Why does Mike Miles want classroom doors open?

I don’t know. That seems to be a regular thing.

Only a fence with holes and rotting wood planks stands between the back side of Coop Elementary School and the outside world. Last year, a man tried to scale it during recess, sending the school into lockdown and eliciting a police response.

Dana Castro worries that the shoddy fence, plus a glass door at the entrance to the north Houston school, may not be enough to protect her 9-year-old daughter and other students from future intruders. She wants the children and teachers to have an extra line of defense: a classroom door that remains closed and locked.

But a new mandate from Superintendent Mike Miles requires most educators across the district to teach with their classroom doors open during instruction time when school starts next week, a measure that some parents and teachers say peels back an important layer of safety.

“Let’s stop pretending there’s no danger and let’s start following the practices that have worked, which is a shut and locked door,” said Castro, who works for the Harris County Sheriff’s Office.

Miles has said that the open-door policy creates a professional and collaborative environment that allows administrators to observe teachers and effectively coach them.

“Teachers shouldn’t have anything to hide,” he said. “People should be able to see what’s going on in the classroom all the time.”

Some exceptions will be allowed for classrooms with particularly noisy or unsafe locations or children prone to running away, according to the superintendent.

“We’ll be smart about this,” Miles said during a community meeting over the summer. “If there are doors that are open to the outside or right next to the gymnasium … we’ll make sure those doors remain closed.”

Jackie Anderson, president of the Houston Federation of Teachers, said she does not understand how opening doors promotes professionalism. Administrators can access all rooms with a key for observations, she said, and locking a door for safety reasons “does not mean you’re hiding anything.”

The union is looking into possible legal remedies to push back on the new measure, Anderson said.

“It’s really ridiculous that he is demanding that doors remain open in the culture we have in Texas where any and everybody can buy a gun,” she said. “And with the history we have in Texas … to put our teachers and students in harms way — why is it necessary to keep a door open? Why?”

[…]

The district did not respond to questions, but said officials may provide a comprehensive safety update later in the week.

I’m pretty sure every classroom I was ever in as a kid, all the way through high school, had the door closed. I mean, school hallways can be busy, noisy places, even during class time. And not to be macabre, but closed classroom doors are a security measure against shooters. I was on the PTA board at Travis Elementary in 2012, after the Sandy Hook massacre. We talked about that at length, let me tell you.

Be all that as it may, state law allows school districts to set their own policies about classroom doors, so Miles is within his authority here. What annoys me is that he just hands down these edicts without any discussion or apparent reason behind them. For a supposedly data-driven guy, he sure seems to operate on whim a lot. The lack of any response from HISD when asked about this is increasingly par for the course, too. Why did Miles change recess policies (before changing them back)? Why did he abruptly replace two principals right before school started? What’s up with his unverified and seemingly way off statements about central office staffing? Who knows? It’s what he does. And it’s obnoxious as hell.

Posted in School days | Tagged , , , , , , | 1 Comment

About those HISD central office cuts

More illusion than reality so far, it seems.

A cornerstone of Houston ISD Superintendent Mike Miles’ plans for overhauling the district — rapidly eliminating nearly 700 jobs in its “bloated” central office — appears to be exaggerated by the district’s new, polarizing leader.

A Houston Landing analysis of district payroll data shows HISD hasn’t come close to carrying out the number of job cuts touted by Miles in recent weeks, casting doubt on the accuracy of statements by the state-appointed superintendent at a time when trust in his administration remains tenuous.

The data, obtained through a public records request, show there were just 225 fewer people working in HISD’s nearly 8,000-member central office in early August compared to early March, just before the state announced sweeping sanctions against HISD. That’s roughly one-third of the cuts trumpeted by Miles.

The vast majority of those reductions are concentrated in lower-paying departments. At the same time, Miles has invested more in the highest echelons of HISD’s central administration, with nearly 100 more employees raking in salaries exceeding $150,000.

If Miles doesn’t cut deeper into the district, the findings raise questions about the long-term viability of his expensive plans for overhauling parts of HISD, which he has estimated will cost over $100 million this year alone. Miles is instituting drastic changes at dozens of campuses, including raising teacher pay, offering stipends to employees and adding more staff members to some classrooms.

HISD’s latest financial estimates show a projected deficit of nearly $250 million in a $2.1 billion general fund budget this fiscal year.

[…]

Throughout his nearly three months leading HISD, Miles has railed against the district’s central office, vowing to find cost savings in the vast network of people who do not work on campuses.

In recent weeks, Miles and his administration have said that HISD’s central office has swollen 61 percent in the past six years. (They’ve alternately used the stat in reference to central office available positions and district spending.)

To that end, Miles said in mid-July that his team had “moved pretty quickly to reorder.” He declared that “672 people lost their position during this reorganization” and he planned to close 1,675 vacant positions, showing a chart depicting the changes.

Miles’ statements, however, appear inflated.

The Landing could find no records validating the 61 percent figure after reviewing multiple HISD budgets, district-reported employee counts and state records of district finances. The various data sources suggested a more modest bump in central office employment and spending, ranging from roughly 10 percent to 30 percent.

HISD officials did not respond to a request for evidence supporting their 61 percent calculation.

To evaluate Miles’ job cut claims, the Landing obtained payroll records that detail salary information about every employee in HISD.

The Landing’s March-to-August comparison showed about 225 net job cuts, equal to roughly 3 percent of all central office positions. Virtually all of those losses are in departments like transportation, food services, facilities and maintenance.

Meanwhile, the number of administrators in higher-paying central office departments, such as academics, finance and information technology, is essentially unchanged since March.

HISD officials have not responded to multiple requests in recent weeks for a more detailed breakdown of the purported 672 eliminated positions.

Multiple people are quoted in the story saying some variation of “these things take time”. Which, fine. I believe that. Doesn’t seem to be the case for the things Mike Miles really cares about, but whatever. I’m just going to make three observations. One is to repeat my previously stated concerns about the financial sustainability of Miles’ plan. Making massive cuts at the HISD central office was supposed to be a cornerstone of that. You could argue that Miles still has a lot of room to make those cuts and pay for what he’s doing. I’m concerned that he’s just making HISD’s financial situation more precarious in the meantime.

Second, the disconnect between what Miles says he’s doing and what he’s actually doing ought to be a concern. In re: my first point, we’re assuming Miles will actually make the cuts he’s been talking about, not just talk about them. I stipulate that these things can take time. Why isn’t it Mike Miles saying that himself? Why isn’t his team providing details about these cuts he’s been touting when asked? Neither of these things should be that difficult. Hell, Miles could use the challenge of actually making his promised cuts as part of his hero narrative. Instead, we’re getting puffery and dodging the questions. The longer those unverified claims sit out there without any response or explanation from HISD, the more they look like plain old dishonesty. If that’s what we get for the relatively small stuff, what can we expect for the bigger things?

And third, you know what might help here? An independent Board that had actual oversight power. If nothing else, they might be able to get Mike Miles to answer some of these questions. I’m just saying.

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Houston “wins” 2028 RNC

Yippie.

Houston will host the 2028 Republican National Convention, landing the high-profile event for the first time in more than 30 years.

GOP officials announced the selection Friday during their summer meeting, giving Houston the nod over finalists Nashville and Miami. City officials have estimated the event could bring as many as 50,000 visitors to the city, with millions of dollars in economic activity.

Toyota Center is slated to host the the convention’s general session, and other events will be held at Minute Maid Park and the George R. Brown Convention Center. Houston last hosted a national convention in 1992, when then-President George H.W. Bush was nominated for re-election at the Astrodome.

“As the nation’s most diverse and inclusive city, we believe Houston represents the future of the United States, and our aspirations for the country,” said Michael Heckman, the president and CEO of Houston First Corp., the city’s convention arm. “We’re excited to show off these attributes and our hospitality. We do it every day, and we look forward to doing it again in 2028.”

See here for the previous update. At least, as Houston Landing notes, the city “will not be expected to make a financial investment to host the convention”, and will be eligible to recoup costs for things like emergency services and security through a federal grant. As for me, I’ll be making my vacation plans as soon as possible for that time. Y’all feel free to do the same. The Trib has more.

Posted in Elsewhere in Houston, The making of the President | Tagged , , , , , | 2 Comments

UTMB gets grant for a gun study

I’ll be very interested to see what they learn.

Researchers at the University of Texas Medical Branch in Galveston will be at the forefront of an emerging field of study after receiving a $2 million grant to study ways to reduce firearm violence, according to officials behind the project.

Nationally, the field of firearm statistics has languished since a 1996 provision into a government spending bill that prohibited the U.S. Centers for Disease Control from funding firearm research, according to Andrew Morral, a senior behavioral scientist at the RAND Corp. and the director of the national collaborative on gun violence research.

“It is a case where this is a rapidly-growing field of study,” he said. “There’s started to be some money to do the work, and there’s a lot of interest in solving problems.”

As part of the study, researchers in Galveston will expand prior research that has been ongoing for around 15 years, according to Jeff Temple, founding director of the center for violence prevention at the medical branch. That study surveyed 1,000 people on a wide swath of questions, from mental health and violence to parenting and other issues.

With the additional funding, surveyors will now ask the known firearm owners in the group questions about their choice to own a gun, Temple explained.

“We’ll be able to interview them and ask basic information about how they came to own a firearm,” he said.

The grant lasts for three years and the survey will continue for several years, Temple said.

The study is part of a growing new field, made possible by the federal government’s decision in 2019 to expand funding for firearm research, Morral said. In 1996, the so-called Dickey Amendment meant there was little money available for the endeavor.

The lack of money virtually eliminated costly data collection, Morral explained. Simultaneously, the federal government stopped tracking national gun ownership rates as part of its national survey on risk factors starting around 2004.

The combination of lack of research and available statistics means most researchers are starting from scratch, Morral said.

“Even to this day, research papers are using that 2004 estimate because it’s the best we have,” Morral said.

Crazy, I know. There was some money set aside by Congress in 2019 for firearm violence studies, of which this is part. I don’t expect much action to come of this, as we don’t have the right state government for that, but at least we can learn something. That’s better than what we had before.

Posted in The great state of Texas | Tagged , , , | 1 Comment

Yet another Paxton roundup

The Senate trial starts in 11 days, and there continues to be so much Paxton news.

A crook any way you look

Political pressure is intensifying around Republican state senators who will serve as the jurors in the impeachment trial of suspended Attorney General Ken Paxton.

Paxton’s allies are singling out a half dozen senators for lobbying. A mysterious entity is airing TV ads targeting certain senators. And an influential establishment group, as well as former Gov. Rick Perry, are urging senators to oppose efforts to effectively stop the trial before it starts.

“Anyone that votes against Ken Paxton in this impeachment is risking their entire political career and we will make sure that is the case,” Jonathan Stickland, who runs the pro-Paxton Defend Texas Liberty PAC, said Thursday in a media appearance.

[…]

Paxton’s allies have gotten more aggressive in recent days. On Tuesday, Dallas County GOP activist Lauren Davis went on the show of Steve Bannon, the former Donald Trump strategist, and urged viewers to apply pressure to six GOP senators: Kelly Hancock of North Richland Hills, Bryan Hughes of Mineola, Charles Schwertner of Georgetown, Charles Perry of Lubbock, Drew Springer of Muenster and Mayes Middleton of Galveston. She said Middleton was especially important to lobby given that he was a top donor to Paxton’s primary challengers in 2022.

“We’re gonna make all these six famous in the days ahead,” Bannon said.

Earlier in the week, Davis used her group, Moms Love Freedom, to launch a petition asking the Senate to dismiss the articles of impeachment “with prejudice.”

Davis was the 2022 Republican nominee for Dallas County judge and is currently running for Dallas County GOP chair, challenging an incumbent. She shares a political consultant, Axiom Strategies, with Paxton.

