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Don Huffines

Republicans “against” Dan Patrick

RG Ratcliffe reports on a “loose coalition” of business and education interests who are seeking to clip Dan Patrick’s wings.

[FBSID Board President Kristin] Tassin is now running for a seat in the state Senate, and she is just one candidate in a growing coalition of education and business groups that want to roll back the social conservative agenda of Patrick and Governor Greg Abbott. And recognizing the ineffectiveness of the Texas Democratic Party, they are concentrating their efforts on the upcoming March Republican primaries instead of betting on candidates in the general election. “There is a perfect storm brewing, and it goes a lot deeper than just a vouchers vote,” Tassin told me. “What really led me to step into this race is I really see this past session as an indicator of failed leadership and, often, particularly in the Senate.”

This is, at best, a loose coalition. Some by law are restricted to urging people to vote based on certain issues, while others are gathering money to put behind candidates who will clip Patrick’s dominance in the Senate. If they just pick up a few seats, Patrick will no longer be able to steamroll controversial bathroom bills and school voucher bills through the Senate, because he will lack the procedural votes needed to bring the legislation to the floor for debate.

[…]

One of the main groups that fought against the bathroom bill was the Texas Association of Business, and its political committee currently is evaluating which candidates to support in the primaries. “You’re seeing more and more business leaders engaged in this election—this time in the primaries in particular—than you probably ever had,” TAB President Chris Wallace told me. He said the leaders are motivated because “we had such a divisive time” during the 2017 legislative sessions.

Most of the TAB endorsements will be made over the next several weeks, but the group already has endorsed state Representative Cindy Burkett in her Republican primary challenge to incumbent Senator Bob Hall. In the TAB scorecard for pro-business votes, Hall sat at 53 percent and Burkett was at 94 percent, even though she supported the “sanctuary cities” legislation that TAB opposed. Hall voted in favor of the bathroom bill, but it never came up for a vote in the House. Because Burkett also carried legislation adding restrictions to abortion last year, she probably would not gain much support among Democrats. But as an advocate of public education, she already is opposed by the Texas Home School Coalition.

Emotions already are running high. When Hall put out a tweet that he is one of the most consistently conservative senators, a former school principal responded: “No, @SenBobHall, the reason we’re coming after you is because you side w/ Dan Patrick over the will of your constituents time and again. That’s why we’ll vote for @CindyBurkett_TX in the Mar. Primary. We’re not liberals, just ppl who want to be heard. #txed #txlege #blockvote.”

The Tassin race may create divisions in this loose coalition. She is challenging incumbent Senator Joan Huffman of Houston in the primary. Huffman gave Patrick a procedural vote he needed to bring the voucher bill to the floor, but then voted against the legislation. Huffman also voted in favor of killing dues check-offs, which allow teacher groups to collect their membership fees directly from a member-educator’s paycheck. But Huffman’s pro-business score is almost has high as Burkett’s, even though Huffman voted for the bathroom bill. Huffman also received a Best Legislator nod from Texas Monthly for helping negotiate a solution to the city of Houston’s financial problems with its police and firefighter pensions. However, the firefighters are angry over that deal and likely will work for Tassin in the primary. Huffman, though, has received an endorsement from Governor Abbott. We can’t make a prediction in that race until the endorsements come out.

I agree with the basic tactic of targeting the most fervent Patrick acolytes in the Senate. Patrick’s ability to ram through crap like the bathroom bill and the voucher bill is dependent on their being a sufficient number of his fellow travelers present. Knocking that number down even by one or two makes it harder for him to steer the ship in his preferred direction. Neither Kristin Tassin nor Cindy Burkett are my cup of tea, but they have a very low bar to clear to represent an improvement over the status quo.

The problem with this approach is twofold. First and foremost, depending on Republican primary voters to do something sensible is not exactly a winning proposition these days. There’s a reason why the Senate has trended the way it has in recent years. To be sure, it’s been an uneven fight in that there has basically been no effort like this to rein in the crazy in favor of more traditional Republican issues. To that I’d say, were you watching the Republican Presidential primary in 2016? The traditional interests didn’t do too well then, either. The Texas Parent PAC has had a lot of success over the years supporting anti-voucher candidates, often in rural districts where that issue resonates. I have a lot of respect for them and I wish them all the best this year, along with their allies of convenience. I just don’t plan to get my hopes up too high.

That leads to point two, which is that there needs to be a part two to this strategy. The two purplest Senate districts are SDs 10 and 16, where Sens. Konni Burton (who also scored a 53 on that TAB report card, tied with Bob Hall for the lowest tally in the Senate, including Democrats) and Don Huffines (and his 60 TAB score) will face Democratic challengers but not primary opponents. It’s reasonable for TAB et al to not have any interest in those races now, as they work to knock off Hall and (maybe) Huffman. If they don’t have a plan to play there in the fall, then at the very least you’ll know how serious this “loose coalition” is. I fully expect TAB and the other business groups to roll over and show Patrick their bellies after March. But maybe I’m wrong. I’ll be more than happy to admit it if I am. I wouldn’t bet my own money on it, though.

Filing roundup: State Senate

In 2014, Democrats contested five of the eleven Republican-held State Senate seats on the ballot, plus the seat that was vacated by Wendy Davis, which was won by Republican Konni Burton. This year, Democrats have candidates in eleven of these twelve districts. I wanted to take a closer look at some of these folks. For convenience, I collected the filing info for Senate and House candidates from the SOS page and put it all in this spreadsheet.

Kendall Scudder

SD02Kendall Scudder (Facebook)

SD03 – Shirley Layton

SD05Brian Cronin (Facebook)
SD05Glenn “Grumpy” Williams
SD05Meg Walsh

SD07David Romero

SD08Brian Chaput
SD08 – Mark Phariss

SD09Gwenn Burud

SD10Allison Campolo (Facebook)
SD10Beverly Powell (Facebook)

SD16Joe Bogen (Facebook)
SD16Nathan Johnson (Facebook)

SD17Fran Watson (Facebook)
SD17Rita Lucido (Facebook)
SD17 – Ahmad Hassan

SD25Jack Guerra (Facebook)
SD25Steven Kling (Facebook)

SD30Kevin Lopez

I skipped SDs 14, 15, and 23, which are held by Democrats Kirk Watson, John Whitmire, and Royce West. Whitmire has two primary opponents, the others are unopposed. Let’s look at who we have here.

Kendall Scudder is a promising young candidate running in a tough district against a truly awful incumbent. First-term Sen. Bob Hall is basically Abe Simpson after a couple years of listening to Alex Jones. If he runs a good race, regardless of outcome, Scudder’s got a future in politics if he wants it.

Shirley Layton is the Chair of the Angelina County Democratic Party, which includes Lufkin. Robert Nichols is the incumbent.

All of the contested primaries look like they will present some good choices for the voters. In SD05, Brian Cronin, who has extensive experience in state government, looks like the most polished candidate to take on Charles Schwertner. Grumpy Williams is easily the most colorful candidate in any of these races. There wasn’t enough information about Meg Walsh for me to make a judgment about her.

I’ve previously mentioned Mark Phariss’ entry into the SD08 race at the filing deadline. He doesn’t have a website or Facebook page up yet, but you could read this Texas Monthly story about him and his husband for a reminder of who Phariss is and why he matters. This seat is being vacated by Van Taylor, and the demonic duo of Angela Paxton and Phillip Huffines are running for it on the GOP side.

I couldn’t find much about either David Romero or Gwenn Burud, but in searching for the latter I did find this Star-Telegram story, which tells me that the Tarrant County Democratic Party did a great job filling out their slate. The incumbent here is Kelly Hancock.

Elsewhere in Tarrant County, the primary for SD10, which is overall the most closely divided district, ought to be salty. Powell is clearly the establishment candidate, having been endorsed by folks like Wendy Davis and Congressman Mark Veasey. Campolo identifies herself as a Bernie Sanders supporter. I expect there will be some elbows thrown. The winner gets to try to knock out Konni Burton.

Joe Bogen and Nathan Johnson seem pretty evenly matched to me. They’re battling for the right to take on the awful Don Huffines, whose SD16 is probably the second most vulnerable to takeover.

In SD17, Fran Watson, who is a former President of the Houston GLBT Political Caucus, has been in the race for a few months. Rita Lucido, who was the candidate against Joan Huffman in 2014, filed on deadline day. The presence of perennial candidate Ahmad Hassan means this one could go to a runoff.

Both Jack Guerra and Steven Kling look like good guys in SD25. No doubt, both would be a big improvement over the zealot incumbent Donna Campbell.

Last but not least, Kevin Lopez is a City Council member in the town of Bridgeport. He joins Beverly Powell, who serves on the Burleson ISD Board of Trustees, as the only current elected officials running for one of these offices. The incumbent in SD30 is Craig Estes, and he is being challenged in the Republican primary.

Winning even one of these seats would be great. Winning two would bring the ratio to 18-13 R/D, which would be a big deal because the old two thirds rule is now a “sixty percent” rule, meaning that 19 Senators are enough to bring a bill to the floor, where 21 had been needed before. Needless to say, getting the Republicans under that would be a big deal, though of course they could throw that rule out all together if they want to. Be that as it may, more Dems would mean less power for Dan Patrick. I think we can all agree that would be a good thing. None of this will be easy – Dems are underdogs in each district, with more than half of them being very unfavorable – but at least we’re competing. National conditions, and individual candidates, will determine how we do.

