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April 4th, 2019:

Precinct analysis: 2018 SBOE

There are 15 State Board of Education positions, currently divided 10 GOP to 5 Dem. They’re bigger than State Senate and Congressional districts but no one raises any money for them so they’re basically decided by partisan turnout. As with State Senate districts they were not for the most part drawn to be competitive – more like “these are yours and these are mine”. And yet, here we are:


Dist  18 Dem    Beto    Lupe Collier  Nelson   Olson McAllen
============================================================
SB2    53.6%   51.9%   45.3%   50.4%   51.2%   51.1%   49.8%
SB5       NA   54.8%   48.0%   51.8%   53.0%   52.2%   48.9%
SB6       NA   51.5%   44.7%   49.5%   50.3%   49.5%   45.0%
SB10      NA   50.0%   43.7%   47.8%   48.4%   47.5%   45.0%
SB12   47.9%   51.5%   43.7%   48.5%   49.6%   48.1%   44.9%

SBOE2 is the one Democrat-held district in the table above. We’ll need to keep an eye on it during the 2021 redistricting process. SBOE districts were not part of any redistricting litigation in past cycles, but with three competitive seats up for grabs in 2020, which would swing control of the SBOE if Dems sweep them, I have to assume this will get a bit more focus next time around.

SBOE5 was on my radar before the 2016 election. It was carried by Hillary Clinton and is currently held by true believer wingnut Ken Mercer, so flipping it is both well within reach and a nice prize to have. SBOE6 shifted quite a bit from 2012 to 2016, and even more from 2016 to 2018. It’s all within Harris County and overlaps a lot of the turf that moved in a blue direction. As we’ve discussed before, this is coming from people who used to vote Republican turning away from the Trump Party at least as much as it is from new and newly-activated Democrats. That will be key to taking it over in 2020, as the gap in absolute numbers is just too big to overcome on turnout alone. Dems have an announced candidate for SBOE6 in Michelle Palmer; I’m not aware of candidates for other SBOE slots yet.

SBOE10 will be the toughest nut to crack. It gets about two-thirds of its vote from Travis and Williamson Counties, with about half of the remainder in Bell County. Running up the score in Travis, and continuing the red-to-blue transformation of Williamson will be key to putting this district in play, but all those small rural districts combine to give the Republicans an advantage that won’t be easily overcome. I feel like we can win districts 2 and 5 with Trump still winning statewide, but we’ll need a Democratic majority statewide for 10 to truly be in play. I’ll be happy to be proven wrong about that.

UPDATE Former HCDE Trustee Debra Kerner has informed me that she also plans to seek this seat.

Explode, rinse, repeat

Here we go again.

A massive explosion at a chemical plant in northeast Harris County on Tuesday killed one person and sent two others to the hospital in critical condition, sparking a blaze that sent yet another plume of dark smoke into the sky and forcing residents to temporarily shelter in place.

The fire, ignited by a flammable gas called isobutylene at the KMCO chemical processing plant in Crosby, marked the third time in 17 days that a smoggy cloud of smoke emanated from a Houston-area chemical facility.

It is the first chemical fatality at a Houston-area plant since 2016, when a worker died in an incident at PeroxyChem in Pasadena. In 2014, four workers died at a DuPont plant in La Porte.

Responders extinguished the KMCO fire late Tuesday afternoon, while on-scene investigators with the Harris County Fire Marshal’s Office began conducting interviews to determine where the fire started and what caused the gas to ignite.

“There’s a lot of hot metal in there,” said Rachel Moreno, a fire marshal spokeswoman. “Until it’s safe for our guys to go in, they’ll continue doing interviews of everybody that was at work.”

The response will stretch Harris County’s resources, Moreno said, as the fire marshal’s office begins its second major investigation in less than three weeks. The site of an even larger conflagration at Intercontinental Terminals Co. in Deer Park less than 15 miles away on March 17 remains too unsafe for investigators to visit.

