Former Gov. Ann Richards, an iconic Texas Democrat known for her lashing wit, her crown of white hair, and her sheer charisma, succumbed to the esophageal cancer her doctors discovered  earlier this year. She was 73.

She was a trailblazer, a populist whose tenure shook the culture of state government and the people and outside institutions that were accustomed to having their way with it. She opened the most powerful offices in state government to unprecedented numbers of women and minorities. Ethics reforms came unstuck and got into law, partly because of her support. Insurance regulation was briefly wrestled away from an industry that historically wins most of its battles with state government. Environmental regulators tightened up. And she appointed a string of women, Hispanics, Blacks, Asians and others to the state's boards and commissions who hadn't been there in big numbers before. Compared to her predecessors from both parties, she nearly doubled the numbers of appointments that went to people in those groups.

Richards was one of those rare people you know will be in the history books before you know everything that will be written about them in those books. Richards was the second woman elected governor in Texas (Miriam "Ma" Ferguson is usually characterized as a stand-in for her husband, James "Pa" Ferguson, for two terms in the 1920s and 1930s). She held off a Republican tide that eventually overtook Texas politics. And she was an inspiration to Texans — a personification of the state — even as she was turned out of office by voters.

"Ann Richards was the epitome of Texas politics: a figure larger than life who had a gift for captivating the public with her great wit," said Gov. Rick Perry in a statement. "She was an endearing and enduring figure in Texas politics. She paved the way as a leader and a role model for women who aspire to the highest levels of leadership. Anita and I are saddened by a loss that will be felt by many. Ann Richards left Texas a better place."

Richards was active in Democratic politics for years before running for county office in 1976. She won the state treasurer's job in 1982. She came on the national scene through the TV screen, where her speech at the 1988 Democratic National Convention was played over and over: A Texas woman taking apart a Texas presidential candidate — George H.W. Bush — with her quicksilver tongue. "Poor George," she cried. "He can't help it. He was born with a silver foot in his mouth."

Two years later, she was at the center of a whirlwind of a governor's race, with seven major candidates from the two major parties banging on each other for the right to head Texas government. Of the bunch, she alone had a national following.

Richards, then the state treasurer, battled former Gov. Mark White and Attorney General Jim Mattox through a rough primary, then defeated Mattox in a runoff that was remarkably rough even by the standards of remarkably rough Texas politics. Richards turned her recovery from alcoholism into a political asset, talking about it openly and deflecting attacks during that race — most of them from Mattox — that were aimed at personal problems she had left behind. He accused her of using cocaine and other illegal drugs; she answered that she had avoided "mind-altering" substances for ten years and wouldn't go beyond that.

Republican Clayton Williams of Midland had an easier time in his primary, besting Secretary of State Jack Rains, former U.S. Rep. Kent Hance and Dallas attorney Tom Luce without a runoff.

The resulting "Claytie and the Lady" race drew national attention, with two large personalities battling for control of an increasingly Republican state. The state had already gone for the GOP in presidential races, and it would, in 1990, elect two Republicans to statewide office, breaking the Democrats' hold on Texas government (they were Rick Perry and Kay Bailey Hutchison). A regular refrain in East Texas underlined Richards' problem. Voters, especially but not exclusively men, would say they weren't sure the state was ready for "a petticoat governor."

But Williams blew a big lead with ill-timed gaffes. He compared bad weather to rape and suggested a victim "lay back and enjoy it." He refused to shake Richards' hand, after his staff alerted reporters that "something was going to happen." He told reporters that in the contest, he'd "head her, hoof her, and drag her through the dirt" — terms familiar in the corral but not on the stump. And on the Friday before the election, the wealthy West Texan sealed it, volunteering a deadly answer to a softball question by saying he hadn't paid income taxes in 1986, when he was losing money in the oil patch. Richards capitalized on his goofs. That Friday night — just in time for TV news to catch it — she went in front of a union hall audience with this line: "Claytie didn't pay taxes in 1986. Did you?" What was left of his advantage disappeared. Richards ended up in front, with just under 50 percent of the vote (a Libertarian snagged the rest).

Richards had a real talent for tying government and politics to the lives of voters and citizens. For reporters, she was pure platinum, good for a quote even when she was dodging a question. She backed the lottery — originally a Mattox idea — to limit the size of a tax bill passed to balance the state budget. Richards scratched off the first Texas Lottery ticket at the now defunct Polk Feed Store in Southwest Austin, and captured the essence of the game (and made it an easy day for headline writers) when she saw the result: "Oh Rats." Another of her most famous lines came from that speech in 1988, when she encouraged women to get into public life. "Ginger Rogers did everything Fred Astaire did. She just did it backwards, and in high heels."

She was nuts about movies and Port Aransas, and always seemed available to talk to kids or do something for them. Austin's school district will open a school for girls next year — the Ann Richards School for Young Women Leaders. She had hoped to be at the door when it opens a year from now to welcome the first class.

She was well-liked, but she was also tough. Enough so that people who'd crossed her joked about it, after they recovered. An Austin theater chain runs a short film before movies telling people not to talk. It features Richards, a regular patron, tossing a loudmouth from the theater. The tagline: "Don't talk during the movie, or Ann Richards will take your ass out."

She had some losses in office, too. Her proposed fix to the school finance system was rejected by voters. A couple of her highest profile appointees — Lena Guerrero and Bob Krueger — were disappointments. Guerrero lost her spot at the Texas Railroad Commission after admitting she'd lied about having a college degree. Krueger's political career ended in a special election for the U.S. Senate seat he'd been keeping warm: Kay Bailey Hutchison swamped him and remains in that office to this day. Richards warred with then-Lt. Gov. Bob Bullock, alternating alliance and enmity with a fellow Democrat who later became a mentor to her successor.

In 1994, she was knocked off by George W. Bush, who did six years in office in Texas before winning the presidency. She was more popular at the time of her defeat than any Texas governor had been in decades, but voters weren't as happy with the job she was doing. A couple of issues gave fuel to her opponent, especially her veto of legislation that would allow Texans to carry concealed handguns. Like the petticoat line of four years earlier, the gun line was everywhere. And it gave some wavering voters another reason to seek change. They voted for Bush.

After she left office, she lobbied for a Washington, D.C.-based firm and then signed on with Austin-based Public Strategies Inc., where she shuttled between Austin, Washington, and New York City. She was a popular speaker and a frequent guest on TV talk shows, and an advisor to lots of political (and other public) people and to groups who sought her counsel.

Years after leaving office, she summed things up: "In looking back on my life, I could of course say the predictable thing — that the greatest thing I've ever done is bear my children and have grandchildren, and all that kind of stuff.

"But the reality is that the greatest part of my life was the opportunity to be in public service, to make a difference for the community I live in, for the state that I love, to be able to try to make things better, whether they turned out in the fashion I expected them to or not."

"Sometimes it's serendipitous: Good things happen accidentally. But they're not going to happen unless well-meaning people give of their time and their lives to do that."

Richards' body will lie in state this weekend in the rotunda of the Texas Capitol. Services are set for Monday at the Frank Erwin Center at the University of Texas — that's the basketball and special events venue, to give you an idea of the size of the thing. She'll be buried at the State Cemetery after a private graveside service.

Glenda Dawson, 1941-2006

Rep. Glenda Dawson, R-Pearland, part of the Republican wave that put the GOP in the House majority for the first time in modern history in 2002, died at the John Sealy Hospital in Galveston.

Dawson, a well-liked teacher for three decades before running for the House, was 65. The school district she served named an educator's award for her. And she was an advocate for organ transplants, among other things; she herself was the beneficiary of a kidney transplant years ago. She apparently died from an infection.

