Vol 22, Issue 1 Print Issue

The Week in the Rearview Mirror

Sorry about the headline: Add "Cowboy Politics" to your bloglist.The unnamed author(s) sent us a note saying they were up and running. They've got one post (hey, during that first week in 1984 we once had only one issue) and it's on Kay Bailey Hutchison, Rick Perry, and the prospects of a shootout for the Governor's Mansion. The address for the new folks: www.cowboypolitics.blogspot.com.

Gov. Rick Perry tries some shuttle diplomacy to see whether he can get the two legislative leaders on the same page, the better to try to get the House and the Senate moving in the same direction.Looking for a newspaper clip on the Internet the other day, we stumbled on what appeared to be the story we sought. It was about Gov. Rick Perry telling a Tyler audience about the prospects for a special session of the Legislature. But instead of what we expected -- an account of Perry's efforts to negotiate a deal the House and Senate could swallow -- it said Perry had given up trying to solve school finance until legislative leaders had a viable plan. Then, we noticed, we had the right paper, the right people, the right issue, and the wrong year. When we quit the 2004 story and found the 2005 story, it had Perry predicting a special session by the end of this month, after he brought Lt. Gov. David Dewhurst and House Speaker Tom Craddick together for the sort of deal that has eluded all three men for the last two years. Perry has met with both Dewhurst and Craddick. Several senators, apparently at the behest of Perry -- who badly needs a school finance bill -- and Dewhurst -- who badly wants one -- have been calling House members to see whether they're anxious to come back to Austin. The theory, apparently, is that legislators confronted by angry constituents will want to come back to Austin to finish the job. In Austin, Perry is trying some shuttle diplomacy to see whether he can get the two legislative leaders on the same page, the better to try to get the House and the Senate moving in the same direction. One plan, which is under discussion but to which no fingerprints can adhere, would start with the $2 billion to $2.5 billion that's in the state treasury but which went unspent when school finance fell apart. Add to that the roughly $1 billion that a $1 additional tax on cigarettes would produce. If lawmakers can close the two biggest loopholes in the state franchise tax -- one is the Delaware Sub and one is called the Geoffrey's loophole -- they'd get another $750 million to $800 million. That's enough money to get a 25-cent cut in local school property taxes and to cover other spending that tax cut would trigger (the school finance system is a tricky thing). And that might be enough to buy political cover for Perry and anyone else who's in trouble because of what the Lege didn't do during the first five months of the year. Timing is a problem, if not for the schools, then for the politicians. A quick fix on school finance might put changes in place in time for the school districts to figure new budgets, but it wouldn't deliver goodies to taxpayers before next year's primary elections. It takes a while for a property tax cut to wend its way through school budgets, tax authorities, mortgage escrow accounts and the like. That was one reason lawmakers tried to solve this mess in a special session a year ago; a solution then would have produced results -- and presumably, happy taxpayers and voters -- in time for the March 2006 elections.

Special Session, the weekly public television show on the Texas legislative session, is airing its last episode, but they put the whole season up on the Internet if you want to relive your wins and losses.Paul Stekler, a documentary maker based at the University of Texas at Austin, put together a team of film and TV wizards to assemble the show, a combination of short films, long interviews, and talking heads (disclosure: our editor was on the panel a few times). They managed to get it on more than a dozen public television stations around the state, something of a feat. The whole season is (or will be) online at www.klru.org/specialsession.

