Paxton versus Bexar County

I’m sorry to make Ken Paxton the main character today, but he kind of is.

Still a crook any way you look

Bexar County is moving forward with plans to hire an outside company to find and register potential voters ahead of the 2024 presidential election — something Attorney General Ken Paxton has said he’ll sue the county to stop.

The move came after a roughly three-hour discussion in which nearly every elected Republican in Bexar County signed up to raise concern about the potential for the move to help Democrats more than Republicans.

Commissioners voted 3-2 in favor of the plan, with Commissioner Grant Moody (Pct. 3) casting the lone “no” vote and Commissioner Tommy Calvert (Pct. 4) abstaining amid concerns about the contract selection process.

Tuesday’s agreement calls for spending $393,000 to hire Civic Government Solutions LLC, which buys data from various sources to create a database of unregistered voters that wouldn’t normally appear in commercial voter files.

The company then mails out prefilled voter registration forms with prepaid return envelopes to those potential voters — the type of work normally done by political parties, campaigns and nonprofits.

But in the midst of various efforts by the state to purge potentially ineligible voters from its rolls, Bexar County is among a number of large urban counties exploring ways to take a bigger role in helping register new ones.

In a county with 1.27 million registered voters, CGS plans to make contact with 210,000 potential new voters ahead of the 2024 election, according to its contract with Bexar County.

In the coming years, it will also contact another 15,000 to 20,000 newly identified residents who’ve moved to the area.

After hearing from at least a dozen local Republicans, Commissioner Justin Rodriguez (Pct. 2), who brought the idea forward, said he didn’t invite a “bus full” of Democrats to make the case for hiring the company, because it would have injected partisanship into a nonpartisan issue.

“This is about democracy … we need for people to somehow have a better, easier way to access the elections department,” Rodriguez said.

Ahead of the meeting, Paxton said in a letter to Bexar County commissioners stating that counties don’t have the authority to print and mail state voter registration forms. If commissioners didn’t abandon the idea, he vowed, “I will see you in court.”

Larry Roberson, chief of the civil division of the Bexar County District Attorney’s office, dismissed the idea that the county was doing anything illegal.

“Paxton can sue, but I read through the letter,” Roberson said. “I found it to be misleading at best.”

I’m sure that’s true, but it doesn’t mean he’ll lose in court. If you put aside rampaging Republican paranoia about “non-citizens” registering to vote – as a reminder, voter registrations go through multiple verifications, including by the Secretary of State, before they are finalized – it’s hard to see what’s so objectionable about this. But being unobjectionable and being allowed in Ken Paxton’s Texas are two different things. The latter will be decided by the Supreme Court, and I know how I’d bet on that.

As noted elsewhere, Harris County is considering a similar idea; it’s not clear to me they’ll follow through, but there’s still time. This is where I say again that we need to restore and strengthen a federal Voting Rights Act, and we need to make sure it doesn’t get struck down by a corrupt federal judiciary. If we have the trifecta to make that happen in 2025, there better be no hesitation. Getting a better government in this state is next up. The Trib and the Current have more.

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Judge Hidalgo advocates for the Flood Control tax hike

I’ve got my eye on this.

Judge Lina Hidalgo

Harris County Judge Lina Hidalgo in her State of the County address on Thursday made her first public push for a proposed tax hike that would create more funds for infrastructure maintenance.

Hidalgo said in her first in-person State of the County address since 2019 that while the county’s investment in storm resiliency projects and other flood control efforts has increased since Hurricane Harvey, the total amount allotted for maintenance has remained unchanged. Harris County, she said, will struggle to maintain the $5 billion it has scheduled in new projects over the next five years without the increase.

“We can actually turn the page on flooding, and there are some other ways worth trying,” Hidalgo said. “So we now have an item on the November ballot where voters can allow us to invest in maintenance so we’re maintaining the projects we’re building.”

The proposal would increase the Harris County Flood Control District’s tax rate to 4.8 cents for every $100 in property value. For someone who owns a $400,000 home, the increase would amount to roughly $60 more per year and would generate somewhere in the ballpark of $113 million in revenue for the flood control district.

Harris County’s tax rate has steadily declined since the start of the COVID-19 pandemic. From a high rate of 57 cents in 2021, the most recently adopted tax rate was just 49 cents in 2023.

[…]

The ballot proposal is even supported by Republican Commissioner Tom Ramsey, who butted heads this week with county Democrats over an initiative to increase voter registration across Harris County.

“We have known for 30-plus years that flood control was underfunded when it came to maintenance,” Ramsey said when Commissioners Court voted to put the proposal on the ballot. “We are today saying that’s not acceptable.”

See here for the background. I would love to see some polling on this. It’s clear that any kind of tax hike is a no go for some voters, regardless of its purpose. But for many voters it matters what the funds are intended for, and I suspect that a large majority here support the idea of spending more money on flood mitigation. The details matter, as does how it is presented to the voters, and whether or not there’s an organized opposition. I assume there will be a funded campaign for this proposition, but whether or not there’s an anti group is not yet clear. This could go either way, but it’s not up to chance. It’s up to the campaign or campaigns, and all that remains to be seen.

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Can we get some help with these water repairs?

Can’t hurt to ask.

Houston officials are seeking assistance from state lawmakers to help pay for some of the $4.93 billion in water utility improvements needed to prevent people from suffering widespread boil water notices and mass water loss, should aging infrastructure lead to catastrophic failure down the road.

Josh Sanders, Mayor John Whitmire’s chief of intergovernmental relations, said city officials will not be asking for the money from the state all at once, but rather will seek funding to aid individual projects, such as replacing the line that transports untreated water to the city’s East Water Purification Plant, as a part of that total price tag. Erin Jones, spokesperson for Houston Public Works, said there are no plans to charge Houstonians more money for their water usage to offset the cost of improvements to the utility, nor is there a study taking place to determine the need to raise water costs.

Sanders and other city officials plan to attend committee hearings Sept. 3 in Austin to lay out Houston’s needs.

Houston Water Utility consists of a puzzle of water and wastewater treatment facilities and wastewater lift stations, along with the veins of pipes winding underground that provide water to more than 5 million residents across the Houston region. The highest profile users include the Texas Medical Center — the largest in the nation — and the area’s 622 petrochemical facilities, which represent 44% of the facilities in the country.

The utility malfunctioning could spell trouble for millions. The east plant supplies water for 65% to 70% of city residents, and if the line that carries raw water to be treated at the plant fails, it could mean that many residents will be without water.

[…]

Houston Water has three main issues when it comes to making the fixes to its water utility. Two of the most critical involve the East Water Purification Plant — which treats between 300 million to 310 million gallons of water a day.

The East plant needs another pipe for raw water to replace the 70-year-old one in place. The plant also needs to be rebuilt entirely.

Then comes the need to address leaky pipes in Houston that have been the center of the city’s water billing issues. Houston’s water loss alone could supply a city of 900,000 — like Fort Worth or San Jose — with water, Eyerly said.

One of the lawmakers Houston is working with is state Sen. Charles Perry, a Lubbock Republican who’s led the charge for water-related initiatives at the state level.

Perry chairs both the Water, Agricultural and Rural Affairs, and the State Water Implementation Fund committees, which could both prove beneficial in leveraging state dollars.

See here for some background. Suffice it to say that I don’t have a whole lot of faith in the government of Greg Abbott and Dan Patrick doing anything to help the city of Houston. They don’t like us, they don’t care about us, they see no benefit to themselves in lifting a finger for us. That said, being unwilling to help is not the same as being actively antagonistic, and to the extent that they’re more the former than the latter, I could see legislative efforts being successful. This was a point of emphasis for Mayor Whitmire during the campaign, and I expect him and his team to lean on that in the coming sessions. I hope their optimism is justified. And I also hope they’re lobbying the members of Congress that represent Houston, because federal aid will be needed as well.

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Texas blog roundup for the week of September 2

The Texas Progressive Alliance hopes everyone had a good Labor Day as it brings you this week’s roundup.

Continue reading

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Water, water, everywhere

All due to leaks.

Texas’ most populous cities lost roughly 88 billion gallons of water last year because of aging water infrastructure and extreme heat, costing them millions of dollars and straining the state’s water supply, according to self-reported water loss audits.

The documents show that bigger municipalities are not immune to water issues often seen in smaller, less-resourced communities around the state. All but one big city saw increased water loss from last year’s audits.

While cities are losing water because of inaccurate meters or other data issues, the main factors are leaks and main breaks.

Here’s how much each of Texas’ biggest cities lost last year, according to their self-reported audits:

  • Houston: 31.8 billion
  • San Antonio: 19.5 billion
  • Dallas: 17.6 billion
  • Austin: 7.1 billion
  • Fort Worth: 5.9 billion
  • El Paso: 4.8 billion

Houston, San Antonio, Dallas, Austin, Fort Worth and El Paso must submit water loss audits to the Texas Water Development Board yearly. Other water agencies must do audits only every five years, unless the city has over 3,300 connections or receives money from the board.

“What we have right now is not sustainable [or] tenable,” said Jennifer Walker, National Wildlife Federation’s Texas Coast and Water Program director.

The cities of Houston and Dallas saw the biggest increase in lost water reported. Houston saw a 30% jump from last year’s audit, while Dallas saw an increase of 18%.

[…]

Last year, voters passed a proposition that created a new fund specifically for water infrastructure projects that are overseen by the Texas Water Development Board.

The agency now has $1 billion to invest in projects that address various issues, from water loss and quality to acquiring new water sources and addressing Texas’ deteriorating pipes. It’s the largest investment in water infrastructure by state lawmakers since 2013.

Walker calls the $1 billion a “drop in the bucket.”

Texas 2036, an Austin-based think tank, expects the state needs to spend more than $150 billion over the next 50 years on water infrastructure.

While some of the Texas Water Fund must be focused on projects in rural areas with populations of less than 150,000, Walker said the bigger cities could also receive some funding.

This story is from a few weeks ago. The Chron just had a recent story about the situation here, which not surprisingly will cost a boatload of money to remediate. The city will seek some assistance from the state on that, which I’ll blog about separately. The scope of this, both in terms of geography and cost, really requires federal intervention to deal with. I’m sure plenty of other states and cities are facing similar issues, and climate change will just exacerbate the problem; it’s not like we’re going to have water to spare. We did a lot of infrastructure work under President Biden, we’re going to need to do more under President Harris (we all know it’ll never happen under the other guy). It would be a good idea to be talking to our members of Congress about this, it’s not going to happen on its own.

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Weekend link dump for September 1

“The Must-Carry Solution for the Media’s Google Problem”.

“The funniest component of the Trump campaign’s media strategy so far is its commitment to dipshit outreach.”

You do have to wonder what Cheryl Hines is thinking these days.

“Maybe that’s because some of his supporters have discovered that Trump campaign donations are going into a mysterious black hole—a scam so large that it makes Trump University and the Trump Foundation look like peanuts.”

“Spotify Has a Fake-Band Problem. It’s a Sign of Things to Come.”

“The federal courts are full of judges who could retire but won’t. Little can be done about it.”

