Category Archives: State news

Patrick set to dispense with Senate 'tradition'

The next Texas lieutenant governor said he likely would do away with a rule that’s governed the flow of legislation.

Lt. Gov.-elect Dan Patrick appears set to make good on it.

Let’s all say “so long” to the two-thirds rule of the Texas Senate.

http://www.texastribune.org/2015/01/10/primer-endangered-two-thirds-rule/

The two-thirds rule had been favored by lieutenant governors of both parties as a way to build a semblance of bipartisan support for legislation. It requires that at least 21 senators out of 31 total support a bill before it goes to a vote.

Many Republican senators have supported the rule. One of them is Kel Seliger of Amarillo. But then again, Seliger is no fan of Patrick.

As the Texas Tribune notes in the essay attached to this blog post, Patrick — who tried as a freshman in 2007 to get rid of the rule — now appears to have the votes to scrap it.

As the Tribune reports: “The rule has the practical effect of forcing Republicans to earn the support of one or two Democrats to get a bill through the chamber — and of shielding moderates in both parties from difficult votes. It also can protect minority interests in situations where the divide is not partisan, such as on issues where regional rather than political allegiances come into play.”

The Tribune notes that the Senate retains the power to vote on changing the rule. The lieutenant governor, though, as the presiding officer of the body has the power to make committee assignments. He can pay back those who cross him with those appointments, as the Tribune reported.

This is the influence of the Texas TEA party wing of the GOP. It’s less bound by tradition than other Republicans. What’s more, the TEA party crowd now has one of their own sitting at the front of the Senate chamber.

It’s going to be a new day in Austin when the next Legislature convenes.

Some of the new folks will enjoy it. A number of the seasoned hands, who’ve enjoyed working in a legislative body that sought bipartisan collegiality, will not.

 

End of a Texas era is about to end

One of my favorite Texas political observers, pundits, commentators and thinkers is about to call it a career.

Paul Burka is retiring in March from Texas Monthly after a 40-year career commenting on Texas politics, government and public policy.

I haven’t met Burka, but I hope to shake his hand one day before one of us checks out. I’ve read his work extensively over the 30-plus years I’ve lived and worked in Texas. He brings considerable heft to any political discussion.

http://www.texasmonthly.com/burka-blog/last-forty-years-and-future

He includes a lengthy email sent to Texas Monthly staffers from editor Brian Sweany.

Sweany notes in his email the many contributions Burka made to the magazine, including one of my favorite essays, the 1986 cover story about how the Chevrolet Suburban had been named the “National Car of Texas.” His best-worst list of Texas legislators has become a political staple every other year.

I enjoy including Burka’s thoughts in my own blog and I usually rely on his expertise about political matters relating to our great state.

The man knows the ropes. He has, as the saying goes in Texas, earned his spurs.

Good luck and Godspeed, Mr. Burka.

Can the state can cut taxes too deeply? Yes

Oil revenue is falling in Texas. The state depends on it to pay for state government.

Yet the bean counters in the Comptroller’s Office are being told by lawmakers — namely Lt. Gov.-elect Dan Patrick — that the state is not going to ease up on providing tax relief for Texans.

https://wordpress.com/read/post/feed/12395410/595905125/

Comptroller-elect Glenn Hegar’s task is to provide the Legislature with an estimate of how much money the state will have to spend the next two years.

But those darn oil prices make these projections so very tricky.

Should the state keep cutting taxes when its revenue stream has been put in jeopardy by forces beyond its control? I don’t think that’s wise government policy.

That doesn’t deter Patrick and his tax-cutting allies in the Legislature. Patrick told panelists at a Texas Public Policy Forum gathering: “We expect to be bold and we expect to be big in tax cuts and then I’m going to trust my good friend here the comptroller.”

The state Legislature, populated by a super-Republican majority led by a TEA party faction that just cannot cut taxes enough — even if it puts important government services in jeopardy — ought to resist the temptation to keep slashing revenue just for the sake of slashing revenue.

I doubt seriously, though, anyone in Austin will follow that course. It’s politically popular in Texas to cut, cut and cut some more.

Good luck, Mr. Comptroller, as you prepare to deliver the bad news to our elected representatives.

Random selection for grand juries?

 

Grand juries have been in the news of late.

A Travis County grand jury indicted Texas Gov. Rick Perry on charges of abuse of power and coercion; another grand jury declined to indict a Ferguson, Mo., police officer in the shooting death of a young black man; and still another grand jury no-billed a Staten Island, N.Y., cop in the choking death of a black man.

