A Dog's Breakfast

Maybe it's a failure of imagination, but we don't see an overarching narrative line in the results of this week's primaries. It's like sitting with a palm reader who, after five minutes of scrutiny looks up and says, "Well, this is interesting."

When people look back on this one, turnout might be the remarkable feature. It stunk. With some counts still out, it appears the Republicans attracted 661,797 voters, or 5.2 percent of those registered, and the Democrats attracted 522,064, or 4.1 percent. Put it this way: 9 of 10 registered voters is eligible to sign a petition for Kinky Friedman or Carole Keeton Strayhorn.

• Nobody in the state's congressional delegation got beat. U.S. Rep. Henry Cuellar, D-Laredo, comfortably beat former U.S. Rep. Ciro Rodriguez, D-San Antonio, getting almost 53 percent of the vote. And former House Majority Leader Tom DeLay, R-Sugar Land, got 62 percent in the GOP primary, living to face Democrat Nick Lampson in November in a race of national interest. Van Taylor, the richer of the two Republicans seeking to challenge U.S. Rep. Chet Edwards, D-Waco, and the one with the Iraq war on his resume, won that primary with about 54 percent.

• Six incumbent state legislators — a senator and five House members — lost their bids for reelection. Frank Madla, D-San Antonio, in incomplete returns, managed only 43.1 percent against his challenger, Rep. Carlos Uresti. Diane Patrick, R-Arlington, beat House Public Education Chairman Kent Grusendorf in a race seen in Austin as a referendum on leadership plans for education. Truth be told, it's also a story (as is the Madla saga) about an incumbent going unchallenged for a long time, getting careless about his local politics, and then getting up too slowly when serious competition finally arrived; your previous case study, two years ago, was House Appropriations Chairman Talmadge Heflin, R-Houston. Two more incumbents from the Dallas area are out, though by possibly recountable margins: Jesse Jones, D-Dallas, lost to Barbara Caraway by 68 votes, and Elvira Reyna, R-Mesquite, lost to Thomas Latham by 64 votes.

• Two of the so-called Leininger Five — Roy Blake Jr. of Nacogdoches and Carter Casteel of New Braunfels — lost to Republican challengers. Former Rep. Wayne Christian, R-Center, beat Blake with plenty of room to spare, getting 56.2 percent. Nathan Macias of Bulverde had a 45-vote margin over Casteel, out of 20,307 votes cast; that'll likely lead to a recount. Three others — Charlie Geren of Fort Worth (54.9 percent), Delwin Jones of Lubbock (60.2 percent), and Tommy Merritt of Longview (58.5 percent) — won handily.

• There'll be a runoff for U.S. Senate, between Barbara Ann Radnofsky, who got 43.4%, and Gene Kelly, who got 37.4%. She campaigned but didn't advertise much; he did neither.

Chris Bell is the Democrats' nominee for governor, getting 63.7% of the vote and putting Bob Gammage to bed. Bell got 82 percent in Harris County, the place that sent both men to Congress, a couple of decades apart. And he got 80.7 percent in Fort Bend County, home of Tom DeLay. Bell's ethics complaint against DeLay in Congress broke a longstanding truce between the political parties and was one of the first signs of DeLay's current political trouble. Gammage won in four counties, all in Central Texas: Llano, Gillespie, Burnet and Blanco.

• In the GOP gubernatorial primary, Gov. Rick Perry got 84 percent against three no-names.

• There will be a runoff for lite Guv between Maria Luisa Alvarado (39.9%) and Ben Z. Grant (38.7 percent) on the Democratic side. Grant, with less than 40 percent of the vote, had the only non-Hispanic name in that contest. Another fun fact: The race for lieutenant governor got more votes on the Democratic primary ballot than either the U.S. Senate race or the race for governor. On the GOP side, Lt. Gov. David Dewhurst got 78 percent against Tom Kelly, a political unknown. And over there, the governor's race was the biggest vote attractor.

• In HD-38, Eddie Lucio III will apparently join his dad in the Lege. Lucio the elder is in the Senate; the younger won the Democratic primary for a House seat.

• In Laredo's HD-42, Richard Raymond came up 38 votes from an outright win over three challengers, including former Webb County Judge Mercurio Martinez, who came in second.

• In HD-146, Rep. Al Edwards, D-Houston, came close to an outright win, but for want of 121 votes, he'll face Borris Miles in a runoff.

• And in HD-72, Rep. Scott Campbell, R-San Angelo, will face a runoff with Drew Darby, who finished first in a three-way race there. Number three in that contest, Kevin Housley, endorsed Darby in the runoff against Campbell.

• A couple of other Republican House members with stiff challenges both won, but in HD-78, where El Paso Rep. Pat Haggerty beat Lorraine O'Donnell by 96 votes, watch for a recount. Rep. David Swinford, R-Dumas, was in trouble a few weeks ago, but won pulling away. He got 57.5% against Anette Carlisle.

