outlawed red light cameras. As I suggested, however, the Senate version of this bill would look quite a bit different. Here's a brief overview of that.

[T]he Senate version laid out in committee this morning (after the House last week passed a version festooned with 177 amendments) does not have the 15-member elected Texas Transportation Commission. It would stick with the current five-member commission appointed by the governor. Mostly. The difference from current law is that the members would have two-year terms and, if the governor didn't reappoint them or name a new one by Feb. 28 of odd-numbered years, the appointment would then fall to the lieutenant governor.

There are of course myriad other differences, all of them presented in a 70-page "side-by-side-by-side-by-side" that compares current law, the original Senate version, the passed House version and the current Senate version.

Another difference between the House and this Senate version: Red-light cameras would remain legal under the Senate version. The House zapped it. Senate sponsor state Sen. Glenn Hegar, R-Katy, said that while he personally opposes red-light cameras, there's enough support for them among other senators that that's not something he wants to take on.

As for the key underlying issue -- whether TxDOT would be neutered, as in the House version, by giving real power over project decisions to local planning organizations -- Hegar said his current version does not do that.

The "legislative oversight committee" for TxDOT recommended by the Texas Sunset Review Commission is different between the two bodies. The House would have an eight-member group of House and Senate members, including the chairs of the transportation, finance and appropriations committees. The Senate version basically uses the existing committee structure, having the House and Senate transportation committees meet as a group once a quarter to look over TxDOT's shoulder.

It's too early to say how much of Rick Perry's self-proclaimed agenda will get enacted this session, as much of it hinges on the budget reconciliation process as well as on legislation that hasn't been taken up by one chamber or the other.

Some of his top goals were resupplying the Texas Enterprise Fund and the Emerging Technology Fund, which he uses to create jobs in Texas reward his cronies while making grandiose and unverifiable claims about job creation; changing the state business tax to exempt small companies with less than $1 million in revenue; and approving a voter identification law.

Lawmakers writing the two-year spending plan seemed willing to put money into Perry's job creation funds, but whether he gets the approximately $500 million combined he wanted for the accounts is far from certain. Lawmakers want more oversight of how the funds' money is spent. The House, in its version of the state budget, put restrictions on the enterprise fund money to try to force Perry to accept $555 million in federal stimulus money for unemployment benefits.

A House-Senate conference committee is working out a compromise budget plan, so several money items on Perry's wish list won't be known until that deal is finally struck.

An increase in the business tax exemption for companies from the current $300,000 to $1 million in revenue won approval in the House but has not made it through the Senate.

The Republican-backed voter identification bill, a highly charged political proposal that would require Texans to show additional ID at the ballot box beyond a voter registration card, won passage in the GOP-dominated Senate after grueling testimony and debate. Odds for the bill are slimmer in the House, where the partisan makeup is almost even.

There's another wild card in this, which the article doesn't discuss, and that's the possibility of a special session, which some people I've spoken to think is inevitable. Rep. Kuempel's health could be a factor in that as well - if he's at full strength, that bodes better for the chances of any legislation Perry would push in a special session. The advantage to calling a special session for Perry is that it gives him another 30 days to pander to his base, as well as the chance to pick up any agenda items that fall victim to the calendar. On the other hand, he can't raise money during a special session, and there's always the chance he'll still fail to get stuff passed, thus providing ammunition to KBH. Again, it's hard to say how this might play out, but the possibility is definitely there, and I'm a bit surprised the story didn't bring it up.

The battle over the dueling strip club bills in the Lege this session has mostly been over how much revenue each would collect. But the state has to actually collect that revenue for any of that to be relevant.

Dozens of strip clubs across Texas have ignored a 2007 law requiring them to charge a $5-per-patron entrance fee, potentially costing the state millions of dollars meant to fund sexual assault programs, records show.

Not a dime has yet been used to help the victims of sexual assault.

Since the law went into effect last year, only about $12.2 million has been collected by the state under the law for sexual assault prevention and treatment, far less than the $50 million that had been expected.

"We are, of course, disappointed," said Annette Burrhus-Clay, executive director of the Texas Association Against Sexual Assault. "But hopefully there will be more resources set aside for the comptroller to actually monitor this in the future."

Cohen said she wasn't surprised that some clubs have ignored the current law, especially in light of the uncertainty created by the court challenge and by the pending legislation.

"If they want to wait and see what's going to happen, that's their choice. They may end up having to pay it and penalties -- I don't know," she said. "I do respect those clubs that have stepped up to the plate and paid."

[...]

Topless and nude clubs in Houston and San Antonio have remitted about $4.3 million, about a third of the state total, records show.

More than 100 clubs, however, have ignored the fee entirely, while others have paid only small amounts. Some say they don't want to charge customers more at the door.

On Friday, the House concurred with Senate amendments to HB1736, the Timothy Cole Act that increases compensation to those that have been wrongly convicted. I had said on Monday that it had passed both chambers at that time, but I didn't realize the Senate had added two amendments that needed House approval. That's now been done, so unless I'm missing something else, it should now be on its way to Governor Perry's desk.

Also on Friday, HB498, which creates an Innocence Commission to investigate false convictions and identify reforms to prevent their recurrence, passed the House on third reading. It's now in the Senate's hands for final approval. Grits testified in support of this bill on behalf of the Innocence Project of Texas back in March. The commission would be known as the Timothy Cole Innocence Commission, according to a press release I received from Rep. Ruth Jones McClendon, the bill's author. I've reproduced the release beneath the fold. All told, I'd say this has been a pretty decent session for criminal justice reform. There's never enough that gets done, but I get the impression more has been done so far this time than in recent memory. Grits mentions a couple of other worthwhile bills that have made it this far as well.

House Bill 498, filed by State Representative Ruth Jones McClendon (D- San Antonio, House District 120), would create a commission to investigate and prevent wrongful convictions. The House of Representatives approved it on third and final reading today.

Representative McClendon stated, "As lawmakers, we have a responsibility to change Texas law to prevent this outrageous miscarriage of justice, which results in the irreparable loss of the person's family, job, parental rights, not to mention the effect it has on families and friends of the innocent".

This session, the Texas Legislature has noted the high number of wrongly convicted persons in Texas and has decided to address it through positive legislation. It is evident that Timothy Cole's story struck a cord with the Texas Legislature. Representative Anchia's HB 1736 also creates the Timothy Cole Act, which would increase the compensation the State of Texas pays to those individuals found to have been wrongly imprisoned.

The commission would be named the Timothy Cole Innocence Commission in honor of Timothy Cole, an innocent Texan and an Army veteran, who served ten years of a 25-year sentence after being convicted of a sexual assault he did not commit. Unfortunately, Timothy Cole was not able to see the day he was found innocent and his name cleared, because he died in prison in 1999 at the of age 39, after being convicted due to a false eyewitness identification. Since Tim Cole was from Lubbock, Representative McClendon's Bill carries forward his legacy by allowing the Texas Tech University System to assist the Commission in performing its duties; also, two of the nine members of the Commission will be appointed by the chancellor of the Texas Tech University System.

HB 498 would establish this commission in order to investigate and prevent wrongful convictions by evaluating an array of factors that can lead to those results. These evidentiary errors can include false eyewitness identifications, unreliable/limited science, false confessions, forensic science misconduct, government misconduct, unreliable informants, and ineffective representation in court. The goal would be to find ways to prevent these errors, which contribute to an irreparable harm that may last for years. According to the Texas Criminal Justice Coalition Policy Guide of 2009, the cost of incarcerating an individual in prison is approximately $43 per day or about $15,695 per year. As compared with the cost of a DNA test at $4,000-5,000 and the cost to the person wrongfully convicted, and their family, the prevention of a wrongful conviction represents a financially sound decision in regard to criminal prosecutions. Ultimately, the objective is to eliminate the number of innocent men and women incarcerated in Texas' already overpopulated prisons.

HB 498 is expected to be referred to the Senate Committee on Criminal Justice. Senator Ellis will be the Senate Sponsor and help shepherd HB 498 through the Senate.

I've had plenty of harsh things to say about House Elections Committee Chair Todd Smith this session, but he's always been one of the good guys on campaign finance reform.

Texas could start regulating how political parties use corporate and union campaign contributions under a bill the Texas House passed Friday 71 to 63.

House Bill 2511 would close what author Rep. Todd Smith, R-Euless, has called an "absurd" loophole that enables corporations and labor unions to escape a century-old ban against political donations by funding issue ads that stop short of urging a vote for or against a candidate.

Under the bill, donations from corporations and unions could only go toward a political party's or political action committee's administrative costs.

The Texas Pastor Council sent an email blast urging a vote against the bill.

"HB 2511 will censor free speech and drastically change how nonprofit organizations communicate with their supporters about important policy issues," the group wrote. "This very email could be ruled illegal under this proposed law, prohibiting nonprofits from highlighting elected officials and their bad votes on legislation affecting all Texans."

Rep. Phil King, R-Weatherford, said he head received a letter from a host of conservative groups including Texans for Fiscal Responsibility, Texas Eagle Forum and the Texas Alliance for Life that were worried about the bill.

"They are concerned that this will limit their ability to come out and talk about issues," King said.

UPDATE: Burka figures out the reason for the partisan split on this one.

Clearly, I miss out by not reading "Slylock Fox" every Sunday.

While I'm somewhat relieved to learn that John Edwards' staffers had a plan to scuttle his nomination in the event it was needed, I'm thinking that maybe they should have taken action anyway.

Rock stars, nerd style.

Cheney picks Limbaugh over Powell on GOP future. So does every Democrat in America.

Define baseball in 150 words. Let me know when they try it for 140 characters. Via Chad.

Ever wonder what the deal is with Jughead's hat? Well, now you know.

The Bloggess: Sexier than the Dalai Lama.

Have I mentioned that Pete Sessions is an idiot? I guess it really can't be said often enough. Remember a few years ago when folks like Pete Sessions likened disagreement with the President to treason? Boy, those were the days.

Where have you gone, Dom DiMaggio?

Zombie fire ants. George Romero, please pick up the white courtesy phone...

RIP, Wayman Tisdale.

Evil rides a Segway.

Woo hoo! "Dollhouse" gets renewed!

Here are some inspiring college graduation stories, including a cool one from my alma mater.

No, this is not copyright infringement. It is hilarious, however. Kudos to Hair Balls for being first on the scene.

Here's a followup story on the eventually successful negotiations among members of the House Energy and Commerce Committee on the cap-and-trade bill.

Climate change legislation moving through Congress would give refiners free permits to emit greenhouse gases under a compromise engineered by a Texas Democrat whose Houston district includes many petrochemical plants.

Rep. Gene Green led the push for refiners along with Democratic Rep. Charlie Gonzalez, who represents San Antonio -- home to the corporate headquarters of refiners Valero Energy and Tesoro Corp.

The two lawmakers got the deal added to a climate change bill agreed to by most Democrats on the House Energy and Commerce Committee and backed by the measure's two sponsors, Reps. Henry Waxman, D-Calif., and Ed Markey, D-Mass.

Green and Gonzalez also scored a major concession sought by oil companies when committee leaders scrapped a proposal that would impose steadily stiffer limits on transportation-related greenhouse gas emissions -- and make the industry pay for allowances to cover the excess pollutants released when their fuel is burned.

The Waxman-Markey bill, which the Energy and Commerce Committee is slated to consider next week, would cap carbon dioxide emissions at 17 percent below 2005 levels by 2020 and 83 percent by 2050.

Power plants, refiners, manufacturers and other operations could exceed the limits by buying and exchanging emissions allowances on a new carbon-trading market.

To defray costs for some polluting industries, Waxman and Markey agreed to give away more than half of those allowances in the early years of the so-called "cap-and-trade" plan, with the bulk of them -- 35 percent -- going to local electricity distributors.

An additional 15 percent would be donated to trade-sensitive industries, and 3 percent would be given to automakers.

Eventually, companies would be weaned off the free allowances and would then have to buy the permits from the federal government at auction.

Under the deal with Green and Gonzalez, refiners would get 2 percent of the free allowances starting in 2014 and ending in 2026.

On Friday, that agreement was being attacked by both oil industry leaders, who said it wouldn't offer enough economic protection, and environmentalists, who complained it was an unnecessary giveaway.

Jack Gerard, president of the American Petroleum Institute, said the 2 percent free allowances is "inequitable" because it falls short of the roughly 4.3 percent of U.S. greenhouse gas emissions estimated to come from refiners.

The result, he said, will be "greater costs on consumers and producers of oil and gas."

A coalition of environmental, social justice, labor, health, and religious leaders and organizations gathered at Hartman Park to urge Congressman Gene Green to work in the best interests of his constituents, not the oil industry, to strengthen, not weaken, the American Clean Energy and Security Act of 2009. Frustrated over Congressman Green's repeated refusals over a six month period to meet with them to discuss the need for strong global legislation, a number of Green's constituents along with other Houstonians staged a press conference to highlight the necessity for reducing greenhouse gases and benefits of doing so. Martina Cartwright of Texas Environmental Justice Advocacy Services highlighted the disproportionate impacts of climate change on the poor and people of color in Gene Green's district. Approximately 21.9% of the total numbers of residents in 29th District live below the poverty level. The median household income is $31,751 as compared to $41,994 for the U.S. Latinos, she pointed out, comprise more than 65% of Green's district. Only a third of Latinos in Texas have insurance and many of the residents in Green's district are below the poverty line so when hurricanes and flooding damage homes and property or injure people, low income residents are severely affected by such impacts. Cartwright said, "Green's district is in a region where more than 75,000 children--mostly African-American and Latino--suffer from asthma. Finally, Green's district is located in a state which has seen an increase in the frequency and intensity of hurricanes in the last ten to fifteen years. It has seen an increase in storm events, which have paralyzed Houston and cost the state hundreds of millions of dollars in damage." Charles Stillman of Texas Climate Emergency Campaign, sited concerns about the free pollution permits that Green has sought for the petrochemical facilities, believing that the giveaways will result in more greenhouse gas pollution and dirtier air for the Congressman's constituents and negatively affect the very workers and middle and low-income families which Green says he is looking out for. "Every dollar that is given away to the petrochemical companies in the form of free pollution allowances," said Stillman, "is another dollar that could have gone to middle and low-income families in the form of rebates raised through the auctioning of permits, to help defray the higher energy costs associated with carbon regulation. The money raised from auctioning the permits will also go towards aiding workers in carbon-intensive industries to transition to a low-carbon based economy." Stillman also pointed out that claims from Green and the oil industry that the petrochemical facilities will simply pack up and move their operations to China or another country where carbon regulation has not been enacted in order to save the company money are most likely untrue. "It will cost far more to shutdown operations in Houston, build refineries elsewhere and ship the refined products back to America than it ever would to simply purchase the pollution permits," said Stillman. Another speaker, Bill Crosier, co-chair of the Progressive Action Alliance, pointed out that Gene Green has yet to give any commitments on anything he would do to reduce greenhouse gas emissions and pollution from the oil, gas, and coal industries. "Instead," Crosier remarked, "he's stated that he wants to give them a free pass, and allow them to keep spewing CO2 and pollutants into the air just as they are now. Just look at the houses around you here in the Manchester neighborhood, and ask yourself how many of them are properly insulated and how much the residents probably pay each year in energy costs. Why doesn't Green help the people who live here in his district, and why doesn't he work to help create green jobs right here this year, to help make homes and businesses more energy efficient? Why is he instead doing what the oil, gas, and coal companies tell him to do?" Crosier finished by saying, "In 20 or 30 years, our grandchildren are going to ask us, 'Why did you let Congress give permission to those giant enormously profitable industries to use up the world's supply of resources as fast as possible, and leave us with an environmental mess that we'll have to clean up? Why didn't you do more to stop the terrible effects of climate change?' So today, we're again asking Rep. Gene Green to work with others on the House Energy and Commerce committee to give us a climate change bill with real teeth, and which will create green jobs to put Houstonians to work helping residents to save money and preserve what's left of our planet for future generations."

I don't normally think of opera as being particularly controversial or threatening, at least not in this day and age, but apparently it can be.

The organizers of the second annual Opera Vista Festival suspected one of their featured operas would draw controversy. But when an anonymous letter threatening the founders of the Nova Arts Project arrived at founding director Amy Hopper's doorstep, she realized the show had potential to ignite a firestorm.

"We received this letter that was all about ignorance and hate, and that's the whole point of this opera -- to confront ignorance and hate. It makes it even more important to tell the story," Hopper said.

The opera is "Edalat Square," one of two works that won Opera Vista's inaugural festival competition in 2007 (think "American Idol" for opera composers). Written by Atlanta-based composer R. Timothy Brady, the opera recounts the true story of Mahmoud Asgari, 17, and Ayaz Marhoni, 16, who were hanged in Iran in 2005 for the crime of lavaat, or sex between two men. Brady was inspired by the story to craft a poetic work that offers an unblinking look at bigotry, but is also prayerful and mystical, said Viswa Subbaraman, artistic director and co-founder of Opera Vista.

[...]

On May 5, Amy Hopper found out the show was already pushing buttons here in Houston. She opened her mailbox to discover a hand-stenciled, anonymous letter that said: "You are pigs to mix Islam with gays. You must stop! We will not let you do it."

The festival's organizers actually are glad the opera could spark debate or criticism. That's part of the purpose of the performing arts -- to provoke discussion and ignite the emotions, they said.

David Ortez casts a critical eye at the campaign websites of the Mayoral hopefuls, and grades them out on things like design, content, and social networking. It's an interesting exercise, and one for which an aesthetic imbecile such as myself is wholly unqualified, so I appreciate the effort. Check it out.

I drive through the Washinton on Westcott roundabout every now and then, and find it to be a more pleasant and efficient experience than waiting at a light or playing the "which one of us goes next?" game that you often get at a four-way stop. I'm told there are more such roundabouts in the works at some locations, with Washington at Heights and Yale being on the list. I'd driven through roundabouts elsewhere before - Tiffany and I took a trip to France just before Olivia was born, and the road from Paris to champagne country is littered with them - and find them easy to navigate, but they're still pretty new here, and some folks may not know what to do with them.

There's a bill related to roundabouts - HB2214 - that has passed the House and is now pending in the Senate that would require driver's ed students to receive instructions on how to deal with circular intersections. Monica Savino, President of the WOW Roundabout Board of Directors, gave testimony to the House Transportation Committee in favor of HB2214 as follows:

Since its completion in 2006, our Roundabout has had great success in meeting our goals.

The rate of serious accidents has virtually disappeared and our rate of minor accidents is very small.

During the first full year of operation in 2006, the City of Houston documented only 10 accidents - all minor with no injuries.

The Insurance Institute for Highway Safety has determined that the modern roundabout is significantly more safe than a standard signalized intersection.

Mobility has been very good; currently, we move approximately 34,000 cars per day through the WOW Roundabout.

And we move them; vehicles don't idle waiting for light changes, they don't stop and start as they inch their way through the intersection when turns are made as in a four-way stop.

As a result, auto emissions are reduced as are other negatives that traffic congestion can bring.

During the days and weeks after Hurricane Ike, the WOW Roundabout performed as it does on any other day.

I have quickly located several new Roundabouts in the State and there are many more "on the boards", as they say.

Traffic professionals and communities are finding in some cases that this is a more appropriate solution than the old-fashioned standard intersection.

The Federal Highway Administration is endorsing roundabouts for future projects.
We expect that Texans will see and drive through more Roundabouts in the future.

When WOW is asked by the community, "what are the proper procedures when driving through the roundabout?", all we can do is direct them to one of the other states that makes this information available for their residents: Washington, Kansas, Colorado, Florida and New York. WOW would like the State of Texas to be the definitive resource for Texans.

Good news.

Rep. Edmund Kuempel, R-Seguin, is now out of a medically induced coma and his body temperature has been raised to normal, said his friend Rep. Charlie Geren, R-Fort Worth.

"I saw him last night, and he looked a whole lot better than he did when he left here," Geren said.

Kuempel collapsed late Tuesday and was discovered by a House sergeant at arms. He was revived by a legislator who is a doctor and by Texas Department of Public Safety officers.

On Friday, Kuempel moved his foot, attempted to respond to his son's and daughter's voices, and opened his eyes, Geren told House members.

"It was exciting. The family, as you can imagine, is very, very excited," he said.

At a Mayoral forum on Thursday, Gene Locke and Peter Brown get into it over the school system.

Gene Locke, the former city attorney, targeted Councilman Peter Brown's recent statement to the Chronicle that Houstonians should consider forming an urban school district heavily influenced by the mayor through board appointments.

"I think that's an awful idea," Locke said. "It's going to be hard enough to make sure this city is safe, to make sure the business development grows."

Brown retorted, "We cannot punt on education like my colleague said."

Several independent school districts, overseen by elected school boards, operate inside the city limits. Brown said Thursday he does not favor having city government take over the Houston school district in the way that U.S. Education Secretary Arne Duncan has suggested for urban areas.

City Councilman Brown is pitching the formation of a new "urban school district," perhaps spanning from downtown past the 610 Loop, that would fall under the mayor's power.

"I would favor the creation of this urban school district that is controlled by the mayor, that has a board that is largely appointed by the mayor, so there's accountability," he said.

Brown added that a task force should study several ideas, including breaking the 200,000-student Houston ISD into smaller districts.

"I wouldn't want to say, 'I'm elected mayor, and the second week I'm elected mayor we're going to dismantle HISD,' " he said.

One more thing:

Morales asserted that when he served on a grand jury, "50 percent of Hispanics who came across our court were illegals and 90 percent of them were committing crimes against their children and other children." The figures could not be confirmed late Thursday.

Most of the candidates dodged a question about whether they would propose no annual spending increases in the city government budget. Morales, however, said he would cut the budget and that police and firefighters have told him billions of dollars are wasted in their departments. He did not cite specifics.

