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Weekend link dump for February 12

Happy 203rd birthday, Abe Lincoln! You don’t look a day over 200.

The Off the Kuff Facebook page needs three Likes to get to 200. Can you help?

TV networks do all kinds of shady things to boost ratings.

How to determine your global location with a sundial.

“Most of Facebook Inc. (FB)’s more than 800 million users are women. You wouldn’t know it from looking at the board, whose seven directors are all men.”

Why Occupy and the Civil Rights movement are not the same.

Zoos have had to tighten security against poachers.

New England winning the Super Bowl coin toss broke a 14-game streak for the NFC, which is a 3.8-sigma anomaly.

Why Reaganomics is not the answer to our current problems.

“So on the subject of contraception, the Catholic bishops are reduced to telling their “followers” not to listen to their conscience. How is that a position of moral authority?”

In case you were wondering what the hot woman from the Fiat ad was saying. And no, it wasn’t “Fix it again, Tony!”

The real Obama swing voters are disproportionately young, female, and secular.

RIP, Roger Boisjoly, the man who tried unsuccessfully to stop the launch of the doomed space shuttle Challenger.

What are the alternatives to Komen doing with the opportunity they’ve been given?

Want your football team to win the Super Bowl? Get your state to approve marriage equality.

Seems to me the NFL might consider tweaking the rules about late-game defensive penalties to restore time on the clock to prevent gamesmanship.

It’s Wall Street that needs to apologize, not us.

If Miley Cyrus has the guts to speak out in favor of marriage equality, what’s any politician’s excuse?

Do you want to read a nice smackdown of Charles Murray? Of course you do.

RIP, Florence Green, the last surviving veteran of World War I.

“Make no mistake: we’ve not heard the last of Karen Handel. And when she surfaces to tell her story, people should remember: she’s not the victim, she’s a sophisticated political operator who may have gotten exactly what she wants.”

That “Gulf of America” bill you’ve been hearing about was a joke, which I admit I fell for. Hey, these days it’s really hard to tell.

“So let’s be clear. No matter what the other side says, this debate isn’t about religious freedom; it’s about whether your boss, any boss, can decide whether his employees get a health plan that covers contraception.”

Do these have a passenger side option?

You never know how Linsanity will affect some people.

Posted in: Blog stuff.

The Long-Range Financial Management Task Force report is out

A little light reading for your Sunday. The report generated criticism before the figurative ink was dry on it.

Union leaders criticized the report before it was even delivered to the mayor, with Houston Organization of Public Employees President Melvin Hughes declaring the report an attack on employees.

“It’s not about balancing the budget,” Hughes said. “It’s about stripping workers of their voice – not only their voice, but their wages.”

The six union and pension representatives on the 16-member task force released a dissenting report proposing the city refinance debt, end redevelopment zones and pay some city employees with drainage fee money to ease pressure on the general fund.

Though I’ve heard about some of the ideas that HOPE has proposed, I have not seen an actual report from them. I still think there’s been a disproportionate amount of talk about pensions and not nearly enough about growth strategies, optimizing tax revenue, and health care costs. Since economic forecasts are usually wrong, the broader our plans are for dealing with these issues, the better off we’ll be. In any event, now the report is out, so we can stop speculating about it and instead engage more fully in arguing about it. Houston Politics has more.

Posted in: Local politics.

First Metro HOV toll lane opens tomorrow

Enjoy your new option, Gulf Freeway commuters.

I-45 HOV toll lane

Metro is set to debut its first high-occupancy toll lanes on the Gulf Freeway between Dixie Farm Road and Dowling Street on Monday.

This arrangement allows solo drivers to use high-occupancy vehicle, or HOV, lanes for a price at certain times of the day. Tolls vary between $1 and $4.50 by a set schedule.

The so-called HOT lanes will be unavailable during heavy traffic times, Metropolitan Transit Authority officials said.

For the Gulf Freeway corridor, the inbound HOV will be closed to solo drivers from 7 a.m. to 8 a.m. For the afternoon rush, the same restriction will apply to the outbound HOV from 4 p.m. to 6 p.m.

See here for some background, and here for the full map and schedules. I hope Metro makes a nice little bit of money from this.

Posted in: Planes, Trains, and Automobiles.

Keep that rain coming

The recent rain has been great for mitigating the drought, but we still have a long way to go.

During the last week an arc of Texas beset by a historic drought for a year – stretching from San Antonio to Austin to Bryan to Houston – received between 2 and 6 inches of rain, capping a fairly wet three-month period.

Indeed, during the last 90 days, as a very dry pattern gave way to regular rain systems, Harris County has received about 125 to 150 percent of its normal rainfall level.

“Progress is being made,” against the drought said John Nieslen-Gammon, a Texas A&M University atmospheric scientist who is the state climatologist.

With an average of 15 inches across Harris County during the last three months – nearly equal to the total rain that fell in Houston in all of 2011 – the drought’s effect on agriculture has largely been eliminated, he said. What remains now is filling up reservoirs, aquifers and increasing the moisture levels of deep soils.

A couple of weeks ago I noted that Harris County was no longer in “exceptional” drought status. Our situation has improved since then. Here’s what the drought map for Texas looks like now:

Looking better, but still not good

If you compare it to the map I displayed in that previous post, you can see that Harris County is now almost entirely out of Extreme drought and now is merely in Severe drought. And now almost five percent of the state, all up north, is completely drought-free. On the dark side, the share of the state in Exceptional drought status has creeped up a bit; looks like things are getting worse down in South Texas. Overall it’s better, but we’re a long way from celebrating anything.

This winter has defied the expectations of forecasters, who expected the influence of the La Niña climate pattern in the equatorial Pacific Ocean to limit Texas rainfall as it did last winter.

Forecasters still believe the balance of winter and spring will be drier, and forecasters with the National Oceanic and Atmospheric Administration say through May, the odds of below normal precipitation are two to three times greater than those for above normal.

Just because we’re currently headed in the right direction doesn’t mean we will continue to do so. All we can do is hope. SciGuy has more.

Posted in: The great state of Texas.

The “Crazy College of Qatar”

As you may know, Houston Community College opened a satellite campus in Doha, Qatar, a couple of years ago. Apparently there have been a few bumps in the road along the way.

HCC Qatar West Bay Campus

The dean chosen by the Qatari government was replaced in November by a veteran HCC employee, Butch Herrod, as part of an administrative overhaul. Enrollment has reached 750 students, less than two years after HCC signed an agreement with the Qatari government to create that nation’s first community college.

But students have not received HCC credits for their classes there – a cornerstone of the promises made when the partnership was announced – and for now it appears unlikely their coursework will transfer to the six U.S. universities with operations in Qatar. After months of student protests, a deal signed last month will allow graduates of the new community college to enroll in Qatar University.

Things were so bad last spring an HCC administrator in Qatar wrote HCC Chancellor Mary Spangler that Community College of Qatar, or CCQ, had become known as “the Crazy College of Qatar.”

From the beginning, Spangler said the Qatar contract was a way to earn money as state funding dropped and property tax revenues remained flat. HCC records indicate the college has collected $640,034 from the deal; it projects a profit of $4.6 million by 2015, slightly more than expected.

Deputy Chancellor Art Tyler said in a recent interview that things now are running smoothly, and that misunderstandings are unavoidable in any international operation.

“The world is not exactly flat,” he said. “It may have gotten smaller over the years, thanks to technology, but when you’re dealing with people, with communities, you can’t know everything.”

There’s more here. I included that bit about the profit HCC expects to make from this deal because I’m sure you’re wondering why they would open a campus overseas like that. I know I discussed it in my interview with new Trustee Carroll Robinson. Anyway, my take on this is that part of the problem was the usual growing pains with any new operation, part was the dean that has since been replaced, and part was attributable to cultural differences. If they can get the issue of being able to transfer credits resolved, then this venture can be judged a success. If not, it’s a failure and there will be some embarrassing questions to answer.

Posted in: Around the world.

Saturday video break: Easy

Song #82 on the Popdose Top 100 Covers list is “Easy”, originally by The Commodores, and covered by Faith No More. Here’s the original:

Yeah, not so much for me. I’m one of those people who thinks of that old “Bloom County” strip whenever I’m reminded of Lionel Richie. Let’s see if Faith No More can do anything with this for me.

Eh. Still not really my thing, but the video amused me. I did find a version of this song that I liked, by Jerry Lawson and Talk Of The Town:

So there you have it. What do you think?

Posted in: Music.

HISD Board renews Grier’s contract

It was not unanimous.

Terry Grier

The Houston school board on Thursday extended Superintendent Terry Grier’s contract through June 2014 in a split vote that signaled the controversial chief has bridges to build with the newer trustees.

The five trustees who were on the board that hired Grier in 2009 supported the extension, expressing their confidence in his leadership and the gains in student achievement. Three trustees elected after Grier’s appointment abstained from the vote, while another newer trustee opposed the deal.

Trustee Harvin Moore, who made the motion for the two-year extension, acknowledged that Grier and the board need to improve, particularly in listening and in rolling out changes.

“He did well on his performance review, but he didn’t get perfect marks,” Moore said.