• Courts: Justice Don Willett had a skinny win over former Justice Steve Smith for the Texas Supreme Court, getting 50.5 percent and winning by 5,441 votes out of 555,399 cast. Sharon Keller, presiding judge of the Texas Court of Criminal Appeals, beat back a challenge from Tom Price, who'll remain in his seat on that court. And Charles Holcomb and Terry Keel will run for Holcomb's spot on that court; Robert Francis of Dallas is out of that one.

• Republican voters put three folks running in open seats on trajectories for the Texas Senate. In SD-3, former highway commissioner Robert Nichols, R-Jacksonville, got 54% in a four-man field. In SD-7, radio talk show host Dan Patrick, R-Houston, got 69% in a wildly expensive four-way that included two state reps and a Houston city councilman. And in SD-18, Rep. Glenn Hegar, R-Katy, got 55% in his primary.

Dismemberments, Voluntary and Involuntary

Five senators and at least 17 House members will be in office for a special session this spring knowing they won't return for a regular session next January.

Another three House members are in primary runoffs and will know on April 12th whether voters want them around after the end of the year.

With the exceptions of two House members who hope to be in the Senate next year, those legislators will be voting as if their political futures don't depend on it. They've got nothing to lose, feeding speculation about the prospects for a tax bill and about the political stability of Speaker Tom Craddick, who's expected to seek another term in the House's top job when the Lege convenes next January.

Five senators are on the farewell tour: Ken Armbrister, D-Victoria; Gonzalo Barrientos, D-Austin; Jon Lindsay, R-Houston; Frank Madla, D-San Antonio; and Todd Staples, R-Palestine.

In the House, the Dead Members Walking include Reps. Roy Blake Jr., R-Nacogdoches; Carter Casteel, R-New Braunfels; Mary Denny, R-Aubrey; Bob Griggs, R-North Richland Hills; Kent Grusendorf, R-Arlington; Peggy Hamric, R-Houston; Glenn Hegar Jr., R-Katy; Ruben Hope Jr., R-Conroe; Bob Hunter, R-Abilene; Suzanna Gratia Hupp, R-Lampasas; Jesse Jones, D-Dallas; Terry Keel, R-Austin; Pete Laney, D-Hale Center; Joe Nixon, R-Houston; Elvira Reyna, R-Mesquite; Jim Solis, D-Harlingen; Carlos Uresti, D-San Antonio. Put asterisks next to Hegar and Uresti; they won primaries for Senate seats and might be back in bigger offices.

A few House incumbents have runoff elections ahead of them and will find out next month whether they're dead or alive, politically speaking: Reps. Scott Campbell, R-San Angelo; Al Edwards, D-Houston; and Richard Raymond, D-Laredo.

Three members will serve in the special session for the first time, getting their first bite at school finance: Kirk England, R-Grand Prairie; Ana Hernandez, D-Houston; and Donna Howard, D-Austin. All three won special elections to replace members who died or resigned.

And then there's a group that won't be named until November: Members who will find out in the general election that they are currently serving their last term in the Legislature. But they'll be voting and behaving in a special session as if they're coming back; the free agents are the people who'll know during the special session that their days of political risk — and perhaps, caution — are behind them.

It Cost How Much?

Even when there aren't any notably expensive statewide races, state races can be expensive. Even for losers. We took some of the most competitive and expensive battles and charted the costs and the costs per vote. One Senate race — the SD-7 contest in Houston — cost the candidates well over $2 million. And one of the losers — Rep. Joe Nixon — was in for more than $206 per vote. (Click on the chart to download a printable .pdf version.)

Money and votes in some competitive and expensive legislaltive primary races

 

Up or Out

Legislators seeking higher offices got mixed results on Election Day.

Sen. Todd Staples, R-Palestine, didn't have an opponent in the GOP primary for agriculture commissioner; he's okay so far. Rep. Terry Keel, an Austin Republican who was the only other lawmaker seeking statewide office, will be in a runoff against incumbent Judge Charles Holcomb for the GOP nomination to the Texas Court of Criminal Appeals.

Houston Republican Reps. Peggy Hamric and Joe Nixon finished second and third in a race for state Senate. Reps. Glenn Hegar Jr., R-Katy, and Carlos Uresti, D-San Antonio, won their primaries for state Senate and move to the next round. Uresti beat Sen. Frank Madla; Hegar was running for Ken Armbrister's spot since the Victoria Democrat didn't seek another term.

Rep. Ruben Hope Jr., R-Conroe, decided he'd rather be a state district judge than serve a fifth term in the House. Now he's headed for a runoff. He got 32 percent of the vote in a six-person race for the 258th District Court. He'll face Cara Wood, who got 25 percent, on April 11. The last-place finisher in that field is a former House member: Keith Valigura.

New Kids on the Block

The Texas Parent PAC, formed as a foil to state legislators who have resisted higher spending on schools while pushing state-level reforms in public education, endorsed a slate of candidates from both parties in their first outing as a political group.

The group endorsed all five Republican incumbents challenged by candidates financed by Dr. James Leininger of San Antonio, a voucher advocate whose views the TPP opposes: Reps. Roy Blake Jr. of Nacogdoches, Carter Casteel of New Braunfels, Charlie Geren of Fort Worth, Delwin Jones of Lubbock, and Tommy Merritt of Longview. Blake and Casteel lost.

