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James White

The prosecution keeps piling on Steve Stockman

From Monday:

Best newspaper graphic ever

A fundraising director who quit and returned most of his salary after four days as an employee of ex-U.S. Congressman Steve Stockman characterized the work environment as “horrific” for Washington, D.C., interns, according to his testimony in the second week of the former Republican lawmaker’s fraud trial in a Houston federal court.

A crew of volunteer interns worked in a cramped office making as many as 2,000 fundraising calls all day — at a lobbying firm rather than the congressman’s office — and had to hustle to find their own summer lodging, according to Sean McMahon, the short-lived fundraising director.

“The situation with interns is horrific,” McMahon wrote — before the interns began at the lobbying firm office — in an email entered as evidence in the case. “Every single one of them believes they are having a normal ‘Hill internship.’ This is not the case.”

[…]

Among more than a dozen witnesses Monday was Stockman’s former secretary on Capitol Hill, Kristine Nichols. She said before she started at his office the congressman said she had to take a mandatory ethics course. Everyone did.

Nichols testified she asked Stockman, who had been a friend before she was hired, whether he took the course, too.

“He said he wasn’t planning to go because then they might hold him to the rules,” she said.

Ouch. See here and here for earlier updates. I’m not sure what this was intended to establish other than the fact that nobody seems to like Steve Stockman, but I’m here for it anyway. There was some more testimony about his attempt to “sting” State Rep. James White as well.

And from Tuesday.

Former U.S. Congressman Steve Stockman recruited top officials from the Egyptian defense ministry to help solicit a $30 million donation from an international cement company facing legal trouble, according to testimony in the second week of the GOP lawmaker’s federal corruption trial.

Stockman claimed the funds would go toward educating Americans about the historic importance of Egypt and the Middle East, or perhaps toward shipping medical supplies to Egypt and Africa, a witness testified Tuesday.

The hefty donation from CEMEX, an international cement company founded in Mexico, apparently never materialized. But prosecutors say the aide who helped arrange Stockman’s trip to Egypt to meet with officials was paid with money from another donation Stockman solicited for another of his pet causes. He had told an investor he wanted to establish Freedom House, a facility for conservative Capitol Hill interns in Washington, D.C.

The government lawyers say these trips and expenditures demonstrate how Stockman took hundreds of thousands of dollars in charitable donations, and rather than spending it as promised, he used it to enrich himself. The former GOP lawmaker from Clear Lake is on trial for 28 criminal counts related to syphoning off major donation funds to cover his own personal and political debts in what the government lawyers called a “white collar crime spree.”

But Stockman’s defense team contends that testimony about the Egypt trip and about donation money Stockman funneled into a surveillance project tracking a presumed political opponent at the state capitol amount to meritless theatrics aimed at swaying the jury.

“It’s a time-consuming effort to make Mr. Stockman look like he’s involved in a bunch of shady stuff, none of which is charged in the indictment,” said attorney Sean Buckley.

If your defense is that the prosecution is spending too much time on shady stuff your client did that he wasn’t charged with, I’m thinking you have a tough road ahead. All this and the two Stockman aides who took pleas still haven’t testified.

The Stockman trial gets weird

I mean, with Steve Stockman you have to expect some weird crap, but I didn’t see this coming.

Best newspaper graphic ever

The American Phoenix Foundation — a now-defunct conservative activist groupknown for attempting undercover stings of lawmakers and lobbyists — planted an intern in a Texas state lawmaker’s office during the 2013 legislative session in an effort to expose misdeeds, testimony in federal court revealed Thursday.

Shaughn Adeleye, testifying in Houston in the federal fraud case against former U.S. Rep. Steve Stockman, said in court Thursday that he was planted in the office of state Rep. James White to obtain footage of the Hillister Republican engaged in “fraud and abuse” and also in more mundane activities like cursing or failing to tidy his messy car, according to Quorum Report.

Stockman funded that effort in an attempt to uncover “salacious” gossip about a perceived political rival, according to testimony Thursday, the Houston Chronicle reported. The former congressman stands accused of illegally using charitable donations to cover political and personal expenses, among a total of 28 criminal charges.

