Feral peacocks

I will admit that the headline of this story made me think it would be little more than a laugh, but it had me fully engaged.

Kirk Sides/Chronicle staff photographer

Kellie Donoghue proceeds with trepidation when she takes her four dogs for a walk. Even though it’s broad daylight, she scans the streets before she makes a turn, vigilant for the omnipresent threat that’s taking over her Memorial-area neighborhood.

She’s checking the roads, tree tops and bushes for peacocks.

For decades, peacocks — more accurately called peafowl — have stalked Donoghue’s Heathwood neighborhood, shrieking from homes and trees and charging at humans and pets.

The peafowl, she said, are prone to attacking humans, animals and cars and can cause serious property damage to homes. They walk into traffic without hesitation, creating unsafe driving conditions for motorists.

“I saw seven of them smashing into a car the other day,” she reported. “They tear up roofs and break windows. Once they even chased a group of kids.”

Compounding the issue, said Heathwood resident Linda Aber, is the fact that all the birds started out as one small, privately owned flock. Aber believes the birds are all inbred, which she said raises ethical questions about whether they should be allowed to continue to reproduce.

The Heathwood flock are notorious among Texas ornithologists and invasive species experts.

Fred Collins is a wildlife biologist and former president of the Texas Audubon Society advisory board who has been studying the birds since they were introduced to Houston in the late 1950s.

The peafowl were brought to the area by Vargo’s restaurant, which closed in 2012. Many of the birds left Vargo’s property, he said, settling in the nearby neighborhoods.

What started out as a small flock of birds grew well into the hundreds by the 2010s, he said, and the flock has continued to expand.

While the birds drifted into most of the neighborhoods surrounding the Buffalo Bayou, Collins stated that the birds causing issues in Heathwood have congregated in such dense numbers because they’re being fed by residents.

It was the description of them as “invasive species” that made me stop chuckling and think about this more seriously. This isn’t the usual way that we encounter invasive species, and they’re not causing ecological havoc, but they’re still a pest that shouldn’t have been there in the first place. We hear from some other experts in the story but there’s no “this is what should be done to try to ameliorate this” statement within. The experts refute the residents’ assertions about the birds being aggressive (more likely, they’re habituated to humans, who have been feeding them), and one can infer that the best course of action mostly involves not feeding these birds any more. Easier said than done since who knows who might be doing that, but it’s at least a mantra that residents who want to Do Something can spread. I wish them well and hope that these birds don’t migrate any farther to the southeast.

Posted in Elsewhere in Houston | Tagged , , , , | 7 Comments

Interview with Annette Ramirez

Annette Ramirez

This week we will focus on the primary for Harris County Tax Assessor, which is also an open office with the pending retirement of two-term incumbent Ann Harris Bennett. There are five candidates in the race, and I will have interviews with all of them, beginning with Annette Ramirez. Ramirez is an A&M grad and attorney who has worked for over 20 years in the legal department of the Aldine Independent School District. She currently serves as Assistant General Counsel overseeing the District’s in-house property tax collection, litigation, and real estate matters. Aldine has the distinction of being the only school district in Texas that collects its own property taxes. That’s one of the thing we talked about in the interview:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15
Annette Ramirez, Tax Assessor

As noted this is Tax Assessor week, and you will get to hear from all of those candidates. Next week I will have interviews in CDs 07 and 18. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , | 3 Comments

Judicial Q&A: Troy Moore

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Troy Moore

1. Who are you and what are you running for?

My name is Troy M. Moore and I’m running to become your first for Harris County Probate Judge for Court 5 — a newly created court that has an open seat.

2. What kind of cases does this court hear?

Harris County Probate courts hear cases regarding the transfer of assets for deceased people. The court also presides over guardianship cases, which decide how to deal with persons who mentally may be unable to take care of themselves.

3. Why are you running for this particular bench?

I am running for this position because I am the most qualified, experienced candidate for this position. I have dedicated most of my legal career to advocating for others in probate court. I have filed over 368 cases in probate courts. I know that my legal education, experience and a passion to serve provide a strong foundation for me to become a jurist, known as an arbiter of justice and equity, for every person who comes before the court.

I understand the intersection between the Texas Estates Code and the real-life impact on people. I always make sure that I do not forget the community responsible for the man that I am today. I make time in my practice to not just serve those who are fortunate to have the means to employ legal representation, but also those who are socioeconomically disadvantaged due to life circumstances. My most rewarding moments have been those times that I have spent advocating for issues and the people of this County.

4. What are your qualifications for this job?

My qualifications to become your next Harris County Probate Judge 5 are as follows:

  • 22 years as a Texas Bar Licensed Attorney;
  • 15 years as a Solo Practitioner with a concentration in the areas of Probate Law and Litigation;
  • Filed over 368 probate cases in Harris County; and
  • Trial Litigation Experience (in County and Federal Court).

5. Why is this race important?

This race is important because it is a new open seat that was created to address the backlog of cases in our courts that delays outcomes for everyone. It is important that the person elected to this court has the experience, temperament and integrity to achieve that legislative goal. This will be this Court’s first year in existence — we must get this one right.

6. Why should people vote for you in March?

Harris County Residents should vote for me, Troy Moore, for the first Judge of Harris County Probate Court 5 because:

  • I am the candidate with the most subject matter experience in Probate Law, and I will be ready on day one.
  • I am committed to conducting a time-efficient and effective court. I will not keep cases in my court beyond the time necessary to make an informed decision.

*It is important that judges make correct decisions at the trial court level, and not create an unnecessary burden to taxpayers by wasting the parties’ time and money when trial court decisions are reversed on appeal.

  • I am committed to the promise of the application of fairness and equity, no matter the individual’s background or personal wealth.
  • I have a proven track record of practicing law with character, dignity and integrity.
Posted in Election 2024 | Tagged , , , , , | Comments Off on Judicial Q&A: Troy Moore

Apparently that challenge to the 2023 Constitutional amendment elections just went away

I’d been wondering about this.

Legal challenges that threatened to upend Texas voter-approved property tax cuts and increases to retired teachers’ pensions appear to have been squashed by a coordinated effort between the governor, the attorney general and the secretary of state.

The secretary of state’s office has declared the 13 voter propositions approved on Nov. 7 a part of the Texas Constitution, according to legal filings in Travis County. The court documents indicate Gov. Greg Abbott seized upon a legal technicality to thwart six lawsuits challenging the results of the recent election.

Property tax cuts that could save homeowners hundreds on their tax bills next year and thousands of dollars for cost-of-living increases for retired teachers could have been in limbo while the lawsuits moved through courts in Travis County and a likely appellate process.

[…]

On [December 4], Abbott canvassed the election, notifying the secretary of state’s office that he had certified results for all of the voter propositions. On [December 5], the secretary of state’s office filed motions in the lawsuits indicating the measures are now part of the state constitution.

The election challenges would have held up implementation of the amendments. But the office of the attorney general discovered that the lawsuits had “citation and return of service” that gave incorrect deadlines for the secretary of state to respond, according to legal filings.

Typically plaintiffs can correct suits with proper citations. However, Texas law requires all subpoenas in challenges to elections to be served before the governor certifies the results.

Since the results have been certified, they are no longer subject to new legal challenges.

“This Court will never see a simpler example of mootness,” the legal filings from the secretary of state’s office read.

[…]

Randy Erben, a law professor at the University of Texas at Austin, said even if the law appears to be on Abbott’s side, dismissing the cases will require a ruling from a judge.

“The canvas ends the debate, but … the court may come back and say there’s nothing the matter with the service or there’s some exception or ameliorating factor,” Erben said.

See here and here for the background. I had noted this effort to moot the lawsuits, but the way I saw it reported at the time, I had assumed more or less what Professor Erben says, that the litigation was still active until a judge made a ruling. After the recent stories about electing appraisal district board members and new money for state parks, and I figured either we had a collective case of amnesia or something had happened with the litigation that I had missed. Turned out it was just my expectations, as that magic filing seems plus Abbott’s day-early canvass did indeed make it disappear. If later on the judge in the case rules that the lawsuit is still active, then I suppose anything that happens from there would affect a future election, as by then it would be too late for this one. Anti-climactic to say the least, but here we are. I’m always happy to see election deniers get denied, though I doubt this will slow them down the next time. I presume the lesson they’ll take from this is to be more careful in their filings. I fear we’ll find out this November.

Posted in Election 2023, Legal matters | Tagged , , , , , , , , , , , , , , , , , , , , | Comments Off on Apparently that challenge to the 2023 Constitutional amendment elections just went away

Weekend link dump for January 14

This self-portrait of a young Philadelphia man called Robert Cornelius is believed to be the earliest American portrait photo still in existence. Basically, the first selfie.

“For decades after its 1989 release, each of the hundreds of millions of standard NES Tetris games ended the same way: A block reaches the top of the screen and triggers a “game over” message. That 34-year streak was finally broken on December 21, 2023, when 13-year-old phenom BlueScuti became the first human to reach the game’s “kill screen” after a 40-minute, 1,511-line performance, crashing the game by reaching its functional limits.”

“The law is the law, and the rule of law is the rule of law, and the court is the entity tasked with determining whether the nation follows where that leads. Unlike with so many of their recent decisions, the people most affected by this decision, whatever it may be, will not be silent, or fearful, or mollified by the words IT IS SO ORDERED. This may be the first major test this year of whether the court, and indeed the country, can weather 2024 with its institutions intact. It decidedly will not be the last.”

“Why Trump can’t use the ‘idiot’ defense other Jan. 6 defendants often lean on”.

Jerry Lewis’ notorious and almost-never seen The Day The Clown Cried is set for a screening this June.

“For an illustration of what we Christians celebrate on Epiphany, think of the movie Freaky Friday. Either one will do — the original with Jodie Foster and Barbara Harris or the remake with Lindsay Lohan and Jamie Lee Curtis. Neither is really a great movie, but they’re both memorable and entertaining.”

RIP, Cindy Morgan, actor best known for Caddyshack and Tron.

Stranger Things has officially started production on its fifth and final season.”

“Man Finds Undamaged Cell Phone That Survived 16,000-Foot Fall From Alaska Airlines Blowout”.

RIP, Franz Beckenbauer, German soccer legend who won a World Cup as a player and as a coach.

“Who is America’s Largest Landowner?”

“A California man who lost $100,000 in a 2021 SIM-swapping attack is suing the unknown holder of a cryptocurrency wallet that harbors his stolen funds. The case is thought to be first in which a federal court has recognized the use of information included in a bitcoin transaction — such as a link to a civil claim filed in federal court — as reasonably likely to provide notice of the lawsuit to the defendant. Experts say the development could make it easier for victims of crypto heists to recover stolen funds through the courts without having to wait years for law enforcement to take notice or help.”