[…]

Then on Thursday, the deep-pocketed GOP group Texans for Lawsuit Reform issued a rare public statement on the impeachment process. The group, which heavily funded one of Paxton’s primary challengers in 2022, reiterated it “had nothing to do with” his impeachment, a day after the Dallas Morning News reported that Paxton’s lawyers planned to call TLR founder Richard Weekley as a witness.

But what came next was more notable. The group, which was sitting on a $33 million warchest as of June 30, made clear it expected senators to oppose the pretrial motions to dismiss — or anything else that could derail a full-blown trial.

“There is an ongoing effort underway to intimidate the Senators into abandoning their constitutional obligations and acquitting Paxton before the trial even begins and the evidence has been presented,” the statement said. “These efforts are disrespectful of the constitutional impeachment process and insulting to the integrity of the Texas Senate.”

“TLR expects the Senate will conduct a fair, open and thorough trial and that each Senator will make her or his decision solely on the evidence presented,” the statement added, putting an emphasis on “solely.”

The statement was only attributed to Texans for Lawsuit Reform and not any specific representative of the group.

By the end of Thursday, Perry was also weighing in with a similar message to that of TLR. In a Wall Street Journal op-ed, Perry condemned fellow Republicans who he said were trying to “delegitimize” the process and called for a “full and fair trial” in the Senate.

“We’ve come this far in the process, and it’s critical that the Senate sees it through to the end,” wrote Perry, who is close with Patrick. “That means a fair trial that allows both sides to lay out all the facts and gives senators the opportunity to vote based on the evidence.”

Such interventions are likely to further inflame tension with Paxton and his allies, who have long theorized the Republican establishment, especially TLR, is willing to do whatever it takes to get him out of office.

Definitely some big “wretched hive of scum and villainy” energy in there. You’ve got to be truly terrible to make me side with Texans for Lawsuit Reform. This right here is the division I was hoping for from this trial. Keep it coming.

Elsewhere, the reams of data dumped by the prosecution last week continues to generate more stories.

Ken Paxton once dragged his feet for a month before paying $12.50 for specialty license plates. But when a legal association put him up in a hotel for a convention, the attorney general readily picked out a $600 sport coat in the gift shop and charged it to the sponsors.

With his own money, the state’s top lawyer is known to be “very stingy” and to constantly vent about how little he makes, according to former close advisors. Paxton is less constrained, they say, when it comes to accepting cash and favors from others.

“He understands the power of the ask because people have a hard time saying no,” Drew Wicker, Paxton’s former executive aide, told investigators for the Texas House. “And that can be for small things, like lunch or providing a furniture move from Dallas to Austin, and it can be for some larger things, apparently.”

As evidence pours in ahead of Paxton’s impeachment trial next month, key witnesses for House prosecutors have painted the now-suspended attorney general as someone who obsesses over money and is susceptible to outsiders who want to influence how he runs his office.

The prosecutors claim Paxton took bribes from a campaign donor in exchange for political favors. It’s the latest in a line of financially related scandals that span years and encompass everything from securities fraud charges to pocketing another lawyer’s $1,000 pen.

[…]

Blake Brickman, a former deputy attorney general and one of the whistleblowers, told House investigators that Paxton regularly griped about finances at the office.

“He would always complain, literally complain about the fact that his staff would make more money than he did,” Brickman said, according to a transcript. Before being suspended due to impeachment, Paxton earned $154,000 a year, whereas many top agency lawyers make over $200,000. “Money was always at the top of the mind for him.”

David Maxwell, the agency’s former director of law enforcement and another whistleblower, offered the examples of the $600 sports coat and the license plates. He said one of the first things Paxton asked him to do was to get him a specialty plate that “says who I am.” Once Maxwell received them, Paxton told him he would bring him a check.

“I did not give him those plates until he handed over $12.50,” Maxwell said. “I kept it for over a month because I knew exactly what he was going to do.”

“When people would travel with him, he would always make them pay,” Maxwell went on. “I’m talking about employees who don’t make any money, you know. He’s always trying to get his hand in somebody’s pocket and make them pay.”

See here and here for previous entries, including an introduction to Drew Wicker. Most of this stuff comes from people who have good reasons to be mad at Ken Paxton, so while all of this should be factual, it’s also told from a particular perspective. It’s also likely to reinforce your opinion of Paxton, if you like me and other decent people think he’s a terrible person, or to confirm your suspicion that people are out to get him if for some reason you don’t.

Also, too:

Another wrinkle was added this week in the impeachment proceedings against Attorney General Ken Paxton. A former Texas Ranger accused two top Paxton aides of hounding female staffers out of the executive tier.

The accuser is David Maxwell, who formerly served as Paxton’s director of law enforcement. He was interviewed by impeachment managers last week. During the interview, he revealed that two top aides, First Assistant Attorney General Brent Webster and Aaron Reitz, who has since become Chief of Staff to Senator Ted Cruz.

According to interview documents, Webster and Reitz were so toxic and sexist to female staffers that they resigned.

“I would tell you that those two individuals, there have been many complaints of sexual harassment by the female employees up on the eighth floor,” said Maxwell. “Most all of them have left. And their complaints were varied. You know, it’s they’re so misogynistic it’s incredible how blatant they are about it and how openly sexual they are in talking around their female employees.”

Nor is sexism the only bigotry Maxwell said was present in the office. Reitze was apparently suspended for two weeks after a homophobic tweet. Reitz was also suspended after calling gymnast Simone Biles a “childish, national embarrassment.”

Maxwell characterizes the attorney general’s office as a boy’s club where loyalty to Paxton was the most important thing.

“I would tell you that that group has basically devastated the agency as far as talent,” he said in the interview. “They have hired only people who will, as I said before, be loyal to Paxton, regardless of the legality of what they were doing. You probably know that Webster had represented himself as an attorney of record for Nate Paul in the Mitte Foundation lawsuit.”

The Roy F. and Joann Cole Mitte Foundation is a charitable group that provides grants and programs in the Austin and Central Texas area related to community improvement in areas like education and disability access. They sued Nate Paul, Paxton’s longtime friend, donor, and important figure in the impeachment charges, over misappropriation of funds after an investment. Days after the case was settled, the FBI raided Paul’s office.

Maxwell does not accuse Paxton himself of sexual harassment in the interview. However, his testimony further paints the attorney general’s office as a place where rules and propriety were not respected. Despite their contact, Reitz and Webster only rose higher in the organization.

I feel like I’ve seen some of this stuff before, but I didn’t find a relevant post in my archives on a cursory search. The chintziness allegations are kind of petty, but this is serious and honestly deserves its own investigation. It’s also completely believable.

We have another week and a half of this to go, and then we get to the actual trial. Have you stocked up on popcorn yet?

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Drought Contingency Plan Stage Two

From the inbox:

The City of Houston will enter Stage Two of the City’s Drought Contingency Plan, effective August 27, 2023. The Drought Contingency Plan calls for Stage Two mandatory water conservation measures when the significant drop in annual rainfall and higher-than-normal daily temperatures lead to continued stress on the water system. Houston Public Works has recommended the implementation of a Stage Two designation of the Drought Contingency Plan for the entire City, including systems that are supplied by groundwater only.

During Stage Two, outdoor water use will be restricted except for the following time periods:

  • Between the hours of 7PM and 5AM with the following schedule:
    • Sundays and Thursdays for single-family residential customers with even-numbered street addresses
    • Saturdays and Wednesdays for single-family residential customers with odd-numbered street addresses
    • Tuesdays and Fridays for all other customers

Any water customer who violates these watering times will be issued a written warning for a first-time violation. Any subsequent violations are subject to a fine up to $2,000 for each occurrence of the offense (Section 54.001 of the Texas Local Government Code).

“Houston Public Works asks the public to please do your part in helping us reduce citywide water use,” said Houston Public Works Director, Carol Haddock. “Our goal is to reduce water usage from all customers by 10%. Our crews are working diligently in conjunction with area contractors to repair water leaks across the city.”

Water customers are also reminded to continue everyday efforts to prevent the loss of water:

  • Check and repair water leaks, including dripping faucets and running toilets
  • Check sprinkler heads to make sure water is not spraying into the street or directly into a storm drain and/or gutters. Typically, more than 5 minutes of sprinkler use creates runoff into the street.
  • Run dishwashers and washing machines only when full
  • Take shorter showers
  • Additional water conservation tips

Find more details about the drought contingency plan here: City of Houston’s Drought Contingency Plan

We will get rained on again, I promise. In the meantime, this isn’t that much to ask to keep things from getting worse. The Chron, the Press, and Houston Landing have more.

Posted in Elsewhere in Houston | Tagged , , , , , , , , , | 2 Comments

Dispatches from Dallas, August 25 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, we have a story from Granbury, southwest of Fort Worth, that ties up a lot of book-banning business locally, in the Metroplex, and statewide. We also have Dallas’ city budget, appraisal district shenanigans, the latest from Joppa, election fraud in Dallas County, cops behaving badly, HS football vs the killer heat, water mains vs the killer heat, USCIS raising visa fees that will kill portions of the touring music business, and the eternal question of tacos in Dallas: good, bad, or indifferent?

This week’s post was brought to you by the music of Orchestral Manoeuvres in the Dark, who have just released a new album, and the music of Japan, who have sadly not released anything lately.

First up, a book-banner scandal in Granbury, southwest of Fort Worth: trustee Karen Lowery, who was elected last year on a book-banning platform, was censured by a vote of 5-2 (the two being herself and her ally Melanie Graft) for sneaking into the Granbury HS library while it was closed during an after-hours event to distribute school supplies. Lowery and another woman were caught in the darkened library using their phones as flashlights by an assistant principal. There was an investigation that led to the banning at a raucous school board meeting this week.

The more I read up on this story, the more interesting it got. Current local coverage is in the Star-Telegram; the DMN; local Fox affiliate; and last week from Hood County News. The Daily Beast is on the story nationally. But there was also some fascinating additional background when I did a little research on Trustee Lowery: this Texas Tribune article from back in December 2022 about a federal investigation into Granbury ISD’s book-banning ways.

Even more interesting is this investigative piece on Medium dating from April 2022 where Chris Tackett lays out a lot of well-documented history from his public records requests about what has been going on in Granbury ISD in the previous few years. He has a follow-up from January of this year about the books that have actually been removed from Granbury ISD’s library. He ties the removals directly to Matt Krause’s 850-book list from back in 2021. Granbury got its marching orders from Krause and have been slogging forward ever since. All Trustee Lowery got wrong was not following the process.

Where Granbury is right now is where the book-banners want to take the rest of us. As our host is wont to say, you know what to do: vote in every election and take your friends and run these people out of office. Nothing will change until we do.

In other news:

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Who might testify at the Paxton impeachment trial?

Maybe these people.

A crook any way you look

The names of witnesses for Ken Paxton’s impeachment trial must be submitted to the Texas Senate by Tuesday, but the public won’t know who they are until they’re called to testify.

Such witness lists are not public, according to trial rules drawn up by the senators. However, former agency staffers, a woman alleged to have had an affair with Paxton and a recently indicted campaign donor are among several likely candidates as all were named in recent legal filings submitted by Paxton’s defense team and the lawyers who will present the case against the attorney general.

The Dallas Morning News has identified 13 people who may testify in Paxton’s upcoming trial that begins Sept. 5. These individuals are named in the articles of impeachment, evidence filed by House impeachment lawyers and other documents as potential key witnesses.

[…]

Travis County prosecutor turned AG staffer Mindy Montford

Mindy Montford is a senior counsel at the state attorney general’s office in the cold case unit.

In 2020, she worked at the Travis County district attorney’s office where she was contacted by Paxton to review complaints from Paul about the raid on his business and home.

Montford attended a meeting between Paul, Paxton and other attorneys in which they spoke about Paul’s allegations that law enforcement violated his rights during the 2019 raid.

In an affidavit she submitted after she left the DA’s office, but before being hired by the Office of the Attorney General, Montford confirmed Paxton’s account that Travis County sought his office’s assistance in investigating Paul’s allegations against the FBI and the Texas Department of Public Safety.

