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Friday random ten: Who needs instruments?

There is much excitement in my household (read: Olivia is excited) for Pitch Perfect 2. In honor of that, here are ten a capella tracks:

1. Behind Closed Doors – Modern Barbershop Quartet
2. Corn Dogs – The Bobs
3. Good Old A Capella – The Nylons
4. Enterprise: Sulu Medley – Hi-Fidelity
5. Star Wars – Moosebutter
6. Yoda – Lager Rhythms
7. Not The Same – Ben Folds and The Spartones
8. Party In The USA – Barden Bellas
9. Brothers, Sing On – Tufts Beelzebubs
10. Route 66 – The Manhattan Transfer

That last one is in honor of Tim Hauser, founder of The Manhattan Transfer, a group that inspired a capella performers for decades. What’s your favorite instrument-less song?

Posted in: Music.

Other towns consider fracking bans

If Denton can do it

A Texas hamlet shaken by its first recorded earthquake last year and hundreds since then is among communities now taking steps to challenge the oil and gas industry’s traditional supremacy over the right to frack.

Reno Mayor Lyndamyrth Stokes said spooked residents started calling last November: “I heard a boom, then crack! The whole house shook. What was that?” one caller asked. The U.S. Geological Survey confirmed that Reno, a community about 50 miles west of Dallas, had its first earthquake.

Seismologists have looked into whether the tremors are being caused by disposal wells on the outskirts of Reno, where millions of gallons of water produced by hydraulic fracturing are injected every day. Reno took the first step toward what Stokes believes will be an outright ban by passing a law in April limiting disposal well activity to operators who can prove the injections won’t cause earthquakes.

Reno and other cities are taking their lead from Denton, a university town north of Dallas where the state’s first ban on fracking within city limits takes effect Tuesday. The Denton ban has become a “proxy for this big war between people who want to stop fracking and people who want to see it happen,” said Michael Webber, deputy director of the Energy Institute at the University of Texas at Austin.

It also has become a referendum on Texas cities’ rights to halt drilling.

[...]

Denton’s city council has pledged to defend its ban, and other cities have taken note.

“Regulation doesn’t work very well in the state of Texas because the Railroad Commission doesn’t work on the public’s behalf,” said Dan Dowdey, an anti-fracking advocate in Alpine, a college town a few hours from two major shale formations, the Permian Basin and Eagle Ford. Dowdey and others are calling for Alpine’s city commission to ban fracking — even though the closest drilling is more than 100 miles away.

“We’re familiar with what the oil and gas industry can do to an area, and it’s not real pretty and it smells bad,” Dowdey added.

Residents of Presidio, a border town southwest of Alpine, want municipal leaders to protect their water source from being tainted by exploratory fracking wells in Mexico, said Pat Simms, who sits on a Presidio County water conservation board.

See here for some background. The Legislature will of course seek to pass a law that would forbid cities from adopting such bans, and the ongoing lawsuits might make that moot anyway. But maybe they won’t! Who knows? Point is, the desire to do this isn’t going to go away, and as long as that exists there will be a way. BOR and Texas Vox have more.

Posted in: The great state of Texas.

Bexar legislative shuffle update

The two candidates that we thought were running for HD123 have officially announced that they are running for HD123.

Mike Villarreal

Two Democrats announced this weekend that they’re running for Texas House District 123, the San Antonio seat that state Rep. Mike Villarreal is leaving to run for San Antonio mayor.

Public relations consultant Melissa Aguillon and City Councilman Diego Bernal officially kicked off their campaigns surrounded by cheering supporters. Other contenders for the house seat could include former City Councilman Walter Martinez, a Democrat, and Libertarian candidate Roger Gary.

They’re gearing up for a sprint of a race that could be over in a matter of weeks. The candidates are waiting for the Texas governor to set the date for a special election to fill Villarreal’s seat.

Villarreal announced he’s running for mayor after Julián Castro stepped down to become secretary of Housing and Urban Development in Washington.

“We expect it to happen at the very end of this year or the first month of next year,” Bernal said of the special election.

See here and here for the background. There has been a bit of chatter that Villarreal would back out of the Mayoral race since Leticia Van de Putte jumped in, fueled by Villarreal’s not-quite-a-resignation letter that may have left him some wiggle room. Villarreal insists he is staying the course, and neither I nor these candidates have any reason to doubt him. As I have said before, Bernal starts out as my favorite in this race.

Meanwhile, speaking of LVdP, Express-News columnist Gilbert Garcia asks what qualities the voters in SD26 might want in her successor.

In recent weeks, we’ve heard a lot about the virtues of nonpartisanship. Mike Villarreal has made it one of the centerpieces of his mayoral campaign, and former Councilman Walter Martinez — who is one of the candidates vying for Villarreal’s seat in the Texas House — has also talked about its importance.

Given that Democrats will be badly outnumbered in a Patrick-controlled Senate, however, this is a question that lurks in the shadows of the special election to succeed outgoing Sen. Leticia Van de Putte: Is nonpartisanship possible — or even advisable — for her would-be successor?

Keep in mind that Senate District 26 is overwhelmingly Democratic. In 2012, Barack Obama took 62 percent of the vote in SD 26, even while he could only muster 41.4 percent statewide. The great majority of the district’s constituents oppose Patrick’s agenda.

The contenders for Van de Putte’s seat are Trey Martinez Fischer and José Menéndez, two San Antonio Democratic representatives born a year apart (Martinez Fischer is 44, and Menéndez is 45) who were Texas House freshman classmates in 2001. Martinez Fischer is the Democrats’ voluble happy warrior, while Menéndez is the measured, behind-the-scenes conciliator rarely on the front lines of a partisan battle.

Martinez Fischer told me last week that he considers himself able to adapt to different legislative conditions.

In 2011, when partisan bickering was the order of the day and Republicans slashed education funding by $5.4 billion, Martinez Fischer dipped into his bag of parliamentary tricks with points of order designed to slow the onslaught. In 2013, when a spirit of compromise emerged, he played a key negotiating role in the restoration of $3.9 billion in education funds.

“Our job is to do whatever is best for the entire state,” Martinez Fischer said. “But I’m not going to be a Pollyanna about it. We find ourselves in some very divisive and partisan times and people have to know that there are lawmakers out there fighting day and night to represent their views.”

See here for the background. All due respect to Rep. Menendez, but TMF starts out as my favorite in this race. Unlike the one in HD123, this election would not occur until later in the year, most likely in November. Expect this debate to go on for quite some time, and keep an eye out for what these two Reps do during the legislative session to either advance this narrative or show another side to their character and abilities.

Posted in: Election 2015.

Appraisal caps back on the agenda

The idea will never die, unfortunately. No matter what the effects are.

BagOfMoney

Local officials in the Houston area say they are concerned that incoming state leaders will push for tax relief measures that could limit their ability to meet the needs of fast-growing urban and suburban areas.

Gov.-elect Greg Abbott has spoken of “looking at ways that we can try to provide some level of tax relief,” and it was also a key platform of the incoming lieutenant governor, Dan Patrick. With rising assessments driving up tax bills in many suburban counties, some lawmakers have proposed reining in such increases. Proposals include making it easier for residents to call a tax rate election when property tax revenue comes in high to lowering the cap on taxable home values.

Harris County Judge Ed Emmett said he is concerned about state lawmakers potentially tying the hands of county officials to set tax policy and provide adequate services.

“If you lower property taxes, someone is going to have to tell counties like Harris what services you don’t want anymore, because we’re barely funding our mandated duties as is,” Emmett said.

[...]

Other proposals submitted so far in early bill filings for 2015 include hiring county-level tax experts, lowering the appraisal cap from 10 percent, expanding exemptions, capping revenue growth based on a formula that considers population and inflation, and abolishing property taxes altogether, replacing them with a modified sales tax.

“The devil is in the details,” said Fort Bend County Judge Bob Hebert. “Depending on how they cap it, it could shut down how Fort Bend serves the county. I think there’s a reasonable solution to it if we get everyone to be reasonable.”

Bennett Sandlin, executive director of the Texas Municipal League, agreed that some of the proposals could provide taxpayers with relief without crippling the budgets and autonomy of local leaders.

“We’re always open to the idea of appraisal reform, but we’re not fans of the revenue-capping idea,” Sandlin said. “The revenue cap takes discretion away from the governments closest to the people. It’s the state saying, ‘We know what’s best.’ ”

If the Legislature actually cared about making the appraisal system better and fairer and more equitable, there’s lots they could do to make that happen. That’s not what they’re interested in, of course. It’s the usual wingnut wish list of cutting taxes for the wealthy and limiting spending for no good reason. You’d think these legislative Republicans would be leery about making Texas be like California, but irony died a long time ago and left no successor.

Besides, it’s not like there aren’t other ways to arbitrarily limit spending.

The Legislative Budget Board voted unanimously Monday to set the state’s growth rate at 11.68 percent for its 2016-17 budget, about 1 percent higher than the spending cap for the current budget.

The decision comes as state officials expect to enter the next legislative session in January with a multibillion-dollar surplus and competing factions push to ramp spending growth both down and up.

The budget board — made up of Lt. Gov. David Dewhurst, House Speaker Joe Straus, and four members each of the state House and Senate — selected the rate with little discussion, though the decision could have a big impact on next year’s legislative session.

The growth rate guides how far the next budget can exceed the current one in spending on “nondedicated revenue,” which are the parts of the budget that are funded by state taxes but not required to go to specific programs. In practice, the growth rate puts a spending cap on less than half of the state’s two-year budget. State leaders have indicated they have no plans to attempt to “bust the spending cap” next year, a move that would require the support of a majority of lawmakers.

That 11.68 percent growth rate was the low end of the range. Moody’s pegged the state’s growth rate at over 15 percent. Ah, but what do those private sector yahoos know about anything, am I right?

Posted in: That's our Lege.

A chance to help the sobering center

It’s a good cause.

When the Houston Recovery Center turns to the public in coming months for the first time and asks for help, the request will likely seem small and perhaps odd: The city-backed sobering unit wants to raise funds to pay two van drivers.

But it’s a request that says a lot about the direction of the center, a place for those whose only crime is public intoxication and who, a year and a half ago, would have gone to jail. The center offers a place to sober up with medical supervision and get help with addiction.

The vans are part of what substance abuse professionals call the “warm handoff” principle, the idea that a person who agrees to get help should be quickly shepherded to a detox or treatment center, whatever the next step might be, without pause and with the help of a familiar face. It’s a critical decision easily derailed.

“It’s huge,” Houston Recovery Center director Leonard Kincaid said. “For that moment, you have them. It’s this window of opportunity and you have to do everything right.”

And so the center will make its first donation call for about $320,000 to cover drivers, maintenance, insurance and gas for two vans that will transport clients to medical and social services 24/7. Adding the van service would mark a significant milestone in what staff says is an effort to expand the reach of the over-night sobering center the city opened in spring 2013 to reduce jail crowding and free up police officers.

[...]

Seeing the daily need for addiction services in the city, Kincaid said, has inspired the center to try to offer more long-term care; there are 369,000 people age 12 and older with substance disorders in Houston and fewer than 10 percent currently have access to treatment, according to the most recent National Survey on Substance Abuse and Health.

The center’s 18-month treatment program, for those with addiction, is tracking about 150 people through recovery. Of those enrolled in the program, 87 percent are homeless.

“The responsibility and the burden is becoming very real for us,” Kincaid said.

See here, here, and here for the background. By all accounts, the sobering center has been a welcome addition to the landscape, and clearly there’s no shortage of need for it. To a large degree, you can’t deal with homelessness without also dealing with addiction. We need to make sure the center gets the funding it requires to keep doing what it does and do as much of it as it can.

