What might come after ERIC

An interesting report from TPM.

The Alan Vera Memorial Act both forces the state to leave ERIC, and also to find a replacement vendor — one that can do what ERIC does with a start-up cost of $100,000 or less, and at a cost of $1 per voter status change identified.

Texas’ departure from ERIC comes after a slew of other red states left the network earlier this year amid a pressure campaign from right-wing media and voter fraud conspiracy theorists who alleged that the network, in theory a voter fraud proponent’s best friend, was in fact an activist group funded by George Soros.

But the Texas law comes with a unique twist: it forces the Texas Secretary of State to hire a “private sector data system” to replace ERIC, opening the state up to jostling for that position from some of the same people who helped paint ERIC as a failure to begin with.

“There are a lot of state and federal laws that prevent private vendors from getting that kind of matching criteria,” Daniel Griffith, a Senior Policy Director at Secure Democracy USA, told TPM, saying that it would be “theoretically very difficult.”

[…]

Valentine is one of several people who claim that ERIC is fraudulent and are offering up solutions. These people all make versions of the same claim: their systems keep voter rolls cleaner than ERIC does, do it more cheaply, and from the outside. In addition to Valentine, Arizona election denier Mark Finchem is reportedly working on his own ERIC alternative, while a mysterious platform called “Eagle AI” has also been mentioned among right-wingers.

Experts say that none of these efforts have a real chance at success.

The key to ERIC, experts said, is that it relies on data from multiple state governments, which are only available to those governments, to scan for duplicate voters. Without that shared data, it would be virtually impossible for an outside vendor to do what the system does.

Valentine isn’t without connections to the broader Trump universe. John Eastman, the Trump attorney who articulated legal theories in service of the former President’s effort to reverse his 2020 loss, tapped Valentine for a deposition in his upcoming effort to convince the state of California not to disbar him. Valentine told TPM he’s already sat for the interview. Mike Lindell, the MyPillow CEO and voter fraud showman, paid for Valentine’s project, called Omega4America, to analyze two state’s voter rolls, he said.

Alan Vera, the namesake of the Texas anti-ERIC bill, also worked with Valentine, he told TPM. At a February meeting of a Texas task force designed to tackle ERIC, Vera suggested that the group consider using Valentine’s software as a replacement.

Valentine offered in the call with TPM to set up his “fractal programming” system for free for Texas.

“I could implement our system for the entire state of Texas in about two weeks,” he said.

The Texas Secretary of State has other options. The agency said in March that it was appointing an official to develop its own, in-house version of ERIC.

See here for the most recent post, and here for all of my ERIC blogging. The story notes that what will likely happen is more lawsuits against the state for doing a shoddy and almost certainly discriminatory job “cleaning up” the voter rolls, a subject with which we are very well acquainted. I would just add that it is also likely the Lege will have to grapple with this failure and sheepishly take some action to mitigate it, which as my first link shows is also something we are familiar with. One way or another, it’s going to be a mess.

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Justice Department follows up with Tarrant County

Good.

Officials at the U.S. Department of Justice have committed to meeting with Tarrant County’s top Democrats to discuss the letter they sent requesting an investigation into voting rights.

The Democrats, under the lead of U.S. Rep. Marc Veasey of Fort Worth, penned a letter in May asking for an investigation into whether the actions of GOP leaders like county judge Tim O’Hare violated the rights of minority voters.

The six Democrats who signed the letter, including Commissioners Alisa Simmons and Roy Charles Brooks, cited the recent resignation of elections administrator Heider Garcia and the creation of the election integrity task force.

“I’m pleased to have the commitment of officials with U. S. Department of Justice to meet with me, Commissioner Roy Brooks, and other Tarrant County leaders to directly address the grave concerns we have regarding voter suppression in Tarrant as expressed in our letter to the Department of Justice last month,” Veasey wrote in an emailed statement early Tuesday.

See here for the background; a copy of the letter is embedded in the story. This is just an acknowledgement and a promise to follow up, no date has been set yet, so there’s not much else to say. I’m just glad that it’s happening and that we have a Justice Department that takes this sort of thing seriously. We’ll see where it goes next.

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Texa blog roundup for the week of June 12

The Texas Progressive Alliance is still highlighting passages in a certain federal indictment document as it brings you this week’s roundup.

Continue reading

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Of course Dan Patrick has a Ken Paxton conflict of interest

Why wouldn’t he?

A crook any way you look

Lt. Gov. Dan Patrick has cast Attorney General Ken Paxton’s upcoming impeachment trial in the Senate as like a real-world courtroom, with senators sitting as jurors and Patrick serving as judge.

“Would you go to a judge and say, ‘Judge, can you tell me how the case is going to turn out?’” Patrick, a Republican, said in a recent interview with WFAA-TV. “We will all be responsible as any juror would be.”

But in what legal experts say is a conflict of interest that would never be acceptable in normal judicial proceedings, the “defendant,” Paxton, owes the “judge,” Patrick, some $125,000 in outstanding campaign loans, according to campaign finance reports. And one of the “jurors,” state Sen. Angela Paxton, a Republican who is also Ken Paxton’s wife, is $600,000 in debt to her husband’s campaign, while he has served as a guarantor for millions more in funding.

Ethics experts say the conflicts are somewhat unavoidable in an impeachment — an inherently political process, where the figure on trial often has long political ties to those considering evidence against them.

“It is a conflict, and it would not be acceptable in a normal judicial proceeding, but an impeachment is abnormal,” said Jeremi Suri, a professor of public affairs and history at the University of Texas at Austin.

Because the loans are still outstanding, “those start to feel to me like real conflicts,” said Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington.

“We don’t want a situation where the public doesn’t have faith that decisions by government officials are being made for the right reason,” Bookbinder said. “And where there are significant loans that may or may not be outstanding, as far as the public is concerned, it certainly raises questions about whether there could be conflicts, whether decisions could be affected by these financial interests.

“Given that, it seems like it’s the better course to step aside and not have those questions hanging out there,” he said.

[…]

“The fact that the trial is taking place in the state Senate means there is going to be politics involved,” said Anthony Gutierrez, executive director of Common Cause Texas, a nonpartisan organization focused on government accountability. “Texans still should expect fairness and impartiality and you’re not going to get that if you have senators with conflicts serving as jurors.”

The financial connection to Patrick could be an especially significant red flag, given Patrick’s position in the process, said Gutierrez.

“His role is so much bigger,” Gutierrez said. “Any appearance of a conflict is probably more serious because he’s the one presumably presiding over this trial.”

I mean, my hopes were never that high for Dan Patrick, who is basically the judge in this proceeding, to be fair and impartial. Mostly, this gives me something tangible to point to, as if him being Dan Patrick wasn’t enough. There is room for my impression to change, mostly if he makes it clear that Angela Paxton should recuse herself. And if not, the truth is that he doesn’t have to do anything overt to affect the outcome of this trial. He’s got his minions in place. Enough of them will do what he wants, and they’ll know what that is without the need to be told. It’s cleaner that way. Reform Austin has more.

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Allred begins campaigning

Go get started early.

Rep. Colin Allred

Democrats were ecstatic when U.S. Rep. Colin Allred announced his bid against U.S. Sen. Ted Cruz, the Texas Republican they have come closest to beating in more than two decades of GOP dominance in statewide elections.

In 36 hours, they poured more than $2 million into Allred’s fledgling campaign, hoping the former NFL linebacker, who flipped a long-red Dallas district, could be the Democrat who finally flips the entire state.

But Allred says that is not his goal: “I’m running to beat Ted Cruz, not turn Texas blue.”

Allred, who still has to clear a Democratic primary to get a shot at Cruz, is pitching himself as a pragmatic and bipartisan alternative to the two term Texas Republican. Allred says he is a candidate for whom independents and even moderate Republicans turned off by Cruz’s more polarizing antics — such as his effort on Jan. 6, 2021, to delay the certification of President Joe Biden’s election win — can feel “comfortable” voting.

“We have a senator in Ted Cruz who has spent his two terms in the Senate pitting us against each other and trying to divide us,” Allred said. “He’s currently podcasting three times a week and doing everything he can to be on cable news as often as possible. We need to have a change in leadership.”

Allred’s supporters think it is a winning message — especially against Cruz, who is seen as among the most potentially vulnerable Republicans in the Senate in a 2024 cycle that is expected to see few Democratic gains, if any. Allred’s announcement led at least one elections forecaster to declare the state a battleground.

[…]

Perhaps most importantly, Allred has shown he can actually beat a Republican incumbent. In 2018, Allred was one of two Democrats in Texas who won in long-Republican districts, beating U.S. Rep. Pete Sessions, who had held a Dallas-area seat for two decades, by 6.5 percentage points.

Allred said he pulled it off by taking the same approach he is in the Senate race: “By appealing broadly and by expanding who gets involved.”

That was one of the criticisms lobbed at Beto O’Rourke back in 2018, that he had never really had to run against a Republican before. He didn’t do too badly. It’s impossible to say how much that might help Allred this time around, but I figure it can’t hurt. And look, while I’m sure at some point we’re going to have a debate about “appealing to the base to maximize turnout” versus “persuading those who can be persuaded to cross over”, the simple truth is we need both. And we know that those crossover-persuadable Rs are there, because we’ve seen them in action in every election since 2016. I’m not saying this is easy, there’s definitely a balance to be struck, but if you’re arguing for one over the other and not both, I say you’re choosing a strategy that can’t win at this time. In the future, maybe base maximization will do it. We ain’t there yet.

Obligatory Opponent Observations Department:

He will also have to make it through what could shape up to be a crowded primary. State Sen. Roland Gutierrez, a 52-year-old San Antonio Democrat, is nearly certain to run, sources have told the Express-News.

Houston Mayor Sylvester Turner, 68, has also been floated as a possible candidate. And John Love, a former member of the Midland City Council and past president of the Texas Municipal League, has already announced he is seeking the Democratic nomination.

Allred’s early entry in the race — a year and a half before the election — is significant, said Joshua Blank, a political scientist at the University of Texas at Austin.

“You find yourself sitting around waiting to find out who the Democrats are going to scrounge up to run for some of these offices,” Blank said. “Here instead you have a politician who would be sitting in a safe seat looking at this as a political opportunity.”

Yes, Sen. Gutierrez is coming, though his timetable is being disrupted by Greg Abbott and his petulant voucher fantasies. That makes early campaigning that much more valuable to Rep. Allred, as he’s getting a jump on the primary as well. I still have no idea where the Sylvester Turner name-dropping comes from, but a tip of the cap for the John Love mention. Heli Rodriguez-Prilliman, keep on keeping on.

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Oligarch nuisance lawsuit against Beto finally tossed

Sure took long enough.

A state appeals court dismissed Republican megadonor Kelcy Warren’s defamation lawsuit against Beto O’Rourke, ruling Friday that statements by the 2022 Democratic nominee for governor were protected by the First Amendment.

The Austin-based 3rd Court of Appeals said a district court judge in San Saba County mistakenly denied O’Rourke’s motion to dismiss in July 2022. Warren, a Dallas pipeline billionaire, had sued O’Rourke for defamation after the candidate repeatedly invoked Warren while criticizing Gov. Greg Abbott for the 2021 power-grid collapse.

“We hold that an examination of the statements and their context from the position of a reasonable person shows they are non-actionable opinions and fall within the bounds of protected speech,” a three-judge panel said in its ruling.

Friday’s ruling came seven months after oral arguments on the motion to dismiss and can be appealed to the Texas Supreme Court.

The legal journey kicked off more than a year ago, when O’Rourke opened his campaign with intense criticism over Abbott’s handling of the grid failure amid a severe winter storm. Warren’s pipeline company made a huge profit as demand for gas spiked, and O’Rourke seized on a $1 million donation Warren later made to Abbott, arguing it was effectively a bribe to go easy on Warren’s industry after the storm.

Warren sued O’Rourke for defamation in San Saba County, where O’Rourke then filed motions to dismiss the lawsuit and separately sought a change of venue. The San Saba judge denied both motions, and O’Rourke appealed to the 3rd Court of Appeals, where all six justices are currently Democrats. The appeals court rejected O’Rourke’s move to change venue but agreed to consider the motion to dismiss.

See here, here, and here for some background. I think the Third Court got it exactly right – Lord knows, far meaner things have been said about people in the course of Texas politics just since I’ve been paying attention – but you know how sensitive those billionaires can be. It would be nice if this were the end of it, but it isn’t, not yet.

Warren’s attorney, Dean Pamphilis, said he plans to appeal to the Texas Supreme Court.

“We believe that the trial court was correct in upholding Mr. Warren’s defamation claims and respectfully disagree with the Austin Court of Appeals decision,” he said.

[…]

Voters, the court ruled, “would understand that the gist of O’Rourke’s statements — even when using sharp language such as ‘corrupt’ and ‘like a bribe’ — as reiterating his political advocacy that he would be a better governor, couched in the oft-repeated argument that one’s political opponent is beholden to their campaign contributors.”

Chad Dunn, who represented O’Rourke in the case, called the ruling a victory for free speech.

“This was an effort to silence important political speech, and all Texans are benefited from it not being successful,” Dunn said.

Like I said, I think that’s right, and I hope that SCOTx sees it that way, too. We’ll find out soon enough.

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Statewide COVID disaster declaration to end

It’s nothing to celebrate.

Gov. Greg Abbott said Monday he will not renew Texas’ long-running COVID-19 disaster declaration later this week after he signed a law that bans local mandates related to the pandemic.

Abbott has kept the disaster declaration in place since the early days of the pandemic in 2020, despite some pushback in his own party. He has maintained that he needed the declaration to support his executive orders prohibiting local COVID restrictions, and he had promised to lift the declaration once lawmakers codified those orders.

Earlier this month, Abbott signed into law Senate Bill 29, which prohibits local governments from requiring masks, vaccines or business shutdowns in response to COVID-19. The law goes into effect Sept. 1.

“I was seeking legislation this session that would override those local jurisdictions before I took down my disaster declaration,” Abbott said at an unrelated news conference Monday in Austin. “They passed that legislation and, as a result, when the disaster declaration comes up for renewal later on this month, I will not renew it.”

Abbott had made banning local COVID mandates an emergency item for the regular legislative session that wrapped up late last month. While SB 29 made it to Abbott’s desk, some Republicans say it does not go far enough because it does not extend to private entities. Legislation to do that died in the House during the regular session.

Abbott still has an executive order in place that outlaws COVID-19 vaccine requirements by any entity, including private businesses.

We are well past a thousand days of this declaration. In the end – hell, in the middle and for most of the beginning – it was about enhancing Greg Abbott’s power and stopping local governments from taking any action that might mitigate the spread of the pandemic. Now that Republicans have enshrined that into law, they’re ready to declare victory. The next unstoppable virus sure is going to love Texas. Best be ready for it, because you’ll be entirely on your own.