The federal judges who okayed the current congressional maps in Texas have, on reconsideration, approved them again.Their opinion can be downloaded here: www.texasweekly.com/documents/20050609redistricting.pdf Texas Attorney General Greg Abbott, in a statement, said the ruling "should end the matter, and it is time to move on." Nina Perales, a San Antonio lawyer who represents the G.I. Forum, said she is still digesting the opinion but said her clients "are as unhappy with this now as they were in 2003" when the court first ruled. Officially, the lawyers on the losing side are still talking to their clients and reading the opinion and all that. Unofficially, they plan to appeal. Cases like this go straight from the three-judge trial court to the U.S. Supreme Court, and that would be the next stop on the appeal express. A quick history, in case you haven't been thinking about redistricting in your spare time. Several different groups sued to stop the state from putting new congressional maps in place, including Texas Democrats, congressional Democrats, the G.I. Forum, and the Texas NAACP. They had different angles, variously arguing that the maps were overly (and unconstitutionally) partisan, that they were drawn to minimize the voting power of minorities, and broadly speaking, that the new maps removed some Texans' a reasonable chance to elect candidates of their choice to the U.S. House. Three federal judges were impaneled to hear the case. They ruled in the state's favor, saying the new congressional maps are legal. The plaintiffs appealed to the Supremes, who had been working on a different redistricting case from Pennsylvania. Instead of ruling on the Texas maps, the high court sent the case back to the three-judge panel and told them to view it through the filter of the Supreme Court's ruling in the Pennsylvania case. What came down this week is that ruling. The Pennsylvania case -- styled Vieth vs. Jubelirer -- was based on the idea that partisan gerrymandering had resulted in an unfair map that disenfranchised some voters. The Supremes decided that wasn't the case, but the justices weren't in agreement on several points. One in particular is tantalizing to redistricting lawyers and political geeks: The court left open the idea that there might be a line to be drawn between fair and unfair partisanship in the design of political districts. In this newest opinion, the Texas judges (Patrick Higginbotham of Dallas, who is on the 5th U.S. Circuit Court of Appeals, and trial judges Lee Rosenthal of Houston and T. John Ward of Marshall) say they were right about the partisan mapping the first time. That doesn't solve the puzzle about how much partisanship is too much partisanship, but without direction about what's in and what's out of bounds, the Texas judges decided the maps are fair. "We conclude that claims of excessive partisanship before us suffer from a lack of any measure of substantive fairness," they wrote. The court did say the non-competitive districts on the new map that some see as a "stain" aren't all that unusual. "The argument ignores a historical fact; the Texas delegation has enjoyed non-competitive districts for at least the past four and a half decades, long before there were two political parties of any strength in the state," the judges wrote. They agreed with the state's argument that the new maps produced a big swing from the Democrats to the Republicans because the old map was unfair and the new map was a truer reflection of the voting strength of the two parties. They limited the new opinion to that question about partisan gerrymandering. If the case goes up the food chain, other issues will be open just as they would have been had the Supremes heard the original appeal. One of those -- whether mid-decade redistricting violates constitutional standards of "one man, one vote" -- got the Texas judges' attention, though they didn't rule on it, since they were concerned mainly with the Vieth case. But they did go on about it. Redistricting is required every ten years, when the census comes out. Lawmakers are required to draw districts that have the same number of people in them -- that's one man, one vote. But a mid-decade like the one in Texas is done with numbers from the beginning of the decade and ignores population changes that took place in the meantime. The argument is that the mid-decade maps violate the constitutional rule because they use out of date census numbers. And since there aren't any better numbers, the defendants contend mid-decade redistricting is unconstitutional. In a concurring opinion, Ward suggested a statewide census that would form the basis for mid-decade maps, and said he'd have tossed the congressional maps on that basis if he and the other judges weren't limited to the political gerrymandering arguments from Pennsylvania.

Political People and their Moves

Retired judge Phil Hardberger is San Antonio's new mayor, after a come-from-behind win over Julian Castro, a city councilman whose twin brother Joaquin Castro, is a state representative.Castro, 40 years Hardberger's junior, finished first in the first round, but third-place finisher Carroll Schubert endorsed Hardberger. The former judge went on to win a runoff election that saw turnout rise by about 15,000 voters over the original election. The final (unofficial) margin: 3,829 votes, out of 129,831 cast.

Chris Bell's exploratory campaign for governor turns to House parties to gin up support and some money, in small increments, for a possible run. The former congressman, a Houston Democrat, is doing those in Washington, D.C., Chicago, Tulsa, and eight cities in Texas, and tied them to the anniversary of Bell's ethics complaint against U.S House Majority Leader Tom DeLay, R-Sugar Land. In places where the campaign is asking for money, it's asking for relatively small amounts -- $25 and $50.

Two candidates have signed up with the Texas Secretary of State to run in HD-143 to replace Rep. Joe Moreno of Houston, who died in a truck accident during the legislative session.The list so far includes only Democrats: Charles George, a 58-year-old corrections officer; and Laura Salinas, a 28-year-old "leasing administrator." The election is set for November 8; candidates have to sign up, officially, by October 11 to get on the ballot. Ana Hernandez, an attorney who's been successful winning support from other state officials from Houston, hasn't filed paperwork with the SOS.