She upset then Rep. Tom Uher, D-Bay City, one of the longest serving members of the Legislature, in that 2002 election. She won reelection in 2004 and was the favorite in this year's contest. She was part of a group of Republican candidates helped by a $190,000 swap between Texas Republicans and national Republicans, who allegedly exchanged that amount in non-corporate contributions for the same amount in corporate money. The corporate money was verboten in Texas elections; the money that came back in exchange was legal. And Dawson properly reported all the money she received; the questions raised were raised about the contributors and the money-changers in that deal — not Dawson and the other six candidates.

House Speaker Tom Craddick and Gov. Rick Perry both issued statements of condolence. "She was a wonderful colleague, a warm friend and a great representative to the people of District 29," Craddick said. "She will be sorely missed by all."

She'd have faced Dr. Anthony Dinovo, D-Pearland, in November. The law allows a political party to replace a candidate who dies, but it's too late in the election year to do that in this case. Her name will remain on the ballot and if she wins, there will be a special election to fill the vacancy. In that case, the winner of the special election would take office in January.

Kinky TV

Independent gubernatorial candidate Kinky Friedman hit the TV trail with two new ads that are showing in 14 cities around the state.

The first of the two ads, called "Good Shepherd," shows Friedman inside and outside at his Utopia Animal Rescue Ranch in Medina. Here's the script, all read by the candidate himself while a guitar plays quietly in the background:

"Folks, I heard and old-time preacher read from the Book of John the other day. He said the Good Shepherd knows and recognizes his own and his own know and recognize him. And when the wolves come, the hired hands flee. But the Good Shepherd stays. Folks, we don't need a politician as governor anymore. We need a Good Shepherd. I want to be your Good Shepherd. I'm Kinky Friedman and that's why I'm running for governor of Texas."

In the second commercial, called "Clean Energy, Clean Government," Friedman is sitting in an idiosyncratic office. Again, he's the voice talent for the spot, and there's a soft guitar playing underneath his voice. The script:

"Look, I'm 61 years old. Too young for Medicare, and too old for women to care. But I care about what's happened to Texas. For the first time in history, Texas is importing energy. Now that ain't right. Folks, it's time for a change. Remember: There's a difference between a politician and a statesman. A politician's thinking about the next election. A statesman's thinking about the next generation. I'm Kinky Friedman, and that's why I'm running for governor of Texas."

The Friedman camp is quite a bit more open about their TV buy than the competition, saying the spots will run 5,000 times on cable and broadcast stations in 14 television markets in the state, including all but one of the big ones — Austin. Laura Stromberg, the campaign's press secretary, says that's because resources are scarce and the candidate is already well-known in the state capital. She didn't say what the campaign is spending on the ads or how long they'll run.

Horse Race Fodder

The monthly Zogby/Wall Street Journal Battleground States Poll has U.S. Sen. Kay Bailey Hutchison under 50 percent but still ahead of Democrat Barbara Ann Radnofsky of Houston. The poll puts Hutchison at 45.2 percent and Radnofsky at 36.8 percent; a month ago, they had them at 61 percent and 31 percent, respectively. And this month's poll includes a strong showing by Libertarian Scott Jameson, the favorite of 7.1 percent of the respondents.

In the Guv's race, they've got Republican Rick Perry slipping to 30.7 percent, followed by Democrat Chris Bell at 25.3 percent, independents Kinky Friedman at 22.4 percent and Carole Keeton Strayhorn at 11.1 percent, and Libertarian James Werner at 2.6 percent. At one point earlier this year, they had Perry 20 percentage points ahead of the next-best candidate. The poll's got a 2.9 percent margin of error. They did the survey from August 29 through September 5. And they have lots of detractors who say the people being polled are self-selecting — they sign up to be surveyed — and skew the results away from reality.

Here's another one, then. A new Rasmussen Poll on the governor's race has Perry at 33 percent, Strayhorn at 22 percent, Bell at 18 percent and Friedman at 16 percent. Perry's "favorables" fell under 50 percent, to 48; Strayhorn's, previously below 50, rose to 53. Detailed results are open only to their subscribers at the moment; they generally open the results to the hoi polloi after about a week.

The people vs. The People

In HD-11, the Republican candidate is touting upcoming endorsement and fundraising visits from Gov. Rick Perry and Lt. Gov. David Dewhurst while the Democrat is showing off a poll that says Perry's not popular enough there to offer the GOP's challenger a ride on his coattails.

Pollsters for Rep. Chuck Hopson, D-Jacksonville, say he's ahead of Republican Larry Durrett, R-Jacksonville, by a 55-28 margin (or why would they show us the poll, right?). The Libertarian in the race, Paul "Blue" Story, of Henderson, wasn't mentioned in the poll memo.

Hopson, according to 300 people surveyed by the Florida-based Kitchens Group in mid-August, is better known and has a favorable-to-unfavorable ratio of 6-to-1. Durrett's, they say, is 2-to-1, which is respectable (particularly if you've seen numbers for the top four candidates in the race for governor).

Perry, they say, is the favorite of 40 percent of the voters in the district. The pollsters — did we mention this memo was written for persuasive purposes? — contrast that with the popularity of the George W. Bush at the top of the ticket two years ago. To be fair, you'd have to blend in numbers (which we don't have) for U.S. Sen. Kay Bailey Hutchison, who'll be at the top of the ticket and is leading in statewide polls. She's been popular in that part of East Texas in past years.

Durrett's not laying down. Perry's coming in for an endorsement, and Dewhurst was listed as the headliner for a fundraiser this week (Thursday). Durrett touted that last one as Dewhurst's only appearance this year for a legislative candidate. Sen. Todd Staples, who's running for Texas Agriculture Commissioner and who used to hold that House seat, is also working for Durrett. Perry will drop in next week (Monday) to make an endorsement and to headline another fundraiser. The Dewhurst deal is in Cherokee County; the Perry deal is in Rusk County.

The High Price of Higher Education

Texas colleges got an "F" on affordability on the latest biennial study from the National Report Card on Higher Education. Their diagnosis is scary: "Texas’ underperformance in educating its young population could limit the state’s access to a competitive workforce and weaken its economy over time." They say the state's dropout rates are improving but remain higher than in other states. And they say the higher number of high school degrees hasn't increased the flow of students going on to college.

The affordability is figured by taking the cost of college less financial aid and dividing it into average family income. The numbers are daunting: Four year public schools cost 30 percent of the average family income in Texas; private schools cost 66 percent of the average family income each year. National averages are about half that. And the average U.S. student borrows $2,619 annually to pay for school; the corresponding Texas number is $3,541 per year.

A separate report — the 2005 annual financials from the Texas Tomorrow Fund — partly illustrates the problem. Enrollment in the state's prepaid college tuition program has been suspended since 2003, when the Legislature deregulated tuition rates. The state continues to honor contracts already purchased, but doesn't sell new ones anymore. That's an indefinite suspension of new business, put in place because of the uncertainty over what to charge new entrants. The freed-up tuition rates are part of the formula for setting the price for the paid-in-advance system.

Between those fast tuition increases and the slow stock market at the beginning of the decade, the plan ran up huge liabilities. Those are shrinking, but as of a year ago (the latest number available), the program had "unfunded liabilities" of $107.7 million. That's the difference between what it'll cost to send contracted kids to school and what they paid for their contracts. Those families got a deal, but the state is on the hook for the difference, which you'd have to put down as one cost of deregulating tuition. It's getting better: The equivalent number from August 2004 was $222.8 billion. The actuaries had predicted that the deficit a year ago would be 241.3 million, an increase from the previous year; they didn't expect any improvement and they got a considerable one. The program's annual report credits stock market gains, lower than expected increases in tuition and fees, and an accounting change.

Flotsam & Jetsam

The state's highest criminal court will reconsider a decision to toss conspiracy charges against former U.S. House Majority Leader Tom DeLay, R-Sugar Land. The Texas Court of Criminal Appeals will look at a district judge's decision to throw out one of two conspiracy charges against DeLay. Among other things, that'll delay DeLay's pending trial on the remaining charges. The charges stem from a $190,000 swap between state and federal Republicans; the guys on this end sent corporate money and received money from individuals in return. The sent money couldn't legally be used in state races here; the returned money could. DeLay and two others — Jim Ellis and John Colyandro — were accused of conspiring to violate state election laws. And the question for the courts is whether that was legal at the time, in 2002.

