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Donna Campbell

No, the bathroom bill issue hasn’t gone away

Lisa Falkenberg tries to argue that the bathroom bill issue has faded away this election, but I don’t buy it and I don’t think she does, either.

But there’s one hot-button issue that’s been notably absent: the bathroom bill.

And actually, it has been notably absent from just about every Republican primary contest this season, as the Texas Tribune reported this week.

That is interesting, seeing as how the divisive provision regulating transgender bathroom use distracted from serious legislation and even triggered a special session. I asked those closely involved in fighting the bill for a ballpark figure on the hours wasted in hearings, negotiations, stakeholder meetings and floor debate.

Hundreds, they said.

The fact that the burning issue is now a non-issue is a bit surprising, seeing as how Lt. Gov. Dan Patrick warned lawmakers who worked successfully to thwart it that they would face consequences, namely the wrath of their constituents.

“Let them go home and face the voters for the next 90 days,” Patrick was quoted saying on the last day of the special session in reference to bill opponents.

Certainly, plenty of political observers, myself included, expected that the bill that launched protests, hours of debate among lawmakers and stoked fear in the hearts of parents and transgender Texans would play a role on the stump, whether employed as a strict litmus test or a mere dog whistle.

Now, it seems all but forgotten. The question is why.

[…]

Mark Jones, political science professor at Rice University, says the issue just didn’t have the staying power among the Republican base as issues such as illegal immigration, abortion and taxes. He said most GOP primary voters have largely forgotten about the issue, which was never a priority for them anyway.

Jones says he suspects one reason that potty politics have quieted is that “even for most conservative activists the bathroom bill was something of a manufactured issue, where some members of the GOP elite converted a relatively non-issue into an issue among the base, but one that absent a constant stoking of the fire by the GOP elite has for all intents been extinguished.”

He added, “Until such time that Dan Patrick decides to pour some gasoline on the remaining embers.”

Hold that thought for a minute. The Trib had an article along the same lines a day or two before Falkenberg’s piece.

For starters, its biggest champion, Patrick, is no longer promoting it with remotely the same level of enthusiasm he did before and during the 2017 sessions. In October, he declared bathroom bill supporters had “already won” by sending a message to any school or business thinking about providing the kinds of accommodations that led to the push for the proposal in the first place.

Furthermore, the two Republicans most closely associated with the legislation’s death — Straus and state Rep. Byron Cook, R-Corsicana, the chairman of the House State Affairs Committee — are not seeking re-election, avoiding primary challenges that could have been shaped by their opposition to the proposal.

For some bathroom bill supporters, the Cook and Straus retirements are enough proof that the failure of the legislation had political consequences.

[…]

In a small number of cases, primary challengers have sought to appeal to more moderate Republican voters by providing a contrast with incumbents who supported the bathroom bill. In her debut ad, Shannon McClendon, who’s running against state Sen. Donna Campbell of New Braunfels, said the incumbent “wants the government to intrude into our bedroom, our bathrooms and our boardrooms — I want to focus on our classrooms.”

That’s about as far as it goes among Republicans who weren’t keen on the bathroom bill, though. Even the political arm of the TAB, among the legislation’s biggest opponents last year, has kept talk of the issue at a minimum as it has sought to play a more aggressive role in the primaries. It snubbed a number of bathroom bill supporters in its primary endorsements, but it also backed some who unapologetically voted for it, like Campbell.

Hey, you know who’s a big bathroom bill booster that’s being challenged over that issue in the Republican primary? Dan Patrick, that’s who. His what-used-to-be-considered-mainstream Republican opponent is Scott Milder, who has gotten support from editorial boards and not much of a hold on the news pages. One reason why the bathroom bill isn’t getting much attention is precisely because this race isn’t getting much attention. Other reasons include the departures of Joe Straus and Byron Cook, and the big focus on federal races – Congress plus Beto O’Rourke – where bathrooms take a back seat to all things Trump. At the state level, there’s more attention on the Democratic gubernatorial primary than anything else.

But look, none of this really matters. What matters is what Mark Jones said. Dan Patrick doesn’t forget, and he doesn’t give up. The fact that there weren’t high profile fights over potties in the primary will be taken by him as proof that he was right all along, that Republican voters were on his side. And when you consider that there are no Republicans of prominence on the ballot who are disputing that, and that as expected the Texas Association of Business has been as toothless as a a newborn, why should he think otherwise? Republican primary voters are gonna do what Republican primary voters do, which over the past half dozen or so cycles has meant “nominate more and more unhinged lunatics”. You want to restore a little sanity and put things like bathroom bills in the trash can where they belong, vote Democratic. That’s a message that maybe, just maybe, Dan Patrick will have to listen to.

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.

Lamar Smith to retire

Good riddance.

Rep. Lamar Smith

U.S. Rep. Lamar Smith, R-San Antonio said Tuesday he is retiring from Congress.

“For several reasons, this seems like a good time to pass on the privilege of representing the 21st District to someone else,” he wrote in an email obtained by the Tribune. “… With over a year remaining in my term, there is still much to do. There is legislation to enact, dozens of hearings to hold and hundreds of votes to cast.”

Smith, a San Antonio native, received his undergraduate degree from Yale and attended law school at Southern Methodist University. He was elected to Congress in 1987 and represents a district that spans Austin, San Antonio and the Texas Hill Country. He is the current chairman of the U.S. House Science, Space and Technology Committee.

Like U.S. Rep. Jeb Hensarling, the House Financial Services chairman who announced his retirement on Tuesday, Smith faced a term-limit in that role.

[…]

Speculation immediately began among Texas GOP insiders about who could succeed Smith in his seat. Names included state Reps. Jason Isaac and Lyle Larson, and Austin City Councilwoman Ellen Troxclair.

State Sen. Donna Campbell’s name was also put in play. A spokesman for Campbell said she “will carefully and prayerfully consider what is best for her and the district.”

Austin-based communications consultant Jenifer Sarver, a Republican, confirmed that she’s “taking a serious look” at running for the seat.

The question on many insider’s minds is whether retiring state House Speaker Joe Straus would consider a run, but sources close to him said Thursday he is not interested.

Smith’s 21st Congressional District runs from South Austin along the west side of I-35 into San Antonio and extends westward into the Hill Country. The district was drawn to be a safe Republican seat, but there is a competitive Democratic primary this year with viable fundraising candidates. One of the Democratic challengers, veteran Joe Kopser, raised more funds than Smith in the last quarter.

Democrats have argued for weeks that if more Republicans retire, they have a better shot at those open-seat races.

Is this one of those races? It’s too soon to tell, Democratic sources around the Capitol told the Tribune.

This district would be incredibly difficult to dislodge, but perhaps not as hard as a lift as a conservative East Texas bastion such as Hensarling’s seat. Democrats will prioritize dozens of other seat before they spend on this one, situated in the expensive Austin and San Antonio markets.

The early read from Democrats in Washington: It would have to be an absolutely toxic environment for the GOP next year for this seat to flip.

Let’s be clear: Lamar Smith is terrible. Not just for his longstanding enmity towards the environment, which the story covered, but also for his equally longstanding hostility towards immigration. Of the names mentioned as potential Republican candidates to replace him, only Donna Campbell is clearly worse. That said, it is hard to beat an incumbent, and his departure ought to make the path a tad bit easier for someone like Joseph Kopser. CD21 was red in 2016, but not as red as it has been. Trump carried it 51.9 to 42.1, while Mike Keasler on the CCA won it 56.7 to 38.1. In 2012, it was 59.8 to 37.9 for Mitt Romney and 58.6 to 36.6 for Sharon Keller. Whether that’s enough to draw national attention is another question, but adding Smith’s name to the pile of leavers does help further the “abandon ship” narrative. I only wish he had done so sooner. ThinkProgress, which goes deeper on Smith’s extreme pro-pollution record, has more.

Greg Abbott’s war on trees

This is just bizarre.

One of the 20 items Gov. Greg Abbott has asked lawmakers to consider during the upcoming special session, which will begin July 18, is outlawing local tree regulations. More than 50 cities and towns in Texas have ordinances aimed at protecting trees; many of the local rules require property owners to either pay a fee for removing trees or replant trees after they cut some down. Municipalities often design them to prevent the type of branch slashing Beatty said occurred on the property near her Dallas home.

But Abbott — joined by a number of Republican lawmakers and the Texas Public Policy Foundation, a conservative think tank — are calling for the end of those local protections. They argue that the tree ordinances are an unconstitutional violation of private property rights, and Abbott, who grappled with Austin tree regulations as a homeowner, calls the rules a “socialistic” infringement on a landowner’s freedom.

“I feel like those who own their trees have the right to do with their trees what they want,” said state Sen. Konni Burton, R-Colleyville.

[…]

Keith Mars, who enforces Austin’s tree regulations as the city arborist, said trees are an important reason why Austin is a growing destination known for its quality of life. He points to the environmental and economic benefits of trees.

“We know about the quality that this urban canopy provides for our citizens and why so many people are moving here from all over the country,” he said. “There will be a real economic impact to the vitality of Austin and other cities.”

To Robert Henneke, the general counsel at the Texas Public Policy Foundation, though, the tree regulations hamper economic growth in Texas cities.

“The compliance cost of these tree regulation ordinances is harmful because it drives up the cost of housing,” Henneke said. Henneke said the foundation worked with lawmakers who filed bills on the topic during the regular session.

Those efforts will run up against the Texas Municipal League, an organization that advocates for Texas cities and towns in the Legislature. Bennett Sandlin, the group’s executive director, said the organization plans to resist bills that nullify local tree regulations. He says municipalities have the constitutional power to protect trees.

“If you take that argument to the extreme — that you can do anything you want on your property in an urban area —then you wouldn’t have zoning,” Sandlin said. “You could have a strip club next to a home or you could have a liquor store next to a school.”

See here for the roots (sorry not sorry) of Abbott’s tree tirade. I find this just so petty and vindictive. I mean, maybe Austin’s tree removal ordinances and processes are byzantine and life-sucking – it happens, I have no idea. A normal person might view that as a city problem, since it was the city that put in these requirements, presumably for some justifiable reasons. One could complain to one’s Council member or the Mayor, one could form an organization devoted to reforming or repealing these rules, one could run for city office on a tree-regulation-reform platform – there are many options. To decide that all tree-related regulations in all cities are uniformly terrible and must be destroyed is some kind of special snowflaking right there. Also, some people refer to “driving up the cost of housing” as “enhancing property values”. Maybe talk to a realtor? I don’t know. I mean, I don’t know how Texas ever got to be such a wonderful place when so much of it is clearly a dystopian hellhole. Thank God we have Greg Abbott and his million-dollar donors to set us straight.

Immigration bills fail

Another thing to celebrate from this session.

As the sun begins to set on the 84th Texas Legislature, promises to enact tough immigration legislation remain unfulfilled. State Sen. Donna Campbell says she’s not giving up just because the last gavel is about to drop.

Campbell, a New Braunfels Republican, tried unsuccessfully to pass Senate Bill 1819, which would have eliminated a 14-year-old policy that allows non-citizens, including some undocumented immigrants, to pay in-state tuition rates at public colleges and universities.

“Unfortunately, it takes a [three-fifths] vote to bring a bill to the floor, and I was unable to find those final two to three affirmative votes once the bill passed out of committee,” she said in an email Saturday. “I am disappointed that we were unable to get this bill passed under the current body, but I have two years to change a couple members’ minds and try again next session.”

Republican lawmakers could take a similar conciliatory tone on another contentious issue, Senate Bill 185, by state Sen. Charles Perry, R-Lubbock. That bill sought to ban so-called “sanctuary cities” – the common term for local governments whose peace officers don’t enforce immigration laws.

The proposals seemed likely to pass, at minimum, the upper chamber in the early months of the session. The crush of unauthorized migration last summer in the Rio Grande Valley kept the issues at the forefront, and some GOP senators said during their campaigns that passing immigration legislation was a priority.

