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Abel Herrero

State House remembers it was going to do something about sexual harassment

It’s something.

Rep. Joe Straus

Months after reports detailed a pervasive culture of sexual harassment at the state Capitol, Texas House Speaker Joe Straus on Wednesday announced another measure to address the issue.

Straus, a Republican who will retire early next year, created a work group to recommend additional steps to “prevent and eradicate” misconduct in the Legislature. The appointment of the group comes months after the House updated its sexual harassment policy following reports from The Texas Tribune detailing flaws in the former policy, which often left victims to fend for themselves. The Daily Beast had previously detailed accounts of sexual assault in the Legislature.

“This is the next step in our effort to make sure that sexual harassment is not tolerated at the Texas Capitol,” Straus said in a news release.

In a news release, Straus said the group will review existing policies and research best practices from other states to ensure a safe environment. The co-chairs of the new group are state Reps. Linda Koop, R-Dallas, and Donna Howard, D-Austin. Other members are: state Reps. Angie Chen Button, R-Richardson; Tony Dale, R-Cedar Park; Nicole Collier, D-Fort Worth; Lina Ortega, D-El Paso; Abel Herrero, D-Robstown; Tom Oliverson, R-Cypress; Gary VanDeaver, R-New Boston; and Gene Wu, D-Houston.

The House revised its policy in December to require all House employees and staff to undergo anti-harassment and anti-discrimination training. House leaders cannot require lawmakers to complete the training, but all current lawmakers took the online course this year.

See here, here, and here for some background. As the story notes, the House has still done more than the Senate has done. Putting this group together to do something is good. Having that group actually do something, something constructive, will be better. The Chron has more.

Court throws out State House map

Once more, with feeling.

Parts of the Texas House map must be redrawn ahead of the 2018 elections because lawmakers intentionally discriminated against minorities in crafting several legislative districts, federal judges ruled on Thursday.

A three-judge panel in San Antonio unanimously ruled that Texas must address violations that could affect the configuration of House districts in four counties, where lawmakers diluted the strength of voters of color. In some cases, the court found mapdrawers intentionally undercut minority voting power “to ensure Anglo control” of legislative districts.

These are the nine districts the court flagged:

  • Dallas County’s HD 103, represented by Democrat Rafael Anchia, HD 104, represented by Democrat Roberto Alonzo and HD 105, represented by Republican Rodney Anderson
  • Nueces County’s HD 32, represented by Republican Todd Hunter, and HD 34, represented by Democrat Abel Herrero
  • Bell County’s HD 54, represented by Republican Scott Cosper, and HD 55, represented by Republican Hugh Shine
  • Tarrant County’s HD 90, represented by Democrat Ramon Romero, and HD 93 represented by Matt Krause.

Adjusting those boundaries could have a ripple effect on other races.

[…]

In both the congressional and state House rulings, the court ordered Attorney General Ken Paxton to signal whether the Legislature would take up redistricting to fix violations in the maps.

But so far, state leaders have signaled they have no appetite to call lawmakers back to Austin over mapmaking. Instead, Texas is looking to the U.S. Supreme Court to keep its political boundaries intact.

“The judges held that maps they themselves adopted violate the law,” Paxton said in a Thursday statement. “Needless to say, we will appeal.”

Meanwhile, the state and the parties that sued over the congressional districts are scheduled to return to court on Sept. 5 to begin redrawing the congressional map. In its Thursday ruling, the court indicated they should be prepared to also meet on Sept. 6 to consider changes to the state House map.

“Today’s ruling once again found that Texas racially gerrymandered its voting districts and used Latino voters as pawns in doing so,” said Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund, who is representing plaintiffs in the case. “With the 2018 election cycle fast approaching, it’s time for Texas to stop discriminating against Latino voters and agree to a remedy that will provide equal opportunity to all.”

It was just over a week ago that the same court invalidated the Congressional map, also calling it intentionally discriminatory. Add in the voter ID ruling and you’ve got three such judgments in a span of eight days; you can also toss in the ruling on interpreters for a four-game losing streak for the state. Don’t forget the Pasadena case, too – it’s not the state, but it is another intentional-discrimination opinion. Maybe this will all add up to enough to convince Chief Justice Roberts to change his mind about the state of voting rights and the need to protect communities of color.

Or not. I wouldn’t hold my breath. Be that as it may, this ruling could have an effect on the effort by wingnuts to oust House Speaker Joe Straus. RG Ratcliffe explains.

The court found that in Nueces County, the district maps discriminated in the placement of minority voters in a way that favored the re-election of Representative Todd Hunter, a key Straus Republican ally and chairman of the House committee that sets bills for debate on the daily calendar. To make his district safe, the court said Hispanic voters were packed into the district of Representative Abel Herrero, a Democrat. Redrawing the districts won’t automatically guarantee Hunter’s defeat, but it will make it more difficult for him to win re-election.

The court also ruled that the Legislature intentionally split a minority community in Killeen to guarantee the election of two white Republicans in Districts 54 and 55, Scott Cosper of Killeen and Hugh Shine of Temple. Both have backed Straus in the past. Putting the minority community in Killeen back together probably endangers Cosper’s re-election, and may put a Democrat in that rural district. Either way, this likely is a wash in the politics of electing the next speaker.

In Dallas and Tarrant counties, the court ruling likely would help Straus win re-election. In declaring that five districts in those two counties discriminated against minorities, the most likely losers in any redrawing of the district maps will be Republican Representatives Rodney Anderson of Irving and Matt Krause of Fort Worth. Anderson was among nineteen House members who voted against Straus in one election for speaker, and Krause is a member of the Freedom Caucus, which has been trying to force a speaker vote in the caucus instead of on the House floor, where Democrats also have a say.

Anderson barely squeaked by in 2016, in a district that was ever so slightly bluer than HD107, which flipped to the Dems. He was going to be a target no matter what. The ripple effect in Dallas could be very interesting. And of course, anything that puts jerks like Krause in jeopardy is a good thing. We’ll know if and when SCOTUS intervenes if a second special session will be forthcoming. A statement from MALC is here, and Michael Li, the Chron, the DMN, Rick Hasen, the HuffPost, and the Lone Star Project have more.

One more thing about vouchers

I’m going to enjoy this just a little bit more.

The Texas House of Representatives all but killed Lt. Gov. Dan Patrick’s prized school choice bill Thursday, dealing the powerful Republican a major loss as he struggles to push his agenda through this year’s legislative session.

House members considering the state’s budget plan for the next two years voted overwhelmingly against diverting public education funds to private schools in the next biennium, registering their resistance to a so-called school voucher program and sending a message to Patrick that the bill has no chance this year of passage.

“The House stands strongly in support of our neighborhood schools and our public school teachers and that any scheme, such as a voucher or otherwise that attempts to siphon funds away from our public schools, is not something that would be acceptable in the House,” said Rep. Abel Herrero, a Robstown Democrat. He sponsored an amendment expressly blocking any school voucher program.