From Gene Locke:

At the Houston Rotary Club Mayoral Forum today, candidate Gene Locke addressed an issue that has raised headlines, and eyebrows, across the country, mayoral control of local schools. "There's no harder job than educating our kids and running our schools. The mayor's role is to champion education, not run the schools. Under my administration the city will work closely with educators and administrators to secure the best possible schools for our children." The issue was raised during a luncheon forum where Locke and mayoral hopefuls Peter Brown, Roy Morales, and Annise Parker responded to questions.

In response to a question posed by Locke today Councilmember Peter Brown said, "I do not support the idea of the mayor taking over HISD." In Sunday's Houston Chronicle, however, reporter Ericka Mellon quoted Councilmember Brown as "pitching the formation of a new 'urban school district' which might span from downtown past the 610 Loop..." Brown is quoted, "I would favor the creation of this urban school district that is controlled by the mayor, that has a board that is largely appointed by the mayor ..."

On the question of mayoral control of schools Locke responded, "I think that's a bad idea. I think that's an awful idea." He went on to note his strategy for improving schools and retaining students would include a robust dialog between parents and educators, improved safety and infrastructure for existing schools, and ensuring after school programs and job training are available.

There's a crisis in Houston and it threatens the economy, safety and future of our city.

The dropout rate for Houston Independent School District is 49.9%, according to an independent study, which means nearly half of Freshman who enter schools in Houston don't graduate. It's a problem that disproportionately affects minority communities as Hispanic students are three times as likely to dropout of school as their white peers.

Sadly, my opponent Gene Locke would rather criticize me for claiming I was open to new strategies for dealing with the problem than actually face the problem himself. Rather than provide real leadership and new ideas, Gene Locke has decided to play the cynical blame game of political distortion. The state of our schools, to him, is merely another issue with which to score political points and he's gone so far as to misrepresent my views.

Our children don't have the luxury of waiting for overburdened schools to magically transform themselves. Houstonians deserve a mayor who isn't afraid to take on anyone, anywhere, anytime to help ALL of our children succeed.

I believe it's going to take more than weak promises of more dialogue to address this serious issue. Gene Locke said, in his attack, that he wants to "champion schools." I don't want to champion a system that's failing half our students, I want to fix it. I won't ignore possible solutions because it's the politically convenient thing to do. As your mayor, I'll make education a top priority and not a political football.

I'm running for mayor because I want to deal with the important issues, not avoid them, and there are few greater challenges for Houston than education.

The buck stops here.

Good news on the CHIP front.

The Texas House today gave final approval to a measure that would expand the Children's Heath Insurance Program by allowing certain families who earn more than the current income limit to pay to join the program. The vote was 87-55.

The measure could add some 80,000 children to CHIP. It now heads to the Senate, which has already passed a similar measure.

The author of the CHIP bill, Rep. Garnet Coleman, D-Houston, said he fully agrees with expanding the Medicaid enrollment period. But he said that sending the CHIP bill to the Senate with the Medicaid measure attached may have doomed the entire measure. "It would have become a poison pill," Coleman said.

The Medicaid proposal by Rep. Sylvester Turner, D- Houston, has a much larger price tag than the CHIP one -- nearly $300 million over two years, compared to about $40 million for the CHIP bill. The Medicaid proposal could add some 258,000 children to Medicaid.

Coleman said that it's become clear that the state budget won't include money for the Medicaid proposal. Rep. John Zerwas, R-Richmond, who is on the House team negotiating the final version of the budget with members of the Senate, said that though the Medicaid bill has "a pretty steep price tag," it's too early to say for sure whether it has a future in the budget.

The income limit for CHIP is now $44,100 for a family of four. (It's $22,050 for Medicaid).

Under the CHIP bill, a family of four earning between $44,100 and and $66,150 a year could join the program. Unlike the existing CHIP program, families would pay monthly premiums on a sliding scale based on income and family size. The House version would also allow families of four earning between $66,150 and $88,200 to pay the full cost of the program to join (roughly $150 per child per month). Also, the House version would reinstate a "medically needy" program for adults that the Legislature cut in 2003 -- it covers health care costs for people with catastrophic medical needs.

State Representative Garnet F. Coleman (D-Houston), who helped create the original Children's Health Insurance Program (CHIP) in Texas, applauds the House for finally passing HB 2962 which will increase enrollment in and public awareness of CHIP.

"This collaborative, bipartisan product will allow an estimated 80,000 children to access health care," said Representative Coleman. "It will increase public awareness of the CHIP program to bring in children currently eligible under existing limits who remain uncovered."

HB 2962 will implement a sliding scale to cover uninsured kids with working parents earning from 200 to 300 percent of the federal poverty level.

"Families covered under these provisions will have to pay co-payments and monthly premiums, and will contribute more than the state to the CHIP buy-in created in this bill," said Representative Coleman. "If families do not pay their monthly premiums, they will be locked out of the program. We've also added strict anti-crowd out provisions to ensure that private health insurance is not substituted by CHIP coverage."

The bill includes a full cost buy-in option, at no cost to the state, for children from families with a net income from 300 to 400 percent of the federal poverty level, who were previously enrolled but lost coverage due to an increase in income.

HB 2962 also excludes child support payments and assets in college savings plans from being considered when determining eligibility for programs like CHIP and Medicaid.

"This will encourage families to invest in the future of their children's education without fear that their investment will cause them to lose their health care," said Representative Coleman. "My only regret is that we could not include annual Medicaid eligibility at this time since there is no money appropriated for this provision."

Representative Coleman expresses appreciation to Chairman Patrick Rose and the members of the Human Services Committee, Speaker Sylvester Turner, and the joint-authors of this legislation - Reps. Dawnna Dukes, John Zerwas, John Davis, and Elliott Naishtat - for their tireless work and dedication in making this possible.

Back in March, I noted that businesswoman Elizabeth Villafranca, one of the leading voices in Farmers Branch against its anti-immigrant xenophobia, was running for City Council there. Alas, she did not win.

Among other municipal races from Saturday, a leading opponent of efforts in Farmers Branch to stop landlords from renting to illegal immigrants failed to win a city council seat.

Restaurant owner Elizabeth Villafranca lost to executive assistant Michelle Holmes, but she said some good came out of her run for council.

Villafranca: We called attention to a lot of things that are going on. And this is a good thing. This is a good day. Sometimes winning is not necessarily the most important thing. And certainly in this case that has proven to be the truth.

Villafranca said Farmers Branch has never had any minority representation on the city council and that needs to change.

Travis Elementary is our neighborhood school, where Olivia will be in the fall for kindergarten. They've had a lot of kids absent this week, enough to close the school through Memorial Day.

The number of Travis Elementary School students diagnosed with swine flu has jumped to 12, likely the largest cluster of the new influenza virus in Texas, health officials said today. The school will be closed until May 26, HISD officials said.

Nearly 400 of the Heights-area school's 712 students stayed home sick today, and a steady stream of parents were removing their children from school throughout the day.

[...]

It's not known how many children are sick and how many are being kept at home as a precaution. Some youngsters have had symptoms including fevers, headaches and stomachaches.

When I posted about that recent Click2Houston story regarding the sexual assault victim who was billed by the hospital for the rape kit, I wondered if this was a screwup or standard procedure. Well, here's a response to the story from the Texas Association Against Sexual Assault (TAASA) that clears things up.

Recently a Houston television station ran a story about a rape victim who was billed for her own rape exam. The news piece implied this was a common practice in Texas despite being told by several sources, including the Deputy Director of the Texas Association Against Sexual Assault (TAASA), that this was not the case. This news story, riddled with inaccuracies and half truths, was picked up by other news outlets and blogs and it took on a life of its own. Activists, advocates, survivors and other concerned individuals from around the country were justifiably angry and began to demand answers and action. The problem is there isn't really a problem, just the perception of injustice that is spiraling out of control.

TAASA is concerned that this misinformation will have a chilling effect on a rape victim's willingness to report the crime and get a forensic/medical exam (rape kit). We want to assure everyone that the cost of a forensic exam is not billed to the victim. This is always the responsibility of law enforcement and they in turn can be reimbursed for up to $700 though the Crime Victim's Compensation (CVC) fund. If the cost exceeds this amount it is absorbed by the law enforcement agency or hospital, not the victim.

Additional medical treatment is not part of the forensic exam and billed separately. All crime victims, i.e. rape, gunshot, mugging, etc. are billed for medical treatment. They are eligible to apply for reimbursement of these costs through the CVC fund. The CVC fund is statutorily the "payer of last resort," so if a victim has medical insurance it will be billed first. This is to assure the fiscal integrity of the CVC fund and make certain that funds remain available to crime victims who are uninsured or underinsured. Rape victims are not singled out in this process for reimbursement, it is consistently applied to all crime victims and this process is replicated with few variations across the country.

As with any system there is the possibility of human error. A victim could be misinformed or struggle to make sense of the process. This is the principle reason TAASA believes rape crisis advocates are so valuable to rape victims. Rape crisis advocates are not formally part of the systems or institutions that rape survivors must navigate, but are a valuable ally to victims when they encounter barriers or inconsistencies. I wish the rape victim in the Houston story had an advocate to help her through this very difficult time. Our only interest in this situation is that rape victims are supported and assisted. I encourage rape victims to access the services they so desperately need and not be deterred by the perception that they will be charged for their rape exam.

Time for your weekly dose of random music. Ready, set...

1. Banish Misfourtune/Rabbit's Moon - Paisley Close
2. My Manda - The Mollys
3. Couldn't Stand The Weather - Stevie Ray Vaughan
4. Let's Get Metaphysical - David Gilmour
5. What Are You At? - Great Big Sea
6. Something So Right - Paul Simon
7. I Gotcha - Joe Tex
8. Her Modesty - Trish & Darin
9. Variations on a Theme by Eric Satie - Blood, Sweat, and Tears
10. Sometimes A River - String Cheese Incident

Today is an exciting day at our house, as Olivia's preschool has its gradution ceremony/party for the kids and their parents. Olivia's been telling us for weeks about the music they've been rehearsing for it. I'm about to find out just what's in store for us. She'll continue to be at the school through the summer, but will be saying good-bye to some friends now and many more in a couple of months as most of them will be going to other schools for kindergarten. She's eager to move up, but I know she'll miss her friends, and hasn't realized what that means yet. It's going to be an eventful year, that's for sure. None of this has anything to do with music, of course, but it is the backdrop for today. What are you listening to?

Yo, Democrats. You were given a mandate this past November. Please act like it.

Democratic leaders pushing to cap greenhouse gas emissions were working Wednesday to appease key lawmakers who want to ease the financial burden that the climate change plan would impose on consumers and refiners.

Rep. Henry Waxman, D-Calif., who plans to formally introduce his climate change bill today, said that he expects a new compromise deal will have enough votes on his 59-member House Energy and Commerce Committee to be approved by the panel next week.

But Waxman spent much of Wednesday huddling with wavering Democratic lawmakers on the panel to shore up support for the measure. The skeptics included Texas Democrats Gene Green and Charlie Gonzalez, who want concessions for refiners in the Lone Star State, and Rep. G.K. Butterfield, D-N.C., who wants tax relief for low-income households to defray expected higher energy costs.

The cornerstone of the bill is a plan to cap carbon dioxide emissions blamed for contributing to global warming.

Under the compromise, greenhouse gas emissions would be capped at 17 percent below 2005 levels in 2020 -- a looser standard than the 20 percent reduction Waxman had originally sought. That proposed cap is more rigorous than the 14 percent goal President Barack Obama has sought or the 6 percent target advocated by some committee Democrats.

To exceed the limits, power plants, refiners, manufacturers and other industries would have to buy emissions allowances on a new carbon market. But after weeks of negotiations, committee Democrats have agreed to give away 35 percent of the allowances to electric utilities, 15 percent to trade-sensitive industries such as timber and steel manufacturing and a small number to the auto industry.

Still undecided was the question of how many allowances should be given to refiners, with the final number likely to rest between 1 percent and 5 percent.

Green, the unofficial leader of a group of oil-patch Democrats on the Energy and Commerce Committee, was pushing the higher number.

He said he wanted to vote for a bill that limits CO2 emissions, "but does it in a way that is reasonable."

"There's some flexibility" in the allowance allocation, Green said, "but 1 percent is not in the ballpark."

After meeting with Waxman and Rep. Ed Markey, D-Mass., Gonzalez said he was "feeling really good" that he would get enough concessions for refiners and would vote for the legislation.

We've discussed this before. Rep. Green is a fine Congressman, who has groomed a large number of very capable proteges. He's also an electoral juggernaut, and you don't get to be that way without being responsive to your constituents. So if you live in CD29 and you want Rep. Green to do the right thing, it's up to you to tell him so. A diverse group of activists will be gathering in his district today at noon to urge him to support climate change legislation. Click on to read about this and participate if you can.

UPDATE: Looks like we have a deal.

Rep. Henry Waxman, D-Calif., chairman of the House Energy and Commerce Committee, and Rep. Edward Markey, D-Mass., signed off on the compromise with Texas Democrats Gene Green and Charlie Gonzalez. The cornerstone of their deal was a commitment to donate at least 2 percent of valuable carbon dioxide emissions permits to refiners.

The compromise on refiners -- tentatively agreed to late Thursday but still subject to last-minute negotiations -- could help Waxman and Markey steer their contentious climate change measure through the 59-member Energy and Commerce Committee next week.

The measure also is buoyed by a new agreement among many committee Democrats on core parts of the bill, including a plan to freely give away more than 50 percent of those emission allowances to electric power distributors, trade-sensitive industries and automakers.

"We are now one huge step toward creating a 100-year solution to the carbon problem ... that will protect consumers," Markey said.

[...]

Green of Houston and Gonzalez of San Antonio said that with the changes aimed at helping refiners and other modifications, they expected to vote for the legislation next week.

The pair, whose districts are home to the plants and headquarters of major U.S. refiners, had been pushing for 5 percent of emission allowances to be given to the industry.

Under the deal Green and Gonzalez reached with Waxman and Markey, the free allowances for refiners could begin phasing out as early as 2014; refiners would eventually have to purchase all of the allowances they need from the federal government in an auction.

By contrast, the free allowances for electric utilities would phase out over five years beginning in 2025.

Green said the deal also would delay the implementation of a proposed low-carbon fuel standard until at least 2023 -- a change from Waxman and Markey's initial plan to phase in the standard as early as 2014.

The low-carbon standard, designed to promote advanced biofuels made from plant materials, would require escalating reductions in greenhouse gas emissions from transportation fuels.

Houstonians tell Congressman Gene Green to represent them, not polluters

Houston - A coalition of environmental, social justice, labor, health, and religious leaders and organizations will urge Congressman Gene Green to work in the best interests of his constituents, not the oil industry, to strengthen, not weaken, the American Clean Energy and Security Act of 2009

Who: Religious, community, educational, and labor leaders, teachers and students, environmentalists, scientists, health professionals, business owners, city officials

When: Friday, May 15, 2009 12:00 PM, Noon

Where: Hartman Park, 9311 East Ave. P, Houston, TX 77012

Why: Frustrated over Congressman Green's repeated refusals to meet with them to discuss the need for strong global legislation, Green's constituents along with other Houstonians will stage a press conference to highlight the necessity for reducing greenhouse gases and benefits of doing so. Green seems dedicated to serving the polluters in his district for which he wishes to obtain special allowances and allocations before he will ever consider supporting the critical climate change legislation that would serve as a lifeline for his district. The American Clean Energy and Security Act of 2009, currently in the House Energy and Commerce Committee, is critical to the future of this planet. Congressman Green sits on that committee, and his support is crucial to the strengthening and passage of this legislation. Harris County happens to be the leading emitter of greenhouse gas emissions in the nation, the overwhelming majority of which emanates from the industrial facilities which Green is trying to protect.

More Info:

The press conference will be held in front of the very petrochemical refineries Green is seeking to allow to pollute, in part, for free. The free pollution permits that Green seeks for the facilities will mean more greenhouse gas pollution and dirtier air for his constituents and would hurt the same workers and middle and low-income families which Green says he is looking out for. Every dollar that is given away to the petrochemical companies in the form of free pollution allowances, is another dollar that could have gone to middle and low-income families in the form of rebates raised through the auctioning of permits, to help defray the higher energy costs associated with carbon regulation. The money raised from auctioning the permits will also go towards aiding workers in carbon-intensive industries to transition to a low-carbon based economy. Claims from Green and the oil industry that the petrochemical facilities will simply pack up and move their operations to China or another country where carbon regulation has not been enacted in order to save the company money are simply untrue. It will cost far more to shutdown operations in Houston, build refineries elsewhere and ship the refined products back to America than it ever would to simply purchase the pollution permits.

Last night at midnight was the first major deadline in the House. Any bill that had not been passed on second reading was officially dead for the session, though some may get reincarnated as amendments to already-approved bills. About three quarters of the 5000 bills filed in the House suffered this fate, including some high profile ones such as the concealed-carry on campus bill and, I'm sad to say, HB222, the poker bill.

A proposed constitutional amendment to legalize casino gambling never made it onto the calendar. Sponsors had said they would not ask it to be set unless there were enough votes to pass. They never reached the necessary 100 votes.

The bill to legalize poker games at horse and dog tracks had a chance of getting on the calendar, but sponsor Rep. Jose Menendez, D-San Antonio, said he was pulling it off because Gov. Rick Perry's staff assured him the governor would veto it.

"Sometimes you flush good will if you put a dead bill out on the floor," Menendez said, explaining his decision to withdraw the measure without debate.

Their chances looked better than ever this year, with a strapped state budget and a new House speaker with interests in a San Antonio racetrack.

But in the end, lawmakers say, the expectation of federal stimulus dollars kept the state from getting desperate for money. And the major casino gambling legislation needed 100 votes in the 150-member House, a threshold that the bill's sponsors couldn't reach in such a divided chamber. And even if the poker bill had passed, Gov. Rick Perry probably would've vetoed it.

"We came into the session billions of dollars short. The stimulus pulled us out of dire straits," said Menendez, D-San Antonio. "If we were cutting school budgets and not giving teachers raises, we would see a lot more willingness."

Gambling opponents say it's easy to blame the bill's failure on a budget bailout. But they argue that the real reason gambling gets no traction session after session is because it's bad policy.

Suzii Paynter, with the Baptist General Convention's Christian Life Commission, said the promises of jobs and tax revenue that supporters make are exaggerated.

"Gaming legislation has failed because the more people look into the promises that are made, the more weaknesses they see in the proposal," Paynter said.

The bad news is that Texas' rate of unemployment continues to rise. The good news is that this means more federal funds for unemployment insurance are available, and these come with no conditions on them.

Texas now qualifies, thanks to the state's steadily rising unemployment rate, for $250 million of string-free federal money. That money would provide another 13 weeks of unemployment benefits -- at no cost to the state -- for some 70,000 workers whose benefits are set to expire beginning in July, according to the Center for Public Policy Priorities.

There is a catch, however. The Legislature needs to make a technical tweak to state law and the only bill that would be germane and appears to be moving is Senate Bill 1569.

That bill would enact the necessary changes for Texas to access $555 million of federal money to expand unemployment eligibility. But that money comes with strings that Gov. Rick Perry has said are unacceptable.

The bill passed out of the Senate weeks ago and is lingering in the House Calendars Committee. It could come up early next week -- and likely pass. But that would not be soon enough to allow time for a veto override should Perry choose to exercise that authority.

Rep. Mark Strama, D-Austin, said House members intend to attach the tweak to SB 1569 when it comes to the floor. The additional $250 million -- and the tens of thousands of unemployed workers that would get extended benefits -- might just change the dynamic for the governor, said the bill's proponents.

Bill author Sen. Kevin Eltife, R-Tyler, said he has long kept hope alive that Perry would not veto the bill and this money has stoked his hope.

And if more incentive is needed, here's the CPPP with some hard figures.

As of May 5, more than 353,000 Texans were receiving unemployment benefits, more than triple the number of Texans receiving UI benefits a year ago. Currently pending in House Calendars, SB 1569 strengthens our UI system to protect unemployed Texans and qualifies Texas for $555 million in federal funding through the American Recovery and Reinvestment Act (ARRA) for our UI Trust Fund. But the Legislature has overlooked an entirely separate pot of money in the ARRA that is equally important. About 70,000 Texans are expected to exhaust their federal Emergency Unemployment Compensation (EUC) beginning in July. The ARRA will pick up the 100 percent of the costs to extend UI for these Texans, delivering more than $250 million in federal funds into the Texas economy without any state costs. In order to qualify, Texas must change its extended benefits statutory trigger to activate the program; the change can expire when the full federal funding phases out in 2010.

It's always something.

It will be eight weeks or more before shoppers see beer and wine in grocers' coolers as stores line up to receive state alcohol permits.

The Texas Alcoholic Beverage Commission will issue permits to sell alcohol throughout Lubbock County after voters overwhelming approved two propositions expanding alcohol sales during Saturday's county-wide election.

But questions about Lubbock's zoning ordinances could further slow the process of opening the city up to alcohol retailers.

Challenging the city's alcohol zoning ordinances, Pinkie's and Majestic Liquor, which own the liquor stores at The Strip, last week filed a lawsuit against the city of Lubbock and the Texas Alcoholic Beverage Commission claiming the ordinances violate state law. The Lubbock City Council approved alcohol zoning ordinances in November 2008 in anticipation of Saturday's vote.

Anti-alcohol PAC Truth About Alcohol Sales co-chairman Josh Allen said while he's not involved in the suit, he does not "believe the City Council has much of an ordinance to stand on."

He described the zoning ordinances, which use specific language regulating alcohol sales in Lubbock's West Broadway District, and set a city standard for floor space and percentage of sales allowed of alcohol retailers, as contradictory to TABC regulations.

