More on Kim Ogg

Here’s the full Chron story about Kim Ogg’s declaration that she will run for Harris County DA as a Democrat in 2014.

Kim Ogg

“I have the varied experience in policy, in prevention and in prosecution that I think gives me a broad overview of the system,” Ogg told reporters on the steps of the historic 1910 Harris County Courthouse. “The problems we face are complex.”

Ogg, 54, is the first Democrat to announce a run against Devon Anderson, who was appointed last week to complete her recently deceased husband’s term and is expected to run in the Republican primary in March.

Ogg said she applauds Anderson, 47, for taking over the unexpired term, but said the widow is not yet the GOP nominee.

“I look forward to debating real issues with whoever the Republican nominee is,” she said.

Ogg said her first order of business would be to reverse the district attorney’s so-called “trace case” policy.

[…]

Ogg also said the district attorney’s office should be working harder to keep the mentally ill out of jail.

“I’m afraid we’ve got the jails full of low-level mentally ill people rather than the truly dangerous people who are running our streets.”

See here for the background. Ogg is right to focus on the causes of the uptick in the Harris County jail population, which definitely is something a DA can affect. Focusing on mental illness and the need to divert the mentally ill from jail to treatment is a good and productive thing to do, too. (Expanding Medicaid would also have a significant positive effect on this problem, but alas, that is something that the DA – and the Sheriff, and the County Judge – do not have any control over.) I’d like to see Ogg address the issue of personal recognizance bonds as well, but this is a good start.

One more point of interest from the story:

Among dozens of other supporters who watched Ogg announce, former First Assistant Jim Leitner said he is behind Ogg.

“I’m supporting her because she the right person for the job,” Leitner said. “I’ve been able to see firsthand how she works ‘outside the box’ to get the problem of crime solved in Harris County.”

Leitner ran unsuccessfully in the GOP primary in 2008 and became the top lieutenant for the eventual winner, Lykos.

This may be a suggestion that the Pat Lykos supporters will fight their battle in November rather than March, which if so would seem to be a wise choice given that the result last March was lopsided while the result last November was close. I don’t know if Leitner is representing a group or just speaking for himself, and either way that doesn’t mean Devon Anderson will have a clear path to the GOP nomination. Nonetheless, it’s worth noting. Murray Newman has more.

Posted in Election 2014 | Tagged , , , , , , , , , | 3 Comments

Endorsement watch: HCC Trustee

The Chron makes its recommendations in the HCC Trustee races, though they manage to get the district wrong in one of them.

We recommend the following candidates for election to the nine-member HCC board:

District 1: This northside district, redrawn to include the impoverished Gulfton neighborhood in southwest Houston, is in sore need of a change in representation at HCC. Our choice to return effective leadership to the District 1 seat is Zeph Capo A first-generation college graduate, Capo knows firsthand the importance of HCC as a pathway to meaningful work, especially for those many coming from economically disadvantaged backgrounds. He would be a strong advocate for this important constituency.

District 2: Incumbent Bruce Austin, the HCC board’s longest serving member, has earned another six-year term to represent this northeast Houston district. Austin’s is a moderating voice informed by deep institutional knowledge and a clear recognition of the need to work with K-12 to improve the quality of HCC entrants.

District 3: To finish the remaining two years of an unexpired term, we recommend Adriana Tamez. The Denver Harbor native combines intimate familiarity with the southeast Houston district and strong credentials as an education professional. We believe her presence would be a particular help in changing the board tone and direction.

District 7: Incumbent Neeta Sane would bring energy, ideas and integrity to a second term representing a rapidly growing service area in the Fort Bend communities of Alief, Stafford and Missouri City. Sane, who became a U.S. citizen in 2005, has been an HCC trustee since 2007 and has represented the area since it was annexed in 2008. A small business owner, she brings an understanding of the bottom line as well as education to the board table.

District 8: Voters in this Rice/West University area district are filling an open seat. Our choice is Robert Glaser, a lifelong Southampton resident and independent businessman. Glaser gets it. He would bring a deep understanding of the requirements of Houston area business and industry for skilled workers and recognizes the “huge role” HCC must play.

Glaser, of course, is running in District 5, which was vacated when Richard Schechter stepped down and interim Trustee Leila Feldman declined to run; Feldman has since resigned and the seat remains open pending another appointment to fill out the term. Quality control, y’all. Beyond that, I don’t have anything particular to say about the Chron’s choices, all of which are reasonable. These races are important and they get very little attention, and I’m sorry that I’ll only be interviewing candidates in District I this year, as I just don’t have the bandwidth to do more than that. Check your registration to see what district you’re in, and get to know your HCC trustee or trustee candidates.

Posted in Election 2013 | Tagged , , , , , , , , , | 2 Comments

She’s in

Fired up and ready to go! From the inbox:

Sen. Wendy Davis today announced her intention to become the next Governor of Texas to a capacity crowd of supporters at the Wylie G. Thomas Coliseum near Fort Worth, where Davis received her high school diploma.

“We love Texas not only for how good it is, but for how great we know it can be,” Senator Davis said in her speech. “With the right kind of leadership, the great state of Texas will keep its sacred promise that where you start has nothing to do with how far you can go” she added.

During her announcement speech, Sen. Davis touched on issues important to Texas families, including jobs and education.

“We’re here because we want to fight for Texas jobs and help Texas companies grow,” Sen. Davis added. “We’re here because we want every child, no matter where they start in Texas, to receive a world-class education to take them anywhere they want to go, so that success and opportunity is within reach of every single Texan, and no one in this great state is ever forced to dream smaller instead of bigger.”

Born to a mother with a sixth grade education, Sen. Davis began work at the age of 14 to help her mother and three siblings. As a single mother living in a trailer park at 19, Davis learned of a paralegal program and enrolled at Tarrant County Community College through a pamphlet given to her by a co-worker. Davis eventually transferred to Texas Christian University and worked her way through college and with the help of financial aid and student loans. She eventually graduated with honors from Harvard.

Sen. Davis has served as a Texas State Senator since 2008 in Texas Senate District 10, where she unseated a longtime incumbent by building a coalition of voters in a district that reflects a true snapshot of Texas.

During her time as a State Senator, Davis was able to pass a number of important bills to protect Texas families. She co-sponsored SB 859, a bi-partisan bill that would help exempt certain research and development activities and grow the Texas economy. She also won approval of a measure to reduce the enormous backlog of untested DNA evidence in rape kits that so that police and prosecutors will have the evidence needed to police and prosecutors put sex offenders behind bars.

Prior to being elected to the State Senate, served nine years on the Fort Worth City Council, where she was a leader in economic redevelopment, attracting over 260 million dollars of investment that created thousands of news jobs in Tarrant County.

Visit the Wendy Davis campaign website: http://www.wendydavistexas.com

Follow the campaign announcement on Twitter: #teamwendy

Contact Information: press@wendydavistexas.com

Here’s the Trib story, here’s a preview of the race from Abby Rapoport, and here are eight reasons to be optimistic about Davis’ chances. Comparisons to 1990 are easy and likely to be lazy to make, but this is the first open-seat Governor’s race since then, and on the surface at least it’s hard not to see some parallels. Just remember that we all have a part to play in this, and there are plenty of things you can do to help if you want to. We’ve got our captain in place, now we need for the rest of the crew to sign on. Let’s get ready to get a move on.

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Interview with Anne Sung

Anne Sung

Anne Sung

Challenging Harvin Moore in HISD district VII is Anne Sung. Sung would be somewhat of a rarity among trustees in that she has actual classroom teaching experience – seven years in the Rio Grande Valley with Teach For America, as well as experience at Lee High School in Houston where she taught physics and was Teacher of the Year. Currently the Director of Strategic Planning and Public Policy at the Harris County Sheriff’s Department, Sung has degrees in physics and public policy, and has done volunteer work in education as the co-founder of Community Voices for Public Education and as coach of the Texas American Regions Math League team. Here’s what we talked about:

Anne Sung interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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Why the Affordable Care Act will make a real difference to many people

This is what it’s all about. The following was written by a good friend of mine, who has been eagerly awaiting October 1 and the opening of the insurance exchanges. I asked him to write about his experience with getting insurance via the exchange. This is his first installment:

It's constitutional - deal with it

It’s constitutional – deal with it

I am in my late 40’s, male, don’t smoke. I weigh almost 300 lbs, have high-blood pressure, high triglycerides, and low good cholesterol. I have a wife and two kids.

I had company-provided health insurance until my company laid me off in April of 2012. My COBRA rates were exorbitant ($1700/month), so I applied for a discounted individual policy through my affiliation with the American Federation of Musicians. After a lengthy application process, I got an email that told me that everybody on the application was approved, except for me. This was with Blue Cross/Blue Shield of Texas. I called them and talked to a representative. Evidently, my weight was considered a pre-existing condition, and that disqualified me. In addition, they told me that:

– My name was now in a national do-not-insure registry for the next two years, so even if I lost weight down to their threshold (which they would not tell me), I would have to wait for two years to reapply. And every insurance company would look at that database. She said that each company had different limits, but once they had turned me down, they all would. I verified this independently by calling United Healthcare. They told me the same thing, but at least they told me their weight threshold was 265 lbs. for somebody 6’0″ like me.
– They also told me about the “high risk pool”, but said I needed to go without insurance for six months in order to qualify.

I took another job in late 2012, but they had a 3 month waiting period for full insurance; they offered a very limited emergency-only policy until then. We decided to continue with COBRA+Blue Cross until the employee provided insurance kicked in.

