Final May 2024 special election early voting: The usual pattern holds

We come to the end of the early voting period for this weird and not really wanted May special election – okay, not wanted for HCAD, the SD15 special was fine and normal. All along we’ve tried to guess at what turnout might be like, and that has included whether the usual pattern for the early voting period would apply, with the last two days being the busiest culminating in the biggest day of them all. I’m pleased to say that is what happened here, as 6,429 people showed up to vote, more than double from Monday and by far the largest single day total. Add in 160 more mail ballots, and we ended the nine day EV period with 33,652 total votes cast.

The final early voting report is here. It is what it is, and unless we do something like this again I don’t know how to evaluate it. We could end up with 50K total votes, we could end up with 100K, which might barely get us to four percent total turnout. We may yet wind up being one of the higher-performing counties, because I daresay we’re far from alone in being clueless about these elections. At least from here on out they’ll be in November. Did you vote early?

UPDATE: The Houston Landing covers the end of early voting and notes that the last Harris County election in May was in 2022, a Constitutional amendment election that I completely forgot about and overlooked in the harrisvotes.com archives. It had 4.76% turnout, which still put it squarely in the previously discussed range.

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SCOTUS leaves anti-porn law in place for now

No emergency intervention, but the appeal on the merits is still ongoing.

The Supreme Court refused on Tuesday to block a Texas law that seeks to limit minors’ access to pornography on the internet by requiring age verification measures like the submission of government-issued IDs.

As is the court’s custom in rulings on emergency applications, its brief order gave no reasons. There were no noted dissents. A petition seeking review of an appeals court’s ruling upholding the law remains pending.

A trade group, companies that produce sexual materials and a performer challenged the law, saying that it violates the First Amendment right of adults.

The law does not allow companies to retain information their users submit. But the challengers said adults would be wary of supplying personal information for fear of identity theft, tracking and extortion.

[…]

The challengers, represented by, among others, the American Civil Liberties Union, told the justices that the Fifth Circuit was not entitled to second-guess the Supreme Court.

“This case presents the rare and noteworthy instance in which a court of appeals has brazenly departed from this court’s precedents because it claims to have a better understanding of the law,” they wrote.

In urging the Supreme Court to leave the law in place while it considers whether to hear an appeal, Ken Paxton, Texas’ attorney general, said pornography available on the internet is “orders of magnitude more graphic, violent and degrading than any so-called ‘girlie’ magazine of yesteryear.”

He added: “This statute does not prohibit the performance, production or even sale of pornography but, more modestly, simply requires the pornography industry that make billions of dollars from peddling smut to take commercially reasonable steps to ensure that those who access the material are adults. There is nothing unconstitutional about it.”

The plaintiffs had also challenged a second part of the law requiring sites to post “public health warnings” about the harmful effects of pornography, saying that the First Amendment bars such compelled speech. Judge Ezra and all three members of the Fifth Circuit panel agreed, and the challenge to that provision is not part of the Supreme Court case.

See here, here, and here for some background. You know where I stand on this, I don’t have anything to add to that. We’ll see if SCOTUS takes up the appeal or just lets the Fifth Circuit overrule it. The Current has more.

Posted in Legal matters | Tagged , , , , , , , , | 3 Comments

On increasing ridership at Metro

I’m open to hearing more.

The Metropolitan Transit Authority of Harris County is under new leadership, but the goal of increasing ridership remains the same.

While the number of riders steadily has increased across the system since the peak of the COVID-19 pandemic, it still does not match pre-pandemic levels.

Enter Elizabeth Gonzalez Brock, Metro’s new board chairperson, who was appointed by Houston Mayor John Whitmire in February.

The aim is to get more Houstonians excited about public transit, but Brock’s vision is focused on different ways to get there: smaller vehicles, carpooling and rideshare programs, and increased police presence on buses, trains and park-and-ride lots.

“I’d like for Metro to be a service that people choose to use versus something that they’re dependent on,” Brock said in an interview. “Looking at ways that we can improve customer service so that we’re easy to use, and that we’re a service that people are excited about using.”

For Brock, the path to boosting ridership involves improved public safety for transit riders. That includes adding to the ranks of the Metro Police Department and increasing their patrol presence.

Let’s pause here for a moment and remember that Mayor Whitmire proposed back in January adding Metro cops to HPD. This article doesn’t mention that, as neither does Chair Brock, and I can’t say I’ve heard anything further on it since then. How might that proposal affect Chair Brock’s plan to add more Metro cops, if it is still in play? We don’t know.

Onward:

Brock repeatedly used the phrase “meeting customers where they are,” in describing her desire to attract more riders who have the option to use a personal vehicle or to use Metro’s services.

“I view expansion as ‘How do you provide services that are more available for people to use?’” Brock said. For those hoping for an expansion of light rail, the wait may be a little longer.

“In order to get there, we’re really going to have to take a look at technology,” Brock said.

The focus on technology would be both internal and external. For example, Brock said she hopes to grow Metro’s line of customer-facing phone apps to ensure better transit planning. At the same time, she set a goal of improving the agency’s back-end technologies as a fundamental part of expanding on-demand services and introducing new “microtransit programs”.

Improved technology also will be aimed at how the agency analyzes data with an eye toward better ridership projections to ensure Metro’s bus system has an adequate number of routes. It also will include exploration of other transit options, such as rideshare or carpool programs. Brock singled out Uber, the nationwide ride-share service which recently just posted its first year of profitability, as an existing transportation model to both aspire to and compete with.

One potential partner is Evolve Houston, a nonprofit that offers a free ride-share service called RYDE. The service uses electric vehicles to provide connections to grocery stores and healthcare facilities in underserved communities. The city of Houston approved $281,000 in increased funding in late November to expand the program. RYDE originally started in Third Ward last June.

Casey Brown, president and executive director of Evolve Houston, spoke during the public comment section of Thursday’s Metro board of directors meeting where he asked the board to consider funding further expansion.

Other options include expanding services Metro already offers, such as the agency’s “curb2curb” service, a daily on-demand shuttle available for anyone to use in certain neighborhoods without direct access to a Metro bus route. It currently is available only in Acres Home, Hiram Clarke, and Missouri City during the day and in Kashmere/Trinity Gardens at night.

Brock sees opportunity to provide smaller, all-electric shuttles that can address gaps in service to make transit more accessible.

See here for more on Evolve Houston and RYDE. All of this sounds reasonable and interesting and if done with an eye towards expanding the existing Metro network could really do a lot. We’ll need to see what the actual plans are, of course, but I like it conceptually.

And then there’s this:

Alternative programs could have included Metro’s proposed bike share program, for which the board had approved contract negotiations last September. At the time, the plan was for the bike share program to be ready to launch this upcoming summer.

Those plans since have changed.

According to [interim Metro CEO Tom] Jasien, Metro still is reviewing options with a focus on finding other potential partners for a bike share program. There are no firm dates for a launch of the program.

Other initiatives, such as Metro’s autonomous shuttle, bus rapid transit lines, including a proposed route in Gulfton, and an extension of light rail to Hobby Airport are being evaluated against what Brock sees as current rider needs.

Okay, so the Board voted to negotiate a contract with Canadian firm PBSC to develop and operate a new bike-share program, after the proposed merger with BCycle fell apart. What happened with that? Voting to negotiate a contract is not the same as signing one, but it does imply some amount of commitment. Have we scrapped the whole thing and are starting from square one? Decided to just back out? Looking for a better deal? What does this mean?

And that question goes double for that last paragraph. There are many ways one can interpret that one sentence, but in a world where several existing multi-million dollar programs that had been in the works for years are being shoved aside on mayoral whim, one really has to wonder if we can count on anything that we thought was going to happen to actually happen. Voters have already voted for these projects. Is this just some routine tweaking of timelines and details, or are we going to ignore that election? I would like to get some answers, please.

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May 2024 special election early voting, Day Eight: A little bit of an uptick

I’ll cut right to the chase: Here’s your Day Eight early voting report for the May 4 HCAD and SD15 special elections. As the penultimate day of early voting, as well as the first day of a truncated Week Two, I had wondered if this would follow the usual pattern of slightly higher turnout. And indeed it did, with a new high water mark of 2,790 in person voters to go along with 546 more mail ballots, for a total of 27,062 voters with one day to day. I’m feeling a lot better about that over/under line of 30K for early voting, Maybe if the last day matches the kind of boost that other last days of EV get, even 35K could be in play. Keep hope alive and all that.

And yes, that means today is the last day of early voting. You can vote on Saturday the 4th – I’ll link to a list of Election Day sites later this week – or you can pick one of the EV locations, either at harrisvotes.com or by looking at those daily links, and get it done now. I’ve managed to turn a couple of people out myself, but that sort of thing only goes so far. If you’ve ever wondered what a zero-attention election in Harris County – or the state of Texas, for that matter – looks like, now you know. I’ll have the final report tomorrow. Have you voted yet?

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Paxton sues over new federal LGBTQ+ protections in schools

Oh, look, his favorite judge is available.

A crook any way you look

Texas Republican leaders are pushing back on the Biden administration’s new rules that bar schools from discriminating based on sexual orientation or gender identity.

On Monday, Gov. Greg Abbott said he would direct the state’s education agency to disregard the new rules, calling them a “ham-handed effort to impose a leftist belief.”

Attorney General Ken Paxton sued to block the policy, arguing that the U.S. Department of Education exceeded its authority and wrote an “arbitrary and capricious” rule that expands Title IX, a 1972 anti-discrimination law originally passed to protect women’s rights.

The department’s rules, announced earlier this month and finalized Monday, say school programs and activities must not discriminate against LGBTQ or pregnant students. Colleges and K-12 schools that don’t comply risk losing their federal funding when the rule takes effect in August.

The Biden administration issued similar guidance two years ago, but Texas and 19 other Republican-led states sued and convinced a federal judge to block the policy. The department’s newly finalized rules were delayed by a comment period that drew 240,000 responses, a record for the Education Department.

The rules clash with policies imposed by some Texas school districts, including in the Dallas-Fort Worth area, that separate school bathrooms and locker rooms by sex assigned at birth.

Texas has in the last few years also passed laws blocking transgender student-athletes from competing on teams that align with their gender identity, both at the K-12 and collegiate levels. The Biden administration rule does not directly address athletics.

[…]

The state’s suit was filed in federal court in Amarillo in conjunction with America First Legal, a law firm led by former Trump administration officials.

Paxton’s office did not respond to a request for comment on why the suit was filed in the Panhandle. His office has been accused of “judge shopping,” or strategically filing suits in districts where they are likely to be assigned to a judge viewed as ideologically aligned or more friendly.

Paxton has frequently filed suits against the Biden administration in Amarillo, where cases are all but guaranteed to go to U.S. District Judge Matthew Kacsmaryk, a former attorney for a conservative religious liberties legal group who was appointed to the bench by former President Donald Trump.

See here for more on the new rules, which I can’t imagine will survive contact with the legal nullification machine. For all of the correct and valid talk about Supreme Court reform, we really need to address this crisis of judge shopping, activist district court judges, and lawless appeals courts. We don’t have a working federal court system anymore, and it’s more extreme and farcical every day. As for Greg Abbott’s nullification, I keep asking myself what is the enforcement mechanism in cases where governors refuse to follow the law, and let’s just say that thought process doesn’t take you anywhere good. So, you know, cool cool cool. And you know what the answr is – we have to win more elections. There’s no other good way forward.

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Shepherd-Durham project halted

It’s like deja vu all over again.

Houston city officials have put the brakes on the middle piece of a planned redesign of Shepherd and Durham drives along the edge of the Heights, a decision that community officials and others say puts millions of dollars destined for the city at risk.

Rumored for weeks, and predicted by critics of Mayor John Whitmire’s transportation policies, the city’s decision to not support any plan that removes lanes along the parallel, four-lane-wide corridors is likely to leave a gap in bicycle lanes along the streets between Interstate 10 and 15th Street.