July 2017 campaign finance reports: State Senate targets

The Trib highlights a couple of races of interest.

Senate District 8

State Sen. Van Taylor, R-Plano, has not yet announced he’s running for Congress — he is expected to after the special session — but the race to replace him is already underway. Phillip Huffines, the chairman of the Dallas County GOP who has been campaigning for the Senate seat since March, put $2 million of his own money into his campaign and raised another $547,000, leaving him with $2.4 million in the bank. State Rep. Matt Shaheen, the Plano Republican who is likely to run for the Senate seat but has not yet made it official, had $495,000 cash on hand after raising $62,000 at the end of June and loaning himself $187,000 in June.

Senate District 10

State Sen. Konni Burton, R-Colleyville, already has two Democratic challengers in her battleground district, where she has a $352,000 war chest after raking in $196,000 at June’s end. One of her Democratic foes, Beverly Powell, raised $50,000 in just under a month and has $32,000 in the bank. Powell’s cash-on-hand figure is closer to $46,000 when factoring in online donations she received at the end of June, according to her campaign. Another Democratic candidate, Alison Campolo, posted smaller numbers.

Senate District 16

State Sen. Don Huffines, R-Dallas, is also on Democrats’ target list for 2018. He reported raising $222,000 at the end of June and having $930,000 in cash on hand. One of his Democratic rivals, Nathan Johnson, began his campaign in early April and has since raised $80,000, giving him a $65,000 cash-on-hand tally. Another Democratic candidate, Joseph Bogen, kicked off his bid in May and had raised $32,000 by the end of June. He has $21,000 in cash on hand.

Do I have finance reports for Senate districts and candidates of interest? Of course I do.

Van Taylor
Matt Shaheen
Phillip Huffines
Texans for Kelly Hancock
Konni Burton
Beverly Powell
Alison Campolo
Don Huffines
Nathan Johnson
Joe Bogen
Texans for Joan Huffman


Dist   Name         Raised     Spent      Loans     On Hand
===========================================================
SD08   Taylor        1,000   191,355    850,000     370,852
SD08   Shaheen      61,835     7,633    466,844     495,310
SD08   P Huffines  546,656   202,474  2,000,000   2,356,109
SD09   Hancock      87,655    86,634          0   1,205,070
SD10   Burton      196,058    49,152    240,000     351,787
SD10   Powell       51,200     1,265          0      31,704
SD10   Campolo       8,004     5,163          0       3,604
SD16   D Huffines  222,297   151,336  1,680,000     929,698
SD16   Johnson      80,260    14,851      5,286      64,728
SD16   Bogen        31,988     4,010          0      21,118
SD17   Huffman      10,025    54,606          0     410,465

Here’s my look at State Senate precinct data, with an eye towards evaluating potential electoral targets for 2018. The three of greatest interest are SDs 10, 16, and 17, more or less in that order. We’ve met the SD10 hopefuls, but this is the first I’ve heard of challengers in SD16. Here’s Nathan Johnson‘s webpage, and here’s Joe Bogen‘s. I don’t know anything more about either of them than that, so if you do please feel free to speak up. As for SD17, I sure hope Fran Watson or someone like her makes her entry soon, because right now the only opponent for Joan Huffman is Ahmad Hassan.

We should all have friends like these

It’s like they say: Friends help you move. Real friends help you move dead bodies. Really real friends help pay for your criminal defense.

Best mugshot ever

Texas Attorney General Ken Paxton, nearly two years into his fight against state securities fraud charges, is continuing to get plenty of help from his friends to cover his soaring legal bills.

The Republican accepted nearly $218,000 in 2016 earmarked for his legal defense from “family friends” and others who Paxton says are exempted from state bribery laws that bar elected officials from receiving gifts from parties subject to their authority, according to a newly-released financial disclosure statement.

Those donations are on top of more than $329,000 Paxton accepted for the same cause in 2015.

Steven and Carrie Parsons of Dallas made last year’s biggest contribution, $75,000. They have also donated thousands of dollars to Paxton’s political campaign.

Alfred and Janet Gleason of Green Valley, Ariz. made the second biggest legal fund donation in 2016: $50,000, according to the filing. Ray and Ann Huffines also gave Paxton $10,000. Ray’s brother is state Sen. Don Huffines, R-Dallas.

As attorney general, Paxton’s authority could extend broadly, so in his disclosure he cited an “independent relationship” exception that allows gifts from family members and those “independent” of an officeholder’s “official status.”

“All gifts for legal defense were conferred and accepted on account of a personal, professional, or business relationship independent of General Paxton’s official status,” Paxton’s disclosure form states.

In all, 15 people or couples chipped in for Paxton’s legal defense last year. And one entity called Annual Fund Inc. contributed $10,000. It funnels money to groups that make independent political expenditures — political action committees that can spend unlimited amounts of cash without disclosing where it came from. Annual Fund Inc, according to Bloomberg, primarily gives to a group called Citizens for the Republic, whose national chairman is conservative media personality Laura Ingraham.

Yeah, no possibility of conflict of interest in any of this. Move along, citizen, nothing to see here.

Busy day in the Senate

They got stuff done, I’ll give them that. Whether it was stuff worth doing or not, I’ll leave to you.

1. Senate bill would let Houston voters weigh in on fix to pension crisis.

The Senate on Wednesday voted 21-10 to give preliminary approval of a bill that would require voters to sign off before cities issue pension obligation bonds, a kind of public debt that infuses retirement funds with lump-sum payments. Issuing $1 billion in those bonds is a linchpin of Houston officials’ proposal to decrease the city’s unfunded pension liabilities that are estimated to be at least $8 billion.

Houston Mayor Sylvester Turner told The Texas Tribune earlier this month that if the bill becomes law and voters reject the $1 billion bond proposition, a delicate and hard-fought plan to curb a growing pension crisis would be shrouded in uncertainty. He also argued that the debt already exists because the city will have to pay it at some point to make good on promises to pension members.

But lawmakers said voters should get to weigh in when cities take on such large amounts of bond debt.

“Of course the voters themselves should be the ultimate decider,” said state Sen. Paul Bettencourt, R-Houston, who authored the bill.

[…]

State Sen. Joan Huffman, R-Houston, said at a hearing on several pension bills last week that Houston voters would likely approve the pension bonds – and that she would publicly support the measure. Nonetheless, holding an election on the issue is worthwhile, she maintained.

“The voters want to have a say when the city takes on debt in this way,” she said.

See here and here for the background. The referendum that the Senate bill would require is not a sure thing as the House bill lacks such a provision. We’ll see which chamber prevails. As you know, I’m basically agnostic about this, but let’s please skip the fiction that the pension bonds – which the city has floated in the past with no vote – represents “taking on debt”. The city already owes this money. The bonds are merely a refinancing of existing debt. Vote if we must, but anyone who opposes this referendum is someone who wants to see the pension deal fail. Speaking of voting…

2. Senate OKs measure requiring public vote on Astrodome project.

In a move that could block Harris County’s plans to redevelop the Astrodome, the Texas Senate on Wednesday unanimously approved legislation that would require a public vote on using tax funds on the project.

Senate Bill 884 by Sen. John Whitmire, D-Houston, would require a public vote before Harris County can spend any taxpayer money to improve or redevelop the Astrodome. “Elections are supposed to matter … and this is an example of how a governing body is trying to ignore an election and go contrary to a popular vote,” Whitmire said.

[…]

The proposal has drawn opposition from Houston lawmakers who said that move violates the 2013 decision by voters.

Sens. Paul Bettencourt and Joan Huffman, both Houston Republicans, said voters should be given the opportunity to determine whether the new project goes forward because they earlier rejected spending tax money on the restoration.

“The taxpayers of Harris County would be on the hook for this project, and they should be allowed to have a say in whether they want to pay for it,” Huffman said.

Added Whitmire, “After the voters have said no, you don’t go back with your special interests and spend tax money on the Astrodome anyway.”

See here, here, and here for the background. You now where I stand on this. Commissioners Court has to take some of the blame for this bill’s existence, as the consequences of failure for that 2013 referendum were never specified, but this is still a dumb idea and an unprecedented requirement for a non-financed expenditure.

3. Fetal tissue disposal bill gets initial OK in Texas Senate.

Legislation that would require medical centers to bury or create the remains of aborted fetuses won initial approval in the Texas Senate Wednesday.

Because Senate Bill 258 by Sen. Don Huffines, R-Dallas, did not have enough votes to be finally approved, a follow-up vote will be needed before it goes to the House.

In the Republican-controlled Senate, where anti-abortion fervor runs strong, that step is all but assured.

[…]

After lengthy debate on Wednesday, the measure passed 22-9. Final passage in the Senate could come as soon as Thursday, after which it will go to the House for consideration.

It is one of several abortion-related measures that have passed the Senate this legislative session. Republican lawmakers supported Senate Bill 8 that would ban abortion providers from donating fetal tissue from abortions for medical research, and Senate Bill 415, which targets an abortion procedure known as “dilation and evacuation.”

Bills also have been filed by Democrats to reverse the 24-hour period a woman must wait to get an abortion and to cover contraceptives for Texans under age 18. The likelihood of those being approved in the GOP-controlled Legislature is considered almost nil.

I have no idea what that second paragraph means; all bills are voted on three times. Whatever. That sound you hear in the background are the lawyers for the Center for Reproductive Rights loosening up in the bullpen.