Lawmakers, in the midst of a day-long marathon session debating the state’s $218 billion spending plan for the next two years, voted 103-44 in favor of the amendment. The revision declared state money “may not be used to pay for or support a school voucher, education savings account, or tax credit scholarship program or a similar program through which a child may use state money for non-public education.”

The Republican-led House also rejected a follow-up amendment allowing the state to fund a smaller so-called school voucher program limited to children from poor families. The chamber voted that idea down 117-27, signalling that paring down Patrick’s prized Senate Bill 3 will not win it more votes.

“Good-bye SB 3,” Rep. Gene Wu, D-Houston, said from his desk after the vote.

Assigned a low bill number to reflect its importance among Patrick’s priorities, SB 3 would create education savings accounts that parents can tap to pay for private school tuition, home school costs, tutoring or other expenses. The bill would also create a tax credit scholarship program that rewards businesses with a tax break for cutting checks to the state to fund scholarships that could send children to private school. The Senate passed that plan last week on a 18-13 vote.

[…]

With the bill unlikely to pass this year, advocates for vouchers and school choice will use the vote to drive their political activities in the 2018 elections by singling out lawmakers who voted against vouchers, said Randan Steinhauser, co-founder of Texans for Education Opportunity, which advocates for broader school choice.

“This isn’t surprising. The House has always been an obstacle, and there are many Republicans who are not representing their constituents and their school children,” said Steinhauser, who has already gone door-knocking in several Republican lawmakers’ districts to pressure them into voting for vouchers. “This is an opportunity for parents in the state of Texas to see who is standing in the way of educational opportunity.”

See here for the background. I’ll get back to this in a second, but in the meantime, as Depeche Mode advises, enjoy the silence.

A day after Texas House members pointedly approved an amendment to prohibit the use of public money for private schools, Lt. Gov. Dan Patrick, the Legislature’s most vocal proponent of so-called “school choice,” has yet to issue a public reaction.

[…]

Repeated calls and emails to Patrick’s office for comment went unanswered Thursday and Friday, although his staff has posted videos of him on Facebook talking about child abuse prevention initiatives and tuition set-asides since the House vote Thursday morning.

Patrick, who has rallied for years to pass a school choice program, assigned the proposal a low bill number to indicate its importance among his legislative priorities. Last week, he and Taylor, the Senate education chairman, pared down the bill to appease senators on the fence about the proposal, agreeing to exempt counties of less than 285,000 unless voters there petition for a voucher program.

Taylor, a Friendswood Republican and sponsor of the bill, did not respond to requests for comment Friday about whether he had been in contact with Patrick about how they would proceed on the measure.

House lawmakers long have said they have little interest in passing SB 3 and Public Education Chairman Dan Huberty, R-Houston, said he did not want to force his committee to vote on the bill. The measure, which passed the Senate 18-13, is now awaiting action in the House.

A defeat on school vouchers likely would not hurt the lieutenant governor, said Jason Sabo, a longtime political observer and education lobbyist. Instead, he said, the House vote shows how politics are evolving away from party loyalty and toward regional and issue-based factions.

“It’s not about party. It’s about place,” he said. “If the largest employer in half the counties in your giant legislative district are public schools, you hate vouchers, it doesn’t matter if you’re a Democrat or a Republican. You’re anti-voucher. ”

Who knew it was even possible to get Dan Patrick to shut up? And with all due respect to Jason Sabo, whose remarks may be a bit out of context here, this alignment on vouchers is nothing new. As this DMN article from January notes, people have been pushing for vouchers, thankfully without success, for going on thirty years. The Legislature came fairly close to fulfilling the wishes of people like GOP megadonor James Leininger, who was then the main force behind vouchers, during the 2005 session. Among other things, this led to the rise of the Texas Parent PAC and its shocking primary win over then-House Education Committee Chair Kent Gruesendorf. Patrick has taken up the banner in the two sessions since he became Lite Guv, but the fight long predates him.

And this is why Randan Steinhauser is wrong. At this point, there have been many elections, mostly Republican primaries, in which public education has been a big issue. Even with the likes of Leininger and then-Speaker Tom Craddick and now Dan Patrick behind them, voucher proponents have basically gained no ground, and aren’t anywhere close to a majority in the House. Hell, we’re at a point where they had to rebrand themselves, because “vouchers” has become a toxic label, and resort to a third-rate astroturfing campaign for their lobbying. Voucher supporters are the definition of a narrow interest group seeking to carve out an advantage for themselves. I’m not going to say they’ll never succeed, because politics doesn’t work like that, but I see no evidence that they are gaining public acceptance. They got the fate that they, and Dan Patrick, deserved.

House passes its budget

Mostly shenanigan-free, with a nice little side order of shade for a few people who deserve it.

After 15 and a half hours of debate on hundreds of amendments to the Texas House budget, lawmakers in the lower chamber passed the two-year, $218 billion document, with 131 votes in favor and 16 votes against.

The House vote included using $2.5 billion from the state’s savings account, colloquially known as the Rainy Day Fund. State Rep. John Zerwas, R-Richmond, thanked lawmakers for exhibiting “true leadership” with their willingness to tap the fund, “instead of electing to use an unconstitutional transfer from the transportation funding.”

That was a jab at the Senate, which last week approved its version of the two-year budget using a $2.5 billion accounting trick to free up funds dedicated to highway spending. The House must now work with the Senate, which is under the leadership of Lt. Gov. Dan Patrick, who vehemently opposes using the Rainy Day Fund, to reconcile their budget differences.

House lawmakers, debating the budget late into Thursday night, took several jabs at Patrick and other statewide elected officials throughout the evening.

Included in the fray were Gov. Greg Abbott, who saw one of his prized economic development programs defunded; Patrick, who heard a resounding “no” when his favored proposal to subsidize private school tuition with public funds was put to a vote; and Attorney General Ken Paxton, who lost more than $20 million from his agency’s budget for lawsuits.

On the winning side of the House budget debate were child welfare advocates, who saw funding for foster care and Child Protective Services tentatively boosted; social conservatives, who scored $20 million for the Alternatives to Abortion program; and the lieutenants of House Speaker Joe Straus’ leadership team who, in a display of unity, easily brushed aside most challenges from far-right Republicans.

Statewide GOP leaders took some of the heftiest blows in the House chamber. Lawmakers there voted to strip $43 million from the governor’s Texas Enterprise Fund, the “deal-closing” fund the state uses to lure businesses from elsewhere, and divide it into two equal pots: one for Child Protective Services and foster care funding, the other for a program that pays for disabled children’s physical, occupational and speech therapy services. Both are hot-button issues that have dominated the House’s budget negotiations during this legislative session.

