“More Space: Main Street” permanently extended

A good outcome for a good idea.

Houston will close down traffic on seven blocks of Main Street permanently to allow businesses to maintain outdoor seating spaces initially established during the COVID-19 pandemic, with plans to expand the concept to other commercial strips in the city.

City Council voted unanimously Wednesday to permanently extend the “More Space: Main Street” program. First approved as a pilot in November 2020, the initiative converted portions of Main’s vehicle lanes between Commerce and Rusk into seating areas for bars and restaurants struggling amid the early days of the pandemic when residents had been urged to remain in their homes to prevent the spread of COVID-19.

So far, the program has enabled participating businesses to add a total of 45 tables and 154 seats on outdoor patios, according to Houston’s Chief Transportation Planner David Fields. Bars and restaurants also reported increases in revenue, employee retention and customer satisfaction, he said.

“We surveyed the businesses. All of them said this was exactly what they wanted. They requested the city extend it,” Field said. “And people felt safer being out on Main Street because there were more people out on Main Street.”

The goal, Fields said, is to expand the concept citywide eventually, although it will require more research and conversations with local businesses to identify specific commercial strips that could be a good fit for the program.

“We definitely want to expand this once we get the permanent version up and going,” he said. “This is not something we would ever impose. This is something that we really want a commercial strip, possibly a group of businesses near each other, to see this downtown as an example and say, ‘Yeah, we would like to do that. Can you help work with us on that?’”

While “More Space” initially was designed as a tool for businesses to cope with COVID-19 policies, it has benefits beyond the pandemic and has helped create a more vibrant downtown culture, according to Melissa Stewart, executive director of the Greater Houston Restaurant Association.

“For so long, we would come to downtown, do our work and then run for the hills. That continues to change,” Stewart said. “We’re continuing to see, much even to my surprise as a native Houstonian, more and more people willing to dine outside all year around. Houston is becoming a lot more like the big cities that we see in other parts of the country.”

[…]

Main Street’s unique conditions — limited traffic flow, few nearby residential buildings and the rail line providing convenient spots for barriers — made closing down the seven-block stretch of road a relatively smooth transition. Applying the same model to other parts of the city, on the other hand, could come with additional challenges, Stewart said.

“You might think Midtown, Montrose, the Heights, but it’s really going to require a space-by-space study because, let’s say you were to implement this on a part of Yale, the workaround might be really difficult for that community and that traffic pattern,” she said. ”So, we want these solutions to be adaptable to not only the business model but also to the neighborhood.”

See here and here for the background. I love this idea for where it is. I’m happy for the same thing to be considered elsewhere in town, though I will say I’m not sure where else it could work. (Yale Street, I will say with confidence, would not work.) Downtown in general and Main Street in downtown in particular are a special set of circumstances. But by all means, be open to possibilities.

Posted in Elsewhere in Houston, Food, glorious food | Tagged , , , , , , , | Comments Off on “More Space: Main Street” permanently extended

Weekend link dump for March 26

“Sending new moms to prison has devastating consequences. Some states are starting to rethink the practice.”

“Fox may be forced to read an apology on air or something, but the audience still loves the product. It’s basically the W.W.E. for this kind of world.”

“Now you may wonder if there can be any number at all that is not interesting. That question quickly leads to a paradox: if there really is a value n that has no exciting properties, then this very fact makes it special. But there is indeed a way to determine the interesting properties of a number in a fairly objective way—and to mathematicians’ great surprise, research in 2009 suggested that natural numbers (positive integers) divide into two sharply defined camps: exciting and boring values.”

“Ohio State To Supreme Court: Please Stop People From Suing Us Over Athletics Doctor’s Sexual Abuse“. By the way, if The Ohio State’s argument sounds familiar, it’s because SCOTUS has ruled in favor of a similar defendant on that argument before. If and when they take this case and OSU wins, it will be history repeating itself in a bad way.

“Hunter Biden is apparently sick and tired of being a silent Republican punching bag. He’s going on offense, suing the computer repair shop owner who gave his private information to the Republican operatives who then spread it as far and wide as they were able.”

“As the age for collecting full Social Security benefits increases, persons who retire at age 62 will see a greater reduction in their Social Security benefits.”

“These unflattering photos do what kids do best: they wholeheartedly engage with the present moment.”

Leave Flaco the Central Park Owl alone!

What makes March Madness special is things like pep band solidarity and singing your way around NCAA rules. If you know, you know.

“Why You Should Opt Out of Sharing Data With Your Mobile Provider”.

Is the Western drought finally ending? That depends on where you look”.

“But has the United States fully internalized the lessons of the Iraq War? Two decades later it is clear that Washington still has crucial lessons to absorb.”

“Fox News Sues Fox News Producer Who Is Suing Fox News Which Is Being Sued by Dominion”.

While I greatly appreciate what Nebraska State Sen. Machaela Cavanaugh is doing with her filibuster against anti-trans legislation, I must reluctantly point out that Wendy Davis’ famous filibuster (she cites Davis as an inspiration) ultimately failed, and things have gotten far worse since then. A filibuster can be a great tactic, but in the end nothing is going to stop a determined majority except voting enough of them out so they’re no longer the majority.

RIP, Willis Reed, basketball Hall of Famer and two-time NBA champion with the Knicks.

There are more investigations into Donald Trump’s criminality than you might realize.

Congratulations to Mr. and Mrs. Pickles, two radiated tortoises at the Houston Zoo, on the hatching of their three children.

RIP, Ada Edwards, Houston civil rights activist and former City Council member.

RIP, Joe Giella, comic book and comic strip artist. Here’s a great sample of his work on Mary Worth.

RIP, Jim Harithas, Houston art legend who co-founded two Houston art institutions, the Station Museum of Contemporary Art and the Art Car Museum.

Posted in Blog stuff | Tagged | Comments Off on Weekend link dump for March 26

The upcoming week in legislative gay-bashing

From the inbox, from Equality Texas:


Monday, 3/27
Action Alerts & Upcoming Hearings

HB 1686, the companion bill to SB 14, would ban trans youth from access to health care. We cannot let this pass. The hearing for HB 1686 begins at 8:00am, but we’ll be there bright and early to register to testify. Hearing details & RSVP.

Community Action: Drop a card (opposing), submit written testimonycall committee members.

Tuesday, 3/28

HB 2055 would repeal an antiquated law that bans same-sex relationships. Despite being overturned by the US Supreme Court in 2003 (Lawrence v. Texas) that law remains on the books in Texas.

Community Action: Drop a card (supporting), submit written testimony.

HB 1507 would ban pride celebrations in schools. Pride celebrations are important because they show LGBTQ+ kids that their identities are valid and worth celebrating. Hearing details and sign-up.

Community Action: Drop a card (opposing), submit written testimonycall committee members.

Wednesday, 3/29

HB 1952 would ban updates to gender markers on birth certificates. Hearing notice and details.

Community Action: Drop a card (opposing), submit written testimonycall committee members.

HB 888 would modify medical malpractice law to increase liability for doctors providing care to trans youth. Hearing notice and details.

Community Action: Drop a card (opposing), submit written testimonycall committee members.

This Week’s Hearing Highlight Reel:

SB 14 (Trans youth healthcare ban)

While we were rallying outside the Capitol on Monday afternoon, SB 14 moved out of committee. It is scheduled to be debated on the Senate Floor on Tuesday, March 28th. A committee hearing for SB 14’s companion bill, HB 1686, is also scheduled for Monday. We’re planning something big, and we need everyone there. Details about our plan for 3/27 and community actions are listed below under the Upcoming Events section.

HB 900 (Book Burning Act)

Tuesday’s hearing for HB 900 ended just after midnight and was left pending. Shoutout to Gordy, one of our Field Organizers, whose testimony summed up our feelings in this one line “The representation of my identity in literature is not obscene nor patently offensive.”

SB8 (Don’t Say Gay/Trans)

On Wednesday, the day of the hearing, legislators issued a committee substitute (a new version) of SB 8. The committee substitute is even more stringent than the original bill, and would now ban all instruction on sexual orientation and gender identity, regardless of any age-appropriate designation. Not even 18-year-olds in high school would have access to LGBTQ+ related materials. On top of that, while the public hearing was still happening, the committee cut off access to testimony registration and card drops. That’s where we drew the line.

This was clearly a direct attempt to silence us, but it only made us louder. We called an emergency rally for 6:30 pm, and raced to send out the information. With only an hour and a half’s notice, 100 people showed up to Draw the Line. The power of our community is unbelievable, and we are so grateful for your support, resilience, and love.

SB 12 (Drag Tax) & SB 1601 (Drag Storytime ban)

Texas drag has a long, vibrant history with many unique scenes throughout the state. Did you know San Antonio was home to a thriving drag scene 100 years ago? Drag is part of Texas history, and community support for Texas drag artists was off the charts at Thursday’s hearing. More than 900 of you shantayed over to the Capitol and dropped cards in opposition to these bills. The 19 people who dropped cards in support of the bills should really just take the L and sashay away.

FIGHT FOR OUR LIVES Rally

When the lives of our trans siblings are literally up for debate, we need everyone’s help. We need all the community power we can get to show up to the Capitol on Monday, March 27th, make some noise, and raise hell. Lives are on the line. Banning our care is unconscionable. They have blood on their hands. The rally will be midday (exact time and location TBA).

I have not been paying close attention to the Lege this session. It’s all bad, and I just don’t have it in me to wallow in it. A lot of people don’t have that choice, because this is existential for them. Here’s what can be done right now to help. In the end, we’ve got to win at the ballot box.

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

Preferred path decision for University BRT line delayed

Still working out some issues with the community.

A decision on the preferred path for Houston’s longest bus rapid transit line will wait a couple weeks longer following community outcry regarding a planned railroad overpass.

Metropolitan Transit Authority’s board of directors delayed approval of a preferred route for the University Corridor BRT project, the longest bus rapid transit project planned in the region as part of the agency’s long-range plan.

An approval of the preferred line will come “in the next week or two weeks,” Metro Chairman Sanjay Ramabhadran said, as the agency tries to line up federal funding and approvals.

“There is a lot of ways to go before we start building things,” Ramabhadran said.

[…]

Approval of the preferred route is significant because it is the specific location Metro will plan to build, and any adjustments would deviate from that plan if issues arise.

Though the project stretches 25 miles, it is a dozen or so blocks in the East End that are dividing Metro and residents in the area of the proposed overpass.

“The neighborhood fabric is being sacrificed for this overpass,” Laura Vargas told a Metro committee on Tuesday.

Transit officials said approving the route will not keep them from working to make the project more appealing to riders and residents alike

“It is certainly not the end of the process,” said Yuhayna Mahmud, project manager for the University Corridor.

Design of the line is 30 percent complete, she said.

Eastwood residents, however, have seen enough to organize their concerns over a planned overpass on Lockwood from Rusk to Sherman, spanning Harrisburg Boulevard, the parallel Union Pacific Railroad tracks and the Green Line light rail. Dozens have shown up at various Metro public meetings over the past month to discuss the project, including a meeting specifically to discuss the overpass Tuesday night. The concern for many is that the overpass would undermine the community by separating the buses from traffic while physically dividing the neighborhood.

“It should be for the people and not over the people,” overpass critic Tina Brady told Metro officials Tuesday.

The delay was welcomed by elected officials, who said it allows for transit planners and neighborhood groups to talk more and, perhaps, settle on a plan palatable to all.

“I believe Metro does owe it to the residents of the East End to build consensus,” Precinct Two Commissioner Adrian Garcia said.

Citing the ongoing debate over the impacts of the Interstate 45 rebuild, Garcia said Metro also must consider what its design will do to communities.

“Overpasses tend to be divisive and tend to divide communities even further,” Garcia said.

[…]

Facing freight train delays, pocked streets and the potential for a dividing overpass, what the community wants are proposals that can address many of the issues in an agreeable way, even if that means leveraging funds from Metro and others, such as Houston to rebuild streets or federal funds aimed at removing at-grade train crossings.

“We have to think beyond just this project,” said Veronica Chapa Gorczynski, president of the East End Management District. “We are a community, and our infrastructure is as integrated as our community is, and we can do better.”

If that comes with some hard-to-swallow changes, some residents said they will feel more part of the process, even if that means an overpass.

“If we can come to the same conclusion that this is the best thing for the community, then we can live with that,” said resident Reese Campbell.

See here for the previous update. The story references the Harrisburg overpass controversy from almost a decade ago, in which Metro ultimately went against the prevailing preference of an underpass, which they originally said they’d build and then backed away from when they decided it would be far more expensive than they first thought. It sounds like people remember that but are still willing to engage, which is a good sign. I hope Metro is as transparent as possible here and that the residents feel as though their concerns have been heard and reasonably addressed.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , | 1 Comment

The vinyl renaissance

I’m not surprised by this and definitely pleased by it, though I have a little secret to confess.

After Dave Ritz came back to Houston from serving in the U.S. Army — working in a Saigon, Vietnam, radio station — he assembled a collection of more than 3,000 vinyl records. He organized the first Houston Record Convention in 1978 in the Galleria area and has been hosting such conventions six times a year ever since.

Don’t look for those events to stop anytime soon. According to the Recording Industry Association of America’s annual revenue report, vinyl albums outsold CDs last year for the first time since 1987. Additionally, physical music formats continue to grow with $1.7 billion in sales in 2022, a 4 percent growth from the previous year.

Ritz, who has sold vinyl all over the country, says that interest in vinyl in Houston has always been steady. And he even noticed a Bayou City uptick in record sales shortly before the pandemic drove people to get their music fix inside their homes.

“It’s driven by younger people, there’s no doubt about that,” Ritz said. “The thing about a record is that when you hold it, you feel like you have something. You’ve got artwork on the front. Sometimes inserts with personal information or photos inside. And then you’ve got this disc you can play.”

Michael Morales, who goes by DJ Mikey Mike, runs a Facebook network of DJs across Houston that continue to spin vinyl. Morales said the vinyl resurgence is due in large part to parents wanting to introduce their children to the music they listen to.