The group endorsed four Republicans in open-seat contests: Jimmie Don Aycock of Killen in HD-54; Anne Lakusta of Flower Mound in HD-63; Drew Mouton of Big Spring in HD-85; and Vicky Rudy of Montgomery in HD-16. Their pick in the open SD-3 was Republican Bob Reeves of Center. Mouton, Rudy and Reeves all got beat; Aycock and Lakusta are in runoffs.

The group targeted six incumbent Republicans: Betty Brown of Terrell in HD-4; Larry Phillips of Sherman in HD-62; Scott Campbell of San Angelo in HD-71; David Swinford of Amarillo in HD-87; Kent Grusendorf of Arlington in HD-94; and Elvira Reyna of Mesquite in HD-101. Grusendorf and Reyna got beat and Campbell's in a runoff. Brown, Phillips and Swinford all won.

No incumbent Democrats were on their hit list, but they endorsed several who were challenged in their primaries, including Dora Olivo of Missouri City in HD-27; Richard Raymond of Laredo in HD-42; Juan Escobar of Kingsville in HD-43; Chente Quintanilla of Tornillo in HD-75; Norma Chavez of El Paso in HD-76; Joe Pickett of El Paso in HD-79; Helen Giddings of Dallas in HD-109; Jesse Jones of Dallas in HD-110; Kevin Bailey of Houston, in HD-140, and Garnet Coleman of Houston in HD-147. Raymond's in a runoff and Jones lost; the rest won.

Include Carole Out

Railroad Commission Chair Elizabeth Ames Jones entered the final weekend with endorsements from every non-judicial statewide official except for Comptroller Carole Keeton Strayhorn. An aide to Jones says they didn't ask for the comptroller's blessing. Strayhorn, the top vote getter of any GOP candidate four years ago, is running as an independent against Gov. Rick Perry, who appointed Jones to the RRC.

Strayhorn wouldn't have endorsed Jones if she'd been asked, as it turns out. Doing so, in the view of Strayhorn's attorneys, would have put her independent candidacy at risk. Like the voters who sign their petitions, independent candidates disqualify themselves if they vote in primaries. But for the candidates, it goes further. Strayhorn's camp interprets the law to say she can't take part in any activities of a political party: endorsing their candidates, voting in their primaries, going to their functions, you name it. Jones did her a favor by not asking for her support.

End Notes

U.S. Rep. Tom DeLay, R-Sugar Land, closed with an email to supporters telling them to turn out because Democrats were seen early-voting in GOP primaries. And phone bank robo-calls carried messages from DeLay himself, from Fort Bend County Judge Bob Hebert, from Galveston County Tax Assessor-Collector Cheryl Johnson, and from the state's top lawyer. To wit:

"This is Attorney General Greg Abbott with an important reminder that Election Day is this coming Tuesday, March 7th. Congressman Tom DeLay has been attacked by liberal Democrats from across the country. Now it's time to show these Democrats we stand for our conservative congressman and will support Tom in this election. More than ever, we need a congressman who isn't afraid to take on the Democrats and fight for our conservative Texas values. I hope you will join me in supporting our friend, Tom DeLay. Please vote for him on Tuesday."

Van Taylor, trying for the Republican nomination to challenge U.S. Rep. Chet Edwards, got a late visit from his friendly neighborhood governor. Rick Perry endorsed Taylor over fellow Republican Tucker Anderson. In a taped message that Taylor stuck on his website (at www.vantaylor.com), Perry said he's the better candidate to take on Edwards in November. Public squabbling between the Republican candidates and between the county chairs of the GOP in that district got the incumbent's attention. Edwards campaign emailed news clips to political reporters with the snarkiest parts of the GOP dogfight highlighted in bright yellow.

• Democratic gubernatorial candidate Chris Bell closed the Austin part of his primary campaign with a Sunday rally featuring an endorsement from Sen. Gonzalo Barrientos, D-Austin. The two won't serve together, even if Bell wins: Barrientos isn't seeking reelection.

• The loudest of the state's Senate primaries ended with Sen. Frank Madla, D-San Antonio, debating an empty chair on television and with Rep. Carlos Uresti's campaign advisors filing an ethics complaint against Madla. The TV debate was set up when Uresti said he'd joust anytime and anyplace. He backed out, but the show went on without him and Madla got an open forum.

Meanwhile, the Uresti camp complained to the local DA that Madla's campaign accounting didn't include all of the money it should have. His numbers don't match those filed by Texans for Lawsuit Reform, according to the complaints. The PAC reported giving $655,707 while Madla reported receiving $36,772. Madla's camp says it's a timing issue and that the numbers will match when the report dates synchronize.

Somebody out on the Internet sent a note to Uresti's campaign that was scribbled on the bottom of an email that appears to have come from Helen Madla. The email urges people to vote on "Tuesday, May 6th." The note scribbled at the bottom: "You should win your election Representative Uresti because Senator Madla's wife doesn't know when election day is." Whatever the reason, Uresti ended with 56.9 percent to Madla's 43.1 percent.