“The Biden administration stopped a company from selling data on people’s medical visits on Tuesday, its first settlement on a privacy issue that has many Americans concerned about who can see their most sensitive personal data — particularly visits to abortion providers.”

“Asking people to “do the research” on fake news stories makes them seem more believable, not less”.

“So, I’ve watched with some befuddlement the cascading reaction to this essay, even from apparently at least one person on Swift’s team. Many, many people have weighed in on the supposed inappropriateness of the Times’ actions here, and I would like to suggest everyone consider this entire situation with a little more chill, and a lot more grace.”

I had no idea that modern dishwashers took longer than older ones, but now that I do know, I don’t really care. Who waits around for their dishwasher to finish up?

RIP, Bud Harrelson, former Mets shortstop, coach, and manager.

The ESPN fake Emmys thing is just too weird.

RIP, Tom Shales, Pulitzer-winning TV critic for the Washington Post.

Posted in Blog stuff | Tagged | 3 Comments

It’s official, Paxton will get deposed

Excellent.

A crook any way you look

Attorney General Ken Paxton and his top aides will be forced to testify in a lawsuit accusing Paxton of violating the state’s whistleblower protection law after the Texas Supreme Court on Friday denied an emergency motion to block the depositions.

The case centers on allegations by four of Paxton’s former top deputies that he fired them out of retaliation after they reported him to the FBI for alleged corruption in 2020. They alleged that he accepted bribes in exchange for abusing his office to help a friend and campaign donor, financially troubled real estate investor Nate Paul.

Those allegations became the basis for impeachment charges filed by the majority-Republican Texas House last year; the Texas Senate later acquitted the third-term Republican.

The state Supreme Court justices did not explain the denial. Justice Evan Young did not participate.

Two justices — John Devine and Jimmy Blacklock — dissented in part, saying they would have ordered the plaintiffs to depose lower-ranking officials first and then let the district court reconsider the necessity of Paxton and his top aides’ testimony.

With the high court’s denial Friday, Paxton and his aides have run out of appeals. Paxton’s attorney did not immediately respond to a request for comment.

See here for the previous update. SCOTx did not waste any time on this, which I appreciate. Like the whistleblowers’ attorneys, I look forward to seeing this asshole get put under the microscope; the attorneys expressed this opinion more delicately than I did. The deposition will happen sometime before February 9. Nate Paul has also been served and his testimony is scheduled for February 21, assuming he doesn’t try his luck with the courts to stop it. Good luck with that, pal. Reform Austin has more.

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

Whitmire’s approach to HISD

It’s on brand, I’ll say that.

Mayor John Whitmire

Mayor John Whitmire met Monday with Texas Education Commissioner Mike Morath to reaffirm his support for Houston ISD’s appointed leadership, signaling a new approach from City Hall toward the state’s stewardship of the district as Whitmire begins his term as mayor.

Whitmire met with Morath to share “his views on the importance of HISD to the City of Houston and pledged that he and his new Education Advisor would assist the Houston Independent School District in any way possible,” according to mayor’s office spokesperson Mary Benton.

The mayor’s office did not divulge further details about the conversation, and said that Whitmire’s education adviser had not yet been named. The Texas Education Agency did not return a request for comment.

While Houston’s mayor has no formal authority over its school district, the relationship between mayor and superintendent has come under scrutiny as the city’s Democratic leaders have fought against the takeover of its school system by Republican Gov. Greg Abbott and his education commissioner, Morath. Morath, a former Dallas ISD trustee, is responsible for appointing former Dallas ISD Superintendent Mike Miles to HISD’s top post in June.

Former Mayor Sylvester Turner, a vocal supporter of former HISD Superintendent Millard House II, gave Miles the cold shoulder upon his arrival in Houston, regularly speaking out against Miles’ controversial reforms and ignoring an invitation to tour one of his New Education System schools, which underwent the most drastic overhauls.

Whitmire met with both Morath and Miles during his campaign for mayor and said he would lend whatever assistance was needed to Miles and his administration.

“The bottom line is the takeover has taken place, and it’s shameful to politicize that, politicize children’s education,” Whitmire said in November. “Let’s support the students, support the administration that has got the children’s best interests at heart, and go forward.”

[…]

Erin Baumgartner, director of the Houston Education Research Institute at Rice University’s Kinder Institute for Urban Research, said that it was fine for Whitmire to speak with Morath, but that ultimately, his relationship with Miles will be most important, given the localized control of Texas school districts.

Students’ and families’ needs go “beyond what a school district can offer,” Baumgartner said, and the mayor has the power to leverage resources toward transportation, public safety and social services in a way that improves their ability to receive a quality education.

“It’s really about the City of Houston recognizing HISD as a resource in our community and supporting the students that are in it,” Baumgartner said.

Robert Sanborn, president and CEO of the education policy nonprofit Children at Risk, said that Whitmire’s pragmatic approach toward relations with the TEA and the HISD leaders they appointed is a healthy step in the right direction for Houston children, but that Whitmire’s ultimate goal should be to expedite HISD’s return to local control.

“When you see Mayor Whitmire reaching out to them, it’s going to make a lot of people angry but it’s also the reality of what is happening, and to just abandon (HISD) and say ‘we don’t want them here so I’m not going to meet with them’ is probably not the right move,” Sanborn said. “However, the mayor’s clear message needs to be ‘let’s move it along, let’s stop with the takeover and move to get our own superintendent and our own board in there.'”

Whitmire told the Chronicle in November that his goal was to “make it work as best as we can and then get ’em out of town.”

I think we’re all familiar with the pros and cons of this approach. Maybe it’ll work, maybe he’ll get played. It’s too soon to say. At least in this case, as long as the Mayor keeps that focus on getting Mike Miles out of town, it should keep him pointed in the right direction. Beyond that, we’ll see.

Posted in Local politics, School days | Tagged , , , , , , , , , , , , | Comments Off on Whitmire’s approach to HISD

Dispatches from Dallas: Special year-end edition

This is a special edition of my friend Ginger’s “Dispatches from Dallas” series. I very much hope Ginger will be back to providing regular editions soon.

This is a quick wrap-up of the year-end news for 2023 from DFW and some predictions and forward-looking stories for 2024, brought to you by the music of LCD Soundsystem.

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Interview with Beto Cardenas

Beto Cardenas

Now we come to the end of our SD15 interview odyssey, stretching to its sixth day to accommodate this sizeable field. Beto Cardenas, who just put up a campaign launch video that features an endorsement from Rep. Sylvia Garcia that you can see here, is an attorney and businessman. A graduate of Texas A&M and Texas Tech Law School, he has served on multiple boards including the Houston Parks Board, Texas Tech University School of Law Foundation, and Houston Zoo He has served as Chairman of the Houston Botanic Garden, and previously served as a director of the Houston Food Bank. He represented the Houston Hispanic Chamber of Commerce in opposing the end of DACA in 2018; you can hear him discuss this on Houston Matters. Here’s what we talked about:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15
Todd Litton, SD15

As noted this is the end of SD15. Next week I will have interviews with the five candidates running for Harris County Tax Assessor. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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

We’re going to be electing what now?

I had no idea about this. It sure wasn’t covered in the runup to this past election.

In a state known for too many elections, there’s another one coming to Texas’ 50 largest counties.

This May, voters in those most populous counties will be asked to elect three members of their respective appraisal district boards. When Texas voters approved constitutional amendments to lower property taxes this year they also approved new political positions within their appraisal districts that are now up for election in May.

Appraisal districts determine annual property valuations based on market value, which helps local taxing entities calculate how much tax revenue they can receive in a given year, and set their tax rates and budgets. Since 1980, these districts have included a property tax appraiser and an appointed board.

Last November, voters approved the ballot measure that set a temporary maximum on appraised property values and increased the homestead exemption from $40,000 to $100,000. But they may not have read further. Included in the ballot language was a major tweak to how appraisal district board members – usually appointed by local elected officials – are chosen.

Beginning in May, there will be four-year terms for members of the boards for appraisal districts with populations over 75,000 and each will have eight members. Three of those will be elected. The change has drawn some concern and criticism from county leaders now saddled with a brand new election. And many counties are still working out which current members will serve as an appointed official and which will be forced to run for an elected spot.

So why do this? According to state Sen. Paul Bettencourt, a Houston Republican and the author of Senate Bill 2 that became Proposition 4 on the November ballot, Texas lawmakers were overrun with questions regarding taxpayer input into the county appraisal district governance.

“Now when you look historically over this, there’s never really been elected representation ever on the appraisal district board of directors,” he said.

Whether a board is elected or appointed, board members don’t make decisions regarding property values, which is the issue voters primarily complain about according to Bettencourt. The board does decide what members are appointed to the appraisal review board, which is not required to lower property values but has the option to.

[…]

But the change has drawn concern from some chief appraisers, who worry this will either politicize the system or create problems convincing anyone to fill the seat.

“Who wants to get signage and go knock on doors for a position that does not pay a dime?” asked Angelina County Chief Appraiser Tim Chambers. “You get no benefit whatsoever for being on my board – a cup of coffee or a bottle of water is about all you get.”

In Bexar County, Chief Appraiser Rogelio Sandoval is waiting to see what this will mean for his community. He didn’t express an opinion on the change, but said it is his job to uphold the law regardless of what it is – which is what he plans to do.

There’s also the added scrutiny board members typically face, as residents protesting their property evaluations have historically evaluated properties owned by board members as well, he said.

Chambers wanted to know exactly what the board of directors was expected to campaign on, what kind of promises they could make. Board members are not permitted to discuss property valuations outside of public meetings and cannot tell the chief appraiser to change property values.

[…]

Chambers and [Mike Brower, chief appraiser for Bowie County] worry creating elected positions will politicize a formerly apolitical system. Brower doesn’t understand why the positions need to be elected.

“Essentially, the board can hire and fire the chief appraiser and find us a place to office. They can enter into contracts over $5,000, they approve a budget and they appoint (the appraisal review board),” Brower said. “I just told you everything my board of directors is allowed by law to do and not a thing that I just told you has anything to do with property value and it has nothing to do with taxes.”

Campaigners seeking board positions cannot promise to lower property values, or to make truly substantive changes to how the system operates during the election.

Yeah, I have no idea what this is going to look like. The current list of HCAD Board members includes a bunch of people whose appointed terms ended this past December 31; in theory, either they have been reappointed by now or someone new has taken their place. At least three of them (Kathy Blueford-Daniels, Martina Lemond Dixon, and Ann Harris Bennett) are elected officials, which means they could not run for one of the new elected positions on the Board. (HCAD now stands for Harris Central Appraisal District by the way, another thing I learned in writing this post.) But I suppose they could continue to be appointed members? (Ann Harris Bennett will not be, at least once her term as Tax Assessor ends.) I have no idea.