• Add Rep. Senfronia Thompson, D-Houston, to your list of legislative bloggers. Thompson, who's also the only declared challenger to House Speaker Tom Craddick for the job of presiding officer, calls her blog The Little Dog Report and says she was inspired to start her online scribbling by Rep. Aaron Peña, D-Brownsville. He's been at it for a good while, writing A Capitol Blog.

• The Texas Parent PAC will back Democrat Joe Heflin in the race to replace former House Speaker Pete Laney in the Texas House. They came up with a weird statistic: He's got 24 public school educators in his immediate and extended family. And they took a swipe at the Republican in the race, Jim Landtroop, whose supporters include Dr. James Leininger, the San Antonio voucher advocate. Their guy, they say, " will not be beholden to big campaign contributors who seek to weaken public schools by using tax-funded vouchers to pay for private school tuition in Houston and Dallas." Landtroop got $5,000 from Leininger almost a year ago.

• Follow-up: Gov. Rick Perry announced the sale of 400 acres near Eagle Mountain Lake in Fort Worth, a deal that will give the state money to buy more parkland, that will leave the Eagle Mountain property's mineral rights in state hands and that will open the land up as a park. The prospective buyers — they still have to raise the money — include the Tarrant Regional Water District and the Trust for Public Land. Democrat Chris Bell contends Perry came around only because of pressure from locals and from gubernatorial opponents. The Guv's staff says negotiations prevented them from talking about the $10 million deal until now.

Political People and Their Moves

Rep. Frank Corte, R-San Antonio, is back from an eight-month deployment to the Middle East. He's in the Marine Reserve and went as a colonel in the USMC. The tour of duty overlapped the special session on taxes and school finance; Valerie Corte served in her husband's spot during that session.

Jeff Rose is now the deputy first assistant to Texas Attorney General Greg Abbott. He's headed the agency's general civil litigation department, and was with Dallas-based Strasburger and Price before becoming a state employee in 2003.

Gary Johnson, the former executive director of the Texas Department of Criminal Justice, is joining the Austin staff of MGT of America, a policy consulting firm. Among others there, he'll join Wayne Scott, his predecessor at TDCJ, and Steve Robinson, former executive director of the Texas Youth Commission.

Claudia Russell signed on as an admin law and lobbyist partner at Austin-based Bickerstaff, Heath, Pollan & Caroom. She's a former staff attorney at the Texas Commission on Environmental Quality and worked in several legislative offices before that.

Gov. Rick Perry named Vidal Gonzalez of San Antonio to the Finance Commission of Texas. Gonzalez is an exec at Jourdanton State Bank.

The governor named Laurens Fish III — who heads a chain of funeral homes in Austin — as presiding officer of the Texas Funeral Service Commission, which regulates that business.

One of the state's gubernatorial candidates is short-listed for the Thurber Prize for American Humor. Kinky Friedman, occupied mainly as a writer before running for governor this year as an independent, is one of three finalists for the award. He got nominated for Texas Hold 'Em, a book of essays.

Deaths: Former federal Judge James DeAnda of Houston, of prostate cancer, at age 81. He was a civil rights lawyer and one of the founders of MALDEF — the Mexican American Legal Defense and Education Fund — before putting on the robes, and one of a quartet of lawyers who won a 1954 case that established constitutional equal protection rights for Hispanics.

Former Rep. Jake Johnson, D-San Antonio, who helped start the University of Texas San Antonio and once suckered his fellow legislators into voting against the Bill of Rights. He was 75.

Quotes of the Week (Kinky Edition)

Independent gubernatorial candidate Kinky Friedman started holding press conferences and talking policy, and spent the better part of a week in high profile in the state's media. He wants to put 10,000 National Guard troops on the Texas-Mexico border, cap state spending (with increases allowed for population growth and inflation), legalize casino gambling, repeal the state's new business tax, give ID cards to legal immigrant workers and fine businesses for hiring undocumented workers, put $100 million into police budgets to fight crime caused by illegal immigration, cap increases in taxable home values at 3 percent per year, and increase salaries for teachers and spending on health care for children. "This stuff is simpler than it seems," he says. He said a lot more, too, which is why he's getting his own section this week.

Friedman, quoted by KHOU-TV on Katrina evacuees who came to Texas: "The musicians and artists have mostly moved back to New Orleans now. The crackheads and the thugs have decided to stay here. They want to stay here. I think they got their hustle on, and we need to get ours."

A few days later, talking about the reactions to that comment with the Associated Press: "How can you possibly regret that, telling the truth? I am not a racist. I am a realist. In looking at the statistics, I know that 20 percent of the homicides in Houston have been committed by the element in the evacuee population. I never said what color their skin was. I never said all evacuees are crack dealers or crackheads. I'm smarter than that."

Telling the San Antonio Express-News he regards political pandering to be racist: "I don't eat tamales in the barrio; I don't eat fried chicken in the ghetto; I don't eat bagels with the Jews for breakfast. That to me is true racism."

Quoted by the Associated Press on letting non-violent criminals out of jail by legalizing marijuana: "I think that's long overdue."

In the Houston Chronicle: "As a musician, I was stoned a lot of the time. And I probably raised a lot of hell, and was involved with a number of beautiful women as I recall, and I don't regret any of it. At least I never killed anybody. I mean, even (U.S. Sen.) Ted Kennedy can't say that."

After telling reporters he'd cap increases in state spending but would like to spend more money on teacher pay and other matters, asked what he would cut to make room for higher spending: "I'd like to cut that question."

Quotes of the Week (Everybody Else)

Restaurant owner Pearletha David of Little Rock, quoted in The New York Times on Arkansas Gov. Mike Huckabee's anti-obesity crusade: "I think it's fine for him. But he ain't got to make the whole state lose weight."

U.S. Education Secretary Margaret Spellings, in the Austin American-Statesman: "I do not want to be — and I'm pretty sure my successors would feel the same way — the national czarina of higher education in America."

Mike Adkins, spokesman for the Ector Independent School District in Odessa, talking to the Houston Chronicle about a survey showing most public school religion courses are more devotional than educational: "When do you stop asking the same questions? We're comfortable with the curriculum. Our board of trustees have heard the arguments."

Democratic candidate Chris Bell, quoted by WFAA-TV on his Party's base vote in Texas: "You could be a corpse and get 31 percent as the Democratic nominee just about any office."

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Texas Weekly: Volume 23, Issue 13, 18 September 2006. Ross Ramsey, Editor. 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 (512) 302-5703 or email biz@texasweekly.com. For news, email ramsey@texasweekly.com, or call (512) 288-6598.