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Here’s another lawsuit filed by Uvalde parents

That’s at least four, by my count.

In the latest lawsuit over the Uvalde school shooting, 30 family members, teachers and others are suing the manufacturer of the rifle the gunman used, the gun store where he collected it and a company that makes devices that increase the firing rate of semiautomatic weapons.

The plaintiffs include Federico Torres, whose son Rogelio was killed in the May 24, 2022 rampage at Robb Elementary School; Arnulfo Reyes, a teacher who was shot and wounded; and a fellow teacher, Tiffany Massey, who is the wife of a Border Patrol agent whose team killed the shooter.

Also among the plaintiffs are teachers who kept their students in lockdown until they were evacuated and the parents of some of those students. One of the parents who is suing is Angeli-Rose Gomez, who snuck past police lines at Robb to remove her three children from their classrooms.

The federal lawsuit, filed in Del Rio, accuses Georgia gun-maker Daniel Defense, Oasis Outback of Uvalde and Arkansas-based Firequest International Inc. of marketing and distributing unreasonably dangerous products and engaging in deceptive trade practices, among numerous other claims.

Daniel Defense made the assault-style rifle that the 18-year-old gunman, Salvador Ramos, purchased online.

Outback Oasis took delivery of the gun and transferred it to Ramos, a requirement for Internet sales.

Firequest manufactured the “hell-fire” trigger device police found next to Ramos’ body. The devices, when installed on a firearm’s trigger guard, push the trigger forward again after an initial shot, thus allowing for lightning-fast firing. The suit said Ramos ordered the device online.

The suit accuses Daniel Defense and Oasis Outback of making a negligent sale and Oasis Outback of negligence in its hiring, training and supervision of employees.

The suit seeks both compensatory and punitive damages.

I’m aware of three other lawsuits that have been filed so far. The latter of those three is a class action lawsuit that targets the city of Uvalde, Uvalde ISD, various law enforcement agencies, and government officials. The other two include Daniel Defense and Oasis Outback as defendants, and one of the also includes Firequest International. All are federal lawsuits. The class action lawsuit was filed in Austin, the other three including this one in Del Rio. I suppose it’s possible the latter three could be consolidated; I don’t know nearly enough about legal procedures to say with any certainty, I’m just noting the various ways these cases overlap and am speculating from there. The first lawsuit was filed last September, and I have no idea where any of them are in the process. It’s likely we’re still months, maybe many months, away from a courtroom. I didn’t see any other news stories about this lawsuit. Now you know what I know.

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Please get an mpox vaccine if you are at risk

Let’s avoid a summer surge.

On the heels of a cluster of new mpox infections in Chicago this month, the CDC is urging at-risk populations to get fully vaccinated.

One year ago Thursday, the Centers for Disease Control released its first report about mpox, then called monkeypox. After a spike in cases last August, the rate of new infections has tapered to a near halt in Harris County. However, the 21 infections in Chicago this month suggest previously acquired immunity may be waning and a summer resurgence may be on the horizon.

Houston has not seen an increase in mpox infections in recent weeks, according to data from the Houston and Harris County health departments. In total, the city of Houston has had 727 confirmed cases of mpox as of May 15. This number has not budged since February 28. Experts say vaccination is the best course for staving off a spike.

The new report from the CDC affirms a 75% vaccine effectiveness rate for patients who receive one dose and an 86% vaccine effectiveness rate for patients who receive the full two-shot regimen, regardless of if the patient is immunocompromised or not.

“This definitely tells us that these vaccines work and that our strategy of vaccinating people and getting both doses really remains core to our efforts to prevent MPox,” said Demetre Daskalakis, the deputy director of the White House’s national mpox response.

However, it is unclear how long previously gained immunity lasts. The majority of those newly infected in Chicago were at least partially vaccinated against the disease.

“Right now, we don’t know why people in this cluster of cases have gotten mpox after vaccination,” said Daskalakis. “We don’t know if immunity after vaccination decreases with time or how long the vaccine protects against mpox infection.”

See here for previous blogging and here for an earlier CNN story about the CDC’s announcement. Those who want to get vaccinated can get it free by contacting the Houston Health Department at 832-393-4220 or Harris County Public Health’s mpox hotline at 832-927-0707. If you or someone you know meet the criteria for being at risk, please take action to protect yourself and others.

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City passes Mayor Turner’s final budget

Get ready, whoever is up next.

Mayor Sylvester Turner

Houston city staff will see pay raises, money will go toward sidewalk repairs and residents won’t have to maintain their own drainage ditches anymore. All are part of the $6.2 billion budget that passed through Houston City Council with just two no votes Wednesday.

The council voted, 15-2, to approve Mayor Sylvester Turner’s final spending plan, which features the largest net savings in decades. The budget includes previously announced pay raises for all city employees, a drastic increase in tax dollars for Houston’s streets and drainage program, and a plan to revive a long-discarded program for staff to proactively clean and maintain open ditches across neighborhoods.

At-Large councilmembers Mike Knox and Michael Kubosh voted against the budget. Knox, who has consistently voted no to the past seven budget proposals, said there needs to be a larger reform to ensure Houston’s finances are structurally sound. Kubosh voiced concerns about the uncertain impact of state bills on the city’s financial position.

Turner, on the other hand, said this is the strongest budget his administration has adopted in his eight-year tenure. The city’s savings are set to rise to $405 million, surpassing the legally required level by approximately $220 million. The mayor said the high fund balance will set a strong foundation for the next administration after he leaves office early next year.

“Any mayor that comes in has got to deal with the challenges that come before you. For me, I’ve had to deal with unfunded pension liabilities that had not been addressed in 20-something years … and a $160 million budget deficit,” Turner said. “There are a lot of good things in this budget. It not only factors in fiscal year ’24, but it also provides an additional cushion for the next mayor and City Council as they deal with fiscal year ’25.”

Overall, the city’s $3.3 billion taxpayer-funded general fund, which covers core services, will see a 7.7 percent increase from the previous budget. Most of the additional spending will go toward already announced pay hikes for city workers — 6 percent for firefighters as a part of the three-year, 18 percent increase and 3 percent for police officers and municipal workers. In line with previous years, police, at $1 billion, and fire, at $593 million, make up about half the operating budget.

The new budget is set to draw another $160 million from the American Rescue Plan Act, a funding source that the city has relied heavily for the past three years to avoid what Turner said would be “significant” service cuts and layoffs. As federal dollars are set to dry up, officials have forecast deficits between $114 million and $268 million during the next mayor’s first term.

In an op-ed this week, City Controller Chris Brown expressed concern about Houston’s practice of using nonrecurring federal funds to fill its structural deficit, equating it to a homeowner selling furniture to pay the mortgage. He further cautioned that the recent increase in sales tax revenue may not last, as inflation could reduce residents’ discretionary spending.

“No one administration or City Council is to blame for these challenges, but they do require our attention,” Brown said. “We must prepare for the fiscal cliff looming on the horizon.”

Turner said many of Brown’s previous forecasts have not come to pass and tackling future financial hurdles is a task for the next mayor.

“There are some issues that are on the horizon and whoever’s going to be coming forth will have to deal with them, but if you’re a good manager with a good team, you ought to be able to address them,” Turner said.

See here for the background. We’ll be hearing from the avalanche of Mayoral candidates what they think about the city’s budget situation soon enough, since it will be theirs to deal with beginning next year. I’m a big fan of fixing and upgrading sidewalks, and of maintaining drainage ditches, so those things look good to me in this budget. We need to attack the 2004 revenue cap, we need to implement a trash fee to ensure proper and stable solid waste management services, and we need to work on electing a better state government that sees its mission as helping cities thrive rather than try to strangle them. I very much hope that in eight years’ time we’ll have made some real progress on those things.

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State will use eminent domain to reclaim Fairfield State Park

Game on.

The Texas Parks and Wildlife Department voted unanimously to use eminent domain to seize a 5,000-acre property south of Dallas that included Fairfield Lake State Park on Saturday, citing the need to preserve a state park enjoyed by thousands of Texans.

After months of stalled legislative efforts and failed negotiations to secure the park, the state opted to seize the land from Todd Interests, a Dallas-based developer, who purchased the property in February for $110.5 million. Commissioners were not eager to use the power of eminent domain to condemn the property, but the agency ultimately decided this instance was an exceptional case of public interest.

“I think we have a clear duty to act for the greater good for all Texans. While we have the power of eminent domain, that power should be used sparingly and reluctantly. In fact it’s been nearly four decades since we’ve last used it,” said Jeffery Hildebrand, a Texas Parks and Wildlife commissioner, just before the commission voted to condemn the property.

Because the property serves a public purpose as a park, eminent domain experts say Texas can seize the private land, even if the developer doesn’t want to sell.

Next, the state will notify Todd of the condemnation decision and make an offer for the property. The state and the developer will negotiate over how much Texas will pay for the almost 5,000 acres. If they do not reach an agreement, the issue can end up in court.

During Saturday’s public meeting, residents of Freestone County, environmental advocates and lawmakers testified in favor of condemnation to save a critical public asset for future Texans. Texas State Parks Division Director Rodney Franklin noted that 80% of the public comments the agency received ahead of the decision were in support of using eminent domain to save the park.

[…]

Negotiations between the developer and the state have not been successful. Todd Interests declined the agency’s $25 million offer for the whole property, which prompted the TPWD to pursue the eminent domain and condemnation option as a last ditch effort to keep the property in the public’s hands.

Last month TPWD commissioners gave the agency’s executive director the freedom to take “all necessary steps” to acquire the park. While all of those who spoke on Saturday were in favor of saving the park, many lamented that eminent domain was the vehicle to achieve that end goal.

“We do regret that this matter has come to this point and there was not the ability to resolve this issue before these steps were necessary,” said Kevin Good, the president of Texans for State Parks. “The agency should be proactive about trying to avoid these situations in the future.”

Todd maintained that he has engaged in “good faith conversations” with Texas Parks and Wildlife Commission Chair Arch “Beaver” Aplin III about the property since September 2022.

“The State of Texas, however, has spent the last eight months working to derail our transaction and diminish our transactional rights,” Todd said in a June letter to the Parks and Wildlife Commission.

The letter said the company has begun executing its development plan and investing millions of dollars in related contracts.

While several steps in the condemnation process remain, including an independent review of the property’s value, it’s not clear when the park could reopen.

See here for the previous update. I fully expect this to end up in court. It’s not a question of whether or not Texas can seize the land, it’s about how much it will cost.

In an interview earlier this year, Austin attorney Luke Ellis said the state has the legal right to take land from a private property owner through eminent domain if the land is for public use and they pay “just compensation” to the owner.

“The bigger question that I think will exist in this case is, what is the correct amount of just compensation owed to the property owner that results from the taking?” he said. “I suspect that could be an issue that could be hotly disputed.”

Todd Interests has offered to sell part of the parkland back, which the state has declined in favor of getting the whole thing. That $25 million offer is clearly too low, especially if Todd has been spending money in preparation for construction. I have no idea what the final price will be, but I’ll bet the over on that one. The Chron has more.

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

Who’s paying for Paxton’s defense?

A popular question.

A crook any way you look

Suspended Attorney General Ken Paxton has retained for his upcoming Senate impeachment trial two top Houston defense attorneys, who will be assisted by six of his employees who took leaves of absence to help, including four of his top aides.

But a key question remains unanswered: How will they all be paid?

Houston lawyer Tony Buzbee, who will lead Paxton’s defense, on Wednesday told reporters at a news conference he himself was “not being paid by the public.”

“That’s all you need to know,” Buzbee said, without clarifying if that meant his paycheck would come from Paxton’s personal checkbook, his campaign account, a legal defense fund or some other source.

Dan Cogdell, a Houston lawyer who represents Paxton in his securities fraud case, on Wednesday did not immediately respond to an emailed question about how he’ll be paid.

A spokesperson for the attorney general’s office did not respond to questions about the agency employees who are on temporary leave to help their boss hold onto his job.

Legal and government ethics experts said how all of these lawyers will be paid is extremely important.

“Ethically speaking, there’s a lot up in the air,” said political attorney Andrew Cates, an expert in Texas campaign finance and ethics laws. “If we want to all be sure that his attorneys are being paid in the correct way, then we should have some sunlight on those payments.”

[…]

Jeremi Suri, professor of public affairs and history at the University of Texas at Austin, said from a good government perspective, the only ethical answer would be for Paxton to pay those attorneys with his own personal funds.

“He is being accused of personal misconduct — he must defend himself personally,” he said. “He got into this trouble because he was trying to have the state pay for his personal misconduct.”

The rules are clearer when it comes to the use of campaign cash in this situation, experts said.

The state ethics commission has ruled that under the state’s election laws, elected officials can use campaign contributions to pay their legal expenses if they are brought against them in their status as an officeholder. The laws say that is not considered a personal use.

Paxton has about $2.3 million on-hand in his campaign coffers, campaign finance records show.

While going that route may be legal, it still may not inspire public confidence, Suri said.

“There’s a difference between what’s legal and what’s ethical,” Suri said. “The ethics are pretty clear on this. When you’re a public servant, you should never take private goods from someone with a private interest. Because then you have created favoritism where you owe them something in return.”

[…]

Another route Paxton may take — and one which he’s used in the past — would be to accept donations to a legal defense fund.

“That’s more of a strategic decision than anything else,” Cates said. “Because if he intends to run again, he may want to keep that campaign fund whole.”

In 2016, Paxton raised more than half a million dollars from “family friends” to help fund his legal fees related to his now almost eight-year-old felony securities fraud indictment.

That situation differed from his impeachment defense because the charges were unrelated to his official duties.

See here for some background. And LOL to anyone who would even briefly entertain the notion of Ken Paxton doing the “ethical” thing. Jeff N has it right – it’s evil billionaires all the way down.

As for who’s paying Rusty Hardin and Dick DeGuerin, the story doesn’t go into that but those two are basically special prosecutors and state law covers how those folks are paid, modulo any shenanigans from the Collin County Commissioners Court. The state is picking up their tab with a prescribed fee schedule. It’s totally appropriate. I would have said it would be appropriate for the state to also pay for the equivalent of a public defender for Paxton, but that person would be provided by the state, not Paxton’s choice. I don’t know if that’s an option, but maybe it should be. Something for the Lege to consider before the next impeachment, I suppose.

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

Weekend link dump for June 11

This story about two women at a small Division III school who saved their college’s golf team even though they were both non-golfers is delightful and a little deranged. Ray Ratto’s summary is also a hoot.

“The 14th Amendment particularly has implications which were very much by design that go beyond the fate of post-war ex-slaves. It essentially creates a thing we now take for granted, the status of citizen of the United States. It also has implications beyond things the architects of the amendment could have conceived of. But there are certainly concrete things that are totally clear about it and the other Civil War amendments if you spend even some basic time understanding why they were created, what they mean and what they meant to accomplish.”