“We all know these stories. And while we many not remember all of the names, we remember Kate Cox’s because her story was told so extensively and publicly. So we all know who Kate Cox is and we all know her story. Anti-abortion white evangelicals know this too. But they try their very hardest to pretend they don’t. Her story is exactly where they don’t want to look, where they never want to look.”

“The widely varied pros and cons of the Electoral College have already been aired and debated extensively. But there is another problem that few have recognized: The Electoral College makes American democracy more vulnerable to people with malicious intent.”

“With Jack Smith not seeking Cannon’s removal at this time, I think we can say that the MAL case is unlikely to go to trial until 2026 at the earliest, if Trump loses the election.”

“Thirty years after the release of their captivating debut album, Oasis have announced they are reuniting – news that has delighted middle-aged fans and a whole new generation alike.” I’m pretty sure if they come anywhere near Houston my wife (who was a grad student in Manchester in the 90s) is going to want to see them.

RIP, Scott Thorson, former lover of Liberace and key witness in the trial for the 1981 killings known as the Wonderland Massacre.

“An environmental advocacy organization called for the investigation of Robert F. Kennedy Jr. following the resurfacing of an interview where his daughter said he cut a dead whale’s head with a chainsaw.” I’m sorry, I’m going to need to lie down for a minute.

RIP, Leonard Riggio, founder and longtime chair of Barnes & Noble.

“However, more than 12 months later, Tesla’s network (with nearly 30,000 fast-charging plugs in the U.S. and Canada) is still pretty much inaccessible to folks who own non-Tesla EVs. Software delays and hardware shortages are apparently to blame.”

“Two bits of news came out of the letter Mark Zuckerberg sent to Rep. Jim Jordan this week (and how people responded to it), neither of which are what you’re likely to have heard about. First, Donald Trump seems to be accusing himself of rigging the 2020 election against himself. And, second, Mark Zuckerberg has absolutely no spine when it comes to Republican pressure on Meta’s moderation practices. He falsely plays into their fundamentally misleading framing, all to win some temporary political favors by immediately caving to pressure from the GOP.”

“Georgia Republicans start the steal“.

Wishing Chet Lemon and his family all the best.

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Senate Dem Caucus requests feds to investigate voter suppression matters

There’s plenty of material to work with.

A group of Democratic state lawmakers on Friday asked the U.S. Justice Department to investigate potential violations of federal law and civil and voting rights related to Texas state leaders’ recent voter roll purge, raids of Latinos’ homes in connection to alleged election fraud, probing of voter registration organizations and ongoing scrutiny of groups that work with migrants.

“Collectively, these actions have a disproportionate impact on Latinos and other communities of color, which is sowing fear and will suppress voting,” twelve Texas senators wrote in the letter. “We urge the DOJ to investigate Texas … and to take all necessary action to protect the fundamental rights of all Texans and ensure all citizens’ freedom to vote is unencumbered.”

The request for federal authorities to intervene is the latest escalation in response to what Texas leaders have often described as efforts to secure elections.

The efforts, however, have just as often provoked condemnation and worries from civil rights groups and Democrats that the state is violating Texans’ rights and trying to scare people away from the polls.

The League of United Latin American Citizens, a large Latino civil rights organization founded in 1929, made a similar plea to the feds earlier this week. Several of the group’s elderly members were the targets last week of search warrants related to an investigation into alleged election fraud being conducted by Attorney General Ken Paxton’s office.

“These actions echo a troubling history of voter suppression and intimidation that has long targeted both Black and Latino communities, particularly in states like Texas, where demographic changes have increasingly shifted the political landscape,” the letter states. “The right to vote is fundamental to our democracy, and LULAC stands firm in its commitment to defending that right for all Americans, regardless of race or ethnicity.”

The Justice Department had received LULAC’s letter, a spokesperson confirmed Friday but declined to comment further.

See here, here, and here for some background; there’s way too much ground to cover to do it all. I’m reasonably confident that the DOJ will pick this up and do something with it. I’m far less confident that there will be any actual enforcement of the law that they will be able to accomplish. What leverage do they have, and what are the odds that a Paxton handmaiden judge and the Fifth Circuit wouldn’t provide a restraining order against it? The more lawless and brazen that Greg Abbott and Ken Paxton get, with the boost from their cheerleaders on the bench, the more I’m convinced that coming up with some way to curb that behavior needs to be a top priority. I don’t have a good idea about what can or should be done, and I’m fully aware that anything done here could be wielded against blue states in the future by a Republican administration. But right now it feels like there are few to no checks and balances on the state of Texas (and to be fair, on many other red states), and that’s not sustainable. I would like to see more talk about this by national Democrats, because it’s going to take all of us to do something about it.

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Shawn Thierry confirms our suspicions

Don’t let the door hit you, etc etc etc.

State Rep. Shawn Thierry, a Houston Democrat who was defeated in her primary earlier this year, announced Friday she is switching to the Republican Party.

Thierry was ousted by primary challenger Lauren Ashley Simmons in the May runoff after she sided with Republicans last year on a handful of bills opposed by the LGBTQ+ community, including a measure barring gender-transitioning care for minors. She delivered an emotional speech from the House floor explaining why she broke with her party, remarks that went viral.

In a statement, Thierry said she switched parties because the Democratic Party “has veered so far left, so deep into the progressive abyss, that it now champions policies that I cannot, in good conscience, support.”

“I am leaving the left because the left has abandoned Democrats who feel betrayed by a party that has lost its way, lost its commitment to hard working families,” Thierry said.

Thierry was announced earlier this month as the director of political strategy for the U.S. wing of Genspect, an international anti-trans policy group. Founded in 2021 by an Irish psychotherapist, the group is part of a broader network of organizations that oppose gender-transitioning care for minors, and its members have testified in favor of bills across the world that would ban or limit the practice.

[…]

State Rep. Trey Martinez Fischer, a San Antonio Democrat who chairs the House Democratic Caucus, said Thierry had “chosen to continue to betray the values and priorities of her constituents” and “once again put money and title above principle.”

“If Thierry looks at a party taking away the freedom for women to control their bodies, cutting healthcare for millions, and led by a racist, petty convict and says I want in on that mess, I think that says more about Shawn Thierry than about the Democratic Party,” Martinez Fischer said in a statement. “Adios.”

What a massive upgrade the voters in HD146 gave themselves. Just stunning to contemplate.

The thing about this is that before Thierry went all JK Rowling, she was more or less a normie Dem legislator. As recently as the fall of 2022, she was being touted by Planned Parenthood for being “a champion for maternal health policies”, and celebrated the year before by the Planned Parenthood Action Fund for being one of five co-authors of HB3825, a “critical step towards restoring patient access and repairing the reproductive health care safety net across the state following a decade of political attacks”. I wonder, now that she’s a Republican, will she repudiate all of this work she once did? Does she now oppose all abortions and restrictions on guns? Does she support restrictions on voting rights and mass deportations and private school vouchers? Does she regret voting to impeach Ken Paxton? I’m just asking.

Not that I really care – believe me, I plan to spend zero time thinking about Shawn Thierry ever again. We got the better of this deal by far. The Chron has more, if for some reason you want to read more.

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Can we un-stack the Lottery odds?

Maybe. Not sure this goes far enough.

After assisting investors who stacked the odds to guarantee winning a $95 million Lotto Texas jackpot last year, Texas Lottery Commission officials said they have changed their procedures to prevent another such occurrence in the future – but not before state lawmakers, citing Houston Chronicle reporting, ripped into agency leaders for helping the group orchestrate a giant payday at the expense of everyday players.

“You collaborated with a group of sophisticated players,” Rep. Matt Shaheen, a Plano

Republican, said during a legislative hearing last week. “A significant percentage of lottery sales in Texas is to lower-income individuals, and I think they were taken advantage of.”

“There’s no question in my mind that the integrity [of the lottery] was lost in this process,” added Sen. Tan Parker, a Flower Mound Republican. “I’m even more concerned with the report that it seemed as if staff was supportive of and working with the organization.”

[…]

In response to the resulting publicity, the Gov. Greg Abbott-appointed lottery commissioners directed the agency’s executive director to study the issue of wholesale, or syndicate buyers, and recommend policy changes. Director Ryan Mindell and lottery commission Chairman Robert Rivera declined interview requests.

But at a lottery commission meeting earlier this month, Mindell said the gaming industry had seen growing activity from so-called purchasing groups, including in Indiana, Maryland, and Oklahoma. “With modern analytical tools and large amounts of funds at their disposal, every lottery game in the country, and likely the world, will be analyzed in one form or another by these types of groups,” he said.

He also told the commissioners that despite media scrutiny of last year’s Lotto draw, “the integrity of the game was not compromised,” noting that every ticket purchased had the same mathematical chance of winning. Mindell, however, did not address the fact that if a single player buys up all ticket combinations, other players are, at best, competing for only half the advertised jackpot.

Still, he added, “it is also clear these activities harm the perception of the Lotto Texas game.” So in the future, Mindell said, if a retailer makes a sudden request for more terminals, the application would be reviewed by the agency’s legal staff and the executive director. Under such rules, he said he would reject a similar request in the future.

“This will prevent rapid deployment of terminals to retailers who do not have a record of sustained sales, who may be acting in response to temporary demand,” Mindell said. He added that he also was tweaking lottery terminal software to inhibit investor sales, though he declined to elaborate, saying it would compromise the game’s security.

[…]

When Galveston Republican Sen. Mayes Middleton tried to pin down the lottery director on the growth of controversial online “courier” companies that have sprung up in Texas, Mindell gave him incorrect information.

While such companies are licensed or prohibited in several states, Texas officials have taken a hands-off approach, asserting they have no authority to regulate the businesses. The entities, with names like Jackpocket, LotteryNow and Lottery.com, take ticket orders and payment over a phone app.

Then, because Texas law requires lottery tickets to be purchased in-person, they dispatch couriers to state-licensed brick-and-mortar outlets to complete the transaction. Most of the companies, however, have collapsed the model by spinning off affiliated entities to acquire retailer licenses from the Texas Lottery Commission, meaning they can both take orders and process the sales in-house.

See here and here for the background. I had previously expressed some confusion about the logistics of buying 26 million Lottery tickets in the span of a few days. That last paragraph above helps me understand it better. Seems to me a lot of the grunt work can be eliminated by combining the retailer and the purchasing agent. It also seems clear that the simplest way to put these companies out of business is to prohibit that form of ownership. Will the Lege go that route? We’ll find out in a few months.

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Another Paxton bullying attempt gets knocked down

Oh for four. I like that.

Still a crook any way you look

A Travis County judge on Thursday denied an effort from Attorney General Ken Paxton’s office to question the leader of a Brownsville organization that provides migrants with humanitarian aid, delivering the state’s top civil lawyer another courtroom defeat in a series of actions targeting groups that work with migrants and immigrants.

Judge Maya Guerra Gamble of the 459th Civil District Court denied a request from Paxton’s office to take the deposition of a Team Brownsville representative. Team Brownsville provides water, shelter and other basic necessities to asylum-seeking migrants.

In court filings, the state argued that it had “a reasonable basis” to believe that Team Brownsville was among non-governmental organizations at the Texas-Mexico border helping immigrants enter the country.