All those decisions provoked controversy.

I bring this up as an introduction to a chance encounter I had Tuesday with a state district judge whom I’ve known for nearly 20 years. Judge John Board and I were visiting for a time and our discussion turned to grand jury selection in Texas. Board mentioned he’s been using a random selection method for some time, rather than relying on a jury commissioner system that remains the selection-method of choice for most trial judges in Texas.

We talked about an editorial campaign of which I was part in Beaumont many years ago. We argued vehemently at the Beaumont Enterprise for a change in the way grand jurors are selected in the two criminal courts in Jefferson County. We didn’t like the commissioner system, as it relied on jury commissioners’ discretion in picking grand jurors. Jury commissioners — who are appointed by judges — could pick friends, or friends of friends to serve on the grand jury; they could pick judges’ friends.

The theory is that the jury commissioner system enables courts to pick the “best and the brightest” of a community to decide whether criminal complaints warrant prosecution. But the system is exposed to the possibility of manipulation. It could be used to settle scores. A jury commissioner with a bone to pick with someone — for whatever reason — could find grand jurors who would side with him in getting revenge.

I’m not saying such a thing happens frequently, nor do I even have first-hand knowledge of it ever happening. But it could.

I am a strong believer in the random selection method. I was heartened to hear my friend, Judge Board, say that he uses the random system in his court, which has jurisdiction in Potter and Randall counties.

Our newspaper in Beaumont finally won out, by the way. The two courts in question in Jefferson County eventually switched to a random selection method — with grand jurors selected off the voter registration rolls — and to my knowledge it’s been working fine ever since.

So, why not require it across the state?

Amarillo is represented in the Legislature by two fine lawyers — Republicans John Smithee and Four Price. Might there be an opportunity for one or both of them to pitch legislation calling for mandatory random selection of grand juries?

If a trial jury chosen at random can be charged with sentencing someone to death, surely the state can put its trust in a random selection method to pick a grand jury to decide whether to prosecute someone for a crime.

 

 

Gay marriage on its way … to Texas?

Do you ever feel as though you’re swimming against a tide that keeps getting stronger while it sucks the energy out of your efforts to fight it?

That’s how I’m feeling with this gay marriage issue.

I’m still grappling with the notion that it’s all right for people of the same sex to marry each other. I’m a traditionalist and my own values make it hard for me to embrace the idea of same-sex marriage as being the same as the marriage I have enjoyed for the past 43-plus years.

OK, I’ve laid down that marker.

I also understand what the law says, what’s in the U.S. Constitution and how all Americans are guaranteed equal protection under the law. Thus, it appears that states’ bans on gay marriage appear doomed.

That notion I will accept.

Florida has just begun allowing same-sex couples to marry. Federal judges — those damn “unelected judges,” in the eyes of conservatives — keep overturning state bans on same-sex marriage. A federal judge in Texas has ruled that our state’s ban — written into the Texas Constitution — violates the federal Constitution’s equal protection clause stated in the 14th Amendment. It grants full rights of citizenship to anyone born in the United States with zero regard to that people’s sexual orientation.

All of this makes perfect sense to me. If the states are governed by a federal framework — the Constitution — then the states are obligated to obey the rules set down within that framework.

Does any of this mean that all Americans must embrace the idea of same-sex partners getting married? Honestly, no.

All it means to me is that the law is the law and that states cannot impose their own laws that supersede the Constitution of the United States of America.

That includes bans on same-sex marriage.

I can feel that tide of political and cultural change getting stronger all the time.

 

Ex-judge committed egregious act

This story got past me when it happened, so I’m a bit late commenting on it, but it does give the Texas legal community something to ponder — such as how severe a sanction should a judge face if he or she commits an egregious act of judicial misconduct.

Elizabeth Coker used to preside over the 258th District Court in rural East Texas. She resigned her judgeship a little more than a year ago after it was revealed that she sent text messages from the bench to a prosecutor — prompting her with questions to ask that would secure the conviction of a defendant.

http://poorrichardsnews.com/post/65069957264/texas-judge-resigns-after-being-caught-texting

The text messages were sent during a child abuse trial in August 2012 to Assistant Polk County District Attorney Kaycee Jones, who was in the middle of a criminal case in Coker’s court.

I don’t know where to begin with this.