4. Texas Senate approves ban on government collecting union dues.

A controversial bill to prohibit state and local governments from deducting union dues from employees’ paychecks was tentatively approved Wednesday by the Texas Senate after a divisive, partisan debate.

The Republican author, Sen. Joan Huffman of Houston, denied the measure was anti-union or was designed to target a historical source of support for Democrats, even though she acknowledged that Republican primary voters overwhelmingly support the change.

Police, firefighter and emergency medics’ organizations are exempted from the ban, after those groups had threatened to kill the bill if they were covered the same as teacher groups, labor unions and other employee associations.

Groups not exempted will have to collect dues on their own, a move that some have said will be cumbersome and expensive. Those groups include organizations representing correctional officers, CPS workers and teachers, among others.

I’m going to hand this off to Ed Sills and his daily AFL-CIO newsletter:

Huffman, knowing she had the votes, repeatedly fell back on the argument that government should not be in the business of collecting dues for labor organizations. She never offered any justification for that view beyond ideology. Nor did she provide evidence of a problem with using the same voluntary, cost-free payroll deduction system that state and local employees may steer to insurance companies, advocacy organizations and charities.

Huffman tried to make the distinction between First Responders, who are exempt from the bill, and other state and local employees by saying police and firefighter unions are not known to “harass” employers in Texas. But she had no examples in which other unions of public employees had “harassed” employers.

“One person’s harassment is another person’s political activism,” Sen. Kirk Watson, D-Austin, said while questioning Huffman about the bill.

Watson noted the main proponents of the bill are business organizations that do not represent public employees.

Huffman was also grilled by Sens. José Menéndez, D-San Antonio, Sylvia Garcia, D-Houston, José Rodriguez, D-El Paso, John Whitmire, D-Houston, Royce West, D-Dallas, and Borris Miles, D-Houston. Sen. Eddie Lucio, D-Brownsville, offered several strong amendments, but they were voted down by the same margin that the bill passed. The senators relayed testimony from a variety of public employees who said SB 13 would be a significant hardship to them and they could not understand why the Legislature would pursue the bill.

At one point, Huffman declared, “This is a fight against unions.” But it was beyond that, even though the measure was first conceived by the rabidly anti-union National Right to Work Foundation and even though the Texas Public Policy Foundation published a report estimating a substantial decline in public union membership if the bill becomes law. It’s a fight against teachers, against correctional officers, against child abuse investigators and against most other stripes of public employees who only want what most working people would consider a routine employer service.

Particularly galling was Huffman’s general assertion that correctional officers, teachers and other dedicated public employees fall short in some way when it comes to meriting payroll deduction, which state and local governments basically provide with a few clicks of a keyboard.

Huffman was under certain misimpressions. In questioning by Whitmire, she repeatedly declared that it would be “easy” for unions to collect dues through some automatic process outside payroll deduction. Whitmire stated, however, that many state employees make little and do not have either checking accounts or credit cards. Huffman was skeptical that some union members essentially operate on a cash-in, cash-out basis.

Despite her assertion that it would be easy to collect dues from public employees outside payroll deduction, Huffman clearly recognized that when other states approved similar bills, union membership dropped.

To use an oft-spoken phrase, it’s a solution in search of a problem. And as with the other bills, further evidence that “busy” is not the same as “productive”. See here for more.

Our first look at Senate district data

The Trib looks at the data we now have.

Sen. Don Huffines

In the state Senate, one Republican — Don Huffines of Dallas — is now representing a district that Clinton easily won, while two more — Konni Burton of Colleyville and Joan Huffman of Houston — are now sitting in areas that Clinton almost carried. In the House, 10 Republicans are now representing districts that Clinton won, while several more are now sitting in areas she came close to winning.

The question in those districts, like so many surrounding Trump’s election across the country, is whether the dramatic swings in 2016 were meaningful shifts that could have implications in future elections. That question is particularly pressing for the 11 Texas Republicans now representing districts that voted for Clinton, all of whom are up for re-election in 2018.

[…]

In addition to [Rep. Pete] Sessions’ [Congressional] district, [Dallas County Democratic Party Chair Carol] Donovan said the party is already zeroing in on Huffines’ district, which Clinton won by 5 points after Romney carried it by 15 points four years prior. Aware of the swing, Huffines’ team does not blame Democrats for prioritizing the district — but also is not sweating 2018 quite yet.

“We take it seriously, but it’s not a hair-on-fire moment,” said Matt Langston, a Republican consultant who works for Huffines.

While Huffines’ district was the only GOP-held state Senate district that Clinton won, she almost carried two others. She came within a point of winning Burton’s and Huffman’s districts, which in 2012 went for Romney by 8 points and 20 points, respectively.

I should note that the comprehensive data for the 2016 elections are not yet available at the Texas Legislative Council’s FTP site, but as of two weeks ago the data for each individual district can be found via the following formulation:

http://www.fyi.legis.state.tx.us/fyiwebdocs/PDF/senate/dist16/r8.pdf
http://www.fyi.legis.state.tx.us/fyiwebdocs/PDF/house/dist66/r8.pdf

Just substitute the appropriate district number as needed and you’re good. Eventually, that data will be linked on each Member’s bio page on the official House and Senate sites, but for now this will do.

I’ve been talking about Huffines and the need to make him a top electoral target next year, and so I am delighted to see these numbers. As always, though, some context and perspective is needed, so with that in mind, here’s a larger view of the field of play.


Dist     Incumbent  Clinton%  Trump%    Obama%   Romney%
========================================================
SD08      V Taylor     42.6%   51.2%     36.6%     61.7%
SD09       Hancock     41.8%   53.1%     39.2%     59.3%
SD10        Burton     47.3%   47.9%     45.4%     53.3%
SD16      Huffines     49.9%   45.3%     41.6%     57.0%
SD17       Huffman     47.2%   48.1%     39.2%     59.4%

Dist     Incumbent   CCA16D% CCA16R%   CCA12D%   CCA12R%
========================================================
SD08      V Taylor     37.8%   57.9%     35.3%     61.1%
SD09       Hancock     39.2%   56.3%     37.9%     58.4%
SD10        Burton     44.5%   51.6%     44.4%     52.7%
SD16      Huffines     42.7%   52.9%     40.6%     56.0%
SD17       Huffman     42.2%   54.3%     39.1%     58.2%

All five of these Senators are on the ballot next year. “CCA16” refers to the Mike Keasler/Robert Burns race for Court of Criminal Appeals, Place 6, while “CCA12” is the Sharon Keller/Keith Hampton race. The latter was the only R-versus-D race for the CCA in 2012, and like the Keasler/Burns race this year it featured a Libertarian but not a Green candidate, so the comparison is as apt as I can make it. For these purposes, the CCA races will suffice as a proxy for the “true” partisan split in these districts.

And not too surprisingly, things look distinctly less rosy when you pull back to that level. While Huffines’ district is a couple points bluer than it was in 2012 by the CCA metric, it’s still a ten-point district in the GOP’s favor. A big part of that is due to the fact that SD16 encompasses nearly all of HDs 108, 112, and 114, which as we’ve discussed before are the three most Republican State House districts in Dallas County. The good news is that there are clearly a sizable number of people in SD16 who are willing to vote Democratic against a sufficiently bad Republican. The bad news is that so far the only example of a race where that has happened is Clinton versus Trump. The challenge for Dallas Democrats will be threefold: Find a strong candidate to challenge Huffines, work to ensure the Dem base turns out in the off year (a task for which the track record is not great), and try to tie Huffines to Trump as closely as possible in order to entice the Hillary-voting Republicans in SD16 to cross over again.

As for the others, Konni Burton’s SD10 remains the closest thing to a swing district the Senate has, though it didn’t change much since 2012. It does have the distinction of electing a Democrat in part on the strength of Republican crossover votes as recently as 2012, though, and it probably wouldn’t take much of an erosion in Republican turnout to put her in peril, if 2018 is a year where Republicans don’t get fired up to vote. SD17 covers parts of Fort Bend and Brazoria in addition to Harris County. It will take coordination across the three counties as well as a commitment to turn out Dems in Fort Bend and Brazoria to be on the radar in 2018. SD08, which includes most of Collin County plus a small piece of Dallas, and SD09, which includes Dallas and Tarrant, aren’t really competitive in any sense, but they did move a bit in a Dem direction and included a fair number of crossovers as well. If we ever want to get closer to parity in the Senate, Dems are going to have to make serious gains in these suburban counties.

Texas Dems look to 2018

I have a few things to say about this.

Just because

A tight-knit group of Texas Democratic leaders traveled to the state capital [in late January] to begin preliminary conversations about the 2018 midterm races.

According to over a dozen interviews with Texas Democratic insiders and national Democrats with ties to the state, the meeting included some of the party’s most well-known figures from Texas including former Secretary of Housing and Urban Development Julián Castro, his twin brother, U.S. Rep. Joaquin Castro of San Antonio, Texas Democratic Party Finance Chairman Mike Collier, former state Sen. Wendy Davis, state Democratic Chairman Gilberto Hinojosa, U.S. Rep. Beto O’Rourke of El Paso, former Houston Mayor Annise Parker and state Reps. Rafael Anchia of Dallas and Chris Turner of Grand Prairie.

Their main agenda: mapping out a strategy for the 2018 midterm elections.

The expectations in the room were not soaring but were cautiously hopeful. That optimism was mostly rooted around one person: President Donald Trump.