Stockman was concerned that White would give up his state House seat to challenge him for Congress. “Republicans love black conservatives. I’m worried,” Stockman fretted in a text to a political ally, according to testimony Thursday.

Adeleye told prosecutors Thursday that he accepted the undercover job because he was told he’d be ferreting out corruption, but it ultimately became clear his supervisors were hoping for embarrassing material about White, who is the only black Republican in the Legislature. He was told “a good video of [White] saying anything crazy would be ideal,” according to an email shown in court.

“These were just such odd requests,” Adeleye said Thursday.

The American Phoenix Foundation filmed Texas lobbyists and lawmakers back in 2015, and the group’s membership has ties to James O’Keefe, a conservative political activist infamous for his shady tactics.

See here for yesterday’s update. I recall State Rep. White’s name being bounced around as a possible CD36 candidate for a hot second or two, but it never gained any traction, in part because he wasn’t interested and in part because Stockman went off on his quest to unseat Sen. John Cornyn in that primary. Given that Stockman basically cruised to a win in the crowded 2012 race for CD36 on the strength of his residual name ID and that James White was a two-term State Rep who I’d venture to guess was widely unknown, this hair-brained scheme to discredit him – which among other things would surely have done wonders for Rep. White’s name ID – shows an impressive level of paranoia, even for the likes of Stockman. The scheme itself makes Jerry Lundegaard and Carl Showalter look like super geniuses, and I am here for it. This trial has more than lived up to my expectations, and the defense hasn’t even begun to present its case. The Chron – check the URL for that story, it’s pure gold – has more.

More reasons not to put people in jail

We shouldn’t put people in jail for owing fines.

In January, state Rep. James White, R-Hillister, filed House Bill 1125, which would ban Texas judges from jailing people for an offense that is punishable only by a fine. State Rep. Diego Bernal, D-San Antonio, soon signed on as a joint author. On Thursday, White also filed House Bill 3729, which would require courts to ask whether a defendant can afford to pay a fine and offer alternatives to payment.

Bernal said representing a district with people from different socioeconomic backgrounds made him realize how a simple traffic ticket could dramatically affect someone’s life. HB 1125 would “level the playing field” and “give people some dignity,” he said.

Thousands of Texans are at risk of being arrested at any given moment for not paying fines related to traffic offenses or other city ordinance violations, according to a recently released report by Texas Appleseed and the Texas Fair Defense Project. Those who can’t afford to pay often find themselves hit with additional fines or other restrictions such as being blocked from renewing their driver’s licenses and vehicle registrations.

More than 200,000 Texans can’t renew their licenses and approximately 400,000 have holds on vehicle registrations due to unpaid fines, according to the report. In 2015, almost 3 million warrants were issued in cases where the punishment was originally just a fine.

“What happens is that the current system is counterproductive, and it drives people further into debt because they’re accumulating more tickets for driving illegally and on top of those tickets are all of the costs and fees that start snowballing as well,” said Mary Mergler, criminal justice project director with Texas Appleseed. “So it drives people further into debt … and impedes people’s abilities to make a living.”

Courts generally don’t offer alternatives to jailing or ask about a defendant’s ability to pay, the study found. In 2015, judges rarely used community service to resolve “fine-only” cases – just 1.3 percent of the time. In fewer than 1 percent of cases, they waived fines or reduced payments owed because the defendant couldn’t afford to pay, according to the study.

Many drivers feel a sense of helplessness related to paying off their mounting fines, said Emily Gerrick, a staff attorney with the Texas Fair Defense Project.

“It’s very easy for people to accumulate thousands of dollars in ticket debt even if they’re not bad drivers, just because they have to get their kids to school, they have to go to the doctor,” she said. “There’s no choice but to drive, so they’re going to keep getting these tickets and then eventually, what ends up happening is they get their warrant, they go to jail.”

That kind of disruption puts families, jobs and housing at risk, studies and individual accounts have shown.

“They’re usually very distressed,” Gerrick said, describing clients behind bars. “I’ve had them not know where their kids were when I saw them.”

Mergler added that the situation undermines, rather than improves, public safety.