[…]

Private school subsidies, a pet issue of Patrick and his Senate, also suffered a perhaps fatal wound on Thursday. House lawmakers voted 103-44 to prevent state money from being spent to subsidize private school tuition in the form of vouchers, education savings accounts or tuition scholarships. The proposal’s author, state Rep. Abel Herrero, D-Robstown, said it was “in support of our public schools and our neighborhood schools.”

[…]

Paxton’s attorney general’s office also saw funding gutted by House lawmakers who opted to instead fund programs that serve vulnerable children. Foster care funding would receive $21.5 million that was previously intended to pay for Paxton’s legal services budget under a proposal by state Rep. Ina Minjarez, D-San Antonio, that passed 82 to 61.

See here for more on the Enterprise Fund de-funding, which made me smile. Despite promises of shenanigans and roughly a gazillion amendments filed, there was more good done to the budget than bad. Which is not to say it’s a good budget, but it’s far from the worst we’ve ever seen. Take your positives where you can.

Especially when they involve Dan Patrick getting pwned.

In late March, lobbying group Texans for Education Opportunity used an online campaign to generate thousands of letters to 29 state representatives lobbying them to back education savings accounts, one of the subsidy programs in SB 3. Though the group claimed the letters were credible, the letters stirred up suspicion after no representative could find a constituent who remembered adding their name to that correspondence.

Of the 29 representatives targeted in the campaign, 26 voted Thursday to block money from funding “private school choice” programs.

RG Ratcliffe called it a “mugging”. As former Houston Rockets radio announcer Gene Peterson used to say, how sweet it is. Also, too, going back to the first story, there’s this:

Stickland had filed an amendment defund a state program for the abatement of feral hogs, which he’s become known for championing at the Legislature each session. Stickland railed predictably against the program, calling it “ridiculous” and a waste of money.

“It has not worked, and it never will work,” Stickland said, his voice rising.

That apparently offended rural lawmakers, notably state Rep. Drew Springer, R-Muenster. In response, Springer attached an amendment to Stickland’s proposal that would cut the same amount of funding for the Texas Department of Transportation, but only for roads and highways in Stickland’s hometown of Bedford.

Stickland took to the back microphone to cry foul.

“Someone else has chosen to make a mockery of this system and play gotcha politics,” he said before being interrupted. Laughter had erupted in the gallery.

“It’s funny until it happens to you,” he continued.

Springer and Stickland then confronted each other on the middle of the House floor and had to be separated by colleagues. Springer’s amendment ultimately passed, 99 to 26, forcing Stickland to withdraw his own proposal to which it had been attached.

What is best in life is to crush your enemies, see them driven before you, and hear the lamentations of Jonathan Stickland. And Briscoe Cain, too, the Chester to Stickland’s Spike, except without the victorious denouement for Chester. Look, just because the House passed a budget doesn’t mean this is the budget we’ll get. The Senate passed a budget, too, and there are lots of differences to be worked out between the two. The final version will be different, and some of the things we are cheering now may be undone in that. But that’s no reason not to cheer for the things that deserve it now. The Observer and the Press have more.

The fallout from the chubfest

Cleaning up some loose ends…The campus carry bill that was the subject of much chubbing passed on final reading.

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The battle over “campus carry” is headed back to the Texas Senate after House lawmakers gave final approval Wednesday to legislation requiring universities in the state to allow concealed handguns on campus.

Senate Bill 11 from state Sen. Brian Birdwell, R-Granbury, narrowly avoided becoming a casualty of a key midnight deadline Tuesday before House members brokered a last-minute deal to accept several amendments limiting the measure’s reach.

Despite speculation that opponents would put up a fight before Wednesday’s vote on final passage, the measure sailed through in a 102-44 vote. Three Democrats — Tracy King of Batesville, Ryan Guillen of Rio Grande City and Abel Herrero of Corpus Christi — voted with Republicans for the measure.

The language added in the House exempts health facilities, lets universities carve out gun-free zones, and states that private colleges would have to follow the same rules as public universities. It is a significant departure from the version that passed the Senate, where Birdwell rejected several amendments attempting similar changes.

If the Senate does not concur with the new language, lawmakers will then head to conference committee to iron out their differences. After that, both chambers will have to approve the final version of the bill.

Seems unlikely to me that the Senate will concur with the changes, which both weakened and broadened the bill. If I had to guess, I’d say they’ll take their chances in a conference committee. We’ll see.

Speaking on conference committee, that’s where the other carry bill is headed.

After outspoken opposition from the state’s law enforcement officials, the Texas House on Wednesday took a step toward removing a controversial provision from legislation allowing licensed Texans to openly carry handguns.

At the center of debate was language added to House Bill 910 in the Senate that limits the power of law enforcement to ask those visibly carrying guns to present their permits. Opponents say that provision amounts to a backdoor effort to repeal licensing requirements for handgun-toting Texans altogether, endangering the lives of police officers and the public.

The issue will now be hashed out by Senate and House appointees behind closed doors in a conference committee.

The move to negotiate in conference committee passed against the wishes of the bill’s author, state Rep. Larry Phillips. The Sherman Republican said the language was needed to clarify current law.

He found support from some unlikely allies, including state Rep. Harold Dutton, D-Houston, who said the provision was needed to prevent racial profiling.

“I’m not willing to give up my liberty in order for the police to go catch some criminal,” said Dutton, who unsuccessfully proposed the amendment when the bill first came up in the House. He gave a fiery speech on Wednesday in favor of keeping the language, which had been added in the Senate by Republican Sen. Don Huffines, R-Dallas.

[…]

The two former police officers in the chamber — state Reps. Allen Fletcher of Houston and Phil King of Weatherford, both Republicans — also teamed up to argue against it.

King urged lawmakers to give law enforcement officials the courtesy of at least allowing a committee to explore a compromise on the issue.

“I honestly believe that the unintentional result of the amendment … is to make it very difficult to do their job,” said King.

The partisan dynamics of this one are interesting, to say the least. I have no idea what will happen in committee. As the story notes, if the process takes long enough, the bill could wind up being vulnerable to a last-day filibuster. Who will put on the pink sneakers this time?

The other bill that generated a bunch of chubbing was the ethics bill. That passed, too, but not without a lot of drama.

After a passionate and sometimes raunchy Tuesday night debate, the Texas House on Wednesday gave final sign-off to a far-reaching ethics reform package that would shine light on so-called “dark money” while heavily restricting undercover recordings in the state Capitol.

The bill faces a potentially bruising showdown with the Senate over the details. A stalemate could torpedo the bill, and along with it a significant chunk of Gov. Greg Abbott’s top priorities for the session. But the 102-44 vote in favor of the Senate Bill 19 keeps it alive as the 2015 session comes to its dramatic finale over the next few days.