In September 2013, I took a job as a consultant. Unfortunately, that meant I no longer had employer-provided insurance, although they say I will get a COBRA form soon, and that they can backdate anything to my termination date. I anticipate it being really expensive. My consulting contractor provides another emergency-style policy, which we are taking, assuming that I can get insurance via the medical exchange in January. It’s a risk that we won’t have major medical problems come up in the next few months. The extra expense for doctor’s visits and prescription drugs are still going to be cheaper than COBRA.

Cost breakdown: Me + family of four

Employer provided (early 2012): $332/month
COBRA (all of us): $1696/month
COBRA for me + insurance for 3: $1203/month
Employer provided (through September 2013): $318/month
Emergency policy: $436/month (very little coverage for non-emergencies)

I am sitting down today to sign up for insurance for my family. We’ll see what happens…

He tried to sign up yesterday after he wrote that, but experienced the same site-too-busy problems that many other folks did. He will send me an update after he successfully navigates the exchange. I’ll run that when I get it.

Lots of other people were writing about their experiences, or the experiences of their friends, who are now able to get health insurance for the first time. John Scalzi, noting a friend of his that can finally get covered, wrote how he was one of the very few self-employed writers he knew that didn’t have a no-insurance horror story to tell. Jef at Hair Balls wrote about the effect for some local musicians. Alyssa Rosenberg spoke more generally about how access to affordable health insurance will make life better for artists and small entrepreneurs because it helps mitigate risk for them. Never forget, Ted Cruz and the entire Republican shutdown caucus are fighting against the health and well-being of all these people, their families, and millions more like them. That’s what this is all about.

And that’s why they’re fighting so fiercely, because they know how bad the politics of this is going to be for them once everyone is signed up.

The juxtaposition of Tuesday’s two top stories was extraordinary.

The top story all day was that Republicans had shut down the federal government because President Obama wouldn’t defund or delay the Affordable Care Act. The other major story was that the government’s servers were crashing because so many people were trying to see if they could get insurance through Obamacare.

So on the one hand, Washington was shut down because Republicans don’t want Obamacare. On the other hand, Obamacare was nearly shut down because so many Americans wanted Obamacare.

The coming days will be a major test of the IT infrastructure supporting the Affordable Care Act. The online marketplaces were flooded with eager applicants on Tuesday — a rush that far exceeded the expectations of marketplace directors. Reuters estimates that they got more than 10 million visits. But many of those applicants faced slow pages and error messages. Some waited hours to sign up for Obamacare. Others resolved to come back later.

The Obama administration’s line is that the glitches were nothing more than a new product being hit with unexpected levels of demand. “We found out that there have been times this morning where the site has been running more slowly than it normally will,” President Obama said. “The reason is because more than one million people visited healthcare.gov before 7:00 in the morning.”

If that’s really the reason and the technical problems were caused by nothing more serious than overwhelming traffic then the law will be fine. But if the error messages and slow pages are persistent problems in the coming weeks, that’ll be a more serious problem. People will come back once or twice. But they won’t struggle endlessly with a buggy web site. And if the Obama administration hasn’t managed to set up a usable online marketplace given all the time they’ve had to prepare, then that’s a tremendous failure on their part.

Sadly, the American people are still struggling with a buggy Congress — and it’s not clear any fix is in the offing. It was strange and slightly perverse to watch Obamacare open and be flooded with people desperate to sign up for health insurance even as the government closed because Republicans wanted the law ripped out, or at least delayed. In some quarters, Republicans mocked Obamacare’s technical problems, but the jokes were wan: Overwhelming demand for the law is not a boon to the GOP’s position.

This is, of course, precisely what Republicans were scared of: That a law they loathe would end up being enthusiastically embraced by millions of Americans — and thus proving permanent. It’s Obamacare’s possible success, not its promised failures, that unnerve the GOP.

At this point, though, their fight continues even as their cause is lost. With people already signing up for insurance under Obamacare and insurers already selling insurance under Obamacare it’s no longer credible to promise repeal or delay. Republicans need an actual answer for all those people.

As Tuesday proved, there are going to be problems with Obamacare, and it’s nearly certain that the GOP could come up with ways to reform, improve, or even replace it if they were sufficiently committed to improving the country’s health-care system. But as Tuesday also proved, millions of Americans have been waiting for something like Obamacare, and now that they’ve got it, they’re going to want to keep it.

Sure there are some entirely predictable and expected problems with the rollout, problems that have more to do with high volume than anything else. That will all get worked out soon enough. The bottom line remains that the government is finally, finally doing something to help millions of people who really needed it. Sadly, thanks to the intransigence of Republican governors like Rick Perry, there are millions more who could be helped by expanding Medicaid but won’t be. That’s a fight to return to another day. For now, we celebrate this big step forward. If you have a story to tell about needing insurance and finally being able to get it now, let me know.

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Lyceum poll: Abbott over Davis, 29-21

Make of this what you will.

Sen. Wendy Davis

Sen. Wendy Davis

Republican Greg Abbott is leading Democrat Wendy Davis by 8 points in a hypothetical matchup for Texas governor, but it’s a statistical dead heat among women, according to a Texas Lyceum Poll of registered voters released Wednesday.

Abbott, the attorney general, leads Davis, a state senator from Fort Worth, 29 percent to 21 percent in the poll, with a whopping 50 percent undecided. The poll has a margin of error of +/- 3.47 percentage points.

Abbott’s lead shrinks to 2 points, within the margin of error, when only women are counted. In that slice of the electorate, Abbott had 25 percent and Davis was at 23 percent, with 51 percent undecided.

Davis, who is expected to announce her campaign for governor on Thursday, leads Abbott 36 percent to 10 percent among black voters and 22 percent to 18 percent among Hispanic voters in the poll. Abbott has a lopsided lead over Davis among independents — 18 percent to 8 percent — but in that group, 74 percent are undecided.

Cal Jillson, a political scientist at Southern Methodist University, said he found the gender gap “intriguing.” Given the fact that white Texans make up two-thirds of the electorate and routinely give 70 percent or more of their votes to Republicans, Davis needs to peel off white suburban women from Abbott if she has any hope of winning.

Here’s the homepage for Lyceum polling, and for their 2013 poll. The press release for this poll is here, the executive summary is here, the poll results are here, and the crosstabs are here. I think this poll is mostly a recapitulation of name recognition, though I find it interesting that there were still this many non-answers given that both Abbott and Davis’ party memberships were mentioned. It should be noted that there was a significant gender gap in the 2012 poll results as well – see page 43 of the crosstabs for the Presidential numbers, in which Romney led Obama 63-33 among men but only 50-43 among women. Everyone knows that winning over women will be a key part of Davis’ strategy, so this will be worth watching as we go forward.

More from Trail Blazers:

There is something in the survey to hearten both candidates, pollster Daron Shaw said.

Davis should be bolstered by the fact that Abbott – despite 12 years as attorney general and five on the Texas Supreme Court – is not established with voters, Shaw said.

She still has the opportunity to tie him closely to his former protégé Ted Cruz, paint him as extremist, or define Abbott as she likes, he said.

Abbott could look at the numbers and see that if the 50 percent of undecided voters break like the rest, then the results would be 58 percent for him and 42 percent for Davis, Shaw said.

Those numbers are similar to the 2010 governor’s election when Gov. Rick Perry beat Democratic contender and former Houston mayor Bill White by 55 to 42 percent.

“If I’m Abbott, I’d be up 16 percent over the woman who’s supposed to be the celebrity of the Democratic Party. So whatever star power came to her, it hasn’t seemed to move the dial,” he said.

I don’t know that you can make that assumption about how the vote would be split among the non-answer folks. That’s pretty much going to be the crux of the whole campaign. Of interest will be whether Abbott starts spending some of his gazillions of dollars now to try to define Davis before she can amass a campaign war chest. If I thought Abbott had any idea how to talk to non-Republican primary voters, I might be a bit concerned about that. Given the track record so far, staying quiet for now is probably the wiser course.

Finally, Ann Richards’ former campaign manager has some words of wisdom for Team Davis. Seems like a lot of the things that were true in 1990 can or will be true next year, too.

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Texas blog roundup for the week of September 30

The Texas Progressive Alliance is ready to stand with Wendy as it brings you this week’s roundup.

Continue reading

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An awful lot of people tried to sign up for insurance exchanges on Tuesday

That’s a very good thing, even if technical difficulties prevented many of them from completing the job.

It's constitutional - deal with it

It’s constitutional – deal with it

On the first day of sign-ups for President Barack Obama’s health care reform, a wave of consumers across the nation, including many Texans, sought Tuesday to enroll in online health care marketplaces, but glitches with the federal website prevented them from obtaining information about coverage plans and rates.

“I wanted to get in and see what my options are to get signed up,” said Suezen Salinas, 31, who sought help at Legacy Community Health Services in Houston. “Apparently, there are a few glitches in the system, so it’s not letting us get past a certain place to be able to set up my profile and begin.” Salinas described herself as “disappointed, but I’m still excited.”

By midafternoon the Obama administration sought to quell the complaints from across the country.

Marilyn Tavenner, administrator of the Centers for Medicare & Medicaid Services, contended problems were resolved and that consumers were, in fact, able to enroll. But during a telephone conference with reporters she refused to disclose a number, saying “we decided not to release that yet.”

Tavenner said 2.8 million people visited the federal healthcare.gov website since it opened Tuesday morning, but that it was unclear how many of those were repeat users.

“This is day one of a six-month process,” Tavenner noted, adding that people have until March 31 to enroll for insurance. Those who enroll by Dec. 15 will begin coverage on Jan. 1.

