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Tony Tinderholt

Pushing the NFL Draft angle

Every angle is going to be needed, and this is one that ought to speak to some folks.

The Cowboys’ efforts to land the NFL draft and how it could be derailed by the legislative push for a bathroom bill is part of a $1 million ad buy that will begin to play on radio stations Tuesday.

The Texas Association of Business is behind the ads. The Cowboys aren’t associated with the campaign, but they are featured.

A woman describes herself as a lifelong Cowboys fan and talks about how she’s thrilled that the 2018 draft could be in North Texas. She then says the NFL could reject the club’s bid to host the festivities, costing Texas “millions of dollars in lost revenue and leaving a lot of Cowboys fans angry” if the bathroom bill passes in Texas.

The one-minute ad ends by asking fans to contact their legislators to tell them to reject the bill and bring the NFL draft to Texas. The spot, which will run on 26 stations in the Dallas area, is designed to expand the debate and spotlight potential consequences.

“The bathroom bill distracts from the real challenges we face and would result in terrible economic consequences–on sporting events, talent, on tourism, on investment, on growth, and on small businesses,” said Jeff Moseley, CEO of the Texas Association of Business. “That’s why TAB and the Keep Texas Open for Business coalition are investing heavily in radio ads in DFW and focusing on potentially losing the NFL Draft and remain steadfastly opposed to this unnecessary legislation.”

[…]

Behind the scenes, multiple sources say the Cowboys are letting lawmakers know how passage of this bill could negatively impact the franchise’s ability to book sporting and entertainment events at AT&T Stadium and The Star in Frisco. One source described the club’s lobbying efforts against the bill’s passage as “quiet and aggressive.”

The club, like so many other businesses, finds itself in a delicate position. It doesn’t want to antagonize Gov. Greg Abbott and Lt. Gov. Dan Patrick, the bill’s primary proponent, since there will be a variety of bills down the road that can aid the Cowboys and officials will seek support from the two. But the Cowboys want to get across how they believe altering existing law will impact their bottom line.

Corporations outside the state can threaten not to build or move existing projects and operations out of Texas if the bill passes. The Cowboys don’t have that sort of leverage.

What will Jones do if the bill passes? Move the franchise to Little Rock?

No. But club officials can discreetly point out that the U2 concert that recently took place at AT&T Stadium would not have found its way to Texas if this bill had been law. It can question whether the Big 12 Championship Game and other marquee college matchups and events will be staged in Arlington going forward.

There’s embedded audio of the ad in the piece linked above if you want to hear it. The NFL Draft and the Cowboys’ efforts to bring it to Dallas next year has come up before; this is just a way to bring more attention to that. Whether this campaign will affect how any member of the House votes on bathroom bills I can’t say, but I can say this: AT&T Stadium is located in Arlington, and it is represented in Austin by a total of six people: Sens. Kelly Hancock and Konni Burton, and Reps. Jonathan Stickland, Matt Krause, Tony Tinderholt, and Chris Turner. All but Turner are Republicans, and all but Turner are Yes votes on potty-related legislation. In fact, Stickland and Krause and Tinderholt are all members of the lunatic House Freedom Caucus, whose bill-killing maneuvers at the end of the regular session allowed Dan Patrick to take the sunset bills hostage and force the special session we are now enduring. So, while I greatly appreciate the Cowboys’ lobbying efforts, which no doubt carry far more weight than most, there very much is something they can do afterwards, whether one of these bills passes or not: They can put some of that weight behind an effort to get themselves better representation in the Legislature. It’s not a high bar to clear in this case. Just a reminder that the fight doesn’t end at sine die. The Chron has more.

The anti-vaxxers had another good legislative session

Sure would be nice if we could put a stop to this.

It was mid-April, more than halfway through the legislative session, and Texans for Vaccine Choice was finally getting the fight it had been spoiling for. On April 11, a bill to require schools to report the number of unvaccinated kids had been heatedly debated in a House committee. Doctors, public health experts, parents and others had testified in favor of House Bill 2249, calling it a transparency measure that would simply provide information about vaccination rates at individual schools. The matter was pressing, they said, because more and more parents were opting their kids out of vaccinations using a “reasons of conscience” exemption created by the Legislature in 2003. Without action, recent high-profile outbreaks of mumps and measles in Texas would only grow worse.

But Texans for Vaccine Choice has a radically different frame. While the pro-vaccination crowd appeals to legislators on the basis of science and public health, the anti-vaxxers have their own funhouse mirror version. Vaccines contain toxic chemicals, they say. They cause autism. They overwhelm the immune system. But more than that, the activists, many of them mothers, framed their position as one of parental choice and personal freedom — a message that commands attention at the Texas Legislature.