Here’s a list of Texas counties, which you can sort by population size. Harris, Montgomery, Fort Bend, Brazoria, Galveston, and Liberty Counties will all have to go through this. Waller County, with a population of 61K and rapidly growing, will likely join the fun in a few years, while Chambers (51K) may be a decade or more away. Walker County, home of Huntsville, is the smallest county to meet the 75K threshold, though Wise County in North Texas was just below it and may have to consult a demographer and/or lawyer to see if they are in scope. This is going to be more than a little chaotic.

One last thing to note is that this will be a May election, at least this time; perhaps in the future we will do these in November. I’ll have to read SB2 more closely. We generally don’t have much election activity in Harris County in May – some smaller cities and some school boards do May elections, though those are usually in the odd-numbered years. Outside of the HISD recapture re-do referendum in 2017, we pretty much never have elections on the uniform May date. We do have party primary runoffs in May, but those are on a different date. See how much fun this is already?

Anyway. I will keep an eye on this. In the meantime, some more coverage of the fact that we will even be having this election in less than four months would be nice. The Fort Worth Report, which provides an estimate of $300K to hold that county’s election for these posts, has more.

UPDATE: Finally looked through this very long bill and near the bottom there’s this:

SECTION 5.13. (a) Appraisal district directors shall be elected to the elective positions as provided by Section 6.0301, Tax Code, as added by this article, beginning with the election conducted on the uniform election date in May 2024. The directors then elected take office on July 1, 2024, and serve a term that expires on December 31, 2026.

(b) Following the election of the initial elected directors of an appraisal district as provided by Subsection (a) of this section, directors shall be elected as provided by Section 6.0301, Tax Code, as added by this article, beginning with the general election conducted in November 2026. Directors then elected take office January 1, 2027.

(c) At the first meeting of the board of directors of an appraisal district described by Section 6.0301, Tax Code, as added by this article, that follows the November 2026 general election of directors under that section, the three elected directors shall draw lots to determine which director shall serve a term of two years and which two directors shall serve a term of four years. Thereafter, all elected directors serve four-year terms.

OK, so at least this May election is a one time deal. This is still very weird.

Posted in Election 2023, Election 2024, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

Driverless trucks minus human “safety drivers” set to debut later this year

I-45 will be where to find them.

Driverless trucks with no humans on board will soon cruise Texas highways if three startup firms have their way despite objections from critics who say financial pressures, not safety, is behind the timetable.

After years of testing, Aurora Innovation, Kodiak Robotics and Gatik AI expect to remove safety drivers from trucks that are being guided by software and an array of sensors, including cameras, radar and lidar, which sends pulses of light that bounces off objects. The companies have already hauled cargo for big names, such as Walmart Inc., Kroger Co., FedEx Corp. and Tyson Foods.

“At the end of the year, we anticipate getting to the point where we begin operating those trucks without drivers on board,” Chris Urmson, co-founder and CEO of Pittsburgh-based Aurora, said in an interview.

All the companies say they’re ready to deploy the technology, though they know there’s little-to-no margin for error. The risk is worth it, they say, because the technology promises to improve highway safety and lower transportation costs.

Detractors say the companies have incentive to reduce the losses that investors have been financing during the development and testing phase.

“We are concerned about the lack of regulation, the lack of transparency [and] the lack of comprehensive data collection,” said Cathy Chase, president of Advocates for Highway and Auto Safety. The list of opponents also includes the International Brotherhood of Teamsters, the 1.3 million-member union that represents drivers and warehouse workers.

[…]

At Aurora’s terminal just south of Dallas, a worker cleans sensors on top and at the side of a dark blue Peterbilt truck while a safety driver sits in the cab ready for the truck to pull out. If all goes as planned, the safety driver, whose hands now hover above the wheel without touching it while the truck is in transit, will soon no longer be needed for the 200-mile trek to Houston.

“Our intent is this is going to feel like just another day, except this day the truck’s going to head out on the road without anybody in it,” Urmson said.

[…]

Gatik AI, a Mountain View, Calif.-based startup, has already driven trucks without a driver in Arkansas and Canada. The company uses smaller, box trucks and plans to deliver from distribution centers to stores. In 2024 the company expects to deploy driverless trucks in the Dallas area “at scale,” Gatik co-founder and CEO Gautam Narang said.

Kodiak plans to “start small in 2024 and gradually ramp it up as we build confidence in the system that we didn’t miss anything,” said Don Burnette, CEO of the closely held company that he founded in 2018 that is also based in Mountain View, Calif. “We’ve seen the damage that can be done,” as in the case of robotaxis in San Francisco, he said.

The first operations without a human aboard will be short runs near the company’s truck terminal just south of Dallas and extend from there, said Burnette.

The companies have truck port partners to help with refueling their diesel-powered fleets and roadside assistance in case of a flat tire.

See here for the most recent post I have about driverless trucks, which have been running in Texas mostly on I-45 for the past couple of years. I have a couple of posts about Aurora and Kodiak, but the only mention I can find on this site about Gatik was in the context of autonomous vehicles in general. You can learn more about them at the links in the story; Aurora has a separate page for this project. They have also been in the news for some bigger ambitions.

Thousands of self-driving trucks could be on U.S. roads by 2027 following a Friday announcement by autonomous trucking firm Aurora Innovation.

Together with Continental, Pittsburgh-based Aurora said it has finalized the architecture and requirements of its Aurora Driver hardware — an important milestone that will allow the company to scale its driverless trucks and deliver them to commercial partners including PACCAR and Volvo.

Aurora plans to debut its autonomous trucks on a Dallas-to-Houston route by the end of this year.

[…]

Aurora and other trucking firms like Gatik and Kodiak Robotics have thus far used a human driver on pilot routes as a failsafe for self-driving software but aim to bring fully autonomous vehicles to Texas roadways this year. Aurora is working with Continental’s engineering team to develop a specialized secondary computer that can take over operation if a failure occurs. That’s expected to go into production in 2027.

The technology has the potential to reshape the freight industry, allowing trucks to be on the road for more than 20 hours a day and, without the need for human breaks, trim delivery time for long-haul loads by days. Companies developing autonomous programs say driverless hauling will improve highway safety and stabilize transportation costs.

Major players in the automotive and freight spaces are betting on autonomous technology to do just that: Toyota, Volvo, Uber, PACCAR and Amazon are all investors in Aurora. The firm raised $850 million last summer.

Self-driving technology could also fill gaps in the industry left by driver shortages, with as much as 90% of long-haul trucking predicted to become self-driving.

Today I-45, tomorrow the world. Getting a truck to honk its horn as you pass it on the highway may become extinct as well. We’ll see how it goes.

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Interview with Todd Litton

Todd Litton

Normally this is where I’d say we’re wrapping up the week, but there are six candidates in the Democratic primary for SD15, so there will be another interview tomorrow. For today, we have another familiar name, Todd Litton, who made a spirited run for CD02 in 2018 against Dan Crenshaw. Litton is an attorney and mediator, with his own mediation practice in Houston. He has been on the board of many non-profits, he helped recruit multiple State Rep candidates in 2020, and he served as Mayor Bill White’s Chair of the City of Houston’s Tower Commission. You can listen to the interview I did with him in 2018 here, and you can listen to what we discussed this time here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15
Rep. Jarvis Johnson, SD15

I will have one more interview from SD15 tomorrow, with interviews from other races to follow in the weeks to come. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Erica Hughes

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Erica Hughes

1. Who are you and what are you running for?

Erica Hughes, running for Judge of the 151st Civil District Court. I am a lifelong Democrat from Dallas, Texas. I became a part of the Houston community when I moved in 2003 to attend law school. I am a military Veteran that loves to give back to the community.

2. What kind of cases does this court hear?

This court hears civil cases where one party is seeking monetary relief of more than $500. This includes debt collection, real estate cases, insurance coverage, personal injuries, wrongful death, product liability, breach of contract. The court is not limited to hear these types of cases, but these are the most common cases before the court.

3. Why are you running for this particular bench?

I am running for the 151st District Court because it is time for change. I have the experience to be an excellent civil Judge. I will truly see all parties as equals. This court needs a Judge that understands what justice for all means. The court needs a Judge that will be impartial to all, no matter their campaign contribution, individual representation, corporate status, attorney representation, or walk of life. I will bring an approach that will administer justice for all in a timely and efficient manner. I believe that everyone should experience a justice system that gives them a fair trial by a jury of their peers.

4. What are your qualifications for this job?

I have practiced law for 17 years. I am a graduate of Thurgood Marshall school of Law. I have served as a Judge for Harris County Criminal Court #3. I have served as a Judge for Harris County Veterans Court for all 16 Misdemeanor Courts. I serve as a Judge for Immigration under the department of Justice. I have worked for State Farm Insurance Company representing policy holders. I have also served as a plaintiff’s attorney in my own practice for personal injury claims. During this time, I served as a fee attorney for a Title company within the state of Texas working on real estate matters. I have served in the military as A Judge Advocate General. I have also been adjunct faculty for 13 years. I have also served as a board member to the Coalition for the Homeless. I have a heart dedicated to the community and serving the community. I believe all these experiences combined make me the best Judge for the job.

5. Why is this race important?

The judicial system is usually the communities first encounter with someone they elect and their last chance for justice. They need someone who understands their walk of life and that everyone is not familiar with the judicial system. The community needs someone who has experience with the community, corporations, and the experience to fairly adjudicate their dispute while treating everyone with respect and dignity. The voters can make sure they get a Judge like this in the 151 st by voting for me.

6. Why should people vote for you in March?

The people should vote for me because I have the experience, empathy, integrity, and the fight for justice for all. I have the community involvement and legal experience combined that will make best Judge for the job. I have worked in my community and fought for an equal justice system and made improvements every day, not just during election time. My legal career and life experiences have prepared me for this role. I am ready on day one to create a courtroom that welcomes all parties to have their day in court. I am asking for your support to effectuate the change needed in this court. Please vote for Erica Hughes.

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Paxton tries his whistleblower deposition luck with SCOTx

This should be the end of the line, one way or another.

A crook any way you look

Embattled Attorney General Ken Paxton is asking the Texas Supreme Court to shield him from being deposed in an ongoing whistleblower lawsuit filed by four former agency employees. The former aides say they were wrongfully fired in retribution for complaining to federal authorities about Paxton’s possible misconduct in helping a friend and campaign donor.

Paxton’s appeal to the state’s high court, which was filed Monday, comes after an appeals court on Friday evening rejected the same motion, affirming a district court’s previous ruling to compel his and several of his high-ranking deputies’ testimony in the case.