Posted in: Elsewhere in Houston.

Abbott files his suit

As expected.

JustSayNo

Leading a 17-state charge up a steep legal hill, Attorney General and soon-to-be-Gov. Greg Abbott Wednesday filed a federal lawsuit challenging the Obama administration’s moves to expand legal protections for undocumented immigrants.

The lawsuit, the 31st Abbott has filed against the Obama administration during his 12-year tenure, fulfills his gubernatorial campaign pledge to challenge President Barack Obama’s executive action to protect up to 5 million undocumented immigrants from the threat of immediate deportation.

“Article 2, Second 3 was added to the Constitution to prevent this very type of conduct by a President,” Abbott said at a press conference announcing the suit, which was joined by 16 other states. “The president’s executive order and actions of federal agencies to implement the executive order directly violate a promise to the American people.”

Legal and political experts said they were skeptical of the suit’s legal underpinnings.

“It’s ill advised, I don’t think he has standing, he gets the basic terminology wrong and he protests too much when he says he’s not politicizing it, because all of it is simply about the politics of it,” said Michael Olivas, an immigration lawyer and professor at the University of Houston. “He characterizes what the president did as an executive order — it is not an executive order. It’s executive action.”

Filed in the Southern District of Texas, the suit argues Obama’s actions are unconstitutional and violate the federal Administrative Procedure Act. It also argues that the president’s order will “exacerbate” the border crisis and force states to spend more on law enforcement, health care and education.

The suit does not ask for a restraining order to immediately halt the changes, but does request that they be declared illegal.

A copy of the lawsuit is here. How do we know this is all about politics? Every single state in those 17 has a Republican governor, including several that have very small immigrant populations and thus have no credible claim to being “damaged” in some sense by this. Immigration attorneys were not impressed.

“This is completely political theater,” said Robert Loughran, an Austin immigration lawyer. “The lawsuit fails both on procedural grounds and on the merits.”

David Leopold, a former national president of the American Immigration Lawyers Association, called President Barack Obama’s executive action “absolutely solid” and predicted Abbott’s lawsuit eventually will fail in court.

“It’s a frivolous complaint, not a serious lawsuit. It’ll be dismissed,” he said. “I don’t see any merits to this lawsuit at all.”

Of course, Abbott isn’t trying to impress the experts here. He’s playing his own game. Oh, and for you fans of irony, this happened on the same day that Rick Perry issued an executive order requiring all state agencies to use the federal E-Verify system, which back in 2010 he said would not “make a hill’s beans of difference” when it comes to what’s happening in America. So, you know.

One more thing, regarding the politics of this, from this AP story in the Chron.

Meanwhile, the executive director of a Hispanic engagement nonprofit said the states involved with the lawsuit “have listened to a right-wing, xenophobic faction of their party” and are “on the wrong side of history.”

“We’ve seen that Latinos, overwhelmingly, are united in support of the president’s actions,” said Arturo Carmona, head of Presente.org, which has more than 300,000 members. “Republicans will suffer the consequences in November 2016.”

I sure hope so. Trail Blazers and Unfair Park have more.

Posted in: La Migra, Legal matters.

Whining about the fracking ban

These guys just can’t believe they lost.

Did college students tilt the outcome of Denton’s vote to ban hydraulic fracturing?

That question has stirred debate since the city – home to the University of North Texas and Texas Woman’s University – became the first in Texas to ban the oilfield technique that sparked a drilling boom and spawned tension in some urban areas.

Overall, the vote wasn’t close. Nearly 59 percent of voters supported the ban, even though its opponents – buoyed by contributions from energy companies – spent far more money. That margin, the ban’s supporters say, amounted to a mandate.

But ban opponents (meaning supporters of fracking) argue that college students disproportionately affected the vote, effectively drowning out Denton’s permanent residents – particularly those living alongside natural gas wells.

“The election returns clearly show the permanent residents of Denton favor property owner rights, economic benefits from responsible drilling and American energy independence while our city’s college students did not,” Bobby Jones, treasurer of anti-ban group Denton Taxpayers for a Strong Economy, said three days after the election.

The ban’s supporters reject that narrative.

“They’re treating a whole group of people as if their votes don’t count as much as other people,” said Adam Briggle, a board member of Frack Free Denton, a group pushing the ban. “My second reaction is, it’s wildly inaccurate.”

See here for the background. The Trib does some number-crunching to show that the pro-frackers’s complaints are largely without merit, but let’s be clear. This is about denigrating the value of the students’ votes, making it seem like their votes don’t, or shouldn’t, count as much as other votes. There’s a reason why student IDs were not deemed acceptable for voter ID purposes. It won’t matter for the purposes of the litigation that’s already been filed, but it is of a piece. Some people’s votes count more than others, and when those others help swing an election, the first reaction in some (Republican) quarters is to de-legitimize those votes. It’s the reality we live in these days, and it’s going to take a lot of effort, and electoral victories, to change that.

Posted in: Election 2014.

What will the clerks do?

Some of Texas’ county clerks are making plans to accommodate same-sex marriage license applicants in the event that federal judge Orlando Garcia lifts the stay on his ruling that tossed out the state’s ban on same-sex nuptials. Some other clerks are planning to be jerks about it.

RedEquality

Jeff Nicholson, chief deputy for Tarrant County Clerk Mary Louise Garcia, a Republican, said Tuesday he consulted with the DA’s office about the issue after receiving an inquiry from a citizen.

“They advised us very explicitly that the lifting of the stay by Garcia in San Antonio, which is a different district than the one we’re in, doesn’t have any effect on us,” Nicholson told the Observer. “I think the DA’s position is here, until this is very clearly decided, that Texas law is Texas law, and we’re going to sit tight.”

Ken Upton, Dallas-based senior counsel at the LGBT civil rights group Lambda Legal, said clerks in other states, including Kansas and Missouri, have taken similar positions.

“I don’t think there is anything keeping them from issuing the licenses once the stay is lifted, but an argument could be made that they aren’t required to do so until it [the outcome of the case] becomes final,” Upton said.

Ken Upton is nicer about this than I would be. I think that’s a chickenshit move, and I’d be happy to see any clerk that refused to follow the law get slapped with a contempt of court charge. Judge Garcia’s ruling invalidated a provision of the state constitution, which last I checked applied to all of the state. And why are they consulting with the DA’s office? Are there no qualified civil attorneys available to advise the Tarrant County Clerk? Sheesh.

Fortunately, same-sex couples from Fort Worth will be able to obtain licenses in Dallas, where Democratic clerk John Warren said he’s prepared to issue them.

“You take an oath to uphold the law, and if the law changes, you’ve got to do it,” Warren said. “If the law says I can’t, then I won’t. If the law says I can, then I will.”

Republican Bexar County Clerk Gerhard C. “Gerry” Rickhoff said in addition to keeping his office open ’round-the-clock, he’s considering setting up tables in Main Plaza to accommodate same-sex couples. Rickhoff said he’s also lined up district judges to waive a 72-hour waiting period before ceremonies can occur, as well as officiants to conduct them.

“There’s a pent-up demand to stop these civil rights violations that are pretty evident,” Rickhoff said. “I would imagine they’ll be driving into San Antonio in droves, and that’s what we’re prepared for. Nobody will be turned away. We’ll work until there’s nobody left.”

Democratic Travis County Clerk Dana DeBeauvoir said her office will also be ready to extend its hours if Garcia lifts the stay.

DeBeauvoir said she’s also prepared to “flip the switch” on changes to a database that would replace “bride” and “groom” with “Person 1” and “Person 2.”

Now that’s the way you do it. Harris County Clerk Stan Stanart says he’ll ask the AG’s office for advice and will do what they tell him, which is slightly less weaselly than Tarrant County Clerk Garcia. I don’t know what Judge Garcia will say or when he might say it, but this is coming whether some squeamish bureaucrats are ready for it or not. Those that aren’t need to grow up and get with the program or get out of office.

Posted in: Legal matters.

Texas blog roundup for the week of December 1

The Texas Progressive Alliance is back from its tryptophan vacation as it brings you this week’s roundup.

Continue reading →

Posted in: Blog stuff.

It’s still not Medicaid expansion

The Legislature may do something that could sort of be called “Medicaid expansion”, if only for lack of a better term, but we would all do well to remain deeply skeptical of what they might consider.

It's constitutional - deal with it

It’s constitutional – deal with it

The once taboo subject of expanding Medicaid in Texas has been broached in recent weeks by some Republicans and GOP-friendly organizations, as the Legislature prepares to reconvene early next year.

[...]

In 2013, state Rep. John Zerwas, R-Richmond, wanted to use federal dollars and a Medicaid waiver to create a new insurance program for poor Texans, but he was never able to build much support among his Republican colleagues.

“Last time, everybody was pretty reactionary,” said Zerwas, a physician. “We were playing defense.”

But with Perry leaving office in January and a new legislative session set to begin, Zerwas and his allies once again are pushing for a new program.

The difference this time is the dialogue is more thoughtful and the effort is more organized, he said.

Zerwas and other legislators had the chance after the 2013 session to go back to their districts and listen to their constituents. Many expressed interest in insuring people who can’t get coverage under the new law, he said, but many more have indicated that they want to see the already stressed, safety-net hospitals get some relief from being forced to care for so many uninsured people.

Gov.-elect Greg Abbott said on the campaign trail that he opposed Medicaid expansion, but spoke of seeking a block grant from the federal government to reform Medicaid in the state, echoing some other Texas Republicans.

The words “block grant” are your first clue that despite the sincere words of people like Rep. Zerwas, this is the same old song and dance with some fresh wrapping paper on it. Block grants are a shibboleth and a mirage. The Bush administration refused to grant waivers to allow for these things. President Obama will nominate Ted Cruz to be its next Attorney General before his administration will consent to block grants for Texas.

The Texas Association of Business, an influential group with close friends in the Republican Party, has come out again in support of expanding Medicaid, just as it did in 2013.

Bill Hammond, president of the organization, said it will take a “massive effort” in 2015 to increase coverage for Texans, but it’s a fight he is willing to take on.

“It just makes sense for us from the business perspective,” he said.

[...]

Dan Stultz, president and CEO of the Texas Hospital Association, said in a presentation that hospitals need meaningful coverage expansion.

Stultz told the Associated Press earlier this year that hospitals agree with Perry that the Medicaid program is “severely flawed,” but he also said that “without the Medicaid expansion, many will remain uninsured, seeking care in emergency rooms, shifting costs to the privately insured and increasing uncompensated care to health care providers.”

The Texas Medical Association, one of the most powerful lobbies in state government, also supports allowing state leaders to work with the federal Centers for Medicare and Medicaid Services to come up with a solution that fits Texas’ health care needs.

The association’s leaders are pushing the Legislature to create a concept, as it says on the group’s website, that “works for the state and helps Texans in the coverage gap get affordable and timely care.”

The “support” these organizations have for Medicaid expansion doesn’t extend to supporting candidates that support Medicaid expansion, of course. In that way, it’s like their support of immigration reform. Fill in your own definition of insanity, and go search healthcare.gov for insurance policies that would cover that affliction.

Be all that as it may, we now have an interim report with recommendations on the subject.

Texas should pursue a waiver from the federal government for more flexibility to administer Medicaid, heighten the “visibility” of the state’s mental health programs to “ensure adequate leadership and accountability” and consolidate its three major women’s health programs, the Senate Committee on Health and Human Services said Monday.