The Legislative Budget Board wants state agencies to start off the next fiscal cycle with budget requests that use only 90 percent of what the agencies get now. The reductions don't apply to public education funding just fixed by lawmakers, to debt service for bonds, to prisons, or to federal programs the state can't cut. Here's the letter:

The only hurdle remaining for Gov. Rick Perry's new business tax is Perry himself.Comptroller Carole Keeton Strayhorn says the new business tax passed by the Legislature and on its way to the governor doesn't have any math problems and doesn't require the state to spend more than it's got. But she added a note to her certification: "I am certifying the appropriation in this bill as required by the Constitution because it is within available revenue, but I believe portions of the tax enacted by this bill constitute a personal income tax and are unconstitutional." The tax bill doesn't spend any money. It kills the current corporate franchise tax and replaces it with a levy on adjusted gross revenues of corporations and partnerships in the state. Businesses can choose what they deduct -- either their cost of goods sold, or their (most) employee compensation. Most would pay the state one percent of what's left after that calculation; retailers and wholesalers would pay 1/2 of one percent. Perry and former Comptroller John Sharp, who headed the gubernatorial commission that came up with the tax, say it's not an income tax for the simple reason that companies would have to pay it even in years when they don't make money. Strayhorn and some lawyers say that the tax on partners in law firms and other outfits makes it a personal income tax. Perry and Sharp are relying on legal opinions that say the tax applies to the partnerships and not to the individual partners and dodges the bullet. The attorney general's first assistant, Barry McBee, sent a letter making that argument to Perry's office. But Strayhorn has asked AG Greg Abbott himself to issue a formal letter opinion on the subject. That request is still pending. Perry has ten days to sign the bill, let it become law without his signature, or veto it. Strayhorn's letter to Perry, and her handwritten note on the certification:

Your state comptroller, who wants to be living in the Governor's Mansion a year from now, says she will repeal the new business tax if she gets that job.Carole Keeton Strayhorn's state office hasn't officially scored the bill yet, but she's blasting at it from her campaign headquarters, saying it will be $23 billion out of balance after five years and that it doesn't put any new money into education. Gov. Rick Perry characterizes the five-bill school finance package as a net tax cut — one that spends more than it raises. And he and former Comptroller John Sharp, who helped devise the new business tax, say the state's economy will get a boost that will produce enough business and enough new state revenue to cover that difference. Those are the bones of the stories the two candidates will be telling during the coming campaign for governor. Perry will tout lower property taxes, fairer business taxes and a solution to school finance. Strayhorn will stress the increase in business taxes, the lack of new money for schools, and the relatively skimpy pay raise for teachers who she says deserve more. Strayhorn disagrees with Perry's optimism that the new tax rig will boost the economy, as does the Legislative Budget Board analysis of the plan; both say the bills cost $3 billion to $5 billion more than they brings in each year. The difference, she says, will have to be raised in other taxes, from an expansion of legalized gambling and/or other sources, or would have to be saved with cuts to other programs. Neither she nor the LBB tried to predict whether the economy will surge as a result of the change in taxes. Perry cited studies from three different economists who contend the legislation will boost the economy and will, in spite of the "snapshot" numbers from the LBB and the comptroller, become a net plus to the economy. The state numbers don't include the impact of lower property taxes, and the politicos and the economists working for them say that'll make all the difference. The raw numbers from the LBB, taken from the fiscal notes of four of the five bills (HB 2 directs the use of money, but doesn't actually raise or spend any, according to the analysts), show a net deficit to the state of $25.1 billion over five years. The first couple of years of that rely on the state surplus — also not included in the revenue numbers — but two thirds of the negative numbers are in years three, four and five. If the economists are right, no problem. But it's safe to say some of the number-crunchers are anxious about the "out years." Nearly all of the spending happens in HB 1, where the property tax buydowns are spelled out. The annual numbers top $10 billion after a few years, while income from the new business tax and from increased taxes on used cars and cigarettes bring in just under $5 billion annually. An analysis of the LBB numbers by an outside group — the Texas Taxpayers and Research Association — concluded the package will cost $3.5 billion in the current budget, $10.8 billion in the next, and $11.5 billion in the two-year budget after that one. Actual mileage may vary. You can find arguments all over Austin about how much the new business tax will bring in. The LBB's estimate, based on numbers from the comptroller's office where the tax will be collected, is that the new tax will bring in almost $4 billion annually when it's up and running (that's after the current franchise taxes revenues are subtracted out). Some business people we know — and some of their lobbyists — think that number is low. For now, the official numbers look like this, and these figures are what lawmakers had in hand when they voted.

Fort Bend is only one of the four counties with a say in who'll replace U.S. Rep. Tom DeLay, R-Sugar Land, on the ballot. But their members have their favorites. Check out this press release about their straw poll:Party Chairman Gary Gillen says the straw poll lists everybody who got a vote, whether they're interested in the job or not (for instance, Harris County Judge Robert Eckels has said he won't run, but he got some votes here). It also lists Democrats, like Nick Lampson. There are two elections in question here. One is a back-room deal where party folk from the four counties in the district will select someone to replace DeLay on the November ballot for a full two-year term in Congress. The other election — a special election to replace DeLay for the rest of his term — will be held, apparently, that same day. The ballot list for that one will include everyone from any party or persuasion who declares themselves a candidate.

Texas and other states can redraw their political maps when they want to, according to the U.S. Supreme Court, but they can't dilute the strength of minority voters just to protect an incumbent those voters oppose. The much anticipated decision on Texas congressional redistricting was generally a victory for Republicans who sought a partisan remix of the state's Washington delegation. But the court wants the mappers to revisit CD-23, where U.S. Rep. Henry Bonilla, R-San Antonio, is the incumbent. They say the GOP redrew that district to protect Bonilla from Hispanic voters who were on the verge of replacing him. And the court said a Mexico-to-Austin district drawn to offset what was done in Bonilla's district also needs to go. That's now held by U.S. Rep. Lloyd Doggett, D-Austin. The justices said there's nothing to prevent a state from taking up redistricting in the middle of a decade, particularly when — as in Texas — the Legislature is replacing a map drawn by the courts with one of its own. And they didn't find fault with the lines in Dallas County, where Republicans drew Democratic U.S. Rep. Martin Frost out of a job. Democrats had argued that minority voters were illegally cheated of their voice in that district; the court disagreed. The court still hasn't settled on whether it's possible for political map to be so gerrymandered the courts have to step in and fix it. That remains an open question. What's next? The case comes back to the federal judges in Texas who decided it in the first place. They can redraw the map themselves or order lawmakers to do so. The immediate issue is whether they can get new lines in place before the November elections, or whether they'll proceed with these contests and put a new map in place later. It's probably too late in the year for the Legislature to come back, redraw the maps and get them in place in time for the November elections. That opens the possibility that redistricting will bedevil the next regular session of the Legislature, which starts in January. The court's full opinion is available in our Files section. Here's the current map:

The Texas Ethics Commission added a new whirligig to their campaign finance reporting website: A report of the cash on hand balances in all political accounts as of the latest reporting period.

We pulled it off, put it into our off-the-shelf number-mangler for reordering and popped out a list of the top accounts at the mid-year point. Some of this is known territory — your big-time gubernatorial candidates are here. But some of the entities that pop up on the list aren't among the usual suspects: The Association State PAC, for instance, or Texas Our Texas.

The list includes 1,865 political accounts holding a total combined balance of $96.6 million. Break it down: $39.2 million is in the top ten accounts; $57.9 million is in the top 50, and $67 million is in the top 100. Or do this: $96.6 million is about $4.22 for each child, woman, and man in the state. It took $1.1 million or better to get into the top 10. Half a million would rank you 23rd, and $250,000 would put you at number 54.

You can download a printer-friendly list of the top 100 by clicking here or by looking in the Files section of our website.

 

 

Democrat Chris Bell unveiled his first two television spots of the fall touting his positions on education, stem cell research and health insurance. That means all four of the major candidates for governor are on the air. In both of the new ads, Bell is standing in a law library talking to the camera while the words "Democrat Chris Bell for governor" appear at the bottom of the screen. He's the announcer for both spots.

"Change"

"I'm Chris Bell, and with a dropout rate near 40 percent, Texas  schools need big changes. We need to prepare our students for greatness, not just for standardized tests. We need to recruit and keep the best teachers. And we need to make sure students pass a tough curriculum to get them ready for a lifetime of learning. Our kids should be leading the world, and they're not going to get there by filling in little ovals all day long. When I'm Governor, we'll have the best schools in the country."

"Heart"

"I'm Chris Bell, and we need big changes. That's why when I'm Governor, I'll lead a new Texas revolution. We can make Texas schools the best in the country if we teach our kids more than how to take standardized tests. We can cure disease by making Texas a leader in stem cell research. And we can keep our kids healthy if we stop cutting children's health insurance. Then the Texas that's in our hearts can become the Texas we see around us."

