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May 10th, 2019:

Score one for the Texas House LGBTQ Caucus

Nice.

Rep. Julie Johnson

Hours before a key deadline, Rep. Julie Johnson used a legislative maneuver known as a “point of order” to bump [a bill that LGBT rights advocates said would have perpetuated anti-gay discrimination] from the debate calendar. It’s now effectively dead, unless conservative lawmakers can find a way to resurrect it before a critical legislative deadline at midnight Thursday.

Johnson, D-Carrollton, said it was “an honor to be fighting this fight” and torpedo what she called “a very hurtful piece of legislation.”

“Hopefully this is the day discrimination against the LGBT community dies in the Texas House,” Johnson said. “I feel great. …I’m going to go celebrate.”

House Bill 3172 has alternately been called the “Save Chick-fil-A” and “most extreme anti-LGBT” legislation this year. Authored by Fort Worth GOP Rep. Matt Krause, it would have prohibited the government from taking any “adverse action” against someone for their “membership in, affiliation with, or contribution, donation or other support” to a religious organization.

The bill’s supporters said it would have helped avoid the situation faced by fast food chain Chick-fil-A, which was boycotted and booted from San Antonio’s airport for making donations to Christian organizations that oppose expanded LGBT rights. But lesbian, gay, bisexual and transgender advocates said the legislation would have given Texans a license to discriminate against people based on their gender identity or sexual orientation.

[…]

Johnson said she and her colleagues in the newly-formed Texas House LGBTQ Caucus worked hard to formulate different ways to kill the bill once they realized it had a good chance of being debated by Thursday, the deadline for representatives to pass House bills and resolutions.

First, she offered a point of order arguing the amended bill improperly expanded its scope. That was shot down. Then, Johnson said an analysis of the bill’s effects was inaccurate. That point of order was valid, parliamentarians said, as a handful of lawmakers cheered the bill’s demise.

Johnson said while she brought the successful point of order, killing the bill was a “group effort.”

“It was an honor to be chosen to be the messenger,” Johnson said. “The LGBTQ Caucus is in the House. We’re getting things done and we’re here to stay.”

This bill was high on the list of threats to the LGBTQ community. Killing it would be a big win. Nothing is truly dead until sine die, and bill author Rep. Matt Krause has said he will try to get this attached to something in the Senate, but knocking it off the calendar is a big help. Well done, y’all. The Trib has more.

House passes a bail reform bill

For what it’s worth.

Rep. Kyle Kacal

The Texas House gave an initial stamp of approval Thursday to a bill that addresses bail practices, which courts recently deemed unconstitutional in the state’s two most populous counties for discriminating against poor criminal defendants who can’t pay for their release from jail.

But a last-minute amendment actually limits who can be released from behind bars without having cash.

Reform advocates have called for a system that could get poor, nonviolent defendants out of jail before their trial, but the amendment by state Rep. Oscar Longoria, D-Mission, is more restrictive than current law on no-cost releases. It would not allow judicial officers to release defendants on no-cost bonds for numerous reasons, including if they haven’t shown up to a court hearing in the previous two years, were charged with a violent offense or were charged with a crime that involves more than 4 grams of a controlled substance.

House Bill 2020 was one of several bail reform measures filed this year after federal court rulings, jail deaths and a state trooper’s murder drew attention to Texas’ pretrial jailing practices after the last legislative session. As it was presented to the chamber, the bill would have required officials to consider a defendant’s risk of danger or skipping court before making bail decisions. The successful amendment nixed that requirement if a defendant is released on a preset bail amount.

The bill’s author, state Rep. Kyle Kacal, R-College Station, said he worked in coordination with Republican Gov. Greg Abbott’s office on the measure, but it has changed significantly since it was filed in March. One of the most notable revisions before coming to the floor was that it no longer puts the power over systemic bail changes under the governor’s office.

[…]

Longoria’s amendment drastically alters the bill, but he emphasized that the move to restrict release for defendants on personal bonds — which have no upfront cost — for some defendants was based on safety, noting that it limited no-cost release for sexual assault and family violence offenses.

“It was more of a community safety issue,” he told The Texas Tribune after the bill passed. “A lot of judges don’t have the proper training to basically admonish the defendants and set proper bond.”