In a lengthy report, the interim committee released its recommendations for the 2015 legislative session, addressing charges from outgoing Lt. Gov. David Dewhurst to expand access to women’s healthcare, improve the state’s mental health services, stop prescription drug abuse, and provide affordable care options for the state’s uninsured — all under the constraints of a fiscally conservative budget.

[...]

Among the report’s other recommendations:

Texas should not expand Medicaid to cover low-income adults, a key tenet of federal health law. Lawmakers should, however, seek to renew the “transformational” Medicaid waiver that, among other things, helps reimburse hospitals for the emergency care they provide to the uninsured. Notably, the report does not rule out pursuing a transformational waiver like the one the feds approved in Arkansas, which provided for a private health coverage expansion to low-income people using the Medicaid expansion dollars made available under the Affordable Care Act.

See here for some background, and here for a copy of the report. Rather than get distracted by shiny objects, read these two paragraphs from page 23:

The state’s first order of business must be to repair this broken Medicaid system and bring these costs under control. By enacting common-sense reforms such as cost sharing, health savings accounts, variable benefit packages, and high-deductible emergency care plans, Texas can reform its Medicaid program in a way which contains costs, encourages personal responsibility, and lessens the burden of providing uncompensated care.

Unfortunately, most of these innovative solutions are not able to be implemented under the strict Medicaid guidelines imposed by the federal government. By receiving a federal waiver from these restrictions, Texas can finally have the flexibility it needs to design a sustainable and cost-effective Medicaid program that is appropriate for the citizens it serves and accountable to taxpayers.

Like I said, let’s keep our eyes on the ball. The feds have been making noise about that “transformational” waiver not being a guarantee if Medicaid isn’t expanded in some acceptable form. What “acceptable” looks like is the hundred billion dollar question. The feds have been fairly accommodating to recalcitrant states, but there’s only so far they’ll go. Block grants ain’t happening, and those pet rocks masquerading as “common sense reforms” are more smoke than substance. Texas is going to have to give something to get something, and I’ll believe that will happen when I see it. A press release from Sen. Charles Schwertner, the chair of the HHS committee, is here, and Texans Together has more.

Posted in: That's our Lege.

Denton responds to fracking ban lawsuit

Game on.

One day before its first-in-Texas ban on hydraulic fracturing is set to take effect, Denton called the oil and gas extraction technique a “public nuisance” that the North Texas town has the right to regulate.

“Those activities have caused conditions that are subversive of public order and constitute an obstruction of public rights of the community as a whole,” Denton’s attorneys wrote in a legal brief filed Monday. “Such conditions include, but are not limited to, noise, increased heavy truck traffic, liquid spills, vibrations and other offensive results.”

The argument came in the city’s two-page response to a lawsuit filed by the Texas Oil and Gas Association just hours after Denton voters overwhelmingly approved a ban on hydraulic fracturing – widely known as fracking – on election night Nov. 4.

Texas’ largest petroleum group is asking a Denton County district court to declare the ban invalid and unenforceable, saying it infringes on the state’s right to regulate drilling – and mineral owners’ right to develop their resources.

[...]

In its response, Denton said the petroleum group did not identify specific state regulations that make its ban unconstitutional.

“The suit is premised on the [Railroad Commission of Texas] completely occupying the field of regulation,” said Jim Bradbury, a Fort Worth-based lawyer who focuses on environmental and energy issues. “Denton is rightly seeking to have them identify the actual regulations that supposedly occupy the field.”

See here for the background. That was written Monday – the ban went into effect yesterday, and as far as I could tell from a news search last night, has not been enjoined by a judge. Denton’s response to the TXOGA lawsuit is here. There was apparently a second suit filed by the General Land Office (GLO press release here) at the same time, alleging that the Denton ban prevents the GLO from performing its constitutional duty to maximize revenues from leasing public school lands; Denton’s response to that suit is here. I’m not a lawyer and I’m not going to try to evaluate the merits of these claims, I’m just looking forward to seeing what the courts do with them.

Posted in: Legal matters.

Re-redistricting HISD

Well, this would be different.

HISD Redistricting Plan

The Houston school board would grow from nine elected trustees to 17 under a bill filed by state Rep. Senfronia Thompson, who said she wants to give residents of the former North Forest school district increased representation.

The Houston Independent School District took over the northeast Houston district in 2013 under orders from the Texas Education Agency. The seven-member elected North Forest school board dissolved, and HISD absorbed the schools and students.

In September, the HISD board approved a redistricting plan to even out the population of the nine trustee districts in light of the new North Forest residents. But that move wasn’t enough, according to Thompson.

“Following the closure of North Forest ISD and the realignment of about 53,000 residents, many of my constituents feel that each school board district is so large that they have little or no say on any of the board’s decision-making process,” Thompson, D-Houston, said in a statement. “This bill will provide an opportunity for the North Forest community to have a stronger voice on the HISD school board.”

The nine HISD districts range in size from about 146,500 residents to nearly 156,300.

Under Thompson’s bill, which would apply only to HISD, the 17 trustees would represent about 77,200 people each.

See here and here for the background. Rep. Thompson’s bill is HB289. I will let this post serve as my biennial plea to everyone that writes anything about the Legislature to please always include bill numbers in those stories. This one was easy enough to find – it’s the pre-filing season, so Rep. Thompson had only one page of bills to her name, and the caption was recognizable – but that isn’t always the case. Please don’t make me curse your ancestry this spring. Include bill numbers. It’s the right thing to do.

Anyway. I doubt this will go anywhere, and I’m not sure how I’d feel about it if it did. I get the complaint, I’m just not sure this is the right answer. But we’ll see. Rep. Thompson can be very persuasive, so I wouldn’t count this out.

Posted in: School days.

Searching the couch cushions for loose change

That’s basically what this is.

BagOfMoney

To say the city of Houston is working to cut a looming $120 million budget deficit one color copy at a time would not be accurate. It’s more like millions of color copies.

Cellphones no one is using, old cars no one is driving, a 50-step process for approving fire alarm permits no one can explain – these are the targets and triumphs of a small team of efficiency experts tasked with burrowing into mounds of data and analyzing city operations to find savings.

While city leaders are looking at some painful ways to close next year’s massive deficit – pension reform, layoffs, cuts in service – the six members of the Lean Six Sigma squad have generated $25 million in savings and better processes in three years, showing there are easier ways to cut.

Next on the list? Perhaps an email to the sixth floor of the Houston Fire Department headquarters at 600 Jefferson. The shared printer there spit out 32,519 color pages in September, the most of any of the city’s networked printers. About 81 percent of the machines’ pages printed in color, nine times the citywide average.

It may sound like small ball, but given the size of city operations – 55 million pages are printed each year – the potential savings can add up quickly.

Finance director Kelly Dowe, who formed the Lean Six Sigma team in May 2011, said the group – named for decades-old problem-solving methods that began in manufacturing – has a broad focus, targeting everything from shortening the time it takes to hire city workers to helping pollution and restaurant inspectors plan better daily routes.

I don’t want to denigrate or belittle this in any way. It’s a valiant and necessary effort, it will achieve real savings, and it will make government work better. These are all very good things. What I do want to do is disabuse anyone of the notion that there’s more of this that can be done to close the rest of the budget gap. In the best case scenario, Dowe’s efforts might shave five percent or so off that projected $120 million deficit. That’s real money, but it’s nowhere close to a solution. The rest of the way there is a lot harder, with the choices a lot less pleasant.

The other point that needs to be made is that we need this level of scrutiny on the whole budget, including the public safety budget. As far as I can tell, that part of the budget has been walled off and the only thing one can do with it is propose to spend more. That’s not something I will accept, certainly not until my questions about HPD’s operations are answered. I’ve said before and I’ll say again, I’m willing to accept the possibility that we really do need to spend more on public safety to get what we want out of it. (Body cameras, for example, I’d absolutely support spending on.) But I want to see the numbers first. I want to know what what we’re spending our money on now is the best and most efficient use of it. Show me we’re putting the same effort into critically examining the public safety budget, and then we can talk. Along the way, we might also make some more progress on that deficit.

Posted in: Local politics.

A look at how Democratic legislative challengers did against the spread

It’s been long enough since the election that I feel like I can go back and look at some numbers. Not a whole lot of good out there, but we’ll try to learn what we can. To start off, here are all of the Democratic non-incumbent candidates for the State House and a comparison of their vote total and percentage to those of Bill White and Linda Chavez-Thompson from 2010:

Dist Candidate Votes White LCT Cand% White% LCT% ============================================================ 014 Metscher 6,353 9,980 7,540 28.5 36.3 27.8 016 Hayles 4,744 8,490 5,995 13.6 22.5 15.9 017 Banks 12,437 17,249 12,852 35.4 43.3 32.8 020 Wyman 10,871 15,512 11,232 22.7 31.4 22.9 021 Bruney 9,736 13,174 10,499 25.6 31.3 25.3 023 Criss 14,716 19,224 15,866 45.4 50.1 41.8 026 Paaso 11,074 16,104 12,290 30.3 37.0 28.4 043 Gonzalez 10,847 14,049 12,635 38.6 45.8 41.7 044 Bohmfalk 9,796 13,369 9,847 24.3 32.1 23.7 052 Osborn 12,433 12,896 10,539 38.5 39.4 32.4 058 Kauffman 6,530 10,672 6,913 19.5 29.0 18.9 061 Britt 7,451 10,103 6,725 17.0 23.4 15.6 063 Moran 9,016 10,797 8,107 22.7 27.4 20.6 064 Lyons 12,578 12,238 9,722 33.8 38.0 30.3 065 Mendoza 10,419 10,926 8,921 35.7 37.3 30.5 083 Tarbox 6,218 9,664 6,250 18.7 25.9 16.8 084 Tishler 6,336 9,444 6,969 27.3 33.7 24.9 085 Drabek 9,628 14,460 10,758 33.4 44.8 33.6 087 Bosquez 3,656 6,945 4,736 15.6 25.4 17.4 089 Karmally 11,105 11,192 8,925 28.4 31.7 25.4 091 Ragan 9,346 10,214 8,039 28.2 32.2 25.4 092 Penney 12,553 12,374 10,020 36.4 35.7 29.0 094 Ballweg 16,461 14,852 12,247 40.5 37.1 30.7 102 Clayton 12,234 15,709 12,110 37.5 44.1 34.3 105 Motley 10,469 11,766 9,793 42.7 43.8 36.7 106 Osterholt 9,586 9,112 7,212 27.5 30.1 23.8 107 Donovan 13,803 14,878 11,936 45.0 46.3 37.5 108 Bailey 16,170 17,401 12,859 39.3 42.0 31.3 113 Whitley 12,044 13,483 11,575 40.6 44.8 38.7 115 Stafford 11,761 12,428 9,955 39.5 39.8 32.0 129 Gay 12,519 17,441 12,896 32.2 37.5 28.0 132 Lopez 10,504 12,016 9,677 33.8 37.9 30.8 133 Nicol 11,728 19,800 12,595 25.4 35.7 22.9 134 Ruff 20,312 31,553 21,380 38.8 51.0 35.1 135 Abbas 10,162 13,971 11,005 34.1 39.6 31.4 136 Bucy 15,800 14,742 12,031 41.1 39.7 32.6 138 Vernon 8,747 12,918 9,878 33.2 40.5 31.2 150 Perez 10,317 13,086 9,829 26.8 31.0 23.4

The most encouraging numbers come from Williamson and Tarrant Counties. I discussed the race in HD94 before the election, where the combination of Wendy Davis’ presence on the ballot plus the outsized wingnuttery of Republican candidate Tony Tinderholt helped boost the performance of Democratic challenger Cole Ballweg. Tina Penney, running in HD92 against freshman Jonathan Stickland, also benefited. We’ll want to see what the full comparisons for this year look like, but Tarrant Dems ought to look to those two districts for a place to try to make further gains in 2016.