For the segment from near White Oak Bayou to north of 14th Street, it may also mean that no repairs other than routine maintenance happen in the coming months or years.

“The potential exists for the project to be canceled entirely and for its associated federal funding to be reallocated somewhere else in the region,” Anne Lents, chairwoman of the Memorial Heights Redevelopment Authority, told board members, according to a printed copy of a monthly report she delivered Thursday. “At this point, this is out of our direct control as a redevelopment authority. Ultimately, we are an entity of the city and are reliant on the (mayoral) administration and city permitting and approvals to advance projects.”

Marlene Gafrick, a senior adviser to Whitmire and former city planning department director, confirmed that she told the redevelopment authority, which is building the project with local and federal funds, that it would receive city support — and permits — only if it redesigned the project.

The two criteria Gafrick gave the redevelopment authority, which also operates a tax increment reinvestment zone, is that the project “maintain the original lane widths and number of lanes” and maintain only 6-foot sidewalks.

That conflicts and makes the fully designed project impossible unless the redevelopment adds the cost and complexity of acquiring land, and even then turns planned 10-foot paths into smaller sidewalks that meet minimum requirements of the Americans with Disabilities Act.

[…]

The phase north of 15th won $25 million in federal funds, which officials in 2020 credited to U.S. Rep. Dan Crenshaw, R-Houston, who until redistricting represented the area north of 14th as part of his oddly shaped district in northeast parts of Harris County. In 2020, a wide swath of officials — including U.S. Sens. John Cornyn and Ted Cruz, then-Mayor Sylvester Turner, Harris County Precinct 1 Commissioner Rodney Ellis and then-state Sen. Whitmire — submitted letters in support of the project.

“The reconstruction of Shepherd and Durham are critical components of the transportation infrastructure of the City of Houston,” Whitmire’s letter said.

Still, construction has frustrated some businesses and drivers, as the work has kept Shepherd and Durham limited to two lanes at times, cut off some local streets and led to abrupt loss of electricity and water as lines are repaired or replaced.

What is uncertain, Lents told board members, is the way ahead for the center segment. Officials planned to ink a deal with a construction company by the end of September.

If the work does not proceed, she said, the redevelopment authority and the city would have to go back to the Houston-Galveston Area Council to revise its funding plan. That means the region’s Transportation Policy Council would need to reapprove the project, at a time when Houston is sparring with the regional board about its representation on the council.

“In other words, triggering additional H-GAC action creates risk for the project’s existing federal funding,” Lents said.

That regional process, she said, could end with Shepherd-Durham unable to spend its money on time, H-GAC sending the money to another project in the Houston area and Shepherd-Durham at an indefinite standstill.

Effects, however, might move far from the Shepherd-Durham corridor, as Whitmire officials pause other projects that could face the same challenges. A major rebuild of sidewalks in Kashmere Gardens and Gulfton also relies on potentially narrowing some streets, as does a planned redesign of Telephone Road and many of Metropolitan Transit Authority’s bus and light rail projects.

Those projects either have or hope to receive competitive federal funds, which because of the Biden administration’s focus on climate and infrastructure are available. Drawing a hard line and not eliminating any vehicle lanes, however, might make Houston less competitive, said Kevin DeGood, director of infrastructure policy at the Center for American Progress.

“Federal grant programs are very competitive,” DeGood said. “And the Biden administration is naturally going to prioritize projects that align with their vision and goals.”

I would have written about this sooner but I had a very full weekend of family business, so here we are. You can start with what I said about the Montrose project being delayed and then turn that up to eleven to get the basic picture. I mean, I really don’t think that a campaign slogan of “I promise to turn down federal dollars for a road renovation project I used to support and in doing so jeopardize future federal infrastructure funds for other projects” is a winner, but what do I know.

The story covers a lot of ground, so let me just add a couple of things. It’s not clear who is actually opposing this phase of the larger project. The story mentions some grousing by businesses but doesn’t provide any names or quotes to go along with that grousing, which is a feature of literally every road construction situation that has ever existed in Houston. Is there an organized opposition or just a collection of malcontents? Or does that even matter and this is all being driven by Mayor Whitmire’s personal preferences, the will of the affected residents be damned? It would be nice to explore that in more detail, for this project and any others that are now subject to mayoral whim.

As for the traffic, I gotta tell you, I spent an entire school year carting home one of my daughter’s classmates, who was in our carpool and who lives in the Garden Oaks area, and I did all of this driving not only while Durham/Shepherd was under construction, but also West 11th at the beginning of it. And honestly, as annoying as any trek through construction is, it just wasn’t that bad from a travel time perspective. Both Shepherd and Durham were down to two lanes for the construction, and that usually meant it took a couple of cycles to get through the traffic lights, but that was about the extent of it. Compared to any of our favorite freeway segments, it was a stroll in the park. I get that it was a pain for the businesses, and for people who lived on some of the side streets when their intersections were closed off, but that’s road construction for you. You live with the mess and get a better driving experience afterwards.

And hey, if you’re at all familiar with the stretch of Durham/Shepherd from, like, Allen Parkway all the way to 610, you know what a moonscape it was before the renovations. It’s so much better now, and your suspension thanks you for it. If you can tell the difference between the three-lane experience and four lanes, I congratulate you on your superior sense of perception. I sure can’t tell.

You know who I bet can tell the difference? The people who live in those surrounding neighborhoods, especially the ones right on Durham and Shepherd. There’s new apartments on Shepherd, and new townhomes and houses on the nearby streets. There were always residents in the area, though I’d guess there are more now, and there are now a lot more places for them to go, places to eat and drink and shop. These streets are now safer for them and their kids to cross, and it’s a lot easier to imagine walking to these places instead of getting in your car to drive a quarter mile and hunt for parking. Funny thing, people who live in neighborhoods like doing things like that. They don’t like cars zooming by at highway speed. If I were living south of 15th Street and saw what my neighbors a few blocks north were getting that I was now not going to get – even just the nice, smooth main streets – I’d be pretty pissed about it. Direct your feedback to the Mayor, y’all.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , | 22 Comments

May 2024 special election early voting, Day Seven: Two more days to go

The Sunday of early voting is always the slowest day, as it has the shortest hours and no mail delivery. This Sunday was no exception, as a total of 780 ballots were cast, all in person. That brings the in person total to 10,282. As it happens, the mail ballot total ticked up a bit even though no new ballots were received, but 547 of the previously received ones that had not yet been counted were cured – that is, missing information on the ballot was supplied by the sender – bringing that total up to 13,446. That takes us to 23,728 total votes cast with two days of early voting to go.

I’ve said before and will say again that I’m not going to guess what turnout may wind up being. I will say that I had been mentally drawing an over/under line of 30K early ballots as of Friday, and as of today that line hasn’t moved. Maybe today’s returns will make me rethink. I hope it does, because at this pace I don’t see us getting anywhere close to the 4-5 percent turnout of past May elections. We’ll be lucky to top two percent at this rate. We have these days and next Saturday to change that trajectory. Go vote if you still haven’t. It’s like you’re voting for a couple dozen other people as well.

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Tarrant County DA still wants to prosecute Crystal Mason

What an asshole.

Tarrant County District Attorney Phil Sorrells wants Crystal Mason’s illegal voting conviction reinstated, his office announced Thursday.

Mason, a Tarrant County resident, was acquitted of an illegal voting charge last month. Sorrells’ office is now asking the Texas Court of Criminal Appeals to overturn the ruling that cleared her.

Mason was convicted of illegal voting in March 2018 and sentenced to five years in prison for casting a provisional ballot in the 2016 election while on supervised release for federal tax evasion.

“This office will protect the ballot box from fraudsters who think our laws don’t apply to them,” Sorrells’ office said in a statement.

The office argues the Second Court of Appeals did not give proper deference to the trial court’s guilty verdict and reweighed the evidence in favor of Mason when it overturned her conviction.

Sorrells’ office adds Mason was fairly convicted based on testimony from election staff that she understood she was not eligible to vote.

Mason has maintained she did not know she was ineligible to vote.

“It is disappointing that the state has chosen to request further review of Ms. Mason’s case, but we are confident that justice will ultimately prevail,” Tommy Buser-Clancy, senior staff attorney at the ACLU of Texas, said in a statement. “The court of appeals’ decision was well reasoned and correct. It is time to give Ms. Mason peace with her family.”

Though it had initially upheld her conviction, the Tarrant County-based Second Court of Appeals overturned it last month after the Texas Court of Criminal Appeals instructed the lower court to “evaluate the sufficiency” of the evidence against Mason.

Initially, the court found that Mason’s alleged knowledge that she was on supervised release, and therefore ineligible to vote, was sufficient for an illegal voting conviction. But in instructing it to reevaluate the case, the Texas Court of Criminal Appeal ruled the lower court “erred by failing to require proof that [Mason] had actual knowledge that it was a crime for her to vote while on supervised release.”

See here for the previous update. I don’t know why the CCA would get involved here – they could have let her conviction stand in the first place. Given the way the CCA usually goes, it’s quite remarkable they ruled as they did, though by then the Lege had passed a law clarifying the situation Ms. Mason was involved in as described above. This is all political and thoroughly vile, and I hope the CCA swiftly rejects Sorrells’ motion. And then I hope Tarrant County voters take out this piece of trash in 2026.

Posted in Crime and Punishment | Tagged , , , , , , , , , , , , , | 4 Comments

Bringing back black bears

Cool.

Photo by Pam McIlhenny

It’s difficult to visualize these days, what with the light pollution, overdevelopment and sprawl that have come to define the greater Houston area, but the ground we now stand on was once the domain of 5’ 6” black bears.

Specifically, the Louisiana black bear subspecies (Ursus americanus luteolus). Sam Houston hunted them from his cabin in Montgomery in the 1850s. In Nacogdoches, a feast of bear meat was held during the Texas Revolution. In Conroe, builders had to shoot at black bears disrupting the 1891 construction of the courthouse.

But, if you haven’t noticed, there aren’t many of our native black bears around these days.

The black bears native to east Texas have experienced a habitat reduction of 80 percent due to property fragmentation, deforestation and unregulated sport hunting. As a result, their numbers in east Texas have dwindled to zero.

That matters because as apex predators, the bears once played an essential role in the balance of the east Texas ecosystem. Were they around, they might be keeping the exploding populations of deer and rampaging feral hogs in check.

That’s where the Texas Black Bear Alliance (TBBA) comes in. The nonprofit organization is working with the Texas Parks & Wildlife Department (TPWD) to explore eventually bringing black bears back to east Texas.

They estimate that through their efforts, the bears could be reintroduced here within the next 20 years.

“Bears are in Big Bend. They came over when Mexico was having a drought. They came in search of food, and now they have shade, which is fabulous,” said TBBA president Ellen Buchanan. “We’re hoping that that happens here … If bears don’t come themselves to east Texas, [TBBA and TPWD will] facilitate bringing bears back.”

There’s a lot of factors in play here, from public education initiatives to available federal funding, which might be applied to other species considered a higher priority in Texas, to the ironic fact that these bears are no longer on the endangered species list because of successful conservation efforts in Louisiana and Mississippi. The reintroduction of Mexican black bears in Big Bend National Park provides some hope, though this would be a multi-decade effort even if all goes well. And if it does all go well, the future habitat could include some bits of Harris County. Read the rest, it’s a fascinating story.

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Weekend link dump for April 28

“Americans Throw Away Up to $68 Million in Coins a Year. Here Is Where It All Ends Up.”

“Performing in the U.S. for international artists just got a lot more complicated. On April 1, the United States Citizenship and Immigration Services instituted a 250% visa fee increase for global musicians hoping to tour in the U.S. Artists, advocacy groups and immigration lawyers are concerned it could have devastating effects on emerging talent worldwide and local music economies in the U.S.”