Bell's aides say the spots are running statewide, but only on cable television (not broadcast networks). The two spots are being rotated, and he filmed two more (not shown outside the campaign yet) that will be added to the mix later. They won't say what they spent or how frequently the ads are running, but do say they intend to have the candidate on TV from now until Election Day.

The State Board of Education's editorial power over textbooks is limited, according to Attorney General Greg Abbott.

The elected board can object to factual errors and make sure the books meet its physical specs. Board members can decide whether a book goes on the "conforming" or "non-conforming" list. They can make sure books "foster the continuation of the tradition of teaching United States and Texas history and the free enterprise system," as specified in the law. But they can't go outside those fence lines set in state law by the Legislature.

Abbott's letter opinion followed a letter from SBOE member Terri Leo, who openly hoped Abbott would give the board a more liberal set of guidelines than his predecessors. Among other things, she wanted Abbott to reconsider an earlier opinion issued by then-Attorney General Dan Morales that barred the SBOE from setting "general textbook content standards" as a condition for getting on the "conforming" list. In plain language, the board can require textbook publishers to include information needed to teach to state standards, but has much less power when it comes to telling publishers what to leave out.

She also wanted "ancillary materials" provided by textbook publishers included in what's reviewed by the SBOE. She went on to say in her request that the board is allowed to say what must be in a book, but not what's to be left out. Abbott wriggled out of that question, backing out of the earlier opinion without taking a new position. Think like a lawyer and not like a human to get this next bit: Whether materials are ancillary or part of a textbook has to be decided case by case. It "is not, therefore, amenable to the opinion process." Abbott's opinion offers no guidance on how those ought to be worked out, leaving it to battles at the SBOE and, possibly, in the courts. That's not a clear win for Leo, and it's not a clear win for folks who wanted ancillary materials kept out of the board's reach.

Leo, a Republican from Spring, called the opinion a "clear victory." Kathy Miller of the Texas Freedom Network also took it as a win. (Either Abbott got the politics exactly right, or somebody doesn't know what happened to them).

Leo said the ruling will keep lawyers at the Texas Education Agency from trying to remove requirements to teach history and the free enterprise system. She conceded the SBOE doesn't get any new authority from the current AG, but said Abbott agreed with her contention that Morales went too far on supplemental materials.

Miller said the first part of the opinion — which essentially agreed with Morales on the board's editorial control of textbooks — is a win for people who want the SBOE's powers limited. As for the ancillaries, she said the board is out of bounds when it pushes materials out of textbooks and into supplemental materials (she used "required information about responsible teen pregnancy and STD (sexually transmitted disease) prevention" as an example.

That's a potential battleground for the future. Abbott's opinion that what's in the extras depends on the circumstances leaves the area open for argument.

The latest SurveyUSA poll — done for KEYE-TV in Austin and WOAI-TV in San Antonio — has Gov. Rick Perry at 35 percent, Democrat Chris Bell and independent Kinky Friedman tied at 23 percent, and Carole Keeton Strayhorn in the back at 15 percent. Libertarian James Werner got 2 percent. And only 2 percent of those polled said they haven't made up their minds how they'll vote.

It tracks other recent polls — some legit, others not so legit — that show the challengers splintering a majority of Texas voters that wants someone other than the incumbent in office. To seriously threaten Perry in November, one of the challengers will have to break out of the pack. And so far, nobody's done it.

The headline the pollsters put on this one: "Perry Going Nowhere at 35%, But That May Be Just Enough To Win Re-Election."

They last surveyed the race in June. Compared to that poll, Perry's holding, Bell is up 3 points, Friedman is up 2 points, and Strayhorn is down 4 points.

The polling started after four days of television commercials by Perry and Strayhorn, and with Friedman just going on television with a limited ad buy. Bell isn't on the air right now.

The cross tabs are scary no matter who you support. Perry has 56 percent of Republicans; a reasonably neurotic campaign worker would read that to say that 44 percent of the base isn't in the tent. Bell has 55 percent of Democrats; same reaction. Friedman's best numbers are with men, independents and young people.

Friedman was the second choice among Republican voters, with 23 percent, followed by Strayhorn at 14 percent. Among Democrats, she's the second choice, at 20 percent, and Friedman gets 16 percent. Independent voters like Friedman best, at 29 percent, followed by Perry at 21 percent and Bell at 18 percent. Strayhorn, a Republican running as an independent, gets only 9 percent from unaffiliated voters. If all the voters were under age 34, Freidman would lead, followed in order by Bell, Perry and Strayhorn. The men's vote would go Perry, Friedman, Bell, Strayhorn, and the women's vote would go Perry, Bell, Strayhorn, Friedman.

They did their polling by phone over the weekend (9/16-18) and talked to 1,000 Texas adults, including 863 were Registered Voters and 536 "likely" voters. They used that last group for their cross tabs. The margin of error: +/- 4.3 percent.

• One more thing: George W. Bush is above water in Texas, but only just. Half the voters approve of the job he's doing as president while 47 percent don't. Nationally, 39 percent approve and 59 percent don't. His Texas numbers have been more or less flat over the summer; last May, SurveyUSA said 56 percent of Texans disapproved of Bush's performance.

Just like the mainstream media they like to taunt, the Texas blogs were full of elegies and remembrances of former Gov. Ann Richards, killed by cancer last week. Attorney General Greg Abbott is getting some ink (phosphor?). There's a list of rules for lobsters that's worth an argument. A new poll. And a great new website for nosy people, if you know anybody like that.

* * * * *

You can find video available online, including a gem of a promo for an Austin movie chain featuring the former governor and what happens to people who talk in movies. YouTube has a video of Richards amusing a group at the Texas Observer's 50th anniversary with tales of airport security and her body suit. And someone did a video obit, set to music.

Personal stuff's the best. Former state Rep. Glen Maxey, an Austin Democrat who worked on Richards' campaigns, remembered his former boss in a post at the Burnt Orange Report. Poke around on their site and you'll find more like it. In the Pink Texas has a couple of nice ones from one of Richards' former "wives" — what she used to call the young men who held her purse during speeches — and from a House aide who caught her off the clock.

And if you just can't get enough of this after almost a week of stories from the papers, TV, radio, and other media, go to this Google search or this Technorati search.

* * * * *

Brains & Eggs is after Attorney General Greg Abbott, following a report from the Houston Chronicle/San Antonio Express-News Austin bureau about the AG's voter fraud efforts and after Abbott's legal opinion on the limits of textbook editing by the State Board of Education. That blogger doesn't like either deal (though opponents of the SBOE were semi-pleased with the textbook ruling).  Houston's Off the Kuff is also on the case, boring in on the bit about voter fraud; they're riffing on a lawsuit filed against the AG and reported in the Houston Chronicle.

* * * * *

A few months ago, former Capitol staffer Lawrence Collins posted some stuff on the Internet about the lobby. It got some reaction, and died out. He's not done. On In the Pink Texas, he's going after lobsters — sans names — for the bad things they do (earlier posts on the same general subject can be found on his personal blog). It's pretty entertaining, too, putting the lie to The Things Lobbyists Say to Make You Love and Respect Them and Their Fine Works. We made that last part up, but it fits in. Check it out.

* * * * *

There's new polling in the governor's race from SurveyUSA that has Perry at 35, followed by Bell and Friedman, and in the back, Strayhorn (see Notebook for our story about it). And the commentary and spin is already underway, starting with Off the Kuff. You can follow his links on the subject for even more.

* * * * *

The Texas Ethics Commission is taking hits in South Texas Chisme and other blogs for a draft opinion that says it's okay to report the gift of a check from an anonymous donor — not a political contribution, but a gift — as a "check" without reporting the amount. The Ethics folks say they're following the letter of the law. They're taking the shots, but they're providing a trail of crumbs back to the folks who can fix it: The Legislature.

* * * * *

Finally, for your lazy-no-account-cubicle-occupying-busybody political friends, there's a new website that tracks the salaries of congressional staffers. Type in the names of your favorites and start gossiping. Public records can be fun.