“Her loss of faith in the biblical literalism and patriarchal values of her childhood was coming in the way the movement’s adherents had always warned it would: through exposure to people with different experiences and points of view. Those people just happened to be her daughter and her husband.”

“The Bad Thing Henry Kissinger Did That You Don’t Even Know About”.

“Over 400 years, experts say, the South has reinvented itself more than any other region in America, from slavery to the Civil War to the Civil Rights Movement. It’s gone from a lawless Colonial frontier to the country’s fastest-growing region. And yet, despite its constant change, the South has always stayed violent.”

“The report begins by presenting both real-world and Hollywood statistics, emphasizing what most of us already know: there are too many guns, and the prevalence of violence is negatively impacting our children. Unfortunately, Hollywood’s portrayal of gun violence is not helping the situation.”

“One thing these new laws do not take into account is that the 12 federally recognized tribes in Montana have historically recognized multiple gender identities, including transgender identities. Most Indigenous peoples recognize multiple gender identities that are believed to be the result of supernatural intervention.”

“A small but growing group of researchers is fascinated by an organ we often take for granted. We rarely think about how agile our own tongue needs to be to form words or avoid being bitten while helping us taste and swallow food. But that’s just the start of the tongue’s versatility across the animal kingdom. Without tongues, few if any terrestrial vertebrates could exist. The first of their ancestors to slither out of the water some 400 million years ago found a buffet stocked with new types of foods, but it took a tongue to sample them. The range of foods available to these pioneers broadened as tongues diversified into new, specialized forms—and ultimately took on functions beyond eating.”

“Your Reminder that “AI” Will Just Flat-Out Make Things Up“.

What a 100 MPH fastball looks like when it’s coming right at you.

“According to an SEC filing from late Friday, Disney’s set to write off about $1.5 billion following this streaming purge.”

Robert Hanssen, disgraced FBI agent/Soviet spy, has died. Not everyone deserves an “RIP”.

RIP, Astrud Gilberto, Brazilian singer best known for “The Girl From Ipanema”. I read this comic in a “Peanuts” collection as a kid and it took me years to get the joke.

RIP, Roger Craig, former MLB pitcher, coach, and manager, three time World Series winner, teacher of the split-fingered fastball to many other pitchers.

“Either way, in less than a year, the Saudis went from disruptors to forcing a complete capitulation that laid the PGA Tour’s moral high ground to waste. From top to bottom, they own professional golf now. As was probably the intent all along, everyone else is just along for the ride.” That is unfortunately good news for a certain former guy. And if you don’t like it, there’s no clear alternative out there.

Putting it another way: “McIlroy and the rest of the PGA loyalists learned a very valuable lesson about modern sports (or modern life) on Tuesday: If you do not sell out, someone will sell you out.”

“Ben & Jerry’s has shown through its actions that American companies have the ability to make a different and better choice when their workers want to unionize.”

RIP, George Winston, Grammy-winning pianist and guitarist.

RIP, Hossein Khosrow Ali Vaziri, better known as WWE Hall of Famer The Iron Sheik, and also an iconic presence on Twitter.

“Fox News Wednesday notified Tucker Carlson’s lawyers that the former prime-time anchor violated his contract with the network when he launched his own Twitter show on Tuesday, according to a copy of a letter obtained by Axios.”

Pat Robertson is dead. See above in re: the use of “RIP”. This is the kind of obituary that man deserves. And his thoroughly toxic legacy will long outlive him.

There goes Cracker Barrel.

“Yes, powerful people get away with a lot. But if you commit crimes repeatedly and brazenly you’re very likely to get charged with one or more crimes, particularly if you’re in the public spotlight.”

Ted Kaczynski and James Watt are also now dead. It was a heck of a week.

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Will the SCOTUS ruling on Alabama redistricting affect Texas?

Let’s start here.

In a surprise win for voting rights activists, the U.S. Supreme Court breathed new life into the Civil Rights Act and may have paved the way to end Texas’s gerrymandered district.

The case, Allen v. Milligan, came from Alabama. After the most recent U.S. Census, the congressional maps were redrawn in a way that reduced Black representation. Though Black people make up a quarter of the population of the state, only one district was Black-majority.

The decision was written by Chief Justice John Roberts, who was joined by Brett Kavanaugh and the three liberal justices on the decision. It found that the new lines violated Section 2 of the Civil Rights Act, which allows claimants to sue if they believe that lines are drawn to disempower racial minorities. Recent arguments, including the State of Alabama in this case, have attempted to make it so that racially oppressive districts should only be struck down if the claimants can prove they were willfully discriminatory. Justice Kavanaugh rejected this argument in his concurrence.

“We. . . reject Alabama’s argument that §2 as applied to redistricting is unconstitutional under the Fifteenth Amendment. According to Alabama, that Amendment permits Congress to legislate against only purposeful discrimination by States. But we held over 40 years ago “that, even if §1 of the [Fifteenth] Amendment prohibits only purposeful discrimination, the prior decisions of this Court foreclose any argument that Congress may not, pursuant to §2 [of the Fifteenth Amendment] outlaw voting practices that are discriminatory in effect.”

Essentially, while the Fifteenth Amendment may or may not cover only blatant and stated racism, the court has repeatedly found that Congress may pass laws like the Civil Rights Act to counter the effects of discriminatory districts, intentional or not. This leaves Section 2 of the CRA in place and offers far more hope for minorities fighting gerrymandering.

With Allen decided, a slew of similar cases will not proceed. These include two from Texas, League of United Latin American Citizens v. Abbott and Petteway v. Galveston County. Both cases claim that new maps were drawn to specifically disempower minorities, and both were on hold while the Supreme Court decided Allen.

The two cases will likely go to trial now in district court. While anything can happen, the decision from the Supreme Court leaves little doubt on how the court will ultimately rule on Section 2 questions.

That said, with the 2024 primaries and general election looming, it is unlikely that a trial could conclude in time to redraw more fair and equitable maps before the next election. Texas Republicans defending the maps have many opportunities to run out the clock and perhaps hold power through the next cycle.

There’s a ton of writing about the decision out there – these two Slate articles can get you started if you need it, or if you’d rather have someone explain it to you, listen to this episode of the Amicus podcast. As far as what happens next and with other states, let’s start with TPM.

On top of this Court’s habitual hostility towards voting rights, the decision was all the more surprising given that a majority of justices had let the map stand and be used for the 2022 midterms, despite a lower court finding that the map likely diluted the Black vote in violation of the VRA.

The ruling fueled speculation about what the decision might mean for pending cases that will decide maps for 2024: One major prognosticator, the Cook Political Report, immediately shifted five seats in Democrats’ direction. It also prompted bitter reflection on what the Court’s opinion could have meant for the 2022 midterms, had the questions in the case been resolved sooner.

[…]

By issuing that unnecessary stay rather than letting the lower court’s order that Alabama redraw its maps proceed, the Supreme Court effectively axed a seat in the House of Representatives that almost certainly would have gone to the Democrats.

And the effect of their silent ruling likely touched other states — and other seats — as well.

“Similar litigation in Georgia and Louisiana — where lower court judges said they thought the VRA was probably violated but stayed their own opinions following the signal of the Supreme Court in Milligan — would likely have produced at least one more minority-opportunity district that would have elected a Democrat,” Doug Spencer, an associate professor of law and election law expert at the University of Colorado, told TPM.

Elections for those seats alone likely wouldn’t have been enough to swing the House, barring further ripple effects. But, as Spencer pointed out, they would have had “implications for the already challenging election of Kevin McCarthy, and his fragile coalition which would be even weaker.”

The McCarthy-led Republican majority controls the House by just a handful of seats — 222 to Democrats’ 212 — complicating the speaker’s efforts to get a majority of Republicans to follow his lead on votes and even on questions of strategy.

Thursday’s decision will also almost certainly have a significant effect on the 2024 elections, when Democrats will battle to overcome Republicans’ slim majority and take back the chamber. Some of that stems from ongoing litigation.

“I imagine that Democrats might pick up five to six seats max from litigation in Georgia, Louisiana, and Texas,” Spencer calculated.

The Cook Political Report’s Dave Wasserman tweeted that among the five seats the organization is now shifting bluer, two formerly solid Republican seats will likely end up being solid Democratic ones.

Democracy Docket, a Democratic-aligned website that tracks redistricting cases, found that Thursday’s decision will affect redistricting cases in Alabama, Arkansas, Georgia, Kansas, Louisiana, Michigan, Mississippi, North Dakota, Texas and Washington — though the states Spencer tallied plus Alabama will likely have the most direct effect on congressional seats.

And here’s Democracy Docket.

This landmark decision will have a reverberating and largely positive impact on active litigation involving Section 2 claims across 10 different states. According to Democracy Docket’s database of 63 active redistricting cases, 31 cases allege Section 2 claims and are currently pending in federal court. Many of these cases involve maps that were drawn during the decennial redistricting process after the release of 2020 census data.

The vast majority of ongoing Section 2 cases mount challenges to maps in southern states such as Georgia, Louisiana, Mississippi and Texas, all of which share invidious histories of enacting racially discriminatory maps and were previously subjected to preclearance requirements under the now-defunct Section 5 of the VRA. Lawsuits across these states and others were brought to remedy alleged violations of Section 2 and to ensure that minority voters have the opportunity to elect candidates of their choice.

In addition to benefiting Alabama voters, the Court’s decision in Allen creates an opportunity for fairer maps to be adopted in states including Louisiana and Georgia, where litigation could result in the addition of a majority-Black congressional district in each of these states.

[…]

Two lawsuits that bring Section 2 claims are ongoing in Texas: One challenges the state’s congressional map and the other challenges the redistricting plan for Galveston County, Texas’ Commissioners Court.

Date filed: Oct. 18, 2021

Plaintiffs: League of United Latin American Citizens, U.S. Department of Justice, Fair Maps Texas, NAACP, Mexican American Legislative Caucus, Voto Latino and others

Argument: This case was consolidated with seven others. Collectively, the plaintiffs argue that the new district maps for Congress, the state House, the state Senate and board of education violate Section 2 of the VRA and the U.S. Constitution’s 14th and 15th Amendments. Specifically, the plaintiffs claim the maps were drawn to intentionally discriminate on the basis of race and dilute the voting strength of minorities.

Status: Litigation is ongoing in the district court and a trial has not yet been scheduled.

Find more about the case here.

Date filed: Feb. 15, 2022

Plaintiffs: Galveston County voters, Department of Justice and NAACP

Argument: This case was consolidated with two others. The plaintiffs collectively argue that the new district lines for Galveston County’s Commissioners Court precincts are racially gerrymandered, cracking Black and Latino voters across the four districts in violation of the U.S. Constitution’s 14th and 15th Amendments. They also argue the map violates Section 2 of the VRA.

Status: Litigation is ongoing in the district court.

Find more about the case here.

I was pretty pessimistic about those cases before, and now I’m somewhat less so. The case in Georgia is already referencing this decision, so perhaps that will give us a hint about what could happen here. But I’m going to stay in “I’ll believe it when I see it” mode for the time being – I’ve been bitten too many times. The Chron editorial board suggests some reasons to remain skeptical.

The decision could also have major implications for Texas, where nine federal lawsuits filed on behalf of Latino, Black and Asian voters contend that the Legislature’s new congressional and legislative maps are racially discriminatory. For instance, Texas gained two congressional seats from redistricting, owing to a population boom in the past decade. Latino Texans accounted for half of that population growth. But both the new districts were added in majority-white parts of the state. These days, whites and Latinos make up roughly equal percentages of the state’s population. But on the new map, 42 percent of districts are majority-white, and only 26 percent Latino.

Roberts’ willingness to recognize the deep political disadvantage for Black voters in Alabama does not necessarily mean that he believes similar levels of discrimination exist elsewhere in the country. In a past Voting Rights Act case, the court established a strict three-part test for determining whether a map violates the law: The minority group has to be geographically compact, politically cohesive and consistently thwarted by the majority in electing their preferred candidate. In places like Louisiana and Georgia, it will be relatively easy to make credible cases for similar hyper-minority districts in heavily Black parts of those states. But discriminatory gerrymandering claims in Texas may be less cut and dry.

Yes, Texas spent most of the past century flagrantly suppressing the votes of minorities with all-white primaries, poll taxes and voter purges. But even so, Texas these days has far more ethnic and ideological diversity than many of its Southern neighbors — and that means fewer Alabama-style hyper-minority congressional districts. In Alabama, almost all Black voters pick Democrats. But in Texas, it’s not unusual to see high percentages of Latino or Asian voters cast ballots for Republicans. The court could reasonably rule that since the voting patterns in Texas are less racially polarized, plaintiffs here have a less compelling argument.

Many of Texas’ voting-rights problems involve discriminating against minority voters through systematic, targeted suppression laws, and that ugly habit would be better solved by Congress than the Supreme Court. Two years ago, the House of Representatives passed the John R. Lewis Voting Rights Advancement Act, which would have done a world of good. Named for the late civil rights icon, it would have required the federal government to clear any change to electoral boundaries in a state or subdivision where the population of any racial or ethnic minority had increased by 10,000 or more since the previous Census. The legislation failed to pass the Senate, however, and has not been re-introduced in the new Congress.

So for now, we’re stuck relying on the Supreme Court. Let us hope that Justices Roberts and Kavanaugh continue to give minority voters their fair share of voting power.

I mean, draw us maps with a representative number of Latino districts and I’ll take my chances on how they vote. But yeah, we still need that updated Voting Rights Act, and we should be very wary about how Roberts and Kavanaugh will feel when the other states’ cases come to them. Until then, let’s take them at their word and see how far we can go with that. Mother Jones, Vox, Daily Kos, and the WaPo have more.

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IRS complaint filed against True the Vote

Let’s go!

Conservative activists Catherine Engelbrecht and Gregg Phillips used the nonprofit True the Vote to enrich themselves, according to a complaint filed to the IRS.

On Monday, the nonprofit watchdog group Campaign for Accountability called for an investigation into True the Vote, which has made repeated false claims about voter fraud in elections. The complaint said True the Vote may have violated state and federal law when the charity used donations to issue loans to Engelbrecht, its founder, and lucrative contracts to Gregg Phillips, a longtime director. The organization also failed to disclose the payments to insiders in its tax returns, including excessive legal bills paid to its general counsel at the time, who filed election-related lawsuits in four states, the complaint said.

“Such disclosure lapses heighten suspicion regarding whether True the Vote and or its current or former officers and directors intended to conceal the payments from the public or IRS,” the complaint said. The self-dealing contracts and loans were first reported by Reveal.

[…]

The federal government allows nonprofit organizations to operate tax-free, and in return they are required to disclose substantial information about their finances to make sure donor funds are used appropriately. Charities like True the Vote are also not allowed to engage in certain political activity.