“In fact, the striking thing when you examine the relationship between local news and conservative audiences is that, in spite of all the differences between the Bucks County Courier Times and the New York Times, their alienation from conservatives sounds dishearteningly similar.”

“But this, in short, is Gingrich’s legacy: He pioneered the practice of speaking to the cameras instead of to his colleagues, and he recognized that by doing so you could cut the line and assemble your own power base.”

Family Guy creator Seth MacFarlane is partnering, through his Seth MacFarlane Foundation, with Martin Scorsese’s Film Foundation to fund the first-ever, curated restoration of historically significant animated shorts from the 1920s to 1940s.”

Ads and nags in Windows 11 driving you nuts? Here’s how to turn them off.

I wouldn’t have thought anyone would be objectively pro-polio these days, but I would be wrong.

“So what’s actually happening? Are more planes having incidents than ever before? Or are we just hearing about more incidents?” (Spoiler alert: We’re just hearing more about them.)

RIP, Terry Anderson, former Associated Press reporter who became one of America’s longest-held hostages after he was kidnapped in Lebanon in 1985 and held for nearly seven years.

“New York state lawyers and an attorney for former President Donald Trump settled their differences Monday over a $175 million bond that Trump posted to block a large civil fraud judgment while he pursues appeals.”

“The vote was 3-2 in favor of banning noncompete agreements for new workers and voiding them for all existing workers (except C-suite executives). This will eliminate the ridiculous practice of fast food chains hiring sandwich makers and then prohibiting them from quitting and going to work for a different fast food chain—and giving their valuable, proprietary sandwich making expertise to the competition.”

“Why Foundations That Back Progressives Are Funding a Leading Conservative Think Tank”.

“Never before has the party in control of the House of Representatives knowingly and willingly castrated its own power so thoroughly as today’s Republicans.” I dunno, maybe giving a handful of nihilist fanatics veto power over everything you do is a bad idea?

What If Your AI Girlfriend Hated You?”

“When anyone in politics says, “Forget about the political labels,” realize that they are trying to squirm out of the losing side of an argument.”

“Medical records for out-of-state abortions will now be protected by HIPAA“. Well, until the ADF can roust up a plaintiff to bring a lawsuit before Matthew Kacsymarek, anyway.

Lock him up.

Lock them up.

Ted Cruz was actually right about one thing, it’s just something he doesn’t want to talk abut now.

RIP, John Trimble, Star Trek superfan who along with his wife Bjo led the drive to save the original Trek from cancellation at NBC, paving the way for its long-lived future. See here for more.

“In general, establishment evangelicals and the legacy institutions of the religious right supported aid for Ukraine while cable TV and online evangelicals opposed it. Johnson and Greene serve as representatives of those respective factions.”

Good for Reggie Bush, and about time, too.

“The Bronx Children’s Museum, in conjunction with The Players Alliance, the Yankees and Bronx Terminal Market, unveiled a new outdoor mural titled “Exhibiting Possibilities: Legendary Yankees,” featuring the six living Black baseball legends, all of whom left their respective marks on the Yankees franchise.”

“On Thursday, during oral arguments in Trump v. United States, the Republican-appointed justices shattered those illusions. This was the case we had been waiting for, and all was made clear—brutally so. These justices donned the attitude of cynical partisans, repeatedly lending legitimacy to the former president’s outrageous claims of immunity from criminal prosecution.”

“Everything comes into conceptual alignment if we understand the Court’s corruption: corrupt in its construction, corrupt in its jurisprudence, venally corrupt as well, though that is the least of its problems.”

“The Onion’s owner said on Thursday that the satirical news site has been sold to a new Chicago-based firm created by four digital media veterans who are fans of the publication.”

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Mayor Whitmire, Judge Hidalgo. Judge Hidalgo, Mayor Whitmire.

What are we doing here?

Mayor John Whitmire

April made four months into Houston Mayor John Whitmire’s administration and he had yet to meet face-to-face with Harris County Judge Lina Hidalgo.

“It has me worried, but it’s outside my control,” said Hidalgo. “I can’t force someone to meet with me.”

Whitmire held countless meetings since becoming mayor of Houston, but one person who was never on his schedule was Hidalgo, who is head of the state’s largest county.

“We’ve had ongoing requests to meet, offered different times, I’ll go there, whatever, but he’s too busy,” said Hidalgo.

In March, when President Joe Biden visited Houston, Hidalgo thought she’d get her chance.

“Normally we all wait in one room with the pastries and coffee and I didn’t see him,” said Hidalgo. “Turns out he was in a different room. We always are in the same room.”

Hidalgo said building a relationship with Whitmire is “critical,” especially with hurricane season approaching.

“The problem is that there’s real policy at stake,” said Hidalgo. “It’s about to be hurricane season. I still haven’t walked him through the emergency operations center. We haven’t been able to get us at this level to build a relationship and work together.”

There is a complicated history between Hidalgo and Whitmire. Hidalgo endorsed Whitmire’s opponent in the mayoral race – Congresswoman Sheila Jackson Lee.

“As I said during the campaign, if he wins, I’ll work with him, that’s how it works,” said Hidalgo. “I’ve had to work with a lot of people who didn’t support me. You have to do the job.”

A key part of that job is partnership during crises. It’s something KHOU 11 political analyst Brandon Rottinghaus said voters saw up close between past administrations.

“If there is some disagreement, that has to be put aside,” said Rottinghaus. “The good of the region is in the hands of these two critical leaders.”

Campos and Stace have had their say on this. I’m going to keep this simple. I can understand where the Mayor is coming from. There’s a reason why most elected officials pick their spots carefully when endorsing in local races, and why the answer I almost always get when I ask Council candidates who they’re supporting for Mayor is some variation on “I’ll work with whoever is elected”. Judge Hidalgo picked a side, her side lost, and now here we are. Politics ain’t beanbag and all that.

But come on, the election is long over, and last I checked nearly everyone who is represented by Mayor Whitmire is also represented by Judge Hidalgo. There’s tons of shared interests, which go well beyond just disaster and emergency preparedness and response. Mayor Whitmire, to put it gently, is not new at this. He himself has told us at length of his ability to work with people who are not on his team. Why that is not the case here remains a mystery – he did not respond to KHOU’s request for a comment. For a guy who brags about how good his relationship is with state government, it’s quite remarkable how he seems to have no such relationship with county government.

All of which, I say again, would seem to be counter to the Mayor’s own interests, as he tries to reduce costs and tame the city’s finances. To wit, from the Council meeting on Wednesday the 24th:

CM Kamin remarked on climate change and the increasing likelihood of extreme weather related events in Houston, like hurricanes, droughts, extreme temperatures, air quality, etc. She said the City is not prepared and the region needs both large infrastructure projects (Ike Dike, North Canal Project) and small ones, like the drainage projects that often accompany street improvement plans. She said, “We desperately need the planned projects that we have in place for flood mitigation … We need those projects now. We needed them yesterday.” I can’t be sure because she didn’t name names, but I’m pretty sure she’s talking about the Montrose Blvd drainage and street improvement plan that has been in the news recently because some trees need to be removed (and replaced).

Mayor Whitmire defended the City’s preparedness and advocated for partnerships with the County and the State Emergency Center.

(Source) You know what might help facilitate those partnerships with the County? Picking up the goddamn phone when the County Judge calls to get together for a meeting. I’m just saying.

UPDATE: Okay then.

Facing mounting pressure from Harris County Judge Lina Hidalgo’s office, Houston Mayor John Whitmire finally responded to inquiries as to why the top two city officials have not yet formally met: He doesn’t have time for games.

[…]

On Thursday, Whitmire released a statement at long last explaining why he and Hidalgo have not even been photographed together since the two met with President Joe Biden on Air Force One. (Hidalgo has met President Biden twice.)

“Mayor Whitmire says he doesn’t have time for games or meet and greets,” the statement began. “He is busy running the city of Houston, which includes preparing for Hurricane Season with the assistance of the City’s Office of Emergency Management.”

Whitmire went on to say that he has hired employees to coordinate with the county on hurricane planning, and the two teams have met at least ten times to discuss emergency management.

“Mayor Whitmire has met with Harris County Commissioners Garcia, Briones, and Ramsey, and he is confident he and Judge Hidalgo will meet when it’s time.”

Again, I am mystified how someone who has been in politics since approximately the Roosevelt administration can be this cavalier about the need to work with others, especially those that ought to be generally in alignment with him. I’m just gonna leave this here:

via GIPHY

It would be a lot funnier if it didn’t directly affect me, I’ll say that much.

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More on Amtrak and Texas Central

Some good followup in the Chron on the question of Amtrak pushing the high speed rail line in Texas.

With Amtrak taking the reins, for now, of a Texas bullet train project, here’s some of the issues that will determine whether what’s been discussed in the past becomes the future way for thousands to travel between Houston and Dallas, at a probable cost of more than $30 billion.

Amtrak is studying the project, and if it is financially feasible, Amtrak officials might propose the high-speed rail as part of their long-term strategy.

At this point, it is identical to the project proposed by Texas Central Partners more than a decade ago that relies on Japanese-designed Shinkansen bullet trains running along new tracks mostly following an electrical utility corridor between a site on the southern edge of downtown Dallas and the current site of Northwest Mall at Loop 610 and U.S. 290 in Houston. A stop is planned in the Roans Prairie area near Bryan-College Station.

Trains would take about 90 minutes to make the roughly 240-mile trip, which would make it the fastest way to get between the metros if you factor the additional time needed to arrive for airline flights.

Over the next few weeks, potentially months, Amtrak will continue studying the economic and environmental realties of high-speed rail between Houston and Dallas, using everything compiled by Texas Central Partners.

“We are taking our time to look through the cost estimates,” [Andy Byford, senior vice president of high speed rail programs for Amtrak] said.

That viability needs to be considered post-pandemic, he said, when early analysis indicates less business use for the train but more leisure use by visitors who might want to travel easily between Texas cities.

“The business case is stronger than ever,” Byford told rail conference attendees, saying later “I really do think it is viable.”

See here and here for some background. The rest of the story addresses issues like whether Texas Central is still a thing (on paper, at least, but not much more beyond that), whether Dallas and Houston are still all in on it (Dallas is, Byford hasn’t talked to Mayor Whitmire yet), acquiring the land (some is already bought, the rest will be bought or eminent-domained as needed, as before), whether public funds would be involved (almost certainly yes, which is not the original vision Texas Central pushed, not that I care at this point), and whether the opposition is still opposed (oh yeah, for sure). Read the rest for the details.

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Driverless snowplows

I realize this is unlikely to be of much interest in our part of the world, but as a devoted purveyor of autonomous vehicle news I felt compelled to share this with you.

Probably not in Houston

Jordan Smith was in Las Vegas looking for snowplow driving simulators. Seeking such devices in the Nevada desert seems odd, until you realize that Smith, the owner of a major North American supplier of snow removal machinery called Storm Equipment, was in Sin City attending CON-EXPO, a giant construction equipment trade show.

“There are a lot of contractors there who do snow,” he says. But, after testing out four different ersatz driver training models, he came away disappointed. “They just didn’t feel like real plows.”

Then, Smith happened on a booth for a new startup called Teleo. Founded in 2020 by a pair of engineers formerly employed in Lyft’s Level 5 autonomous vehicle project, the company was not hawking an instructive simulator. Instead, it was peddling a remote-control module.

This device is capable of being connected, via a proprietary black box and a zillion lines of code, to any large machine that operates in a zoned-off area—like a front loader or bulldozer at a construction or mining site, or a snowplow in the parking lot of a 1,000,000 square-foot Amazon distribution center. Then, using a Teleo remote controller, an operator can, from the comfort of, well, anywhere, move a machine around remotely, or even set it up to conduct repetitive tasks, autonomously.

