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Giovanni Capriglione

A look at the Constitutional amendments we will see this November

There are ten of them, including a couple I will vote against as hard as I can.

House Joint Resolution 4 would let the Texas Water Development dole out dollars from a flood infrastructure fund — created by Senate Bill 7, which would spend $1.7 billion from the rainy day fund — to be used for planning, seeking permits for or constructing flood-related projects. SB 7 is awaiting Gov. Greg Abbott’s signature.

If approved by voters, the flood infrastructure fund would be created at the start of next year.

HJR 34 would let the Legislature temporarily lower tax rates on property damaged during a disaster declared by the governor. House Bill 492 would set the initial tax exemption rates, up to a full exemption, according to the extent of the damage.

HJR 38 would ban the creation of a state income tax, doubling down on a constitutional amendment approved by voters in 1993 that requires voters’ permission for the Legislature to create a state income tax.

[…]

HJR 95 creates a tax exemption for precious metals held in the Texas Bullion Depository, which opened in North Austin in June 2018 with its permanent location in Leander expected to open in December.

While that depository made Texas the only state to have a state-operated depository, HJR 95 author Rep. Giovanni Capriglione, R-Southlake, said it is at a competitive disadvantage because it is also the only state allowing local property taxes on precious metals.

HJR 72 intends to ease the pressure put on smaller communities to find municipal judges by allowing one person to be elected to multiple cities’ judgeships. Currently a person can only hold multiple municipal judgeships by being appointed to each one.

Senate Joint Resolution 32 would let police dogs and other law enforcement animals retire in their old age to live with their handler or other caretaker. The state constitution currently prevents law enforcement from transferring valuable property to a private person or organization for free.

The other four are HJR12, HJR151, SJR24, and SJR79, all of which are financial in nature. As you know, I’m going to cast an enthusiastic but almost certainly futile vote against HJ38, the double secret illegal anti-income tax proposition. HJR95 also looks ridiculous to me – the whole Texas Bullion Depository thing is ridiculous, so it comes with the territory, while HJR72 and SJR32 seem reasonable. The rest I’ll figure out later. The ballot wording should be set in August. What do you think about these?

The view to the next session

This legislative session was relatively free of drama (you can decide for yourself how substantive it was in other ways), but the forthcoming election season will be anything but, with control of the Legislature and all that means at stake.

Rep. Dennis Bonnen

When Dennis Bonnen returned to the Texas House to pick up the gavel again after joining Gov. Greg Abbott and Lt. Gov. Dan Patrick at the Governor’s Mansion on Thursday to announce major spending deals for improving public education and curbing property tax increases, legislators — Republicans and Democrats — gave him a standing ovation.

In his first session as House speaker, Bonnen, a Republican from Lake Jackson, has brought a hands-on bipartisanship born of the traditions of the House, where he has spent half his life, to help steer the Legislature past the rancor that marked the 2017 sessions and back to the basics of governance.

“My job is to make sure every member has a great session. We deliver successful results, and every member has something they can proudly talk about so they all get reelected. That keeps a Republican majority,” Bonnen told the American-Statesman in a wide-ranging interview Thursday.

And there, with stunning simplicity, is the steady-handed House speaker’s practical plan for maintaining Republican hegemony in Texas amid the tempest-tossed Donald Trump years that cost the GOP 12 House seats in 2016 and imperil the party’s control of the chamber in 2020.

“It’s called the incumbent protection plan,” observed state Rep. Giovanni Capriglione, a Tarrant County Republican who won his fourth term last fall by nearly 40 points. “At the end of the day, tax cuts, more money for schools, nothing big blew up.”

“But then again, it may be out of our hands,” Capriglione said of 2020, when “we are going for a ride on probably the biggest presidential election ever in history. The number of Republicans and Democrats and general election voters who have never voted before is going to be crazy through the roof.”