Gov. Greg Abbott directed Paxton’s office in 2022 to investigate the role of such groups “in planning and facilitating the illegal transportation of illegal immigrants across our borders.”

Paxton’s office said in the filings that “former board members and volunteers” had accused Team Brownsville of poor financial accountability for money it receives from the government and donors as well as potential improper use of funds but did not further detail any alleged wrongdoing.

Paxton’s office did not immediately respond Thursday to a request for comment.

Aron Thorn, a lawyer with the Beyond Borders Program at the Texas Civil Rights Project, said the group was “proud” to represent Team Brownsville.

“We are thrilled with the judge’s ruling denying this baseless petition,” Thorn said in a statement. “Organizations like Team Brownsville provide essential services to people seeking safety at the border. They fill a critical need in Texas border communities that are unable to care for immigrants. Any effort to end their services is an attack on that very care.”

Add this to the rulings against his attempts to harass FIEL, Catholic Charities, and Annunciation House. The latter has been appealed to SCOTx; I don’t know if any of the others have been or will be. I’m just happy to celebrate every time Ken Paxton fails.

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

Trib overview of HD112

A top pickup opportunity for Dems, which could slam the brakes on vouchers for at least this session. Also an interesting race in its own right.

Averie Bishop

Rep. Angie Chen Button, 70, is living the American Dream. After immigrating from Taiwan to Texas for graduate school at 24, she improved her English, climbed the corporate ladder and was elected to the state House, where she has served eight terms as the only Asian American woman in the Legislature.

Averie Bishop, 28, is living her own version of the American Dream. Her mother fled poverty in the Philippines and moved to Texas where she worked as a maid and married a bus driver. The two worked hard so Bishop could eventually go to college and law school, and, in 2022, become the first Asian American to be crowned Miss Texas.

These two women — Button a Republican, and Bishop a Democrat — say their stories reflect the opportunity and upward mobility that have drawn so many immigrants to Texas. Now they face off this November in a rare election featuring two Asian candidates, vying for the seat in House District 112, which is poised to be one of the state’s most competitive legislative races.

Button has held on to her seat representing a slice of Dallas’ northern suburbs through several tough elections, since being first elected in 2008. She is a formidable incumbent with strong relationships with state officials, including Gov. Greg Abbott, who is counting on her reelection in part to push through school voucher legislation in the coming session. Bishop, meanwhile, enjoys the name recognition and social media platform associated with her historic beauty pageant win, and could ride the Gen Z wave boosted by Vice President Kamala Harris at the top of the Democratic ticket.

The winner will be the only Asian woman in the Legislature and also one of six members to ever serve in the 150-member Texas House. No Asian American has ever been elected to the Texas Senate. The match up is only the second time in Texas history that two Asian candidates have faced off for a legislative seat, marking a milestone for the state’s fastest-growing racial group which is proving to be a small but burgeoning political force.

That last sentence is not true, as Rep. Hubert Vo has defeated Republican Lily Truong in each of the last two cycles. I suspect they meant to say “only the second time in Texas history that two female Asian candidates have faced off for a legislative seat”, as they reference Rep. Button’s first race, in which she defeated Democrat Sandra Phuong Vu Le. A pedantic point, but that’s what we’re here for.

I’ve mentioned Averie Bishop before, as she is an impressive candidate who has “future star” potential as far as the eye can see. But you have to win the race in front of you first, and Rep. Chen Button has run ahead of the Republican baseline in her district, which just barely went for Trump in 2020. Bishop had made a name for herself before this race, and she’s done the things you want a candidate to do in it. If you’re in the Dallas area, see what you can do to help her campaign. If we want to move forward, this is the kind of race we have to win.

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Dispatches from Dallas, August 31 edition

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

This week, in recent news from Dallas-Fort Worth, we have election news, including the state of the Dallas charter amendments; voter registration news, including Crystal Mason and that Fox report about illegal aliens in Tarrant County registering; what’s up with area school districts; the latest Tim O’Hare shenanigans, including the ones with implications for FWISD; everybody who’s quitting their academic and civic posts this summer; updates on the local environment; the DMN on Y’all Street; some local history; and new food at Cowboys games plus the State Fair food winners. And more!

This week’s post was brought to you by the music of Howard Jones and ABC, whom we saw last week in Oklahoma City.

The last two weeks have seen a lot of news about the election, mostly focusing on the Democratic National Convention and its fallout on the presidential race. There have also been some developments in North Texas elections that you may not have heard so much about.

Here in Dallas we continue to wrangle with the charter amendments, particularly the three sponsored by Dallas HERO. Dallas HERO and its supporters are now suing the city and most of the council over the ballot language for the amendment suite and the city’s counter-proposals. (DMN) One of the citizen plaintiffs is a paralegal working for one of the businesses belonging local troublemaker Monty Bennett, the money man behind Dallas HERO. D Magazine has an overview of the whole thing. Meanwhile, the Dallas Observer had a piece last week about how Dallas is already having trouble hiring more police. One of the amendments requires the city to hire between 900 and 1000 officers; the current goal is to hire something like 250 in the near term.

To hire that many officers, to fund their pensions (already an issue) and to support them materially, the city would have to give up a lot of other things it’s currently doing. That’s before we get to the demand that half of additional revenue over what we have currently budgeted would go to the police. We have a goal to cut unsheltered homelessness in half by 2026 that would have to go. The Dallas library has already lost its online access to newspapers; the advice is to get a card at the Houston library. Budget cuts may already force the closure of some neighborhood libraries. If you’ve been reading this column regularly or following Dallas politics in other ways, you know we’re past our fat years of COVID money from the federal government and into our lean years. Dallas HERO is going to direct most of what we get to Dallas PD if their amendments pass. It will absolutely wreck our city budget until we have a chance to undo it in the next charter update ten years from now.

We all know the answer: vote against these jackasses. And vote against anything that involves Dallas HERO or Monty Bennett, who doesn’t even live in Dallas but wants to tell us how to run our city.

In other news, starting with elections:

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The current state of voter purging

We’ll start here, and there’s a lot to unpack.

Still the only voter ID anyone should need

Gov. Greg Abbott on Monday announced that the state has removed over 1 million names from the Texas voter rolls, mainly people who moved out of state or died but including 6,500 who Abbott described as potential noncitizens.

“Illegal voting in Texas will never be tolerated,” Abbott said in a statement. “We will continue to actively safeguard Texans’ sacred right to vote while also aggressively protecting our elections from illegal voting.”

Abbott added in a social media post that the removed names are being passed on to the attorney general’s office for possible criminal charges.

The governor’s announcement came five years after a botched attempt in 2019 to purge up to 100,000 suspected noncitizen voters led to the resignation of a Texas Secretary of State and a settlement with voting rights organizations setting parameters for future cleanups.

Ashley Harris, attorney for the ACLU of Texas, said the group has unresolved questions about the accuracy of the state’s latest data because the organization has not been allowed to review it.

Several local election officials in 2021 had warned that the state’s data continued to wrongly flag people who became citizens through naturalization.

“Gov. Abbott’s recent announcement about voter registration list maintenance lacks context, and instead points to routine voter list maintenance that does not provide evidence of wrongdoing by any voter,” Harris said. “Any attempts to point to this data as evidence of criminal wrongdoing is part of a pattern of voter intimidation and suppression by the state of Texas and certain elected officials.”

[…]

The people removed since the new law went into effect in December 2021 included: Over 6,000 who have a felony conviction, over 457,000 who are dead, over 463,000 whose addresses may have changed and who did not respond to a request for confirmation, over 134,000 who confirmed they moved, and over 19,000 who requested to cancel their registration.

Those removed from the voter rolls also include 65,000 who failed to respond to a notice requesting that they attest to their eligibility to vote after a secretary of state investigation indicated they may be ineligible.

Over 6,500 were removed because they are “potential noncitizens,” and of those, about 1,900 had cast votes in Texas elections, according to a statement from Abbott.

Inclusion on that list does not prove a person is a noncitizen, as the list includes people who failed to respond to a request from the secretary of state’s office for them to submit proof of citizenship within 30 days. Those who have recently moved may not have seen the notices.

Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, said he doesn’t understand why Republicans are touting the latest numbers as a big headline. He said the number of potential noncitizens removed is “miniscule in context” with the overall registration numbers and is probably an overcount that includes naturalized citizens.

“The reason he (Abbott) and others are trying to undermine confidence in our election system is to give a reason to suppress legitimate votes through draconian legislation,” Saenz said. “And to, in advance, call into question an election outcome they don’t like. That’s what we saw in 2020.”

The Trib was also on this. We remember that 2019 purge attempt. There was another one in 2021, which led to litigation that was eventually Fifth Circuited. Some of this is indeed needless chest-thumping over normal business, but some of it has malicious intent, mostly over the “non-citizen” allegations, which are now articles of faith in the election-denial crowd. It’s hard and exhausting to always be arguing against lies and bullshit, and it has a corrosive effect that benefits the liars. It’s just where we are.

But fight we might and so we do.

Abbott’s announcement, coming just weeks before the deadline for registering to vote in the November election, has prompted confusion by voting rights groups and some Texans who say they were surprised to learn recently that they had been flagged for potential removal by their local elections offices. But most of the people identified by the governor appeared to have died or moved and not participated in recent elections, and the figures Abbott cited aren’t out of line with totals reported annually by the secretary of state’s office, according to a review by Hearst Newspapers.

Civil rights advocates have pressed for access to the underlying data behind the purges, saying they are concerned that eligible voters could be ensnared. In a letter to Secretary of State Jane Nelson on Wednesday, they specifically raised concerns that eligible voters could be getting wrongly identified as noncitizens and that ongoing removals would violate a federal “quiet period,” which prevents removals from voter rolls in the 90 days before an election.

Democratic lawmakers warned on Thursday that the removals could mirror a botched 2019 effort to remove noncitizens from the rolls, and they urged supporters to check the status of their own voter registration.

State Rep. Gene Wu, D-Houston, blasted state leadership for not sharing the underlying data.

“We’ve asked to see the list of the people who have been kicked off the rolls, people who have been suspended, why they were suspended,” Wu said at a news conference in Houston. “They have so far completely ignored those requests.”

A spokesperson for the Harris County Tax Assessor-Collector’s office, which is responsible for overseeing the county’s voter rolls, said they have not carried out any sort of unusual purge of records this year.

“Records have been canceled if a voter moved out of Harris County or if we have been notified of a voter’s death,” she said.

Jacquelyn Callanen, Bexar County elections chief, said the county had conducted only its routine maintenance, removing around 40,000 names last year.

People move and people die, and there have always been processes in place to remove them from the rolls as warranted. The “non-citizens are registering to vote!” canard, goosed this year by one of the usual suspects, is dangerous in part because there are also a lot of checks in place to prevent non-citizens from getting registered, and in part because a lot of the people who end up getting flagged in the purges that Abbott likes to tout are people who registered after being naturalized for whom that data is obsolete, or just people unlucky enough to share a name and birth date with a non-citizen. You might be surprised how often that can happen in a state with 30 million people. And lest we forget, there are other bad actors out there trying to cause mayhem on their own. We don’t pay our election administrators enough.