State Sen. Van Taylor, a Plano Republican who has carried ethics reform in his chamber, quickly issued a statement on Tuesday night expressing “astonishment for the elimination of meaningful ethics reform” in the House version of the bill.

“Some in the House apparently don’t think elected officials are the problem and instead muddled the bill with a litany of bizarre measures that point the finger at everyone besides themselves, including a page from Hillary Clinton’s playbook to launch an assault on the First Amendment,” Taylor’s statement said. “This is one of those head shaking moments that rightfully raise doubts in the minds of our constituents as to the Legislature’s resolve to serve the people above all else.”

The bill author, Rep. Byron Cook, R-Corsicana, said dark money has had a corrupting influence on politics in the United States and warned that without reforms those abuses will eventually visit Texas. In the 2012 election cycle, politically active non-profits spent more than $300 million in dark money to influence elections, according to the Center for Responsive Politics. A dark money scandal in Utah also brought down that state’s attorney general.

Quoting from a message to Congress from President Ronald Reagan, delivered in 1988, Cook said the right to free speech depends upon a “requirement of full disclosure of all campaign contributions, including in-kind contributions, and expenditures on behalf of any electoral activities.”

[…]

There’s a deep split among Republicans — and between the House and Senate — over the dark money provision in the bill. It would require that large contributions of dark money — or anonymous donations made to politically active nonprofits — be disclosed.

Rep. Matt Rinaldi, R-Irving, objecting to the dark money and other provisions, tried to gut the bill, which he said was “designed to protect us from the people. It’s not designed to protect the people from us.”

But his amendment failed 133-33.

That means a showdown is looming, and that could jeopardize SB 19 once it leaves the House floor.

Which could mean a special session if it fails, since this was an “emergency” item for Abbott, though he hasn’t really acted like it’s that important to him since then. Once again I say, I have no idea what will happen, but it should be fun to watch.

As noted in the previous post, the last minute attempt to attach Cecil Bell’s anti-same-sex-marriage-license bill to an otherwise innocuous county affairs bill was likely to come to nothing – late last night, Rep. Garnet Coleman sent out a press release saying the bill had been pulled from consideration in the Senate, which settled the matter – but that didn’t stop the Senate from thumping its chest one last time.

Following an emotional floor debate, the Texas Senate passed a resolution Wednesday evening reaffirming the state’s opposition to same-sex marriage, an action taken as it became clear that a bill to prevent such marriages in Texas was dead.

The body’s 20 Republican senators and state Sen. Eddie Lucio, D-Brownsville, voted for Senate Resolution 1028, authored by state Sen. Kelly Hancock, R-North Richland Hills, that affirmed “the present definition” of marriage in the state.

“This resolution is intended by those of us who signed it to demonstrate that we continue to support what the people of this state have expressed,” state Sen. Jane Nelson, R-Flower Mound, said.

Whatever. I’m too tired to expend any energy on this. It has the same legal effect as me saying “Senate Republicans and Eddie Lucio are big fat poopyheads”, and about as much maturity.

Finally, here’s a look at criminal justice bills and where they stand – some good things have been done – and an analysis of how the rules were used as the clock waned. I’m ready for a drink, a long weekend, and sine die. How about you?

One marijuana reform bill passes out of committee

This is a pleasant surprise.

Rep. Joe Moody

For the first time, a committee in the Legislature has approved a bill to decriminalize possession of marijuana, a move advocates hailed as a milestone moment in Texas.

The state House Criminal Jurisprudence Committee passed House Bill 507 late Monday, just three days after narrowly voting it down.

The tally the second time around was 4-2, with tea party Republican David Simpson of Longview joining with three Democrats. One GOP member did not attend.

The measure, which would make possession of less than an ounce of pot a civil infraction instead of a class B misdemeanor, will now go to the committee that controls the floor calendar.

It will likely stay there, and has virtually no chance of becoming law in a deeply conservative Legislature.

Nevertheless, the committee’s decision speaks volumes on how far Texas has shifted on the controversial matter.

Bill sponsor Joe Moody, D-El Paso, said in a statement that “Texas cannot afford to continue criminalizing tens of thousands of citizens for marijuana possession each year.”

“We need to start taking a more level-headed approach,” Moody said. “It is neither fair nor prudent to arrest people, jail them, and give them criminal records for such a low-level, non-violent offense.”

[…]

In addition to Moody and Simpson, state Reps. Abel Herrero of Robstown and Terry Canales of Edinburg supported the bill. Plano Republicans Jeff Leach and Matt Shaheen voted no.

See here for the background. As the story notes, this bill had been voted down 3-2 in committee on Friday, but Canales was absent and Herrero voted against it at that time, having some concerns about the bill that Moody was able to assuage. This bill may never gets on the calendar for a vote from the full House, but just getting it out of committee is a big step forward.

The other pot reform bills are unlikely to fare as well.

The chair of the committee that controls the fate of medical marijuana legalization in Texas said Monday that “there are still a lot of questions to be answered” about the legislation, indicating it is unlikely to win approval before next week’s deadline.

“The bills need a lot of time and attention,” state Rep. Myra Crownover, R-Denton, said in an interview outside a forum here about health issues in the Legislature.

The House Public Health Commitee chair’s comments came after a discussion in which she said she had heard “compelling” testimony about possible benefits of marijuana for medical conditions but wanted to study how legalization has played out in states such as Colorado and California.

She would not declare the bill dead in the interview, but repeated the state was at the beginning of a “long process” toward legalization.

See here, here, and here for the background. The deadline for bills to pass out of committee for consideration on the floor is Monday, so you do the math. If you had 2015 for medical marijuana legalization in the office betting pool, you may as well use those betting slips as rolling paper, because you’re not getting any other value out of them. A statement from RAMP on Rep. Moody’s bill is here, and the Current has more.

UPDATE: Wow.

In a surprise move that supporters hailed as a historic victory, the Texas House Criminal Jurisprudence Committee approved legislation Wednesday to make it legal to buy and sell marijuana in the state.

Two Republicans joined with the panel’s three Democrats in support, giving House Bill 2165 a decisive 5-2 victory.

The proposal, which would make Texas the fifth state in America to OK pot for recreational purposes, has virtually no chance of clearing any other hurdles on the path to becoming law in this year’s legislative session.

Still, advocates described the committee vote as a big step toward future success.

“Marijuana policy reform continues to make unprecedented progress this session,” Phillip Martin of the liberal group Progress Texas tweeted just after the vote.

Apparently, the Texas Compassionate Use Act also passed out of committee. Gotta say, I didn’t expect either of that. I don’t expect any of these bills to go farther than this, but still, a bridge has been crossed. It’s impressive.

Budget passes House as most amendments get pulled

It was a long day in the House on Tuesday and Wednesday but not a terribly bloody one as many of the budget amendments and riders that had been queued up got withdrawn. A brief recap of the action:

Border “security”:

BagOfMoney

House Democrats tried — and mostly failed — to divert funds allotted for border security and the Texas Department of Public Safety to other departments during Tuesday’s marathon budget debate.