“I think 2018 will be the most favorable environment Texas Democrats have had in a midterm election in well over a decade,” said Turner, who declined to comment on the meeting. “I think when you look at the actions of the Trump administration just three weeks in, you’re seeing a president with historically low approval ratings in what should be a honeymoon period, and no indication that’s going to change given his divisive actions.”

Trump’s presidency brings together a confluence of several factors that Democrats hope will get candidates over the line: a stronger-than-past Texas Democratic performance last November in urban centers, the traditional backlash against a sitting president in the midterms and an increasingly expected added drag that Trump will create for Republicans.

The Democratic calculation is that in this unpredictable and angry climate, a full 2018 slate could produce a surprising win or two statewide or down-ballot.

[…]

Sources say no decisions were made on whom should run in which slot, nor was that widely discussed. Instead, the emphasis was on ensuring that state leaders would work together to present the strongest slate possible.

And also unlike past cycles, the Democratic planning this term centers on the political climate, rather than on a singularly compelling personality running for governor.

That the meeting happened at the outset of the state’s legislative session was also no coincidence. Democrats sense an opportunity to win over some of the business community, particularly as the “bathroom bill” touted by Republican Lt. Gov. Dan Patrick continues to percolate at the state Capitol and as immigration, and particularly Trump’s proposals for a border wall and Mexican tariffs, roil national politics.

Parker did emphasize to the Tribune that the conversations about 2018 are happening throughout the state.

“It’s never going to be about what a small group of people said or do in a room,” she said. “It’s about what the people of Texas tell us what they need. Many of us have committed to going out and having those conversations.”

[…]

Since the Jan. 27 meeting, Julian Castro, the most-speculated Democratic contender to take on Gov. Greg Abbott, has made clear he is unlikely to run statewide in 2018. He all but closed the door on that possibility in an early morning tweet Thursday.

Instead, the most frequently floated gubernatorial candidate is Collier, a 2014 state comptroller candidate. Collier is relatively unknown statewide but impressed several Democrats in that previous run. He has also been suggested as a possible contender to run for lieutenant governor.

It’s the U.S. Senate race that is quickly becoming the center of the Democratic world, in part because of the incumbent, Cruz, and because of the two Democratic up-and-comers mulling runs: O’Rourke and Joaquin Castro.

Both men are in the same 2012 congressional class and are considered friendly with each other.

Democrats in the state and in Congress are closely watching how the two men maneuver around a possible primary race against each other, but the betting money is that O’Rourke is more likely to follow through with a run.

My thoughts:

– Optimism tempered with reality is the way to go. Dems basically have nothing to lose – HD107 was the only Dem-won seat that was remotely close – and plenty of targets that at least appear to be closer after last year. To be sure, there was reason for optimism going into 2014 as well, and we know how that turned out. The difference is who’s in the White House.

– The “tempered by reality” part is the recognition that all the seats we are trying to win were drawn to elect Republicans, and to put it mildly there’s no track record of good Democratic turnout in off years. You have to believe, as I do, that the national political climate is a big factor in how these elections play out, and that 2018 will be different than 2014 and 2010. Different doesn’t have to mean better, but all things considered it’s the more likely possibility.

– Dan Patrick has got to be a better statewide target than Greg Abbott. Abbott has good favorability numbers, and he’s not out there leading the charge for SB6. Mike Collier is the kind of credible-to-business candidate Dems could present as a viable alternative to Patrick to the business lobby. There are many reasons why those guys may stick with the devil they know even as he works against their interests, but at least there’s a chance they could be persuaded. There’s no chance they would abandon Abbott. If I were advising Mike Collier, I’d tell him to put Lite Guv first on my list. Sure, it would be nice to have a candidate with legislative experience running for that spot, but 1) the main thing you need to know as the guy who presides over the Senate is parliamentary procedure, and 2) have you even seen the guy Dan Patrick backed for President? Don’t come at me with this “experience matters” stuff.

– As long as we’re being optimistic, let’s assume Ken Paxton gets convicted between now and next November, and he does not get primaried out. It shouldn’t be that hard to find a decent candidate willing to take that bet. Just make sure that he or she has the resources needed to win the Dem primary in the event a Grady Yarbrough/Lloyd Oliver type decides to get in. The one thing we absolutely cannot do is accidentally nominate a joke to oppose Paxton.

– Having good candidates with sufficient resources to wage active campaigns in the legislative races will have a positive effect on turnout just as having a strong slate at the top of the ticket. This is not an either-or, it’s a both-and.

– Along those lines, the next best way to check Dan Patrick’s power is to reduce the number of Republicans in the Senate. Dallas County Democrats need to find a strong candidate to run against Don Huffines. Dallas County needs to be strong in 2018.

– The story talks about Democratic performance in the urban centers, and that’s important, but the suburbs matter as well. Opportunities exist in Fort Bend, Brazoria, Collin, Denton, and Williamson, and there are also a lot of votes in these places. Part of the strategy needs to be geared towards turning the tide in the suburbs. If nothing else, winning a seat in one of these places really changes the narrative, and serves as a concrete marker of progress.

– At some point, Democrats need to figure out how to translate the message that they have won on in big urban centers to smaller but still sizeable urban centers where they have not done as well. I’m talking about Lubbock, Amarillo, Corpus Christi, places like that. Burgeoning urban centers in suburban and exurban places, like Sugar Land, Pearland, Katy, New Braunfels, Plano, etc etc etc need to be on that list as well. Some of these places already have a Democratic presence on their City Councils and school boards. All of them could use more attention from the kind of people who gathered in Austin to talk about 2018. Who do we have in these places to even present the Democratic message? If such people exist among the local elected officials, support them and help raise their profile. If they don’t, bring in the shining faces we hope to be offering for larger roles and have them deliver it, then find opportunities to grow some local success stories there. I mean, this is what the Republicans were doing in the 70s and 80s. It’s always been a good strategy.

Basically, this was a good start. It’s the right way to think about 2018. Now let’s keep it going.

Counting to 19 on SB6

That’s the number of votes needed to move the Patrick potty bill to the floor of the Senate for a full vote.

At times, it seemed like Lt. Gov. Dan Patrick was a bit like a man on an island when it came to one of his signature priorities this legislative session: the Texas Privacy Act, otherwise referred to as ‘the bathroom bill.’

He has worked for the weeks to rally support for the measure, facing stiff opposition from the traditionally GOP-friendly Texas business community. House Speaker Joe Straus, a San Antonio Republican, has thrown cold water on the proposal at various private and public events. Not only did Gov. Greg Abbott not list it as an emergency item in last week’s State of the State address, he didn’t mention it at all.

Senate Bill 6, sponsored by Sen. Lois Kolkhorst of Brenham, would prohibit city or county officials from adopting an ordinance that prevents a business from making policies for their bathrooms and dressing rooms. It also would bar local officials from considering these measures when awarding government contracts.

[…]

Getting the state’s largest business lobby on board is one challenge for Patrick, and using the PolitiFact article to weaken opposition is a start on that journey. However, he and Kolkhorst still are working on their Republican Senate caucus, too.

On Monday, Kolkhorst said she has 14 co-sponsors, 15 including her vote. No Democrat has signed onto the bill, and Patrick needs at least 19 senators to move the measure to the floor for a full chamber debate and eventual vote.

She said she respected her colleagues for letting her explain the bill to them, adding that she has verbal support from some senators who are not listed publicly as co-sponsors on SB 6.

The five Senators who are not coauthors (*) of SB6 are Schwertner, Burton, Nelson, Huffman, and Seliger. Doesn’t mean they don’t support it and wouldn’t vote for it, just means they’re not listed as coauthors. I have a hard time believing that at least four of them won’t vote to bring it to the floor once it has passed out of committee, but I suppose anything can happen.

Possibly of interest: The two Republican Senators in the most competitive districts are Konni Burton and Don Huffines, while the two in the next-most competitive districts are Joan Huffman and Kelly Hancock. Huffines and Hancock are coauthors, Burton and Huffman are not. I don’t know that that means anything, I was just curious if competitiveness of a district had any effect on support for SB6. I’ll say again, the single best thing Democrats and progressives can do to make the Senate a better place in 2018 is to take out Huffines, who is a total buffoon as well as being far more extreme than a district like his should allow. The other three need to be targeted as well – Burton’s district is the least red of the four – but Huffines, whose district is entirely within Dallas County, offers a lot of bang for the buck, especially given that a significant portion of his district overlaps with CD32, where the DCCC will be going after Pete Sessions. You don’t have many new worlds left to conquer, Dallas Democrats. Please make this one a priority.

(*) If you visit the link for SB6, you will see that Kolkhorst’s colleagues are listed as coauthors, not co-sponsors. I’m not quite enough of a legislative geek to be able to explain the difference, but I’m sure someone will enlighten us in the comments.

Three rideshare bills

The Texas A&M Transportation Institute Policy Center looks at the (first) three bills relating to ridesharing that have been filed in the Lege:

Three bills have been filed so far in the 85th Texas Legislature, regular session, addressing transportation network companies, frequently referred to as ride-hailing or (less accurately) as ridesharing. The bills are

  1. SB 113 Relating to the provision of and local regulation of certain for-hire passenger transportation.
  2. SB 176 Relating to the regulation of transportation network companies; requiring an occupational permit; authorizing a fee.
  3. SB 361 Relating to transportation network companies.