But two Republican senators, Kevin Eltife, R-Tyler, and Craig Estes, R-Wichita Falls, opposed the measures. Eltife said the issues were about local control; Estes said he feared both could have dire unintended consequences. Their opposition blocked both from going before the full chamber for a vote.

State Sen. Kirk Watson, D-Austin, said a coalition opposing the bills formed early, and it held “regardless of a great deal of pressure that was put on some people.”

“We spent time talking to individual members and talking to people outside the Capitol who in turn talked to members, so that we could be sure we weren’t making any assumptions about where someone might be on these bills, simply because of their party,” said Watson, chairman of the Senate Democratic Caucus.

See here for some background. I don’t expect this issue to go away despite the huge amount allocate in the budget for “border security” or the reality that immigration patterns have changed greatly in recent years. This will be a “crisis” in need of “immediate action” for as long as it has potency as an election issue. Stace has more.

Where the education reform bills stand

As we know, the attempt to take a first stab at school finance reform did not make it to the House floor. That doesn’t mean there wasn’t some action on school-related issues. This Chron story from the weekend recapped a couple of the major bills that did make it through.

Jimmie Don Aycock

Lawmakers likely could have killed House Bill 2804, the A-F and accountability legislation, by delaying debate until midnight Thursday, the deadline for passing House bills out of that chamber. Instead, out of respect for [Rep. Jimmie Don] Aycock, the bill’s opponents chose to allow a vote even though they knew it would win approval.

On Friday, Aycock said he would be proud if the bill is the last piece of legislation he helps shepherd to passage.

“I was pleased and surprised that some people who opposed the bill, had every right to oppose the bill, chose not to kill it on the clock,” said Aycock, who is mulling whether to retire from politics. He was elected in 2007 and quickly rose to become chairman, but at nearly 70, says he wants to return to his central Texas ranch life.

[…]

Originally, House Bill 2804 sought solely to revamp the way schools are held accountable by placing less emphasis on state standardized test performance in grading campuses.

Sensing he didn’t have the political support to pass the bill as it was, however, Aycock amended it to mandate schools be given A-F grades, a proposal popular with many Republicans. Educators and many Democrats oppose the A-F scale, saying it stigmatizes low-performing schools.

Aycock says having an A-F system won’t be an issue if the grades are determined fairly: “It’s not the horrible deal that everybody thinks it will be if you have an accountability system on which to base it. If you have the present accountability model, then it’s just totally unacceptable.”

Schools are graded now either as “met standard” or “improvement required,” based largely on student performance measures. Under House Bill 2804, 35 percent of a school’s grade would be determined by measures like completion and dropout rates, and by how many students take AP and international baccalaureate classes. Ten percent would be based on how well the school engages with its community, and 55 percent on state test scores with a particular emphasis on closing the gap between the top- and bottom-performing students.

[…]

House Bill 1842, which would force districts to improve failing schools or face tough consequences, passed the House the day before with little of the discussion Aycock’s other legislation generated. Aycock called the bill “one of the most far-reaching bills of the session,” and said while he carried it, Dutton was the architect.

“I think House Bill 1842 is the best bill on public education that helps students more than any bill that I’ve seen in this Legislature, and I’ve been here 30 years,” [Rep. Harold] Dutton said Friday. “We have never pressured districts to do something about (low-performing schools). This does that. This says to the school district, ‘Either you do it, or we’ll get someone who can.’ ”

The legislation would require any school that has received a failing grade for two straight years to create an improvement plan to take effect by the third year. If the school has not improved by the end of the fifth year, the commissioner of education would have to order the school’s closure or assign an emergency board of managers to oversee the school district.

Schools that have received consistently failing grades, such as Kashmere and Jones High Schools in the Houston Independent School District, would have one less year to implement a turnaround plan.

“Kashmere is what started me down this road,” Dutton said.

Kashmere earned the state’s “academically acceptable” rating in 2007 and 2008, but it has failed to meet standards every other year over the last decade. Its enrollment has fallen to about 500 students, most of whom come from poor families. Last school year, more than a quarter were in special education and 2 percent were designated as gifted, state data show.

“We’re just going to wait and see what the state does,” HISD Superintendent Terry Grier said about Aycock’s legislation. “If the state gives us the option of trying to manage it, we would implement some of the same strategies we have found to be successful in North Forest.”

I don’t care for the A-F grading system. I tend to agree with the critics that say it will stigmatize some schools. Not just the schools that get a D where they might have gotten a “meets standards”, but perhaps also the ones that get a B instead of an “academically recognized”. Who wants to send their kids to a B school if an A school is available? As for HB 1842, I don’t have any problem with the concept, but I’d like to know there’s some empirical evidence to suggest something like this can work, and has worked before. We haven’t done much to track the progress of students that were taken from failing school districts that the state shut down, so there’s not much of a track record here. What happens if we try this and it doesn’t work? What comes next?

The Observer updates us on some other education bills.

“Parent Empowerment”

Under a measure passed in 2011, parents can petition the state to turn schools with five consecutive years of poor state ratings into charter schools, to have the staff replaced, or even to close the school. It’s a tactic known as a “parent trigger,” and Taylor’s Senate Bill 14 would reduce that period to three years.

“This is about parent empowerment,” Taylor said when he introduced his bill in March. “[Five years] is too long to have young children stuck in a school and to have people defending that failing school district.”

California adopted the nation’s first parent trigger law, and its use there has prompted controversy. Critics say the few instances when the law has been invoked led to community conflict, teacher attrition, and dubious results. Nevertheless, reform advocates hope to spread and strengthen such laws across the country.

SB 14 easily passed the Senate in April but has less support in the House. The measure will also be heard in the House Public Education Committee on Tuesday.

Virtual Schools

Texas law allows public school students in grades 3-12 to take up to three online courses, paid for by the student’s school district at up to $400 per course. Senate Bill 894, by Taylor, would lift the three-course cap and extend online courses to students in kindergarten through second grade.

Texas needs to remove existing barriers and provide greater opportunity for students to access online courses, Taylor said as he introduced his bill in March.

David Anthony, CEO of Raise Your Hand Texas, a nonprofit education advocacy organization, has called SB 894 a “virtual voucher” that would drain funds from public schools and direct them to for-profit virtual school providers.

Research has shown that student performance lags in corporate-run virtual schools compared to their traditional brick-and-mortar counterparts. “There is little high-quality research to call for expanding [virtual schools],” according to a 2014 report from the National Education Policy Center.

SB 894 was voted out of committee in April but has yet to be brought up on the Senate floor for a vote.

Vouchers

After numerous defeats by a coalition of rural Republicans and big-city Democrats during past sessions, the fight for school vouchers returned to the Capitol this session.

Senate Bill 4, by Taylor, would create scholarships to enable mostly low- and middle-income students to attend private and religious schools. Under the measure, private businesses would receive a tax credit for funding the scholarships.

Students from families with an income of not greater than 250 percent of the national free and reduced-price lunch guideline would qualify—for a family of five that means an annual income of about $130,000. Patrick proposed a very similar measure in 2013.

Sen. Donna Campbell (R-New Braunfels) memorably used a hearing on this measure to denigrate public education.

The bill passed the Senate, but several representatives told the Observer vouchers will be easily defeated in the House. SB 4 is currently stuck in the House Ways and Means Committee, which is chaired by Rep. Dan Bonnen (R-Angleton). Bonnen has emerged as a fierce foe to Patrick this session, and it is not clear if he will even bring the bill up for a vote.

Here’s Raise Your Hand Texas testifying against the “parent trigger” bill. I can’t say I’ll be sad to see any of these die.

And finally, there’s still the budget, which as always has an effect on schools. Here’s some information of interest for anyone who lives in HISD from local activist Sue Deigaard:

HB1759, that would have made structural modifications to school finance and added $800 million more to the $2.2 the House added in their budget for public education, was pulled from the floor on Thursday. Basically, there were so many amendments it was unlikely there was time left to get it to a vote and the time spent on a HB1759 vote would have preempted other bills from being discussed. It also sounds like the vote in the Senate for HB1759 would have been especially steep even if it had been approved by the House.

So, HISD will go into “recapture.” That means that per Ch 41 of the Texas education code, because HISD is a “property rich, student poor” district, instead of HISD receiving money from the state we will have to send local tax revenue TO the state to redistribute to other districts. We are projected to lose as much as $200 million over the coming biennium. Here’s the fun part…the electorate in HISD gets to decide whether or not to send that money back to the state. Yet, not really. First, the HISD board will have to vote on whether or not to even have such an election. If they don’t hold an election, the state comes and chooses properties within HISD and annexes them on paper to other school districts. If they do hold an election and voters do not approve to give money to the state (which is the likely outcome), then the state comes and chooses properties within HISD and annexes them on paper to other school districts. The “ask” now is for the budget conferees, which include a few members of the HISD legislative delegation, to approve the House pub ed allocation that increases basic allotment for pub ed by $2.2 billion instead of the Senate version that increases it by $1.2 billion. Also, at least as I understand it, that “increase” still does not restore the per pupil allocation that was cut back in 2011, and like last session mostly just funds enrollment growth. As logic would dictate, adding the extra $1 billion in the House version over the Senate version infuses the system with more money so HISD has to send less back to the state through recapture. Basically….House budget = better for HISD.

Unfortunately, the Senate won this skirmish.

The budget conference committee — made up of five senators and five House members — approved a $1.5 billion boost to public education beyond enrollment growth, according to the LBB. The figure matches what the Senate had requested. The House had pushed for a $2.2 billion increase, and had briefly considered an additional $800 million on top of that tied to reforms in the state’s convoluted school finance system.

State Rep. Sylvester Turner, D-Houston, was the lone “no” vote on the committee’s decisions to set the level of public education funding, in large part because he felt the amount was too little compared to how much the state was putting toward tax cuts and border security, he said.

“Conservatives spend money like they’re printing money,” Turner said, except on education.

Budget conferees included Rep. Sarah Davis and Sen. Joan Huffman. When HISD has to raise taxes or cut programs to cover this loss, you can thank them for it.

Senate still trying to pass “sanctuary cities” and DREAM Act repeal

Time is running out on these bad bills, but as the man said, it ain’t over till it’s over.

After sitting idle in the Senate for more than a month, a controversial bill to eliminate in-state tuition rates for undocumented immigrants is back on the upper chamber’s calendar.

But it remains unclear whether the Senate has the votes to bring the measure up for debate.

Senate Bill 1819 by state Sen. Donna Campbell, R-New Braunfels, would do away with what has been standard policy in Texas since 2001: allowing non-citizens, including undocumented students, to pay discounted in-state tuition rates if they have lived in Texas for three or more years.

The proposal was originally placed on the Senate’s intent calendar on April 15 after an hours-long and emotional committee hearing — but it was taken off that calendar next day. During the first 130 days of the session, Senate rules require a bill to stay on the calendar for two days before being brought up for debate.

On Tuesday, the bill was back on the calendar along with another controversial measure, Senate Bill 185 by state Sen. Charles Perry, R-Lubbock. That proposal seeks to give local law enforcement expanded immigration enforcement powers.

SB 185 has been on and off the intent calendar several times since passing out of committee on April 13, a sign that the measure didn’t have support from 19 senators — the threshold needed to bring it up for a debate. The upper chamber’s 11 Democrats have stood united in their opposition to both measures, and at least two Republicans are firm against it.

See here for the background. The two Republican Senators that are helping hold these bills back are Sens. Kevin Eltife, who is not a surprise, and Craig Estes, who is. Without their resistance, these bills would have already passed the Senate thanks to the two thirds rule change. We appreciate the support, fellas. Hold fast, there’s not much farther to go. Stace, Texas Leftist, and the Chron’s Bobby Cervantes have more.

Senate moves forward on sanctuary cities and DREAM Act repeal bills

One.