“I hope that the IRS and other applicable authorities take seriously what appears to be a pattern of bad behavior by Catherine Engelbrecht and Gregg Phillips, and that makes the pursuit of accountability that much more important,” said Michelle Kuppersmith, executive director of Campaign for Accountability. The organization previously filed a separate complaint in 2020 about True the Vote engaging in political activity with Georgia’s Republican Party. The IRS did not respond to that complaint.

The group’s legal woes have mounted following the D’Souza movie. A Georgia voter sued the pair and D’Souza for defamation because he said he was wrongfully accused of committing voter fraud. The case is pending. A state investigation found the voter was dropping off ballots for himself and family members, which is legal. Former Arizona Attorney General Mark Brnovich’s office asked federal authorities to investigate True the Vote’s finances after Engelbrecht and Phillips did not produce purported evidence on voter fraud to investigators in 2022.

James Bopp Jr., the former general counsel, is now suing True the Vote in federal court for breach of contract for nearly $1 million in unpaid legal bills dating back several years, according to court records obtained by ProPublica. True the Vote has countersued Bopp’s law firm, denying the unpaid invoices and accusing it of engaging in fraud and substandard lawyering, the records show.

In an interview with ProPublica, Bopp said that True the Vote’s counterclaim has no merits. “We were shocked they responded this way. They did nothing but praise our work,” he said. “This is what unscrupulous people will do when they try to avoid the repayment of debt.”

In January, ProPublica and The Dallas Morning News reported Engelbrecht and Phillips created another charity, the Freedom Hospital. It aimed to help children and elderly people affected by the war in Ukraine with medical care. Its website, which has since been taken down, said it raised halfway to $25 million for a mobile hospital. ProPublica and the News found the effort never materialized. Attorneys for Engelbrecht and Phillips said that it was a good-faith effort and that his clients only raised $268 for the project through PayPal. Lawyers said donations were returned “at Mr. Phillips’ direction.”

It goes on from there, with a ton of backstory and lore that I tried to keep up with. You’re either a reporter or a weird obsessive if you can recall every little grift and scheme these guys have been up to. I don’t know what this might lead to, but I look forward to finding out. Reform Austin has more.

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Bexar County Sheriff’s Office files charges related to Florida immigration relocation stunt

Update of interest.

The Bexar County Sheriff’s Office says it has completed its investigation into the transport of 49 migrants from San Antonio to Martha’s Vineyard last September by Florida Gov. Ron DeSantis’ administration and filed criminal charges with the local district attorney.

A statement from the sheriff’s office says it has filed several counts of unlawful restraint, both misdemeanors and felonies. The sheriff’s office didn’t name any individual suspects and didn’t specify when the investigation was turned over to the Bexar County district attorney.

“At this time, the case is being reviewed by the DA’s office. Once an update is available, it will be provided to the public,” the statement said.

In a separate statement from the sheriff’s office, spokesperson Johnny Garcia said the case was turned over to the DA’s office “recently,” adding, “At this time we are not naming the suspects involved in the case.”

Bexar County District Attorney Joe Gonzales said in a statement released Tuesday that his office will review the criminal complaint from the sheriff’s office.

“The process of determining whether enough evidence exists to charge anyone with a crime and convince a jury of Bexar County citizens beyond a reasonable doubt that a crime has been committed may be lengthy and labor-intensive under the best of circumstances,” Gonzales said. “If a review of the facts reveal that a felony offense has been committed, we will present that case to a grand jury for their deliberation.”

According to a lawsuit filed by a law firm representing some of the migrants, Perla Huerta, a former combat medic and counterintelligence agent in the U.S. Army, gave $10 McDonald’s gift cards to about 50 migrants in San Antonio last year in exchange for a signed consent form to board a flight to Massachusetts. Inside the charter plane, the migrants, many of whom were Venezuelans, were given a brochure with a list of organizations that provide social services the migrants were not eligible for, according to the lawsuit.

The next day at a news conference, DeSantis claimed credit for sending the planes from Texas to Massachusetts. He has said that it was part of the state’s program to relocate migrants to a “sanctuary destination.” The Florida Legislature set aside $12 million for the effort, and DeSantis has spent more than $1.5 million so far on the flights, according to state records.

DeSantis’ office didn’t respond to an email from the Tribune seeking comment.

On Tuesday, U.S. Rep. Joaquin Castro, D-San Antonio, said he was “was pleased to hear that Sheriff Salazar’s office has taken the case seriously. This is not about politics, it’s about people that have broken the law. And they need to be held accountable.”

There’s a lot of background to this – see here, here, here, here, and here for the relevant bits. It’s hard to know more in the absence of the specifics of who’s been charged with what crimes, and there’s sure to be a defense argument that the migrants had all consented to their relocation. I have no idea what will happen, but it has the potential to get loud and messy and drawn out, and it’s all happening as another Florida-instigated relocation is occurring. I will continue to keep an eye on it. The San Antonio Report and the Miami Herald have more.

Posted in Crime and Punishment, La Migra | Tagged , , , , , , , , , , , , | 1 Comment

Nate Paul arrested by feds

Well, well, well.

A crook any way you look

Nate Paul, the Austin real estate developer central to allegations of illegal conduct by Ken Paxton, Texas’ now-suspended attorney general, was arrested by the FBI on Thursday.

Paul was booked into the Travis County Jail at 4:25 p.m. on a federal warrant, said Kristen Dark, a spokesperson for the Travis County Sheriff’s Office. The nature of the charges against him have not been publicly disclosed.

Paul’s attorney did not immediately respond to a request for comment. Calls to the U.S. Attorney’s Office for the Western District and Paxton were also not immediately returned.

A spokesperson for the FBI office in San Antonio declined comment, citing Justice Department guidelines.

It’s not immediately clear whether his arrest is related to the allegations against Paxton, but Paul is at the center of the abuse-of-office complaints against the three-term Republican attorney general who was impeached by the Texas House last month. Paxton is currently suspended from his official duties and awaiting an impeachment trial in the Senate, which would require a two-thirds vote to permanently remove him from office.

[…]

In March, Paul was ordered to spend 10 days in jail after being found in contempt of court in a case related to the allegations against Paxton. In that case, Paul was fined $180,000 for lying in district court about money transfers he made in violation of a court order in a lawsuit filed by The Roy F. & Joann Cole Mitte Foundation, an Austin-based nonprofit that sued Paul for fraud.

Paul lost an appeal of that contempt of court finding and was ordered to jail in March. But he appealed again to the Texas Supreme Court, which blocked his jail order temporarily and is still considering that appeal.

As of Friday morning when I started drafting this post, we don’t have any more facts about the arrest. But we do have some speculation.

A lead prosecutor in the impeachment case, Dick DeGuerin, hinted Thursday night that the arrest is linked to the allegations against Paxton.

“The dominoes are falling,” DeGuerin said.

Dan Cogdell, one of Paxton’s defense attorneys in the impeachment case, also surmised the arrest is related to the Paxton investigation.

“It’s the oldest play in the book,” Cogdell said, adding that he was merely speculating as the charges against Paul are still unknown. “You’ve got two people you believe to be in a crime together, you arrest the first one and try to get them to cooperate on the other one.”

Asked what incriminating information Paul would have on Paxton, Cogdell said: “Sometimes people cooperate and say things that are true; sometimes people cooperate and say things that are untrue to lessen their exposure. We don’t know what’s going to happen.”

That was Thursday. On Friday, Nate Paul was in court, and we learned more.

Nate Paul, the Austin real estate investor central to allegations of illegal conduct by suspended Attorney General Ken Paxton, has been charged with eight counts of making false statements to financial institutions.

Paul, 36, allegedly overstated his assets and understated his liabilities to fraudulently obtain loans, according to a 23-page indictment filed by federal prosecutors Friday.

The government is seeking $172 million in restitution from Paul.

U.S. Magistrate Judge Dustin Howell laid out the charges — which focus on actions Paul took in 2017 and 2018 to allegedly mislead mortgage lenders and credit unions — Friday morning to ensure Paul understood them.

Paxton was not mentioned in the indictment, nor was he discussed during a half-hour proceeding Friday in Austin’s federal courthouse, where Paul appeared shackled and wearing a blue button-down shirt, jeans and white Air Jordans. He answered Howell’s questions softly, simply stating, “Yes, Your Honor.”

Paul is due back in court June 15 for arraignment. He will be released today on conditions including that he surrender his passport and leave Texas only after notifying the court. His in-state travel will be unrestricted. Assistant U.S. Attorney Alan Buie, who represented the government at the hearing and who specializes in white collar crimes, said Paul should be allowed to continue to run his businesses.

Paul’s lawyer, Gerry Morris, said outside the courtroom that the charges have nothing to do with Paxton, adding that he had “no idea” when Paul last spoke with the now-suspended attorney general.

Prosecutors allege that Paul repeatedly misstated his financial situation to obtain loans from credit unions and mortgage lenders in New York, Connecticut and Ireland.

“On three occasions, Paul gave a financial institution a false and counterfeit document, representing that one of Paul’s bank accounts held millions of dollars when in fact the balance of the account was less than $13,000,” the indictment stated.

In another instance, prosecutors alleged, Paul told a lender he owned 100% of a company that was to receive a loan, but another firm that was not affiliated with Paul owned 91% of the company.

In a third case, Paul told a lender that his total liabilities were $3.4 million when they exceeded $28 million. “Therefore, Paul knowingly made a false statement and report when he said that the amount of his total liabilities was only $3,422,056,” the indictment said.

Okey then. Just a reminder, the keys to both the current FBI investigation of Ken Paxton and the basis of the impeachment were the shady favors Paxton did for Paul to interfere with the FBI investigation into Paul. So yeah, it’s entirely likely that they’re going to put the squeeze on Paul to get to Paxton. How successful they’ll be, that’s to be determined. But surely that’s where we’re going. What a time to be alive. Reform Austin, Texas Public Radio, and the Chron have more.

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The first Board of Managers meeting

It was raucous, and that won’t be the last time.

New Superintendent Mike Miles’ interim contract was approved Thursday in a lively inaugural meeting of HISD’s new Board of Managers, over the objections of at least 150 students, parents, teachers and civil rights groups who protested Miles’ appointment.

Miles will be paid $25,000 for relocation expenses and receive $1,473 for each day he works under the interim contract, which was prorated to align with former Superintendent Millard House II’s annual salary of $360,000, according to a spokesman for Miles. Miles will be paid identically to House once the interim contract is replaced with a long-term agreement in about two weeks, he said.

The ratification of Miles’ contract, along with the approval of other items on the meeting agenda, could barely be heard over the clamor from the audience, which remained consistent throughout the nearly 90-minute meeting.

“You should be ashamed of yourselves!” one audience member yelled, as the rest of the crowd broke out in chants of “no justice, no peace.”

Miles was tardy to Thursday’s meeting, only joining for the agenda item in which his contract would be ratified, but said he watched the majority of the public comment over the live stream. He said he was proud of how the Board of Managers — who remained silent as speakers approached the podium one by one, calling them “puppets” and pleading with them not to reject Miles’ appointment — handled the heightened tensions of their first meeting.

“They’re volunteers who stepped up to serve the public interest, they serve HISD’s kids,” Miles said. “So to see them act so calm and professional under that sort of pressure just made me proud.”

Miles said he only joined for the end of Thursday’s meeting because it was the first time the board “would face questions or input from the community and we wanted the focus to be on them.” Many community members shouted “Where’s Mike Miles?” throughout the meeting.

Aside from ratifying Miles’ contract, Thursday’s meeting focused on procedural items such as electing board officers. Audrey Momanaee, a trial attorney, was named board president, and Ric Campo, a prominent Houston businessman, was selected as vice president. Angela Flowers, a teacher, will serve as secretary.

The board approved a motion to suspend regular meeting requirements (a spokesman for Miles said that is so that the board can meet several more times in June and then waive July’s meeting, before returning to a monthly meeting schedule). They also approved a $3 million in-kind donation from Good Reason Houston, which covers “some consultant support as well as services provided by our staff,” according to the education non-profit. Good Reason Houston is paying for consultants from the Kitamba firm, which has been criticized for its business-minded approach to school reform.

See here for the previous update. Houston Landing adds on:

Inside and outside of the board room, protestors focused their ire on Miles’ plans to make major changes at nearly 30 campuses, where all educators will be required to reapply for their jobs this summer. Some parents and union members showed their opposition to Miles’ emphasis on standardized testing, while others criticized the undemocratic nature of the takeover itself.

Miles’ approach to the 28 schools would “humiliate” teachers, said Jonathan Bryant, a teacher at HISD’s Northside High School. He warned that teacher turnover would rise in Houston, just as it did during Miles’ tenure leading Dallas about a decade ago. State records show Dallas’ teacher turnover rate increased by about 5 percentage points under Miles.

About 25 attendees signed up for public comment and were given two minutes each to voice their opinions. One by one, they argued against the state takeover, warning that the appointed trustees are not accountable to voters and not representative of their communities.

Elizabeth Rodriguez, 18, a recent Northside High School graduate, said the new board does not represent her. She worries what the changes will mean for her family members still attending HISD schools.

“Don’t listen to what (Miles) has to say – the big man. Listen to the community,” Rodriguez said. “Don’t think about just money. Think about all the children that y’all are supposed to be taking care of.”

Parents also expressed frustration at a lack of support from the state during the pre-meeting protest.

“Instead of supporting principals and teachers to be successful, the state has never set our community up for success,” said Kourtney Revels, the parent of a third-grader at Elmore Elementary School on the city’s northeast side, which is set to undergo a dramatic overhaul under Miles’ plans. “When is someone going to step in for real and step in for my community?”

Several HISD students also spoke, expressing anger about the intervention and fear for the future. Eileen Reyes, a rising sophomore at Westbury High School, warned the takeover would “backfire.”

Several local political leaders and statewide advocates, as well as two elected HISD trustees, attended the protest.

Oni Blair, the ACLU of Texas’ executive director and an HISD parent, said her organization would call for a federal intervention to ensure Houston voters were represented. Multiple elected officials and teachers union leaders have threatened to take legal action related to the takeover, though none have seriously followed through.

“We are losing the power of our vote in multiple ways,” Blair said.

I don’t have a whole lot to add at this point, since the Board approved Miles’ contract and their leadership and did one or two other things before adjourning. The main action was the protest, and you’re either on Team We Need To Move Past This And Give Miles And The Board A Chance or Team We Have No Other Voice What Else Would You Have Us Do. The Chron Editorial Board, who are firmly on Team Give Them A Chance, was not impressed by the actual meeting.

But even with the lights on, the proceedings needed more illumination. It was hard to tell what was going on. Attendees’ shouting made it hard to hear what board members said or to tell how they voted. Tactically, the shouting seemed a bad plan: If we the public want to know what business the state-appointed board of managers is up to, it helps to hear them do it.