The State Commission Judicial Conduct worked out a deal with Coker for her to quit her judgeship. All she had to do was resign from the bench and there would be no additional sanction.

I’ve always understood that judges often have expelled people from their courtrooms for using text devices while court is in session. A former Texas Supreme Court chief justice, Tom Phillips, once told me that in Texas judges can rule their courtrooms like tyrants if they choose to do so.

I suppose that Phillips also implied that judges can run courtrooms with amazing leniency if they so choose.

One of the many astonishing aspects of this case is that Coker then ran for Polk County district attorney after quitting the bench. She didn’t get the job.

This blows my mind. A judge sends a text message with instructions to a prosecutor on how to ask questions that would result in a conviction and all she had to do was quit?

She got off way too easy on this deal.

The Tale of the Texting Judge

The Time magazine story goes through this case in significant detail.

What does the Commission on Judicial Conduct do about these cases? For that matter, why isn’t the Texas Bar Association pitching a serious fit to this day over Coker’s terrible judgment on the bench?

The Time article seeks to cast this case in some political context, noting that Republicans had taken over in a part of the state that once was reliably Democratic. Coker switched parties, from Democrat to Republican, and that apparently caused some ill feelings.

That has nothing to do with anything. Coker should have been punished with far more than just losing her bench seat.

 

 

Who is this guy M.Q. Sullivan, anyhow?

The name Michael Quinn Sullivan keeps popping up in Texas media reports.

He seems to be some sort of kingmaker/queenmaker. He backs ultraconservative Texas politicians, talks them into running for office, raises lots of money for them and then sits back and watches them do his bidding … whatever it may be.

I’ve never met the young man. I’ve heard plenty about him from some local political hands here in the Texas Panhandle. Most of the folks with whom I have contact don’t think much of him, but he certainly has gained power.

Sullivan runs Empower Texas. He’s a former newspaper reporter who became a press aide to former U.S. Rep. Ron Paul. He’s dabbled in politics at many levels over the years.

A recent brief blog post by Texas Monthly guru Paul Burka took note of Texas House Speaker Joe Straus’s apparent rise as a national political figure. He’s going to head some national legislative council, which Burka sees as the “nail in Sullivan’s coffin.”

http://www.texasmonthly.com/burka-blog/rise-joe-straus

Sullivan doesn’t like Straus, who I guess he figures is too darn moderate to suit his taste.

The closest I came to understanding Sullivan was watching the 2014 Texas Republican primary battle for the state Senate seat now held by Kel Seliger, R-Amarillo. I know that Seliger doesn’t like Sullivan’s brand of archconservative Republican politics. I’m guessing Sullivan doesn’t care for Seliger, either.

That explains why he recruited former Midland Mayor Mike Canon to challenge Seliger in last year’s GOP primary. This perhaps was one of the more astonishing matchups I’ve seen in all my years covering Texas politics — from the Gulf Coast to the Caprock.

Canon’s a nice enough fellow. But when the questions came to him during a candidate forum in which I was one of the media questioners, I was flabbergasted at the shallow sound-bite quality of his answers. Seliger, on the other hand, offered details and nuance to his answers and anyone with a smidgen of a brain could see which of these men was the better candidate for the Texas Senate.

Canon, though, fit Michael Quinn Sullivan’s profile of political perfection.

The most frightening part of this campaign? Canon damn near won! Seliger squeaked out a primary victory and then was re-elected unopposed in the general election.

The Texas political landscape is sprinkled generously with officeholders who fit the Sullivan-TEA party mold. This guy wants more.

Sullivan is one scary dude.

 

State AG is — what? — a criminal?

Call me a prude. Heck, you might even accuse me of having more than a touch of righteous sanctimony.

However, I am of the belief that a state’s top law enforcement official — its attorney general — ought to be clean as a spit-shined boot. There should be zero question about how he conducts his personal and/or business affairs.

Well, Texans, welcome to a new world.

We have an attorney general who’s been fined by the state for soliciting investment clients without following all the rules the state sets down for such activity.

http://www.texastribune.org/2014/05/02/paxton-violated-securities-law-gets-reprimand/

Ken Paxton is a former Republican state representative who was elected attorney general in November. The Texas Securities Board has fined the AG-to-be $1,000 for failing to register under the law his investment solicitation activity.

Paxton has waived his right to appeal the sanction, which is tantamount to admitting he broke the law.

