Off the Kuff Rotating Header Image

February 9th, 2017:

“Sanctuary cities” bill passes in Senate

As expected.

The Texas Senate late Tuesday gave preliminary approval to a controversial immigration measure to ban “sanctuary” jurisdictions in the state.

Senate Bill 4, filed by state Sen. Charles Perry, would punish local and state government entities and college campuses that refuse to cooperate with federal immigration officials or enforce immigration laws. The vote was 20-11 along party lines.

It would also punish local governments if their law enforcement agencies fail to honor requests, known as detainers, from federal Immigration and Customs Enforcement officers to hand over immigrants in custody for possible deportation. The punishment would be a denial of state grant funds. The bill doesn’t apply to victims of or witnesses to crimes, public schools or hospital districts.

[…]

The vote came after Perry added tough civil and criminal penalties for entities that don’t comply with the bill’s provisions. One amendment would make a department head whose agency violates the provisions of SB 4 subject to criminal prosecution in the form of a class A misdemeanor. Another added a provision that would subject the local agency to civil penalties, including a fine at least $1,000 for the first offense and $25,000 for each subsequent violation.

The severity of the proposals prompted state Sen. Sylvia Garcia, D-Houston to ask Perry how far he was willing to go.

“What’s the next [amendment] going to do? Take their first born?” she asked.

The upper chamber also predictably shot down by party line votes several amendments Democrats offered to make the bill more palatable to their constituents, including a measure by state Sen. Judith Zaffirini, D-Laredo, that would have excluded college campuses. An amendment by state Sen. José Menéndez, D-San Antonio, which sought to require peace officers to learn immigration law was also voted down, as was another by state Sen. Eddie Lucio, Jr. that would have prohibited the arrest of a person only because he or she was in the country illegally.

Garcia also asked Perry to remove a section of the bill that would punish a local entity for “endorsing” a policy that prohibits or discourages enforcing immigration law. Garcia said that section could be a violation of an elected official’s right to free speech and could be interpreted broadly.

See here for the background. There will certainly be lawsuits filed when this thing gets signed into law. The fact that legal genius Ken Paxton swears it’s legal is irrelevant – was there ever a chance he wouldn’t say that? – though what the courts ultimately do with this remains to be seen. (Other lawyers disagree with Paxton’s assessment.) The thing that needs to happen of course is for there to be a political price to pay for passing this bill. Lots of people showed up to testify against SB4. We need that same kind of turnout next November. Stace has more.

The burden that keeps on depriving

North Carolina’s bathroom law, y’all.

The North Carolina Sports Association, which represents 27 counties across North Carolina that recruit and promote major sporting events, sent a letter to the state’s House of Representatives and General Assembly on Monday urging an immediate repeal of the controversial House Bill 2. The law, known as the bathroom bill, led to the removal of all the NCAA’s championship events in 2017, costing the state millions in combination with the NBA’s decision to remove this month’s All-Star game out of Charlotte.

The law prevents cities and counties from passing protections based on sexual orientation and gender identity. And public schools must require bathrooms or locker rooms be designated for use only by people based on their biological sex.

The letter, written by Greater Raleigh Sports Alliance executive director Scott Dupree, noted the “window to act is closing rapidly” and said that North Carolina is “on the brink of losing all NCAA Championship events for six consecutive years.”

That time frame, which would include 2017-18 and then stretches from 2018-2022, most notably includes NCAA tournament events that could potentially be held in Greensboro, Raleigh and Charlotte. The letter cites 133 bids submitted to the NCAA by North Carolina cities, colleges and universities and estimated $250 million in economic impact on the state.

[…]

The NCAA’s championship bid review and evaluation process is underway and the letter stated that the NCAA said North Carolina will be removed from consideration because of HB2 based on the organization’s inclusion initiative.

Now obviously, the NCAA wasn’t going to give 133 championship events to North Carolina. Other states bid for those events as well, and the vast majority of them will wind up going someplace else no matter what. But “the vast majority of them” is not the same as “all of them”, which is surely what will happen if HB2 does not get repealed. The NCAA has already backed its words up with actions, so we know how this movie ends if North Carolina fails to act, no matter what Dan Patrick thinks. This is a very tiny piece of our future if SB6 passes. Don’t say we didn’t see it coming. Deadspin has more.

HISD Board to discuss recapture re-vote today

We should find out today if a re-vote on recapture is in our future.

At their monthly meeting Thursday, trustees for the Houston Independent School Board will consider putting recapture back on the ballot.

[…]

In November, HISD voters rejected the traditional way to send a check to the state. Now HISD must pay with actual commercial property – almost $18 billion worth. In July, Education Commissioner Mike Morath is scheduled to detach that property and let another district, such as Alief or Aldine ISD, tax it instead. That’s known as detachment and will reduce HISD’s tax base.

“The only way we can be in this negotiation period is if we do not go into detachment,” HISD Board President Wanda Adams said.

“The homeowners are going to take the brunt of that, not the commercial properties, the homeowners. Right now it’s not a win-win for anyone, but right now at least we have them moving,” she added.

That’s why HISD may give voters another shot at the issue in May.

At the same time, HISD’s bill to the state has dropped by $55-60 million, according to state estimates. That’s more than a 30 percent drop from the original bill of $162 million.

See here for the background. One of the reasons why I was willing to vote No on recapture in November was the possibility that we could have a do-over in May if the Lege did not take action to mitigate the damage. Turns out we didn’t need the Lege to make something positive happen. I believe the No vote provided the impetus for that development. As such, I’m willing to vote for a reduced recapture bill if the Board sees fit to undertake one.

UPDATE: The Chron editorial board takes note of the developments.

Texas blog roundup for the week of February 6

The Texas Progressive Alliance wonders if invading Australia will be next on Trump’s to do list as it brings you this week’s roundup.

(more…)