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Poncho Nevarez

Going beyond “thoughts and prayers”

There are things we could do to reduce the prevalence of gun violence, if we wanted to.

At a news conference organized by Texas Gun Sense at the state capitol on Wednesday, state Reps. Poncho Nevárez, D-Eagle Pass, and Nicole Collier, D-Fort Worth, urged state leaders to declare gun violence a public health issue and reform existing gun regulations.

Nevárez proposed limiting the ability of Texans to “walk around” with long rifles, such as the AR-15 variant used by the shooter Sunday. Texas has allowed long gun owners to openly carry their weapons for decades.

Collier urged state leaders to declare gun violence a public health issue, comparing it to other health crises such as obesity and the opioid epidemic. She also denounced those, such as President Donald Trump, who have focused on addressing mental health issues following the shooting rather than guns themselves. While acknowledging mental health plays a critical role in gun violence, she said focusing entirely on mental health is a “distraction” from the role of easy access to guns and “stigmatizes” those with mental health issues.

“If any other consumer product resulted in a fraction of the injuries and deaths [that guns do],” Collier said, “we would be scrambling to find solutions.”

State Rep. Gina Hinojosa, D-Austin, was also at the news conference and spoke briefly about a list she authored of steps to prevent gun violence. Her suggestions include increasing public education on safe gun usage and requiring a license to carry long guns.

The press conference came a day after state Rep. Jason Villalba, R-Dallas, urged state leaders to create a bipartisan commission tasked with recommending “common sense” gun reforms ahead of the next scheduled legislative session in 2019.

Like Rep. Nevárez, I don’t think we need a commission to come up with reforms. There are plenty of good ideas already out there. If you can assure me that any reforms put forward by such a commission would get the support of the leadership in the next session, then sure, go ahead, but usually the creation of task forces like that are a substitute for action, not a catalyst for it. I don’t expect even weak sauce like that to get support as thing stand today, so the path forward, as always, is to elect more legislators like Collier, Nevárez, and Hinojosa. At the end of the day it’s a numbers game, and our numbers need to be bigger.

House passes Voter ID 2.0

Some minor changes, but the same basic idea.

Still the only voter ID anyone should need

The Texas House on Tuesday tentatively approved legislation to overhaul the state’s embattled voter identification law, moving it one step closer to Gov. Greg Abbott’s desk.

Senate Bill 5 would in several ways relax what some had called the nation’s most stringent ID requirements for voters — a response to court findings that the current law discriminated against black and Latino voters.

The 95-54 vote followed a six-hour debate that saw fierce pushback from Democrats, who argued the legislation wouldn’t go far enough to expand ballot access and contains provisions that might discourage some Texans from going to the polls. Democrats proposed a host of changes through amendments, a few of which surprisingly wriggled through.

Tuesday’s vote was part of flurry of last-minute efforts to salvage a bill that languished in the House for nearly two months, worrying Republican leaders who believed inaction would torpedo the state’s position — and bring down federal election oversight — in ongoing litigation over the current ID law.

[…]

Before it reaches Abbott, the bill must return to the Senate, which must weigh seven House amendments or request a conference committee to squabble over each chamber’s legislation. One amendment would allow voters to present IDs that had been expired for four years, rather than two years, as the Senate bill would. Another would require the secretary of state to study ways to boost the state’s perennially low voter turnout, and a third amendment would require the secretary of state’s office to reveal details — currently withheld — about its spending on voter education efforts.

Democrats said the amended SB 5 would not pass legal muster, arguing lawmakers should instead scrap all vestiges of the 2011 law.

“We’re in for a long, hot summer of having to defend this in court,” said Rep. Alfonso Nevárez, D-Eagle Pass. “And guess what? We’re going to lose again.”

See here for the background. I agree with Rep. Nevarez. Changing how voter ID is enforced now has no bearing on the intent of the law when it was passed. That can’t be fixed by amending the law. I grant, the state will have a better defense with SB5 on the books, but I’m skeptical and Judge Ramos ought to be as well. The Chron has more.

MALDEF sues over provision of border bill

Worth watching.