As the story notes, five times more than have ever been on the Medicare.gov website at one time were on healthcare.gov trying to use the exchanges. That’s truly incredible, and speaks very loudly to the deep, abiding need for this service. Just imagine for a minute how many more people could be getting coverage right now if the Republican Party hadn’t been engaged in a four year jihad to sabotage and undermine it at every step.

The Trib has a report that was updated a couple of times during the day that reported on some of the experiences folks had in Texas. This bit from their most recent update was really annoying to read.

The Brownsville Community Health Center had 50 people show up on Tuesday ready to sign up for health coverage — many even brought pay stubs and income documentation — but not a single one of them had an email address.

“If you don’t include an email address, they won’t let you through,” said Christela Gomez, the special projects coordinator and lead certification application counselor at the center. Although the center considered helping people sign up for an email account, Gomez said many weren’t comfortable with the idea because they did not have a computer to access the email address later. “Quite a few didn’t even know what an email address was,” she added.

The center’s certified application counselors helped the patients fill out paper applications, but they’ll have to wait for a written response from the federal government to find out whether additional documentation is needed or whether those applicants qualify for tax credits.

Some of the questions on the paper application were difficult for patients to answer, said Gomez. One man who came in to receive assistance finding health coverage currently works as a truck driver, she said. He earns 30 cents per mile, and his income can range from $50 to $100 a week.

“We didn’t really know how to fill in the income part with him,” she said, adding, “We kind of just wrote it in on the side, his situation.”

Paula Gomez, the executive director of the center, said her patients are mostly adults who are too young to qualify for Medicare. Although most of her patients have jobs, pay taxes and want to cooperate with the health care system, there are extenuating circumstances like language barriers that make it difficult.

“I’m sure there are pockets like ours all over the country,” Gomez said. She added that the federal government should be more flexible and consider the different situations people are facing across the country. “They think in terms of everything that’s going on in Washington, D.C., but they don’t look at the reality of the rest of the world in the United States,” she said.

You know what might have addressed that problem? If the state of Texas had created its own exchange, since the whole idea behind state-based exchanges was that local folks would know their interests and their population better than a bunch of distant bureaucrats in DC. If we lived in a state whose leaders cared about its people, that’s what we would have gotten. Instead, we’re stuck with the likes of Rick Perry, David Dewhurst, Greg Abbott, and the like, and this is the result. The fact that we’re using the federal exchanges here in Texas doesn’t mean that people won’t get signed up, and it doesn’t mean that they won’t be able to buy quality plans. But the experience could have been better, and it could have been more Texas-oriented, if Perry et al gave a damn. I understand politics, and I get doing what you can to screw your enemies. I don’t get screwing your own people.

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Interview with Harvin Moore

Harvin Moore

Harvin Moore

Harvin Moore has been the HISD Trustee in District 7 since 2003. A former national bank examiner for the U.S. Department of the Treasury, Moore is now the senior vice president for finance and operations at a local aerospace company. He had a long history of involvement in education before being elected to the HISD board, having tutored and taught at-risk students in New York and Houston, and serving on the boards of things like Teach For America-Houston, KIPP Academy, the Houston Teachers’ Institute, and the Houston Livestock Show and Rodeo Reading Institute for Teacher Excellence, among others. He also blogs about education matters on his website; there’s a transcription of an interview he did with the Houston Business Education PAC that you might want to read in addition to listening to my interview with him:

Harvin Moore interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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Enroll SA

San Antonio leads the way.

San Antonio city officials and the area’s largest nonprofit health plan have launched separate websites to help residents understand the federally run health insurance marketplace opening Tuesday. The Affordable Care Act requires most people to have health insurance coverage in 2014.

The city’s web page can be found at sanantonio.gov/metro-health/AffordableCareAct.aspx.

It is geared toward small-business employees and owners, freelancers, independent workers and unemployed residents without health insurance. It is intended to help those seeking information about the insurance marketplace.

The page offers a basic outline about the Affordable Care Act, explains what type of medical services must be covered by health insurance plans and describes who is eligible for reduced premiums through the marketplace.

There’s a link to this, with the Enroll SA graphic, on the San Antonio city government homepage. So far at least I don’t see anything like it for other cities such as Houston, Dallas, or Austin. However, on the Texas Organizing Project’s Health Insurance Marketplace page, which has a lot of useful exchange-related information, there are local addresses in Houston, Dallas, and the Valley. Lord knows, the state isn’t going to do anything to help the people who can now get coverage under the Affordable Care Act – indeed, the state is doing everything it can to keep them from knowing about the exchanges – so it’s up to the cities to pick up the slack. San Antonio is showing how it’s done. Kudos to them for it.

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Southwest breaks ground at Hobby

Get ready to dodge construction at Hobby Airport.

The 280,000-square-foot expansion is scheduled for completion before the end of 2015, with short-hop international flights to cities in Mexico, the Caribbean, and Central and South America to begin by 2016. This will increase Hobby’s physical footprint by more than 40 percent.

“It’s on time. It’s on budget. We are pretty happy,” Bob Montgomery, Southwest’s vice president of airport affairs, said in a recent interview. “The city of Houston estimated lots of jobs and a huge economic benefit to come from this project. That is absolutely on track.”

Southwest originally estimated to Houston City Council last year that it would spend $100 million. Officials said the actual cost was higher once design and contracts were firmed up.

The airline also had announced it would start construction in May, but a federal environmental inspection delayed the groundbreaking by a few months, Montgomery said. The project was given environmental approval in August.

Houston Airport System director Mario Diaz said the agency will build a $55 million parking garage with 2,500 parking spaces, four to five parking floors and a third-floor pedestrian bridge to the terminal.

It will also spend about $17 million on roadway modifications, including elevated roadways and an extended drop-off curb. The rest, roughly $13 million, will go toward a new central unit that controls air conditioning for the new part of the airport.

See here, here, and here for some background. Southwest will spend about $156 million on the expansion, while the city will spend an additional $85 million. There’s still a concern about ensuring there are enough Customs agents to handle the incoming traffic from the five new gates, but I feel reasonably confident that will be worked out in time. As long as no one is counting on Ted Cruz to be of any help in the matter, at least. The Houston Airport System press release is here, and Prime Property has more.

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Ashby lawsuit to proceed

I’ll be darned.

Sue me!

A judge has declined to dismiss a key piece of a lawsuit against the developers of 1717 Bissonnet, a proposed 21-story residential building widely referred to as the Ashby high-rise.

The developers were denied a request that would have thrown out the plaintiffs’ attempt to seek a permanent injunction to halt the project.

The case is now headed for a jury trial set to begin in November.

[…]

State District Judge Randy Wilson issued a denial for partial summary judgment requested by the defendant on Sept. 20.

In a written statement, Buckhead said the petition’s claims are without merit and could lead to a “chilling effect on the development of new real estate projects.”

“This lawsuit is a serious threat to urban growth and economic prosperity throughout the state of Texas,” it said. “If successful, the resulting lack of predictability and uncertainty in the law would invite a flood of similarly styled litigation aimed at stopping projects subjectively deemed as inappropriate or undesirable by any individual or like-minded group of would-be plaintiffs.”

The lawsuit was filed in May. I didn’t think much of its chances, and to be honest I still don’t. But who knows? The old apartments on the Ashby site have been demolished, the developers have their permits, and they vow construction will begin this fall. We’ll see if they’re right.

Posted in Elsewhere in Houston | Tagged , , , , | 1 Comment

Interview with Hugo Mojica

Hugo Mojica

Hugo Mojica

Opposing Anna Eastman in HISD District I is Hugo Mojica. The Executive Director of the Greater Northside Chamber of Commerce, Mojica is a longtime community activist, serving on numerous volunteer groups for Davis High School and on Parents for Public Schools of Houston, as well as on the Melrose Civic Club and on Metro’s Northline Community Advisory Board. He was a candidate in the special election for Houston City Council District H in May, 2009. Here’s what we talked about:

Hugo Mojica interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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Early To Rise referendum probably would have passed

For what it’s worth.

It’s one of those questions we always ask ourselves in love, life and politics: What if?

In this case, what if the Early to Rise campaign had gotten its one penny tax increase for early education on the ballot?

“The good news for them is it was support for this. The bad news, of course, is they’re not on the ballot.”

That’s Bob Stein at Rice University. He conducted the poll. He found about 49 percent of likely voters said they would support it.

“When you tell people would you like to spend money on early childhood, particularly for training the parents and childcare providers skill sets that would help children get ready for first grade, you can probably get close to 50 percent. This would have been a real battle.”

Stein says 35 percent of voters said they opposed it. About 15 percent weren’t sure.

Jonathan Day with the Early to Rise campaign says those numbers are very encouraging.

“There’s no such thing as an inevitable election result. But surely the numbers confirm that the support is available and with strong public support and a strong campaign, we could have won this election.”

But there will be no election.

Harris County Judge Ed Emmett refused to put the measure on the ballot.

“When this all came to me, you know, it kind of ties my stomach in a knot because I’m trying to sort all this out and you have people, you know, chewing on you from all sides. But at the end it became just a question of what does the law say.”

Emmett says the campaign was trying to use an outdated law to get it on the ballot.

BOR prints a guest post from Fred Lewis of Texans Together that blames Emmett for the Early To Rise initiative not being on the ballot. I think that’s a bit misguided – ultimately, it was the 14th Court of Appeals that settled the matter. I think it’s highly likely that we’d be in the same position had Emmett accepted the petitions and Early To Rise had been the defendant in the lawsuit that would have certainly followed. Judge Emmett did give a blueprint for what to do next time, and it seems for sure that there will be a next time.

[United Way Bright Beginnings] program manager Mitzi Bartlett says ten years of data show children who come here do better in school later on.