But the rancor over immigration enforcement that many expected didn’t materialize after lawmakers agreed to pull down amendments that, if debated, would have aired ideological differences over the contentious issue.

After predicting a “bloody day” on the House floor, state Rep. Jonathan Stickland, R-Bedford, pulled an amendment that would have reduced the appropriations for a public college or university by the same amount that it awarded in grants or financial aid to undocumented students.

Last month, Stickland expressed frustration over the lack of traction for a bill he filed to eliminate a 2001 provision that allows undocumented immigrants in-state tuition.

But on Tuesday, Stickland, with little attention or fanfare, withdrew the amendment after discussions with lawmakers.

“We did some negotiations,” he said.

An amendment by state Rep. Tony Tinderholt, R-Arlington, that would have defunded the state’s Border Faculty Loan Repayment Program, which was created to help keep doctoral students on the border to teach, was also withdrawn with little attention.

On the funding, Democrats made good on their promises to try and take money from border security operations, which was at about $565 million when the day began, to local entities or other state departments.

[…]

One border lawmaker had tentative success in transferring money from DPS to his district for local law enforcement grants. An amendment by state Rep. Alfonso “Poncho” Nevarez, D-Eagle Pass, would take $10 million from the agency for that effort. But it’s contingent upon another measure — Republican state Rep. Dennis Bonnen’s House Bill 11, an omnibus border security bill — making it to Gov. Greg Abbott’s desk and getting signed.

Republicans had a bit more success in shifting money.

State Rep. Dan Huberty, R-Houston, was able to direct money into the state’s military forces for paid training for Texas’ 2,300 members of the reserve unit.

“Most of them reside in most of our districts, and we have zeroed out money for training,” he said.

But the success came after a lengthy back and forth between Huberty and members upset at where the funds would be taken from. Huberty offered one amendment that would have taken $2.2 million from the Texas Agriculture Department. That didn’t sit well with Democrat Tracy King, D-Batesville, the chairman of the House Agriculture and Livestock Committee. Huberty eventually pulled that amendment and instead took $2.2 million from the Texas Facilities Commission.

Huberty specified on Monday that the money is not intended to extend the Texas National Guard’s deployment on the Texas-Mexico border.

The Senate wants to spend even more money on the ridiculous border surge, so this fight is far from over. The fact that this is a complete boondoggle that makes the rest of the state less safe, it’s one of the few things that certain legislators actually want to spend money on.

The voucher fight was similarly deferred.

A potentially contentious vote on a measure that would have banned spending public money on school vouchers was avoided after its author withdrew the amendment.

Rep. Abel Herrero (D-Corpus Christi) said he pulled the amendment because it wasn’t necessary.

“Given the commitment of the House to supporting public education, I felt this amendment was duplicative,” Herrero said. It also would have forced some lawmakers to take a difficult vote, caught between turning their backs on their district’s public schools and potentially earning the ire of conservative interest groups.

A coalition of Democrats and rural Republican lawmakers has coalesced during the past two decades to defeat voucher legislation. Herrero said the anti-voucher coalition is still strong.

“The coalition is solid,” Herrero said, “Vouchers for all intents and purposes are dead in the House.”

The coalition may be strong, but Texas Republican Party Chairman Tom Mechler is working to weaken it. Mechler sent a letter to GOP legislators Tuesday pushing them to vote against Herrero’s amendment.

If you followed the budget action on Twitter, this was the first major amendment to get pulled, and it was a sign of things to come. Attention will shift to Public Education Chair Jimmie Don Aycock when that loser of a bill passes the Senate.

Finally, you knew there had to be a moment that would be worthy of the Daily Show and the kind of viral mockery that makes us all heave deep sighs. Sure enough:

Seven hours into Tuesday’s debate on the House’s $210 billion two-year budget, things got first heated and then uncomfortable as state Rep. Stuart Spitzer, R-Kaufman, successfully pushed an amendment to move $3 million from HIV and STD prevention programs to pay for abstinence education.

A line of opponents gathered behind the podium as Spitzer laid out his amendment and proceeded to grill, quiz and challenge the lawmaker on his motives.

“Is it not significant that Texas has the third-highest number of HIV cases in the country?” state Rep. Sylvester Turner, D-Houston, asked. “Does it bother you to know there are people walking around with HIV, undiagnosed?”

Turner and Spitzer also had an exchange over how Spitzer had arrived at his price tag. “If we gave you a billion dollars for abstinence, would that be enough?” Turner asked. “Or would you need two?”

[…]

Texas allows school districts to decide whether and how to approach sex education, as long as they teach more about abstinence than any other preventive method, like condoms and birth control. But a number of representatives questioned the effectiveness of this program.

State Rep. Chris Turner, D-Grand Prairie, pointed out that the state currently has one of the highest rates of teen pregnancy in the country, and the single-highest rate of repeat teen pregnancy.

“It may not be working well,” said Spitzer, in reference to the current abstinence education program. “But abstinence education is HIV prevention. They are essentially the same thing.”

State Rep. Harold Dutton Jr., D-Houston, took to the podium and asked Spitzer, “Were you taught abstinence education? Did it work?”

Spitzer replied that he was a virgin when he married at age 29. “I’ve only had sex with one woman in my life, and that’s my wife,” Spitzer said.

Dutton continued. “And since you brought it up, is that the first woman you asked?”

“I’m not sure that’s an appropriate question,” Spitzer responded.

The House was called to order, and Rep. Nicole Collier, D-Fort Worth, took the microphone. “Earlier you stated that you could not get STDs without having sex,” she said.

“It depends on what your definition of sex is,” said Spitzer. “I can go through of all of this if you want to.”

“If you still think you can’t get an STD without having sex, then maybe we need to educate you,” Collier added.

Spitzer’s amendment ultimately passed 97 to 47.

Spitzer is a medical doctor, because having one Donna Campbell in the Lege just wasn’t enough. He must have been absent the day they went over how intravenous drug use is a frequent means of transmission for HIV. This is another lesson the state of Indiana could teach us if we cared to pay attention. The Observer, Nonsequiteuse, RG Ratcliffe, Trail Blazers, and Newsdesk have more.

Let the budgetary games begin

The House takes up the budget today, with over 300 amendments and riders queued up for votes. A couple of things to watch for as the debate goes on:

Killing vouchers.

BagOfMoney

Lawmakers in the Texas House will have a chance to draw a line in the sand over private school vouchers during the upcoming battle over the budget Tuesday.

An amendment filed by state Rep. Abel Herrero, D-Corpus Christi, would ban the use of state dollars to fund private education for students in elementary through high schools, including through so-called tax credit scholarships.

