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Pat Fallon

Big John may get a primary challenger

Drama! Maybe.

Big John Cornyn

State Sen. Pat Fallon, R-Prosper, announced Monday evening he is exploring a primary challenge to U.S. Sen. John Cornyn, potentially giving the state’s senior senator his most prominent intraparty opponent yet.

Fallon, a former state representative elected to the Texas Senate last year, told a Tea Party group here that he was forming an exploratory committee and moving on a quick timeline, hoping to have a conversation with GOP voters over the next few days. Fallon said that for six months, he had been hoping that a “viable conservative choice” would step up to take on Cornyn, but that person never emerged.

Addressing the True Texas Project, formerly the NE Tarrant Tea Party, Fallon pitched himself as a U.S. Senate candidate who would bring more energy and conviction to the fight that awaits Republicans in the general election. At one point, he said he hoped to galvanize Republicans much like Beto O’Rourke revved up Democrats last year in his closer-than-expected loss to the state’s junior senator, Ted Cruz.

“What would happen in Texas if we can finally have a candidate — a new one — that energized the right?” Fallon said. “That gave everybody in this room something to believe in, to say, ‘This person, I believe that they care, I believe that they will do as they say,’ and I have an eight-year record to prove that. You don’t have to take that leap of faith — compare our records.”

[…]

Fallon could be the third Republican to line up to challenge Cornyn in 2020, following two lower-profile candidates. One is Dallas financial adviser Mark Yancey, and the other is Dwayne Stovall, who finished third in the 2014 primary, behind Stockman, with 11% of the vote. Stovall was running as an independent against Cornyn this cycle until switching to the GOP primary last month.

Well, if you look at the picture in this story, you can see that Pat Fallon has the kind of square jaw and executive-style hair that ought to make him a serious challenger. Beyond that, well, you know. By all means, Republicans, boot out your long-term, well-funded incumbent for this guy. You won’t regret it, I’m sure. The Texas Signal has more.

We’re going to vote on making an income tax double secret illegal

It’s definitely time for sine die.

Sen. Pat Fallon

Texas voters will decide in November if they want to bar the imposition of an income tax, following approval of the constitutional amendment by the state Senate on Monday.

The Texas House had approved House Joint Resolution 38, which prohibits the imposition of an individual income tax, earlier this month.

The seemingly anodyne proposal ran into pushback Monday from some Senate Democrats who suggested the bill could cut business taxes, a major source of state money.

There appears to be no threat of an income tax currently — no such bill appears to have been filed, let alone have reached the floor of either chamber, where it would be political kryptonite. And a 1993 constitutional amendment already holds that Texas can adopt a state income tax only if voters approve and that the money would go for the “support of education.”

But Senate Democrats on Monday sparred with Republicans over a seemingly arcane bit of language that could carry big budget implications.

The resolution says that the Legislature may not impose a net income tax on “individuals.”

Democrats, pointing to an analysis by the state’s nonpartisan Legislative Budget Board, said that could be interpreted by courts to apply to businesses, especially because the measure’s language uses that term rather than “natural persons,” which is often used in statutes.

The business levy, long a target of Republicans eager to shave taxes, brings in about $8 billion per biennium, helping to fund public schools.

“The term ‘individuals’ is not defined and could be interpreted to include entities that are currently subject to the state’s franchise tax,” the Legislative Budget Board analysis reads. “To the extent the joint resolution might exempt some entities from the franchise tax, there could be a loss to state revenue.”

[…]

Earlier during the debate, [author Sen. Pat] Fallon said the constitutional amendment would firm up the state’s opposition to income tax.

“I’m always in fear of an income tax,” he said. “Every day I wake up, the thought of Texas having an income tax makes me shudder. Physically shudder, not metaphorically.”

Seriously? Mere words cannot adequately express my reaction to Sen. Fallon’s delicate sensibilities, so mark me down as being somewhere between here and here. I do hope you sleep better tonight, Senator, and if not I recommend warm milk and a bedtime story, preferably one with a happy ending. As for my reaction, here it is:

“Why would pesky LBB fiscal facts be any help when discussing a major source of state revenue for schools?” Eva DeLuna Castro, a budget analyst with the left-leaning Center for Public Policy Priorities, wrote on Twitter. “I mean, it’s not as if major business conglomerates have highly paid tax lawyers waiting in the wings to explain why they are ‘individuals’ too.”