“People with outstanding warrants who are afraid of being arrested on those warrants are inclined to avoid contact with law enforcement, whether that’s to report a crime or even to ask for help when they themselves are a victim of crime,” she said.

I agree with this, and I agree that we should not jail people for having unpaid fines. I’m sure there are some exceptional circumstances under which jailing is the best option, but it should be the exception and not the rule. Otherwise, people should always be given alternative means of complying – payment plans, community service, some other means that people smarter than I am can come up with – and should not have additional violations and fines piled on top of their existing ones if they are in the process of paying them off. It’s not justice, and it’s not right. I support these bills and I hope to see them become laws.

(By the way, that same argument at the end of this story, about how this situation undermines public safety, is basically the same argument made by police chiefs and sheriffs against so-called “sanctuary cities”. Just wanted to point that out.)

Pot bills get their own post

They got their own story in the Trib, so why not their own post.

Zonker

Texas lawmakers across the state say they want leniency in how the state prosecutes marijuana crimes. In an interview with Texas Tribune CEO Evan Smith Monday, State Rep. Jason Isaac, R-Dripping Springs, said he thinks the Legislature could decriminalize possession of small amounts of marijuana next year, especially after several states did so on Election Day.

“We’re spending our tax dollars on incarcerating [people that don’t deserve to be incarcerated] because they got caught with a small amount of marijuana,” said Isaac, whose district encompasses Texas State University. “These are people that we probably subsidize their public education, we probably subsidize where they went to a state school, and now they’re branded as a criminal when they go to do a background check.”

Isaac added that last session he was approached by state Rep. Joseph “Joe” Moody, D-El Paso, who asked Isaac to sign on to a decriminalization bill but didn’t because he “didn’t feel like it was the time.” During the interview Monday, however, Isaac said “it is the time now” and publicly pledged to sign on and work to get a bill passed that would decriminalize small amounts of marijuana.

Among the Texas proposals that have been filed thus far:

  • House Bill 58 by state Rep. James White, R-Woodville, would create a specialty court for certain first-time marijuana possession offenders based on the principle that first-time defendants are often self-correcting. The measure is intended to conserve law enforcement and corrections resources, White said in a news release.
  • State Rep. Joseph “Joe” Moody, D-El Paso, filed House Bill 81, which aims to replace criminal penalties for possession of up to an ounce of marijuana with a civil fine of up to $250. The bill also allows Texans to avoid arrest and possible jail time for possessing a small amount of marijuana. Moody authored a similar bill during the previous legislative session; it did not pass.
  • State Rep. Harold Dutton Jr., D-Houston, filed House Bill 82, which aims to classify a conviction for possession of one ounce or less of marijuana as a Class C misdemeanor instead of Class B. However, if a person is convicted three times, it would revert back to a Class B misdemeanor. Dutton co-authored a similar bill last session with Moody.
  • State Sen. José Rodríguez filed Senate Joint Resolution 17, which would allow voters to decide whether marijuana should be legalized in Texas, following the pattern of a number of states.
  • Senate Joint Resolution 18, also authored by Rodríguez, would allow voters to decide whether to legalize marijuana for medical use if recommended by a health care provider. “It is long past time we allow the people to decide,” Rodríguez said in a statement.
  • Rodríguez also filed Senate Bill 170, which would change possession of one ounce or less of marijuana from a criminal offense to a civil one.

Some of this is a continuation of efforts from 2015, some of it is in recognition of the multiple pro-decriminalization referenda that passed in other states, and some of it is from the desire to save a few pennies on law enforcement and criminal justice. I don’t care about the motive, I applaud the direction. As was the case in 2015, the main (though not only) obstacle is likely to be Greg Abbott, who was not interested in anything more than the meager cannobinoid oil bill that passed during that session. Typically, Abbott has had nothing to say about whether he remains firmly anti-pot or not. We’ll have to see what the lobbyists can do with him. For those of you who want to see changes, these are the bills to follow for now.

Not a good session for equality

I know, duh, right?

RedEquality

Texas lawmakers have filed at least 20 anti-LGBT proposals this year—likely the most in the history of any state.