But the HISD board of managers also bears responsibility for Thursday’s murk. Shouldn’t they have been prepared to at least attempt to build trust? Superintendent Mike Miles, who also was appointed by the state, has experienced raucous opposition before. Rather than go into the meeting with a standard bare-bones agenda and format, Miles and the board of managers could have set a constructive tone by clearly introducing his sweeping changes and responding to questions early on.

We have urged readers to give Miles and the board a chance, but they must do their part by managing meetings the way an effective teacher manages a classroom.

Public comments from parents, community members and teachers urged the board to reject Miles’ contract and not to mess with previous board policies. Some speakers had traveled all the way from Dallas to tell about their negative experiences during his time as superintendent there. Some speakers urged the board to wield their power to push back, and not just rubber stamp whatever comes their way. Others complained that the board didn’t represent the schools most affected. “Puppets! Puppets!” some yelled.

Other speakers made efficient use of the new superintendent’s full name, F. Mike Miles, by pronouncing his first initial as a verb. Miles himself didn’t appear until the board voted on his contract. As he took his seat beside the board president, he looked as unruffled as ever.

When it came time for the board to move through the agenda items, it was as if someone gave the room’s volume dial a good twist. The shouts and occasional chants of “TEA go away” and “No justice, no peace” were so loud that few could make out what was happening.

Was Audrey Momanaee just elected board president? Did they just approve a motion to alter the meeting schedule? Was there any discussion at all?

Usually in public meetings, votes are recorded in a public way — shown on a screen, say, or indicated with colored lights — so everyone can see who votes yes, no or abstains. But not here, not this evening.

Miles and the new board of managers have all said they want to earn the community’s trust. Miles even met with this editorial board and shared a vision that he elaborated on in other interviews. We appreciated that moment of engagement and transparency.

But is that all it was? A moment?

Good governance is one of the things the district must do to end the takeover. What we saw last night was timid governance. With the superintendent’s contract, a change to the board meeting schedule and a $3 million donation from Good Reason Houston on the agenda, we would’ve expected some questions, concerns, clarifications for the board’s sake — and for the public’s. Instead, the board moved quickly through the motions of approving each agenda item.

Maybe they’ll learn from this and do better next time. And maybe, on the other side, it might be better tactics to turn the volume down when actual Board stuff is happening. But it’s on the Board to make their case that they’re listening and doing something about it. The Press has more.

Posted in School days | Tagged , , , , , , , , , , , , , , , , , | 7 Comments

Fairfield developers accuse state of lying about buying the park property

Getting spicy out there.

While state officials are planning to vote Saturday on whether to attempt to use eminent domain to claim Fairfield Lake State Park, the Dallas-based developer who now owns the land wants Texans to know that the state had its chance to buy the park multiple times and failed to do so.

The park closed to the public earlier this week after Todd Interests closed its contract with Vistra, which had leased the land to the state at no cost for about 50 years. Vistra first alerted park officials it would be terminating its lease in 2018 and gave Texas the opportunity to purchase the property before eventually listing it for $110 million in 2021.

While most of the nitty-gritty details of the saga surrounding the state’s loss of the park have remained between businessmen behind closed doors, evidence of the drama and last-ditch efforts have slowly trickled into public eye, including a letter from the Attorney General’s Office to Todd Interests, a $95 million offer from the state to Vistra in June and a letter penned by Todd Interests’ three partners calling the state’s efforts to buy the land “sabotage.”

Following the publication of the letters, Todd Interests founder and CEO Shawn Todd described to The Dallas Morning News a pattern of what he called intimidation from multiple state entities and lawmakers in a months-long effort to prevent his family’s firm from acquiring the 5,000-acre property about 80 miles southeast of Dallas. His firm plans to build a luxury gated community on the land, including multimillion-homes, a golf course and a country club.

A Texas Parks and Wildlife Department spokesperson told The News it would not be providing interviews ahead of Saturday’s meeting.

Todd said his firm’s interactions with Arch “Beaver” Aplin III, chairman of the Texas Parks and Wildlife Commission, began in September after Todd Interests had the land under contract with Vistra.

He said Aplin told him he didn’t want to interfere with a business transaction but asked if the park could remain open within the development because it would be “incredibly embarrassing” for the state to lose a park during the department’s 100th anniversary. Todd declined.

Late last year, Todd said, he and Vistra CEO Jim Burke had a closed-door meeting at the Capitol in Austin with several state legislators and TPWD leaders who “expressed their strong sentiments against Vistra selling their property to our firm.”

A Vistra spokesperson confirmed Burke was at the meeting. The conversation ended with Todd Interests and Vistra agreeing to extend their contract 30 days to let the state bring an offer to them, which it did.

Todd said he and Vistra declined the offer in February but that his firm “gave them multiple opportunities to buy the park” afterward.

Text messages between Todd, Aplin, and Burke detail some of these opportunities, including Todd offering to complete his firm’s purchase of the land then selling the majority of the existing park to the state for $60 million, The News’ editorial board reported. Aplin declined, saying the state wanted to buy the entire 5,000 acres.

In a June 2 news release, TPWD Executive Director David Yoskowitz said the department wanted “to conduct realistic negotiations with realistic conditions. Unfortunately, Todd Interests would not work with us, and now we need to pursue other options.”

Todd called this a lie.

“The narratives being told by Chairman Aplin that the state had the money [to buy the park] and the Todds wouldn’t let the state buy it was nothing further from the truth,” he said, adding that the state “always wanted something on the cheap.”

Vistra confirmed to The News on Thursday that it had not received a formal offer on the property from the state before a June 1 letter offering $95 million. A spokesperson said in an email the company was bound by its contract with Todd Interests and could not legally negotiate with the state.

See here and here for the relevant bits. I said the state screwed the pooch on this one in my last post, and I don’t see any reason to revise that at this time. Maybe the state will move forward with eminent domain here, which should eventually get them the land back, likely at a higher price than they would have needed to pay originally. It won’t be pretty and who knows how long it might take if it ends up in court, but in the end the state ought to prevail. Whether they will have learned anything from the experience, which was the consolation prize I was hoping for at the beginning when it looked like there was no way forward, that remains to be seen.

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

We’re starting to hear from the Managers of the Board

Bits and piece, dribbles and drabs.

New Houston ISD board of managers members are pledging to earn families’ trust amid outcry from segments of the community who view board members as little more than rubber stamps for state-appointed Superintendent Mike Miles.

The public will get its first look Thursday at the new board of managers, which is made up of nine Houstonians appointed by the Texas Education Agency to oversee HISD on an at-large basis, replacing elected board members who each represented geographic areas. Board members are adamant, however, that the nature of their appointments — which can only be reversed by Texas Education Commissioner Mike Morath — and the elimination of the geographic representative system will not affect their ability to govern the whole 189,000-student Houston school system effectively.

“This board is really focused on identifying that every single child in this district has a great opportunity for education; we’re not focused on a particular district or neighborhood or the people that live close to me,” said Audrey Momanaee, a trial attorney whom Morath recommended as board president. “For all of us, the charge is that every single kid gets the opportunity to learn and that everybody in the district is represented.”

Momanaee’s recommendation as board president is expected to be ratified at Thursday’s inaugural board of managers meeting. Ric Campos, a Houston business leader, was recommended as vice president, and Angela Flowers, a longtime teacher and school administrator who will teach at a private school in the fall, was recommended as secretary.

Selected from 227 eligible applicants who underwent initial training, the incoming board is largely made up of white-collar professionals, almost all of whom have sent their children to HISD schools. Board members insist they are beholden only to Houston families, but some community members have expressed frustration that few have direct experience as educators, and fear that they will bring an industrial mindset to their children’s education.

“It’s no good at all. It’s all about privatizing education and bringing charter schools in,” said Travis McGee, a longtime education activist from Sunnyside. “As long as I’ve been involved, I never saw any of those people anywhere around education, never saw them at any board meetings. So that should be a problem for everybody.”

[…]

“The intervention is something that has happened and it’s in the past, we had no part of that (but) we’re part of going forward in the future. So I think we need to focus on what we can do in the next year or so to turn schools around quickly and to support the superintendent,” said Campo, chairman and CEO of Camden Property Trust and a board member of the Greater Houston Partnership, which has expressed support for the takeover.

Other critics of the takeover say that while fears around the takeover and its potential to drive charter school growth are well-founded, focusing their opposition on the Board of Managers is misguided, if only because they believe the new board is just a “rubber-stamping group of folks” without any real authority. Gwen Pauloski, a retired HISD teacher and education researcher, said that elected school boards have often included private sector workers, but that in the past, those boards would at least have the authority to hire their superintendent.

“My concern is that this whole thing is a red herring,” Pauloski said. “I know Morath is giving the sense that this is a board with some sort of functioning authority, some sort of independence, and I don’t think so at all. I don’t think that’s true.”

This was written before that first meeting; I’m sure I’ll have something to say about how that went. I think by and large the Board is made up of people who want to do right by HISD, but it’s perfectly fine to question their experience, their independence from Mike Morath and their ability to exercise oversight on Mike Miles, and indeed the whole process. As I’ve said, we need this to work, in the sense that it leads to good outcomes for the students and our elected Board back in short order, but that doesn’t at all mean we have to take anyone’s word for anything. Trust must be earned.

There’s another point to discuss regarding this Board.

A Houston Landing review of voter registration records shows the primary residences of seven of the nine appointed board members are in affluent neighborhoods west of downtown, leaving many lower-income parts of the district without nearby representatives. While the board largely reflects HISD’s ethnic and racial diversity, some families and local leaders are wondering how the new board members will address issues unique to communities that don’t have a local trustee representing them.

Those concerns are amplified by Miles’ early comments about dramatically reshaping dozens of schools and potentially closing some HISD campuses — actions that will be acutely felt in many neighborhoods outside of the city’s higher-income areas. They’re also informed by skepticism about past TEA interventions, including the agency’s contentious annexation of North Forest ISD into HISD about 10 years ago.

Ivory Mayhorn, president of the East Little York / Homestead Super Neighborhood, which includes North Forest High School, said the appointments were “so inconsiderate (that) if you don’t laugh at it, it’ll make you kind of wanna go do something crazy.”

TEA did not respond to a request to comment on the board’s selection or confirm the appointed members’ place of residence. The appointed board is scheduled to hold its first public meeting Thursday evening.

In interviews over the past week, Miles and four of the new board members said they will connect to communities without geographic representation through outreach and engagement.

Board member Janette Garza Lindner, who lives in Houston’s affluent Heights neighborhood, described spending eight hours on the phone the day she was publicly announced as a board member. People were eager to help her capture the voices of children and families who are “not heard,” she said.

“It’s important they get to know us, and we get to know what their perspective is on the challenges in the district and what they want to see to improve education for their kids,” Garza Lindner said.

Board member Cassandra Auzenne Bandy, the lone representative with a primary address on the city’s lower-income northeast side, said she will have “boots on the ground” in the district. She added that she has reached out to community members and former board members for insight and collaboration.

“You wouldn’t be able to tell me, as a fourth-generation HISD student, that I don’t represent my community,” Auzenne Bandy said. “I have ties all around Houston through my family and friends. And I believe that I personally do represent HISD, and I believe our board does, because we’re all parents. We’ve all had children that have gone to school.”

[…]

HISD elected trustee Judith Cruz, who technically remains in office but had all of her powers stripped last week, said the previous board setup made it easy for trustees to get into a “single-member mindset,” with members mostly focusing on their own community. She said the district might benefit from a collective vision for all neighborhoods in HISD.

At the same time, Cruz said it will require “intentionality” to ensure her region has a seat at the table. Cruz represented a mix of neighborhoods, including largely lower-income areas on the city’s east and northeast sides.

“When you’re from that community, you usually have a shared understanding of the different needs that you can bring and share as you’re making decisions,” Cruz said. “They’re going to have to go to communities that they haven’t necessarily visited.”

Like I said, trust must be earned. This is the sort of thing that we the public can and should keep an eye on and raise our voices over if these promises are not being kept.

One more thing:

Although there has been a lot of community outrage expressed about this board — all appointed by Texas Education Commissioner Mike Morath — replacing an elected board, [Michelle] Cruz Arnold pointed out what she said was one benefit, particularly considering the fact that some former elected trustees either exerted illegal pressure on vendors or in a few cases, collected payoffs to steer contracts to certain businesses.

“As a board one of the things that makes us unique is that we are not elected. We didn’t have to run for elective office, we didn’t have to raise funds, we didn’t have to campaign so that puts us in a slightly different predicament. We can make decisions differently.,” she said, adding that she was not saying appointed is better than elected, just that it’s different.

“We are very committed to meeting the exit criteria as quickly as we can so we can return the district to an elected board. As quickly as we can but doing it the right way, of course. We are committed to governing this district in the way that this community deserves,” Cruz Arnold said.

“As part of that effort we will look at board policy to make sure that board policy lives up to the vision and the values of the community and that it is done in the best interests of the community and students and where it doesn’t, we’ll make changes,” Cruz Arnold said.

I’ll be honest, I have no idea what she’s trying to say here. I’ll be generous and assume she just didn’t express herself well. But this kind of gets at what has nagged me about the way the TEA went about the appointment process. We the stakeholders of HISD are just now, a week after the takeover and the appointment of this Board, learning who these people are and what they have to say for themselves. If you really want to talk about the difference between an elected Board and an appointed one, in the former case we have had months to get to know the folks who will ultimately wield this decision-making power over our schools, our teachers and principals, and our kids who attend those schools. To be sure, not everyone takes advantage of that opportunity, and some candidates (*cough* *cough* Dave Wilson *cough* *cough*, yes I know he ran for HCC Board but it’s the same principle) do their best to obscure who they are. It’s still the case that more than two months in advance of the process to pick them, we know who’s in the running and can try to suss out what we need to know about them.

Contrast that to here, where there were hundreds of applicants, with no way to confirm their candidacy if there were any questions about their identity, and we never knew who was even in the running until we got the finalized list. It was like waking up to find out you have a new stepmom when all you knew before was that your dad had joined EHarmony. I want to give these people some grace, but I need them to understand why the general public is so suspicious. And then to act accordingly.

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City settles dumping complaint with Justice Department

Good.

Houston will not face punishment after settling a Justice Department probe into whether the city’s system of responding to illegal dumping calls violated the Civil Rights Act by disregarding Black and Latino neighborhoods.

Mayor Sylvester Turner’s administration reached a three-year voluntary resolution with the federal government, officials announced at a Tuesday afternoon news conference. The settlement comes after Turner announced a $17.8 million plan to crack down on dumpsites in March, eight months after the inquiry’s start. The feds said that alleviated many of their concerns.