SB 113 and SB 176 have been referred to the Senate Business and Commerce Committee. SB 361 is expected to follow when it is referred to committee.

SB 133 prohibits municipalities from regulating any vehicles for hire (including taxis) and imposes minimal state-level regulation in its place. SB 176 and SB 361 also remove municipal authority over TNCs but introduce state level regulation. There are differences between the latter two (permit fees, for example), but the provisions of both bills are similar to those passed in other states. SB 361 further clarifies that TNCs are not motor carriers and, thus, not regulated under the motor carrier statutes.

There’s further analysis there, so go read the rest. SB361 is by Sen. Robert Nichols, who chairs the Senate Transportation Committee, SB176 is by Sen. Charles Schwertner; it has five co-authors, including Democratic Sen. Juan Hinojosa. SB113 is by Sen. Don Huffines, and it’s basically a part of his plan to turn cities into helpless wards of the state. That’s the order in which I’d rank them from least to most objectionable. I’d be fine if nothing passes, but something likely will, and if that is the case I can live with either of the first two. There’s room to make them less daunting for cities, and I hope that happens. We’ll see how it goes.

It’s all bathrooms, all the time

People are paying attention to Dan Patrick’s anti-LGBT bathroom bill, and for the most part they do not like it.

In early February, the Super Bowl will be in Houston and in late March, the women’s Final Four will be in Dallas. If Patrick pushes the bathroom bill through the Senate by then, as expected, there will be a lot of unflattering stories.

For a taste of things to come, consider Monday’s subhead in The Economist: “In the toilet.”

How about this comment from a writer at The New York Daily News: “We probably should have stopped playing big-time sports in Texas a long time ago because gay rights have been under siege in Texas for decades.”

Then there’s Rick Riordan, the Texan who wrote the Percy Jackson & the Olympians series. After the bathroom bill was filed last week, he turned down an offer to attend a celebration of authors by the Texas Legislature.

“If they want to honor me, they could stop this nonsense,” Riordan wrote on Twitter.

[…]

There’s already been a backlash. Over a dozen large events, slated to bring in roughly 180,000 visitors, have contacted Dallas officials and said they would cancel, said Phillip Jones, CEO of Visit Dallas, the organization that promotes conventions and other tourism business here.

“That’s the tip of the iceberg,” he said.

An education group with about 20,000 members had penciled in Dallas for 2020, he said. Because of the bathroom bill, the group is considering a Midwest city instead.

Jones cited a survey that showed 53 percent of meeting planners are avoiding cities that don’t have universal bathroom use. Many planners are putting off decisions on Dallas until they see what happens with the Lege.

“We’re already suffering because of this negative perception,” Jones said.

Perception is the right word. Patrick pledged to make transgender bathrooms a top priority for the Legislature. He said it’s about safety and privacy, and not giving in to political correctness. But that’s not how others see it.

“The message to transgender people is stark — we do not and will not accept you,” wrote The Economist.

Dan Patrick, of course, disputes the very notion that Texas would lose any business at all due to his bathroom bill. So whatever you do, don’t show him this.

An academic group is threatening to pull an upcoming conference from Houston next year, citing concerns with a bill before the Texas legislature that would require transgender people to use bathrooms corresponding to their assigned sex at birth.

The American College Personnel Association, a trade group based in the nation’s capital, expects more than 3,100 people to travel to Houston over three days in March 2018 for the conference. Executive Director Cindi Love cited concern for transgender college students’ and attendees’ safety as a reason for potentially relocating the conference.

“We cannot bring transgender-identified members to a city and risk (discrimination) if they leave the facility where we’ve contracted,” Love said Wednesday morning. The group backed out of a conference in North Carolina scheduled for last summer after that state passed a similar law.

Love said the group’s withdrawal from Houston would mean $5.129 million in lost revenue for the city and state, calculating that figure from airfare, ground transportation, hotels, food, entertainment and other conference arrangements.

Yeah, but they’re a bunch of filthy academics, so their money doesn’t really count, right? Everything can be rationalized if you need it to be.

Meanwhile, the business lobby still wants no part of this.

Chris Wallace, the new president of the Texas Association of Business, said his priorities are better roads, expanded education, smarter taxation, sustainable heath care and no legislation that will tarnish the state’s brand.

“Infrastructure … that’s an issue for every legislative session,” Wallace said. “In any taxation discussion, we want to ensure it is fair for business, because business makes up more than 60 percent of the tax base.”

To improve the future workforce, the association wants to see free full-day pre-kindergarten, implementation of the A-through-F school accountability ratings and a way to link 10 percent of a four-year college’s funding to responsible graduation rates.

“Businesses put a lot of money into the education system, and many are questioning the return on investment,” Wallace said.

Other priorities include lowering health care costs by expanding telemedicine access and giving advanced-practice registered nurses more authority.

Stopping the transgender bathroom bill introduced by Houston-area Sen. Lois Kolkhorst may be the biggest fight to save the state’s reputation.

Former Chronicle reporter R.G. Ratcliffe recently explained in Texas Monthly magazine how Toyota Motor Corp. agreed to move its North American headquarters to Plano only after the city council promised an anti-discrimination ordinance that Kolkhorst’s bill would repeal. A non-discrimination ordinance was also a top priority for Apple when it created thousands of jobs in Austin. Major corporations care about this issue more than lawmakers realize.

“We’ll oppose any kind of legislation that would impact any our members’ abilities to recruit their workforce, or that would negatively impact economic development, such as recruiting corporate relocations,” Wallace said.

The association can’t defend business’s interests by itself, though. Wallace needs business leaders to do their part.

“They’ve got to speak up,” he said. “Whatever the issue is, we encourage businesses to make their voices heard with legislators.”

Look, there are plenty of things the business lobby likes that I don’t. The A-F grading system for schools is at best a very rough work in progress, and of course they’re all about tax cuts. But my argument is that almost by default these guys are more in line with the Democrats these days than they are with the Republicans, and they need to recognize that whatever reservations they may have about the Dems, one-party rule in this state is not a good thing for them. They don’t need to link hands with the SEIU, but a limited strategic alliance could be quite beneficial. The fact is, they may well succeed in killing the bathroom bill this session, but as Patrick himself told the Trib, he’s never going to give up on it. If they want this thing to be well and truly dead, there are two ways to ensure that. One is to defeat Dan Patrick in 2018. The other is to reduce the number of Patrick minions in the Senate.

After the vote rejecting West’s amendment to the rules, Sen. Eddie Lucio Jr., D-Brownsville, suggested another solution: “I think what we need to do is elect two more Democrats. Then we’d be forced to work together.”

I don’t have precinct data from the Senate districts that will have elections next year, but the names to look at are Konni Burton, Don Huffines, Joan Huffman, and Kelly Hancock. I guarantee, the 2016 numbers will make those seats look at least somewhat competitive, and winning even one of them would make a real difference. If the business lobby is serious about defeating not just this bill but the next however many incarnations of it, this is what it’s going to take. Are they in or are they not? The Observer has more.

Trump’s toll roads

Who wants more toll roads?

Part of president-elect Donald Trump’s promise to create new jobs for Americans relies on a “deficit-neutral plan” to spend $1 trillion on public works projects, including hundreds of billions for roads and rail.

But the strategy could result in something many Texans aren’t going to like: more toll roads.

“Unfortunately that’s the way I’ve read it,” said state Sen. Don Huffines, R-Dallas, vice chair of the Texas Senate transportation committee.

There are also fears the plan could provide few new highway projects or road improvements to the state’s vast rural areas. And the lack of details in the proposal has so far made it unclear how Texas’ urban transit agencies could be affected.

Trump’s plan is already getting some opposition from his own party in Washington, D.C. In the Lone Star State, where residents have balked at a growing number of toll projects, state officials from both political parties are hoping the incoming president backs off reliance on the private sector.

“To be direct, it’s a little scary and kind of contrary to where our current leadership in Texas has been going the last couple of years,” said state Rep. Joe Pickett, D-El Paso, who chairs the Texas House transportation committee.

Under the current proposal, the $1 trillion in infrastructure investment would come not from the government, but from private companies who would receive tax incentives for borrowing funds needed for construction costs, according to Trump’s campaign and transition websites and a paper authored by two of his senior advisors.

The private firms who build the roads, though, would expect a revenue stream to cover principal, interest and operating costs. And the most common way to create a revenue stream on a road is to toll it.

“To suggest public-private partnerships and relying on tolls, we’ve already kind of maxed those out,” Pickett said.

Vocal toll road opponent Terri Hall of San Antonio is the executive director of Texans Uniting for Reform and Freedom, a group whose members are contacting Trump Chief of Staff Reince Priebus and asking the transition team to rethink the infrastructure plan.

She said the proposal essentially privatizes the nation’s roadways and opens a door to corruption.

“It reeks of cronyism, which Trump’s campaign promise to ‘drain the swamp’ was supposed to get rid of,” she said.

[…]

Others, though, worry that rural areas will be left behind under the current proposal. Geoff Anderson is the president and CEO of urban planning and development nonprofit Smart Growth America. He said that private firms aren’t likely to view improving access to rural areas or rebuilding aging county roads as financially feasible or worthwhile.

“The projects that address those types of issues seldom have a revenue base,” he said.

Huffines, the Senate transportation committee vice chair, echoed Anderson’s concerns. He also said that toll roads in urban areas will geographically segregate people by income because only those Texans that can afford the added cost will live near such corridors.