However, Montford also appears to have cooperated with those who are prosecuting Paxton in the Senate trial. A House ethics committee subpoenaed her shortly after Paxton’s impeachment and a recent motion states that she sat for an interview with House managers on June 5.

The other names include the eight people associated with the whistleblower case, four plaintiffs and four others who did not join the lawsuit; Nate Paul’ Brandon Cammack, the inexperienced lawyer Paxton hired as a “special prosecutor” to run interference in the Nate Paul case; the alleged mistress, whose testimony I am absolutely dying to hear; our boy Drew Wicker; and Montford (a onetime Dem candidate for Travis County DA) as indicated. There was a paywalled Statesman article about her involvement the other day, which made me curious. So far, I know the least about what her role was. Regardless, I hope every single person on this list is called to testify. There’s not enough popcorn in the world.

(Also, too, the alleged mistress used to work in Sen. Donna Campbell’s office. But sure, she gets to be a juror.)

Someone who may or may not testify at the trial is Paxton himself.

Suspended Texas Attorney General Ken Paxton is fighting to stay off of the witness stand during his September impeachment trial, but prosecutors oppose the move, hoping to have the option of forcing Paxton to testify under oath.

Paxton’s legal team has asked Lt. Gov. Dan Patrick, who will preside over the trial in the Texas Senate, to forbid the House impeachment team from issuing a subpoena that would compel Paxton’s testimony.

Paxton’s lawyers argue that impeachment is a criminal proceeding, so Paxton is entitled to the same legal protections — namely, not being forced to testify — as any criminal defendant.

“Given that an impeachment trial is legally considered to be a criminal proceeding, there can only be one conclusion: the Attorney General may, but cannot be forced to, testify,” Paxton’s lawyers wrote in a July 7 filing to the court of impeachment.

Heading toward Paxton’s trial, set to begin Sept. 5, House impeachment managers argue that senators drafted and approved trial rules that give them the power to compel Paxton to appear as a witness.

No rule “limits the individuals who may be summoned to testify before the Senate. Specifically, [no rule] excludes Paxton from those persons who must appear and testify if subpoenaed,” they argued in a response filed with the court of impeachment.

While Paxton has a Fifth Amendment right to decline to provide incriminating testimony, he must assert that right specifically from the witness stand, impeachment managers argued.

I’m not interested in relitigating what kind of proceeding this is. Paxton can make whatever decision he thinks is best for him strategically. Given the evidence against him, I doubt it matters. But if he chooses not to testify, assuming he isn’t forced to, then please spare me any blathering about how he was silenced by the House during the process. Just, stop.

One more thing:

The impeachment trial will be held on the floor of the Texas Senate and will be open to the public, aside from final closed-door deliberations among senators when they attempt to reach a verdict.

The Senate has yet to release the full calendar and schedule for the trial.

If you want to attend the trial in person, here’s what you need to know, including how to get a ticket:

A ticket is required in order to receive admission to the Senate Gallery, According to the Senate guidelines, tickets will be distributed on the third floor outside of the Senate Gallery for the morning and afternoon sessions of the impeachment trial and will be available on a first-come, first-served basis.

Ticket distribution will begin at 7:30 a.m. for the morning session, and the doors to the Senate Gallery will open at 8 a.m. each day of the trial.

For the afternoon sessions, ticket distribution is to begin 45 minutes before the Senate Gallery is slated to reopen.

There’s a Ticketmaster joke in there somewhere, but I’m not quite up to it today.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Who might testify at the Paxton impeachment trial?

The school security boondoggle

This is such a mess.

Multiple Houston-area school districts say they can’t staff all of their campuses with armed district police officers as the upcoming school year begins, forcing them to seek alternatives to comply with a new state law addressing school safety.

Texas lawmakers passed House Bill 3, which goes into effect Sept. 1, during the most recent regular legislative session. It mandates that districts must have a district peace officer, school resource officer or commissioned peace officer at every school during school hours and establishes other safety protocols and requirements.

Several local school districts, including Houston Independent School District, already have a police officer stationed at every middle school and high school, and they have additional officers who rotate among several elementary schools. Soon, every district in the state must have one armed officer stationed at every campus, leading to a significant expansion of the police force in some districts.

With about three months’ notice, districts throughout Texas have been desperately competing with each other — along with local city police departments and other law enforcement agencies — to try to hire enough officers to station at every campus amid a nationwide police staffing shortage.

To comply with the law, some school districts are increasing incentives for applicants to join their ranks, including by raising officer base pay and implementing shorter contracts. At least one district says it is recruiting cadets to join the district straight out of the police academy.

HISD state-appointed Superintendent Mike Miles said the district plans to expand its police force by 166 officers, but it’s going to be “very difficult to achieve.” To recruit more officers, the district announced in July that it was increasing the salaries and sign-on bonuses for police officers this year, raising the pay for a 12-month contract from $59,091 to $63,800.

Some district and police officials are simply admitting that no matter what they do, it’s not possible for them to hire enough police officers within the time period. Dan Turner, Alief ISD’s chief of police, said he previously was having problems filling a few vacant police officer positions before HB 3 passed, and now he is trying to hire at least 32 new officers.

“There’s all these school districts in the state of Texas and charter schools and whoever else trying to hire police officers or armed guards at once,” Turner said. “I just don’t see where we’re going to be able to meet that mandate come Sept. 1 because those officers just aren’t out there to hire.”

[…]

State lawmakers passed the legislation partly in response to the shooting at an elementary school in Uvalde last year, where a gunman killed 19 students and two teachers.

In addition to mandating armed officers, HB 3 requires annual intruder detection audits, evidence-based mental health training for certain employees and active-shooter training for their officers at least once every four years.

It also provides $15,000 per campus and an additional $10 per student to fund all the security upgrades. Some school districts say that funding is not enough for all the required expenses and leaves them on their own to resolve funding gaps that are exceeding well over $1 million.

Ginger touched on this in the August 19 Dispatches. So to review, there’s not enough time to hire enough officers, school districts are bidding up the salaries for these officers because they’re competing with one another (and with charter schools) to hire them, the mandate was largely unfunded despite the billions of extra revenue the state has, some districts are desperate enough to hire cadets fresh out of academies, and all of this was the Lege’s response to Uvalde. How is hiring rookie cops going to make kids safer? We all know that Texas law enforcement agencies routinely hire cops that have been fired or made to resign multiple times for being terrible and corrupt, and this is going to be a job fair for those losers. I guarantee you, we will be reading about tragedies and scandals resulting from this for years to come. All because Republicans absolutely refuse to do anything about guns.

Posted in School days, That's our Lege | Tagged , , , , , , , | Comments Off on The school security boondoggle

Recess is good

I’m glad to see this.

Houston ISD Superintendent Mike Miles announced on Tuesday that he is changing the recess schedule at schools under the New Education System to allow for more unstructured play time for kids in response to a push from parents.

All students in pre-K through fifth grade classrooms in the 85 NES and NES-aligned schools will now have a single 30-minute recess period each day, according to the district, an increase compared to a former schedule that included two shorter breaks for the lower grades and no recess in fifth grade.

“Teachers shared that they believe these modifications will limit lost learning time and maximize high-quality instruction, and we’ve heard from many families that they value unstructured free play time for their students,” Miles said in a statement. “We were able to make these changes without sacrificing high-quality instruction time and we believe this will enhance the environment in our schools and support student achievement.”

The change marks a big win for an HISD parent advocacy group called Free Play Houston, whose members have written letters, met with administrators and orchestrated an email campaign in recent weeks in an effort to push for more recess time for NES students, pointing out that shortening recess time may stand in violation of state law and HISD board policies.

“We are overjoyed that a child’s right to play will be respected and valued this school year,” the organization said in a statement on Tuesday, thanking those who emailed HISD leadership about the issue. “Houstonians have long known that all children need an unstructured play time during their school day. Decades of research shows that recess not only promotes social and emotional skills that become fundamental learning tools, but that recess also benefits students by improving their memory, attention, and concentration.”

Before these changes, the latest version of the NES master schedule allowed for one 15-minute recess in the morning and one 15-minute break in the afternoon for kindergarden through fourth grade students, with no additional time built in for getting students to and from the playground, according to Brooke Longoria, co-founder of Free Play Houston and an HISD parent.

Additionally, the former schedule included no recess for fifth grade students, with district administrators saying their physical movement needs would be met through Dyad programming like martial arts, dance and spin bikes, along with PE class.

The modification appears to be the first time the new state-appointed superintendent has responded to community pushback by changing course.

First, kudos to Free Play Houston for being the first group of HISD stakeholders to actually get Mike Miles to listen to them and change his mind about something. How it took this long for that to happen is a separate matter, but for now good for them.

I’m just back from a long road trip as I sit down to write this. I was going to write some gripes about how we got to be in this position in the first place and so on, and then I decided to just take the W and leave it at that. I suspect there will continue to be no shortage of Mike Miles things to complain about, I may as well save my energy for them. Whatever Free Play Houston did to get this win, please share it with everyone else.

Posted in School days | Tagged , , , , , | 1 Comment

Texas blog roundup for the week of August 21

The Texas Progressive Alliance marvels at the ability of the Fifth Circuit to turn grievance into legal theory as it brings you this week’s roundup. The TPA also encourages you to donate to Maui relief if you can.

Continue reading

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SCOTx denies stay request in elections administrator lawsuit

Welp.

The Texas Supreme Court on Tuesday denied Harris County’s request for an emergency order that would have allowed the Harris County Elections Administrator’s Office to run the upcoming November election by temporarily delaying the implementation of a new state law that abolishes the office. The decision puts to rest months of uncertainty over who will oversee an election that’s now just weeks away.

A ruling last week from a Travis County district judge prevented Senate Bill 1750, a measure the Texas Legislature passed in May, from going into effect on Sept. 1. However, an appeal filed by the state hours later stayed that ruling, triggering the county’s request for an emergency order from the Texas Supreme Court to keep the judge’s injunction in place while the appeal is pending.

The Supreme Court has denied that request from the county, clearing the way for SB 1750 to go into effect on Sept. 1 and putting Harris County Clerk Teneshia Hudspeth and the Harris County Tax Assessor-Collector Ann Harris Bennett in charge of the upcoming election.

Harris County Attorney Christian Menefee said in a statement that the Supreme Court had failed Harris County residents.

“I am disappointed that the Texas Supreme Court is quietly allowing the legislature to illegally target Harris County, instead of considering the arguments and timely deciding whether Senate Bill 1750 violates the constitution. We first learned of today’s decision from media, instead of from the court itself,” Menefee said. “From the start, Republican legislators pushed this law abolishing the Harris County Elections Administrator’s Office to undermine local elections and score political points on the backs of the good people who run them. By setting the law to go into effect Sept. 1, and not passing a single law to assist in the transition or provide additional funding, Republican legislators are making the job of running this November’s election much more difficult.”

The Supreme Court set oral argument in the state’s appeal for Nov. 28, three weeks after the election takes place.

The upcoming Commissioners Court meeting Aug. 29 will include a public discussion on how to proceed after the decision, Menefee added.

Legislation abolishing the elections office is just one piece of a “coordinated attack from state leaders,” Precinct 1 Commissioner Rodney Ellis said in a statement.

“Democracy in Harris County and the State of Texas took another blow today with the Texas Supreme Court ruling that allows the Legislature to target Harris County and exercise unprecedented control over our elections,” Ellis said.

See here for the background. Gotta say, this does not bode well for the appeal of the original ruling. It’s my understanding that the county has been preparing for this possibility, and County Clerk Teneshia Hudspeth used to be the elections person before the Administrator’s office was created, so this should transition as smoothly as one could reasonably expect. It’s just that there was no need to force this to happen right before an election. Why take even a small risk of chaos when you don’t have to? It sure would be nice to live in a state that didn’t actively undermine a significant portion of its residents. Houston Landing, the Trib, and the Press have more.

Posted in Legal matters | Tagged , , , , , , , , , , , , , | 5 Comments

Menefee running for re-election

Not a surprise, but still good to see confirmed.