Smith hopped into Teleo’s hot seat. Not only did its controls provide more feedback and, according to him, “feel like a real machine,” he was able to toggle back and forth between operating a machine in California and one in Nevada. After 90 minutes, he had an epiphany. “We shifted our thinking on the entire project, and instead of engaging with a simulator company to train our operators, we invested in this technology.”

The resulting partnership between Teleo and Storm Services was put to the test this past winter in Minnesota. Smith equipped a few of the heavy machines his subsidiary, Storm Snow Services, uses to clear giant corporate parking lots, and waited for the white stuff to fall. Unfortunately, he was foiled by the weather, somewhat.

“We had record low snowfall this winter, but we did put it into service on one of our sites,” Smith says. Response from his operators was unanimous and universal. According to Smith, “It was more comfortable than sitting in a cold cabin. The visibility was better because they have the full surround cameras. You don’t have as much noise and vibration. You’re not bouncing around. And you can work on multiple different job sites in one seat.”

[…]

Teleo aims to assist in two ways. First, according to [Teleo CEO Vinay] Shet, “It makes the job easier, and more accessible.” This may allow contractors to attract a wider pool of operators, and retain quality operators. Second, because the machines are partially autonomous and can run on their own some of the time, a single person can supervise multiple machines simultaneously. “That will further boost productivity of the operators,” Shet says. Yay! More work! Just what everyone wants.

Teleo also lowers the bar a bit on who can be an operator. “There is no commercial driving license per se in this world,” Shet says. Instead, operators are trained on Teleo’s intuitive system. “We’ve even seen that people who don’t have experience operating machines are able to sit behind our controls,” Shet says.

Also, anyone with a stable commercial internet connection can control the machines from anywhere on earth; a demonstration was recently completed where someone in Texas controlled a machine in Finland. So, like many other jobs in race-to-the-bottom post-industrial American capitalism, the positions could be farmed out to low-wage, low-oversight workers overseas. Although not right away. Currently the technology in use needs a network in close proximity, so still better for nearby parking lots than remote city streets.

Seems like a pretty obvious use case, I suppose. Things may get trickier for using them on the roads, where possibly hidden hazards like parked cars and potholes may cause problems, but that will be an issue for municipal governments and the insurance companies. If autonomous 18-wheelers are coming to an interstate highway near you, then I can’t imagine why a remote-controlled snowplow wouldn’t be at work as well. Welcome to the future, like it or not.

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May 2024 special election early voting, Day Five: More than halfway there

We have completed five days of early voting for the May special HCAD and SD15 elections, with four more days to go. The Day Five daily EV report is here. There have been 7,980 in person votes and 12,901 mail votes for a total of 20,881. Another way to look at this is there have been about 1,600 in person votes per day, and about 2K mail ballots have arrived since day one. The daily in person total has ticked up each day, which is positive, but who knows what that means going forward.

I’m very much not in the business of trying to guess what happens from here. I don’t know if we’ll get the last day spike in early in person voting. I don’t know how that went in the earlier May elections, and I’m not sure how relevant it would be anyway. I have no idea if we’re likely to have the bulk of the vote cast early or if there will be a significant May 4 turnout. Given that the norm for non-Presidential year elections in the past was for half or more of the vote to be made on Election Day, one might guess this will be similar. If nothing else, the fact that word is probably still just beginning to reach some voters about the election, that is a plausible scenario. Against that, I’ve been burned in each of the last two elections projecting Election Day totals from past performances, which tells me that we have in general become an electorate that just prefers early voting, and that suggests that the Election Day cohort will be smaller than I think. This election is a unicorn and I don’t know what if any trends may apply. We’ll be taking it as it comes. Feel free to make your own guesses, but count me out of that. Have you voted yet?

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Texas Medical Board’s abortion guidance is a mess

I have three things to say about this.

Doctors who perform life-saving abortions may soon be required to document whether they first tried to transfer the patient to another facility to avoid terminating the pregnancy, a move some say goes beyond the language of the law.

Health lawyers and doctors worry this proposed requirement further disincentivizes doctors from performing medically necessary, but legally risky, abortions.

“This creates even more uncertainty for doctors who were already concerned,” said Rachael Gearing, a Dallas health care lawyer who represents OB/GYN clinics. “It’s basically saying, ‘Well, you should have passed your patient off to someone else who would have held out longer and wouldn’t have done the abortion.’”

Texas’ laws allow abortions to save a patient’s life, but doctors have struggled to apply that exception in practice, especially when faced with up to life in prison, fines and the loss of their medical license.

After pressure from the Texas Supreme Court and an official petition, the Texas Medical Board issued guidance in March laying out how the licensing agency would investigate complaints of prohibited abortions. The agency is currently considering public comment and will finalize the proposal at or after its June meeting.

In addition to requiring doctors to document how they diagnosed the patient as needing an abortion, the board’s proposal requires them to note whether there was “adequate time to transfer the patient, by any means available to a facility or physician with a higher level of care or expertise to avoid performing an abortion.”

Texas Medical Board President Dr. Sherif Zaafran said this was no different than what doctors are typically expected to do when a patient requires a higher level of care. He said the agency was not trying to “second guess” doctors, but rather laying out what they might expect to see in documentation if they are called on to investigate a complaint.

“All we’re asking for is, you’ve made a determination, you’ve made a diagnosis, you’ve prescribed a treatment plan,” he told The Texas Tribune. “Help us understand what led you to come up with that diagnosis.”

But doctors — and the lawyers who represent them — say the law’s crushing penalties mean treating complicated pregnancies is vastly different than any other type of medical treatment in Texas.

“How can a physician feel protected enough to provide good medical care when the ultimate decision is going to be made by the court, and they may not support the physician?” said Dr. Todd Ivey, a Houston OB/GYN and officer with the Texas chapter of the American College of Obstetricians and Gynecologists. “And then suddenly, you’re subject to criminal and civil liabilities?”

[…]

The medical board is taking public comment on the proposed guidance and is considering holding stakeholder meetings to hear directly from impacted parties. At the board’s next meeting in June, it will either introduce changes to the proposal or adopt the guidelines as they exist.

Ivey, the Houston OB/GYN, said he appreciates the tough spot the board is in trying to address this extremely fraught issue, but he is disappointed they didn’t do more to address doctors’ fears of being criminalized.

“We need some way we could allow physicians to practice good medicine without worrying about being criminally prosecuted or having some huge civil action against them,” he said. “We want to practice good medicine and take care of people within the confines of the law. We need the law to help us, not hinder us.”

Gearing said she was hoping for more of the “red lines” recommended by the Texas Supreme Court, like saying doctors that got two concurring opinions from fellow physicians could safely proceed.

Zaafran acknowledged the frustration with what the board has put out so far, saying they were being asked to give a “black and white answer” that doesn’t exist.

“The law is black and white — you cannot perform an abortion unless there is potential for major bodily injury or permanent organ damage, or death,” Zaafran said. “The part that is not black and white is determining what is a threat to somebody’s life, or a threat of permanent bodily organ damage or injury … That’s where the judgment is.”

See here for the most recent update, and be sure to read the rest of the story, there’s a lot more discussion of the guidelines including a reminder that this is all happening as SCOTUS could be preparing to make a hash of EMTALA. My three things:

1. The wording on the Texas anti-abortion law is deliberately vague, and the reason for that is that in conjunction with the harsh penalties it’s going to ensure that its boundaries are never tested. No doctor in their right mind wants to risk being arrested and threatened with 99 years in jail and the loss of their license, and that’s even before we consider the extremely risk-averse hospitals’ considerations. This is why Amanda Zurawski and Kate Cox and the others sued to get clearer guidance from the courts, and why it was so cowardly of the Supreme Court to wash its hands of the matter while suggesting that the TMB step in. The doctors need to know what the law says, in detail and with examples. The Lege and SCOTx have refused to give them that. What is clear is the reason why.

2. In any other context we would trust the doctor to use their best judgment to properly apply the correct standard of care that takes into account the interests and well-being of the patient. Abortion bans like what we have in Texas forbids them from doing that, thus leading to the mishmash of vagueness and threats noted above. In any context, a doctor’s judgment can be questioned by another doctor – this is why second opinions are often valuable – but in no other context is the downside risk of having one’s judgement questioned so massive.

3. And that again is why this whole exercise of asking the TMB to write this guidance is, well, misguided. They can’t interpret the law, and even if they tried it wouldn’t matter anyway, because the ultimate arbiter as I’ve said all along is Ken Paxton. I guarantee you, he will always be able to find a doctor who will question the judgment of anyone who decides that an abortion is the right course of action. Who would ever want to risk that?

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Ted Cruz may owe taxes on his podcast payments

This is a gift that keeps on giving.

I hear Cancun is nice

The peculiar payment scheme behind U.S. Sen. Ted Cruz’s popular podcast has raised ethical questions and drawn complaints about election law violations.

Now tax experts say the deal involving a massive radio network that picked up the “Verdict with Ted Cruz” podcast in 2022 and a super PAC supporting the Texas Republican’s reelection effort could also raise red flags for the IRS.

While Cruz says he makes no money off the hosting gig, iHeartMedia has sent more than $630,000 in ad revenue from the podcast to the Truth and Courage PAC, which produces the show and says it owns it. The exact terms of the arrangement are unclear, and no parties involved have been willing to disclose them.

But tax experts say Cruz may still need to report income on his tax forms, even if he isn’t pocketing any cash. That’s because the law requires income to be taxed to the person who does the work. In this case, they say, that would be Cruz serving as the host of his podcast.

“It’s still going to be his income, because he’s the one who ‘earned it,’” said Brian Galle, a tax law professor at Georgetown University. “This isn’t like a charity that auctions off one hour of free accountant time or something. … This was a payment for a series of appearances by Ted Cruz and not by anybody else.”

Galle, a former federal prosecutor in the Department of Justice’s tax division, said the arrangement is similar to a nun who works in a hospital and sends their pay back to the church because they have taken a vow of poverty. The nun is entitled to a salary for her services, even if she doesn’t collect it. The IRS has said the nun still has taxable income, Galle said.

“You can’t tell the government it’s not my money if you’re the one who earned it,” he said. “It doesn’t matter where the money goes.”

[…]

At least one tax expert was less sure Cruz would be on the hook for any tax liability from the show. Andy Grewal, an income tax law professor at the University of Iowa, said it would only be a violation if Cruz was entitled to a payment for the podcast and told iHeart to pay the super PAC instead.

“If he’s just showing up, I don’t see it,” Grewal said.

And without seeing the actual agreements behind the podcasting deal, or how the money is being reported to the IRS, it is impossible to know if there have been any violations, he said.

But Calvin Johnson, a tax professor at the University of Texas at Austin, said the arrangement appears to allow Cruz to shift payments “from one pocket to another pocket.” While he isn’t taking personal compensation, he is still benefiting from the money going to the PAC that is already running ads supporting his reelection efforts. Cruz is running for a third term and faces U.S. Rep. Colin Allred, a Dallas area Democrat, in the November election.

“The tax statute is perfectly clear that transfers in connection with performance of services — and that’s what this is — get taxed to the services,” Johnson said, meaning Cruz.

See here, here, and here for the background. I was not ready to see Ted Crux be compared to a nun, I’ll say that much. I assume the way to test the hypothesis of whether he owes those taxes or not is for someone to file an IRS complaint and let them sort it out. I trust someone is looking into that. And I maintain the simplest way to resolve all of this is for Cruz to step down from the Senate and podcast fulltime. No pesky ethics issues, the payment model is clear, and it’s clearly what he really wants to do. Take that step, Ted, you can do it. Reform Austin and the Current have more.

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Ogg brings in Paxton on Hidalgo aides case

Really? I mean, really?

Harris County District Attorney Kim Ogg announced Thursday she is handing the pending criminal cases against three of County Judge Lina Hidalgo’s former staffers to Texas Attorney General Ken Paxton’s office.