“Those that can’t are going to live in those areas where they don’t have to go down toll roads,” Huffines said.

You know we are living in strange times when I find myself agreeing with Don Huffines. The story notes the failure of SH130 as a reminder of what the downside of these schemes are. As for the concerns about corruption and cronyism…yeah, there’s nothing I can say here that doesn’t put my head at risk of exploding. I don’t honestly expect much to come of this because I don’t think Trump has the attention span to push for it, and I know Paul Ryan doesn’t care about infrastructure. But if it gets a bunch of Republicans in Texas all upset, it will have accomplished at least one useful thing.

What’s the roadmap for ridesharing regulations look like?

This is going to be a challenge, no matter how you feel about it.

Uber

Several state legislators have made it clear they’re eager to take control of rules for ride-hailing companies in Texas, shifting power from individual cities to the state. But with six months until the next legislative session, there’s no clear consensus on how exactly to go about it.

The Legislature has tried before — and failed — to come up with statewide regulations sought by industry heavyweights Uber and Lyft to free them from conflicting local rules.

But the recent decision by voters in Austin — the conservative state’s liberal capital — to reject rules sought by the ride-hailing giants has been a rallying cry for lawmakers.

“We don’t live in a democracy,” said. Sen. Don Huffines, R-Dallas. “All the authority cities have comes from the Legislature. They exist by the mercy of the Legislature. So we have a distinct role in overseeing all political subdivisions that we create, and we’ve got to make sure that they don’t trample economic liberty, personal liberty and freedoms.”

After the Austin election, Huffines immediately called for state regulations, or what he called “deregulations,” and was unconcerned with overriding the will of local voters.

Lyft

“People get riled up, and they pick up their pitchforks and they run to the ballot box or they run to the barn and tar and feather or lynch someone,” he said. “We have rules of law relating to protecting the views of the minority.”

Huffines wasn’t the only state legislator whose ears perked up at news that Austin voters upheld city rules for ride-hailing companies over those backed by Uber and Lyft. His Senate colleague, Georgetown Republican Charles Schwertner, also pledged to draft legislation.

“We’re exploring all options,” Schwertner said. “There’s the background check and then there’s fingerprinting, those are two separate issues. There’s competing discussions … I personally have not made any decisions as to what is the best statutory language to put in the bill.”

[…]

For Schwertner, the layered concerns of ride-hailing companies, drivers, riders and municipalities indicate that statewide regulations would be the best route forward.

“I think the safety issue in my mind is paramount,” he said, pointing to concerns with drunk driving. “[There is] the mobility issue, economic issue — it’s multi-tiered. It’s not just a local control versus state regulation issue. It’s all those things. When you look at the totality of the concerns, it favors statewide, uniform, consistent and fair regulation.”

I’m glad to hear that from Sen. Schwertner, since his initial statements following the rejection of Prop 1 were mostly bombast. I’m still not convinced that the Legislature needs to step in on what has traditionally been a local issue, but if we can have a reasonably serious discussion about what we want ridesharing regulations to accomplish, and if we can get Uber and Lyft to be more forthcoming with their data, then this could be a positive experience. My personal preference, if this must happen, is for the state to provide a minimum set of standards that cities and counties are then allowed to add onto as they see fit. And if we really care about having a free market and not just a greased skid for the two major players, then let’s be sure to not impede the new players who are trying to fill the niche that Uber and Lyft voluntarily left behind.

On the matter of overriding municipal ordinances, that appears to now be on the table:

After a visit Wednesday from top Uber brass, Texas state Rep. Joe Pickett, D-El Paso, appeared to soften his position against a possible statewide bill that would replace city ordinances regulating rideshare companies.

As the chairman of the House Transportation Committee, Pickett’s position on the matter is crucial. Any bill regulating how companies such as Uber screen their drivers likely would be assigned to his committee, where Pickett would have power to block them.

[…]

Immediately after [the Austin Prop 1 rideshare vote], two Republican lawmakers said they would introduce bills in the 2017 legislative session that would overturn fingerprint requirements in Austin and Houston. Pickett said he would oppose such bills since they would thwart the will of local voters.

However, the El Paso lawmaker this week said there might be some room for compromise.

Houston Chronicle business columnist Chris Tomlinson in May speculated that the real reason Uber and Lyft are opposed to fingerprinting drivers is that their turnover rate is so high that many drivers won’t wait the 10 or so days it takes for the checks to be completed.

An Uber spokeswoman Thursday did not respond directly when asked if that is the case.

But Pickett said that on Wednesday he discussed a compromise with Uber brass that might solve that problem. Under it, riders could specifically request drivers who had undergone fingerprint-based FBI background checks.

“I told them that on the surface, it seemed like a hybrid that could work,” Pickett said.

Pickett goes on to say that he’d want to see if this idea is acceptable to cities and his colleagues first. It’s also not clear if Uber and Lyft would go for this; the basic idea has been floated in Austin with no apparent interest. There’s still a lot of moving parts here, and it’s not clear what if anything will be the consensus position, or at least the position that a majority will approve.

On a side note, good Lord is Don Huffines an idiot. Please, Dallas Democrats, find someone who can run against him in 2018. I know that’s an off-year and all, but his district isn’t that red. Even in the dumpster fire of 2014, SD16 was what passes for competitive, with Greg Abbott leading Wendy Davis by a 57.5-41.0 margin; not close, obviously, but slightly less Republican than the state as a whole. Please find a decent candidate and put some money into that race. Surely we can do better than this.

Filibuster threat for open carry

We could have some end of session drama this year again.

Sen. Jose Rodriguez

State Sen. José Rodríguez said Thursday that if the opportunity arises, he plans to filibuster a bill allowing the open carry of handguns in Texas.

Speaking at a Texas Tribune event, the El Paso Democrat said he thought the legislation was “totally unnecessary” and presented a threat to the safety of police officers and the public.

“I think my back is problematical, but I assure you, for this issue, I will stand as long as I can,” Rodríguez said.

The legislation — House Bill 910 from state Rep. Larry Phillips, R-Sherman — has already passed both chambers of the Legislature. It is headed to a conference committee, where Senate and House appointees must iron out key differences in the bill.

See here for the background. Sen. Rodriguez’s threat came before the controversial “no-stop” amendment was stripped from the bill by the conference committee.

“The Dutton/Huffines amendment is dead,” said state Rep. Alfonso “Poncho” Nevárez, an Eagle Pass Democrat who took part in the negotiations over House Bill 910.”There’s nothing more to do. That was the only bit of housekeeping on the bill that was to be had. It’s a done deal, for all intents and purposes.”

Once the House and Senate appointed a conference committee to work out differences on HB 910 Thursday, it took only a few hours for the panel to release a report.

Both chambers still have to approve the amended bill, and I have no doubt that they will if they get to vote on it, though there will surely be some gnashing of teeth over the change. The deadline for passage is midnight Sunday, so if Sen. Rodriguez is going to make a stand, that’s when it will happen.

In the meantime, campus carry is also going to conference committee, and will also likely emerge in a different form.

In the Senate on Thursday, the bill’s author, state Sen. Brian Birdwell, requested a conference committee on the legislation to work out differences between the two chambers.

The Granbury Republican said he had concerns with language added in the House that would include private universities in the new law.

“I am duty-bound to protect Second Amendment rights parallel to private property rights,” said Birdwell. “We must protect most private property rights equally, and not protect one or the other.”

Lawmakers who argued for requiring private universities to follow the same rules as public institutions say it’s a matter of fairness.

“If we are going to have it, I don’t know how I’m going to make a distinction between my kid who goes to Rice University and one kid at Houston,” said state Sen. Rodney Ellis, D-Houston.

[…]

House lawmakers also added provisions that exempted health facilities and let universities carve out gun-free zones. When the bill originally passed the Senate, Birdwell rejected several amendments attempting similar changes.

I suspect this one will take a little longer to resolve, but we’ll see. Maybe Sen. Rodriguez will set his sights on it, too. See this Trib story about how removing the “no-stop” amendment also removed a headache for Greg Abbott, and Trail Blazers for 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.

130114152903-abc-schoolhouse-rock-just-a-bill-story-top

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 more shot at killing the high speed rail line

Never forget that the tricksiest maneuvers in the legislative handbook come in the budget.

Texas’ prospects of having the first high-speed train line in the nation hinge on two sentences in a proposed state budget that lawmakers in the House and Senate must hash out before the end of the month.

The Senate’s budget would prohibit the Texas Department of Transportation from spending any resources overseeing or regulating a privately funded attempt to connect Dallas and Houston with a bullet train.

Company officials say that will effectively kill the project because Texas Central Railway needs the state Transportation Department’s knowledge and oversight for key aspects of the project, even though it’s not seeking state funds for construction.

It was unclear Tuesday which senator on the conference committee hashing out both chambers’ budgets added the lines affecting high-speed rail projects. State, local and Texas Central officials described the addition as a backdoor attempt to mandate policy outside of public view.

“This was something that came in the dark of night and we just haven’t had a public discussion on it yet,” said Dallas Mayor Mike Rawlings, a major supporter of the project.

Texas Central chairman and CEO Richard Lawless said the addition of the language undercuts lawmakers’ consistent portrayal of Texas as a business-friendly state whose officials don’t hamstring private entities.

“It sends an incredibly bad signal to any private company that wants to do business in Texas,” Lawless said. “It says our process is unpredictable and it isn’t transparent.”