The 3rd Court of Appeals’ ruling Friday also allows the whistleblowers to continue their lawsuit after a proposed $3.3 million settlement agreement fell apart when the Legislature last year refused to pay for it.

[…]

Over the course of four appeals seeking to stop the whistleblowers from continuing their suit and to quash his court-ordered testimony, Paxton has argued that he complied with the nonmonetary elements of the settlement agreement — such as removing a disparaging news release about the whistleblowers and making a public statement that the former top aides in his office had acted with good intention in complaining about him to the FBI — and that the Legislature’s refusal to foot the bill should not warrant continued settlement talks or a trial.

“And, like any legislation, settlement funding can take more than one session to pass,” Paxton’s attorneys argued in their Monday appeal to the Supreme Court.

In a response filed Tuesday to Paxton’s latest appeal, the whistleblowers’ attorneys disagreed with the Office of the Attorney General’s assessment, arguing the terms of the previous agreement were never met and that lawmakers, who adopted a provision to bar state appropriations from funding a settlement, have no interest in paying for the initial agreement.

“The Legislature considered and rejected OAG’s request for funding, and even added a rider to the appropriations bill forbidding OAG from settling this case with taxpayer funds,” the attorneys for the whistleblowers wrote in their response.

The whistleblowers also are painting Paxton’s argument to maintain the original settlement agreement and bar his testimony in the case as tired and repetitive after previous courts have rejected the attorney general’s same argument on the path to appealing to the Supreme Court.

“If OAG’s arguments seem familiar, that is because this Court has considered them before,” the whistleblowers wrote, referencing a September Supreme Court ruling that lifted an abatement on the case, allowing for settlement negotiations to continue.

[…]

Despite Soifer’s ruling that the plaintiffs showed “good cause” in seeking to compel Paxton’s deposition — along with those of First Assistant Attorney General Brent Webster, Paxton’s chief of staff Lesley French Henneke and senior adviser Michelle Smith — Paxton’s team argues that his testimony is not warranted and that “less intrusive means of discovery” should be prioritized.

Under Soifer’s order, Paxton and his deputies are required to provide their depositions by Feb. 9, but not prior to Jan. 16.

See here for the previous update. Note how Paxton filed his Supreme Court appeal on Monday after getting ruled against by the Third Court of Appeals on Friday. I’m guessing there was a lot of copy/paste involved there. I would expect another quick ruling – today is Friday, so keep an eye on the internets this afternoon, as that’s always a popular time for this sort of thing. KXAN has more.

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

Dispatches from Dallas, January 12 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, an explosion rocked downtown Fort Worth; the late Eddie Bernice Johnson was honored; Ken Paxton was swatted; there was assorted primary-related business; Dallas’ city charter and its upcoming bond proposal got closer to their deadlines; the DMN’s architecture critic had a few things to say about housing policy; a Dallas Zoo giraffe died; and more. This week’s post was brought to you by the music of the Supreme Beings of Leisure.

This week’s post will also be my last for a while, though I hope to be back on the beat sooner rather than later. I received a diagnosis of endometrial cancer in November, and next week I’ll have surgery to remove the cancer. I have a 70% chance of skating by without radiation or chemo following surgery, but obviously I won’t know when I’ll be up to writing until afterwards. When caught at this stage, endometrial cancer’s survival rate is 99% at 5 years, so I’m glad my doctors found it. As a public service, I’d like all of you to know that any post-menopausal bleeding is a sign to take yourself to the doctor immediately and get checked out, because the default assumption is that’s a sign of uterine cancer. The life you save may be your own or that of someone you love!

As you may have heard, since it got national coverage (Washington Post), there was an explosion in downtown Fort Worth on Monday. Nobody was killed but more than 20 people were injured, one critically. The Star-Telegram has the best coverage; the gist is the cause appears to be a natural gas leak in the basement restaurant of the Sandman Hotel. The hotel is in a historic building; the design and steel construction may have kept the building up despite the explosion. You can see from the photos in the last link that it’s a large twenty-story building. City authorities have closed streets in the area and the parade route for the Stock Show has been changed to keep participants away. The Star-Telegram also has an explainer about gas explosions in North Texas and how some of them are related to maintenance on the customer-owned line from the street.

While we were fortunate enough not to have an explosion, our own Dallas home had a leak that our inspectors didn’t catch when we moved in. A month after we took over and paid our first gas bill, we called to have it checked because it seemed high and found out there was a leak. We spent a very cold holiday after having our gas turned off at 5 p.m. the Wednesday before Thanksgiving. It took about ten days to get the line dismantled and replaced and the inspection to clear it so we could get our gas heating back on.

What bothers me personally as a gas customer is that our bill was ridiculous and Atmos could have spotted it, but they left it to us to figure it out. It’s one thing for Atmos to not be financially responsible for repairing gas lines on private property. But they’re the experts and they have a good idea of when a customer’s gas expenditures change. The gas lines in this part of Texas are mostly old and aging out; we learned this in 2018 after the big DMN investigation into Atmos mentioned in the Star-Telegram article about gas explosions. If they know their own lines need replacement, they ought to be proactively telling their customers to get the lines from the street checked.

Circling back to the hotel explosion, the lawsuits have already started, with the hotel, the management company, and Atmos as defendants.

The second big story this week has been the funeral and burial of local legend Eddie Bernice Johnson, who represented South Dallas in Congress for 30 years. She died on December 31, her wake was on Monday, her funeral was on Tuesday and she was buried in the Texas State Cemetery in Austin on Wednesday.

One of the more distressing parts of the news about Johnson is how she died. The family plans to sue her medical provider for negligence, as described by the Texas Tribune, and I suggest you read the details with caution because they’re pretty rough. The gist of it is that she had spinal surgery, was left unattended in her own bodily wastes, her injuries became infected, and the infection killed her.

This week’s story is about Johnson’s achievements, though. She was honored by a variety of community and political leaders, including President Biden, who made his first trip to Dallas as President to attend the wake. Love Field, where Biden flew in on Monday, was the site of a pro-Palestinian rally that led to 13 arrests but didn’t keep Biden from attending the wake. You can read about EBJ’s career in the publication of your choice; my favorite piece is this D Magazine tribute with quotes from state, local, and national figures she mentored. She will be much missed.

In other news:

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Interview with Rep. Jarvis Johnson

Rep. Jarvis Johnson

Next up is State Rep. Jarvis Johnson, who has served in HD139 since winning a special election to succeed the newly elected Mayor Sylvester Turner. He was on the Appropriations Committee this past session and was the Vice Chair of the Community Safety and Homeland Security & Public Safety committees. Johnson served for three terms on Houston City Council before that in District B. A TSU graduate and entrepreneur, I’ve interviewed him a couple of times before, most recently in 2016 when he was elected to HD139. You can listed to that interview here and you can listen to this interview here:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15
Molly Cook, SD15

I will have more interviews from SD15 this week, with interviews from other races to follow in the weeks to come. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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An effort to recall Dallas’ Mayor

I don’t know how seriously to take this. It seems like a big stretch. But I’ll be rooting for them.

Last September, when Dallas Mayor Eric Johnson told the world he had switched political parties from Democrat to Republican, it ruffled more than a few feathers in the blue-leaning city. Now, a Dallas activist and former City Council candidate named Davante Peters is circulating a petition to recall the mayor.

Johnson’s party switching isn’t the only factor that inspired the petition. Peters said the mayor’s absence from city meetings over the last few years prompted him to file his petition with the city secretary. According to KERA, Johnson has missed more than 130 hours of City Council meetings since 2019, something that Peters takes seriously.

“There’s obviously something that has his attention more than his role at hand,” Peters said. “That’s kind of what led me to jump on this.” Johnson’s office did not respond to a request for comment about the recall effort.

Peters is the owner of a health and wellness business called Tha Alkaline Hour. He’s encouraging people to show up to his Dallas location at 4414 S. Marsalis Ave. to sign his petition.

Recalling an elected official in Dallas is a multistep process. First, a notice of intent to circulate a petition must be filed with the city secretary. That’s what Peters did on Jan. 5. The petition must be signed within 60 days by at least 15% of voters who were eligible to vote in the last election.

After the signatures have been gathered, the petition is sent to the city secretary to be certified within 30 days. When it’s been certified, the petition can be submitted to the City Council, which will then call for a recall election. This election is to take place on the next available election date no later than 60 days after the certification of the petition.

The recall election is held as if the mayor’s position were vacant. The mayor is automatically placed on the ballot unless he resigns or decides not to run. The rest of the candidates must comply with regular requirements for a general election in the city. The person elected must take the oath of office within 10 days after the canvassing of the election or the seat will be declared vacant.

[…]

Peters said the vast majority of people he has approached with his petition have been supportive of it. “I haven’t found anyone so far who is not extremely eager and excited to sign our petition,” Peters said. He said the first day of circulating the petition he got about 100 signatures. He has about 150 signatures now and needs 103,595. The deadline for the signatures is March 5, Dallas City Secretary Bilierae Johnson told the Observer by email.

All due respect, but 100 signatures a day isn’t going to come close to meeting the threshold. The magic number to get to the required total in 60 days is 1,727 sigs per day. It’s clear that Davante Peters isn’t going to approach that number on his own, but a more organized effort, with funding and volunteers and messaging and so on, should be able to. If such a movement springs up around Peters in the next couple of days, then perhaps the Mayor has something to worry about. If not, this is probably the last you’ll hear of it. We’ll see.

UPDATE: The Trib story addresses one of the points I made above:

Kardal Coleman, chair of the Dallas County Democratic Party, started an online petition last year calling for the two-term mayor — a former long-time Democrat — to resign. As of Tuesday, it has over 2,300 signatures.

Peters said he felt that the online petition was a “symbolic effort.” His recall petition is the first filed with the city’s secretary against a Dallas City Council member since a failed effort to unseat a council member in 2017.

Johnson’s office did not respond on Tuesday to requests for comment on the petition.

[…]

Peters said he hopes the petition will gain support from Coleman, other Dallas Democrats and community activists.

I agree that the online petition was just a symbolic activity. The Dallas County Democratic Party ought to be in a position to make Peters’ effort a real one, if they are so inclined. They may or may not be – they have a primary to run, and this November takes precedence over everything else – but if they are, then this may go somewhere. The DCDP is not the only entity that could fuel this – honestly, anyone with enough money and a big enough grudge could do it – but they’re a logical starting point.

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What’s going on at the Houston Landing?

Whatever it is, it’s not great.

Before the Houston Landing even had a name, it was already powered by one of the biggest investments in any single nonprofit local news startup. A full year before launch, the project had secured $20 million in pledged funding from a coalition of local and national backers.