Nearby in Denton County, Emy Lyons in HD64 and Lisa Osterholt in HD106 both exceeded Bill White’s vote total, though not his percentage. I don’t know offhand where those districts are relative to the city of Denton, but it wouldn’t surprise me if the fracking ban referendum helped them a bit. These results are a reminder of two things – the importance of local issues in engaging voters in off years, and that it’s not enough in places like Denton County to increase vote totals. You have to keep up with the overall population increase as well. Otherwise, you’re falling farther behind even as you move forward. I’ll give Sameena Karmally in Collin County’s HD89 a nod for a decent showing in that tough district as well, with the same caveat about keeping up with the overall growth.

In Williamson, John Bucy’s strong showing in HD136 against freshman Tony Dale should make it a top target for 2016. Bucy nearly equaled President Obama’s 41.2% in HD136 from 2012, so there’s plenty to build on there. Chris Osborn didn’t do too badly in HD52, either. Note that in each district, the Libertarian candidate scored around five points – 5.03% in HD52, and 4.70% in HD136 – so the win number in each of those districts could wind up being less than 48%.

Finally, in Dallas County, the Battleground-backed candidates all fell short, but generally didn’t do too badly, and they continue to offer the best pickup opportunities for continuously Republican-held seats in HDs 105, 107, and 113. An ambitious goal for the Presidential election year would be to win back HDs 117 and 144, and take over 105, 107, 113, and 136. With no statewide race above the level of Railroad Commissioner but Presidential year turnout – if we work at it – to make things more competitive, I see no reason not to view that as a starting point.

That’s not all we should focus on, of course – I agree with Campos that we should put a lot of effort into local race around the state, which in Harris County means finding and funding a challenger to County Commissioner Steve Radack. Frankly, we should be doing that in 2015 as well, in municipal and school board races. Maybe that will help some people understand that we hold elections in the other three years, too, and their participation in those elections is needed and would be appreciated. This is something we all can and should work on.

Posted in: Election 2014.

Charter review gets set

From Campos:

HoustonSeal

This Thursday, December 4 the City Council’s Ad Hoc Charter Review committee will meet and several members of Council want the following in BOLD discussed. I have added a few devil’s advocate observations. BTW: All members of City Council are on the committee. Here are proposed changes:

1. Authorize any item(s) acknowledged and advanced by at least six (6) Council Members to be placed on the Council Agenda for full Council consideration. I would like to be given an example of what items some Council members would want on the agenda. Why can’t they just ask the Mayor to put something on?

2. Authorize Executive Session meetings for City Council. This to me right off the bat doesn’t sound good. This doesn’t speak well of transparency in government. We have been doing OK without Executive Sessions. I don’t like the idea of trying to guess if deals were cut in closed session – if you know what I mean.

3. Change term limits to two four-year terms beginning with the 2015 City Election. I think if you want to change term limits, go get petitions and do it from the grass roots up. This is just pi__ing off some voters again and haven’t we done enough of that lately. Just go for broke and get signatures to do away with term limits – period.

4. Authorize the City to keep and invest excess revenue above the Rev Cap Spending Limits to be used exclusively to pay down the General Fund Debt. Now this one is going to need a lot of ‘splaining.

It is going to be interesting to see what the Mayoral candidates have to say about the proposals. Stay tuned!

Texpatriate was on this right before Thanksgiving. These ideas first came up last year, and I outlined my basic positions on them in October. I’d say Marc and Noah and I are broadly in agreement on the first three. The last one, as far as I can tell, is what I’d call “revenue cap lite”. The rationale for it is described in the comments to this post. What it means, more or less, is that if city revenue exceeds the stupid revenue cap for whatever the reason, then instead of forcing Council to pass a pointless tax cut, the revenue above the cap can be used to pay down debt. It’s superficially appealing in the same way that the revenue cap itself is superficially appealing, and if my only choices were this and the revenue cap as is, I’d choose this. The problem is that as with the cap itself, it substitutes slogans for discretion and imposes a priority (in this case, debt reduction) over everything else, in particular investment in infrastructure or other worthwhile possibilities. What if we wanted to spend the extra revenue we have this cycle on body cameras for HPD, as a for-instance? Sorry, no can do – it has to compete with everything else in the rest of the budget. Maybe debt reduction really is the best use for the bonus revenue we might have in a given year. If so, then let Council and/or the Mayor make the case for it, just like anything else. Last I checked, that was how representative democracy was supposed to work.

Anyway. Hard to know which if any of these proposals will have enough support to make it past the committee meeting stage, or if this will wind up being a lot of talk for no action. As Campos says, it will be interesting to see what the 87 and counting Mayoral candidates think about all of this. Texas Leftist has more.

Posted in: Local politics.

More concerns about the high speed rail route

Some people who live not far from me are not very happy about the high speed rail line possibly running through their neighborhood.

The prospect of a high-speed train crossing through First Ward into downtown Houston has residents scrambling to weigh in on the proposal.

“I’m completely opposed to this project. I believe we can work collaboratively, but I don’t think the infrastructure of our neighborhood should be destroyed,” says Alexandra Orzeck, whose home is next to existing rail right-of-way eyed as a potential route for Texas Central Railway’s “bullet train” between Houston and Dallas. Property she owns in Rice Military also could be impacted.

Many of her neighbors agreed during a recent meeting to discuss the project with TCR President Robert Eckels, who is a former Harris County judge and state legislator, and David Hagy, the company’s community outreach director.

[...]

Ideally, the train would enter Houston’s central business district and connect riders with other local transit, maybe even other high-speed routes. But the train route might end elsewhere, like on Loop 610 or even further out on Beltway 8, Eckels said. A draft environmental impact statement being devised now by the Federal Railroad Administration and Texas Department of Transportation will factor into those decisions.

[...]

Local neighborhoods are particularly concerned since the rail company would have eminent domain authority to acquire property needed to build the high-speed rail.

Over the past decade, First Ward has enjoyed a residential and artistic renaissance. New, multistory townhomes continue to wedge their way into the neighborhood, which has a recently designated historic district. The well-known Winter Street and Silver Street artist studios helped establish a state Cultural Arts District here. More studios are coming soon.

Stakeholders say one of two preferred routes for the TCR project could bisect the Washington Avenue corridor on existing rail lines, either on Winter Street or Girard, where rail right of way is squeezed to 50 feet in some place. TCR has said it needs 80 feet.

Local leaders hesitate to support the other preferred route, too, because it impacts Near Northside neighborhoods. TCR should continue to investigate a third route that follows the Hardy corridor into downtown, they said.

Similar concerns are expressed in this Leader News story. A route along the Hardy corridor would make a Woodlands station feasible, so the folks here will have at least one set of allies in that quest. As we’ve discussed before, these are the same issues that will have to be dealt with if a commuter rail line moves forward as well. Of course, commuter trains don’t move at 200 MPH, so there’s that. At the very least, you’d want to review the Super Neighborhood 22 transportation master plan from 2010 that called for putting the existing freight rail tracks in that corridor into a trench to avoid at grade street crossings. It should be noted that Tom Dornbusch, one of the architects of that study, doesn’t think trenching would be sufficient to accommodate the high speed line; among other things, the corridor is too narrow, by Texas Central Railway’s own design specs.

Eckels mentions other possible locations for the line’s terminal, but putting it downtown really needs to be the goal. Just from a connectivity perspective, it makes the most sense. If that makes a Woodlands-friendly I-45/Hardy Toll Road approach the best option, then so be it. Someone will need to convince TCR and the state and federal officials of that.

The process of drafting an environmental impact statement will require TCR to respond to concerns including social and cultural impacts.

The process has been extended to Jan. 9. First Ward residents are asking that the railway administration schedule a public meeting in Houston.

That sounds sensible to me. Give everyone who would be affected the chance to have their say.

Posted in: Planes, Trains, and Automobiles.

A “Mike Brown Law” for Houston

From the inbox:

COMMUNITY TOWN HALL 12/4 TO DEMAND MIKE BROWN LAW

HOUSTON- Hundreds plan to attend a town hall organized by Houston Justice, a grassroots activist group aimed at local criminal justice reform. The first goal is to pass necessary legislation to adopt the Mike Brown Law that requires body cams for on duty police officers in Houston. Houston Police Department Chief Charles McClelland has already come out in publicly in support of the measure (link to Houston Chronicle story), but with a $140 Million deficit looming at city hall, the group is proactively demanding commitment from Houston City Council.

“Recent events have caused an awakening in our community, our first goal is to pass the Mike Brown Law at Houston City Hall,” said Durrel Douglas, an activist with Houston Justice. “With our energy we will pass an ordinance funding mandatory body cams for police (petition here) and increase diversity on grand juries. We will balance the scales of justice in Harris County,” concluded Douglas. According to a recent Gallup Poll, 24% of African American males said they had been treated unfairly in dealings with police in the last 30 days.

The activist group is holding a town hall this Thursday where next steps will be planned and attendees will have an opportunity to voice their opinions, apply to be grand jurors in Harris County and register to vote.

TOWN HALL

Who: Houston Justice Coalition
What: Community Town Hall, Planning Session
When: Thursday, December 4, 2014 6:30 PM
Where: El Dorado Ballroom
2310 Elgin
Houston, Texas 77004

See these two posts for some background on HPD and body cameras, and this Chron story from last week for Chied McClelland’s most recent statement in support of them. McClelland has already made a request to Council for up to $8 million to buy and deploy these cameras. We need to determine a funding source for that and make it happen, and along the way we need to figure out what the rules will be for keeping and accessing the video footage they will generate. I kind of like the suggestion made in the comments here by Steven Houston to make it all (with some limited exceptions) publicly available. Whether that’s feasible or not, let’s move forward with this. There’s a lot to be done to ensure accountability and restore the faith of all of the public in police work, and this is a key first step.

UPDATE: Here’s a Chron story about another town hall event, which took place yesterday. I don’t think we can have too many of these right now.

Posted in: Crime and Punishment.

Kris Banks: Comparing turnout, or where the vote was lost

(Note: This is the first of two guest posts submitted by Kris Banks, past President of the Houston GLBT Political Caucus.)

Democrats lost big last month. We lost at every level, from statewide all the way down to the countywide candidates. Every challenger and every incumbent lost.

That first paragraph kind of defies the rules of journalism, I guess. You’re supposed to lead with the news. Not only does everyone know what I said above, but it’s not exactly a new experience for Harris County Democrats. We’ve lost all countywide races in nearly every single election since the 1990s. The only exceptions have been 2008 and 2012.

I lead with it because it was a fact that didn’t quite square with what I saw in my precinct when I looked at the canvass. I’m Democratic chair of Precinct 60, a square section in the southwest side of Montrose between Westheimer, Richmond, Mandell and Shepherd that votes at Sydney Lanier Middle School.

It’s a solid blue precinct, and this election was no different. Wendy Davis pulled in 67 percent of the vote. Every Democrat won Precinct 60, and nearly every Republican lost – with the exception of Ed Emmett, every Republican not contested by a Democrat was defeated by the Green Party candidate in Precinct 60.

None of that was unusual. What struck me was how many votes the Democrats were getting. I knew turnout would be down from 2012. I was hit with a pang of disappointment that it was also down from 2010. In 2010, 47.2 percent of registered voters in Precinct 60 cast their ballot. In 2014, that dropped to 43.2 percent. With all the excitement I was seeing in my community for Wendy Davis and the Democratic ticket, how did we lose turnout?