Senate Bill 185 by state Sen. Charles Perry, R-Lubbock, also called the “sanctuary cities” bill, would cut off state funding for local governments or governmental entities that adopt policies forbidding peace officers from inquiring about the immigration status of people they detain or arrest.

The bill passed the Veteran Affairs and Military Installations Committee on a 4-3 party-line vote and now heads to the full Senate. When that chamber considered similar legislation in 2011, Democrats argued that the bill could lead to racial profiling by rogue police officers and hurt the state’s economy. The measure failed to pass during the regular and special sessions of the 82nd Legislature.

Republicans have revived their arguments that the measure is a simple way for police officers to determine who is in Texas in violation of federal immigration laws. Perry’s bill was tweaked in committee on Monday and does not apply to commissioned peace officers hired by school districts or open enrollment charter schools. Victims or witnesses to crimes are also exempted from the proposal.

And two.

The Veteran Affairs and Military Installations Committee took a speedy 4-3 vote on Wednesday, two days after 11 hours of emotional testimony on the contentious measure.

The legislation, Senate Bill 1819 by state Sen. Donna Campbell, R-New Braunfels, repeals a 2001 provision — signed into law by then-Gov. Rick Perry — that allows some undocumented immigrants to pay in-state tuition rates at public colleges and universities. Of the 176 people who testified on Monday night, only five were in favor of Campbell’s bill.

[…]

It’s unknown when the full Senate could take up the measure, but supporters of the current policy aren’t waiting. On Monday, former Republican state Rep. Carl Isett, a co-author of the 2001 bill, will join the Texas Association of Business’s Bill Hammond and Juan Hernandez, a former aide to Republican U.S. Sen. John McCain, at a news conference where they will reiterate their support for the in-state policy.

That’s your Senate, folks. I expect both bills will pass when they come to the floor. The Senate hasn’t gotten much done so far this session, and what little they have gotten done has mostly been ideological pieces, some of which (likely including these bills) may not get anywhere in the House. Would Greg Abbott call a special session to force the issue on these things if time is a factor in their demise? Maybe, but if so he isn’t talking about it – truthfully, he isn’t saying much about anything, which may be just as well. Anyway, that’s where we stand right now.

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.

Sanctuary cities bill clears first Senate committee

As expected.

Senate Bill 185 by state Sen. Charles Perry, R-Lubbock, would cut off state funding for local governments or governmental entities that adopt policies that forbid peace officers from inquiring into the immigration status of a person detained or arrested.

Some Texas cities have taken the position that such enforcement is the federal government’s job, not theirs — which Perry patently disagrees with. “Rule of law is important and we must ensure that local governments do not pick and choose the laws that they choose to enforce,” Perry told the subcommittee.

The bill now goes to the full Senate Committee on Veterans Affairs and Military Installations, where it’ll likely be passed and sent to the full chamber. The debate in the full Senate promises to be a repeat of the emotion-fueled scene of 2011, the last time the controversial legislation was considered. That year Democrats argued the bill would lead to racial profiling, costly litigation and make witnesses to crimes reluctant to cooperate with law enforcement.

[…]

The bill was voted on Monday on a party-line split, with state Sens. Bob Hall, R-Edgewood, and Brian Birdwell, R-Granbury, voting for it. State Sen. Eddie Lucio, Jr., D-Brownsville, voted against. Monday’s adopted version was tweaked from the original bill; it now does not apply to commissioned peace officers hired by school districts or open enrollment charter schools, and exempts victims or witnesses to crimes.

It gives entities found out of compliance 90 days to change policies after they are informed they are in violation.

During the debate, Lucio asked Perry why a handful of amendments that would have made the bill more palatable to him weren’t adopted, including one that would have exempted faith-based volunteers who do humanitarian work within the immigrant community from being questioned if they were detained.

“I walked out of here pretty happy,” Lucio said, referring to last month’s hearing when the original bill was heard and he was told his amendments would be considered. “I would have co-authorized your legislation.”

Perry said that after discussions with legal experts, including staffers in the office of Lt. Gov. Dan Patrick, he decided to go another way. Republicans argue the bill is a simple measure that allows local police to ferret out undocumented immigrants who are in the country to do others harm.

See here and here for some background. This bill will very likely pass the Senate, on party lines, but it may or may not make it through the House, partly because time is short and partly because there’s less appetite for it there. I know it’s been six years since Tom Craddick was deposed as Speaker, but I still find it hard to believe sometimes that the House is now the more mature and deliberate chamber. Relatively speaking, anyway. It’s scary to think we could have had Speaker Craddick in addition to Dan Patrick running amok in the Senate. Things really can always get worse.

That wasn’t the only bill heard yesterday.

Heartless, draconian and economically irresponsible. That’s what opponents of Senate Bill 1819 Monday called the effort by state Sen. Donna Campbell, R-New Braunfels, to stop allowing certain undocumented students to pay in-state tuition at Texas colleges and universities.

The bill was laid out in a Senate subcommittee on border security during a marathon hearing. As of Monday afternoon, about 160 witnesses had signed up to testify before the committee, including dozens of students who donned caps and gowns amid a standing-room only crowd. As of Monday evening, the vast majority of witnesses urged the committee to vote against the measure.

It marked the beginning of the first true attempt in years to repeal 2001’s HB 1403, by former state Rep. Nick Noriega, D-Houston. Since then, minor attempts to repeal the tuition law have generally faltered without fanfare or attention, usually as amendments that failed to pass.

Current law — approved with near unanimous legislative consent 14 years ago — allows undocumented students who have lived in Texas for at least three years and pledge to apply for legal status as soon as they can under federal law to pay in-state tuition rates.

Campbell’s bill would end that, and allow universities to establish a policy to “verify to the satisfaction of the institution” that a student is a legal resident or citizen

Campbell was as mendacious and ill-informed during the hearing as you’d expect. As of this writing, we don’t know if the bill was voted on in committee or not, but the same thinking applies to it as to the sanctuary cities bill. If time runs out on them, it will be interesting to see if Greg Abbott forces the issue with a special session. RG Ratcliffe, recalling one of the few worthwhile things Rick Perry said during his otherwise disastrous 2012 Presidential campaign, and the Observer have more.

Call to action: DREAM Act repeal hearing set for Monday

You know the drill.

The push to repeal a 2001 law that allows some undocumented students to pay in-state tuition at public colleges and universities is returning to the legislative spotlight, but on an unusual stage.

On Monday, the border security subcommittee of the Senate’s Veteran Affairs and Military Installations Committee is scheduled to hear Senate Bill 1819, by state Sen. Donna Campbell, R-New Braunfels, which would do away with the in-state tuition provision.

Lt. Gov. Dan Patrick’s decision to send the bill to the border security panel — instead of the education or state affairs committees — strikes some lawmakers as a signal that the deck is being stacked in its favor.

State Sen. José Rodríguez, D-El Paso, said treating tuition rates as a question of border security was also an affront to undocumented students pursuing college degrees.

“Referring in-state tuition repeal to border security is implying these students are threats to the country, when in fact they are trying to contribute to the country,” he said. “It is a disservice for this bill to be heard in border security.”

Monday’s hearing was scheduled on Wednesday, a week after a similar bill, SB 1429 by state Sen. Bob Hall, R-Edgewood, was referred to the Senate’s State Affairs Committee. But as of Thursday, Hall’s bill hadn’t been scheduled for a hearing. (Patrick’s office declined to shed light on why Campbell’s bill was referred to the subcommittee and immediately considered.)

But while the measure is likely to easily pass the Senate, it may meet more resistance in the House.

[…]

When the session began in January, state Rep. John Zerwas, R-Richmond, said he supports the current policy despite the political firestorm it’s caused. On Wednesday, Zerwas, chairman of the House Higher Education Committee, said debating the policy is healthy, but he still stands behind it.

If SB 1819 passes the Senate, Zerwas said it likely won’t be referred to his committee but instead the House Committee on State Affairs. The chairman of that committee, state Rep. Byron Cook, R-Corsicana, said his support for the current policy is double-tiered.

“Number one, Texas made a commitment to these students, and as Texans we should honor our word,” he said. “Additionally, it would seem to me that having educated young people is much more productive for the economy of the state.”

Good for you, Reps. Zerwas and Cook. As for Donna Campbell, she’s doing her best to become Debbie Riddle 2.0. Details for Monday’s hearing are here; it was originally scheduled for last Monday but was postponed for a week. If it’s at all possible for you to be there and voice your opposition, please do so.

Let Indiana be our guide

Chron business columnist Chris Tomlinson has a warning for us.

PetitionsInvalid

Watching Indiana Gov. Mike Pence call for a revision to a week-old religious freedom law this morning should be required viewing for every Houston politician and business person.

After refusing to denounce discrimination against lesbian, gay, bisexual and transgender individuals for days out of fear of alienating his political base, Pence did what all politicians who see their careers slipping away do. He flip-flopped, called it a clarification and denied there was a problem.

Why did this conservative Republican suddenly speak out against LGBT discrimination? Because American consumers and businesses made it clear that they would not accept bigotry in any form, even when disguised as religiosity. Corporations announced they would not subject their LGBT employees to the chance they may face legally-sanctioned discrimination. Angie’s List announced it would not expand in Indiana and numerous other groups began canceling conventions in the state.

What happened to Pence could happen to Houston and Texas.

[…]

Can you imagine what would happen if the small number of Houston voters who actually show up to the polls approved a repeal of the law? Houston would be labeled a city of bigots and the firestorm over Indiana would look like a campfire.

I know business people don’t like to think about social issues, most are concentrating on running the best business they can. But the business community needs to pay attention to what’s happening to Houston’s civil rights ordinance in court and what could happen at the ballot box. If the repeal passes, those new hotels and the updated convention center may have a hard time finding customers.

We should know soon whether or not there were enough valid signatures after the recount. In the meantime, as Tomlinson noted, there are bills in the Legislature that would do to Texas what Mike Pence did to Indiana; Arkansas was also going down that path before their Governor had a dose of sanity. Maybe all that WalMart lobbying against it made a difference. In any event, you might think that organized opposition from the business community here might help sway some opposition, but 1) the type of person that supports this kind of law doesn’t believe any of the bad things that everyone tells them will happen will actually happen, even with the evidence of it happening now, and 2) I don’t believe the business community will follow up by actually opposing any of the supporters of those bills in the next election.

To be fair, the business community is talking a good game.

“This thing is equally bad or worse than Indiana, and look what’s happening there,” said Bill Hammond, head of the powerful lobbying group the Texas Association of Business. Organizations as disparate as NASCAR, Walmart and Apple have blasted Indiana and Arkansas for their laws, already prompting the governors of both states to backpeddle on their support.

Sen. Donna Campbell, R-New Braunfels, one of at least three lawmakers proposing so-called religious freedom legislation this session, said she will narrow her bill in the face of a slew of similar concerns.

Campbell’s Senate Joint Resolution 10 seeks to enshrine the 15-year-old Texas law in the state Constitution, but without the key civil rights and local control protections. Her original proposal also removed the word “substantially,” which critics said would have allowed anyone who thinks the government is infringing upon his free expression, however slightly, to sue the state.

On Wednesday, however, Campbell’s staff confirmed she will re-insert the word “substantially.” Rep. Matt Krause, R-Fort Worth, who has proposed an identical bill in the House, said he is not opposed to amending his legislation the same way.

“That’s an improvement,” Hammond said. “But we have a long list of concerns with the legislation and the issue of ‘substantial burden’ is just one of them.”

Hammond cited the civil rights protections and local control issue, saying not exempting cities and municipalities could put local nondiscrimination ordinances like those in San Antonio and Houston on the chopping block. Enshrining the law in the Texas Constitution would make it much harder to amend or repeal if problems arise, he said. He also noted Campbell’s bill does not include a $10,000 cap on damages included in the existing law, potentially opening the state to unlimited litigation costs.