“We’re learning about consequences. We are learning so that when we go into the workplace, we can work well with others, we can problem solve and we know to try again. We’re all right if we make a mistake.”

She says it’s all right to try again.

And that is what early education advocates say they will do.

I see no reason why this wouldn’t pass next year, if the poll from this year is accurate. If you look at the poll data – click “Early Education” to see the details for this question – and you’ll see that Anglos disapproved by a modest amount, Hispanic approved by a larger amount, and African Americans approved by an overwhelming amount. I believe that would make for a successful effort in 2014, and with some potential tailwinds from Wendy Davis at the top of the Democratic ticket, prospects could be even brighter. I hope they work out some of the bugs that should have been worked out this year, get the wording right on the referendum, and take another crack at it next year.

Posted in Election 2013, Election 2014 | Tagged , , , , , , , , , , , | 2 Comments

The water campaign begins

The most high profile constitutional amendment now has a campaign behind it.

Water Texas PAC

Supporters are laying the groundwork for an aggressive effort to educate voters and drown out opposition with roughly one month before early voting starts. A coalition of political action committees and business groups are leading the push.

The strategy will be bankrolled by a combination of those forces. A political action committee named Water Texas created specifically for the campaign is being led by House Speaker Joe Straus, R-San Antonio, and Rep. Allan Ritter, R-Nederland.

Like any high-powered campaign, the political playbook for the water proposition is set to include television and radio ads, direct mailers, phone banks, op-ed pieces and stump-like speeches, as well as meetings with local leaders. A heavy dose of Web and social media activity also is part of the formula.

In all, supporters are gearing for a potential multimillion-dollar campaign.

“We can’t risk losing this election. It’s too important for the future of the state,” said Bill Hammond, president and CEO of the Texas Association of Business, one of a number of groups backing the strategy. “This is just like any candidate who has to go out there and do the blocking and tackling to make sure they win an election.”

I think this is likely to pass – the advocates are much better funded and organized than the opposition, most people inherently understand the need to Do Something about water in Texas, and most amendments get passed as a matter of course. But who knows? The Water for Texas people have a Facebook page and a webpage, and I found another pro-Prop 6 Facebook page out there while looking around. While I don’t think this is the best thing ever, it’s good enough for me to support. What do you think about it?

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Court rules DOJ can intervene in 2011 redistricting case

Texas Redistricting:

The San Antonio court entered an order [Tuesday] allowing the Justice Department into the Texas redistricting case as an intervenor.

In somewhat of a surprise, however, the decision was 2-1, with Circuit Judge Jerry Smith dissenting.

The court majority – consisting of Judge Orlando Garcia and Judge Xavier Rodriguez – ruled that the Justice Department met the standards for intervention under the ‘government officer or agency’ provisions of Rule 24 and that the request was not untimely since:

Although the proposed Complaint in Intervention asserts claims under § 2 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments, the United States’ interest lies primarily in the § 3(c) relief tied to those claims, and its effect on the United States’ administration of § 5. Prior to the decision in Shelby County, there was no need for consideration of § 3(c) because Texas was automatically covered by § 5 … [B]efore Shelby County, the United States’ interest was focused on the § 5 litigation in the D.C. Court … However, after Shelby County, circumstances changed significantly, since § 3(c) became an issue for the first time … The United States has a direct interest in the construction and application of § 3(c) that was not present until after the Shelby County ruling.

Judge Smith dissented, arguing that DOJ’s request to intervene was untimely since it filed a statement of interest in the case in the fall of 2011 in the context of hearings to draw interim maps but “made no effort to intervene” at that time.

Seems pretty straightforward to me. All parties have until October 9 to submit their proposed trial schedules. Interestingly enough, even David Dewhurst thinks the court will make changes to the House and Congressional maps. Maybe someone in the AG’s office should heed that and start talking settlement. Texas Politics and BOR have more.

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Interview with Anna Eastman

Anna Eastman

Anna Eastman

I still have some Houston elections to cover here, but for this week we turn our attention to the HISD Trustee races. I have five interviews to bring you for these races, beginning with my Trustee in District I, Anna Eastman. Eastman, the current Board President, is serving her first term after winning a runoff in 2009 to succeed Natasha Kamrani. A former social worker, Eastman headed up Travis Elementary School PTA Ad-Hoc Transition Committee while it was undergoing expansion, and served as its PTA President for two years. I don’t usually state my preferences in these interview posts, but since I have already said that I plan to vote for Eastman I’ll say it again here, so there’s no confusion. Here’s the interview:

Anna Eastman interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

Posted in Election 2013 | Tagged , , , , | 2 Comments

First lawsuit filed over abortion restrictions

Good.

The next stage in abortion rights advocates’ efforts to block implementation of strict new regulations on the procedure in Texas began on Friday, as the Center for Reproductive Rights, the American Civil Liberties Union and a group of abortion providers across the state filed a lawsuit in federal court.

“Today’s lawsuit is a united strike back against the hostile politicians who have made clear their willingness to sacrifice the constitutional rights, health and even lives of Texas women in support of their extremist ideological agenda,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a statement.

The lawsuit asks the court to issue a preliminary injunction to stop the state from implementing the hospital privileges and medical abortion requirements in House Bill 2, the law state legislators approved in July. Absent the injunction, the state will begin requiring physicians who perform abortions to have active hospital-admitting privileges within 30 miles of where the procedure is performed and distribute abortion-inducing medications in person starting Oct. 29. The plaintiffs in the suit represent the majority of licensed abortion providers in Texas, including the four Planned Parenthood affiliates in Texas that provide abortion services, Whole Woman’s Health and other independent abortion providers in the state.

The lawsuit does not seek to block the ban on abortions at 20 weeks of gestation, which is also slated to take effect on Oct. 29, or the requirement that abortion facilities meet the structural requirements of ambulatory surgical centers, which takes effect in September of 2014.

Advocates anticipate filing a separate lawsuit seeking an injunction on the ambulatory surgical center provision before it takes effect.

We’ve known that a lawsuit was coming since shortly after HB2 was passed during the second special session. There’s been a ton of similar lawsuits filed around the country in response to the current wave of repressive anti-abortion laws. Those lawsuits have mostly been successful, in part because the desire to restrict access to abortion on the part of so many state legislatures has led them to push the boundaries way past what is legal, usually using bogus or fraudulent “science” as their justification. But as the Observer warns us, success in court elsewhere is no guarantee of anything here.

Much depends on the tenor of the courts in which the case is filed, as well as the political leanings of the federal appellate court where the suits are inevitably referred. Progress in other state courts is no indication of how a case might proceed in Texas.

The Ninth Circuit Court of Appeals, for example, found in favor of women’s health providers in Arizona, who argued that Planned Parenthood’s eviction from the state Medicaid program violated enrollees’ right to choose their health provider. However, a similar case in Texas was heard in the Fifth Circuit Court of Appeals, where the judge found that Planned Parenthood’s eviction from a federal Medicaid program was not unconstitutional.

Indeed, the Fifth Circuit Court of Appeals, where today’s lawsuit could go, is notoriously conservative. Caitlin Borgmann, law professor at CUNY School of Law, who is not involved with today’s filing, said: “The climate is bad for abortion challenges in the Fifth Circuit.” In January 2012, for example, Fifth Circuit Judge Edith Jones upheld a mandatory ultrasound law that had been overturned by a lower court.

Just yesterday, Governor Perry appointed Jeff Brown to the Supreme Court of Texas. He is an opponent of abortion rights and has been hailed by Texas Right to Life for his ‘pro-life’ views.

Yes, the Fifth Circuit is a problem, and their recent track record argues against getting one’s hopes up. This is all likely to wind up in the lap of the Supreme Court, which is a scary thought on a whole other level. That’s why I’ve been saying that the ultimate solution to this is to win more elections. We can’t count on the courts to protect us from malevolent legislators. We have to protect ourselves from them. Trail Blazers, the Chron, BOR, and Texpatriate have more.

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Kim Ogg to run for DA

That didn’t take long.

Kim Ogg

Kim Ogg, a former prosecutor, anti-gang investigator and crime prevention leader, told supporters Saturday that she will run for Harris County district attorney.

In an email, Ogg said she would announce Monday that she would run in the Democratic primary in the spring. Voters will choose a district attorney in November 2014.

Ogg is a former felony prosecutor in the district attorney’s office. She also has led Crime Stoppers of Houston and the city’s anti-gang task force.

She is the first candidate to formally announce a run for the office since the recent death from cancer of District Attorney Mike Anderson, a Republican.

[…]

“My focus will be to fight crime with 21st century tactics, and this will be accomplished through re-prioritization of resources, including forfeiture funds,” Ogg stated in her email. “On my first day in office, I will end the practice of accepting ‘trace drug cases’ where there is no evidence to convict and instead will shift the focus to dismantling organized crime from the top down.”

Ogg will formally announce her candidacy today. I’m familiar with Ogg’s previous work with the city, but I’ve not met her and didn’t receive the email, so this is all I know right now. I’m glad to hear that she would go back to the Lykos policy on trace cases, and her timing on that is propitious given the recent news about the jail filling up again. Assuming the Democrats can avoid another Lloyd Oliver situation, this has the makings of a very interesting race. If nothing else, as things stand we could have a race between two women for District Attorney. How often has that happened in Texas? In any event, I look forward to meeting Kim Ogg in the future and hearing more about her campaign.

Posted in Election 2014 | Tagged , , , , , , , , | 6 Comments

Endorsement watch: Saving the Dome

The Chronicle gives its blessing to the Astrodome renovation referendum.