Christian Menefee

Harris County Attorney Christian Menefee said Thursday he will be running for reelection in 2024, citing increased attention to politics with the upcoming municipal elections and the primary election filing period beginning Nov. 11 as the reason for his commitment now.

“I want to make sure once they’re tuned in, they know I plan to keep serving,” Menefee said.

A Harris County GOP spokesperson said at this time they are not aware of any Republicans announcing an intention to file for the County Attorney race and that there is time before filing begins.

Menefee said some of his second-term goals would be “to continue to protect the county against these attacks from state officials” and to focus on consumer protection. He highlighted his office’s role in litigation such as the $20 million settlement from e-cigarette manufacturer JUUL Labs after arguing the company deceptively marketed its products to children, as well as the county receiving $18 million from Volkswagen after the company used software that circumvented emissions monitoring.

Honestly, just keep on keeping on. Menefee has been a real bright spot, fighting the fights that have needed to be fought, and doing so with a good record so far (there are still a lot of appeals pending, and you never know how those will go). I thought Vince Ryan was a fine County Attorney, and Menefee has more than met that standard. If he wants to run for Attorney General some day, I’ll be all over that.

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Fair For Houston approved for the ballot

And the questions about what it can accomplish if it passes have begun.

Houston voters will decide whether the city should be part of a regional government board that does not give it proportional voting power, after City Council placed the question on the November ballot.

The referendum, now one of two before voters this fall, targets the Houston-Galveston Area Council, a 37-member body that distributes federal and state funding. Houston has just two votes on the council, despite making up over 30 percent of its population base.

The charter amendment, if passed, would require the city to pull out of groups that do not apportion votes according to population. Mayor Sylvester Turner, though, suggested Monday that pulling out of H-GAC would require other steps.

“Let’s say if the item’s on the ballot and it passes, you can’t just step away from H-GAC,” Turner said. “It does require the governor’s support and a majority of the board in order to do that, so there’s some other things that have to take place, but it does express the sentiment, or a vote for it expresses the sentiment of how they feel about the governance.”

Alexandra Smither, communications director of Fair For Houston, the group that collected signatures for the proposal, said afterward the governor’s support is not necessary to withdraw. Smither said the amendment, if passed, would trigger 60 days of negotiation to meet the proportionality requirement.

“The most likely outcome of the charter amendment is robust and fruitful negotiations, resulting in representation that is proportional to population size for Houston residents and other H-GAC members,” the group said in a news release.

It cited H-GAC’s bylaws, which say membership is voluntary.

“A member of the Houston-Galveston Area Council may withdraw from membership by action of its governing body,” it reads.

See here and here for the previous entries. The question is not whether Houston can withdraw from H-GAC – I think it’s clear that it can. The question is what happens with federal funds and grants and whatnot that Houston would be eligible for if Houston is not a member of an entity like H-GAC. Can it be its own metropolitan planning organization? What bureaucratic and/or legislative hoops would it have to jump through? After all this time, I still don’t feel like I know the answer to that. If Houston can just be its own MPO, then full steam ahead. If not, or if this would require approval from the Lege or Greg Abbott or Congress, then I just don’t see how we get there. And if we can’t get there, we don’t really have any leverage. I plan to ask these questions when I interview someone with Fair For Houston. I will not be at all upset if a professional reporter tries to answer them on their own before I get to it.

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Who will advise Dan Patrick on impeachment?

He’s looking for help after the guy he picked initially backed out.

A former state appeals court judge on Saturday turned down an appointment to serve as an adviser to Lt. Gov. Dan Patrick during the upcoming impeachment trial of indicted Attorney General Ken Paxton.

Just a day earlier, Patrick had named Marc Brown, a former Republican justice on the 14th Court of Appeals from Harris County, to be his counsel during the trial scheduled to begin Sept. 5.

Brown’s announcement that he would not participate came suddenly after The Texas Tribune reached out about a campaign donation he made in 2021 to a Paxton political opponent.

In a letter Saturday to Patrick declining the appointment, Brown cited the $250 contribution that he and his wife made in 2021 to the campaign of Eva Guzman, a former state Supreme Court justice who tried to unseat Paxton in the Republican primary. Brown said he had not actively campaigned for any candidate since becoming a district judge in 2010.

“I did not recall that during our meetings with your staff,” Brown wrote about the contribution. “I have full confidence in my ability to fairly offer legal advice in this matter. However, the proceedings commencing on Sept. 5, 2023 are far too important to the State of Texas for there to be any distractions involving allegations of favoritism or personal bias on my part.”

Patrick said Friday he had picked Brown “after several months of searching.”

Trial rules grant Patrick — who as the leader of the Senate serves as the impeachment trial’s presiding officer — the option of selecting his own legal counsel.

“I was looking for a candidate with real-life courtroom experience as a lawyer and a judge who would serve as counsel and work side-by-side with me through this process,” Patrick said in a statement. “Justice Brown meets these criteria with his years of front-line experience as a courtroom lawyer and trial court judge and also brings a well-rounded perspective from his experience as a former appellate justice.”

Turns out Justice Brown, who lost his seat on the 14th Court of Appeals in the 2018 Democratic sweep, has a commendable amount of personal ethics, too. You know, the whole “appearance of impropriety” thing. That’s an example that maybe Patrick himself ought to consider following. But if that’s not possible, I do have a suggestion for how he could find an advisor who has no history of giving to either Ken Paxton or one of his opponents: Pick a Democratic judge. I’ll give you a break on my own hourly rate for that advice, Danno. Do with it what you will.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , | 4 Comments

Buzbee to run for District G

When will he have the time for this?

Tony Buzbee, the high-profile lead lawyer defending impeached Attorney General Ken Paxton, filed to run for Houston City Council on Monday.

With hours until the filing deadline, Buzbee livestreamed himself filing to run for District G, currently held by Mary Nan Huffman. The office is nonpartisan, though the district is conservative and covers the affluent neighborhoods of West Houston.

“I’m not sure who all the opponents are, but we’re gonna work very hard to do the very best we can,” Buzbee said on the stream.

Huffman has already filed to run for reelection. She responded to Buzbee’s filing in a statement that called it “just another cheap publicity stunt by Tony Buzbee.”

“He doesn’t care about representing the taxpayers of District G for the next four years,” Huffman said. “He doesn’t even care about representing Ken Paxton in his impeachment trial in September. He only cares about himself and his press clippings.”

[…]

Buzbee told The Texas Tribune he spoke with Paxton before filing for the office and said he does not see his new campaign “having any impact on the trial.” He suggested he is well-acquainted with juggling big responsibilities.

“In my life, no matter what’s happening, there’s always another big case,” Buzbee said.

Did you also check with the 125 clients you’re representing in litigation over the AstroWorld debacle? I’m guessing not. Whatever. Attention hounds gotta get attention.

Other than that, there don’t appear to have been any other filing deadline surprises. I’ll need to check again in a day or so to see if I missed anything. The Chron has a full list of candidates who filed, including twenty – twenty! – people who think they’re running for Mayor. (There could have been 21.) No, I will not be interviewing them all.

Posted in Election 2023 | Tagged , , , , , , , , , , , | 2 Comments

Time for another Cruise update

Driverless taxi service Cruise got the full go-ahead in San Francisco.

In a win for the autonomous vehicle industry, California regulators have given the green light to Cruise and Waymo to offer commercial robotaxi services across San Francisco 24 hours a day, seven days a week.

The commission voted 3-1 in support of the expansions; Commissioner Genevieve Shiroma cast the sole “no” vote.

The California Public Utilities Commission’s (CPUC) votes in favor of the AV companies come in spite of mounting opposition from residents and city agencies that have urged caution and a more incremental approach to expansion. Since AVs hit the streets of San Francisco, there have been numerous instances of vehicles malfunctioning and stopping in the middle of the street — referred to as “bricking” — blocking the flow of traffic, public transit and emergency responders.

Cruise and Waymo both offer limited paid services in San Francisco — Cruise charges for driverless rides at night, and Waymo charges for its robotaxi service throughout the city at any time of day, but with a human safety operator present. The permit extension allows the companies to expand their services significantly and with no limit on the number of robotaxis they can put on the roads.

While Cruise and Waymo have both said they would expand incrementally, and not all at once, scale is vital for the companies’ success. Developing, testing and deploying AV tech has cost Cruise and Waymo millions of dollars. Waymo has had to pull back on operations this year after Alphabet issued a slew of layoffs in the first quarter. In July, the company shut down its self-driving trucks program to shift all its available resources to ride-hailing. If either Waymo of Cruise are to get a return on their investments, they need to grow exponentially in San Francisco and beyond.

The CPUC ended up voting to grant the permit expansions because it did not anticipate the robotaxi services to result in significant safety risks. The agency’s primary role is to promote the public interest by ensuring safe, reliable and affordable utility services. As long as Cruise and Waymo’s services meet those requirements, the CPUC doesn’t have the authority to limit them.

Hold that thought on expansion for a minute. This isn’t quite the end of the line for Cruise and Waymo, as San Francisco’s City Attorney has filed motions with the CPUC to pause the firms’ plans to charge for robotaxi rides in the city at all hours, which is to say to limit their hours of operation for now. A day later, the robotaxi companies were ordered to scale back their fleets by half following a crash with a fire truck. I don’t know how long that will last, I’m sure this will be moving ever forward, but there are still some bumps in the road.

For a more comprehensive look at what’s happening, Vox interviewed a local reporter who’s been on this beat and is a regular rider of these vehicles as part of it. She had some observations about other issues:

Well, have there been any problems yet with these robocars?

That’s an understatement, honestly. It’s pretty crazy. These cars will just get caught. Let’s say there are 10 fire trucks coming down to stop a blaze in San Francisco. The Cruise cars don’t know what to do. They’ll just brick up on the street and not move. The issue with that is that they’ll be blocking traffic. They’ll be blocking the emergency vehicles.

So they crumble under pressure.

They definitely crumble under pressure. And they were put to the test this Friday. San Francisco has this pretty famous music festival called Outside Lands. Tens of thousands of people attend. It’s a really big event for the city. And Cruise and Waymo were still operating around the park where the festival was held.

This was day one of the new world that we were living in in San Francisco.

Day one of the new world. And they had a meltdown. As many as a dozen stalled Cruise cars blocked the streets in a neighborhood in the north part of the city. The company said that it was because all of the people at Outside Lands disrupted the cellphone signal or the signal that the Cruise cars use to operate.

The robots blamed the people.

Yeah, the robots blamed the people. A lot of people said that the robotaxis just couldn’t handle the floods of people walking on the street. They’ll just stop. And it’s kind of funny to see because the cars kind of look clueless. And there’s no driver in them either. So you really can’t yell at them to move or honk at them either. I think something that people don’t talk enough about too, with Cruise, is that they’re such cute little cars, that it really, truly is comical when they mess up.

This reporter is the same one who wrote about people having sex in Cruise robotaxis, because why not? There’s no one else in the vehicle to stop them. I will note that way back in 2018 I blogged about the issue of who is responsible for cleaning self-driving vehicles. It’s still not clear that there’s an answer to that question. Ride with caution, and maybe some Lysol, if you must.

Why do I keep writing about this stuff? Well, it fascinates me, and it’s coming our way. Cruise is operating in Austin, and Waymo is right behind it. Dallas is also in their sights. I have other questions about what all this means – like, for example, where are all the robotaxis kept at night when they’re not in use? – and I’m sure I’ll have more.

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Who votes in Houston elections?

The short answer is old people.

When Houston residents head to the ballot box this November to elect a new mayor and city government, fewer people may actually show up than in Seattle, a city with a third of our population.

About 1 in 5 registered voters in Houston typically participate in municipal elections, and even that figure omits residents who are eligible to vote but are not registered. Seattle, a city of 750,000 people, saw 265,000 people turn out in its November 2021 mayoral election; Houston’s 2019 contest garnered 241,000. In some council districts — where members represent 210,000 constituents — as few as 6,000 people voted.