How many people actually end up on the business end of this, and what effect it might have on turnout, are hard to know. I suspect it’s a lot more noise than consequence, but as noted above I fear the cumulative effect. Even more so, I fear the opportunity for SCOTUS to do more damage to existing voting rights, a fear that I can’t yet quantify. Check your voter registration status, hell check it for everyone you know, and let’s keep moving.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , , , , , , , , , | 6 Comments

Lawsuit filed over Texas anti-ESG law

Very interesting.

A coalition of progressive business organizations is suing Texas over a 2021 law that blocks the state from investing in and contracting with companies that boycott the fossil fuel industry.

The suit, filed in federal court in Austin on Thursday by the American Sustainable Business Council, argues that the law infringes on the companies’ free speech and association rights and does not allow banned companies due process. The law, it argues, constitutes viewpoint-based discrimination that allows the Texas comptroller to punish speech he dislikes. Texas Comptroller Glenn Hegar and Attorney General Ken Paxton are named as defendants.

“Among ASBC’s many projects are efforts to encourage sustainable investing and sustainable business practices,” lawyers for the council write in the suit. “These are all cornerstones of the modern Texas economy. Yet, SB 13 takes aim at, and punishes, companies that speak about, aspire to, and achieve this goal.”

Republicans pushing SB 13 contended that doing business with companies that boycott fossil fuel-based energy companies has a negative effect on the Texas economy.

“S.B. 13 seeks to ensure that taxpayer dollars are not being used to promote an agenda that hurts the state’s energy sector and economy as a whole by prohibiting investments by certain state entities in companies that boycott these energy companies,” the bill analysis reads.

As of this month, there are almost 370 businesses and investment funds, including Blackrock, Inc and HSCBC Holdings, PLC, that the comptroller’s office has blacklisted for their boycotts of the oil and gas industries.

[…]

In Thursday’s suit, the business council argues that SB 13 forces members “to choose between their First Amendment rights and their ability to compete for investments from and contracts with” the state. It also argues the law is written so vaguely that council members can’t determine whether their actions or expressions constitute a boycott.

SB 13 is similar to a 2017 law that blocks state investments and certain contracts with companies that boycott Israel. In 2019, after a federal judge blocked enforcement of the law, finding that it would violate the First Amendment, lawmakers narrowed the law to exclude small businesses and small contracts.

See here for some background. Remember when Mitt Romney was out there saying that corporations are people? If they are, then they have First Amendment rights, and so here we are. Chron business columnist Chris Tomlinson adds on.

The complaint filed in Austin on Thursday argues that 2021’s Senate Bill 13 was designed to boost investment in fossil fuel companies and violates businesses’ First Amendment prohibition against discrimination based on viewpoint and the 14th Amendment right to due process.

The council, representing thousands of businesses and investors, filed the suit on behalf of financial technology firms Etho Capital and Sphere, which prioritize environmentally responsible investing. The blacklist prohibits them from expanding business in Texas.

“Laws like SB 13 not only inhibit economic growth and innovation but also set a dangerous precedent for the role of government in business affairs,” Etho Capital CEO Amberjae Freeman said. “Etho Capital believes that responsible investing is not just good for the environment but also for long-term economic growth.”

[…]

Hegar has placed dozens of investment funds and 16 large firms on the list, including the world’s largest asset manager, BlackRock, along with HSBC, UBS, BNP Paribas, NatWest Group and AMP Limited. Etho Capital’s Climate Leadership ETF and Sphere’s 500 Fossil Free Fund are on the list of banned securities.

BlackRock, UBS and other companies have protested their inclusion, pointing to tens of billions of dollars invested in the oil and gas industry. But Lt. Gov. Dan Patrick and Hegar insisted on their inclusion without explaining why or how they might get off it. Thus, the complaint about due process.

“SB 13 is not just a misguided policy; it is an unconstitutional attack that stifles free speech and punishes businesses for prioritizing responsible investments,” David Levine, president and cofounder of the council, said. “By challenging SB 13, we aim to protect the rights of all businesses to operate freely and responsibly.”

Democracy Forward, a national legal organization that defends civil rights, represents the firms.

Banning major financial firms gives local governments fewer choices for bond offerings, loans and other financial services. Larger firms tend to offer better terms. TXP, an economic analysis firm hired by the Texas Association of Business Chambers of Commerce Foundation, calculated that SB 13 costs Texans $270 million a year in debt-related costs alone.

SB 13 is only one example of a nationwide movement to force corporations to do business with fossil fuel companies. Dozens of state legislatures have passed laws blacklisting companies for implementing environmental, social and governance safeguards. Courts have already stopped Oklahoma and Missouri from imposing similar statutes.

I’m old enough to remember when Republicans thought it was a bad idea for the government to “pick winners and losers” in business. Those were the days. I’m a little surprised that it’s taken this long for a lawsuit like this to be filed, but better late than never. As with most litigation these days, I don’t have much optimism once it gets to the appellate level. We’ll see. The Trib and Bloomberg Law have more.

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Metro to kill Inner Katy line

This is such bullshit.

What was promised…

The Metropolitan Transit Authority will further reduce its previously planned bus rapid transit efforts while boosting police presence on its routes and increasing its investment in so-called microtransit under its proposed fiscal 2025 budget.

The draft spending plan, unveiled on the agency’s website Thursday, includes a $973 million operating budget and $598 million in capital expenses.

That represents a 6.3 percent increase in the operating budget and 42.2 percent increase in capital spending.

The proposal calls for $7.2 million for 175 new security positions and increasing hiring incentives for the Metro Police Department, along with $10.3 million focused on more reliable service. According to Metro, those reliability investments will increase bus service by up to 3 percent.

Those investments include $1.9 million on microtransit services and funding to launch an additional curb-to-curb service route.

The proposed budget also will “de-scope” some projects, including the Inner Katy bus rapid transit line. The project will now be a high occupancy vehicle lane from the Northwest Transit Center to downtown, and comes after the agency opted to pause its planned University bus rapid transit line, citing cost and changing ridership. Both projects were part of the voter-approved MetroNext plan.

[…]

The University and Inner Katy BRT lines were key features of the MetroNext plan, which the agency’s previous leadership had said would drastically change public transit in Houston. Voters in 2019 approved $3.5 billion in bonds for the initiative. None of those bonds have been sold.

I stand by what I said before, that this Metro board is nullifying the 2019 election and lying to our faces about it. There was an HOV lane component to that referendum, but this wasn’t it. We were promised an expansion of rapid transit, we voted to approve that promise, and now it is being taken away because this Mayor and the Metro board members he appointed don’t want to do that. I am thoroughly disgusted.

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Different HISD bond referendum poll, different result

Not a big surprise, but that doesn’t mean one is right and the other is wrong.

Just days apart, two polls related to Houston ISD’s proposed $4.4 billion school bond forecast clashing results, with a new survey released Tuesday suggesting voters might reject the record-breaking package.

The latest survey, released Tuesday by the Texas American Federation of Teachers, shows just over half of 736 likely voters surveyed said they would vote against the proposal for billions in campus, technology and security upgrades. About 30 percent of likely voters surveyed said they would support the bond, while nearly 20 percent said they were undecided or would not vote on the proposal.

Leaders of the Houston Federation of Teachers, a local affiliate of the Texas AFT union, have vocally opposed the bond, though the poll was conducted by Z to A Research, a public opinion research company catered to Democratic campaigns and causes.

The results arrive five days after Rice University’s Kinder Institute for Urban Research released a poll showing nearly three-quarters of about 1,900 HISD residents would back a school bond package that does not raise property tax rates. That survey did not ask respondents whether they would support HISD’s exact proposal, which had not been finalized at the time of the poll. The district’s $4.4 billion plan does not include a property tax rate increase.

[…]

The wide gap between the two polls’ findings may stem from some key differences in the structure of the surveys, including question wording, sample size and methodology.

The Texas AFT poll asked directly about HISD’s current bond proposal, while the Rice survey asked more broadly about support for a school bond that does not raise property taxes.

“Question wording is everything,” Z to A Research Founder Nancy Zdunkewicz said. “People behave differently when they have the actual ballot language in front of them.”

Additionally, the Rice poll questioned more than double the number of residents compared to the Texas AFT poll. Rice targeted all adult residents of HISD, while the Texas AFT surveyed likely voters, a group that skews slightly older and whiter than the full district population.

See here for the background. While this poll is closer to my own belief of where this issue stands, it’s still approaching the question in a curious way. Here’s the poll memo, which asks the first question as follows:

“Do you support or oppose a property tax increase in Houston Independent School District to fund $4.4 billion in bonds to update and repair HISD buildings and for new technology?”

There are three problems with this. One, HISD promises that the bond won’t necessitate a tax increase. You can believe them on that or not, but if the driver of opposition to the bond is the possibility of higher taxes and that point is in dispute, that casts doubt on the question’s premise. Two, we all know that the people leading the opposition to this bond aren’t making any tax increase arguments about it. They’re arguing that Mike Miles can’t be trusted – “no trust, no bond” – and that we should wait until he’s gone to pass a bond. Go read this story about Rep. Sylvia Garcia’s town hall about the bond referendum – this is what Ruth Kravetz was saying, and the issue of property taxes wasn’t a main point. People will make arguments they’re less fond of to win an election, but there’s no way this won’t be fought about Mike Miles and the takeover.

And three, for all the quibbles that I had with that Kinder poll, the main point they made is that people will still support the bond if the tax increase is modest. Support drops off pretty quickly once the amount of the increase gets beyond nominal levels, but the point here is that the “tax increase” issue is not binary. How much of an increase matters. You can certainly argue that HISD is not being honest about the need to raise taxes, but it’s a lot harder to say by how much. Also, too, even in that Z to A poll, more Democrats still said they’d support the bond than oppose it even with a tax increase. This is why this election won’t be fought on the “tax increase” turf – that’s not the main issue for the biggest bloc of voters, who under normal circumstances would greatly support the bond. The reasons people aren’t supporting this one are unique to our current situation. That’s what the opponents really want to talk about, but it’s not what is reflected in this question.

The next question listed in the poll memo is a straightforward presentation of the referendum language, which is what I want to see in a poll, but only “after hearing the arguments from supporters and opponents of the bond”. They do not present any data about what happened when they asked that question before presenting the arguments for and against, which either means they didn’t ask – which would be a very strange omission, as surely you want some idea of how effective those arguments are – or they just don’t tell us what the numbers are, which suggests to me that they look pretty good for the bond up front. That’s surely not what the opponents want to lead with.

Look, I can believe that most voters can be persuaded to vote against the bond. The opponents have a lot of material to work with. But when you put forward this kind of question and tout its results, you assume that 1) the voters will actually hear your anti-bond arguments, which is a tough assumption in a Presidential election year, let alone this one; and 2) you’re making the actual arguments the other side will make on their behalf. You can’t assume that – they may do a better job of advocating for themselves than you will, or maybe they’ll be less forthright about their position, or maybe they’ll find a distraction to focus on and fight on turf you weren’t expecting. You’re making a lot of assumptions, and you haven’t even told us what those supporter and opponent arguments were. I’m sorry, but I have my doubts about your numbers.