There has been a lot of finger-pointing over the Astrodome’s mismanagement, but come Election Day it only matters that voters point their fingers to the ballot button and approve the $217 million bond initiative to save the Dome.

[…]

The eyes of the nation are already upon Houston. The National Trust for Historic Preservation has just opened a field office in our city. What Victorian homes are to San Francisco, or Art Deco is to the New York City skyline, Mid-Century Modern is to Houston – and our greatest example is the Astrodome.

But in the wake of failed leadership, the Dome has been listed as one of the top 11 most endangered places in the nation. St. Louis would not tear down its Gateway Arch. Sydney would not tear down its Opera House. Houston: We should not tear down our Astrodome. We have the power to save it, not merely as a museum piece or historic memorabilia, but as a refurbished and fully functioning part of Reliant Park. And for one-third of the cost of building such a structure from the ground up.

[…]

Preserving the Dome should be the first step of reshaping the entire Reliant Park. If this passes, we urge the county to think bigger about transforming one of world’s largest parking lots into a comprehensive expo, hotel and green space – a Discovery Green South.

Harris County’s finances are in good shape, and after years of economic doldrums, now is the time to save the Astrodome – Houston’s one famous landmark.

Until now, we’ve viewed the boondoggle of the Dome’s decline as a sort of Shakespearean drama. It looked like politicians were scheming behind the scenes, putting forward a bright face while plotting to stab the Dome in the back. It has been a tangled yarn of good and ill, but in the end, all’s well that ends well. Vote to save the Astrodome.

The Chron had previously expressed concerns that the process was rigged to set up a situation where demolition was inevitable but blame for the decision to demolish was avoided. I guess their concerns have been assuaged. There’s a PAC in place to advocate for the referendum, there’s still no visible opposition, and initial polling is favorable. If it doesn’t happen now, it was never meant to be.

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Weekend link dump for September 29

“Next I see the gluten-free section filled with crackers and bread made from various wheat-substitutes such as cardboard and sawdust. I skip this aisle because I’m not rich enough to have dietary restrictions.”

If the mixtapes you made in college in the 80s could have talked.

I’m fully on board with the Rivera Avenue proposal.

A joke on “The Simpsons” had an effect on the design of the iPhone.

“So, it’s basically Harry Potter, but with more ladies and considerably more sexytime? YES. YES TO THIS.”

Really not looking forward to the onslaught of homework that middle and high school are likely to bring.

“Using an e-reader may help some dyslexic students understand what they read, researchers at Harvard University argue.”

“So basically: if you’re a rich conservative who isn’t very smart about how you give your money, this ad is designed to pick your pocket. If you’re a non-rich conservative, you might get duped into some foolish behavior, but that’s just acceptable collateral damage.”

Ready or not, Christmas time is here.

“As my correspondent notes, Ted [Cruz] managed to distinguish himself as a arrogant a#@hole at Harvard Law School, which is an amazing accomplishment since the competition there for that description is intense.”

And by the way, if Ted Cruz gets his way and shuts down the government, it will cost billions of dollars. Because he’s fiscally conservative like that.

Re-retire #9, Yankees.

“Writing a neutral story about something so heartless as the food stamp vote is not good journalism”.

Die, mosquitoes, die!

“Yes, enduring some public criticism for receiving multimillion-dollar bonuses after helping crash the global economy is a lot like being hanged from a tree by your neck until you die.”

Would you take a tour of Steve Jobs’ childhood home?

RIP, VW Bus. Yes, they’re still being made – in Brazil – but no longer after the end of this year.

Some comment sections aren’t worth the trouble.

Gary Bauer, grifter.

I have no idea why anyone would want a recycled email address. Every time I got a new phone number in the past, I used to get a bunch of calls for whoever used to be at that number. Didn’t matter how long it had been since that person had last used it.

“It’s a mark of the insane and reckless turn in our politics that shutting down the government so one of our to major political parties can get the brinksmanship out of its system is emerging as the sober, responsible thing to do. But here we are, greatest nation the world has ever known.”

“And with that, yet another governing norm is on life support. The problem is that in any complex culture, norms are every bit as important as formal rules—something that, in other contexts, conservatives harangue us about constantly. They should think a little harder about why they feel that way as they go about their business of blowing up Capitol Hill.”

From the It’s OK If You’re Newt Gingrich department.

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Medina for Governor?

Well, this would shake things up.

Former Republican gubernatorial candidate Debra Medina could end up running again for the state’s highest office, this time as an independent, she said Friday afternoon.

Medina, who has been exploring a race for comptroller for several months, told the Tribune earlier this month that she is having trouble raising the amount of money she thinks is necessary to mount a competitive campaign for that office. She cited a particular lack of interest from wealthy campaign donors who are typically pivotal in financing successful statewide races in Texas.

At the same time, in a development first reported by the Quorum Report, she said she has been hearing from potential donors interested in seeing her run as an independent for governor. Collectively, she has received pledges totaling millions of dollars, she said, and that has her wondering whether she ought to switch from one race to the other.

“I’m looking at the best opportunity to move these policy ideas that I have been working on: private property, state sovereignty, reform tax policy in Texas,” Medina said.

[…]

Medina said she would rather run for comptroller as a Republican than for governor as an independent. She feels the comptroller post is better suited to promoting the economic issues she is passionate about, such as abolishing the property tax. But she said she has had difficulty convincing wealthy conservatives that that race is worth investing in.

“I’m doing everything I can to assemble the resources necessary for a viable, credible campaign for comptroller,” Medina said. Noting that candidates must file for next year’s primaries by December, she added, “If it comes to November and the money still hasn’t come in, I’ll have to pull my team in and say ‘ok, are these other offers real and if they are, is this the path I should move down?’”

I don’t know how seriously to take this. Let’s be brutally honest here: However hard it has been to raise money in the GOP primary for Comptroller, her odds of winning that race are about a billion times better than her odds of being elected Governor as an indy. Surely anyone who might be whispering in her ear about the millions of dollars they would help her raise must realize that the vast majority of votes Medina would collect would come out of Greg Abbott’s hide, and the end result would be a much clearer path to victory for Wendy Davis. Don’t get me wrong, I would be thrilled beyond measure if this were to happen, it’s just that I don’t think I’ve led a good enough life for it to be so.

To throw some numbers out there, Medina got 275,159 votes in that 2010 GOP gubernatorial primary. That’s roughly six percent of the vote in a normal off-year general election. Add in the two percent or so that a Libertarian candidate is likely to get, and the win number for Davis and Abbott becomes 46%. I don’t think all of Medina’s vote comes out of Abbott’s total – as we have seen in other races, Ted Cruz’s being a prominent example, Medina will likely pick up some votes in heavily Latino areas. How much of that can and will be affected by the nature and quality of all the campaigns, especially that of Wendy Davis, but in the end Medina will cost her a few votes. Not nearly as many as she’d cost Abbott – if I had to guess now, I’d say between 80 and 90 percent of the hypothetical Medina votes would have voted for Abbott otherwise – so it’s hardly a Strayhorn/Kinky situation, which is good. Again, though, this seems more like attention-seeking than thoughtful strategizing. I would dearly love for this to happen, but I’ll believe it when I see it. Texpatriate and the equally skeptical PDiddie have more.

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Bye-bye, Bud

Can’t say I’m sorry to see the tenure of MLB Commissioner Bud Selig come to a close.

Bud Selig said Thursday that he plans to retire as baseball commissioner in January 2015 after a term of more than 22 years marked by robust growth in attendance and revenue along with a canceled World Series and a drug scandal.

Some owners — and even his wife — have been skeptical in the past that he really would do it, but this marked the first time that Selig, 79, issued a formal statement that he intends to step down from the sport’s top job.

“It remains my great privilege to serve the game I have loved throughout my life,” Selig said in a statement. “Baseball is the greatest game ever invented, and I look forward to continuing its extraordinary growth and addressing several significant issues during the remainder of my term.

“I am grateful to the owners throughout Major League Baseball for their unwavering support and for allowing me to lead this great institution. I thank our players, who give me unlimited enthusiasm about the future of our game. Together we have taken this sport to new heights and have positioned our national pastime to thrive for generations to come. Most of all, I would like to thank our fans, who are the heart and soul of our game.”

Selig said he will leave Jan. 24, 2015, which would mark the second-longest term for a baseball commissioner behind Kenesaw Mountain Landis, who served from 1920 to 1944.

He also said he will announce a transition plan shortly that will include a reorganization of central baseball management.

Selig’s tenure included splitting each league into three divisions from two, adding wild cards and additional rounds of playoffs, expansion to Arizona and Tampa Bay, instituting instant replay, starting the World Baseball Classic, launching the MLB Network and centralizing the sport’s digital rights under MLB.com.

“The game has grown under him tremendously. He’s made every effort to try to clean the game up,” New York Yankees manager Joe Girardi said. “He’s left his mark on the game. There’s no doubt about it.”

I agree that the game has grown under Selig, and that he deserves credit for many of the good things that have happened. He also deserves blame for the 1994 strike, the now-subsided “contraction” fervor that was largely fueled by laughably dishonest claims about the game’s finances and the false belief that so-called “small market” teams could not be competitive, the moronification of the All Star Game, and the witch hunt that is the obsession with PEDs. He’s always been an owner’s Commissioner, which is why he was tapped to be Commissioner in the first place. I’ll leave the judgments to history, but it’s definitely time for a change.

Jayson Stark lists some of the possible and not-at-all-possible candidates to replace Selig. While I have no doubt which category this would fall into, I endorse what The Slacktivist has to say.