If passed, the measure — one of more than 350 budget amendments covering topics from border security to abortion up for House consideration — would deliver a blow to Lt. Gov. Dan Patrick.

[…]

If Herrero’s amendment fails, it would represent a dramatic change in sentiment for the chamber, which overwhelmingly passed a similar budget amendment during the 2013 legislative session. Patrick, a Houston Republican who served as state senator before taking office as lieutenant governor in January, led that chamber’s education panel at the time.

Rep. Herrero’s amendment from 2013 passed by a 103-43 vote. Neither Speaker Straus nor Public Ed Chair Rep. Jimmie Don Aycock is any more pro-voucher than they were last year, and neither is Dan Patrick any more beloved, so you have to feel pretty good about the chances this time, though it’s best not to count your amendments till they pass. If it does, that won’t fully drive a stake through vouchers’ cold, greedy heart for the session, but it’ll be a solid blow against them.

“Alternatives To Abortion”

As the Texas House prepares for a floor fight Tuesday over its budget, a flurry of amendments filed by Democrats seeks to defund the state’s Alternatives to Abortion program.

A group of Democratic lawmakers filed more than a dozen amendments to either reduce or eliminate funding for the program, which provides “pregnancy and parenting information” to low-income women. Under the program, the state contracts with the Texas Pregnancy Care Network, a nonprofit charity organization with a network of crisis pregnancy resource centers that provide counseling and adoption assistance.

Since September 2006, the program has served roughly 110,000 clients. The network features 60 provider locations, including crisis pregnancy centers, maternity homes and adoption agencies.

State Rep. Jessica Farrar, D-Houston, said she filed an amendment to defund the entire program because the state is giving more money to “coerce women” into a “political ideology instead of providing information and services” at a time when Texas women’s access to health services is being reduced.

The proposed House budget allocates $9.15 million a year to the program in 2016 and 2017 — up from $5.15 million in the last budget.

“I think it’s troublesome that here we are going to almost double funding for a program that has not proven to be successful in any way,” said Farrar, chairwoman of the Women’s Health Caucus in the House. An additional amendment by Farrar would require an audit of the program.

Several House Democrats filed similar amendments, including Borris Miles of Houston, Celia Israel of Austin and Chris Turner of Grand Prairie, whose amendments would transfer more than $8 million from the Alternatives to Abortion program to family planning services and programs for people with disabilities.

“These facilities have very little regulation, no accountability and no requirement to offer actual medical services,” Turner said, adding that funding could be used for other medical programs. “My amendments are an attempt to address our state’s real priorities and needs.”

Two Republicans, meanwhile, filed measures to boost the program’s funding.

I don’t expect Dems to win this fight, but it’s a fight worth having.

Other women’s health funding issues

The state currently administers three similar women’s health programs that cover things like annual well woman exams, birth control and cancer screenings for low-income women.

The newest program, the Expanded Primary Health Care Program, created in 2013, is slated to get the funding bump, bringing the total for women’s health services in the House version of the budget to about $130 million per year.

Here is the breakdown of funding for each program:

  • Texas Women’s Health Program: $34.9 million in 2016, $35.1 million in 2017
  • Expanded Primary Health Care Program: $73.4 million in 2016, $73.4 million in 2017
  • Family planning program administered by Department of State Health Services: $21.4 million in 2016, $21.4 million in 2017

In 2011, motivated by a never-ending quest to defund Planned Parenthood, the Texas Legislature slashed family planning funding by nearly $70 million, leaving about $40 million for preventive and contraceptive services for low-income women. A recent study by the University of Texas at Austin’s Texas Policy Evaluation Project, a research group that studies the effects of family planning budget cuts, found that more than 100,000 women lost services after the 2011 cuts and 82 family planning clinics closed. In 2013, the Legislature restored the $70 million and put it into the newly created Expanded Primary Health Care Program, which became a separate item in the state budget. Still, advocates and providers have consistently fought for more money, arguing that the state is only serving one-third of women eligible to receive services.

[…]

Here is a list of other women’s health amendments and riders to watch for:

  • State Rep. Mary Gonzalez (D-Clint) filed an amendment that would allow teenagers who are 15 to 17 years old and already mothers to get contraception without their parents’ consent. Right now, state law requires that all teenagers under the age of 18 get their parent’s permission for birth control. The amendment mirrors Gonzalez’s House Bill 468, which she presented to the House State Affairs Committee in mid-March.
  • State Rep. Chris Turner (D-Arlington) has proposed a rider that would ensure sex education programs teach “medically accurate” information to public school students.
  • State Rep. Bryan Hughes (R-Mineola) proposes adding even more money to the Alternatives to Abortion program by taking almost $7 million from the Commission on Environmental Quality.
  • A House budget rider by state Rep. Sarah Davis (R-Houston) protects the state’s Breast and Cervical Cancer Services program that provides breast and cervical cancer screenings for uninsured women, under attack this session by conservative lawmakers hell bent on, you guessed it, defunding Planned Parenthood.

Some possible winners in there – in a decent world, Rep. Gonzalez’s bill would be a no-brainer – but again, fights worth having. Rep. Sarah Davis has received some liberal adulation this session for trying to do good on women’s health issues. That budget rider will be a test of whether she can actually move some of her colleagues or not.

Public education

An amendment by the House’s lead budget writer, Appropriations Committee Chairman John Otto would allocate $800 million more to certain public schools as part of a plan announced last week to diminish the inequities that exist among districts under the current funding scheme.

[…]

At the news conference Monday, Austin state Rep. Donna Howard said at least 20 percent of public schools still will receive less per-student funding than they did in 2011 under the proposal. That year, state lawmakers cut $5.4 billion from public education, restoring about $3.4 billion two years later.

“We aren’t keeping up as it is,” Howard said.

She also noted the plan also does not include the $130 million that had been earmarked for a bill containing Gov. Greg Abbott’s plan to bolster pre-K programs — an amount she described as insufficient considering it does fully restore funding to a pre-K grant program gutted in 2011.

Howard has filed a budget amendment that would allocate $300 million for pre-K.

Pre-K is one of Greg Abbott’s priorities this session, but his proposal is small ball. Rep. Howard’s amendment has a chance, but we’ll see if Abbott’s office gets involved.

And finally, same sex benefits, because of course there is.

Rep. Drew Springer (R-Muenster) is again trying to bar Texas school districts from offering benefits to the same-sex partners of employees.

Springer has introduced a budget amendment that would eliminate state funding for districts that violate the Texas Constitution, which prohibits recognition of same-sex partnerships.

The amendment is similar to a bill Springer authored two years ago, which cleared committee but was never considered on the floor. Under Springer’s budget amendment, the education commissioner, in consultation with the attorney general, would decide whether districts have violated the Constitution. Districts would have 60 days to correct the problem.