Trustee Anna Eastman, the lone trustee to vote against the extension, said she knows Grier is passionate, but she is concerned about the mood in the Houston Independent School District.

“I fear the culture of this organization is struggling,” she said. “And I worry that these gains will (not) be sustainable.”

Eastman later added, “I will be available for a big fat ‘I told you so’ if it’s warranted.”

Trustees Mike Lunceford, Rhonda Skillern-Jones and Juliet Stipeche abstained from the vote.

As Campos and Stace have observed, this isn’t exactly an overwhelming vote of confidence in Grier. A handful of votes go the other way in the Rodriguez-Fonseca election, who knows what might have happened. For what it’s worth, I think Grier has done enough to warrant an extension, but he’s also done enough to have been denied that extension. I hope he puts some thought – and action – into the reasons for that.

On a side note, prior to the Board meeting Texas Watchdog ran a report saying that the vote on Grier’s contract was illegal, according to a lawyer specializing in open government. They subsequently took that down with the explanation that said attorney had revised his opinion. The Examiner explains:

The attorney quoted in a Texas Watchdog article as saying a probable vote by HISD trustees to extend Superintendent Terry Grier’s contract would be “illegal,” said he was not accurately informed about the agenda item and that such a vote “would withstand a legal challenge.”

“This is not a question of legality and criminal law,” Joel White, an expert in law pertaining to open meetings and records, told the Examiner. “This is a question about whether an item was adequately posted.”

The reporter for Texas Watchdog, a nonprofit investigative news agency whose HISD coverage is utilized by the Examiners, did not provide him with a written copy of the HISD board agenda and left out critical wording when explaining it to him verbally, White said.

The attorney called HISD’s attorney, David Thompson, “a good lawyer, and they’re going to have to trust what he tells them.”

Although White said he found the wording “slightly problematic,” he said he had conversed with Thompson Thursday and “saw and heard nothing that would rise to the level of a legal challenge.” State open meetings laws require that agendas be posted 72 hours in advance of a public meeting and outline circumstances for employee matters to be discussed in closed executive session.

Glad we got that cleared up. I can only imagine what kind of fuss there would be now if that allegation were being pressed. Hair Balls has more.

Posted in: School days.

2013 NBA All Star Game officially awarded to Houston

Yay, us!

Source: Chron.com

Seven years after last hosting, NBA commissioner David Stern announced Wednesday that the All-Star Game and weeklong festivities will return to Houston in 2013 at Toyota Center.

“Houston is a spectacular sports city, and for one week it will be the basketball capital of the world,” said Stern, who made the announcement, attended by city leaders and nearly a dozen former Rockets players, during a news conference at Toyota Center. “I want to thank the city and the Rockets for welcoming us once again.”

The three-day event will be held Feb. 15-17. Among the events planned are the NBA Rising Stars Challenge and NBA All-Star Saturday night, which features the 3-point shooting contest and popular slam-dunk contest.

The NBA All-Star Jam Session, an interactive fan experience, will begin earlier in the week a few blocks away at the George R. Brown Convention Center.

An estimated 200,000 fans are expected to attend the three-day event, Rockets and NBA officials said.

It should be noted that Houston was reported to be in line for the 2013 game last August, but as that was during the lockout it wasn’t made official. Now it is, so go ahead and book those plane tickets.

You know what’s coming next, right?

City officials estimate that the economic impact on the region could be $100 million.

It always gives me a warm feeling inside to read an economic impact estimate for a sporting event. I note that the story from August said that the 2006 All Star Game had “an estimated economic impact between $80 million to $90 million”, which compares quite favorably to the NBA’s before-game estimate of a “total economic impact up to $79.6 million”. Not that we have any actual, after-the-fact data to back any of it up, but I think I’m mostly over that by now.

Posted in: Other sports.

Meet the new rail debate, same as the old rail debate

I feel like I’ve heard all this before.

Opponents of the planned downtown streetcar system said Tuesday that county officials broke a promise with voters when they agreed to use advanced transportation district funds to help fund the project.

The group contends that multiple pieces of campaign literature used to promote the ATD tax in 2004 explicitly stated the money would not go toward light rail or toll roads.

A streetcar, they said, is light rail by another name.

“I think the average person would say this is light rail,” said Jeff Judson, an Olmos Park city councilman, senior fellow with the Heartland Institute and former president of the Texas Public Policy Network, a conservative think tank that played a large role in the defeat of a 2000 tax increase that would have funded a 53-mile light rail system here.

[...]

A 2004 VIA campaign brochure, labeled “Keep San Antonio in Motion!” explained why voters should approve a ¼-cent sales tax increase to fund creation of the ATD, which would pay for transportation projects for VIA, the city and the Texas Department of Transportation.

It also included a note, in bold, italic type that “these funds would not be used for light rail or for projects on toll roads.”

The actual ballot included no reference to light rail or anything that would preclude the money from being applied to rail.

Michael Dennis, a retired lawyer working with the anti-streetcar coalition, said the brochure qualifies as part of a “contract with the voters” doctrine, which includes whatever voters think they are approving even if it wasn’t on the ballot itself.

“That is a binding contract that can be enforced,” Dennis said.

So an anti-rail group is claiming that a referendum didn’t say what it said but did say what they say it said. Yep, I was right, I have heard this before. That means the next step will be to demand a re-vote, and another re-vote after that if the result is unfavorable. My advice to Nelson Wolff and the folks at VIA is to stock up on the ibuprofin. You’re going to need it.

Posted in: Planes, Trains, and Automobiles.

Friday random ten: Songs for an unromantic Valentine’s Day

There are many songs to express one’s romantic feelings for one’s partner on Valentine’s Day and to help put one’s partner in the mood for love. These are not ten of those songs.

1. If You Want Me To Love You – Asylum Street Spankers
2. All Lovers Are Deranged – David Gilmour
3. Ant In Alaska – Liz Phair
4. I Hold Your Hand In Mine – Tom Lehrer
5. Big Bottom – Paul and Storm
6. Bloody Mother F**king Asshole – Martha Wainwright
7. Lyin’ Ass Bitch – Fishbone
8. I’m So Sick Of You – Weird Al Yankovic
9. Shorty’s Gal – Austin Lounge Lizards
10. Serves You Right To Suffer – John Lee Hooker

“Big Bottom” is a cover of the Spinal Tap classic. Weird Al, of course, has many unromantic songs in his repertoire. “Shorty’s Gal” is basically a recasting of the well-loathed Bobby Goldsboro classic “Honey” to make the relationship between a “professional gal” as they put it in the intro and her customer. As for “If You Want Me To Love You”, well, I’ll let the song speak for itself:

Now isn’t that sweet? Happy Valentine’s Day. Please don’t dedicate any of these songs to your loved one.

Posted in: Music.

Council agrees to red light camera settlement

At long last.

Gone

City Council approved a payout of at least $4.8 million Wednesday to settle a lawsuit and take down Houston’s controversial red-light cameras, finally ending a legal battle that began after voters banned the devices in a referendum 15 months ago.

The cameras were turned off and outlawed by council in August but have remained mounted at 50 intersections while the city’s camera vendor pursued breach of contract claims in federal court.

The settlement calls for the cameras to be taken down within 60 days.

[...]

Council members C.O. Bradford, Helena Brown, Jack Christie and Mike Sullivan voted against the settlement.

The city has about $3 million in hand from fines paid by red-light violators. It is counting on future collections to raise the rest of the money within three years.

“The people who are going to pay the money are not the innocent taxpayers. It’s going to be the red-light runners,” said Andy Taylor, an attorney for ATS.

If the city cannot collect enough money from violators, it must cover the shortfall with general fund money that pays police officers and firefighters. Christie said he could not support a deal backed with general fund money.

“I would not give my house as collateral, and that’s what we’re doing,” Christie said.

“I do not believe that we will touch general funds, but it is part of the settlement package,” Mayor Annise Parker said.

See here for previous discussion. Basically, it’s up to the efforts of the fine collectors to ensure that the city doesn’t end up using general fund revenue. Note that the Accounts Receivable report that I blogged about the other day doesn’t discuss red light camera fines, which makes sense since those are aimed for that escrow account.

The other issue in all this was the dismissal of the lawsuit, originally brought by the city to determine its liability, in which the referendum election on the cameras was declared by federal judge Lynn Hughes to have been illegal. Camera opponents did not want the suit to be dismissed.

Hughes last June declared the election invalid because the petition signatures to repeal the camera ordinance were not submitted as required within a month of the ordinance’s passage in 2005. The Kuboshes’ attorney, David Furlow, asked Hughes to keep the case open to litigate the question of the election’s legality or to simply admit he was wrong last June and reverse his ruling as part of the case’s dismissal.

Dismissing the case throws out the ruling that the election was invalid. So Hughes questioned why the Kuboshes want to debate what would be a moot point. Their time and resources are better spent fighting against a live transgression, he hinted.

“Why don’t you wait until the city does something crazy?” Hughes asked. “It won’t be long.”