“The responsibility for my son does not fall on the state or any other family,” said one woman at the committee hearing. “And I would never rely on the herd to keep my son safe.”

Two days later, Texans for Vaccine Choice held a “Freedom Fight” rally on the South Steps of the Capitol. The event featured two prominent members of the far-right House Freedom Caucus, Jonathan Stickland and Bill Zedler, close allies of the anti-vaccination activists.

“Someone asked me the other day, ‘Why do you associate with those crazy vaccine people?’” said Stickland. “I said, ‘Because I am one’.”

Stickland went on to lay out a case for “choice.”

“Where there is risk, there must be choice,” he said. “It’s not government’s job to try to influence our behavior. … The state of Texas doesn’t own our kids. They should be looking for ways to protect parents because we know what’s best for our kids.”

[…]

In the final days of the 85th legislative session, it looked like the pro- and anti-vaccine lobbies were going to have to make do with a draw. But at the 11th hour, a discussion over a bill authored by Representative Gene Wu, D-Houston, requiring Child Protective Services to give new children in its custody medical exams, suddenly turned into a feverish argument about vaccines.

Urged on by Texans for Vaccine Choice, Zedler proposed a surprise amendment that would exclude vaccinations from those checkups. Vaccines, he insisted, “do not qualify as emergency care.” He was joined by several Republican members of the Freedom Caucus, with Representative Tony Tinderholt, R-Arlington, arguing that it was an “issue of liberty.”

A plea from Representative Sarah Davis, R-West University Place, a cancer survivor, failed to move the majority of Republicans. Davis proposed a measure that would at least require foster children to be vaccinated against cervical cancer. Her proposal was defeated in a 74-64 vote. Zedler’s amendment, meanwhile, was adopted 74-58.

Though Wu’s bill died in the Senate, a similar version of Zedler’s amendment found its way onto another child welfare bill and was signed into law by Governor Abbott.

Texans for Vaccine Choice considered the session a win. In early June, the group held a victory party that featured a fajita buffet and “chips fried in a dedicated gluten free frier.“) Photos on the group’s Facebook page show Tinderholt posing with an American flag hat while Zedler opted for a crown.

Pro-vaccine lobbyist Jason Sabo is anxious that mainstream Republicans, who might ordinarily have voted against potentially harmful anti-vaccination legislation, now see it as a primary issue.

“Only the extreme of the extreme show up to vote in the primaries: the anti-vaxxers, the pro-gun people, and the anti-annexation guys. Get four or five of these groups together and you have a bloc. And it’s really smart,” Sabo told the Observer. “So next session we have a choice: We either do the same thing and get the same results, or we come back with a different strategy.”

See here for some background. Rep. Wu’s bill was HB39, and the record vote on the Zedler amendment is here. You will note that only Republicans voted for the Zedler amendment. All Democrats, and a half dozen or so Republicans voted against it. If this isn’t a partisan issue by now, it’s pretty close. I think the “different strategy” that is needed here is to recognize that this is a campaign issue, for both March and November, and to treat it as such. Follow the model of the Texas Parent PAC, recruit and support some pro-vaccination Republicans in strong-R districts, and support Democratic candidates in competitive districts, for which there ought to be more than usual this cycle. Bill Zedler won with 57% of the vote in 2016, Stickland with 55.6%; Tinderholt didn’t have a Dem challenger in 2016, but won with 56% in 2014. None of these districts are unassailable, and maybe – just maybe – making vaccinations an issue might swing a few votes away from these guys, none of whom have anything but hardcore Republican brand loyalty to recommend them. Perhaps there’s a better strategy to stem these losses in the future, but if so I don’t know what it is. I can’t guarantee that pro-vaccination forces will be successful if they try to win a few elections, but I can guarantee they’ll have a much better time of it in the 2019 legislative session if they do.

Uber and Lyft speak on the “biological sex” amendment in statewide rideshare bill

It’s a start.

Five days after a controversial amendment defining “sex” as “male or female” was added to a statewide ride-hailing bill, representatives from Uber and Lyft called the addition disappointing and unnecessary — though both companies stopped short of saying they’d withdraw their support.

“We are disappointed that this unnecessary amendment was added to legislation that should be focused on adopting a consistent statewide framework for ride sharing,” Uber spokesman Travis Considine said. “Uber’s comprehensive national nondiscrimination policy will not change.”

“The adopted amendment is unnecessary, as Lyft’s strong nondiscrimination policy remains in effect no matter what local or state statutes exist,” Lyft spokeswoman Chelsea Harrison said.