Turner’s plan, known as “One Clean Houston,” seeks to expedite cleanups, increase surveillance and enforcement, and prioritize the areas hardest hit by roadside trash. The voluntary resolution builds on the plan by requiring the city to conduct additional community outreach, to monitor and provide more data about its response, and to explore tougher enforcement of commercial dumpers, among other efforts.

The mayor said Tuesday the plan already has proven effective: The average response time to dumpsites has fallen from 49 days to 11 days; the city has filed 110 criminal cases thus far this year, quadruple the number from the same period last year; and the city is set to partner with the Harris County Precinct 1 constable’s office to continue boosting enforcement.

“I think we have made a significant step in improving the quality of life for everyone who lives in our city,” Turner said. “Sometimes things don’t have to be contentious. Sometimes by working together, we can end up with a better product, and I believe today … we have ended up with a much better result.”

[…]

The agreement also requires the city to restore a neighborhood equity dashboard within 90 days, which will help federal monitors analyze the city’s responsiveness by demographic group and geographic area. The city will file reports every two months for the first year, and then quarterly after that.

Robert Bullard, a professor at Texas Southern University who has been called the father of environmental justice, hailed the agreement. It is just the second time the DOJ has reached a civil rights settlement for environmental justice.

“Illegal dumping, this isn’t new, it’s been going on forever, with no money behind it,” Bullard said. “But it’s a new day. … The challenge right now is, it’s the city and the feds with the money, but the state of Texas is not doing anything. When we talk about infrastructure and waste management, our cities are neglected.”

See here and here for the background. When I wrote about “One Clean Houston”, I didn’t make the connection to the DOJ investigation. I’m glad to see that the effect of the “One Clean Houston” initiative has been so positive. Everyone seems happy with this resolution, and that’s great.

Houston Landing adds an interesting detail.

The investigation of Houston’s response to illegal dumping was something of a test case for the Justice Department’s role in fighting environmental discrimination. Clarke’s division last month reached its first-ever environmental justice settlement using civil rights laws, in a case involving sewage system failures in Lowndes County, Alabama, near the state capital of Montgomery.

That settlement was accompanied by a series of findings that Alabama authorities failed to help Black residents. No such findings accompanied the agreement that the Justice Department reached with Houston. Clarke sidestepped a question about whether federal investigators turned up evidence of discrimination.

“We are now focused on remedying the problem, remedying the issue of illegal dumping,” Clarke said. “So no findings have (been) issued. We are now focused on putting the city on (a) path to reform.”

Even better. Go get ’em, I say.

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Big XII remains “open” to more expansion

Maybe they’ll eventually call themselves the Big XVI.

The Big 12 is open to further expansion, commissioner Brett Yormark said Friday, as the league prepares to welcome four new members, including the University of Houston, on July 1.

Expansion was among the topics during the Big 12’s three-day business meetings that wrapped up Friday at The Greenbrier Resort in White Sulphur Springs, W.Va.

“We have a plan,” Yormark said on a video conference call with reporters. “As I’ve said all along, we have an appetite to be a national conference in our makeup from coast to coast.

“That being said, we love our current composition and the four new schools that are joining next month. However, if the opportunity presents itself to create value, we will pursue it.”

The Big 12 has shown interest in adding more members with the departures of Texas and Oklahoma to the SEC in 2024. The league will expand to 14 schools in July with the addition of UH, BYU, Central Florida and Cincinnati.

There continues to be instability with conference realignment with UCLA and USC set to leave for the Big Ten and the Pac-12’s ongoing media rights negotiations casting an uncertain future for that league. The Big 12 has been linked as a possible destination for Colorado, Arizona, Arizona State and Utah.

The Big 12 could also consider basketball-only schools Gonzaga and UConn, adding to its cache that is already regarded as the strongest men’s basketball conference in the nation.

“We do believe in the upside of basketball moving forward as a collective group,” Yormark said. “We think it’s undervalued. There’s a chance for us to double down as the No. 1 basketball conference in America, but football is the driver and we all know that. We’re going to consider all options.”

Yormark said the Big 12 will take “guiding principles” into consideration when looking at possible expansion candidates, among them academic alignment, leadership, cultural fit, geography, and athletic performance.

Texas Tech president Lawrence Schovanec, chair of the Big 12’s board of directors, said the conference’s presidents and chancellors are taking “a very open attitude” to expansion.

See here for the previous update. Nothing really new here other than the mention of UConn as a basketball addition, but the passage of time and Colorado’s open interest in exploring its options make this timely. Remember when there was a couple of years in between major conference reshufflings, which provided the veneer or temporary calm? Yeah, we’re over that. Hold onto your butts.

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Dispatches from Dallas, June 9 edition

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

This week in news from DFW, we have a grab bag. Who’s in and out in the Democratic primary for CD-32; Collin County is split on voting machines and Ken Paxton’s impeachment; the Joppa asphalt plant is finally closing; HEB expands into Dallas, specifically South Dallas; various shenanigans in Fort Worth around race and LGBTQ diversity; your regular dose of Clarence Thomas and Harlan Crow; and last but not least, barbecue feuding and Dallas’ diversity of donuts.

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Buzbee will do Paxton’s defense

Sure, why not?

A crook any way you look

Tony Buzbee, a high-profile and boisterously outspoken Houston attorney who defended former Gov. Rick Perry against abuse-of-office charges, will lead suspended Attorney General Ken Paxton’s legal defense team in his impeachment trial.

Buzbee had said on his Instagram profile Friday that he’d been retained by Paxton but later deleted that post. On Tuesday, Buzbee told The Texas Tribune he would lead Paxton’s defense team, though other lawyers also will be involved.

In a new Instagram post Tuesday, Buzbee announced a 2 p.m. Wednesday news conference in Austin “regarding the fatally flawed impeachment of Attorney General Ken Paxton.”

“I will provide further details at that time, which will include our hopes that the process in the Senate will be fair, reasoned and transparent,” Buzbee wrote.

Buzbee is the latest big-name attorney to join the fray in Paxton’s impeachment trial. Texas legal giants Dick DeGuerin and Rusty Hardin will serve as the lead prosecutors for the House impeachment managers, lawmakers announced Thursday.

See here for a bit of background and here for an image of Buzbee’s deleted Tweet. Both the House impeachment team and the now on-leave Paxton loyalists from the AG’s office are full of experienced attorneys who I’m sure could have presented their side’s case to the Senate. It’s hardly a bad idea to have these guys on your team, especially if you feel like a part of your mandate is convincing the public that yours is the righteous side, but it does feel a bit like gilding the lily. I wonder if it was always the plan to hire big names for each side, or if one did it first and the other scrambled to catch up. I will wait for the oral history or prestige podcast to tell me that part of the story. I’m sure the Lege’s livestream will draw its best numbers ever when this one gets called to order. The Chron, Reform Austin, Texas Public Radio, and the Press have more.

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

Federal judge halts Florida’s ban on gender affirming care

Hopefully, a preview of our future.

A federal judge delivered a stinging rebuke to Florida Gov. Ron DeSantis and the Republican-controlled Legislature over rules and a new state law that banned minors from receiving “puberty blockers” and other types of gender-affirming care.

U.S. District Judge Robert Hinkle on Tuesday blocked the state from applying the ban to three minors whose parents are part of an ongoing lawsuit, saying they would “suffer irreparable harm” if they were not allowed to continue access to hormones and other types of treatment.

Hinkle’s 44-page ruling called the decision to pursue the ban on puberty blockers and hormonal treatment a political decision and not a “legitimate state interest.” Several states — including Texas — have also recently enacted bans on gender affirming care.

“Nothing could have motivated this remarkable intrusion into parental prerogatives other than opposition to transgender status itself,” wrote Hinkle, who was appointed by former President Bill Clinton.

Hinkle also added that “the statute and the rules were an exercise in politics, not good medicine. This is a politically fraught area. There has long been, and still is, substantial bigotry directed at transgender individuals. Common experience confirms this, as does a Florida legislator’s remarkable reference to transgender witnesses at a committee hearing as ‘mutants’ and ‘demons.’ And even when not based on bigotry, there are those who incorrectly but sincerely believe that gender identity is not real but instead just a choice.”

Hinkle’s “mutant” and “demons” comment is a reference to state Rep. Webster Barnaby (R-Deltona), who in April disparaged transgender people during a Florida hearing on a bill, eventually signed into law, that makes it a misdemeanor offense for someone to use a bathroom that doesn’t align with the sex they were assigned at birth.

Hinkle also rejected the assertion, made by DeSantis and Republicans, that Florida was following the lead of European countries, saying that the state ban goes far beyond what is in place abroad.

It’s a good first step. Texas’ ban goes into effect in September, and I expect there will be a lawsuit filed here shortly thereafter. A couple of weeks ago the Department of Justice sued the state of Tennessee over their ban. I’m less worried about what a district court judge may do – it’s what the appellate courts and SCOTUS do that will really matter – but you have to start somewhere. This was a good start. Reuters and the Associated Press have more.

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Miles picks a team

He keeps moving, I’m trying to keep up.

Newly appointed Houston ISD Superintendent Mike Miles‘ first cabinet selections include a mix of HISD staff members, former employees of his charter school network, administrators from across Texas and educational analysts.

Miles’ appointments, announced Monday, are among a bevy of changes to hit the 187,000-student district at the beginning stages of the state’s takeover. District officials have informed central office staff members that they need to work on Fridays during the summer, instead of the planned 10-hour days Monday through Thursday. And officials also released a timetable for staff reapplication process for 29 schools in the Wheatley, Kashmere and North Forest high school feeder patterns.

Houston Education Association President Michelle Williams said Monday that teachers are ready to work with Miles – but he must not “bully” educators as she said he did when he was superintendent of Dallas ISD.

“Requiring teachers to go through a reapplication and interview process to keep their jobs is the wrong focus,” Williams said. “The problems in HISD are systemic and rooted in the historic failure of the governor and the Legislature to provide enough funding, not only for classroom resources but also for the health care and other support services that most HISD students need to have a chance at success.”

[…]

The new superintendent selected as his chief of staff, Kerri Briggs, the former D.C. State Superintendent of Education who most recently worked as a partner at the consulting firm Cicero Group. As a school district leader in Washington, she played a role in passing reforms that Miles has planned for Houston including “rigorous teacher evaluation and linkage of pay to student performance,” according to the Washington Post.

Briggs was also the founding director of education reform at the George W. Bush Institute and served as the 43rd president’s assistant secretary for elementary and secondary education after working at the U.S. Department of Education for eight years.

Miles also named his three division superintendents, who will be responsible for overseeing subsets of the district, including Orlando Riddick, former superintendent of Cedar Hill ISD and Midland ISD, where the district partnered with the charter school network IDEA Public Schools under his leadership to open 14 schools in Midland and Odessa, according to the Midland Reporter-Telegram.

The other two division superintendents are Luz Martinez, former chief of equity, diversity and inclusion at Round Rock ISD, and Imelda De La Guardia, who most recently served as an assistant principal in Spring Branch and formerly worked as a school improvement officer and area superintendent at HISD.

Though several high-ranking HISD officials have left the district since plans for the takeover were formally announced in March, three have stayed and will resume their role under Miles’ administration.

Wanda Paul will continue in her role as chief operating officer, which she has held since 2021. As COO, Paul is responsible for a team of over 6,000 employees who provide transportation, nutrition and building services.

Scott Gilhousen, who has worked as HISD’s chief information officer since 2019, will continue to oversee the district’s technological needs. Catosha Woods will remain general counsel for the district, where she has worked since 2013, according to her LinkedIn.

I don’t know any of these names – the Houston Press provides some bios in their story – so my input here is limited. On the one hand, it’s nice to see a few HISD holdovers, given how much turnover there’s been among senior staffers. On the other hand, anyone with “founding director of education reform at the George W. Bush Institute” on their resume is going to get some major side-eye from me. I’ll just leave it at that.

Meanwhile, the Press also spoke to a couple of BoM members.

One crucial difference of Houston ISD’s Board of Managers from the school board members who preceded them is that each of the nine new members will be responsible for the district as a whole, rather than one particular part of it.

Newly named board member Cassandra Auzenne Bandy made that point in a joint interview with fellow board member Janette Garza Lindner Monday, in a discussion with the Houston Press. It was one of a series of tag team interviews with the media the pair gamely tackled Monday afternoon at the Hattie Mae White Administration building. They are two of the Board of Managers appointed by Texas Education Commissioner Mike Morath as part of the TEA takeover of Houston ISD. Morath also appointed Mike Miles superintendent.

“We have a gift that we aren’t tied to districts. We as a board can focus on all areas of the HISD community. We can engage with our community across districts,” Bandy said.

[…]

Equity of service was also a crucial point that Garza Lindner made. Garza Lindner, a management consultant in the energy industry, who lives in the Heights area and declined to name the schools her children attend, ran against school board member Elizabeth Santos in the last board election, losing narrowly.

“The data shows the children are falling behind especially the Black and Latino children in Houston,” Garza Lindner said. ” Because of that, she said, she applauds the real sense of immediacy Superintendent Mike Miles has initiated to get to the source of the problems and make corrections.

“I do appreciate his urgency. It’s been far too long that we’ve been failing a a lot of our kids. While a lot of other kids have been in great schools we know that there are kids that are underserved across the district. This is urgent work for anybody who knows that kids deserve better,” Garza Lindner said.

While neither of these women appeared to be focused on just one issue, Garza Lindner has a special interest in the arts. “Integrated arts education is dear to my heart because I know that’s something that’s kind of fallen short with a lot of the energy on STEM. I’m kind of like ‘Where’s the A?’ We gotta make that STEAM.

“I see the experience and my work with Arts Connect Houston, I’ve seen the data that shows how student outcomes improve with education that has arts integrated into the curriculum.”

Board of Managers members will begin community meetings across the district to hear what residents have to say about HISD and Garza Lindner and Bandy are more than aware that some in the audience may respond in a heated manner, not happy about the TEA takeover.

“What the community is feeling is not wrong. It’s not wrong at all,” Bandy said. “Jeanette and I are stakeholders. We’re in the community. A lot of this uncertainty is what drove us to be here today. The community is not wrong. It’s going to be our job to engage with them, let them know this is a passion for us. We’re parents. We live here. We care about students. We care about our neighbors.”

As Garza Lindner put it: “I’m really excited to work through that anger to actually get to the nuggets of what is it we really want to see as we move this district forward. Whatever energy people bring to it, I’m really excited to hear that.”

I plan to do an interview or two with BoM members (I need a better term for them) in the near future. If there’s a question you want me to ask, leave it in the comments. As far as the, um, energy they’re likely to get from the community, they’ll experience it soon.

Houston organizations are planning to protest next week at the Houston Independent School Districts’ first meeting with the new Texas Education Agency-appointed superintendent, Mike Miles, and the nine-member board of managers that are replacing the elected HISD board of trustees.