Again, I think this election is nowhere near as favorable to the bond as the Kinder poll suggested. I think the past record of bonds plus the clear level of opposition to this one strongly implies that this will be a tough sell for HISD, though not an impossible one. All I’m asking for is a poll that asks the appropriate questions for the issue at hand. Surely someone can produce that for me. The Chron has more.

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

Katy ISD keeps doing Katy ISD things to library books

I suppose it’s useful to be reminded, as we slog our way through another Year Of Mike Miles, that the suburban school districts around us have their own unique set of dysfunctions.

The Katy ISD board of trustees passed a measure Monday that adds books on gender fluidity to the list of banned book topics in the district.

Five of the seven board members voted to approve the changes to the book banning policy. Rebecca Fox and Dawn Champagne, who spoke out against the measure, abstained from voting.

Board president Victor Perez and trustees Amy Thieme, Morgan Calhoun, Lance Redmon and Mary Ellen Cuzela all voted in favor of the ban.

The measure, according to district documents, mandates the removal of all books in elementary and junior high libraries that “contain material adopting, supporting or promoting gender fluidity.” Parents would have to opt-in for high school students to access the literature.

Gender fluidity, according to Perez, is the “view that gender is a social construct that espouses the view that a person can be any gender or no gender, i.e. non-binary, espouses a view that an individual’s biological sex should be changed to match a gender different from that person’s biological sex, hormone therapy or other medical treatments or procedures to temporarily or permanently alter a person’s body so that it matches a gender different from that person’s biological sex.”

The gender fluidity ban is an extension of the book ban passed in August of 2023, whereby the board of trustees banned all books containing “sexually explicit material.”

Champagne said she didn’t support the policy. She thinks it’s a potential violation of Texas law and could open the district to lawsuits, given that Perez’s definition is too general and sweeping.

For example, she said, A.A. Milne’s beloved character Winnie the Pooh is technically genderless. “The character has a male voice and we think of him as male, but its name is ‘Winnie,’ which is usually a girl’s name,” she said. “You can’t tell what he is.”

[…]

Amanda Rose, president and founder of Katy Pride and a Katy ISD parent, noted that the new ban would prevent their child from reading books about families like theirs.

“To know that my child may not be able to see their family structure represented in a public school library is gut-wrenching,” Rose said. “Imagine having to tell your child, someone that loves deeply, that books about families like theirs are not welcome in their school library: the place that should be accepting to everyone.”

Katy ISD is a multitime offender in this category, so none of this is a surprise, however much of a disgrace and disappointment it is. In this case, it’s like Katy ISD saw what they were doing in Fort Bend and took it as a challenge.

I mean, once again, we know what the problem is and what the solution is. Three of the five trustees that voted for this mess were elected last year with the help of the Harris County GOP. The rest of us need to make this a priority. The Press

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New COVID vaccine available

In case you missed it.

The Food and Drug Administration announced Thursday it has greenlighted updated COVID-19 vaccines from Pfizer and Moderna for the 2024 fall season. The decision clears the way for distribution to begin for the latest version of the shots earlier this year than last year.

Moderna and Pfizer’s shots were revised this year to target the KP.2 variant of SARS-CoV-2, the virus that causes COVID-19, as part of a now-annual process undertaken by the FDA and health authorities around the world to update the vaccines to protect against newer strains of the virus.

“Given waning immunity of the population from previous exposure to the virus and from prior vaccination, we strongly encourage those who are eligible to consider receiving an updated COVID-19 vaccine to provide better protection against currently circulating variants,” said Dr. Peter Marks, Director of the FDA’s Center for Biologics Evaluation and Research.

Similar to previous seasons, the Centers for Disease Control and Prevention is recommending that all Americans ages 6 months and older get a shot of the “updated 2024-2025 COVID-19 vaccine” to protect against another expected surge of the virus this fall and winter.

In a presentation to the American Medical Association earlier this month, CDC Director Dr. Mandy Cohen recommended starting to administer COVID-19 shots this year as soon they are available.

“Then the administration should continue through September, October, November, those are the months you really want to be paying attention to,” she said.

Both Moderna and Pfizer say they expect the first shots from their vaccines to become available in the coming days around the country. Another updated vaccine from Novavax is also expected to get the FDA’s authorization this year.

“FDA has committed to moving swiftly on regulatory authorization. We expect to have authorization in time for peak vaccination season,” Novavax said in a statement.

It’s been quite a busy summer for COVID – just anecdotally, I know lots of people who’ve had it recently, and I’ve seen many more postings on social media or other announcements as well. The good news is that while infections are up, hospitalizations and deaths remain relatively low. Make no mistake, a lot of people are still dying from COVID, but far fewer than in the early days, before the first vaccines and their widespread acceptance, and the hospitals are able to keep up.

I’m getting uncomfortably close to the point at which my age becomes a COVID risk factor, and we’re planning to travel to see family over the holidays, so you better believe we’ll be getting our latest boosters. I was asked if I wanted to get a flu shot the other day when picking up a prescription at CVS. I’ll be double-dipping the next time I’m there. Here’s some useful guidance to help you make your plan for a shot. Don’t miss out.

Posted in Technology, science, and math | Tagged , , , , , | 1 Comment

Texas blog roundup for the week of August 26

The Texas Progressive Alliance is not going back as it brings you this week’s roundup.

Continue reading

Posted in Blog stuff | Tagged , | 5 Comments

Election monitors coming

::rolls eyes::

The Secretary of State’s Office will again assign state inspectors to observe the handling and counting of ballots and monitor election records in Harris County, the state agency said while releasing a new audit outlining problems with the county’s elections in 2021 and 2022.

The audit, released late Friday, found that in those years, Harris County election officials did not follow state-mandated rules related to voter registration list maintenance; failed to adequately train election workers, which led to problems at the polls; and violated the law when it failed to estimate and issue the required ballot paper at some polling locations.

Harris County failed to adequately train election workers on how to properly set up and operate the voting system, the audit found, which “may have impacted the high percentage of equipment malfunctions” in the November 2021 constitutional amendment election. The county then did not adequately address these training issues prior to the March 2022 primary, the state said.

Former Harris County Elections Administrator Clifford Tatum did not immediately respond to a request for comment on the audit’s findings. Harris County Clerk Teneshia Hudspeth, who took over running elections last September after state lawmakers passed a law eliminating the election administrator position in the state’s most populous county, said in a statement that her office “will continue to ensure that the concerns that plagued the now-defunct Elections Administrator’s Office are not revisited.”

In the audit report, the Secretary of State’s Office said current Harris County election officials, who didn’t oversee the elections included in the audit, have worked to address the problems and correct the county’s procedures.

[…]

Hudspeth has presided over multiple county-wide and municipal elections, including a primary and a runoff election, since taking over last September. Although a storm left at least a dozen locations without power during the primary runoff election in May, voting wasn’t disrupted.

Speaking on a panel at the annual training for election officials hosted by the Secretary of State’s Office in Austin earlier this month, Hudspeth said her office has created a compliance team made up of roughly four people familiar with every step of the election process and responsible for properly documenting it. After each election, that team also digitizes election records and labels them to be used for auditing purposes or during election challenges, if necessary.

“It makes it easier for us to identify when the audit comes, what we need to pull together,” Hudspeth told hundreds of Texas election officials who gathered at the event. “Not every audit is exactly the same. It doesn’t always look the same. It isn’t always the same exact information, but what we have learned over time, is to put a process in place.”

Emphasis mine. The fact that the audit was released on Friday afternoon tells you all you need to know about what it did (and more importantly, didn’t) say. Harris County has had some issues conducting elections in past years, but it was all human error and the response from the state has been wildly out of proportion. We all know where that comes from. The burden of that once again falls on County Clerk Teneshia Hudspeth, and as much as she doesn’t deserve that, we’re lucky to have her. I very much hope this will be the end of it.

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FBISD’s restrictive new library book policy

As dumb and misguided as this is, the good news is that there’s a straightforward solution to it.

The Fort Bend ISD board voted to approve a library book policy on Monday that critics have called the “most restrictive in the state of Texas.”

The board voted 5-2 to approve the policy that allows the superintendent to have sole authority to remove content from library shelves, meaning that the mandated library materials review committee will be optional going forward.

Critics, who turned out to oppose the vote, said this library policy could result in hundreds of books being taken off Fort Bend ISD library shelves.

“I cannot believe that an independent American public school has reached this point,” Dhruti Pathak said. “This policy is appalling to me.”

Pathak, an Elkins High School student, grew up in Saudi Arabia, where she saw the impacts of censorship “firsthand.”

“We are definitely headed in an extremist direction,” said parent Anna Lykoudis-Zafiris.

Thirteen stakeholders spoke against the policy at public comment before the deciding vote. One speaker, student Christopher Pontiff, was honored at the beginning of the meeting.

“I do want you all to consider the hypocrisy of restricting information while congratulating me for the very design that advocated for the openness of information,” Pontiff said.

He then brought silence to the room, asking the board to look at parents standing in opposition to the policy for the two minutes left on his clock. Board president Kristin Tassin attempted to move along with the commenters, but Pontiff declined to yield his time.

[…]

An earlier version of this policy came across the dais in April, when the board voted to table the vote and edit the policy in workshops and board policy committee meetings. The policy was discussed again in June during a board workshop before returning to discussion during the Aug. 12 board workshop.

During this time, the policy edited to address some of the community’s concerns, such as banning books that “stimulate sexual desire” among minors, a vague statement without directions as to how that would be decided.

The updated policy mandates that content must not “promote sexual activity among minors or contain graphic images or explicit descriptions of sex acts or simulations of such acts,” and does not describe what “simulations of sex acts” means.

The policy also stipulates that library books “foster growth in… aesthetic values and societal standards,” two terms that are not defined.

It also mandates that content not promote “unlawful” activity, such as illegal use of alcohol, tobacco and drugs by minors. The original policy proposed that content in elementary schools must not depict or describe nudity in a way that “appeals to prurient interest,” but it was amended to remove that sentence and then add a new sentence that read instead that no depictions of sexual activity promoted the touching of genitals amongst minors.

Prurient, according to the Miriam Webster dictionary, is defined as “arousing, or appealing to sexual desire.”

The policy was edited to add the term “or superintendent’s designee” in some areas to allow the superintendent to delegate the library materials tasks to someone else, which trustee David Hamilton said came in response to community feedback. Still, the policy as written does leave the authority with the superintendent to either make decisions himself or to choose who to delegate those decisions to.

Critics have said that this measure allows for pressure to be inflicted on the superintendent from the board if someone wants a book removed immediately, without a formal reconsideration process, which would be allowed by this policy.

Trustee Shirley Rose-Gilliam was concerned that this policy was putting the superintendent in a difficult situation.

“I sure hope that we are not going to put Dr. Smith in a situation where we are going to have a board member that wants a book off the shelf, and then he is the one that is going to have to have to do that,” Rose-Gilliam said.