Neither Considine nor Harrison said their respective companies would pull back support of the bill over the amendment, which would define “sex” as the “physical condition of being male or female.” Considine said Uber’s existing nondiscrimination policy won’t change — it prohibits “discrimination against riders or drivers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity and age, among other things.”

See here for the background. It would have been nice if they would have spoken up sooner, but at least they have now done so. I’m glad they have reiterated their nondiscrimination policies, which I suppose makes that Tinderholt amendment moot for them, but the door is open for a company that would discriminate on the basis of gender presentation or identity if this bill gets passed in the Senate as is. The goal here is to take that out of the final version. The statements from Uber and Lyft help, but it’s going to take more than that.

House passes statewide rideshare bill

Made it farther than it did last session.

Rep. Chris Paddie

After a lengthy debate among lawmakers over the best way to regulate services like Uber and Lyft, the Texas House backed a proposal that would override local regulations concerning ride-hailing companies.

House Bill 100, by state Rep. Chris Paddie, R-Marshall, would establish a statewide framework to regulate ride-hailing companies and undo local rules that the two companies have argued are overly burdensome for their business models. Cities enacting such rules say those regulations bring a needed layer of security.

As of mid-morning Wednesday, 79 members in the 150-member House — including Paddie — had signed on to the bill as authors or co-authors.

“HB 100 is not about a particular company or any particular city,” Paddie said Wednesday on the House floor. “Statewide regulations for transportation network companies have become the best practice across the country.”

His bill was tentatively approved by the lower chamber in a 110-37 vote after representatives tacked on several amendments, including one that seeks to define “sex.” The measure needs final approval from the House before it could be considered in the Senate.

At times, the debate over the bill appeared to veer into one of the most contentious topics this session at the Capitol: gender identity. In the Senate, Lt. Gov. Dan Patrick has prioritized a “bathroom bill” that would require transgender people to use the restroom in some places that matches their “biological sex.”

On Wednesday, state Rep. Tony Tinderholt, R-Arlington, successfully amended the ride-hailing bill to define “sex” as the “physical condition of being male or female.” The amendment, which passed 90-52, drew some concern from Democrats, who questioned whether it was a way to exclude a certain group.

“I can assure you that it is not my intent,” Paddie said, adding that he accepted the amendment because he views it as “further defining something that’s already defined.”

HB 100 would require ride-hailing companies to have a permit from the Texas Department of Licensing and Regulation and pay an annual fee to operate throughout the state. It also calls for companies to perform local, state and national criminal background checks on drivers annually — which would override an Austin ordinance.

See here for the background. Two related Senate bills were heard in committee, with SB361 by Sen. Nichols getting passed out. I don’t know what to make of the “biological sex” amendment beyond the continued obsession of certain zealots. What’s more important is what do Uber and Lyft, who have been pushing hard for a statewide rideshare bill, think of it?


Well, Uber and Lyft? What do you say? Those of you who use Uber and Lyft, what do you want them to say about this? I would recommend you tell them. Maybe this will get stripped out going forward, but that almost certainly won’t happen without some pressure. Now is the time to bring it. And kudos to the members who pulled their support for this bill in response to the needless amendment.

The Chron adds some details.

The bill would give oversight of companies that connect willing drivers and interested riders via smart phone to the Texas Department of Licensing and Regulation. The companies that operate the smart phone app and process payments between the riders and drivers would pay a $5,000 annual licensing fee, and certify that its drivers meet a number of requirements already common among the companies.

Uber and Lyft have aggressively sought state rules in Texas because of their opposition to city requirements, notably Austin and Houston. In Austin, both companies left the city after new rules that included fingerprint background checks went into effect nearly one year ago.

[…]

As with the contentious fights at the local level, discussion also focused on requiring the fingerprinting of drivers. The companies vigorously oppose fingerprint background checks, favoring their background checks based on Social Security numbers.

Numerous attempts to require fingerprint checks or allow cities to require them failed as amendments to Paddie’s bill.

“We should not take chances with any life,” said Rep. Yvonne Davis, D-Dallas, noting many professions in Texas are subject to the fingerprint background check.

Paddie deflected the requests for fingerprints and efforts to allow cities to require more strenuous permitting, noting fingerprints can’t predict future behavior.

“We have 150 teachers in this state under investigation for improper relationships with students,” Paddie said.

Seems like you could use that reasoning to justify a lot of things, but whatever. I feel like one way or the other, something is going to pass. As I’ve said, I’ve basically resigned myself to that, but I still don’t approve of the assault on local control. I hope this winds up being the outer edge of that assault, but I’m less than optimistic about that. The DMN has more.

