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November 3rd, 2017:

Friday random ten: All hail the Astros

I break the pattern once again in honor of the Astros’ World Series win.

1. Born To Win – Hurray For The Riff Raff
2. Playing To Win – Shalamar
3. The Winner Takes It All – ABBA
4. You Win Again – Mary-Chapin Carpenter
5. We Are The Champions – Queen
6. Sittin’ On Top Of The World – Asylum Street Spankers
7. Top Of The World – Bridgit Mendler
8. No Surrender – Bruce Springsteen
9. Heaven Help My Heart – from “Chess”
10. The Magnificent Seven – The Clash

Today is Parade Day. Nobody’s getting much (any) work done. But at least we’re starting that long, dark tea-time of the soul known as the off season in style.

Is this development really necessary?

Boy, the optics of this sure are lousy.

CM Brenda Stardig

The Houston City Council has indefinitely postponed a proposal to build hundreds of homes in a west Houston floodplain amid questions about whether city leaders’ actions would match their rhetoric about mitigating the risk of flooding after Hurricane Harvey.

Mayor Sylvester Turner supported the move to refer the item back to his administration, a procedure that can be used to further study a controversial item or kill it.

Arizona-based Meritage Homes announced last May that it planned to build the single-family homes on the site of the recently closed Pine Crest Golf Club at Clay and Gessner in a master-planned community to be called Spring Brook Village. The finished project would include homes for up to 800 people, with properties priced between the high $200,000s and the mid-$500,000s.

The entire 151-acre site sits in a flood plain, Harris County Flood Control District maps show. Officials said the developers’ drainage plan, once built, will place most of the tract in the 500-year floodplain rather than in the riskier 100-year floodplain.

The builders have said they plan to build the homes at a higher elevation to remove the structures from the 500-year floodplain, and have noted their plan exceeds the city’s minimum requirements for detaining storm water.

Still, Turner acknowledged the optics of approving hundreds of new homes in a floodplain two months after a historic hurricane flooded thousands of homes across the Houston area.

“We are living in the post-Harvey world, and I want people to have the confidence that we’re thoroughly vetting these projects and that we’re asking the questions,” Turner said. “When I have said previously that we can’t do things the same way and expect a different result, I want to make sure this project has been thoroughly vetted, and all the council members agreed to that.”

[…]

City Council took up the item because the developers needed its consent to create a municipal utility district to pay for roads, water, sewer and drainage infrastructure on the site.

Council members Brenda Stardig and Mike Knox said the developers told them the inability to form a MUD could result in more homes and less storm water detention being built on the site, because the builders might then be required to finance part of the infrastructure costs themselves rather than repaying those costs through future homeowners’ property taxes.

The MUD is the crux of the issue and the reason why Council is involved – as the story notes, if it were simply a matter of permitting, it would not require a vote. The reason why a MUD is needed at all is not fully explained, though this Press story does add a few details.

According to correspondence between MetroNational and Council Member Brenda Stardig, who represents the district where the golf course is located, approval of the MUD would also allow for a detention pond 16 acre feet more than what the city requires and a linear detention pond with trails for walking around — but MetroNational seemed to indicate that if the MUD isn’t approved, these bonus items won’t be possible.

Still, Matt Zeve, director of operations at the Harris County Flood Control District, said that even with the building elevations and drainage plans, there’s still a risk of “overland sheetflow flooding during extreme rain events,” which is when drainage gets overwhelmed and street flooding gets serious.

“The off-site sheetflow could still cause flooding problems, but it isn’t considered in the analyses that have been completed,” Zeve said in an email.

Maybe building the retention pond and requiring the higher elevation for the houses will be enough to mitigate the risk, I don’t know. As the Chron editorial board notes, leaving a former golf course undeveloped is itself a pretty good flood mitigation strategy. What does seem clear is that this was a business-as-usual idea – the land was bought by the developer a year ago, and the project was announced in May – but we are not and cannot be in business-as-usual mode any more. Projects like this require a much higher level of scrutiny and skepticism now. Otherwise, we really haven’t learned anything from Harvey.