This week, newsroom staffers were shocked when Mizanur Rahman, the Landing’s widely popular editor-in-chief, and Alex Stuckey, an early hire and Pulitzer Prize-winning investigative reporter, were abruptly fired on Monday morning as part of what CEO Peter Bhatia described as a company “reset.” Rahman and Stuckey had hired and mentored most other members of the newsroom.

Their losses, six months after the news site’s full launch last June, prompted the Landing’s journalists to send a letter appealing to the nonprofit’s six-member board of directors to reverse the decision. But Bhatia told me that the board of directors and funders were “not at all” involved in the company reset decision — he said these calls were his alone.

[…]

After managing editor John Tedesco was named interim editor-in-chief in another one-on-one meeting, Stuckey told me she was fired in a five-minute 9:30 a.m. meeting with Bhatia, where she was asked to sign a severance agreement binding her to confidentiality, which was reviewed by Nieman Lab. (She refused to sign it.)

“I was not given a reason beyond ‘the company needs a reset, and you’re not part of it,’” Stuckey told me. She was especially blindsided because recently, in December, she had received a 3% raise based on what she described as a “stellar” performance review.

Stuckey also told me Bhatia had asked her to begin publishing stories more frequently (“once a month”) in December, “because he felt we needed more enterprise.” Publishing that often as an investigative reporter, she said, would have been a “demotion.” At the time, Rahman had “headed him off” and Stuckey had thought the dispute was resolved. (Stuckey published at least one story every month last year starting in February except for April and November, when she took a three-week vacation.)

Stuckey thought her loyalty to Rahman might have contributed to her being fired, telling me, “I tell all our job candidates, ‘if Mizanur said, we have to move to Antarctica, we’re going to do incredible journalism,’ I would call my husband and say we have to sell the house.” (Another reporter who requested anonymity out of concern for their job said “I think that she was essentially collateral damage” and described Stuckey as “among the more vocal people in the newsroom.”)

I’ve been a fan of Houston Landing since its launch – you’ve certainly seen how often I use their stories as a basis for my posts. I don’t know what this Peter Bhatia guy has in mind – really, read the story and see if you can figure it out – but I didn’t see anything they needed to fix. I hope this doesn’t screw them up from this point on. Go read the rest of this story, and the Texas Monthly story and see what you think. Poynter has more.

Posted in Websurfing | Tagged , , , , , , | 1 Comment

Texas blog roundup for the week of January 8

The Texas Progressive Alliance has outgrown making jokes about writing the correct year on checks as it brings you this week’s roundup.

Continue reading

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Interview with Molly Cook

Molly Cook

Our next candidate for SD15 is a name that should be familiar to you, Molly Cook. Cook ran in the primary for SD15 against then-Sen. Whitmire and collected 42% of the vote, a strong showing for a first-timer against a veteran incumbent. Cook was then and still is a nurse, doing emergency and home-health nursing, with a bachelor’s from UT and a master’s in health policy from Johns Hopkins. She has been active in other areas of politics as well, working on the Beto campaign, for Prop B/Fair for Houston, and for Stop TxDOT-I45. You can listen to the interview I did with her for the 2022 primary here, and you can listen to this interview below:

PREVIOUSLY:

Karthik Soora, SD15
Michelle Bonton, SD15

I will have more interviews from SD15 this week, with interviews from other races to follow in the weeks to come. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

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Judicial Q&A: Judge Mike Engelhart

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Judge Mike Engelhart

1. Who are you and in which court do you preside?

I am Judge Mike Engelhart. I have been the Judge of the 151st Civil District Court since January 1, 2009.

2. What kind of cases does this court hear?

We hear civil cases. Those are cases in which people are generally suing each other over money. They can include personal injury matters, business disputes, real estate matters, and also include expunctions of criminal records, and name changes.

3. What have been your main accomplishments during your time on this bench?

(a) We receive outstanding reviews from the lawyers that appear in front of us in Houston Bar Association Polls, including the most recent Judicial Evaluation Poll. (b) We routinely and currently have the lowest inventory of civil cases among the 24 Civil District Courts in Harris County because we work hard and try lawsuits.

4. What do you hope to accomplish in your courtroom going forward?

I hope to continue to move cases through our system while continuing to ensure a level playing field for all litigants regardless of finances or background.

5. Why is this race important?

This race is important because it is about maintaining a reliable, competent, experienced and efficient judiciary.

6. Why should people vote for you in March?

They should vote for me because I am the most qualified, and I am a good Democrat who is active in the community in terms of giving my time and abilities to make peoples’ lives better.

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A tale of living at the office

I am oddly fascinated by this.

A Republican candidate for Texas Senate who is backed by top state leaders is fighting a multifront legal battle against primary opponents who want to remove him from the ballot over residency questions.

The latest twist came Monday in a Denton County district courtroom, where one of Brent Hagenbuch’s rivals, Carrie de Moor, was set to argue that he lied about his residency to run for office. But before the hearing could begin, one of her lawyers asked Judge Lee Gabriel to postpone it because he just learned of a new and curious claim by Hagenbuch.

In a filing hours earlier, the candidate said he was subleasing a “corporate apartment” for $1 quarterly in the office building that he listed as his residence when he filed to run. He “slept there, showered there, ate there and lived there,” the filing said.

Gabriel was upset with the last-minute filing by Hagenbuch but agreed to push back the hearing until Jan. 19.

[…]

Hagenbuch’s primary competitors include de Moor, a Frisco emergency room physician who has the support of Attorney General Ken Paxton. There is also Jace Yarbrough, a conservative activist-attorney from Denton County, and Cody Clark, a former Denton police officer.

De Moor has filed the Denton County lawsuit, while Yarbrough is asking the Fort Worth-based Second Court of Appeals to intervene. The court gave Hagenbuch a Monday deadline to respond. Clark, meanwhile, has asked the Texas Rangers to investigate Hagenbuch.

Their efforts have proven unsuccessful so far, and Hagenbuch’s campaign has celebrated each delay. After the aborted hearing Monday, Hagenbuch spokesperson Allen Blakemore told reporters there that Hagenbuch’s opponents were “all following the playbook that Democrats are using against Donald Trump.”

“They fear the candidate,” Blakemore said, “so they’re trying to knock him off the ballot.”

Speaking separately with reporters, de Moor said: “I’m not afraid of [Hagenbuch]. He’s just not eligible.”

In a court filing, Hagenbuch said he was too busy to attend the hearing because he was campaigning elsewhere with Springer.

Under the Texas Constitution, candidates for legislative office have to reside in the district they are seeking to represent for at least a year before the election. That means that candidates for Senate District 30 would have had to live there since Nov. 5, 2023.

When Hagenbuch filed for the seat, he listed his address as an office building inside the district in Denton. It is the same building where his transportation company, Titus Transport, is a tenant. He said he had lived in the district for one and a half months at that point.

His opponents argue a host of public records undercut that claim. They say property, tax and voter registration records indicate that he lived outside the district — in neighboring Senate District 12 — as of Nov. 5.

In the new filing, Hagenbuch’s lawyers argued he established residency at the office building address by signing a “corporate apartment sublease” there on Oct. 2. The subleasor is listed as “NEAT,” which appears to match the name of Titus Transport’s parent company, NEAT Enterprises. The agreement says the term of the sublease is “indefinite” and Hagenbuch owes $1 in rent per quarter.

Asked why Hagenbuch would want to live in the office building, Blakemore told reporters it had to do with “family issues” that he has discussed on the campaign trail. His daughter moved into the family house after her husband died and ended up staying longer than expected, and Hagenbuch was looking for “breathing room.”

Hagenbuch has since moved into an apartment across the street from the office building, according to the new court filing.

Gabriel, the judge, was not pleased with the revelation of the corporate apartment sublease. She said she was “at a complete loss as to why” it was just disclosed Monday morning. A Hagenbuch lawyer, Andy Taylor, told her the timing of the disclosure was “not strategic,” just a result of his heavy workload.

De Moor’s side told the judge they needed time to “vet” the new filing but sounded deeply skeptical while speaking with reporters afterward.

“A guy shows up in court with a $1 lease that, if it’s true, would solve all of these problems for him, and it just magically shows up at the last minute?” de Moor lawyer Jack Stick said.

There’s no one to root for in this story, and no angle that could lead to some kind of Democratic advantage as far as I can see. My sole interest in this case is that it’s a residency dispute, which might offer the chance to clarify (or not) our famously lax and convoluted standards for what qualifies as a “residence” for electoral purposes. The “corporate sublease” in this story is reminiscent of Dave Wilson and his warehouse and is as ridiculous on its face as that was, but as we know Wilson prevailed in court and again on appeal. Given that, I’d bet on Hagenbuch and the inability of anyone I’ve seen so far to define “residency” to the point where one can say with confidence that a given candidate fails to meet it. But this is a different time and a different place, and the thing about an ephemeral standard is that one can see whatever one wants in it. This is another opportunity for a judge to do that, and I’m very interested in what they see.

Posted in Election 2024, Legal matters | Tagged , , , , , , , , , , , | 4 Comments

Interview with Michelle Bonton

Michelle Bonton

We continue in SD15 with Michelle Bonton, who describes herself as an educator, social entrepreneur, speaker, writer, and advocate. She was the founder and executive director of the Rhodes School for the Performing Arts, executive director at the non-profit Harris County Cultural Arts Council, and the executive director at the Anderson Center for the Arts. She has a campaign website but as of late last week when I drafted this post it was just showing a splash page, so I got this information about her from LinkedIn and a couple of articles. You can find out a lot more about her and her experiences in the interview:

PREVIOUSLY:

Karthik Soora, SD15

I will have more interviews from SD15 this week, with interviews from other races to follow in the weeks to come. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , , | 3 Comments

Paxton again ordered to sit for whistleblower deposition

Keep on losing, Kenny.

A crook any way you look

Texas Attorney General Ken Paxton could have to answer questions under oath in a lawsuit that prompted his impeachment last year.

In a one-sentence order issued Friday evening, Texas’s Third Court of Appeals denied Paxton’s challenge to a lower court order requiring him to be deposed in a lawsuit brought by a group of former top deputies.

The Court, which has a Democratic majority, also denied Paxton’s petition to enforce a settlement agreement with the former employees.

Friday’s ruling means Paxton and three of his aides will have to participate in a deposition in the case. However, he’s likely to appeal the decision to the Texas Supreme Court.

[…]

In response to Friday’s ruling, Tom Nesbitt, [whistleblower Blake] Brickman’s attorney, told The Texas Newsroom the decision is “another court rejecting Ken Paxton’s effort to … deny accountability for his own grimey conduct.”

Nesbitt said he expects Paxton to appeal, adding “there’s no limit to the amount of taxpayer money Ken Paxton will try to spend to continue to buy delay.”