First shenanigan spotted

There will be more to come, I’m sure, but this will be happening today.

A Tuesday debate over the future of the state agency that regulates the oil and gas industry could instead become a showdown over immigration and where transgender Texans use the bathroom.

House Republicans will look to force a vote on the regulations proposed in the Senate’s controversial “bathroom bill,” which House Speaker Joe Straus has decried as “manufactured and unnecessary.” Tyler Republican Matt Schaefer has filed two amendments that would essentially require the Railroad Commission to enact some of the bathroom-related regulations proposed in Senate Bill 6 — a measure that would require people to use the bathrooms in public schools and government buildings that align with their “biological sex.”

A separate amendment by state Rep. Tony Tinderholt, R-Arlington, appears to target transgender people by requiring the commission to define women business owners — who can qualify for certain benefits in contracting — on the basis of the “physical condition of being female, as stated on a person’s birth certificate.”

Schaefer and Tinderholt are members of the socially conservative Texas Freedom Caucus, which is expected to repeatedly offer up portions of the “bathroom bill” as amendments to other measures. On just the second day of the legislative session, Schaefer, who leads the caucus, unsuccessfully attempted to amend a routine resolution with language requiring people in the Capitol to use bathrooms corresponding with their biological sex.

See here for the background. According to the Chron, the bill in question in HB1818. As RG Ratcliffe notes, the amendment will likely be killed by a point of order, but that won’t put an end to the effort. The rest of the session may well turn into an exercise in swatting flies, as I doubt these guys will be deterred by reason, threats, or humiliating defeat. Buckle up, it’s going to be a bumpy ride.

There’s also this:

On the immigration front, an amendment by state Rep. Rafael Anchia, D-Dallas, would require that a company regulated by or contracting with the Texas Railroad Commission certify that it doesn’t hire undocumented workers and charged with perjury if found to have lied. The amendment would also require the commission to alert Immigration and Customs Enforcement and the local district attorney if a company CEO or supervisor is in violation of the provision.

Anchia, the chairman of the Mexican American Legislative Caucus, said he has no desire to expand state-based immigration enforcement, and doesn’t expect his fellow Democrats to vote for the amendment. It’s symbolic: He wants businesses to be more vocal against what he called extreme immigration proposals the Legislature is considering this session, specifically Senate Bill 4. That measure, passed by the Senate last month and now pending in a House committee, would ban “sanctuary” jurisdictions in Texas and vastly expand the immigration enforcement powers of local police.

“For Republicans to only demonize immigrants but not talk about the insatiable appetite on the part of businesses for immigrant workers is hypocrisy at its best,” he said.

I respect Rep. Anchia and I get what he’s trying to accomplish here. I don’t know if it will work – if nothing else, I’m sure there’s a point of order with this amendment’s name on it as well – but it’s about making a point. We’ll see how it goes.

UPDATE: Schaefer’s shenanigan gets averted, while Anchia’s amendment gets adopted.

The “Man’s Right To Know” Act

This is some high-quality trolling.

Rep. Jessica Farrar

Texas State Rep. Jessica Farrar, D-Houston, filed a bill Friday that would penalize men for “unregulated masturbatory emissions.”

The satirical House Bill 4260 would encourage men to remain “fully abstinent” and only allow the “occasional masturbatory emissions inside health care and medical facilities,” which are described in the legislation as the best way to ensure men’s health.

Farrar said she created the bill after feeling fed up with the various legislative bills introduced by men addressing women’s healthcare.

“A lot of people find the bill funny,” Farrar said in a phone interview. “What’s not funny are the obstacles that Texas women face every day, that were placed there by legislatures making it very difficult for them to access healthcare.”

A man would face a $100 penalty for each emission made outside of a vagina or medical facility. Such an emission would be considered “an act against an unborn child, and failing to preserve the sanctity of life,” according to the legislation.

The money would benefit children in the care of the Department of Family and Protective Services.

A registry would be created of non-profit organizations and hospitals that provide “fully-abstinent encouragement counseling, supervising physicians for masturbatory emissions, and storage for the semen.”

[…]

Her latest bill also seeks to provide men with a safe and healthy environment during vasectomies, Viagra uses and colonoscopies by creating “A Man’s Right to Know” booklet that should “exactly follow the rules and procedures of the informational booklet “A Woman’s Right To Know,” required to be given of women terminating pregnancies.

During the consultation, the physician would verbally review the booklet with men and would be required to “administer a medically-unnecessary digital rectal exam and magnetic resonance imagining of the rectum,” according to the bill.

