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May 13th, 2017:

Saturday video break: Rock This Town

A big hit from the Stray Cats:

Am I the only one who thinks that the “real square cat” who “looks so 1974” kinds sorta resembles Weird Al Yankovic with a short haircut? It’s the mustache and the smirk, I guess. Now here’s lead singer Brian Setzer with his Orchestra nearly 20 years later:

That’s the beautiful thing about having a horn section – you can let them kick things off while you get a quick drink and fix your hair. Also, they sound great. Other than that, it’s the same basic arrangement, he just has more accompaniment.

Cornyn on shortlist to replace Comey

Interesting.

Big John Cornyn

U.S. Sen. John Cornyn is on the short list to succeed James Comey as FBI director, according to a White House official.

Cornyn is one of about 11 contenders for the post, according to Fox News.

He has strong relationships with members of his conference and would likely sail through confirmation. Prior to his election to the Senate in 2002, Cornyn served as Texas attorney general, a Texas Supreme Court justice and a local judge.

In the immediate aftermath of Comey’s firing, Cornyn did not take the opportunity to lobby for the position.

“I’m happy serving my state and my country,” he told reporters off the Senate floor.

But that comment came Wednesday, which was a lifetime ago during a dramatic week in Washington.

[…]

A Senate vacancy could make for dramatic change in the state’s political pecking order.

Gov. Greg Abbott would be tasked with a short-term appointment, but several months later the state would hold a special election to finish the duration of the term, which ends in 2021.

When Lloyd Bentsen resigned from the U.S. Senate to become Treasury Secretary in 1993, Gov. Ann Richards appointed former U.S. Rep. Bob Krueger, a Democrat, to hold the post until a special election could be held. That was a noisy affair with two dozen candidates — including a couple of sitting members of Congress at the time — that ended with Texas Treasurer Kay Bailey Hutchison beating Krueger in the special election runoff. She ran successfully for a full term the next year and remained in the U.S. Senate until the end of 2012.

As the story notes, the odds of this happening are quite slim, so anything we say here is highly speculative. But hey, isn’t that what a blog is for? The main thing I would note is the timing of a special election to complete Cornyn’s unexpired term. The special election in 1993 to succeed Lloyd Bentsen took place on May 1, 1993, which was the first uniform election date available after Bentsen resigned and Krueger was appointed. That means a special election to replace Cornyn – again, in the unlikely event this comes to pass – would then be in November of this year, with that person serving through 2020. The good news here is that it means that an elected official who isn’t subject to a resign-to-run law would be able to run for this seat without having to give up the seat they currently hold. I’m sure if we put our heads together, we can think of a sitting member of Congress who might be enticed to jump into such a race.

Two other points to note. One is that, at least according to the story, Abbott is not allowed to appoint himself. It’s not clear to me why that is so – the story references “precedent based in common law, not statute”, so I presume there was a lawsuit or maybe an AG opinion in there somewhere. I know I recall people urging Ann Richards to appoint herself in 1993, but it may be the case that she was not allowed to due to the same precedent. Someone with a more extensive understanding of Texas history will need to clarify here. Point two is that if Abbott names a sitting Republican officeholder, then there would of course be a special election to replace that person, either (most likely) this November for a member of Congress or next year for a statewide official. And yes, Abbott could appoint Dan Patrick, perhaps to take him out of any possible challenge to himself in 2018. Keep that in mind if your first instinct is to cheer a possible Cornyn departure. Like I said, all highly speculative, so have fun batting this around but don’t take any of it too seriously just yet.

Rideshare bill advances in Senate

It was almost different and then it wasn’t, but it still could be.

Rep. Chris Paddie

Paid ride companies such as Uber and Lyft are one step closer to the statewide oversight they crave, after a state Senate committee approved a revised plan to regulate them, as opposed to cities.

Members of the Senate State Affairs committee approved the bill, unchanged from what was sent by House lawmakers in HB 100, sponsored by State Rep, Chris Paddie, R-Marshall. The bill establishes statewide rules for paid ride companies that connect willing drivers and interested riders by smartphone. State rules would eliminate any city regulations, while still giving cities control to regulate taxi and limousine drivers and companies.

State Sen. Charles Schwertner, R-Georgetown, at first proffered a substituted version of the bill, then rescinded the substitute without discussion so the committee could approve the original version.