It’s the type of onslaught that was widely expected among LGBT advocates, due to backlash over the spread of same-sex marriage.

Daniel Williams, legislative specialist for Equality Texas, said the group is “well-positioned” to defeat every piece of anti-LGBT legislation. Williams called it the worst session for LGBT rights since 2005—when the state’s marriage amendment passed and a proposal to ban gay foster parents was defeated on the House floor.

But things have changed since then, he said, pointing to the Texas Association of Business’ decision to oppose one well-publicized anti-LGBT proposal—a “religious freedom” amendment that would protect discrimination—prompting its author to back down.

“What’s different about this Legislature than 2005 is that Texas, like most of the nation, has evolved on LGBT issues, and that mainstream voice is emerging and is being heard in the Texas Legislature,” Williams said. “It damages the Texas brand, and I think that’s why you’re seeing so many business voices get involved. … We also know how this process works better than our opposition does.”

Williams wouldn’t elaborate on strategy, but out lesbian Rep. Celia Israel (D-Austin) suggested the best one may simply be to run out the clock.

“I feel good about our chances of stopping it, because there are so many major issues out there, that these small hateful and divisive bills will get pushed to the back of the agenda,” Israel said. “We’re going to run out of time, and we will be able to make a statement that there’s no place for that kind of law in the state of Texas.”

I should point out that Daniel Williams also posted this on Facebook:

Thirty-two pro-LGBT bills filed in the Texas legislature this session, more than we’ve ever had before, by more authors than we’ve ever had before; the most vocal, most educated, most diverse group of supporters we’ve ever had in office… and the national organizations, who seemed to have finally understood that Texas has a function other than serving as an ATM, can only howl about the bad bills – inviting people who don’t live here to add their snide comments about my home.

I don’t want to ignore or gloss over that, because it is a big deal and this isn’t 2005 any more. It’s better in some ways and worse in others. Having said that, I do remain concerned. Running out the clock is a good strategy, but it only works when the end of the legislative session really is the end of legislators being in Austin. We had too many special sessions under Rick Perry – remember, the awful HB2 passed during a special session – for me to feel confident. Maybe Greg Abbott will be different in that regard, but I expect him to come under some pressure, especially around the time SCOTUS issues a ruling on same sex marriage. The recount of signatures in the HERO repeal petition case – which we’re surely going to get Any Day Now, right? – will also be a pressure point. I hate to be a negative nellie, but I will not rest quietly until the coast really is clear.

And just to rub a little salt in it:

Barely two months after a federal judge struck down Texas’ hair-braiding regulations, a move to erase the unconstitutional statute already has bipartisan support. Not so for Texas’ anti-sodomy law, which remains on the books a dozen years after the U.S. Supreme Court declared it unconstitutional.

“Absolutely, there is a difference,” said Rep. James White, R-Hillister, who has filed a bill to do away with the braiding statute but wants to keep a similarly illegal law that criminalizes homosexual sex.

The braiding regulation, he said, “was a way of disenfranchising them out of the marketplace. I don’t necessarily think this was the case with sodomy.”

A federal judge in January struck down the state law requiring those who teach hair braiding to get barbers’ licenses and submit to other onerous regulations. Four lawmakers, two Republicans and two Democrats, since have filed bills to remove the unconstitutional statute from the books.

A Texas law criminalizing “deviate sexual intercourse with another individual of the same sex” is likely to remain on the books, however, even though the U.S. Supreme Court ruled it unconstitutional in 2003.

“By leaving this provision in the law, it’s insulting to Texans in the (lesbian, bisexual, gay and transgender) community,” said Rep. Garnet Coleman, D-Houston, who has filed legislation to do away with the statute. “It’s inconsistent, bordering on hypocritical to say one should remove something that’s been struck down … and not remove other statutes and language that has been struck down.”

[…]

Texas has dozens of these unconstitutional laws still on the books, but the more politically sensitive ones have little chance of being removed, said Tulane University constitutional law professor Keith Werhan.