Farrar said she included this part of the bill to mimic the trans-vaginal ultrasound woman have when they are seeking an abortion. She also described the doctor reading the “Woman’s Right To Know” pamphlet as a “guilt mechanism.”

“It’s to show how invasive this medically unnecessary procedure is,” She said. “When a woman has to have a trans-vaginal ultrasound, it has nothing to do with her healthcare. One of the state’s objectives is to guilt her into changing her mind.”

A doctor would also have the right to “to invoke their personal, moralistic, or religious beliefs” if they refuse to perform a vasectomy or prescribe Viagra.

And then you’d have to wait 24 hours to get it, because obviously. Other bills of this nature have been filed in other states; this as far as I know was a first for Texas, and in true Texas fashion it’s a lot bigger than anything like it. Needless to say, some people don’t get the joke.

Farrar has criticized several anti-women’s health bills that have been filed this session, primarily a measure filed by state Rep. Byron Cook, R-Corsicana, that would require Texas hospitals to bury or cremate fetal remains and another by state Rep. Tony Tinderholt, R-Arlington, that would charge both abortion providers and women who receive an abortion with murder.

At a House State Affairs committee hearing Wednesday, Cook was challenged by Farrar and other House Democrats who questioned how his bill would impact women’s mental health and how much it would cost. Cook said his measure would create a registry of organizations that can help pay for burial or cremation of fetal remains. That way, the cost associated with burials would not fall on women, Cook said.

“Let me be clear: this bill has nothing to do with abortion procedures whatsoever. It has everything to do with ensuring the dignity of the deceased,” Cook said Wednesday. “We believe Texas can do better than this.”

Cook did not immediately respond to the Tribune’s request for comment Sunday.

In a statement, Tinderholt said Farrar lacked “a basic understanding of human biology.”

“I’m embarrassed for Representative Farrar,” Tinderholt said. “Her attempt to compare [HB 4260] to the abortion issue shows a lack of a basic understanding of human biology. I would recommend that she consider taking a high school biology class from a local public or charter school before filing another bill on the matter.”

This is Tony Tinderholt. To steal from Molly Ivins, I’d say that being insulted by Tony Tinderholt is like being gummed by a newt, though in this case I’d say it would be an old, frail newt. I hope that the filing of HB4260 results in a lot of legislators who are suddenly unable to make eye contact with Rep. Farrar. Andrea Greer, who does get the joke, and the Austin Chronicle have more.

Some early legislative race news

Just a few links of interest. First, the race in SD24 heats up.

Rep. Susan King

Republican state Rep. Susan King said Monday that she will join an increasingly crowded primary field to replace retiring GOP state Sen. Troy Fraser.

King had earlier said she would not seek re-election to the House, where she is serving her fifth two-year term, while exploring whether to run for Fraser’s district, which encompasses 17 counties mostly in the Hill Country, including a slice of western Travis County.

King, who announced her campaign at an evening event in her hometown of Abilene, joined five other candidates who have said they will compete in the Republican primary

See here for the background. Just a reminder, this district includes Abilene, Austin, and San Antonio. Gotta love redistricting.

Enfant terrible Jonathan Stickland gets a mainstream challenger.

Bedford pastor Scott Fisher plans to announce Tuesday that he is taking on Stickland, according to GOP sources. In recent days, Fisher has been informing friends in the district and Austin of his soon-to-be campaign.

Fisher, who serves as senior pastor at Metroplex Chapel in Euless, has a long resume of public service. He has formerly chaired the Texas Youth Commission and the board of the JPS Health Network, and he currently chairs the Texas Juvenile Justice Department and the board of Metroplex Chapel Academy.

Fisher has also been a member of the Texas Ethics Commission, and served on the boards of One Heart, a criminal justice project aimed at young people, and Mid Cities Pregnancy Center, which helps women deal with unplanned pregnancies.

The story lines will write themselves. All I can say is that a Lege without Stickland will be a better Lege. Having said that, RG Ratcliffe noted that Fisher was a bigwig in the Texas Christian Coalition back in the 90s, so this is definitely a case where one needs to be wary about what one wishes for.

And speaking of those story lines.

High-profile legislative races are already developing in Tarrant County nearly two months before candidates can even file to get their names on the ballot.

Two local Republican races heating up — for House District 99, represented by Charlie Geren of Fort Worth, and House District 94, now represented by Tony Tinderholt of Arlington — offer a glimpse of the type of races ramping up statewide.

“Tarrant County will be a microcosm of the battle between centrist conservative supporters and movement conservative opponents of Speaker [Joe] Straus that will take place across the state,” said Mark P. Jones, a political science professor at Rice University in Houston.