See here and here for the background. I would not say Paxton is “likely” to appeal to SCOTx, I’d say he’s absolutely certain to do so. He will also need to do so quickly, as things are moving along in the case. I will of course keep an eye on it. Reform Austin has more.

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Sunnyside solar farm update

I’m really rooting for this.

As Efrem Jernigan surveyed the young men attending a solar installation training session on his plot in Sunnyside, he spoke about his dreams for the land nearby.

The 240-acre former city dump across Reed Road did not look like much. Stunted trees covered the property and tires littered the edges.

Someday soon, however, private developers hope to build the largest urban solar farm in the United States on top of land that has long stood as a monument to environmental racism. Jernigan wants to make sure locals wear the hardhats.

“I’m the guy from Sunnyside that wrote a proposal to put this community to work,” he said. “So, if you came to my training and didn’t get a job, I’m going to be pissed off.”

Twenty months after Mayor Sylvester Turner held a press conference celebrating state approval of the massive solar farm, construction has not yet begun. The city’s top development official says he expects a groundbreaking within months.

In the meantime, community leaders and the city hope to resolve a lingering challenge: making sure local residents reap the benefits of the solar farm, along with private investors. The city has yet to finalize a community benefits agreement along the lines of the pact tied to the Ion District in Midtown.

Sunnyside was promised jobs, an agricultural hub and clean power at a discounted rate. The question is how to get there.

[…]

City Council approved an updated lease this summer. In that agreement, the developer agreed to hire 10 percent of its workforce from training programs like the one hosted by the South Union Community Development Corporation, of which Jernigan serves as board president. At least half of those employees must live in south and southeast Houston ZIP codes.

A former petrochemical worker, Jernigan said he became interested in offering training in Sunnyside because he rarely saw other Black people in the energy industry.

On a recent Friday morning, Charlie Smith was learning the ropes – literally. An instructor from the nonprofit Green Careers Texas taught him and seven other students how to strap on a safety harness and use it to clip into ropes at job sites.

Smith, a 17-year-old homeschooled student, said he is interested in finding a job in the solar industry like the ones that may sprout up across the street soon. He hopes locals will get some of the jobs.

“It’s very important. Because it’s our community, after all,” Smith said.

Once the solar farm is operational, the developers are required to produce an annual report every year showing whether they have fulfilled their employment promises. Jernigan said he has his own scorecard.

“About 95 people have been trained to work here. If 95 people are working here a year from now, we’ll call that a success,” he said.

See here for the background and go read the rest. There are still a lot of details to be worked out and it’s not clear to me from the story what a reasonable expectation for a timeline is. But it’s moving along, and as I said above I’m rooting for it. I hope to see a good progress report sometime later in the year.

Posted in Elsewhere in Houston | Tagged , , , , , , | 1 Comment

Interview with Karthik Soora

Karthik Soora

All right, it’s January 2024 and that means it’s primary season. Which in turn means it’s interview season, and I’ve got a lot of those to bring you. You may be aware that my Senate district SD15 is now vacant for the first time since approximately the fall of the Holy Roman Empire, and there’s a multitude of candidates running to be the next Senator here. First up is Karthik Soora, a Rice grad, former HISD chemistry teacher, and local political organizer. Soora is a co-founder of One Jump, a web platform that links low-income students with college access opportunities, and the Texas Chapter of TheySeeBlue, a volunteer organization dedicated to mobilizing South Asians in Texas. He is also a renewable energy developer with over 1 GW of solar and storage projects in the works. Here’s the interview:

I will have more interviews from SD15 this week, with interviews from other races to follow in the weeks to come. You can keep track of all my interviews and judicial Q&As on the ever indispensable Erik Manning spreadsheet.

Posted in Election 2024 | Tagged , , , , , , | 9 Comments

Judicial Q&A: Velda Faulkner

(Note: As I have done in past elections, I am running a series of Q&As for judicial candidates in contested Democratic primaries. This is intended to help introduce the candidates and their experiences to those who plan to vote in March. I am running these responses in the order that I receive them from the candidates. Much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet.

Velda Faulkner

1. Who are you and what are you running for?

Velda Renita Faulkner Candidate for Justice 14th Court of Appeals, PL 3.

2. What kind of cases does this court hear?

Civil and Criminal Appeals from District and County Courts in 10 Counties.

3. Why are you running for this particular bench?

This bench was established in 1978. I desire to bring diversity and equal justice for all to this bench. I am representative of the diverse communities this bench will serve, in all 10 counties.

4. What are your qualifications for this job?

I have 30 years of civil and criminal trial court experience, which includes family law and juvenile cases. I also have civil and criminal appellate experience. I have presented oral argument before the highest criminal court in the State of Texas-the Court of Criminal Appeals. I bring knowledge, wisdom and understanding of the law and an ability to properly apply the law to the facts of criminal and civil cases. I have volunteered countless pro bono hours in our underserved communities. I am a member of my church’s legal ministry. I am a volunteer board member of a community development, with the responsibility of enforcing the architectural scheme of the community.

I volunteer to provide legal advice and representation to our elderly community, start-up corporations, businesses and families. I determine to obtain the pulse of the people, to assess their needs and interest, to give them an understanding of our judicial system. I encourage diverse young progressives to have integrity and prowess in the legal profession, to know that Justice is not for sale and Judges cannot infer their political or personal thoughts in rendering opinions. We are gatekeepers of the law, not politicians.

5. Why is this race important?

This race is important to provide a diverse segment to the 14th Court of Appeals and particularly, Place 3. This particular bench or seat has never had any diversity and that must change. I will bring to this bench a working knowledge of the law and how to apply the law to the facts, with fairness and impartiality.

6. Why should people vote for you in March?

I am the candidate who strongly believes that every court and its various members should reflect the diversity of the community in which it serves. A vote for me in the March 2024 Primary, is a vote for change, not a vote for the status quo. Our voters should know the history of our courts and its elected justices, on every level. The 14th Court of Appeals, Place 3, has never been diverse. The voters can be assured I will bring balance, integrity, a knowledge of the law and a tenacity for fairness, equality and justice for all litigants!

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We return once again to the subject of a garbage fee

Maybe this is the time it happens. Maybe not. Who can say?

For many residents, Houston’s unreliable garbage collection is a familiar issue — and it’s one that even the city’s newly elected mayor apparently must confront.

In his inaugural address Tuesday, Mayor John Whitmire said his garbage bin had languished at the curb for a week, a common service delay in the city. Residents logged more than 29,000 complaints for missed garbage pick-ups in 2023, the highest tally in at least a decade, according to the city’s 311 data.

“We’ve got to get reliable garbage picked up. Mine’s been in front of my house for a week. I thought surely, surely,” Whitmire said. “But that’s the reality. And we live in a great city. Great cities do not have those issues.”

[…]

Solid Waste has long been underfunded, struggling to attract the number of drivers and maintain the number of trucks needed to reliably pick up garbage and recycling bins for its roughly 400,000 customers. Department leaders have said the department’s $100 million budget, far behind its Texas counterparts on a per household basis, is not enough to provide quality service.

Every other major Texas city charges residents a monthly garbage collection fee that provides sanitation workers with more resources. Houston does not, so Solid Waste must compete with other departments over property and sales tax dollars for funding in City Hall’s annual budget.

Former Mayor Sylvester Turner had said the city’s current system of funding was unsustainable. And the department’s long-range plan said it needs between $20 million and $40 million more to get on a better track.

“In my mind, it’s always being considered,” Solid Waste Director Mark Wilfalk said of a fee during last year’s budget deliberations. “I at least want to start working on the infrastructure for that because now we’re getting ready to change administrations, so I want to make sure everyone has the same level of information… We have to develop a more sustainable system.”

Whitmire has said he may explore implementing a garbage fee once he gets settled at City Hall and learns more about the state of the city’s finances. If it comes to that, though, he said it “would not be done without plenty of input from residents and City Council,” and the city would need to guarantee residents that the money would be used “as advertised.”

Mayor Whitmire has suggested that Solid Waste should be an “enterprise department”, which means that it would get its funding directly from a dedicated revenue source – the mythic garbage fee – rather than being funded from the general revenue budget. Public Works and the Houston Airport System are two existing enterprise departments. This would have the effect of improving the department’s performance and would also save a bunch of money from the general revenue budget, which as we all know is a thing that needs to happen. It all makes sense, but it has made sense for quite some time now without actually happening. What will we – and by “we” I mean Mayor Whitmire – do now? I have no idea. We’ll find out. I hope.

Posted in Local politics | Tagged , , , , , , , | 1 Comment

Weekend link dump for January 7

When will this year be over already?

“What we really see in Trump’s policy agenda is a list of promised actions that pretty closely follow the very personal grievances he developed during his first presidency. There’s the idea that an American state exists that is not directly controlled by him.”

“​​The neoliberal obsession with figuring out how to personally lead a life that is free from sin—rather than seeing yourself as part of a polity that counters the forces of capital as a movement that demands systemic changes—means that we spend all our time arguing about whether we’re bad people for being on Meta or worse people for being on Twitter”.

“When it comes to the law, the extent to which a physician can share their views on medical matters is based partly on constitutional free speech protections. But it’s also determined by other legal domains such as contract law, which could impact whether a doctor can be fired for what they say, and tort laws that govern malpractice claims. The issue of questionable medical guidance can come up in numerous contexts, from childhood vaccines to transgender care to conversion therapy for gay patients. But physicians’ problematic advice is particularly concerning when vast numbers of lives are at stake, such as during the COVID-19 pandemic, experts say.”

“Similarly, once you ban consensual porn, nudity, or sex work while still allowing Nazism, it isn’t unfair to conclude that you find porn, nudity, and sex work more offensive than Nazism. And it’s perfectly reasonable to conclude that those are some pretty fucked up priorities.”

“If “racism is within my circle of decency and debate” is our point, we should make it openly, not evade it.”

“Gift cards get lost or forgotten, or recipients hang on to them for a special occasion. In a July survey, the consumer finance company Bankrate found that 47% of U.S. adults had at least one unspent gift card or voucher. The average value of unused gift cards is $187 per person, a total of $23 billion.”

RIP, Hall of Stats website. The alternate to the MLB Hall of Fame will still have its archives for your viewing, it just won’t be updated anymore.

RIP, Shecky Greene, standup comedian and longtime Las Vegas headliner. Mark Evanier shares some memories.

“Now [Clarice Schlesinger runs two Moms for Liberty-esque SuperPACs] has been arrested touching children in the form of punching out a sixteen year old at a booze-drenched birthday party she threw for her seventeen year old daughter at the homestead in Doylestown, PA.” I cannot stress to you enough how much you need to read the whole thing.