“Last November was the first sign of that,” he said, with 8.4 million voters in Texas, approaching a presidential turnout. In 2020, he said, “they’re expecting 11.5 million people,” all the more nervous-making for down-ballot state House candidates with the lost lifeline of straight ticket voting in Texas next year.

[…]

The fate of the Texas House is likely to be driven by forces outside Texas.

“I hate it, but all politics is national,” said Brendan Steinhauser, a Republican political consultant in Austin.

“People in the Capitol really think that this session is going to matter at least somewhat in the November 2020 election, but I really think that might be wishful thinking and is very optimistic about the attention span we all have as voters,” Steinhauser said. “I think the whole election is going to be Donald Trump vs. Bernie Sanders or Joe Biden or Kamala Harris, or whoever it is.”

It was all about Trump two years ago and he wasn’t even on the ballot, Steinhauser said.

The 2018 results were bracing. Abbott won reelection by about 13 percentage points over an ill-prepared and scarcely funded candidate, former Dallas County Sheriff Lupe Valdez. But U.S. Sen. Ted Cruz defeated Democrat Beto O’Rourke by only 2.6 points, Patrick, who had set the pace for ideological warfare in the Capitol, won by a chastening margin of less than 5 points, and Texas Attorney General Ken Paxton won by less than 4 points.

“The results of 2018 suggest that had it not been for straight ticket voting in reliably red rural counties, we’d have a Democratic attorney general and Democratic lieutenant governor,” said state Rep. Rafael Anchia, D-Dallas.

“I think the elections sobered people up to the idea that the state is center right,” and not far right, said state Rep. Poncho Nevárez, D-Eagle Pass, who was named by Bonnen to chair the House Homeland Security and Public Safety Committee.

Democrats are targeting 17 Republican-held seats in which the incumbents won by less than 10 points last year. They must win nine seats to take control of the House.

First, let me say that Dennis Bonnen was more or less what I expected as Speaker. More Straus than Craddick, more business than drama. I will of course be delighted if Dems win enough seats to make him a one-term Speaker, but given some of the other options that arose after Straus’ retirement announcement, we could have done much worse.

As for 2020, we’ve already talked about a lot of this, though there will be plenty more as we proceed. There are lots of targets for Dems in 2020, plus a few seats they will have to hold. I’m overall pretty optimistic about the latter, so it’s all about what gains can be made. We’re already seeing candidates lining up – I can’t find the post right now, but remember how there was fretting in 2017 about too many people running for Congress and not enough for the Lege – and I expect a full slate. I’ve talked about the need for Dems to get to five million votes statewide, but next to Rep. Capriglione, I’m not thinking big enough. Eleven point five million turnout seems mighty high, but then eight point four million last year would have sounded absurd in the extreme at this point in 2017, or even this point in 2018. I think if we’re approaching that level, Dems are doing fine. Until then, find a candidate for State Rep seeking to flip a red district, and see what you can do to help.

In the cloud

Gotta say, this makes sense.

What do a warehouse in North Austin and a building at Angelo State University have in common? They hold trillions of bytes of data about some of Texans’ most sensitive information, including health and education records.

The Texas Legislature created the twin data centers in 2005 to consolidate disparate data management operations at dozens of state agencies. But since then, as government programs churned out more and more electronic information about health care, highways, public schools and other key services, the cost to operate the facilities has ballooned.

This session, lawmakers are considering an overhaul of how the state uses its data centers, with an eye toward private tech companies like Amazon and Microsoft that own private networks of remote servers known as a “cloud.” Proponents say hiring such a firm to be the official keeper of much of the state’s data could save millions of dollars and modernize vulnerable government tech infrastructure. But detractors say the current set-up is working fine and that any kind of structural change would be laborious, expensive and potentially risky.

A decade ago, it cost $278 million to run the centers over the state’s two-year budget cycle; under the current spending plan, it costs about $489 million to operate them.

“What can we do to try to reduce those costs?” state Rep. Giovanni Capriglione, R-Southlake, asked state information officers at a recent committee hearing. “Today there’s a lot of options in terms of what we can do with the data center.”