[…]

On one side, there’s Geren, president of Railhead Smokehouse and a real estate developer, who has represented the district since 2001 and is a powerful top lieutenant of House Speaker Straus.

On the other, there’s Bo French, a private equity investor and political newcomer from Fort Worth, who served as a chief officer of the late Navy SEAL Chris Kyle’s tactical training company Craft International. He drew media attention last year for ending up in court arguing with Kyle’s widow about the future of the company.

The two men and their prominent families have long run in the same circles.

“I’ve known Bo all his life and I’ve known his parents a long time,” said Geren, 65, who added he was surprised when French jumped into the race. “I’m just going to run hard and win.”

French, 45, said he picked this district to run in because he knows a lot of people in the district and believes that his “principles will represent them and their families.”

[…]

Tinderholt, a 21-year military veteran whose past included a bankruptcy filing in the 1990s and several marriages, unseated Rep. Diane Patrick in the GOP primary last year and won a fiery battle in the general election.

“Some ‘establishment’ conservatives may still be angry that Rep. Tinderholt defeated longtime favorite Diane Patrick and may try and unseat him,” said Allan Saxe, an associate political science professor at the University of Texas at Arlington.

Despite concerns he would be a vocal dissenter in the Legislature earlier this year, Tinderholt, 45, for the most part appeared to follow the typical freshman play book, watching and learning.

“You could see he was a work in progress,” Kronberg said. “He was paying attention, learning issues. But throughout North Texas, there’s some despair that there’s very little active representation of the stakeholders (business, schools) that make the community work.”

Now Andrew Piel, 43, has announced he will challenge Tinderholt in the primary..

“This last summer, people came to me and said they had concerns about the effectiveness of the incumbent representing Arlington in an efficient manner,” said Piel, a business and construction law attorney and a former Tarrant County assistant district attorney. “I talked to people for months [and] prayed about it.

“I feel like it’s time for a change.”

Piel has lined up a host of supporters, including community leader Victor Vandergriff, former Arlington Mayors Robert Cluck and Richard Greene, former state Sens. Chris Harris and Kim Brimer, former state Reps. Toby Goodman and Barbara Nash, and Arlington school board members Bowie Hogg and John Hibbs.

Tinderholt is terrible, and a potential longshot pickup if he survives his primary. Geren has survived challenges before and will likely survive this one.

Finally, on the Democratic side, attorney and military veteran Bernie Aldape has thrown his hat into the ring for HD144, joining a field that already includes former Rep. Mary Ann Perez and Pasadena Council Member Cody Ray Wheeler. As things stand right now, that’s the most interesting local Democratic primary, for a seat that ought to swing blue next year.

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.

Complaint filed against judge who allowed same sex marriage

Whatever.

RedEquality

The judge that allowed Texas’ first gay marriage to go forward is the target of a judicial conduct complaint, the latest volley in the state’s attempts to call the historic union into question.

“This judge deliberately violated statutory law and this is unacceptable,” Rep. Tony Tinderholt, R-Arglington, said after confirming he had filed a complaint against state District Judge David Wahlberg with the State Commission on Judicial Conduct.

“This complaint and any action, which the legislature decides to take, is about ensuring that our judicial system respects the laws of our state and respects the separation of powers. Judge Wahlberg allowed his personal views to dictate his action and ignored state law to accomplish his desired outcome.”

[…]

Immediately after Judge Wahlberg issued the order, Travis County Clerk Dana DeBeauvoir signed the couple’s marriage license and they were wed outside of the clerk’s offices by their rabbi. The next day, Attorney General Ken Paxton asked the state Supreme Court to declare the license null and void.

Reached for comment Wednesday, DeBeauvoir stood by the license’s legality and was not surprised by the complaint.

“I do believe the judge acted in good faith and in a fully legal way, and I believe the court order that I followed was a legal court order,” said DeBeauvoir.

Tinderholt’s complaint was filed Feb. 19. In it, he cites a Texas law that requires the attorney general to be notified when anyone “files a petition, motion, or other pleading challenging the constitutionality of a statute of this state.”

See here for the background. Tinderholt, who has his own issues, wasted no time filing that complaint, as Judge Wahlberg issued his ruling on the 19th. Seems like a stretch to me, but as always I Am Not A Lawyer. What do the real lawyers think about this?