As a result, the voting base collectively looks far different from Houston’s broader population, skewing dramatically older, whiter and more conservative. Two demographic disparities stand out: The median municipal voter in Houston is over 60 years old, meaning half the electorate was born before Congress passed the Voting Rights Act in 1965. And in a city where 47 percent of residents are Latino, only roughly 18 percent of the city’s voting base will share that background.

The share of city voters 65 and older (38%) is nearly triple the group’s share of Houston’s voting age population (14%), per census figures.

“From my perspective, (municipal turnout) is really a national scandal,” said Phil Keisling, a former Oregon secretary of state who studied municipal voting in United States’ 30 largest cities in 2016. “The fact that nobody was tracking this when we did the study was telling. The fact that nobody tracks it now on any systematic basis, I think, is remarkably sad.”

Keisling’s study found Houston ranked 18th out of the top 30 cities in municipal turnout at the time, though it fared better than Austin, San Antonio and Dallas. Houston fared worse in its age gap — its average voter was 19.6 years older than the average voting-age citizen, fourth worst among those 30 cities.

I’m a bit pressed for time, so I’m going to bullet-point this.

– I did a similar study after the 2013 election, a whole series of posts about who votes in the city elections, and I did include a look at the age ranges of city voters. I’m having some technical issues with the site right now that are hampering my ability to search so I don’t have those links at hand, but the short answer is that I found the same basic result. City elections are dominated by older voters, with youth share a much smaller percentage than it would be even in a non-Presidential even-year race. I have no doubt that is still the case.

– Greg Wythe said a long time ago that the way to change who votes in Houston elections, which would also change who gets elected to City Council, is to move these elections to even-numbered years. We could do them exclusively in Presidential years now if we wanted. This is discussed later in the story. While that would easily push turnout to well over 50%, probably over 60%, it is fair to say that the city races would get drowned out in that context. I’m not saying that’s a reason not to do it, just that it would be an effect of doing it, and we should be clear on that.

– Dallas and San Antonio do their city elections in May of odd-numbered years, which is why their turnout is even worse than ours. Austin used to do it that way, but their elections are now done in Novembers of even years. They have a lot more turnout now, not surprisingly.

– The comparison to Seattle may be shocking, but the conditions in Seattle are quite different, which makes this comparison specious at best.

Washington votes by mail every election.

If you are registered to vote in Washington, there is no need to request a ballot. Your ballot will be automatically mailed to the address where you’re registered to vote.

I guarantee it would increase turnout in Houston if we could do this. That is not up to us. This was also discussed later in the story.

– I have spoken to many (mostly younger) candidates over the years that have said they intend to increase youth turnout. Most if not all of those candidates didn’t have a lot of money available to them to make good on those plans. Changing the turnout equation is hard. As noted above, the biggest levers we could wield are not in the control of the candidates; the city could choose to move its elections to even years, but I have yet to see a candidate advocate that as part of their platform.

– As I have said before, we have a lot more registered voters now than we did in 2015, when we switched from elections every two years to elections every four years. In between then and now, we have had the highest turnout even-year elections in Harris County history. I believe that at least some of this will spill over into this year’s race. I expect we will get a boost in absolute numbers just from the larger voter pool, and maybe we’ll get a bit more from the recent spate of higher-turnout voting. I’m more confident about the first part of that.

I promise to try to return to this topic, maybe do another study if I can find the time, after this election. In the meantime, let me know what you think.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , , | 1 Comment

Lawsuit filed over anti-porn law

Here’s another one I missed. My God what a wretched session this was.

A consortium of adult entertainment advocacy groups, including the online giant Pornhub, is suing the state of Texas ahead of its pending enforcement of a new law requiring adult sites to verify the ages of users and display a health warning to those accessing their content.

In legal papers filed in the Western District of Texas federal court on August 4, Pornhub, Free Speech Coalition and others argue that Texas’ HB 1181 violates their users’ constitutional rights by imposing flimsy, overly broad and easily circumvented security requirements on sites in the name of “allegedly protecting minors.” Signed into law by Texas Governor Greg Abbott this past June, HB 1181 goes into effect on September 1 and requires users to verify their age using “government-issued identification” or “a commercially reasonable method that relies on public or private transactional data to verify the age of an individual.”

The law also requires sites to display a lengthy health warning that describes pornography as “potentially biologically addictive” and “proven to harm human brain development”—both of which are claims the lawsuit calls “controversial” and “factually false.”

“[HB 1181] joins a long tradition of unconstitutional—and ultimately failed—governmental attempts to regulate and censor free speech on the internet,” the complaint states.

The plaintiffs describe Texas’ age verification requirement as “the least effective and yet also the most restrictive means of accomplishing Texas’ stated purpose of allegedly protecting minors.” Court documents also note that individuals under 18 can use virtual private networks (VPNs) and proxy servers such as the “Tor” browser as easy workarounds to digital age verification. The complaint goes on to call Texas’ law “incurably vague,” and says such measures are likely to have a chilling effect on adult users afraid of having their personal information stolen or made public. It ends by asking the court to declare the contents of the law unconstitutional and prohibit Texas’ attorney general from enforcing it.

KXAN adds some details.

The law does not apply to social media websites or search engines.

The websites will be required to ask their users to transmit one of the following:

  • digital identification;
  • government-issued identification; or,
  • public or private transactional data (mortgage, pay stub, etc.).

“Despite impinging on the rights of adults to access protected speech, [the law] fails strict scrutiny by employing the least effective and yet also the most restrictive means of accomplishing Texas’s stated purpose of allegedly protecting minors,” the lawsuit states.

The FSC’s attorneys also list out several means by which a minor could bypass the requirement. They also claim that content filtering on devices by parents and guardians of minors is more effective solution.

“But such far more effective and far less restrictive means don’t really matter to Texas, whose true aim is not to protect minors but to squelch constitutionally protected free speech that the State disfavors,” the lawsuit states.

The law also requires adult websites to display three warning notices to users that FSC claims to be “lengthy, controversial, and factually false.”

All of the notices start with “TEXAS HEALTH AND HUMAN SERVICES WARNING.” However, the lawsuit claims that the Texas Department of Health and Human Services never approved such notices.

Those warnings claim the following:

  • “Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.”
  • “Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses.”
  • Pornography increases the demand for prostitution, child exploitation, and child pornography.

“The Act’s “health warning” requirement is a classic example of the State mandating an orthodox viewpoint on a controversial issue,” the lawsuit states. “Texas could easily spread its ideological, anti-pornography message through public service announcements and the like without foisting its viewpoint upon others through mandated statements that are a mix of falsehoods, discredited pseudo-science, and baseless accusations.”

In addition to the notices, the law also requires adult websites to display the phone number for the U.S. Substance Abuse and Mental Health Services Administration, 1-800-662-HELP (4357).

So, two things. I fully agree with the plaintiffs that the messages that adult websites would be forced to display are at best misleading and more likely just moral panic propaganda. On free speech grounds, that should be blocked by the courts. The problem is that states have passed laws requiring doctors and clinics to provide at best misleading and often outright false medical information about abortion to patients who are seeking abortions, and the courts have generally allowed this. As such, I can’t say I’m optimistic for a good outcome here. Being right isn’t always the right answer.

The other thing is that this sounds like a data privacy debacle in the making. What do you think is going to happen when a bunch of websites are suddenly in the business of processing and maintaining passport and drivers license images and data? It’s true that these websites already handle credit card transactions, but that’s much more mature technology, and there’s plenty of banking and financial regulations in place to assist people who get that information stolen. Plus, you know, you can replace a credit card a lot more easily than a drivers license or passport, and a credit card isn’t intrinsic to your identity. This is a bad idea on multiple levels, and yet I fear it will be allowed to go forward. Time to invest in a VPN, y’all. Vice, TPR, and the Current have more.

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

What if Houston gets too hot?

Some cheery thoughts from the Wall Street Journal.

Houstonians pride themselves on how they tolerate heat. This summer, the heat has become intolerable.

Businesses and residents in America’s fourth-largest city have moved much of life indoors, changing work and spending habits. Some residents say they are reminded of quarantining during the pandemic’s early days: ordering in groceries, avoiding social commitments and looking for ways to stay entertained from the couch.

The result is a dent to the local economy that could become an annual pattern if summers stay hotter for longer.

“This year is different, people are staying home,” said Barbara Stewart, a professor of human development and consumer sciences at the University of Houston.

[…]

Employees at small- and medium-size businesses in the tourism, arts and entertainment and sports and recreation industries in Texas averaged 19.6 hours on the job a week between mid-June and mid-July, a 20% decline from the average during comparable weeks from 2019 to 2022, according to an analysis from Luke Pardue, an economist at payroll platform Gusto.

If the weather pattern so far this summer continues through August, Texas’ gross state product this year will be reduced by roughly $9.5 billion, making a small dent in the state’s growth rate, according to Ray Perryman, an economist and president at the economic research and analysis firm the Perryman Group. That estimate assumes average temperatures in the state this summer will be roughly 2.6 degrees above the long-term average since 1900, Perryman said.

Samuel Westry, a real-estate agent in the greater Houston area, said some of his clients have been reluctant to attend property showings in person. Technology, such as virtual visits, have helped business continue, but it is harder to get people to buy without a face-to-face visit, he said.

The weather has also made it tough to look presentable.

“God forbid the air conditioner is out at a house that I’m showing or the electricity is off,” he joked, adding that he has been keeping an emergency towel and deodorant in the car.

That there are economic effects of climate change is not a surprise, but for Houston there are psychological effects as well. Matt Lanza sums it up:

Houston’s biggest advantages, what have helped it grow as much as it has in the past 50 years, have been better weather than the frozen North and cheaper housing. Neither of those are necessarily true any more – certainly, there’s much more room for debate – and now we’re in a forced-birth anti-LGBT book-banning state whose ruling party actively hates big cities and is working to destroy us. I know what the best answer for some of this is, but there’s no guarantee we’ll get there any time soon. You can see what the problem is.

Posted in Elsewhere in Houston | Tagged , , , , , | 6 Comments

Weekend link dump for August 20

Find someone who loves you as much as a bunch of right-wing billionaires “love” Clarence Thomas. Love giving him lavish gifts, anyway.

““Overconfidence,” the committee concluded, had “dulled faculties usually so alert.””

“Twitter Is Auctioning Off Old Items with Former Logos — and Even Selling Desk Chairs — Amid X Rebrand”.

Ten things to do before you resign your job.

If you still don’t understand what the WGA strike is about, read this and then we can talk.

“I’m going to say something that might make me a bit unpopular. From where I sit, Attorney General Merrick Garland has taken a logical and reasonable legal path all along.”

Jodie Sweetin is a mensch.

“So, with all that in mind, let’s consider Turn-On, one of the great examples of a noble failure in television’s long history. Even if you don’t like it, you have to appreciate what it represents.”

Disbar him.

“A powerful lobbyist convinced a federal agency that doctors can be forced to pay fees on money that health insurers owe them. Big companies rake in profits while doctors are saddled with yet another cost in a burdensome health care system.”

“I think we can all agree Elon isn’t serious and it’s time to move on.”

“Retired NFL star Michael Oher, whose supposed adoption out of grinding poverty by a wealthy, white family was immortalized in the 2009 movie “The Blind Side,” petitioned a Tennessee court Monday with allegations that a central element of the story was a lie concocted by the family to enrich itself at his expense.”

“A healthy climate is included in your constitutional rights, at least if you live in Montana. On Monday, District Court Judge Kathy Seeley sided with the 16 young plaintiffs who sued Montana three years ago, arguing that its pro–fossil fuels legislation violated their right to a safe environment.”

Lock them up. Lock them all up.

“After hottest summer on record, heat-related illnesses are now being tracked nationwide”.

Lock him up, too.

“More than any other lawyer in America, Giuliani should have known that getting mixed up with Donald Trump—especially in Trump’s plot to overturn the 2020 presidential election—would likely land him in his present state: an indicted felon who, at age 79, may spend the rest of his days in a federal courthouse, then prison.”