Ogg stopped short of calling her actions a recusal. She asked Paxton to “assume jurisdiction” in the cases, but Paxton’s office said in a press release that it “will assist” the Harris County District Attorney and Texas Rangers.

“I will never sit idly by and let public corruption cases be dismissed, swept under the carpet or even allow the rule of law to be overwhelmed by politics,” said Ogg at the press conference with three members of the Texas Attorney General’s office and the Texas Rangers investigator assigned to the cases.

It’s hard not to see this as a pre-emptive strike against Sean Teare’s stated intention to recuse the DA’s office from the case and hand it off to another District Attorney. I agree completely with this:

“For most Democrats, Ken Paxton is a scoundrel. He is seen as the enemy in any number of policy venues, and as someone who is more attentive to his political base than to doing his job,” said Brandon Rottinghaus, a political science professor at the University of Houston. “His involvement will be perceived as another political dagger that Kim Ogg is attempting to stick into Judge Hidalgo.”

At this point I will just note that the next court date for this case is May 13th, per that Landing story, and there’s still an un-actioned motion to recuse Ogg from the case. Perhaps that will come up on that date.

This week has been a real news geyser, so I’m just going to note a couple more bits of interest from that story and finish up:

Teare criticized Ogg’s decision to enlist the attorney general’s office, calling Paxton the “most political prosecutor in the state, who will work in tandem with a politically motivated DA” in a statement.

Throughout the Democratic primary, Teare said Ogg had politicized the district attorney’s office through the prosecution of Hidalgo’s staffers.

“By a three-to-one margin, voters rejected the politicized way that our prosecutor’s office has been run,” Teare wrote. “Unfortunately, Kim Ogg ignored the voters and called a press conference to attack her opponents and make clear that fighting political feuds is more important than finishing her term ensuring justice for victims across our county.”

Teare’s statement did not specify whether he could or would jettison state prosecutors if elected.

[…]

At the press conference, Ogg rejected the idea that politics played a role in her decision. She said she was sending the case to Paxton’s office because it is the best-resourced in the state.

“Evidence is not political, it is simply evidence, and I want this case heard by a Harris County jury,” Ogg said.

I appreciate the desire to keep the case in the county, but appointing a special prosecutor would have accomplished that. To be sure, you have to pay for one of those (unless you’re Collin County and the defendant is Ken Paxton, of course), but I daresay that Commissioners Court would have taken that over the “or we could bring in Ken Paxton” option. We’ll see what happens if this case is still pending as of next January. The Trib has more.

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Parking meter extended hours proposal withdrawn

Probably dead, though I suppose it could come back.

Proposals to make it easier to extend parking meter enforcement hours and install speed cushions did not advance at Houston’s inaugural Proposition A committee meeting Tuesday, after both failed to meet the quorum requirement for voting.

Council Member Edward Pollard, who introduced both proposals, said he wants to indefinitely table the parking meter item, but continue to pursue the speed cushion item because of its importance to his constituents.

He said he would rather council members tag items brought under Proposition A, which allows any three members to put an item on the agenda, in weekly council meetings than send them to languish in committee.

“At no point in time do I believe going through a made-up committee is reaching the intention of the voters,” Pollard told the Chronicle Tuesday.

The committee meeting, he said, was a way for Mayor John Whitmire’s administration to control the process of bringing items forward under Proposition A. Whitmire says he created the committee to help vet Proposition A proposals, but critics say committee process leads to unnecessary red tape and may go against the spirit of the historic city charter change.

[…]

When Pollard’s parking meter proposal was introduced in committee, his office pulled the agenda item and said he had not decided not to pursue it any further. Pollard chose not to attend, citing his general disbelief in the committee process.

As the city faces a projected $230 million to $280 million budget deficit, Pollard said he pushed the proposal, which would have extended metered hours from 6 p.m. to 2 a.m., Monday through Saturday, as a way to potentially create more revenue for the city.

Maria Irshad, deputy director of ParkHouston, told the committee the proposal would have generated about $1.4 million to $2.4 million in revenue for the city.

See here and here for more on the parking meter proposal, and here, here, and here for more on the Prop A committee. The speed bump proposal (sorry, I refuse to call them “speed cushions”; I’ve come around on their utility but they’re still suspension-busting nuisances) is still in play and I think deserves more attention, but I’ll leave that for another time. As I said before, I appreciate that CM Pollard has been thinking about more ways to generate revenue for the city, which it needs now more than ever. Earlier stories mentioned a higher estimate for this proposal, but those may have been optimistic projections from CM Pollard. The point about needing more revenue still stands, and even if this would only generate a relative pittance, it was still worth considering. Let’s not end that kind of thinking here.

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Travis Scott remains in the Astroworld lawsuit

All of the motions to get out have been decided.

A Harris County District Court judge denied rapper Travis Scott’s bid to be removed from the upcoming civil trial over the deaths and injuries that occurred at the 2021 Astroworld festival.

Judge Kristen Hawkins issued a series of orders Wednesday keeping the festival’s headliner as a defendant in the lawsuit, while also removing other defendants that had sought summary judgment.

[…]

Hawkins also ordered that ASM Global and its related companies, who manage NRG Park, remain as a defendant. The judge also rejected a second attempt by Apple Inc., to be removed from the litigation.

Seyth Boardman, the festival’s safety and risk director, was also denied summary judgment.

Hawkins granted summary judgement for Tri Star Sports & Entertainment Group and Unified Command LLC, removing them from litigation.

In a hearing last week, Scott and other parties in the sprawling lawsuit argued they should be dismissed because the suing victims had failed to show evidence showing them potentially responsible for the tragedy, or had failed on other matters of law.

It was the second such hearing held in Hawkins’ court. Earlier in the month, she issued another series of orders removing other defendants from the lawsuit, including the rapper Drake, who performed with Scott at the end of the concert.

The defendants who remain will likely now play a part in the first jury trial to occur over a death connected to the festival.

See here, here, here, and here for the background. The trial itself begins on May 6. It’s important to remember that this is just the first of the lawsuits filed over the Astroworld tragedy to be litigated. There are others, with many other plaintiffs, that will surely be affected by the outcome here. I’ll be keeping an eye on it.

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Dispatches from Dallas, April 26 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, it’s all elections all the time, both the May 4 general election and the May 28 runoff. Plus, student protests, more on the Tarrant County Judge’s dislikes, book banning, the Arlington nuns, the Dallas firm that wants non-competes back, the Pennsylvania billionaire that’s dropping big cash on pro-voucher PACs in Texas, problems in the Tarrant and Dallas County jails, the Dallas Wings are coming to Dallas, Texas documentaries at the Dallas International Film Festival, and a new lake in North Texas. And more!

This week’s post was brought to you by the Ukulele Orchestra of Great Britain, whom we saw this week. They were a lot of fun and we recommend catching them if they come to your town on this tour.

Let’s start with some talk about the May 4 general election, which is currently in early voting. (Get out and vote, this weekend if you haven’t already done so. That’s my current plan.) We have a lot of local stories that cover what you need to know about the Tarrant County races, the Dallas bonds, DISD trustees, and even one of the DCAD races.

That’s a lot, but when we’re done, we also get a primary runoff election on May 28, about which we’re getting a lot of coverage already. To wit:

And with that all under our belts, let’s go look at the rest of the news coming out of the Metroplex and surrounding areas.

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May 2024 special election early voting, Day Three: Still slow going

Here’s your Day Three early voting report from the May 2024 special election. As of the third day, a total of 16,078 ballots have been cast, with 4,399 in person votes and 11,679 by mail. 3,111 in person votes have been cast since day one, and 821 mail ballots have arrived. It would be nice to say that we’ll get a Week 2 boost, but we only have two days of early voting next week, and the step up in daily turnout usually comes on day three, if not day four, when we have a second full week. The last day should still be a bigger number, but we’re starting at such a low point that may not matter much. Get out there and vote, is what I’m saying. Never does your vote count so much as it does in a low turnout election.

If you have voted, how was it at your location? If not, when are you planning to do so? I’m thinking today is the day for me.

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SCOTUS hears the EMTALA case

Hope for the best, but be prepared for the worst.

The Supreme Court appeared split Wednesday in a case over whether a federal law requiring hospitals to provide appropriate stabilizing medical treatment for patients could in some cases overrule a state’s abortion ban — a question with tremendous implications for pregnant patients’ ability to access emergency health care.

The case, Idaho v. United States, concerns enforcement of the Emergency Medical Treatment and Labor Act, known as EMTALA, in instances when it could conflict with individual state abortion bans. Passed in 1986, the law requires that hospitals with emergency departments that participate in Medicare — the vast majority of hospitals — screen patients and provide them with appropriate stabilizing medical care, regardless of their ability to pay. That care can include abortion, which is in some cases deemed the medically appropriate care for a health emergency.

The Department of Justice has cited EMTALA to partially challenge Idaho’s near-total abortion ban, passed in 2020 and activated after the Supreme Court overturned Roe v. Wade in the 2022 case Dobbs v. Jackson Women’s Health Organization. Idaho’s law, one of the nation’s strictest, includes a very narrow list of exceptions, allowing abortion only when a pregnancy is the result of rape or incest, when termination is necessary to save the pregnant person’s life, or when it is ectopic (outside the uterus) or molar (when tumors form instead of a placenta). It does not allow an exception if staying pregnant otherwise threatens someone’s health.

The Justice Department’s argument has argued that in medical emergencies where abortion is the appropriate stabilizing treatment, the federal law must trump Idaho’s ban. But Idaho has argued that the state’s law should supersede EMTALA because the federal law doesn’t mention abortion by name. EMTALA does not explicitly state which medical procedures physicians should provide.

[…]

While focused on one state, the ruling will have implications across the country. A decision upholding Idaho’s ban in full — and finding that EMTALA does not preserve the right to an abortion under emergency medical circumstances — could encourage states with similarly restrictive bans to ignore the federal emergency care protection. Arkansas, Oklahoma and South Dakota, which all enforce near-total bans, also do not have exceptions for the health of the pregnant person.

“If Idaho is allowed to excise emergency abortions from EMTALA … any state with a ban can turn around and will know its excision is unchallengeable,” said Sara Rosenbaum, a professor emerita of health law and policy at George Washington University who has written extensively about the federal health law. Rosenbaum has signed onto an amicus brief encouraging the court to rule in favor of the federal government.

A victory for Idaho could have even deeper implications, she argued, such as discouraging emergency room staff in states with strict bans from caring for pregnant patients, even if their pregnancy is incidental to their medical concern. And it could offer a road map for states to implement other laws that limit access to health care — for instance, outlawing certain types of medical care for patients with HIV or substance use disorders.

“The basis of Dobbs is states have the power to regulate medical care. If you extend that to EMTALA, you open up EMTALA to whatever drama a state wants to play out in its emergency rooms,” Rosenbaum said.

See here for my previous update. This story doesn’t mention the Texas connection, probably because SCOTUS only took the Idaho case and not the Texas case, but you can certainly add our state to the list of those that will absolutely let pregnant women suffer and die due to its existing fanatical abortion ban. You know, like it’s been doing all along. The Trib‘s preview story got into that. Law Dork, TPM and its live blog, Mother Jones, Slate, and SCOTUSBlog have more.

Posted in Legal matters, National news | Tagged , , , , , , , , , , , , , , | 2 Comments

Harris County gets “Solar for All” grant

Nice.

Harris County will receive part of a $7 billion federal grant toward installing solar panels and battery systems in low-income and disadvantaged communities across Texas, part of President Joe Biden’s plan to expand access to solar energy nationwide.

The administration announced Monday that 60 applicants had been selected for its Solar for All program, with more than 900,000 American households expected to get rooftop solar systems or access to community solar farms.

“Today we’re delivering on President Biden’s promise that no community is left behind,” Administrator Michael Regan of the Environmental Protection Agency said.