Both Ritz and Morales said the hottest vinyl records right now are 1980s albums.

“If you can get your hand on a Journey, Van Halen, or Boston, or anything like that, it gets pretty competitive and pricey,” Morales said. “80s rock bands I would say are pretty hot right now.”

Cactus Music has been a popular spot for vinyl records in Houston for 47 years. Co-owner Quinn Bishop said there has been a steady uptick of interest in vinyl records for the past 15 years coinciding with a decline in CD sales.

Most big box retailers, like Best Buy and Target, have largely abandoned selling CDs.

“There’s a greater proliferation of vinyl stores and shrinking storefronts for CDs, and that has sort of accelerated the trend,” Bishop said.

Cactus Music still offers CDs, which are often cheaper than vinyl records.

[…]

Bishop said younger people have a “bookshelf mentality” and want to support their favorite artists by buying something physical. In fact, according to research by the entertainment data website Luminate, only half of U.S. vinyl buyers even own a record player.

Bishop said when an artist like Taylor Swift releases their albums on vinyl, it brings people into Cactus Music for the first time.

“Not everyone has a great record store near them,” Bishop said. “I will say that if you live in Houston, Texas, you’re very fortunate because there are quite a few terrific record stores here. That is not true everywhere.”

I would agree with that. Cactus Music is a great store, which often features live performances. If you’re a music head, put them on your destination list when you come to town to visit.

Both my daughters are big music fans, though Olivia is more the collector type. She has a turntable and a decent-sized cache of vinyl, some of which she inherited from me and my wife, some of which she has bought for herself, and some of which has been given to her as Christmas or birthday presents. What Ritz says about the feel and the artwork and the pride of ownership absolutely applies to her. (And to a lesser extent to Audrey, who just bought the latest Taylor Swift releases on CD, even though she listens almost exclusively to Apple Music.) She did play her records in her room before she went off to college, and I’m sure she will again when she’s back for spring break and the summer, but it’s not so much about that – Olivia is also mostly an Apple Music and Spotify girl – it is, for lack of a better word, about the coolness of it. There’s just something about studying the album art, reading and memorizing the lyrics, looking to see who has the songwriting credits and who sat in this session and on and on. I was at best a middlebrow collector back in the 80s, but I have a lot of happy memories of this kind.

As for that confession: I really preferred collecting CDs. With record albums, I mostly played them to record them to tape, because you could get the whole album on tape, you could skip a song you didn’t like that way, and you could play a tape in your car. CDs enabled the whole-album playing, the song-skipping, and the portability, while being more durable than tape and keeping the artwork (though in a smaller size) and the lyric sheets and other inserts. I basically stopped buying vinyl once I got a CD player. Later on, once I was firmly in the clutches of my iPod, I got myself a USB turntable and ripped a bunch of my old vinyl to MP3s. I’m delighted that The Kids Today are into vinyl – it’s a boon for the artists, it’s a great generation-spanning conversation topic, a good record store is a blessing – but in my heart of hearts I’m a CD guy.

Posted in Music | Tagged , , | 3 Comments

There will still be HISD Trustee elections this fall

Just a reminder, in case you needed it.

Although the state is preparing to appoint a board of managers this summer, local elections for Houston ISD trustees will still be held as scheduled in November.

The Texas Education Agency announced plans to replace the district’s top leadership following chronic low academic achievement at a Fifth Ward high school and prior school board mismanagement.

It’s unclear what the elected-trustees’ roles will look like once the board of managers is appointed, but they will likely serve in an advisory position, although they will have not voting power.

After about two years of the board of managers running the district, a transition timeline may be announced if HISD reaches certain goals, and elected-trustees will be phased back into the board over the course of at least two years.

Four of the nine Houston ISD school board trustees are up for re-election in November and confirmed the plan to run again.

Trustees must file their candidate application by Aug. 21.

The rest of the story is about those four incumbents – Kathy Blueford-Daniels in II, Dani Hernandez in III, Patricia Allen in IV, and Judith Cruz in VIII – and their reasons for running again in spite of it all, which mostly amount to “someone needs to represent our district” and “I know what’s going on”. I will remind everyone that Hernandez and Cruz ousted two of the former Trustees who had been involved in that Open Meetings Act issue.

What I wonder about at this point is whether anyone will file to run against any of them. Anyone can make a case for themselves as being the better alternative, but who would want the job? It’s just going to be a placeholder for some number of years, and there’s an excellent chance that future voters will hold you responsible for anything unpopular that the Board of Managers does. It’s easy enough to see why the incumbents want to stay. It’s not at all clear to me why someone else would want in right now. We’ll see.

Posted in Election 2023 | Tagged , , , , , , , , , | Comments Off on There will still be HISD Trustee elections this fall

New frontiers in propaganda

We are at the forefront, because of course we are.

Readers of the daily email newsletter of one of the country’s leading right-wing, fossil fuel-funded think tanks were treated to a bizarre sight [last] week: an AI-generated image of a dead whale washed ashore on a beach in front of wind turbines, above a fearmongering story about offshore wind. Unfortunately, what is isolated to one newsletter today could spread around the right-wing ecosystem tomorrow.

I cover climate and read breaking news about renewable energy every day; if there were a real photo of a dead whale in front of a wind farm like this, chances are I would have seen it. Still, the image gave me a jump when I opened the email from the Texas Public Policy Foundation. For a moment, I wondered if I’d somehow missed a huge story about a dead humpback that had washed ashore in front of a wind farm.

The story under the image is old hat for this particular newsletter. The Texas Public Policy Foundation, or TPPF, is one of the leaders in the national right-wing push against renewable energy—specifically against offshore wind. Despite its location in Texas, the group has lent its sizable financial muscle to anti-offshore wind efforts on the East Coast, joining a lawsuit against a project filed by local fishermen and creating an entire movie about the evils of wind energy.

The image is at least recognizably an AI generation: there’s the tell-tale uncanny valley nature of the pattern of the debris of the beach, and the blades of the wind turbines are, well, bendy, in a way that you certainly don’t see in real life. The biggest giveaway is the DALL-E generator watermark at the lower right hand corner of the image. When I plugged in various search terms, like “beached dead humpback whale in front of offshore wind turbines” into the DALL-E generator, I got images that looked a lot like what was at the top of my newsletter. (Some of mine were much better, not gonna lie.)

Still, the image is, at first glance, realistic enough to make me do a double-take, and there’s no label on the image marking it as not a real photograph. Readers of the newsletter who aren’t familiar with how AI images look or who are just skimming could certainly be forgiven for thinking that this is real evidence of dead wildlife near a wind farm.

The story shows the original image, and especially with the foreknowledge that it’s sketchy it’s easy to see the fakery in the photo. There’s also a much less janky image of the same scene, created by the story author, which shows how much better and more insidious this sort of thing can and surely will be in the hands of liars and lowlifes. For now, if someone has passed along this bit of bullshit to you, you can show them this story and hope to at least spark a bit of skepticism in them. The next time, when it’s much more convincing? I have no idea. God help us all.

Posted in Skepticism, The great state of Texas | Tagged , , , | Comments Off on New frontiers in propaganda

Whole Woman’s Health opens its New Mexico clinic

A little bittersweet, I have to say.

One of the largest independent abortion providers in the nation opened a new clinic in New Mexico on Thursday, nearly nine months after it shuttered its clinics in Texas after the U.S. Supreme Court overturned Roe v. Wade.

Whole Woman’s Health of New Mexico opened its Albuquerque clinic on Thursday. The clinic is expected to see 19 patients over the next few days, with 18 of them coming from Texas.

The clinic currently offers first- and second-trimester abortion procedures to people who are up to 18 weeks pregnant, with plans to expand to up to 24 weeks in the near future.

Whole Woman’s Health opened its first Texas clinic in Austin in 2003 and later expanded throughout the state. The organization had four clinics in Austin, McAllen, Forth Worth and McKinney before it announced plans to leave the state and reopen in New Mexico.

“As we open our doors to both local communities and those forced to migrate from other states for care, we remain unbelievably grateful for the thousands of supporters from around the world that came together to make this clinic a reality,” Amy Hagstrom Miller, the president and CEO of Whole Woman’s Health, said in a news release.

The New Mexico clinic is located minutes from the Albuquerque International Sunport Airport and all of its staff members are bilingual, the news release says.

[…]

Whole Woman’s Health said New Mexico has become a “refuge” for patients seeking abortion care, including from Texas and Oklahoma, which is also among the 13 states that banned nearly all abortions after Roe v. Wade was overturned.

“Today marks the next chapter of our organization,” Marva Sadler, senior director of clinical services for Whole Woman’s Health, said in the news release. “In these times when abortion rights, health, and justice are under attack, our Albuquerque clinic will serve as a safe haven for abortion care,”

In June 2022, Whole Woman’s Health launched a GoFundMe campaign to relocate its Texas clinics to New Mexico, with more than 3,500 donors giving more than $300,000 toward the effort.

See here for the background, and here for a copy of the press release. I’m glad they are able to get back to the important business of caring for women and their reproductive needs. Lord knows, we need them. I just hope that someday they’ll be able to open back up here in Texas.

Posted in The great state of Texas | Tagged , , , , , | Comments Off on Whole Woman’s Health opens its New Mexico clinic

Don’t forget the teachers

I hope the Board of Managers has a plan for this.

Teachers had been shuffling in and out of Traci Latson’s classroom all day the first day back from spring break, trying to make sense of the news that broke that Houston ISD, the largest district in Texas, would be taken over by the state. 

The effects of the soon-coming state intervention won’t be felt overnight. The current elected board and superintendent will be in place until the end of the school year to avoid further disruption. Then in June, a new board and superintendent will be appointed by TEA Commissioner Mike Morath.

In the meantime, Latson, a teacher at Meyerland Performing and Visual Arts Middle School, and her peers throughout HISD, have questions: How will this affect curriculum? Will schools close? What major changes will this board make?

“They’re just nervous, and they don’t know what to think,” Latson said of her peers. “We’re stuck in limbo hell.”

The Texas Education Agency started holding public hearings this week to try and quell some of these anxieties, but the first one was chaotic, interrupted by shouting and leaving many questions unanswered.  In the first days back from the takeover, attendance among both teachers and students seemed to be fairly normal, multiple teachers told the Chronicle. The attendance rate for students was about 90 percent.

Latson has spent nearly three decades as an HISD teacher. She taught some of her students’ parents, and in another classroom one of her former students is now the one teaching the lesson plans. Despite her history with HISD, she has began to peruse other job postings.

“I don’t want to leave HISD. I love working in the city, I love our children, and, for the most part, I have been pretty happy with the district,” Latson said. “So, it does sadden me to even admit to myself that it might be time for me to leave.”

[…]

Although there is much left unknown in the district, teachers can likely count on having their jobs next year, said Jackie Anderson, president of the Houston Federation of Teachers. Contracts typically go out in May, which are binding for the next academic year.

Teachers actually have a great deal of job security, Anderson said, given the persistent teacher shortage compounded by the pandemic.

“I don’t care who runs the district. Somebody’s got to teach,” Anderson said. “It’s not like teachers are beating down the door. We started the school year with a teacher shortage that still exists.”

Houston ISD still has a vacancy rate of about 3.2 percent with roughly 336 openings, despite having one of the leading starting salary in the region at $61,500.

The district made an effort to persuade teachers to stay by awarding nearly $3.3 million in sign-on incentives for the 2022-2023 year to new teachers.

I don’t blame anyone for feeling adrift and insecure about what the future of HISD is. It would help greatly if the TEA held actually informative meetings rather than having PowerPoint shows that tell people things that are already publicly available, and it would help if Commissioner Morath could get his ass into town to talk to people. As long as there’s such a dearth of information, given how unprecedented this takeover is, it’s natural that fear and speculation would fill the void. The TEA owns all of this. It’s time they started acting like they understood the responsibility they have taken for themselves.

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

The drones of Pearland

I mean, we’ll see. Certainly the Pearland Police Department will see lots of things.

Pearland’s police department has become the nation’s first law enforcement agency to win Federal Aviation Administration approval to use a system in which drones controlled from a police station can be dispatched throughout a municipality to assess incidents, which officials say can save time, resources and lives.

“We’ll be able to better assess a scene prior to getting an officer on the scene,” said Herbert Oubre, a Pearland police officer and drone pilot. “We can either increase our resources going to a call or decrease those resources.”

Instead of being controlled by operators stationed nearby or trailing in a vehicle, the police drones will rely on a technology called Casia G, developed by Iris Automation Inc., that enables remote airspace awareness during flight. The drones will use another system, called DroneSense, to relay information to the operator at the station. The suburb south of Houston seems a fitting place to deploy the technology, as police have a lot of ground to cover. With 129,000-plus residents and 49 square miles, Pearland is a mix of subdivisions, hospitals, schools, colleges, and shopping centers.

The city also might become a model for other suburban police departments, many of which lack the financial resources to use first-responder aircraft such as helicopters.

In Pearland, “this will expand our capabilities exponentially because we don’t have to have a visual observer,” city police Lt. Jeff Jernigan said.

“It’s real-time accurate information,” Jernigan also said. “When you’re talking about lives, it’s seconds, not minutes that we have to get help to a scene, and that’s what this allows us to do.”

[…]

ACLU of Texas attorney Savannah Kumar said the city of Pearland and its police department bear responsibility to formulate clear, enforceable policies on use and retention of surveillance data, particularly when technological capabilities are increased.

“These programs have the power to track outdoor movements of all people wherever they go, threatening individual rights to privacy and free association under the First Amendment to the Constitution,” Kumar said. Privacy violations could occur in scenes of residents that are captured peripherally by drone cameras, she cautioned.

She said of drones, “They can end up monitoring people’s daily movement throughout the community in ways that are sensitive — for instance if someone is going to a psychiatrist. Most people would not feel comfortable sharing some of that information, and it really does become a deep invasion of privacy when you think about both the quantity and types of information this type of aerial footage can obtain.”