What could possibly go wrong? The Trib and the DMN have more.

Of course there are bills to do something with that bogus SOS advisory

What else did you expect?

Still the only voter ID anyone should need

Among other things,  Senate Bill 960 and Senate Bill 953, filed late last week, would require voter registrars across the state to kick every person off the voter rolls who at one point said they were not a citizen to any government agency.

Beth Stevens, voting rights program director with the Texas Civil Rights Project, said the bills could potentially reduce “protections that a voter has to address a claim that they are a noncitizen.” The nonprofit is one of many groups challenging the state’s effort in court.

“It further adds an element of intimidation of voter registrars,” she said.

[…]

If enacted, SB 960 and SB 953 would require registrars to immediately remove flagged voters from voter rolls. The bills wouldn’t require registrars to notify individuals their citizenship was being questioned. SB 960 would also subject any registrar who does not immediately remove those voters to a civil penalty and a possible Class A misdemeanor charge.

SB 960 would also give the Attorney General’s office the power to petition a court to remove a registrar from office if he or she does not kick those voters off the rolls.

“These two bills – and particularly SB 960 – are very much voter suppression on their face,” Stevens said.

SB 960 was filed by state Sen. Paul Bettencourt, a Republican from Houston. Bettencourt did not respond to a request for comment. He did, however, weigh in on the issue last year and admonished local officials for not pursuing and removing alleged noncitizens from voter rolls.

“This really strikes at the fabric of the integrity of the whole election process,” Bettencourt said in a written statement last June. “The fact is that non-citizens simply cannot vote in our elections.”

SB953 was authored by Sen. Pat Fallon. Of course Bettencourt would have a hand in this. He made his bones as Harris County Tax Assessor finding many creative and legally questionable ways to purge voters he didn’t like. There’s a reason why voter registration numbers in the county were flat for so long. Whether this particular ploy will work or not remains to be seen. These bills can probably pass if the leadership wants them to, but in the absence of a push they may die the usual death by natural causes. I’ll try to keep an eye on them.

We really need to replace our crappy old voting machines

This is embarrassing.

Local election administrators in Texas are eager to replace voting machines purchased more than a decade ago in time for the 2020 presidential election. Increasingly susceptible to malfunctions, upkeep for the aging machines can exceed $300,000 annually in the biggest counties. Election experts have also raised security concerns about the paperless electronic devices used in most of the state.

The little help Congress has offered comes in the form of recent funding that will be used for cyber updates and training, not voting machines. And state leaders have shown no interest in chipping in, even as scrutiny over the security of the country’s election systems ratchets up in the face of Russian attacks.

In 2017, budget writers in the Texas Legislature seemed lukewarm to the idea of replacing aging equipment. Legislation that would have created a state fund for new voting equipment died without getting a committee vote in the House. The bill received a late-session hearing during which one lawmaker on the panel, Representative Pat Fallon, R-Frisco, asked county officials to shorten their testimony because a college basketball championship game had just tipped off.

“I hope we don’t have to wait until a crisis, but we are walking on thin ice when it comes to the integrity of our voting machines,” said state Representative Celia Israel, an Austin Democrat and the sponsor of the 2017 legislation.

More than 200 of Texas’ 254 counties still need to replace their voting machines and it appears unlikely that all will be able to do so in time for the next presidential election. The full price tag, according to election officials, is around $350 million — and local officials are having to find inventive ways to cover the costs. Travis County, for example, is expected to announce the winner of a new voting machine contract this week and plans to sell local bonds to come up with the anticipated $15 million.

The situation has grown dire. Some counties are using equipment that’s no longer manufactured. Machine failures are growing more common and it’s becoming harder to find replacement parts. County workers often have to scour eBay and Amazon to locate bygone tech relics such as as Zip disks and flash drives compatible with older machines.

Yeah, ZIP drives. Remember them, from the 90s? If you are relying on this kind of technology today, You Are Doing It Wrong. There’s no excuse for this – even if one thinks the counties should pay for the upgrades themselves, the cost cited in that penultimate paragraph is something like 0.3% of the state’s annual expenditures. It would be super easy to solve this if we gave a shit, but clearly our Republican leaders do not. But hey, I’m sure nothing bad will ever happen.