Harris County is leading a coalition of Texas municipalities — including Dallas County and the cities of Houston, Austin, San Antonio and Waco — that represent 11 million low-income Texans, with plans to install solar panels and battery storage systems on homes and other buildings across the state. The program will also create training programs for residents to find jobs in the solar sector. The coalition applied for a $400 million grant from Solar for All and received $250 million. The coalition’s proposal aims to lower customer bills by more than 20% in targeted communities, according to a statement issued after it was announced as a recipient.

Zoe Middleton, former deputy director of community affairs and advocacy for Houston’s Precinct 1 office, said in December that the bulk of Harris County’s portion of the funding would be used to build a series of microgrids, or localized power grids that can disconnect from the main grid, on public land and brownfield sites. The county’s application also carved out a few million dollars for rooftop solar to expand across Houston what is called the “hub house model,” in which community members gather at a person’s home or community center if there is an outage.

Also selected was the Clean Energy Fund of Texas, a partnership with Texas Southern University and other historically Black colleges and universities as well as Hispanic-serving institutions and tribal colleges and universities. The group applied for a $250 million grant to install an estimated 172 megawatts of solar and 84 megawatt-hours of battery systems on its network of 60 to 70 campuses in the South, Southeast and Mid-Atlantic. It received just over $156 million.

“This funding will change the course of solar energy and equity across Texas and the South,” Robert Bullard, a professor at Texas Southern University known as the father of environmental justice, said in a statement. “Southern states bear a disproportionate burden of high energy costs and climate pollution, and now — with this funding — we can turn the tide.”

See here for the background. We installed solar panels on our roof last year, just before the brutal summer. They made a considerable difference in our electric bill – like, they cut it in half, and that was without the need to turn the thermostat up to 80. I’m very much in favor of making this available to as many people as possible. Good job all around.

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Texas blog roundup for the week of April 22

The Texas Progressive Alliance fervently hopes everyone on that jury in Manhattan can stay safe and anonymous as it brings you this week’s roundup.

Continue reading

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Time to fight over Prop A implementation

This is gonna be so much fun.

During the first-ever Proposition A Committee meeting on Tuesday, council members considered a series of rules designed by the mayor’s office to set parameters around the process. They include a lawfulness review by the legal department, the involvement of relevant department heads and a requirement for all such proposals to go through the Proposition A Committee.

If enough council members attend the committee meeting to reach a quorum, they will also vote on the item to signal their support for or opposition to sending it to the next stage, although those behind the proposal will still have the option to pursue it, per Proposition A, even in the case of a “no” vote, officials said.

“We are not here to be a gatekeeper. We certainly don’t even want to vet items so to speak in this committee. Nor do we want to block items,” said Council Member Carolyn Evans-Shabazz, vice chair of the Proposition A Committee. “We certainly know that sometimes they need to be tweaked, and so this committee process will help in that manner.”

Multiple council members, however, raised concerns that, since the city attorney and department heads report to the mayor, the proposed procedures risk jeopardizing their rights to add items to the agenda should the mayor disagree with their proposal.

“What we are doing now is really convoluting the intent of Prop A,” Council Member Martha Castex-Tatum said.

Steven David, the mayor’s deputy chief of staff, reassured members that his office would cooperate with them throughout the process. But Council Member Julian Ramirez said regardless of the current mayor’s intentions, these rules, which will likely outlast Whitmire’s tenure, could present a risk to future city administrations.

Ramirez requested more time for the body to consider the new procedures, and all attending council members voted to approve his motion.

“One day we might find ourselves, or this council might find itself, working with a mayor who is not as forthcoming or welcoming of comments from council members and might be rather dictatorial and might seek to squelch discussion and debate,” Ramirez said.

[…]

The Proposition A Committee will resume discussions about the mayor’s proposed rules during its next meeting, scheduled for May 16. Members will gather additional suggestions in the meantime.

Council Member Amy Peck, for instance, said there should be a new rule stating that if there are not enough members present at the committee meeting to make a vote, the item shall automatically move to the council agenda within two weeks.

“It’s reasonable that people should be at every committee meeting, but that’s just not realistic and it’s not what happens,” Peck said on Tuesday. “If I have something I brought forward and I want that vote taken… I think the public would want that vote taken.”

See here and here for some background. I mean, I was initially against Prop A, mostly on the belief that it would be used for mischief, then was eventually persuaded to support it anyway. Mischief hasn’t been an issue so far, unless you consider the Mayor’s involvement to be a form of that. I think the suggestions from the Mayor are reasonable, but I can see how a Prop A advocate might bristle at them. Certainly, ensuring sufficient attendance for the committee on a regular basis is a concern, as is the thought that a Prop A ordinance is being stalled via attendance shenanigans, and to that effect I think CM Peck has the right idea. When I thought Prop A might be trouble, this wasn’t how I envisioned it. We’ll see what the next meeting brings.

Posted in Local politics | Tagged , , , , , , , , , , | 2 Comments

Supreme Court puts temporary pause on Uplift Harris

Welp.

The Supreme Court of Texas has temporarily blocked Harris County’s new guaranteed income program, Uplift Harris, after two lower courts denied Attorney General Ken Paxton’s requests to stop the payments.

Paxton sued Harris County earlier this month, alleging its new income program violates a state law that prohibits the gift of public funds to any individual.

Harris County had selected and notified recipients and was preparing to mail the first $500 monthly checks this week. Paxton sought court action to block that move, but a Harris County district judge and the 14th Court of Appeals rejected his requests.

The Supreme Court of Texas sided with Paxton on Tuesday, granting a temporary pause while the court considers the legal arguments. Supreme Court justices are elected statewide, and all nine members currently are Republicans.

“Without regard to the merits, the Court grants an administrative stay as follows: Real parties in interest and their agents are prohibited from making payments under the Uplift Harris program pending further order of this court,” the court said in a short order.

[…]

Harris County Judge Lina Hidalgo said the county’s public health department was in the process of sending out the checks when the program came to an abrupt halt.

“Our public health director pressed the button, so to speak, but before the funds began transferring, the Supreme Court made its ruling,” Hidalgo said.

Paxton’s office has argued that the program doesn’t have sufficient controls in place over how the funds are spent.

Hidalgo added on Tuesday that around 300 households selected for the program were not going to receive the payment this week because they had not completed the required paperwork.

“That just underscores how this program carefully vets the applicants,” Hidalgo said.

See here for the previous entry. The Court has requested that Harris County respond to the state’s motion by April 29, which is to say next Monday, so hopefully we’ll get a quick ruling. I can’t say I’m optimistic but I’m hoping for the best anyway. Houston Landing and the Trib have more.

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Zombie ReBuild lawsuit returns with a vengeance

Unbelievable.

Houston City Hall will have to use significantly more tax money to fight flooding with street and drainage projects, after an appeals court sided Tuesday with engineers in a years-long lawsuit over how much funding the city devotes to that purpose.

The 14th Court of Appeals’ opinion marks a victory for flood advocates who have fought for more projects, while dealing another blow to the city’s growing budget gap.

The city put about $123 million in property taxes into its drainage fund in last year’s budget to pay for street and drainage projects. That money funds an array of projects – from full street overhauls to sewer and ditch maintenance – that help maintain Houston’s drainage system.

One of the lawsuit’s plaintiffs suggested the amount allotted to drainage will have to grow by more than $100 million in this year’s budget, compounding City Hall’s already existing deficit of about $230 million. That $100 million increase is roughly the same amount the city uses to fund garbage and recycling collection for a year, or its entire parks budget.

Mayor John Whitmire said that he agrees the city needs to invest more in drainage, but said he does not believe Houstonians would elect to do so through a court order. He said the city plans to appeal the ruling.

“While I recognize and campaigned on the importance of drainage infrastructure, I don’t believe drainage infrastructure should compete with public safety funding,” Whitmire said in a statement. “This shows again the need for us to have a grown-up discussion about the short- and long-term condition of City finances, which I inherited, and we should not continue to kick this can down the road.”

The case was brought by engineers Allen Watson and Bob Jones, who, in 2010, backed a successful charter amendment to change the way the city financed street and drainage projects. Instead of issuing debt to pay for those projects, the city would use a “pay-as-you-go” plan, setting aside about a fifth of the city’s annual property taxes for that purpose. The plan also included a new monthly drainage fee of about $5 to residents’ water bills.

The city, which at the time had a tax rate of about 63.88 cents per $100 in taxable value, had to set aside 11.8 cents for streets and drainage, or “an amount equivalent,” according to the charter amendment. For years, city officials have interpreted the “equivalent” language to mean they could adjust the calculation used to allot the money, shorting the fund compared to the original calculation.

In 2015, the city bumped up against a voter-imposed revenue cap, which limits the annual growth of property taxes the city can collect via a formula that accounts for population and inflation growth. As a result, it has had to reduce its overall tax rate, which has fallen to 51.92 cents.

To free up money, in 2016, the city started interpreting 11.8 cents differently. They took the original allocation of property taxes toward streets and drainage under the measure from 2012 – $157 million – and applied the revenue cap’s formula to it, increasing it to account for population and inflation growth.

If the city had kept contributing the full 11.8-cent share to streets and drainage, it would have devoted $420 million more to streets and drainage than it has over the last decade. The ruling is not retroactive, though, and the city will not have to make up that difference, according to Watson and Jones’ attorneys.

See here and here for some background, and here for the Court’s opinion. I recommend you read the Background section, which shows what a wild ride it’s been for this litigation, which as recently as last year I thought was dead. What is dead may never die and all that.

I don’t have an opinion on the merits of the suit. The opinion is full of too much math even for me to wade through. I will say again, as I said in that post from last year, that this is yet another exhibit in the “revenue cap is stupid and harmful and should have died a messy death years ago” files. Not all of the city’s current fiscal crunch is tied to the revenue cap, but enough of it is that we’d be in a far less dire position if the cursed thing had never existed. If we don’t move to kill it now, we’ll never escape. Also, too, I have to wonder if Mayor Whitmire would have made that settlement with the firefighters such a high priority if he’d have known this was coming. It is what it is now.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

Seattle Children’s Hospital settles with Paxton

Meh.

A crook any way you look

Texas Attorney General Ken Paxton will drop his quest to seize transgender patients’ information from a Seattle children’s hospital, according to a court settlement Paxton’s office announced on Monday.

Seattle Children’s Hospital officials have said in sworn depositions that the facility does not have staff who treat trans kids in-person within Texas or remotely from Washington.

As part of the settlement, the hospital will withdraw its business license in Texas, though it wasn’t immediately clear Monday for what purposes that license was used.

The agreement comes as Paxton and the hospital face off over a November investigation opened by the attorney general two months after a new Texas law banned the use of puberty blockers and hormone therapy for transgender youth.

[…]

Suspecting that Seattle Children’s was providing youth in Texas with puberty blockers or hormone therapy, the attorney general’s office sent the Washington-based health care system an investigative subpoena demanding any patient records of Texas residents who have received transition-related care.

The AG stated in court filings that it was investigating the hospital for potentially violating the Texas Deceptive Trade Practices Act.

Last week’s agreement demonstrates that the hospital and Paxton “have satisfactorily compromised and settled all matters in dispute,” according to the agreement signed by a Travis County judge.

Paxton sent a nearly identical request to a Georgia-based telehealth clinic, which said it stopped servicing Texas youth after transition-related care was banned in September.

See here for some background on the Seattle case and here for the Georgia case. I’m glad that Paxton won’t get any data from Seattle Children’s, but the rest feels more like a loss than a win, whether or not Seattle Children’s had provided any services to Texans. It’s making an example of them, which is a message I’m sure other providers are receiving, and also creating the template for when they start going after them for providing abortions to women from Texas. He won’t stop as long as he has the power.

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Endorsement watch: One out of three ain’t good

The Chron notices there are HCAD elections and makes endorsements in them.