According to Equality Texas, Springer’s amendment is aimed at the Austin, Pflugerville and San Antonio school districts, which offer “plus-one” benefits that are inclusive of same-sex partners. But the group says those benefits are in line with a 2013 opinion from former Attorney General Greg Abbott, which found that such programs are only illegal if they create or recognize a status similar to marriage.

Yes, as noted, Rep. Springer has tried to meddle in this area before. I admit, I’m more worried about a budget amendment this year than a bill in 2013. Keep a close eye on that one.

Calling to add to the call

The special session is just a day old, and already legislators are lining up to extend its agenda to cover things that didn’t get done during regulation time.

snl-church-lady-special

Senate Finance Chairman Tommy Williams, R-The Woodlands, and Senate Transportation Chairman Robert Nichols, R-Jacksonville, have filed a resolution that would ask voters to approve diverting some of the revenue that traditionally goes to the state’s savings account into the state’s highway fund.

“We’ve talked to Perry’s office about it,” Williams said. “They like it. I think they’ll be very supportive of it.”

Last week, days before the end of the regular session, Williams proposed the same plan to House budget leaders, who were not receptive to considering it so late in the session.

Williams is now hopeful that Perry will add the issue to a special session agenda that so far only covers redistricting issues. At a news conference Tuesday, Perry did not rule out adding other issues to the special session agenda.

“Unlike water for the last decade, we have addressed transportation, so there’s been some important movement in the transportation side,” Perry said. “Is it enough, from my perspective? No, but, again, I think it’s a little bit premature, with less than 24 hours since we’ve called this special, to be addressing whether we’re going to be adding anything to the call or not.”

Transportation funding was one of those issues that just sort of went away at the end of the session, as there was no consensus on how to proceed. I’m skeptical that Perry will accept the use of Rainy Day funds for this purpose, even if ratified by the voters, and I’m even more skeptical that the teabagger contingent will go for it, but of all the things that could be added to the call of this session, that would be among the more constructive items. Among the less constructive items are bills that have been re-filed for more guns and fewer abortions. Perry isn’t saying yet what if anything else he might add to the call, but as I’ve said before, it’s hard to see how going full metal wingnut hurts him.

So for now at least, the special session is limited to redistricting, and in particular to passing bills to make the interim maps permanent. That hasn’t stopped Democrats from filing their own redistricting plans, but don’t hold your breath waiting for them to have a hearing. As with the existence of this session, filing these maps is about the ongoing litigation. Via BOR, Rep. Garnet Coleman sums it up:

“Governor Perry has called us back into special session in order to adopt the interim maps as the permanent maps for the State of Texas.

Based on the narrowness of the Governor’s call, no alternative plans may be considered. The interim maps were clearly intended to be only temporary so that the state of Texas could hold elections; they were not intended to address all of the Legislature’s failures in adhering to the Voting Rights Act under Sections 2 and 5.

House Committee Hearings on the interim maps are set for this Friday and Saturday, which is not enough notice to allow the public to provide adequate testimony on the interim maps. Even if this were enough time, the narrowness of the Governor’s call means that publicly requested changes could not be adopted, effectively shutting out the opinions of Texas citizens.

The San Antonio three-judge panel has previously shown with plan H302 that they are able to draw maps that adhere to Sections 2 and 5 of the Voting Rights Act and allow for adequate minority representation. I am going to file this plan as a demonstration that an alternative plan can be drawn that satisfies the Voting Rights Act. I shall file an additional plan later this week that will also accomplish these goals.

During the first call of the special session of the Legislature, members of color will once again demonstrate that the Texas Legislature is pursuing a course to deny effective representation of racial and ethnic minorities and communities of interest.”

The San Antonio court will once again have its hands full, and not much time to deal with all the issues before them. June is going to be a hell of a month.

House debates its budget

As you know, yesterday was Budgetpalooza in the House.

The House budget puts more money into public education and less into health and human services than a Senate proposal that passed the upper chamber last month.

“No one is or will be entirely happy with this bill, but there is something for everyone this year,” House Appropriations Chairman Jim Pitts, R-Waxahachie, said two weeks ago after his committee approved its version of Senate Bill 1.

[…]

It will be a strikingly different scene from the Senate, which passed its budget proposal last month after about four hours of discussion. Traditionally, senators do not amend their budget plan from the Senate floor. State Sen. Wendy Davis, D-Fort Worth, offered an amendment on the bill related to school finance but then withdrew it.

After the House passes a budget bill, both the House and Senate will appoint conference committees to resolve differences between the two proposals.

Neither budget completely reverses last session’s $5.4 billion in cuts to public schools, a goal many Democrats have said is a priority. Several House members have filed amendments attempting to put more money into schools.

Other legislators hope to amend the budget to put more money for uninsured care or specific types of care.

An amendment from state Rep. Donna Howard, D-Austin, aimed at increasing payments to health care providers serving Medicaid patients could spark a protracted discussion over whether Texas should accept federal dollars made available through the Affordable Care Act and expand Medicaid.

House members could also see themselves drawn into debates on hot-button cultural issues. State Rep. Jessica Farrar, D-Houston, has several amendments aimed at reducing state funding earmarked for “alternatives to abortion” and putting it toward other women’s health services. An amendment from state Rep. Bill Zedler, R-Arlington, would block funding for “gender and sexuality centers” at higher-education institutions.

A group of Republican freshmen have filed more than three dozen amendments that would take money away from various state programs and agencies and putting the funds into TRS-Care, the group health insurance program for the Teacher Retirement System, which is projected to have a shortfall by 2016.

TRS-Care has since said that they did not support the freshlings’ effort to de-fund various things on their behalf. A number of those hot-button amendments concerning abortion and women’s health were subsequently withdrawn in a bit of bipartisan detente, which if nothing else should make the whole thing go by a bit more quickly. There are still a lot of other issues to be debated, not all of which get much attention but all of which matter a lot to the people affected by them, and a few messages to be sent. One of the messages sent was about vouchers.

About eight hours into the House’s debate on the state budget Thursday, lawmakers in the lower chamber sent a clear signal about their position on private school vouchers.

An amendment from state Rep. Abel Herrero, D-Corpus Christi, that would ban the use of public dollars for private schools, passed 103-43 with bipartisan support.

“What this amendment basically does is say that you cannot use public money to support private institutions with vouchers,” said state Rep. John Otto, a Dayton Republican who is the House’s head education budget writer.

As they say, this is a big deal. Even Tom Craddick voted against vouchers, amazingly enough. If you listen carefully, you can hear Dan Patrick grinding his teeth. The Observer, Trail Blazers, and Texas Politics, which notes that despite this vote vouchers aren’t quite most sincerely dead yet, have more.

In the end, the House debated the budget well into the night, until almost 10 PM according to Rep. Gene Wu, who heroically live-tweeted the whole thing; BOR liveblogged it as well. Given the big vote in favor, it’s likely that nothing too horrible happened, but we’ll assess the damage later. It’s on to conference committee from here.