Regarding privacy issues, the department bases its policies for first-responder drones on legal precedents and will follow any changes in that as the Iris program becomes functional, Jernigan said. The use of the Casia G technology, he said, will be restricted to emergency-response situations.

“We put on a training course specifically regarding case law, and because the technology is still fairly new, new case law comes out often,” Jernigan said. “There are laws, rules and department regulations that govern when and how drones are used.”

As the story notes, police departments have used drones for years, but with the “operator in sight of the drone” restriction. The first PD to get approval to use drones remotely was in 2018, and I’d love to know more about how that has gone, both from a crimefighting and efficient-use-of-police-resources perspective and from a privacy and civil rights perspective. I don’t think it’s a stretch to say that somewhere – maybe not Pearland, but somewhere – there will be a massive scandal along those lines. The temptation to use that kind of power for unapproved scenarios will be large. I’d like to know more about how Pearland will safeguard people’s privacy, and I hope there is some followup reporting on that. What do you think?

Posted in Crime and Punishment, Technology, science, and math | Tagged , , , , , , , , , | Comments Off on The drones of Pearland

Dispatches from Dallas, March 24 edition

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

This week in DFW: A run of school violence including a fatal school shooting, in DFW area schools; a former president comes to Waco on a major Texas anniversary; ongoing fallout from the DPD evidence scandal; and cricket comes to Texas in a big way.

Monday in Arlington, two students were shot, [Archive link] one fatally, before school began. Jashawn Poirier, age 16, died in the shooting and another unnamed student was injured. The fifteen-year-old shooter is in juvenile detention in Tarrant County, charged with capital murder. No motive for the shooting has been offered so far.

Meanwhile in Dallas, there was a shooting at Thomas Jefferson High School in northwest Dallas on Tuesday. One student was shot in the arm in the parking lot a few minutes after class let out for the day. The shooter has been arrested according to the superintendent of Dallas ISD. Again, investigators haven’t ascribed a motive.

McKinney ISD also had a weapons incident on Monday, but fortunately it only involved a middle schooler using a knife one of his classmates, causing minor injuries [Archive link.] The knife-wielding student was taken into police custody and the injured student was taken to the hospital to receive medical care.

As the band director at Thomas Jefferson said to the Dallas Morning News, It’s not an ethnic thing, or a rich or poor thing, or a ZIP code thing of where you live or where you go to school. It’s happening everywhere.” Meanwhile our only governor continues to advocate against any restrictions on gun purchases or ownership, and has described legislation to raise the age for gun purchasers to 21 as unconstitutional.

In other news:

Posted in Blog stuff | Tagged , , , | Comments Off on Dispatches from Dallas, March 24 edition

This is not how you win hearts and minds

I don’t know what the TEA hoped to accomplish with its public outreach meetings about the HISD takeover, but it probably wasn’t this.

Houston community members were irate Tuesday night as state education officials tried to explain the process of taking over their school district. State officials did not take questions about the effects such a move could have on Houston Independent School District, which is the largest in Texas, but did try to recruit community members to replace the existing school board.

About seven minutes into the Texas Education Agency’s PowerPoint presentation on the impending HISD takeover, parents and community members erupted in shouts directed at TEA deputy commissioner Alejandro Delgado.

“We got questions,” attendees repeatedly yelled. “Y’all tryna take our community.”

It was the first meeting that the state agency held in Houston since it announced on March 15 that it would replace the district’s current superintendent, Millard House II, and its democratically elected school board with its own “board of managers” in response to years of underperforming schools, mainly Phillis Wheatley High School.

[…]

The TEA official attempted to finish his presentation without interruption, but community members would not stand down. They were upset that they had to write their questions down on index cards and then TEA officials would choose which questions to answer.

“This meeting was rodeo-grade BS,” said Houston ISD parent Travis McGee. “The community should have been able to speak.”

McGee and other community members were also upset that the TEA commissioner himself didn’t show up to the meeting.

U.S. Rep. Sheila Jackson Lee, D-Houston, took the podium once the TEA could not take control of the meeting. She said she believes Morath has the ability to not take over the district and instead continue monitoring improvement within the schools.

“The board of managers will not be responsive to teachers, parents or children. I do want the school board to be responsive to you,” she told the audience.

The community meetings were mentioned in the earlier story about the requirements that HISD must meet to get out of takeover jail. I don’t know what I would have expected if I had been there, but 1) Mike Morath really needs to be at these things and talk directly to the people, it’s flat out disrespectful not to, and 2) “Rodeo-grade BS” is an excellent expression that I plan to borrow at some point. Stace, Campos, the Chron, and the Press have more.

PS – In re: that Press piece, I take issue with this:

Asked a direct question about why TEA thought it should take over the district, Delgado made the mistake of beginning his answer with a reiteration of all the good things about the district (like a boss talking to a disappointing employee before lowering the boom with a “but”) before starting to get to the point. The crowd, exasperated, shouted him down yelling “Answer the question.” Which he then tried to do but by then it was a lost cause.

(For the record, Morath determined HISD was in need of intervention after years of some low-performing AKA failing schools that didn’t meet state academic standards and board members that were not only dysfunctional but one convicted of corruption. Others engineered an aborted administration takeover in a private meeting in apparent violation of the Open Meetings Act. And while most of the board has switched out in subsequent elections, some members of the especially troubled times remain.)

Only two current members of the Board were there for the cited dysfunction. Only one of those two was involved in the Open Meetings Act violation. The other has not been associated with any bad behavior. Four of the five trustees associated with that Open Meetings Act violation were defeated in their subsequent election. I know that Margaret Downing, a longtime reporter of HISD doings and the author of this piece, knows all of that. I don’t know if she was just presenting the TEA’s case as they would present it without any additional context or if she chose to give it this shading. I don’t care for it either way.

UPDATE: The Chron editorial board was not impressed.

Posted in School days | Tagged , , , , , , , | 18 Comments

More Senate 2024 talk

Make of this what you will.

Not Ted Cruz

Texas Democratic voters will head to the polls in less than a year to decide which candidate they’d like to see challenge Sen. Ted Cruz in his reelection bid, but at the moment the field remains empty because no one has jumped into the race yet.

[…]

The guessing game is already underway about who will run in the Democratic primary. According to recent reporting from The Dallas Morning News, sources said Rep. Colin Allred, a former NFL player, is asking donors about potentially getting into the race. He flipped a competitive Congressional seat in 2018 and defeated a Republican incumbent in his Dallas-area district. If Allred runs for Senate, he would follow the path forged by O’Rourke where a Texas Congressman sought a seat in the upper chamber.

Ed Espinoza, a Texas Democratic analyst, said Allred’s name is coming up a lot in conversations he’s having right now.

“He could be a very strong candidate,” Espinoza said, “and the fact that he is in Congress already means he has access to federal money, federal PACs and such that could buy in his race. You saw that with Beto O’Rourke in 2018 as well, so [Allred] is one candidate who could be very competitive.”

Espinoza said there are also rumblings in Democratic circles about whether Houston Mayor Sylvester Turner may have his eye on this office.

“Sylvester Turner is at the end of his term of mayor. He’s termed out in Houston later this year,” he said. “Not only has he represented the biggest city in Texas, one of the biggest cities in America, but he also is suddenly about to have time on his hands — not a bad launching pad for someone looking to run statewide in Texas.”

Questions remain, Espinoza said, about whether one of the Castro brothers might also enter the Senate race. Julián Castro served as secretary of the U.S. Department of Housing and Urban Development under President Obama and ran for the Democratic presidential nomination in 2020, while his twin Joaquin Castro is a Democratic Congressman representing San Antonio.

“Either of those two would be strong candidates if they decide to run now,” Espinoza said. “The thing about the Castros, they’re very popular. They’re very well known, and they’re very accomplished in the state. They’re also mentioned every time a statewide race comes up, and it’s not always what they choose to do. So will this time be different? We shall see.”

None of these men responded when KXAN reached out inquiring about their future plans.

Sources connected to local Democratic politics also threw out a few other names who may be in the mix, including former State Sen. Wendy Davis and former 2020 Senate candidate MJ Hegar.

We are familiar with this conversation. I don’t know if this is further evidence that Rep. Allred is moving down a path towards a Senate run, or just another insider saying “hey, I’d like to see this guy run” out loud and hoping to manifest it into existence. (Believe me, I understand the impulse.) Though nobody mentioned here is in the Legislature, the post-session timeline for whatever may happen next makes some sense, as things do tend to flow with the legislative calendar.

I don’t have anything to add about the Castro Brothers or Mayor Turner that I haven’t said already. The addition of Wendy Davis (now a Senior Advisor to Planned Parenthood Texas VotesO and MJ Hegar to the discourse strikes me more as a “well, who else is out there” item than anything real. I don’t see either of them as likely to mount another campaign at this time, for a range of reasons. I suppose sooner or later we all turn into John Sharp. I will note that there are other names that have been floated in other stories, and the one actual declared candidate out there is John Love, who maybe needs to hire someone to whisper his name to more of the people who get quoted or used as sources for this type of story. Check back later and we’ll see what other names might crop up.

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

A few words about Lee Kaplan

I mean, I dunno.

Lee Kaplan

During the early stages of a mayoral race, polls carry little significance and every candidate says they are organizing a diverse coalition of supporters. There often is only one indicator to differentiate contenders from also-rans: money.

Fundraising enables candidates to reach out to voters and introduce themselves in campaign mail, digital ads and, perhaps, on television. That is important in city elections, which typically feature candidates less familiar to residents, and which inspire lower voter turnout and engagement.

As of their January campaign finance reports, no candidate aside from state Sen. John Whitmire — who carries a $10.1 million war chest from his decades in the Texas Legislature — has more money on hand for his or her mayoral campaign than Lee Kaplan, an attorney and political newcomer.

Kaplan had about $1.2 million in his campaign account as of January. He has raised about $1.3 million, and lent $200,000 of his own money. That fundraising haul is just shy of two other contenders, former Harris County Clerk Chris Hollins and former City Councilmember Amanda Edwards. City Councilmember Robert Gallegos and former Metro Chairman Gilbert Garcia entered the race after the January campaign finance report deadline.

Kaplan says he has more money that he is “legally allowed to spend” than any other candidate, an allusion to questions about how much of Whitmire’s stockpile is available for use in a city election. The rest of the field has held office or been involved in municipal politics. Kaplan has not, but his fundraising numbers have kept him apace as a contender.

“I’ve frequently thought, well, you’re just writing checks,” Kaplan said of his past contributions to candidates. “You can’t complain if you’re not willing to run.”

[…]

His campaign so far offers a focus on the basics of city government, emphasizing public safety, streets and transportation, and trash collection among his priorities. He candidly admits he does not have solutions to those challenges yet, nor will he be able to fix them overnight. The pitch is in his approach: He plans to “beaver” away at them until he makes progress.

Kaplan said he and his son often have discussed the value of shoveling away at the proverbial mountain.

“No matter how big it is, if you start shoveling away at the problem, it gets smaller,” Kaplan said.

Kaplan has proposed adding more police cadet classes, as Mayor Sylvester Turner did for several consecutive budgets, and focusing on efficiency in the department. That may include turning some officer desk jobs into civilian roles, he said. A city consultant in 2017 said that could result in “considerable cost savings” for the city.

He rails against what he calls poor planning in streets repairs and recycling collection. He points to the city’s decision to switch to one recycling plant on the northeast part of the city, which has worsened collection times in the city’s southern sectors.

Kaplan’s appeal to voters, he said, also will stem from his singular focus on the mayor’s job. He is not aiming to use the position as a launching pad to something else, he said, and he does not think he is entitled to the job, comments that appear to be not-so-veiled jabs at his opponents.

“I’m at least as capable as those people, I’m not beholden to anybody, and I’m not worried about offending people so I can get some future position,” Kaplan said. “People do want someone who they believe isn’t beholden to others and isn’t looking for the next job.”

I’ve snarked to a few people that Kaplan gives me Marty McVey energy. Which is a bit unfair to Kaplan, since McVey’s campaign was more self-funded. But I can totally imagine a scenario in which Kaplan ends up with about two percent of the vote.

To be more respectful to Kaplan, he’s a former law partner of Larry Veselka, who’s one of the genuine good guys. I don’t have any specific quibbles with what he’s pitching, I just don’t think the electorate will be there for him, not without a widespread and compelling bit of campaign outreach, along the lines of Bill White’s omnipresent advertising in 2003. He’s entered a race that’s full of people who can make a good case for themselves, and in order to get traction with the voters you have to do more than say why you’d be good for the job. You have to say why you’d be better than all those other choices. And then the voters have to believe you. I don’t mean for this to sound dismissive, but good luck with that. It’s a tough task.

Posted in Election 2023 | Tagged , , , , , , , , , , , | Comments Off on A few words about Lee Kaplan

Texas blog roundup for the week of March 20

The Texas Progressive Alliance can’t believe that two top seeds were knocked out before the Sweet 16 as it brings you this week’s roundup.

Continue reading

Posted in Blog stuff | Tagged , | Comments Off on Texas blog roundup for the week of March 20

On being on the Board of Managers

When the TEA takeover of HISD was officially announced, I noted that the coverage included a link back to a list of people who had applied for the Board of Managers in 2019. I noted that there were some familiar names on that list, including three current Trustees, all prior to their eventual elections, as well as some other recognizable names.

I reached out to one of those people from the list, who I know in real life. I was curious if they had ever heard back from the TEA the first time around and if the TEA had gotten back in touch now that they were in the Board of Managers business again. They said they never went through the interview process back then because the injunction came down before that could happen, and that the TEA did reach out again via email last week about submitting another application; the deadline to do that is April 6, in case anyone reading this is interested.

I asked what motivated them to apply back then and whether they’d do it again now, and got this response:

My initial interest was really just fascination with the process and wanting to see how the interviews were going to be conducted. I never really thought I would be a serious candidate for the position. But, as you know, often times with these type of things people who are actually qualified just don’t apply because they don’t want to deal with all the BS and you end up getting a list of candidates who have extreme views one way or the other. I suspect given all that has happened that is what will be the case this time. It’s hard for me to see any real qualified candidates, wanting to deal with all the current discord between the superintendent, board, TEA, Union, community, etc.