The Mexican American Legal Defense and Educational Fund, or MALDEF, filed suit Sunday against Gov. Greg Abbott, Texas Department of Public Safety Director Steve McCraw and the Texas Public Safety Commission, which oversees the DPS. The group alleges that the state has violated the U.S. Constitution’s Supremacy Clause because immigration enforcement is only a federal responsibility. The lawsuit, filed on behalf of two San Antonio landlords and the director of an immigrant services agency, also says the new provision violates the plaintiffs’ guarantee to due process.

The provision in question is part of House Bill 11, a sweeping border security measure that went into effect in September.

Under that provision, people commit a crime if they “encourage or induce a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.”

MALDEF said the law was “enacted on dubious advice” because lawmakers were warned that the harboring provision would not withstand a constitutional challenge.

“The U.S. Supreme Court, as well as federal courts in Arizona, Alabama, Georgia, Pennsylvania, and South Carolina have all struck down, as unconstitutional, state-enacted immigrant harboring laws like the one in HB 11,” Nina Perales, MALDEF’s vice president of litigation and the plaintiffs’ lead counsel, said in a statement. “Texas already has enough laws to protect us from human smuggling without targeting religious and nonprofit organizations that care for immigrants.”

[…]

Perales said recent testimony by McCraw at the state Capitol made filing the litigation more urgent.

“We do know from public statements that were made by Director McCaw that they are moving forward to implement the harboring law so now was the time to challenge it,” she said.

The lawsuit specifically cites McCraw’s testimony from last week where he told lawmakers about the agency’s preparations to further implement HB 11.

“Yes, we’ve educated [and] we’ve trained,” the filing quotes McCraw as telling the committee.

TrailBlazers has a copy of the lawsuit and some further detail.

Lawmakers said their goal was to target those engaged in the criminal business of smuggling. But codifying that intent proved difficult, as many raised concerns that pastors, immigration-rights groups and others could be roped in with felony charges.

“The bill that was filed … didn’t account for a lot situations that could put family members or people innocently going about their day in the sights of prosecution,” said Rep. Poncho Nevarez, D-Eagle Pass.

So Republicans and Democrats – along with a spate of attorneys – teamed up to allay those concerns.

They ended up focusing on those who “encourage or induce a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.” The person would have to have the intent of obtaining financial gain.

That work helped the bill receive significant Democratic support. But it didn’t erase all worries.

“We needed to rifle shot that thing a little bit more,” said Nevarez, who worked on the language and still voted for the bill. “We tried, and it may be that this lawsuit is a good way of showing us how we need to tailor the statute a little bit better.”

[…]

The MALDEF suit focuses on two landlords – one in Farmers Branch – who don’t ask their tenants to prove their immigration status before renting, along with an aid group that provides shelter and legal services to those who are in the country illegally.

Rep. Joe Moody, an El Paso Democrat who also worked on the bill , said a prosecutor would be “ill-advised” to pursue those cases. He added: “The goal was to be precise in targeting people that were part of smuggling networks, part of a criminal element.”

That’s certainly a reasonable goal, but it sounds like it may not have been met. We know that immigration issues will be on the front burner for the 2017 Legislature, though much of that is about pandering and fearmongering. If we can get past that, perhaps this issue can be addressed constructively, whether or not the court has ruled on it by then. I hope so, anyway. The Current has more.

Filibuster threat for open carry

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

Sen. Jose Rodriguez

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[…]

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

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

Budget passes House as most amendments get pulled

It was a long day in the House on Tuesday and Wednesday but not a terribly bloody one as many of the budget amendments and riders that had been queued up got withdrawn. A brief recap of the action:

Border “security”:

BagOfMoney

House Democrats tried — and mostly failed — to divert funds allotted for border security and the Texas Department of Public Safety to other departments during Tuesday’s marathon budget debate.

But the rancor over immigration enforcement that many expected didn’t materialize after lawmakers agreed to pull down amendments that, if debated, would have aired ideological differences over the contentious issue.

After predicting a “bloody day” on the House floor, state Rep. Jonathan Stickland, R-Bedford, pulled an amendment that would have reduced the appropriations for a public college or university by the same amount that it awarded in grants or financial aid to undocumented students.

Last month, Stickland expressed frustration over the lack of traction for a bill he filed to eliminate a 2001 provision that allows undocumented immigrants in-state tuition.

But on Tuesday, Stickland, with little attention or fanfare, withdrew the amendment after discussions with lawmakers.