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Robyn Hadley cherry-picks the state's political blogs each week, looking for news, info, gossip, and new jokes. (Editor's note: She's off this week, which is why this is late, but she'll be back so we're leaving her tagline here at the bottom.) Robyn, a veteran of both journalism and the state Capitol, is the owner of Capitol Crowd, a networking site for people who work in and around state government. The opinions she quotes belong to the bloggers, and we're including their links so you can hunt them down if you wish. Please send comments, suggestions, gripes or retorts to Robyn at robyn@capitolcrowd.com, or to Texas Weekly editor Ross Ramsey, at ramsey@texasweekly.com.

Comptroller Carole Keeton Strayhorn is sharpening her jabs at Gov. Rick Perry in a new round of television and radio spots that should be airing by the time you read this.

Perry has added a new spot on education to his mix, and Democrat Chris Bell, who hasn't yet run ads in this final run-up to the elections, will be on the air in a few days, apparently talking about education.

Strayhorn's two new ads are almost identical, with the changeable element being a mention (italicized in the second script below) of state-paid lobbyists in Washington, D.C. As with her earlier stuff, the new ads feature the comptroller standing in front of a white background and talking. The scripts:

"Hear Our Voices"

Strayhorn: "I'd be embarrassed. Our public schools still can't count on funding, but our governor still has his $300 million corporate welfare slush fund. That's not Robin Hood — that's robbin' everybody, and it's wrong. Let's get rid of our governor's slush fund and ban all gifts from lobbyists. I want Austin to hear our voices. I'm Carole Keeton Strayhorn. This grandma wants to shake Austin up."

"Hear Our Voices DC Lobbyists"

Strayhorn: "I'd be embarrassed. Our public schools still can't count on funding, but our governor still has his $300 million corporate welfare slush fund. That's not Robin Hood — that's robbin' everybody, and it's wrong. Let's get rid of our governor's slush fund and ban all gifts from lobbyists and end the millions of dollars going to DC lobbyists. I want Austin to hear our voices. I'm Carole Keeton Strayhorn. This grandma wants to shake Austin up."

Perry's newest spot finds him boasting about school performance, teacher pay and higher state spending. As he speaks, he's seen walking through a school library full of students and greeting kids getting next to a school bus. Another shot shows a teacher working with students. And there are text graphics to reinforce points made in the script. If your eye wasn't on the television, you'd never know who's being promoted; Perry's name is never spoken. The governor is also the announcer for this script:

"Schools"

Perry: "Public school funding, student achievement, and standards are all up. I'm proud of Texas schools. Since I became governor, education funding has increased $9 billion. We passed a $2,000 teacher pay raise and the nation's largest merit-pay program. We've accomplished a lot, but we still can do more. That's why we're directing schools to spend at least 65 percent of their money on classroom instruction. Education is our future, and my highest priority."

Carole Keeton Strayhorn is the beneficiary of a Kinky-style animated ad paid for by a third-party political action committee based in Austin and formed to fight Gov. Rick Perry's Trans Texas Corridor. To make things even more interesting, her campaign is one of the group's contributors.The People for Efficient Transportation PAC (PET PAC) has a two-and-a-half minute cartoon loaded on the Internet attacking Perry's highway plans and urging voters to support Strayhorn. You can see it at YouTube.com if it doesn't show up on your screen here.

DumpPerry.com — the Internet domain at the end of the spot — is registered to PET PAC, also noted there. The address given is in Austin's Circle C Development at the residence of Sal Costello, an anti-toll road activist who also has an advertising firm that he apparently runs from home; it's got the same address and phone number. Two other web addresses — StopPerryLandGrab.com and TexasTollParty.com — jump to the same site.

PET PAC is registered with the state, and has paid Costello for work on various campaigns over the last few years. And they're linked financially to Strayhorn's campaign, which contributed $5,000 (though Friends of Carole Keeton Strayhorn PAC) to PETPAC in February of this year and another $5,000 in April. In one report, PETPAC listed Strayhorn as one of its supported candidates. In other reports, it's supported a number of Democrats and Republicans for various offices, often against incumbents in the Texas Legislature. That's a possible sore spot in the already testy relationship the comptroller has with some lawmakers.

Rick Perry's campaign attacked Carole Keeton Strayhorn for getting secret advice on tax policy from an industry panel that includes some large donors to her campaigns. The tax policies adopted by the comptroller directly affect some of those panelists and/or their clients.

But the attack is a sort of political Mobius strip that ends where it started. The task force appointed by Perry to write the largest business tax bill in state history included some large donors to his campaign, it deliberated secretly, and it wrote a tax bill that had a direct impact on the businesses owned and/or operated by some of those panelists and/or their clients.

A cynic might point out that there are less than 50 days left between now and the election for governor. But that would miss an interesting story. The panels set up to advise executive officers in government — that's everybody who isn't in the legislative and judicial branches — aren't required to meet in public. In large measure, they don't have to report what they're working on or what they're doing. And the reason is that they don't make final decisions about what ought to happen.

The Tax Advisory Commission at the comptroller's office — set up before Strayhorn was in the big office on the first floor of that state office building — gives the comptroller a read on how different interpretations of a given tax law will translate into the real world. The panelists include a number of former comptroller employees who left for the private sector, where they now advise taxpayers on issues with the state's tax collectors. According to the Perry folk, the members of the panel have contributed $641,532 to Strayhorn's campaigns. The biggest single contributor is G. Brint Ryan, whose Ryan & Co. represents companies with cases at the comptroller's office. In their view, the combination of financial support from panelists and her tax rulings — potentially in favor of those supporters' interests — creates a conflict.

But Ryan's bet is hedged. His Austin partner — former Comptroller John Sharp — headed Perry's task force on tax reform, a panel formed late last year to recommend an overhaul of the state's business tax and to make it big enough to pay for cuts in local school property taxes. Perry named two dozen members to the panel, including a fair number who contribute to his campaigns and/or represent businesses that had much at stake in the tax bill.

Because they're advisory panels, the two committees aren't required to hold open meetings (the tax reform panel was disbanded when it finished writing the tax bill that was passed last spring by the Legislature). And both had members benefiting personally or professionally from the work they were doing. And both have members who support the elected official who appointed them. Strayhorn's camp says they amount to the same thing; if she's got a problem here, Perry does, too. Perry's folks say it's different, if only because Strayhorn has the power to make the final decision in tax cases. Perry got to sign the tax bill his panel wrote, but only after the Legislature had a shot at it.

There's one more thing: The relationships between the comptroller's decisions and her campaign contributions are the centerpiece of Perry's campaign against her. Strayhorn has said she'd repeal his tax bill, but that hasn't been the main thrust of her campaign to unseat him.

The state's task force on appraisal reform starts its public tour of the state this week with stops in Lubbock and Amarillo (Thursday and Friday). We got promos for both stops from the committee, the Guv's office, and the Republican Party of Texas.

Tyler and Lufkin are on the calendar for the first week of October. Harlingen and Corpus Christi are the stops on October 18-19. The panel will stop in El Paso and San Antonio at the end of the week that also includes Election Day. Dallas and Houston are set, tentatively, for November 15-16, and the task force will hold a final public hearing in Austin on November 21.

Like the tax panel before it, the appraisal bunch is under no legal obligation to meet publicly. The tax panel that worked out a property tax/business tax swap did its listening in public, and its deliberating and talking in private. This crew, headed by Dallas lawyer Tom Pauken, hopes to kick out a report in December for the Legislature's consideration in the regular session that starts in January.

A new poll of likely voters done for the Texas Credit Union League has everybody in the governor's race well below the 50 percent that would give them a majority.Gov. Rick Perry at the front of the pack, with 42 percent, followed by Democrat Chris Bell at 20 percent, independent Carole Keeton Strayhorn at 18 percent, independent Kinky Friedman at 12 percent, and Libertarian James Werner at 2 percent.