Then I started looking at the numbers, and I started comparing them to my 2010 canvass. The 2014 numbers looked bigger. In 2010, the average Democrat (I’ll explain the “average Democrat” concept shortly) pulled down 671 votes. In 2014, the average Democrat won 722 votes.

So how did turnout go down? Well, I took a look at the other side. In 2010, the average Republican picked up 328 votes in Precinct 60. In 2014? 257.

Democrats didn’t drop off in my precinct. They turned out stronger than the last midterm. All of the dropoff in turnout in Precinct 60 came from Republicans.

I wish I could say it’s because I’m a particularly good precinct chair. And, you know, maybe I am. But I could see the same thing happening around Montrose. So why didn’t we win countywide? We must have lost somewhere else, and big. Where?

I’ve long loved the maps that I see Greg Wythe and others put out, and wanted to be able to make them myself. So I headed down to the Harris County Tax Assessor-Collector’s Office, picked up a shape file, and determined I was going to teach myself how to make elections maps to answer these questions.

And here they are.

First, I wasn’t all that interested in Wendy Davis or anyone else statewide. No statewide candidate will ever win a statewide election in Texas until Harris County Democrats start winning midterms. So I needed to look at one number to figure out how Republicans did across the county. But I didn’t want to look at one race, because different dynamics might create skewed figures – for example, a candidate with a Hispanic surname might do unusually well in a majority Latino precinct.

So I took every Democrat running countywide, including the statewide, and made an average of their votes. Republicans were a little more difficult. Some of their numbers were much higher than other Republicans because they had no major party opposition. So to create the average Republican candidate, I took every countywide GOP candidate who was opposed by a Democrat.

The average Democrat got 298,145 votes in Harris County. The average Republican got 356,700.

The standard map you see has precincts colored red or blue as they were won, respectively, by Republicans and Democrats. The colors are shaded according to the margin of victory – dark red precincts are where the Republican picked up more than 70 percent of the vote, and pink ones are where the Republican won by just a hair.

Here’s that map for the average Democrat vs. the average Republican in Harris County in 2014:

Bam, and you now know nothing you didn’t know before. Democrats won African American, Latino and urban precincts, Republicans won the west side and suburbs. Some groundbreaking political analysis there. Move over, Bob Stein.

The main reason that map doesn’t matter is because it only tells you the strength of the vote in accordance to how big of a share each candidate got. That doesn’t mean much. Let’s say I’m a Democrat who wins Precinct A with 80 percent of the vote, but loses Precinct B with 40 percent of the vote. Things are looking pretty good until you find out that 200 voters turned out in Precinct A and 2,000 voters turned out in Precinct B. I’m now losing by 280 votes.

Let’s take a look at the average Republican vs. average Democrat map again. But this time, instead of the precincts shaded by the portion of the vote the winner got, they are shaded by the margin that the winner picked up there. For instance, for Precincts A and B above: the winner of Precinct A, me, got 160 votes there, and the Republican, my opponent, got 40. The margin I got there was therefore 120 votes. Not that many, so even though I won 80 percent, it would be light blue. In Precinct B, my opponent picked up 400 votes, so it would be a darker shade of red.

Here it is:

Democratic parts of the map are sky blue, for the most part. The darkest shade of blue only gets used four times, three in the south and once up north. Contrast that with the blood red sea in Cypress, Kingwood and Katy. Even the inside-the-Beltway Republican areas are darker than most Dem areas.

That’s how we lost 2014, by the numbers. The Republicans ran up bigger margins in precincts where they won. We won our areas like we always do. We carried some competitive precincts in the Southwest side of town. But the turnout just wasn’t there overall.

It’s important to put these maps in context. The best comparison to the 2014 election is the 2010 election. So how did we do in comparison to 2010?

Disclosure: In 2011, Harris County drew new precinct lines to fit redistricting. Most stayed the same, but 184 new precincts were created, which were carved out of old precincts. A perfect precinct-to-precinct comparison isn’t possible, therefore. What I did was figure out how the old 2010 precincts got carved up and apportion the 2010 votes according to the 2014 figures.

For example, Precinct 16 was cut into Precincts 16 and 890. In 2014, the average Democrats got 182 votes in Precinct 16 and 159 votes in Precinct 890. So, 53.4 percent of Democrats remained in Precinct 16, and the rest went to the new Precinct 890. To make the comparison, I split the 2010 vote accordingly. In 2010, the average Democrat got 314 votes in Precinct 16. So I put 53.4 percent – 168 votes – in Precinct 16 and the remainder, 146, in Precinct 890. End of disclosure; just wanted the reader to be aware that it’s not a perfect comparison.

So how did Democrats do in comparison to 2010? Here’s a map of where Democrats gained or lost a raw number of votes, with precincts where we gained colored blue (darker shades mean we gained more) and precincts where we lost votes colored red:

Not pretty. That is a rather pink map. In the vast majority of areas, especially in core Democratic areas, we lost votes. Sometimes a lot of votes. The few areas where we gained are no match for the areas where we lost.

So how did Republicans do? They won, so they must have done well, right? Here’s the flip side map for them:

Not exactly fields of crimson. In fact, the GOP map is bluer than the Democratic map is red.

Probably most interesting is the next map. It’s sort of a combo of the two. It compares the percentage of the change in votes from 2010 to 2014. In red precincts, the change was more positive for Republicans – in most cases, where the drop in Democratic votes was greater than the drop in Republican ones. Vice versa for blue precincts. The borders of the precincts are colored according to the 2014 winner of the precinct:

Big portions of this map look inverted from the first map above, especially in Republican areas. In 2010, the average Republican got 423,281 votes. That number dropped 15.7 percent in 2014. In 2010, the average Democrat got 333,021 votes. That number dropped 10.5 percent in 2014.

Republicans won all the races, but not because they did a better job. In fact, in comparison to 2010, they did worse.

But they still won, both in 2010 and 2014. If you’re trying to figure out where the Democrats truly lost, I think those numbers are important in context. But if you want to really understand it, you have to compare the numbers to a different situation – a situation where the Democrats won.

Let’s look at 2012. In 2012, the average Democrat got 568,317 votes, and the average Republican got 551,131.

It’s truly hard to compare 2012 and 2014 because of the disparities between a presidential election and a midterm election. As a diehard Democrat, I would love to be a visionary and an optimist and say that we shouldn’t throw our hands up in the air and say “A midterm election will never have the same turnout as a presidential one!,” never say never, all that B.S. The problem is that statement is true. It’s true across the country for red and blue states alike. Maybe not to the extent it’s true in Harris County, but it’s still true.

But both Republicans and Democrats dropped in every precinct. So we can compare how much they dropped. Here’s a map comparing 2012 and 2014 like the immediately one above, where the change in votes is compared. Red means Republicans had a smaller dropoff than Democrats, vice versa for blue.

There’s your crimson field.

Both Republicans and Democrats had big drop-offs. It’s just that while Republicans lost 35.3 percent of their vote, Democrats lost 47.5 percent.

Republicans didn’t do well in 2014. They actually lost more votes than the Democrats did from the prior midterm. But when no one turns anyone out, the Republicans win by default.

I’m going to look at persuadable voters and the base soon.

Posted in: Election 2014.

Here come the new ozone standards

I have three things to say about this.

Over the objections of Texas officials, the Obama administration on Wednesday proposed a long-delayed rule to slash levels of ozone – a smog-forming pollutant known to worsen asthma, lung disease and heart conditions.

The regulation is the latest example of the federal Environmental Protection Agency’s use of the Clean Air Act to crack down on the pollution wafting from factories, power plants and tailpipes.

“Bringing ozone pollution standards in line with the latest science will clean up our air, improve access to crucial air quality information and protect those most at risk,” Gina McCarthy, the EPA administrator, said in a statement. “Fulfilling the promise of the Clean Air Act has always been EPA’s responsibility.”

The agency plans to hold three public meetings and open up a 90-day commenting period before finalizing the rule by Oct. 1, 2015.

Bucking the scientific community’s consensus, Texas environmental regulators have suggested that the proposed limits on ozone — which forms when emissions from cars and coal plants mix with other airborne compounds in sunlight — may not improve public health. They have pushed back against any efforts to lower the standard, suggesting such a move would cost too much.

“I am disappointed, but not surprised, that the EPA has proposed these new, short-sighted regulations,” Bryan Shaw, chairman of the Texas Commission on Environmental Quality, said in a statement. “Environmental regulations should be based on good science, common sense and the certainty that they will achieve the stated health benefits. The EPA proposals fail miserably at meeting any of those metrics.”

[...]

Depending on the severity of their ozone problems, regions would have to meet the lower standards by anywhere from 2020 to 2037.

But scrubbing more ozone from the air — through extra pollution controls, air monitors and retrofitted industrial plants — could cost trillions nationwide, industry-funded studies have estimated.

“This new ozone regulation threatens to be the most expensive ever imposed on industry in America, and could jeopardize recent progress in manufacturing,” Jay Timmons, CEO of the National Association of Manufacturers, said in a statement.

Michael Honeycutt, the TCEQ’s chief toxicologist, is among those who question whether lowering ozone levels would improve public health.

“After an in-depth review of the EPA’s analysis, as well as a thorough study of the relevant scientific literature, the TCEQ has concluded that there will be little to no public health benefit from lowering the current [ozone] standard,” Honeycutt wrote in an article for the TCEQ’s October newsletter. “Why regulate something that is not really going to have a benefit?”

For instance, Honeycutt argues that ozone levels have gone down dramatically in the past two decades, but asthma diagnoses have gone up. In Texas hospitals, Honeycutt said, asthma diagnoses actually increase in the winter when ozone levels are relatively low.

Several other scientists who reviewed his article have called it a misleading effort to equate correlation and causation.

1. I’m sorry, but the TCEQ and the industries that it coddles have no credibility on this. Neither the public interest nor objective fact are the TCEQ’s concern. It may be that the EPA is being too aggressive in combating ozone, and it may be that the likely benefit of doing so is not worth what the cost will be. I’m not qualified to evaluate that. What I do know is that no one should take the TCEQ’s word for it.

2. Whichever standard is adopted – the more-lenient 65 to 70 parts per billion standard, or the stricter 60 parts per billion standard – achieving it is not going to be easy.

For Houston, once the nation’s smog capital, the announcement heralded a harsh reality: even after decades of efforts to scrub the lung-damaging pollutant from the sky, the city’s air is not clean enough to breathe safely and might never be.

“All the easy cuts have been made, and there are very few places we can go to make meaningful cuts,” said Taylor Landin, vice president of public policy for the Greater Houston Partnership, a business association. “From our perspective, it’s only fair that they would consider cost.”

[...]

For Houston to reach the proposed mark, air-quality experts said the state might need to impose tougher emissions limits for industrial permits and do more to replace older and dirtier diesel engines for trucks and cranes at the Port of Houston.

The proposed limit poses a daunting challenge for Houston, which is violating the current standard even as its best year for air quality draws to a close. The region is on track to finish 2014 at 80 parts per billion.

“To be effective, and meet this new standard, it will take great cost and effort to reduce emissions from every individual and business in the region,” said Craig Beskid, executive director of the East Harris County Manufacturers Association.

Even environmentalists questioned whether Houston can hit the proposed target. But they said the tougher rule is worthwhile because it would reduce ozone-forming pollution blowing into the region. The EPA estimates that on the region’s smoggiest days, 40 percent of its ozone forms naturally or blows in from faraway sources.