Bud Selig is set to retire as commissioner of Major League Baseball after the 2014 season. Ari Kohen asks, “which old white guy is the odds-on favorite” to replace him? As much as I’d love to see a former player — such as Hank Aaron or Frank Robinson — replace Selig, the commissioner does tend to be a conservative, establishment figure. Mitt Romney is probably a likelier candidate than either of those hall-of-famers.

So here’s my proposal: John Roberts for commissioner of baseball. The chief justice of the Supreme Court would, of course, have to step down from that post in order to accept the promotion, but it shouldn’t be a problem for the president to quickly nominate a replacement.

I’d be willing to compromise and suggest Antonin Scalia as an alternative. Or hey, how about Clarence Thomas, if we’d prefer an old non-white guy? Surely any of these gentlemen would be good philosophical peers of the owners, and would be able to offer some real insight on how to stay just on the right side of that good old anti-trust exemption. Who’s with me on this?

Posted in Baseball | Tagged , , , , , | 4 Comments

Inmate processing center polls favorably

The other issue on the county ballot appears to be in good shape.

go_to_jail

Results from a recent KUHF-KHOU 11 News poll suggest strong voter support for a $70 million November bond issue for a city-county inmate processing center.

The poll, conducted by Rice University political science professor Bob Stein, found 58 percent of respondents support the measure and 21 percent oppose it. About 64 percent of Anglos supported the item and 61 percent of Hispanics did, Stein told KUHF, but just 49 percent of black respondents did; a quarter were opposed, and a quarter were undecided. (This post corrects earlier poll numbers for black respondents.)

A similar trend was at work when voters, led by overwhelming opposition from African-Americans, narrowly rejected a $195 million bond measure to build a much larger jail facility six years ago. That version of the project was a $245 million jail with 2,500 beds and expansive mental health and medical facilities.

The $100 million facility proposed now is a significantly pared down version of a the 2007 project. It would replace the main county jail’s cramped processing center, which has been operating over capacity even as the jail population has fallen.

Advocates also emphasize this year’s proposal is not a jail. With 552 short-term beds, the project is designed primarily as a processing facility, aimed at getting inmates in and out more quickly and cheaply by eliminating redundant city-county law enforcement processes. Many inmates booked into the city’s jails today are facing state charges (basically, charges more significant than getting a ticket for violating a city ordinance), and simply wait until the county can take them, then get transferred to the county jail and booked in all over again.

Stein told KUHF it may be significant that his poll — and the Nov. 5 ballot language — refer to the effort as a processing center and not a jail.

“There are no organized groups against this, so, I think, the stars are aligned for this to pass and pass by a good margin,” he said.

I presume this is the same sample as in the Dome poll. More from KUHF.

Harris County Sheriff Adrian Garcia says the center would replace two aging city lockups, but it’ll do more than incarcerate.

“Not only will it allow for me as sheriff to improve my operations, it’ll take the City of Houston out of the jail business, quit the duplication of operations, save the taxpayers money and get cops back out on the street faster.”

And while numbers show voters in favor the measure, Garcia says they aren’t taking anything for granted.

“This is an important measure. I want to make sure that it doesn’t get caught up in the debate of the Astrodome. This is a measure that isn’t going to cost the taxpayers any money, and it’s really going to improve a lot of services and operations for both the Harris County Sheriff’s Office and the Houston Police Department.”

Harris County Judge Ed Emmett says voters need to be sure they are aware of the measure.

“The county and the city are working together, which people like. It’ll allow us to have a place where we can divert people who don’t need to be in the criminal justice system. So, it’s just across the board, a wonderful step forward for the entire community.”

See here and here for the background. I plan to support this, and I’m glad to see that it polls well. This isn’t adding jail capacity, and it is allowing the city to get out of the jail business. A win all around.

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Callegari to retire

We will have at least one open State House seat in Harris County next year.

Rep. Bill Callegari

State Rep. Bill Callegari, a Katy Republican who chairs the House Committee on Pensions and the House Research Organization, said Monday that he wouldn’t seek another term in 2014.

Callegari, an engineer, took his seat in the House in 2001. He’s the 12th member of the Texas House to say he won’t be back. Several are running for other offices, while others are getting out of politics for now.

Republican Reps. Dan Branch of Dallas, Stefani Carter of Dallas, Brandon Creighton of Conroe, Harvey Hilderbran of Kerrville and Van Taylor of Plano are all seeking other offices.

Callegari is joining a group that won’t be on the ballot next year that also includes John Davis, R-Houston; Craig Eiland, D-Galveston; Tryon Lewis, R-Odessa; Rob Orr, R-Burleson; Jim Pitts, R-Waxahachie, and Mark Strama, D-Austin. Strama already resigned from the Legislature to take a private sector job. The special election to replace him is on this November’s ballot.

Rep. Callegari is finishing his seventh term in the House. I wish him well in his retirement. HD132 joins SD07 on the list of Harris County open seats for 2014, but with one major difference: HD132 is a seat that could be competitive in 2014, even more so in 2016 modulo any further redistricting. It was one of only two Republican-held districts that were slightly more Democratic in 2012 than in 2008, and that was in a year where Democratic turnout declined somewhat from 2008. I’m not saying this seat is going to make anyone’s short list of pickup opportunities, but consider: The partisan trend, and demography, are pointing in the right direction. Battleground Texas is in operation. Throw Wendy Davis in at the top of the ticket, and who knows what kind of a boost in performance is possible. The most opportune time to try to win a seat from the other guys is when it’s open, followed by when it’s being defended by a freshman. That’s 2014, and if necessary 2016. The road to a Democratic House majority runs through districts like HD132. It would be better to start contesting them sooner rather than later. Burka has more.

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Saturday video break: Respect

At long last, we come to Song #1 on the Popdose Top 100 Covers list. It’s “Respect”, originally by Otis Redding, and of course covered by Aretha Franklin. Here’s the original:

Admit it, you’ve never heard that version before. It’s smoking hot, and Otis Redding is a national treasure. But “Respect” begins and ends with Ms. Aretha:

What else is there to say? I will say that I did some karaoke back in the day, and I can’t tell you how many women would pick this song to do, then realize as they were singing that the “Just a little bit” part is done by the backup singers, while Aretha is singing other words. Hardly anyone ever got that right, not that I can blame them. But it was always funny to watch.

Well, okay, there is one more thing to say:

And that is truly the end. I’ll have more videos beginning next week, once I figure out what videos I’ll have.

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We have to worry about jail overcrowding again

Not good.

go_to_jail

After a nearly two-year hiatus, the Harris County jail population is nearing capacity, prompting officials to again consider whether to ship some inmates to out-of-state lockups.

The latest jail population report shows the total number of detainees dropped significantly from 2009 to the end of 2011, when the population finally dipped below the 9,434-inmate capacity. Since January, though, it has increased from 8,581 to 9,340, the highest it has been in nearly two years.

Local officials say there are a variety of factors at play, and that the county is not alone.

Among them: The recent closure of two prisons, which has resulted in the Texas Department of Criminal Justice taking longer to pick up inmates destined for prison. There also have been recent increases in the number of felony case filings, detainees awaiting trial and parole violations, the population report shows. Then there is the historic trend of jail populations swelling in the summer and declining in the fall.

“It’s not one, single thing,” said Caprice Cosper, who heads the county’s Criminal Justice Coordinating Council.

[…]

Harris County, though, also has seen felony filings increase by more than 18 percent in the last two months, as well as a 36-percent increase in the first half of the year in the number of people convicted of felonies but ordered to spend time in the county jail instead of going to prison.

That includes convictions for so-called “trace cases,” where people are arrested for possessing less than 1/100th of a gram of an illegal drug.

The late District Attorney Mike Anderson, who took office in January and died of cancer last month, sparked speculation that the jail population would increase when he decided to prosecute trace cases as felonies. His predecessor, Patricia Lykos, treated the cases as misdemeanors, saying it was difficult to accurately test drug residue and the arrests took officers off the streets for too long.

While the number of state jail felonies being filed, including for trace cases, has not changed dramatically, Cosper said “what has gone up is the way they are being punished.”

>During the first half of last year, 1,670 state jail felons were sent to the county jail. That increased to 2,273 during the first half of this year.

“That’s all trace case policy,” said lawyer Patrick McCann, a former president of the Harris County Criminal Lawyers Association who recently was appointed by Gov. Rick Perry to the Specialty Courts Advisory Council.

The end result of all this is that the county is talking about the need to outsource inmates to Louisiana again. That would be an embarrassment if it were to happen. Caprice Cosper thinks it won’t need to come to that, as TDCJ will start picking up inmates in a more timely manner and some new legislation aimed at diverting convicts from jail will kick in. I hope she’s right, but in the meantime it would be wise if someone were to press our new District Attorney about the trace case policy. As recently as March it was reported that there had been no increase in the jail population due to the resumption of filing trace cases as felonies. We need to take a long, hard look at that, and at the number of felonies being filed overall. We know that the criminal court dockets are overcrowded, and that has an effect on the jail population since it means longer wait times for cases to be resolved. We also know that lack of ability to make bail, plus a lack of personal recognizance bonds issued by the courts adds to the problem as well. The Chronicle reported on that less than two weeks ago, but that connection wasn’t made in this story. Caprice Cosper is right to say that this problem has many aspects. Some of them go back a long way, back to the bad old days of Harris County shipping inmates all over the place. The fact that we haven’t needed to do that lately doesn’t mean we’ve fully addressed the underlying causes that got us into this situation in the first place.

Posted in Crime and Punishment | Tagged , , , , , , , , | 3 Comments

Keep runoffs on Saturday

Put me on record as opposing this.

EarlyVoting

A Houston City Council committee [Tuesday] recommended keeping the city’s run-off election day on a Saturday. But committee members remained open for the possibility of changing it to a Tuesday in the future.