Former Comptroller John Sharp, after consecutive losing races for Lite Guv (to Rick Perry and David Dewhurst), is talking about a gubernatorial run.So far, it's blog-fodder; nobody seems to want to go on the record about it, and Sharp didn't call us back. Ahem. Also: The Dallas Morning News has Austin consultant Mark McKinnon talking to the John McCain camp about helping with the Arizona senator's possible presidential campaign. McKinnon worked for several Texas Democrats before signing on as an advisor/adman for George W. Bush, who benefited from his help in both his first run and his reelect. McKinnon told the paper nothing official has happened. McCain's chief political advisor is Texan John Weaver, formerly of Kermit.

Geeslin, Hill, Stromberger, Shelby, Erben, and WestAs expected, Mike Geeslin got the insurance commissioner job that was emptied by the retirement of Jose Montemayor. Geeslin, a former aide to Gov. Rick Perry and the most recent deputy to Montemayor, has been acting commissioner. First order of business: Absorb the Texas Worker's Compensation Commission into the Texas Department of Insurance. Lawmakers folded the bigger agency into the smaller one in the most recent session. Former Texas Attorney General and Supreme Court Chief Justice John Hill is collaborating with Ernie Stromberger on a history of Hill's tenure as AG. Stromberger was out of the Capitol press corps by the time Hill became AG in 1972, but worked on Hill's gubernatorial campaign in 1978 and then stayed in touch. He's doing interviews with Hill's former assistants and others on matters like the legal battles over Howard Hughes' will. Michael Shelby, who announced last month he's resigning from his job as a Houston-based U.S. Attorney last month, is signing up with Fulbright & Jaworski. After all those years as a prosecutor, he's going to head the firm's white collar crime defense team. Shelby will work out of the law firm's headquarters in Houston. Andy Erben left KB Homes, where he's been working a combo gig as a lobbyist and exec, to move back to the lobbying end of the spectrum. He ran for the coast -- honest -- and says he'll make his next move later in the summer. Felton West, a longtime reporter at the Houston Post who went on, in his alleged retirement to get active in other things -- he was a Liberty Hill City Councilman, for instance -- is fighting cancer. He can be reached at Sagebrook Health Center in Cedar Park (outside of Austin).

State Rep. Harvey Hilderbran, R-Kerrville, won't make a run for Texas Agriculture Commissioner and says he'll seek reelection, with a caveat.The caveat has been reported here and elsewhere: He says he is "very seriously interested" in running for Congress if U.S. Rep. Henry Bonilla, R-San Antonio, runs for U.S. Senate. That run is conditioned on U.S. Sen. Kay Bailey Hutchison's decision in the coming weeks of whether or not she'll seek reelection. Hutchison is mulling a run for governor against Rick Perry. Hilderbran was serious enough about the Ag Commission race to print up glossy color flyers for the GOP state convention last year, listing Ernie Angelo of Midland as his treasurer. The Ag race is open no matter what: Susan Combs says she's running for comptroller next year and freed others to throw in their hats. Everybody else in this deal is waiting on Hutchison.

David Sibley Jr. is mulling a run for a Waco seat in the Texas House.That's a good ballot name up there: He's the son of former state Sen. David Sibley, R-Waco, a law student at Baylor and a Republican. Potential issues include tax votes by freshman Rep. Charles "Doc" Anderson, R-Waco, who stuck with a slight majority to move the ill-fated school finance package to the Senate during the legislative session.

Before the spin machine goes to work, here's what U.S. Sen. Kay Bailey Hutchison had to say about running for governor. She talked to a gaggle of reporters after speaking at the investiture of Priscilla Owen.Hutchison, unfiltered: "Certainly, I am in the home stretch of making the decision for what's right for Texas. "As you know, I tried to stay out of the fray during the legislative session because there are so many important issues facing the Legislature. I am disappointed, like everyone, that school finance and especially, relief for the property taxpayers of our state, were not addressed. "I do hope that the governor chooses to call a special session now. In the budget, there is an allocation for teacher pay raises, for judge pay raises, for the buying of textbooks on time. And I think it's time that we have that session to do what's right in the budget, and I don't think our teachers should start in the fall not having the pay raises that we meant for them to have. "So it is my hope that this is not over and I certainly would like to withhold anything further until the Legislature has the chance to come back and address these issues. We should take the schools out of the courts and put it back in the hands of elected officials and the people of this state. "I've tried to stay out of the political fray. You will notice that during the whole regular session that... I've tried to stay out of the way, so that school finance, giving teacher pay raises, giving property tax relief to the people of Texas would be addressed by the Legislature. "I know the Legislature tried to do it. I think we need leadership to be shown now more than ever to do what is right for our state. Texas is the greatest state in America. I want us to be the example of how to do things right. I want other states to look to us to be the state that has the creativity and the innovation to do what's right to keep our state the best. That's my goal and I hope that is what is shown by all of our elected leaders in the future. "I think that's probably about all I need to say today." A spokesman for Gov. Rick Perry said the guv also wants lawmakers to come back and also doesn't think they've done their jobs on school finance. From Robert Black: "The fact of the matter is, the governor believes they haven't finished their work." Rep. Kent Grusendorf, R-Arlington, put out a statement after hearing Hutchison's remarks, saying he's ready to call hearings of the House Public Education Committee (he chairs it) on any plan she offers. "As Govs. Bush, Clements, and Richards all learned before, there is nothing as complicated, complex, or challenging as school finance."