“Would it be possible for Houston in a vacuum? I’m not sure,” said Adrian Shelley, executive director of Air Alliance Houston, an advocacy group. “But it could be possible if the issue is tackled at a larger level.”

I’ve made this point before, but it’s worth repeating that there’s already a cost for the level of pollution that we have now. It’s just that the polluters themselves don’t bear the brunt of that cost – it gets passed on to the public, in a very uneven and unequal fashion. If the EPA’s regulations force the pollution producers to bear those costs, whether they pass them along or not that will be a more equitable situation. And it should be noted that in this case, the polluters includes everyone who drives. We are highly unlikely to meet any new standard without addressing vehicular emissions. That’s going to require some significant changes, and I don’t think we’re ready for that. Ready or not, it’s coming.

Texas Attorney General Greg Abbott, the incoming Texas governor, has sued the EPA at least 19 times. His office did not immediately respond to requests for comment.

3. Alas for Greg Abbott, these changes will not be implemented in time for him to be anything more than a cheerleader for another lawsuit. That will fall to Ken Paxton, assuming he hasn’t resigned in disgrace by the time a suit is ready to go. Not mentioned in that statistic above is Abbott’s won-lost record versus the EPA. I don’t have an exact figure, but I’m pretty sure he lost more than he won. I’d expect Paxton or whoever gets appointed to replace him to continue that tradition. The EDF has more.

Posted in: National news.

Voter ID plaintiffs want Fith Circuit to get on with it

Some more unfinished business for the courts.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Some plaintiffs challenging Texas’ voter ID law want a federal appeals court to speed up its consideration of the case, looking to sort it out before the next wave of elections in the state.

In a court document filed Wednesday, the plaintiffs note that 5th U.S. Circuit Court of Appeals has not yet set a schedule to hear the case, casting uncertainty over how much time its outcome will give municipalities to prepare for their elections in May.

“This Court should seek to resolve this appeal as promptly as possible in order to ensure that a constitutional system of voter identification is implemented for upcoming elections,” wrote the plaintiffs, which include U.S. Rep. Marc Veasey, D-Texas, and the League of United Latin American Citizens.

As you may recall, federal Judge Nelva Gonzales Ramos struck down Texas’ voter ID law in October, less than two weeks before early voting was to begin. The Fifth Circuit, subsequently backed by SCOTUS, stayed the ruling, which allowed voter ID to be implemented in November despite the judgment that it was unconstitutional. The justification for that was that election officials had been preparing for voter ID to be in place, and it would have been “too chaotic” to change direction at the last minute. Well, the next (non-special) election is in May, so there’s plenty of time to get this resolved before then…assuming the Fifth Circuit gets around to putting a date for the appellate hearing on the calendar. We know the Fifth Circuit has a lot on its plate right now, but that’s no reason to dawdle. Let’s get this show on the road.

Posted in: Legal matters.

Hempstead landfill fight goes to court

An update on a story I’ve been following for a few years.

StopHwy6Landfill

For the last two years, Waller County and the city of Hempstead have been pitted against each other in a high-profile legal battle over a proposed landfill in the city’s outskirts, a project many in the area see as both an economic and an environmental liability.

The proposed 250-acre Pintail Landfill has galvanized area residents and, in March 2013, prompted a lawsuit over the legality of the county’s agreement to allow the facility in an area just north of Hempstead, within the county’s borders. Since then, the case has been appealed numerous times – and its trial delayed accordingly – with the county submitting its most recent appeals just two weeks ago.

On Monday, the long-disputed case may finally go to trial.

“It’s going to be a real big trial for Waller County,” said County Commissioner John Amsler, who is named in the petition against the county but who opposed the landfill along with Commissioner Jeron Barnett. Amsler said he can’t remember any lawsuits of this magnitude in the county of more than 45,000 residents.

[...]

The trial, which is scheduled for Monday in retired state District Judge Terry Flenniken’s court, has been a long time coming, having been twice delayed from its original April date.

And although both the First Court of Appeals and the state Supreme Court denied Waller County’s most recent jurisdictional appeals in the final hours before the Thanksgiving holiday, it is still possible that the trial may be pushed back yet again.

James Allison, an attorney representing Waller County, cited outstanding questions about the county’s authority in Hempstead’s extraterritorial jurisdiction as the reason for the county’s most recent appeals. Friday, he reasserted the need for the trial to be postponed.

See here, here, and here for my earlier posts on this. This Chron story from August was about the judge denying a motion to move the trial elsewhere, and aiming for a November date to pick a jury. Close enough, I guess, assuming this doesn’t get delayed again. My sympathies are firmly with the plaintiffs here, for reasons stated in my previous posts. Landfills are yesterday’s solution. The goal should be for there to be no more need for them. The Citizens Against the Landfill in Hempstead website appears to be no longer active, and I couldn’t find a Facebook presence for them, but wherever they are, I’m with them. Good luck, y’all.

Posted in: Elsewhere in Houston, Legal matters.

Weekend link dump for November 30

So how many screens do you have going right now?

Some alternatives to Uber that are hopefully available in your town. Please come to Houston, Sidecar.

A review of the ways Major League Baseball is experimenting with to speed up the pace of the game.

Beware, Sherlock fans: “Tragedy” is coming to the show.

Learn to set your thermostat – or install a better one, if that’s an option – and save some money.

Did you see the special on mammoth cloning that premiered yesterday?

Greater availability of birth control, at affordable prices, would do an awful lot of good.

A fever may not be what you think it is.

RIP, Marion Barry, former Mayor of Washington, DC.

Clearly, Benghazi is old news now.

Happy 85th birthday to Hal Lindsey, who must be quite surprised to still be alive.

Americans love the Postal Service.

“Patients who suffer injuries, infections or mistakes during medical care rarely get an acknowledgment or apology, researchers at the Johns Hopkins University School of Medicine report.”

A Ferguson reader for your weekend.

From the “Better to remain silent and be thought a fool than to open your mouth and remove all doubt” department.

How cities and states can push back against predatory municipal finance deals.

Connecticut Gov. Wilbur L. Cross’ Thanksgiving proclamation from 1936.

“But living in a country that purports to value privacy and self-determination, yet wages a seemingly never-ending battle over contraceptive access, comprehensive sexual education, and the ability of women to access a legal health service should concern anyone who values making their own decisions—and who considers that part of their identity, too.”

“Rusty Eulberg, a database administrator from Lubbock, Texas, tells us he brought forth what he called the Cthurkey about two years ago.”

Ten strange facts about the Macy’s Thanksgiving Day Parade.

RIP, Phil Hughes, Australian cricket player, killed in a freak accident during a match.

RIP, PD James, acclaimed British crime novelist.

Where Was Republicans’ Concern for “Political Norms” When They Took the Debt Ceiling Hostage?

“You’re not the deadbeat. The Waltons are the deadbeats.”

“So, good news, Houston’s bad girls! If you want to live in a fancy house with a bunch of other ladies with hair-trigger tempers and low self-regard, here’s your chance!”

Deb Costello’s final thoughts are well worth your time to read.

Posted in: Blog stuff.

Obamacare 2.0

The open enrollment period for the Obamacare insurance exchanges is going on right now. This year, the feds are taking a more direct approach to getting people to enroll.

It's constitutional - deal with it

It’s constitutional – deal with it

Secretary for Health and Human Services Sylvia Burwell, whose appearance at Monday’s news conference [in San Antonio] is part of a national tour to talk up marketplace successes, reported that of those who signed up during the first enrollment period this year, 7 out of 10 had premiums under $100. Nationwide, 65% of applicants qualified for subsidies, she said. In Texas, 84% of Texans got financial help, according to the Center for Public Policy Priorities in Austin.

“We as a people have a moral obligation to see that everybody has access to quality and affordable health insurance,” said Mayor Ivy Taylor who joined Burwell at the news conference. “A community prospers when its citizens are healthy.”

Burwell urged people without insurance to visit HealthCare.gov, choose the best plan among many options, and sign up by Dec. 15 to have coverage starting Jan. 1. Enrollment for 2015 will remain open until Feb. 15.

To those who signed up last time, Burwell emphasized that even if they are happy with the plan they already have, they need to re-enroll. About 90% of the information entered last time will appear on the form so people don’t have to re-enter it. Burwell said it’s important to make sure the information remains accurate and that the plan individuals previously chose is still the best one to meet their needs; 25% more plans were added this time.

The Health Insurance Marketplace enrolled 734,000 Texans in 2014. Bexar County accounted for 77,000 of those newly insured, a number that far exceeded the goal of 46,000, which remains the goal for the current enrollment period. Bexar County Judge Nelson Wolff, in attendance on Monday, has helped lead this effort, but in Bexar County, 27% of the population remains uninsured. Of those, 75% identify themselves as Hispanic, according to Andrea Guajardo, speaking for Enroll SA, a coalition of 40 organizations and 176 trained volunteers in Bexar County trained to help people sign up for insurance.

Asked about HHS’s outreach to Hispanic uninsured residents, Burwell pointed to several initiatives.

  • Spanish language call service. “In the early days of enrollment, out of 200,000 calls to our call center, 20,000 were using our Spanish-speaking call service.”Burwell said.
  • Spanish language equivalent of HealthCare.gov: CuidadodeSalud.gov.
  • Increased the number of Spanish speakers providing in-person assistance to help with online sign-up.
  • Improved interface for mobile users. “The Latino population has a deeper penetration of mobile use than the population as a whole.”

“One of the things we learned from the initial enrollment was the importance of trusted voices,” Burwell said. “I’ve had a chance today to talk with the leadership of the community and the stakeholders about their work and to hear their feedback, so we can make things better.”

Secretary Burwell was in Houston the week before that.

With some 6 million Texans still uninsured, Burwell’s early appearance this go-round shows a renewed fight to increase the health care law’s impact in Texas, where the governor’s office has refused to create a state-run marketplace or accept billions of dollars in federal funding to expand Medicaid to extend coverage to millions more people.

State and local organizers say the first insurance sign-up period helped them become more organized and strategic as they prepared for the 2015 open enrollment period.

They intend to hold multiple enrollment events, provide additional one-on-one application assistance opportunities and include more grass roots organizations and community leaders in educating the uninsured about marketplace coverage. They have data showing where the uninsured live. The key is deploying the appropriate organizations and people to reach target areas and groups, including Hispanics and young people.

“We learned about the importance of follow-up and the need for a lot of outreach,” said Mimi Garcia, the Texas state director for Enroll America, a national insurance advocacy organization. “There’s a lot of work to do in Houston. That’s going to be a big focus area.”

Organizers learned from last year’s open enrollment that the more conversations they have with uninsured residents, the more likely they are to convince someone to buy health coverage, Garcia said by telephone from a conference in New Orleans. She said the goal is for people to view purchasing health insurance as routine a practice as paying taxes or auto insurance.

[...]

The state’s uninsured rate dropped about 2 percent this year, but Elena Marks, president and CEO of Houston’s Episcopal Health Foundation, a philanthropy that will fund health care providers, said many Texans gained employer-based insurance as the economy created more jobs.

In comparison, California’s uninsured rate dropped nearly in half, from 22 percent to a little less than 12 percent, in large part to the state’s decision to expand Medicaid coverage to cover more of its low-income, working residents.

Marks said it makes sense for Burwell and other officials to bypass Texas’ political leadership and instead work with local governments, agencies and organizations, including those in the Houston area, to find the uninsured and enroll them in health coverage.