2018 primary results: Legislative

Rep. Sarah Davis

Statewide Dem totals
Statewide GOP totals

Harris County Dem totals
Harris County GOP totals

(Please note that all results were coming in very slowly. I expect there will still be some precincts not yet reported by the time this publishes. So, I’m going to be less specific than usual, and may have to make a correction or two by Thursday.)

I’m gonna lead with the Republicans this time. Sarah Davis and Lyle Larson, both viciously targeted by Greg Abbott, won their races easily. Sarah, here’s that picture I mentioned before. Also, too, the anti-vaxxers can suck it (in this race; they unfortunately appear to have claimed a scalp elsewhere). Abbott did manage to unseat the mediocre Wayne Faircloth, who was the most conservative of his three targets. Party on, Greg!

Back to the good side: Rita Lucido was leading Fran Watson in SD17, but was short of a majority. Beverly Powell won in SD10, Wendy Davis’ old district. Mark Phariss was leading in SD08, but it was too close to call. On the Republican side, Rep. Pat Fallon destroyed Sen. Craig Estes in SD30, but Sen. Kel Seliger beat back the wingnuts again in SD31. Sen. John Whitmire won easily. Joan Huffman easily held off Kristin Tassin on her side of SD17. And Angela Paxton won in SD08 over the lesser Huffines brother. Apparently, two Paxtons are better than one, and also better than two Huffineses.

Other incumbents in both parties had more trouble. On the D side, longtime Rep. Robert Alonzo lost to Jessica Gonzalez in HD104; her election increases the number of LGBT members of the Lege by one. First term Rep. Diana Arevalo lost to former Rep. Trey Martinez-Fischer in HD116, and first-term Rep. Tomas Uresti, no doubt damaged by his brother’s legal problems, lost to Leo Pacheco. And Dawnna Dukes’ odyssey came to an end as challengers Sheryl Cole and Chito Vela both ran way ahead of her. Other Dems, including (sigh) Ron Reynolds hung on, though Rep. Rene Oliveira was headed to a runoff with Alex Dominguez in HD37. For the Rs, Rep. Jason Villalba was going down in HD114 – he was an anti-vaxxer target, though there were other factors in that race, so it sure would be nice for Dems to pick that one off in November. Rep. Scott Cosper was headed to a runoff in HD54. Other incumbents, including those targeted by the extreme wingnut coalition, made it through.

For Harris County, the following challengers won: Natali Hurtado (HD126; she celebrated by going into labor, so double congratulations to her), Gina Calanni (HD132), Adam Milasincic (HD138). Sandra Moore was briefly above 50% in HD133, but ultimately fell back below it to wind up in a runoff with Marty Schexnayder. Allison Lami Sawyer had a slightly easier time of it, collecting over 90% of the vote against the idiot Lloyd Oliver. Maybe, just maybe, this will be enough to convince Oliver that his run-for-office marketing strategy has come to the end of its usefulness. Sam Harless was on the knife’s edge of a majority in HD126 on the R side; if he falls short, Kevin Fulton was in second place.

There will be a few runoffs in other races around the state. I’ll get back to that another day.

Two GOP State Reps seek Senate promotions

Item One:

Rep. Cindy Burkett

State Rep. Cindy Burkett, R-Sunnyvale, launched a challenge Tuesday to state Sen. Bob Hall of Edgewood, setting up a Republican primary clash in North Texas.

“I am proud of what I have accomplished for Texas and for all people who share my conservative values,” Burkett said in a news release. “Serving in the Texas Senate will allow me to continue and expand this work.”

Burkett is serving her fourth term in the House, where she chairs the Redistricting Committee. She first won election to House District 101 in 2010. After HD-101 was altered by redistricting in 2011, Burkett successfully ran for House District 113, which she currently represents.

Hall, a Tea Party activist, won the Senate District 2 seat three years ago in an upset victory over Bob Deuell, the Republican incumbent from Greenville. Burkett was once an aide to Deuell in the Senate.