Trustee Rose-Gilliam was not speaking hypothetically, as her fellow trustee David Hamilton is the driving force behind this policy and also a major filer of complaints about various books. You should read the rest of the article – the Press also has a good, comprehensive report – and also this post by Franklin Strong, whose work I’ve cited here numerous times as the co-founder of the Texas Freedom to Read Project and tireless analyst of school board trustee races. FBISD Trustee Hamilton has attacked Strong in his pro-censorship rants on social media, so you can see where this is going.

The answer here is what the answer always is: You gotta vote these nutjobs out. Five trustees voted for this policy. They may not all be as bad as David Hamilton, but they supported his work. People are more aware of this threat to the freedom to read now, and they are speaking out and putting pressure on their school boards, with an admirable boost from affected students themselves. That’s all great and wonderful and necessary, but it’s not sufficient. The problem trustees need to be voted out and replaced with people who are on our side. I don’t know how to be any more explicit about this.

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

Watch out for Waymo

We’ve talked a lot about Cruise’s so far ill-fated attempt to do robotaxi service, mostly because it was briefly available in Houston (and may be again soon), but the most successful purveyor of such services out there has been Waymo. And they keep growing.

Waymo is now providing more than 100,000 paid robotaxi rides per week in the U.S., according to a LinkedIn announcement by co-CEO Tekedra Mawakana. That’s double the 50,000 weekly paid trips the company reported in May.

A spokesperson for the Alphabet-owned driverless vehicle venture told CNBC on Tuesday that San Francisco now “serves the most trips” among the cities where Waymo operates its commercial service: San Francisco, Phoenix, Austin and Los Angeles.

Last month, Alphabet announced that it was investing an additional $5 billion into Waymo, which started as a self-driving project at the company in 2009.

On Monday, Waymo revealed details about its new, “generation 6” self-driving system, which should enable the company to offer driverless services in a wider array of weather conditions and without requiring as many costly cameras and sensors in its vehicles.

Waymo, which boasts around 700 vehicles in its fleet today, operates the only commercial robotaxi service in the U.S., Waymo One.

They’re mostly in the San Francisco area and Phoenix, but as that Monday story notes, they’re looking to expand.

Alphabet-owned Waymo revealed details about its newest “generation 6” self-driving technology on Monday. Its new driverless tech, integrated into Geely Zeekr electric vehicles, should be able to handle a wider array of weather conditions without requiring as many costly cameras and sensors on board.

The company invited CNBC to its Mountain View, California, garage to see the new robotaxis in development. Satish Jeyachandran, Waymo’s vice president of engineering, said the team is “confident we can bring this generation to market much faster than the prior generation,” citing advances in machine learning technology and semiconductor performance.

Waymo’s commercial robotaxi service first went live in late 2018 in the U.S. The company previously integrated its driverless systems into Chrysler Pacifica hybrid minivans and fully electric Jaguar I-PACE SUVs.

Executives are sharing details about the forthcoming robotaxis as Waymo works to scale its existing service, Waymo One, within the Sunbelt cities of San Francisco, Phoenix, Austin, Texas, and Los Angeles.

Waymo has been testing in Austin and offering ride-booking services since March. The National Highway Traffic Safety Administration opened a preliminary investigation into their vehicles in May, over “reports that the company’s cars caused traffic problems, including crashes, in a number of cities”. That appears to still be ongoing. No current indication of when actual robotaxi service would come to Austin, but you can get on the waitlist now, if that’s your thing. I’m perfectly happy to let other cities do the beta testing here. Let us know when and if it’s ready for prime time.

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More on Paxton’s “election fraud” raids

It’s just wild stuff.

Cecilia Castellano

A Democratic candidate for the Texas House on Monday dismissed as “nonsense” a state investigation into a vote harvesting scheme that led authorities to confiscate her phone and search the homes of a legislative aide and elderly Latino election volunteers.

Cecilia Castellano, who is running to succeed state Rep. Tracy King, D-Uvalde, made the remarks during a news conference that featured some of the South Texans who were served search warrants last week.

Latino civil rights leaders and state lawmakers also said on Monday they will ask the federal government and Texas Senate to investigate the raids.

League of United Latin American Citizens leaders have said authorities searched the homes of elderly Latino election volunteers pre-dawn with guns drawn and scant information about their probe. They have blasted the raids executed by Attorney General Ken Paxton’s office as an effort to intimidate Latino voters.

Without naming him, Castellano said the state’s top Republicans had publicly endorsed her opponent, former Uvalde Mayor Don McLaughlin Jr.

“Do not get distracted by this nonsense,” Castellano said. “Despite the challenges, I refuse to be silenced.”

[…]

LULAC officials plan to file formal complaints with the U.S. Justice Department, seeking a federal review of the state’s investigation and raids, said Gabriel Rosales, LULAC’s Texas state director.

“We didn’t break any law,” Rosales said. “All we did was go out there to increase the political participation of the Latino community.”

State Sen. Roland Gutierrez, D-San Antonio, said he and another lawmaker planned to request a state inquiry from Lt. Gov. Dan Patrick. Such a review is unlikely to be granted by Patrick, a staunch Republican who presides over the Senate.

See here for the background. It’s hard to imagine a valid need for armed pre-dawn raids on the homes of a bunch of elderly folks. What exactly were those DPS troopers expecting to find? One wonders where we might be now if one of the cops had shot someone, or if one of the targets had suffered a heart attack from the stress. I hope the Justice Department responds quickly and firmly, if only to ensure that this isn’t some half-assed fishing expedition. Reform Austin and the Current have more.

UPDATE: From Texas Public Radio.

[87-year-old LULAC member Lidia] Martinez said her LEE High School area home was raided not long after she woke up at 5:30 a.m. last Tuesday.

She said seven armed men and two armed women were at her home for hours searching and questioning her about voter registration, LULAC, and Medina.

She said she helps seniors register to vote or helps them with their mail-in ballots if they need it, but she did not do anything illegal. She said she does not fill anything in for anyone on voter forms.

“They questioned me for three hours,” she said. “At one point, they had me outside in front of all my neighbors while they searched the living room, and they never let me get dressed. It was just very embarrassing, intimidating harassment. They searched everything in my house.”

Shameful. I don’t care what you think you’re doing, there’s no call to treat an 87-year-old like that.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , | 1 Comment

What’s in a (community college) name?

So what should we call you, HCC?

Houston Community College may consider changing its name as the institution expands its offerings to include bachelor’s degree programs, administrators said at a Wednesday board meeting.

The possibility is already a hotly debated topic among the board’s trustees, with early discussions yielding split opinions on the necessity and prudence of such an undertaking. Several members agreed that the words “community college” on a baccalaureate diploma might be a tough sell for employers with a plethora of college graduate candidates. Other trustees called a change a distraction, especially with the institution in the hot seat to improve its graduation and retention numbers for better funding from the state Legislature.

“I’m taken aback about why we are even talking about this when we have a whole lot of work to do,” District III Trustee Adriana Tamez said.

“Before you came on board, with all due respect, chancellor, according to my colleagues, the sky was falling here at HCC,” she said later, referencing Chancellor Margaret Ford Fisher’s hiring this year.

A name change would most likely drop “community” from the institution’s brand, mirroring the same action taken at Dallas College in 2020 and other community colleges before that. Lone Star College, for example, evolved from North Harris Montgomery Community College District, and South Texas College was known as South Texas Community College McAllen.

Ford Fisher argued that the board couldn’t undo what it did with the approval of its two new bachelor’s degree programs, which begin classes this fall. Community colleges are increasingly widening their offerings amid changing workforce needs, and four-year universities are exploring the same with certificate programs, she said.

In June, the Southern Association of Colleges and Schools Commission on Colleges approved the college’s request to offer baccalaureate degrees in artificial intelligence and robotics as well as healthcare management. The name change would help differentiate the school and represent its offerings in both associate’s and bachelors degrees, the president said.

I confess, I missed that earlier story about HCC offering some baccalaureate options, though I did see the story about Sam Houston State gearing up to do some certificate programs. I have no objection to them experimenting and expanding their offerings, though I’m not sure how good a fit any of it is. I’m ambivalent about the idea of a name change. I can see how it might make sense, but maybe we should wait a bit and see how this bachelor’s thing works out before we fully commit to the concept. I would also prefer to not spend too much money on the rebranding, if possible.

If we do go down this road, I think “Houston College” makes the most sense as the new name. It’s consistent with other schools of this type, and it’s not a recent innovation – the community college in San Antonio has been “San Antonio College” since at least the 80s when I was a student at Trinity. We’ll cross that bridge when and if we get to it.

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Another Loving County election tossed

Wow again.

The Texas Eighth Court of Appeals overturned results in a third race in the November 2022 general election in Loving County, Texas, the least-populous county in the United States, after a district court overturned two other close races in a 2023 ruling.

This sparsely populated pocket of Texas has a 2020 census population of just 64 in the 671-square-mile county — “home to more wildlife than voters” as Justice Lisa Soto of the Eighth Court of Appeals commented in the court’s opinion. “There, perhaps more than anywhere, does the maxim ‘every vote matters’ ring true.”

That is why three losing candidates in the county’s 2022 general election sued the winners over the extremely close results. The candidate for County and District Clerk had lost by just 12 votes, while the race for Precinct 2 Commissioner came down to a mere six. And the race for Justice of the Peace ended in a dead tie with a 2-vote margin in the runoff.

Their particular challenge focused on the actual residency of 26 of the roughly 110 registered voters in the tiny county.

In its 2-1 decision published Friday, Soto, writing for the majority, agreed that 10 people of those contested people had not made Loving County their legal residence at the time they cast their vote.

Soto was joined in the majority opinion by Chief Justice Jeff Alley. Justice Gina M. Palafox dissented.

“Determining residency under the Election Code has long depended on several factors, including a person’s volition, intent, and action,” Soto wrote.

All ten people whose votes were thrown out had ties to the county, and visited to varying degrees, but they had designated addresses outside the county as their primary residence on various documents, from driver’s licenses to utility bills.

They could have moved permanently to Loving County, and many of them wanted to, but they did not fully do so prior to the election, making it an incomplete action, Soto said, regardless of volition and intention.

[…]

Judge David Rogers of the Midland County District Court ruled in December 2023 that under the terms of Texas election law, 10 illegal votes had been counted in the election while two voters had been legally barred from participating.

He then ordered a redo of the elections for Justice of the Peace and Precinct 2 Commissioner, since the margin of victory in both elections was less than ten. But Rogers upheld the results of the County and District Clerk election, since a 12-vote margin of error still left the incumbent with the win after removing the illegal votes.

However, the appeals court overruled Rogers’s decision on the two people prevented from voting in the local races.

Both of them updated driver’s licenses and voter registration to their Loving County addresses after they moved there in August 2022 — demonstrating “volition, intention, and action” — but they were given limited ballots due to not being on the voter rolls when they came to vote. As such, Soto said, they should have been allowed provisional ballots to cast their vote in the local races, and Rogers wrongly held that the limited ballots were proper.

The appeals court overruled Rogers’ decision not to order a redo of the County and District Clerk election.