“Having her show up brings attention to the issue,” said Marks, who also is a non-resident health care fellow at Rice University’s Baker Institute.

Marks, who did not attend Burwell’s news conference, said new carriers are making the Texas marketplace more competitive this year.

Risha Jones, deputy director of Houston’s Department of Health and Human Services, said her agency’s goal is to directly contact 100,000 uninsured residents and reach another 400,000 through community and educational outreach. She said federal officials recognize the Houston area needs assistance in reaching its uninsured residents and has pledged to help. They haven’t yet set an enrollment goal.

“They are making us a priority,” Jones said, who introduced Burwell at the news conference. “We’re on the radar.”

It was a nice surprise seeing my friend David Ortez in the story, as an example of someone who was able to get health insurance through the Affordable Care Act and the exchanges. Ortez is a recent law school graduate and one of many people under the age of 30 who stands to benefit from the ACA. There’s a separate effort to get those folks, known as the Young Invincibles, to enroll. Unlike last year with the healthcare.gov meltdown, the first week of the enrollment period saw half a million people sign up, with about that many fill out applications. About half of those enrollees are first-timers. It would be awesome if this year Texas could top the one million mark for coverage. Imagine what it could be if anyone in state leadership had any interest in helping make this happen. Daily Kos has more.

Posted in: The great state of Texas.

RIP, Father TJ Martinez

Some sad local news.

Father TJ Martinez

Father TJ Martinez seemed comfortable anywhere and with anyone. Raised in Brownsville and educated at some of America’s finest universities, he could charm princes of industry and encourage children born to paupers to study hard to make something of themselves and their community.

To greet first lady Laura Bush, he donned his familiar black jacket and Jesuit collar – but also a Texas-sized belt buckle.

Martinez, the charismatic founding president of Cristo Rey Jesuit College Preparatory High School in Houston, died Friday following an eight-month struggle with stomach cancer. He was 44.

[...]

Cristo Rey, the only school of its kind in Texas, opened its doors in August 2009 to children whose families lived at or below the poverty level.

In 2013, every member of the school’s first graduating class was accepted to college, a feat the 2014 class also achieved. Supporters tied the success to Martinez’s exuberance and effectiveness.

“In everything he touched, he was dedicated, passionate and, above all, inspirational,” said Richard Kinder, a friend of Martinez who with his wife, Nancy, has supported the school.

Kinder’s company, Kinder Morgan, is one of many corporations around Houston that has hired students to give them real-world skills as they prepare for college.

Students pay no tuition to attend Cristo Rey, but they work one or two days a week for one of 150 companies around Houston, with their salary going to the school to offset expenses.

Four students fill one entry-level job at the company, each working one day a week and rotating the fifth work day every four weeks.

According to the school, the work finances 70 percent of each student’s education.

Martinez, who preferred that the periods be omitted from his initials, championed these partnerships and struck up friendships with Houston’s elite.

I did not have the opportunity to meet Father Martinez, though I was familiar with Cristo Ray – I frequently see their students in the downtown tunnels during the lunch hour, and they have my email address on their press list; here’s the press release they sent out on Friday to announce the news of Fr. Martinez’s death. I respect the work he did and I admire the success his school has achieved. I wish our society as a whole would show that level of commitment to our schools, our children, and our families that are living in poverty. The world would be a much better place if Father Martinez and Cristo Rey were less the exception and more the rule. Rest in peace, Father Martinez.

Posted in: Elsewhere in Houston.

The frontlogged Hall of Fame ballot

Here are all of the eligible candidates for the MLB Hall of Fame class of 2015:

Here are the first-time eligible players, in alphabetical order:

Rich Aurillia
Aaron Boone
Tony Clark
Carlos Delgado
Jermaine Dye
Darin Erstad
Cliff Floyd
Nomar Garciaparra
Brian Giles
Tom Gordon
Eddie Guardado
Randy Johnson
Pedro Martinez
Troy Percival
Jason Schmidt
Gary Sheffield
John Smoltz

Now, here are the holdovers, listed in order of the percentage of the vote they received last year.

Craig Biggio, 74.8 percent
Mike Piazza, 62.2
Jeff Bagwell, 54.3
Tim Raines, 46.1
Roger Clemens, 35.4
Barry Bonds, 34.7
Lee Smith, 29.9
Curt Schilling, 29.2
Edgar Martinez, 25.2
Alan Trammell, 20.8
Mike Mussina, 20.3
Jeff Kent, 15.2
Fred McGriff, 11.7
Mark McGwire, 11
Larry Walker, 10.2
Don Mattingly, 8.2
Sammy Sosa, 7.2

The ones in bold are ones that I would vote for right now if I could. The ones in italics are ones I would seriously consider in a year where there weren’t so insanely many qualified candidates. Note that I would have to not vote for a couple of the candidates that I absolutely believe deserve enshrinement because there are more than ten of them. This is nuts, and it’s entirely because of the voters and their head-up-the-butt approach to this over the past few years.

Joe Sheehan calls this “The Ballot Frontlog”:

In 2013, this — not some ballot limitation — is what broke the system. With Barry Bonds, Roger Clemens, Mike Piazza and Sammy Sosa joining the ballot, more than one in three Hall of Fame votes was used on players who have no chance to be elected by this group of voters, not because they’re unqualified — my god, we’re discussing Jack Morris seriously while dismissing Palmeiro and Sosa? — but because a significant subset of the voting pool rejects them out of hand.

That’s why we have a logjam. In a rational system, five to seven players on this year’s ballot wouldn’t be on it. McGwire would have been elected on his third or fourth try. Bagwell would have been in on his second or third. That would have cleared 435 votes on last year’s ballots to be used on downballot candidates like Palmeiro, Tim Raines, Alan Trammell and Curt Schilling, or better still, to elect three inner-circle Hall of Famers in Bonds, Clemens and Piazza and a fourth mid-tier Hall of Famer in Craig Biggio. (In this parallel universe, Jack Morris probably gets elected in 2012 or 2013 as well.) You would certainly have a deep ballot, perhaps edging towards those seven-votes-per-ballot averages from the 1970s, but nothing the Hall hasn’t handled in the past.

That’s the problem. It’s not that there are 17 players on this ballot with pretty good cases for the Hall. It’s that there are at least six players on this ballot who have no business still being under consideration for the Hall of Fame. This isn’t a talent-depth issue, a ballot-size issue or anything else. It’s a steroids issue. It’s not a backlog, it’s a frontlog. The seven marked players returning from last year’s ballot are again going to eat up 1250-1350 ballot slots, 30-35% of the total. Then they’re going to do it again next year, and the year after that, and for years to come, making it impossible for qualified Hall of Famers who aren’t inner-circle types to gain ground in the voting. There probably won’t be another shutout for a while — you have Ken Griffey Jr., Pedro Martinez, Randy Johnson and others coming down the pike — but it will be impossible for anyone in the middle of the current ballot to advance, and the 5% rule (which I called for modifying last winter) is going to lop some fully-qualified candidates off the ballot along the way. Palmeiro, McGwire and Sosa, just to name three, are going to struggle to stay on the ballot for 2015.

Expanding the ballot, everyone’s favorite solution, doesn’t come close to addressing that problem. It’s the Hall — to be clear, the BBWAA doesn’t get to make that change on its own — passing the buck as it has now for the better part of a decade. The ten-man ballot works because it gives value to a place on the ballot relative to the number of names under consideration, and changing it to avoid taking a stand on the so-called “Steroid Era” would cheapen the process for political expediency. The Hall, and the Hall alone, is responsible for this, by not issuing clear instructions about how the voters should handle players from the last 20 years. By outsourcing this one to the writers, the Hall has broken the voting system. This is an issue on which the voters want leadership and guidance, and the Hall, deathly afraid of taking a position that will alienate anyone, has walked away from them — and by extension, baseball fans.

The only way to address this is for the Hall to issue clear directions to the voters…and it’s clear what those directions need to be. See, whether your dad likes it or not, some day Barry Bonds is going to be on that wall. So is Roger Clemens. So are Mike Piazza and Jeff Bagwell and probably the other three guys as well, along with the players like Alex Rodriguez who will come along after them. As steroid hysteria and all of the bad math, history and chemistry that came with it fade into the past, smart people who weren’t invested in our narratives will recognize that a place that honors the greatest players ever, but doesn’t acknowledge these all-time greats, cannot stand; that a Hall of Fame without Bonds and Clemens creates more questions than it answers. There’ll be a committee, maybe in my lifetime, certainly in my daughter’s, that corrects the mistakes being made now, that inducts these players, that acknowledges that in the heat of the moment, a lot of people got it wrong in the early days of the 21st century.

I think Sheehan is a little too easy on the voters, whose fact-free slandering of Jeff Bagwell is beyond shameful, and I don’t share his belief that “clear directions” from the Hall would have settled this. I just don’t think there’s anything short of not being allowed to vote that would keep enough of these moral scolds from blackballing an unacceptably large number of qualified candidates. That said, he’s clearly put his finger on the problem. I for one look forward to that day Sheehan describes when enough time has passed to allow some sanity to reign. I hope I live long enough to see it. Results of this year’s voting will be announced on January 6. I’ll be back to bitch about them afterward as always. Deadspin has more.

Posted in: Baseball.

Saturday video break: Downtown

A classic from Petula Clark:

Remember how they used that song on Lost to introduce Desmond living in the hatch? Now here’s a typically offbeat cover of it by the B-52s:

I can’t even think of a band that reminds me of the B-52s. Truly one of a kind. And to change things up again, here’s Jackson Browne’s same-name-different-song “Downtown”:

Also an original artist, though a tad bit more conventional than the B-52s. Great live act, too. Which one is your favorite?

Posted in: Music.

Bill King to run for Mayor

Because there aren’t enough candidates for Mayor already.

Bill King

Bill King is inching toward a run for mayor of Houston as the field in next year’s open-seat election continues to grow.

King, an attorney and the former mayor of Kemah, designated a campaign treasurer earlier this month, the initial step needed to start a campaign structure. While the full field is not expected to materialize until around Feb. 1, when candidates can begin raising money for their bids, more and more candidates are beginning to make clear their intentions.

King, who publicly flirted with a run in 2009, is now telling friends he plans to run next year. A former Houston Chronicle op-ed columnist who just unveiled a book, “Unapologetically Moderate,” King likely will run as a centrist, business-minded candidate.

Four other candidates have publicly committed to running for the post: Rep. Sylvester Turner, 2013 mayoral runner-up Ben Hall and Councilmen Steven Costello and Oliver Pennington.

About a dozen more, though, have explored a possible run.

Actually, King was flirting with a 2009 run as far back as 2006. Whatever else you might say, it’s not a snap decision. King’s longstanding hostility to light rail pretty much guarantees that I won’t vote for him, but I’m sure he’ll persevere. I’ll just make one general observation, which I may have made before here or may have just made in conversation, which is that there’s only so much room for candidates in this or any Mayoral race in Houston. There’s only so much campaign funding, so many endorsing organizations worth pursuing, so much volunteer energy, and ultimately only so many voters. As such, I believe that there’s room for only so many viable candidates. Candidates that are fishing from the same pool of voters and donors and all as other candidates will have a harder time staying above water. Some number of the people who say they’re running or thinking about running will ultimately not run, is what I’m saying. They can’t all run. It’s just a matter of who survives the qualifying runs, which is to say who can get enough of those donors and groups and volunteers on board to make themselves viable. I figure by February we’ll have a much clearer idea of what the field will really look like.

Posted in: Election 2015.

Abbott responds to motion to lift same-sex marriage ruling

He’s against it. Try not to be surprised.