2012 election results

As I type this there are still a number of unsettled races in Texas, so things may change between now and tomorrow morning after we’ve all had an insufficient night’s sleep. But here’s how they stand at this time, and I will use my what I’ll be looking for post as a jumping off point.

Sen. Wendy Davis

First and foremost, State Sen. Wendy Davis was re-elected in SD10. I can’t begin to tell you how big that is. She was by far the Republicans’ biggest target this year, and she was again running in a district draw to favor a Republican candidate, this time without a Libertarian in the race to potentially draw votes away from her opponent. Yet she prevailed, riding an Election Day majority to a come-from-behind win, and thrusting herself squarely into the conversation for a statewide run at some point. Now the Democrats are assured of at least 11 Senate seats no matter how long it takes Rick Perry to call the special election to succeed the late Sen. Mario Gallegos, who also won, albeit much more easily. Again, this is huge.

As of this writing, Nick Lampson is trailing in CD14 by about 19,000 votes, with most of Galveston County still to report. I don’t know if he can win based on that. He fell short of the 60% he needed in Jefferson County that he supposedly needed, pulling 58.3% there. However, the Texas Tribune has called CD23 for Pete Gallego, who is leading by 6000 votes with only a handful of what are likely to be mostly friendly precincts still outstanding. Congrats to Rep.-Elect Pete Gallego!

It looks like Dems will exactly hit the target of +7 seats in the House for a total of 55. In addition to the three they won by default, they are leading in or have won HDs 34 (Abel Herrero), 78 (Joe Moody), 117 (Phillip Cortez), and 144 (Mary Ann Perez), while Rep. Craig Eiland has 53% with most of Galveston still out. Basically, Dems won four of the five districts in which they were the majority votegetters in most races in 2008, the exception being HD43, where turncoat Rep. JM Lozano appears to have held on. Sadly, Ann Johnson lost, but Gene Wu and Hubert Vo won easily.

Dems have picked up a seat on the SBOE as well, as Martha Dominguez has ousted Charlie Garza in SBOE1, while Marisa Perez won easily in SBOE3 and Ruben Cortez has held Mary Helen Berlanga’s seat in SBOE2. Considering what a massive clusterfsck this looked like after the Democratic primary, it’s a damn miracle.

With all but nine precincts reporting in Harris County, it’s a bit of a mixed bag. First, here’s the Presidential vote for Harris County as of this time:

Romney – 579,068
Obama – 579,070

Yes, Obama is leading Romney in Harris County by TWO VOTES. Good thing no one will call for a recount of that. The good news is that downballot Vince Ryan, Adrian Garcia, and Diane Trautman are all winning, while Mike Anderson has bested Lloyd Oliver. Sadly, Ann Harris Bennett appears to have fallen short by about 2400 votes. Fourteen of 20 Democratic judges won, while all five sitting Republican judges won, making the score 14-11 Dems overall.

Fort Bend County remained Republican. Obama will lose by a larger margin this time than in 2008 – he’s below 41% as I write this, but there are still 2000 precincts statewide to report. Given that, Keith Hampton never had a chance against Sharon Keller, but what is really disappointing is that he didn’t finish any closer to her than Obama did to Romney. However much newspaper endorsements meant in 2006, they meant squat to Keith Hampton. All of the Harris County-based appeals court candidates lost by about 10 points each. Incumbent Dem Diane Hanson lost on the Third Court, thanks in part to a peculiarly miniscule turnout in Travis County, but Dems knocked off three incumbent judges on the Fourth Court of Appeals.

Finally, all of the bond measures passed easily, as did the two Houston charter amendments and the Metro referendum. Dave Martin was elected to replace Mike Sullivan in Council District E with no runoff needed. Julian Castro’s pre-k referendum won. Marriage equality was victorious in Maine and Maryland, with Washington still out, and an anti-marriage equality referendum was narrowly losing in Minnesota. And Colorado legalized pot. Smoke ’em if you got ’em.

That’s all I’ve got for now. I’ll have more later, including a bonanza of precinct analyses once I get the data. Thank you and good night.

UPDATE: Rep. Eiland did win, as did the other Democratic legislative candidates I mentioned, so it’s +7 in the House. Nick Lampson did lose, so it’s +1 for the Dems in Congress.

Election tidbits for 9/28

Two weeks till Early Voting begins.

Psst! Hey, Peggy! Rep. Kristi Thibaut represents HD133 here in Houston, not Galveston. Just FYI.

As for the news that the GOP will be targeting State Rep. Abel Herrero, given the 2008 partisan index of HD34, plus the apparent likelihood that the Dems are once again punting on the statewide races and don’t have much of a plan to engage their base in South Texas, it makes sense. On the other hand, Herrero performed pretty decently against a well-funded opponent (he had more money, but not that much more), and I don’t at this time see him as being in much danger; at least, I don’t see him as being in as much danger as some other Democrats. But if I were a Republican, I’d want to take a shot at him, even if I thought it was a long shot.

Republican State Rep. Charlie Geren may face another primary challenger. After taking Tom Craddick and James Leininger’s best shots, I doubt he’s seriously worried.

Speaking of primaries, Democrat Eric Johnson boasts about raising over $100K in his effort to unseat State Rep. Terri Hodge. I think the verdict in the Dallas City Hall corruption case, for which Rep. Hodge has been indicted but not yet tried, will be the bigger determinant in his race than his fundraising, but it can’t hurt to have the resources to run.

Empower Texans, one of the conservative agitprop groups in the state, wants to know if you think Sen. Hutchison should resign or not. Not sure why they think if she does resign it will “save taxpayers up to $30 million”, and I’m not sure why that’s her responsibility and not Governor Perry’s, since the cost of the special election is in part a function of the date he sets for it, but whatever. I don’t expect logic from these guys anyway.

Was that Rasmussen poll that showed a KBH bounceback against Rick Perry a bogus result?

Last week, the Press named Sheriff Adrian Garcia the Best Democrat, and County Judge Ed Emmett the Best Republican. I can’t argue with either of those choices.

Mayoral candidate Gene Locke has recordings of numerous robocalls being made on his behalf by various elected officials that support his candidacy. I’ll say again, I think you ought to be spending your money on other forms of outreach, like mail – in this case, why not do these recorsings as radio ads – and save the robocalls for GOTV efforts. I say this as someone who generally hangs up on robocalls. Maybe I’m the exception here, I don’t know. But I suspect most people find these things more intrusive and annoying than anything else.

Speaking of ads, Peter Brown is set to release his third TV ad tomorrow. I’ll post the video when I get it. So far, that’s Brown 3, Parker 1, Locke 0, and I haven’t seen Parker’s ad on the tube yet. Still wondering when we’ll see new poll numbers so we’ll know if Brown’s air war has moved anyone into his column.