City Attorney David Feldman says the city first started discussing the topic in March. The reason: Holding elections during the week is cheaper.

“That expense arises from the fact that we use facilities, such as school buildings, where we are charged when those facilities are used on Saturdays but not charged when they are used during the week.”

Besides the question of cost, another important issue would be how moving the day would affect voter turnout. To learn more about that, the committee invited political science Prof. Bob Stein of Rice University.

[…]

Council member C.O. Bradford, who chaired the committee meeting, noted that moving the runoff election to Tuesday would save money and accommodate the majority of voters.

However, several council members expressed concern about recommending the change for this November’s election, because it would cut the early voting period short by two days, at least in this election cycle.

This is District J council member Mike Laster.

“My particular concern in this election cycle for 2013 is that we would be actually losing the Saturday and Sunday of early vote period, which has historically been a very high turnout two days of early vote.”

In the end, the committee decided not to recommend a change, and a spokeswoman for Annise Parker says the mayor won’t move the runoff election day this year.

C.O. Bradford says the city still needs to hear from actual voters, not just potential ones.

Prof. Stein’s polling showed majority support for the idea, but they didn’t ask me. I agree with CM Laster that moving runoffs to Tuesdays, which would mean moving early voting from Thursday through Wednesday to Monday through Friday, is the wrong thing to do. I get the desire to save money, but this is not a good way to do it. The cost of running elections in the city is a drop in the bucket, budget-wise. This change is not worth the pennies we’d pick up. Stace and Campos have more.

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Another poster child for tort “reform”

The Observer asks how well you know your doctor.

In late 2010, Dr. Christopher Duntsch came to Dallas to start a neurosurgery practice. By the time the Texas Medical Board revoked his license in June 2013, Duntsch had left two patients dead and four paralyzed in a series of botched surgeries.

Physicians who complained about Duntsch to the Texas Medical Board and to the hospitals he worked at described his practice in superlative terms. They used phrases like “the worst surgeon I’ve ever seen.” One doctor I spoke with, brought in to repair one of Duntsch’s spinal fusion cases, remarked that it seemed Duntsch had learned everything perfectly just so he could do the opposite. Another doctor compared Duntsch to Hannibal Lecter three times in eight minutes.

When the Medical Board suspended Duntsch’s license, the agency’s spokespeople too seemed shocked.

“It’s a completely egregious case,” Leigh Hopper, then head of communications for the Texas Medical Board, told The Dallas Morning News in June. “We’ve seen neurosurgeons get in trouble but not one such as this, in terms of the number of medical errors in such a short time.”

But the real tragedy of the Christopher Duntsch story is how preventable it was. Over the course of 2012 and 2013, even as the Texas Medical Board and the hospitals he worked with received repeated complaints from a half-dozen doctors and lawyers begging them to take action, Duntsch continued to practice medicine. Doctors brought in to clean up his surgeries decried his “surgical misadventures,” according to hospital records. His mistakes were obvious and well-documented. And still it took the Texas Medical Board more than a year to stop Duntsch—a year in which he kept bringing into the operating room patients who ended up seriously injured or dead.

In Duntsch’s case, we see the weakness of Texas’ unregulated system of health care, a system built to protect doctors and hospitals. And a system in which there’s no way to know for sure if your doctor is dangerous.

Reading this reminded me of another poster boy for tort “reform”, Doctor Eric Scheffey, who plowed a path of death and mayhem a few years ago before finally being stopped. These guys are obviously atypical, but as the Observer story points out, the system we have today has almost no power to do anything about them. The Texas Medical Board’s authority is very limited. Hospitals are not required to disclose the reasons why a particular doctor is no longer employed there, so bad doctors’ bad acts don’t follow them from one place to another. And of course, thanks to our draconian medical malpractice lawsuit limits, the courts no longer serve as a way to get the bad apples out of the barrel. The vast majority of doctors are competent and conscientious, so for most of us it’s not a problem. But for a non-trivial number of unfortunate people – the Observer story documents a few of them – it’s a matter of life and death. And our famously “pro-life” legislature could not care less.

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Friday random ten: Bird on a wire

One last set of animal-related songs. Watch the birdie!

1. Bee Of The Bird Of The Month – They Might Be Giants
2. The Bird – Eddie From Ohio
3. Bird Feathers – Charlie Parker
4. Bird On The Wire – Leonard Cohen
5. Canary Bird – Muddy Waters
6. The Coo Coo Bird – The Be Good Tanyas
7. Fragile Bird – City and Colour
8. Little Bird – The Honeycutters
9. Red Bird – The Hot Club of Cowtown
10. This Is The Picture (Excellent Birds) – Peter Gabriel

Where dog songs were mostly about dogs, and cat songs were mostly about sex, bird songs are a little of each and a little of neither. Sometimes a bird is just a metaphor, I guess.

Posted in Music | Tagged , | 3 Comments

Other interviews

You may have noticed on my 2013 Elections page some new links in the Interview column for various candidates. That’s because three other local blogs have done interviews with candidates, both recorded and written, which is something we haven’t seen much of before. I decided to include them on my compilation page because all three of them talked to at least one candidate that I have not or will not be able to, and all of them asked different questions than I did. Since I consider the primary purpose of my interviews to be informative – to provide information about candidates for people who might not otherwise hear much if anything about them in an environment where there isn’t much mainstream media reporting being done on their races – I decided it was best to include these sources as well. A brief guide to the other interviewers:

New Media Texas, abbreviated as “NMT” on my page, was the first of these other blogs to do interviews. Durrel Douglas has video recordings of conversations with several candidates, mostly from District D but also with Mayor Parker and Ben Hall.

Texpatriate, abbreviated as “TexP” on my page, was the second to do interviews. The group blog sent out written questionnaires to multiple candidates and so far has gotten and printed over two dozen responses. As they note in the prologue to each interview, they “sent 10 questions based on seven different templates: (1) incumbent City Council, (2) challenger City Council, (3) open seat City Council, (4) challenger Controller, (5) incumbent Controller, (6) challenger Mayoral and (7) incumbent Mayoral.” They then print the answers verbatim, which led to some unintentional hilarity with the first version of mayoral candidate Eric Dick’s responses. You can see all of their interviews here.

Texas Leftist was the most recent entrant to the interview game. Wayne Ashley’s written interviews are abbreviated “TLCQ” on my page, which is his term for “Texas Leftist Candidate Questionnaire”.

On the matter of interview style, I have long preferred doing recorded interviews, as you have seen here. It gives me the opportunity to ask followups or to go in a direction I hadn’t originally anticipated, and I like hearing what the candidates have to say for themselves. I’ve done written Q&As for judicial candidates in years past, and will likely do some again next year for the masses of Democratic hopefuls, but I always worry that I’ll get cut-and-paste responses from a campaign staffer rather than real answers from the candidate himself or herself. That probably says more about me than anything else, but since I like doing the recorded interviews, it works for me.

Honestly, every year I may gripe about all the time and effort it takes to do these interviews, but I feel like I get a lot out of them. I enjoy meeting the candidates and hearing what they have to say, even if I have no inclination to vote for them. We may live in a deeply cynical age, but I find that the vast majority of the people I interview are running because they genuinely want to do something positive. That doesn’t mean I agree with their definition of “something positive”, but I respect the desire to serve and make a difference. I’ve gotten to know a lot of interesting people, and I’ve gotten to visit parts of the city I wouldn’t otherwise spend much time in. What’s not to like?

Posted in Election 2013 | Tagged , , , | 2 Comments

Democratic ballot update

Sen. Leticia Van de Putte:

Sen. Leticia Van de Putte

Sen. Leticia Van de Putte

State Sen. Leticia Van De Putte of San Antonio is exploring a run in 2014 as the Democratic challenger in the lieutenant governor’s race, but she said there is still a lot to consider.

“We’ve really had so many family losses, so first and foremost my concerns are with my family,” she said.

Van De Putte has seen her share of losses since the start of this summer — first the death of baby grandson, then her father died in a car accident and recently her mother-in-law passed away.

[…]

Van De Putte is re-grouping this week to discuss her role in the 2014 statewide elections and — like many other Democrats considering higher office — waiting for state Sen. Wendy Davis of Fort Worth to officially announce her decision about running for governor, which is set to happen Oct 3, the official date Democrats can file for a statewide election.

Sen. Carlos Uresti:

This time it’s state Sen. Carlos Uresti, who said he is mulling a run for the attorney general’s office in 2014 and considers himself a perfect fit for the job.

“With my experience as an attorney of 20 years, my experience as a legislator of 16 years — including my experience as officer in the Marine Corps — I think gives me some of the skills to fill that position,” he said.

[…]

Uresti said the attorney general’s office should not be a partisan office that only concerns itself with legal battles with the federal government.

Uresti said his decision doesn’t hinge on whether or not state Sen. Wendy Davis of Fort Worth decides to run for governor and he will make a decision and announce his plans in early November.

If he runs, Uresti said one top of his top priorities as attorney general would be to go after “dead-beat” parents who don’t pay their child support.

According to Robert Miller, Sen. Jose Rodriguez is also thinking about running for AG. Sen. Rodriguez is closer to my personal ideal for that job, but as long as one of them runs, I’ll be happy.

And as for the main event, we’ll find out next week.

Amid widespread reports that she plans to run for Texas governor, state Sen. Wendy Davis on Thursday released details about the announcement of her future plans next week.

Davis will make the announcement at 3 p.m. on Oct. 3 in the auditorium where she received her high school diploma in 1981 — the Wiley G. Thomas Coliseum in Haltom City. Davis had previously announced the date, but until Thursday she had not given details about the time or location.