The impact on the Texas’ economy could be substantial, Hammond and other opponents said. Houston and other cities could lose the opportunity to host valuable sporting events and companies planning to expand their Lone Star State footprint could pull out – like Angie’s List did with its now-canceled expansion in Indianapolis.

“The motivation is to permit discrimination on the basis of religious belief,” said Rebecca Robertson, legislative and policy director for the American Civil Liberties Union of Texas. “That’s not the brand we want to be associated with.”

The opposition was heavy enough to lead Jason Villalba, R-Dallas, to drop his religious freedom proposal in early March, after which Krause picked it up. Krause said he would be amenable to tweaking his bill, but he chalked up business opposition to opponents simply not understanding the legislation.

“I think it’s a bunch of overreaction, and not understanding what the law really does or what it means,” Krause said.

Oh, I think we all understand it just fine, but thanks for demonstrating my point. Like I said, people like Bill Hammond talk a good game but they are notoriously short on action. A credible threat of primary opposition might open some eyes. If one is not inclined to do the right thing, one needs to fear the consequences of doing the wrong thing. I don’t think enough legislators do.

One anti-gay bill pulled

One down, too many to count to go.

RedEquality

A House Republican will no longer seek to amend the Texas Constitution to prohibit state and local governments from “in any way” restricting the free exercise of religion, leaving several conservative legislators hustling Tuesday to file an alternate bill.

Rep. Jason Villalba, R-Dallas, said opposition from the Texas Association of Business cemented his growing discomfort with legislation he had filed in December, House Joint Resolution 55, that has also been criticized for potentially undermining nondiscrimination ordinances adopted by cities, including Austin, to protect gays and lesbians.

“When the Texas Association of Business let us know that in their opinion it would harm businesses, that’s when I just couldn’t continue in its support,” Villalba said Tuesday. “So I will not ask for a hearing. … and I will not be moving forward on that legislation.”

Rep. Matt Krause, R-Fort Worth, said discussions are underway to determine if similar legislation can be submitted by Friday’s bill-filing deadline.

“I definitely feel there’s interest there. Who that is going to be, I couldn’t tell you at this point,” said Krause, who helped Villalba draft the proposed amendment. “But we’re three days away from the deadline, and that makes it a little harder to start those conversations again.”

A similar bill by state Sen. Donna Campbell, R-New Braunfels, would bar government from infringing on Texans’ “sincerely held religious beliefs.” A public hearing, the first step in the legislative process, has not yet been set on Campbell’s Senate Joint Resolution 10.

See here, here, and here for the background. Kudos to Rep. Villalba, usually not one of the nutcases, for coming to his senses, though really one should not expect much praise for backing away from a destructive idea. More kudos go to TAB for having a positive effect on the Republicans they claim to have influence over for once. The job isn’t over until the deadline for bills to pass on first reading, and there is still time for another bill like HR55 to be filed, so let’s don’t get complacent. In the meantime, there’s still the larger issue of groups like TAB enabling legislators who go on to file the kind of bills they then have to spend time and effort fighting. Sadly, Donna Campbell won’t be on the ballot again until 2018, but there will be plenty of House members who could use a good primarying. If you really do care about this, TAB, put your money where your mouth is next March. RG Ratcliffe has more.

Discrimination is bad for business

Good for TAB.

RedEquality

The Texas Association of Business has come out against two religious freedom resolutions that critics say would enshrine a “license to discriminate” against LGBT people in the Texas Constitution.

TAB, which is the state’s powerful chamber of commerce, unanimously adopted a resolution last month opposing House Joint Resolution 55 and Senate Joint Resolution 10, by Rep. Jason Villalba (R-Dallas) and Sen. Donna Campbell (R-New Braunfels), respectively.

Chris Wallace, president of TAB, said more than 100 members of the board voted to add opposition to the resolutions to the group’s legislative agenda at a statewide meeting Feb. 17.

“We feel that this will certainly make our state look very much unwelcoming when it comes to business recruitment,” Wallace said of the resolutions. “We also have several businesses within the state, our large corporations for instance, that have diversity policies already in place, and what we’re hearing from them is they want their state to look the same way.”

Wallace pointed to the example of Toyota, which is moving its U.S. headquarters to Plano and worked with the city to pass an Equal Rights Ordinance protecting LGBT people against discrimination. He also cited damage to Arizona’s business reputation when similar legislation passed last year before it was vetoed by Gov. Jan Brewer.

In addition to LGBT issues, the chamber is concerned the resolutions would allow people to claim religious exemptions to criminal, tax, health and safety, environmental quality and zoning laws. Wallace said the resolutions would also lead to a spike in litigation, costing businesses and taxpayers.

In opposing the ordinances, TAB joins progressive groups, including Equality Texas, the ACLU and the Texas Freedom Network.

“We are a very conservative business association as the state chamber, and it’s not our typical partners we have at the table with us,” Wallace said. “But we’re proud we have these partners at the table with us because we’re all working together to make sure we keep Texas open for business, and that we are seen as a place that welcomes all people and not one that excludes any groups of people.”

See here and here for some background. I pound on TAB pretty regularly around here. Often it’s because they support things I oppose, and vice versa. And often it’s because they support Republicans who then oppose the things they (and I) support. Their to-the-end patronage of immigrant hater Leo Berman remains an indelible stain on the organization. But every once in a while, they do the right thing for a good reason, and for that they should be commended. This is one of those times. Whether this will have any sway over their favored Republicans in the Lege, and whether there will be any consequences for TAB-approved candidates that cross them on this, remains to be seen. For now, kudos to them for being on the right side.

Wake me up in June

As we prepare for the 84th Legislative session to begin, let’s pause for a moment and see what we can expect.

Greg Abbott wants to make the world safe for plastic bags.

Dan Patrick wants to cut his property taxes, and ensure that Texas never has enough money to meet its needs.

Donna Campbell wants taxpayers to subsidize private schools.

Ken Paxton is going to go to the office, sue the federal government, and go home. At least until he gets indicted for being an ethical morass. In the meantime, Dan Patrick wants to put Paxton in charge of the Public Integrity Unit. What could possibly go wrong with that?

The Senate is a cesspool.

So yeah, this session is gonna suck. It’s just a question of how much, and how permanent the damage is.

Working for progress on LGBT issues

I’m always a little wary when I see a phrase like “chipping away” in a story about LGBT issues, but in this case it refers to obstacles, not hard-won victories, so it’s OK.

RedEquality

The rights and interests of homosexual Texans will be in the spotlight like never before next year, as the state’s same-sex marriage ban gets a long-awaited hearing in federal court and lawmakers take up a slate of bills that address everything from employment and insurance discrimination to local equal rights ordinances.

“In Texas, it’s very difficult with the makeup of the Legislature to pass anything,” said Rep. Garnet Coleman, D-Houston. “But it’s called chipping away – keep bringing the issue – until one day it passes.”

[…]

Daniel Williams, of Equality Texas, said he believes there is a “realistic opportunity” to pass legislation allowing both same-sex partners to be listed on birth certificates, and to remove a provision in state law that criminalizes sexual relationships between some same-sex teenagers.

Other bills have been filed to prohibit discrimination based on sexual orientation and gender identity in public school sex education classes, and for insurance companies and state contractors. Two bills, by [Sen. Jose] Rodriguez and his El Paso colleague Joe Moody, are seeking to remove from state law books an unconstitutional, unenforceable statute that criminalizes sodomy.

Williams also is interested to see whether Gov.-elect Greg Abbott will break with his predecessor by pushing state compliance with federal mandates to reduce the prison rape rate – which disproportionately impacts gay and transgender inmates – and whether more municipalities follow San Antonio, Houston and Plano’s lead in passing non-discrimination ordinances.

Don’t forget about Plano, too. There’s a reason all those hateful pastors are freaking out about this – they know they’re losing. Bills have been filed by Rep. Coleman and others to repeal Texas’ ban on same-sex marriage and to fix the birth certificate problem as noted, and there’s a broader organization being formed to help press the case in Austin. That’s all good and necessary and I have some hope as well, but I suspect that once all is said and done simply not losing ground will be seen as a win with this Legislature.

As for Sen. Donna Campbell’s effort to supersede local efforts by filing a resolution that would block any local rule or state law that infringes on “an individual’s or religious organization’s … sincerely held religious belief,” advocates think the business community will come out against it as they did against similar legislation in Arizona.

“Yes, you can talk about taking power away from those local leaders, but there’s going to be a lot of pushback from the local elected officials and their constituents,” said Jeff Davis, chairman of the Texas chapter of the Log Cabin Republicans, a national group made up of gay members of the GOP and their allies. He said Campbell’s resolution likely would generate “a lot of talk,” but he believes the effort “isn’t going to move completely forward.”

Meanwhile, religious leaders waging a legal battle against Houston’s non-discrimination ordinance are banking on the increasingly-conservative Legislature to support their efforts. While they await a 2015 court date to determine whether enough signatures were gathered to force a local referendum on the Houston ordinance, they have turned their eyes to Plano, which passed a similar ordinance earlier this month.

“These ordinances are solutions looking for a problem,” said David Welch, director of the Houston-based Texas Pastors Council, which filed a petition against the Plano ordinance this week. “It is a special interest group representing a tiny fraction of the population using the power of law to impose their lifestyle and punish those that disagree with them.”

He said the council will continue to work with lawmakers on legislation that could undo these ordinances at the state level, as well as reaffirm current law that enshrines marriage as between one man and one woman.

It would be nice if the business lobby puts some pressure on to kill not just Campbell’s bill but all of the pro-discrimination bills that Campbell and others are filing, but don’t expect me to have any faith in their efforts. At least as far as constitutional amendments go, there are enough Democrats to keep them off the ballot, barring any shenanigans or betrayals. It would be nice to think that Republicans can play a key role in preserving existing protections, if not expanding them, but there’s no evidence to support that idea at this time with this Legislature. We need to win more elections, that’s all there is to it. Let’s make it through this session unscathed and get started working on that part of it ASAP. BOR has more.

Villalba gets defensive about his pro-discrimination bill

I don’t know if Rep. Jason Villalba is willfully dense or just confused, but either way this is a big pile of BS.

RedEquality

State Rep. Jason Villalba (R-Dallas) remains adamant that a proposed constitutional amendment he filed earlier this month isn’t intended to undermine local ordinances prohibiting anti-LGBT discrimination.

But Villalba also continues to tout the fact that he received input in drafting the amendment from a lawmaker known for his anti-LGBT views and from the Liberty Institute, which is actively fighting a nondiscrimination ordinance in Plano.

Villalba has characterized his HJR 55 as a tamer version of SJR 10, a similar religious freedom amendment introduced in the Senate by Donna Campbell (R-New Braunfels).

And Villalba has objected to a “license to discriminate” label that was attached to his amendment in an Observer headline and in a fundraising appeal from Progress Texas, denying accusations that the measure is designed to undermine local nondiscrimination ordinances by allowing business owners to claim religious exemptions.

“Not true at all,” Villalba told Breitbart Texas for an article published Sunday. “That was not our intention at all. … I’m not trying to pander to the right, or to offend the LGBT community or to support discrimination.”

Villalba told Breitbart he supports the authority of local governments to pass LGBT-inclusive nondiscrimination ordinances, and said HJR 55 is instead designed to protect things like nativity scenes on government property.

But LGBT advocates continue to question Villalba’s motives—particularly since he unveiled HJR 55 on Facebook by posting an Empower Texans article slamming the Plano ordinance shortly after it passed. “We must stand athwart those who seek to eliminate every vestige of our religious heritage from the public square,” Villalba wrote. “Tomorrow, we fight back.”

On Monday morning, Villalba took to Facebook again to post the Breitbart article, writing above it: “Many of you have asked about what HJR 55 actually does. In essence, it protects the free exercise of religion in Texas. Here is an article that spells it out nicely. Special thanks to Matthew Krause and Liberty Institute for their help and insight in putting this together.”

Rep. Krause (R-Arlington) received the lowest score of any lawmaker on LGBT issues from Equality Texas following the 2013 session.