A look at how Democratic legislative challengers did against the spread

It’s been long enough since the election that I feel like I can go back and look at some numbers. Not a whole lot of good out there, but we’ll try to learn what we can. To start off, here are all of the Democratic non-incumbent candidates for the State House and a comparison of their vote total and percentage to those of Bill White and Linda Chavez-Thompson from 2010:

Dist Candidate Votes White LCT Cand% White% LCT% ============================================================ 014 Metscher 6,353 9,980 7,540 28.5 36.3 27.8 016 Hayles 4,744 8,490 5,995 13.6 22.5 15.9 017 Banks 12,437 17,249 12,852 35.4 43.3 32.8 020 Wyman 10,871 15,512 11,232 22.7 31.4 22.9 021 Bruney 9,736 13,174 10,499 25.6 31.3 25.3 023 Criss 14,716 19,224 15,866 45.4 50.1 41.8 026 Paaso 11,074 16,104 12,290 30.3 37.0 28.4 043 Gonzalez 10,847 14,049 12,635 38.6 45.8 41.7 044 Bohmfalk 9,796 13,369 9,847 24.3 32.1 23.7 052 Osborn 12,433 12,896 10,539 38.5 39.4 32.4 058 Kauffman 6,530 10,672 6,913 19.5 29.0 18.9 061 Britt 7,451 10,103 6,725 17.0 23.4 15.6 063 Moran 9,016 10,797 8,107 22.7 27.4 20.6 064 Lyons 12,578 12,238 9,722 33.8 38.0 30.3 065 Mendoza 10,419 10,926 8,921 35.7 37.3 30.5 083 Tarbox 6,218 9,664 6,250 18.7 25.9 16.8 084 Tishler 6,336 9,444 6,969 27.3 33.7 24.9 085 Drabek 9,628 14,460 10,758 33.4 44.8 33.6 087 Bosquez 3,656 6,945 4,736 15.6 25.4 17.4 089 Karmally 11,105 11,192 8,925 28.4 31.7 25.4 091 Ragan 9,346 10,214 8,039 28.2 32.2 25.4 092 Penney 12,553 12,374 10,020 36.4 35.7 29.0 094 Ballweg 16,461 14,852 12,247 40.5 37.1 30.7 102 Clayton 12,234 15,709 12,110 37.5 44.1 34.3 105 Motley 10,469 11,766 9,793 42.7 43.8 36.7 106 Osterholt 9,586 9,112 7,212 27.5 30.1 23.8 107 Donovan 13,803 14,878 11,936 45.0 46.3 37.5 108 Bailey 16,170 17,401 12,859 39.3 42.0 31.3 113 Whitley 12,044 13,483 11,575 40.6 44.8 38.7 115 Stafford 11,761 12,428 9,955 39.5 39.8 32.0 129 Gay 12,519 17,441 12,896 32.2 37.5 28.0 132 Lopez 10,504 12,016 9,677 33.8 37.9 30.8 133 Nicol 11,728 19,800 12,595 25.4 35.7 22.9 134 Ruff 20,312 31,553 21,380 38.8 51.0 35.1 135 Abbas 10,162 13,971 11,005 34.1 39.6 31.4 136 Bucy 15,800 14,742 12,031 41.1 39.7 32.6 138 Vernon 8,747 12,918 9,878 33.2 40.5 31.2 150 Perez 10,317 13,086 9,829 26.8 31.0 23.4

The most encouraging numbers come from Williamson and Tarrant Counties. I discussed the race in HD94 before the election, where the combination of Wendy Davis’ presence on the ballot plus the outsized wingnuttery of Republican candidate Tony Tinderholt helped boost the performance of Democratic challenger Cole Ballweg. Tina Penney, running in HD92 against freshman Jonathan Stickland, also benefited. We’ll want to see what the full comparisons for this year look like, but Tarrant Dems ought to look to those two districts for a place to try to make further gains in 2016.

Nearby in Denton County, Emy Lyons in HD64 and Lisa Osterholt in HD106 both exceeded Bill White’s vote total, though not his percentage. I don’t know offhand where those districts are relative to the city of Denton, but it wouldn’t surprise me if the fracking ban referendum helped them a bit. These results are a reminder of two things – the importance of local issues in engaging voters in off years, and that it’s not enough in places like Denton County to increase vote totals. You have to keep up with the overall population increase as well. Otherwise, you’re falling farther behind even as you move forward. I’ll give Sameena Karmally in Collin County’s HD89 a nod for a decent showing in that tough district as well, with the same caveat about keeping up with the overall growth.

In Williamson, John Bucy’s strong showing in HD136 against freshman Tony Dale should make it a top target for 2016. Bucy nearly equaled President Obama’s 41.2% in HD136 from 2012, so there’s plenty to build on there. Chris Osborn didn’t do too badly in HD52, either. Note that in each district, the Libertarian candidate scored around five points – 5.03% in HD52, and 4.70% in HD136 – so the win number in each of those districts could wind up being less than 48%.