The problem, Furlow said after the hearing, is that the ruling that the election is invalid, even if thrown out in a dismissal, is there for other cities in the future to build a case if they want to throw out the will of the voters. Getting Hughes to say he was wrong is the closest thing the Kuboshes can get to putting the genie back in the bottle, or as American Traffic Solutions attorney Andy Taylor put it, to “unpop the popcorn.”

Taylor said that if the case is dismissed and the settlement is approved, everybody wins: the cameras get taken down, the lawsuit ends, the settlement is paid by red-light runners and the ruling that the election was invalid is declared moot.

But in that case, ATS really wins, Furlow said, because it gets the money and the unrefuted ruling that the election to oust ATS was illegal.

“They want to set a scalp on a lodgepole so they can scare anyone else who might challenge their red-light camera contracts,” Furlow said after the hearing.

According to the story, the Kuboshes are deciding whether to appeal the dismissal, so in that sense this still isn’t over. As I said before, if we want to fight about the issue of how long you have to repeal an ordinance by referendum, we should do that by amending the charter. I don’t think they’ll get anywhere in court on this, but as always with judges, you never know.

Posted in: Planes, Trains, and Automobiles.

Environmental report card for Congressional Texas

From the Inbox:

The Texas League of Conservation Voters highlighted Texas’ leadership and failures on national environmental issues, based on today’s release of the League of Conservation Voters 2011 National Environmental Scorecard.

The 2011 National Environmental Scorecard grades Congress’ work as the ‘most anti-environmental session of the U.S. House of Representatives in history.’

“We’re fortunate to have a great champion for the environment in Rep. Lloyd Doggett (D-Austin). Sadly, the same cannot be said for Rep. Cuellar (D-Laredo) who far too often sided against the environment and against public health.  His votes on global warming, pesticide pollution and offshore drilling safety placed Rep. Cuellar much more in line with the Republican House majority and corporate polluters than for the constituents who elected him,” said David Weinberg, Executive Director of the Texas League of Conservation Voters.

The 2011 National Environmental Scorecard includes 11 Senate and a record 35 House votes on issues ranging from public health protections to clean energy to land and wildlife conservation.

This year, 31 senators earned a perfect 100 percent score, while in the House 24 members earned a perfect 100 percent score.  Rep. Doggett notched the highest score in the Texas delegation with 97 percent.  Rep. Cuellar earned the lowest score among the Texas Democratic delegation with 51 percent.  The average Texas House Republican score was 7 percent.

In the Senate, 13 senators earned an appalling 0 percent score, while in the House four members earned a 0 percent score. The Texas Senate delegation rounded out the bottom of the barrel among Senate delegations by state with an abysmal 9 percent score; only four other states’ Senate delegation scored lower.

For over 40 years, the National Environmental Scorecard issued by LCV has been the nationally accepted yardstick used to rate members of Congress on environmental, public health and energy issues. The full 2011 National Environmental Scorecard can be found at www.lcv.org/scorecard.

The Texas League of Conservation Voters issues its own scorecard on state lawmakers. Its 2011 scorecard can be found online at www.tlcv.org/scorecards.

The scorecard itself can be found here. In fairness to Rep. Cuellar, his 2011 score was an 88, though his lifetime mark of 57 is the lowest among the Democrats from Texas. It must also be noted that 20 of the 23 Texas Republicans in Congress scored lower than 10. The great irony is that one of the three Congressional Rs to score above 10% was none other than Smokey Joe Barton. He, along with Reps. Kay Granger and Bill Flores, achieved the lofty score of 11% by voting correctly on four of the 35 bills the LCV tracked. I never thought I’d see the day when Smokey Joe would be the greenest Republican in Texas. Anyway, go read the report to see what the bills of interest were and who did what. Forrest Wilder has more.

Posted in: Show Business for Ugly People.

Memphis to Big East

It’s what they’ve always wanted.

At long last, Memphis is part of the Big East.

The Tigers officially accepted an invitation to be part of the conference’s next incarnation in 2013, the conference said Wednesday. Memphis is the seventh school, and fourth from Conference USA, to sign up for future membership in the Big East since December. The Tigers will compete in the Big East in all sports.

Memphis has been trying to upgrade its conference affiliation for years, and the Big East was always the most likely landing spot. The Tigers were snubbed during the Big East’s last massive expansion in 2005 and lost a longtime rivalry with Louisville in the process.

Now with the Big East rebuilding again and eventually in need replacements for West Virginia, Pittsburgh and Syracuse, there was finally room for Memphis.

[...]

Memphis gives the Big East 11 football teams committed for the 2013 season, still one short of the 12 needed under NCAA rules to hold a conference championship game — though the league could ask the NCAA for a waiver to play a title game with less than 12 teams. Plus, there’s no guarantee some of the holdovers, such as Louisville, Rutgers and Connecticut, won’t jump at the chance to join another league if the opportunity comes up.

And it’s still unclear when West Virginia, Pitt and Syracuse will leave. Big East bylaws require a 27-month notification period for schools that want to leave and commissioner John Marinatto has said he intends to make the departing schools honor that. West Virginia has filed a lawsuit to begin competing in the Big 12 in the fall. The Big East has countersued and Pitt and Syracuse are watching the cases closely as it could determine when they start playing in the Atlantic Coast Conference.

It’s possible the Big East could have 14 football teams and 20 basketball teams in 2013.

Good luck planning the 2013 schedule. I kind of suspect that the current litigation will reach a settlement of some kind before then. Be that as it may, I don’t think this changes that much. The Big East is still an odd, geographically-disparate assortment of schools that is now stronger in basketball but not football.

As for the conference Memphis is leaving behind, the pending CUSA/MWC merger is still on.

Conference USA’s board of directors will meet later this week to discuss the possibility of a full-scale merger with the Mountain West Conference, according to a source with knowledge of the situation.

The prospect of a merger was already on the meeting agenda, even before C-USA member Memphis was on the verge of joining the Big East, the source said.

[...]

In the past year, C-USA members Houston, SMU and Central Florida accepted invitations to join the Big East in 2013-14.

That, along with Memphis’ pending departure, would leave C-USA with eight members: Southern Miss, Tulsa, Marshall, Rice, UAB, Tulane, East Carolina and UTEP.

The Mountain West is adding Nevada and Fresno State from the Western Athletic Conference for all sports and Hawaii in football. But the MWC is losing San Diego State to the Big East in football and the Big West for all other sports; Boise State to the Big East in football and the WAC in other sports; and TCU to the Big 12.

That means in 2013-14, the MWC would have eight football members, including Hawaii, and seven in all sports: UNLV, New Mexico, Wyoming, Colorado State, Air Force, Fresno State and Nevada.

A merger between C-USA and the MWC could consist of a conference with its current 2013-14 membership of 15 in all sports and 16 in football.

I want to point out that ten of those schools – Rice, Tulsa, UTEP, and all of the MWC schools except Nevada – were once part of the WAC16. Party like it’s 1996, y’all! In all seriousness, I don’t think that’s a terrible outcome. I just don’t think that any outcome right now should be seen as anything but a stopgap until the next round of changes comes along.

Posted in: Other sports.

When monkeys are outlawed, only outlaws will have monkeys

Or something like that.

Cebus capucinus

Even in their Texas hideout, Jim and Donita Clark are terrified that wildlife agents from their home state of Louisiana will descend on their motorhome and seize the four Capuchin monkeys they’ve reared for 10 years.

Four months ago, the couple fled before authorities showed up at their house for an inspection, and ever since they’ve been hiding out with their monkeys — all of them cooped up in the recreational vehicle.

Exotic animal owners like them say wildlife agents have been cracking down in Louisiana and around the country after high-profile cases of exotic animals getting loose or attacking people. At least six states have also banned the ownership of wild animals since 2005, and Congress is also mulling tighter restrictions.

The couple fears the monkeys will be confiscated and sent to a zoo if they return home to DeRidder, La.

“It’s not what I fought for … to be treated like this,” said Jim Clark, a 60-year-old disabled Vietnam veteran, as tears streaked his face. “It’s not right to think they can come into your house and do this to you with or without a warrant.”

[...]

Crackdowns in Louisiana and elsewhere have gained momentum since a man in Ohio released his personal zoo of lions, tigers, zebras, bears and monkeys before killing himself. The 2009 face-mauling of a Connecticut woman by a chimpanzee also highlighted the dangers of keeping wild animals in residential neighborhoods.

“It was a wakeup call to the nation that we should no longer tolerate the reckless decision-making by a small number of people,” said Wayne Pacelle, the head of the Humane Society of the United States.

Veterinarians and primate experts generally agree that monkeys — like all wild animals — shouldn’t be adopted as pets.

“They are not animated toys. They’re so intelligent they’re difficult to keep in a stimulated environment long term,” said Dr. Patricia V. Turner, the president of the Association of Primate Veterinarians.

She said monkeys kept in homes often end up obese and suffering from emotional stress that takes the form of self-biting. Monkeys are garrulous social creatures and need to be around their own kind, she said.

With all due respect to the Clarks, I agree with the experts. Monkeys and other wild animals should not be kept as pets. It’s dangerous, it’s bad for the animals, it’s often bad for the local ecology, and it’s just not right. I support efforts to tighten restrictions on who can buy, sell, or possess exotic animals. TM Daily Post has more, and the Trib has a related article about the Humane Society pushing for a ban on “exotic” pets.

