Tag Archives: Texas Legislature

Dan Patrick to take office flush with campaign cash

Dan Patrick is a cash-raising machine.

The new Texas lieutenant governor is going to take office next week with about $4 million in leftover campaign money. He’ll put it away, sit on it for, oh, the next three years or so.

Then he’ll get to decide whether he (a) wants to seek re-election or (b) go for the next highest office in the state, governor, the one that will be occupied by his fellow Republican Greg Abbott.

https://wordpress.com/read/post/feed/12395410/603467735/

As the Texas Monthly’s Paul Burka has noted, there can be no other reason than a possible governor’s race in 2018 to explain why Patrick raised so much money to become the state’s lieutenant governor.

Gov. Abbott had better watch his back.

Patrick’s presence as presiding officer of the Texas Senate is going to put a lot of pressure on Abbott to ensure that he remains faithful to the TEA party principles on which he ran in 2014. He’ll have to persist in suing President Obama every chance he gets at least until Obama leaves office in January 2017. He’ll have to keep the lid on Medicaid expansion. He’ll have to promote tax cuts — even if they damage the state’s ability to provide essential government services.

All this is essential to the TEA party wing’s platform. Lt. Gov. Patrick is the TEA partyer in chief, so he’ll be watching with a keen eye to ensure that the governor toes the line.

As the saying goes, money does talk.

 

Gov. Perry sounds bipartisan note? Wow!

Why do politicians do this? They campaign for office as tough partisans, govern the same way and then, as they prepare to leave office, sound like the Great Compromiser in Chief.

Texas Gov. Rick Perry took his turn at the farewell podium this week as he said so long to the Texas Legislature. He’s leaving office, having served as governor seemingly since The Flood.

He’ll likely run for president of the United States — again! — in 2016.

http://www.texastribune.org/2015/01/15/farewell-speech-perry-encourage-compromise/

But his Austin swan song, in the minds of some of who heard, sounded like a “campaign speech.”

Perry told legislators: “There is room for different voices, for disagreement … Compromise is not a dirty word if it moves Texas forward.”

Some Democrats thought the Republican governor’s speech took a surprising turn, given that he often dug in his heels at Democratic initiatives during his umpteen years in office.

One comment stands out as I read reports of his speech. It was his support of drug treatment diversion programs as an alternative to jail time for non-violent drug offenders. “We must remember when it comes to the disease of addiction, the issue is not helping bad people become good, but sick people become well,” he said. “Turning to diversion programs hasn’t made us soft on crime. It’s made us smart on crime.”

That sounds like a ringing endorsement of drug courts, such as the one started in the Panhandle by 181st District Judge John Board.

Well, the speech is over. Perry is cleaning out his office. He’s heading back onto the campaign trail soon. One of his first post-governorship stops will be in Iowa, where he’ll attend a conservative political forum hosted by TEA party Republican firebrand U.S. Rep. Steve King.

I’m guessing he won’t sound so conciliatory there.

Still, thanks for the good words, governor.

 

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.

Feds aren't seeking to create 'moral standard'

Here’s a shocker: The Texas Legislature and its Republican super-majority in the House of Representatives is likely to consider legislation that blocks any effort to lift the state’s ban on same-sex marriage.

OK, it’s not a shocker. I was kidding.

State Rep. Cecil Bell, R-Magnolia, has filed House Bill 623 that would prevent the federal courts or the Congress from legalizing same-sex marriage.

http://www.texastribune.org/2015/01/08/no-salaries-for-recognizing-gay-marriage-bill-says/

According to the Texas Tribune: “The federal government is trying to act to create moral standards, and that’s just not acceptable,” Bell said.

Let’s hold on for a moment.

I do not believe the feds are seeking to “create moral standards” with court rulings striking down same-sex marriage laws in several states. The impetus behind the rulings — in every instance — has been the U.S. Constitution’s 14th Amendment, which grants full rights of citizenship to every American citizen. Full rights of citizenship means that every American is guaranteed “equal protection” under the law.

That means, quite clearly, that if you love someone who happens to be of the same sex as you, the Constitution gives you the right — as a citizen — to marry that individual, just as any citizen is able to marry someone of the opposite gender.

The Tribune reports: “The bill also requires state courts to dismiss legal actions that challenge a provision of the bill and award legal costs and attorney fees to the defendants. Citing the 11th Amendment, which gives states sovereign immunity, the bill also says the state isn’t subject to a lawsuit for complying with the act — regardless of a contradictory federal ruling.”

But wait, says a gay-rights group. Again, from the Tribune: “Daniel Williams, a legislative specialist for the gay rights group Equality Texas, said the bill would go against legal precedent.

“’This bill is retreading very well-established precedent here. In 1869, the U.S. Supreme Court decided in Texas v. White that no, Texas does may not ignore federal law whenever it wants,’ Williams said. ‘Beyond it ignoring federal law, it would actually punish state employees who follow the law.’”

The setting of a “moral standard” is not at issue here. Adhering to federal law is what’s at stake.

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.

 

 

Panhandle might fall victim to intra-party squabble

Having taken note of the political demise of a soundly conservative lawmaker from East Texas to an even more conservative challenger, the thought occurred to me: Is the Texas Panhandle susceptible to this kind of intra-party insurrection?

State Sen. Bob Deuell is about to leave office after being defeated in the GOP primary by newcomer Bob Hall. As the Dallas Morning News columnist noted, the “farthest right” defeated the “far right.”

So, what does this mean for the Panhandle?

I’ll admit that the GOP primary contest for the Texas Senate seat held by Kel Seliger, R-Amarillo, frightened the bejabbers out of me. Seliger almost got beat in the March primary by former Midland mayor Mike Canon, a nice guy who’s also a TEA party mouthpiece. Canon suggested during the campaign that Seliger, a mainstream Republican former Amarillo mayor, was somehow in cahoots with them crazy liberals in Austin.