“We did some negotiations,” he said.

An amendment by state Rep. Tony Tinderholt, R-Arlington, that would have defunded the state’s Border Faculty Loan Repayment Program, which was created to help keep doctoral students on the border to teach, was also withdrawn with little attention.

On the funding, Democrats made good on their promises to try and take money from border security operations, which was at about $565 million when the day began, to local entities or other state departments.

[…]

One border lawmaker had tentative success in transferring money from DPS to his district for local law enforcement grants. An amendment by state Rep. Alfonso “Poncho” Nevarez, D-Eagle Pass, would take $10 million from the agency for that effort. But it’s contingent upon another measure — Republican state Rep. Dennis Bonnen’s House Bill 11, an omnibus border security bill — making it to Gov. Greg Abbott’s desk and getting signed.

Republicans had a bit more success in shifting money.

State Rep. Dan Huberty, R-Houston, was able to direct money into the state’s military forces for paid training for Texas’ 2,300 members of the reserve unit.

“Most of them reside in most of our districts, and we have zeroed out money for training,” he said.

But the success came after a lengthy back and forth between Huberty and members upset at where the funds would be taken from. Huberty offered one amendment that would have taken $2.2 million from the Texas Agriculture Department. That didn’t sit well with Democrat Tracy King, D-Batesville, the chairman of the House Agriculture and Livestock Committee. Huberty eventually pulled that amendment and instead took $2.2 million from the Texas Facilities Commission.

Huberty specified on Monday that the money is not intended to extend the Texas National Guard’s deployment on the Texas-Mexico border.

The Senate wants to spend even more money on the ridiculous border surge, so this fight is far from over. The fact that this is a complete boondoggle that makes the rest of the state less safe, it’s one of the few things that certain legislators actually want to spend money on.

The voucher fight was similarly deferred.

A potentially contentious vote on a measure that would have banned spending public money on school vouchers was avoided after its author withdrew the amendment.

Rep. Abel Herrero (D-Corpus Christi) said he pulled the amendment because it wasn’t necessary.

“Given the commitment of the House to supporting public education, I felt this amendment was duplicative,” Herrero said. It also would have forced some lawmakers to take a difficult vote, caught between turning their backs on their district’s public schools and potentially earning the ire of conservative interest groups.

A coalition of Democrats and rural Republican lawmakers has coalesced during the past two decades to defeat voucher legislation. Herrero said the anti-voucher coalition is still strong.

“The coalition is solid,” Herrero said, “Vouchers for all intents and purposes are dead in the House.”

The coalition may be strong, but Texas Republican Party Chairman Tom Mechler is working to weaken it. Mechler sent a letter to GOP legislators Tuesday pushing them to vote against Herrero’s amendment.

If you followed the budget action on Twitter, this was the first major amendment to get pulled, and it was a sign of things to come. Attention will shift to Public Education Chair Jimmie Don Aycock when that loser of a bill passes the Senate.

Finally, you knew there had to be a moment that would be worthy of the Daily Show and the kind of viral mockery that makes us all heave deep sighs. Sure enough:

Seven hours into Tuesday’s debate on the House’s $210 billion two-year budget, things got first heated and then uncomfortable as state Rep. Stuart Spitzer, R-Kaufman, successfully pushed an amendment to move $3 million from HIV and STD prevention programs to pay for abstinence education.

A line of opponents gathered behind the podium as Spitzer laid out his amendment and proceeded to grill, quiz and challenge the lawmaker on his motives.

“Is it not significant that Texas has the third-highest number of HIV cases in the country?” state Rep. Sylvester Turner, D-Houston, asked. “Does it bother you to know there are people walking around with HIV, undiagnosed?”

Turner and Spitzer also had an exchange over how Spitzer had arrived at his price tag. “If we gave you a billion dollars for abstinence, would that be enough?” Turner asked. “Or would you need two?”

[…]

Texas allows school districts to decide whether and how to approach sex education, as long as they teach more about abstinence than any other preventive method, like condoms and birth control. But a number of representatives questioned the effectiveness of this program.

State Rep. Chris Turner, D-Grand Prairie, pointed out that the state currently has one of the highest rates of teen pregnancy in the country, and the single-highest rate of repeat teen pregnancy.