“Several senators expressed a desire to offer additional changes to HB 100,” said Thomas Halloway, chief of staff for Schwertner, in an email. “In the interest of moving the legislation forward, we agreed the most appropriate action was to move the original bill to the floor so all senators have the opportunity to offer their own thoughts.”

As a result, the bill the senate will consider retains a clause added by House lawmakers that defines sex as “the physical condition of being male or female.”

See here and here for some background. Sen. Schwertner had originally stripped that bad amendment out of the bill, so I am hopeful that it will get amended out on the floor of the Senate. We’ll see.

Sandra Bland bill clears the Senate

Good news.

Sandra Bland

The Texas Senate on Thursday unanimously approved a bill aimed at protecting people with mental illnesses who are arrested and may harm themselves in jail.

The legislation — Senate Bill 1849 — was filed after a high-profile incident in 2015 in which Sandra Bland, a 28-year-old Illinois woman, was found dead in the Waller County jail days after being arrested during a routing traffic stop.

The so-called “Sandra Bland Act” evolved as it moved through the legislative process amid criticism from law enforcement officials. The version the Senate unanimously approved on Thursday — authored by state Sen. John Whitmire — would mandate that county jails divert people with mental health and substance abuse issues toward treatment, make it easier for defendants with a mental illness or intellectual disability to receive a personal bond and require that independent law enforcement agencies investigate jail deaths. (The agency would be any appointed by the Texas Commission on Jail Standards and cannot be the agency that operates the county jail.)

The legislation now heads to the House, where state Rep. Garnet Coleman filed a similar bill that was left pending in committee. The Houston Democrat first introduced the legislation and named it in honor of Bland.

[…]

Under the legislation, jails also would be required to ensure prisoners continue to have access to health care while in custody and report serious incidents – including attempted and completed suicides, deaths and assaults. And, if the money is available, counties would have to install electronic sensors or cameras to better monitor inmates. Law enforcement officers also would be required to learn de-escalation techniques that may reduce the use of force.

Whitmire struck some provisions in the original version of the bill amid criticism that it would hamper law enforcement’s work, including requiring police officers to learn how to identify implicit bias. It also would have required counseling and training for officers who racially profiled drivers and prohibited what are called “pretext stops” — traffic stops for one offense that are used to investigate another.

None of those provisions were in the bill the Senate approved Thursday. A day earlier, Whitmire said that police groups opposed earlier provisions regarding consent searches and implicit bias and that the only way the legislation had a chance of passing was if it was written as a mental health bill. Two police organizations told the Tribune that language about racial profiling and bias came from a place of distrust of law enforcement.

The House Homeland Security and Public Safety Committee took public input on Coleman’s bill last month but never voted on it amid a lack of support.

See here for some background. The Observer spoke to Rep. Coleman about the Senate version of this bill.

“I would’ve preferred a more robust bill, but I’m happy — I’m elated — that there is a bill,” said Representative Garnet Coleman, a Houston Democrat who penned the initial version. “This is not an environment that most people believe would’ve allowed for the passage of a bill carrying the name of the victim of a state trooper.”

[…]

The bill that cleared the chamber Thursday no longer bans controversial pretext or “investigative” stops, which Coleman has likened the vehicular equivalent of “stop and frisk.” It also would require law enforcement to collect and review data regarding these stops to check for racial or ethnic disparities. These were the most disappointing sacrifices, Coleman said.

Lawmakers also removed provisions preventing people from being incarcerated for Class C misdemeanors and ensuring that offenders without prior violent convictions be released on personal bonds, which require no up-front cash. These provisions, Coleman pointed out, have found homes in other bills that that are “still alive and moving,” such as Whitmire’s SB 1338, a bond-reform bill that cleared the Senate earlier this month.

The bill requires county jail operators to undergo more mental health training, as well as better monitoring the health of inmates. To that effect, it mandates that jails install cameras and electronic sensors in cells when funding is available. Those measures could’ve changed the circumstances of Bland’s death. (Coleman said he is working with the budget conference committee to secure funds for cameras and sensors — totaling $1 million.)

Coleman is looking to carry the measure across the finish line in the House and doesn’t expect much will be changed, he told the Observer Thursday.  It’s not likely to clear his chamber with unanimous support — “that doesn’t happen over here,” he said. Coleman said he’s working to gather support from members and House leadership, whom he said seems receptive.

“The issue has transcended politics, brought together people who used to be diametrically opposed,” Coleman said. “With this one, we really have to do something now.

Yes, we do. Good work all around, let’d get this finished. The Chron has more.