Lamar Smith to retire

Good riddance.

Rep. Lamar Smith

U.S. Rep. Lamar Smith, R-San Antonio said Tuesday he is retiring from Congress.

“For several reasons, this seems like a good time to pass on the privilege of representing the 21st District to someone else,” he wrote in an email obtained by the Tribune. “… With over a year remaining in my term, there is still much to do. There is legislation to enact, dozens of hearings to hold and hundreds of votes to cast.”

Smith, a San Antonio native, received his undergraduate degree from Yale and attended law school at Southern Methodist University. He was elected to Congress in 1987 and represents a district that spans Austin, San Antonio and the Texas Hill Country. He is the current chairman of the U.S. House Science, Space and Technology Committee.

Like U.S. Rep. Jeb Hensarling, the House Financial Services chairman who announced his retirement on Tuesday, Smith faced a term-limit in that role.

[…]

Speculation immediately began among Texas GOP insiders about who could succeed Smith in his seat. Names included state Reps. Jason Isaac and Lyle Larson, and Austin City Councilwoman Ellen Troxclair.

State Sen. Donna Campbell’s name was also put in play. A spokesman for Campbell said she “will carefully and prayerfully consider what is best for her and the district.”

Austin-based communications consultant Jenifer Sarver, a Republican, confirmed that she’s “taking a serious look” at running for the seat.

The question on many insider’s minds is whether retiring state House Speaker Joe Straus would consider a run, but sources close to him said Thursday he is not interested.

Smith’s 21st Congressional District runs from South Austin along the west side of I-35 into San Antonio and extends westward into the Hill Country. The district was drawn to be a safe Republican seat, but there is a competitive Democratic primary this year with viable fundraising candidates. One of the Democratic challengers, veteran Joe Kopser, raised more funds than Smith in the last quarter.

Democrats have argued for weeks that if more Republicans retire, they have a better shot at those open-seat races.

Is this one of those races? It’s too soon to tell, Democratic sources around the Capitol told the Tribune.

This district would be incredibly difficult to dislodge, but perhaps not as hard as a lift as a conservative East Texas bastion such as Hensarling’s seat. Democrats will prioritize dozens of other seat before they spend on this one, situated in the expensive Austin and San Antonio markets.

The early read from Democrats in Washington: It would have to be an absolutely toxic environment for the GOP next year for this seat to flip.

Let’s be clear: Lamar Smith is terrible. Not just for his longstanding enmity towards the environment, which the story covered, but also for his equally longstanding hostility towards immigration. Of the names mentioned as potential Republican candidates to replace him, only Donna Campbell is clearly worse. That said, it is hard to beat an incumbent, and his departure ought to make the path a tad bit easier for someone like Joseph Kopser. CD21 was red in 2016, but not as red as it has been. Trump carried it 51.9 to 42.1, while Mike Keasler on the CCA won it 56.7 to 38.1. In 2012, it was 59.8 to 37.9 for Mitt Romney and 58.6 to 36.6 for Sharon Keller. Whether that’s enough to draw national attention is another question, but adding Smith’s name to the pile of leavers does help further the “abandon ship” narrative. I only wish he had done so sooner. ThinkProgress, which goes deeper on Smith’s extreme pro-pollution record, has more.

Patrick gets a primary challenger

The plot thickens.

Former Rockwall City Council member Scott Milder will challenge Lt. Gov. Dan Patrick in next year’s Republican primary, Milder announced formally on Thursday.

Milder, a public education advocate and resident of North Texas, is the first Republican to officially challenge Patrick, a far-right conservative and one of the most powerful elected officials in Texas. Milder has criticized the lieutenant governor for his education policy stances and called Patrick “classless and clueless” for tweeting smiling pictures of himself and Hurricane Harvey first responders.