In response to a comment below his Facebook post Monday from this reporter, Villalba sent a chat message referencing Campbell’s resolution.

“Perhaps I should drop HJR 55 and let the alternative version pass,” Villalba wrote. “Is that what you would prefer?”

Asked whether he believes Campbell’s resolution, which has been defeated in three consecutive sessions, would pass in 2015, Villalba referenced an expected shift to the right in the Senate next year thanks to November election results.

“Have you not seen what just happened in the Senate?” Villalba wrote. “It [SJR 10] would easily pass.”

Asked whether he strategically introduced HJR 55 as a more moderate alternative to SJR 10, Villalba said: “My goal is to pass the best bill that advances the cause of religious liberty.”

See here for the background. It’s hard to know where to begin with all this. If there’s one thing I’ve learned in recent years, it’s that when someone who isn’t me says that something will affect them negatively, it’s best for me to at least hear and try to understand their reasons why they say that thing will harm them before I try to explain to them why they’re wrong to feel that way. Perhaps such an approach might benefit Rep. Villalba as well. As for his insistence that his HJR 55 is but a heroic attempt to head off the much worse SJR 10, it might be worthwhile for someone to explain to Rep. Villalba that if he were to vote against SJR 10, the odds are very good that it would not be able to pass out of the House, what with Democrats being in near-unanimous opposition plus the expected No from Rep. Sarah Davis. But really, a little more listening to the people who would be harmed and a little less listening to the people who would harm them would go a long way.

Republicans will push pro-discrimination bills

I have three things to say about this.

RedEquality

Two days after the Plano City Council approved an ordinance prohibiting discrimination against LGBT people, a Texas legislator filed a proposed constitutional amendment that would limit the ability of cities to enforce such laws.

On Wednesday, Rep. Jason Villalba (R-Dallas) filed House Joint Resolution 55, which is similar but not identical to Senate Joint Resolution 10, filed last month by Sen. Donna Campbell (R-New Braunfels).

Rep. Jeff Leach (R-Plano), one of several lawmakers who sent a letter to the Plano City Council opposing the nondiscrimination ordinance, also announced on Twitter Tuesday that he’s drafting a bill “to protect Texas business owners from unconstitutional infringements on their religious liberty.” As of Thursday morning, Leach’s bill hadn’t been filed, and he didn’t return a phone call seeking comment.

Nevertheless, a month before the session begins, the flurry of legislation suggests that, thanks in part to the legalization of same-sex marriage across much of the nation, conservatives will challenge gays rights in the name of religious freedom in the 84th Texas Legislature.

The resolutions from Campbell and Villalba would amend the Texas Constitution to state that government “may not burden” someone’s “sincerely held religious belief” unless there is a “compelling governmental interest” and it is the “least restrictive means of furthering that interest.”

Experts say such an amendment would effectively prevent cities that have passed LGBT-inclusive nondiscrimination ordinances from enforcing them. In addition to Plano, those cities include Austin, Dallas, Fort Worth, Houston and San Antonio.

That’s because business owners could claim exemptions from the ordinances if they have sincerely held religious beliefs—such as opposition to same-sex marriage—making it legal for them to fire employees for being gay or refuse service to LGBT customers.

“It blows a hole in your nondiscrimination protections if people can ignore them for religious reasons,” said Jenny Pizer, senior counsel at the LGBT civil rights group Lambda Legal.

But Pizer and others said an even bigger problem could be the amendments’ unintended consequences.

Daniel Williams, legislative specialist for Equality Texas, said in addition to the First Amendment, the state already has a statute that provides strong protections for religious freedom—known as the Religious Freedom Restoration Act, or RFRA. But Williams said the proposed constitutional amendments would supplant RFRA and go further, overriding exceptions in the statute for things like zoning regulations and civil rights laws.

[…]

Williams noted that similar resolutions from Campbell have failed in previous sessions. Amending the state Constitution requires two-thirds support in both chambers as well as a majority public vote.

“That’s a very high bar, and the Legislature’s a deliberative body,” Williams said.

But Williams said the key to defeating the legislation this go-round will be economic arguments.

“This would have a detrimental affect on businesses that are looking to relocate to Texas,” he said. “Businesses that want to relocate to Texas will think that their LGBT employees and the family members of their LGBT employees are not going to be welcome.”

1. Between equality ordinances, plastic bag bans, payday lender regulations, and anti-fracking measures, the obsession that Republican legislators may have this session with nullifying municipal laws may overtake their obsession with nullifying federal laws. I continue to be perplexed by this obsession.

2. We are all clear that these “freedom to discriminate” bills are, intentionally or not, also about the freedom to discriminate against Jews or blacks or whoever else you don’t like, right? I mean, every time they get pinned down on it, proponents of such bills admit as much. I don’t suppose it has ever occurred to the Donna Campbells of the world that one of these days they themselves could be on the receiving end of such treatment, if someone else’s sincerely held religious beliefs hold that antipathy towards LGBT folks is an abomination before God. I’m just saying.

3. Assuming Speaker Straus maintains the tradition of not voting, the magic number is fifty, as in fifty votes in the House are needed to prevent any of these travesties from making it to your 2015 ballot. There are 52 Democrats in the House, plus one officially LGBT-approved Republican, so there are three votes to spare, assuming no other Republicans can be persuaded to vote against these. We know that there are four current House Dems that voted for the anti-gay marriage amendment of 2005. One of them, Rep. Richard Raymond, has since stated his support for marriage equality. Another, Rep. Ryan Guillen, may be persuadable. The current position of the others, Reps. Joe Pickett and Tracy King, are unknown. Barring any absences or scheduling shenanigans, we can handle three defections without needing to get another R on board. This is the key.

(Yes, eleven votes in the Senate can also stop the madness. Unfortunately, one of those votes belongs to Eddie Lucio. I’d rather take my chances in the House.)

Unfair Park and Hair Balls have more.

Legislation to overturn same sex marriage ban filed

Someone’s gotta do it, and you know it won’t be Republicans.

RedEquality

Kriselda Hinojosa recalls how she unintentionally came out to her father in sixth grade.

“He actually saw me kissing my girlfriend at the time,” Hinojosa said. “So he caught me, but he didn’t get upset. He never yelled at me or anything. He was always very open-minded. I’ve never heard him talk bad about the LGBT community.”

Over the years, the now-32-year-old Hinojosa said, her father’s acceptance has evolved into righteous indignation over the fact that his only daughter doesn’t have equal rights. Two years ago, Hinojosa “eloped” to Las Vegas with her girlfriend for a same-sex commitment ceremony. When she returned to Texas, it hit home for her dad that their certificate means nothing in the eyes of the state.

In 2013, Hinojosa’s father, state Sen. Juan “Chuy” Hinojosa (D-McAllen), authored a bill to legalize civil unions in Texas. And on Father’s Day this year, he penned a heartfelt pro-equality letter to his daughter that was published in newspapers statewide.

On Monday, Sen. Hinojosa took his support a step further, introducing a bill to repeal Texas’ constitutional amendment banning same-sex marriage on the first day of pre-filing for the 2015 legislative session. Hinojosa’s bill, SB 98, is one of several that were set to be filed Monday that—if all were to pass—would have the combined effect of legalizing same-sex marriage in Texas pending a public vote.

“He says he’s proud of me, but I’m more proud of him,” Kriselda Hinojosa said. “He’s taking a risk, also, because he could actually lose supporters, but it doesn’t seem to phase him. He’s doing what he thinks is right.”

Rep. Garnet Coleman (D-Houston) filed a companion to Hinojosa’s bill, HJR 34, aimed at repealing the marriage amendment, which was approved by 76 percent of voters in 2005. To pass, the amendment repeal bills would need a two-thirds majority in both chambers, as well as a simple majority at the ballot box.< Meanwhile, state Rep. Rafael Anchia (D-Dallas) and Sen. Jose Rodriguez (D-El Paso) were set to file legislation Monday that would undo Texas’ statutory bans on same-sex marriage, which passed in 2003. Anchia’s bill is HB 130, and Rodriguez’s measure was piggy-backed on Hinojosa’s SB 98. The statutory changes would have no impact until the constitutional amendment is repealed.

We’ve been down this road before. What I said then largely applies now, and I don’t expect any different outcome. An x-factor in this is the Fifth Circuit, whose actions on the appeal of DeLeon v. Perry could possibly inspire some backlash. If there’s one achievable thing I’d like to see happen on this, it’s for there to be a fully unified Democratic response to these bills. I’d like to see the few remaining holdouts in our caucuses finally get right on this issue.

Actually, there’s a bigger reason why we’ll need to stand together on this.

Texas tea party Sen. Donna Campbell, R-New Braunfels, introduced a measure Monday that could effectively allow businesses to turn away gay customers — or fire LGBT employees — under the guise of religious freedom.

On the first day of pre-filing for the legislative session that begins in January, Campbell introduced Senate Joint Resolution 10. The resolution, which proposes a constitutional amendment “relating to a person’s freedom of religion,” reads as follows:

Government may not burden an individual’s or religious organization’s freedom of religion or right to act or refuse to act in a manner motivated by a sincerely held religious belief unless the government proves that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. For purposes of this subsection, the term “burden” includes indirect burdens such as withholding benefits, assessing penalties, and denying access to facilities or programs.

Campbell introduced a nearly identical measure two years ago, but it died in committee. The 2013 measure was supported by the anti-LGBT group Texas Values and opposed by Equality Texas.

Texas already has a statute, the Religous Freedom Restoration Act (RFRA), that provides strong protections for religious freedom. However, critics say Campbell’s proposal would go much further than the Texas RFRA.

For example, while the RFRA says government “may not substantially burden” an individual’s religious freedom, SJR10 states only that government “may not burden” an individual’s religious freedom. Removing the word “substantially” would significantly alter the scope of the law, as outlined in testimony from former state Rep. Scott Hochberg in 2013. Also, unlike the RFRA, Campbell’s proposal doesn’t include exceptions for enforcement of civil rights laws.

In other words, this would overturn the Houston Equal Rights Ordinance, and a whole lot besides. Because “local control” goes out the window when the locals do something the hegemons don’t like. Be that as it may, no Democrat should consider voting for this. Let the Rs own every piece of the same sex marriage ban as well as this abomination when SCOTUS finally takes up the question, whichever way they go. The people are ready for the unjust marriage ban to be repealed. Let’s give them what they want. LGBTQ Insider has more.

What anti-gay bills?

From Lone Star Q:

RedEquality

Ken Paxton, the odds-on favorite to be Texas’ next attorney general, says he isn’t familiar with recent “license to discriminate” bills in Arizona, Kansas and other states even though he co-authored a similar measure in 2013.

Gay Realtor and LGBT activist Bob McCranie asked Paxton about his position on the anti-gay bills during a meeting of the Women’s Council of Realtors of Collin County on Wednesday.

[…]

It seems strange that Paxton doesn’t know anything about these bills, given that he authored a  similar measure during the 2013 session. In fact, the bill by Paxton and fellow tea party Sen. Donna Campbell, called the Texas Religious Freedom Amendment, went a step further. It  would have enshrined the right to discriminate against gays or any other group based on religious beliefs into the Texas Constitution. The bill was backed by anti-gay groups including the Liberty Institute and Texas Values, but it died amid opposition from groups like Equality Texas and concerns about unintended consequences. Namely, critics questioned whether the amendment would strengthen Westboro Baptist Church’s right to picket funerals or establish abortion as a religious right.

It makes you wonder whether Paxton even considered the ramifications of his own bill, or if he was just blindly marching behind the banner of “religious freedom” to score political points.

LSQ has a transcript and recording of the conversation, so go check it out. The bill in question is SJR4, which thankfully never made it out of committee. The critical bit from the text of the joint resolution is “The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be burdened unless the government proves it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest.” I think we all understand what that means. Well, all of us except Sen. Campbell – seriously, click that Texas Monthly link and get an appreciation of just how dim a bulb she is. In any event, Paxton needs to be pinned down on this. Sam Houston, please pick up this ball and run with it.