Posted in: Society and cultcha.

Interview with Alan Rosen

Alan Rosen

Concluding my series of Precinct 1 Constable candidate interviews is Alan Rosen. Rosen has worked in law enforcement for 21 years and is currently a Major and Commander of the Special Operation Bureau for the Harris County Sheriff’s Office. Here’s what we talked about:

Download the MP3 file

You can find a list of all interviews for this cycle, plus other related information, on my 2012 Harris County Primary Elections page. You can also follow this blog by liking its Facebook page.

Posted in: Election 2012.

Another item for the city’s legislative wish list

Loren Steffy brings up a familiar issue that has added salience now as the city tries to deal with its long term finances.

Across the city, prime office buildings are selling for far more than their tax values, leaving billions in potential tax revenue on the table at a time when city and county budgets are stretched. It’s almost as if there’s two sets of books: one for the buyers and sellers, and one for the tax man.

A random sample of more than 40 office buildings that sold in the past five years found 2011 appraisals trailing market value by about 40 percent, or more than $1.6 billion in unrecognized taxable value.

“It’s been going on for several years and it’s gotten steadily worse,” said Jim Robinson, the chief appraiser for the Harris County Appraisal District. “We’ve gotten so far away from the concept of market value.”

Unlike residential appraisals, which are adjusted to reflect sales prices, state law requires that appraisal districts value commercial properties based on what’s known as a fee-simple appraisal. That means they must consider the physical building and the surrounding area, and then assign a value based on average sales prices and occupancy rates, but they aren’t allowed to consider many of the intangibles that factor into sales prices. In other words, appraisers can’t use the same criteria in valuing a property that the market uses.

HCAD’s average occupancy rate for the hottest segments of the market – the Central Business District, the Galleria area and the Energy Corridor – was 93 percent last year for the newest buildings or those with the most modern amenities. The average rental rate for downtown was $28 a square foot a year; slightly higher for the Energy Corridor and slightly lower for the Galleria area, according to HCAD.

When a building is sold, though, other intangibles – if it’s fully leased or has one major tenant on a long-term lease, for example – can attract a higher market price.

“We can’t take into consideration the actual leases an individual property may have,” said Guy Griscom, HCAD’s assistant chief appraiser for commercial properties.

Steffy cites the sale last year of Heritage Plaza as an example. Its sale price was $322 million but its 2011 appraisal was for only $211 million. I’ve discussed this issue before. Steffy is quite right to point out that the city, the county, and the school districts all could have a lot more revenue right now than they currently do, if only properties like these could be appraised accurately. State Rep. Mike Villarreal has been a legislative proponent of sale price disclosure, which would help with commercial properties as well as for high end residences. The phrase “fee-simple appraisals” is one I don’t recall hearing before, but it’s clearly a big part of the problem as well. I point out stuff like this because I want to emphasize that the city’s financial situation has many facets. There’s been a lot of focus on the pension issue – it’s practically an obsession for some – but all that attention in one place distracts from the fact that there are other dimensions to the city’s financial situation, and we should avoid being myopic lest we wind up with distorted solutions.

Now that Steffy has pointed out this problem, the question that was left unanswered in his column was how big the effect of it is. His property survey showed that there’s quite a bit of market value being left unaccounted for, but how much actual tax revenue does that translate to? Going by the rates on the Tax Assessor’s property tax page, I calculated that Houston, Harris County, and HISD lost the following, based on Steffy’s 40-property survey and the $1.65 billion in under-valuation he found:

Houston – $10,539,375
Harris County – $6,454,305
HISD – $19,085,550

That’s not nothing, especially when you consider it’s only 40 or so properties. The real total may be quite a bit more than that, and given that this is an annual payment, it adds up quickly. Now it’s true that this can go both ways, though I rather doubt there’s all that much over-valuation, and it’s true that this by itself would not be enough to fix the budget issues these entities have faced the last couple of years. It’s still a factor, and it needs to be a key part of the discussion. This isn’t just a Houston problem – every city, county, and school district in the state is potentially losing out. The city needs legislative help to deal with the pension issue anyway. We should be pushing for reform to the appraisal process as part of the solution. A few million here, a few million there, and maybe we can obsess just a little bit less about pension costs.

Posted in: Local politics.

Can ban lawsuit moves to Travis County

Some new plaintiffs, too.

A group of river-related businesses has sued the City of New Braunfels, Texas Land Commissioner Jerry Patterson and Mark Vickery , executive director of the Texas Commission on Environmental Quality, over a ban on disposable containers on rivers within New Braunfels city limits that went into effect this year.

The suit, filed [last] Monday in a Travis County District Court, seeks a permanent injunction against the ordinance, claiming it is unconstitutional and effectively bans alcohol on the river. An attempted alcohol prohibition on the rivers was tossed out in 2000, in part because of a Texas Alcoholic Beverage Commission letter saying the city didn’t have the authority to ban alcohol.

[...]

Patterson is among the parties in this latest suit because he is the effective trustee of state-owned public waterways, the suit said. It said Vickery is named because the so-called can ban “unlawfully seeks to regulate and control municipal solid waste management activities that are within TCEQ’s jurisdiction.”

The story says that a “nonsuit” was filed by plaintiffs on Wednesday, which I presume means that the earlier litigation is no longer active. I welcome feedback on that from the lawyers out there.

Posted in: The great state of Texas.

Texas blog roundup for the week of February 6

The Texas Progressive Alliance thought that was one of the better halftime shows it has seen recently as it brings you this week’s roundup.

Continue reading →

Posted in: Blog stuff.

Nobody cares more about caribou nookie than Louie Gohmert

If that headline doesn’t make sense to you, go read this. Once you’ve regained your senses, go read what Harold Cook has to say about it. The standard beverage warning is in effect. You’re welcome.

Posted in: General snarkiness.

Interview with Quincy Whitaker

Quincy Whitaker

Continuing on with the Constable interviews in Precinct 1, today I present Quincy Whitaker. Whitaker is a native of Nacogdoches who has lived in Houston for 21 years, after being discharged from the army where he was a military policeman. Whitaker is currently a Lieutenant in the Sheriff’s office, where he has worked for 20 years. Here’s the interview:

Download the MP3 file

You can find a list of all interviews for this cycle, plus other related information, on my 2012 Harris County Primary Elections page. You can also follow this blog by liking its Facebook page.

Posted in: Election 2012.

While we wait for another deal, if there is one

Michael Li reminds us what comes next.

Waiting for a map like you, to come into my life

The San Antonio court has scheduled a hearing on interim maps and the election schedule for next Wednesday, February 15, with briefs on a broad range of issues due this Friday.

That gives the parties a week to continue talking, and it is possible further consensus could be reached. If there isn’t a consensus, the court will begin the process of drawing interim maps.

The state and the Republican Party of Texas have said that they think matters are far along enough that the court should be able to complete maps by February 20 and allow a primary to go forward on April 10 or April 17. However, there are some legal and logistical issues that still might prevent that (more here).

The RPT also has suggested April 24 as a primary date but, at the last hearing, there was some concern that day would prove to be unworkable because of the need to prepare for early voting in municipal and school board elections, which begins the following week.

If April doesn’t work, the most viable dates after that are May 29 and June 26.

You should of course be reading Texas Redistricting, but in case you’re not for some reason, here’s some additional reactions to the “deal”, from Rep. Eddie Bernice Johnson, the NAACP, MALC, and the Republican Party, which is clearly trying to sell it to its members. Here also are the post-trial briefs from the preclearance trial, for which we’re all waiting on a ruling.

Elsewhere on the interwebs, Politico reports that some of Rep. Henry Cuellar’s colleagues aren’t too happy with him for his endorsement of the Abbott “deal”.

Democrats are stunned that Cuellar would negotiate with Republicans, let alone agree to a map they argue would cost the party several seats and rob minorities of the chance to maximize their gains in the House of Representatives.

“He’s a deplorable, dishonest person. He’s proven it time and time again in redistricting,” said Matt Angle, founder of the Lone Star Project, a group aimed at supporting Democratic candidates in Texas. “I know it sounds over the top, but it’s true.”

The compromise map that Abbott and Cuellar agreed to is very similar to one that the Republican-controlled Texas Legislature approved last year, which would have positioned Democrats to win only 11 of the state’s 36 congressional seats.

Democrats had objected to the Legislature-drawn map, arguing in federal court that it doesn’t sufficiently recognize the state’s booming minority population. Democrats want an interim plan that more closely resembles one drawn by a San Antonio-based court that would have made it likely for the party to hold 13 of the 36 seats. The Supreme Court struck down the interim plan last month.

Let me interrupt here to say that I don’t know what numbers Politico is going by. By my count, the legislatively-drawn map, was 26-10 GOP, with CD23 being lean GOP and CD14 being potentially competitive, while the Abbott map was likely to have at least 11 Dem seats, with CD23 being tossup/lean Dem, and CD14 being lean GOP, though that may be more the influence of the declared candidate than the map itself. If all you knew were the straight R and D numbers, it’s better than what the Dems started with, albeit not quite as good as what they almost had. Obviously, there’s more to it than that, and I don’t care for this deal because I think it’s the low end of what is possible, but it’s not the worst thing in the world.