• Gov. Rick Perry hit three hot spots on election eve, making campaign visits to Reps. Kent Grusendorf, R-Arlington, Vicki Truitt, R-Keller, and Elvira Reyna, R-Mesquite. Truitt was the only winner in the bunch.

Diane Patrick — the Republican school board member who defeated House Education Grusendorf, R-Arlington — took a late hit from several local conservatives who disagreed with her votes on textbooks as a member of the State Board of Education in 1994. That was one of Grusendorf's themes, and he got reinforcements: Tarrant County GOP Chair Stephanie Klick, former Chair Steve Hollern, and former Christian Coalition Chair Scott Fisher held an election eve presser to take his side. Patrick ended last week with an ethics complaint against Grusendorf, accusing him of passing out anonymous flyers. Those handouts were put on tables at a candidate forum and were targeted at those textbook votes by Patrick. The flyer included pictures of naked men, according to the Patrick camp. Grusendorf denied having anything to do with them and suggested the Patrick campaign handed them out to generate a sympathetic backlash.

Martin Rogoff, one of the GOP precinct chairs whose name was on a letter endorsing Senate candidate Dan Patrick, pulled his name and said he'd be voting for Rep. Joe Nixon in that Houston-area contest. Rep. Corbin Van Arsdale sent out an email critical of Patrick and his campaign; Van Arsdale said he'd been attacked for his support of Nixon. Rogoff said he was joining Van Arsdale and didn't get a look at the endorsement letter that had his name on it. He said he doesn't "want to be associated with the tactics of the precinct chairs that are viciously supporting Dan." Nixon's camp, meanwhile, said Patrick listed the support of 117 GOP precinct chairs in a recent mailer and adds that 29 of them aren't actually precinct chairs. Patrick got 69 percent in a four-person field that included him and three elected officials.

• First Lady Anita Perry opened a get-out-the-vote email with a sure indication that the people in the Governor's Mansion weren't worried: " While there aren't any high profile statewide contests that are grabbing headlines, there are still many races that are critical to the future of our great state." Her husband, Gov. Rick Perry, had three primary opponents.

Political People and Their Moves

Former Gov. Ann Richards asked her doctors about an odd feeling in her chest and, after some tests, found she has esophageal cancer. She's seeing doctors at M.D. Anderson in Houston for more testing, diagnosis, and treatment.

Aides to Carole Keeton Strayhorn aides say consultant George Shipley isn't on the payroll yet, but they expect him to be helping the campaign. For those just tuning in, that would mean that a Republican state comptroller running as an independent has one of the state's prominent Democratic consultants among her advisors. Shipley has been an advisor to a long list of Democrats over the years, including Ann Richards, Bob Bullock, Dan Morales, Henry Cisneros and Judith Zaffirini. In recent years, he's been working with the five lawyers who won a huge settlement for the state from the tobacco industry.

Two hot-handed Democrats have decided to put a logo and a website on their partnership; Kelly Fero and Jeff Hewitt are calling the enterprise Fero Hewitt Global. Their recent campaign collaborations include wins with Austin Democrat Donna Howard, who won a House seat over a favored Republican, and Rep. Carlos Uresti, who beat incumbent Sen. Frank Madla of San Antonio in the Democratic primary. They've got a website: www.ferohewitt.com.

Caasi Lamb is moving from the House Appropriations Committee, where she was director, to Speaker Tom Craddick's office as a policy analyst for corrections, business and industry and government reform. Andrew Blifford will take over the House committee's budget staff. He's worked for Appropriations Chair Jim Pitts, R-Waxahachie, for the last three-and-a-half years, most recently as legislative director.

Take the "interim" off the executive director title on Pat Sweeney Robbins' desk. The board of the Associated Republicans of Texas elected her to replace Norm Newton, who got the job in 1975.

Newbie state Rep. Donna Howard, D-Austin, will get spots on the House Judiciary Committee and the Committee on Culture, Recreation and Tourism. House Speaker Tom Craddick assigned those after she was sworn in last week, and the assignments will hold until after the November elections, when committees are rebuilt.

Alan Johnson, a Harlingen banker and a retired U.S. Army captain, will join the Veteran's Land Board. The appointment was Gov. Rick Perry's; the chairman of the VLB is Land Commissioner Jerry Patterson. Johnson is replacing the late Mike Ussery of Amarillo.

Three appointments and a reappointment to the Texas Board of Professional Land Surveying: Nedra Foster, president of Shine and Associates in Silsbee; Paul Kwan, president of Landtech Consultants in Houston; Anthony Trevino Jr., a Laredo attorney; and Douglas William Turner of League City, also with Landtech.

Quotes of the Week

LULAC's Ramiro "Gambi" Gamboa, quoted in the Corpus Christi Caller-Times on the state's decision not to fund operations at the already-built Irma Rangel Pharmacy school: "It's plain as day. They've given us a brand new Mercedes without the tires and motors, they've given us a Whataburger without the burger."

Gov. Rick Perry, quoted by the Associated Press on his excitement on the eve of the primaries: “I've been doing this for 22 years. This is just another day at the office for me, and as will Tuesday be and then there will be Wednesday.”