The protest, which will take place on Thursday, June 8, at 4:15 p.m. at the Hattie Mae White Education Support Center, comes after the state agency announced the new leadership changes on June 1. Miles detailed some of his plans with local media and in a Friday morning press conference. TEA announced the initial takeover of the district in March.

In response, local education and legal groups said the state’s process interferes with the local electoral process. Opponents of the takeover have also said the state oversight doesn’t address district needs, including additional funding and resources for students in economically disadvantaged communities.

Organizations in attendance include the Community Voices for Public Education, ACLU of Texas, the Houston Federation of Teachers, Black Voters Matter, NAACP Houston branch, the Texas Gulf Coast Area Labor Federation, FIEL Houston, and the League of United Latino American Citizens. Protest organizers said the rally would include a short press conference before the 5:30 p.m. board meeting, where HISD parents, staff, and students will speak.

Here’s a press release from the groups in question. That’s happening today, I’ll look for a report of how it went afterwards.

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Texas blog roundup for the week of June 5

The Texas Progressive Alliance is stocking up on impeachment GIFs as it brings you this week’s roundup.

Continue reading

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A Paxton threefer

Law professor Quinn Yeargain points out something I’ve not seen discussed elsewhere.

A crook any way you look

But for both ambitious Texas politicians waiting in the wings and eagle-eyed election observers, one of the most important questions is likely who will succeed Paxton if he’s removed—and how they’ll be selected.

It’s worth noting at the outset that there are two vacancies to consider. The first vacancy occurred automatically upon Paxton’s impeachment. Under the state constitution, impeached officials are automatically suspended when they are impeached—and they either regain their office upon their acquittal or they never return. The second vacancy is speculative, and would only occur if Paxton is actually removed from office.

[…]

Under the Texas Constitution, a vacancy in a “State office,” like Attorney General, is filled by a gubernatorial nomination made with the “advice and consent” of the Senate, and the nominee serves until the next general election. Owing to a 1991 constitutional amendment, there are lots of specific requirements for how this process plays out if the Senate is in recess—which may not actually come into play depending on when the Governor would make such an appointment. (That is, if the Senate was just in session for Paxton’s trial, it would make sense to then promptly consider the Governor’s Attorney General nominee.)

But whenever the Senate considers the nomination, the nominee can only be confirmed with a two-thirds vote. While many gubernatorial nominees in Texas are considered to be non-controversial—Secretary of State Jane Nelson was confirmed unanimously earlier this year, for example—Democrats might balk at an Attorney General nominee put forward by Abbott. They might very well insist that any such nominee serve in a caretaker capacity until the 2024 special election. (Of course, this assumes that (1) Texas Democrats in the Senate would actually hold their ground and (2) that any nominee palatable to them would actually be able to win a Republican primary anyway.)

In any event, a 2024 special election would be held to fill the remaining two years of Paxton’s term. Somewhat surprisingly, vacancies in statewide elected offices are fairly uncommon in Texas. Of the executive-branch offices, the Railroad Commission—which, for the uninitiated, doesn’t actually regulate railroads—has been the source of the vast majority of statewide special elections. In fact, there hasn’t been a special election for any other statewide office since 1862!

Unless the Senate’s trial of Paxton takes months and months, the 2024 special would play out just like any other general election would that year. The filing deadline for the 2024 election is December 11, 2023, and under state law, so long as the vacancy occurs “on or before the 10th day before the date of the regular deadline for candidates to file applications for a place on the general primary ballot”—so, by December 1, 2023—the office will see both a primary and general election unfold as normal.

I skipped the discussion of the first appointment, as Greg Abbott has since installed former SOS John Scott into that position; Yeargain’s post was written prior to that. What interests me is what might happen in the event that Paxton is convicted by the Senate. Forget the odds of that for a minute and just go along with this. I knew that Abbott would appoint a replacement, and I’ve discussed the opportunity for Dems that could provide. What I hadn’t thought about before I read this was that Abbott’s appointed AG would still need to be confirmed by the Senate, with a two-thirds vote. Which means at least two Dems would have to support whoever he picks, or else he has to pick again.

At least, that’s my reading of the relevant Constitutional text, which quickly gets bogged down in numerous scenarios involving whether or not the Senate is in recess or a special session, which is where we are now. For sure, this person would be on the ballot in 2024, and would have to make it through a primary if they wanted the job fulltime. Whether Dems should agitate for a caretaker or try to influence Abbott’s pick in some other way is a question we can defer for now, but I feel reasonably confident that they will be unified. There’s no Eddie Lucios in this Senate, so while there may be some differences of opinion on strategy, no one is going to just embrace whoever Abbott picks.

Moving on, that settlement agreement that Paxton had with those whistleblowers is almost certainly toast now.

To a layperson it might seem obvious that if the Legislature declined to approve the payment outlined in the settlement agreement and voted to impeach Paxton instead, in part because the OAG made the agreement for shysterish reasons, then the settlement agreement is no longer in effect. Surely there’s some fancy legal principle that shoots down the OAG’s argument. Nullus felix equus cacas, perhaps? We put that question to two lawyers with expertise in employment and whistleblower law, and while our Latin is iffy and tasteless, the principal is clear: The settlement agreement is dead.

Settlements are contracts, Austin Kaplan with the Kaplan Law Firm told us. If the settlement is contingent upon money being paid but none is forthcoming, then the settlement agreement is no longer in effect. In this case, “the Legislature says no, no, and hell no, and impeaches the attorney general,” then obviously the contingency included in the settlement agreement hasn’t been met.

Michael Maslanka, an associate professor at the UNT-Dallas College of Law, said much the same: “The settlement agreement was contingent upon the Legislature, therefore the settlement agreement is off, full-stop.”

Maslanka said it’s a rule in law that courts give a “reasonable interpretation” of the language in contracts in order to achieve the intent of making the agreements. In this case the intent was to settle the case now, “not in 2040.”

If the Supreme Court agrees that the settlement agreement is no longer in effect, then it’s free to rule on the OAG’s original appeal, the one that put the brakes on the case. In it, the OAG argues that Texas’ Whistleblower Act, intended to protect government employees who report wrongdoing by their bosses from retaliation, applies only to actions by state agencies themselves and public employees. Whatever bad things Paxton might have done weren’t done by the agency itself, the OAG’s argument goes, and Paxton is a different species of fish. He’s an elected official, no mere public employee, an argument Maslanka described as “a distinction without a difference.” (A non-lawyer might simply ask, “So where’s ol’ Ken drawing his paycheck from, then?”)

Judge Karin Crump of the 250th District Court in Austin, where the original case was filed, rejected the OAG’s argument about the scope of the Whistleblower Act, as did the 3rd District Court of Appeals in Austin.

“We decline to adopt the interpretation of the Act proposed by the Office of the Attorney General of Texas (OAG), which would have the effect of stripping whistleblower protections from employees who might report misconduct by the thousands of elected officials throughout the State — particularly by those who direct and lead the agencies of this State,” the appellate court wrote.

Kaplan said the notion that the Whistleblower Act was not intended to apply to the very people with the most power to both commit bad acts and punish those who report them “would make absolutely no sense … If the law were to protect anything, it would apply to these set of circumstances.”

See here and here for a bit of background on the matter still pending before SCOTx. Suffice to say, I agree with this interpretation of the Texas Whistleblower Act and have written as much in the past. The main point here is that Paxton’s days of fighting this in court will resume, and may continue on for some time barring a bad ruling from the Supremes. If that happens, whatever the outcome in the Senate, I wouldn’t count on any further settlement offers.

And finally, just a reminder, there’s no evil billionaire like an evil Texas billionaire.

Political activists financed by two billionaire oilmen — famous for backing right wing Republicans — are riding like cavalry to save suspended Attorney General Ken Paxton from a scalping in the Texas Senate.

Billionaires Tim Dunn and Ferris Wilks are arguably the most influential donors to right wing candidates and causes in Texas, funneling tens of millions of dollars to political action committees and candidates that espouse their religious-right and anti-public-school agenda.

Dunn, CEO of drilling company CrownQuest Operating, and Wilks, who sold his fracking company, are the largest donors to Defend Texas Liberty PAC, one of Paxton’s largest campaign financiers, according to public records. The billionaires gave the PAC more than $10 million of the $11 million it has raised from 2020-2022. The PAC passed $1.25 million of that money, along with a loan for $750,000, to Paxton.

Dunn, Wilks and Defend Texas Liberty together also gave former state Rep. Bryan Slaton $223,000 as three of his four largest donors. The Texas House expelled Slaton last month for plying a 19-year-old staffer with alcohol and having sex with her.

Defend Texas Liberty is managed by former state Rep. Jonathan Stickland, who, alongside Republican Party of Texas Chair Matt Rinaldi, was a founding director of another PAC called Texans for Fiscal Responsibility. That group, which is not required to disclose donors, was founded by conservative activist Michael Quinn Sullivan, long considered the enforcer of right wing orthodoxy in Austin. Dunn and Wilks are widely reported to finance Sullivan’s activities.

These are the people who give deplorables a bad name. Read the rest if you feel the need to make yourself angry.

UPDATE: Since I drafted this, there have been some reports that have claimed to identify Ken Paxton’s alleged mistress. I’m queasy enough about the sourcing of this to not want to include her name here, but those reports are out there and I figure someone will mention them in the comments if I don’t at least acknowledge their existence. Do what you will with this information.

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Fairfield State Park closes again

What a rollercoaster.

For the second time this year, the state has closed Fairfield Lake State Park after it was unable to negotiate the purchase of the property from a developer.

After several attempts to save the 1,820-acre park, Texas Parks and Wildlife announced over the weekend that Shawn Todd, founder and CEO of Dallas-based Todd Interests, declined the state’s $25 million offer to give up the company’s contract for the 5,000-acre property that includes the park, located about 100 miles south of Dallas in Freestone County.

The park was closed to the public Sunday night. The agency says it will now explore using eminent domain and condemnation to seize the land, which the state had leased for decades before it was sold to Todd Interests earlier this year.

“Texas Parks and Wildlife Commissioners continue to pursue options for saving Fairfield Lake State Park, including through condemnation,” Texas Parks and Wildlife Commission Chair Arch “Beaver” Aplin III said in a press release. “But in the meantime, department staff must focus on decommissioning the property before our lease ends June 13.”

The agency’s commissioners have scheduled a June 10 meeting to discuss acquiring the park through condemnation.

Parks and Wildlife said its commissioners took “persistent and extraordinary steps” to negotiate with Todd Interests to buy the park.

Shawn Todd and his sons Patrick and Philip Todd, who own and manage Todd Interests, expressed “astonishment” and “surprise” that state officials are considering condemnation in a letter they sent to TPWD on Tuesday.

The state had numerous opportunities to acquire the property that includes the park, the letter says. “The State of Texas, however, has spent the last eight months working to derail our transaction and diminish our transactional rights,” it says.

The letter said the company has begun executing its development plan and investing millions of dollars in related contracts. Construction equipment arrived at the site Monday, the letter added. Shawn Todd has said the company plans to build a private golf course and luxury gated community on the property.

TPWD has begun to remove equipment and relocate staff members, according to an agency press release.

“We’re back to square one,” said Luke Metzger, the executive director of Environment Texas, a statewide environmental group that has advocated for saving the park. “It’s unfortunate [TPWD] has to go this route but they’re in a strong position to exercise their rights to save the park.”

See here for the previous update. I was sent a copy of the letter from Todd Interests, which you can see here. They are understandably upset by all that has happened, and were pretty damn blunt in their response. That includes this paragraph, which I plan to frame and hang on my wall:

Additionally, the esteemed Attorney General Ken Paxton’s office sent a letter directing us to preserve evidence as if we had been involved in a crime. We assume this was purely an effort of intimidation as it contains nothing of legal substance – simply theatrics for the media in an effort to interfere with our lawful contract. The letter is dated May 25th, the same date that articles of impeachment were filed against the Attorney General.

Now that is the level of esteem in which Ken Paxton should be held. Kudos to whoever wrote that.

You can feel however you want about this project. I’d rather Fairfield remain a state park, and as noted before I say that as someone who is not a state park person. But it’s abundantly clear that the state of Texas screwed the pooch on this. They could have bought this land any time, but because it was cheap and convenient to continue with the lease arrangement, the Lege allowed it to continue, and now here we are. Todd Interests is quite right to bemoan the hypocrisy of the flexible Republican stance on eminent domain, even if the public good of exercising it is obvious. We had plenty of opportunities to avoid this situation, that’s all I’m saying. The Chron and the Current have more.

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Ashby 2.0 gets sued

Let’s party like it’s 2007, baby!

Did you miss me?

Just when the 16-year battle over the proposed Ashby high-rise site in Boulevard Oaks appeared to drawing to a close, opponents have filed a lawsuit that again puts the fate of the project into question and reopens one of the most contentious land-use cases in Houston’s history.

Neighbors of the proposed high-rise at 1717 Bissonnet filed a lawsuit in Harris County District Court on Friday asking a judge to decide if the project is following rules set in a 2012 agreement between the city of Houston and the developer of what was then known as the Ashby. If the judge sides with neighbors, the project could be halted, sending current developer, Dallas-based StreetLights Residential, back to the drawing board and delay further construction of the high-rise, now named the Langley.

[…]

At the root of the neighbors’ lawsuit is an agreement known as a restrictive covenant, which specifically outlines what can be built on the property, including details about its density and size.

StreetLights argues its revised plan adheres to the restrictive covenant, but opponents say there are too many discrepancies. A key point of contention is the size and layout of a pedestrian plaza, which opponents say differs too much from the proposal outlined in the covenant.

They argue that the plaza is about 20 percent smaller than what is required, and that the layout of the plaza would encroach on the city’s right-of-way — eating into public sidewalks and streets, said Pete Patterson, the attorney representing the neighbors.

StreetLights maintains that its design for the plaza is actually bigger and better than the 2012 plan.

StreetLights argues its revised plan adheres to the restrictive covenant, but opponents say there are too many discrepancies. A key point of contention is the size and layout of a pedestrian plaza, which opponents say differs too much from the proposal outlined in the covenant.

They argue that the plaza is about 20 percent smaller than what is required, and that the layout of the plaza would encroach on the city’s right-of-way — eating into public sidewalks and streets, said Pete Patterson, the attorney representing the neighbors.

StreetLights maintains that its design for the plaza is actually bigger and better than the 2012 plan.

Previously StreetLights has said its new plan would reduce density and traffic because the Langley would featuring fewer units, one fewer floor on the tower and wouldn’t include a ground-level restaurant. The changes from the original plans, however, haven’t satisfied many neighbors.

“Our original hope was that a developer would come along to do something that would be fitting in the neighborhood” such as a lower rise set of town homes, said Penelope Loughead, 69, a plaintiff in the new lawsuit. “You can say it’s one story less, but big deal. Besides being totally out of context in this community of two-story homes, I’m very concerned about the effect of the density on this little tiny street.”