It hasn’t been unusual for Democrats to partner with Republicans on redistricting. With the GOP controlling much of line-drawing this go-around, Democrats across the country have forged alliances with Republicans to ensure they get favorable treatment in the redistricting process, which can make or break a member’s political fortunes.

Mexican American Legislative Caucus Chairman Trey Martinez Fischer called Cuellar’s agreement an effort by the congressman to finalize a rock-solid, South Central Texas-based district for himself to run in. But he argued it would have little impact on the final lines.

“I take Henry’s actions at face value,” said Fischer, who called Cuellar a friend. “The consequences of this agreement really don’t go beyond the confines of his district.”

Cuellar disputed the idea that he’s looking out for himself at others’ expense, pointing out that he’s been well-positioned to win reelection in each of the proposed maps. He said he felt no need to promote one plan over another to get a leg up.

Rather, he said he aimed to advance a plan that would help solidify a set of minority-held seats. On Monday, his office released a lengthy statement detailing how the plan would advance the interests of Hispanic and black candidates seeking House seats.

“To say I did this for my own interests is absolutely crazy,” Cuellar told POLITICO. “This has nothing to do with self-promotion. Anyone who says anything else is being dishonest with you.”

Rep. Cuellar has filed an advisory with the court, urging it to adopt the Abbott map. For what it’s worth, Smokey Joe Barton filed his own advisory saying that he “strongly objects to this proposed settlement”. So the bipartisanship goes both ways.

Anyway. BOR speculates why Abbott is pushing for a deal. I think there’s a lot of pressure on him, but it’s not clear to me that it’s all or even primarily in one direction. At the end of the day, redistricting is always more multidimensional than just R versus D. Prof. Murray provides some historical context to what’s going on. Finally, I got a request after the previous numbers post to include results from the 2008 Court of Criminal Appeals race for Position 3, in which Susan Strawn was the Democratic candidate. As this post is long enough already, I’ve put those numbers, which include a couple of State Rep districts I didn’t list before, beneath the fold.

UPDATE: Stace has a guest post from Joe Cardenas of Texas LULAC on why the Texas Latino Redistricting Task Force likes the Abbott maps.

Continue reading →

Posted in: Election 2012.

Brown’s part time staff

You have to admit, she does things her way.

CM Helena Brown

Houston District A Councilwoman Helena Brown, whose lone “no” votes against city spending have differentiated her from the rest of the 17-member council, also is an outlier as an employer: She is the only council member to hire an entirely part-time staff that gets no health insurance or other benefits.

“The Council Member and all her staff were offered benefits but declined, choosing to opt for their own health care coverage in the private sector where it is more cost effective for employees, and let us not forget, for the City too!” according to a statement from Brown’s office.

Brown would have been eligible to receive the benefits after she has served 90 days on the council, technically a part-time job that pays $55,770 a year. Employees pay about one-fifth of the health insurance premiums, with the city paying the rest. The cheapest of the plans calls for a city contribution of more than $200 a month per employee.

Five of her seven staff members are paid hourly to work 39 hours a week, which under city employment rules allows her to classify the employees as part-time. They are, therefore, ineligible for vacation days, sick days, pension benefits or city-subsidized health insurance. The other two Brown staffers work 22 or fewer hours a week.

Well, I’m not going to deny that rising health care costs are a long term financial issue for the city. But neither am I going to agree that requiring your staff to fend for themselves, without any kind of subsidy or assistance, is an acceptable solution. Seems to me that despite her office’s claims about how going the all-part time route will enable them to attract a “more diverse skill set”, this is likely to get people who fall into one of three groups: Those who can get health insurance via a spouse, or parent if they’re under 26 (thanks to the Affordable Care Act); those who are wealthy enough to buy insurance on the individual market, at least until the insurance exchanges mandated by the Affordable Care Act come on line in 2014; and those who rely on publicly-funded health care via Medicare, Medicaid, and emergency rooms. I’ll leave it to you to count up all the ironies involved.

Posted in: Local politics.

Huts for the homeless?

I like the sound of this.

A Mad Housers hut

At-Large Position 5 Councilman Jack Christie used Wednesday’s pop-off to pitch an idea to his colleagues: huts for the homeless.

Christie distributed a printout describing small huts built by a group called Mad Housers in the Atlanta area. Christie said he learned about Mad Housers through a friend whose son is in the group.

The structures are 6 feet by 8 feet in the case of huts and 4 feet by 8 feet in the case of “low riders,” which stand only 4 feet high for people who prefer to remain hidden. The huts have sleeping lofts, locking doors and a wood-burning stove.

Christie said after the meeting he intends to explore whether Houston can replicate the Atlanta model.

“You don’t see the sleeping bags out there, the newspapers,” if folks have a small shelter to sleep in instead, Christie said in an interview after the Council meeting. “These have a lock on the door so you have a sense of security.”

He doesn’t contemplate spending big money, or even any money at all on the project. Christie said he hopes he could find donors for the building materials and then recruit Habitat for Humanity or corporate volunteer teams to assemble the units.

I was thinking Habitat for Humanity as I was reading this before I even got to that last sentence. This probably is something that is best suited for a charitable organization, but Council can certainly play a role by working to ensure there aren’t any needless regulatory barriers to such a project. These huts would have to go somewhere, and we’d need to think about where would be best for them. You may recall that the subject of homelessness and making progress against it were in Mayor Parker’s inaugural address, so even if this isn’t what she had in mind, it’s in line with her stated priorities for the next two years. Kudos to CM Christie for taking the initiative here.

Posted in: Elsewhere in Houston.

FBI looking into DA’s office over grand jury “investigation”

Oh, boy.

DA Pat Lykos

Eyewitness News learned from people interviewed that the FBI and Texas Rangers are asking questions inside the DA’s office. The questions aren’t about BAT vans, but about the DA and her team and how they reacted once the grand jury decided to investigate her.

Remember, at first Lykos said she didn’t authorize any investigation of grand jurors.

“I know nothing of that, I certainly didn’t authorize the investigation — and, you know, give me a name,” said Lykos.

But once we got that name, Lykos admitted she ordered her chief investigator Don McWilliams to conduct internet searches on grand jurors, special prosecutors and two judges.

At least some of those searches were conducted with county paid for databases.

“Does that constitute a misuse or abuse of official information?” KTRK Legal Analyst Joel Androphy said.

After reviewing Texas law, Androphy suggested the DA searches may have crossed the line. Grand jurors’ names were sealed by court order months before the DA told her chief investigator to dig up their political past.

“They had access to the names and they were searching out the names that no one else had the ability to search out,” Androphy said.

“And that may cause legal problems for them?” we asked Androphy.

“Absolutely. And at least it will cause someone to review this,” he replied.

See here for the backstory. None of this means that there will be any charges brought, or that any wrongdoing will be alleged. But one way or another we ought to get an answer to the question about whether or not there had been an “investigation” of some of the people involved in that grand jury hearing.

Posted in: Crime and Punishment.

Interview with Cindy Vara-Leija

Cindy Vara-Leija

Next up for Precinct 1 Constable is Cindy Vara-Leija. She is the only one of the four candidates to have worked as a Constable deputy, spending 35 years in the Precinct 1 office before retiring last year. She started out as a clerk, then got her law enforcement certification and became a deputy, then moved up the ranks to eventually become a captain. Here’s what we talked about:

Download the MP3 file

You can find a list of all interviews for this cycle, plus other related information, on my 2012 Harris County Primary Elections page. You can also follow this blog by liking its Facebook page.

Posted in: Election 2012.

The numbers in the “deal”

As I start to type this I have no idea if the “deal” that was announced earlier today will be in effect or on the trash heap. I think it’s instructive to look at the numbers in the proposed maps anyway, since they give a good idea of how much the state was willing to concede. Let’s start with Congress. From a strictly Democratic perspective, here’s how I see it:


Dist Incumbent McCain Obama Wainwright Houston =================================================== 09 A. Green 23.42 76.12 22.06 76.33 15 Hinojosa 41.84 57.30 37.30 60.00 16 Reyes 34.59 64.39 30.15 66.55 18 Jackson Lee 22.89 76.57 21.61 76.71 20 Gonzalez+ 40.64 58.23 37.70 58.60 23 Canseco* 49.27 49.88 44.99 51.68 28 Cuellar 40.97 58.28 35.27 61.28 29 G. Green 37.04 62.22 30.34 67.66 30 Johnson 21.07 78.33 19.74 78.58 33 Open 30.64 68.57 27.18 70.54 34 Open 39.06 60.00 32.84 63.62 35 Open 35.47 63.18 32.55 63.10 06 Barton* 57.03 42.19 53.58 43.75 10 McCaul* 56.17 42.59 53.10 43.23 14 Paul*+ 57.03 42.12 49.70 47.52 25 Doggett 56.05 42.73 52.14 43.54 27 Farenthold* 58.95 40.12 50.85 45.75 31 Carter* 55.80 42.54 53.26 42.40 32 Sessions* 55.05 43.83 53.36 43.82

* = Republican incumbent
+ = Not running for re-election

For comparison sake, here’s my analysis of the original interim map and of the Lege-drawn map. What was originally 26-10 in favor of the GOP, then briefly became 23-13, is now either likely somewhere between 25-11 and 23-13, depending on if Rep. Quico Canseco can hold on and if Nick Lampson can win CD14. Note that this is more or less the screw-Doggett map with new Dem districts in the D/FW area and in South Texas, which if it stands might put the kibosh on Joaquin Castro’s assignment for the DCCC and would leave Roger Williams in the cold while bringing Michael Williams back into the game. Smokey Joe Barton gets a little help, Blake Farenthold no longer has to worry about a Harris County challenger, and the heir apparent to Charlie Gonzalez is up in the air.