I share that concern, though I’m perhaps a bit less pessimistic about it. It’s the TEA’s problem now, but it will very much be our problem if they make bad choices, or if they only have bad options from which to choose. We can certainly disagree about whether good people should apply to be on the Board of Managers or if good people can only get tainted by the things they would have to do on the BoM, but however it shakes out this Board is going to have power over HISD for two years or more. Whatever the risks are, I hope people who care about HISD will review the job description and qualifications and consider applying to be on the Board of Managers. I don’t think there’s any way around that.

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

Oklahoma Supreme Court upholds abortion rights

Of interest, for obvious reasons.

A divided Oklahoma Supreme Court on Tuesday overturned a portion of the state’s near-total ban on abortion, ruling women have a right to abortion when pregnancy risks their health, not just in a medical emergency.

It was a narrow win for abortion rights advocates since the U.S. Supreme Court struck down Roe v. Wade.

The court ruled that a woman has the right under the state Constitution to receive an abortion to preserve her life if her doctor determines that continuing the pregnancy would endanger it due to a condition she has or is likely to develop during the pregnancy. Previously, the right to an abortion could only take place in the case of a medical emergency.

“Requiring one to wait until there is a medical emergency would further endanger the life of the pregnant woman and does not serve a compelling state interest,” the ruling states.

In the 5-4 ruling, the court said the state law uses both the words “preserve” and “save” the mother’s life as an exception to the abortion ban.

“The language ‘except to save the life of a pregnant woman in a medical emergency’ is much different from ‘preserve her life,'” according to the ruling.

“Absolute certainty,” by the physician that the mother’s life could be endangered, “is not required, however, mere possibility or speculation is insufficient” to determine that an abortion is needed to preserve the woman’s life, according to the ruling.

The court, however, declined to rule on whether the state Constitution grants the right to an abortion for other reasons.

The court ruled in the lawsuit filed by Planned Parenthood, Tulsa Women’s Reproductive Clinic and others challenging the state laws passed after the U.S. Supreme Court overturned the landmark Roe v. Wade decision that legalized abortion.

I trust the parallel to the Texas lawsuit is clear. Slate adds some details.

Oklahoma outlaws abortion through multiple statutes, both civil and criminal, and these bans became enforceable after the U.S. Supreme Court overturned Roe v. Wade last year. One of the statutes contains an ostensible exception for the “life of a pregnant woman.” But as the court explained on Tuesday, this exception is extraordinarily narrow: It permits termination only when the patient is “in actual and present danger” of death. According to the statute, it is not enough for a doctor to determine that the pregnancy will kill her at some point in the future; that peril must be imminent. If a doctor provides an abortion before the patient is at sufficient risk of death, they face a $100,000 fine and 10 years’ imprisonment.

Reproductive rights advocates challenged this ban under the Oklahoma Constitution. Their lawsuit was risky: Five justices of the Oklahoma Supreme Court were appointed by Republicans while four were appointed by Democrats. But GOP appointee James R. Winchester crossed over to create a 5–4 majority in support of “a limited right to an abortion.” The majority found that this right was supported by two provisions of the state constitution that grant “all persons” the right to “life” and “liberty.” Reviewing Oklahoma’s history, the majority explained that the state’s abortion regime had always “recognized a woman’s right to obtain an abortion in order to preserve her life,” from before statehood through admission to the union and right on up until 2021, when the present law was enacted.

Because the right to abortion to preserve the patient’s life is “deeply rooted” in Oklahoma history, the majority held, any restriction on that right is subject to strict scrutiny, bolstered by a compelling state interest. “Requiring one to wait until there is a medical emergency,” however, “does not serve a compelling state interest” because it “would further endanger the life of the pregnant woman.” The majority therefore declared that portion of the law “void and unenforceable” and announced a new standard: Abortion is permitted whenever a doctor has “determined to a reasonable degree of medical certainty or probability that the continuation of the pregnancy will endanger the woman’s life.” That danger may arise from “the pregnancy itself” or “a medical condition that the woman is either currently suffering from or likely to suffer from during the pregnancy.”

The scope of this standard is not entirely clear, but it suggests that a patient can undergo an abortion if the doctor determines there will be a threat to her life at some future point “during the pregnancy.” This standard is different from that in Texas, where doctors are waiting until pregnant patients are on death’s door rather than terminating when conditions emerge that could be fatal later in the pregnancy. As the majority noted, “absolute certainty” that the condition would kill a patient if untreated “is not required,” though “mere possibility or speculation is insufficient.” In a long concurrence, Justice Yvonne Kauger, joined by Justices James Edmondson and Doug Combs, tried to clarify the new rule. A physician, she wrote, need not “wait until their patient has a seizure, a stroke, experiences multiple organ failure, goes septic, or goes into a coma” before terminating a dangerous pregnancy. The reasonable likelihood of life-threatening conditions justifies an immediate abortion.

Kauger pointed to a new Texas lawsuit to illustrate what this standard does not require. The plaintiffs in that case were forced to wait until they suffered sepsis, hemorrhage, and other horrific ailments before doctors would terminate. Such a narrow exception, Kauger wrote, affords women “fewer rights than a convicted murderer on death row,” imposing “a death sentence” without “due process or any provision for clemency or pardon.” (Kauger also included a long overview of women’s near-absolute denial of rights through most of American history, noting that Oklahoma’s historical abortion laws were passed at a time when men could legally beat their wives and women could not vote or serve in office.)

As that story notes, the Supreme Court of North Dakota allowed a block on its state’s abortion ban to remain in place while a lawsuit over it plays out. It too concluded that the state constitution provided for “a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances”. Note that these are narrow exceptions to those states’ bans, but they do represent a step forward for abortion access post-Dobbs. Just having doctors not feel like their own lives are at risk when making this decision should make a difference.

There’s an irony here in that Oklahoma was one of five states to pass an anti–Obamacare “health care freedom” amendment to their state constitution, which has now been used to argue against state abortion bans in Ohio and Wyoming as well. (Wyoming just passed a law to ban abortion pills; we’ll have to see what happens when that inevitably gets challenged.) A lot of this litigation is still ongoing so it’s hard to say exactly where we’ll end up, and these states could always try to amend those amendments to craft an abortion exception. But for now at least, there’s a path forward in some red states to at least allow for minimal access.

None of this bears directly on Texas, of course. Each state has their own laws, Texas did not amend its constitution as those five other states did, and as we well know Supreme Court justices of all stripes can be and are political animals. I make no prediction about what will happen with the litigation here. What we do know is that similar lawsuits have found success elsewhere. I’ll take my hope where I can get it.

Posted in Legal matters | Tagged , , , , , , , , , , | Comments Off on Oklahoma Supreme Court upholds abortion rights

Watch out for your electric bill

Noting this for the record.

As Texans continue paying off the costs of the deadly 2021 winter storm, state lawmakers are considering a Republican-backed proposal that would allow for more frequent rate hikes and prevent cities from challenging the increases.

Supporters of Senate Bill 1015 say it would help bolster the power grid, making it easier for utilities to recover the costs of building poles and wires to transmit electricity across growing cities.

For years, cities have negotiated settlements with electric utilities over these proposed rate hikes, securing lower costs for residents and businesses if they can show the increase is excessive.

While electric utilities have to go before the Public Utility Commission every four years to justify what they charge overall, they have also been allowed since 2011 to periodically hike rates to cover new distribution lines and any related costs. As of now, companies can do a distribution-related increase  only once a year, and only if an existing rate isn’t under review by the PUC.

SB1015 would let utilities seek two distribution rate hikes a year, including when they have a rate case pending. And it would make the PUC, not cities, responsible for reviewing and challenging the hikes.

Critics say the bill would cost ratepayers millions. It would amount to “utility self-regulation,” with “the potential of multiple, sizable increases to ratepayers over a very short period,” argued Tina Paez, director of Houston’s Administration and Regulatory Affairs Department.

“The current law strikes a good balance between the utility that makes the capital investment and the ratepayers that fund it,” Paez told a panel of Senate lawmakers this week. “But the proposed bill would eliminate that balance, tipping the scales entirely in the utilities’ favor.”

The bill’s author, state Sen. Phil King, said the measure “is about trying to bring consistency and efficiency” to the process of recouping costs.

Aside from distribution costs, utilities are allowed to seek rate hikes up to twice a year for work on transmission lines, which carry electricity from power stations to substations (as opposed to from substations to homes and businesses). King said his bill would apply the same standard to both transmission and distribution lines.

The Weatherford Republican also said he wants to reduce the legal fees that utilities pay when cities challenge their interim rate hikes. Utilities are entitled to pass those litigation costs on to ratepayers.

“At the end of the day, whatever we do to streamline the administrative process, the review process, theoretically reduces attorneys fees, reduces other costs involved, and that ultimately saves the person paying the bill a lot of money,” King said.

The proposal comes as CenterPoint Energy, the regulated utility that distributes most of the electricity in the Houston area, prepares to recoup $200 million it spent to lease mobile power generators during emergencies.

I don’t know enough about this to say with any confidence what the effect of SB1015 would be. But I do know that I don’t trust Phil King, I fear the Republican attacks on cities’ authority, and any bill involving regulation of utilities that doesn’t come with the support of stakeholders like cities and consumer groups is automatically suspicious to me. Your mileage may vary, but that’s my perception of this one.

Posted in That's our Lege | Tagged , , , , , , , , , | Comments Off on Watch out for your electric bill

The Book-Loving Texan’s Guide to the May 2023 School Board Elections

Very much of interest.

Introduction

Basic Background: The Way to Win

This is the third cycle I’ve made this document, and I bring you good news: it is very possible to avoid a pro-censorship school board takeover, even in deep red districts in Texas. Look at what happened last November: Of the 38 red- and orange-highlighted candidates I tracked in the last version of this document, 30 lost. I profiled nine districts, and the good guys won out in seven of them on election day. Seven of the eight Texas candidates endorsed by Moms for Liberty lost. If you care about academic freedom and inclusive classrooms, election night in November of 2022 in Texas was a good night.

(That was a turnaround from last May, when pro-censorship, anti-inclusion candidates won the majority of spots on boards in races they contested. I wrote about the lessons from that election here.)

The rules for defeating pro-censorship candidates are simple: organize and inform. Banning books and attacking vulnerable students are unpopular positions, but candidates who support those positions have won way too many races for three reasons: 1) pro-censorship forces have a massive organization and fundraising advantage; 2) voters don’t know who the book-banning candidates are; and (to a lesser extent), 3) pro-censorship forces have been able to activate partisan instincts in red districts by turning non-partisan school board elections into a fight between Democrats and Republicans.

So what do we do? In the last edition of this guide, I called the path to victory the Eanes/Richardson playbook because of the great groups in those districts that effectively fought off well-funded slates of pro-censorship candidates. But last fall gave us many more examples of outstanding community groups doing great work to combat the better-funded, more-established PACs on the anti-inclusion side. Two very different but similarly effective groups that deserve mention are Access Education Round Rock ISD and the “StandUp” groups in the Houston suburbs TomballKlein, and (post-election) Conroe. If there’s a group like that in your community, join it now. If there’s not, start one. Reach out to the leaders of successful groups to learn how.

Those groups can help you with the “organize” part of the job. But organization depends on information, and that’s where this document comes in. Share what you see here; make it your goal that every voter going to the polls in May knows exactly who wants to ban books from and attack students in your district’s schools.

The document currently has information about candidates from thirteen ISD elections. There are opportunities on offense, to take out book-banners, as well as a number of good incumbents who will need protection. There are also some opportunities to learn more about an opponent to a known book-banner. Two of the featured ISDs are in the Houston area – Humble and Katy – while the others all appear to be in the D/FW area. I strongly urge you to check these out, to spread the word, to get involved, and to help make Texas’ school boards better places for all. Many thanks to Ginger, our weekly Dispatches from Dallas correspondent who I expect will have her own things to say about this, for the find.

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

The state’s requirements for HISD

It’s their job to make it happen.

After forging ahead with a takeover of the Houston Independent School District, state leaders have outlined three conditions that must be met before transferring power back to the elected school board, a process that will likely take years.

Education Commissioner Mike Morath said he wants to make sure the underlying causes for intervention have been addressed before releasing the district from state control. Morath has outlined the following goals: No campuses should get failing grades for multiple years, the special education program should be in compliance with state and federal regulations, and the board should demonstrate procedures and behavior focused on student outcomes.

Local education experts say those criteria are reasonable and good benchmarks, although it will be important to hold the state accountable to those standards and get more clarity about how those goals will be met.

“They’re definitely achievable,” said Duncan Klussman, former superintendent for Spring Branch ISD. “The state’s now in control. It’s their responsibility to produce that result, and we’ll have to see what happens.”

Klussmann, now an education professor at the University of Houston, said the academic performance benchmark in particular is “a very strict requirement, a very high expectation.”

“The biggest challenge here is producing that level of academic outcome in a system that is as large as HISD, where you have those schools at that level,” he said. “In a system that large, it’s a very aggressive goal.”

The district has made academic progress in recent years under House’s leadership, lifting 40 out of 50 schools from the state’s D and F accountability list.

[…]

Catherine Horn, interim dean at the University of Houston College of Education, said the TEA’s outlined goals are actually similar to the current focus and ongoing efforts by Superintendent Millard House II and the elected school board. 

“Those are really important indicators of the health of schools and the health of a district,” she said about the criteria. “I think that how those goals are achieved is going to be where the real challenge and opportunity lie.”

She said she hopes the appointed board will expand on the district’s ongoing progress and not pivot in a different direction.

Additionally, it will be important for teachers, parents and the community to get more clarity in the coming months about specific plans and decisions, she said.

Teachers will want to hear from a board of managers their pathway for accomplishing those goals laid out by the commissioner and by the agency,” Horn said.

[…]

The state is now responsible for their outcomes,” Klussmann said. “They’re now the entity that we all need to look at and say, ‘This is what you’ve said you expect of the system — and we’re going to hold you accountable to those outcomes.'”