The liquor stores asked 237th District Judge Sam Medina to bar the city from issuing the necessary paperwork to obtain alcoholic beverage permits until an agreement can be reached on the wording of the ordinance. An Avalanche-Journal story last week reported Medina will consider at a hearing later this month whether to grant an injunction.

The suit has nothing to do with whether alcohol should be sold in Lubbock, but rather who can sell it where, said Zach Brady, attorney for the stores.

"As far as we're concerned, the citizens are going to decide whether we have alcohol sales in Lubbock," Brady said. "But if we do choose to have those sales, my clients want to make sure that the rules are fair and that they comply with state law."

The city council approved last December changes to the city ordinances defining where alcohol could be sold in anticipation of Saturday's vote. Lubbock overstepped its authority when the council limited the size of package stores and specified what types of businesses could sell alcohol in the same area, Brady said.

The liquor stores asked 237th District Judge Sam Medina to bar the city from issuing the necessary paperwork to obtain alcoholic beverage permits until an agreement can be reached on the wording of the ordinance.

Cities do have options for zoning under the Texas Alcoholic Beverage Code, but the ordinances they establish cannot conflict with the state law, Brady said.

"What they've chosen to do is not among their options," he said. "What they can't do, expressly under the code, is to discriminate among the different classes of alcohol retailers. They can't let one type of business sell alcohol in a given area and not let another type of business locate in that area."

The battle of the strip club bills is over, as Rep. Ellen Cohen has pulled her bill, thus killing it for the session.

She said "it was clear there was an attempt to find a point of order" -- a type of parliamentary maneuver -- to kill her measure. So she postponed her measure until after the end of the legislative session, effectively abandoning it. She said she decided to focus instead on fighting for the fee that's being challenged in court.

The Legislature in 2007 passed a $5-per-patron strip club fee that Cohen proposed. The money was supposed to go toward health insurance for low-income Texans and programs to prevent sexual assault and help victims.

But a judge struck it down, and this year, Cohen proposed tweaking the fee. The state is appealing.

Cohen's proposal this session was to lower the fee to about $3 per patron and to direct the money only to anti-assault programs, not health insurance. Last year, State District Judge Scott Jenkins found that the state showed a link between strip clubs and sexual violence but failed to show a link between strip clubs and a lack of health insurance.

In a highly unusual vote, the Texas Senate rescinded its earlier final approval of a bill allowing for a new tax on strip clubs -- not to fix a wording problem, but to help settle a personal battle in the House.

The issue is between two state representatives from Houston -- Ellen Cohen and Senfronia Thompson.

Sen. John Carona, R-Dallas, the Senate sponsor of Thompson's bill that passed Tuesday, said Thompson wanted to ensure that her bill prevails over a similar measure by Cohen. Cohen's bill would add a mandatory $3 entry fee on strip clubs, while Thompson's proposal -- one favored by strip club owners -- would impose a voluntary tax.

After getting the earlier vote rescinded -- a move that veteran senators said they had never seen happen -- Corona made it clear he did it at Thompson's request, not some "big policy issue out there.

"This is all about Representative Thompson and Representative Cohen. It's their battle," Carona said. "Senfronia called on me just because she and I have worked successfully on a lot of bills over the years. I guess she figures I was either dumb enough or tough enough to get it passed. I'm still trying to figure out which one."

The Senate on Tuesday had given final approval to the voluntary tax, and the bill was on its way to the governor. Then, Cohen's bill came up for debate in the House, meaning it might pass after Thompson's bill did.

Since the last bill to hit the governor's desk prevails, Thompson wanted to ensure that her bill would be last.

UPDATE: Well, what do you know? Cohen's bill may live again.

A compromise being brokered by Sens. John Carona, Royce West and Rep. Ellen Cohen would combine the two bills, one supported by sexual assault prevention groups, the other endorsed by the adult entertainment industry.

Though nothing is firm, the compromise bill being considered would allow the Texas Supreme Court to rule on the constitutionality of a $5 per person strip club admissions fee, which has been tied up in litigation since that fee was instituted in 2007.

If the Supreme Court rules in favor of the state, the fee would stay in effect, but would drop to $3. Clubs that haven't been paying the fee would not face penalties.

If it is ruled unconstitutional, the fee would be repealed, and the state would charge strip clubs a tax of at least 10 percent on admissions fees. The tax would do what the current fee is designed to do -- raise money for sexual assault services. Clubs that have been paying the current $5 fee would be refunded with interest.

sigh Not unexpected, but still a disappointment.

HB 2094, state Rep. Jessica Farrar's longshot bid to help small brewers by letting them provide a small amount of beer on premises, directly to consumers, is dead for this legislative session.

"We gained a lot of yardage this time," Farrar told me a few minutes ago, "but we didn't get to the goal line."

She was referring to the fact that during the 2007 session a similar bill of hers died without ever getting a hearing. This year, the bill cleared the Licensing & Administrative Procedures Committee on a 5-to-2 vote.

However, almost assuredly because of behind-the-scenes lobbying, by the time the bill was released it was probably too late to get it added to the calendar and set up for a vote in the full House. The session ends June 1, and lawmakers are sifting through tons of other legislation.

There is no time left for the Calendars Committee to get the bill set up for a vote tomorrow, and Farrar said she does not see any pertinent legislation out there that the measure could be attached to.

"It's very clear that ... it got buried," she said.

[...]

Farrar said she plans to refile a version of the bill when the Legislature meets again in 2011 and hone her strategy, in part by lining up a senator to sponsor a companion bill.

Despite the setback, Farrar sounded optimistic about her chances, particularly if the Democrats continue to gain seats. "If my party's in power," she said, "I might be on Calendars."

Brock Wagner, the Saint Arnold founder, was disappointed to see the "state legislating against its own in-state businesses."

He, too, was encouraged that the measure got further along this go-round. He said Farrar did "a superb job" and added that he and the other small brewers will work harder to "lay the groundwork" to get even more support in 2011. Some distributors, he noted, were on board for the amended version of the bill this year.

This is not the kind of story candidates like to see written about themselves.

Houston mayoral candidate Roy Morales told a group of voters in March, "I manage the Head Start program."

The claim by the retired Air Force lieutenant colonel was untrue, which Morales acknowledged to the Chronicle last week.

As an elected Harris County Department of Education trustee, he leads a committee that monitors the agency's management of the federally funded preschool program. The agency is responsible for only a quarter of the Head Start programs in the county.

Since February, Morales has made several campaign assertions about his work experience that appear to inflate his record.

[...]

Morales served in the Air Force from 1980 to 2003, then became chief technology officer for the Houston Emergency Center. He has been a self-employed business consultant since 2005.

His work evaluations from Air Force and city government supervisors consistently portrayed him as an exceptionally valuable performer, whether on homeland security projects or as a creative developer of solutions to information technology problems.

But until he was prompted by the Chronicle last week, Morales indicated to voters he left the emergency center on 2005 on his own accord. In truth, he was fired.

His supervisor at the time, Sharon Counterman, listed no reason in an April 8, 2005, letter telling Morales his services would not be needed after May 20, 2005. Morales submitted a June 1, 2005, resignation letter and later that year launched the first of two unsuccessful campaigns for City Council.

"I resigned," Morales said in an interview. Prompted by a mention of his supervisor's letter, he added, "She didn't fire me; she said my service were not going to be needed." Shown a copy of the letter and told that it meant Counterman fired him, Morales remarked, "She did."

[...]

Morales, 52, said his departure came because of his disagreements with city officials about how the 911 call center should operate. The center's early operations were plagued with shutdowns; Morales blamed the problems on faulty systems and plans acquired before his arrival.

On his previous statement about his role with the Head Start program, Morales said, "Did I say 'managed'? I didn't mean 'managed.' "

On a tangential note, this article was written by Alan Bernstein, who will be leaving the Chron to take a job in the Sheriff's office. If this is his swan song, it's a pretty good one. Congratulations and best of luck with the new gig, Alan.

Like everybody else, Sen. John Cornyn has no idea what his senior colleague in the Senate is going to do. And also like the rest of us, or at least us bloggers, he's willing to speculate wildly about it in public.

Cornyn, who also chairs the Senate Republicans' campaign committee, has pleaded with her not to resign early. After all, if there's a special election to replace Hutchison, Democrats would have a golden opportunity to pick up the seat, with a strong field including Houston Mayor Bill White and ex-Comptroller John Sharp. Cornyn would rather be safe than have to spend millions playing defense.

With only 40 Republicans in the Senate and the soap opera in Minnesota almost surely a lost cause, Cornyn doesn't want to risk any more GOP-held spots any sooner than necessary.

"We certainly can't afford to lose that [Hutchison] seat," he said.

But the National Republican Senatorial Committee boss says he's wary of White, who is "running a very serious race" and has raised gobs of campaign cash.

"He's definitely on my radar," Cornyn said.

With all the jockeying already going on in the Senate race to replace Hutchison, when does he think she will resign her seat?

"My guess," he told Texas reporters at his Senate office today, is that Hutchison will resign "this fall sometime."

That would allow Perry to appoint an interim senator and allow a special election to take place in May 2010 instead of this November (which would happen if she resigned this spring or summer).

But Cornyn readily admits that he has no inside info.

"There's only one person who knows," the San Antonio Republican said, "and it's not me."

Here you go.

Faced with a dour economic climate, Mayor Bill White unveiled a $4 billion budget proposal on Tuesday that keeps the property tax rate the same and holds spending at what it was the current fiscal year.

The plan, which includes funds for one new library and the replacement of five, the expansion of recycling programs and more money for the widely criticized Bureau of Animal Regulation and Care, limits operating expenses to an increase of one-half of 1 percent. That's largely due to a nearly 25 percent decline in how much the city will keep in reserve this year.

[...]

Under his budget plan, the city will hold almost $171 million in reserves, about $50 million less than the current fiscal year. If too much of the reserves were spent, the city could jeopardize its AA bond rating and end up paying higher costs for new roads or other infrastructure projects.

City Controller Annise Parker highlighted several possible pitfalls. The budget assumes the administration will find an additional $10 million in savings during the year and that Lyondell Chemical Co., which has filed for bankruptcy protection, will pay $16 million in property taxes.

The city also has not replenished the $20 million "rainy day" fund it used to cover expenses from Hurricane Ike, and has not accounted in the budget for money it may owe the U.S. Department of Housing and Urban Development, she said.

Further, the revenue estimates from her office are nearly $38 million less than those from the city finance department.

"There are a lot of 'what ifs' in this budget and ... really no margin for error."

We know that the Republicans like voter ID. We shouldn't be too surprised that they don't much like voter registration.

[The House] barely passed a bill Monday night that would allow high school principals to appoint four deputy registrars to help 18-year-old students sign up to vote.

The bill passed, 73-72, before a roll-call verification vote to make sure all members had properly voted. The verified vote was 72-70 for the bill. However, the outcome could change during a final vote on Tuesday.

All 70 opposition votes came from Republicans.

"You are taking a principal and directing them to register voters. We know in some school districts that will be done in a very partisan fashion," Rep. Phil King, R-Weatherford, said.

Texas ranks behind 41 other states when it comes to registering 18-to-24-year-olds.

HB 1654 would require each high school principal to designate four people as deputy registrars. The four deputies could be either employees of the high school or employees of the school district in which the high school was located and who were serving at the high school. At least three of the four would have to be classroom teachers or certified full-time counselors.

All GOP members of the Elections Committee voted for the bill in committee. But only Elections Chairman Todd Smith, R-Bedford, and Rep. Tommy Merritt, R-Longview, voted for it on the floor.

Of course, given the narrow passage and partisanized nature of this bill, it seems unlikely to get through the Senate. Add that to the failure of Rep. Vo's measures to allow those who turn 18 between March and November to vote in the primaries to make it out of committee, and Republicans can relax. It won't be any easier for the kids to vote in 2010 than it is now.

Grits has a link to the State Auditor's followup report on the Texas Youth Commission, which you can download here (PDF). In short: They've made progress, but they've still got some things to work out. Which may or may not bite them at their upcoming Sunset hearing. Read 'em for yourself and see what you think. Trailblazers has more.

The nomination of Shanda Perkins, the unqualified anti-sex toy activist best known for her war on dildos, for the State Board of Pardons and Paroles, was rejected today by the Senate.

After a brief debate, the GOP-controlled Senate by a 27-4 vote sent the nominee of fellow Republican Perry back to the Nominations Committee, where it is expected to die.

While Perkins' lack of qualifications were cited as a reason for the surprise move, several senators said Perkins' involvement in a 2004 controversy over the sale of sex toys in her hometown of Burleson was a factor.

Just last week Perkins had been approved by the Nominations Committee, with a single dissenting vote.

Wednesday's public vote against a gubernatorial nominee is a rarity, something several senators said had not occurred in years. In most cases when senators want to derail a nomination, they block it so it never gets out of the committee.

[...]

At her Senate confirmation hearing last week, Perkins denied she had anything much to do with it.

Sen. John Whitmire, D-Houston, argued that Perkins was simply unqualified for the $95,000-a-year, full-time post.

"This is not a partisan issue. This is not a personal issue ... This is a life-and-death position. It demands qualifications.," Whitmire said.

Three other nominees to the parole board that were confirmed by the Senate are highly qualified, Whitmire said. Two are longtime board members who are being reappointed, and the other is a Huntsville attorney.

"They have multiple degrees ... (Perkins) has no college degree," he said, noting that Perkins has no criminal justice experience, other than working for a time as a prison ministry volunteer.

Sen. John Carona, R-Dallas, agreed. "The basis question is: Are there more qualified people out there?" he said.

As for the lingering issues, Whitmire said he was opposed to the nomination based solely on Perkins' lack of qualifications. "There are others that could be raised. I wish not to go there," he said.

After 10 minutes of debate, senators returned to their chairs and quietly voted down Perkins, in a chamber that is usually noisy with conversations.

On Sunday, I mentioned HB1323, the anti-bullying bill that Equality Texas helped to draft. It was originally scheduled to be on the House calendar on Monday; it's on today's calendar now, but nothing is carved in stone these days. Anyway, Karl-T and the AusChron's The Gay Place blog have a clear illustration of why legislation like this, which is intended to protect kids from harassment in the schools, is needed. Check it out, and give your favorite Rep a call and ask him or her to support HB1323. Thanks.

Greg made an observation about the District H result that I'd like to explore a bit.

Yolanda's early numbers were a little surprising as it would have meant a runoff between her and Ed if those numbers held. But even more surprising than that was Welsh leading the E-day returns with 36% to Ed's 29%.

While I don't think there was much that could be done about it for an election of this kind, I do think in general that there is a real need for more early voting places. In particular, I think there's a need for more EV locations inside employment centers, because I think having more of them near where people work would make voting a lot easier. Moody Park is closer to where I live than any other EV location, but I never used it before this election because it's not convenient to my daily commute; I work southwest of where I live, and Moody Park is northeast from my house. I generally vote at the Multipurpose Center on West Gray because it's between where I live and where I work, or at the Fiesta on Kirby because it's walking distance from where I work.

Unfortunately, as the trend towards more early voting continues, those locations become less convenient because the lines are so long. Here's the early voting by location for this past November. The Multipurpose Center had by far the most votes cast of any EV location. When you realize that it serves basically the entire Montrose/Upper Kirby/Greenway area, and likely a good chunk of the Galleria area, that's no surprise. Where else are all those people going to go?

The two State Rep districts that have only one EV location and which had the largest number of early votes cast were HDs 134 and 136. The former encompasses the Greenway Plaza area, and the latter includes the Galleria area. Yet neither of those highly dense business districts has an early voting location of their own. Looking at the EV map from November, all of that area is served by the West Gray MSC, which I believe is why it is so ridiculously crowded all the time. I say this has to change.

What makes sense to me would be a new location in the Greenway area, and a new location in the Galleria area, one in HD134 and one in HD136. I don't know what the requirements and restrictions are on EV locations, but if I could just wave a magic wand I might pick something like the Houston Intown Chamber of Commerce building at 3015 Richmond, and something in the vicinity of San Felipe and Post Oak. Again, I don't know what the details are, but geographically speaking that's what I have in mind. Bonus points for locations that will be served by the eventual light rail expansion, as these would be.

None of this would have changed the calculus of the District H special election early voting, of course. You'd have needed an EV location in the Heights for that, and that really doesn't make sense given that HD148 already has two EV sites, which happened to be the two District H sites as well. But a lot of people, all throughout early voting, expressed surprise to me that the West Gray MSC wasn't open for this. They didn't think about it not being in H, they thought about it as being the one place they've ever gone to vote early. It's time for there to be more places like that.

UPDATE: Marc Campos suggests that the reason Heights turnout was so much bigger on Election Day was because voters there didn't want to cross I-45, which he calls "the Mexican-Dixon line". I'm sure that has something to do with it, but again, I think people go where it's convenient to their daily routine, which neither Ripley House nor Moody Park are for me, or likely for anyone who lives west of I-45 and works south of where they live. During the afternoon, traffic on I-45 North becomes appreciably worse north of downtown. Who wants to deal with that if they don't have to?

UPDATE: Greg adds on.

UPDATE: To clarify something here, I do not claim that the early voting locations had any effect on the total turnout in this election. Rather, I believe, as does Marc Campos, that the fact that Maverick Welsh did better on Election Day had to do with where the early voting locations were. I also believe, as I wrote in this post, that there should be more early voting locations, including some in high-density employment centers, since I believe that people vote early where it is convenient for them.

Scary.

The Texas House adjourned abruptly tonight after state Rep. Edmund Kuempel, R-Seguin, was found collapsed in a Capitol elevator.

A House sergeant-at-arms, Jennifer Irby, said she had found Kuempel, 66, in an elevator about 10:30 p.m. Rep. John Zerwas, R-Fulshear, who is a doctor, attended to Kuempel.

As an ambulance waited outside the Capitol, lawmakers including House Speaker Joe Straus crowded around elevators just outside the Rotunda. Shortly before 11 p.m., a stretcher emerged from the elevator area, and Kuempel was taken to University Medical Center at Brackenridge, several representatives said. Rep. Trey Martinez Fischer, D-San Antonio, then led lawmakers in a prayer.

Officials at Brackenridge Hospital did not release information about his condition early Wednesday morning.

Zerwas said that when he reached Kuempel, he was unresponsive, was not breathing and had no pulse. Zerwas said he oversaw CPR until EMS arrived. He said a defibrillator was used to shock Kuempel about eight times.

By the time Kuempel left for the hospital, he had a heart rhythm and a pulse, and though he was not breathing entirely on his own, he had "some spontaneous breathing," Zerwas said. Zerwas said it could have been a heart attack but could not say for sure.

"I would be very cautiously optimistic," said Zerwas, an anesthesiologist.

UPDATE: Here's an update on Rep. Kuempel's condition.

Grits notes with some pleasure a couple of amendments in HB300, the massive TxDOT sunset bill that passed yesterday, which would limit and ultimately end cities' use of red light cameras. While I've never understood the fear and loathing these things have generated, I can't say I'm surprised by the legislative about-face. The cameras' opponents have been very vocal, whereas there's no real pro-camera constituency outside of city officials and vendors. Further, the data on their efficacy has been at best inconclusive and at worst in direct opposition to proponents' claims of safety improvements. I still think we don't have a good grasp on the data, and I think it's possible we're not using the cameras properly, but frankly if they all do go away it won't bother me. There are bigger fish to fry, and perhaps if this avenue is closed off cities will take a look at optimizing yellow light times, which to my mind has always been the strongest criticism of the cameras.

In the end, it may not matter. As Burka notes, the many amendments to HB300 made it a mess that will likely be completely redone in the Senate. As such, changes like these may or may not make it into the final bill. A separate bill by Isett that also attacked red light cameras passed out of committee at the end of April but doesn't appear to be on the calendar at this time; if it isn't approved on second reading by tomorrow, it's dead. So we don't know yet what if anything will change with red light cameras this session. Eye on Williamson has more on HB300.

The West U Examiner ran a similar story to the one about Metro's costs and critics last week, in which the same questions about the cost estimates were raised by the same critic. The basic points are identical, so there's not much to add except my congratulations to Mr. Magaziner for getting his complaints aired in more than one venue.

Meanwhile, Christof looks at the Federal Transportation Authority's Annual Report on Funding Recommendations, from which Metro just received $150 million in construction funds for the North and Southeast lines, and notes that when all is said and done, a total of $665 million will be coming our way for those two lines. In addition, the Universities line, which isn't in the pipeline for federal funds just yet, stacks up quite nicely against the many other rail projects around the country in terms of price tag and projected ridership. The pieces are in place for all of this stuff to take a big leap forward once they get going. It's just a matter of when.

I don't know why I hadn't seen this story coming. In retrospect, it seems so obvious.

Doctors who work in Houston's busiest maternity ward say they're expecting an especially bustling June, leading some to conclude that Hurricane Ike was the perfect storm for making babies.

It's been eight months since Ike knocked out the region's electricity, leaving many with no television, Internet access or other distractions for days, if not weeks. Now there's a curious bump in the number of women who are rounding out their third trimesters of pregnancy.

Several obstetrical practices associated with The Woman's Hospital of Texas are extra-busy these days with prenatal care.

"I looked, somewhat in shock, at my little book of deliveries for June, and it's 26," said Dr. John Irwin, president of Obstetrical and Gynecological Associates.

He routinely delivers 15 to 20 babies a month and called the Ike boomlet "a real phenomenon." His colleagues in the 35-physician practice have seen a similar increase in patients who probably conceived during the powerless days after Ike.

"There's about a 25 percent increase in the number of deliveries coming up in mid-June to mid-July," said Irwin, also chief of surgery service at Woman's Hospital.

Some more notes about what has been happening in the Lege...

- It looks like the program to test high school athletes for steroids will be scaled back.

Texas lawmakers have reached a deal to slash steroid testing of public high school athletes to less than half of the current program, but still leave it big enough to test thousands of athletes over the next two years.