The amendment went against what many advocates have pushed for, and Marc Levin with the Texas Public Policy Foundation, a conservative think tank, said he would push to have the Senate remove it if the bill finally passes the House.

“It certainly would contribute to inequality in the system, and it could contribute to dangerous people who have money being released when they shouldn’t,” he said.

Some bail reform advocates have also criticized the bill for still relying on money bail instead of presuming release on no-cost bonds for nonviolent defendants. At a hearing last month, the criminal justice advocacy group Texas Fair Defense Project claimed the bill at that time didn’t adequately address federal court rulings that said Harris and Dallas counties’ bail practices kept people in jail simply because they were too poor to pay their bonds, and the group called for individual bail hearings within two days. The organization also said the bill’s requirement of a risk assessment would prohibit judges from automatically releasing from jail most misdemeanor defendants on a no-cost bond. Newly elected judges in Harris County adopted that practice amid legal woes the county faced from the federal ruling.

“We would like to see … that they’re still allowed to make a decision to automatically release defendants on really low-level, nonviolent offense,” Emily Gerrick, a staff attorney for the organization, said at the hearing.

Amendments to allow counties to release defendants on no-cost bonds before a risk assessment and to address the court rulings that called for individualized bail hearings failed Thursday.

See here and here for the background. Earlier bills by Rep. Andrew Murr and Sen. John Whitmire appear to be dead at this point, so it’s this bill or nothing. Grits believes none of these bills were going to address the main constitutional flaws in the existing system, which should be clarified in the coming months by the Fifth Circuit. After reading through this story, I’m inclined to agree. If this bill falls short of what the court is likely to order, what’s the point? Whatever the case, it’s up to the Senate now.

Buzbee files another lawsuit

Tony Buzbee does what Tony Buzbee does.

Houston mayoral candidate and attorney Tony Buzbee has filed a lawsuit on behalf of two companies that allege they were fraudulently listed as subcontractors by two companies that later secured millions of dollars for Hurricane Harvey relief work from the city of Houston.

Filed Tuesday in Harris County, the action alleges that Blessed Enterprises and A-Status Construction LLC were unaware that they were listed as minority-owned subcontractors by Burghli Investments and Tegrity Houston LLC, which each received $66 million from the city to help rebuild or rehabilitate homes affected by the storm.

They allege that the companies committed “fraud, misappropriation and implied breach of contract” in order to meet diversity goals and obtain contracts that were approved by City Council. The owners of the companies represented by Buzbee said they learned they were listed on the bids through a website run by the Office of Business of Opportunity, which monitors the program.

[…]

At a Tuesday press conference, Buzbee said he filed the lawsuit out of concern for minority-owned businesses that “routinely are shut out” of the bid process and “never get a piece of the pie.”

The companies he represents are both certified for business with the city, but say they have never received a contract. They say the city’s bid process is unfair, and that the allegedly fraudulent use of their names could damage their reputations and, thus, their ability to get future contracts.

“I worked hard to get where I am,” A-Status Construction owner Raquel Boujourne said “I find it extremely unfair to see these same companies be awarded contract after contract while I am over here working my butt off… Businesses like ours, the little guys, are taken advantage of and the city does not lift a finger to do anything about it. It is a huge problem.”

Buzbee also claimed that Burghli Investments received business with the city because it gave campaign contributions to Turner, despite having been sued multiple times for tax delinquency.

The city’s bidding process, Buzbee said, is “not about who you are, it’s about who you know.”

Turner called the allegations “ludicrous” and “vague.”

“Mayor Turner has received no donation from the owner of Tegrity,” a spokesperson for his re-election campaign said in a statement. “He received one donation from Deanna Burghli of $2,000 in December 2015 before he was elected mayor. In that same month, Mr. Buzbee and his wife both maxed out donations to Mr. Turner of $5,000 each, along with donations from his law firm staff. This again shows Mr. Buzbee will say, do and spend anything to be elected mayor.”

Like I said, this is what he does. I’m starting to think that filing all the lawsuits and conducting crappy robo-polls are the entirity of Buzbee’s campaign strategy. Though honestly, I shouldn’t underestimate his ability to dream up stupid stunts. It’s his money, but boy I wish he’d have picked a less public midlife crisis to pursue.