Though some lawmakers have bristled at the idea of private companies storing Texans’ personal information in far-flung locations, proponents of the reforms say data security will be at the forefront of any decision they make.

“We are not signing a contract with anybody until we have a chance to find out what’s really going on here,” said state Sen. Jane Nelson, a Flower Mound Republican who chairs the Senate Finance Committee. “The discussion about whether we do cloud and all that, we can have that discussion. I want to make sure — A, we’re protecting that information, [and] B, that we are keeping that information in Texas.”

Much of the data center debate this session has centered on a $1.5 billion deal that the Texas Department of Information Resources made with a French-headquartered company, Atos, to operate the facilities. In recent committee hearings, lawmakers have encouraged the agency to look at data storage options offered by cloud-computing service providers.

“I don’t understand why we’re so far behind here on this,” said state Rep. Donna Howard at a recent legislative hearing on data centers. The Austin Democrat noted that her city’s — and Texas’— reputation as a tech hub doesn’t jibe with the state government still “doing Medicaid on Excel spreadsheets.”

[…]

Last week, Nelson filed a bill that would require state agencies to consider cloud-based storage options when creating new government software applications. Another bill, authored by Capriglione, would create a technology modernization fund that agencies could use to pay for a transition to cloud-computing services.

State agencies already have some authority to bypass the data center and hire outside companies for certain data management projects, but only if the agency gets permission from the Department of Information Resources.

In an interview, Capriglione said he had heard from state officials, whom he declined to name, who recounted their frustrations working with a state data center they said was expensive and cumbersome.

“Here’s the reality — anyone that’s looking at this has come to the conclusion that cloud-based technology is significantly more secure, more resilient, more future-proof, than any sort of in-house data center client service,” Capriglione said.

As someone who works in IT, I agree with Rep. Capriglione. It’s not magic and it’s not set-it-and-forget-it, but it is industry standard now, and not to move in that direction would be weird and almost surely more expensive in the long run. Texas doesn’t have a great track record with large IT projects, but a lot of that was driven by bad ideas about cost-saving. Both of the bills above seem like the right idea. If you’re not moving forward in IT, you’re stagnating.

The odds never favor ethics reforms

Better to keep your hopes down and not suffer too much disappointment.

BagOfMoney

Gov. Greg Abbott pledged on the campaign trail to lead the charge to improve the state’s ethics laws, and now lawmakers and advocates pushing for reform are looking to the newly elected governor to help breathe life into proposals at the Legislature.

Lawmakers of both parties at the state Capitol talk a big game when it comes to strengthening laws aimed at rooting out corruption or providing more transparency to the public. That mostly has amounted to lip service, advocates of open government say, as substantive ethics reform has continually been curbed.

This session, efforts again will include attempts to require disclosure of contracts elected officials and their families have with the public sector, to make lawmakers’ personal financial statements available online, and to slow down the revolving door of lawmakers leaving office and immediately becoming lobbyists. All have failed previously.

There also are plans to propose legislation addressing secret campaign donors.

And a package of ethics measures Abbott laid out on the campaign trail, from putting more teeth into conflicts-of-interest statutes to beefing up campaign finance reporting requirements, are expected to get serious attention this session.

“Gov. Abbott made this a large part of his campaign for a good reason,” said state Rep. Giovanni Capriglione, a second-term Republican from Southlake. “People are afraid that somehow we’re working on things that could enrich other politicians.”

[…]

Tom “Smitty” Smith of watchdog group Public Citizen Texas said he remains cynical about what actually will come to fruition, noting Abbott’s plan did not include any mention of so-called “dark money” – political contributions in which the donor is not disclosed.

“Abbott has clearly signaled he wants to do some sort of ethics reform,” Smith said. “It’s more of a matter of, what is a reform?”