“It may not be working well,” said Spitzer, in reference to the current abstinence education program. “But abstinence education is HIV prevention. They are essentially the same thing.”

State Rep. Harold Dutton Jr., D-Houston, took to the podium and asked Spitzer, “Were you taught abstinence education? Did it work?”

Spitzer replied that he was a virgin when he married at age 29. “I’ve only had sex with one woman in my life, and that’s my wife,” Spitzer said.

Dutton continued. “And since you brought it up, is that the first woman you asked?”

“I’m not sure that’s an appropriate question,” Spitzer responded.

The House was called to order, and Rep. Nicole Collier, D-Fort Worth, took the microphone. “Earlier you stated that you could not get STDs without having sex,” she said.

“It depends on what your definition of sex is,” said Spitzer. “I can go through of all of this if you want to.”

“If you still think you can’t get an STD without having sex, then maybe we need to educate you,” Collier added.

Spitzer’s amendment ultimately passed 97 to 47.

Spitzer is a medical doctor, because having one Donna Campbell in the Lege just wasn’t enough. He must have been absent the day they went over how intravenous drug use is a frequent means of transmission for HIV. This is another lesson the state of Indiana could teach us if we cared to pay attention. The Observer, Nonsequiteuse, RG Ratcliffe, Trail Blazers, and Newsdesk have more.

Some are elected to do things, others are elected to not do things

Meet the opposite ends of the spectrum in the Legislature.

Not Ted Cruz

Not Jonathan Stickland

They were the freshest of the freshmen — the two youngest members of the largest freshman class of the Texas House in 40 years. And even before they took office, Mary González, an El Paso Democrat who will turn 30 in October, and Jonathan Stickland, a tea party Republican from the Fort Worth suburbs who will be 30 in September, each had made a defining declaration.

Stickland announced his ambition to compile the most conservative voting record of any member of the Texas House. “It’s time to do battle,” he said.

And González, uncomfortable with the imprecision of being described as the first openly gay woman to be elected to the Texas Legislature, announced to the Dallas Voice that she was actually “pansexual.” She explained that gender isn’t binary but a spectrum, and she has said that while her partner may be a lesbian, “I’m not.”

“Authenticity is important to me,” she said in a recent interview.

It was a breathtaking bit of sharing, especially for a representative who was from a socially conservative district and who was about to enter an institution that is dominated by an older generation of men and has had only one openly gay member — Austin’s Glen Maxey, who left the House a decade ago.

Though the 83rd Legislature ended its regular session just two weeks ago, it isn’t too soon to conclude that its two youngest members, in very different ways, had successful freshman seasons. Their experience offers a window into the sometimes surprising workings of the Legislature, and how novice members find their way amid the hurly-burly of the biennial mayhem, and why it is that a member of the board of the Texas organization for “queer people of color” might find herself more welcome than the darling of the Northeast Tarrant Tea Party.

[…]

Some of this might be the Seinfelds of informed opinion purposely placing the stocky Stickland in the role of Newman (“Hello, Stickland”) as an inviting target. But insults in Austin are music to the ears Stickland cares about back home. Think U.S. Sen. Ted Cruz.

“Has Ted Cruz ever passed a bill? I don’t think he has, but he’s one of the most influential and powerful senators, and he’s done it as a freshman,” said Stickland, who, in fact, passed a bill with state Sen. Wendy Davis, D-Fort Worth, to allow excused school absences for the children of active-duty military personnel. “Ted Cruz has become a sensation because of what he’s fought against and not what he’s fought for. People love him for it.”

Yes, I’m sure it’s now the fondest wish of Jonathan Sticklands everywhere to grow up to be Ted Cruz. No question, from reading the story or just generally following the news from the Capitol this year, Stickland had a lot of success with his mission to obstruct anything he didn’t like. If that’s what he wants out of being a legislator, and that’s what the people who elected him want out of him, then mission accomplished. I’m sure there will be some political opposition to his tactics back home, not to mention opportunities for payback among his colleagues if the people of Stickland’s district ever ask him to get a bill passed for them, but he’ll just turn that into fuel for his persecution complex, like every other straight white boy from the suburbs who’s convinced that he’s the real victim here.