OK, the guy didn’t commit a violent crime. He didn’t rob a bank or hold anyone hostage. However, he broke state law.

Now he’s about to take an oath in which he will defend the Texas Constitution and vow to enforce all the laws of the state.

A Paxton spokesman told this to the Texas Tribune: “As for Friday’s order, Paxton spokesman Anthony Holm said the campaign ‘took immediate action and proactively communicated the Texas Tribune’s questions to the state board.’

We asked the board to treat us like every other citizen of the state and that they take all necessary time to review our filings,’ Holm said. ‘Due to an administrative oversight, we have paid an administrative fine of $1,000. We are pleased this matter has been resolved and a speedy resolution has been reached.'”

Actually, the Texas attorney general isn’t like “every other citizen of the state.” He should be clean. Spotless. He shouldn’t get into the kind of trouble that found Ken Paxton.

Aw, what the heck. Texas politics apparently doesn’t take that kind of thing into account.

 

Davis's political future is clouded … at best

This is tough for a Texas liberal such as yours truly to acknowledge, but a well-known political observer is likely correct about Wendy Davis’s future in state politics.

She doesn’t appear to have one.

http://www.texasmonthly.com/burka-blog/wendy-daviss-future

Texas Monthly blogger Paul Burka notes in a brief post that Davis, a Democrat, managed to parlay a thought-to-be-competitive governor’s race in 2014 into a rout — for the Republican, Gov.-elect Greg Abbott.

Her loss in the governor’s race was worse than the percentage Tony Sanchez rang up against Rick Perry in 2002. Hey, whatever happened to Sanchez?

Burka said Davis is making some noise about seeking another public office. Where? Doing what?

I’m not prone to piling on here, but Davis ought to take a bit of a break from seeking to serve in some public capacity. She is a lawyer, after all, and she can kick-start a private practice in Tarrant County.

I was one of those Texans who had hope that Davis at least could make a race of the contest for governor. She entered the campaign with the wind at her back. She then managed to do a 180 and turned a tailwind into a headwind. Her campaign never got traction.

She lost the contest by 20-some percentage points.

Should she run again? No, Wendy. No!

At least not for a while.

 

 

Perry builds wind energy in Texas

Let it never be said that I am such a blind partisan that I fail to recognize the good things that politicians of the “other party” have accomplished.

Republican Texas Gov. Rick Perry is about to leave office and the Texas Tribune is doing a great job of looking back at the governor’s huge legacy.

All those wind turbines one sees turning along the High Plains or along the South Plains and the Rolling Plains down yonder? They’re a big part of the Perry legacy, to which I will provide high praise.

http://apps.texastribune.org/perry-legacy/energy/

The Tribune notes that most of the turbines didn’t exist when Perry took his initial oath of office in December 2000. They do now, in a big way.

As the Tribune notes: “In 2000, wind farms composed just 116 megawatts of capacity on the state’s main electric grid. That number has since soared to more than 11,000 megawatts, while wind fuels about 10 percent of all generation. (On average, one megawatt-hour of wind energy can power 260 typical Texas homes for an hour.)

“’His legacy on the fossil side of things is very sound, but on the wind side, he’s done tremendous things to move the state forward,’ said Jeff Clark, executive director of the Austin-based Wind Coalition, an advocacy group. ‘Under Rick Perry, wind in Texas has moved from alternative energy to being a mainstream component of our power supply.’”

Think of how vast this supply of energy is in Texas, particularly along the Caprock, where the wind blows incessantly — and where it will blow for as long as Planet Earth exists. I reckon that’ll be a good while, agreed?

Texas has become the nation’s No. 1 wind-energy-producing state, supplanting California at the top of the heap.

Perry’s predecessor as governor, George W. Bush, signed a bill in 1999 that deregulated the electric sector, opening the door for the development of wind energy. Perry would later sign legislation mandating an increase in wind energy production. The state has delivered in a big way.

Here’s the Tribune: “’That we were able to build thousands of miles of high-capacity transmission from West Texas to the Panhandle without landowners marching on the Capitol with pitchforks, it’s pretty remarkable,’ said Railroad Commissioner Barry Smitherman, whom Perry appointed to the Public Utility Commission in 2004 and reappointed in 2007. ‘And the governor had our back on that.’”

Rick Perry isn’t known as an environmentalist, but the wind energy that has developed on his watch has gone a long way toward conserving fossil fuels. It’s also producing arguably the cleanest energy possible.

Well done, governor.