Emphasis mine in all cases. For sure, it’s a big win all around if HISD meets these goals – the quicker, the better – and gets out from under the TEA’s yoke. Let’s just keep in mind two things along the way. One is that any delays, failures, hiccups, bumps in the road, what have you, are 100% the responsibility of the state of Texas. You wanted this, you got it. And two, HISD had already done a lot of the hard work to make this task easier for them, while already doing most of what the TEA says they need to do. The TEA will get credit if and hopefully when they succeed. But they’ll deserve a lot less credit for that success than blame for any failure that we all really hope doesn’t happen.

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

We finally have a reason for the timid police response in Uvalde

It was because the shooter was using an AR-15, and the cops didn’t want to get slaughtered.

Almost a year after Texas’ deadliest school shooting killed 19 children and two teachers, there is still confusion among investigators, law enforcement leaders and politicians over how nearly 400 law enforcement officers could have performed so poorly. People have blamed cowardice or poor leadership or a lack of sufficient training for why police waited more than an hour to breach the classroom and subdue an amateur 18-year-old adversary.

But in their own words, during and after their botched response, the officers pointed to another reason: They were unwilling to confront the rifle on the other side of the door.

A Texas Tribune investigation, based on police body cameras, emergency communications and interviews with investigators that have not been made public, found officers had concluded that immediately confronting the gunman would be too dangerous. Even though some officers were armed with the same rifle, they opted to wait for the arrival of a Border Patrol SWAT team, with more protective body armor, stronger shields and more tactical training — even though the unit was based more than 60 miles away.

“You knew that it was definitely an AR,” Uvalde Police Department Sgt. Donald Page said in an interview with investigators after the school shooting. “There was no way of going in. … We had no choice but to wait and try to get something that had better coverage where we could actually stand up to him.”

“We weren’t equipped to make entry into that room without several casualties,” Uvalde Police Department Detective Louis Landry said in a separate investigative interview. He added, “Once we found out it was a rifle he was using, it was a different game plan we would have had to come up with. It wasn’t just going in guns blazing, the Old West style, and take him out.”

Uvalde school district Police Chief Pete Arredondo, who was fired in August after state officials cast him as the incident commander and blamed him for the delay in confronting the gunman, told investigators the day after the shooting he chose to focus on evacuating the school over breaching the classroom because of the type of firearm the gunman used.

“We’re gonna get scrutinized (for) why we didn’t go in there,” Arredondo said. “I know the firepower he had, based on what shells I saw, the holes in the wall in the room next to his. … The preservation of life, everything around (the gunman), was a priority.”

None of the officers quoted in this story agreed to be interviewed by the Tribune.

That hesitation to confront the gun allowed the gunman to terrorize students and teachers in two classrooms for more than an hour without interference from police. It delayed medical care for more than two dozen gunshot victims, including three who were still alive when the Border Patrol team finally ended the shooting but who later died.

Mass shooting protocols adopted by law enforcement nationwide call on officers to stop the attacker as soon as possible. But police in other mass shootings — including at Stoneman Douglas High School in Parkland, Florida, and the Pulse nightclub in Orlando, Florida — also hesitated to confront gunmen armed with AR-15-style rifles.

Even if the law enforcement response had been flawless and police had immediately stopped the gunman, the death toll in Uvalde still would have been significant. Investigators concluded most victims were killed in the minutes before police arrived.

But in the aftermath of the shooting, there has been little grappling with the role the gun played. Texas Republicans, who control every lever of state government, have talked about school safety, mental health and police training — but not gun control.

There’s more, so go read the rest. That includes a note that the House committee report on the law enforcement response to the Uvalde massacre didn’t include any of these quotes from the officers present, and it also includes a deeply stupid and offensive quote from the deeply stupid and offensive Sen. Bob Hall. While the news of the cops’ hesitation to run into AR-15 fire is something we hadn’t heard before, the rest of this isn’t new at all. Mostly, we know what we’re not going to get from this Legislature and our state leaders. It’s just a matter of what we do about that.

Look, if we banned AR-15s and anything like them today and then began an aggressive program to buy them back and/or confiscate them, there would still be AR-15s and other guns like them out there. But there would be fewer of them, and that would lower the risk. If even the so-called “good guys with a gun” don’t want anything to do with a bad guy with an AR-15, then I don’t know what else we could do that might have the same effect. Like I said, it’s up to us. Daily Kos has more.

Posted in That's our Lege, The great state of Texas | Tagged , , , , , , , , , , , | Comments Off on We finally have a reason for the timid police response in Uvalde

Precinct analysis: State House 2022

We have data.

Texas Democrats and Republicans are beginning to gear up for a presidential election cycle in which opportunities to flip seats for Congress and the Legislature appear limited.

It’s a natural outcome after Republicans redrew legislative and congressional district boundaries in 2021 to shore up their majorities for the next decade, stamping out most districts that had turned competitive by the end of the last decade. Most of the remaining competitive territory was in South Texas, which is predominantly Hispanic, and where the GOP poured almost all their resources in 2022 — to mixed results.

On paper, there are few obvious pickup opportunities based on an analysis of the governor’s race results in each district. Among U.S. House seats, Republican Gov. Greg Abbott and Democratic challenger Beto O’Rourke did not carry any districts that are currently held by a representative from the other party. The same was true in the Texas Senate. And among state House districts, Abbott and O’Rourke each won only one that is currently controlled by the opposing party.

The statewide election results often provide a helpful guide of how a district is trending given that they often represent the highest-turnout contest in a district.

The size of the battlefield in 2024 could depend on the top of the ticket, which will be the presidential race. President Joe Biden is expected to run for reelection, and the Republican frontrunner to challenge him is former President Donald Trump, whose 2016 and 2020 runs yielded some of the closest presidential races in Texas in recent history. His closest competitor for the nomination is Florida Gov. Ron DeSantis, who has not launched a campaign yet but is widely expected to jump in.

There are other factors for the down-ballot contests that remain to be seen.

Even though Abbott signed off on redistricting in 2021, the lines could still change for the 2024 election. Various groups are suing over the maps, alleging things like intentional discrimination and efforts to dilute voters of color, and they are currently awaiting a trial in federal court in El Paso. On the line in the case are boundaries for seats such as a San Antonio state House seat currently held by GOP Rep. John Lujan; that seat is a top battleground in the Texas House.

My initial view of the new map, which looked at the past elections of the decade, is here, and an index of my look at the results from the 2020 election under the old maps is here. I’ll look at the other types of results in future posts, but today we focus on the State House. The 2022 data for the new map is here.

The gist of this story is that the Republican redistricting was very effective and that there aren’t many competitive districts, which means we’re headed for some boring elections, much as we had in the first couple of cycles last decade. That’s slightly less true for the State House than it is for the other entities, and I think the 2024 environment will at least differ enough from last year to produce some variance.

I’m presenting the districts of interest in two groups. One is the competitive Dem-held districts, the other is the same for Republicans. I’ve sorted them further into districts where Abbott or Beto took less than 55%, and districts where they won between 55 and 60 percent. With all that said, here we go. First up are the closer districts currently held by Dems.


Dist  Abbott   Abb%    Beto   Beto%
===================================
022   17,170  44.5%   20,822  54.0%
034   18,285  47.0%   20,128  51.7%
070   27,581  45.9%   31,749  52.8%
074   18,915  48.7%   19,218  49.5%
080   20,611  51.9%   18,249  46.0%

035    9,867  39.9%   14,517  58.7%
036   10,835  39.0%   16,525  59.4%
039   12,056  40.0%   17,686  58.7%
041   17,364  43.5%   22,125  55.5%
045   26,119  38.9%   39,783  59.2%
076   20,148  39.8%   29,705  58.6%
078   21,133  41.4%   29,140  57.0%
092   14,217  40.2%   20,680  58.4%
105   13,086  42.1%   17,515  56.4% 
113   17,848  41.2%   24,854  57.4%
115   22,605  42.1%   30,334  56.5%
135   16,443  40.0%   24,121  58.6%
144   11,566  43.3%   14,683  55.0%
148   15,451  41.2%   21,460  57.2%

As the story notes, the Republicans somehow failed to field a challenger to Rep. Tracy King in HD80, an oversight I expect they’ll fix in 2024. They made the same mistake in 2010 with then-Rep. Allan Ritter in HD21, but Ritter, an old school conservative rural Dem, rectified their error by switching parties. King, whose district is considerably bluer than Ritter’s was, seems unlikely to follow suit; among other things, he’s been pushing to raise the age to buy automatic weapons from 18 to 21, which puts him at odds with Republican orthodoxy. Never say never, and if the district continues a trend towards the red King could be amenable to such overtures, but for now I don’t see that happening.

For the others, HD70 is a newly-drawn Dem district, and I’d expect it to get bluer over time. HD74, which Rep. Eddie Morales won by 11 despite its closeness at the statewide level, was modestly blue based on 2020 results and should be more so in 2024, though if that isn’t true then expect a bigger fight later on. HD34 was purple-ish before redistricting, and as with HD74 I think it will be bluer next year, but again keep an eye on it. The one district that I think will become more vulnerable over time is HD22, in Jefferson County, which has a declining population and much like Galveston County in the 2000s and 2010s a reddish trend over the past decade. I’d like to see some effort made to shore it up, but I don’t know enough about the local conditions to know how feasible that is. Feel free to chime in if you do.

None of the other districts concern me. The Latino districts, I’d like to see what they look like in 2024. They’re all actually pretty spot on to the 2020 numbers, which given the overall lackluster Dem showing in many areas is moderately encouraging. The rest of them are in overall strong Dem areas, and I don’t expect any reversion of past trends.

Now for the Republican-held seats that Dems might like to target:


Dist  Abbott   Abb%    Beto   Beto%
===================================
037   20,551  51.1%   19,202  47.7%
052   41,813  52.5%   36,500  45.8%
063   35,831  54.8%   28,630  43.8%
094   34,479  54.7%   27,557  43.8%
108   46,796  52.6%   41,022  46.1%
112   35,245  50.6%   33,467  48.0%
118   25,172  48.5%   25,952  50.0%
121   40,300  51.1%   37,368  47.4%
122   47,856  54.7%   38,491  44.0%
133   33,195  54.4%   26,971  44.2%
138   31,077  54.1%   25,464  44.3%

014   27,936  56.9%   20,207  41.1%
020   48,367  56.5%   35,743  41.8%
025   31,545  59.3%   20,785  39.1%
026   36,266  57.7%   25,683  40.8%
028   38,940  58.1%   27,061  40.4%
029   33,393  58.8%   22,579  39.7%
054   23,763  59.7%   15,463  38.8%
055   28,125  58.4%   19,322  40.1%
057   37,715  58.1%   26,311  40.5%
061   39,753  56.1%   30,211  42.7%
065   41,487  56.9%   30,451  41.7%
066   41,464  56.9%   30,421  41.8%
067   38,127  56.3%   28,647  42.3%
089   38,701  57.5%   27,643  41.1%
093   34,136  57.6%   24,310  41.0%
096   35,260  55.2%   27,877  43.6%
097   36,059  55.2%   28,336  43.4%
099   31,869  58.6%   21,719  39.9%
106   41,639  58.3%   28,875  40.5%
126   35,835  59.4%   23,627  39.1%
127   39,102  58.5%   26,791  40.1%
129   37,118  56.8%   27,144  41.5%
132   35,079  57.0%   25,603  41.6%
150   33,857  58.3%   23,303  40.1%

I think it’s fair to say that the failure to win back HD118 was a big disappointment last year. I’ll use a stronger word if we get the same result in 2024. HD37 remains the subject of litigation – if there’s anything on the agenda to address it in this legislative session, I am not aware of it at this time. It had a slight Democratic tilt in 2020 and will clearly be a top target next year. As will HDs 112 and 121, with 108 and 52 a notch below them, though 108 is starting to feel a bit like a white whale to me. All things being equal, Dems should be in position to make a small gain in the House next year, with some potential to do better than that, and given everything we’ve seen since the dawn of time, the potential to do a bit worse as well.

The farther-out districts are mostly those we had identified as targets following the 2018 election, with a few adjustments for the new map. They’re all in counties and regions that had been trending Democratic. For the most part, I expect that to continue, but that doesn’t have to be monotonic, nor does it have to be at a fast enough pace to make any of these places actually primed to flip. I’ve said before that the way Tarrant County was sliced up it gives me “Dallas County 2012” vibes, but whether than means that a bunch of districts eventually flip or they all hold on if by increasingly tight margins remains to be seen. We’ll know more after 2024.

In theory, there won’t be many truly competitive districts in 2024, like there weren’t last year. The national environment, plus the higher turnout context, plus whatever yet-unknown factors may be in play will surely affect that, by some amount. I’d like to see an optimistic view for next year and get as many strong candidates in as many of these districts as possible, but that’s far easier said than done. This is not that different than how things looked after the 2012 elections, and we know how things went from there. Doesn’t mean anything will go any particular way or on any timetable, it’s just a reminder that there’s only so much we can know right now. I’ll have some thoughts about the other district types going forward. Let me know what you think.

Posted in Election 2022 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments

More on the Denton experience with marijuana decriminalization

A long story from the Dallas Observer.

Nick Stevens stood before the Denton City Council looking equally frustrated and determined. The activist had helped to lead the grassroots charge to decriminalize marijuana in the North Texas college town. Now he was there to defend Proposition B, which more than 71% of the city’s voters had supported in a high-turnout November vote.

Stevens and other activists with the group Decriminalize Denton had fought hard to pass one of the state’s first ordinances to decriminalize low-level marijuana offenses, but they received bad news the day after the election. Denton officials announced in a Nov. 9 memo that the city “does not have the authority to implement” some of Prop B’s provisions.

Facing council members during the Feb. 21 meeting, Stevens emphasized that even if they didn’t personally like the ordinance, they should still respect the will of Denton voters.

“That’s what being a representative is all about,” Stevens said. “It’s about listening to your constituents.”