“Despite smashing box office records and becoming a cultural phenomenon, “Barbie” is banned in a growing number of countries around the world.” (The story lists four, so maybe that sentence is overstating things a bit. I suspect that list may yet grow, however.)

RIP, Jerry Moss, Grammy winner and Rock and Roll Hall of Famer who co-founded A&M Records with Herb Alpert.

“After the devastating fires that destroyed the town of Lahaina and killed over 100 people, wealthy tourists staying in undamaged areas of Maui are continuing to demand activities while recovery efforts are underway.”

RIP, Lolita, oldest orca still held in captivity.

Posted in Blog stuff | Tagged | 1 Comment

Part of the omnibus voter suppression law struck down

Some good news.

A federal judge in San Antonio ruled this week that it is illegal for Texas elections officials to reject mail-in ballots and the applications for them over ID mistakes on elections paperwork.

The requirement was part of a sweeping voting bill that state lawmakers passed in 2021, mandating that voters provide either a driver’s license number or the last four digits of their Social Security number when submitting mail-in ballot documentation. The number they include has to match the one on their voter registration record.

Elections officials have since rejected nearly 40,000 submissions over errors related to that requirement, according to the ACLU of Texas. The number written by voters often didn’t match county files, or they forgot to include a number entirely.

U.S. District Judge Xavier Rodriguez said Thursday that the provision violates the Civil Rights Act by rejecting absentee applications and ballots based on errors that “are not material in determining whether voters are qualified under Texas law to vote or to cast a mail ballot.”

The court still needs to issue a final opinion and order in the coming weeks further expanding on the decision and telling the state how to comply. Spokespeople for the offices of the Texas Secretary of State and attorney general did not respond to requests for comment.

The ACLU of Texas, one of several civil rights groups that challenged the law in court, called the ruling a “win” for Texas voters.

“The court’s ruling sends the clear message that democracy only works when it includes all of us,” the group tweeted. “No exceptions.”

ACLU Attorney Savannah Kumar said the ruling will alleviate a burden for Texans who rely on mail-in ballots to exercise their right to vote, especially elderly people and those with disabilities.

See here and here for some background. A copy of the judge’s order is here, and more information on the case is here. Note that this was a motion for summary judgment by the plaintiffs, which was granted in part and denied in part; there will be a hearing for the parts that were denied, with the judge in the order asking for a “pared-down” witness list from the plaintiffs. I don’t know nearly enough to say how this all worked, and I assume there will be appeals. I do know that a full order is forthcoming, and that the trial for the rest of the case is set for September 11.

I know this case is the combination of multiple lawsuits. I don’t know if the suit filed by the Justice Department remains separate from this one or if it too was consolidated. Nobody ever thinks of the poor non-lawyer blogger trying to follow all this stuff. I’ll try my best to keep up with this anyway. I haven’t even mentioned all of the mail ballots that were disqualified in the 2022 cycle, mostly in the primaries when everyone first encountered this new law, but I trust you all remember that. I know I remember how many times I explained to my off-at-college daughter, who was voting for the first time, what she needed to do to make sure her vote counted. (Which in the end it did, assuming that the sore losers from that election don’t succeed in throwing it out.) One little-remarked aspect of all that was that there were plenty of Republican voters whose absentee ballots got junked as a result of this; by the end, I’d say Dems were better at educating their voters about what they needed, but I doubt it was much more than a wash for both sides. I also doubt that the Republican authors of the law cared.

I don’t have the energy to write about it now, but at the same time as this ruling came down, a federal judge in Georgia struck down parts of that state’s voter suppression law, too – you remember, the one that criminalized giving water to people in line to vote? Yeah, that. It’s bullshit that anyone has to deal with this stuff, but so far at least the courts have done the right thing. The ACLU of Texas, the Austin Chronicle, and Democracy Docket have more.

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More cities’ responses to the Death Star law

Some good reporting from El Paso Matters.

That’s no moon…

In 2015, El Paso became the second city in the country to safeguard its workers by passing a historic wage theft ordinance. Now, as a sweeping new state law aimed at handicapping Texas’ more liberal city governments is set to take effect Sept. 1, that protection is facing an existential threat.

[…]

In July, the cities of Houston and San Antonio filed a joint lawsuit against the state of Texas, claiming that the law violates the state constitution and infringes on the rights of home-rule cities to pass their own ordinances. And now 32 local elected officials across Texas, including in El Paso, have signed onto an amicus brief in support of the cities, filed by Local Progress and the Public Rights Project.

While these local leaders say they can’t yet know the full impact of the law on their municipalities, they believe the law will undermine their ability to meet their constituents’ needs, voiding a slew of local ordinances and leaving governments vulnerable to litigation.

Laura Cruz Acosta, spokeswoman for the City of El Paso, said the law’s vagueness makes it hard for officials to know precisely which ordinances will be impacted until a court determines that a local policy is in conflict with a state counterpart.

“This creates a situation where local laws can be preempted when there is no state regulatory counterpart and ultimately seeks the repeal of the constitutional home rule provided to cities,” she said. “It also delegates the courts to identify which of El Paso’s laws (if any) are preempted, which can be a costly and time-consuming process.”

In El Paso, the city’s non-discrimination ordinance — which prevents discrimination based on race, sexual orientation, reproductive health actions, hairstyle, or texture regarding employment, housing, and public accommodation — and wage theft prevention ordinance face a likely invalidation. A minor-focused curfew ordinance, established in 1996 and amended in 2006, could also face the chopping block.

So, too, could policies dealing with the agriculture code, drought conditions, overgrown lots when dealing with insects and bees, predatory lending of businesses out in the county, injuries at special events, the insurance code and the occupations code, safety at outdoor festivals and sporting events, natural resources dealing with uncontrolled burns, trash and tire dumping, heavy trucks oil, gas, and propane lines, said El Paso County Commissioner David Stout.

Stout was among four El Paso-based local officials who signed onto the recent amicus brief in favor of Houston and San Antonio’s lawsuits. He’s also gone to state legislature committee meetings to advocate against the bill. He believes HB2127 will tie the hands of local elected officials, stripping them of the ability to produce innovative and nuanced responses to their constituents’ distinctive needs.

“We’re elected to try to protect our people from things like natural disasters, to other types of crises, to support our workforce, to provide safe housing, to make sure that we have clean, potable drinking water, and so many other things,” he said. “The solutions to all those types of issues look differently from city to city and from county to county.”

The law can preempt not only policies put in place by elected officials but also those approved by voters. For Stout, the law is an “aggressive” act of voter suppression, a move he believes is aimed at nullifying the voices of progressive voters yet may end up hurting conservative municipalities and voters.

“The implications of HB2127 are really far-reaching… destroying the idea of home rule, destroying the idea of local control and really, democracy,” Stout said. “It’s the very definition of state interference. Why should a group of legislators who have rarely or never been to El Paso tell my community what’s best for us?”

The legislation would also remove governmental immunity, leaving counties and cities open to civil litigation by any member of the public that believes their ordinances contradict state policies.

“It’s going to be expensive for local governments to defend and handle and many instances where the express county authority to regulate is unclear,” Stout said. “The bill might possibly chill the county’s will to enact a rule of order for fear of liability to the county or the county official.”

[…]

About an hour’s drive from Austin is the small, red-leaning city of Belton, Texas, home to about 25,500 residents. “A decade ago at the county level, there was not a single elected official who was a Democrat,” said the city’s public information officer Paul Romer. “That has changed, but it is still a place that most would describe as having traditional values.” One Republican representative from the city of Belton, Hugh Shine, was one of the sponsors of HB2127.

But during a July 11 city council meeting, as the city broached the topic of HB2127, the discussion was far from supportive. “We’re quite concerned about the implications of that,” Belton City Manager Sam Listi said. “House Bill 2127 contradicts the Home Rule amendment of the Texas Constitution, is unnecessarily vague, and forces the cities to prove their authority to enact ordinances.”

Benton Place 6 Council Member Wayne Carpenter said that after spending several hours reading the Home Rule, enacted for more than 100 years in the Texas Constitution, he determined that HB2127 violates the Constitution.

“It’s designed to basically punish large cities, which we are not,” he said. “What San Angelo may need, San Antonio doesn’t need, and what Houston needs or doesn’t need, really doesn’t apply to most things in Belton. I think this is a very dangerous precedent.”

Stephanie O’Banion, another Benton council member, testified in the legislature against the bill. “It’s a terrible bill on multiple levels, but in this role for cities, it’s a terrible stripping of our ability to serve our community, and it doesn’t make a lot of sense,” she said.

The city of Belton decided unanimously to have an amicus brief ready to file in support of the lawsuit when the time was right.

“We’re still waiting to see what happens,” Romer said. “The one-size fits all model of government is too restrictive. Communities understand their local issues better than state or federal officials. Autonomy should be preserved, not restricted.”

See here, here, and here for the background. I’d still like to see cities fully join the litigation, but they may or may not for whatever the reason. Having a variety of local officials send in (hopefully multiple) amicus briefs is close enough. I’m especially heartened to see a smaller city like Belton assess the effect of this litigation, and I’d really like to see a lot more reporting done on that. Texas has 43 cities with at least 100K people, and another 32 with between 50 and 100K. How many of them have done what Belton did, and how many of them reached similar conclusions? Have the plaintiffs been reaching out to them?

There’s a huge opportunity here, both for legal strategy and for future politics. This malignant bill is so large and broad and overarching that it surely will have some negative effect on all of these place. It may be that they can’t fully assess the potential for negative effect precisely because of the law’s vagueness and its enabling of civilian vigilantes. Cities need to band together and fight back if they want to continue as cities. And really, we need more media outlets looking at this and asking questions of their local officials. I know a lot happened this session, and we still have the voucherriffic special session to come and then we’re into election season etc etc etc, but this stuff is important. Let’s not let this get lost in the barrage.

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Averie Bishop to run for the Lege

Nice.

Averie Bishop

Last year’s Miss Texas is entering another competition where she’ll be judged on her talents, leadership abilities and appearance. But this time it won’t be a beauty pageant.

Averie Bishop became the first Asian American winner of the Miss Texas competition in its 85-year history. Now she’s running for the Texas House.

Bishop, 26, filed as a candidate in Texas House District 112, north of Dallas. She’s running in the Democratic primary. If she wins, she will face Rep. Angie Chen Button, a Richardson Republican. Chen Button did not respond to a request for comment.

[…]

Although the job of Miss Texas has most commonly been held by white women who don’t take controversial political stances, Bishop chose diversity and inclusion for her platform. The move came as Gov. Greg Abbott and Republican lawmakers in Austin have in recent years promoted legislation restricting how Texas teachers can discuss the history of racism in America and repealing diversity policies at the state’s colleges and universities — policies Bishop has spoken out against.

I had referred to Averie Bishop as a future legislator when I first wrote about her, and Ginger wrote about this in the August 19 Dispatch. I didn’t realize that future could potentially be this soon. HD112 is a genuine swing district and will surely be a top Dem priority next year. Bishop, as noted in that earlier story, has strong pro-choice credentials. If abortion is going to be a winning issue for Dems in this state, that’s a district where it ought to happen. Legislative races are often more multi-dimensional than that, and incumbent Rep. Angie Chen Button has been an over-performer, including in 2022. This one ought to be a hard-fought matchup. Reform Austin and Mark Steger have more.

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Yet even more Paxton revelations

It’s been awhile since I last said Wow, but here I am again saying it.

A crook any way you look

Drew Wicker did not like what he was hearing.

The personal assistant to Attorney General Ken Paxton stood in his boss’s kitchen in summer 2020 as Paxton expressed his desire for granite countertops with a contractor who estimated a $20,000 price tag for the upgrade.

“I will check with Nate,” the contractor said after Paxton agreed to the cost, according to Wicker. When Paxton brought up other fixes he wanted for his Austin property, the contractor said he’d have to check with Nate about those, too.