Sen. Jeff Wentworth, R-San Antonio, on Dr. James Leininger's big spending on politics, in the San Antonio Express-News: "There are so many wealthy people who are interested in politics. That's just life. Those with money can by a Maserati, and those of us who don't have the kind of money have to buy a lesser car. That's just the way it works."

Leininger, in the same paper, saying his detractors are doubling his net worth when they call him a billionaire: "They're trying to paint me as this evil billionaire trying to buy the Legislature. I'm only half-evil."

U.S. Rep. Tom DeLay, R-Sugar Land, running an auction to raise money for the Harris County Republican Party and quoted by the Houston Chronicle: "I'm like a cemetery — I'll take anything!"


Texas Weekly: Volume 22, Issue 36, 13 March 2006. Ross Ramsey, Editor. George Phenix, Publisher. Copyright 2006 by Printing Production Systems, Inc. All Rights Reserved. Reproduction in whole or in part without written permission from the publisher is prohibited. One-year online subscription: $250. For information about your subscription, call (800) 611-4980 or email info@texasweekly.com. For news, email ramsey@texasweekly.com, or call (512) 288-6598.

 

The Week in the Rearview Mirror

Take a look at the primary election turnout numbers and you have to conclude that politics is way down on the list of things to worry about for most adults in Texas.Overall turnout was down 22.5 percent from the gubernatorial primaries four years ago, and the drop is completely attributable to Democrats. They had an expensive and competitive race for governor four years ago; this year, it was competitive and anemically financed. Their numbers fell to 600,529 this year from 1,003,388 four years ago, a 40.1 percent bungee jump. Republican numbers were up 8.7 percent, but their turnout wasn't anything to crow about, at 676,529. The difference between 2002 and 2006: 348,753 voters. If you want to argue that people who voted four years ago stayed home this time because they want to sign petitions for independent candidates Kinky Friedman and Carole Keeton Strayhorn, you'll have to ponder this question, which either disproves the idea or points to something interesting ahead: Were Democratic voters the only ones looking for alternatives?

Forty candidates for state office aren't done yet. They're in runoffs set for April 11. Here's the list, with the first place finisher listed first, and incumbents noted with an (i) after their names.Democrats U.S. Senate: Barbara Ann Radnofsky, Houston, 43%; Gene Kelly, Universal City, 38.2%. CD-10: Ted Ankrum, Cypress, 36.8%; Paul Foreman, Austin, 35.8%. Lieutenant Governor: Maria Luisa Alvarado, Austin, 39.8%; Ben Z. Grant, Marshall, 38.4%. HD-42: Richard Raymond (i), Laredo, 49.8%; Mercurio Martinez Jr., Laredo, 32.3%. HD-47: Valinda Bolton, Austin, 43.1%; Jason Earle, Austin, 42%. HD-146: Al Edwards (i), Houston, 48.2%; Borris Miles, Houston, 32.8%. Republicans CD-30: Wilson Aurbach, Dallas, 44.6%; Amir Omar, Dallas, 36%. Texas Court of Criminal Appeals: Charles Holcomb (i), Wimberley, 45%; Terry Keel, Austin, 30.7%. State Board of Education: Ken Mercer, San Antonio, 49.8%; Dan Montgomery (i), Fredericksburg, 35%. HD-11: Larry Durrett, Jacksonville, 42.2%; Brian Keith Walker, Tatum, 32.5%. HD-28: John Zerwas, Houston, 25.2%; David Melanson, El Campo, 16.4%. HD-47: Bill Welch, Austin, 38.5%; Alex Castano, Austin, 28.4%. HD-50: Jeff Fleece, Austin, 46.9%; Don Zimmerman, Austin, 43.7%. HD-54: Jimmie Don Aycock, Killeen, 39.1%; Dale Hopkins, Marble Falls, 28.8%. HD-63: Tan Parker, Flower Mound, 24.6%; Anne Lakusta, Flower Mound, 23.6%. HD-71: Kevin Christian, Abilene, 37.7%; Susan King, Abilene, 28.7%. HD-72: Drew Darby, San Angelo, 40.4%; Scott Campbell (i), San Angelo, 33.4%. HD-118: George Antuna, San Antonio, 49.4%; Steve Salyer, Universal City, 28.2%. HD-133: Michael Scofield, Houston, 35.1%; Jim Murphy, Houston, 33.7%. Justice, 3rd Court of Appeals: Will Wilson, Austin, 33.7%; Bill Davidson, Austin, 24.4%. Dates to note: Runoff candidates have until Friday (3/17) to thrown in the towel and concede the party nomination to their opponents. That's also the deadline for officials in each county to canvass the primary votes; the state parties do their canvassing by Wednesday, March 22. Early voting is set for the first week of April, and the runoff elections are on Tuesday, April 11.

Rep. Carter Casteel, R-New Braunfels, hired Austin lawyer Buck Wood to work on a recount. She lost by 45 votes to Nathan Macias on Election Day.