[…]

KMCO, a subsidiary of an Austin private investment firm, produces coolant and brake fluid products for the automotive industry, as well as chemicals for the oil field industry. Its facility, which has a history of environmental and workplace safety issues, sits about 13 miles away from the ITC plant, where Harris County officials continued to detect carcinogenic benzene this week.

The KMCO plant is less than three miles from the Arkema facility where a series of explosions spewed chemicals and sickened residents after Hurricane Harvey in 2017.

Let’s talk about that history, shall we?

“As long as I’ve been doing environmental work for Harris County, I’ve been involved in case with this company, either with the previous owner or the current owner,” said Rock Owens, managing attorney for the Harris County Attorney’s environmental section. “And I’ve been doing this for close to 30 years. This company has been around forever causing trouble.”

[…]

On Christmas Eve 2010, a runaway reaction sent three employees at the plant to the hospital. Workers there couldn’t lower the pressure in a reactor and, as they tried to fix a clogged line, they accidentally mixed a caustic solution with maleic anhydride, a normally stable chemical. The result was an explosion and fire. An explosion in 2011 sent two more workers to a hospital.

[…]

Since 2009, KMCO has paid out more than $4 million in fines or criminal penalties to local and federal regulators.

In 2017, the company pleaded guilty to criminal violations of the Clean Air Act filed by the Environmental Protection Agency and was ordered to pay $3.5 million. The violations were in connection to an explosion at its Port Arthur facility and air emissions at the Crosby plant.

The Occupational Safety and Health Administration has issued dozens of violations to KMCO since 2010 and fined the company about $250,000.

The facility is currently not compliant with the federal Clean Water Act. KMCO was in violation of the act for seven of the last 12 quarters, records show. It violated the Clean Air Act three times in the last 12 quarters. EPA data shows the facility also violated the Resource Conservation and Recovery Act in February 2018. That law regulates how facilities handle hazardous and non-hazardous solid waste.

[…]

Harris County first sued KMCO in 1987. The company was ordered to pay $49,750 for violations of the Texas Water Code.

The county sued the KMCO plant in 2008 for spills and fumes that gave neighbors headaches. The lawsuit ended in 2009 with a permanent injunction requiring KMCO to pay $100,000 in civil penalties and to give investigators easy access to the facility and prompt notification of releases.

The county sued again in 2013; that case is still ongoing. Owens said the county attorney’s office is still deciding whether to add Tuesday’s incident to the existing case or bring a separate case against the company.

“While there’s been actions before, it hasn’t been sufficient,” said Luke Metzger, executive director of Environment Texas, an environmental advocacy group. “We should, in the 21st century, be able to prevent these kinds of things from happening.”

A Houston Chronicle report from 2016 found that there’s a major chemical incident every six weeks in the greater Houston area.

You’d really like to think that we could prevent this kind of thing from happening, wouldn’t you?

Sunday, this editorial board demanded that state officials hold polluters accountable — and not just after a disaster.

We didn’t expect to be repeating ourselves so soon.

But this is what happens in a state where environmental regulators are toothless tigers. Where the TCEQ trusts polluters to police themselves — in part out of necessity, since lawmakers don’t adequately fund the agency. Where violators avoid sanctions and routinely endanger Texans’ health without our knowledge. Where Gov. Greg Abbott and Attorney General Ken Paxton talk tough, maybe even file a lawsuit after an incident makes headlines, but look the other way when the smoke clears.

At this rate, the smoke will never really clear. There will be another fire. And another.

Another round of parents fearing for their children’s safety. Another community fearing the effects of chemicals and pollutants they can’t pronounce. Another black eye to Houston’s already bad reputation as a place where one shouldn’t breathe too deeply, a place where profits outweigh concern for public health.

As we’ve pointed out, Texas facilities in 2017 reported releasing more than 63 million pounds of unauthorized air pollution — including chemicals linked to cancer, heart attacks and respiratory problems, according to a report by Environment Texas. But, in the past seven years, TCEQ issued fines in less than 3 percent of such events.