Sen. Jane Nelson, R-Flower Mound, chairs the group of senators who will work with House counterparts to reconcile both chambers’ bills. She could not be reached late Tuesday. That conference committee of lawmakers is focused on major differences on how best to provide tax cuts. It remains unclear whether or how they’ll address the Senate’s proposed language on high-speed rail projects.

Freshman Sen. Don Huffines, R-Dallas, isn’t on the conference committee but said he’s been talking to Nelson and other members about striking the language from the bill.

“I’m cautiously optimistic,” Huffines said.

As are the rail opponents, who as we know have been unable to get a bill passed to do what they want. At least this is now out in the open, so everyone knows what they’d be voting on. If this particular rider makes it through the conference committee process, it’s as good as in. If not, then that’s likely to be all she wrote. I’d say at this point that the odds slightly favor it not being part of the budget, but we won’t know for sure till we see the final product.

On a side note, Southwest Airlines reiterated their position that they haven’t taken a position on Texas Central Railway.

In fact, according to the Chronicle’s Erin Mulvaney, Southwest Airlines CEO Gary Kelly said Wednesday the Dallas-based airline has not yet taken a stance on the high-speed rail line.

“We just haven’t taken a position,” Kelly said during a question-and-answer session in Houston. “I think we’ve been careful to say there are three options, for, against or neutral. We haven’t picked. We’ve got other things we are focused on, to be blunt, which probably sheds some light on my opinion.”

Kelly’s statement is similar to others the company has made since the rural opposition became more vocal.

Kelly said that during the dust-up in the 90s, the plan to build a rail required government subsidies. Kelly said private developers have the freedom to build whatever they can.

“If it’s privately funded venture, I haven’t spent any time thinking about that,” he said.

Nothing to add to that, just noting it for the record.

Senate bill to kill high speed rail advances

Didn’t know there was one of these.

The Senate Transportation Committee voted 5-4 to pass out Senate Bill 1601, from state Sen. Lois Kolkhorst, R-Brenham, which would strip firms developing high-speed rail projects from eminent domain authority.

Texas Central High-Speed Railway is developing a privately financed bullet train to carry passengers between Houston and Dallas in less than 90 minutes, with a single stop in between near College Station. The company has said it hopes to have the train running by 2021 and has vowed to not take any public subsidies. While the project has drawn strong support in Houston and Dallas, officials in the largely rural communities along the proposed route have expressed opposition.

Kolkhorst said Wednesday that she didn’t want to see private landowners lose their land for a project that she believed is likely to fail.

“While I think in some countries it has worked, I don’t see a whole lot of high-speed rail across the United States,” Kolkhorst said. “I just don’t see it, and I’m not sure I want Texas to be the guinea pig on this.”

Four Republicans joined Kolkhorst in voting for the bill: Transportation Chairman Robert Nichols of Jacksonville, Troy Fraser of Horseshoe Bay, Kelly Hancock of North Richland Hills and Bob Hall of Edgewood. Voting against the bill were two Houston Democrats, Rodney Ellis and Sylvia Garcia, and two North Texas Republicans, Don Huffines of Dallas and Van Taylor of Plano.

[…]

Texas Central Chairman and CEO Richard Lawless told the committee he felt his company was being unfairly singled out.

“All that we ask that this train be treated like any other private train in Texas,” Lawless said. “It does not seem fair to us that this train should be prohibited in Texas just because it goes faster than other trains.”

Those informational meetings sure look like a necessary idea. I noted a bill filed in the House that would have required each city and county along the route to approve the idea. Maybe that was overkill, as that bill has not been scheduled to be heard in committee as yet. What’s most interesting here is that the vote against it was bipartisan, with two Metroplex-area Senators not joining with their mostly rural colleagues (Kelly Hancock being the exception) on this. That suggests to me that this bill might have a hard time coming to the floor, or even getting a majority. If that’s the case, I’m okay with that. Hair Balls has more.

Joining together for equality

Good to see.

RedEquality

Standing alongside Democrats, a representative for the state’s powerful business lobby Tuesday denounced two proposed amendments to the state constitution aimed at bolstering protection for people acting on religious beliefs, which detractors say would legalize discrimination against gays and lesbians.

“These amendments are bad for business,” said Bill Hammond, chief executive of the Texas Association of Business, at a press conference. “They would devastate economic development, tourism and the convention business.”

It’s part of a larger debate taking place around the country, most notably in Indiana where public backlash over a similar law forced the state’s governor to sign an amended version that included protections for gays and lesbians. The question Texas lawmakers face is how they should balance their obligation to protect minority groups with a commitment to religious liberty.

[…]

“We’ve all seen the uproar in Indiana,” said state Sen. Rodney Ellis, D-Houston, at the press conference. “There’s absolutely no doubt that passing these amendments would bring the same uproar and condemnation to Texas.”

Yes, Indiana is an object lesson, though whether or not we heed it remains to be seen. Hammond and TAB are good allies to have in this fight, and as we’ve already seen they can move some votes on this, but it’s important to maintain some perspective.

The two amendments are among more than 20 anti-LGBT proposals in the 84th Legislature, including statutory bills that would similarly allow businesses to discriminate based on religious beliefs. But Hammond said the TAB board hasn’t voted whether to come out against those measures.

TAB President Chris Wallace told the Observer on Monday that he and Hammond plan to recommend that the board oppose bills making it illegal for transgender people to use restrooms according to how they identify.

“Business owners are going to have to be enforcers of this legislation, and we certainly do not want to place any more burdens on business than there already are,” Wallace said.

Wallace said other proposals to bar cities from enforcing LGBT-inclusive nondiscrimination ordinances may present a quandary for TAB. At least one of the bills, Senate Bill 343 by Sen. Don Huffines (R-Dallas), would also bar cities from regulating fracking, plastic bags and ride-sharing—a concept TAB supports.

Hammond said TAB likely will wait until other anti-LGBT legislation is scheduled for committee hearings to take an official position. None of the so-called religious freedom measures or bills targeting local LGBT protections has been scheduled for hearings as the session approaches its final 45 days.

“I think what happened in Indiana is hopefully a turning point,” said Chuck Smith, executive director of Equality Texas. “Every day that goes by without a negative bill having a hearing is a good thing.”

So yeah, just because they’re on our side on this issue – and to be fair, they’re on our side on some other key issues, such as supporting the DREAM Act and opposing “sanctuary cities” – doesn’t mean they’re on our side. It’s a marriage of convenience, and as long as we keep that in mind we can team up when it makes sense. There’s more than enough crazy to fight against this session, and Hammond is the kind of old school, business-first conservative that isn’t into that sort of thing. But he’ll align with it when it suits his purpose, and he and his group are a bunch of wusses when it comes to enforcing consequences against politicians they support who then go on to work against their interests. Let’s take advantage of this opportunity, let’s just keep our eyes open as we do. Trail Blazers has more.

Bill to outlaw non-discrimination ordinances filed

From The Observer:

RedEquality

A Fort Bend County Republican has introduced a bill that would bar cities from adopting or enforcing non-discrimination ordinances that include protected classes not contained in state law. Texas law doesn’t include sexual orientation or gender identity and expression.

As a result, state Rep. Rick Miller’s House Bill 1556 would undo LGBT protections passed by numerous cities, including Austin, Dallas, San Antonio, El Paso, Fort Worth, Houston and Plano. Altogether more than 7.5 million Texas are covered by such ordinances.

“HB 1556 will prevent local governments from expanding business regulations beyond limitations established in state law,” Miller told the Observer. “Competing and inconsistent local ordinances interfere with economic liberty and discourage business expansion. By promoting instead of restricting business growth, this bill is about job creation and an improved state economy, both of which have a direct, positive impact on Texas citizens.

“Because every private business is different, nothing in the bill prevents local businesses from voluntarily adopting their own discrimination policy not currently included in state law,” he added.

Rep. Miller’s son, Beau Miller, an openly gay 41-year-old Houston attorney, is an HIV and LGBT activist. Miller said he was “extremely disappointed” to learn about his father’s bill.

“If the bill progresses through the Legislature, I’m sure there will be a robust conversation about the impact not only on minority communities, such as the LGBT community, but also on local rule in Texas,” Beau Miller said. He also posted a response to the bill on Facebook.

Miller’s bill is the counterpoint to Sen. Jose Rodriguez’s statewide non-discrimination bill that was also filed last week. It’s a more limited approach than Sen. Don Huffines’ bill to outlaw cities, which makes it more dangerous. I imagine family gatherings at the Miller house will be a bit more awkward now, and that’s a good thing. Rep. Miller should feel bad about this. It’s an appropriate response for when one does something offensive and wrong and gets called out on it.

As we know, strangling local control has been a running theme this session, with Greg Abbott and the Republican legislature deciding that they are the only valid authority in Texas. Thankfully, there is finally starting to be some organized pushback on this.

Local Control Texas — composed of Central Texas environmentalists, workers’ rights groups and Republicans from rural areas and small cities — might be the one thing stopping a governor-inspired effort at the Capitol to target some local ordinances.

Already, Local Control Texas has had some success, getting out-of-the-way towns like Montgomery — 50 miles north of Houston — to pass or consider resolutions that call some of the proposed legislation an overreach. The effort seeks to broaden opposition beyond major cities like Austin, Dallas, Houston and San Antonio, which have passed some of the local ordinances Abbott wants to pull back.

