House Democrats split precisely in half and Republicans were one vote short of unanimous, but that wasn't enough to pass a House rule allowing early introduction of and committee work on legislation.The routine measure failed 108-34, after a group of Democrats made an issue of giving House Speaker Tom Craddick the ability to get legislation moving during the first two months of the session. Its failure could slow House business considerably, but it's unlikely to affect anyone who lives and works more than about three blocks from the Capitol. It's a sign that the partisans have their stingers out. And it's probably a sign that, on issues that aren't important to most members — it's a procedural rule, after all — the House isn't ready to defy the speaker just for the sake of defying him. The 34 Nays included 33 Democrats and Republican Robert Talton of Pasadena, one of four House members who jumped into the race for House Speaker in December. At the time of the vote, there were 33 more Democrats on the floor, and they voted the other way, along with 74 Republicans. Craddick stayed out and seven members were absent. Rep. Warren Chisum, R-Pampa, promised to revive the issue for another vote. And there's some history to rely on here: This happened to former House Speaker Bill Clayton, D-Spring Lake, and he got the governor to declare his favored bills "emergencies." That opened them, constitutionally, for consideration and action.

Two kinds of smoke...

Two-thirds of adults in Texas think smoking ought to be banned in places where people work, eat, and drink, according to a poll done by Smoke-Free Texas, a coalition trying to put anti-smoking ideas into state law. That poll, done by Austin-based Baselice & Associates, found that 78 percent of non-smokers want a ban, 66 percent of former smokers want it, and 35 percent of smokers would favor it. Just over half — 54 percent — "strongly favor" such a ban. Sen. Rodney Ellis, D-Houston, introduced the legislation; the groups are still looking for a House sponsor. Sixteen other states already have bans in place.

• Tina Benkiser, the chairwoman of the Republican Party of Texas, recently criticized the leader of the House Democratic Caucus, Jim Dunnam of Waco, for pushing for secret votes in the race for speaker. Seems he was against them on another issue, she said. But a Republican we know spotted that one and sent along an example of the same flip-flop — from Benkiser. She was for a secret vote on whether the national GOP should have a "general chairman" tapped by President George W. Bush. That's not an official position, but denying it was a form of bucking the prez, and Benkiser and others angered Bush allies.

• Take Kirk Edwards off the candidate list if you're talking about possible challenges to Rep. Buddy West, R-Odessa. Edwards got an appointment to the board of directors of the El Paso branch of the Federal Reserve.