“That’s pretty common,” said Werhan of states’ tendencies to leave these laws alone. “Basically, part of it is going to be inertia and part of it is maybe more willful in some areas. This may fall into the willful area.”

Yeah, I’d say “willful” is a good word. Some attitudes haven’t changed since Molly Ivins was there to document them. Again, there’s a lot to be optimistic about as well, as Daniel’s post makes clear. But haters are still going to hate.

More on the initial bill filings

From the Trib, a sampling:

As of Monday afternoon, a bill repealing the Texas Dream Act, which allows undocumented immigrant students to pay in-state college tuition rates, had yet to emerge. Lt. Gov.-elect Dan Patrick promised while campaigning that he would work to repeal the act. The bill could part of legislation that is reserved for priorities set by the lieutenant governor.

All bills can be seen on the Texas Legislature site. Here’s a list of other noteworthy legislation filed Monday: 

Guns

State Reps. Dan Flynn, R-Canton, and James White, R-Woodville, filed legislation, House Bill 106 and House Bill 164, respectively, that would allow Texans to openly carry handheld guns. 

House Bill 176, filed by Rep. Tim Kleinschmidt, R-Lexington, would create the “Second Amendment Preservation Act,” which would say a federal law “that infringes on a law-abiding citizen’s right to keep and bear arms under the Second Amendment to the United States Constitution or Section 23, Article I, Texas Constitution, is invalid and not enforceable in this state.” 

Transportation

Senate Joint Resolution 12 and Senate Bill 139, filed by Sen. Charles Perry, R-Lubbock, would eliminate diversions from the state highway fund to the Department of Public Safety to ensure those funds are only used on road construction. Currently, part of the state highway fund is paying for state highway police. 

Health

Senate Bill 66, filed by Sen. Juan “Chuy” Hinojosa, D-McAllen, would require schools to stock EpiPens, and that employees are trained in how to use the medical devices that combat serious allergic reactions.

Senate Bill 96 and Senate Bill 97, also filed by Hinojosa, would introduce regulations of vapor products, or  e-cigarettes, in Texas. SB 96 prohibits the use of vapor products on school property, while SB 97 would apply many of the regulations on cigarettes to vapor products.

House Bill 113, filed by Rep. Allen Fletcher, R-Cypress, would make it illegal to perform an abortion based on the sex of the child.

House Bill 116, filed by Rep. Trey Martinez Fischer, D-San Antonio, would expand Medicaid eligibility in the state. 

Education

Sen. Judith Zaffirini, D-Laredo, filed several higher education related bills. Senate Bill 24 would increase the orientation training for university system regents, while Senate Bill 42 would prevent the governor from appointing a student regent if that person did not submit an application to the university or its student government. Senate Bill 23, also filed by Zaffirini, would make pre-kindergarten available to all 4-year-olds in Texas and make half-day pre-K available to 3-year olds who meet certain at-risk measures.

Senate Bill 150, filed by Sen. Kel Seliger, R-Amarillo, would fund 64 construction and renovation projects at higher education institutions across the state. It would cost $2.86 billion.

House Bill 138, filed by Rep. Dan Flynn, R-Canton, would stop independent school districts from banning schools from posting the Ten Commandments in classrooms. 

Voting

House Bill 76, filed by Rep. Celia Israel, D-Austin, would allow citizens to register to vote online. 

Sen. Sylvia Garcia, D-Houston, filed three bills in an attempt to increase civic engagement in Texas. Senate Bill 141 would create a voter education program in Texas high schools, Senate Bill 142 would allow deputy registrars to receive their training online, and Senate Bill 143 would notify voters who were rejected while registering of what mistakes they made on their registration forms. 

House Bill 111, filed by Rep. Trey Martinez Fischer, D-San Antonio, would create same-day voter registration. 

Energy and Environment

Senate Bill 109, filed by Sen.-elect Van Taylor, R-Plano, establishes new deadlines for processing water rights permits in Texas. In a statement on Monday, Taylor said the bill was aimed at bureaucracy that is preventing parts of North Texas from accessing water.

House Bill 224, filed by Rep. Ryan Guillen, D-Rio Grande City, would change the name of the Railroad Commission of Texas to the “Texas Energy Resources Commission.” Similar legislation has failed in the past.