[…]

At least two candidates are already running for Burkett’s seat in HD-113. They include Garland Republican Jonathan Boos and Rowlett Democrat Rhetta Bowers, both of whom unsuccessfully challenged Burkett in 2016.

This race is of interest for several reasons. First and foremost, HD113 is a top target next year. Like all Dallas County districts, it was carried by Hillary Clinton, but it was also very close at the downballot level. Having it be an open seat is likely to be better for the Democrats, and may possibly be a signal that the Republicans don’t like their prospects. Bob Hall is a dithering fool, but much of SD02 is outside Dallas County, and some of that turf may not be very hospitable to a suburban establishment type, especially one who is already talking about playing well with others. If Burkett means what she says, she could be a marginal improvement on Hall – the bar is pretty low here, as Hall is awful – but Burkett was the author of the regular session omnibus anti-abortion bill, so don’t expect much.

Item Two:

State Rep. Pat Fallon, R-Frisco, is making it official: He is challenging state Sen. Craig Estes, R-Wichita Falls.

“They just desperately want somebody new,” Fallon said of voters in Senate District 30, which Estes has represented since 2001. “It’s been 16 years — it’s going to be 18 years. They want a change. They don’t see him around.”

Fallon had been seriously mulling a Senate bid for months, crisscrossing the 14-county district in North Texas since at least the end of the regular legislative session in May. He first shared his decision to run Tuesday with a newspaper in SD-30, the Weatherford Democrat.

In an interview with the Tribune, Fallon said he was “shocked” to learn in his travels how many local officials view Estes as an absentee senator. Fallon, who loaned his campaign $1.8 million in June, also said he was prepared to “spend every dime and then some” to get his message out in the race.

“It’s a moral obligation,” he said. “We simply need in this district to close one chapter and open up a new one.”

Not much to be said about this one. Estes is basically a waste of space, while Fallon is more of a new school jackass. Neither district is competitive. Someone will win the race, but no one will truly win.

Finally, along those same lines, Angela Paxpn – wife of you-know-who – has officially announced her candidacy for SD08, where she will face off against Phillip Huffines, brother of Sen. Don Huffines. We first heard about this a couple of weeks ago. With any luck, Huffines will spend a bunch of his money attacking Angela Paxton by attacking Ken Paxton. Surely that’s not asking for too much.

The “run over a protester” bill

This was from a day or two after the racist violence in Charlottesville, which included the vehicular murder of a counterprotester.

Rep. Pat Fallon

Last month, Rep. Pat Fallon filed legislation to protect motorists who hit demonstrators “blocking traffic in a public right-of-way” if the driver exercises “due care.” House Bill 250 would protect drivers against civil liability only but would not lessen criminal penalties for deadly hit-and-runs, a second-degree felony in Texas.

Fallon’s bill has no chance of passing this summer. Lawmakers are scheduled to gavel out the month-long summer special session on Wednesday without even holding a hearing on the measure.

Nevertheless, by Monday morning, the Frisco Republican said he’d received “hundreds” of angry responses from people upset over the events this weekend in Virginia, especially the death of Heather Heyer, a 32-year-old protester struck and killed by a driver who also injured at least 19 other people.

James Alex Fields, a 20-year-old Ohio man who rallied with white supremacist groups on Saturday, has been charged with her murder as well as malicious wounding and failing to stop at a crash site that resulted in a death. Fallon said his legislation would not have protected someone like Fields from criminal charges. He blasted the white supremacists who gathered in Charlottesville.

“Any jackass that thinks they’re going to be cool because they’re a Nazi, are you serious?” Fallon told The Dallas Morning News. “There’s no room for that,” he added, calling Heyer’s death “horrific.”

Fallon added he was “incredibly offended” that people tied his bill to Fields and those like him.

[…]

Representatives with the ACLU in Texas and North Carolina, where similar legislation is being debated, said Fallon’s bill was intended to discourage free speech and assembly.

“The flavor and tenor of this is to quell protest,” said Karen Anderson, executive director of the ACLU of North Carolina. “It is to essentially set up a structure where you protest at your own risk (and) there is a shield for motorists who choose, which happened just recently, to use their vehicle as a literal bludgeon.”