While former Comptroller John Sharp and the rest of Gov. Rick Perry's tax reform commission works on proposed revisions to the state's business taxes, they're starting to hear more noise from lawmakers and lobbyists. That's not unusual with a special session approaching, but it's dangerous for tax bills: An unprotected tax bill lasts about as long as free pot at a rock concert and isn't nearly as much fun.And a couple of Republican leaders in the House who were in the middle of the school finance battles of the last year say voting on a tax bill isn't the easiest option available to lawmakers who want to solve the problem with a minimum amount of spilled blood. Rep. Warren Chisum, R-Pampa, sent an email to his colleagues in the House questioning why they'd want to vote on a tax bill while they've got an estimated $4.3 billion sitting idle. His suggestion: Take $2.5 billion or thereabouts and put it into public schools. That's enough, according to Chisum, to lower local school property taxes by 20 cents, which would (temporarily) satisfy the courts and would also give school districts freedom to raise a little money for teacher pay or other needs. He'd allow the districts to raise up to a nickel in the first year (and up to 15 cents overall) if they want to do so and if they win approval from local voters. "You don't go down and pass a tax bill when you've got a damn surplus -- how the hell do you explain that?" Chisum said during a repair break at his place in Pampa, which was hit by the range fires in the Panhandle. Chisum said he emailed his idea to everyone in the House -- Republicans and Democrats alike. He said he hasn't heard back from most of them but added that he "hasn't heard anybody do flip-flops over this tax bill." Chisum says the presence of a surplus, the upcoming elections, and the absence of any real leverage to push legislators into an uncomfortable vote all conspire against a tax bill this spring. Sharp and others have said that spending the surplus now would set the table for a tax bill next year, but Chisum contends the state's economy might make that unnecessary right away. Rep. Jim Keffer, R-Weatherford, says he's still willing to work on a tax bill, but says the time constraints will make it difficult and says Chisum's idea might be attractive to lawmakers. "We're trying to work with the governor's office, but we've got so many dynamics... a lot of lame ducks, people coming off of tough primaries, people with tough elections in November... How do you convince people back home you're doing your job if you pass a tax bill while you've got a surplus? That's not very Republican." Keffer says it's hard to make the case for a tax bill right now, but he's quick to say he's not trying to pour cold water on Perry or Sharp or the tax panel. "We just have to deal with life as it is and not life as we'd like it to be," he says. A special session on taxes for schools, unless it's carefully orchestrated, could open members to sniping from within and without the House. And Keffer says the businesses that are in favor of a tax bill won't be nearly as loud as those that are against it. That sort of noise can be unnerving in an election year. Speaking of November, he says there's another obstacle, and it's named Carole Keeton Strayhorn: "Strayhorn is still running for governor and she's still the comptroller and she still controls the numbers..." Whether the fix is to spend the surplus or pass a tax bill, he says, "we all want to be successful and we all want to make sure the schools open."

If you're making plans for April, you must be trying to avoid the Texas Legislature.We're hearing from two schools of thought on special sessions at the moment, both in April. One would have a session starting on April 4, which would put runoff elections and a long Easter/Passover weekend in the middle of the tax bill. We're also hearing April 18, which would start the race to June 1 with the first round of elections and the holiday out of the way. While we're monkeying around with this, it would be risky to bet that the Tax Reform Commission will vote out a proposal next week. That could still happen, but there's some sentiment that waiting until closer to the special session would be smarter. That would reduce the amount of time the proposal is exposed to snipers who don't like it.

An irked U.S. Bankruptcy judge in San Antonio, Leif Clark, fired off a written order denying a motion because it was incomprehensible, and he ended it with a footnote just to make sure the lawyers in the case got the point:"Or, in the words of the competition judge to Adam Sandler's title character in the movie, "Billy Madison," after Billy Madison had responded to a question with an answer that sounded superficially reasonable but lacked any substance, Mr. Madison, what you've just said is one of the most insanely idiotic things I've ever heard. At no point in your rambling, incoherent response was there anything that could even be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul. Deciphering motions like the one presented here wastes valuable chamber staff time, and invites this sort of footnote."

Republicans have a beef with reporters and others who say legislators didn't endorse challengers to incumbents in their own parties before this year. The Democrats were doing it two years ago, they point out (correctly).It's still unusual, and it doesn't make for great relationships when the Lege convenes. This year's big example: Five Republicans endorsed Chris Hatley, who lost to Rep. Charlie Geren, R-Fort Worth, in spite of having bottomless financing and campaign help from the Texas Republican Legislative Campaign Committee and its only real funder, Dr. James Leininger of San Antonio. That's the first time we're aware of Republican-on-Republican dog-piling publicly in a legislative race (holler if you have an earlier example). It's newsy in part because it marks the end of the Reagan Rule -- Thou shalt not speak ill of another Republican -- in Texas GOP primaries. The Democrats did something similar this year -- with Houston incumbents like Rep. Garnet Coleman backing opponents of Rep. Al Edwards. And a group of Houston Democrats went after Rep. Ron Wilson, also a Democrat from Houston, two years ago, endorsing his opponent, Alma Allen, who's now a state representative. Republicans go after Democrats all the time, and vice versa, but it's unusual for Republicans to go after their own, at least overtly.