Decriminalize Denton blasted the ordeal over Prop B as an “attack on democracy” in a press release. Advocates point to other Texas cities such as Austin that have implemented near-identical measures. Voters in San Marcos, Elgin, Harker Heights and Killeen similarly approved decriminalization during the midterm elections. But others have argued that the merits of the ordinance aside, the city of Denton’s hands are tied.

Prop B would mean, in part, that police could no longer issue citations or execute arrests for misdemeanor quantities of marijuana, except under certain limited circumstances. It would also bar law enforcement from using the “smell test,” meaning the scent of weed couldn’t serve as an excuse for search or seizure.

City Manager Sara Hensley explained during the Feb. 21 work session that Denton doesn’t have the authority to implement the parts of Prop B that run afoul of state law. She noted in her presentation that from Nov. 1 to Jan. 17, local officers made 52 citations and/or arrests related to pot or paraphernalia. (Prop B advocates have asked to see the demographic makeup of this, as did the Observer, but the police department didn’t respond to the request.)

Hensley argued that the Texas Code of Criminal Procedure, which mandates that police enforce state law, essentially supersedes the proposition. Denton’s police chief further vowed that the department would continue to make minor marijuana offenses a low priority.

To Deb Armintor of Decriminalize Denton, though, hearing the number of arrests and citations was “infuriating.”

“This is what they call ‘low priority’?” Armintor, a former Denton City Council member, told the Observer. “This is business as usual.”

Another local marijuana advocate spoke at the February meeting. Eva Grecco described how she went out day after day to gather enough signatures to place Prop B on the ballot. Many seniors can’t afford to spend thousands of dollars on medications each month, she said, and marijuana is a viable alternative.

“‘The times, they are a’changing.’ I am a mother. I am a grandmother. I am a great-grandmother,” Grecco said. “I myself do not smoke marijuana, but I fought very hard for this Proposition B to pass.

Grecco also tried to appeal to the council by noting that some members are themselves parents: “The more you fight the will of the people, these are the things your children will remember in the future.

“I’m just really angry — angry that all this time has gone by and certain members of this council and city manager have refused to listen or comply with the will of the people,” she continued. “Whether you like it or not, your personal choices do not matter. We do not vote for any of you for your personal choices.”

Grecco, Stevens, Armintor and the rest of Decriminalize Denton aren’t alone in their vexation. Some of the city’s voters have reported experiencing déjà vu. The battle over Prop B in uber-conservative Texas isn’t the first time that their voices have been muted following a landslide vote.

[…]

”The progressive group Ground Game Texas partnered with advocates in Denton and other cities to help lead the decriminalization campaign. Mike Siegel, the group’s co-founder and general counsel, agrees that Prop B is enforceable. City councils in Texas often adopt ordinances that may face legal challenges, he said, but they can press on until a judge tells them otherwise.

“You can see how the city manager is disrespecting the people as policymakers, even though the Texas Constitution and the city charter of Denton guarantees the people the policy-making rule,” he said. “Because the city manager is treating the people’s vote as something less than our regular city council vote, and that’s not how it should be under the law.”

The way Siegel sees it, voters should have been advised of legal risks prior to hitting the ballot box, but afterward? “Once they voted, that should be respected like any other ordinance in the city code.”

Denton City Council member Jesse Davis said the council has known for a long time that much of the measure is incompatible with state law. Davis told the Observer that parts of the ordinance, like the budgetary provisions, can’t be enacted by referendum. “Otherwise, you’d have people voting on referendums like: The tax rate is zero, the city budget only goes to fix the streets in my neighborhood,” he said.

City council members can’t simply ignore that Texas law exists and they can’t tell the police which rules to enforce, Davis said. But members are ready to focus on what they can do moving forward instead of what they can’t.

The democratic process isn’t just polls and referenda and headcounts; it includes representative democracy, Davis said. Each city council member was elected by the people, and each took an oath to uphold the laws of the U.S. and state constitutions.

Davis said a number of his constituents have contacted him about Prop B.

“I had to have some frank conversations with them about where we fall in the hierarchy of legislation,” he said. “And I’m very frustrated by some folks out there in the community who know better, or should know better, [who are] misleading people about our role in the scheme of laws and statutes in the state of Texas.”

Davis will face a recall on May 6, the same day he’s up for reelection, after detractors circulated a petition that partly claims he’d ignored “the will of over 32,000 Dentonites” when it comes to the ordinance. He contests that assertion as “factually inaccurate” and said he’s confident that voters will cast their ballot based on his record.

See here for the background. The story mentions that this isn’t the first time that Denton activists passed a ballot referendum that ran into resistance. This is a reference to the Denton fracking ban of 2014, which was challenged in court before it was implemented and subsequently nullified by the Legislature. This case is a little different in that the ordinance was implemented but not fully, with the argument being over how much of it can be done. There isn’t litigation yet (at least not in Denton) but there is a request for an AG opinion, and I have to believe that the Lege will weigh in, given their utter hostility to local control.

Anyway. I believe both sides here are arguing in good faith. I get everyone’s frustration. Ultimately, this is a state problem, both in terms of how marijuana is handled legally and in how much ability cities have to govern themselves. The solution has to be at the state level as well. I just don’t see any other way forward, given where we are. It will not be easy. There is no easy way. I wish there were.

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

Commissioners Court supplements Public Defender budget and supports adding more courts

Good moves.

Harris County Commissioners Court this week approved a package of public safety measures to support state legislation to create additional district courts, expand the county’s holistic assistance response team program and look at enlarging the public defender’s office.

The measures are aimed at ongoing efforts to reduce the ongoing backlog in the county’s criminal courts system and relieve persistent jail overcrowding. The public defender’s office, for example, currently has capacity to handle fewer than 20 percent of indigent criminal defense cases, leaving the rest to court-appointed private attorneys, who last year earned more than $60 million in fees while, in many cases, taking on caseloads that exceeded state-recommended limits, a recent Houston Chronicle investigation revealed.

The resolution in support of the Texas Legislature creating six additional courts in Harris County passed by a 4-0 vote, with County Judge Lina Hidalgo abstaining, citing fiscal concerns. Hidalgo said that while she was in favor of adding more courts she would only support the measure if it required the state to cover the cost of maintaining additional courts, which comes out to an estimated $17 million per year.

“We don’t have the money for it and somebody needs to call it like it is. I will call it like it is. We cannot afford this,” Hidalgo said, adding that the county would be in a position to cover the cost had two Republican commissioners not forced the county to adopt a lower tax rate last fall.

[…]

Another measure passed by the court Tuesday directed county departments — including Harris County Public Health, the Office of County Administration and the Office of Management and Budget — to develop a plan to expand the county’s Holistic Assistance Response Team, or HART program, in which mental health and social work professionals respond to certain types of emergency calls instead of law enforcement officers. The fledgling program in a section of north Harris County, has responded to more than 1,900 calls since beginning operations last March, according to the county.

Handled incorrectly, police responses can turn deadly; according to a 2015 report from the Treatment Advocacy Center, a nonprofit that promotes access to mental health care, people with untreated mental illness are 17 times more likely to be shot dead by police.

Sheriff Ed Gonzalez told the court Tuesday that his deputies have found the program effective.

“Our busiest area was in north Harris County off the 1960 corridor. We did some holistic approaches out there that balance community outreach with enforcement and the procedural justice way. We were able to turn that area, during that pilot program, from the busiest area down to number three. And so it works,” Gonzalez said.

The measure approved by the commissioners would expand the HART program into Harris County Precinct 4.

On a motion by Precinct 4 Commissioner Lesley Briones, the court also requested the county work on a plan to expand the public defender’s office. The proposal approved by the court would save the county money by having up to 50 percent of indigent defense cases handled by the public defender’s office rather than the more highly paid private attorneys, Briones said. One of those attorneys earned $1 million last year, handing 399 felony cases and 207 misdemeanors.

See here, here, and here for the background. I agree with trying to get more courts, and I definitely approve of expanding the Public Defender Office; the story notes some issues with each, which you can read for yourself. I don’t know how I missed the Holistic Assistance Response Team (HART) story – okay, I do know, it was published last October 13, when I was fully encumbered with Election Brain – but it’s a great idea and seems to be catching on. It was also opposed by The Loser Alexandra Mealer (insert rude hand gesture here), so yay us for avoiding that mistake. Just, please, make sure that HART is an item in the Sheriff’s budget so that we don’t run into any further “defunding” bullshit. Anyway, kudos all around for this.

Posted in Local politics | Tagged , , , , , , , , , , | Comments Off on Commissioners Court supplements Public Defender budget and supports adding more courts

Weekend link dump for March 19

“In other words: Christian advocacy group accuses Conservative and Reform Jews of lying about their own religious dogma. This will end well.”

“Netflix TV users can now customize the appearance of subtitles and closed captions on the streaming platform, allowing subscribers to adjust the size and style of the text.”

“How much would it take for you to publicly pledge allegiance to a man you privately loathe? Not just once, but night after night, in a pair of stale khaki pants? Really think about it: How much would it take for you to sell out, knowing full well your own lies convince others to live in delusion?”

“I’m literally writing the book on planetary defense, so I know things about errant space rocks. And asteroid 2023 DW – with its small-but-not-zero chance of hitting Earth on Feb 14, 2046 is making headlines. So: let’s sort a few things out, shall we?”

“With that new topline metric top of mind, we’ve ranked the major streamers by last quarter’s revenue and included their most up-to-date subscriber tallies. It should come as no surprise that More Subscribers = More Money, but they don’t always go in lockstep. And yes, we know not every quarter is created equally for every streamer, but it’s the latest data we’ve got to go on.”

“These are the words from other languages that don’t have a direct equivalent in English, and yet carry so much meaning.”. I really related to “soubhiyé”, which refers to the period of time early in the morning when you’re the only one awake in the house and you can just have some time to yourself. You non-morning people will have to find your own equivalent word for the late night period when you’re the only one up.

“Gannett’s most recent annual report drives home the fact that no company has done more to shrink local journalism than it has in recent years.”

“Twitter is in a period of decline. The site still functions, people are still using it, but there’s a familiar stink that lingers on the website. It reminds me of the twilight days of two other social media platforms I’ve used: LiveJournal and Tumblr — onetime vibrant communities that grew in popularity until everyone seemed to be using them, which then began a long, slow death.”

“And it is hard, at least for me, not to notice the gap between the decisive response of the US Federal Government and the lack of any coherent response (other than complain and ask for help) from the VC and tech world.”

What Counts As a Bailout?”

Never listen to a word Jim Cramer says.

RIP, Bud Grant, Pro Football Hall of Famer who coached the Minnesota Vikings to four Super Bowls.

RIP, Joe Pepitone, former All Star first baseman primarily for the Yankees.

RIP, Pat Schroeder, former US Representative from Colorado and feminist trailblazer.

RIP, Dick Fosbury, Olympic gold medalist who revolutionized the high jump via his “Fosbury flop”.

RIP, Rolly Crump, Disneyland designer who worked on the Haunted Mansion, It’s a Small World, and the Enchanted Tiki Room.

“Silicon Valley’s Titans Are Realizing a Lot of People Really Don’t Like Them“.

This interview with legendary MAD artist Al Jaffee is from 15 years ago, but it’s in honor of Jaffee turning 102 (!), so go read it. He’s delightful.

Here’s The Tau Manifesto, for those of you who think Pi Day isn’t nerdy enough. Tau Day would be June 28, in case you’re wondering.

Wait, they’re making a movie about BlackBerry? I…may have to see that.

“Silicon Valley Bank was fine. It’s Silicon Valley that’s broken.”

A detailed history of the solar panels that were once on the Carter White House.

“Anti-Woke Author Who Could Not Define Woke Gets Petty”. What’s kind of amazing about this is that the person who asked her the question that completely tripped her up is herself one of the Internet’s leading jackasses. Be that as it may, enjoy the video if you haven’t seen it.

I feel really bad for Edwin Diaz, but I fully agree that it is the players’ decision whether or not to play in the WBC.

Lock him up.

RIp, Lance Reddick, actor best known for his work on HBO’s “The Wire” and the “John Wick” movie franchise – and for me, on “Fringe” and “Lost” and “Bosch”. He’ll portray Zeus in the forthcoming Percy Jackson TV adaptation, if you want one more chance to see his work.

“Brown freshman Olivia Pichardo became the first woman to appear in a Division I baseball game when she pinch hit in a 10-1 loss to Bryant on Friday.”

Posted in Blog stuff | Tagged | 2 Comments

Federal complaint filed over TEA takeover

We’ll see if it can have an effect.

The Greater Houston Coalition for Justice this week filed a complaint with the U.S. Department of Education alleging that Texas is discriminating against Houston schoolchildren by taking over the majority-minority school district.

Johnny Mata, presiding officer for the coalition, outlined the allegations in a Wednesday letter addressed to U.S. Education Secretary Miguel Cardona.

The coalition filed the complaint on behalf of the Houston Independent School District and against the state of Texas, Gov. Greg Abbott, Education Commissioner Mike Morath and the Texas Education Agency, according to a copy of the letter shared with the Chronicle.

Mata said he believes the TEA is violating a federal civil rights law by taking control of HISD. The contentious takeover has sparked outrage and pushback in recent days among teachers, parents and community advocates who say the move is a political attempt to destroy public education. 

“They’re asking for a fight,” Mata said about state leaders. “They’re playing games, they’re playing politics, they’re catering to their base, and that’s unconscionable.”

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and national origin. This civil rights law and others extend to all state education agencies, schools and universities, according to the U.S. Department of Education.

Anyone may file a complaint with the federal education department’s Office for Civil Rights, which enforces federal civil rights laws in educational programs or activities that receive federal funding, according to the government website.

[…]

HISD may request an administrative review by the State Office of Administrative Hearings by March 30, according to the commissioner.

Mata, who is not a lawyer, said he disagrees with the state interpretation of the takeover law.

“State law is superceded by federal law and they cannot and should not discriminate against anyone,” he said.

U.S. Rep. Sheila Jackson Lee has said she is also seeking federal intervention in the takeover by speaking with the Biden administration and other members of Congress.