Loughead was part of the original group of neighbors who in 2013 sued to block the the Ashby. Although that suit was unsuccessful, neighbors say they have a strong case against the Langley design.

“What gives me hope and why we’re still in this right now is we have the backing of a lot of neighbors here,” Loughead said.

Okay, fine, the first lawsuit in this saga was filed in 2010, not 2007, by the then-developers against the city. The suit by the neighbors against the developers was indeed filed in 2013. What can I say, after a decade or so my memory of these things starts to get a little fuzzy. I have no clue what any of that legal argle-bargle means, I’m just gonna sit back and enjoy the show.

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Paxton not feeling the love in Collin County

Poor baby.

A crook any way you look

When the Texas House of Representatives voted overwhelmingly to impeach Attorney General Ken Paxton in the waning days of a regular legislative session, some Texans were shocked that the 121 “yes” votes included every representative from Collin County, where voters and local leaders have long rallied behind the now-suspended official’s vocal brand of conservatism.

The booming, largely suburban county north of Dallas has been Paxton’s base of power as he climbed the state’s political ranks, from his first race for the Texas House to becoming the state’s top lawyer. And while changing demographics and some erosion in Republican voting power there have coincided with allegations and scandals that piled up for Paxton, Collin County has still swung for him election after election.

But a unanimous vote to impeach Paxton by the five Republican representatives from Collin County — Frederick Frazier of McKinney, Jeff Leach of Plano, Matt Shaheen of Plano, Justin Holland of Rockwall and Candy Noble of Lucas — exposed a statewide rift within the GOP that’s apparently also been playing out in Paxton’s backyard.

“It has been true that Paxton had the support of Collin County, but that support has been decreasing over the years, and when the crunch came, it was simply no longer there,” said Cal Jillson, a political science professor at Southern Methodist University who lives in Collin County.

A Texas attorney general has never been impeached. For years, though, a laundry list of accusations against Paxton has grown. He’s been under criminal indictment for the vast majority of his tenure in statewide office. The allegations detailed in 20 articles of impeachment accuse him of abusing the powers of his office and firing staff members who reported his alleged misconduct.

In a joint statement after the historic House impeachment vote, the Collin County legislative delegation noted Paxton’s established political credentials but also stood by their decision to impeach and suspend one of their own.

“This was an incredibly difficult vote as, for most of us, Ken has been a long time friend,” they said. “And without question, Ken has been an aggressive and effective warrior defending Texans against federal overreach. Because of that, this was a vote we wish we didn’t have to make and a vote we did not take lightly.”

[…]

The former chair of the Collin County Democratic Party, Mike Rawlins, said the county GOP has helped to insulate Ken Paxton from the fallout of his various scandals.

“The Republican leadership in [Collin] County, from the county courthouse, the judges, the commissioners, state representatives, senators and district attorney, have been a close-knit, closed little fraternity,” he said. “They tend to watch out for each other.”

Jillson, the SMU professor, said as long as Ken Paxton has majority support within the Republican primary electorate, he will continue to win elections. But Jillson noted that the suspended attorney general has struggled to keep support as questions “swirled” around his political and business dealings.

“At some point, the questions about your style, your conduct, your ethical sense, accumulate and become perhaps a drag on your Republican Party and your state,” Jillson said. “And that’s where Ken Paxton is today, with other Republicans recalculating the costs and benefits of standing with him.”

[…]

Since the 1970s, the county has voted Republican in the majority of presidential, state and local races.

But in recent years, the changing population has made Collin County a political battleground.

Since Paxton won his first election in Collin County, it’s been transformed through an influx of younger, more diverse residents, growing by more than 36% from 2000 to 2020, according to census data. The county’s Hispanic, Black and Asian populations have collectively grown from 15% in 2000 to 26% in 2020, while the white population has shrunk from 76% to 50% over the same period.

Paxton’s support has decreased in Collin County over his past three elections for attorney general. In 2014, he won with 66% of the county’s vote. In 2018, that decreased to about 53%, and in his last election in 2022, 52% of Collin County voters cast their ballots for him, according to secretary of state records.

I noted the unanimous Collin County vote against Paxton on Impeachment Day. It’s still one of my favorite things about this saga. I definitely think the change of Collin from a bright red county to a lightly reddish purple county is a big driver of this. In addition to the Paxton numbers noted above, the Presidential numbers went from 65% Romney in 2012 to 56% for Trump in 2016 to 51% for Trump in 2020. And despite the Collin County State House districts being redrawn to fortify the Republican incumbents, none of them are particularly safe:

HD61 – Trump 53.0%, Biden 45.2% — Paxton 54.2%, Garza 42.4%
HD66 – Trump 53.1%, Biden 45.2% — Paxton 55.4%, Garza 42.2%
HD67 – Trump 53.5%, Biden 44.6% — Paxton 54.9%, Garza 42.5%
HD89 – Trump 54.5%, Biden 43.5% — Paxton 55.7%, Garza 40.7%

Those are 2020 and 2022 numbers. It’s not at all crazy to think that Joe Biden could carry Collin County in a 2024 rematch, and if so, that could put any or all of those incumbents in danger. Given that, it seems like a perfectly rational decision to separate themselves from the deeply compromised Ken Paxton, for the small amount of bipartisan sheen they’ll get from doing so.

And given that, as the story briefly notes, Paxton’s years-long fight to have his state securities fraud trial in Collin County might end up being one of the great self-owns of our time. The jury pool in Collin County that he might draw 2024 or 2025 would likely be at best neutral towards him. I’m too lazy to look up when the trial was first moved to Harris County, but the Harris County of 2016-2017 was still considered purple and probably wouldn’t have been all that much more hostile to him than that. In either place, a lot more people now think he’s a crook than did years ago, when he could have had a speedy trial. There’s a lesson in there somewhere, I’m sure of it.

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Second contender for CD32 announces

With more to come, I’m sure.

Justin Moore’s website is here, his Facebook page is here, and you can see that announcement as a Twitter thread here. No news stories that I have seen yet, I got this via Daily Kos’ Wednesday Morning Digest, who spotted it on Trib reporter Patrick Svitek’s Twitter feed. Justin Moore joins Brian Williams and likely at least a couple more. I will keep an eye out on developments and of course the July campaign finance reports.

UPDATE: Indeed, two State Reps are also fixing to jump in; I’ll have more on that tomorrow.

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Expanding HART

Good to see.

More of Harris County’s 911 calls will be diverted to a mental health crisis team instead of law enforcement officers after a year-long pilot program in a handful of neighborhoods handled thousands of non-violent incidents.

Since March 2022, the county’s Holistic Assistance Response Team, or HART, program has dispatched mental health and social work professionals instead of law enforcement to some types of emergency calls. In the first year, it diverted 2,265 calls from law enforcement responses in the Cypress Station area in north Harris County.

The project is a collaboration between the Harris County Sheriff’s Office and Harris County Public Health to free up law enforcement to focus on violent crime, reduce hospitalizations in the county’s safety net hospital system and increase enrollment in physical and mental health treatment plans.

Harris County Commissioners Court voted May 16 to broaden the program from mostly daytime hours to a round-the-clock and expand it into Precinct 4 at an additional cost of $2.9 million.

In the program’s first year, the top three call types HART members responded to involved welfare checks, suspicious persons and mental health calls.

The teams work with homeless residents, people suffering from mental illness and, in some cases, overwhelmed and struggling parents, said Victoria Moreau, a HART program field training officer and crisis intervention specialist.

[…]

Now, the program is expanding to Harris County Sheriff’s Office District IV, a 206-mile area with more than 450,000 residents located mostly within Commissioner Lesley Briones’ Precinct 4.

The goal for fiscal 2024 is to respond to 7,500 calls in District IV, or roughly one-third of the total calls in that area last year that would have been eligible for HART.

“HART makes our community safer by connecting those in crisis with treatment and by freeing up law enforcement officers to focus on violent crime. It is a win-win,” Briones said in a statement.

The county estimates the program will be operating in the expanded area by September, initially hiring two teams and working up to six.

See here for some background, and I encourage you to read their FA page about the program. The point is that not every 911 call requires an armed law enforcement officer. By diverting those calls to a team that is better equipped to handle them, you can get better outcomes and hopefully reduce those calls in the future because you’re addressing root causes and not just dealing with the immediate situation. Plus, your sheriff’s deputies can now spend more time and effort dealing with crime, which is what you want them doing. It’s a win-win, and it’s been used in multiple jurisdictions around the state and the rest of the country. And, as a reminder that elections matter, it’s allowed to work here because we have a majority on Commissioners Court that supports it. The losing candidate for County Judge opposed this program.

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Two 2024 polls

I know, it’s all ridiculously early, but what the heck. Here’s poll #1.

Rep. Colin Allred

The 2024 election is still more than a year out, but a new poll by the University of Texas at Tyler shows Republican Texas Sen. Ted Cruz with an advantage over his newly announced Democratic challenger, Texas Rep. Colin Allred.

Forty-two percent of respondents said they would vote for Cruz and 37% supported Allred. Seven percent indicated “someone else” and 14% responded “don’t know.”

Twenty percent of respondents said they have a very favorable impression of Cruz, 21% said somewhat favorable, 6% indicated neither, 13% said somewhat unfavorable, 36% indicated very unfavorable and 4% said they don’t know enough. Cruz’s favorability was higher among Republicans. Cruz did better among white respondents than Black respondents.

Eight percent of respondents have a very favorable impression of Allred, 13% said somewhat favorable, 12% indicated neither, 10% said somewhat unfavorable, 9% marked very unfavorable and 48% said they don’t know enough about him.

Allred announced his candidacy on May 3. Besides being a frequent critic of Cruz, Allred, 40, is a former NFL linebacker who played for the Tennessee Titans and was a football standout at Baylor University. He later got a law degree from the University of California, Berkeley, before taking positions in the administration of former President Barack Obama.

Poll data is here and you can make of it what you will. This far out, people just aren’t paying much attention and you’re going to get a lot of non-answers. They did ask some questions about abortion, which I will summarize below.

Do you approve or disapprove of the Supreme Court’s decision to overturn Roe v. Wade?


Strongly approve      28
Somewhat approve      14
Somewhat disapprove    9
Strongly disapprove   40
Don't know             9

Are you pleased, upset, or neither that the U.S. Supreme Court overturned Roe v. Wade and ruled that abortion laws could be set by each state?


Upset    45
Pleased  30
Neither  24

Should abortion be illegal in all cases, illegal in most cases, legal in most cases, or legal in all cases?


Illegal in all cases   10
Illegal in most cases  33
Legal in most cases    34
Legal in all cases     22

There are some other questions, which get into murkier and more detailed territory, but these are the ones I wanted to focus on. As I have discussed before, I think there’s a real opportunity to make abortion access a winning issue in Texas in 2024. It’s going to take some careful messaging, and there will be a real disconnect between what Democrats mostly want (basically, abortion as available as it was before the 2013 TRAP law that was later struck down was passed) and what the public broadly supports, but I believe it is doable. The fact of the matter is that abortion is basically illegal in all cases now, and this is the mainstream Republican political position both stated and implied, since they did nothing to even tweak the existing laws despite mouthing a few words in that direction last year. Yet that position is extremely unpopular in Texas. There are plenty of reasons for that disconnect, mostly because Republican voters who would prefer to have at least some abortion access keep voting for maximalist candidates. I say some of those people can be persuaded to cross over. We have no choice but to try to get them to do that.

Anyway. Poll #2 is from the Texas Hispanic Policy Forum:

Former President Donald Trump holds a comfortable lead over Florida Gov. Ron DeSantis among Texas registered voters who say they might participate in a March 2024 Republican primary, according to new polling from the Texas Hispanic Policy Foundation (TxHPF).

In a Texas Republican presidential primary restricted to Trump and DeSantis, 57% of Texas GOP primary voters would vote for Trump and 36% for DeSantis, with 5% undecided and 2% responding that they would not vote if Trump and DeSantis were their only two options. DeSantis announced his long-expected candidacy Wednesday and is the early favorite among several Republican candidates to emerge as Trump’s chief rival for the nomination.

“Donald Trump is the clear Republican frontrunner in Texas for now, but there is a long way to go,” said TxHPF President Jason Villalba. “Texas Republicans regard Trump favorably and he will be difficult to beat for the nomination here, but DeSantis certainly has a base of support upon which he can build. There is also time for other candidates to emerge and make this more than a two-person race for the nomination.”

Four 2024 presidential election scenarios were presented to Texas registered voters: Trump vs. President Joe Biden, DeSantis vs. Biden, Trump vs. Vice President Kamala Harris, DeSantis vs. Harris. Surveys of Texas registered voters tend to be more favorable for Democratic candidates and less favorable for Republican candidates than surveys of likely voters conducted in the months before an election.

  • Trump’s vote intention (44%) surpasses that of Biden (42%) by 2 percentage points. 6% intend to vote for minor party candidates and 8% remain undecided.
  • DeSantis’s vote intention (44%) surpasses that of Biden (42%) by 2 percentage points. 5% intend to vote for minor party candidates and 9% remain undecided.
  • Trump’s vote intention (46%) surpasses that of Harris (39%) by 7 percentage points. 6% intend to vote for minor party candidates and 9% remain undecided.
  • DeSantis’s vote intention (45%) surpasses that of Harris (40%) by 5 percentage points. 5% intend to vote for minor party candidates and 10% remain undecided.

The poll also measured the still-forming contest for the Texas seat in the U.S. Senate now held by Sen. Ted Cruz.

In a March 2024 Democratic Texas U.S. Senate primary featuring U.S. Congressman Colin Allred, State Sen. Roland Gutierrez and former Midland City Council Member John Love, 33% of Democratic primary voters would vote for Allred, 22% for Gutierrez and 4% for Love. 41% of these voters remain undecided.

Cruz leads Allred 47% to 40%, with 9% undecided and 4% voting for minor party candidates in a hypothetical November 2024 race for the Senate. However, Allred is still unknown to many voters; 49% of registered voters do not enough about Allred to have either a favorable or unfavorable opinion about him, while only 6% do not know enough about Cruz to have an opinion about the senator.

“Allred is the early leader among Democrats, but anyone who wins the Democratic nomination will have a difficult race against Cruz,” said Dr. Mark P. Jones, TxHPF Director of Research and Analytics. “It will be critical for the Democratic nominee to introduce themselves to Texans over the course of the next year and make their case for change.”

As with the first poll I don’t want to make too much out of these numbers. We have seen since 2016 that there are some number of Republicans who are willing to cross over to Democrats in some races. That was definitely true with Donald Trump in both 2016 and 2020, and it was true for Ted Cruz in 2018. I see no reason why that can’t be the case next year, and you know what my blueprint for that includes. Poll data can be found here.

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