Other

House Bill 55, filed by Rep. Armando “Mando” Martinez, D-Weslaco, would allow money from the Texas Enterprise Fund to go to veterans hospitals in the state. The Texas Enterprise Fund became embroiled in controversy this past election season, when it was revealed that several recipients of the fund never formally submitted applications.

House Bill 92, filed by Rep. James White, R-Woodville, would change the legal definition of an “illegal knife.” 

House Bill 150, filed by Rep. Dan Flynn, R-Canton, would nix daylight savings time in Texas.

House Bill 161, filed by Rep. Lyle Larson, R-San Antonio, would allow counties to house prisoners in tents.  

There’s plenty more, some good, some bad, some bat$#!+ crazy, some blatantly unconstitutional, many with no hope of ever getting a committee hearing. As always, I’ll do what I can to keep track of ’em as we go. The Chron, Stace, Grits, Juanita, Newsdesk, and the Observer have more.

White Ds and non-white Rs

A few points to make about this.

White Democrats are an increasingly vanishing species in the Texas Legislature, where there will be only 10 when the new legislative session starts in early January.

The face of the Legislature has undergone a dramatic transformation in the past 25 years, and the state’s rapidly changing demographics are expected to guarantee even more profound changes over the next quarter century.

Twenty years ago, the Legislature included 83 white Democrats. Today, the white Democratic lawmaker is a rarity in the 181-member Legislature.

Vanishing rural, white Democrats account for most of the changes. There were 56 rural, white Democrats sitting in the 1987-88 Texas Legislature. Today, Rep. Tracy King, D-Batesville, (Zavala County) is the only rural white Democrat remaining. He did not return phone calls for comment.

The Chron needs to check its math. By my count, there will 11 Anglo Dems sworn in to the Lege in 2013:

Rep. Craig Eiland – HD23
Rep. Donna Howard – HD48
Rep. Elliott Naishtat – HD49
Rep. Mark Strama – HD50
Rep. Joe Pickett – HD79
Rep. Tracy King – HD80
Rep. Lon Burnam – HD90
Rep. Chris Turner – HD101

Sen. Wendy Davis – SD10
Sen. Kirk Watson – SD14
Sen. John Whitmire – SD15

I suspect Rep. Chris Turner, who was elected in 2008 then wiped out in 2010 before coming back in a newly-drawn district this year, is the one they overlooked. Note that in the three biggest counties (Harris, Dallas, Bexar), there are no Anglo Dems in the House and only one in the Senate. After the 2008 election, Harris had Reps. Scott Hochberg, Ellen Cohen, and Kristi Thibaut; Dallas had Reps. Robert Miklos, Carol Kent, Kirk England, and Allen Vaught; and Bexar had Rep. David Leibowitz. All except Hochberg were defeated in the 2010 massacre, and Hochberg retired after the 2011 session.

You really can’t overstate the effect of the 2010 election. As I said before, the loss of all those rural Dems means that the road back to parity for Democrats is that much steeper. It also significantly de-honkified the existing party. The rural Dems were for the most part dead men walking whether they realized it or not, but losing them all at once rather than over the course of several cycles radically changed things. The Dems have a number of possible pickup opportunities for 2014, some of which may elect Anglo Dems, but even in a wildly optimistic scenario, you’re looking at a tough slog to get to 60, and that’s a long way from parity, even farther away than they were after the 2002 election. Beyond that, you’re either waiting for demographic change in some of the suburban districts, or hoping for some kind of external game-changer. It’s not a pretty picture, at least in the short term.

The long term is a different story, even if the writing on the wall is in a six-point font:

For years, Republicans made a high priority of targeting white Democrats for defeat, via election when they could win, or redistricting when they couldn’t, contended former Texas Democratic Party executive director Harold Cook.

“The irony is that in their efforts to limit Democrats to minority real estate through redistricting, they also separated themselves from the fastest growing demography. In 20 years they may well see that they wrote their own political obituary,” Cook said.