A spokesperson for the federal education department confirmed that it has been in touch with Lee’s office.

“We cannot prejudge the effect of state and local decisions that have not yet been implemented,” the spokesperson said. “At the U.S. Department of Education, our most important focus is to ensure all students receive high-quality education. We always value and encourage community input in education decisions, and every school district should ensure that community rights are respected.”

See here for the background. I don’t know what the likelihood of federal action is, nor do I know what kind of timeline they might be on, or what procedural steps there may be along the way. I do feel confident that if the feds step in that the state would file its own complaint in federal court, and who knows what happens from there. It’s a lot, at least potentially. Or maybe it’s nothing, if the feds decline to act or decide they don’t have the authority. Like I said, who knows? It’s not boring, we know that much.

Posted in School days | Tagged , , , , , , , , , , , , | Comments Off on Federal complaint filed over TEA takeover

Uvalde families ask to be added to the public information lawsuit against DPS

A direct response to the Uvalde County DA and her questionable claims.

Some Uvalde families of victims who were killed or injured during the massacre at Robb Elementary School last year have asked a judge to add them as plaintiffs to a lawsuit against the Texas Department of Public Safety to argue that public records related to the shooting be released.

Numerous news organizations, including The Texas Tribune and ProPublica, are suing DPS for records that could provide a more complete picture of law enforcement’s response to the shooting, which left 19 students and two teachers dead in the border community.

Thomas J. Henry and Robert Wilson, the lawyers for the families of a teacher and a student killed, and other injured children, wrote in a court document filed in the case this week asking to be part of the lawsuit because they have the same interest as the news organizations suing.

“The reasons given for the withholding of the investigation or finding of the Texas Rangers and the Texas Department of Public Safety are without merit and unreasonable,” the lawyers wrote. The families “as victims of the tragedy, have a compelling need for the information that will override the need to keep the information withheld.”

[…]

Last week, [Uvalde County DA Christine] Mitchell’s office claimed in a court affidavit that the families of every child who was killed shared her view of withholding the investigative report.

“All of the families of the deceased children have stated to District Attorney Mitchell that they do not want the investigation of the Texas Rangers released until she has had ample time to review the case and present it to an Uvalde grand jury, if appropriate,” her office wrote.

But the families’ attorneys said they do want the report released.

“These Uvalde families fundamentally deserve the opportunity to gain the most complete factual picture possible of what happened to their children,” wrote Brent Ryan Walker, one of the attorneys who represents the parents of 16 deceased children and one who survived, in a court affidavit filed in the lawsuit.

See here for the previous update. As I said then, the clearest takeaway here is that one should be very reluctant to publicly lie about things that can be easily fact-checked. I mean, okay, the entire Wingnut Cinematic Universe contradicts that thesis, but we’re in the context of legal filings, and grieving parents who will surely have long memories. I have hope this will matter on both fronts.

Posted in Legal matters | Tagged , , , , , , , | Comments Off on Uvalde families ask to be added to the public information lawsuit against DPS

More World Cup events on tap for 2026

Cool.

The 2026 World Cup soccer tournament is expanding by 24 games, and Houston is prepared to handle any added games.

FIFA voted Tuesday for a change in format to the 48-team event by adding games. The total of 104 matches is 40 more than were played in the 2022 World Cup in Qatar with 32 teams. The 2026 tournament already had planned to increase the field to 48.

“Houston is flexible,” said Janis Burke, the CEO of the Harris County Houston Sports Authority.

Games will be played at NRG Stadium, but FIFA had not previously released information on how games would be divided among the 16 host cities in the U.S., Canada and Mexico.

Houston had been expecting to host as many as five or six matches in the previous format and could likely handle as many as eight.

“We welcome as many games as we can,” said Chris Canetti, president of the Houston World Cup committee. “We know nothing is guaranteed.”

The Houston organizers have a time window with NRG already under contract that would handle any potential games.

The extra games, which would come in the group stage, would be played within the tournament’s traditional June-July calendar.

See here for the background. There will now be 12 groups of four teams, up from the eight groups of four now, with a 32-team knockout tournament from there. All I can say is bring it on. I’m ready to go buy some tickets now.

Posted in Other sports | Tagged , , , , , , , , , , , , | Comments Off on More World Cup events on tap for 2026

Asking the feds to stop the TEA takeover

Can’t hurt to ask.

U.S. Rep Sheila Jackson Lee said Thursday she is seeking federal government intervention to halt the Texas Education Agency’s takeover of the Houston Independent School District.

Jackson Lee said she has been in contact with the White House frequently over the past years and is now speaking to President Joe Biden’s assistant secretary and the U.S. Office of Civil Rights

“I truly believe that this is a clearly defined matter of discrimination,” Jackson Lee said, adding that other districts have faired similarly to HISD but are not facing takeovers.

Wheatley High School, which received failing grades from the TEA for seven consecutive years, is at the center of the debate over the HISD takeover. While the TEA takeover remained in legal limbo for over three years due to a lawsuit from the district, Wheatley High School has since earned a C grade.

The TEA has said the performance of Wheatley High School is not the only reason for its decision to take over the district. TEA Director Mike Morath pointed to a corruption scandal in which trustees admitted to accepting kickbacks from district vendors as well as a state conservatorship the TEA had placed over HISD for over two consecutive years.

Lee said she has also been speaking with fellow members of Congress, and has distributed a letter criticizing the takeover.

The story notes that the Chron has not yet seen a copy of the letter; I’d have linked to it if there had been a link in the piece. I have previously suggested that federal intervention is the only possible means of stopping this now, given that passing a new law would take far too long and has at best an uncertain chance of happening. That doesn’t mean I think it has a good chance of success, or that the state would sit idly by if it did happen. My best guess is that the Education Department will review Rep. Jackson Lee’s letter but is unlikely to take action, unless they see a clear justification for it.

On that score, I will note that in a world where we still had a fully functioning Voting Rights Act, the TEA would almost certainly have had to get preclearance to sideline the elected Board of Trustees as they will be doing. (This thought is not original to me, I saw it mentioned somewhere else, maybe on Twitter, but I don’t remember where.) That doesn’t mean the takeover couldn’t have happened, just that it would have required more effort on the TEA’s part, or perhaps that the TEA would have gone about it differently. I will also note that if this is the scandal in question, it involved one Trustee who hasn’t been on the Board since 2020. It’s a thing that happened, but we should acknowledge that no current Trustees – you know, the ones who are going to be replaced – were involved.

UPDATE: The Greater Houston Coalition for Justice has filed a complaint with the U.S. Department of Education regarding the takeover. I’ll post separately about that but wanted to acknowledge it this morning.

Posted in School days | Tagged , , , , , , , , , , , | Comments Off on Asking the feds to stop the TEA takeover

SCOTx denies pre-election challenge to San Antonio marijuana reform referendum

First the voters will vote, then as needed the lawsuits will happen.

The Texas Supreme Court ruled Friday that any legal challenges to a proposed charter amendment on policing reforms must wait until after voters weigh in on the measure in the May municipal election.

While the court did not expressly deny the idea that the charter amendment could violate a state law prohibiting multi-subject charter amendments, Justice Jane Bland wrote that “voters injured by an election irregularity have remedies to address their injury after the election.”

The proposal brought forth by Act 4 SA and other progressive groups seeks to decriminalize marijuana and abortion, ban police chokeholds and no-knock warrants, expand the city’s cite-and-release program for nonviolent, low-level offenders, and create a city justice director to oversee the implementation of those changes.

The measure will be on the May 6 ballot as Proposition A.

Bland also suggested that an effort by three Northside councilmen to skip the City Council vote approving the measure for the ballot could have an impact on its future. Manny Pelaez (D8), John Courage (D9) and Clayton Perry (D10) left the dais shortly before the pro forma vote in February, viewing the measure as unenforceable.

“Sufficient post-election remedies exist that permit the voter to challenge any infirmity in the proposed amendment and its placement on the ballot — after the voters have had their say,” Bland wrote.

[…]

Council approved the ballot 7-0 in the absence of the three council members.

That move triggered a second challenge from TAL’s lawyers, which petitioned the court to remove the charter amendment from the May ballot on the grounds that the San Antonio City Charter prescribes a 10-day delay for ordinances that pass with fewer than eight votes to go into effect. That deadline was Feb. 17, a day after the council vote.

“Our role is to facilitate elections, not to stymie them, and to review the consequences of those elections as the Legislature prescribes,” Bland wrote. “We can readily do so in this instance through a post-election challenge.”

A dissenting opinion from Justice Evan Young pointed to the decision of the three councilmen who were absent from the vote as a pivotal move.

“None of the Court’s stated reasons apply here because they all depend on the same mistaken premise: the existence of a lawfully ordered special election,” Young wrote.

Young noted that in order to hold a special election, a city council must order it at least 78 days beforehand.

“The city council clearly failed to follow that binding legal requirement here,” wrote Young, who was joined by Justices John Devine and Jimmy Blacklock.

In a written response to TAL’s petition, outside lawyers for the San Antonio City Council argued that the city’s 10-day delay doesn’t apply to putting the Justice Charter on the ballot because Texas Election Code supersedes the city’s authority on the matter. The election code doesn’t stipulate the margin by which measures setting an election must be approved, the lawyers wrote.

See here and here for the background. I believe this was the correct ruling, and I agree with Justice Bland’s reasoning. I also think this proposition will face some significant legal headwinds if it does pass, but that’s a fight for another day. Until then, we’ll see how it goes in May. The Current has more.

Posted in Election 2023, Legal matters | Tagged , , , , , , , , , , , , , , , | 4 Comments

Harris County creates reproductive health access fund

Good.

In a bid to protect residents’ already restricted access to reproductive health care, Harris County officials voted to approve a proposed fund to go toward Harris County Public Health and smaller community organizations at Tuesday’s Commissioners Court meeting.

The reproductive health care access fund passed on a 4 to 1 vote, with Republican Precinct 3 Commissioner Tom Ramsey at odds with his Democratic counterparts.

This fund will allocate $6 million in federal dollars from the American Rescue Plan to assist Harris County Public Health and the partner organizations in providing reproductive care – including contraception, family planning education, preconception health screenings, and STI testing and treatment – to a minimum of 20,000 residents, said County Judge Lina Hidalgo.

It would not include abortion funding or related pregnancy termination services, as Texas has a total ban on abortion even in cases of rape or incest, allowing it only if continuing the pregnancy puts the mother’s life in danger.

The total amount will be distributed in three parts, with $1.1 million going toward expansions for Harris County Public Health’s services, $4.2 million to funding care at the partner organizations, and the remaining $700,000 for operating expenses for these partner organizations and the county’s health facilities.

This fund is a response to Hidalgo’s resolution passed last year following the Dobbs decision, which overturned Roe v. Wade, making abortion illegal in in most states, said Precinct 1 Commissioner Rodney Ellis, who accompanied Hidalgo at a press conference held on Monday at Planned Parenthood Gulf Coast’s headquarters.

“There is only so much we can do to stop these draconian, dangerous laws,” Ellis said. “But we can use the resources and power we have in Harris County for residents to access health care services they need to make decisions about their health, family and future. That is what this fund will do.”

Here’s a preview story in the Chron about this action. Because this was onetime grant money, the fund is in place for two years, and after that Commissioners Court will either have to pay for it themselves or find other sources for it. That’s a problem for Future Them; this will address a real need in the here and now, and that’s what matters. Here are a couple of tweets from Judge Hidalgo about it. Good job to the four members of the Court who made this happen.

Posted in Local politics | Tagged , , , , , , , | Comments Off on Harris County creates reproductive health access fund

So now we start processing what happened and what will happen with the TEA takeover

The Chron editorial board points to three key items.

Still, if this takeover must happen — and Texas Education Agency announced Wednesday that it is indeed happening — we want it to work. Houston’s schoolchildren don’t have time for another failure. There’s no re-do for high school; these are precious years that even the most cynical politician shouldn’t endeavor to squander. Hear us on that, Governor Abbott.

Our skepticism and worry for the schoolchildren in the path of this takeover are tempered by other things: curiosity about how this experiment will work and even a glimmer of hope about what it could accomplish if TEA’s commissioner, Mike Morath, keeps his word to put kids first.

It won’t stand a chance, though, if there’s not some measure of buy-in from kids, parents and the greater Houston community. Right now, there seems to be largely outrage and fear. Trust, if it comes at all, will require transparency and integrity from Morath and the district’s new leaders.

So, how will we know if this takeover is really about improving schools and the future of Houston’s schoolchildren? Three things:

Leadership: Who will lead the district?
Morath said the next superintendent to lead the 187,000-student district would be appointed in the summer but the name of the person is less important than his or her qualifications and character. Ideally the person would have knowledge of Houston or at least Texas. Most important, though, is experience running a large district and overseeing a successful turnaround. The next HISD leader should be reform-minded but not for reform’s sake. Morath has acknowledged that much is working well in the state’s largest district and many kids are “flourishing,” as he told The Houston Landing’s Jacob Carpenter. The next leader should build on that and endeavor to scale it up across the district so that more kids can know the rigor and high expectations of a Carnegie Vanguard High School, the expertise of a Michael E. DeBakey High School for Health Professions and the inspiration of a Kinder High School for the Performing and Visual Arts.

As for the board of managers expected to replace HISD’s elected board of trustees in June, we implore Abbott to keep the cronies to a minimum. The state should appoint a good mix of educators, parents, business leaders – all of them ideally from the Houston area. They should have a stake in the results but be free of conflicts that could compromise their judgement. We’re glad to see that Morath, in his interview with The Landing, encouraged “people of integrity and wisdom” who are “interested in supporting kids, who truly love kids” to apply “soon” at the TEA website for positions on the board. When this takeover was initially announced in 2019, a diverse group of nearly 250 people applied to serve on the board of mangers and some underwent training. In the three years since, the process was paused by lawsuits. TEA is beginning anew, but not from scratch, given the pool of volunteers who have raised their hands to help.