And here’s the State House:


Dist Incumbent McCain Obama Wainwright Houston =================================================== 22 Deshotel 34.77 64.73 30.66 67.92 23 Eiland 51.35 47.77 42.99 54.22 27 Reynolds 29.88 69.63 28.96 69.55 30 Morrison*+ 50.26 48.99 42.24 54.74 31 Guillen 22.12 77.42 15.75 81.00 34 Scott* 46.93 52.17 38.90 57.76 35 Aliseda*+ 35.74 63.30 31.87 64.99 36 Munoz 26.39 72.85 23.01 75.08 37 Oliveira 31.33 67.52 25.82 69.67 38 Lucio 34.01 64.67 28.74 67.02 39 M.Martinez 26.86 72.35 23.17 74.63 40 Pena*+ 24.43 74.81 20.13 77.42 41 Gonzales 42.16 57.05 37.83 59.68 42 Raymond 28.91 70.56 20.00 76.31 43 Lozano 48.82 50.51 40.00 56.79 46 Dukes 21.51 77.04 20.50 74.99 48 Howard 37.53 60.77 37.52 56.86 49 Naishtat 24.26 73.67 24.04 69.21 50 Strama 38.01 60.27 36.95 57.51 51 E.Rodriguez 17.84 80.40 16.47 77.69 54 Aycock* 51.20 47.93 47.97 49.01 74 Gallego+ 41.15 57.91 34.93 61.32 75 Q'tanilla+ 25.14 74.13 21.64 75.42 76 N.Gonzalez 23.86 75.15 19.18 78.00 77 Marquez 34.56 64.25 30.18 66.08 78 Margo* 43.64 55.31 39.57 56.84 79 Pickett 34.62 64.52 29.83 67.13 80 T.King 48.65 50.76 41.30 55.87 90 Burnam 29.89 69.40 25.82 72.00 95 Veasey+ 23.57 75.90 22.30 76.09 100 E.Johnson 22.13 77.18 20.29 77.50 101 Open 37.82 61.59 35.63 62.19 103 Anchia 31.44 67.47 28.78 68.04 104 Alonzo 30.25 68.76 25.88 71.39 109 Giddings 19.84 79.62 18.78 79.79 110 M-Caraway+ 12.02 87.55 10.55 88.19 111 Y.Davis 24.18 75.24 22.81 75.60 116 M-Fischer 38.80 59.89 36.27 59.67 117 Garza* 47.71 51.33 44.69 51.76 118 Farias 42.57 56.36 37.44 58.81 119 Gutierrez 40.30 58.59 35.77 60.38 120 McClendon 36.12 62.95 34.14 62.49 123 Villarreal 39.13 59.58 36.30 59.35 124 Menendez 39.17 59.79 36.40 60.05 125 Castro+ 40.69 58.14 37.58 58.56 131 Allen 17.92 81.66 16.59 81.92 136 Vo 34.89 64.47 32.15 65.73 137 Open 43.64 55.47 42.22 55.26 139 Turner 23.99 75.55 22.65 75.85 140 Walle 33.16 66.24 27.42 71.02 141 Thompson 14.35 85.29 13.25 85.61 142 Dutton 21.32 78.28 19.31 79.43 143 Luna 35.22 64.14 27.89 70.22 144 Legler* 51.04 47.95 43.02 54.53 145 Alvarado 41.99 57.13 35.76 61.73 146 Miles 21.32 78.15 20.74 77.63 147 Coleman 18.94 80.34 18.16 79.68 148 Farrar 41.43 57.49 37.68 59.18 12 Open 59.77 39.38 50.77 46.67 17 K'schmidt 58.23 40.31 49.95 45.43 52 L.Gonzales* 51.93 46.18 50.33 45.01 85 Open 58.68 40.68 52.81 45.22 102 Carter* 52.18 46.64 50.17 46.75 105 H-Brown* 52.69 46.14 48.72 48.18 107 Sheets* 52.25 46.71 48.72 48.46 113 Driver*+ 53.00 46.05 49.53 47.87 114 Hartnett*+ 52.36 46.57 51.71 45.66 134 S.Davis* 54.39 44.59 56.95 40.36 149 Open 51.81 45.92 51.20 42.93

* = Republican incumbent
+ = Not running for re-election, at least as of last report

Here’s my analysis of the interim map, in which I didn’t specify a likely number of Dem seats but estimated it to be about 60, assuming nothing horrible happened, and here’s my series of posts analyzing the Lege-drawn map: non-urban 1; non-urban 2; Travis, Bexar, El Paso; Metroplex; and Harris County. In this map, Harris County remains with 24 seats, with Hubert Vo’s district being drawn as HD136, so the so-far four-way primary in HD137 remains on. Sarah Davis and Ken Legler get some help, though the latter remains an underdog as I see it. Jimmie Don Aycock in HD54 also gets some help, while Geanie Morrison and Aaron Pena likely stay retired. As Greg noted, the more compact HD26 is gone, replaced by the snowflake-like red-hued earlier version. By my count, this map probably delivers 55 to 60 Dem seats, about what the original interim map was likely to provide; the Lege-drawn map was probably good for 55 at most. Again, while this does represent an improvement, it’s still a long way back to parity for Dems, meaning that even in conceding all this ground, the Republicans would still come out well-placed, at least to begin with.

As for the State Senate map, there’s not much to say. SD10 remains a lean-R district, SD09 is slightly redder, and three other districts were tweaked as well. The main news here is the request by State Sen. Craig Estes, whose SD30 was one of those tweaked districts, to intervene. Sen. Wendy Davis, one of the plaintiffs in the lawsuits, did not sign on to the deal.

So looking at it strictly politically, Dems would do a little better than they were slated to do under the original legislatively-drawn maps, though not quite as well as they would have under the original court-drawn ones. These maps do fix some of the egregious problems and increase Latino opportunities a little, but potentially at the cost of Lloyd Doggett, and without addressing the question of coalition districts. That’s a big deal, and it’s likely the reason why the rest of the plaintiffs refused to sign off on Abbott’s proposal, and why the ultimate resolution of the litigation has the potential to produce maps more like the original interim ones, at least if the plaintiffs prevail. Michael Li, the man behind the great Texas Redistricting blog, wrote a sharp op-ed last week that laid the reasoning out. He focused on the claims for Davis’ SD10, for which the trial on her claims begins tomorrow, as the crux of the issue:

As urban Texas becomes more diverse — and compartmentalized neighborhoods that are the exclusive preserve of one ethnic group disappear — more and more districts like Davis’ will emerge naturally. The competitive state House seats that have arisen in recent years in places like Irving and Grand Prairie are a product of the same phenomena.

That may be why Texas Republicans have fought so hard to take apart Senate District 10 and shove its minority population into far-flung districts where forming winning coalitions is much harder if not impossible.

The crux of Texas Attorney General Greg Abbott’s court argument has been that the only districts protected under the Voting Rights Act are districts where, unlike Senate District 10, a single minority group, by itself, controls outcomes in elections. In other words, in his view, Hispanic and African-American voters only get protected by the Voting Rights Act if they live in neatly defined ethnic barrios of the type that are becoming more and more rare in a multi-ethnic Texas.

Abbott’s argument is a one-two power grab. On the one hand, the state argues it can’t draw more African-American or Hispanic seats because the populations are too spread out across the region. Then it argues that it can fracture the coalitions that minority groups manage to forge because “coalitions” aren’t protected by voting rights laws.

Accept his argument, and Texas would be free to do what it did to Senate District 10 when it put a strip of the district where the population is more than 78 percent African-American and Latino into an Anglo-dominated district stretching past Waco.

As Li notes, the DC panel rejected the state’s claims that coalition districts were not protected, though that doesn’t mean these particular coalition districts will get redress. This is why the majority of the plaintiffs were not interested in Abbott’s “deal”: It didn’t address their issues, and they have a reasonable hope that the DC court will. If that means the primary can’t be held in April, well, they weren’t the ones that asked for a stay from SCOTUS. Unless something happens to change this calculus, I think we’re back to waiting for the DC court to rule.