Twenty years is an awfully long time, and I think we can all agree that way too many things can affect current trajectories to have any confidence in them. That said, while there are 11 Anglo Dems out of 67 total Dems in the Lege (16 percent of the total), there are all of six non-Anglo Republicans out of 114 total, which is five percent. (The six are, by my count, Reps. JM Lozano, Larry Gonzales, Jason Villalba, James White, Stefani Carter, and Angie Chen Button.) That’s down from eight last session – nine if you count Dee Margo – as Reps. Aliseda, Garza, Pena, and Torres departed but only Villalba and the turncoat Lozano arrived. To Cook’s point, Aliseda, Pena, and Torres were all adversely affected by redistricting – Aliseda and Pena (another turncoat) declined to run because they didn’t have a winnable district, and Torres ran for Senate after being paired with Connie Scott, who wound up losing by 15 points. Only Garza had a shot at re-election, and his district was a major point of contention in the redistricting litigation. Barring a 2010-style election in 2014, the Rs don’t have many obvious targets in Latino-heavy districts. You can’t assume the current trajectory will continue, but as long as it does this is the way it’s going.

UPDATE: As noted in the comments, I also overlooked an incoming freshman, Rep. Scott Turner in the new HD33, who is a non-white Republican, thus upping that total to seven. My apologies for the oversight.

Cut education now, pay later?

That’s the question for Republican legislators, isn’t it?

GOP legislators didn’t budge this session from their commitment to reduce Texas’ education spending even in the face of protests, negative ad campaigns and reams of criticism.

The outcry didn’t faze them because it wasn’t coming from within their party.

That might change, some Republicans say, once parents see the aftermath in their child’s school of the state’s $4 billion — or 5.6 percent — reduction in what is owed to local school districts. The fallout could include teacher layoffs, school closures and elimination of extra programs or higher property taxes.

Republican incumbents “are going to be sent home by Republican primary voters because what they’re doing in public education is not in any way conservative,” said State Board of Education member Thomas Ratliff, R-Mount Pleasant. “Our version of conservative is mainstream conservative, not extreme conservative.”

Of course, there’s more to it than just the Republican primary, which is what this story focuses on. Republicans voted as a unified bloc all session, so legislators in swing districts will be running on the same record as legislators in safe R seats. There will be a lot more voters who don’t vote in Republican primaries to persuade that this was the wrong thing to do. If it really is the case that education is seen as the most important issue, then that will help. Right now it’s anybody’s guess, and there are too many factors that can influence things to have any clear idea about what will happen. It’s just too early to say.

I will say this much: The Tea Party influence on Republican legislative primaries may be a tad bit overstated. A grand total of three Republican incumbents fell to primary challenges. Two of them – Tommy Merritt and Delwyn Jones – were longtime targets of the more radical elements. The third – well, let me ask: Can you name the third Republican incumbent to lose in a 2010 primary? Off the top of your head, without using the Internet? I’ll tell you that I had either never realized this particular legislator had lost, or I’d forgotten it because the winner of that race has been completely invisible (to me, anyway). I’ll put the answer beneath the fold. Other targeted legislators like Charlie Geren and Todd Smith survived. Some of the noisier teabaggers, like James White, Jason Isaac, and Jose Aliseda, were unopposed in their primaries. The teabaggers did do well in primaries for open seats, and Bill Birdwell’s victory in the SD22 special election against the establishment candidate David Sibley was a big deal, but the overall record isn’t deep. While it’s clear that the threat of getting teabagged worked wonders for party unity this year, what will happen in 2012 if the interests of the Republicans’ monied interests diverge from the teabaggers is unknown. EoW has more.

(more…)

Solomons admits his map is a joke

OK, that’s not quite what he said, but you get the idea.

A top state Republican said Thursday that the newly proposed congressional map, which includes an odd-looking “horseshoe” district stretching from the northwestern edge of Harris County to the Louisiana border, will undergo significant changes.

“It’s a proposal, people,” said an exasperated state Rep. Burt Solomons, R-Carrollton, co-drawer of the map. “I can assure you there will be some changes . . . It’s a work in progress.”