Politico reported Thursday that Davis is telling top Democrats she is running for governor, though she and aides are declining to confirm anything with their names attached to it.

“Next week join your friends and neighbors for the moment when I announce what I plan to do next,” Davis said in an email blast to supporters.
 “We’ll be gathering at the same coliseum where I received my high school diploma — and I really want you to be there with me.”

It’s hard to imagine she’s announcing for anything but Governor. I guess nothing is impossible, but any other office would be a ginormous anticlimax. And once Davis has announced, we can hopefully get the rest of the ticket filled in. We need candidates for Ag Commissioner and Railroad Commissioner – I wouldn’t mind a more prominent name for Comptroller, but we do have someone – and of course the Court of Criminal Appeals and Supreme Court. If Wendy Davis is on top of the ticket, we have no excuse for leaving any slot blank.

Posted in Election 2014 | Tagged , , , , , , , , | 1 Comment

Premiums for insurance exchange plans released

Guess what? They’re pretty darned affordable.

It's constitutional - deal with it

It’s constitutional – deal with it

“In just 99 days, millions of Americans will finally have the security and peace of mind that have eluded them for years,” U.S. Health and Human Services Secretary Kathleen Sebelius said on a press call, “as coverage starts to kick in on insurance purchased through the new health insurance marketplace.”

To help people comply with the individual health insurance mandate that takes effect on Jan. 1, the federal government will launch an Orbitz-style online marketplace on Oct. 1 for consumers to apply for tax credits and compare and purchase health plans.

According to the federal report released Tuesday night, Texas will have comparatively low premium rates for health plans offered in the federal marketplace compared with other states. The average monthly rate for a standard plan in the 48 states analyzed in the report was $328, while Texas’ was $305. Fourteen states and the District of Columbia will have lower rates on average than Texas for a standard health plan offered in the marketplace.

“Texas has historically had a reasonably competitive insurance market compared to some states,” said Gary Cohen, director of the Center for Consumer Information and Insurance Oversight at the federal Centers for Medicare and Medicaid Services. He explained that in some states one insurance carrier may dominate 75 to 80 percent of the market. “Texas has not had that situation,” he said.

Texans will have on average 54 health plan options available in the federal marketplace. The number of available plans will vary depending on the region. For example, people in Austin will have 76 health plans to choose from on average, while people in the Rio Grande Valley will only have 30 options on average.

Four types of plans will be offered in the marketplace: Bronze, Silver, Gold and Platinum. In general, Bronze plans will have lower monthly premiums but higher out-of-pocket costs, while Platinum plans will have the highest monthly premiums but lower out-of-pocket costs. Premium rates and out-of-pocket costs will vary depending on age, the number of people in the household and the region in which the person lives, among other factors. Ultimately, the prices are based on the estimated cost of health care services over the course of a year.

People who have annual incomes between 100 and 400 percent of the federal poverty line will qualify for sliding-scale tax credits to help them purchase a health plan in the federal marketplace. For an individual, that’s an annual income of $11,490 to $45,960; for a family of four, it’s $23,550 to $94,200.

Click over to see some detailed information about what will be available in Texas, or click here to see the full report. Some highlights from the latter:

Individuals will have an average of 53 qualified health plan choices in states where HHS will fully or partially run the Marketplace

  • Individuals and families will be able to choose from a variety of bronze, silver, gold, and platinum plans in the Health Insurance Marketplace, as well as catastrophic plans for young adults and those without affordable options. Health insurance issuers can offer multiple qualified health plans, including multiple qualified health plan choices within a single metal level. In the 36 states in this analysis, the number of qualified health plan choices available in a rating area ranges from a low of 6 to a high of 169 plans. On average, individuals and families will have 53 qualified health plans to choose from in their rating area. Young adults will have an average of 57 qualified health plans to choose from, including catastrophic plans. The average number of choices will likely increase after including final data from state-based Marketplaces, which tend to have greater issuer participation.
  • On average, there are 8 different health insurance issuers participating in each of the 36 Marketplaces included in this analysis. This ranges from a low of 1 issuer to a high of 13 issuers within a state. About 95 percent of the non-elderly population in these 36 states lives in rating areas with 2 or more issuers. Roughly one in four issuers is offering health plans in the individual market for the first time in 2014.

Premiums before tax credits will be more than 16 percent lower than projected

  • The weighted average second lowest cost silver plan for 48 states (including DC) is 16 percent below projections based on the ASPE-derived Congressional Budget Office premiums.11 In 15 states, the second lowest cost silver plan will be less than $300 per month – a savings of $1,100 a year per enrollee compared to expectations. Overall, 95% of the uninsured potentially eligible for the Marketplaces live in states with average premiums below ASPE-derived CBO projected premiums (see Figure 1).
  • Young adults will pay lower premiums and also have the option of a catastrophic plan that covers prevention, some primary care, and high costs in cases of major accident or illness. The weighted average lowest monthly premiums for a 27-year-old in 36 states14 will be (before tax credits): $129 for a catastrophic plan, $163 for a bronze plan, and $203 for a silver plan. More than half of the uninsured potentially eligible for the Marketplaces live in a state where a 27-year-old can purchase a bronze plan for less than $165 per month before tax credits. There are an estimated 6.4 million uninsured Americans between the ages of 25 and 30 who may be eligible for coverage through Medicaid or the Marketplaces in 2014.

Premiums after tax credits

  • Tax credits will make premiums even more affordable for individuals and families. For example, in Texas, an average 27-year-old with income of $25,000 could pay $145 per month for the second lowest cost silver plan, $133 for the lowest cost silver plan, and $83 for the lowest cost bronze plan after tax credits. For a family of four in Texas with income of $50,000, they could pay $282 per month for the second lowest cost silver plan, $239 for the lowest silver plan, and $57 per month for the lowest bronze plan after tax credits.
  • After taking tax credits into account, fifty-six percent of uninsured Americans (nearly 6 in 10) may qualify for health coverage in the Marketplace for less than $100 per person per month, including Medicaid and CHIP in states expanding Medicaid.

It should be noted that it’s not all butterflies and lollipops, as Wonkblog explains.

Health experts say it is a good sign for consumers that premiums have come in lower than expected. Under the law, the plans must offer a basic set of benefits, including mental health and maternity care, which previously were not included in many private plans. Insurers are also forbidden from rejecting or charging people more because of preexisting conditions.

Many experts worried that those factors would drive up the cost of insurance. They partially credit competition on the marketplaces, where people will be able to directly compare plans from different insurance companies, for restraining premiums.

But they warn that premiums don’t tell the whole story.

The low rates are possible in part because insurance companies created special plans that include fewer in-network doctors and hospitals than many current plans.

This may not be a problem for healthy people who currently lack insurance. But those with illnesses may discover that their specialists are not covered by an exchange insurance plan. Low-income people accustomed to a certain community clinic may find that going there is no longer an option. And everyone may encounter long waits to see a doctor.

In addition, many of the lowest-cost plans may carry high deductibles, despite a cap imposed by the law that limits out-of-pocket costs to $6,350 per person per year.

“Despite the fact that the premiums are lower than expected, enrollees on exchanges are likely to face very high out-of-pocket costs before they hit their cap, and they are at risk of being in very narrow network plans that may or may not include all the providers they need access to,” said Caroline Pearson, vice president of health reform at the consulting firm Avalere Health, which did its own report on rates this month.

It’s still going to be a lot better than having no insurance, and for people who are currently paying exorbitant prices for individual plans, or who can’t get insurance at all because of pre-existing conditions, it will be awesome. That will include millions of Texans, some of whom are friends of mine, and all of whom Ted Cruz cares nothing about. Kevin Drum and the Kaiser Family Foundation have more.

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That pollution isn’t our fault!

You have to admire the creativity.

Houston Ship Channel, 1973

Houston Ship Channel, 1973

Harris County’s problem with tiny, lung-damaging particles in the air can be blamed partly on African dust and crop-clearing fires in Mexico, the state’s environmental agency has told federal regulators.

If the Environmental Protection Agency agrees with the state’s finding, then the county would avoid stringent pollution controls and sanctions for particulate matter, or soot.

The Texas Commission on Environmental Quality is making the case after Harris County last December failed to meet new federal limits for soot. The EPA tightened the limits after a federal court concluded that previous standards were too weak to protect public health.

The state agency has flagged seven days from 2010 to 2012 when high soot levels were “not reasonably preventable” because of particles from faraway places. If not for pollution from Africa and Mexico, also known to regulators as “exceptional events,” the county would have met the new limits, the agency concluded.

Maybe this is what Ted Cruz is talking about when he demands tighter control over the border. Who knew he cared about the environment?

Environmentalists sharply criticized the state’s assertion, saying the agency is “looking for an easy way out” instead of cracking down on harmful pollution.

“It’s not the way to address a serious issue,” said Elena Craft, a Texas-based toxicologist for the Environmental Defense Fund. “Whether the pollution comes from an exceptional event or not, the public health risk is the same.”

[…]

Larry Soward, a former state commissioner who is now board president of Air Alliance Houston, said he expects the EPA to approve the state’s request.

But Soward said he is concerned that progress on air quality would stall if federal regulators allow the exceptions.

“The practical effect will be that no one does anything to ensure the new (particulate matter) standard is met other than what is being done now, which is very little,” he said. “In other words, Houston will come to parade rest.”

The EPA isn’t expected to make its decision till late next year. All snark aside, whether or not this is a real thing shouldn’t distract from the real need to deal with the problems and factors that we do control. A bit of dust that blows in from elsewhere doesn’t change the fundamentals.

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