Nate, Wicker understood, was Nate Paul, the Austin real estate investor Paxton had been meeting frequently with that spring and summer to discuss Paul’s various legal problems, including his claim of mistreatment by police after a raid at his home. To Wicker, the conversation sounded as if Paul would be paying for the renovation.

Wicker was so uncomfortable that he raised the issue with Paxton about a week later as they ate burgers at a Plano restaurant. Paxton assured Wicker he was paying for the renovations personally.

Three years later, those granite countertops have emerged as a key piece of evidence in the impeachment case against Paxton, who is accused of misusing the attorney general’s office to help his friend Paul fend off a federal investigation into his flailing real estate empire. And Wicker — Paxton’s aide who grew into a family friend — has become one of the key witnesses in the case against his former boss. Among the 20 articles of impeachment laid out by the Texas House is an allegation that Paul paid for not just countertops but an extensive renovation of Paxton’s Tarrytown property in exchange for the attorney general’s help with his legal issues.

As one of the aides who spent the most time at the attorney general’s side, Wicker proved an invaluable source as a House committee investigated Paxton in secret this spring before recommending he be impeached.

“I’m going to give you the best recollection, and then I’m going to trust that the evidence points where it shall,” Wicker told his interviewers. “And if that ends up being that (Paxton) conducted illegal business, then I love the man all the same and I hope that that gets adjusted, but he also needs to be held to account.”

First, be sure to click the link and see the picture of Drew Wicker. He looks exactly like the person saying these things in this story. Second, we’ve all read stories about arrogant rich people who forget that their household staff are actually people and thus say and do the worst things around them because they think there’s no one to witness any of it. I’m just bringing that up for no reason at all. Third, and this has as much to do with the fact that the impeachment managers have literally dropped thousands of pages of evidence on us all, partly in response to defense claims that all the charges are made up baloney, I wonder if any of this has come as a surprise to the defense team. This isn’t a criminal case so I presume the rules of discovery are different. It may be that Tony Buzbee and Dan Cogdell are getting some nasty surprises these days, perhaps because their client wasn’t fully truthful with them, perhaps because there’s just so damn much stuff to plow through. Maybe all their bluster and motions for dismissal have just been the best they can do in these obviously difficult circumstances. But if in the end Tony Buzbee gets thoroughly clowned by the impeachment managers, I will not be upset.

One more thing from this story:

Wicker, by chance, also discovered evidence that Paxton had resumed an extramarital affair with a Senate staffer that his top deputies thought was over.

The relationship between Paxton and the woman is central to the impeachment case. House investigators allege that Paul hired her in June 2020 as a favor to Paxton, allowing her to move from San Antonio to Austin.

At a meeting with senior staff in September 2018, with his wife by his side, Paxton disclosed that he had a relationship with the woman, but that it was over and he had recommitted to his marriage, the Associated Press previously reported.

But Wicker, visiting the Omni Barton Creek hotel with his family in summer 2020, ran into Paxton getting off the elevator with a woman who was not his wife.

“No words were said,” Wicker recalled. “Paxton walked out, shook my hand, shook my father’s hand and the lady walked out, didn’t acknowledge us or say anything.”

Wicker said he reported what he saw to Marc Rylander, the Paxton senior adviser who had told him about the affair when he started the job. Wicker described what the woman looked like.

“Great,” Rylander replied. “She’s back.”

I just find that so poignant. Drew Wicker is not my kind of person – the story talks about how he was disappointed to not get to do more policy stuff with Paxton, and we all know what that means – but I can totally empathize with him for that moment. Nobody deserves to have that crappy a boss.

Anyway. Go read the rest of that story – I can’t say I was shocked because I have lost my capacity to be shocked by Ken Paxton, but I did let loose a “holy crap!” when I started reading it. Read also this Trib story about what the prosecution has been up to, that story I linked above about the thousands of pages of evidence so far, for which there’s another Trib story as well – TPR has three key takeaways for you if you’d like a brief summary – and finally, if you’d like to get mad at Ken Paxton all over again but for a different reason, read this Andrea Grimes piece about just how consistent Paxton is in his beliefs, and the absolutely disgusting places that leads him to. Be warned, it will make you very, very mad.

Posted in Scandalized!, That's our Lege | Tagged , , , , , , , , , , , , , | 2 Comments

Texas takes another shot at Planned Parenthood

They have a cheat code available, so they use it.

Right there with them

For more than a decade, the state has been trying and failing to chase Planned Parenthood out of Texas.

Texas restricted and then banned abortion. The state removed Planned Parenthood affiliates from state-funded health programs and turned down federal dollars rather than allow Planned Parenthood to receive them. Planned Parenthood has been cut out of funding for cancer screenings, contraception, HIV prevention and sex education.

Despite this concerted effort from the highest levels of state government, Planned Parenthood’s clinic doors have remained open in Texas.

“My mantra is, every day that I show up to the clinic, I’m winning,” said Dr. Amna Dermish, the chief operating and medical services officer at Planned Parenthood of Greater Texas.

But now, the organization is facing a potentially existential threat from its longtime tormentor.

Last year, the state filed a federal lawsuit claiming Planned Parenthood improperly billed Medicaid for $10 million in payments during the period when the state was trying to remove the organization from the program.

Texas is seeking more than $1.8 billion in reimbursement, penalties and fees.

Planned Parenthood has called the lawsuit meritless, pointing out that there was an injunction in place that allowed it to continue to bill Medicaid during that time.

U.S. District Judge Matthew Kacsmaryk, a conservative who previously worked on anti-abortion cases as a religious liberty lawyer, [heard] arguments from both sides [on Tuesday] in Amarillo.

“We have weathered a lot of storms, but we’ve always been able to come through and be there for our patients,” Dermish said. “That ultimately is why I come to work every single day, and it’s just my biggest fear if one day we’re not able to do that.”

Here are a couple of stories about the hearing. I will note that this all started in 2017 with an attempt to claw back $10 million in payments. The state gets to $1.8 billion by asking for penalties and interest payments and so on. How good is their case? From the second report on the hearing:

Jacob Elberg, a former federal prosecutor who specialized in health care fraud, described Texas’ argument as weak.

He called the False Claims Act the government’s most powerful tool against health fraud. Cases involving the law in recent years have included a health records company in Florida and a Montana health clinic that submitted false asbestos claims.

Elberg said it is “hard to understand” how Planned Parenthood, the nation’s largest abortion provider, was knowingly filing false claims at a time when it was in court fighting to stay in the program and Texas was still paying the reimbursements.

“This just isn’t what the False Claims Act is supposed to be about,” said Elberg, faculty director at Seton Hall Law School’s Center for Health & Pharmaceutical Law.

That doesn’t really matter, though, because as noted the state has a cheat code. This is Ken Paxton going to Amarillo to ask one of his favorite judges to give him some candy. The Fifth Circuit will give him some more candy and will ask him if he’d like a pony as well. In the end, SCOTUS may or may not step in and take some of the candy away. This is the world we live in now.

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Dispatches from Dallas, August 19 edition

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

This week, in news from Dallas-Fort Worth, it’s another grab bag. We have followups to the Southwest Airlines religious liberty case, the ransomware attack on the city of Dallas, and the DPD evidence-mishandling scandal; a former Miss Texas leaps into North Texas politics; HB3 and school security officers in North Texas; book banners in Fort Worth; Farmer’s Branch moves to a 4×10 work week; State Fair news; the Kalita Humphreys theater; and more.

This week’s post was brought to you by the music of Omar Sosa & Seckou Keita, which you can sample in their Tiny Desk concert.

And in DFW-adjacent travel news, over the last weekend we visited the tourist mecca of Oklahoma City to enjoy True Nature: Rodin and the Age of Impressionism at the Oklahoma City Museum of Art. We also ran across the Myriad Botanical Gardens, an award-winning garden mostly in a conservatory, which was nice to escape the rain (!). I commend them both to your attention if you end up in OKC.

Posted in Blog stuff | Tagged , , , | 3 Comments

The lawsuit over the gender affirming care ban had its hearing

Hoping for a quick ruling in favor of the plaintiffs.

Medical experts pushed back against Texas lawmakers’ assertions that puberty blockers and hormone therapies are experimental and put young transgender patients at risk as they testified Tuesday in a hearing that seeks to block a new law banning such medical treatment for kids.

Dr. Johanna Olson-Kennedy, a doctor who treats adolescents and has been providing gender-affirming care for 17 years, said the body of medical research demonstrates these treatments have a high success rate in improving mental health outcomes of trans youth. But in her clinical work, the evidence is more obvious.

“Recently, I had one of my patients tell me, ‘If you had not allowed me, and helped shepherd me through these interventions, I don’t think I would be here,’” said Olson-Kennedy, the medical director of the Center for Transyouth Health and Development at Children’s Hospital Los Angeles.

She added that hundreds of her patients have expressed the same sentiment in her nearly two decades treating roughly 1,100 young patients.

[…]

Dr. Aron Janssen, a psychiatrist at the Ann & Robert H. Lurie Children’s Hospital of Chicago, testified to the evidence that psychotherapy alone cannot alleviate gender dysphoria, asserting that puberty blockers or hormone therapy is medically necessary. By restricting access to these treatments, young patients will have worse outcomes, Janssen said.

“There’s an intense improvement we see amongst these kids,” Janssen said of his clinical experience.

Texas lawmakers’ efforts to restrict gender-affirming care in Texas followed nearly identical campaigns from other Republican-led state legislatures. Across the country, 19 other states have passed similar legislation. Prohibiting doctors from providing gender-affirming care to trans youth is widely popular among Republican voters — over 85% of registered GOP voters in Texas supported these restrictions to some degree, according to an April poll by the Texas Politics Project.

But the wave of new legislation invited a series of lawsuits across the country seeking to block the laws from going into effect. Those suits have largely proved successful in federal courts.

See here for the background. As the story notes, this lawsuit is in state court, which I’m guessing is for the purpose of getting a faster result, hopefully a restraining order blocking enforcement of SB14. Testimony was scheduled for Tuesday and Wednesday, according to the press releases I received from the ACLU of Texas. They have a brief update on the proceedings here. The state put on its case yesterday, and that was the end of the hearing. Now we wait for the judge.

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Harris Health bond officially on the ballot

Good.

Harris County voters will be asked to approve a $2.5 billion bond issue from the Harris Health System to fund the rebuilding and upgrading of several hospital district facilities, including an expansion of Lyndon B. Johnson Hospital.

Harris County Commissioners on Thursday voted unanimously to put the bond request on the November ballot.

“I think that means something in the eye of the county that all commissioners from all backgrounds considered this to be something that is urgently needed for the future health of this county.” said Dr. Esmaeil Porsa, president and CEO of Harris Health System.

The Harris Health board of trustees unanimously voted to recommend the bond package to Commissioners Court in April, with health system leaders underscoring the importance of the proposal.

“This is a once in a lifetime type of project,” Porsa previously told Houston Landing.

See here and here for the background. I’m glad to see that it passed unanimously, that will help blunt any opposition if it arises. I expect this will pass easily enough, but that’s still nice to see.

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It’s going to be a challenge tracking changes in the maternal mortality rate

We expect maternal deaths to rise post-Dobbs, especially in states that have effectively banned abortions. But collecting the data to document what’s happening will not be easy.

Since the Supreme Court overturned Roe v. Wade last year, doctors have warned that limiting abortion care will make pregnancy more dangerous in a country that already has the highest maternal mortality rate among industrialized nations.

The case of Mylissa Farmer, a Missouri woman, is one example. Last August, her water broke less than 18 weeks into her pregnancy, when her fetus was not viable. She was at risk for developing a life-threatening infection if she continued the pregnancy. Yet during three separate visits to emergency rooms, she was denied abortion care because her fetus still had a heartbeat. Doctors specifically cited the state’s new abortion law in her medical records and said they could not intervene until her condition worsened. She eventually traveled to Illinois for care.