Perry's favorable/unfavorable numbers are 55 percent and 37 percent. Strayhorn's are 41 percent and 26 percent. Friedman's are 27 percent and 31 percent. Bell's are 23 percent and 16 percent. Werner's are 10 percent and 6 percent. Several of the candidates aren't winning the support of people who have a favorable impression of them. And Bell's pulling 23 percent of the vote even though 61 percent of the likely voters either weren't aware of him or didn't really have an impression. In both cases, that's potential ground for movement.

Two more bits before we move on. Perry is getting 71 percent of the support from self-identified Republicans. Bell's getting 44 percent from Democrats. Friedman is getting 6 percent of the Republicans and 14 percent of the Democrats; Strayhorn is getting 15 percent of the Republicans and 20 percent of the Democrats. Second, the pollsters asked people if they were definitely voting for a candidate or just leaning. If you just look at the definite voters, you get Perry at 27 percent, Bell at 12 percent, Friedman and Strayhorn both at 7 percent, and Werner at 1 percent.

Almost half, 47 percent, think the country is on the wrong track, while 42 percent think it's on the right track. George W. Bush's job approval is at 58 percent; 39 percent disapprove "somewhat" or "strongly." Ask them about the direction of their part of the state, and 50 percent of Texans think the direction's right compared to 42 percent who think the state's on the wrong track.

Congress gets a job approval rating of just 38 percent from Texans; 54 percent disapprove of the job done in the U.S. Capitol. More than half — 52 percent — think it's time to give someone new a change in Congress in their own districts. Usually, the federal elected class is hoping for that old formulation: Hate the group, love the local U.S. representative. But the masses are in a testy mood, apparently.

Contrast that with the numbers for the Texas Legislature: 49 percent think the statehouse is doing a good job, while 41 percent disapproves of the works wrought in the Pink Building. The locals are having a hard time there, too: 34 percent think their state legislators deserve another term, while 46 percent would like to give someone else a chance.

We've heard a bunch of Texas pollsters say the party base votes are high (this is usually in conversation about the prospects for independent gubernatorial candidates). And look: 47 percent of Texans say they'll vote for the Republican candidate for the statehouse and 37 percent say they'll vote for the Democrat. Only 11 percent said either than it depends on the candidate or that they preferred a third party choice.

Their top priorities? Add the results for their first and second choices and you get education (58%), controlling immigration and protecting the border (50%), providing affordable health care (35%), keeping taxes low (34%), and improving roads and controlling traffic (12%).

The pollsters talked to 800 Texans over a two-week period, from September 5-18. They used two Washington, D.C.-based pollsters (one from the GOP and one from the Democrats): Voter/Consumer Research, and Hamilton Beattie & Staff.

Sen. Eliot Shapleigh, D-El Paso, said during a debate that he's been assured he'll get a spot on the Senate Finance Committee, but the top aide to the lieutenant governor says there's no deal in the works.

Republican Dee Margo made a remark about Shapleigh being removed from the budget-writing panel to illustrate what he calls El Paso's lack of clout in the Senate. Shapleigh responded with a line that triggered a burst of applause from the audience at that candidate forum: "I spoke with David Dewhurst, several times, and in November, he’s putting me back on the Finance Committee." We followed up with a phone call, and the Lite Guv's chief of staff, Bruce Gibson, says it ain't so: "We haven't promised anyone anything."

Even if there had been a promise, Shapleigh might have ruined it by saying the words out loud. He hasn't won reelection yet. Neither has Dewhurst.

There is an open spot on the committee, left there when San Antonio Democrat Frank Madla resigned from the Senate earlier this summer. Dewhurst has so far chosen not to fill the post, though the committee is working on interim reports and preliminary budgeting for next year. If he sticks to custom, Dewhurst won't name his new committees (assuming he's reelected) until after the legislative session starts in January. Shapleigh, put on the committee and later reassigned by Dewhurst, might be able to get his seat back. But Gibson says it's no sure thing.

Asked about it later, Shapleigh said, "With all due respect, Mr. Gibson was not in the room." Asked if he thought Dewhurst would give a different response than Gibson, he said, "I know what I heard."

The Texas Parent PAC got busy this week, dealing endorsements to candidates they consider pro-education. That's a bipartisan group, but this week's list of candidates doesn't include any Republicans.

Their list includes Democrat Joe Farias, who's running for an open seat in HD-118 in San Antonio. He's a former school board member and his opponent, George Antuna, R-San Antonio, favors limited publicly funded vouchers for private school tuition.

In Austin, the group endorsed Democrat Valinda Bolton over Republican Bill Welch in HD-47. They cited vouchers in that race, too, saying Bolton's the only candidate who's come out against them.

In Dallas' HD-107, the group will support Democrat Allen Vaught, who's challenging Rep. Bill Keffer, R-Dallas. He's a lawyer and a veteran of the Iraqi war.

And they picked another Democrat, Kristi Thibaut, in HD-133, the House seat opened when Rep. Joe Nixon, R-Houston, ran for state Senate. She'll face Republican Jim Murphy in November.

Bob Perry's two checks to Bill Ceverha have floated back into the news, this time in the form of a draft opinion under consideration by the Texas Ethics Commission.

Perry, a Houston homebuilder and heavy contributor to (mostly) Republican causes and candidates, gave Ceverha, a member of the board at the Employee Retirement System, two $50,000 checks. Ceverha is a political consultant and the checks were gifts. Because he's also on the ERS board (an unpaid position), he had to report the gifts. So he reported that he had received two checks, without disclosing the amounts (he and Perry voluntarily disclosed the amounts after an uproar from Democrats was reported in the media).

The Ethics Commission says the disclosure was properly handled, that state law doesn't require the recipient of a gift to disclose its value. Ceverha had to report the gifts, and had to say they were checks. That, according to TEC, met the legal requirements. As long as the check itself is reported, it doesn't make any difference whether it was for $251 or $251,000.

They're getting a lot of blow-back from Democrats who've been pushing for more disclosure. But in the draft of their opinion, they've settled on the blank check approach. If they adopt the draft, that'll be their official position. But that's not the end of it: The commission might ask the Legislature to consider the issue in January, to make the law explicit.

Rep. Elliott Naishtat, D-Austin, has already jumped in to say he'll sponsor legislation requiring the amount of a check to be included in its description on ethics disclosure reports.

Sen. Eliot Shapleigh, D-El Paso, said during a debate that he's been assured he'll get a spot on the Senate Finance Committee, but the lieutenant governor says he won't make committee decisions until the end of the year.

Republican Dee Margo made a remark about Shapleigh being removed from the budget-writing panel to illustrate what he calls El Paso's lack of clout in the Senate. Shapleigh responded with a line that triggered a burst of applause from the audience at that candidate forum: "I spoke with David Dewhurst, several times, and in November, he’s putting me back on the Finance Committee." We followed up with a phone call, and got this quote, attributed to Dewhurst, from one of his aides: "I've been talking to almost all of the senators about committee apppointments. I won't make any decisions until the end of the year."

Even if there had been a promise, Shapleigh might have ruined it by saying the words out loud. He hasn't won reelection yet. Neither has Dewhurst.

There is an open spot on the committee, left there when San Antonio Democrat Frank Madla resigned from the Senate earlier this summer. Dewhurst has so far chosen not to fill the post, though the committee is working on interim reports and preliminary budgeting for next year. If he sticks to custom, Dewhurst won't name his new committees (assuming he's reelected) until after the legislative session starts in January. Shapleigh, put on the committee and later reassigned by Dewhurst, might be able to get his seat back. But it's no sure thing.

Shapleigh, clearly unhappy that the story traveled from El Paso to Austin, stuck to his version. "I know what I heard," he said.

Endorsements are out from Texans for Lawsuit Reform — an outfit that's been known to weigh into campaigns with Real American Money.

That group is pulling for the status quo in all but one state Senate race; they're for Republican Dee Margo, who's challenging Eliot Shapleigh, D-El Paso, in SD-29.