RedEquality

Texas officials want a federal judge to uphold the state’s same-sex marriage ban, calling a request by gay couples to be allowed to immediately marry “untimely” and “out of order.”

“The plaintiffs offer no explanation for why they waited so long to file their motion,”Attorney General Greg Abbott wrote in a court document filed Tuesday. “They should not be rewarded for lying behind the log and springing this challenge on the Court and the State at the eleventh hour, demanding immediate relief.”

[...]

Abbott, the governor-elect, however, said the plaintiffs should be forced to wait until the 5th U.S. Circuit Court of Appeals hears the Texas and Louisiana cases on Jan. 9: “Modifying the preliminary-injunction order to remove the stay would interfere with the Fifth Circuit’s appellate jurisdiction.”

Finally, Abbott and his deputies deny that significant problems could befall the plaintiffs if they are not allowed to wed immediately. Nicole Dimetman-DeLeon, who is challening the ban with her wife Cleopatra DeLeon, is pregnant with the couple’s second child and has expressed a concern that her partner could not claim legal parenthood over the baby if she fell ill or died.

“These alleged harms are speculative; they are contingent on death or incapacity of one of the parties, but the plaintiffs do not allege any threat or expectation that these potential tragedies will befall them,” Abbott wrote.

See here for the background, and here for a copy of the state’s response. It’s pretty rich for Abbott to argue that the plaintiffs should have filed this motion earlier if they were serious given how long it took him to file his appellate briefs. The plaintiffs asked for an expedited hearing on that in May, and they asked for an earlier court date for the hearing, neither of which they got. One could argue that they finally ran out of patience. The rest is about what you’d expect. I have no idea what Judge Garcia’s time frame for this may be, but I’ll bet he’s quicker about it than either Abbott or the Fifth Circuit have been.

Posted in: Legal matters.

Houston needs a swimming hole

A fascinating proposal from Gray Matters.

The good idea: Houston needs a great big swimming hole.

Idea guys: Monte Large and Evan O’Neil, of Houston Needs a Swimming Hole.

Where the idea came from: Enduring the Houston heat. Large, an urban real-estate developer, doesn’t have a car and bikes everywhere. One summer day, the friends asked each other a series of questions while sweating in a coffee shop:

“What if Houston still had the Shamrock Hotel pool?

“What if Houston had a Barton Springs?

“Or our own beautiful big swimming hole in the middle of the city?”

Neither Large nor O’Neil is into the sport of swimming. Their hobby, they say, is helping Houston be cool.

Large and O’Neil recognize several realities about their hometown. Houston is a subtropical environment; it is very close to, yet painfully far from the ocean; and improbably, the city has become a leader in the use of green technology.

They researched available technology and decided that an enormous natural pool that filters the water with plant material would be a symbol of “the marvel Houston is becoming.” According to their research, there are more than 20,000 natural pools across Europe. Managed properly, natural swimming pools have clear water and require no chemicals to maintain. Instead, they are self-cleaning: cattails, water lilies and other water plants serve as natural filters.

Their website has more information. I drafted this awhile ago and hadn’t gotten around to scheduling it for publication, and in the meantime the guys behind this idea have created a Kickstarter campaign to raise enough money to do a feasibility study. They hope to collect $30K by January 9, and as of this publication were more than 10% of the way there. I’ll probably toss in a few bucks myself.

Anyway, these things are apparently more common than you might think. I’m sure the idea guys will encounter plenty of skepticism as they present this idea, though they say on that Kickstarter page that they have received a lot of positive feedback, which is encouraging. Hey, if such a thing can be built elsewhere – in Austin, in Minneapolis, in Brisbane – then why not here? What do you think about this? Give their Facebook page a like if you approve. Swamplot and Gray Matters have more.

Posted in: Elsewhere in Houston.

Friday video break: Black Friday

I have no idea why I haven’t used this on Black Friday before:

I love it when a band successfully reinterprets its own established work, as Steely Dan does here, turning the synth-driven tune into a slowed-down blues rocker. For a band that didn’t tour much in their early days, they’re an awesome live act. I’ve seen them twice now and would see them again tomorrow if they were in town. By the way, if you listened all the way to the end, here is their rendition of Dirty Work that Donald Fagan was introducing. Whether you’re at home, out shopping, or hard at work, I hope you have an excellent Black Friday.

Posted in: Music.

Bell fundraising lawsuit to be heard in January

A busy legal calendar just got a little fuller.

Chris Bell

Chris Bell

A judge in January will hear likely mayoral candidate Chris Bell’s request to block Sylvester Turner’s plan to transfer money from his officeholder account to his mayoral account when the fundraising period opens on Feb. 1.

Judge Elizabeth Ray of Harris County’s 165th Civil Court will hear Bell’s request for a temporary injunction on Jan. 12 at 1:30 p.m. A hearing on Bell’s request for a summary judgment likely will follow later.

Turner has been open about his plan to transfer money raised for his unopposed state legislative campaign to his mayoral bid in February. While all other mayoral candidates are not allowed to raise money until then, Turner has raised hundreds of thousands of dollars this fall and can transfer the first $5,000 from each individual donor in February, according to the interpretation of Houston City Attorney Dave Feldman.

Bell disputes that finding.

See here for the background. Bell’s is one of two lawsuits filed over Houston’s campaign finance laws. That other suit argues that the blackout period itself is illegal, so someone is going to be unhappy when all is said and done. Anyway, this one will be heard the week after the Fifth Circuit action. Like I said, a busy month.

Posted in: Legal matters.

Abbott can’t stop talking about suing Obama

It’s what he does.

JustSayNo

A state lawsuit challenging President Obama’s executive order shielding as many as 5 million undocumented immigrants from deportation could come from Texas in the next two weeks, Gov.-elect Greg Abbott said during a Monday press conference.

“Most everyone agrees that the immigration system in America is broken,” Abbott said. “Similarly, most agree that executive fiat is not the right way to fix it.”

Added Abbott: “The president must follow the law just like everyone else.”

[...]

Abbott said he plans to reach out to other state governors and attorneys general over the next two weeks to come up with a plan to counter Obama’s Thursday executive action. Whether or not they sign on will not affect Abbott’s decision. Asked if he will file suit against the federal government, something he has done 33 times before as attorney general, Abbott said the “odds are in favor.” Thirty of those lawsuits have been filed against the Obama administration.

Abbott said Obama “crossed a line” with last week’s announcement; the president’s action has been heavily criticized by Republicans who say he overstepped his constitutional authority. Obama said Congress left him no choice when its members refused to come up with a way to reform immigration and pass a bill.

See here and here for the background. This is about politics first and foremost, and one can hardly blame Greg Abbott for going to back to this particular well; it’s been pretty good to him so far. One might ask him how Obama’s actions compared to those of other Presidents, such as Ronald Reagan, if only for the entertainment value. Be that as it may, if we’re going to talk politics, it’s hard to see this as anything but a win for the President if his goal was to remind Latino voters who is on whose side. Go ahead and feel free to keep reminding them, Greg.

Posted in: La Migra.

Thanksgiving video break: I’ve done this often enough to call it a tradition

And what a tradition it is:

I plan to be in a turkey coma today, hopefully in front of a football game. Hope you have the Thanksgiving you want as well.

Posted in: Music.

Early voting begins today for SD18

From the inbox:

The early voting period for the December 6, 2014 Special Election to Fill a Vacancy for State Senate District 18 will take place Wednesday, November 26 from 8:00 a.m. to 4:30 p.m. and Monday and Tuesday, December 1 and December 2, from 7:00 a.m. to 7:00 p.m.

“An estimated 20,000 registered voters who reside in Harris County voting precincts 49, 119, 121, 149, 639, 901, 919 and 920 are eligible to participate in the Special Election in State Senate District 18,” informed Harris County Clerk Stan Stanart. “The SSD18 precincts are situated in west Harris County.”

Harris county registered voters can vote early at any of the three following locations:

1. Main Office: Harris County Administration Bldg., 1001 Preston, 4th Floor, Houston, TX 77002

2. Far West/Katy: Katy City Park Building #3, 2046 Katy City Park Road, Katy, Texas 77493
(NW of Katy Police Department, 5456 Franz Road and South of Mary Jo Peckham Park, 5597 Gardenia Lane)

3. Hockley: Harris County Community Center Hockley, 28515 Old Washington Road, Hockley, Texas 77447
(between Premium Drive and Kermier Road).

There are five candidates vying to replace Glen Hegar who submitted his resignation from the Texas Senate after being elected Comptroller of Public Accounts for the State during the November Election. Senate District 18 spreads through 21 counties in Southeast Texas.

For information about voting by mail, list of acceptable Photo IDs to vote, or other election information, please visit www.HarrisVotes.com or call 713.755.6965.

Yes, that’s three whole days of early voting, before and after Thanksgiving. Good luck being the field director for one of those candidates. Fort Bend voters, your information for this election is here. My understanding is that there will be Saturday early voting hours in Fort Bend as well. Lucky you.

Not that it’s likely to matter much since there’s a clear frontrunner who has a decent campaign treasury and establishment support, and has been effectively running for this seat for months.

Rep. Lois Kolkhorst

State Rep. Lois Kolkhorst, R-Brenham, is seen as the front-runner. She was first elected to House District 13 in 2000, and hasn’t faced a serious challenger since. Kolkhorst pegs border security as a top priority

“Our border surges seemingly work when we do them, so we’re going to have to look at how we secure it — and do something right and good for Texas,” Kolkhorst said. “I don’t think the federal government is going to step up and do that for us.”

The race is Kolkhorst’s to lose, said Renée Cross, associate director at the University of Houston’s Hobby Center for Public Policy and a political science lecturer. Kolkhorst has pulled in endorsements from Gov.-elect Greg Abbott, Hegar and several PACs, including the Conservative Republicans of Texas PAC.

“She’s shown a very conservative record in the house,” Cross said. “She’s a farmer, she’s got somewhat of a suburban link being in Brenham, she’s an athlete, she’s a hunter, she’s a fisher. I mean she’s got all the stereotypical Texas attributes that I think are going to play well, particularly in a very short election period.”

She’s also running a typical scare the old white people campaign, which has always worked well in this kind of election.

Her Republican challengers include Gary Gates, a real estate agent and cattle rancher from Richmond, and Charles Gregory, a businessman and the former mayor pro tem of Simonton.

Should Kolkhorst win, Abbott will have to call a special election for her House district. Kolkhorst has not resigned from her seat, so will stay in the legislature if she loses.

[...]

Democrat Christian E. Hawking, a lawyer from Rosenberg said she found out about the election just days before she filed to run. She previously ran unsuccessfully for a city council seat.

“I am optimistic, you have to be,” Hawking said. “I think this is exciting. It is a clean slate; we get to pick someone new. And I think that I’d be good at it.”

Democrat Cynthia Drabek, who recently ran unsuccessfully for Texas House District 85, also filed to run. Both Drabek and Hawking said public education funding is a top priority for them.

I wasn’t sure there would be a Democratic candidate in this race, given the lightning-speed turnaround on it. Bill White scored 35.7% in 2010, so the odds of a Dem even making a runoff are pretty low. Drabek received 9,628 votes for 33.4% in HD85, which was 1,130 fewer votes and 0.2 percentage points less than Linda Chavez-Thompson in 2010. As for Kolkhort’s HD13, in case it opens up, White got 32.1% in 2010, and Michelle Petty was the high scorer in 2012 with 26.0%. Not a whole lot to work with there, but as I said for HD17 it’s not like there’s anything to lose by trying.

Posted in: Election 2014.