“Upon subtracting the number of voters who illegally cast ballots and adding the two eligible voters who were improperly prevented from voting in the Loving County and District Clerk race, the differential now equals the margin of error in that race (12),” Soto wrote. “Accordingly, we remand the proceeding for the trial court to void that election and order a new election for Loving County and District Clerk as well.”

See here for the previous update. One wonders how much electoral chaos there needs to be in Loving County before the state takes an interest. At this point, as far as I know, there have been no new elections scheduled for Loving County as this matter had still been ongoing. That will presumably remain the case if this gets appealed to SCOTx. Who knows how long it may take to resolve this. Enjoy the uncertainty, y’all. Texas Standard has more.

Posted in Election 2022, Legal matters | Tagged , , , , , , , , , , , , , , , , , | 1 Comment

That “poll” of the HISD bond referendum

I’m sorry, but this doesn’t tell us anything.

Houston ISD voters are overwhelmingly willing to support a school bond package to upgrade campuses throughout the district, according to polling released Thursday, though questions remain about whether residents will back a $4.4 billion proposal on the ballot in November.

New polling by Rice University’s Kinder Institute for Urban Research revealed three-quarters of 1,900 HISD residents surveyed in recent weeks said that they would back a school bond package that didn’t raise their property tax rates.

The finding bodes well for the district’s multibillion-dollar bond proposal this year, which doesn’t include a tax rate increase, but the temperature check leaves some uncertainty about whether voters will support the package.

The survey did not ask about HISD’s $4.4 billion proposal, which was not finalized at the time researchers conducted the polling, but rather a theoretical bond that did not raise taxes. HISD’s proposal would fund rebuilding campuses, fixing faulty air systems, upgrading school security and providing other improvements.

The results show little change in community support for an HISD bond since Rice researchers conducted similar polling six months ago. During that span, HISD’s leadership has made drastic budget cuts, ousted dozens of principals and posted major gains in student test scores.

“That’s really why we redid the survey in August, because a lot has happened between January and August in the district … so we really were curious to see if that was going to move the needle,” said Kori Stroub, associate director of research for the Kinder Institute’s Houston Education Research Consortium. “And it really didn’t at all.”

I mentioned the earlier poll in July, when the outlines of the bond issuance were coming into focus. There are several reasons why one should not take this seriously as a measure of support for the referendum.

1. It never actually asks the question whether one would vote for the specific bond package that will be on the ballot. I get that this survey was done before it was finalized, but that doesn’t change anything. It’s asking a general question about a theoretical bond, which to me is like a question pitting “generic Democrat” against a named Republican. It tells you something, but not what you want to know.

2. Along those lines, the first question the poll asks is about whether the respondent thinks Houston-area schools need more money to provide a quality education. I don’t have the exact wording of the question they asked (they never provide the questions used) but this is not only not the same thing – the question of how schools are funded is a legislative matter, and not what is on the ballot – it kind of primes the pump for the later ask about the bond.

3. The respondents are adults, in and out of HISD’s boundaries. Not voters, but adults. I expect this to be a high turnout election, but lots of adults in Harris County are not registered voters, and if we have 70% turnout of registered voters this fall, that will be an all-time record, by quite a bit. Also, too, not everyone who lives in HISD and shows up to vote will participate in that contest. In 2012, the last time we have an HISD bond referendum, which also happened to be in a Presidential election year, there was a 19% undervote rate (see page 49) in the referendum. Point being, their sample may be representative of HISD, but that’s far from the same thing as being representative of who will vote on the bond.

4. As discussed before in the previous post, HISD bond referenda are usually pretty popular, and usually pass with ease. As I said before, under normal circumstances I’d expect this referendum to do the same. But these are not normal circumstances, and the last time there was any kind of organized opposition to a bond, it barely passed. It is just not credible to me, given the recent history, that this one would pass with flying colors.

I don’t know what will happen with this bond. It may pass – the need is there, people want to support school bonds – but that absolutely cannot be taken for granted. I hope we get a real poll or two on this issue, because this wasn’t it. The Chron has more.

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

Paxton’s “election fraud” raids

All sorts of warning bells here.

Still a crook any way you look

The League of United Latin American Citizens plans to request a federal investigation into raids Attorney General Ken Paxton conducted this week as part of what he called an “ongoing election integrity investigation.”

Gabriel Rosales, Texas LULAC’s state director, said in a statement that Paxton carried out the raids 11 weeks before the 2024 elections “to suppress the Latino vote through intimidation and any means necessary to tilt the electoral process in favor of his political allies.”

Agents raided the home of Cecilia Castellano — the Democrat running to succeed state Rep. Tracy King, D-Uvalde — and confiscated her phone as part of the search, according to Rosales. Republicans see that seat, which Gov. Greg Abbott carried by nearly 6 percentage points, as their best potential state House flip in November.

Law enforcement also searched the homes of at least five other Latino individuals, all of whom were working on Castellano’s campaign and three of whom are members of Texas LULAC, Rosales added. LULAC is a non-partisan, volunteer-based Hispanic civil rights organization headquartered in Washington.

The group is in the dark about the details of any accusations, Rosales said, “but there’s none that we’ve been privy to that merits an investigation like this that wastes taxpayers’ money.”

“It is disgraceful and outrageous that the state of Texas, and its highest-ranking law enforcement officer is once again using the power of his office to instill fear in the hearts of community members who volunteer their time to promote civic engagement,” Rosales said in a statement.

Paxton announced on Wednesday that his office executed “multiple” search warrants in Frio, Atascosa and Bexar counties the day prior as part of an investigation into allegations of “election fraud and vote harvesting that occurred during the 2022 elections.” A two-year investigation, Paxton said, provided “sufficient evidence” to obtain the search warrants.

“Secure elections are the cornerstone of our republic,” Paxton said in a statement. “We are completely committed to protecting the security of the ballot box and the integrity of every legal vote. This means ensuring accountability for anyone committing election crimes.”

Paxton’s office did not reply to a request for additional information. His announcement did not detail the targets of the raids, the number of raids, or the reason specific homes were searched.

“It’s still very vague,” Rosales said in an interview. “That’s what’s really unnerving about the whole situation.”

There’s some details about the warrants and what happened at the raids in this later story. Is it possible that there’s some genuinely illegal activity happening? Sure, politics has its share of shady characters, and as these stories make clear there’s a lot we don’t yet know. All one can do is speculate, which doesn’t add anything of value to the conversation. But you’d have to be Tooth Fairy-level naive to take this on face value. I mean, Ken Paxton, in an extremely heated election year, in a rare Republican pickup opportunity district, with vouchers on the line, and bullshit claims of “non-citizens” registering to vote on top of it all? There’s not enough salt in the world to take this with. The Chron has more.

Posted in Election 2024 | Tagged , , , , , , , , , , , , , , , | 1 Comment

Miles whines about criticism

Oh good Lord.

State-appointed Houston Independent School District Superintendent Mike Miles responded to recent criticism from several Democratic state lawmakers by sending a letter telling them to “lead, follow, or get out of the way.”

The letter calls for lawmakers to “put aside the politics of grievance and divisiveness” and join him in celebrating the district’s “miraculous” results on the Texas Education Agency’s unofficial 2024 accountability results, where 55 schools jumped from a D or F rating in unofficial 2023 ratings to an A or B this year.

“Let’s end the distracting public fighting and work together,” Miles wrote in the letter published by the Quorum Report. “HISD will not stop fighting for our students. We will not stop working to change the parts of a broken system that hold too many students back. We will not stop putting our students first.”

HISD did not immediately respond to a request for comment on the undated letter.

The letter was addressed to the same nine legislators who publicly shared a letter Monday asking Texas Attorney General Ken Paxton to investigate Third Future Schools, the Colorado-based charter school network Miles founded. Spectrum News reported in May that the network moved money from Texas public schools to Colorado campuses while Miles led the organization as CEO.

Lawmakers wrote that they had “deep concern regarding the financial mismanagement and lack of transparency” associated with Miles. Their letter called for an audit of Third Future Schools Texas, an investigation into potential conflicts of interest and a closer monitoring of the organization’s governance practices to ensure the highest standards of accountability and transparency.

[…]

Miles told lawmakers he hoped they could work together to give HISD students “an example of what real leadership looks like.” He said that while they may have disagreements about some of the changes he has made in HISD, the district was changing students’ lives and futures and bringing hope back.

“I am not a politician, and I am not running for election, but I know about leadership,” Miles said. “I suspect we all strive to be leaders who bring people to their best hopes rather than play on their worst fears. We want to be leaders that get things done. I know as leaders we must fight the fights that need fighting, not just those we know we can win.”

See here for the background. I could write on and on about how thin-skinned this guy is and all, but I’ll spare us both the grief. Suffice it to say that he’s the guy in charge, he can damn well take the heat. The day may come when we’ll all owe Mike Miles an apology for his wisdom and leadership and whatever else, but today is not that day and tomorrow isn’t looking good, either. Whatever eventually happens with the test scores and accountability ratings, I will never stop having things to say about how Miles went about doing what he did and what he could and should have done better. And neither should you or anyone else.

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Weekend link dump for August 25

What would John Scalzi do? He would tell you not to idolize anyone.

“All of this shows that Trump hasn’t paid attention to what the anti-abortion movement says or demands. That’s because he doesn’t have to. He assumes—correctly, it seems—that voters opposed to abortion will pull the lever for him no matter what. And he understands that if he has a second term, he will not need to understand the ins and outs of abortion policy because he can just give that job to those who do.”

“This disparity between preelection intent and actual voting behavior illuminates the challenge that polls have struggled with in recent elections: Black nonvoters may be answering surveys in ways that suggest they’re open to abandoning the Democratic nominee. The fact that these individuals ultimately do not vote – or ultimately do support the Democratic candidate – can produce misleading preelection vote share estimates.”

RIP, Phil Donohue, iconic talk show host.

“The majority of people who are arrested for misdemeanors should be offered means-tested, pretrial diversion programs that do not compel defendants to plead guilty, so that they can exit the criminal justice system without a criminal conviction and without debt. Once the charges are dropped, evidence of these arrests should be automatically sealed from public view, at no cost to the defendant.”

I’m not sure this is a good idea.

“George Santos Pleads Guilty To Federal Charges”.

RIP, Tatcho Mindiola, veteran of the 1970s Chicano Movement who went on to create the very successful Mexican American Studies college programs at the University of Houston.

“While laws on using generative artificial intelligence in political campaigns remain somewhat piecemeal, Swift could take action against her likeness being used by Trump. Tennessee, where Taylor Swift is headquartered, recently passed a bill protecting the property rights of artists’ name, likeness and voice, as reported by 404 Media. Swift could also pursue action under defamation laws.”

Fine by me if MLB is blackballing Trevor Bauer. He deserves it.

“The 2024 Olympics were a big win for TV of all kinds”.

Love is dead.

“The Democratic Wife Guys don’t just think their wives are beautiful or great mothers; they admire their intelligence, and they support their ambition. And perhaps most importantly, they are willing to make personal sacrifices for their wives’ aspirations, something particularly true of Emhoff.”

Really wishing Kate Cox and her family all the best.

