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August 5th, 2017:

Saturday video break: Sex

Let’s get right down to it, shall we? Here’s The 1975:

Gotta say, as much as I love the extravagance of 1970s and 1980s videos, I really appreciate ones where we just see the band or singer in a natural setting doing their thing, with no effects or artsiness or other frippery. Just musicians making music, as God intended it. Helps if the song is good too, but just that form is worth watching.

And just to prove my affection for the other form, here’s Berlin:

The full title of that song is “Sex (I’m A)”, so technically they’re not the same name. But it was worth it to see roast beef sliced in such a sensuous fashion, wasn’t it? Of course it was.

House passes school finance bills

I doubt they’ll meet a different fate than they did in the regular session, but kudos anyway.

Rep. Dan Huberty

The Texas House on Friday passed a package of bills that would put $1.8 billion into public schools and help out struggling small, rural school districts.

House members voted 130-12 to approve the lower chamber’s main piece of school finance legislation, House Bill 21, just as they did during the regular session. The House also voted 131-11 to pass House Bill 30, which would fund the school finance bill by putting $1.8 billion into public schools. Once the House gives the measures final approval, they will head to the Senate.

The funds cited in the legislation would come from deferring a payment to public schools from fiscal year 2019 to 2020, and would allow an increase in the base funding per student from $5,140 to $5,350 statewide.

[…]

The House Public Education Committee’s chairman, state Rep. Dan Huberty, R-Houston, the author of HB 21, has pushed his bill as a preliminary step to fixing a beleaguered system for allocating money to public schools.

“You cannot have property tax reform unless you have school finance reform. That is just a fact,” he said Friday. “We have the time to get this done. We just have to have the will to get this done.”

HB 21 would increase the base per-student funding the state gives to school districts, in part by increasing funding for students who are dyslexic and bilingual. It would also gradually remove an existing financial penalty for school districts smaller than 300 square miles, which was originally intended to encourage them to consolidate.

[…]

The House voted 67-61 Friday against approving House Bill 22, a separate measure that would have continued ASATR for two years before letting it expire in September 2019. Some school districts have warned they might have to close without the program, which totaled about $400 million this year.

See here for the first go-round on HB21, and here for the ASATR story. I don’t expect anything to happen with any of this, but I suppose a surprise is possible. The House and the Senate are on such different pages that it seems unlikely in the extreme, though.

Firefighters complain about petition counting process

Oh, good Lord.

Mayor Sylvester Turner

Houston firefighters are accusing Mayor Sylvester Turner of standing between them and a voter-approved pay raise by failing to ensure a petition they submitted last month is certified in time to appear on the November ballot.

Turner rejected any suggestion that he has involved himself in the City Secretary’s effort to verify their petition, and his office on Thursday said an offer by the fire union to cover any staffing costs needed to count their signatures is being examined as a possible attempt to improperly influence a public official.

[…]

Houston Professional Fire Fighters Association Local 341 president Marty Lancton accused the mayor of seeking to run out the clock, and said the speed with which firefighters gathered the required 20,000 signatures shows that voters want a say on the matter quickly.

“The mayor has the ability to provide Anna Russell with the resources with which to count this. He has not done it,” said Lancton. “I’m simply trying to find a way to get these counted. Firefighters are just asking for fair treatment and for there to be a resolution.”

The mayor dismissed the criticism.

“She’s the one who’s doing the counting, she verifies the signatures. That’s the process,” Turner said. “No one runs the city secretary’s shop but the city secretary.”

[…]

Accusations aside, Turner said that he is proceeding as if the item will reach a November vote, and has worked to get his message out by appearing on radio programs and discussing the issue publicly. The annual cost of the proposal, he said, could be “well north of $60 million.”

Russell, for her part, said neither the mayor nor anyone from his office has spoken to her about the matter. The process of verifying signatures, she said, must be completed in the spare minutes between her staff’s daily tasks of preparing ordinances, motions, contracts and the council agenda.

My head hurts. Why don’t we just assume that Anna Russell is going to do the job she’s been doing since God was in short pants and give her some room? If for some reason she can’t get it done in time for the filing deadline for November, then get it done for next May. Am I missing something here?

David Feldman, a former city attorney who is representing the fire union, said Russell should make an exception in this instance because he views the pension-related petition she now is reviewing as irrelevant.

That petition, which was submitted in April, calls for all city employees hired beginning next year to be given pensions similar to 401(k)s rather than traditional “defined benefit” pensions. Turner’s pension reform bill that passed the Legislature this year, however, specified what pension new hires would receive, Feldman said, and state law trumps local charters.

“If, in fact, they have 20,000 signatures and she certifies it, it can’t go on a ballot because it’s an unlawful measure,” Feldman said. “That’s where the tipping of the scales comes into play. That communication can be made to her. It obviously has not been made to her.”

Bernstein said Feldman’s reading is wrong. He pointed to a similar case out of Galveston in which the court ruled that a city secretary had a “ministerial duty” to validate a petition and forward it to the City Council, notwithstanding her view that its content conflicted with existing laws.

State law “does not give the City Secretary any discretionary duties,” a state appellate court held in that case. “Any complaints about the proposed amendment’s validity will be decided only if the voters approve the proposed charter amendment.”

Feldman stepped into the anti-HERO petition counting efforts in 2015, insisting that they needed to be checked for fraudulent signatures after Russell had certified that there were enough of them. Seemed like a reasonable argument at the time, but as we know the Supreme Court did not buy it, on grounds of those “magisterial duties” which dictated that she count ’em and that was that. And to answer my own question above, the one thing that could prevent the firefighters’ referendum from getting a vote in May would be having some other charter amendment on the ballot this fall. I had been wondering about that other petition effort, since the originator of it has since said the passage of the pension reform bill – the same one that has the firefighters so upset now – made her effort unnecessary. But if they still need to be counted, then I don’t know what happens next. Like I said, my head hurts.

Marilyn Burgess to announce for District Clerk

Marilyn Burgess

In addition to a large slate of judicial offices, there are four countywide executive offices on the ballot next year. Democrats in Harris County have nearly all of the judicial races covered, and Diane Trautman has been in the race for County Clerk since early in the year. We are still awaiting candidates for County Judge and County Treasurer, but as of this weekend we have a contestant for Harris County District Clerk: Marilyn Burgess.

District Clerk is a position that’s all about organization and operations. Its job duties include recording the actions and the judgments of the district courts; transmitting the orders of the district courts to the authorities responsible for their execution; and assuming all other duties assigned by the presiding judge of a court, which includes things like bringing in people for jury duty. It’s not really political in the way that (for example) County Clerk and Tax Assessor are, but it is a constitutional office and it has a lot of important responsibilities.

Burgess is a CPA by profession, and spent four years as the Executive Director of the Texas PTA. She was a candidate for Harris County Department of Education in Precinct 4 in 2016, receiving 45% of the vote in that Republican area. She will have a formal announcement of her candidacy shortly. In the meantime, her campaign webpage is here; her campaign Facebook page is not ready yet. It’s certainly possible someone else may jump into this race – it’s still just August – but for now we at least have one more office covered.