The deal was struck by House and Senate members negotiating the 2010-2011 budget, lawmakers said Tuesday.

The current $6 million program was designed to test up to 50,000 students by the end of the current school year. The tentative deal for the new program would slash funding to $2 million over the next two years.

- There's still some hope for the omnibus gambling resolution, but Rep. Ed Kuempel has a backup plan ready anyway.

UPDATE: Brandi Grissom tweets that "the fat lady has sung" for the gambling bill.

- If you're under 21, getting a driver's license for the first time just got harder.

- A tax on smokeless tobacco, which would fund a medical school repayment fund for doctors who agree to move to rural areas, passed the House.

- And finally, Rep. Senfronia Thompson's HB982, the alternate strip club tax, has passed the Senate.

The Texas Senate voted on Tuesday to repeal a $5-per-person admission fee on strip clubs that has been ruled unconstitutional and agreed to replace it with a new tax on sexually oriented business.

The bill now goes to Gov. Rick Perry for his consideration even as House members were poised to debate a competing bill favored by sexual assault victim advocates.

Passed in 2007, the strip club admission fee has been ruled unconstitutional by a judge and is currently under appeal. Money collected under that fee was sent to a fund to help sex assault victims and a pool for uninsured Texans.

The new tax proposed by Rep. Senfronia Thompson, D-Houston, would apply to adult movie theaters, adult video stores, adult bookstores and other sexually oriented businesses that charge admission fees. It would total 10 percent of gross admissions receipts.

According to a legislative analysis, the new plan would send 25 percent of the new fee to a state school fund and the rest to a sexual assault victims fund.

But some advocates for victims say the new bill is a ruse put forth by strip club owners, who would not be required to charge admission to their clubs, and would sharply reduce the money collected to help assault victims.

The Texas Association Against Sexual Assault instead supports a separate House bill by Rep. Ellen Cohen, D-Houston, who pushed the original $5 fee. Cohen's bill would reduce the club entry fee to $3 and dedicate all the money to the sexual assault fund.

Has there ever been a legislative session that didn't deal with school finance? This Lege is dealing with it as well, and the good news is they may have made some actual progress.

Texas teachers would get an $800-a-year raise and the Dallas school district would be protected from becoming a "Robin Hood" district for several years under a school finance bill that the House tentatively approved on Monday.

The measure also would merge the state's two teacher incentive pay plans into one program and sharply reduce the amount of the merit pay that would have to be awarded based on student test scores.

Total state funding would increase about $1.9 billion over the next two years, with school districts required to spend at least half of their new state money on teacher salaries. The Dallas school district would see its funding rise $100 per student - just under 2 percent - for a total increase of about $17.5 billion.

School districts had sought more funding, but state leaders said earlier this year that a slowdown in state revenue would prevent a sizable increase.

"Every one of our school districts needs more money," said Rep. Scott Hochberg, D-Houston, who laid out the school funding bill to the chamber. But even with the small increase, he added, "this is a fair bill and it is a balanced bill."

One significant change in the bill would raise the threshold for determining which school districts must share their property tax revenue under the Robin Hood provisions of the school finance system. Last year, those districts were required to give up more than $1 billion to help equalize funding across the state.

Two of the biggest beneficiaries are the Dallas and Houston school districts, which are expected to join the ranks of high-property-wealth districts that must share their tax revenue next year. Under the House bill, both would be protected from becoming share-the-wealth districts for several years.

Someone pour me a cold one!

Lubbock County voters overwhelmingly approved two ballot propositions expanding alcohol sales in the county during a countywide election that ended Saturday.

Proposition 1, which expands packaged alcohol sales in the county, passed by a nearly 2-1 margin with 64.5 percent in favor.

Proposition 2 to allow mixed-drink sales in restaurants passed with about 69.5 percent in favor.

[...]

The early voting numbers sparked excitement at pro-alcohol expansion Political Action Committee Lubbock County Wins' watch party at the Hawthorn Inn and Suites.

"There were lots of cheers in the room and relief that the results were in our favor," the PAC's chairwoman, Melissa Pierce, said when early voting results came up on the television screen in the hotel's conference room.

"I expected it to be very, very close" she said, but explained she would have preferred to see a larger voter turnout.

Only 35 percent of the county's 144,910 registered voters cast ballots.

But Pierce said she wasn't surprised by what looks like Lubbock County voters' approval of the propositions.

"I think Lubbock is a progressive city and we're ready for this," the stay-at-home mom said.

OK, maybe that's a tad bit harsh, but if this leads somewhere I do hope that public execution will be on the table.

Unsolicited calls to home and cell phones warning of a final notice and an expiring vehicle warranty are a nuisance and harassment and should be the subject of a federal investigation, a U.S. senator said Sunday.

More and more Americans are receiving calls with a computerized voice saying, "This is the final notice. The factory warranty on your vehicle is about to expire," or something similar, several times a day on their cell or land lines. The calls come even if a person has signed up for the national "do not call" registry.

Now, Sen. Charles Schumer of New York wants a federal investigation into the "robo-dialer harassment."

"Not only are these calls a nuisance, but they tie up land lines and can eat up a user's cell phone minutes, possibly leading to a higher cell phone bill due to overage charges," said Schumer, D-N.Y.

Meanwhile, officials in 40 states are investigating the companies behind the car-warranty calls.

Missouri authorities filed a lawsuit last month against one of the largest car-warranty companies, Wentzville, Mo.-based USfidelis, charging that company officials ignored a subpoena demanding that they answer questions about their business.

A spokeswoman for USfidelis, which has more than 1,000 employees, did not return a call seeking comment Sunday, but the company says on its Web site that it stopped making unsolicited marketing calls last year.

"Frankly, we've identified more effective ways of connecting with our customers," the Web site's "Frequently Asked Questions" section says.

I really don't know why it is that the Houston Police Officers Union has decided it wants HPD to be different from every other urban police force in the state and start questioning residents about their immigration status. The reasons why this is a bad idea are spelled out in the story, but let me briefly summarize: If people believe that by talking to the cops something bad might happen to them or their families, then they won't talk to the cops. That means that victims of crime, witnesses to crimes, people with information about specific crimes or criminals, they'll just clam up and not get involved. It shouldn't take any great insight to realize that this is not conducive to public safety, yet it's what HPOU wants. I don't understand it any more than you do.

Perhaps the problem here is that they start off with a faulty premise.

[Gary Blankinship, president of the Houston Police Officers Union] said 1,433 of the 7,700 inmates processed through the Houston city jail in February identified themselves as noncitizens, although he does not know how many were illegal immigrants.

"I can't help but believe a large number were in this country illegally," he said. "If we had to put our hands on 1,433 fewer people a month, that would free up police for other tasks."

The Texas Progressive Alliance brings you yet another 100% performance enhancing drug-free weekly blog roundup. Click on for the highlights.

The city of DISH, TX is one of several municipalities that have already adopted a resolution calling for the repeal of Big Oil's exemption to the Safe Drinking Water Act. TXsharon gives DISH a high-five and hopes your group, organization, club, city or county will do the same, at

CouldBeTrue of South Texas Chisme is glad the internets have Texas Progressive Alliance! The Republicans have their house of cards and a batsh*t crazy base.

BossKitty at TruthHugger sees danger in the watered down, dumbed down attempt to educate students by committee. Sanitized History, Truth or Consequences is an example of why education needs serious attention.

Houston political reporter Jane Ely passed away this week. PDiddie collected some recollections of her life at Brains and Eggs.

WhosPlayin was totally absorbed in the municipal elections in Lewisville, and was glad to see conservative radio talk host Winston Edmondson soundly defeated by 30 points in his bid to turn Lewisville into the next Farmers Branch.

Is it a good idea to give TXDOT it's own taxpayer funded investment bank? Yeah, McBlogger doesn't think so, either.

Over at TexasKaos, lightseeker thinks it is time to reconsider moral absolutism in politics. He talks about how Obama made progress on this issue nationally and how his tatics may apply in Texas. Check out his posting:Moral Absolutism and Politics - What Obama's Victory Has to Say to Texas Progressives

Off the Kuff takes a look at the latest polls in the GOP gubernatorial primary.

WCNews at Eye On Williamson has a wrap-up of the action taken on the TxDOT Sunset bill in the House last week, CDA/PPP's kicked to House Transportation Committee.

Neil at Texas Liberal writes that using Twitter in politics may well have the effect of further isolating a narrow elite from the larger mass of folks.

Vince at Capitol Annex discusses the rightwing's email lobbying campaign against legislation that would have subjected the State Board of Education to Sunset review provisions.

Teddy (aka LiberalTexan) at Left of College Station was back after a month long hiatus and blogging as one of the newest members of the Texas Progressive Alliance. This week Left of College Station covered the Bryan City Council Election (dispite being uncontested), and the College Station City Council election campaign for Place 4 and Place 6.

I missed this last week, and reading it now I'm one part outraged and one part puzzled.

Victims of sexual assault are getting bills, rejection letters and pushy calls from bill collectors while a state crime victims' fund sits full of cash, Local 2 Investigates reported Thursday.

"I'm the victim, and yet here I am. I'm asked to pay this bill and my credit's going to get hurt," said a single mom from Houston.

She received bills marked, "delinquent," after she visited a hospital where police told her to have evidence gathered. Officers assured her she would not pay a dime for that rape kit to be handled.

"That was unreal," she said. "I never thought I'd be out anything for what I went through."

[...]

"It is set up legislatively so that the criminal justice system pays for whatever evidence collection occurs," said Kelly Young, with the Houston Area Women's Center, a rape crisis facility.

Police departments are reimbursed for up to $700 by the Texas Crime Victims' Compensation Fund, but many departments cover the bills if they exceed that.

After that happens, victims can apply for other costs associated with the rape kit hospital visits to be covered by the fund.

The Houston Police Department made one payment toward the single mother's hospital bill, but when she submitted the $1,847 worth of remaining bills to the Crime Victims' Compensation Fund, she received a denial letter, telling her that law enforcement should have paid.

"She's getting the run-around," said Young at the rape crisis center, which was not involved in her case.

"There may be lots of survivors who have this happen and we don't know because they don't know that they shouldn't be getting the bills," she said.

Attorney General's spokesman Jerry Strickland said the crime victim fund is enforcing strict guidelines imposed by the legislature as to which bills are paid and which victims are sent a denial notice.

Otherwise, he said that fund could become "insolvent."

He said state law is clear that crime victims must exhaust all other potential funding sources, such as local police or their own health insurance.

"The legislature set it up that way," said Strickland.

When asked for a number of how many denial letters had been sent out to Texas rape victims in the past, Strickland did not have an answer after checking with his crime victims' compensation office workers.

He said the attorney general's office constantly trains hospitals and health care providers on how to help victims in getting reimbursed for their expenses.

Where the outrage really comes is that if this is the way it's been all along, intended or not, it's too late for the Lege to take action to fix it. The least we can do, therefore, is to find out for sure whether or not this is something that needs a legislative fix or a procedural one. Whatever the case, the cost of solving and prosecuting the crime should not fall in any way on the person victimized by the crime. Thanks to Ginger for calling this to my attention.

Lots of legislative action today beyond the voter ID vaudeville act. Here's a quick roundup of some other bills of interest.

- HB1736, also known as the Tim Cole Act for the man who was posthumously exonerated this February, has passed both chambers and is on its way to Governor Perry's desk. The bill increases the compensation given to those who are exonerated after being sent to jail. Grits has the story, and more info is here and here.

- The statewide smoking ban is stuck no more.

A statewide smoking ban was endorsed by a Senate panel today, after authors agreed to exempt cigar bars, patios of restaurants and bars, and nursing homes.

Sen. Rodney Ellis, D-Houston said the compromises were necessary to resuscitate the measure, which he called a matter of life and death.

"It goes a long way toward reducing the incidence of cancer in Texas," he said of his bill. It cleared the Senate Health and Human Services Committee on a 5-3 vote.

Committee Chairwoman Jane Nelson, R-Flower Mound, joined the panel's four Democrats in voting for the bill, which Ellis praised as "much stronger" than a companion measure in the House that was watered down Friday to exempt 224 of the state's 254 counties, limit enforcement and carve out many loopholes for bars.

- Solar energy gets a boost.

[SB541] by state Sen. Kirk Watson, D-Austin, would provide so-called renewable energy credit incentives for electric generation from equipment manufactured in Texas and sets a goal for electricity generated from sources other than wind at 1,500 megawatts by 2020.

"This is designed to help bring large, industrial-size solar facilities to Texas," Watson said. "This is about looking forward to the future -- in alternative energy, jobs and manufacturing -- much the same we did for wind a few years ago."

- Finally, both strip club bills, Rep. Senfronia Thompson's HB982, and Rep. Ellen Cohen's HB2070 were scheduled for votes today, the former in the Senate and the latter in the House. You have to figure there can only be one, so we'll see which one survives.

The session that's been all about voter ID is finally headed into its final act as SB362 gets approval from the House Elections Committee on a 5-4 vote. It wasn't actually a straight-party vote - Rep. Joe Heflin, who had tried to work a compromise, voted for it so as to retain the ability to make a motion sending the plan back to committee from the House floor, and Rep. Dennis Bonnen voted against it because it wasn't punitive enough. And after all that, it may amount to nothing in the end.

Elections Committee Chair Todd Smith then told the press he doesn't expect the bill to survive as is -- that unless there are compromises from both sides when the bill hits the floor, then voter ID will "die". Smith predicted the bill has a less than 50% chance of surviving, as is.

"What I'm trying to do is act in a way that satisfy [the conservative wing's] concerns but also doesn't blow up this body," said Smith. "But I don't pretend to control the votes on the House floor and it seems to me there are two possibilities: Either we reach some sort of consensus in a bipartisan fashion, or we will simply make a statement, have a record vote and go home having not passed a voter ID bill."

Smith said that conceptually he's in favor of a phase-in, a signature or verification process, and spending money to expand the number of registered voters to make clear the net effect of Voter ID isn't intended to suppress the vote.

Smith continues:

"It would satisfy the concerns of my constituents, but then it would also address the reasonable concerns on the other side of the political aisle," he said. "The question is, how many people want or care about satisfying the reasonable concerns on the other side of the political aisle. If there aren't more than a handful, we may simply have a very divisive vote that in my opinion, is likely to fail.

"Unless we develop a more pragmatic approach, member by member, and a stronger desire to reach some sort of bipartisan compromise, then my guess is that it's something less than 50%, the chances of passing a voter ID bill.

"We got a choice to make. Do we want to pass a bill or make a statement? And it's clear to me that some members that simply want to make a statement. They're not interested in passing a bill."

Rep. Pena remembers the day six years ago when the House Democrats took a stand against the DeLay/Craddick/Perry re-redistricting scheme. Though they were only able to delay the inevitable, the effort marked the beginning of the resurgence of the Texas Democratic Party, which had fallen pretty far down after the 2002 election. And while there aren't any covert bus trips on the agenda this year, the delegation is once again faced with a partisan power grab, this time voter ID, in the waning days of the session. Thanks to the larger Democratic caucus that resulted in part from the redistricting fight, and the fact that a couple of Republicans aren't on board with it, that bill isn't guaranteed to pass. We can all hope for a different outcome.

This Observer story from the June 6, 2003 issue, which I reread every now and then, is still the best take on what happened back then, and a nice dose of nostalgia to boot. It's interesting and occasionally amusing to recall the projections of what might happen were the DeLay plan to pass. The line about how "the new map, if passed, would ensure Republican control of Congress for decades to come" used to make me wince but now makes me chuckle. That was sure how it felt at the time, for both sides, but boy, the future sure ain't what it used to be. Good thing, too.

Via Eye on Williamson, I see the national GOP is once again looking to try to beat Rep. Chet Edwards in CD17.

There's little question Republicans are looking to target Rep. Chet Edwards (D-Texas), who could face yet another tough re-election in his solidly conservative Waco-based seat. The question is who his opponent will be.

Both experienced and inexperienced Republicans are preparing their Federal Election Commission forms in Texas' 17th district, encouraged by a strong showing by poorly funded 2008 nominee Rob Curnock.

Curnock held Edwards to 53 percent of the vote, despite receiving almost no support from the national party. Curnock, a small-business owner from Waco, plans to run again and hopes this time he'll receive more support from national and local party leaders.

I think the story of these two elections is in the three biggest counties: Brazos, Johnson, and McClennan. In 2004, Edwards barely eked out a plurality in Brazos, got clobbered in Johnson, and won big in McClennan. In 2008, Edwards won a solid majority in Brazos, improved noticeably in Johnson, and won a smaller majority in McClennan.

His improvement in Brazos, I believe, can be largely attributed to an overall improvement in Democratic performance there. John McCain got almost exactly as many votes as George Bush did, while Barack Obama added over 4000 votes to John Kerry's tally; meanwhile, Curnock did almost as well as Arlene Wohlgemuth while Edwards increased his total by 5000 votes. While there were probably a few Wohlgemuth voters who switched to Edwards in 2008, for the most part there were just a lot more people voting Democratic.

By contrast, Edwards' improvement in Johnson is all him. McCain gained 1800 votes over Bush, and Obama added 600 to Kerry's total, leaving their percentage almost identical to 2004, while Curnock lost 1500 votes and Edwards added 4200. Clearly, Curnock was a weaker candidate than Wohlgemuth, who was also from Johnson County and surely benefited from being a hometown girl, but Edwards did more than just take advantage of that difference.

Finally, McClennan presents an interesting case. Edwards won it by 23,000 votes in 2004, and was in net negative territory everywhere else. In 2008, he would have won even if all of McClennan's votes were thrown out, but he only carried McClennan by 16,000 votes, and that was with Obama getting 37% to Kerry's 33%. Here, Curnock's residency in Waco likely helped him. Similarly, a local issue having to do with water rights that Edwards tied around Wohlgemuth's neck back in 2004 was not on the table this time around. Unlike Johnson County, not being Arlene Wohlgemuth, especially not being Arlene Wohlgemuth in 2004, worked to the GOP's advantage.

Based on all this, I'd venture that Edwards will likely do fine in 2010, barring any national headwinds against the Dems. If the NRCC dream candidate of State Sen. Steve Ogden jumps in, that would make for a hell of a race, but Ogden is up for re-election himself in 2010, so he'd have to give up his Senate seat and his powerful spot as chair of the Finance Committee to do that. I don't know that a chance to maybe be in the House minority is worth that, but we'll see.

The Chron has an overview of the Safe Passing Act.

Cyclists always worry about close calls with motorists. That's why many are paying attention to legislation making headway with Texas lawmakers this spring aiming to make drivers more responsible for their vehicles.

Motorists could be charged with a misdemeanor offense if they don't give cyclists at least three feet passing clearance in most circumstances.

"It's important for motorists to understand that close counts -- just like in horseshoes," said Robin Stallings, executive director of BikeTexas. "This bill has the potential to educate motorists that getting close is far more dangerous than they expected."

The Safe Passing Bill (SB 488) also would ban the "right hook," a dangerous turn made in front of a vulnerable road user -- including cyclists, pedestrians, runners, motorcyclists and construction workers. Violations could result in a $500 fine.

Accidents resulting in injury could subject motorists to a Class B misdemeanor, with a maximum penalty of 180 days in jail and a $2,000 fine.

I totally relate to this.

For classical-music fans, nothing ruins a good story about a violist beating the odds, or love in the woodwind section, quicker than musical fouls.

So the moment in The Soloist when Jamie Foxx picks up a cello for the first time is a delicate one for the classical-music buff. Not only does Foxx have to convey joy, loss and redemption, he has to look like he can tell the bridge from the fingerboard.

Does he?

"He was very convincing," said Norman Fischer, cello professor at Rice University's Shepherd School of Music, a premier Texas music program. "To do what he was doing was very impressive."

"String playing is a very hard thing to really do," Fischer added.

M is for the many links she brought me...

I know we've never gotten those flying cars that were promised us. But I could settle for an invisible car.

Wanna buy the original recipe for Dr Pepper?

Leave Janet Jackson's nipple aloooooooooone!

Our Republicans may be crazy here in Texas, but even they aren't quite as crazy as Oklahoma Republicans. As far as we know, anyway.

"Why would you promote Sessions?"

From the cold case files: Gauguin and Van Gogh.

I know exactly how Joe the Plumber feels. I personally don't allow egregious, phony rightwing hacks anywhere near my children. I'm sure he'd be understanding about that.

Does your Congressperson really represent your district? Here's one way to tell.

You know, I'd often wondered just what exactly it is Paris Hilton does all day. And I'm still wondering.

I was disinclined to believe a lot of the latest A-Rod allegations anyway. Now I'm glad to see that this inclination was perfectly justified.

How the Texas GOP thinks.

Twitter @reply spam. Had to happen sooner or later.

Translating "Garfield" into Japanese and then back into English. Somewhat more hilarity than you get with unadulterated "Garfield" results.

Eat faster, weigh more. Maybe.

Note to any city of Houston employees who might be in possession of naughty pictures of themselves or a coworker: Do not hide said naughty pictures in the ceiling tiles of the Mayor's office. That trick never works.

A legislative agenda for moms.

Happy Mother's Day, everyone. Now put this blog down and go call your Mom already.

I have two things to say about this story regarding different cost estimates for the construction of the four remaining light rail lines.

The price tag for the city's four new light rail lines will be: A) $1.46 billion; B) $1.9 billion; C) impossible to say exactly until they're built; D) all of the above.

The correct answer is D. Confused? So are some Metro critics, who claim the transit agency is hiding the true costs of the 20-mile expansion. The Metropolitan Transit Authority plans to build four new lines by 2012.

Metro learned Friday that $150 million in federal funds has been designated for the North and Southeast lines in President Barack Obama's proposed 2010 budget.