Endorsement watch: Pennington

The Chron endorses CM Oliver Pennington for a third term.

CM Oliver Pennington

CM Oliver Pennington

For the past four years, District G has been ably represented by attorney Oliver Pennington. We recommend a vote for Pennington to continue his service at city hall.

Pennington, a retired Fulbright & Jaworski partner and 40-year District G resident, brings decades of invaluable experience in municipal finance, municipal law and environmental law, as well as time spent representing local governments.

These are precisely the skills City Council will require as it faces issues such as city employee pension reform and ongoing issues related to water and drainage infrastructure.

In a third and final term, we would also encourage Pennington to be active in city efforts to manage the traffic congestion brought by the construction of numerous midrise apartment buildings across Inner Loop Houston.

This growth, while welcome, is threatening mobility on inner city thoroughfares, with consequences that extend to school and neighborhood safety as frustrated drivers seek cut-throughs to avoid delays on main routes.

I did not interview CM Pennington this time around, as my schedule was fuller and less accommodating this year. Here’s the interview I did in 2011 with him if you can’t bear the thought of not hearing me speak with him. I think CM Pennington has done a good job, and I’d vote for him if I lived in District G. One thing I appreciate about Pennington, and it’s something I appreciate more each day as we watch the ongoing train wreck in Congress and the already-nauseating Republican statewide primaries here is that he considers it his job to make things work better. He’s not there to tear things down, or obstruct for the sake of obstruction, or otherwise refuse to accept that not everyone sees the world as he does. He’s conservative and he operates as a conservative, but in the service of getting things done and making city government function effectively and efficiently. I wouldn’t want him to be Mayor, but people like him are needed on Council.

Another way to look at it, from my perspective anyway, is this: In any legislative body where people are elected from districts, any district map is going to include places where candidates that would represent my point of view are not going to get elected. The best outcome in those districts, especially in a legislative body where my kind of legislators are in the minority, is for those representatives to be more like Oliver Pennington and less like Ted Cruz. It’s not a matter of conservatism, at least for any definition of “conservatism” that makes sense, but of nihilism and radicalism. That point was driven home the other day as I read this Trib story about Sen. Tommy Williams, whose retirement announcement caught everyone by surprise. Look at who is being mentioned as a possible successor:

Williams was on the conservative end of the spectrum when he came into the Senate, but the spectrum moved with the elections of senators like Brian Birdwell, Kelly Hancock and [Ken] Paxton. He could be replaced by someone whose politics are more like theirs than his. The line is already forming, sort of: Rep. Brandon Creighton, R-Conroe, might give up his bid for agriculture commissioner and run for SD-4 instead; Rep. Steve Toth, R-The Woodlands, is looking; Ben Streusand, a serial Republican candidate who doesn’t hold office, is also considering it.

Tommy Williams is hardly my ideal Senator, but for a guy who represents the district he does, we could do worse. And if the likes of Steve Toth or Ben Streusand get elected, we’ll see just how much worse. Toth has already demonstrated that after his ouster of Rob Eissler. As I said after Sen. Donna Campbell defeated Jeff Wentworth, it’s not about the Senate getting more conservative, it’s about the Senate getting more stupid, and more mean. We’ve seen the effect in Congress. We’re seeing it in the Lege. I for one do not want to see it on City Council.

Chan challenges Campbell in SD25

An awful candidate against an awful incumbent.

Two months after stirring national controversy by condemning homosexuality, Councilwoman Elisa Chan has decided to leave the council to run for the Texas Senate in 2014, challenging District 25 state Sen. Donna Campbell in the March GOP primary.

Chan, 47, is taking on a first-term incumbent from New Braunfels who has strong backing among tea party members and some Republicans. Without attacking Campbell, Chan contends her council service prepares her well for the Legislature, and she hopes to survive the withering criticism generated by her opposition to the city’s new nondiscrimination ordinance.

“I know a lot of people in this community agree with me; so I don’t foresee any problem, but I would never know until I go out there,” Chan said Friday.

“With my qualifications, my experience, my conservative views, what can I do to make the biggest positive impact to the community? I think this is a good opportunity for me,” she said.

Speculation about a Chan candidacy wafted across Central Texas since summer, with some pundits saying she was seeking a graceful exit from her embattled city role. Chan drew national attention in August when the Express-News reported her secretly recorded, anti-gay comments. Yet, the controversy also flushed out Chan supporters who backed her free speech rights and opposition to the ordinance.

[…]

Chan has represented District 9 on the North Side since 2009, winning in repeated landslides. The businesswoman was eligible to run for one more term in District 9 in 2015.

Also running for the GOP nomination in District 25 is San Antonio businessman Mike Novak. Democrat Dan Boone of Canyon Lake, plans to run for his party’s nomination. The final showdown would be in November 2014.

Campbell captured the seat in 2012 after upsetting former Sen. Jeff Wentworth, R-San Antonio, in the 2012 primary. She won the general election with 66 percent of the vote.

See here, here, and here for a bit of background on the non-discrimination ordinance and Chan’s shameful role in it. Campbell is awful, but she did vote for the Lilly Ledbetter Fair Pay bill that Rick Perry vetoed, so there’s that. I have no idea if there’s anything one can say about Chan that would mitigate a bit of her awfulness. I know nothing about Mike Novak, so I don’t know if he might present a somewhat less awful alternative. Sadly, after redistricting this district is sufficiently red that the only paths to less awfulness are Campbell becoming a better person or the GOP primary voters in SD25 accidentally electing a better person. The one positive thing is that San Antonio City Council has a chance to become a better place once Chan officially resigns. It’s not much, but it’ll have to do. BOR has more.

There’s no such thing as a free road

I have an issue with this.

Texas’ boom of toll roads has made the “free” part of freeway mean something different lately.

As toll lanes become the preferred choice for adding capacity to Texas roads, a growing number of state lawmakers and toll critics are looking for assurances that state-built freeways will stay open to everyone. Coming up with a precise set of rules, however, is proving trickier than expected.

“I believe free roads should remain free,” Sen. Donna Campbell, R-New Braunfels, told the Senate Transportation Committee last week.

Campbell is working with Texas Department of Transportation officials to craft a more detailed version of SB 1029, her bill to prohibit existing state roads from conversion to toll lanes. A similar bill by Rep. George Lavender, R-Texarkana, is scheduled for a hearing Tuesday before the House Transportation Committee.

Last week, TxDOT officials expressed concern that Campbell’s bill could have unintended consequences and curtail upcoming toll lane construction.

[…]

Without an outright ban, critics worry TxDOT will take roads away from motorists, said Terri Hall, founder of San Antonio-based Texans Uniting for Reform and Freedom, an anti-tax and anti-toll group. She called efforts to toll U.S. 281 north of the metro area “truly highway robbery.”

TxDOT officials stressed that none of their plans include converting free lanes to tolls. Major projects TxDOT has tackled in the past five years mostly were funded by borrowing, state officials said.

Using the paths already carved by freeways makes sense, toll proponents said, especially in places already suffering from heavy congestion.

“The most effective means of addressing that congestion is to add capacity within those corridors,” said C. Brian Cassidy, a lawyer with Locke Lord LLP in Austin, who focuses on transportation and infrastructure law.

“Tolls are not taxes,” Cassidy said. “Tolls present a choice and, more importantly, they present an option to fund and deliver projects.”

Here’s SB1029. I agree with the argument that roads that were built with public funds and which are currently not tolled should remain toll-free. I also agree that there should be some legal safeguards to ensure that public, toll-free roads are properly maintained and not neglected as as way to enable toll roads, especially toll roads built in part or in whole with private capital, to meet revenue targets. But if we’re going to put restrictions on TxDOT and other road-building agencies, we should at least be honest with ourselves as to why toll roads are all the rage these days. You know where I’m going with this – the gas tax, which hasn’t been raised in 20 years and is unable to provide sufficient revenue for Texas’ transportation needs. To his credit, Sen. Kevin Eltife has touted a gas tax hike and inflation index to help deal with this. I don’t share Sen. Eltife’s obsession with debt, and I strongly oppose a sales tax increase as a way of dealing with TxDOT’s bond load, but at least Eltife recognizes the problem and is willing to talk about solutions. (Sen. John Carona has also supported increasing and indexing the gas tax.) I’m willing to support Sen. Campbell’s effort here, but she needs to be willing to acknowledge that you get what you pay for, roads included.

The war on women continues apace

Honestly, I’m surprised that it’s taken as long as it has for this to happen.

Right there with them

Abortion clinics in Texas may soon face harsh new state requirements that pro-choice advocates say could greatly reduce access to abortion.

Sens Bob Deuell (R-Greenville), Donna Campbell (R-New Braunfels) and Charles Schwertner (R-Georgetown) filed a bill this morning that would require abortion clinics to meet the same conditions as ambulatory surgical centers.

The measure, Senate Bill 537, would force abortion clinics to follow the Texas Administrative Code for surgical centers, a 117 page document outlining everything from laboratory, nursing and anaesthesiologist requirements to radiological and construction procedures. Most of this code has little to do with the services provided by abortion clinics.

Filed by three pro-life doctors, legislation like this has been viewed as an underhanded tactic, which, in other states (like Alabama), has been criticized for threatening to close abortion clinics that don’t have the capacity or funding to meet such strict new requirements.

However, Sen. Deuell contends that the legislation is simply a method of increasing safety and health among Texas women. “Just as a medical doctor,” he said, “it came to me that they’re not under the same standards as any other surgical clinics and that we need to put them under that just for the safety of the patients.”

Deuell was adamant that the bill isn’t a pro-life tactic to close abortion clinics or make abortion less accessible. “It has nothing to do with abortions being done or not done.” He continued, “They’re legal, so they’re being done, and it is a surgical procedure, and it needs to be done in a place that has the same standards as a surgical center. Simple as that.”

He also asserted that the legislation would actually improve women’s health and accessibility to abortion providers. “The pro-choice movement talks about wanting to take abortions out of the back alley so they can be done properly. If you’re not certified as a surgical center, then that gets more toward the back alley and not in mainstream medicine, which is where it needs to be,” Deuell said.

Yes, I’m sure this just now came to Sen. Deuell. Of course, by his own reasoning, if he’s so concerned about women’s health, this should have been the very first bill he ever filed in the Senate. I mean, just think about all those poor women, having to get abortions in clinics that don’t measure up to his standards for cleanliness and safety for all these years. It’s scandalous, really. Of course, anyone who is content to let thousands of people die through his or her inaction or out of political spite really has no standing to claim “concern” for anyone’s health. The term “pro-life” is such a travesty these days, Jonathan Swift would be embarrassed to use it.

Not that any of that matters, I suppose. If this passes the Senate it will easily become law, and I have no reason to believe the courts will block it. As such, there are three people in the state that can prevent this from happening: Senators Eddie Lucio, Carlos Uresti, and Judith Zaffirini. It was their support of the awful sonogram bill that allowed it to clear the two-thirds bar in the Senate and make its way to Rick Perry’s desk. It took all three of them to enable its passage, since Jeff Wentworth stood with the other nine Democrats to hold this off. Depending on whether this abomination comes to the Senate floor before or after the SD06 special election is resolved, we may need two or all three of them to say no, this is going too far. This would be an excellent time to call their offices and make your voice heard, especially if you live in their district. It’s up to them to decide who they want to stand with.

Somewhat ironically, that news story cam out at the same time as this one.

Doctors, hospitals, clinics, health care groups, faith organizations and family planning associations urged lawmakers Wednesday to restore funding cut from women’s health programs for contraceptives and health screening.

At the forefront of their fight are two women who serve on the House Appropriations Committee, Republican Rep. Sarah Davis, of West University Place, and Democratic Rep. Donna Howard, of Austin. Both appeared at a Capitol news conference hosted by the Texas Women’s Healthcare Coalition.