In the House, they're mostly endorsing incumbents in races where they're endorsing anyone at all. The sole exception is in HD-12, where they like Republican Jody Anderson over Rep. Jim McReynolds, D-Lufkin.

They endorsed in eight open seat races, picking the Republican every time (they endorse Democrats, too, but not in this year's open seats). That's a list of candidates that includes Brandon Creighton, R-Conroe, in HD-16; John Zerwas, R-Richmond, in HD-28; Bill Welch, R-Austin, in HD-47; Jim Landtroop, R-Plainview, in HD-85; Thomas Latham, R-Sunnyvale, in HD-101; George Antuna, R-San Antonio, in HD-118, Patricia Harless, R-Spring, in HD-126; and Jim Murphy, R-Houston, in HD-133.

Goo-goo groups, new books, polls, debates, fundraisers, and endorsements (intentional and not).

• A gang of good government groups is pushing a list of ethics reforms they hope the next Legislature will pass. Common Cause Texas, the League of Women Voters, the Gray Panthers of Texas, Public Citizen Texas, the Texas Baptist Christian Life Commission, and Texans for Public Justice want the state to put a $100,000 aggregate limit on individual contributions, to close the revolving door between the Lege and the lobby, to replace judicial elections with appointment and retention elections, to record all but the ceremonial legislative votes, and to create an independent redistricting commission. They've got sponsors lined up for all but one of those ideas: The revolving door limits.

• Watch for "Vice: Dick Cheney and the Hijacking of the American Presidency," another book on the folks in Washington, D.C., written by political reporters here in Texas. Lou Dubose and Jake Bernstein, the former and current editor, respectively, of the Texas Observer in Austin contend that Cheney is the dominant partner in George W. Bush's White House. It's out in mid-October, but on the pre-order list now. Dubose has written books on Bush and on former House Majority Leader Tom DeLay. This is Bernstein's first book.

• We've mentioned "Applebee's America" here before; we're mentioning it again because it's now in the bookstores. Austin political consultant Matthew Dowd, who came up in the Democratic ranks and now works for Republicans (Bush and now Arnold Schwarzenegger) co-wrote it with former Associated Press reporter Ron Fournier and  Douglas Sosnik, who worked for President Bill Clinton. They use political campaigns, the restaurant chain in the title and megachurches to talk about what unites and divides Americans.

• U.S. Rep. Henry Cuellar, D-Laredo, is touting his pollster's finding that he's leading his race for reelection. It's all good news for him (or why would he announce it?): He's got an 8-to-1 positive rating from likely voters and his opponents are not well known. He's at 65 percent, with undecided in second place at 21 percent, Democrat Frank Enriquez at 9 percent, and Ron Avery of the Constitution Party at 5 percent.

• Rep. Martha Wong, R-Houston, will debate Democrat Ellen Cohen and Libertarian Mhair Dekmezian at Rice University October 12. The organizers say Dekmezian, a student, was invited at Wong's insistence. That's getting interesting. Wong is running spots touting her support for the Children's Health Insurance Program (among other things), and Cohen's shooting back, saying Wong voted to cut the things she's bragging she supports. Both sides say that'll be a close race.

• Singer-songwriter Robert Earl Keen will do three fundraisers for the Texas Democratic Party, one each in Austin, Dallas, and Houston. All are acoustic sets. All will be held in private homes. Tickets range from $1,000 to $5,000.

• The Sierra Club endorsed Democrat Chris Bell in the governor's race, saying he's "made protection of the environment a high priority issue in his campaign."

• Texas Agriculture Commissioner Susan Combs, a Republican, endorsed statehouse candidate Michael Esparza, R-Alice, who's challenging Rep. Yvonne Gonzalez Toureilles, D-Alice, in HD-35.

• The Texas Association of Business fired off an endorsement letter to Rep. Jim McReynolds, D-Lufkin, after telling him, his opponent, and everyone else they'd be endorsing Republican Jody Anderson in the HD-12 contest. TAB President Bill Hammond said the letter was a simple mistake — TAB's political action committee (called BACPAC) is sticking with Anderson.

The Texas Association of Business fired off an endorsement letter to Rep. Jim McReynolds, D-Lufkin, after telling him, his opponent, and everyone else they'd be endorsing Republican Jody Anderson in the HD-12 contest.TAB President Bill Hammond said the letter was a simple mistake — TAB's political action committee (called BACPAC) is sticking with Anderson.

Former Texas Gov. Ann Richards was laid to rest Monday at a private service followed by a memorial at UT's Frank Erwin Center attended by several thousand friends and admirers.

KUT-FM, the public radio station in Austin, has an audio version of the memorial service available online.

Richards was buried at the Texas State Cemetery on a hill with 13 other Texas governors and a host of historial figures. That service included words from comedienne Lily Tomlin and music from singer Nancy Griffith.

Former Dallas Mayor and Texas Secretary of State Ron Kirk led the memorial service, which featured a short film about Richards and music from soprano Jessye Norman and the Wesley United Methodist Church Intergenerational Choir. It included four speakers: New York Post gossip columnist Liz Smith, former San Antonio Mayor and U.S. Housing Secretary Henry Cisneros, U.S. Sen. Hilary Clinton, and Lily Adams, the oldest of Richards' grandchildren.

Adams, 19, followed that row of famous orators with stories about "Mammy," the name the grandkids had for Richards. She said the standards were high, but not harsh:

"There were the simple yet profound lessons Mammy taught us all. You can wear black with anything. Never wear patterned clothes on television. Stand up straight. Always wear your name tag on the right. And when you give a hand shake, do it like you mean it. But more importantly, Mammy taught us that life is about service. About helping the people you care about, helping them do the things they need to do and want to do, in politics or anything else...

"Mammy had learned the most important lesson of all and she was teaching it to all of us. That lesson was simple. This is your life. It is the only one you get. So no excuses, and no do-overs. If you make a mistake or fail at something you learn from it, you get over it, and you move on. Your job is to be the very best person you can be and to never settle for anything less."

Former Texas Court of Criminal Appeals Judge Louis Sturns of Fort Worth will join the Texas Safety Commission, which oversees the Texas Department of Public Safety. Sturns, appointed by Gov. Rick Perry, has been practicing law since he lost a reelection bid for the state's highest criminal court. He also did a stint as a Texas Racing Commissioner and a member of the state Ethics Commission.

Jay Dyer is the new general counsel to Texas Secretary of State Roger Williams. He's been the director of regulatory affairs at the Texas Association of Builders, and was with the Austin office of Vinson and Elkins before that. He's replacing Trey Trainor, who left SOS to go back to work for state Rep. Phil King, R-Weatherford. 

Dr. Dan Stutz is the new president and CEO of the Texas Hospital Association. He'll replace Richard Bettis, who has been in that job since 2001. They'll make the switch at the end of the year. Stultz, the CEO at Shannon Health System in San Angelo and the former chairman of THA's board of trustees, was hired after an 11-month search.

Gena Nivens Keller is the new director of communications for the Texas Cable and Telecommunications Association, a spot they'd been out-sourcing. Kirsten Voinis will stay on as an outside consultant. Keller has been running her own PR firm until now.

Lauren Presnal moves from the Texas Department of Agriculture to the Senate, where she'll be an aide to Sen. Kel Seliger, R-Amarillo.

Deaths: Former state District Judge Edward Marquez of El Paso, who convened a court of inquiry in 1994 to call the state to task for inadequate funding of highway projects in El Paso. He was 75.

Gregg Cooke, the former regional head of the Environmental Protection Agency, after a workout at the Dallas YMCA. He was named to that federal spot by President Bill Clinton, but retained by President George W. Bush, who opted for continuity (there were some clean air issues pending at the time) over party. Cooke worked in the Texas Attorney General's office before taking that federal post. Since leaving that gig, he'd been a lawyer with Guida, Slavich and Flores, a Dallas firm. He was 51.