"We've never had this much enthusiasm about rail in Houston as this, from the federal government," said U.S. Rep. Sheila Jackson Lee, D-Houston, who pushed for the funds.

Jackson Lee said the city has had trouble in the past getting federal support because of lack of local agreement and momentum on light rail. Now, she said, "We have a fair amount of consensus."

Yet consensus remains elusive when it comes to the total bill facing taxpayers. Metro critic Paul Magaziner, for example, has accused the agency of "strategic misrepresentation" for not including land purchases and the possibility of cost overruns in its public pronouncements.

Metro officials told the Chronicle that they are being "open and transparent" during this planning period, but that the different price tags reflect various ways of calculating the cost of a massive construction project.

As far as the criticism itself goes, I have to say that for an agency that's not exactly renowned for its ability to communicate, I thought Metro gave a pretty reasonable accounting of the different numbers. It's not like there's ever been a construction project of this size for which the factors affecting the bottom line were set in stone at the beginning and never changed. And in comparison to the initial cost estimates for the Katy Freeway expansion, which as far as I can tell originated in someone's nether regions, Metro's figures look pretty darned detailed. I actually feel better about where they stand now. So, thanks for that.

It's stuck in the Senate, which is a bit odd.

The woman standing in the way of a Senate vote is Sen. Jane Nelson, a Flower Mound Republican who joined [Lance] Armstrong on the Capitol steps in February in a pledge to support it.

Nelson, chair of the Senate Health and Human Services Committee, has not allowed a vote on the bill [SB544], frustrating supporters who considered her advocacy a major boost in getting the bill passed into law.

"I have asked over and over again," said Sen. Rodney Ellis, the Houston Democrat sponsoring the measure. Ellis said Wednesday that Republican Gov. Rick Perry said he'd allow the bill to become law if it gets to his desk.

Perry spokeswoman Allison Castle said she was unaware of any conversation the governor had with Ellis, but said Perry would review the smoking ban bill if and when it reaches his desk.

Nelson said she still supports the bill and that there's time to address it before the session ends June 1.

"Everybody wants to panic," Nelson said. "Things may shake loose very soon."
Asked why she hasn't allowed a vote, Nelson said she and Ellis had "an agreement" but wouldn't elaborate.

It is, of course, a good thing that President Obama has Democratic majorities in both chambers of Congress as he tries to get his agenda implemented. That doesn't mean he'll have smooth sailing, of course - between the weirdly ahistorical insistence on a 60-vote supermajority in the Senate to pass anything and the outsized influence of the so-called "moderates", the upper chamber has been his biggest obstacle so far. But the House can be a challenge as well, as we see in this piece on Rep. Gene Green and the fight over climate change legislation.

A 17-year veteran of Washington politics known for his low-key style and behind-the-scenes approach to legislation, Rep. Gene Green has seen his popularity skyrocket in recent days -- at least with lawmakers eager to write new climate change rules.

The celebrity status comes courtesy of Green's role as one of a handful of moderate Democrats on the Energy and Commerce Committee. His support is crucial to advancing a sweeping energy and climate change bill.

Reps. Henry Waxman, D-Calif., and Ed Markey, D-Mass., are courting the Houston Democrat and other wary lawmakers to build backing for their legislation that would cap carbon dioxide emissions blamed for global warming. Under their bill, power plants, manufacturers and other industrial operations could stay within the new limits by buying and trading emissions allowances, or permits, to spew the pollutant.

The good news for Waxman, Markey and other proponents of the so-called cap-and-trade plan is that Green believes "the United States has to lead" in limiting greenhouse gas emissions.

The bad news? Green worries about the potential price tag for oil refiners along the Houston Ship Channel he represents.

"I'd like to vote for a bill," Green said. "But I'm not going to vote for one unless I think it's going to be good for the area I represent."

His eastern Harris County district is home to five refineries and "more chemical plants than I can count."

Green has told congressional leaders and President Barack Obama that some carbon dioxide emission allowances will have to be given for free to refiners in order to win his support .

All the votes are in, and it's Ed Gonzalez and Maverick Welsh in the runoff for District H.

With all 13 precincts reporting and nearly 4,200 ballots cast in a district of more than 93,000 registered voters, Gonzalez had 31.4 percent of the vote and Welsh had 26.9 percent.

They were followed by attorney Yolanda Navarro Flores, HPD officer Rick Rodriguez and pastor Larry Williams. Lupe Garcia, Gonzalo Camacho, Hugo Mojica and James Partsch-Galvan took in less than 3 percent each.

The strikingly low turnout did not surprise political handicappers or any of the campaigns, many of which knocked doors and placed volunteers at the district's polling places to do last-minute electioneering. Their efforts had a slightly blunted impact, as nearly half of the votes counted came from absentee and early voting.

Gonzalez had a huge lead in the early totals, coming in at least 10 points ahead of the nearest candidate, but Welch won election day voting by about an eight-point margin. Both campaigns said they planned to continue frenzied efforts to reach voters for another month, when the runoff election most likely will be scheduled. A City Council vote will be required to set the exact date.

I'll have some more thoughts on this later. For now, my congratulations to both campaigns. As you know, I think Maverick Welsh ran a strong race, and worked hard to get into this position. I expect to see more of the same in the runoff.

Elsewhere, Julian Castro won going away to become San Antonio's next Mayor without a runoff, while Lee Leffingwell led the field in Austin. He'll face Brewster McCracken in overtime, as the Carole Keeton Strayhorn show comes once again to an end.

Today is Election Day for many places in Texas. They're electing new Mayors in Austin and San Antonio, along with the regularly scheduled municipal elections in those cities and others. Here in Houston, it's showtime for the District H special election. I've cast my vote already, since I prefer early voting. If you haven't done so, the polling places are here, and if you don't know what precinct you're in, go here. And when you're done, go to the Art Car Parade as your reward. Happy voting!

You can take what Bill White said about what Senator Kay Bailey Hutchison might have said about resigning her Senate seat to run for Governor, or what her spokesperson is saying now, however you want. I still believe she will not resign in time for a 2010 election. I say that because I think she wants to appoint her replacement herself and not let Rick Perry do it, and because I firmly believe in the principle that nobody knows what the hell KBH is going to do. I could, of course, be wrong, but that's how I see it. Actions speak louder than words, so I'll believe her when I see the resignation letter.

It's safe to say that UH-Downtown will remain UH-Downtown for at least two more years, since there's no time to get a name change bill through the Lege at this point. The Chron takes a look at how the attempt to change it this year went down the tubes.

One possibility, Houston Metropolitan University, was rejected by faculty as too cheesy. Another, University of South Texas, prompted a letter warning of possible trademark infringement from South Texas College of Law President James Alfini.

Now, it's back to the drawing board. The school is soliciting proposals from companies to suggest new names.

As Grits notes, this is the time of the session in which bills die because there's no longer the time for them to make it through the process. Fortunately, as he writes in that post, many of the bills related to innocence and exoneration are in a position to be debated and voted by both chambers before the close of business on the session. Hopefully, they will have a clear path to the finish line.

Meanwhile, remember Tehena, the town where the cops steal your stuff as a matter of budget policy? SB1529, by Whitmire, is getting set to put an end to that sleazy practice. Grits has the details on that one as well.

Vince reports that HB3148, which would allow judges to exempt teens and young adults who engage in consensual sex from being required to register as sex offenders, passed out of the House on Wednesday. Unfortunately, it looks like HB3564, the "Romeo and Juliet Fair Defense Act", which would extend the defense of "indecency with a child" for age-appropriate dating by straight kids to gay and lesbian teenagers, is not going to make it out of committee. That would be a shame.

Finally, it's not strictly speaking a criminal justice bill, but since I linked to Equality Texas in the preceeding paragraph, I thought I'd mention that HB1323, the anti-bullying bill, will be on the House calendar Monday. You can learn more about that bill, which Equality Texas helped to draft, here. You can help by contacting your Rep and asking him or her to vote for this bill when it comes to the floor. Thanks very much.

Back to the well we go with ten more songs taken from the Every Song I've Got In iTunes pile.

1. The Boxer - Simon and Garfunkel
2. Guinness Dog - The Rogues
3. Take The "A" Train - Joe Henderson
4. Warmer Place to Sleep - John Mellencamp
5. Cakewalk - Asylum Street Spankers
6. Free as a Bird - The Beatles
7. The Mountain - Heartless Bastards
8. Cotton Club Stomp #1 - from the soundtrack to "The Cotton Club"
9. 11 Easy Steps - Trout Fishing in America
10. Come On (Part III) - Stevie Ray Vaughan

That's "Free as a Bird", not Freebird, which I think would have required a time machine to have been performed by the Fab Four. Which would have been awesome, but I'll leave it to the philosophers to debate. What are you listening to this week?

No surprise, really.

Rep. Todd Smith, the Republican chairman of the House Committee on Elections, confirmed today he's intending to have the committee vote Monday on a voter ID plan.

The twist: Smith is backing off his attempts to rewrite the plan.

Bowing to a request from two GOP colleagues, Smith simply intends to seek the committee's approval of the Senate-approved version of Senate Bill 362.

Presuming the five Republicans on the committee stick together, this means that barring unforeseen hang-ups, a clean version of the Senate plan will ultimately be taken up on the House floor.

The colleagues, Reps. Betty Brown of Terrell and Linda Harper-Brown of Irving, had resisted Smith's attempts to rewrite the Senate bill.

UPDATE: As noted in the comments, the Monday deadline is for House bills, so SB362 would be exempt from that. So I daresay the best hope is for it to not pass on the House floor.

Yesterday was Day One of the debate over HB300, the TxDOT sunset bill. The Lege is on Day Two now, and if you look at all the amendments they've gone through, you can see why this is taking so long. Some massive changes have been proposed and adopted, staring with this.

The first amendment to the bill, authored by Rep. Ruth Jones McClendon and amended by Rep. David Leibowitz, makes an even bigger change than the base bill proposed, completely transforming TxDOT's leadership structure.

Under current law, there are five TxDOT commissioners, all appointed by the governor. The base bill proposed maintaining five commissioners, allowing the governor to appoint three and allowing the lt. gov. and the speaker to appoint one each. And McClendon's amendment would have replaced the five appointed commissioners with one elected commissioner.

She said she wanted to "restore public trust" to TxDOT by allowing the public to choose its commissioner.

Enter Leibowitiz, whose amendment to the McClendon amendment made an even more radical proposal. Rather than have a single elected commissioner, his amendment provided for the election of 14 regional commissioners and one commission chair elected at large.

Leibowitz said he didn't think it was a perfect proposal (they'll have time to tweak it later, since the bill is on second reading), but said it was "a step in the right direction."

The Texas House late last night voted to strip cities of control over their red-light camera programs, granting the jurisdiction to the Texas Department of Transportation.

The change came in the form of an amendment, offered by state Rep. Gary Elkins, R-Houston, that moved authority over the cameras' specifications, operations and maintenance to the transportation agency as part of its overall sunset bill.

An amendment to that measure, which was opposed by the city of Houston, also bans the installation of any new red-light cameras statewide after June 1.

Elkins told members that his amendment wouldn't affect any current camera systems (the city has 70), but rather just allow the agency to craft one set of rules statewide.

"When you go from one city or the next, you don't know if you're in compliance," he said. "The state needs to establish the policy."

UPDATE: HB300 passes to engrossment.

The House tentatively approved a Texas Department of Transportation "sunset" bill in a non-recorded voice vote. The proposal also calls for the election of 14 regional commissioners.

Currently the governor appoints a five-member transportation commission, so the House move limits Republican Gov. Rick Perry's power over an agency that's widely criticized as dysfunctional. The bill still must have another House vote before moving to the Senate.

The sweeping TxDOT overhaul vote came in response to a scathing state sunset report that called for a revamp of the department's governing board and its dealings with lawmakers and the public.

The bill by Rep. Carl Isett, R-Lubbock, removes some duties from the agency, including driver's license oversight. It also would establish a legislative oversight committee, made up of six members, to study and make recommendations for the operation and needs of the state transportation system.

"No longer will the public be in the dark about construction projects in their own towns," Isett said as he introduced the legislation. "No longer will the public trust be disregarded."

One amendment attached to the bill would prohibit the state or local governments from adding automated cameras at intersections to catch traffic violations. Contracts for current red light cameras also could not be renewed once the bill becomes effective.

Lawmakers also added a provision that would require contractors for road construction projects to pay damages to businesses that have been adversely affected by project delays.

UPDATE: The AP story linked to in the first update contains a line that says the bill "removes some duties from [TxDOT], including driver's license oversight". That isn't entirely accurate. I received an email from the office of State Rep. Ruth Jones McClendon, who was on the Sunset committee for TxDOT, which gave the following clarification:

TxDOT now has no oversight of driver licenses, although in many states the Department of Motor Vehicles does administer that function. The driver license functions are housed at the DPS, and the TxDOT Sunset Bill would not make any change in that regard, at least not this Session. The changes coming about in regard to the new DMV concern the permitting and titling of motor vehicles, salvage vehicles, the Auto Burglary and Theft Prevention Authority, and similar related matters. Those divisions would move over from TxDOT and become part of the DMV, in order to house the administrative functions in an agency dealing directly with the public, private and commercial vehicle owners included. That would leave TxDOT in a better position to concentrate on infrastructure planning, design, maintenance and construction.

HB222, the bill that would legalize poker rooms, is on the House calendar for today, so barring a point of order or some other complication it will get a floor vote. It hadn't looked too good for the bill's prospects last week, so this is a turnaround. That may be because, as its author Rep. Jose Menendez said, that it was "ratcheted back" to limit poker to racetracks and Indian casinos, in the event they get legalized. I can't quite tell from the bill's text if that's the case. In any event, I know about this addition to the calendar because of an email alert I received from Texans Against Gambling, which included a statement of their opposition to HB222. I have also solicited and received a response to TAG's statement from Mike Lavigne on behalf of the Poker Players Alliance. Both are reproduced beneath the fold for your perusal. I appreciate TAG's position, but I still support HB222. We'll see if the House does as well.

UPDATE: And it's off the calendar and possibly officially dead for the session as Rep. Menendez postpones it to seek an assurance from Gov. Perry not to veto it.

Statement from Texans Against Gambling:

Weston Ware, legislative director for Texans Against Gambling, issued this statement today regarding House Bill 222, which legalizes poker, including electronic poker, in Texas. The bill was voted out of Calendars Committee on Thursday and will be scheduled for a floor vote.

"This bill is not about legalizing poker games with friends around the kitchen table. It is a ploy by the pro-gambling industry to crack Texas' constitutional ban against gambling by making the absurd argument that poker is not a game of chance, but of skill.

"The next time someone uses their skill as a player to get dealt three-of-a-kind, call me.

"HB 222, among other things, would allow electronic poker tables to operate 24/7 in bars and restaurants. These Class III gambling devices mimic the addictive qualities of slot machines based on the speed of play (a good player can go through as many as 12 hands a minute).They have the ability to keep players playing (many video-poker outlets are open 24 hours and it's not unusual to hear of someone's playing 36 hours straight). Also, the machines are designed to create the false perception that skill is involved in what is ultimately a game of chance.

"HB 222 flirts recklessly with federal law that says very clearly that if Texas legalizes any type of Class III gambling, the three federally-recognized Indian tribes in Texas may move full tilt into casino gambling Federally recognized tribes from Oklahoma and other states also are poised to leverage "historical properties" in Texas if House Bill 222 passes and Class III games are authorized.

"HB 222 does not limit the amount of the wagers for any poker game. It can be a million dollars, or more. The collections for the state of Texas in this bill, however, are limited to only 18% of a $4 charge per game; only 90 cents per player even if the wagers are a million dollars. By contrast, the Lottery of Texas yields 28 cents for EVERY DOLLAR Wagered: a million dollars wagered in the Lottery would yield $280,000 for Texas. Four players wagering a million dollars in poker game in HB 222 would yield $3.60 for the state of Texas.

"As it is written, HB 222 claims Indian casinos offering poker can be taxed. The Department of the Interior has generally prohibited such taxation. Therefore, Texas would not have the ability to either tax or regulate these gambling enterprises. Do we really want such untouchable cash-based businesses operating alongside drug cartels on our borders?

"HB 222 is a pay-back to the gambling lobby for $7.6 million in donations in 2008. But it's a stab in the back to Texas citizens who look to their elected representatives for sound decisions about Texas future. Lawmakers should vote no on HB 222."

TAG is a non-partisan coalition of public policy, political, religious and law enforcement groups that oppose the expansion of predatory gambling in Texas. For more information, go to www.texansagainstgambling.org.

Mr. Ware is content to let Oklahoma indians and Louisiana casinos dictate texas policy. I have 65,000 Texas members of the PPA that disagree with his angry ravings and scare tactics.

The final early vote tallies are in, and thanks to relatively busy days on Monday and Tuesday, a total of 1870 ballots have been cast by mail or in person as of the end of early voting on Tuesday. That's slightly higher than I thought, though I now realize I had an error in my previous computations - there had been 1321 votes cast through the weekend, not 1221. I'd have probably bumped my guess for a final total to 1800 had I realized that, so I wasn't off by that much.

Be that as it may, I'm wondering if my initial projection of 2656 votes is even farther off. I based that on District H's share of the vote in 2008, and the turnout for the May 2007 special election for At Large #3. Looking at the cumulative report from the November 2007 general election, I note that the early vote share in the Mayoral race was about 30%, and for District H it was 24%. In fact, the early vote total in District H in 2007 was only 2399 when undervotes are factored in, and the final number of ballots cast was 10,018. If the early vote share in this race is the same as the early vote share was in November of 2007, we'll wind up with 7809 ballots in all. That's a very different picture.

Personally, I think the early voting pattern that was established in 2008, when a much larger share of the votes were cast before Election Day - about 44% in March, over 60% in November - will continue to some extent in this race. I don't think it's be that high, but I think it will be higher than the 25-30% we saw in 2007. Richard Murray, who suggests that Maverick Welsh has an exellent shot at making the runoff, estimates turnout to be "five or six percent", which would be between 4523 and 5428 out of 90,473 registered voters. That would make the early vote share in the 35-40% range. I think that's pretty reasonable given all this, so I'm going to make my new guess for what the final turnout will be 4500 to 5000. What do you think?

UPDATE: I should have mentioned that polling locations for tomorrow's election can be found here. If you're not sure what precinct you're in, go here to find out. Polls will be open 7 AM to 7 PM, so you will have plenty of time to vote and go to the Art Car Parade.

Sheriff Adrian Garcia is off to Austin to explain how he's going to fix problems with the Harris County jails.

Garcia, who took office in January, inherited a massive downtown detention system under investigation by the U.S. Justice Department and under scrutiny for its overcrowding, as well as poor sanitation and access to medical treatment. Last month, the jail, which houses more than 10,000 prisoners in four buildings, added to its troubles with a failed state inspection.

It was the fourth time in six years the jail failed to meet state standards.

Inspectors with the state Commission on Jail Standards found problems that posed "life safety issues" to inmates. They cited broken intercoms, which could keep inmates from communicating with deputies in an emergency, unusable toilets and overcrowded holding cells.

Today, Garcia will detail for the jail commission plans to fix the facilities, including the repair of existing intercoms while the county installs a $5.3 million security and communications system that will replace the intercoms, a contract for which Commissioners Court approved Tuesday. Garcia also will outline a plan to better track maintenance requests while the Sheriff's Department negotiates with another county department to assume more responsibility for upkeep of the jail.

"We found that we did have a large backlog of work orders over the last few months leading up to the inspection," said Keir Murray, a Sheriff's Office spokesman.

The county's facilities and property management department oversees the contractors who maintain county buildings, an arrangement Garcia argues has stalled repairs. The Sheriff's Office hopes to take over responsibility for jail maintenance but will try to track work orders in the meantime.

Having said that, I disagree with him about this.

Persistent problems at the Harris County Jail will cease only with the construction of a new facility, Sheriff Adrian Garcia said Thursday after negotiating with state officials to keep the downtown lockup running despite its failure of a recent inspection.

[...]

Garcia outlined short-term fixes but stressed that construction of a new building for a detention system that already holds more than 10,000 people will be inevitable. Two years ago, before Garcia took office, voters narrowly rejected a $245 million bond referendum to build a 2,500-bed jail.

"Today is an indication of how pressing the need is," Garcia said. "We are going to have to have a conversation about the future and make sure we don't propose a jail that doesn't meet the needs of the county."

Garcia said he is open to all options for meeting demands, whether they come in the form of a downtown jail or another facility. He did not have a timeline for taking a proposal before the Commissioner's Court or voters but said he was confident such a plan will get support.

Court members said they were open to discussions about a new jail, but only in conjunction with broader attempts to reduce the inmate population through pre-trial diversion and modified bonding policies.

"There are so many factors involved when you look at jail overcrowding that sometimes it is just too simple to say we need a new jail," Commissioner Sylvia Garcia said.

The court has said it will not pursue a downtown jail plan unless voters approve the measure.

Now, Sheriff Garcia told me in the first interview I did with him that he voted for that failed jail bond referendum in 2007, so his position is not a surprise. Fixing the overcrowding issue is something that will take cooperation from the judiciary and the District Attorney's office, and we saw back in January that steps were being taken in that direction, which is very encouraging. I believe Sheriff Garcia will do the right thing, but I want to see concrete evidence of progress before I'm willing to talk about new jail construction. As with many of the issues bequeathed to him by Tommy Thomas, this can't wait.

Earlier this week, Sen. Steve Ogden and Lt. Gov. David Dewhurst made the claim that Medicaid would require another $1 billion from the budget, and that this would constrain the budget reconciliation committee as it tries to fund everything that's been appropriated. I thought that sounded ominous, but to others it sounds overblown.

[P]owerful lawmakers usually low-ball what Medicaid will cost to help them balance the budget. But now, they are "high-balling," or maybe we should say "true-balling" them? What gives?