Howard cited state estimates that thousands more unplanned births to low-income women as a result of family planning cuts will cost Texas millions more in Medicaid payments.

The state has projected 6,480 more Medicaid births at a cost of $33 million in the current fiscal year due to the reduction in family planning expenses. In the next two-year budget period, an extra 24,000 births are anticipated at a cost of $103 million.

Davis, a breast cancer survivor who is on an Appropriations subcommittee overseeing health and human services, said, “It’s really no longer the time to be playing politics with women’s health.”

In the Statesman, Rep. Davis is quoted saying that some of her Republican colleagues who voted for the cuts “didn’t realize they would hurt other kinds of clinics”, which is a polite way of saying that they’re deeply ignorant. They were told at the time exactly what would happen, they just chose not to believe it. It’s nice to hear that they may be slightly less willfully dumb this time around, but their concern for women’s health remains at best highly selective.

Wolverines!

This would be funny if it weren’t so pathetic.

While advocates of Texas secession may have stalled with their online petition efforts, state lawmakers have filed numerous bills objecting to major White House initiatives and suggesting the state doesn’t have to abide them.

Newly elected Sen. Donna Campbell, R-San Antonio, has filed a constitutional amendment that bars state agencies from enforcing penalties incurred by not purchasing health insurance, as mandated by the federal Affordable Care Act. Similar legislation by Rep. Jonathan Stickland, R-Bedford, would give a state tax break to businesses that face federal penalties for failing to cover contraception in their health plans, as required by the federal law. And numerous legislators have filed legislation prohibiting enforcement of any new federal regulations that might be imposed on gun ownership.

All told, the legislation indicates that a major theme of the overwhelmingly Republican Texas Legislature will be signaling its disapproval of the Obama administration.

“I am very concerned about the federal government’s rapid expansion and attempts to impose its will on the states,” Lt. Gov. David Dewhurst said in a statement supporting Campbell’s constitutional amendment. “Here in Texas we will never concede our freedom to Washington.”

But to South Texas College of Law constitutional law professor Charles Rhodes, the anti-federal-government proposals amount to “political grandstanding.”

“It is eminently clear that, under the Supremacy Clause that was part of our Constitution when the states ratified it, that the federal government is supreme,” he said. “It’s been our constitutional basis for 200 years.”

For people who claim to revere the Constitution, they sure are ignorant of it. All they’re doing is creating future lawsuits for Greg Abbott to lose. Of course, given all the other things they could be doing this session, that’s about as productive a use of their time I can think of. Keep up the good work, y’all.

30 Day campaign finance reports, selected legislative races

Here’s a sampling of 30 day finance reports from state legislative campaigns. I used the Back to Blue list as a starting point and added a few races of interest to me from there.

Dist Candidate Raised Spent Loan Cash ========================================================== SD10 Davis 843,878 346,466 0 1,537,783 SD10 Shelton 606,586 153,204 0 566,825 SD25 Courage 27,603 14,791 0 14,546 SD25 Campbell 566,920 592,332 90,000 7,407 HD12 Stem 29,228 23,325 0 24,566 HD12 Kacal 58,460 33,438 0 30,196 HD23 Eiland 134,051 80,923 0 101,419 HD23 Faircloth 92,890 46,816 30,000 43,089 HD26 Nguyen 12,051 22,808 0 10,840 HD26 Miller 45,765 27,995 1,000 9,496 HD34 Herrero 69,722 49,667 0 25,655 HD34 Scott 125,430 68,349 0 255,629 HD43 Toureilles 46,170 23,973 0 11,585 HD43 Lozano 260,590 185,421 0 89,770 HD45 Adams 48,020 25,800 36,000 32,241 HD45 Isaac 128,502 44,595 140,250 69,918 HD78 Moody 73,754 48,371 0 21,858 HD78 Margo 306,071 82,170 0 202,898 HD85 Olivo 9,738 3,490 2,150 10,143 HD85 Stephenson 34,696 16,146 0 21,677 HD102 Hancock 27,245 4,924 0 7,380 HD102 Carter 112,821 109,543 0 66,776 HD105 Robbins 24,687 36,999 1,505 30,583 HD105 H-Brown 123,449 68,244 52,615 87,997 HD107 Miklos 74,020 56,401 0 24,707 HD107 Sheets 280,354 96,777 0 146,778 HD114 Kent 121,236 89,824 0 132,748 HD114 Villalba 172,885 147,326 0 42,612 HD117 Cortez 48,015 44,610 1,844 18,620 HD117 Garza 52,559 72,669 0 62,371 HD118 Farias 51,015 34,925 0 25,482 HD118 Casias 23,730 21,714 0 852 HD134 Johnson 217,346 103,699 0 263,301 HD134 Davis 332,120 99,582 0 232,383 HD136 Stillwell 61,060 20,842 2,000 8,632 HD136 Dale 112,273 22,798 35,000 82,853 HD137 Wu 58,221 55,152 50,000 32,263 HD137 Khan 55,351 40,877 10,000 23,894 HD144 Perez 104,939 30,082 0 107,729 HD144 Pineda 77,357 49,460 0 33,428 HD149 Vo 38,665 27,632 45,119 48,768 HD149 Williams 134,990 56,342 1,500 74,222

Here’s a sampling of July reports for comparison. A few thoughts:

– I don’t think I’ve ever seen a greater disparity in amount raised and cash on hand as we see here with Donna Campbell. Campbell, of course, had a runoff to win on July 31, which covers the first month of this filing period, and a cursory perusal of her detailed report shows the vast majority of the action was in July, as you’d expect. I’d still have thought she’d collect more cash after the runoff, since she’s a heavy favorite to win in November. Assuming she does win, we’ll need to check out her January report from 2013.

– Overall, the Republicans have done a very good job of raising money to protect their vulnerable incumbents. The main exception to this is John Garza in HD117, though he still leads his opponent, Phillip Cortez. The difference between Rs and Ds on amount spent is a lot smaller, which may indicate that their strategy is to do a late blitz, or it may mean they’re just sitting on a lot of cash.

– Turncoat Rep. JM Lozano initially filed a report with almost no cash raised and no expenses listed. Apparently, he “forgot” over $250K in contributions. That total includes $100K from Associated Republicans of Texas, almost $68K from Texans for Lawsuit Reform, $25K from Texas Republican Representatives Campaign Fund, $6K from the Texas House Leadership Fund, $15K from Bob Perry, and just for good measure, $2K from Koch Industries. Hey, I’d want to forget about all that, too. Here’s his current corrected report; there may be another to come.

– After a somewhat anemic July report, Rep. Sarah Davis kicked into overdrive for this period. Ann Johnson, who has an ad I’ve seen a few times on the Headline News Network, did a pretty good job keeping pace, and still has a cash on hand advantage. I presume Davis has some ads running as well, since she got a $100K in kind contributions from Texans for Lawsuit Reform for TV advertising, but I have not seen any such ads myself. She also collected $100K total from Associated Republicans of Texas ($65K) and Texas Republican Representatives Campaign Fund ($35K), plus $20K from Bob Perry.

– Mary Ann Perez had the next most impressive haul after Ann Johnson, showing some very strong numbers for that open swing seat. I presume her strategy is the do a late push as well, given the cash she has on hand. And given the money they’ve sloshed around to so many other candidates, I’m surprised David Pineda hasn’t been the beneficiary of a few wads of dough from the usual suspects. We’ll see what his 8 day report looks like.

– If your eyes bugged out at Dianne Williams’ totals in HD149, I assure you that mine did as well. A closer look at her detailed report shows that nearly $115K of her total came from one person, a Mrs. Kathaleen Wall. Another $5K or so was in kind from various Republican PACs. Take all that out and her haul is much less impressive. The money is hers to spend, of course, it’s just not indicative of some broad-based support.

That’s all I’ve got. Anything interesting you’ve seen in the reports?

Interview with John Courage

John Courage

If you’re following the State Senate elections, there’s probably only one you’re paying attention to now that the primaries are over, and that’s Sen. Wendy Davis’ re-election battle in SD10. As important as that race is for many reasons, I think there need to be a few more eyes on the race in SD25 as well, where GOP primary voters tossed out the long-serving moderate Sen. Jeff Wentworth (he may be the last pro-choice Republican office holder left in the state) in favor of the certifiably loony Donna Campbell. Opposing Campbell in a determined effort to keep the Senate from getting any stupider than it needs to be is John Courage. Courage is an Air Force veteran and an educator; unlike his opponent, he has actually lived in the district for many years. He served on the Alamo Community College District Board of Trustees in the 1980s and ran against Lamar Smith in CD21 in 2006. Here’s the interview:

John Courage MP3

You can still find a list of all interviews I did for this primary cycle, plus other related information, on my 2012 Harris County Primary Elections page and my 2012 Texas Primary Elections page, which I now need to update to include fall candidate information. You can also follow this blog by liking its Facebook page.

2012 Republican primary runoffs

All the results are here. In the end, Ted Cruz won a pretty solid victory. I’ll note that in the last two publicly released polls, PPP had Cruz up by 10, whereas Baselice & Associates claimed Dewhurst was up by 5. Oops. The latter poll sampled people who hadn’t actually voted in the May primary, which sure seems like a stretch now. By the way, Baselice & Associates is the pollster that did that first Metro poll. Two completely different universes, and one silly poll result doesn’t cast a shadow on another, it’s just a reminder that polling isn’t destiny.

In the Congressional primaries of interest, Randy Weber in CD14 and Roger Williams in CD25 won easily, while Steve Stockman won a closer race for CD36. Multiple incumbents went down to defeat, most spectacularly Sen. Jeff Wentworth in SD25. Am I the only one who thinks that he might have been better off switching parties? Hard to imagine he could have done worse in November than this. Nutjob John Devine won himself a spot on the Supreme Court, which like the Senate just got appreciably more stupid. I will console myself with the thought that Devine, who is in many ways a huckster, is highly likely to run afoul of the code of judicial conduct at some point. Speaking of party switching, former Democrat Chuck Hopson is now an ex-Representative, as are Sid “Sonogram” Miller and Jim Landtroop. The only legislative incumbent to survive was the other party switcher, JM Lozano, who now faces a tough race in November. The runoff was even hard on former incumbents, as Warren Chisum lost his bid for the Railroad Commission. However, Railroad Commissioner Barry Smitherman did survive, and former SBOE member Geraldine Miller got her spot back.

In other races of interest, Rick Miller won the nomination in HD26, thus likely delaying the de-honkification of the Fort Bend County delegation for at least another two years. By my count, of the eight Parent PAC candidates in the runoff, all but Wentworth and Hopson won, which is a pretty impressive result. Maybe, just maybe, the Lege will be marginally less hostile to public education next year.

Finally, in Harris County, it took awhile for the results to come in, but Louis Guthrie won the right to face Sheriff Adrian Garcia in the fall. That will be one to watch. Did any of these results surprise you? Leave a comment and let me know.

UPDATE: Make that five of eight for Parent PAC. When I went to bed, Trent McKnight was leading in HD68, but by the time I got up this morning he had lost.

Election night returns

For your convenience:

Statewide Democratic results

Looks good for Paul Sadler. Going to be a long night in CDs 23 and 33.

Statewide Republican results

Ted Cruz has a modest early lead. Wackjob John Devine is leading Supreme Court Justice David Medina. Steve Stockman is leading in CD36, and Donna Campbell is crushing Jeff Wentworth. The crazy flag is flying high.

Harris County Democratic results

Looking good for Gene Wu, Alan Rosen, and especially Erica Lee, who has over 70% in the disputed HCDE runoff.

Harris County GOP results

Louis Guthrie will get to oppose Sheriff Adrian Garcia.

I’ll post full results in the morning.