Priscilla Owen concludes a very long job interview.Four years and a month after President George W. Bush nominated Priscilla Owen for a spot on the 5th U.S. Circuit Court of Appeals, she took the oath of office. Owen was sworn in during a closed ceremony in the Texas Supreme Court chambers, surrounded by family, current and former members of the state's high court and other courts, and a mess of law clerks, court staff and news reporters. Owen is one of a handful of judges whose confirmations stalled during partisan warfare in the U.S. Senate. Democrats said she and the others were so conservative as to be unsuitable for the appellate courts; Republicans said they all deserved up or down votes from the GOP-dominated Senate. A deal that headed off an impasse over filibusters also gave Owen a vote, and she won confirmation. Owen sat between U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry. All three spoke briefly, as did Chief Justice Wallace Jefferson, Justice Nathan Hecht, and Judge Carolyn Dineen King, the chief judge on the New Orleans-based court and in that, Owen's new boss. Owen took the oath from Hecht, while her mother held Sam Houston's Bible for the newest federal judge from Texas. Perry will get another appointment to the court, naming a justice to replace Owen. He appointed all but three of the court's current justices (several have since won election) and five -- including Owen's replacement -- will be on the ballot next year.
Ellen Cohen, currently the president/CEO of the Houston Area Women's Center, is planning to run against Rep. Martha Wong, R-Houston, in next year's elections.HAWC is a shelter for abused women, and Cohen has been running it for 15 years. She's a Democrat, and that's one of a handful of seats on the Texas legislative map that could be won by either party.
Terry Keel has been a state representative, Travis County sheriff, first assistant to District Attorney Ronnie Earle, and now he wants to be an appeals court judge.Keel won't run for reelection at the end of his current (fifth) term in the House, but will run for an as yet unspecified spot on the court. He didn't say which court yet because the announcement triggers campaign finance requirements, filings and all that, but he did mention the Texas Court of Criminal Appeals and the state's 3rd Court of Appeals as possibilities. He says he's got about $200,000 in his campaign finance accounts, but that can't be moved to a judicial campaign. He'll use it for regular office-related expenses during the next 18 months, for charity, and to contribute to other candidates. Keel hasn't blessed a successor and said nobody had surfaced at the time of his announcement. At the end of his current term, Keel will be eligible to start collecting legislative retirement benefits when he's 50; he's 47 now. And he said his actions on judicial pay raises don't affect his ability to run. He said he was "present, not voting" on judicial pay during the session, not because of his ambitions but because his sister is a state district judge and he didn't want the appearance of a conflict. State law says lawmakers can't raise the pay for an office and seek it in the same budget cycle; Keel says attorney general opinions make it clear that his votes, had he cast them, would not have been a problem. Keel's feuding with Sen. Rodney Ellis, D-Houston, over funding for indigent defense killed a 23 percent judicial pay raise that had been passed in different forms by both the House and the Senate. That same battle put Keel at odds with Texas Supreme Court Justice Wallace Jefferson. Keel said Jefferson threatened to cause him political problems if the raise didn't go through; Jefferson said later that Keel misunderstood him.
Pat Carlson, chairwoman of the Tarrant County Republican Party for the last five-and-a-half years, says she'll run for the Texas House next year in HD-91.She's a Fort Worth native who has lived in Grapevine for 25 years; she and her husband are moving back to Fort Worth and into the district. She's been in three school board elections but says she has never held public office (unless you count the GOP gig). That's not an empty seat, but it might be: Rep. Bob Griggs, R-North Richland Hills, is the current occupant and just finished his second regular legislative session. Griggs, who says he set aside longstanding retirement plans to run for the House in 2002, is deciding whether to stick around and says he'll make the call in September. He's been open about it, but is still competitive enough to say nobody is going to beat him if he seeks another term. Whether Griggs stays or not, Carlson says she'll be in the race.