Normally, after knowingly putting into the budget too little money for Medicaid, lawmakers then come back the next session and pass a stopgap spending bill. It plugs holes in the soon-to-be-history two year budget, with Medicaid the biggest shortfall, usually. Because Medicaid is an entitlement, recipients get seen and their medical bills get paid.

But this session, [the Legislative Budget Board] has suddenly upped its projections so that they actually exceed the commission's for two of the next three years. How unusual.

I asked [former state Medicaid program official Anne Dunkelberg] if she thought Senate GOP leaders are trying to discourage passage of any more bills that would authorize more spending, in areas such as children's health care or expanded pre-kindergarten instruction.

Her response:

"After 20-plus years of tracking Texas Medicaid budgets, it is hard not to be a little sceptical when there is such a noticeable change in assumptions. For the last decade or more, when major assumptions have changed mid-session, it has always been to lower the Medicaid budget total, so you really take notice when they take it in the other direction. The HHSC agency folks think this is just the LBB coming to their senses about the true cost of the program, but a darker interpretation could certainly be that there is a desire to slow the momentum behind the movement to provide more uninsured kids health care and expand acces to pre-K.

So about two weeks ago I got an email from a gentleman named David Smith, who is the proprietor of a website called Texans for Staubach, as well as the treasurer of a PAC by the same name, whose purpose is:

-To oppose the re-election of Governor Rick Perry
-To oppose the election of U.S. Senator Kay Bailey Hutchison to the office of Governor
-To promote the candidacy of Roger Staubach for the Office of the Governor of the State of Texas

UPDATE: Turns out The Rog is a KBH supporter.

From my inbox, some good news from Joe Jaworski:

Galveston matters, and the Island's next Mayor must ensure this message is clearly understood: Galveston is more than a storm ravaged Island with a history; it is an iconic Texas coastal community with a future!

It's time to make it official: I announce my candidacy to become Galveston's next Mayor. The election is one year away on May 8, 2010, and I'm looking forward to leading a robust, positive campaign for Galveston's future.

The Joe Jaworski for Galveston Mayor Campaign believes that Galveston matters, and it's our intention to broadcast that message positively and often. We begin by announcing the launch of our campaign website www.JoeForGalveston.com. Please visit our website, review the issues, email me your views, sign up to volunteer, add your name to our list of supporters and help us raise the money we need to reach every voter by making a secure contribution online via credit card. The www.JoeForGalveston.com website will be our primary communication tool, and we'll maximize our campaign's presence on social networking sites such as Facebook, Youtube and the like, so stay tuned.

Our campaign proudly acknowledges support from both on and off the Island; that's one of our strengths. Galveston is coming back, and whatever your zipcode - especially after Ike - we are all Galvestonians! So join our campaign to show your support for Galveston's brightest future.

Ultimately, this campaign is about Galveston's future and the Galveston voters who will step up and make this campaign something we can all be proud of. Here's my pledge to you: We'll campaign the same way we'll lead: expect a clear, positive and thoughtful campaign where we will adress issues, determine priorities and draft an action plan. The election is a year away, but Galveston's future begins now.

I'm asking for your vote and your support. I'm running to be Galveston's next Mayor because I'm ready to work for you every day to show the world that Galveston's best days are ahead.

Tune in to KUHT (Houston PBS channel 8) tonight at 7 PM for another edition of Houston Have Your Say. Tonight's topic is the economy, about which I think we can all agree there is much to be said. Ree-C and I will be behind the scenes as usual, posting our observations about the proceedings as well as the occasional 80s TV reference to the Houston Have Your Say blog. Tune in, call in, leave comments - you know the drill. See you tonight!

For your reading pleasure, a poll of Republican primary voters (PDF) by Rick Perry's pollster Mike Baselice that shows a 45-39 lead by Kay Bailey Hutchison. You can read a poll memo to supporters that spins the results, but the points I'll make are as follows.

1. The basic result feels about right to me. I think KBH is a favorite, but never underestimate Rick Perry in a nasty political campaign. As I've observed before, Perry has had all the initiative in this fight so far. I keep waiting for KBH to show up and try to set the terms of the debate on turf more favorable to her. I'm sure she has a strategy that goes beyond simply being herself, but I couldn't tell you what it is. Perry's strategy may not be one that will appeal to all that many people, but at least he has an identifiable plan.

2. Having said that, isn't it a bit odd for a two-term incumbent to tout a poll that shows him trailing? The basic message here is "We're not losing by as much as y'all think we are." Seems like a strange thing to brag about.

3. I'm fascinated by the lopsided amount of blame being put on "Washington Republicans" as opposed to "Texas Republicans" for the GOP being on the wrong track. One wonders who they mean by that - John Boehner? Mitch McConnell? Michael Steele? George W. Bush? I'd argue that almost all of their problems can be laid at the feet of the latter, but given the amount of fealty he still commands from the rump of the party, it's hard to imagine that's who they mean. And will they feel that way about Big John "Chair of the NRSC" Cornyn in the event the Senate GOP caucus gets reduced again in 2010?

4. I continue to wonder what a poll that also included Debra Medina and Leo Berman might look like. I doubt they'd grab more than a few points, but in a close race that could matter, and I don't really know who'd give up more of their share to them. I'll be very interested to see the June finance reports to see if either of them has raised any real money.

5. What do you suppose KBH's pollster's numbers look like? Perhaps they'll feel compelled to leak their own results so we can compare. Here's a non-poll response from him, for what it's worth.

UPDATE: Via Texas Politics, a new Rasmussen poll shows Perry with a 42-38 lead. Still not great numbers for an incumbent, but it beats being behind. This bit is my favorite:

Perry leads by 15 percentage points among conservative voters but Hutchison leads by 35 points among the moderates.

Here's Blogabear's view of HB2295, the bill to sunset the Texas Residential Construction Commission, aka the TRCC. And here's John Coby's view of it. I sure hope the former is closer to the truth, because it passed, though with some decent amendments added. I still think we'd be better off if the damn thing were trashed, but that ain't happening. Martha on Twitter has the blow-by-blow.

Some action on the cellphones and driving front.

The House tonight tentatively approved a bill restricting teens' use of cellphones until they're 18 and overhauling driver's ed requirements in Texas. The bill would require all new teen drivers to have an additional 20 hours of behind the wheel experience, 10 of them at night, before they could get a driver's license. And it would lengthen the ban on a new teen driver having more than one passenger under 21 in the car. The ban now last six months, but would be for the first year under the bill, passed on a voice vote.

Rep. Larry Phillips, R-Sherman, said he offered the bill after the community of Pottsboro in Grayson County had two teens killed in car crashes in one month. Parents there formed a group, "Less Tears, More Years." They campaigned for more parental awareness of the risks of today's teen driving -- and more driver ed.

I was just saying to someone the other day that while I thought the fields for the upcoming city races were largely set, there would certainly be a few more candidates appearing between now and the filing deadline. Lo and behold, here are three of which I'm recently aware. Two of them are running for At Large #4: Jay Green, president of the Shady Acres Civic Club, and Sandra Dahlke, whose "Issues" and "Supporters" links open in a new window and give you a 404 error. Probably better to get that sort of thing ironed out before you go live, but there you have it.

Also on the scene is a new Mayoral candidate, TJ Huntley (warning: auto-starting video), who got a mention on the Chron's Houston Politics blog.

"Like Bill White, I am good in business," he told us.

But unlike White, Lanier and this year's crop of better known candidates, Huntley lacks a college degree and says he has never been to a City Council meeting. His real estate business, which he frequently manages via laptop computer from various Starbucks stores in Houston, is in Missouri, he says. He has lived here for about 8 years, he says, because he likes the place. He does not own a home in Houston.

Huntley's entry into the race was too late to get an invitation to the Mayoral forum on the arts on Tuesday; more on that is here. Which, honestly, is fine by me. I'd rather these events were limited to the candidates who have some remote hope of winning. Your mileage may vary.

Finally, this seems as good a place as any to pass along the information that there will be another Mayoral forum, this one hosted by the Texas Business Alliance and focusing on small business development, on Thursday, May 21, at 6 PM at Texas Southern University. A press release from the TBA with details is beneath the fold.

UPDATE: I've received some feedback that despite her campaign website, Sandra Dahlke is no longer a candidate for Council.

Houston's mayoral candidates will share their views regarding small business development during the Texas Business Alliance (TBA) Houston Mayoral Forum on Thursday, May 21, 2009, at the Barbara Jordan-Mickey Leland School of Public Affairs at Texas Southern University, 3100 Cleburne Street, Houston, TX 77004. The general and private receptions begin at 6 p.m., with the one-hour Mayoral Forum beginning at 7 p.m. Art Rascon, reporter/anchor, KTRK-TV 13 Eyewitness News will moderate. The public is invited to attend.

Participating in the Mayoral Forum are candidates Peter Brown, Houston city councilman; Gene Locke, partner, Andrews Kurth, LLP; Roy Morales, trustee, Harris County Department of Education; and Annise Parker, controller, city of Houston.

"Houston prospers only when small businesses prosper," said Dr. John M. Rudley, president of Texas Southern University. "If Houston is to remain a place where jobs and opportunity are abundant and where the American dream is within reach for every family, then one of our greatest goals must be to help small businesses succeed. That's why Texas Southern University is proud to host the Mayoral Forum focusing on small business matters."

"Specifically, the Texas Business Alliance is interested in hearing the candidates' viewpoints on the issues that matter to small businesses in Houston, such as how decisions to hire or not hire local firms will be made, the Affirmative Action and Contract Compliance area, their plans to ensure MWBEs are developed to do business with the city of Houston, and small business taxes," said Jeffrey L. Boney, founder and CEO, TBA. "The success of small business in Houston and its future will be shaped by one of the candidates attending this forum."

The public is invited and encouraged to attend and hear the issues firsthand. To reserve a seat, online registration is available at www.texasbusinessalliance.org. Registrants wishing to attend the private meet-and-greet reception with the mayoral candidates may register and pay on the TBA Web site. The cost of the private meet and greet is $25 for non-members and $20 for TBA members. There is no cost to attend the general reception or Mayoral Forum.

For more information, please contact 281.213.9554 or info@mwhpublicrelations.com.

Well, that's too bad.

Just yesterday the Texas House approved on second reading House Bill 710, which would have made the Texas State Board of Education subject to periodic review by the Sunset Advisory Commission. That vote was 74-68. But the House just voted down the measure on third reading, 71-73. Only one Republican crossed the aisle to vote for HB 710.

The vote came after religious conservatives -- rallied by a virtual "who's who" of right-wing pressure groups -- bombarded House offices with e-mails and phone calls opposing this common-sense bill. That pressure campaign didn't surprise us -- far-right groups have been thrilled that the state board is controlled by ideologues who keep dragging public schools into the culture wars. But the vote should be terribly disappointing for parents and other taxpayers who are tired of extremists using the State Board of Education as a playground for promoting ideological agendas.

I just have one question regarding this story.

Top lawmakers voiced support for creating an inspector general at the Texas Department of Public Safety on Tuesday, a day after the sudden resignation of the agency's director amid allegations of unprofessional actions with female staffers.

The idea of an official who could look into issues and report directly to the agency's governor-appointed oversight commission has been among proposals for overhauling the DPS, which is undergoing its periodic "sunset" view.

Some said it was particularly appropriate after the departure of Col. Stanley E. Clark, who left amid allegations that he touched women at the agency in an unprofessional way, "demonstratively" blew kisses to one and called a veteran employee "his girl."

In November of 2007, Chris Bell filed a lawsuit against Governor Rick Perry's 2006 re-election campaign and the Republican Governor's Association claiming they illegally hid $1 million in donations from Houston homebuilder Bob Perry. The suit alleges that the RGA was not legally set up to make donations at the time of the contributions to Perry. More information on the allegations in the suit is here. On Tuesday in Austin, the plaintiffs survived a motion to dismiss.

District Judge John Dietz late [Tuesday] denied efforts by Texans for Rick Perry and the Republican Governors Association to throw out a lawsuit brought against them by Democrat Chris Bell, who ran against Perry in 2006, said Bell lawyer Buck Wood.

[...]

Wood said the Dietz ruling did not address Bell's own effort to have a summary judgment in the case. If that effort is also denied, the case will move closer to a trial.

No hurry, fellas. Seriously, take all the time you want.

Rep. Todd Smith, the Euless Republican who helms the House Committee on Elections, said today he's still trying to gather the five committee votes he needs to send a voter ID measure to the full House. Smith, you'll remember, initially said he hoped to win the committee's sign-off on his approach sometime last week.

Noting that House rules permit members to act on Senate bills for three weeks' more, Smith said: "We don't have a gun to our heads. I'm going to give the members of the committee time to get comfortable with a proposal."

Smith did not confirm that he's backed off his rewrite of the Senate-approved proposal that circulated last week, though there's been talk that he's willing to implement the ID mandate in 2011 rather than 2013 as he suggested last week.

There's also chatter that Smith is amenable to requiring photo IDs of every voter, one of several principles listed in a letter signed by 71 House Republicans. Under the must-have-a-photo-ID approach, a voter without an ID could still cast a provisional ballot (subject to being counted after regular ballots) by presenting documents indicating her or his identity.

"We all have our preferred route" to a proposal, Smith said. "Everybody is going to have to give a little bit."

Meanwhile, the League of Women Voters and five other non-partisan advocacy groups released a document (PDF) that outlined their preferred approach to election reform.

Problems that need addressing:

1. Texas was 46th in voter turnout by voter eligible population in the 2008 general election. Only Hawaii, West Virginia, Utah and Arkansas had a lower voter turnout than Texas.
2. Texas has the highest number of recent violations under the Voting Rights Act.
3. Rejection rates for provisional ballots for Texas are among the highest in the country.
4. Advocacy groups report a significant number of instances of poll workers not following existing election law on provisional ballots and ID requirements but Texas doesn't have an adequate method of reporting and dealing with these issues.
5. Hispanic registration rates are significantly lower than white-non-Hispanic registration rates in Texas.
6. Despite the mistaken belief that many voters are not eligible to vote, there is virtually no evidence of voting by non-citizens or voter impersonation.

Principles for addressing these issues:

1. Register all eligible Texas voters and make sure their votes get counted accurately.
2. Protect the rights of all Texas voters from deceptive practices that intimidate voters or provide false information about voting.
3. Encourage all eligible Texans to participate in all Texas elections.
4. Provide avenues to identify, report, investigate and resolve election issues.
5. Prosecute cases of voter and election fraud.
6. Substantive changes in voting policies, including any change in identification requirements, must be accompanied by a robust and multifaceted public and poll worker education campaign.

UPDATE: A new draft bill made the rounds, with some concessions such as a 2011 implementation date but also some hardlining, as all non-photo forms of ID were removed as acceptable for casting a non-provisional ballot. Dems were not happy and circulated a letter demanding more hearings, which Rep. Smith was not inclined to do. Republicans aren't that happy with this, either, and so no committee vote was held today. Postcards has the most comprehensive take on it, but see also Texas Politics, Elise Hu, and Rep. Pena.

UPDATE: Floor Pass has a more thorough analysis of what's wrong with the "compromise" bill.

Speaking of appointments, the Senate Nominations Committee today will consider Governor Perry's naming of Shanda Gillaspie (Perkins) to the Board of Pardons and Parole. You remember her - she's the anti-sex toy activist best known for her war on dildos. I'm going to resist the urge to make any bad puns and just note that as Grits says, she's unqualified for the post. But she does serve a political purpose, and sometimes that's all that's needed.

A lot of the people Rick Perry has appointed to various government offices have contributed to his campaign. Who knew?

Gov. Rick Perry has accepted nearly $5 million in political campaign donations from people he appointed to state boards and commissions, including some in plum jobs that set policy for state universities, parks and roads, records show.

Nearly half the appointee donations came from people serving as higher education regents, including more than $840,000 from those at the University of Texas System, according to a Houston Chronicle review of campaign-finance records.

Political patronage is nothing new for Texas governors in both political parties. The contributions are a legal and common practice, though it has been fodder for critics over the years.

"The reason people should care is that it would be nice to think that government functioned as a meritocracy," said Andrew Wheat of the watchdog group Texans for Public Justice, which has tracked appointee donations in the past.

Perry's office didn't dispute the Chronicle's analysis, but rejected any notion that the governor considers donations in choosing his appointments. His spokesman, Mark Miner, noted that many people serving the state for the governor aren't donors.

Indeed, only about one in 10 of the 2,400 people currently serving Perry have written campaign checks, according to the review, which matched names and other records in computerized data to flag donors.

The appointees have given about $4.9 million since Perry became governor in late 2000, with the average donation topping $7,000. The total is only a fraction of the more than $60 million the governor has raised since he took office.

Don't get me wrong, I totally understand Andrew Wheat's point, and Lord knows there's plenty of examples of quid pro quo in our campaign system. I've said many times that the reason many big donors give the huge sums they do to various campaigns is precisely because they expect a return on their investment. Had this article shown some kind of connection between the donors, their legislative and/or regulatory interests, and the appointments they received, that would have been a different matter. But the fact that the class of political appointees contains a number of political donors as well shouldn't be seen as something onerous in and of itself. If it were, then logically anyone who might be a meritocratic selection to fill some chair or board or whatnot would be barred from contributing to the campaign of a candidate they believe in, lest they render themselves un-appointable later on. Surely that's not a desirable outcome.

Yes, yes, yes.

House and Senate budget negotiators will decide in the coming weeks whether the [$3 million a year program to test high school student athletes for steroids] continues -- and its scope and pace.

"It's not needed. House members think that we should not do the test at all," said House Appropriations Chairman Jim Pitts, R-Waxahachie. Pitts will lead House members in their negotiations with Senate counterparts.

A scaled-down program is possible, Pitts said. And that would satisfy Rep. Dan Flynn, R-Van, who sponsored the steroid-testing legislation two years ago.

He prefers a scaled-down program where random tests for steroid use are given to students who participate in football, track, weight lifting and wrestling, sports in which steroid abuse is most prevalent, as opposed to volleyball, for example.

"No, we don't have a whole lot of people that we caught, but the whole idea was for them not to use it," Flynn said. "It was a fairness and health issue, and we think we raised that level of awareness to a bar where it's been successful."

A month ago, I wrote about a website called Texas Cottage Food Law, which is working to pass a bill that would allow folks who bake bread and cakes and whatnot to sell their wares from their homes. I'm pleased to report that they're making some progress in their quest.

For the past four-and-a-half weeks HB 3282 has been held up in the Public Health Committee. The bill was voted out of the Public Health Committee by a unanimous vote of 9-0 around 6:30 p.m. on April 28. A report is now being prepared to be sent to the Calendars Committee to await placement for floor debate and vote. This alone could take up to a week.

"If no actions are taken by May 11 the bill dies," Magnolia area home-school student and cake enthusiast Emily Doty said. "I am so passionate about the passing of this bill because my grandma baked for years and it is something I would like to have the option to do later."

Doty said that the bill has a lot of public support. Rep. Dan Gattis discussed his bill allowing for the production of baked goods in an individual's home before the Committee on Public Health, on March 27.

He introduced the Cottage Food Production Act after being contacted by a constituent who wanted to see a change in the law.

Cake Boss Kelley Masters of CakeCentral.com wrote the representative seeking assistance so individuals such as herself could legally sell baked goods made in their homes. In addition to hearing from Masters, Gattis received numerous calls and a signed petition from more than 2,000 Texans supporting such legislation, according to a Texas House of Representatives press release.

"The Cottage Food Production Bill is about encouraging entrepreneurship among individuals who want to legally sell their baked goods," Gattis said. "A number of successful businesses began in people's homes, from Microsoft and Dell, to Paula Dean and Tiff's Treats. This bill provides a starting place for bakers in Texas to earn some additional income and opens the doors for additional successful businesses in the future."

A wrench just got thrown into the budget reconciliation negotiations.

Forecasts that more Texans battered by the recession will qualify for free health care under the Medicaid program will require that the program receive nearly $1 billion more in state funds, Lt. Gov. David Dewhurst announced today.

"One cloud has arisen," he said, updating reporters about House-Senate budget talks. Though the Senate inserted $750 million more of state money into the two year, $182 billion budget for Medicaid enrollment and cost growth, Dewhurst said the Legislative Budget Board now thinks the figure should be closer to $1.75 billion. The House didn't put any money into its budget for Medicaid enrollment and cost growth.

Senate Finance Committee Chairman Steve Ogden, R-Bryan, said he expects lawmakers will have to find more money for Medicaid in both the 2010-2011 budget and an emergency spending bill plugging holes in the current budget.

"There's less money today than we thought there was ... a week ago for new stuff," Ogden said.

What the hell is going on at the Department of Public Safety?

he director of the Texas Department of Public Safety is resigning amid allegations that he touched women at the agency in an unprofessional way, "demonstratively" blew kisses to one and called a veteran employee "his girl."

Col. Stanley Clark's resignation is effective May 31, but he will no longer be performing any duties at DPS, according to a spokeswoman.

Clark, 60, has led the agency since becoming interim director in September. He succeeded Col. Tommy Davis, who retired in the wake of a fire that severely damaged the Governor's Mansion on DPS' watch.

"This is an elite law enforcement agency. We expect all our employees to demonstrate the highest degree of professionalism," Allan Polunsky, chairman of the Texas Public Safety Commission, said in a statement. "The director must set the example for all employees in their workplace communications.

"Col. Clark has acknowledged his failure to adhere to those high standards and has chosen to retire at the end of this month," Polunsky said. "We are disappointed by this matter, and we are committed to moving on in our search for a director."

Woo hoo! HB2094, the bill that would allow microbreweries to sell some beer on premises that I thought might be dead before getting a glimmer of hope last week, passed out of the Licensing and Administrative Procedures committee on a 5-2 vote. That's progress, baby. Time to call someone on the Calendars committee so this can get a floor vote. What a nice brewery-warming present that would make.