Solomons’ comments at the first committee hearing on the plan raise questions about how long the redistricting process could drag on this summer, and how contentious the effort will be. Officials said there would not be any votes in the House Redistricting Committee on Thursday.

All due respect, Burt, but what did you expect? People took it seriously because it was the map that came from not one but both of the Redistricting committees. And in case you hadn’t noticed, the final versions of the SBOE, State House, and State Senate maps are pretty close to the originals. So don’t go getting defensive about this.

Democrats aren’t the only ones who have expressed concerns about the map. State Rep. James White, a newly elected East Texas Republican, came to the committee Thursday seeking “some illumination” about why GOP leaders drew that controversial “horseshoe” seat. The district starts in central Houston, shoots west through Waller County over to Navasota, loops north through rural counties above Montgomery County — and includes the cities of Lufkin and Woodville — before settling back east and south all the way down to Port Arthur.

“We have some concerns about being anchored with any urban area and what that means for our interest in East Texas,” White told the Tribune. “Ideally we would want a rural Congressional east Texas districts that would highlight our concerns with water, transportation, health care, agriculture and timber.”

Solomons said his office had been getting phone calls about the odd-shaped district and told White he was “100 percent sure” that the map would be changed.

That district, like many others in each of the maps so far, was drawn for the sole purpose of maximizing Republican strength and cracking Democratic voting blocs. You could take the Harris County portion of that district out and make CD36 all rural and East Texas-y, but if you do you put too many Republicans in one district and leave behind a bunch of pesky Democrats that could make life and re-election hard for John Culberson or Mike McCaul or even Ted Poe. Or, heaven forfend, you might have to draw them their own district. I know, I know, it’s heresy. As for Solomon’s assurance that the map will change, I’ll believe it when I see it.

School finance reform bills on tap

Whether you look at the House budget or the slightly less drastic Senate version, public schools will not get the funding they are due under the current defined formulas. That means that how the funds are distributed needs to be redone as well. The first bills to tackle this highly sensitive issue have been laid out, with more to come.

On the heels of a newly approved House budget that leaves public schools $7.8 billion short of what they’re entitled to under current funding formulas, the House Public Education Committee [Tuesday] considered a round of school finance bills.

Two of the bills came from the lower chamber’s veteran school finance wonk, state Rep. Scott Hochberg, D-Houston. One came from freshman state Rep. James White, R-Woodville, who made his first appearance before the committee.

During seven hours of testimony — and in sometimes tense exchanges that revealed the frayed nerves of committee members and witnesses alike — representatives from districts across the state spoke repeatedly about the dire consequences of the House’s budget cuts. At one point, as Alamo Heights Superintendent Kevin Brown urged the Legislature to provide its fair share of funding, state Rep. Dan Huberty, R-Houston, emphasized the strain lawmakers have felt attempting to fund essential programs and meet voters’ demands for no new taxes.

“We’ve seen HB1; we don’t have the money … We’re trying to create a system that is reasonable and equitable under some parameters,” he said. “Obviously, as you can tell, the past couple of weeks have been very frustrating for us, and we’re getting a little short on temper.”

Cry me a river, Dan. To say “we don’t have the money” is a copout that absolves the House’s Republican majority of its responsibility for its penurious budget. There’s still $6 billion left in the Rainy Day Fund. There’s still the structural deficit caused by the 2006 property tax cut, which the Senate is willing to address but the House isn’t. You guys know damn well that HB1 is a steaming pile of failure. You deserve all the strain you’re feeling.

It’s too early to say what will happen here. The budget isn’t finalized. House Public Education Chair Rob Eissler has a bill of his own in the works, as I believe does Sen. Florence Shapiro. At least one group, the Texas Association for the Gifted and Talented, has come out strongly against the latter of Hochberg’s bills on the grounds that it “would eliminate weighted funding for the majority of special programs, including gifted education”. I’m sure other groups will weigh in as well. This wouldn’t be a problem if education were adequately funded, but the House has already spoken on that subject. The ultimate endgame of all this is still likely to be litigation, as everyone acknowledges the basic unfairness of how public education funding is currently done. The main question that a school finance reform bill is likely to answer is what form that litigation will take.