Finally, in Dallas County, the Battleground-backed candidates all fell short, but generally didn’t do too badly, and they continue to offer the best pickup opportunities for continuously Republican-held seats in HDs 105, 107, and 113. An ambitious goal for the Presidential election year would be to win back HDs 117 and 144, and take over 105, 107, 113, and 136. With no statewide race above the level of Railroad Commissioner but Presidential year turnout – if we work at it – to make things more competitive, I see no reason not to view that as a starting point.

That’s not all we should focus on, of course – I agree with Campos that we should put a lot of effort into local race around the state, which in Harris County means finding and funding a challenger to County Commissioner Steve Radack. Frankly, we should be doing that in 2015 as well, in municipal and school board races. Maybe that will help some people understand that we hold elections in the other three years, too, and their participation in those elections is needed and would be appreciated. This is something we all can and should work on.

Two in Tarrant to watch

Tarrant County isn’t often an electoral battleground, but this time it is, at least in two legislative races.

Libby Willis

[HD94 Republican nominee Tony] Tinderholt’s race is one of two legislative contests in Tarrant County where Democrats are pinning their hopes on Republican voters soured by the most conservative elements of their party.

The second is a race to fill the Senate seat left open by Democratic gubernatorial candidate Wendy Davis. There, in a district dominated by Republicans until Davis’ election, Democrat Libby Willis faces Konni Burton, a grassroots activist from Colleyville who touts the rare endorsement of U.S. Sen. Ted Cruz.

Like Tinderholt, who ousted Diane Patrick, an eight-year incumbent, in a primary upset, Burton sailed to GOP victory by questioning the conservative credentials of other Republicans. Now, in the general election, both candidates are under fire from their opponents for positions on abortion, gun rights and illegal immigration that Democrats say are out of sync with mainstream voters.

“I’m looking for those people who just don’t care about the partisan nonsense,” said Cole Ballweg, the Arlington businessman running against Tinderholt. “I’m looking for those people who’re more like me, who say, ‘What is really going to move the needle for my community, for my schools, for my kids?’ And there’s actually a lot of them out there.”

[…]

Ballweg acknowledged that it would take a “miracle” for a Democrat to carry Arlington’s staunchly Republican House District 94.

“I understand that so many of these people are still going to vote against me,” Ballweg said. “But you know what, they’re a lot more reasonable than a lot of people give them credit. They don’t want rifles in their streets; they don’t want angry, off-the-rails rhetoric about the border or anything else.”

The contest for the state Senate seat is closer. With advertising buys still rolling in, Willis and Burton have each spent over $1 million getting their message to Tarrant County voters since May, according to Texas Ethics Commission data.

Burton has raked in high-dollar donations from prominent conservative backers, including $100,000 from Midland oil and gas developer Tim Dunn and Texans for Lawsuit Reform, which has spent more than $300,000 on last-minute direct mail and television ads on her behalf.

Willis has received substantial sums from Democratic donors, including Houston trial lawyer Steve Mostyn, who has contributed a combined $850,000 to her campaign through his law firm and Back to Basics, the political action committee he funds. She has also received support from Planned Parenthood, the Democratic organizing group Battleground Texas and Annie’s List, which helps Democratic female candidates run for office.

But in her run for the high-profile swing district, Willis has also made inroads with groups otherwise supporting a slate of primarily Republican candidates, like the Texas Medical Association and the statewide law enforcement association known as CLEAT.

The former teacher and past president of the Fort Worth League of Neighborhood Associations has attempted to draw a sharp contrast with her opponent, billing herself as a coalition builder and Burton as a partisan.

“I have so many Republicans saying, ‘I am not a Tea Party person, I am not extreme, I am just not that far out there.’ And they are voting for me,” Willis said. “A lot of them are voting for a Democrat for the first time in their lives, and they are voting for me.”

I’ve written about the SD10 race before, both as a benchmark of success and an example of what else Battleground Texas is doing. I continue to believe that Libby Willis has at least as good a chance to hold this seat with Wendy Davis running for Governor as Davis would have with a mystery candidate for Governor. Early voting was up in Tarrant County, and one presumes these races as well as the Governor’s race were the driving forces behind that. As for the HD94 race, it would be nice to think that Republicans would be “soured by the most conservative elements of their party”, but one expects that if they were then Tinderholt would have lost in the primary to Rep. Diane Patrick, who had a solid reputation and was on Tom Craddick’s leadership team. I’ll hope for the best here, and I won’t be surprised if Cole Ballweg exceeds the partisan norm, but I’m not expecting more than that.