RIP, Eddie Bernice Johnson, trailblazing former member of Congress, the first Black member from Dallas and the third woman elected to Congress from Texas.

“Mickey and Minnie [entered] the public domain on Jan. 1. From then on, Disney will no longer enjoy an exclusive copyright over the earliest versions of the characters. Underground cartoonists, filmmakers, novelists, songwriters — whoever — will be free to do what they want with them.” Also, Happy Public Domain Day to all who celebrate. You can start by adding the future Steamboat Willie slasher movies to your streaming wish lists.

The dark side of small dollar campaign contributions.

The Cruz Curse is real. And it’s hilarious.

“Some of the rarest vintage baseball cards from the 1920’s were discovered in a closet by a Northern California resident cleaning out his father’s home. The incredible collection of Pre-War baseball cards were found in an early 1900’s Pedro Cut Plug Tobacco tin. The century old collection of rare baseball cards will be sold by Auction Monthly.”

RIP, Frank Ryan, former Cleveland Browns quarterback who led that franchise to their last NFL championship in 1964. He was a graduate of Rice University and earned a PhD in mathematics there as well. Per a post on a Rice fan page on Facebook, Ryan had an Erdős number of 3, which is exactly the sort of thing one of us would highlight about him. Easily one of the most accomplished Owl athletes of all time. Read the obit for more.

“In fact, rejecting the legal order in favor of what seems to be politically safe at a given moment is just about the most dangerous move that can be made. It amounts to advocating that we shift from constitutional government to an insurrectionary regime. Indeed, it amounts to participating in that shift, while not taking responsibility for doing so. Let me try to spell this out. In advising the Court to keep Trump on the ballot, political commentators elevate their own fears about others’ resentment above the Constitution. But the very reason we have a Constitution is to handle fear and resentment. To become a public champion of your own own fears and others’ resentments is to support an insurrectionary regime.”

Let them fight.

RIP, Maureen Sweeney, Irish woman whose weather report for the English Channel changed the date of the D-Day invasion.

RIP, David Soul, actor best known for being Hutch on Starsky and Hutch.

RIP, Glynis Johns, Oscar-nominated actor and Disney Legend for her role as Mrs. Banks in Mary Poppins.

RIP, Ruth Ellsworth Carter, chef and musician who co-wrote songs for Stevie Ray Vaughan.

“Authorities are still working to identify more than 80 people wanted for acts of violence at the Capitol and to find out who placed pipe bombs outside the Republican and Democratic national committees’ offices the day before the Capitol attack. And they continue to regularly make new arrests, even as some Jan. 6 defendants are being released from prison after completing their sentences.”

Posted in Blog stuff | Tagged | 3 Comments

SCOTUS to hear Idaho EMTALA appeal

This does sound ominous.

The Supreme Court announced Friday that it would take up a case centered on abortion care in emergency medical situations, leapfrogging the 9th Circuit Court of Appeals, which was scheduled to hear arguments later this month.

The Court will also reimpose Idaho’s abortion ban in emergency room situations, something Republican state legislators had asked the justices to do well over a month ago. It’s an ominous sign for abortion rights supporters, and means that the ban will remain in place until the Court’s final ruling. The case will be argued in the April 2024 session.

The Idaho case, and a mirror one out of Texas, center on whether abortions are part of federally mandated emergency care in hospitals that accept Medicare funding. The Biden Health and Human Services Department had sent out a letter shortly after the Dobbs ruling reminding hospitals that they are required by federal law to perform abortions when they are necessary to stabilize a patient, even in states with bans.

Texas argued that the letter was not simply a reminder of the statute — called the Emergency Medical Treatment and Active Labor Act (EMTALA) — but an unlawful expansion of it. The 5th Circuit Court of Appeals sided with Texas earlier this week, ruling that EMTALA’s “silence” on abortions (though it’s “silent” on nearly all the specifics of what care physicians should provide in these situations) proves that the law does not require physicians to provide abortions — even when the abortions are necessary to the law’s mandate to stabilize the patient.

In Idaho, the Biden administration had sued the state, arguing that its near-exception free abortion ban violated EMTALA’s requirements. The government won at district court, where it got the ban blocked in emergency room situations, and only suffered a brief defeat at the appellate court. There, a 9th Circuit panel composed of three Donald Trump appointees ruled against the government and reimposed the abortion ban. The full 9th Circuit quickly stepped in, agreed to rehear the case, blocked the abortion ban and denied the Republican legislators’ request to lift it again. That’s when the Idaho Republicans went to the Supreme Court.

The Supreme Court likely would have gotten involved in the case eventually, either on appeal from the appellate courts, or to resolve a circuit split, should the 9th Circuit have ultimately ruled differently than the 5th. But the way it did so — skipping over the 9th Circuit and reimposing the Idaho ban for the duration — does not bode well for the Biden administration.

See here and here for some background on the Idaho case, and here for the most recent update on the Texas case. Law Dork goes into the mechanics of this SCOTUS action. This was written the day before SCOTUS took up the Idaho appeal, so adjust verb tenses accordingly.

The Supreme Court has not acted on the request. Meanwhile, briefing continued at the Ninth Circuit, and an 11-judge limited en banc panel of the Ninth Circuit is due to hear arguments in the appeal on Jan. 23.

Then, on Jan. 2, a three-judge panel of the Fifth Circuit — all Republican appointees, including two Trump appointees — ruled in the similar case out of Texas, siding with Texas and against the Biden administration in concluding that EMTALA does not protect abortion care and upholding the injunction against enforcement of the guidance against Texas and two groups of anti-abortion medical providers. The anti-abortion groups are represented by Alliance Defending Freedom — the same far-right Christian legal advocacy organization representing Idaho.

On Jan. 3, Idaho sent the Supreme Court a copy of the Fifth Circuit opinion as supplemental authority, claiming that it “shows that the State of Idaho is likely to prevail on the merits of its appeal.” As such, Idaho Acting Solicitor General Joshua Turner argued, the Fifth Circuit’s decision “underscores the appropriateness of granting” Idaho’s stay request.

Let’s step back here. A conservative state, working in tandem with a far-right legal group, went to federal court in Texas to block narrow federal abortion protections, won at the district court, and won at the most conservative appeals court in the nation. A second state that has lost in court so far, and is also represented by the same far-right legal group, is now using that appeals court decision to tell the Supreme Court that its “interpretation of EMTALA” is “likely to prevail” in court.

Then, Turner goes further, asserting that the Fifth Circuit’s decision provides “additional support” for granting merits review of the Idaho case before the Ninth Circuit even hears the appeal, referred to as certiorari before judgment. The logic here is fuzzy, with Turner asserting that the Fifth Circuit’s merits decision on the guidance and injunction “conflicts directly” with the Ninth Circuit’s decision on whether to grant a stay in the Idaho case while it considers the appeal. (That’s not how it works.)

This is both ordinary and … not.

Filing supplemental authority is ordinary. Using a Fifth Circuit decision to tell the Supreme Court that it “shows” the Supreme Court’s likely outcome is a bit much. Using a Fifth Circuit decision to argue that a shadow docket stay application in another case should be treated as a petition for cert before judgment and that the Supreme Court should just review that case on the merits now is a lot much.

I’m not legally savvy enough to know how concerned to be about this, but anyone with two brain cells to rub together knows what this SCOTUS is about. They now have two major abortion cases on their docket, which if you take them at their word is exactly not what they were wishing for when they wrote the Dobbs opinion. Too bad for them. Whether it’s also too bad for us, we’ll see. As I understand it, the Ninth Circuit has a hearing for their appeal currently scheduled for January 24, but that may get cancelled as a result of this. The AP and the Washington Post have more.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , | Comments Off on SCOTUS to hear Idaho EMTALA appeal

Houston bids for the 2026 World Baseball Classic

Ooh, cool.

Houston is bidding to be a host city for the World Baseball Classic when the international tournament is next played in 2026.

The city hosted WBC representatives for a visit in September and submitted its bid prior to last month’s deadline, said John Coppins, senior director of operations for the Harris County-Houston Sports Authority. Houston has not previously hosted the WBC, which was introduced in 2006 and held for the fifth time in 2023.

Teams from 20 nations competed in the 2023 tournament, the first WBC played since 2017 due to the pandemic. Miami, Phoenix, Tokyo and Taichung, Taiwan, served as host cities for 2023. Whether the next WBC will adopt a similar pattern — two international and two U.S. host cities — has not been announced.

All four cities hosted group stage games in 2023. Miami and Tokyo hosted the quarterfinals and Miami hosted the semifinals and final at LoanDepot Park, home of the Marlins. The tournament is played in March, during Major League Baseball’s spring training.

Houston submitted a bid to host all rounds of the 2026 WBC, for which host cities could be announced before the start of the 2024 MLB season, Coppins said. Minute Maid Park would serve as the venue, as the Astros are also involved in the bid, as expected for any MLB city applying to host the tournament.

The bid is an attempt to land another high-profile international sporting event. Houston is already one of 16 host sites for the 2026 FIFA Men’s World Cup, with games to be played at NRG Stadium.

“The World Cup is obviously the premier event in international soccer; I think it’s safe to say the World Baseball Classic is the premier event in international baseball,” Coppins said.

I’m already excited about the World Cup games we’ll get to have that year. Adding in some WBC games, which would happen a few months earlier, would be even more awesome. I don’t know what our odds are – the story doesn’t indicate who the competition is – but Houston has done pretty well with this sort of thing in the recent past, so I’m hopeful. I’ll definitely be keeping an eye on this.

Posted in Baseball | Tagged , , , , , , , | Comments Off on Houston bids for the 2026 World Baseball Classic

The real way to make a fortune in cryptocurrency

Get paid millions to not use electricity. It’s brilliant.

When the news broke that Bitcoin mining company Riot Platforms made $32 million by reducing — or being willing to reduce if needed — its energy use last August in Texas, the outrage was immediate.

The state’s grid operator had frequently asked Texans to conserve electricity during sweltering summer heat, and many saw their power bills soar as they tried to stay cool. Meanwhile the state grid operator and an electricity provider effectively gave millions to a company whose industry is notorious for using gobs of electricity.

Riot made that giant sum of money because of how the state’s electricity market is designed. Companies that use large amounts of power, such as manufacturers or petrochemical plants, have long profited in similar ways.

There are two ways that large power users can make money on the state’s main power grid, according to industry experts. The Electric Reliability Council of Texas, which operates the grid, pays large industrial users that promise to reduce their power consumption as needed, giving ERCOT some wiggle room in case a power plant unexpectedly fails or power demand is higher than forecast.