Bet the under, that’s my advice. It’s not even all on Abbott, to be honest, but more about the MQS mafia. Of course, they’re big backers of Abbott, who I expect will be honest enough to stay bought. Even if some form of ethics reform gets through, kneecapping the Public Integrity Unit and trimming funds for the Texas Ethics Commission will ensure that any new rules will be largely unenforceable anyway. So stay pessimistic, but hope for the best.

Special Session 3: Beyond Thunderdome

Beyond ridiculous, if you ask me, not that they did.

Same hair and same amount of crazy as Rick Perry

Standing before mostly empty chairs in the 150-member Texas House on Tuesday, House Speaker Joe Straus adjourned the second special session and announced that Gov. Rick Perry would be calling them all back for a third special session later in the day.

After gaveling in the House at 2:36 p.m., Straus briefly thanked members for their time and hard work during the second special session before acknowledging Perry would probably call a third special session 30 minutes after both chambers had officially adjourned the second special session.

“See you in 30 minutes,” he quipped, telling the few dozen House members in the Capitol to stick around for the opening of the third session.

An aide to Perry confirmed that the governor plans to call a third special session shortly.

Some Republicans would like to blame the Democrats for this fine mess they’re all in.

“I think we need to remember why we are having this extra special session. One state senator, in an effort to capture national attention, forced this special session,” Capriglione told the Fort Worth Star-Telegram. “I firmly believe that Sen. Wendy Davis should reimburse the taxpayers for the entire cost of the second special session. I am sure that she has raised enough money at her Washington, D.C., fundraiser to cover the cost.”

State Rep. Chris Turner, D-Grand Prarie, who leads the House Democratic Caucus, said Capriglione calling on Davis to reimburse taxpayers is “absurd.”

“The special sessions have largely been political and just a continuation of decade-old culture wars that do very little to resolve policy and do a lot to continue to divide Texans and in the process wasting a lot money,” Turner said. “The decision to call a special session is the governor’s and governor’s alone, he has to decide if its worth the costs.”

State Rep. Joe Moody, D-El Paso, tweeted Monday evening that Dewhurst should have passed the transportation bill in the first special session on the night of Davis’ filibuster.

Lt. Gov. is blaming House for TXDOT $. History lesson: he had SJR ready to go in the 1st Special & killed it to score political pts #txlege

— Joe Moody (@moodyforelpaso) July 29, 2013

A resolution to fund transportation had cleared both Houses and members of either party had said publicly the measure had enough support to pass. Dewhurst declined an appeal from Democrat lawmakers to bring up and pass the measure before the abortion filibuster began and the measure – like the abortion restrictions – failed to pass the first special session.

“It seems to me the lieutenant governor’s priority was focusing on partisan issue of abortion and trying to score political points rather than taking care of the business of the state ready to be resolved,” Turner said.

Not to mention, as Texpatriate points out, that Capriglione can’t count votes.

Anyways, the House only voted 84-40 in favor of the bill, sixteen short of the supermajority required for passage. Among the 40 dissenting votes, only 13 were Democrats. This means that even if every Democrat in the room had supported the bill, it would have failed. Make no mistake, the Tea Party killed HJR2.

And as I noted that’s a lot of absentees and/or abstentions. The Republicans only needed six Democratic votes to get to 100 if they were uniformly in favor. They got 27 Yeas, so any shortfall is indeed their fault.

Rumor has it that once again there will be other items on the call. At least one additional item, if there are to be any, would be welcomed by members of both parties.

Despite broad bipartisan support, Texas lawmakers have been unsuccessful this year in their efforts to pass a bill issuing tuition revenue bonds — or TRBs — to fund campus construction around the state. Returning for yet another special session, which Gov. Rick Perry called on Tuesday, may provide them with an opportunity to try again.

“I don’t think any of us have ever given up hope,” state Rep. Donna Howard, D-Austin, said. “We would certainly like to see TRBs on the call.”

At the end of the regular session, the TRB bill was held up by political jockeying as the clock ran out. In the two subsequent special sessions, Perry did not add the issue to the official to-do list. Lawmakers could have tried to move a TRB bill, but when the legislation is not on the governor’s special session call, it’s easy to defeat on a technicality.