UPDATE: I should note that I’m only paying attention to the 2008 numbers in these maps because any interim maps are only going to be in effect for this year. We are certain to have a new set of maps for 2014, after all of the current litigation has concluded in the federal courts, and may well have yet another set for 2016 depending on when SCOTUS does its thing. As such, I consider looking at the 2010 numbers for these maps to be even more of an academic exercise than looking at the 2008 numbers is.

Posted in: Election 2012.

As always, the hole is bigger than we thought

Remember how the Republicans in the Lege underfunded Medicaid by $4.5 billion, which they will have to tap the Rainy Day Fund in 2013 to deal with, in order to make the budget for this biennium appear to be “balanced”? Turns out we’re going to need a lot more than that.

Tom Suehs

Kudos to the Quorum Report’s John Reynolds for reporting State Health and Human Services Commissioner Tom Suehs’ latest prediction on the looming state Medicaid funding shortfall which will have to be addressed by the Legislature when it meets in January 2013.

As has been widely reported, the Texas Legislature passed a so-called “balanced” budget by intentionally under-funding the Medicaid program by $4.5 billion, essentially choosing to postpone payment of that bill until 2013. Now, escalating caseload growth will bump that figure into the atmosphere, Suehs told hospital administrators in a speech Wednesday.

According to Reynold’s report:

That multi-billion dollar bill to sustain the Medicaid program – one of the state’s biggest cost drivers – will drop on lawmakers’ desks next January at the same time that demand for services elsewhere in the state budget continues to increase.

Suehs told the Texas Hospital Association that his message isn’t all that different from the one he sent two years ago. “I basically said something to the effect, ‘I don’t see how the Legislature’s gonna get out of this session without some form of revenue.’ I got in trouble for that,” Suehs said. “And I’m going to say the same thing today. I think I have a little bit more data with me today.”

Leaving a shortfall in the current budget has “a compounding effect” on future needs, Suehs told QR after his remarks. Still, he acknowledged at the conference that the level of need in the Medicaid budget concerns him.

“I don’t sleep some nights just thinking about having to lay that type of number out at some point,” he said.

Reynolds goes on to point out that the Legislature probably will spend some $7 billion left in the state’s Rainy Day Fund to cover part of the Medicaid shortfall. But Sueh’s predictions highlight the importance of the new Medicaid “transformational waiver” I highlight in my column in Wednesday’s print edition of the Chronicle. Approved by the Obama Administration in December, the new waiver empowers local hospital districts to re-define the rules for Medicaid reimbursements. Proponents believe the changes, if done correctly, could save taxpayer dollars, and help fund more patients who will be eligible for care under the federal health reform law.

Couple things to note here. One is that the recent uptick in sales tax revenue means that the Rainy Day Fund is a bit fatter than it was at sine die. That has led some folks to call on Governor Perry to call a special session to use some of that extra dough to mitigate the second year of cuts to public education. The TSTA has a petition you can sign if you want to join in that call. I support the effort, but I expect it to go nowhere for precisely this reason, which is the main reason why the Lege and Perry resisted so mightily calls to use the Rainy Day Fund originally. You can’t spend what’s already spent.

Suehs wasn’t the only Perry appointee going off the reservation. Texas Education Commissioner Robert Scott has been talking out of school (as it were) as well.

Scott warned school administrators that the ban on social promotions – a legacy of Gov. George W. Bush – will be lifted unless lawmakers provide money to help struggling students.

More money also will be needed to pay for the state’s new school accountability system, whose high-stakes testing may be going too far, Scott told school officials.

Scott’s statement that believes testing has gone too far drew a predictable rebuke from the sort of people who want accountability and standards but don’t want to pay for them. You do have to wonder what Perry is thinking, with his hired hands making trouble like that. Anyway, in re: schools, even all that Rainy Day money won’t get at the real problem:

Everyone agrees that Texas needs to do a better job of educating the state’s five million students in public schools. Folks like [Scott] McCown and [Sen. Leticia] Van de Putte, who serves on the Senate Education Committee, say it will take more money.

“What folks just don’t appreciate is how much we have cut,” McCown said, noting that state tax revenue would have to increase $13 billion a year to reach 1994 levels – the peak year for a measure of “how much of our total economy went to state and local taxes.”

Political realities mean that significant tax reform won’t happen next session, he said. It will take a modest, smart approach to put Texas on the right road resulting in several billion dollars of additional revenue, he said.

“It would be a responsible use of the rainy day fund and it would include revenue measures such as increasing the cigarette tax and eliminating the high cost gas exemption from the severance tax,” McCown said.

“If we don’t do that, then we are gong to face really serious damage to our schools and just not being able to help people as we move out of the difficult economic times in this recovery,” he said. “Regular Texans have to speak up loudly about what they want but we can have responsible approach to meeting the state’s needs in the next session if they do that.”

Well, that’s what the next couple of elections need to be about. Nothing will change until the Lege and the state leadership changes. EoW has more.

Posted in: Budget ballyhoo.

There is nothing but highways

More bad policy coming from the Republicans in Congress.

Transportation Secretary Ray LaHood said Thursday the House GOP’s highway spending plan is “the worst transportation bill” he’s seen in decades.

“This is the most partisan transportation bill that I have ever seen,” LaHood said in an exclusive interview with POLITICO.

“And it also is the most anti-safety bill I have ever seen. It hollows out our No. 1 priority, which is safety, and frankly, it hollows out the guts of the transportation efforts that we’ve been about for the last three years,” LaHood added. “It’s the worst transportation bill I’ve ever seen during 35 years of public service.”

The $260 billion, five-year House bill would cut Amtrak subsidies and increases truck weight limits, leading safety and environment advocates to assail the legislation.

LaHood was a seven-term Republican Congressman before being tapped to be Transportation Secretary, in case you were wondering. What else is rotten with this bill? It screws bicyclists, for one thing.

When the bill goes to the U.S. House floor this week, legislators will consider getting rid of a provision that requires states to dedicate a percentage of highway funds for to build trails for bicyclists and pedestrians, as well as other enhancements.

Under current law, states have to set aside 3 percent of their total highway funds for enhancements, such as hike-and-bike trails, Texas Department of Transportation spokeswoman Karen Amacker said. Under the new bill, states would decide if, and how much, to spend on such projects.

I’m sure we can all guess what would happen in Texas if that set aside is removed. And if that’s not enough, the bill also screws public transportation.

The U.S. Congress is moving forward with a bill that would strip transit funding out of the Highway Trust Fund, a move that upends an Ronald Reagan-era structure that has meant billions in guaranteed funding for mass transit.

[...]

Here’s why this is a big deal: Money collected from gas taxes, and a handful of other sources, flow directly into a special account in Washington, known as the Highway Trust Fund. Spending out of that account does not require annual appropriations as do expenditures from the general fund.

Instead, the Congress authorizes transportation funding every five years or so and the highway fund spends the money during that time without involvement from the Congress.

By kicking transit out of that system, it leaves any transit spending decisions subject to the same budget and deficit fights that most spending has to contend with, and — transit advocates fear — is really just a way to cut spending for transit.

And again, if that’s what is allowed to happen it’s almost certainly what will happen because it’s the sort of thing that’s easier to do than the alternatives, not to mention the fact that those who depend on public transportation tend to have fewer highly paid lobbyists. The good news is that the Senate is unlikely to go along with this, but it seems unlikely to me that anything will pass that doesn’t have some bad effects. The number of ways in which the 2010 elections were a disaster just keep piling up.

Posted in: Planes, Trains, and Automobiles.

Abbott proposes redistricting deal

We may yet have a deadline deal on interim maps, though it is as yet unclear which plaintiffs have agreed to this deal and which have not. For now, you can see what the fuss is about here:

Congress Map2008 Electoral data2010 Electoral data

State Senate MapElectoral data

State House MapElectoral data

I’m working on summaries and will update when I have more.

UPDATE: The San Antonio court tells the parties to keep negotiating until everyone is on board. So far, the only plaintiff to agree with the State is the Texas Latino Redistricting Task Force, who are represented by MALDEF. MALC is not on board, and neither are State Sen. Wendy Davis or LULAC, the NAACP, and the Travis County plaintiffs. In addition, State Sen. Craig Estes now wants to intervene on the grounds that his district was affected by the changes made in the “deal” for Davis’ district. Stay tuned.

UPDATE: The Lone Star Project comes out swinging, and via BOR, the NAACP voices its opposition. BOR in turn criticizes MALDEF for its support of the “deal”, which reminds me that there was a point in MALDEF’s statement that I wanted to nitpick:

MALDEF and the Task Force believe the congressional plan reflects the tremendous demographic growth in Texas: Latinos represented 65 percent of all new growth in the state since 2000. There are nine Latino opportunity districts statewide: CD 15, 16, 20, 23, 28, 29, 33, 34 and 35. No incumbents have been drawn out of their existing districts; and there has been no retrogression of existing African American opportunity districts. The new plan is consistent with the U.S. Supreme Court remand to utilize the state enacted map, with the exception of where legal defects exist under the Voting Rights Act or the Constitution.