January might be a better deal for those who want to overhaul school finance and make changes to education, even if it makes it harder to pass the tax bill Rick Perry and John Sharp are promoting.Gov. Rick Perry has said he wants new state income from a revised business tax to replace local school property taxes. The Legislature has to put more state money into public schools if it wants to keep up education standards while easing pressure on local property taxes. The Texas Supreme Court has given the other branches of state government until June 1 to change school finance formulas in a way that gives local schools meaningful control over their own property taxes. House Speaker Tom Craddick and Lt. Gov. David Dewhurst agree -- probably by accident -- that they'd like to do some education reform. And in the past, both the House and the Senate have tied school finance and education reforms together, effectively piggy-backing education reform -- which isn't required -- on school finance reform -- which is required by the courts. The push by some House leaders to put off school finance reform until the regular session next year could thwart Perry, who's looking for a big win on school finance in a competitive election year, while it also helps Craddick and Dewhurst get the other goodies they want. Perry has said his agenda for the special session will be school finance and nothing else. His worry is that education reform and other issues could lower chances of a school finance fix, or that general horse trading on side issues would spoil things. Former Comptroller John Sharp, who heads the Perry-appointed committee that's trying to cook up a tax bill, has said bringing other issues into play would kill a rare chance to overhaul the state's primary business tax. But in the House, where tax bills have to start, there's noise about that tax bill and a sentiment among some of Craddick's lieutenants to use a multi-billion-dollar budget surplus to patch school finance until next year's regular session. That group, led for the moment by Rep. Warren Chisum, R-Pampa, doesn't think voters will sign off on a tax bill when there's money laying around. Plus, putting off the tax bill gets them out of the election season. It would also be a boon to legislators who want various sorts of education reform. A long-term solution to school finance has to pass, and anything attached to it would pass, too. January might be a better deal for those who want to overhaul school finance and make changes to education, even if it makes it harder to pass the tax bill Perry and Sharp are promoting.

Some businesses like the tax proposal floated, but not yet voted on, by the governor's tax reform commission. But some key groups still think the overall tab is too big and squirm at the idea of replacing personal taxes with business taxes in a state that already puts a relatively heavy load on business taxpayers.Start calling around on the idea and you'll stumble across a Council on State Taxation report that says Texas businesses carry 60.2 percent of the state and local tax burden (Ernst & Young, the accounting firm, did the numbers for the CST). Only three states? Wyoming, Alaska, and South Dakota -- put greater shares of the tax load on businesses, according to that 2005 survey. Nationally, the average business paid 43 percent of the state and local taxes in its locale. Spin the numbers a different way: State and local business taxes in Texas equal 5.8 percent of private sector economic activity; no other big state is in that ballpark, and the national average was 4.3 percent. Former Comptroller John Sharp has told various groups that the tax reform panel he chairs is trying to raise enough money to replace the current franchise tax and to buy down local school property taxes. That would require a business tax that raises around $6 billion, along with increased taxes on cigarettes and some smaller items. They're not currently considering a higher sales tax. The new deal works for some businesses. Their property taxes would drop even as average business taxes rose. Some come out okay, some win big and some lose big. But the overall burden of state and local taxes would shift away from homeowners -- who get a break and no new tax to pay -- and toward businesses -- which get a break on one tax and a hike in another one. The full cost of property tax relief for business and residential property owners would be borne by businesses.

Tidbits on politics and goverment• Kinky Friedman's petitioners can get financial prizes for signing up enough people. So-called "Super Volunteers" are people who work at least ten hours a weeks and get 500 or more signatures to get the entertainer on the gubernatorial ballot. They get a buck a signature for their work, though the campaign says they'll limit the number of people who get the cash. • Carole Keeton Strayhorn says her petitions will carry the signatures of former Democratic gubernatorial candidate Tony Sanchez Jr. and former House Speaker Rayford Price. Kinky Friedman adds Willie Nelson to his list of signers, and Nelson also cut a radio spot promoting Friedman and biodiesel fuel. • Former President Bill Clinton will be speak at the Center for Public Policy Priorities benefit on May 19. The group's honoree is B. Rapoport of Waco, a longtime financier of Democratic and liberal causes in Texas. • Rep. Carter Casteel, R-New Braunfels, hired Austin lawyer Buck Wood to work on a recount. She lost by 45 votes to Nathan Macias on Election Day. There's a recount going in El Paso, where Rep. Pat Haggerty won by just under 100 votes, and talk of a couple more. Lawyers who watch this stuff say electronic voting makes recounts less likely to flip the results, but mail-in and provisional ballots can still swing close races if they're initially miscounted. • Susan King, who came in second but got into the runoff in HD-71 (Rep. Bob Hunter, R-Abilene, didn't seek reelection) got an endorsement from John Young, who finished last in that four-person GOP primary. She'll face Kevin Christian. • Alex Castano, the second-place finisher in HD-47, got the endorsement of Rich Phillips, who finished out of the money in that race. Castano wants the spot held by Rep. Terry Keel, R-Austin, who's running for a judgeship. Castano's next rival is Bill Welch. • In HD-63, Rep. Mary Denny, R-Aubrey, endorsed Tan Parker to take her spot in the House next year. He's in a runoff with Anne Lakusta of Flower Mound. • Bill Davidson, trying to win a runoff for a nomination to the 3rd Court of Appeals, got an endorsement from Lee Parsley, who didn't make the final round. Will Wilson led in the first round of voting; the other candidates were knocking his use of the word "judge" in his campaign materials, saying it was improper. • Put this on your list of fiscal seeds that could grow into weeds: The Social Security Administration is auditing several Texas school districts that take part in that program, looking to see if those district hired retiring teachers on a short-term basis to boost their retirement pay. Most districts don't offer Social Security benefits and teachers without Social Security credit can lose spousal benefits. If they get a short-term job that includes the bennies, however, they aren't penalized. The auditors -- we found out about them from the Texas Federation of Teachers -- want to see what's what. • State sales tax revenues rose 15.2 percent in February, compared to the same month in 2005. That's feeding a state budget surplus that could prompt the comptroller to raise her estimate of what's in the till. Her latest pronouncement was that the state had $4.3 billion above what it needs to cover the current budget. • Linebarger Goggan Blair & Simpson is one of three firms chosen by the IRS to help the federal government collect taxes. That's a new deal for the feds. The Austin-based law firm does the same thing for school districts and cities and counties; they and other firms have tried for years to get the state to open up its tax collection business to private firms. • There now exists a "Texas Poker Political Action Committee" that'll work to expand legal poker in the state. The Poker PAC's founders want the state to legalize tournaments that benefit charity. They've got a website: www.texaspokerpac.com.