Strategy: Is the plan based on evidence or politics?
We know what works in education, and no, it’s not merely more money, smaller class sizes or even parental involvement. Those things can help but only in certain contexts, as Amanda Ripley wrote in her 2013 bestseller The Smartest Kids in the World: and how they got that way. Generally, the ingredients to quality public education, according to research, are higher standards, better trained, supported and paid teachers to implement the higher standards, plus accountability to ensure that they do. The state, via the new leaders chosen, will have the space to innovate and perhaps make bold decisions that would normally be politically unpopular if an elected board were still calling the shots. But the guiding star must be best practices. What has truly been proven to work, not just in this country, but in other nations where student performance far outpaces our own.

[…]

End game: This takeover should lead to reform, not purgatory.
There’s a reason “independent” appears in the names of districts across this state. We believe, as do many Texans, that local public school should be run locally, by elected leaders accountable to the public. The TEA must outline a clear plan of action and a timeline to get the work done promptly. Morath told The Landing that he doesn’t expect state control over HISD to last longer than the typical two to six years. But how will we know when the problems that triggered this takeover are solved? It should be clear to all based on clearly defined standards and benchmarks that TEA sets for gauging success. The state agency has already articulated some of these: no campus should receive a D or F state rating for multiple years, the district’s special education program must comply with federal and state requirements, and, more generally, more time during school board meetings should be devoted to discussing student outcomes versus discussing administrative factors, the Chronicle reported. More specificity is needed but these terms seem relatively modest and doable.

I think we’ll know a lot from the announcement of the Board of Managers, and from the naming of a Superintendent. As I noted yesterday, three current Board members, all elected since that initial round of recruitment, were on that list of 243 names. We could get some decent selections, or we could get a bunch of hacks and cronies. The same is true for the Superintendent, and while Mike Morath says he’s bound by the law to pick someone, I don’t see why he can’t name Superintendent House as his choice. We’re in uncharted territory, if you really want to do what’s best then do the obvious here.

The other two items will flow from the first. A decent Board will want to follow best practices and implement genuine improvements – and here I will say that I’d like to hear what that Board ought to do that wasn’t already at least being discussed by this Board – and want to get out in a timely fashion. The first of these should again be clear to us from the beginning, the second may take time to become clear, though having clear objectives and metrics to determine them up front will help a lot. The less we hear from Greg Abbott and the usual crowd of enablers the better. I do actually think Mike Morath wants this to work, if only for his own legacy, and the best way for that to happen is for him to be more or less left alone by Abbott. Like I said, go put your own name forward for this Board if you can. Let’s put that first principle to the test now.

And keep up the pressure wherever you can.

With the news today of the Texas Education Agency taking over Houston Independent School District, Democrats in the Texas House warned that Houston ISD was set up to fail through a lack of funding and state support and that it could be the precursor to other state takeover attempts of districts around the state for political reasons.

“When it comes to TEA, you can’t be the arsonist and the firefighter,” said Rep. Trey Martinez Fischer, a San Antonio Democrat and chair of the House Democratic Caucus.

Democrats argued during a Wednesday afternoon press conference that school funding in Texas has lagged behind inflation for years, that teachers are paid so poorly they’re leaving the profession in droves and that retired educators are languishing in poverty because of the lack of inflation adjustments to their benefits over the last several decades.

The underfunding has brought huge challenges for schools, especially those in large school districts like Houston ISD where there are many children from lower-income families, they said.

They pitched a plethora of fixes, including increasing the basic per-student funding number by far more than Republicans have proposed, shifting the funding model from one based on attendance to one based on enrollment and giving retired teachers significant benefit bumps.

Although Democrats are the minority party in both the House and the Senate, Martinez Fischer said he believes the House will need to vote on certain measures that require 100 votes to pass.

Since Republicans don’t have enough votes to do that on their own, he thinks he has leverage to press for some priorities — with investment in public education “at the top” of that list.

One bill they said they hoped to win bipartisan support for was brought by Rep. Alma Allen, a Houston Democrat and vice chair of the House Public Education Committee. It would give the TEA the option to decide against the takeover of school districts, as is happening now with Houston ISD. The agency says its hands are tied legally, and it must move forward with the takeover.

As we have discussed, there’s not much that can be done about the current situation other than holding Morath and the TEA and the future Board of Managers to the promises that have been made about what the goals are of this whole thing, but using whatever leverage Dems have to pass the takeover modification bills is a good use of their time. At least we can try to prevent this from happening again. The Trib and the Texas Signal have more, as do Stace, who fears that any good people on the Board of Managers will be tainted by the bad things it is likely to do, and Campos, who encourages “good, smart, and decent folks to sign up”, have more.

Posted in School days, That's our Lege | Tagged , , , , , , , , , , , , , , , | 2 Comments

Appealing the injunction that halted DFPS investigations of trans kids’ families

Just keeping you informed.

Attorney General Ken Paxton, in an appeal, is asking the courts to lift an injunction that stopped the state from conducting child abuse investigations over transition-related medical care for transgender youth. Paxton argued that the families — belonging to PFLAG, an LGBTQ advocacy group — did not suffer injuries as a result of the Department of Family and Protective Services’ investigations.

A June lawsuit against the state, filed by the American Civil Liberties Union and Lambda Legal representing the families of transgender youth, resulted in a temporary injunction which paused the DFPS investigations, ordered by Gov. Greg Abbott earlier last year.

Paxton filed the brief on Friday in response to the plaintiffs’ request that the injunction be upheld in January. In his reply, Paxton sought to overturn that court-order injunction issued in September.

The 3rd Court of Appeals will determine if the injunction will hold up, either by hearing from both sides in oral arguments or simply ruling on the briefs filed. Until then, the injunctive relief will remain in place, according to Karen Loewy, senior counsel and director of constitutional law practice for Lambda Legal.

“There was nothing new about the State’s arguments at all, and thus far, they’ve been rejected by every court that has heard them,” Loewy said in an email.

If the court sides with Paxton, it’s not clear if the DFPS investigations of parents of trans kids would resume. The agency declined to comment on the litigation.

[…]

Paxton said the families have not experienced specific injuries stemming from these investigations, arguing that parents have not lost custody of their children as a result of the investigation and therefore that claim has no standing.

“Thus, [families] have not been injured and their suit is not ripe until their injury is imminent or has already occurred,” Paxton wrote in his appeal.

PFLAG asserted that the state interfered with their parental rights, which are guaranteed in the Texas Constitution. Abbott’s directive ordering DFPS to investigate families has instilled fear in LGBTQ youth who are afraid the state will separate them from their parents. Abbott’s order even forced one family to flee the state.

Paxton also said that PFLAG, which has 600 members, shouldn’t be allowed to stand in for families who could be investigated for child abuse. He said the individual families must participate in the lawsuit in order to provide evidence of injury by the particular investigations directed by Abbott.

See here for the background. I don’t even have the words to respond to the claim that the targeted families have not “experienced specific injuries” from these investigations or the threat of them; that the argument is being made by the guy who fled from a process server because he “feared for his safety” just adds to the mind-melting gall of it. This will make it to the Supreme Court, assuming that one of the many anti-trans bills currently polluting the Lege doesn’t make it all moot. Anyway, there’s your update.

Posted in Legal matters | Tagged , , , , , , , , , , , , , , | Comments Off on Appealing the injunction that halted DFPS investigations of trans kids’ families

More on the lawsuit that seeks to clarify exceptions to Texas’ forced birth laws

A couple of interesting articles to read to enhance our understanding of the lawsuit filed by five women who claim that Texas’ anti-abortion laws have harmed them.

From Vox:

In theory, even after the Supreme Court’s anti-abortion decision in Dobbs v. Jackson Women’s Health Organization (2022), medically necessary abortions remain legal in all 50 states. Texas law, for example, is supposed to permit abortions when a patient is “at risk of death” or if they face “a serious risk of substantial impairment of a major bodily function.”

There’s also a federal law, the Emergency Medical Treatment and Labor Act (EMTALA), which requires most hospitals to perform emergency abortions to prevent “serious impairment to bodily functions” or “serious dysfunction of any bodily organ or part.” (Though, notably, Texas’s GOP attorney general, Ken Paxton, convinced a Trump-appointed judge to issue an opinion claiming that this federal abortion protection does not exist.)

But in practice, the new lawsuit claims, Texas physicians are often too terrified to perform likely legal abortions because the consequences of performing an abortion that the courts later deem to be illegal are catastrophic. The maximum penalty for performing an illegal abortion in Texas is life in prison.

This lawsuit, known as Zurawski v. Texas, asks the state courts to clarify when medically necessary abortions are legal within the state so that doctors can know when they can treat their patients without risking a prison sentence or a lawsuit.

[…]

These plaintiffs argue in their complaint that one reason why Texas doctors are unwilling to perform abortions, even when delaying an abortion risks a patient’s life, is that Texas law is a hodgepodge of multiple abortion bans, each with inconsistent provisions permitting abortions when a patient’s life or health is in danger, and none of which use medical terminology that doctors can rely upon to know exactly what they are and are not permitted to do.

Texas’s primary criminal ban on abortions, for example, provides that abortions are permitted when “in the exercise of reasonable medical judgment” a physician determines that their patient “has a life-threatening physical condition” or faces a “serious risk of substantial impairment of a major bodily function” that relates to their pregnancy.

Meanwhile, a separate statute, enacted before Roe v. Wade was decided in 1973, also bans abortions. And it does so with a much narrower exception for abortions performed “for the purpose of saving the life of the mother.” But it’s unclear whether, now that the Supreme Court has overturned Roe, this law remains in effect or not. While a federal appeals court determined in 2004 that this pre-Roe ban on abortions was “repealed by implication,” Attorney General Paxton claimed that the law is still enforceable after Roe was overruled.

And then there’s SB 8, the state’s bounty hunter law, which permits private citizens to sue doctors who perform abortions after the sixth week of pregnancy. That statute uses completely different language to describe when an abortion is allowed, permitting abortions “if a physician believes a medical emergency exists that prevents compliance” with SB 8.

Most of these statutes, moreover, were enacted when Roe was still good law. So there are few, if any, court decisions interpreting them, explaining how the multiple conflicting exceptions to the multiple different abortion bans interact with each other, or resolving disputes about which laws are actually in effect.

Typically, lawyers rely on past court decisions to predict how courts are likely to apply a statute to their clients. But, without many (or any) such decisions to rely upon, lawyers advising doctors and hospitals cannot provide reliable advice to those clients. And, again, if a doctor and their attorneys guess wrong about whether a particular abortion is legal, that doctor could wind up spending the rest of their life behind bars.

See here, here, and here for more on EMTALA, which is likely to end up before SCOTUS eventually. Author Ian Millhiser speculates about the possibility that the Zurawski case could clarify state law, but he has his doubts. Which leads us to this Slate story.

Make no mistake about it: Texas’ law has unique problems. The state’s conservative lawmakers kept the pre-Roe criminal ban passed in 1925; to circumvent Roe v. Wade, they passed S.B. 8. In 2021, after Donald Trump reshaped the Supreme Court, they passed a trigger law. Inconsistencies crept in, and the result is a mess that frightens doctors away from addressing real emergencies.

But the problems with Texas’ exceptions are broader, and they tell a story about why abortion exceptions as a general matter fail to protect patients. From the time of previous eras’ abortion bans, exceptions were tailored more to prevent free access to the procedure than to address real problems in pregnancy, and state abortion laws today are no exception.

When abortion reform efforts got underway in the 1960s, the American Law Institute proposed what amounted to a menu of exceptions to criminal abortion bans for patients seen to be innocent enough to deserve abortion (the ALI included exceptions for rape and incest, fetal abnormality, and certain health threats). Pushback from anti-abortion lawyers was immediate. They argued not just that abortion was immoral and unconstitutional, but also that the exceptions were an open invitation for fraud. Decades before Todd Akin’s comments about “legitimate rape,” they argued that pregnancy after sexual assault was all but impossible—and that rape exceptions were an excuse for promiscuous women. They framed health exceptions as universally unnecessary, arguing that virtually no pregnancies were life-threatening.

After Roe, anti-abortion suspicion of patients invoking exceptions only deepened. They pointed to Roe’s companion case, Doe v. Bolton, that defined health to include physical and mental well-being. For abortion opponents, that looked like an exception that could swallow the rule: wouldn’t anyone forced to remain pregnant suffer mental distress?

So after Congress passed the Hyde Amendment, a ban on Medicaid reimbursement for abortion in 1976, anti-abortion legislators worked to make it harder for patients to invoke exceptions or to eliminate them altogether. Sexual assault victims, for example, had to report to law enforcement within a certain time frame, and some Hyde proponents voted to eliminate all rape and incest exceptions.

Anti-abortion activists began using a similar strategy in model laws designed to chip away at Roe. For example, in the Pennsylvania law considered by the Supreme Court in Planned Parenthood of Pennsylvania v. Casey, anti-abortion groups proposed a medical emergency exception only to save a patient’s life or “create serious risk of substantial and irreversible impairment of major bodily function.”

The similarity to Texas’ law is no accident. For the anti-abortion movement, the narrow and ambiguous language adopted by Pennsylvania in the 1980s, and by Texas more recently, reflects the same beliefs: The most important issue is preventing abortion, and exceptions serve primarily to discourage what Republicans see as unjustified procedures. But the justifications of many plaintiffs are all too obvious. One patient diagnosed with “preterm prelabor rupture of membranes” was denied care, developed sepsis, nearly died, and suffered lasting impacts to her future fertility; another, pregnant with twins, was forced to travel out of state to maximize the chances of survival for herself and one of the twins when the second received a devastating diagnosis. These stories will almost certainly continue in Texas and states like it.

In other words, to borrow from a bit of wisdom that has been applied to the Trump regime, the lack of clarity is the point. We don’t know what the courts will make of this, but we can expect that Ken Paxton and the rest of the forced birth machinery will do everything in their power to keep threatening everyone who might try to get an abortion for any reason. You know what I’m going to say here, so say it with me: Nothing will change until we start winning more elections.

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