She expressed concern over why the proposal does not define “due care,” and questioned how protesters could prove they were hit intentionally if there was no video footage of the incident, like there was in Charlottesville.

Matt Simpson, a police specialist with the ACLU of Texas, acknowledged Fallon’s bill would not lessen criminal penalties for drivers who intentionally kill pedestrian protesters. But he said the bill would be difficult to implement if it became law and would send “a terrible message” to Texans.

“This is obviously more symbolic than meaningful,” said Simpson. He said he was unaware of anyone who had sued a Texas driver who accidentally hit protesters. “This seems like a solution in search of a problem.”

Seems like there’s a lot of that these days. Rep. Fallon pitched a fit when people pointed out his bill and the potential it had for making life easier for someone who might feel the need to dish out a little four-wheeled havoc. Maybe don’t file such morally vacant bills in the future? Just a thought. All I can say is that if he files the same thing in 2019, he’ll definitely have learned nothing from this experience.

The bigger threat than the Plano petitions

This could be a big problem.

RedEquality

Four Republican lawmakers from the Plano area plan to introduce legislation that would bar cities and counties from adopting ordinances prohibiting discrimination against LGBT people, the Observer has learned. The proposed legislation also threatens to nullify existing LGBT-inclusive nondiscrimination ordinances in cities that are home to roughly 7.5 million Texans—or more than one-quarter of the state’s population.

The bill comes in response to the Plano City Council’s passage last month of an equal rights ordinance banning discrimination based on sexual orientation and gender identity in employment, housing and public accommodations.

“There is legislation that’s being worked on,” Rep. Matt Shaheen (R-Plano) told a group of pastors who gathered in mid-December at Plano’s Prestonwood Baptist Church in response to passage of the city’s equal rights ordinance, according to an audio recording obtained by the Observer.

[…]

Texas Pastor Council Executive Director David Welch, whose group is leading efforts to repeal equal rights ordinances in Plano and Houston, told the Observer the legislation would prohibit political subdivisions of the state from adding classes to nondiscrimination ordinances that aren’t protected under Texas or federal law—neither of which covers LGBT people.

“It should be a uniform standard statewide, and cities can’t just arbitrarily create new classes that criminalize a whole segment of the majority of the population,” Welch said. “It’s just self-evident that they’re going to try to do it city by city. We’re dealing with a broad public policy that creates criminal punishments. That’s a pretty serious issue, and when it’s based on a special agenda by a small, tiny fragment of the population … that’s a legitimate need and reason for the state Legislature to act.”

As I say, this as yet unfiled bill is a bigger threat than the petitions and the proposed constitutional amendments, since this would only need majority support to pass and would surely be signed into law by Greg “Local control means me in control” Abbott. I suppose we could hope that the business community, which is generally very favorable to municipal NDOs, might apply some pressure in Austin to stop this in its tracks. Given how effective they’ve been at dissuading their Republican buddies from doing other things they don’t like – you know, killing immigration reform, slashing funds for education and infrastructure, that sort of thing – it’s not a strategy I’d want to be dependent on.

Currently, the only state with a law prohibiting cities from enacting LGBT nondiscrimination ordinances is Tennessee. The Tennessee law, passed in 2011, prompted a lawsuit from the National Center for Lesbian Rights, but a state appeals court recently dismissed the case, saying plaintiffs didn’t have standing because they couldn’t show harm.

Shannon Minter, a Texas native who serves as legal director for the National Center for Lesbian Rights, said he now plans to file a federal lawsuit challenging the Tennessee ban.

Lawmakers in several other states have introduced proposals to ban local nondiscrimination ordinances, but none has passed. Minter said in the last few years anti-LGBT lawmakers have shifted to a religious freedom approach to counter local nondiscrimination ordinances because the strategy is more appealing politically.

“Because the Tennessee-style bill is so punitive toward all localities, I think that it’s so blatantly taking democratic power away from local governments that legislators just don’t have the stomach to do it,” Minter said.

The lawsuit challenging Tennessee’s law was based on the U.S. Supreme Court’s 1996 decision in Romer v. Evans, which struck down a Colorado law banning local protections based on sexual orientation. Authors of the Tennessee bill attempted to to get around Romer v. Evans by enacting a general prohibition on classes that aren’t covered under state law, rather than specifically targeting LGBT protections. However, Minter believes the law is still unconstitutional.