RIP, Al Attles, basketball Hall of Famer who coached the Golden State Warriors to their first NBA title in 1975.

“Chick-Fil-A Hatches Plans For Streaming Service As Reality TV Comes Home To Roost”.

“If pro-family only means that you oppose abortion, then that’s a single issue. We vote on so many pro-family issues. It’s not just one issue.”

The Pommel Horse Guy will be dancing with the stars next month.

Remember the story of the Bhutan Baseball and Softball Association, which I mentioned in February? Well, a dozen players from Bhutan, six young men and six young women, got to take a trip to New York where they visited the Hudson Valley Renegades, High-A affiliate of the New York Yankees. The next day, they got a trip to Yankee Stadium. Pretty damn cool.

“If Trump and his toadies are now complaining that Harris is treating him like the incumbent it is because in ways vast and small he has acted like one and demanded to be treated like one for almost four years. She’s taken his most perverse and vainglorious conceit and turned it into a massive liability.”

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CD18 special election lineup set

It’s Erica Lee Carter and two people you’ve never heard of.

Erica Lee Carter

U.S. Rep. Sheila Jackson Lee’s daughter, Erica Lee Carter, will be the only Democrat on the ballot seeking to finish the late congresswoman’s term, priming Carter for a few weeks in Congress as a bridge to a candidate who will fill a full term.

At the special election filing deadline at 6 p.m. Thursday evening, Carter was one of three candidates — the other two are Republicans — running to succeed her mother in the Houston-based district. If elected on Nov. 5, Carter would serve until the next Congress is sworn in on Jan. 5.

As of now, Carter will face Republicans Maria Dunn and Kevin Dural in the heavily Democratic district.

[…]

For the special election, a candidate must avoid a runoff by winning a majority of the vote to be sworn in at all, given that a special election wouldn’t take place until after the general election victor is sworn in.

In a statement when Carter announced her candidacy, she said Democrats should unite to “regain their vote.” Democratic officials in Houston, including those who sought to be the replacement nominee, endorsed Carter for the special election.

After officials selected Turner as the new Democratic general election nominee by 41 votes to 37, beating out former Houston City Council member Amanda Edwards, he told the Tribune he supported Carter on the special election ballot.

“It would be a fitting tribute to the legacy of the congresswoman for her daughter to serve out the remainder of her term,” Turner said.

Edwards said she would support the Democratic ticket.

See here for the background. I fully expect Carter to win on November 5, which is the best possible outcome. I couldn’t find any information about candidate Maria Dunn online, though I did find a voter registration for someone with that name at the same address as the one on the SOS candidate listing for the special election. As for As for Kevin Dural, he has an address listed in The Woodlands and no Harris County voter registration that I could find. Which is fine, per the Constitution all he needs to be is a resident of Texas. He has a website with no biographical information, and a quote from a news story about the precinct chair election that makes it sound like he thinks he’s running against Sylvester Turner. Hey, I get it, this has been confusing for us all.

What is now confusing me is this:

A second special election will take place in McLennan County, where Republican Waco businessman Pat Curry and Democratic attorney Erin Shank will fight in both the special and general election contests on Nov. 5.

The special election is to fill out the term of Rep. Doc Anderson in HD56, who recently resigned after previously announcing his retirement. How is it that they can be on both the special election and general election ballots, and not Sylvester Turner (and Lana Centonze, if anyone cares about her)? I have no idea. Someone previously cited Sec. 141.033 of the Elections Code in answer to the CD18 question. I don’t see how it applies to one and not the other. Anyone know what the deal is? I got nothing.

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SCOTx declares 15th Court of Appeals to be legal

Just in time for its grand opening.

The Texas Supreme Court defended the state legislature’s creation of a statewide district court of appeals, holding the new court is constitutional.

Dallas County and Dallas County Sheriff Marian Brown challenged the constitutionality of the Fifteenth Court of Appeals, which opens for business Sept. 1.

Dallas County sued the Texas Health and Human Services Commission and its officers in Travis County over a dispute about the state’s alleged failure to take custody of criminal defendants who have been adjudicated incompetent to stand trial.

The county also HHSC’s failure imposes unjustified costs on the county, which must retain custody and pay for the inmates’ treatment.

The trial court denied the state’s plea to jurisdiction, leading to an appeal in the Third District Court of Appeals.

Justice Evan Young, responding for the court on a petition for writ of mandamus, said it was too late for procedural reasons to resolve the appeal before its mandatory transfer to the Fifteenth District.

[…]

The county’s main argument was that the state constitution requires every court of appeals district is limited to a subdivision of the state’s territory.

Disagreeing with the county, Young’s response established the high courts jurisdiction and reached the merits of whether the new court is constitutionally structured. Young concluded the constitution includes grants of legislative discretion over the structure and jurisdiction of the courts of appeals.

The Fifteenth District is the legislature’s first attempt in almost 60 years to create a new intermediate appellate court, Young noted.

While the county argues it can’t be constitutional because it’s composed of all counties in the state, Young said their argument hinges on the words “divide” and “district.”

Taking these definitions, nothing in the phrase ‘the state shall be divided into courts of appeals districts’ threatens the Fifteenth Court’s constitutionality, Young said.

“‘The state’ has been ‘divided.’ The legislature immediately fulfilled its duty to ‘separate’ the intermediate court system ‘into parts,’ which for over 130 years has meant geographic regions with various levels of overlap,” Young wrote.

Referring to “district,” Young said the word can be used for statewide, state-run bodies, too. At-large districts, Young said, are hardly unknown, either—a city or other polity might have multiple districts that carve up the city alongside at-large districts that cover the entirety of the jurisdiction.

See here for some background. Justice Young’s reasoning seems like a bit of sophistry to me, but it’s not so egregious that I’m in danger of my hair catching fire. I was expecting a challenge to the legality of this court and its sibling the business court, but I thought it would be on the grounds that they needed to be created via constitutional amendment, and not a regular law. That wasn’t the argument Dallas County went with, for better or worse. I kind of suspect that SCOTx would have found a reason to uphold it regardless, but you never know. As this court becomes official on September 1, I am not sure there’s enough time for further challenges. I think we’re stuck with it, which means that we’re going to need to put some effort into winning elections for its benches. At least there will now be more things for the ambitious lawyers (and sitting judges not up for election that year) to run for.

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Here’s our World Baseball Classic schedule

In case you want to start filling in your 2026 calendar now.

When the World Baseball Classic hits Houston’s Minute Maid Park in March 2026, the ballpark will host games featuring the United States, Mexico, Italy and Great Britain.

In May, Houston was named along with Miami, Tokyo and San Juan, Puerto Rico as one of four host cities for the tournament. On Wednesday, the schedule was released with Houston hosting all games in Pool B, which includes the four aforementioned teams plus one yet-to-be-determined qualifier.

Pool play is March 6-11, and Minute Maid Park also will host two quarterfinal games March 13-14. Houston’s quarterfinal games will pit the top two teams from Pool B against the top two teams from Pool A, which includes Cuba, Puerto Rico, Canada and Panama.

Pool play at Minute Maid Park will include 10 games in six days with the United States facing Mexico on Monday, March 9.

The tournament semifinals and finals will be at Miami’s LoanDepot Park.

Tickets aren’t yet available, but fans can register on the Astros website to receive notifications when tickets go on sale.

See here and here for the background. I need to get a group together and register for that notification. I’m all in for this. If I can see a World Cup game later in the year as well, so much the better.

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RFK Jr pulls out

What a loser.

Robert F. Kennedy Jr. announced on Friday that he is suspending his independent campaign for president and endorsed former president Donald Trump.

While announcing his suspension of his campaign, Kennedy said that he is choosing to stay on the ballot in most states but will remove his name in swing states. He didn’t name which states, but according to The Texas Secretary of State website Kennedy has withdrawn from being on the Texas ballot. Kennedy did withdraw from the Arizona ballot on Thursday.

Recent polling shows Vice President Kamala Harris within striking distance of winning Texas, a stronger showing than when President Joe Biden was a candidate for reelection and was polling behind Trump in Texas by nearly double digits. In the same poll, Kennedy had roughly 2% of support from likely Texans voters. He had reached a high of 8% in earlier polling.

Two weeks ago, the Texas Secretary of State’s office accepted Kennedy’s petition to appear on the state ballot. According to the state election code, a candidate has until the 74th day before election day to withdraw from the general election.

Yes, it was barely two weeks ago that he got on the ballot. Someone sure wasted a bunch of money on that effort. According to the Associated Press, Kennedy said he “would work to remove his name from ballots in 10 swing states where he believes he does not have a chance of winning”. (Pause for deep breaths as I struggle to keep a straight face.) Congratulations to us for making it as a swing state, I guess. If RFK Jr (snicker) believes it, it must be true.

As noted before, I doubt his exit really affects anything here – probably not anywhere else either, as the weirdness factor may outweigh any positive-for-Trump effects – but it does give the pundit class a day or two’s worth of material. I’m just impressed his campaign had sufficient levels of executive function to do the withdrawal paperwork in a timely fashion. Don’t let the door hit you in the ass on the way out, dude.

Posted in Election 2024, The making of the President | Tagged , , , , , , , , , | 7 Comments

Lawsuit against FIEL tossed

Good.

A crook any way you look

A Harris County judge has denied Texas Attorney General Ken Paxton’s attempt to shut down local immigration nonprofit FIEL Houston.

Paxton originally petitioned to shut down FIEL in July for allegedly violating rules that govern the organization’s nonprofit status.

Judge R.K. Sandill, of Harris County’s 127th District Court, denied Paxton’s Aug. 15 request for a temporary injunction and petition to shut down the nonprofit. The judge’s two-sentence ruling, issued Friday, included no explanation for the denial.

Neither FIEL nor the attorney general’s office immediately responded to requests for comment.

Paxton argued that by referring to former President Donald Trump as a “son of the devil,” in Spanish, FIEL had violated government rules that limit a nonprofit’s ability to engage in political activities and the endorsements of candidates.

FIEL has yet to issue an official statement on the ruling, but the organization’s director Cesar Espinosa previously told the Landing that while it was the first time the organization had been targeted by the attorney general, he had seen Paxton attempt to silence other organizations geared toward helping immigrants.

“This is something that’s new to us as an organization, but unfortunately, we’ve seen it happen already a few times,” Espinosa said.

Harris County Attorney Christian Menefee submitted a court brief earlier this week expressing support for FIEL.

Menefee asked the court to preserve FIEL’s ability to help Harris County residents, and said the county does not believe Paxton has the authority to shut down a nonprofit in that manner.

“It’s clear that the Attorney General is overstepping his role by singling out organizations like FIEL that advocate for immigrants and their families,” Menefee said in a release. “Lawsuits like this not only undermine the hard work of organizations that provide critical resources to immigrants but also perpetuate a climate of fear and division.”

See here for the background. Paxton’s usual move in these situations is to appeal and I assume he will do so here. I don’t really think he has any chance of winning, but he can harass FIEL and make them spend a bunch of money fending him off while also sending a message to others like them. That’s probably good enough for him. You know the rest, so we’ll leave it at that. The Chron and the Trib have more.

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