“These repeated, disastrous fires and explosions can no longer be called isolated incidents,” Luke Metzger, director of Environment Texas, told the editorial board Tuesday. “The Texas petrochemical industry has a serious, chronic problem, and Texas workers and citizens are paying the price. How many people have to die, get hurt, get cancer or suffer respiratory failure before the state takes this seriously and overhauls our broken system of oversight?”

Texans, these are questions for Abbott and our other state leaders. It’s up to us to demand the answers.

The only way to get the answers you need is to vote for those who will give them to you, and against those who won’t. If the choices aren’t clear by now, I don’t know what to tell you.

More on McLeod

Here’s the Chron story on the bizarre accidental judicial resignation.

Judge William McLeod

The Harris County attorney’s office was notified in March that Judge Bill McLeod, a Democrat presiding over Harris County Court at Law No. 4, had filed a transfer of campaign treasurer appointment with the Texas Ethics Commission stating he was seeking the office of chief justice of the Texas Supreme Court.

Unbeknownst to McLeod, this filing triggered Article 16, Section 65 of the Texas Constitution which considers such an announcement by anyone holding a county judicial post an automatic resignation.

“This is insane,” McLeod said Wednesday. “All of the judges are going, ‘You did what? How? We didn’t even know (the constitutional provision) existed.’”

McLeod, who was elected in November, hopes that a different provision of the constitution will help rectify his mistake. Article 16, Section 17 states that a county Commissioners Court is not required to appoint a successor after a county officer resigns, and “may allow the officeholder who resigned…to remain in office” as a holdover. If this happens, McLeod would have to run again in 2020 even though he was elected to a four-year term.

[…]

McLeod is not the first judicial officer to fall victim to this provision. In 2013, Irene Rios, then a Bexar County (San Antonio) court-at-law judge, told county commissioners she intended to run for chief justice of the 4th Court of Appeals, triggering her automatic resignation. Rios remained in her seat for four weeks after her announcement before tendering her letter of resignation, and she continued to make legal rulings during that time.

A 1999 amendment to the Texas Supreme Court judicial code of conduct further affirms that judges can continue to hold judicial office while being a candidate for another judicial office.

[…]

Rodney Ellis, a Democratic commissioner, was noncommittal on McLeod’s future, stating: “I firmly believe that any action taken by Commissioners Court on this matter must uphold the Texas Constitution above all else and that principle is what will ultimately guide my decision on Tuesday.”

Commissioner Adrian Garcia and a spokeswoman for County Judge Lina Hidalgo, the two other Democrats on the court, did not respond to requests for comment.

Republican Commissioner Steve Radack said he would not be receptive to appointing a holdover for a judicial post.

“If he’s resigned then how can you justify having him as a holdover?” Radack said. “That’s certainly not the spirit of the law.”

See here for the background. As the story notes, the judicial code of conduct doesn’t override the Constitution, it just allows judges that aren’t subject to that Constitutional provision to run for other office while remaining on the bench. If you look at Chapter 16, Section 65, all the offices in question are county offices except for District Attorney. It’s a quirk of the code that’s surely a holdover from an earlier time (note the inclusion of public weighers), and when you think about it there’s no real logic to limiting that restriction to just those offices. But that’s the Constitution we have, so here we are.

As to what happens, who knows? Either three Commissioners agree with the argument that it doesn’t make sense to kick McLeod off the bench, thus allowing him to hold over till the 2020 election, or they don’t. Note that if McLeod has his sights on the Supreme Court, he would have to step down after 2020 anyway, as he wouldn’t be able to run to fill the remainder of his term. It’s a coin toss either way, and I don’t envy any member of Commissioners Court the decision.

UPDATE: The Washington Post covers the story, reprinted by the Trib.

UPDATE: Here’s a detailed legal argument in favor of retaining Judge McLeod, sent to me by Adam Milasincic. It’s pretty persuasive.

Texas blog roundup for the week of April 1

The Texas Progressive Alliance presents to you its complete, unredacted, and unsummarized roundup for the week.

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