On a much more pleasant and productive note, there’s fellow freshman Rep. Mary González, who was paired with Stickland in this article not just for their youth but also for their position on the political spectrum, with Stickland measuring as the most “conservative” member while González was the most liberal.

González’s success, which might have seemed even more unlikely, was her ability to surmount her exotic introduction, emerging from the session as the Mexican American Legislative Caucus freshman of the year, and, it seems from relationships she’s forged across party lines, something like the Miss Congeniality of the class of 2013. In her unique 140-day gestation in the Capitol hothouse, she seemed to find a way to become one of the boys without becoming one of the boys.

“It’s been a lot of hard work to go to 149 members to get them to go beyond their projections, beyond their stereotypes, beyond the stigma and beyond the boxes,” González said. “Hey, I’m getting a Ph.D. Hey, I grew up on a farm. Hey, I am so much more than the one thing, the only thing that people want to write about.”

Or, as state Rep. Poncho Nevarez, D-Eagle Pass, a fellow freshman who sits next to her in the House and represents an adjoining border district, put it, “Mary’s the only woman on this floor who can palpate a cow.”

“In heels,” adds González.

How the cow got into those heels…never mind. I was channeling Groucho Marx there for a minute. Carrying on:

Rep. Mary Gonzalez

Earlier in the session, state Rep. Byron Cook, R-Corsicana, who chairs the State Affairs Committee, serves on Calendars and sits diagonally behind her on the House floor, told her, “ ‘You’re basically the same age as my daughter, so you’re going to be my adopted daughter on the floor,’ and that’s kind of what we did. She’s a wonderful young lady to work with.”

Of Cook, said González, “I’m so surprised how close I have gotten to him.”

Asked to compare her approach to Stickland’s, Cook said, “I think you catch more bees with honey.”

And, unlike Stickland, González focused mostly on more targeted legislation for her district.

“We were able to get wastewater service to three colonias, sewerage to over 1,000 families in my district,” González said of the impoverished neighborhoods. “That’s amazing. No one is ever going to write about that, but I know what it means.”

“Mary is pretty much positive, not only a sunny disposition but a very positive person,” said state Rep. Richard Peña Raymond, a veteran Democrat from Laredo. “You get the sense with Jonathan that he’s just not very content with anything.”

[…]

When she showed up as a member of the Agriculture and Livestock Committee, Chairman Tracy King, D-Batesville, said he assumed she had gotten stuck with the assignment, but he was delighted to find out that she grew up in 4H, the daughter of a Texas A&M agricultural extension agent in El Paso, and that the committee had been her first choice.

“We developed a kinship sitting next to one another on the ag committee,” said state Rep. Kyle Kacal, R-College Station. “I like to judge people for myself, and we’ve formed an incredible relationship.”

[…]

For González, the real drama during the session was internal.

She recalled staying up all night when she was a UT student to testify against capping automatic admissions to state universities under the top 10 percent law.

“I wouldn’t be here without it,” she said of the law guaranteeing state university admission to those in the top 10 percent of their high school class. Then last month, a bill by Higher Education Chairman Dan Branch to extend the limits that she opposed was headed to the House floor, and she realized the bind she was in.

“When I was in my previous life, I could more actively fight it, but I’m a member, and you know Chairman Branch has done a lot for El Paso and a lot for my district, as far as bringing the medical school to El Paso,” González said.

“It’s this tension,” she said, “between sticking up for what you think is important and against what you think is oppression, and the reality that you still have to work with these people tomorrow and they can stop your bills, which are also trying to end oppression.”

In the end, she said, “I asked a few questions on the back mic; I talked to him,” but it was clear the bill was going to pass. She was still one of only seven votes against it, but she wasn’t as vociferous in her opposition as the old Mary might have been. “You’ve got to pick your battles.”

I was in Austin for a training class last month, and had the pleasure of meeting Rep. González at the ten year reunion of the Killer Ds. My impression of her, even before meeting her, was as positive as everyone else quoted in the story. She’s already got at least one opponent for next March, and the story notes that her predecessor, former Rep. Chente Quintanilla, is also thinking about getting in. Rep. González will have the support of her caucus mates, who have committed to her over their former colleague, and she’ll have mine as well. The world is full of Jonathan Sticklands, but it’s the Mary Gonzálezes that truly leave a mark. Stuff does need to get done, and we need the people who are there to get it done working for us.