A company such as Riot also can profit by buying power at negotiated rates ahead of time — retail power companies allow big companies to lock in prices that way — then selling it back into the state market when energy prices soar during extreme heat or cold. In Riot’s case, when electricity prices soared during the summer heat wave, Riot sold power back to TXU, a Dallas-based electricity provider, which sold it back to the grid.

In a September statement that was later deleted from its website, Riot characterized its actions as helping to stabilize the grid.

Riot’s windfall highlighted for everyday power consumers just how much the Texas market can benefit businesses. Critics saw particular problems with cryptocurrency.

Lee Bratcher, president of the Texas Blockchain Council, a group promoting cryptocurrency growth and innovation in Texas, said in an email that cryptocurrency operations can benefit the grid because they are able to reduce or completely shut down their operations quickly.

“Bitcoin miners can use excess power overnight and on days where demand is normal, and they can turn off on very hot or very cold days when power is scarce and electricity prices are high,” Bratcher said in an email.

But Mandy DeRoche, deputy managing attorney in the clean energy program at Earthjustice, a nonprofit environmental law group, said crypto mining businesses shouldn’t be praised for reducing power on the grid when they are using so much to begin with.

“I think that the rewards for their behavior are so lucrative and unfair,” DeRoche said, adding, “It’s like we’re bending over backwards to give money to the (crypto) miner for putting the strain on the grid and the system in the first place.”

China, which was one of the largest crypto mining hubs in the world, banned crypto mining in 2021, concerned about virtual currencies being used for criminal activity and disrupting financial systems. Cryptocurrency operations began opening in Texas, which as of March was home to five of the 10 largest Bitcoin mines in the U.S., according to an April investigation by The New York Times.

Some industry experts have advocated for Texas residents to be able to reap the same sort of benefits for using less power at critical times. Called “demand response,” it’s a way for power companies to pay or credit customers who agree to reduce their power usage when demand is high, by adjusting their thermostats or timing their energy-intensive activities like charging electric vehicles or running pool pumps at times when power demand is low.

Electricity providers such as Austin Energy and Reliant already have programs that pay customers to let the providers adjust their smart thermostats when necessary but the benefit is small. For residential customers, that typically translates to one-time bill credits that can range from $25 to $85.

Ed Hirs, a University of Houston lecturer and energy market expert, said he’s worried that more Bitcoin mines coming to the state will mean higher electricity prices for Texans.

“Why can’t I get $5 a kilowatt an hour for shutting down my power?” Hirs said. “Why are these guys getting a sweetheart deal?”

The short answer to that question is because you’re not a big campaign donor to Greg Abbott. The slightly longer answer is that this is how the rules are currently set – as noted in this story, the cryptominers are playing by the rules – and those rules only allow for the big boys to get the big bucks. Seriously:

In August 2023, Riot reported selling 300 Bitcoins for a net proceeds of $8.6 million. Meanwhile, the company said it earned $24.2 million in credits to its electric bill for selling power back to the grid.

In September 2023, Riot said it earned $9 million in net proceeds from Bitcoin sales and $11 million in credits for selling power back to the grid.

Who wouldn’t want a piece of that action? That means the rules will need to be changed, and that means…I think you know where I’m going with this. Read the rest, or read this delightful Nick Anderson cartoon that sums it all up. And remember, these are the rules until we change them.

Posted in The great state of Texas | Tagged , , , , , , , , , | 2 Comments

New York sues bus companies hired by Texas to transport migrants

Well, this ought to be interesting.

New York City filed a lawsuit on Thursday against 17 bus and transportation companies that have contracted with Texas to take thousands of migrants to the city as part of Gov. Greg Abbott’s immigration policies.

The city is seeking $708 million in damages from the companies, which is how much the city has spent to shelter migrants, according to the lawsuit, filed in New York State Supreme Court.

“New York City has and will always do our part to manage this humanitarian crisis, but we cannot bear the costs of reckless political ploys from the state of Texas alone,” said Mayor Eric Adams. “Gov. Abbott’s continued use of migrants as political pawns is not only chaotic and inhumane but makes clear he puts politics over people. Today’s lawsuit should serve as a warning to all those who break the law in this way.”

In the lawsuit, the city argues that the companies are violating a state law by transporting migrants to New York with the “evil intention of shifting the costs of the care to New York.

“As testament to the ‘bad faith’ and ‘evil intent’ of the Defendants, they are receiving more for their services than it would cost to buy a one-way ticket from Texas to New York City on a regularly-scheduled bus,” the lawsuit says. “According to public reporting based on data obtained under the Texas Public Information Act, the Defendants receive roughly $1,650 per person on chartered buses compared to $291 for a single one-way ticket.”

Since April 2022, Abbott has directed the Texas Division of Emergency Management to send migrants to Democratic-led cities that the governor has described as sanctuary cities for undocumented immigrants.

As of Dec. 29, Texas has bused more than 82,000 people from Texas border cities to Washington D.C., New York, Chicago, Philadelphia, Denver and Los Angeles, according to the governor’s office. Since August 2022, Texas has bused 33,600 migrants to New York.

[…]

The lawsuit names the following companies as defendants: Buckeye Coach, Carduan Tours, Classic Elegance Coaches, Coastal Crew Change Company, Ejecutivo Enterprises, El Paso United Charters, Garcia and Garcia Enterprises, JY Charter Bus, Lily’s Bus Lines, Mayo Tours, Norteno Express, Roadrunner Charters, Southwest Crew Change Company, Transportes Regiomontanos, VLP Charter, Windstar Lines and Wynne Transportation.

I know less about New York law than I know about Texas law and I don’t know that much about Texas law, but I do know this about New York law, and that’s that the Supreme Court in New York State is the equivalent of a district court in Texas. The top court in New York is called the Appellate Court. Why they do it this way, I don’t know. But they do, and I mention this to avoid any confused comments about where that suit was filed.

On the topic of New York law, the Chron story has a bit more about the law under which New York filed this suit.

The lawsuit, filed in New York Supreme Court, accuses the 17 companies of violating a New York state law that penalizes anyone who “knowingly brings, or causes to be brought, a needy person from out of the state into this state for the purpose of making him a public charge.”

New York officials are seeking $708 million from the companies — the amount they say the city has spent to care for tens of thousands of migrants who have arrived from Texas. Abbott announced last week that the state had bused more than 33,600 migrants to New York City since August 2022.

[…]

The lawsuit was filed by the city’s Department of Social Services commissioner, Molly Wasow Park, as designated by the state’s “penalty for bringing a needy person into the state” law.

New York Gov. Kathy Hochul backed the move, saying in a statement that if the companies “are getting paid to break the law by transporting people in need of public assistance into our state, they should be on the hook for the cost of sheltering those individuals — not just passing that expense along to hard-working New Yorkers.”

Okay then. Sounds a little sketchy to me, but again, I know very little about New York law, and it’s not like Texas is a model of good legislating. I will say I was amused at how much whining Abbott did in response to the filing. Almost as if he doesn’t like it when his team doesn’t get to pick the judge that gets to hear the case. Or maybe he’s upset about using lawsuits to discourage third party behavior, which of course is a thing we would never countenance here. If this makes it a little bit harder for Abbott to charter those buses, I for one will laugh my butt off. We’ll see how this goes. El Paso Matters, which notes that two of those bus companies are based in that city, has more.

Posted in La Migra, Legal matters | 3 Comments

Chris Hollins begins his term as Controller

Lots of potential for action here.

Chris Hollins

Houston Controller Chris Hollins knows that following Tuesday’s inaugural celebration comes the hard work. But the 37-year-old former Harris County Clerk says he is up to the task.

“The people of Houston put (me) here to be their eyes and ears at City Hall … and when necessary to ring that bell, to sound the alarm,” Hollins said.

As Houston’s newest financial watchdog, Hollins has vowed to help tackle a host of financial challenges — including the city’s growing budget deficit. City officials have warned Mayor John Whitmire’s administration could face projected budget shortfalls of $114 million to $264 million during his first term.

In addition to getting a handle on the city’s fraught financial state, Hollins also has specific issues he wants to address through audits and financial reports, including ongoing inefficiencies in the city’s permitting process.

[…]

In Houston’s strong-mayor government, Mayor John Whitmire has chief decision making power in all city matters. He also has unfettered control over most administrative aspects of city government.

But the controller plays an important role, too. Hollins’ job will be to alert the mayor and City Council to city department inefficiencies and problems through audits and reports. This job will be particularly critical in addressing the city’s budgetary issues.

While Whitmire’s team has yet to introduce a detailed plan, the new mayor said Tuesday that Houston’s financial problems can no longer be ignored. Hollins plans to meet with Whitmire this week to determine how they can best work together to accomplish this.

Hollins shares another common goal with Whitmire — a commitment to improving accountability and transparency throughout city government.

“It’s a very important task,” Hollins said. “It’s a responsibility that I’ve internalized, that I’ve taken incredibly seriously. And we’re going to get to work immediately.”

On the campaign trail, Hollins said he wanted to aggressively audit city departments and share best practices with local officials.

The first department on his list of audits is Houston Public Works, which oversees water leak issues, permitting applications and sidewalk repairs, among other matters.

Issues with Public Works have mounted for months as residents continue to receive exorbitant water bills, often the consequence of aging water infrastructure leading to inaccurate readings.

You can still listen to my interview with now-Controller Hollins to hear him talk about these things. It’s fair to say that some Controllers have been more active on the audit front than others – Annise Parker would fall into the “more active” camp – and that some have a more antagonistic relationship with the Mayor than others. Hollins is clearly aiming to be a more activist Controller, which I think is both needed and likely to help him build some political capital. Finding ways to save money and eliminate waste are good policy and good politics. I tend to think that this is a less fruitful tree to harvest than one might think, but there will be opportunities. I figure I’ll be getting some press releases touting various achievements in the next couple of months.

We should also consider the possibility that Hollins will get into more than a few jousting matches with the new Mayor. While at first glance it appears that everyone is on the same page about the city’s finances, some of Mayor Whitmire’s big campaign promises – hiring more cops, settling the longstanding feud over back pay with the firefighters – will come with a price tag. The potential is very much there for the Controller to disagree with the Mayor over the fiscal effect of all this. I’m not saying this will happen, just that it could. We should get a feel for that pretty quickly.

Also, too, let’s not forget that Chris Hollins originally wanted to be Mayor. He made the decision to change races after Sheila Jackson Lee entered the field, but that doesn’t mean he stopped wanting to be Mayor. There’s a non-trivial chance that Hollins may decide that he wants to be Mayor in four years, not eight. Always in motion is the future and all that. Again, I am not saying any of this will happen. I’m just saying that one possible path includes Hollins and Whitmire being more in conflict than harmony. Doing a bunch of productive audits and having one’s own ideas about improving the city’s finances are good ways to be in the public eye. Just something to keep in mind.

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