“Legislatures are not permitted to enact laws that are designed to disadvantage a particular group, and it’s as clear as it could possibly be that the purpose of these laws is to prevent gay and transgender people from gaining local anti-discrimination protections,” he said.

Tennessee lawmakers introduced the legislation in response to a nondiscrimination ordinance in one city, Nashville, and Minter said the Texas proposals broader impact would also make it more vulnerable to legal challenges.

Yes, there’s the courts. One can’t know how that might play out, and even if one felt confident that any such law would be unconstitutional on its face, these things take time and cost money and leave a lot of people in harm’s way in the interim. These are the consequences of not winning enough elections. Keep your state rep on speed dial, you’re going to need to let him or her know how you feel about this. Texas Leftist and Unfair Park have more.

House passes redistricting bills

They accepted a couple of amendments but otherwise the process wasn’t much different from the Senate or the House committee.

A daylong debate on redistricting maps in the Texas House drew frustration from Democrats and growing concern from Republicans on Thursday as House leaders agreed to some amendments to one of the maps.

Gov. Rick Perry called the 83rd Legislature into special session in hopes it would ratify — without changes — the interim redistricting maps that a panel of federal judges drew for use in the 2012 elections. The Texas Senate did that earlier this month. But the House deviated, adopting three amendments on the state House district map moments after gaveling in.

The chairman of the House Select Committee on Redistricting, Drew Darby, R-San Angelo, told members from the start that he would be accepting “small, necessary tweaks” to the maps providing they meet specific criteria — unite communities of interest, are agreeable to members of neighboring districts and are in accordance with the Voting Rights Act and the U.S. Constitution.

In a matter of minutes, Darby approved, and the House adopted three such amendments. Two would swap out precincts between members of neighboring House districts. A third, by state Rep. Richard Peña Raymond, D-Laredo, brings all of Texas A&M International into his district.

Beyond that, state Rep. Jim Keffer, R-Eastland, was among a handful of members who began questioning Darby, puzzled as to why amendments were being accepted when, he said, members had been told “any change made would open the door for other problems.” He also cited the fact that the amendments hadn’t come through committee.

Darby restated his criteria, adding that the amendments he’s accepting don’t impact geography or the demographic makeup of districts. With that, more members began filing amendments. Two more, which also swap out precincts between neighboring districts, were adopted.

Those were the only three that were accepted. I commend you to read Greg and Texas Redistricting for the full blow-by-blow; see also this post for the map that was planned.

Three points of interest. One, not all redistricting fights fall along party lines.

“You’re a liar,” state Rep. Pat Fallon of Frisco yelled at his colleague, state Rep. Bennett Ratliff of Coppell.

Other House Republicans tried to hush Fallon, but his fury wouldn’t ebb.

“Touch your buddy Gene because you’re in the same party as him,” a red-faced Fallon loudly continued, as Ratliff walked away and placed a hand on state Rep. Gene Wu, D-Houston, as he passed by.

Asked a few moments later what the dust-up was all about, Fallon said simply, “Forgot.”

The hollering could have stemmed from a quiet dispute brewing during the redistricting debate. On Thursday afternoon, some tea party-affiliated members of the House had been upset about an amendment that removed one of Ratliff’s primary opponents from his district. The amendment, which passed earlier in the day without much trouble, put tea party favorite Matt Rinaldi into the safely Democratic district of state Rep. Rafael Anchia, D-Dallas.

Temper, temper. And I must say, I too would buy a Touch Me, I’m Gene Wu’s Buddy t-shirt, too. Someone get on Cafepress.com and make this happen, OK? Oh, and as Greg says, I’d take Bennett Ratliff for my team if the Rs don’t want him, too.

Two, the ball is now in the Senate’s court.

The Senate, which is scheduled to meet Friday, still has to sign off on changes made Thursday by the House to its maps before sending the bills to Perry for his signature. Sen. Kel Seliger, the upper chamber’s redistricting chief during the special session, has said he plans to accept changes the House makes to their political boundaries.

I guess it wouldn’t have killed them to accept some cleanup amendments after all.