Before the second special ended, Perry indicated that he might consider adding TRBs to that call. “Once we get the transportation issue addressed and finalized, then we can have a conversation about whether or not there are any other issues that we have the time and inclination to put on the call,” he said.

But a plan to address the state’s transportation funding needs failed, and so TRBs were never added. Now, Perry has called lawmakers back for a third 30-day special session, and transportation funding remains the only item on the agenda — for now.

“If and when both chambers pass the transportation bill, I believe very strongly that the governor will add TRBs to the call,” state Sen. Judith Zaffirini, D-Laredo, said.

Zaffirini pushed for a TRB bill for the last three regular sessions and has already filed a bill in the just-called special session. State Sen. Kel Seliger, R-Amarillo, and state Sen. Kirk Watson, D-Austin, are among the 21 co-authors on Zaffirini’s legislation and have also filed TRB bills of their own.

No other items as yet, but it’s early days.

As for the main event, a little leadership might help it finally get passed.

Rep. Joe Pickett, a leading House transportation policy writer, says the Legislature’s infantry is exhausted and it’s time for a meeting of the generals.

“We’ve taken this pretty far a couple of times now,” Pickett said of lawmakers’ efforts this summer to provide a modest boost in state funding of roads and bridges.

But the push got snared by abortion politics in the first special session. In the second, it caught its pants leg in a complex bramble of disagreements that include philosophical clashes over how much money is needed in the state’s rainy day fund; many Democrats’ resentment that public schools play second fiddle to infrastructure in the state budget process; and increasingly petty resentments among Republicans who run the show. The whole thing is playing out as top Republicans figure out their futures, in a game of musical chairs for statewide offices, and lowly Republicans look over their shoulders to see if they’re getting a primary opponent this winter.

“Maybe the Big 3 should meet and see if they have any suggestions on how to get this over the line,” Pickett said, referring to Gov. Rick Perry, Lt. Gov. David Dewhurst and Speaker Joe Straus, R-San Antonio.

“Give us some guidance or an outline” Pickett pleaded. He said several lawmakers belonging to both parties have suggested that the top leaders should huddle.

A better funding mechanism wouldn’t hurt, either. But don’t hold your breath waiting for that. BOR and Texpatriate have more.

Driverless car bill filed

Glad to see it.

Two weeks after Google showcased its self-driving car to local officials in Austin, a Texas lawmaker has filed a bill attempting to regulate the use of the futuristic technology.

State Rep. Giovanni Capriglione, R-Southlake, filed HB 2932 on Thursday to define “autonomous motor vehicle” and “autonomous technology” in the state’s transportation code. The bill would require that a licensed driver be held responsible for such a vehicle when it is in use, even if the car is operating without the driver inside it. It also directs the Texas Department of Transportation to set up rules for the use of such vehicles in the state, including minimum insurance requirements. Nevada approved similar laws last year, though that state requires a person in the driver’s seat and passenger’s seat of a self-driving car while it is in use.

Google demonstrated its self-driving car last month at the Texas Transportation Forum, a conference hosted by TxDOT. Company officials told The Texas Tribune they didn’t solicit permission or clearance from any state agencies before testing the car on public highways and streets in Texas because the state’s laws only refer to cars operated by drivers. The company drove the car in autopilot mode through parts of Texas to get it to the conference in Austin. Google employees then offered demonstrations of the car’s self-driving technology on I-35 to local and state officials.

See here for some background. I think Rep. Capriglione has the right approach here in not requiring someone to be in the car while it’s in operation. Letting truly driverless cars be on the streets is a requirement for enabling car-sharing and other innovative and potentially congestion-reducing uses for these vehicles. If nothing else, a nice thing about a driverless car is that you can basically valet park yourself anytime you want. Drop yourself off and let the car go find someplace to wait for you to call it back, like the Batmobile. But that only works if you don’t have to be in the car at the time. Under this bill, that’s a possibility.