Position 1: Kathy Blueford-Daniels

While on the Houston Independent School District board from 2020 until the state takeover, Kathy Blueford-Daniels, 66, served as the appointed member on the Harris County Appraisal District board. She’s also served as a panelist hearing appeals from property owners. That experience, combined with her many years as a community activist in the Fifth Ward and as a community liaison for Democratic state Sen. Borris Miles, will allow Blueford-Daniels to be effective from the start. She wants to build on the work she’s already done with the chief appraiser to hold community workshops in areas where families often lose generational wealth because they don’t have the resources or knowledge to navigate tax exemptions, protest their appraisals and resolve heirship disputes.

Position 2: Kyle Scott

Fortunately, voters have several strong candidates to choose from, but we believe Kyle Scott, 46 and an entrepreneurship professor at Sam Houston State University, is the most prepared. In 2022, when he ran for Harris County treasurer as a Republican, we endorsed his opponents because Scott suggested that he’d effectively veto county commissioners by refusing to sign checks as a final safeguard against wasteful spending. Such a protest would seem to go far beyond the largely ceremonial duties of a relatively minor county position. As a single member of a board, however, we believe his specific ideas for auditing tax abatements and regularly evaluating the chief appraiser could improve customer service and fairness.

Melissa Noriega, 69, has the most experience in elected office as a former state representative and Houston City Council member. In addition, she’s served as a senior leader with Houston ISD and the mega-nonprofit BakerRipley. Pragmatic, knowledgeable and rooted in community, she’d make an excellent board member. So would Austin Pooley, 33 and a former appraiser who now works in the energy industry. He described the district as well-run but with room for improvement.

Position 3: Amy Lacy

Two candidates stood out to us. Pelumi Adeleke — a 39-year-old Harvard Business School graduate and leader at Amazon Web Services endorsed by the AFL-CIO — would bring her management and data crunching chops to the role. She argues better methods of appraising properties could lead to more fairness. Amy Ngo Lacy, 59 and a lawyer who has worked as an arbiter for disputed appraisal cases, impressed us with how clearly she explained why ordinary home and small-business owners need more transparency about the process. She told the story of a car repair shop owner hit with a massive increase in his tax bill. Lacy came to this country from Vietnam at age 5 and identifies as a Republican.

Not really clear to me why they made the choices they did, but here we are. The bulk of this op-ed is all about why we’re even having these elections in the first place, which perhaps they could have spent some more time and effort on before now. Too late for that. (Also, in re: Kyle Scott, have they learned nothing about the wisdom of giving power to people who say their intent is to screw things up?) Anyway, I will remind you again that you can listen to my interviews with the candidates you should consider voting for:

Kathy Blueford-Daniels, HCAD Position 1
Austin Pooley, HCAD Position 2
Melissa Noriega, HCAD Position 2
Pelumi Adeleke, HCAD Position 3

Posted in Election 2024 | Tagged , , , , , , , , , , | 5 Comments

May 2024 special election early voting, Day One: Why are we doing this again?

The Houston Landing has another look at the HCAD elections and just how weird this all is.

The county Democratic and Republican parties have endorsed and are campaigning for candidates in each of the three races. Accusations of nefarious intentions on the part of conservatives are being leveled by local Democrats jaded by years of state meddling in Houston and Harris County’s governments.

“The appraisal process has worked well. There was no demonstrated need for this,” Harris County Democratic Party Chair Mike Doyle said. “I don’t buy the argument this was simply intended to give the public more input.”

[…]

By creating the elected positions, the appraisal board is politicized by default, said Hunt County Chief Appraiser Brent South, who chairs the Texas Association of Appraisal District’s legislative committee.

South said he is concerned elected board members with an anti-tax agenda or distaste for the appraisal review process could veto any appointment to the appraisal review board in perpetuity.

“It could kill an appraisal review board,” South said. “I see that as taking away a right from the citizens to protest their appraisal and have an input in this process.”

Bettencourt acknowledged the possibility, but said it was unlikely. The legislature is committed to reviewing the changes to appraisal boards and reworking the law as needed in the years to come, he said.

[…]

While Harris Democrats oppose the elections, dozens of canvassers have been activated to campaign for Democratic-aligned candidates, Doyle said.

Democrats are not endorsing one candidate for each seat, instead encouraging voters to support any of seven candidates: Kathy Blueford-Daniels, Janice W. Hines, Melissa Noriega, Jevon German, Austin Pooley, James Bill and Pelumi Adeleke.

For its part, the Harris County GOP has thrown its weight behind three conservative candidates – Bill Frazer, Kyle Scott and Ericka McCrutcheon – and organized a block walk for them on Saturday.

“Anytime you have people who are elected and responsible directly to the voters and the taxpayers, that’s a positive thing versus an appointee or a bureaucrat,” Harris County Republican Party Chair Cindy Siegel said.

The sudden change to the board’s makeup, the expected low turnout and perceived lack of justification for the elections have convinced Doyle this is another example of state Republican leadership’s interference in the local control of Texas’ Democratic cities and counties.

“I haven’t seen any evidence to demonstrate this is being done for the reasons claimed,” Doyle said.

Citing the state’s takeover of Houston ISD last year, a recent law that abolished Harris County’s elections administrator’s office and the so-called “Death Star” law aimed at blocking cities from enacting progressive policy, Doyle said Houstonians have no reason to trust policy from the Republican-led Legislature.

Emphasis mine. I highlight this because it’s a question I’ve been asked, and a concern that some Dems definitely have. The short answer is that by the rules that the HCDP as an entity have agreed upon, the party does not as a rule make endorsements in races with more than one Democratic candidate running (*). This is a result of past fights, quite bloody in nature, over the perception (if not the actual presence) of the party favoring one candidate over another in primaries for sometimes petty or nefarious reasons. One can understand the party’s position on this issue – it’s one that precinct chairs have voted to adopt, after all – while also feeling like this is an example of it giving an advantage to the Republicans, who have no such restriction (and who only have one race with more than one of their candidates anyway).

I would point out that the Gulf Coast Area Labor Federation, which endorsed Blueford-Daniels, Noriega, and Adeleke and which is actively canvassing in these races, is serving as a bit of a proxy for the HCDP, and that I would expect the HCDP to be fully involved in any runoff that features a Dem and a Republican. There are obviously risks to that approach, and as such I would just say that this situation is one that perhaps merits a closer look by the party, which is to say us precinct chairs. We have a Rules Committee, I’m sure they’re open to input. I don’t know offhand how to craft a rule that might cover a situation like this without inviting comparisons to the old back room days, but I’m sure someone is up to it. I’m open to suggestion.

In the meantime, here’s the Day One early voting report for this crazy election. I don’t have anything to compare it to so I’ll just report the numbers straight. There were 10,857 mail ballots returned and 1,288 in person votes, for a total of 12,145. Pretty good, I guess, but those daily in person totals are going to be pretty low. On the other hand, there were 38,050 mail ballots sent out as of yesterday, so those will provide a floor. Like I said, nobody really knows what this will end up as.

One more thing:

Roughly half of the 50 counties required to hold the appraisal board elections have canceled their elections because not enough people filed to run for the seats, according to data collected by South.

In the Houston area, Galveston County canceled its appraisal district elections because only one person filed for each of the three seats. The three candidates will now join the board without facing voters.

Boy, that sure is letting the sunshine in. At least an appointment process is a process, one in which perhaps some vetting may occur. Here, for all we know three yokels off the street – or, much more likely, three connected insiders who have a motive to be on that Board – are now on these appraisal boards without anyone getting to raise a question about it. What a great system that is.

(*) There is some discretion allowed in situations where one of the Dems is not in good standing. An example would be the 2010 and 2012 Commissioners Court primaries in which Dave Wilson – yes, that Dave Wilson – filed as a Democrat. He was disqualified in 2010 and defeated in 2012 after the HCDP supported his opponent. No one had any problems with that. The question as always is where do you draw the line, as most cases are not this clear-cut. “Because it would help our chances to win” is both practical and at least a little anti-democratic. Thus are pie fights started.

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Appeals court rejects Paxton appeal on Uplift Harris

Good.

A state appeals court on Monday ruled Harris County’s guaranteed income program may move forward, paving the way for checks to be sent out to low-income residents as soon as Wednesday.

An appeal by Attorney General Ken Paxton to the Texas Supreme Court is expected, county officials said Monday morning.

“The state will appeal, but we will continue to fight so that people have the resources they need to lift themselves out of poverty,” Harris County Attorney Christian Menefee tweeted. “To the Texas Supreme Court we go.”

Paxton filed an emergency motion to block the payments with Texas’ 14th Court of Appeals last week after Harris County Judge Ursula Hall ruled the Uplift Harris program could move forward. A three-judge panel voted 2-1 to reject Paxton’s motion, according to the order.

The county plans to give monthly $500 stipends to more than 1,900 low-income residents using $20.5 million using federal American Rescue Plan Act funds.

The county could begin distributing the stipends as soon as Wednesday.

[…]

At a hearing before the district court on Thursday, lawyers with the Attorney General’s Office argued the program violates the Texas Constitution’s prohibition on granting “public money or thing of value in aid of, or to any individual … whatsoever.” The office also argued the county’s use of a lottery violates the state constitution’s equal rights provision.

Lawyers for the county argued Paxton’s office had failed to prove the program would harm the state.

See here, here, and here for the background. The question is not whether Paxton will appeal – he certainly will – but whether SCOTx will go consider it an emergency that requires them to step in before Wednesday. According to the Chron story, the 14th Court appellate panel was two to one Republican, and one of the two Republicans voted against Paxton here, so that offers some encouragement that he’ll be told to buzz off. I expect we’ll know soon enough.

Posted in Legal matters | Tagged , , , , , , , , , , | 2 Comments

Re-endorsement watch: Again for Jarvis

The Chron re-endorses Rep. Jarvis Johnson for the special election in SD15.

Rep. Jarvis Johnson

The crowded Democratic race to replace current Mayor John Whitmire in the Texas Senate has narrowed to two candidates with starkly different backgrounds and philosophies of governance and who will face each other in back-to-back elections. First, voters will have to decide who will fill the rest of Whitmire’s current term with a special election on May 4. Then, candidates face off again to see who gets the seat for the next term in the runoff election on May 28.

We recommend Rep. Jarvis Johnson, 52, because of his lawmaking experience, but we also see the effectiveness of emergency room nurse and tireless organizer Molly Cook, 32, who has already successfully made waves without an official title.

In a debate Wednesday, Johnson leaned into his experience again: “The Senate is not a place to learn politics.”

Cook isn’t entirely a newcomer. She’s driven two high-profile local movements; one opposing the Interstate 45 rebuild that has helped produce some community wins and another to renegotiate the balance of power in the region’s council of governments; that issue is still shaking out. And she has a knack for finding the levers of power. She also brings personal and professional knowledge to the role. Cook has talked openly about her own experience having an abortion years ago and regularly references the lessons she’s learned in the emergency room.

Cook summarized her philosophy: “Half of the work is going to be in the Capitol and half of the work is going to be outside the Capitol.”

She would, with her emphasis on health care and transportation, no doubt make an impact in the Senate and has shown her ability to reach people well beyond the halls of power.

But Johnson’s experience isn’t just a good talking point for an editorial board that does believe in sparing taxpayers startup costs when possible. From his time as a City Council member to his years in the Texas Legislature, he takes a practical approach that we think will serve him well in the Senate. His priorities are strong: defending public education, reforming the criminal justice system, Medicaid expansion and environmental protections.

See here for the primary endorsement, and here for more on this race and that candidate forum. I presume this endorsement will be in force for the primary runoff as well. I will just say once again that you should listen (or re-listen) to my interviews with Jarvis Johnson and Molly Cook, especially if you voted for someone else in March.