I'm pleased to note that HB4237, the "blogger bill" that I wrote about last week, passed out of the Civil Jurisprudence committee on an 8-1 vote. Now the race against time and the Calendars committee begins. Nevertheless, this is a nice step forward, and gives us something to build on in the event the clock strikes midnight on us. My thanks to Vince and KT for taking the point and testifying before the committee on this.

Today is the last day to vote early in the May elections in Texas, including the special election for Houston City Council District H. Here (PDF) are the early vote totals through Sunday. As of then, 1221 people had voted in person or by mail. Saturday, the first of three days for which EV hours were 7 AM to 7 PM, was the busiest day with 240 in person voters. If Monday and Tuesday are like that, we'll wind up with around 1700 early votes cast, which suggests that my initial projection of 2656 is too low. Probably not by much, though - perhaps the range is more like 2700 to 3500. I'll have a better feel for it when I see Monday's numbers. In the meantime, the basic idea that this is a low-turnout affair and that every vote really counts is still very much in operation.

Speaking of which, I finally did my civic duty on the way home from work yesterday at Moody Park. This might have been the hardest decision I've had to make in an election ever - it was way harder than settling on a Presidential candidate last March. I want to stress again that I considered this to be a dead heat between Ed Gonzalez and Maverick Welsh, both of whom I think would do an excellent job in office. In the end, I finally decided to cast my ballot for Welsh, on the grounds that from what I could see, his team worked harder at it. That's a small thing, one that's only a factor in a race that's as close as this one, but it's what did it for me. If Gonzalez makes the runoff and Welsh doesn't, I'll happily vote for him. If somehow neither of them makes it, I'll figure it out from there.

If you live in H, have you voted yet? Leave a comment and let me know.

Paul Burka takes a look at Census figures and projections for 2010 and considers the implication for the 2011 Legislative Redistricting Board redraw of State House and State Senate lines.

There is going to be carnage in rural Texas, especially from Wichita Falls to Lubbock to Amarillo, an area currently represented by six House Republicans: Hardcastle, Jones, Isett, Chisum, Swinford, and Smithee, and only two Democratic districts (Farabee and Heflin). In East Texas, the Eltife and Nichols Senate seats are in rural areas that have not kept up with the growth rate.

On the other hand, Republicans won't even have to gerrymander to gain seats in suburban Texas. Huge growth rates in Collin, Denton, and Montgomery counties will result in more Republican seats. The other two big suburban counties, Fort Bend and Williamson, also have high growth rates, but the growth in these counties includes Democrats as well as Republicans. Growth in urban Texas was right around the statewide average, so the Democrats will have to win seats by defeating Republicans.

On a side note, one thought that struck me in thinking about this was that perhaps we ought to consider increasing the number of members in the House and the Senate. Assuming Burka's population projection is accurate, each of the 150 State Rep districts will have about 168,000 people in it after the 2011 redraw. Now take a look at the 1990 Census figures. Just 20 years ago, each district had roughly 113,000 constituents. To keep that same ratio for the 2010 population you'd need 223 members. Maybe this is one reason why the cost of running for State Rep keeps going up - you have to reach more and more voters just to maintain position. And with four Congressional seats being added to bring the total to 36, the 31 Senate districts are going to become a lot more populous than Congressional ones soon. I say it's worth considering the possibility of increasing the size of each chamber in order to keep a certain level of closeness to each elected official. What do you think?

UPDATE: Greg brings some maps.

Sometimes it's hard to remember what century we're in.

Rep. Alma Allen's joint resolution to post-ratify the 24th amendment to the U.S. Constitution passed the House on second reading this afternoon. The 24th amendment is the one prohibiting states from levying a poll tax, or a tax on voting, which was used to keep minorities, women and low-income folks away from the polls.

When the 24th amendment was ratified in 1964, Texas was one of just five states that still levied a poll tax, and one of 12 states that didn't ratify the amendment. Since then, Virgina, North Carolina and Alabama have post-ratified the amendment.

"It's been a long time coming but it's here today," Allen said.

It's four weeks to sine die for the Lege, but the Texas Progressive Alliance is never out of session. Click on to read this week's highlights.

How would Republicans handle a pandemic? CouldBeTrue of South Texas Chisme knows. They'd hunker down. Get out their guns and shoot anybody with a runny nose.

After a record 3 weeks without a post in his six years of blogging, Easter Lemming has a very brief round-up of the Pasadena elections.

Off the Kuff writes about the resolution to impeach Judge Sharon Keller as submitted by Rep. Lon Burnam, which received a committee hearing last week.

Vince at Capitol Annex tells the sad story of how a fundamentalist "historian" and evangelist who believes that hurricanes are God's punishment on society for tolerating gay citizens will guide the writing of Texas' new social studies standards. If you thought Darwin versus Don McLeroy was a train wreck, wait until it is the treatment of American Indians, what labor unions have done for America, Islam, women's suffrage, 9/11, the free enterprise system, and the civil rights movement versus David Barton. First one who catches one of the new "experts" complaining about too much information about minorities in textbooks wins a prize!

WCNews at Eye On Williamson posted this week on the latest transportation funding scheme the lege came up with, a "transportation bank", Texas Transportation Revolving Fund?.

I, Neil at Texas Liberal, wrote a helluva post about the inability of the Republican Party to return to it's pre-1929 Stock Crash numbers in the U.S. Senate. I also wrote about the albino buffalo in Kenya. Texas Liberal passed 600,000 total page views this week and is averaging 1570 a day for 2009. Thanks blog reading public!

Why on earth is the Texas Senate, working with TXDOT, trying to turn the public pensions trusts into another AIG? McBlogger would really like an answer.

Arlen Specter's political deathbed conversion didn't strike PDiddie at Brains and Eggs as something wonderful. And Burka's conflating Kay Bailey into the conversation was greeted with even more derision.

BossKitty at TruthHugger wonders about those poor souls on death row who depend on the passion of protesters and technology for hope. Whether they know they are guilty or innocent, at least they know they'll get the needle, instead of the chair or the noose. Those death row inmates now have the best chance ever, with revelations about bias and legal system misconduct are front and center, death penalty question marks are getting bolder. Take a look at Killer Texas Laws and Lawmakers Continue To Amaze with many historic reference links to click.

Over at TexasKaos, Boadicea says no to Fake Reform. See what she has to say in her posting: "Transparency"-I Don't Think That Word Means What You Think It Means...

After much talk about secession, Perry has found yet another reason to keep the government around. The Texas Blue notes that the guy who wanted American troops to defend the border and asked for money -- and then more money -- to help the Hurricane Ike cleanup shortly before talking about leaving the Union now wants the Centers for Disease Control to give us 37,000 doses of Tamiflu to help with the swine flu virus.

WhosPlayin is neck-deep in the local mayor's race, and examined candidate Winston Edmondson's wacky ideas to increase police morale by giving them more patches, and finding corporate sponsors.

Off to the House.

The Texas Senate unanimously approved legislation today that would sharply restrict the ability of public university governing boards to raise tuition. The measure now goes to the House.

Lawmakers granted boards of regents virtually unfettered authority in 2003 to control tuition. Increases since then have prompted something of a legislative backlash.

Some lawmakers wanted to withdraw all tuition-setting power from regents. Others had proposed a temporary moratorium on increases.
Senate Bill 1443, whose primary author is Sen. Judith Zaffirini, D-Laredo, would allow governing boards to raise tuition, mandatory fees and course fees at the state's 35 public universities, but it would strictly limit such increases.

UPDATE: Here's the Chron story on this.

If you live near the coast, get ready to pay more for windstorm insurance.

Coastal residents insured by the state windstorm fund could see increases of 5 percent per year for the next three years under a bill passed Thursday by the Senate.

The vote to send the bill to the House was 27-4. One senator who voted against it said the rate increases are still too much for residents rebuilding from Hurricane Ike.

"I was very concerned about the impact the bill would have on the coastal communities. They've been hit hard and many are struggling to recover," said Sen. Joan Huffman, R-Houston.

But the bill author, Sen. Troy Fraser, R-Horseshoe Bay, said the Legislature has to do something to build up the Texas Windstorm Insurance Association, which was depleted by Hurricanes Ike and Dolly last year.

"Currently, TWIA has $68 billion in coverage written along the entire Texas coast and there is zero money in the reserve fund. This exposure is rapidly expanding as more residents and businesses seek windstorm coverage from TWIA," Fraser said.

TWIA provides coverage to homeowners and businesses in 14 coastal counties and a part of Harris County who can't find it elsewhere.

This ought to stir things up a bit.

The Texas House today is expected to pass a bill that could lead to the extension of Houston's term limits.

The bill, authored by state reps. Garnet Coleman and Carol Alvarado, would call for an election, allowing voters to decide whether elected officials like the mayor, City Council members and controller would be able to stay in office longer.

Those officials now can only serve a maximum of three, two-year terms. Alvarado, for example, had to leave the City Council after six years, and Mayor Bill White is being forced from office this year. The bill, which still must pass the Texas Senate, would extend that to six, two-year terms or three, four-year terms.

Coleman, who has tried to get this passed before, said the limits give too much influence to staff members and to lobbyists because they stay while politicians rotate in and out of office. Neither lobbyists nor staff members are accountable to the public, he said.

The text of the bill, simply put, says that the Mayor and Council would choose between three four-year terms and six two-year terms as the new term limit, then put a measure on the ballot for that new limit in November of 2010. If it passes, that's what we get, and if not, we keep what we already have. I'd prefer the latter, but either is better than the silly system we have now. Given how different the city and its electorate is now from how it was in 1991, when term limits was basically a Republican-pushed fad, I'd make either of them a favorite to succeed. For now, it's up to the Senate to give us the chance to make it happen. Statements from Rep. Coleman and Rep. Alvarado about the passage of HB3006 are beneath the fold.

State Representative Garnet F. Coleman (D-Houston) applauds the House for passing House Bill 3006, which will give Houston voters the choice to make their city government more effective and better suited to meet their needs. HB 3006 would let Houstonians decide if they wish to expand term limits in Houston from the current three two-year terms, to either six two-year terms or three four-year terms, through a proposition on the November 2010 ballot.

"Existing term limits keep Houston City Council Members from gaining necessary legislative experience," said Representative Coleman. "Short term limits force out members almost as soon as they learn the legislative process, and deter qualified candidates from seeking office."

HB 3006 will not extend the terms of city officials currently in office, and will actually help diminish the power of incumbency.

"Incumbents rarely face serious challenges because most candidates would rather wait for a seat to open," said Representative Coleman.

Current term limits favor executive power over legislative power. HB 3006 will give Houston voters the opportunity to equalize that power.

"Houston voters know which set of policies best suit their needs," said Representative Coleman. "This legislation simply gives these voters options."

Statement by Representative Carol Alvarado on HB 3006

"House Bill 3006 can help prevent the constant loss of institutional knowledge at the City of Houston by providing voters a new option on City Council term limits. I have always believed that the current term limits hurt Houston's neighborhoods and communities by prohibiting proven leaders from serving on the council for more than six years. I want to thank Representative Garnet Coleman for his work on this important matter."

Representative Alvarado signed on as a joint author to HB 3006, which would call an election in November 2010 to give the voters of Houston an opportunity to extend the City Council's term limits to a total of 12 years. HB 3006 was approved in the House on Monday, May 4th and will now be considered by the Senate.

Dynamo Stadium has been in the works for a long time, but depending on how things go this month, there might be some light at the end of the tunnel.

[T]he Dynamo view this month as pivotal in their quest to go from a routine archeological dig to a bowl excavation and from renderings to the real thing -- all the while staying on schedule and on budget.

"May is a make-or-break month," [team president Oliver] Luck said. "In the sense that it is important we get into this building by 2011.

"To use a soccer analogy, we're in extra time now."

The Dynamo want to have the roughly $85 million, 22,000-seat stadium ready for opening day 2011. They envision an all-round two-level, all-seater venue with 34 suites, 86 concession point-of-sales, a 3,000 square-foot club level and a party deck on the southeast corner.

[...]

For it to be ready on schedule, work on the 16- to 18-month project would have to start no later than this fall.

For that to happen, Luck said, the team will need to complete its financing package agreement with the city and have the county, by way of Commissioners Court, vote in favor of contributing $10 million to the project (an amount similar to what the city would contribute) by joining the city's East Downtown Tax Increment Reinvestment Zone, which includes the site.

"No one wants to commit until all the financing is lined up," Luck said.

[...]

The Dynamo could check the city off their to-do list this month. The city and team ownership have concurred the parties are close on most points. Getting the county on board might take longer. Though discussions are ongoing, there has been no signal from the county commissioners suggesting the issue will be added to Commissioners Court agenda any time soon.

Brandi Grissom reports.

State Rep. Norma Chavez, D-El Paso, said today the House Licensing and Administrative Procedures Committee approved the omnibus gambling measure that contains language that would allow the Tigua tribe in El Paso to resume gambling at Speaking Rock.

The measure, HJR137, would amend the Texas Constitution to allow voters to determine whether gambling should be allowed in their region.

UPDATE: And now the TLO page has been updated to reflect the fact that this bill was in fact approved by the committee, on a 6-0 vote with three members absent. So it just needs House approval, then a vote in the Senate, along with the adoption of the enabling legislation.

I realize there are about a billion higher priorities for the President and the Congress to be dealing with these days, but I still really enjoy watching these guys squirm.

At a hearing Friday before the House subcommittee on commerce, trade and consumer protection, three members of Congress decried the manner in which college football decides its national champion and warned government action could be implemented should changes not be made voluntarily by the sport's administrators.

Texas Rep. Joe L. Barton, who has introduced legislation that would prohibit the NCAA from advertising its national champion in football as such unless it was produced via a playoff system, levied the most pointed criticisms of his peers toward the Bowl Championship Series.

"It's interesting that people of good will keep trying to tinker with the current system, and to my mind it's a little bit like -- and I don't mean this directly -- but it's like communism," Barton said in his opening statement. "You can't fix it. It will not be fixable. Sooner or later, you're going to have to try a new model, and that's why we're here today."

Four high-ranking college football officials testified before the subcommittee. Proponents of the current BCS system predicted that renowned bowl games would become endangered if a playoff system was initiated.

"It will be very difficult for any bowl, including the current BCS bowls, which are among the oldest and most established in the game's history, to survive" because sponsorships and television revenue would go toward playoff games, BCS coordinator and ACC Commissioner John Swofford said. "Certainly the 29 games that are not part of the BCS would be in peril."

I remember as a freshman in college staying in Lubbock overnight while driving across Texas and learning what a "dry county" is. That didn't stop us from having a few brews - we just had to cross the county line to buy them first. I thought at the time that was a dumb way to live, but whatever. Regardless, it pleases me to learn that among other things up for election this May is a local referendum in Lubbock that would allow the sale of alcohol in stores. I can respect the argument against, though I disagree with it, and in the case of the guy who says that allowing alcohol sales in Lubbock would be a reduction in freedom because then the state would be the controlling authority and not the county, I don't understand it. I'm still rooting for the pro-beer forces to win, because that's just the kind of guy I am. Good luck, y'all.

We can argue and debate all we want about where development should occur, and what responsibilities developers and governments have to protect flood plains and abate flooding and whatnot, but at the end of the day there's a simple truth that needs to be reckoned with.

Flooding of streets and homes probably is unavoidable when rains are as intense as they were last week, said John Jacob, director of Texas A&M University's coastal watershed program.

On the other hand, Jacob said, "The more you pave over stuff, the more flooding we're going to get."

It was the flu pandemic, and it swept the whole world wide...

And yes, I remember the 1976 swine flu vaccination debacle.

If only there had been Twitter in 1918.

Doesn't anybody read "The Masque of the Red Death" any more?

By the way, this swine flu outbreak serves as another reason why studying evolution matters. Someone should tell Don McLeroy.

Oh, and via Yglesias, how sweet it is that Sen. Susan Collins of Maine made sure we didn't waste any money on pandemic flu preparations in the Recovery Act. Which she's not so proud of any more. Sen. Chuck Schumer of New York got in the act, too. For shame.

Here's one sure way to get swine flu. Well, maybe.

OK, enough swine flu. How about some nude German hikers?

The Top 10 Sitcom Cameos Made By Other Sitcom Characters. Beware - your head may explode. Via Tubular.

Meet the teabaggers.

100 days in, eight years ago.

A feminist perspective on the first 100 days.

So, how about that Arlen Specter? Will RINO hunting cease to be fashionable among his former brethren? Or will the Freedom Tent save them?

Toby Keith acknowledges that he can hold a grudge. For some odd reason, this was considered newsworthy.

It may be possible to be stupider than Michelle Bachmann, but I don't think it's possible to be stupider than her and also be able to breathe unassisted.

Michael Steele: The First 100 Days.

Of course, by some measures, Obama's first 100 days were an abysmal failure.

Happy 90th birthday, Pete!

Congrats to Texas Monthly for the 2009 National Magazine Award for General Excellence!

TCOT fail.

You know, maybe I should start reading those software license agreements a bit more closely.

So how's that Hispanic outreach going, Republicans?

Rick Casey gives a short summary of this Texas Monthly feature article about State Rep. Allen Fletcher and his, um, colorful business partners, who are under investigation by the feds for running various kinds of ripoffs. There's no indication that Fletcher himself did anything untoward, but reading the article one can't help the impression that he was a king-sized fool to have anything to do with these people. One wonders if this will be the basis of a campaign against him next year. It would have to be a primary challenge, as HD130 is the reddest district in Harris County, but I daresay there would be no shortage of material. Read the story and see for yourself.

Another step forward.

Texas should create a long-term plan for developing a statewide passenger rail system, the state Senate decided today in the first such step in years.

The approval of Senate Bill 1382 comes at a time when the Obama Administration and several states are rapidly moving to develop rail transportation corridors to alleviate highway congestion.

Currently, no state agency has a lead role in studying passenger rail development. But state Sen. John Carona, R-Dallas, the bill's author, Corona said that under the measure the Texas Department of Transportation would assume that role -- and responsibility for studying such things as "existing and proposed passenger rail systems, analysis of potential interconnectivity and ridership projections."

"It's time to coordinate the communities that want this," Corona said.

Sen. Steve Ogden, R-Bryan, questioned whether such studies would take away from TxDOT's primary focus on building roads, and perhaps its funding for those roads.

No, said Corona, who said the agency should be focused on the mobility of Texans "not just pouring concrete for building roads."

This is interesting.

[State Rep. Dan] Branch won unanimous approval for HB 4294, which would require the Texas education commissioner to adopt a list of electronic textbooks and instructional materials from which schools could select electronic textbooks or instructional materials to purchase.

It's time that school districts allow students to use computers to access more information electronically, Branch said. It also will save money.

According to the House Research Organization bill analysis, the bill would "give school districts the ability to purchase electronic books or other instructional materials that were vetted and less expensive, rather than being forced to buy textbooks that sit in a warehouse. Around the state, warehouses are filled with unused printed textbooks due to reluctance to issue textbooks to each student for fear they might lose or damage them. When each textbook costs on average between $50 and $75, it becomes clear that the state must be smarter about the use of state dollars."

I had not heard of this bill before Saturday, and if it passed unanimously without me coming across any alarms from the education community and its supporters, I figure it must be okay, or at least innocuous. But not everyone feels that way.

Although no lawmakers protested, there is some opposition. Texas Insider Publisher Jim Cardle has asked his subscribers to call legislators. Cardle calls the bill, which has not yet cleared the Senate, "a blatant vendor bill that will allows computer companies, not textbook providers, to sell Texas low-end equipment that will become dated in two to four years."

Despite the fact that virtually every reading or math textbook your local ISD purchases these days comes with complimentary online or CD features for use in the classroom, House Bill 4294, authored by Rep. Dan Branch (R-Highland Park) and scheduled for debate tomorrow, Saturday, May 2nd , will divert state funds from textbooks to unproven instructional materials based in technological equipment.

The legislation is very clear -- The state textbook fund may be used to purchase technological equipment.

This is a bad idea -- and the majority of Texas citizens agree.

But the technology lobbyists are out in full force, trying to pressure Legislators to pass a bill forcing taxpayers to fund laptops & technology that teachers don't yet know how to use, and most children aren't familiar with.

Do laptops or technology in the classroom raise academic achievement? NO!

In January 2008 the Evaluation of the Texas Technology Immersion Pilot: Outcomes for the 3rd Year (2006-07 ) report was released (http://www.tcer.org/research/etxtip/documents/y3_etxtip_quan.pdf ), and guess what? Based on four solid years of research, There were no statistically significant effects of (technology) immersion on the TAKS Reading & Writing.Laptops on every desk did not raise student achievement in the most important education skills a student ever learns -- reading & writing.

In two polls conducted by Baselice & Associates over the last five years, 74% of Texas voters agree! We cannot replace content with technology, and the state must invest in both textbooks and computer technology.

85% of Texas voters also want textbook funding protected to ensure that money in the Permanent School Fund (PSF) is used for up-to-date math & reading textbooks, not for unproven uses like technology.

Yes, technology is changing -- fast. That's why publishers have already been developing and offering comprehensive learning systems for Texas' public schools in both print and electronic forms. Instructional materials are much more than just textbooks, and textbook publishers already offer digital versions of their products for school districts to make flexible and informed choices on classroom implementation.

Please help support the Texas Legislature spending the constitutionally dedicated PSF funds to fully fund new Reading, Language Arts & Reading textbook materials, and call the Representatives below to say we strongly oppose diverting money for purchasing technology.

HB 4294 is a blatant vendor bill that will allows computer companies, not textbook providers, to sell Texas low-end equipment that will become dated in two to four years.

Make your voices heard -- ask the Texas House to please Vote NO on H.B. 4294 today!