Political People and their Moves

Texas Democratic Party Chairman Charles Soechting will resign before his term ends in June, allowing the State Democratic Executive Committee to elect a temporary replacement in April.That would give someone a leg up on the full term. In an email to members of the SDEC, Soechting said he's got new duties at the law firm where he works and also wants to spend more time with his family. He called a replacement election for April 22. Among the contestants who've said they want to play when Soechting leaves: Boyd Richie, a former district attorney from Graham, Glen Maxey, a former state legislator from Austin, and San Antonio lawyer Charlie Urbina Jones. Separately, Richie sent out a note this week saying he's won endorsements for his bid to head the Democrats. He's got the backing of state Reps. Stephen Frost, Mark Homer, Chuck Hopson, Jim McReynolds, and David Farabee, and former U.S. Rep. Max Sandlin.

Gov. Rick Perry appointed Ruben Gonzales Reyes of Lubbock to the 72nd District Court. He's a partner in a law firm there. He'll replace Judge J. Blair Cherry Jr., who retired. Perry named Dionicio Vidal "Sonny" Flores of Houston to the Texas Department of Housing and Community Affairs. He owns and operates an engineering and construction management company. Ken Luce, a former employee of the Texas Department of Agriculture who now is a regional president of Weber Shandwick Worldwide, a public relations firm, was appointed by former Ag Commissioner Rick Perry to the Texas State University System Board of Regents. Perry named Drs. John Coble of Rockwall and Carolyn Carman-Merrifield of Mansfield to the Texas Optometry Board and named Dr. D. Dixon Golden of Center to chair that panel. James Lee of Houston will join the Teacher Retirement System of Texas board by appointment of the Guv. He's a private investor.

Quotes of the Week

Abramoff, Amezquita, Hopson, Casteel, Deats, Friedman, and ClarkJack Abramoff, in Vanity Fair, on how Washington has reacted to his troubles: "You're really no one in this town unless you haven't met me." Michael Amezquita, Bexar County's chief appraiser, talking about the need for disclosing home prices to make appraisals fair, in the San Antonio Express-News: "We have a 25-year history of not being fair to homeowners." Rep. Chuck Hopson, D-Jacksonville, in The Dallas Morning News: "Voters are beginning to say, 'What are you doing down there?' If we lollygag around and become divisive and start fighting, the voters aren't going to like it. If we get something done, we're OK. If we don't, we're not going to be." Rep. Carter Casteel, R-New Braunfels, telling the San Antonio Express-News she'll ask for a recount in her 45-vote loss to Nathan Macias: "I certainly don't suspect any improprieties by the Hill Country county clerks. But my supporters are having a fit. I feel I owe it to the district, and I look forward to resolving it." Texas Republican Judy Deats, quoted in Newsweek on her loyalty to U.S. Rep. Tom DeLay, R-Sugar Land: "Right now, I wouldn't vote Democratic if Jesus Christ was running." Kinky Friedman, caught by The Dallas Morning News sipping a beer in a moving car (there's a law against it) in a parade: "Yes, I admit to holding a Guinness. I even admit to drinking it. But I did not swallow." An irked U.S. Bankruptcy judge in San Antonio, Leif Clark, fired off a written order denying a motion because it was incomprehensible, and he ended it with a footnote just to make sure the lawyers in the case got the point: "Or, in the words of the competition judge to Adam Sandler's title character in the movie, "Billy Madison," after Billy Madison had responded to a question with an answer that sounded superficially reasonable but lacked any substance, Mr. Madison, what you've just said is one of the most insanely idiotic things I've ever heard. At no point in your rambling, incoherent response was there anything that could even be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul. Deciphering motions like the one presented here wastes valuable chamber staff time, and invites this sort of footnote."