As for the HCAD races, I am told the Chron has done interviews with the candidates and should have their endorsements up today. I’ll post about them tomorrow.

Posted in Election 2024 | Tagged , , , , , , , , , | 2 Comments

A brief history of May elections in Harris County

As previously noted, early voting begins today for the special HCAD and SD15 elections. I have said before that we are not used to voting in May in Harris County and that because of that and because of the annoyingly low profile of the HCAD election I expect turnout to be really low. How low? The only way to get a handle on that is to look at the previous elections we’ve had in May and see what they tell us.

There are always some May elections in the county, in both even and odd years, though the preponderance of them is in the odd years as these are municipal and school district races. Not all of them are conducted by the Harris County Clerk – as noted, only the HCAD and SD15 races will show up on your ballot if you go to one of the voting centers advertised by the Clerk. If you live someplace where there’s another election going on, like in Spring Branch ISD, you’ll need to find where the voting is for that. A look through the HarrisVotes election archives confirms that some years there are results and some years there are not.

I skipped the years where the Clerk’s office ran a bunch of normal elections for a variety of smaller cities and school districts, as those don’t fit the model I’m looking to emulate for this analysis. I went back 20 years and found a handful of one-off elections, and I present them to you here with my comments.

City of Houston special election, May 15, 2004. This was a ballot proposition put forth by then-Mayor Bill White to exempt the city from a new state law that protects the pensions of city workers. Mayor White “said he must have flexibility to deal with a $2.7 billion shortfall in the city’s main municipal and police pensions”, which sure sounds like the kind of thing that could still be written today. Anyway, there were 86,748 total votes cast out of 984,480 registered voters, for 8.81% turnout. Whatever your reaction to that number, please note that it is very much on the high end for these things. Also, I want to offer a shoutout to the 817 people who brought themselves to a polling location for this, the literal only election on the ballot, and then did not cast a Yes or No vote. You are all a very special kind of weirdo.

For the Harris County joint election of May 12, 2007, we have two items of interest. One was a state constitutional amendment:

Proposition 1 – SJR 13
SJR 13 would amend the Constitution to authorize the legislature to adjust the public school ad valorem tax or tax rates for taxpayers who are aged 65 or older, or are disabled, and who are owners of an exempted homestead. The amendment would thereby allow the legislature to provide tax relief to such elderly or disabled taxpayers who did not receive tax relief as a result of the school tax rate reduction passed in the 79th Legislature, 3rd called session.

Yes, normally state constitutional amendments are voted on in November. The year 2006 was a school finance special session-palooza, after the Supreme Court had ruled the then-existing property tax system unconstitutional, and because it took so long for all that business to be conducted, this item didn’t get onto the November ballot. For this election there were 75,451 votes cast out of 1,781,702 registered voters, or 4.23% turnout. Statewide, there were 929,579 votes cast, or about 7% turnout; I don’t have an exact figure for May of 2007 so I’m extrapolating from the November elections before and after.

We also had the special election for Houston City Council At Large #3, to fill the seat left vacant by Shelley Sekula-Gibbs and her amazing two-month tenure in Congress that you really ought to Google to enjoy for yourself if you aren’t already familiar with it. Melissa Noriega, current candidate for HCAD Position 2, was the eventual winner of that race, in which 37,592 ballots were cast out of 907,198 voters, or 4.14% turnout. There was a runoff for this race, and I’ll circle back to that later.

City of Houston special election, May 9, 2009, to fill the vacancy in City Council District H left by new Sheriff Adrian Garcia. 4,186 voters out of 93,883 registered showed up to eventually elect now-Sheriff Ed Gonzalez, for 4.46% turnout.

Harris County special election, May 10, 2014, to fill the vacancy in SD04. That district was mostly in Montgomery County, but I only care about Harris so that’s what I’m checking. 4,080 ballots, 88,297 total voters, 4.62% turnout.

Harris County special election, May 7, 2016, to fill the vacancy in HD139 following the election of Mayor Sylvester Turner. This was the least consequential race among them, as Jarvis Johnson was the only candidate of the two on the ballot who was in the running for the nomination in November. Johnson won, which gave him a boost in seniority when the 2017 legislative session came around. Beyond that, it just didn’t matter, and that was reflected in the numbers, as a mere 1,855 ballots were cast out of 92,706 total voters, for 2.00% turnout. I think it’s safe to say this is the bottom of the spectrum.

Harris County joint election, May 6, 2017, the infamous HISD recapture re-vote, which I won’t get into here but suffice it to say was very much Of Interest at the time. It was the first time many of us had a reason to vote in a May non-primary election since 2007, and for all the noise this whole process had generated since the original recapture vote failed in a spectacular manner the previous November, the turnout was 28,978 out of 723,065 registered voters, for 4.01% turnout. May elections, man.

Finally, city of Houston special election, May 5, 2018, to fill the vacancy in City Council District K following the untimely death of then-CM Larry Green. Martha Castex-Tatum took it in the first round, with 5,135 ballots cast out of 85,450 total voters, for 6.01% turnout.

So the most common turnout figure is in the four to five percent range for these elections. I don’t have an updated total of registered voters for Harris County, but there were 2,588,951 of them last November, so let’s say 2.6 million and go from there. Four to five percent total turnout for this election would mean roughly 104K to 130K for this. That honestly feels a little high to me, but let’s see how it looks once early voting begins. We are all just guessing.

Oh, that June 2007 runoff for City Council At Large #3 had 24,865 voters for 2.74% turnout. In this context, that would translate to about 71K voters. I think we’ll do better than that, but not by much. We’ll see how it goes.

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Montrose Blvd project officially delayed

I dunno, man.

Mayor John Whitmire

Permitting for an overhaul of Montrose Boulevard, a project that has drawn ire from residents pushing to protect the road’s oak trees, has been delayed at City Hall after Mayor John Whitmire’s staff asked project organizers to consider revising key details of the plan.

Funding for the Montrose redesign is set to come from the neighborhood Tax Increment Reinvestment Zone, which receives property taxes directly for redevelopment, rather than using city funds. However, the TIRZ cannot move forward on roadwork without city permits.

Project organizers from the neighborhood’s TIRZ discussed the plan with the city for years and were nearing final approvals when they first met with the new administration in January. In that meeting, they said, Whitmire and city agency leads asked for adjustments, which they incorporated before the final plan was submitted for permitting at the end of February.

Since then, the plan has been in a holding pattern as Whitmire has publicly questioned some of its key components, such as the planned tree removal and sidewalk expansion.

His new senior adviser for planning, Marlene Gafrick, said she met with the TIRZ a week ago.

“I anticipate the project moving forward with some level of modifications,” Gafrick said, adding that her conversation with TIRZ leaders involved further potential changes to the plan including maintaining lane widths, sidewalk widths and preserving trees and that they “briefly touched on milling and overlay versus a complete reconstruction.”

Joe Webb, chair of the Montrose TIRZ, said the current plan is a “serious drainage project” based on an assessment the group published in February 2021 and that it took advantage of the road improvements to upgrade other infrastructure, reconstruct broken sidewalks and pavement and make the layout pedestrian-friendly. He said potentially switching the plan to an overlay would preclude the current intent to place large underground pipes for stormwater runoff.

See here and here for some background. You know that I approve of this project, so let me pause for a moment to wonder if there’s been a Mayor in recent history who has done this much to block or even undo things planned for and accomplished in their predecessor’s tenure. The only thing I can think of offhand is Bob Lanier killing off Kathy Whitmire’s monorail plan, which I hadn’t realized was approved by voters in 1988. Lanier had campaigned explicitly on that, so he could reasonably say he had a mandate to halt and eviscerate that project. This Montrose project is not specifically a Sylvester Turner concept, but it’s very much in line with his overall transportation plan and his expression of Vision Zero. I don’t know what will become of this, but it seems safe to say that whatever happens to Montrose Blvd under John Whitmire, it’s not what would have happened under another term of Sylvester Turner.

Did Whitmire campaign on being extremely skeptical of non-car transportation and infrastructure projects? There were some things he said in the course of the race that indicated he had some skepticism of what Turner had been doing, but come on, he campaigned on 1) more cops, 2) pay the firefighters, and 3) he has an awesome relationship with state government. I doubt that Montrose Blvd or West 11th Street or Houston Avenue were anywhere near top of mind for voters last November.

There’s another aspect to this, as Houston Public Media points out.

“It’s very frustrating because we’ve had a community that’s been engaged and we’ve been responding to now for over two years, and here we are still trying to get it under construction,” Webb said this week. “When you get right down to it, this is a serious infrastructure and drainage improvement project.”

Neither Whitmire’s office nor Marlene Gafrick, the mayor’s senior policy advisor for planning, responded to requests for comment about the status of the Montrose Boulevard project, which has drawn opposition from some in the neighborhood because it originally called for the removal of more than 50 mature oak trees in the first phase, which stretches from Allen Parkway at the north end to West Clay Street a couple blocks to the south. Mary Benton, a spokesperson for Whitmire, said in March that multiple street projects initiated or completed during the term of former Mayor Sylvester Turner were being reviewed.

[…]

Webb said he thinks the tree-saving argument is a “smokescreen,” noting that some of them are in jeopardy anyway because they were planted in tight spaces near concrete and their growth has been stunted as a result. He also said the plan calls for planting 100-plus new trees, some of which would be at least 16-feet tall when they are planted.

Further, Webb said the Montrose TIRZ already has agreed to project amendments that would reduce the number of removed trees from 54 to 13, with seven of the existing trees able to be relocated.

While the tree issue sparked vocal opposition to the project at large, many in Montrose also have expressed support for the planned work, with Webb saying there is a “large contingent of people and neighborhood people who really want this thing to move forward.” Part of the plan includes a 10-foot-wide, shared-use path for pedestrians and cyclists on the east side of the boulevard.

Webb added that Montrose Boulevard is the “drainage spine” for the community, and the project also calls for replacing drainage pipes that are between 4- and 5-feet wide with concrete boxes that are 10 feet by 10 feet.

“I represent the most repetitively flooded district in the city,” said Houston City Council member Abbie Kamin, who represents the Montrose area. “This is Houston. We must be pushing for more flood mitigation projects, more stormwater detention, and more protection for our neighborhoods.”

In addition to agreeing to changes that would minimize the loss of mature trees along the boulevard, Webb said the Montrose TIRZ is also on board with the Whitmire administration’s requests to eliminate the plans for a sidewalk on the west side of the street between Allen Parkway and West Dallas Street; to reduce the west-side sidewalk width between Dallas and Clay from 6 feet to 5 feet; and to scrap the idea for a toucan signal at the intersection of Montrose and Clay. Toucan signals provide signal-protected crossings for pedestrians and cyclists.

But eliminating the toucan signal would force the Montrose TIRZ to request a variance from the city, according to Webb, because the city’s infrastructure design manual would otherwise require project leaders to install left-turn lanes at the intersection based on its configuration with an esplanade. Under the turn-lane scenario “we would lose every tree in the esplanade that we’re trying to save,” he said.

Webb also said the Montrose TIRZ has proposed swapping out the toucan signal for a HAWK signal, or pedestrian beacon, which is activated when a crossing pedestrian presses a button. Whitmire’s administration has not pushed back on that idea, Webb said.

Beyond that, the Montrose TIRZ is awaiting further direction from City Hall before pushing forward with a street overhaul that aims to eventually extend south to the Southwest Freeway. The more time that passes, Webb said, the more the overall cost figures to increase.

“We’re just waiting,” he said. “We’re waiting on a city review and some guidance from the administration on what they would like us to do and how, so we can respond to them.”

Again, maybe I missed some of this during last year’s election, but I don’t think that a platform of “let’s scale back on flood mitigation projects and make the ones we are doing more expensive” would have been well received. I suppose I could be wrong about that. I’m still trying to understand the motivation behind all this, how far it will go, and what the fallout will be.

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