And three, the missing man makes an appearance:

MALC chair State Rep. Trey Martinez Fischer and African-American and Hispanic members asked the AG to have someone testify at redistricting hearings. But the AG’s office ignored those requests and redistricting committee chair, State Rep. Drew Darby, said that he would not use subpoena power to require attendance.

In fact, Darby said today in response to questioning that he never even asked the AG’s office to come testify voluntarily.

All that might be logical if the AG’s office took that position that it was the office’s job to defend whatever maps emerged, not to give advice on them.

But that doesn’t appear to be the case. Instead, Abbott’s office appears to have met with the House Republican caucus on at least two occasions, including today during an early afternoon break in floor action.

And after emerging from today’s meeting – reportedly with Abbott’s chief deputy – House Republicans seem to have experienced a major sea change in their willingness to accept even minor agreed amendments, such as one offered by State Rep. Joe Moody (D-El Paso) to adjust for the fact that a mountain runs oddly through HD 77 in El Paso. Whereas before the break, redistricting chair Darby had agree to five relatively minor amendments (one of which was proposed to unite a parking lot at Texas A&M International with the school itself), afterwards he would take none.

Now, since what was said in the meeting isn’t known, it’s not clear that advice from the AG’s office caused the change. But it’s at least a little awkward – both legally and optically – that the AG’s office seems to be acting as counsel for the Republican caucus rather than the Legislature or the state as a whole.

It also seems to have left the Legislature in a precarious position legally.

Too chicken to talk to non-Republicans, I guess. Or maybe he’s just forgotten how. But at least he’s consistent. Go read the rest of that post, it’s all good.

And again, now that redistricting is done for the day, the House can be like the Senate and get to what really animates them, which is making life miserable for women.

House Bill 60 would ban abortions after 20 weeks of pregnancy, require doctors providing abortions to have admitting privileges at hospitals within 30 miles, require abortion clinics to meet the same standards as ambulatory surgical clinics, and regulate how doctors administer pills for medical abortions.

HB 60 would originally have required women receiving medical abortions to take the Food and Drug Administration’s recommended dosage, which physicians have said is dangerously high. The committee substitute introduced in the hearing reduced the dosage to that recommended in obstetrician-gynecologist guidelines.

The bill’s Senate version, Senate Bill 5, passed Tuesday night after an amendment removed the 20-week ban. State Rep. Jodie Laubenberg, R-Parker, who sponsored the House legislation, has said she hopes to revive the ban in the Senate by passing HB 60.

State Rep. Jessica Farrar, D-Houston, questioned Laubenberg about the justifications for the 20-week ban, which is premised upon research that suggests fetuses at 20 weeks of gestation can feel pain. Though research indicates fetuses respond to stimuli at that point of pregnancy, there is no consensus on whether they feel pain.

Farrar also asked whether HB 60 would deprive women of choice, to which Laubenberg responded, “The Legislature should err on the side of life, not death.”

[…]

Rep. Rene Oliveira, D-Brownsville, asked why the legislation included no exception for cases of rape or incest.

Rape is “a horrible violation to a woman,” Laubenberg said, adding that the state should focus on punishing the perpetrator but still not allow abortion if the fetus is past 20 weeks.

[…]

Matthew Braunberg, an ob-gyn from Dallas, said the legislation would needlessly limit women’s access to abortions despite what he said were decreased medical risks, compared to carrying a pregnancy to term.

“The last thing we want is for them to go to Doctor Google to figure out how to do this,” he said.

Carol Everett, an anti-abortion advocate, said the bill would help women by raising standards for abortions.

“This is a health protection for her,” she said.

I think David Dewhurst let the cat out of the bag on that, Carol. Kudos for sticking to the script regardless. Maybe someone should tell Rep. Laubenberg that if this bill passes and a bunch of clinics close because they can’t meet the needlessly onerous requirements that HB60 would impose, then an awful lot more women are going be be horribly violated, since there wouldn’t be any place for them to get an abortion before 20 weeks anyway. But hey, it’s all about protecting women, since they obviously don’t know what’s best for themselves. Besides, rape victims don’t get pregnant anyway, am I right? Pro-choice advocates are hoping to run out the clock, which has as much hope as any other strategy. Good luck gumming up the works, y’all.