“What looks weird to some looks like home to others who create software and startups and street art,” Austin Mayor Steve Adler told the American-Statesman in January as he sought to defend the local rules following Abbott’s swipe.

“We ask that you refrain from hindering local governments’ abilities to serve the interests of their residents,” the group’s founders have written in an open letter to state leaders and lawmakers that is posted on the group’s website, localcontroltexas.org.

The signees of that letter include Darren Hodges, Fort Stockton’s Mayor Pro Tem who also identifies himself as a tea partier; Lanham Lyne, a former Republican state representative and mayor from Wichita Falls who runs an oil and gas exploration business; the Greater Edwards Aquifer Alliance; the Workers Defense Project; and the Texas Campaign for the Environment.

“Austin is a bit hypocritical, complaining to Washington, D.C., and then going around and telling local communities what to do,” Hodges, who has championed a plastic-bag ban in Fort Stockton, told the American-Statesman.

Karen Darcy, a member of the North Shore Republican Women, which meets by Lake Conroe, north of Houston, says she’s called her state representative and state senator — both Republicans — to ask them to fight proposals that threaten local control.

“If the majority at a local level have a problem with something, it’s up to that jurisdiction to decide what’s best for its citizens,” she said.

The Local Control Texas website is here if you want to check it out. Their efforts are badly needed, and I definitely appreciate the Republican participation on it, since this message needs to be bipartisan. What also needs to happen is for these same Republicans to be prepared to vote against at least some of the politicians that are doing this to their cities and counties. They can pick their spots as needed, but as with many other things, until someone actually loses an election as a result of being on the wrong side of an issue like this, there won’t be any incentive to be on the right side. Consequences can be quite motivating, if they exist.

A bill to outlaw cities

That would appear to be the effect of this.

Sen. Don Huffines

Sen. Don Huffines, a Republican from Dallas, has filed a bill that would prohibit cities from enforcing LGBT-inclusive nondiscrimination ordinances.

Huffines’ Senate Bill 343, introduced Friday, is a sweeping proposal that would bar local governments from implementing ordinances that are more stringent than state law on the same subject, unless otherwise authorized by statute.

Since Texas law doesn’t prohibit employment discrimination based on sexual orientation and gender identity, cities couldn’t do so, either.

[…]

Although in line with some of Republican Gov. Greg Abbott’s recent statements, Huffines’ proposal seems extraordinarily broad and would block cities from implementing an array of local laws.

You can say that again. Here’s SB343, and here’s the relevant bit from the text:

Sec. 1.006. CONFORMITY WITH STATE LAW. (a) Where the state has passed a general statute or rule regulating a subject, a local government shall restrict its jurisdiction and the passage of its ordinances, rules, and regulations to and in conformity with the state statute or rule on the same subject, unless the local government is otherwise expressly authorized by statute.
(b) Unless expressly authorized by state statute, a local government shall not implement an ordinance, rule, or regulation that conflicts with or is more stringent than a state statute or rule regardless of when the state statute or rule takes effect.

I’m not a lawyer, but even I can recognize that “stringent” isn’t exactly a well-defined legal term. As noted by Jay Aiyer on Kris Banks’ Facebook page, this would effectively end all local control by cities and would contradict the Home rule provisions that already exist in state law, thus making cities more or less like counties. The entire Eagle Ford Shale formation isn’t big enough for this can of worms. You have to hate gay people really hard to come up with something as demented as this. I doubt this will get any traction, but it does put Huffines in the running for worst bill of the session (Cecil Bell remains in the pole position for that) and clearly establishes his bona fides for the Texas Monthly Ten Worst list later on. Kudos to you for that, Don.

The Senate is likely to get stupider again

The cause.

Sen. Robert Duncan

The Texas Tech University System Board of Regents officially named state Sen. Robert Duncan, R-Lubbock, the sole finalist to be the system’s next chancellor in a press release issued Monday afternoon.

Duncan is expected to start in his new position on July 1. A special election will have to be held to replace him, and at least one candidate — state Rep. Charles Perry, R-Lubbock — has already announced an intention to run.

“To be able to serve the great universities in the Texas Tech University System is a tremendous honor for me and my family,” Duncan said in a statement. “I love the people of West Texas and will devote all of my energy to continue to grow the reputations for excellence of all the universities in the system.”

Mickey Long, the chairman of the Texas Tech board, expressed delight that, though the regents undertook a national search for the replacement for outgoing chancellor Kent Hance, they ended up with a new chancellor with strong personal ties to the region and to Texas Tech University.

The effect.

If current trends hold, [Duncan] may well be replaced by a tea party fire-breather for a 2015 session that will be seriously deficient in “credibility, calm, and collegiality.” Here’s another way to think about that: The Rice University political scientist Mark P. Jones created an ideological pecking order of the Texas Senate after last session. He compared votes and identified the most liberal (relatively speaking) and conservative senators.

There were 19 GOP senators last session. Of the six most moderate, only three will be left next session. It’s possible that there will be only two. Duncan is leaving, and state Sen. Tommy Williams (R-The Woodlands) already left, each to take a university job. State Sen. John Carona, the most moderate according to Jones’ standard, lost a re-election bid.

State Sen. Bob Deuell (R-Greenville) faces a surprisingly competitive primary runoff against a challenger with an extremely problematic personal history; that contest will be resolved May 27. That leaves only state Sen. Kel Seliger (R-Amarillo), who squeaked past a surprisingly competitive primary challenge of his own, and state Sen. Kevin Eltife (R-Tyler).

If he wins next week’s lieutenant governor runoff, Dan Patrick has talked about ending the senate’s two-thirds rule and stripping all committee chairmanships from Democrats, which would turn the chamber, effectively, into his own private club. As if that weren’t enough, the bottom third of Jones’ chart—the small group of plugged-in, moderate Republicans—is fading away. In 2011, Texas Monthly wrote that “legislatures can’t function without members like Robert Duncan.” It looks like we’ll soon find out if that’s true.

You don’t have to buy Mark Jones’ ideology-identifying methodology to recognize that Sen. Duncan is in the increasingly smaller “let’s get something done” bucket on the Republican side of the Senate. We already know what we’re getting from some of the replacement Republican Senators, and the possible additions of Deuell’s completely unhinged challenger – who would be elected, it must be noted, by equally unhinged voters – and teabagger Rep. Charles Perry if he wins the future special election in SD28 – will only serve to make it worse. Duncan had long been expected to be the next head of Texas Tech and I will wish him well in his new job, but his good fortune will not be good for the rest of us.

Primary results: Legislature and Congress

Rep. Lon Burnam

The big news on the Democratic side is the close loss by longtime Rep. Lon Burnam in HD90, who fell by 111 votes to Ramon Romero Jr. I know basically nothing about Rep.-elect Romero, but I do know that Rep. Burnam has been a progressive stalwart, and it is sad to see him go. His district is heavily Latino, and he defeated a Latino challenger in 2012, but fell short this year. Congratulations to Rep.-elect Romero. Also in Tarrant County, Annie’s List-backed Libby Willis will carry the Democratic banner in SD10 to try to hold the seat being vacated by Wendy Davis. Elsewhere in Democratic legislative primaries, Rep. Naomi Gonzalez, who earned a Ten Worst spot this past session for a DUI bust during the session, was running third for her seat. Cesar Blanco, a former staffer for Rep. Pete Gallego, was leading with over 40% and will face either Gonzalez or Norma Chavez, whom Gonzalez had defeated in a previous and very nasty primary. I’m rooting for Blanco in either matchup. All other Dem incumbents won, including Rep. Mary Gonzalez in HD75. Congressional incumbents Eddie Berniece Johnson and Marc Veasey cruised to re-election, while challengers Donald Brown (CD14), Frank Briscoe (CD22), and Marco Montoya (CD25) all won their nominations.

On the Republican side, the endorsements of Rafael Cruz and Sarah Palin were not enough for Katrina Pierson in CD32, as Rep. Pete Sessions waltzed to a 68% win. Rep. Ralph Hall, who was born sometime during the Cretaceous Era, will be in a runoff against John Ratcliffe in CD04. All other GOP Congressional incumbents won, and there will be runoffs in CDs 23 and 36, the latter being between Brian Babin and Ben Streusand. I pity the fool that has to follow Steve Stockman’s act.

Some trouble in the Senate, as Sen. Bob Deuell appears headed for a runoff, and Sen. John Carona appears to have lost. Sen. Donna Campbell defeats two challengers. Those latter results ensure the Senate will be even dumber next session than it was last session. Konni Burton and Marc Shelton, whom Wendy Davis defeated in 2012, are in a runoff for SD10.

Multiple Republican State Reps went down to defeat – George Lavender (HD01), Lance Gooden (HD04), Ralph Sheffield (HD55), Diane Patrick (HD94), Linda Harper-Brown (HD105), and Bennett Ratliff (HD115). As I said last night, overall a fairly tough night for Texas Parent PAC. Rep. Stefani Carter (HD102), who briefly abandoned her seat for an ill-fated run for Railroad Commissioner, trailed Linda Koop heading into a runoff.

I’ll have more thoughts on some of these races later. I’d say the “establishment” Republican effort to push back on the Empower Texas/teabagger contingent is at best a work in progress. May open an opportunity or two for Dems – I’d say HD115 is now on their list in a way that it wouldn’t have been against Rep. Ratliff – but barring anything strange we should expect more of the same from the Lege in 2015.