"It is undeniable that today's students are geared toward a technology-centered approach to learning, and allocating more resources for the purchase of hardware and software is the best way to match the delivery of content to our children's learning preferences. However, improved delivery is not a substitute for robust and relevant curriculum. If you fund technology but not content, you have nothing." -- State Rep. Donna Howard, Dist. 48, Austin , December 17, 2008, Austin American-Statesman

State Rep. Lon Burnam writes an op-ed about his resolution to impeach Judge Sharon Keller.

Last week, a group of 24 national experts on judicial ethics issued a statement that Judge Keller has consistently demonstrated a lack of impartiality in cases involving criminal defendants like [Michael] Richard that violates their constitutional right to due process of law.

Article XV of the Texas Constitution clearly establishes that the Legislature has the power and responsibility to impeach. Section 4 of that article states that an impeached official is also subject to "indictment, trial and punishment according to law." The impeachment of Judge Keller would neither pre-empt nor interfere with the commission's investigation, and the commission's investigation neither pre-empts nor interferes with impeachment.

Impeachment is a serious process reserved for only the most extreme derelictions of the duties of public office. The Texas Legislature has investigated only four state judges since the state's Constitution was adopted in 1875; Judge Keller is the fifth. The taking of human life without due process is an extreme dereliction of duty. For the most trivial of reasons -- a narrowly missed deadline -- Judge Keller callously dismissed a clearly relevant appeal to spare a man's life. That's unacceptable.

Because death penalty cases exemplify the state at the zenith of its power, those who adjudicate these decisions must be held to the highest ethical standards. That's what the impeachment of Judge Sharon Keller is about -- ensuring that those who wield power over life and death have the integrity and sound judgment necessary to make such decisions.

We cannot allow a judge with a self-declared bias against capital defendants to continue deciding execution appeals. The best way to promptly get Judge Keller off the bench is through impeachment. That would avoid an additional 18-month deliberation by the commission during which Judge Keller would continue to make life-or-death decisions.

In the meantime, Judge Keller has filed an amended financial disclosure statement, which should put to rest once and for all the idea that she can't afford to pay for her own damn attorney.

In a sworn statement filed in Austin earlier this week, Sharon Keller said she omitted more than two dozen properties, bank accounts, income sources and business directorships because her elderly father in Dallas had not told her about them.

"My father, Jack Keller, over a number of years has acquired and managed, without input from me, all of these properties," Keller wrote in a filing with the Texas Ethics Commission meant to correct the annual report she made in April 2008.

Her attorney expanded on her explanation Friday, saying that Keller, the presiding judge of the Texas Court of Criminal Appeals since 2001, misinterpreted what she had to disclose and lost track of holdings she had disclosed in earlier financial reports.

"We're not saying she is excused. She is at fault," Ed Shack said. "But she wasn't trying to deceive anybody."

Andrew Wheat, research director of Texans for Public Justice, an Austin watchdog group that filed the complaints over Keller's nondisclosures, suggested that the judge would not be swayed by others' pleas of sloppiness.

"If a defense attorney in a death penalty case before Judge Keller's court filed briefs as carelessly as Keller filed her financials, the client in question already would have been executed," he said.

In case you've ever wondered what "classic rock" will be called when the format is updated to include stuff recorded after Ronald Reagan left office, here's your answer: Quality rock.

KDBN/93.3 FM, which had aired the classic-rock "Bone" format for more than seven years, underwent a format change Monday to "93.3 FM Quality Rock." The new format sounds like a mash-up of adult-album alternative and classic-alternative formats, with familiar tracks by acts such as Red Hot Chili Peppers, Train, Counting Crows and Eric Clapton, and occasional sprinklings of less-familiar artists such as Gomez and nonwarhorse songs by the likes of Everclear, Barenaked Ladies and Beck.

The format flip followed a weekend stunt during which 93.3 played nothing but music by the Dave Matthews Band from Friday evening till 5 a.m. Monday. Dallas-Fort Worth radio fans with medium-range memories might recall that before "The Bone" launched in January 2002, the station played similar material first as "The Zone" and then as "Merge Radio."

But Jeff Catlin, the operations manager for KDBN and other Cumulus Media Dallas-Fort Worth stations, says there is a key difference between "Quality Radio" and the earlier 93.3 formats.

"The two main differences between FM 93.3 and any other station on the frequency in the past (Zone, Merge especially) is that we will be playing familiar songs and artists," Catlin said via e-mail. "All the way from classic hits and classic alternative, through the '80s and '90s up through currents from the likes of U2, Coldplay and Radiohead." The new format even dug into the '70s, with Van Morrison's 1970 hit Domino.

Anyway. I imagine the main difference will likely be the retirement of some 70s-era warhorses, to be replaced by a selection of approved songs and artists from the 90s. In commercial radio, this counts as innovation. Link via Mike McGuff, who notes that this may be coming our way to the Cumulus-owned 103.7, formerly known as Jack FM.

Because even mad scientists need love:

Somewhat surprisingly, there haven't been too many egregious attempts to assault reproductive choice this session; that may be partly because there's only so much farther the Lege can go short of an outright ban, and it may be partly because of the effort put into the "Choose Life" license plates, which was the big rallying point. One of the substantive efforts to meddle in women's health issues was Sen. Dan Patrick's ultrasound bill, which thanks to the larger Democratic caucus he was forced to amend.

Women seeking an abortion would be offered -- but not required to have -- an ultrasound under a scaled-back measure the Texas Senate tentatively approved Thursday.

The original bill by Sen. Dan Patrick, R-Houston, would have mandated the ultrasound. Patrick presented an amendment Thursday to his own bill, changing the proposal to say that the woman has to be offered the ultrasound but could say no.

He said the change helped move the measure more quickly through the Senate.

"I didn't see it weakening our bill. ... I saw it as maybe bringing more people to support it, and I think it did," Patrick said.

[...]

In many cases, women seeking abortions are already offered ultrasounds. For example, Dr. Scott Spear, medical director for Planned Parenthood in Austin, has said that all women who have an abortion there get an ultrasound and are offered the chance to see the image.

The original proposal -- touted by Gov. Rick Perry and Lt. Gov. David Dewhurst -- would have required doctors to perform the ultrasound, make the fetal heartbeat audible and talk to the woman about the picture and the sound. The women would not have been required to look at the image.

"My goal has always been to be sure that a woman going in for an abortion has all the information that she needs to make the right decision, and I think this bill accomplishes that," Patrick said of the new version.

But Sen. Wendy Davis, D-Fort Worth, told Patrick during the debate on the Senate floor, "I believe it's about shaming a woman."

UPDATE: A statement from Sen. Leticia Van de Putte about the contraception bill Sen. Patrick should have supported if he were remotely sincere about his "concern" for women is beneath the fold.

Today, the Texas Senate considered SB 592 authored by Senator Leticia Van de Putte (D-San Antonio),which allows 16 and 17 year olds who have already have one child to have access to family planning counseling and services.

Texas has the highest percentage of repeat teen births (24%) in the nation. A teen mom in Texas has a one in four chance of getting pregnant a second time before she turns 18. A sexually active teen who does not use contraceptives has a 90% chance of becoming pregnant within in a year. For teen mothers this is especially dangerous because closely spaced pregnancies result in a higher percentage of low birth weight babies that lead to higher risks of complications to the babies' long-term health and greater costs for the state of Texas.

"This legislation is about common sense. Why do we trust teen mothers to consent for the medical care of their infants but we don't let them utilize family planning services? Making it harder to get birth control does nothing to reduce sexual activity-- it only increases unplanned pregnancies.

"I am disappointed that I was unsuccessful in securing final passage of SB 592. It was an extremely close vote and I look forward to working to convince my Senate colleagues that this bill is a step towards reducing the number of repeat teen pregnancies in Texas.

"My grandmother always said, "if at first you don't succeed, try again." The teen pregnancy crisis in Texas is too important not to continue this fight.

"Let's put "common sense" back into the equation," said Senator Van de Putte.

The Chronicle makes its endorsement in District H.

An unusually well-qualified field of candidates is vying to replace former incumbent Adrian Garcia, who was elected Harris County Sheriff in November. The Chronicle believes Garcia's former council community liaison, 18-year Houston police veteran and sergeant Ed Gonzalez, is the best choice to represent District H.

Gonzalez is a native Houstonian and lives in Lindale Park with his family. He boasts a strong history of civic involvement in the district and currently chairs the crime and public safety committee of the Houston Heights Association.

"District H needs effective representation from day one," Gonzalez told the Chronicle editorial board during a candidate screening. "I've been there. I've worked with the different community leaders and civic organizations." Gonzalez, whose police experience includes gang murder investigations and hostage negotiation, organized a community town hall to deal with a rash of home burglaries in the district. As council liaison he also has worked with neighborhood leaders on health, transportation and other issues.

Gonzalez has been endorsed by an impressive group of elected officials and organizations. He has the support of Sheriff Garcia, Constable Victor Trevino, Harris County Commissioner Sylvia Garcia, Congressman Gene Green and state Reps. Ana Hernandez and Armando Walle.

His experience and dedication to improving Houston's quality of life make Gonzalez an excellent choice to serve as District H councilmember. The Chronicle urges voters to go to the polls next Saturday and cast ballots in what is expected to be a very low-turnout election.

I said previously that I thought the prospects for HB2094, the bill to allow microbreweries to sell some of their product on site, were dim. I don't want to give any false hope, but it's possible I was too pessimistic.

With just a month remaining before lawmakers adjourn, the bill remains bottled up in the same House committee where a similar measure died in 2007. The chairman of that committee on Thursday gave the bill a "50-50" chance of making it out in time to get scheduled for a vote by the end of the session.

"I will look at it and see what the will of the committee is," said state Rep. Edmund Kuempel, R-Seguin, who chairs the nine-member Licensing & Administrative Procedures Committee. He explained that if four other members agree to support the bill, he would vote to move it along as well.

"I would not hold it in committee," Kuempel said.

However, no vote on the bill was scheduled by late Thursday, and time is running short. The bill would have to be out and cleared by the Calendars Committee by May 14 if it is to have any chance before the session ends June 1.

State Rep. Jessica Farrar, D-Houston, who sponsored the legislation in 2007 and again this year, said she has the necessary four votes and late in the day got a commitment from Kuempel. She said he was scheduling the vote.

She said the bill appears to have encountered stiff opposition "behind the scenes."

Earlier Thursday, Licensing committee member Charles Geren, R-Fort Worth, recalled there was opposition when the bill was introduced for discussion, but he said he did not remember where it came from. He said he would "probably vote for" Farrar's bill but referred questions about its status to Kuempel.

I've been a fan of freshman State Sen. Wendy Davis since I interviewed her last year at the state Democratic convention. You could tell she was smart and ambitious, and if given the chance could really go places. I've been happy with her actions so far in her first session - as this nice profile note, she has not been timid about making noise and getting stuff done. She's also duly impressed her colleagues:

Senators in both parties, as well as outside analysts, describe the Harvard-educated lawyer as an energetic hard worker who meticulously researches the issues and displays an independent streak. Sen. John Carona, R-Dallas, chairman of the Transportation and Homeland Security Committee on which Davis serves, is a big admirer, saying she is on track to become "one of the Senate's very top leaders in a very short period of time."

"I've been here 20 years," he said. "She appears to me to be one of the brightest and most capable freshmen I've seen to date."

Davis, 45, works closely with Republicans Sens. Jane Nelson of Flower Mound and Chris Harris of Arlington, the two other senators who represent parts of Tarrant County, although she and Nelson split on a major transportation funding bill backed by North Texas political leaders. Davis, who was heavily involved in transportation on the Fort Worth council, has been a leading advocate of the funding bill while Nelson has opposed it.

In addition to Carona, Davis says her other mentors in the Senate are Democrats Kirk Watson of Austin, Eliot Shapleigh of El Paso and Rodney Ellis of Houston.

"If you look at the agenda that they pursue, they're very much in keeping with what I believe is important," she said in taking stock of her record with five weeks left in the session. "If I could put a label on the agenda I brought here, I'd call it a populist agenda. . . . I feel good that we've advanced the discussion on some important issues, and we've had some success already."

My favorite bit in the story has to be this:

Since January, [Davis] has been a dependable Democratic vote on some of the chamber's more divisive issues, prompting at least one ardent conservative to long for the days when a Republican held the seat.

"Obviously, we have subtracted one vote from the right, and now have one vote on the left on those key issues that separate our parties," said Sen. Dan Patrick, R-Houston. As a result, Patrick says, he has been unable to bring up his "informed consent" bill that would require women getting an abortion to undergo an ultrasound. "Not having a Brimer here has cost me an important vote," Patrick said.

Interesting article about the interplay between comic strip writers and the online community that blogs about/obsesses over/critiques them. One interesting bit:

"People tend to react more to complain than to compliment," agreed Francesco Marciuliano, the writer for Sally Forth.

Marciuliano took over the reins of Sally Forth in 1999 when creator Greg Howard retired. At first, he concentrated on keeping true to the original tone of Howard's strip, but soon found that readers were posting unhappy comments on Internet comics forums. Listening to online critics made Marciuliano realize that many of the elements that set the strip apart when it debuted in 1982 no longer spoke to a modern audience. Sally Forth had been created to show that a happy household could function with two working parents, but this once novel concept no longer impressed younger readers.

"I started contacting people on forums and I found a lot of people who were saying about Sally Forth, 'This strip is a dinosaur,' " he said.

Marciuliano embarked on a campaign to reach out to the comic's critics in online forums. Most were surprised to hear from the cartoonist himself -- and even more surprised to find that many of their ideas about the strip's writer were off-base. Most assumed that Marciuliano was a humorless retiree more concerned with playing golf than writing gags.

Congrats to former State Rep. Juan Garcia on his new gig.

The White House issued a news release announcing Juan Garcia, Obama's former law school classmate and one-term Texas House member, will be nominated to be Assistant Secretary of the Navy (Manpower and Reserve Affairs).

Obama said of the slate of administration nominees announced along with Garcia:

"These fine public servants are welcome additions to my team as we work to put America on a path towards prosperity and keep our nation safe. I am honored they will be joining my administration and look forward to working with them in the months and years ahead."

I had a brief conversation with Rep. Lon Burnam about HR480, the House resolution to impeach Court of Criminal Appeals Presiding Judge Sharon Keller, which had a hearing on Monday. He's working on getting enough support in the House Committee on Judiciary and Civil Jurisprudence to get it voted out of committee and brought to the floor of the House for a vote; he's also talking to Members and answering their questions about this arcane and seldom-used procedure, and securing their support for an eventual vote. If the Jurisprudence committee does not vote HR480 out, Burnam can and will bring it to the floor on a personal privilege motion. So one way or another we will see a House vote on this.

Because of the nature of this kind of resolution, the only deadline Burnam faces is sine die on June 1. Only the House must take action for impeachment to move forward. What HR480 does is authorize the creation of a select committee on impeachment, which would be chosen by Speaker Straus and which would meet in the summer to investigate the charges and potentially refer articles of impeachment back to the full House for another vote. The House would then convene for that vote, and if they accept the articles of impeachment, the matter then passes to the Senate for a trial. A two-thirds vote in the Senate would be required for a conviction, with the penalties including removal from the bench and a ban on holding public office in the future.

Rep. Burnam's office sent me the 1975 Select Committee on Impeachment report (PDF), which was the last time a resolution was brought forth to impeach an officeholder, in that case a district judge in Duval County, and which makes for some interesting reading. The Committee, whose members included former Speaker Pete Laney, Sarah Weddington, and still serving Rep. Senfronia Thompson, likened the role of the House to that of a grand jury, offering no judgment on the guilt or innocence of the accused or exploration of possible mitigating factors; that was left for the Senate, which was the trial court. They were there to determine if there was cause for further action.

One other point of interest is that the impeachment resolution of 1975 was brought to the floor by a privileged motion. Rep. Burnam is taking the longer way by having this go through the normal committee process, though as noted he can still go the privileged motion route if need be.

Finally, a Random Ten based on a shuffle of every song in the collection, not just a slimmed-down-to-fit-on-a-Mini playlist. What will the new much-bigger-than-a-Mini Touch give us?

1. The Mosstrooper's Lament - SixMileBridge
2. Jim Malcolm - Losin' Auld Reekie
3. Steamsville - Trinity University Jazz Band
4. Jim and Jack - Carolyn Wonderland & The Imperial Monkeys
5. Gobbledigook - Sigur Ros
6. The Star Spangled Banner - Eddie from Ohio
7. Split Decision - Steve Winwood
8. Be Bop I Love You - The Bobs
9. Johnny I Hardly Knew Ye - Ceili's Muse
10. Worlds Apart - Bruce Springsteen

I should add that the song that came on next was "The Will", by Maggie Drennon, who was the lead singer for both SixMileBridge and Ceili's Muse. I think the new Touch is trying to tell me something. What's your iPod telling you this week?

Not a whole lot of people have voted in the District H special election so far. You can see the daily totals here (PDF). Through Wednesday, a grand total of 832 in-person and mail ballots have been cast. I think it's safe to say that there are no lines at any of the early voting locations.

There's an interesting discussion on my Facebook page about turnout projections for this race. My back-of-the-envelope math is as follows: When I did my precinct analysis of City Council districts for the 2008 election, I calculated that approximately 7.75% of the total City of Houston vote came from District H. In the 2007 special election for At Large #3, there were 34,274 votes cast (PDF) citywide. Assuming a similar proportion, you get a final turnout of 2,656. Bert Levine suggested a range of 2,400 to 3,000 in that Facebook discussion, using the 2007 election as a guide, and I think that's dead on.

Needless to say, that means every vote counts. You have to figure that in a nine-candidate race, a 25% showing gets you to the runoff. Twenty percent is probably enough, but for sure twenty-five will do it. That means something like 600 or 700 votes is all you need. A candidate could conceivably do that just with people they and their volunteers know personally It doesn't get any more basic than that.

I have been asked numerous times who I am supporting in this race. The answer is that even after all this time, I still haven't made up my mind. While there are a number of good candidates in this race, it comes down to a choice between Maverick Welsh and Ed Gonzalez for me. They're the closest to my views on the issues, and I think either of them would do an outstanding job. I'll say who I'm voting for when I figure it out for myself. In the meantime, if you live in H, I hope you'll make up your own mind and cast a vote. You may never have such a great effect on a race again. Well, at least not till the runoff.

This may be the most awesome thing of this election season.

The Houston Politics blog will go to the ends of the mirth to bring you political news from the edge.

This explains why we were in the wings of the stage tonight at the downtown House of Blues to witness the jarring reality of George Clinton endorsing Councilman Peter Brown for mayor of Houston.

George Clinton? Brother of Bill, maybe? Not at all. George Clinton is a longtime international star of a genre of music called funk. He tours year after year after year with two of his bands, Parliament and Funkadelic. His live shows look like an intergalactic Mardi Gras parade; his electrified Afro party music is set to a gutbucket drum-and-bass beat that rattles your duodenum. James Brown was the Godfather of Soul; Clinton (that's him in the photo with Brown above and below) is known as the Godfather of Funk. Or Uncle Funky.

Kathryn Griffin Townsend, who has gone on tour as a member of Clinton's ever-changing entourage, is a Brown campaign staffer who introduced Clinton and Brown to each other years ago. With her as the go-between, Brown ended up front and center on stage in front of a sweaty, raucous crowd, high-fiving with Clinton as band members held "Peter Brown For Mayor" signs aloft while they pumped up the funk.

One of Parliament/Funkadelic's announcers then intoned: "There is no message in this show. I repeat: There is no message in this show. Are you ready for more insanity?"

"Yeessssss," the crowd answered.

Well, the SBOE may be doing its best to destroy public education in Texas, but the Lege took a step forward to make it better by passing omnibus school reform bills in each chamber.

Crafted by the education leaders in the Senate and House of Representatives, the bills aim to reduce the role of standardized tests, give schools more flexibility to help struggling students and focus education on readying students for college or the workplace.

Gone are many of the school reforms ushered in by then-Gov. George W. Bush, such as a prohibition on promoting a student to the next grade if he or she failed to pass the Texas Assessment of Knowledge and Skills.

That promotion decision will now be left to the school and parents.

[House Public Education Committee Chairman Rob Eissler, R-The Woodlands] said the overhaul will end the one-size-fits-all approach of the current system and allow for schools to be judged on more than just performance on a single test.

Care to guess who is the biggest requestor of federal disaster relief funds since 2001? Why, none other than Governor Rick "Secession 4 Eva!" Perry, that's who.

According to FEMA's website, Texas has been the site of 13 "major disaster declarations" since Perry took office following George W. Bush's departure in 2001. That includes five instances of severe storms and flooding, two tropical storms, one "extreme wildfire threat," and Hurricanes Claudette, Rita, Dolly, and Ike. (Texas received significant federal assistance following Hurricane Katrina, but it did not appear on FEMA's website in the "major disaster declaration" category.)

David Riedman, a public information specialist at FEMA, explained to me that a major disaster declaration is issued when a governor "determines the state's resources are overrun." From that point forward, the federal government, under federal law, is required to reimburse the state for at least 75 percent of the cost of recovery. Help is primarily targeted at rebuilding roads and bridges, debris removal, and reparing damage to public buildings. In the relief efforts that are still under way from the damage done by Hurricane Ike, the federal government is reimbursing Texas for 100 percent of all expenses, according to Riedman.

In fact, since FEMA's record-keeping began, Texas has received federal disaster assistance more times than any other state.

By the way, even Sarah Palin is accepting stimulus funds for unemployment insurance. It's just so hard to remain pure these days, isn't it?

Now that the oyster menace has finally been resolved, the Legislature can finally turn its attention to the wave of goat-related crimes now sweeping the state. It's days like this that make me realize just how much I enjoy blogging about the legislative sessions.