Runoff Day

At long last, the 2012 primary season is about to be over in Texas, other than perhaps the HCDE race. To say the least, it’s been a long, strange trip, one that I hope goes down in the books as a bizarre aberration, never to be repeated or approximated. If you have not voted yet in Harris County, you can find all the information you will need here. PLEASE be aware that only a handful of locations will be open, and they are not guaranteed to have both primaries at them. Check your location before you head out and avoid any needlessly unpleasant surprises.

As far as turnout goes, recent runoff history suggests that most of the votes have already been cast:

Year Mail Mail % Early Early % E-Day E-Day % ======================================================== 2006 D 2,920 21.3% 4,296 31.3% 6,510 47.4% 2006 R 5,432 51.6% 2,019 19.2% 3,077 29.2% 2008 D 4,568 47.4% 3,045 31.5% 2,056 21.3% 2008 R 11,373 28.0% 14,912 36.8% 14,262 35.2% 2010 D 5,885 38.7% 5,122 33.6% 4,218 27.8% 2010 R 12,220 28.4% 14,769 34.3% 16,025 37.3% 2012 D 7,304 11,715 2012 R 17,441 53,043

Final EV turnout numbers for this year are here. As there were no statewide Democratic primary runoffs in 2010, I had forgotten there were Harris County countywide runoffs that year. I have added in those numbers to my earlier post to complete the picture on that. My apologies for the oversight. Anyway, what we learn from this, other than the need for a good absentee ballot program, is that in each primary runoff of the past three cycles more than half the ballots were cast before Runoff Day. In fact, outside of the 2006 Democratic primary runoff, more than 60% of the ballots were cast before Runoff Day. Given that, don’t expect too much to be added to the vigorous early turnout so far. It could happen that the final total will be more than double what it is now for either primary, but history suggests otherwise.

Of course, we’ve never really had anything like the GOP Senate primary and runoff, so if there’s going to be another aberration, that would be where and why. I’m not dumb enough to try to guess who will win that race, but I will say that anyone who had made a prediction based on turnout level ought to be giving the matter more thought. It would also seem that Sarah Palin and Rick Perry are no longer BFFs. High school sure can be rough, can’t it?

The other GOP runoffs of interest to me are in SD25 and HD43. In the former, generally sane if occasionally eccentric Sen. Jeff Wentworth is trying to hang on against the decidedly crazy Donna Campbell, whose election would be another big step in the stupidification of the Senate, as well as a clean sweep for the teabaggers in the legislative primaries. HD43 is where turncoat Dem Rep. JM Lozano is hoping to not be yet another Latino Republican knocked off in a primary by a white guy. Expect some narrative-related punditry on that race no matter who wins.

On the Democratic side, obviously I’m rooting for Paul Sadler to carry the banner in the Senate race in the fall. Like EoW, I don’t know if a Cruz-Sadler matchup will be the definitive test of the myth/hypothesis that moderate Republicans may finally be willing to cross over and support a mainstream Dem over a nutty Republican – I’d argue that Bill White already provided some evidence to that, he just picked the wrong year to do it in – but if you want to start your speculation engines, Burka quoted a “nationally known Republican consultant” who said that “if Ted Cruz wins the Senate race, Texas will be a purple state in four years.” Campose says, why wait?

Why not accelerate things starting Wednesday morning?

A little over a million GOPers will cast votes in the GOP runoff tomorrow. In the 2008 General Election in the Lone Star State, eight million of us cast votes. That’s seven million voters that aren’t participating in the GOP mudfest. A lot of voters across the state have been turned off by the onslaught of negative ads that now have a mom blaming her kid’s suicide on Ted Cruz.

I think if Cruz wins he is damaged goods that Dems can seize upon over the next 99 days.

[…]

If Cruz does pull it off tomorrow we need to immediately paint him and the rest of the GOP ballot as too extreme for the Lone Star State and Harris County. Commentary has said it before that in order for Dems to grow here in Harris County we have to head northwest. Commentary is also partial to my client, State Board of Education, District 6 candidate Traci Jensen. Traci’s GOP opponent Donna Bahorich is State Senator Dan Patrick’s former district director and every bit as scary as Ted Cruz. The showcasing of Traci Jensen, Rep. Sadler, and Sheriff Adrian Garcia against extremist candidates in that part of the county will result in more Dem votes up and down the ballot countywide.

Sometimes unexpected opportunities just show up at your doorstep. If Cruz wins, an opportunity is at our doorstep.

If the Dems in charge just shrug it off and go on about business as usual and cede the state to Cruz, the Tea Baggers, and extremism, then a “shame on you” would be letting them off too lightly.

Well, it sure would be nice if Sadler had 45 million bucks to spend to remind everyone of all the awful things Dewhurst and Cruz have been saying about each other, but I don’t think that’s going to happen. But Campos is right, there’s no time like the present, and there’s no place like our own back yard to get started. What are we waiting for?

Beyond that, there are three Congressional runoffs that are big. It’s been clear for a few years now that the future of the Texas Democratic Party has been in the State House, and depending on how things go we could have as many as three former members of last year’s delegation on the November ballot (Joaquin Castro, who is already the CD20 nominee; Marc Veasey in CD33; Pete Gallego in CD23), with two of them all but guaranteed a win in November. I’d consider that a down payment on future state races. In addition, the woefully under-reported CD34 primary will determine whether or not the husband of a Republican judge will be the Democratic nominee for that newly created Congressional district. I have a hard time believing that, too, but here we are. There are numerous State House races of interest as well, with HD137 being the focal point for me. On the GOP side, seven House runoffs plus the Wentworth race feature Parent PAC candidates, so those are worth keeping an eye on, too. What races are you watching today?

GOP results, statewide

Full, though not necessarily the most up to date, results, are here. The Trib and the Observer have good roundups as well.

– Mitt. Yawn. He was at just under 70% statewide, with Ron Paul getting 11% and Rick Santorum 8%. You have to wonder what might have been if Santorum had held on through May.

– Dewhurst and Cruz in a runoff, with the Dew getting 45% to Cruz’s 33%. I will not be taking bets on the outcome of that one. Tom Leppert had 13% and Craig James – cue the sad trombone – was below 4%. Why did he get in this race again? And did he really think he had crossover appeal? Geez.

(UPDATE: Mike Baselice, Dewhurst’s pollster, says every Republican candidate with over 43 percent going into a statewide runoff during the last 20 years has gone on to win. So Cruz may as well go ahead and concede now, right?)

– Christi Craddick and Warren Chisum will go into overtime for Railroad Commissioner, as will Barry Smitherman against Greg Parker. Supreme Court Justice David Medina got less than 40% in a three-way race and will face the will-he-never-go-away? candidate John Devine.

– All incumbent Congressfolk easily won re-nomination, with Campaign for Primary Accountability targets Ralph Hall (59%) and Joe Barton (63%) not particularly bothered. Kenny Marchant in CD24 was on some people’s watch lists as well, but he got 68% in his race. The two open seats for which the GOP is heavily favored in November were interesting. Roger Williams will duke it out with somebody, most likely Wes Riddle as I write this. Michael Williams was a total dud, finishing with just over 10% and in fifth place. Over in CD36, what in the world happened to Mike Jackson? Steve Stockman (!) and somebody named Steve Takach were neck and neck for the runoff slot. The other open seat, CD14, saw Pearlanders Randy Weber and Felicia Harris make it to the second round.

– The first signs of carnage are in the SBOE races. David Bradley, Barbara Cargill, and thankfully Thomas Ratliff all won, but George Clayton was headed to a third place finish in his four way race – Geraldine Miller, whom Clayton knocked off in a 2010 shocker, was leading the pack – and in a race that sure wasn’t on my radar, SBOE Chair Gail Lowe lost to Sue Melton. Where did that come from? The open SBOE 15 seat to replace Bob Craig was the closest race, with Marty Rowley leading Parent PAC-backed Anette Carlisle by 2000 votes.

– State Sen. Jeff Wentworth will have to keep running in SD25, as he had about 36% of the vote with 75% of precincts in. His opponent in July, in a blow to Texans for Lawsuit Reform, will not be Elizabeth Ames Jones, however, as Donna Campbell took for second place. I hope Wentworth can do better in overtime, because Campbell would make the Senate even dumber than Ames Jones would have. Former State Reps. Kelly Hancock (SD09), Mark Shelton (SD10, opposing Wendy Davis), Larry Taylor (SD11), and Charles Schwertner (SD05) all won the right to get a promotion in November.

– It’s in the State House that the body count begins to pile up. The following incumbents lost their races:

Leo Berman (HD06)
Wayne Christian (HD09)
Rob Eissler (HD15)
Mike Hamilton (HD19)
Marva Beck (HD57)
Barbara Nash (HD93)
Vicki Truitt (HD98)

Hamilton was paired with James White. Eissler was the chair of the Public Education committee. With Scott Hochberg retiring, that’s going to put a lot of pressure on two new people next year. And no, Eissler wasn’t beaten by someone who wanted to make public education better. Eissler didn’t distinguish himself last session in my opinion, but this is not an upgrade.

Incumbents in runoffs:

Turncoat Chuck Hopson (HD11, 47.15% to Travis Clardy’s 46.30%)
Turncoat JM Lozano (HD43, 41.55% to Bill Wilson’s 44.38% but with only 42 of 69 precincts reporting)
Sid Miller (HD59, 42.48% to JD Sheffield’s 41.50%)
Jim Landtroop (HD88, 34.63% in a four way race to Ken King’s 30.08% with two precincts out)

Speaker Joe Straus easily survived his re-election bid and picked up an opponent for Speaker before the first vote was counted.

– The Parent PAC slate had mixed results:

Texas Senate

S.D. 9: Rep. Todd Smith, R-Euless – Lost
S.D. 11: Dave Norman, R-Seabrook – Lost
S.D. 25: Sen. Jeff Wentworth, R-San Antonio – Runoff

Texas House of Representatives

H.D. 2: George Alexander, R-Greenville – Lost
H.D. 3: Cecil Bell, Jr., R-Magnolia – Won
H.D. 5: Mary Lookadoo, R-Mineola – Lost
H.D. 7: Tommy Merritt, R-Longview – Lost
H.D. 9: Chris Paddie, R-Marshall – Won
H.D. 24: Dr. Greg Bonnen, R-Friendswood – Leading, in runoff
H.D. 29: Ed Thompson, R-Pearland – Won
H.D. 57: Trent Ashby, R-Lufkin – Won
H.D. 59: Dr. J.D. Sheffield, R-Gatesville – In runoff
H.D. 68: Trent McKnight, R-Throckmorton – Leading, in runoff
H.D. 74: Poncho Nevárez, D-Eagle Pass – Winning as of last report
H.D. 92: Roger Fisher, R-Bedford – Lost
H.D. 94: Rep. Diane Patrick, R-Arlington – Won
H.D. 96: Mike Leyman, R-Mansfield – Lost
H.D. 97: Susan Todd, R-Fort Worth – Lost
H.D. 106: Amber Fulton, R-The Colony – Lost
H.D. 114: Jason Villalba, R-Dallas – In runoff
H.D. 115: Bennett Ratliff, R-Coppell – In runoff
H.D. 125: Justin Rodriguez, D-San Antonio – Won
H.D. 138: Whet Smith, R-Houston – Lost
H.D. 150: James Wilson, R-Spring – Lost

State Board of Education

SBOE 7: Rita Ashley, R-Beaumont – Lost
SBOE 9: Thomas Ratliff, R-Mount Pleasant – Won
SBOE 15: Anette Carlisle, R-Amarillo – Lost

Unclear to me at this time if this is a net gain, a net loss, or a wash.

– David Bradley won his race, but Williamson County DA John Bradley was trailing as votes slowly trickled in. If that holds, it’s one of the best results of the day.

– Turnout was likely to be around 1.5 million, which will be a bit better for them than 2008 was (1,362,322 votes in the Presidential primary). Clearly, the Senate race drove their turnout. In 2004, they had less than 700,000 votes total.

(UPDATE: Total votes cast in the Presidential race were 1,438,553.)

On to the Democrats…