Even for people who don’t develop sudden life-threatening complications, doctors note that carrying a pregnancy to term is inherently risky because rapid physical and hormonal changes can exacerbate chronic health conditions and trigger new complications. If more people are forced to continue unwanted pregnancies, there are bound to be more pregnancy-related deaths: A study by the University of Colorado estimates a 24% increase in maternal deaths if the United States bans abortion federally. They predicted the increase would be even higher for Black patients, at 39%. Currently, 14 states have total abortion bans.

Additionally, when abortion is illegal, it makes the procedure more dangerous for those who still try to terminate their pregnancies. The World Health Organization found that unsafe or illegal abortions account for up to 10% of maternal deaths worldwide.

As the United States enters its second post-Roe year, advocates say it’s important to gather data on the impact abortion bans are having on the health of pregnant people to help both policy makers and voters understand the life-or-death consequences of the restrictions. Without such accounting, they say, the public may remain ignorant of the toll. Maternal mortality rates would be a crucial gauge of impact.

Despite the stakes, experts say, at least in the short term, it may be difficult or impossible to track the number of lives lost due to limits on abortion access.

ProPublica spoke to four members of state maternal mortality review committees. Here are some of the challenges they see to drawing any clear conclusions from maternal mortality data in the near future.

The challenges include inconsistent data, which may not include any indication of whether an abortion was available, interference from anti-abortion states, small sample sizes, and the fact that some women in anti-abortion states can still access abortion care. I think the story is going to be told more by anecdote, at least at the beginning. Any individual story about a woman dying after being denied an abortion will have an effect. There are already tons of stories of horrific near misses, some of which resulted in permanent damage to the woman in question; the plaintiffs in the lawsuit against Texas have told some of those stories, and they’re far from alone. The data will be there, but it will take time and effort to fully understand it.

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Still more Paxton revelations

I have three things to say about this.

A crook any way you look

In new allegations revealed Wednesday, Texas House investigators accused suspended Attorney General Ken Paxton of engaging in a complex cover-up to hide his relationship with real estate investor Nate Paul as senior aides grew increasingly concerned about Paxton’s willingness to use his office to benefit Paul.

The subterfuge allegedly included Paxton and Paul creating an Uber account under an alias so they could meet each other and so the attorney general could visit the woman with whom he was having an extramarital affair.

And once Paxton learned several high-ranking officials in his office reported his behavior to the FBI, the House impeachment managers alleged, he took immediate steps to cover up his relationship with Paul, including wiring a $122,000 payment to a Paul-affiliated company in an effort to hide home renovations that Paul had provided for free.

The allegations, outlined in a series of filings with the Texas Senate’s court of impeachment, shed new light on the relationship between Paul and Paxton that is at the core of his impeachment proceedings.

Among the new claims: Top deputies in the attorney general’s office persistently warned Paxton that Paul was a “crook” and that there was no merit to his claims that he had been unfairly treated by law enforcement, and that the two met at least 20 times in spring and summer 2020, sometimes discussing the FBI investigation into Paul’s faltering real estate empire.

Paxton “blindly accepted Paul’s conspiracy,” impeachment managers alleged. “Senior Staff urged Paxton to stay away. But when it came to Paul, Paxton was immune to reason.”

Paul was arrested in June on federal felony charges of lying to financial institutions to secure business loans.

Responding to Paxton’s pretrial motions that seek to dismiss all 20 articles of impeachment, including four that will not be included in the Sept. 5 impeachment trial, House managers also detailed multiple actions in which Paxton allegedly sought to use his office to benefit Paul.

They alleged that Paxton conducted a “sham criminal investigation” into Paul’s “adversaries,” routinely overriding concerns from agency staff who told him that Paul was a “criminal” and that Paxton needed to “get away.”

Instead, House managers alleged, Paxton became increasingly “entangled in Paul’s web of deceit” and “went to great lengths” to hide his relationship with Paul — using a burner phone and secret email accounts, ditching his security detail and using the fake Uber name to be “ferried to his lover’s or Paul’s properties more than a dozen times.”

In response to Paul’s favors — including allegedly employing the woman and paying to remodel Paxton’s home — Paxton “continually abused the power of his office to advance Paul’s aims,” House managers alleged.

In one instance, Paxton allegedly told agency staff that he did not want the office to assist law enforcement “in any way” with an investigation into Paul, who Paxton claimed was being “railroaded” and needed “unprecedented” access to sensitive information about his case.

After meeting with “alarmed” senior staff, Paxton allegedly demanded files about Paul’s criminal case that included an unredacted FBI letter that identified individuals involved in a 2019 raid on Paul’s home and businesses.

“Paxton held onto the file for more than a week,” House managers wrote. “Ultimately, OAG did not disclose the information to Paul. But Paxton did.”

[…]

In a written response, filed with the Senate on Tuesday and made public Wednesday, the impeachment team challenged other pretrial assertions from Paxton’s lawyers, who claimed the articles of impeachment were deficient because they failed to list specific laws that Paxton allegedly broke.

“Impeachable offenses need not be indictable crimes,” the House team argued. “Impeachment in Texas seeks to protect against conduct that undermines the integrity of the office, disregards constitutional duties and oaths of office, abuses government process and power, and adversely impacts the system of government.”

What’s more, the team argued, many of the articles listed particular crimes, and several detailed “how Paxton abused his office for his own personal benefit or that of Nate Paul and business entities controlled by Paul.”

More broadly, the managers emphasized that the impeachment trial is not a criminal or civil proceeding, as Paxton’s side has implied. In one new filing, the managers wrote that an impeachment trial is “a unique, if not mostly Political, with a capital ‘P’, proceeding — i.e., an action by the representatives of the people challenging official actions that are contrary to the public interest.”

That view aligns with the view that Lt. Gov. Dan Patrick, who leads the Senate and is acting as judge in the impeachment trial, offered in a TV interview Tuesday.

“It’s not a criminal trial. It’s not a civil trial. It’s a political trial,” Patrick told the Fox affiliate in Houston.

See here and here for more on the defense motions, and here for more on what kind of proceeding this is. The three things:

1. I don’t know about you, but any activity in which one feels the need to use burner phones and fake Uber accounts seems to me to be not on the up and up. Everyone deserves privacy, even elected officials, but these are not things that most people do in the course of their normal business. In a vacuum there may be legitimate reasons for that sort of thing, but in this context it’s just damn suspicious. Also, too, taking all these steps to cover one’s tracks almost always requires doing some amount of lying, by necessity to people you know. I’m just saying.

2. I’m glad we settled the question about what kind of trial this is. It had been keeping me awake at night.

3. In the end what I think this all comes down to is how many Republicans are there in the Senate who have decided they’ve had enough of Ken Paxton’s shit? He’s been their low scorer in the last two elections, his biggest supporters are the rich guys who love to throw millions of dollars in attacks against other Republicans, and while he’s had his successes in the courts, he’s no legal genius. Anyone can file a lawsuit with these Trump judges he has access to. I don’t know what will happen with the impeachment trial, but I think it’s a matter of whether the evidence is enough to convince at least nine of those people that they can do better, they don’t need this. We’ll see. The Chron has more.

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Fifth Circuit rejects some mifepristone restrictions, upholds others

Typical.

A Fifth Circuit Court of Appeals panel handed down a decision Wednesday batting down challenges to the Food and Drug Administration’s (FDA) initial approval of abortion drug mifepristone, but reinstituting restrictions that the agency has lifted in recent years.

The three-judge panel reversed the most headline-grabbing part of Donald Trump-appointed district court Judge Matthew Kacsmaryk’s decision, in which he ruled that the FDA’s 20-plus-year approval of mifepristone should be nixed.

The anti-abortion groups who brought the suit had argued that alterations to the drug’s disbursement regime in 2016 qualified as “reopening” the question of that initial approval, giving courts the opportunity to revisit it. The Fifth Circuit panel rejected that claim.

“They do not alter FDA’s basic assumption that mifepristone is safe and effective, subject to certain conditions for use,” the panel wrote of the 2016 changes.

The panel held the same on the 2021 alterations to the drug’s regime, where the FDA, most significantly, removed the in-person dispensing requirement.

“As with the 2016 Amendments, removing the in-person dispensing requirement does not change the basic concept of allowing women to use mifepristone,” the judges wrote.

But, the judges were very willing to question the FDA’s decision-making, including on fairly technical clinical aspects. For example, the judges gave the greenlight to reimposing restrictions that the FDA lifted in 2016 — including expanding the on-label gestational window in which the drug can be used — because they quibbled with how the agency determined that the changes were safe.

The ruling is also replete with histrionic messaging about the danger of mifepristone, talking points that have been a ubiquitous and long-lived tactic of the anti-abortion movement and have resulted in restrictions that major medical groups have long critiqued as based in politics and not medical necessity.

[…]

The Supreme Court had previously issued a stay in the case, meaning that mifepristone will remain fully accessible until the high Court either issues its own ruling or declines to hear the likely coming appeal from the Fifth Circuit.

See here for the previous entry. I’m a bit pressed for time, so read the rest of the story, which contains some prime Fifth Circuit winguttery about abortion, and the ruling, which is embedded. Given the stay, nothing has changed from a practical perspective, and I don’t think much has changed in terms of what SCOTUS will ultimately be asked to do. Either they’re willing to YOLO their way towards more abortion restrictions while also making all of Big Pharma nervous, or they’ll pull it all or mostly all back, on whatever pretext they find suitable. We’re just going to have to wait and see. Mother Jones, The 19th, and the Trib have more.

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New frontiers in bad ideas

Private dams. No, seriosuly.

A private dam proposed on the South Llano River, a major tributary to the Highland Lakes, is the center of a debate in the Hill Country this week as a public hearing set for Thursday evening approaches.

It all started in 2018 when then-CEO of Phillips 66, Gregory Garland, filed an application with the Texas Commission on Environmental Quality, or TCEQ, to dam up the river and create a private pool.

But under extraordinary drought and low river flow conditions, neighbors are worried about the strain this may put on a scarce resource.

[…]

The proposed size of Garland’s private recreational pool, filed under Waterstone Creek LLC, is 12 acre-feet of water — roughly 3.9 million gallons. That’s enough water to cover an entire football field with water nine feet deep.

KXAN obtained this satellite image from Garland’s application of the proposed reservoir overlaid on the South Llano River, suggesting a dam wide enough to stretch across the entire channel.

The Lower Colorado River Authority, or LCRA, told KXAN the landowner has a 10-year contract to purchase 16 acre-feet of water per year from the state agency. A hydrologist estimates the landowner is purchasing this quantity of water from the LCRA to keep the impoundment full and offset evaporation losses, even though this water is upstream of the Highland Lakes reservoirs from which the LCRA typically distributes water.

The LCRA contract yields a total of more than 50 million gallons of water over the 10-year period that could otherwise flow into the Highland Lakes. That amount equals enough water to fill Austin’s Deep Eddy Pool 86 times.

TCEQ’s draft permit for the project states the landowner cannot store water during low-flow conditions, as it may prevent water from reaching downstream senior water right holders.

A hydrologist told KXAN when a reservoir is full, the landowner would allow excess water to spill over and travel downstream. But if the reservoir is not full during prolonged drought conditions, any water that flows in is stored in the reservoir even though the water legally belongs to someone downstream with senior rights.

We tried to get answers to how the landowner would navigate this problem, but were unable to reach Mr. Garland after leaving multiple messages.

The whole thing gets shadier from there, if you can believe it. It’s not clear to me from the article what the process is for determining whether this dumb idea should go forward or not – there was a public meeting last week, and there will be at least one more – but hopefully a little attention will help affect it. Go read the rest and if you live in the area by all means call your State Rep and State Senator to let them know how you feel. There was a Bloomberg story on this that appeared in the business section of the Saturday Chron print edition if you want to know more.

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Texas blog roundup for the week of August 14

The Texas Progressive Alliance is now also waiting to see what a grand jury in San Antonio does to rid us all of a political crook as it brings you this week’s roundup. On a more serious note, the TPA stands with the people of Hawaii as they recover from that terrible wildfire last week. Here’s how you can help if you are so inclined.

Continue reading

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