Milder’s decision to jump into the race was spurred by Patrick’s unsuccessful attempts this year to pass controversial legislation such as the so-called bathroom bill.

“Texans are fed up with Lt. Gov. Dan Patrick’s antics and deserve a choice on the Republican primary ballot,” Milder said. “Voters want to support a traditional conservative leader who will govern with common sense and focus on the critical challenges facing our great state.”

[…]

The bathroom bill, which would have restricted public restroom access for transgender Texans, was the most divisive issue Texas lawmakers debated this year. The Rockwall City Council tackled the issue this year, too, and Milder opposed the effort he said would hurt the economy.

“I am not sympathetic to the transgender agenda, nor any agenda seeking special treatment for special interests under the law,” Milder wrote in a recent Dallas Morning News op-ed. “My opposition to this ordinance was strictly a business decision based in practicality.”

Saying he initially supported the concept of restricting restroom use based on sex, Milder changed his mind when he considered the reaction to “a man dressing up as a woman” and using the men’s room: “That is much more likely to turn some heads and cause trouble.”

Like the statewide effort, Rockwall’s bathroom ordinance also failed to pass.

You can find Milder’s webpage here and his campaign Facebook page here. A press release from his campaign is here. Milder served four years on Rockwell city council, losing a bid for re-election this year. I have no illusions about his chances, but I am interested in three things: How much support he gets – fundraising, endorsements, etc – what percentage of the vote he gets, and whether he endorses Patrick after he loses. I’d set the over/under for Patrick at 80% of the vote in the primary, and I figure anything over 70% will be seen as nothing remarkable. Still, it’s a big deal for someone to take on the biggest bully in the room, so on that score I salute Scott Milder and wish him well. As I like to say, nothing will change until someone loses an election over this stuff, and that starts with people being willing to take the challenge and run. Good luck to you, Scott Milder. Please do your best to soften Danny up for Mike Collier.

TCDLA pulls Paxton prosecutors brief

Get your act together, y’all.

Best mugshot ever

A leading organization of criminal defense lawyers on Tuesday withdrew its legal brief in support of prosecutors who are fighting to get paid for work on the criminal case against Texas Attorney General Ken Paxton.

The friend-of-the-court brief, which argued that the payment fight could endanger the system for ensuring that indigent defendants are properly represented at trial, was withdrawn because it did not follow proper procedures by the Texas Criminal Defense Lawyers Association, the organization said.

David Moore, president of the association, said the brief to the Court of Criminal Appeals was pulled because it had not been approved by the group’s executive committee, which unanimously voted Monday to withdraw the document.

That committee will now examine the issue to determine if the brief should be approved or if the matter should be decided by the full board of directors, said Moore, a lawyer in Longview.

“I fear,” said Brian Wice, one of the prosecutors, “there may be other issues in play driving its decision to withdraw its brief other than a purported ‘failure to follow proper procedures and policies.’”

“The larger question is why Mr. Paxton’s defense team does not want the Court of Criminal Appeals to consider” the brief, Wice said, adding that it raised compelling points about the payment fight’s impact on public policy and proper legal representation for indigent defendants.

Dan Cogdell, one of Paxton’s defense lawyers, said he expected further action to be taken against “the parties responsible for its filing.”

“I will not have any further comment on the matter now except to express my grave disappointment in the impropriety of the filing of such a pleading in a case of this magnitude and am gratified that the proper steps to correct the situation have begun,” Cogdell said.

Austin lawyer David Schulman, one of the brief’s authors, said he and others involved believed they had followed the organization’s bylaws, but he declined to discuss specifics.

“This wasn’t any kind of guerrilla action. We thought we were authorized, but we were wrong,” he said.

See here for the background. It’s clear that the arguments made in the TCDLA brief would be good for the defense bar as a whole, but not good for Team Paxton, as they would greatly benefit from having the courts screw the special prosecutors in their case. As Mr. Spock famously said, the needs of the few outweigh the needs of the many. I hope there are enough people with a larger view of things at the TCDLA who can override these objections.