The Panhandle, indeed all of West Texas, dodged a bullet by re-nominating Seliger in the primary and allowing him to coast to re-election in an uncontested race in November.

What does the future hold? What might occur if, say, state Rep. John Smithee, R-Amarillo, packs it in? Smithee has served in the Legislature since 1985 and has developed a reputation as one of the smartest, most legislatively savvy members of the Texas House.

Who’s lying in wait out there for a key retirement? Who’s waiting in the tall grass waiting to seize the moment to launch a sound-bite campaign the way Hall did against Deuell?

It happened in a Texas Senate district down yonder. It can happen here.

 

Oil price plunge: Good for U.S., bad for Texas

It’s become almost a truism that Texas marches to a different cadence than much of the rest of the country.

Take the plunging price of oil and gasoline. Millions upon million of Americans are cheering the good news, that they’re paying less for gas than they were yesterday, let alone a year ago. Meanwhile, Texas oil producers are crying the blues.

And then we have Texas government, which is likely now to face a serious shortfall in revenue derived from oil that’s pulled out of the ground in, say, the Permian Basin and along the Caprock here in the Panhandle.

http://www.texastribune.org/2014/12/19/oil-prices-could-dampen-legislative-session/

What’s good for the rest of the county isn’t necessarily so for Texas. What to do?

Given that I don’t have a particular dog in this hunt — in the form of oil holdings that pay handsome royalties — I’m more than happy to see the price of gas continue to slide downward. It’s at $1.98 per gallon in Amarillo as of right now; it’s subject to change any moment.

The Texas Tribune link attached to this post notes that the state’s new comptroller, Glenn Hager, is facing a tough baptism in state government. He’ll have to produce some revenue forecasts for the next Legislature. At the rate the price of oil is falling, it’s becoming a bit problematic for the comptroller-elect to project anything for the next week, let alone for the next two years.

Gov.-elect Greg Abbott has proposed an ambitious start for his administration that will depend on money. Highway improvements? The amount of that money will depend on oil prices. Public education? Again, the state derives royalty money from oil and natural gas to help pay for public school.

So, while the rest of the country hails the falling price of oil and gasoline, lawmakers and statewide elected officials in Texas, which produces so much of it, are wringing their hands.

Yep, as the promotional slogan goes: Texas is like a whole other country.

 

Statewide smoking ban: Round 5

Let’s hope that the fifth time is the charm.

For what? The state ought to impose a statewide ban on indoor smoking. No exceptions, please. Everywhere should fall under the rule.

The Texas Tribune reports that the Texas Legislature is likely to take up the issue for the fifth consecutive session when it convenes in January.

http://www.texastribune.org/2014/12/19/smoking-ban-stalls-capitol-cities-go-it-alone/

The odds aren’t great that it’ll pass either legislative house. Both chambers will be full of pro-business Republicans who think the government has no say in determining whether Texans should be exposed to second-hand smoke. That’s a business call, they’ll contend.

Never mind that the Texas Restaurant Association — a key business group affected directly by such a law — supports a statewide ban.

We’ve danced to this tune already in Amarillo. Voters here have rejected narrowly two city referenda calling for a citywide ban.

The state, though, can weigh in this coming year.

It’s not that Texas is plowing new ground. Two dozen states already have enacted statewide smoking bans. More than 30 Texas cities have enacted such a ban, many with exceptions made for restaurants and businesses that serve alcohol.

Yes, there will be those who contend that business owners should be allowed to make these decisions for themselves.

But if second-hand smoke presents a health hazard and if some businesses refuse to ban smoking inside their establishments, isn’t the state obligated to step in protect people’s health?

Yes, we have choices. We can choose to do business in a place where we cough at the smell of smoke, or we can choose to go somewhere else.

Still, a statewide ban isn’t an unreasonable rule to impose on business owners. Who knows? Maybe we’ll all get used to living in a totally smoke-free indoor environment.

I’m not going to hold my breath — pun intended — waiting for the Legislature to do the right thing.

 

Perry to Aggies: I'm thinking about running

Here’s a news flash: Texas Gov. Rick Perry said some other things to college graduates besides declining an offer to have a building named after him at Texas A&M University.

Such as — he’s thinking about running for president of the United States of America.

That’s kind of a big deal, yes?

Perry spoke at the Texas A&M convocation. He told graduates the school from which he graduated shouldn’t name the Academic Building after him. Then he went on to say that he’s pondering another run for the White House.

http://blog.mysanantonio.com/texas-politics/2014/12/perry-teases-presidential-run-in-speech-to-aggies/#13219101=0

He ticked off his credentials as someone who governed a state with the world’s 13th-largest economy and oversaw a group of individuals who “bicker a lot,” referring to the Legislature.

He told the A&M grads he’ll be looking for a job in about 30 days, just as they will.

Is this a precursor to a presidential run? Yes, it sounds like it to me.

I hope he jumps in. I’ve already spoken out in favor of Mitt Romney getting back into the game. I’m inclined also to welcome Jeb Bush into the Republican presidential field.

Why not — to coin the late Molly Ivins’s term — Gov. Goodhair?

He’s got the look, the charisma, some governing experience and he’s developing a pretty good gift of gab.

Perry’s ideas about the role of government, though, don’t quite set well with some of us out here. He’s inclined to be anti-federal government, which is sort of an dubious stance for someone who wants to oversee it.

But what the heck. He gave us a few laughs the last time he ran for the White House in 2012. Maybe he’s got a few more gag lines up his sleeve the next time around.

Bring it, governor!