Emphasis mine. This is at least somewhat disingenuous. As things stand, Lloyd Doggett is either in a red-tinted CD25, or a Latino-leaning CD35, possibly back up against Joaquin Castro. (Castro could still presumably run for CD20 now that Charlie Gonzalez is stepping down, but then someone else – Mike Villarreal, perhaps – might choose to run in CD35). Either way, Doggett is at best fighting for his life, whereas in the original interim map he truly was left alone. Doggett’s district, along with Sen. Wendy Davis’ SD10 and the Asian-heavy HD26 are coalition districts that the other plaintiffs are fighting for.

UPDATE: I should add the initial reactions from Greg, Burka, Stace, and Robert Miller.

UPDATE: PDiddie wins the headline award.

Posted in: Election 2012.

Interview with Grady Castleberry

Grady Castleberry

This week I will be covering Constable candidates. I am limiting myself to Constable Precinct 1, partly because that’s my Constable precinct and I need to figure out who I’m going to vote for, and partly because there are just too many Constable candidates out there for me to try to get to them all. As this is now an open seat race with the resignation and arrest of now-former Constable Jack Abercia, that makes this the most interesting such race on the ballot. My first candidate for this series is Grady Castleberry. Castleberry is a native Houstonian and 20 year veteran of the Sheriff’s department, where he is currently a supervisor in the Patrol Bureau. Here’s what we talked about:

Download the MP3 file

You can find a list of all interviews for this cycle, plus other related information, on my 2012 Harris County Primary Elections page. You can also follow this blog by liking its Facebook page.

Posted in: Election 2012.

Help me, Long-Range Financial Management Task Force! You’re our only hope!

Having some Jedi mind tricks available to deal with this probably wouldn’t hurt.

About one out of every 11 dollars in this year’s city budget goes to cover pension costs.

The $165 million the city plans to send to its three public employee pensions this fiscal year is the consummation of a decades-old contract with the people who put out fires, keep streets safe and pick up the garbage.

It also is more than the city spends on libraries, parks and garbage collection combined. Within three years, the city’s annual general fund pension tab is projected to reach $265 million, or nearly one in seven general fund dollars.

The pension time bomb has been ticking for more than a decade, when, with then-Mayor Lee Brown’s support, the pension systems boosted benefits based on projections that it would not raise the city’s costs significantly. Those projections quickly turned out to be calamitously misinformed.

At her inauguration last month, Mayor Annise Parker declared progress on pensions a priority of her second term. She is due to receive a report Tuesday that will serve as the starting point on how to achieve that progress. The Long-Range Financial Management Task Force created by City Council last year is scheduled to submit to Parker a menu of options on what to do about escalating pension obligations.

Most of what’s in this story is pretty familiar to us by now. If you have a couple of hours to kill and don’t mind memorizing a bunch of acronyms, head over to the Long-Range Financial Management Task Force webpage and browse through the Financial Planning Presentations available there. I want to highlight a chart from page 21 of Part 1 the City Financial Overview that I think deserves more attention:

Houston health benefit costs

Health benefit costs have more than doubled in less than a decade. The slight downturn in the last year is undoubtedly due in part to the layoff of over 750 city employees, so I’d expect it to start climbing back up again. There’s been so much talk about pensions – as the story notes, most of the Task Force’s ideas center around pensions – but not nearly as much about this. There are things that can be done about pensions, some of which require legislative assistance and some of which would be highly contentious, yet there seem to be far fewer ideas about how best to deal with this cost driver. Maybe that’s because there’s not much that can be done beyond cutting benefits or increasing the amount employees contribute to their health insurance, but I’d feel more confident about that if I saw more discussion of it. Anyone got any bright ideas?

Posted in: Local politics.

LED power

Good for Harris County.

The county is joining a growing list of local governments switching out incandescent bulbs for light-emitting diodes, or LEDs, embarking on a $1 million effort to begin replacing the bulbs at the 880 intersections it maintains.

LEDs cost $60 each while incandescents run $4, but the average intersection with incandescent traffic signals costs county taxpayers $2,380 a year in electric bills, said John Blount, the county’s director of architecture and engineering. A test intersection the county converted to LED last year showed a projected annual cost of just $328.

Arguably more important, Blount said, is that LEDs last seven or eight years, rather than 12 to 18 months, thus cutting the $1,500 it costs every time a contractor must be sent out to replace bulbs.

“You get a lot of savings on the cost of installation,” he said. “Instead of going every year and replacing them, in essence, you’re going every eight years. Just like homeowners, we have to constantly look at ways to save energy.”

This is a total no-brainer. They’ll recoup the costs quickly in lower electric bills, and they’ll save in the long term by having to replace the LED bulbs far less often. The main thing about the LED signals that I have found to dislike is that the green light is often not visible from a medium distance, I suspect due to the viewing angle. I have not seen the same issue with the yellow or red lights, so at least I know when I approach the intersection that what I can’t see I don’t need to stop for. Am I the only one that has noticed this?

The city of Houston in 2007 began a $1 million effort to replace 300 traffic signals with LEDs downtown, in Midtown and near the Texas Medical Center, Public Works Department spokesman Gary Norman said. That program expanded into a $16 million, 1,700-signal project citywide; today, Norman said just 398 signals remain to be converted. The city has received a grant to help complete the work, he said, which will begin this spring and take about a year.

The spread of LED traffic signals began a decade ago, but sped up in 2006, when the Department of Energy mandated that new or replaced signal systems meet more stringent energy requirements, said Siva Narla, senior director of transportation technology at the Institute of Transportation Engineers.

ITE’s position, Narla said, is that “these are beneficial, these are more energy-efficient and, as a community, LEDs are the way to go.”

Indeed they are. And now I’m wondering when we’ll do the same for all those incandescent street lights.

Posted in: Elsewhere in Houston.

Roseanne!

Meet your newest Presidential wannabe.

The Associated Press and TMZ are reporting that comedienne and self-proclaimed “domestic goddess” Roseanne Barr has filed documents to run for president.

Apparently, she thinks that only a woman can solve this nation’s problems. Check out the above video from her website.

Barr, who starred in the classic sitcom Roseanne and in her 2011 reality-TV show, Roseanne’s Nuts, plans to run under the banner of the Green Party.

Barr says she’s sick of Democrats and Republicans, whom she believes are not working in the best interests of the American people.

So what, you ask, is Roseanne pushing?  The answer is simple … pot.  She wants marijuana legalized and sold strictly domestically.

If you’re not taking her seriously, apparently a Green Party official does. Tom Yager posted on her website: “I am pleased to inform you that Roseanne Barr is officially recognized by the Green Party of the United States, Presidential Campaign Support Committee, as a Green Party Presidential Candidate.”

The star in a statement to AP that she’s a longtime supporter of the party and looks forward to working with people who share her values.

I should note that there’s already one Green Party Presidential candidate. Actually, there’s more than one – I was curious how the Greens do their nomination, which led me to this.

Our Feb. 1-2 Presidential Poll closed earlier tonight, and of the 1,792 votes cast, Jill Stein received 1,223 of them, or 68%. Roseanne Barr, who had just entered the race in the last week, picked up 526 votes, or 29%. There were 35 votes for Kent Mesplay, and 8 votes for Harley Mikkelson.

Four Green Party candidates for President – who knew? I admit I’m curious what effect Roseanne’s celebrity will have on her chances. As for the answer to my question about their nominating process:

The Green Party will select their Presidential nominee at the Green Party Presidential Nominating Convention July 12-15 in Baltimore, Maryland. Between now and then, state Green Party chapters and caucuses will be meeting and voting and selecting Delegates to the Presidential Nominating Convention. Local caucuses in Minnesota are meeting next week, and Arizona holds their state primary on February 28.

So there you have it. You may not have the chance to vote for The Donald, but you still might be able to support a celebrity with bad hair. What more could you want?

Posted in: The making of the President.

Weekend link dump for February 5

Isn’t there some kind of football game on today?

Speaking of football, when anti-immigrant hysteria forces your team to lose a prized recruit, maybe the human cost of said hysteria will begin to be made clear to those fanning its flames.

I’m sure a few margaritas improves the “Wheel of Fortune” experience considerably.

Our tenth President, John Tyler, of “Tippecanoe And Tyler Too” fame, still has two living grandchildren. This is despite the fact that John Tyler was born in 1790. How cool is that?

Now that national signing day has passed for college football players, here’s a guide to what all those words and phrases that are used during the recruiting process mean.

New flash: “Vote fraud” is still mostly a myth. Dead people really don’t actually vote.

But maybe we do need to give voting rights to zombies.

Hey, Newt, be careful what you ask for. Unless you already have wife #4 picked out, of course.

“My name is Friday. I’m a cop – with an iPhone.”

Reports of the death of bipartisanship are not exaggerated if you’re paying attention.

“A country that has a lot of excess capacity and has the ability to borrow at low interest rates and whose private sector is deleveraging quickly ought to avoid efforts to reduce public sector debt.”

These books have been banned in Tucson, Arizona.

Only a fool would pick a fight with the Muppets. And there’s no fool like a professional wingnut.

What Kevin says.

It’s easy to joke about doctors having bad handwriting, but there are real world consequences to that.

If “being investigated by Congress” is the standard, then there are some other organizations that Komen should be dumping as well.

Posted in: Blog stuff.