The Week in the Rearview Mirror

A huge tax refund to Texas Instruments has rekindled questions about the conflicts that arise when tax consultants make political contributions to the tax collectors who decide their cases.

Four local governments are on the hook for a total of $31.3 million in taxes overpaid by the Dallas-based tech company, according to state records and to the company. That's their share of a refund from state Comptroller Carole Keeton Strayhorn's agency to the company that, when the state's share is added in, totaled at least $128 million.

Ryan & Company, a Dallas-based tax consultancy, represents Texas Instruments in tax matters in Austin, according to a TI spokeswoman. Ryan is politically hooked up: Its Austin office is headed by former Comptroller John Sharp, who helped Gov. Rick Perry design and enact a new business tax earlier this year. And the company is one of Strayhorn's biggest contributors.

Perry's campaign — while stopping short of saying TI wasn't due the refund it received — says the relationship between Strayhorn and the tax consultants "reeks of corruption." Citing a state auditor's report that was critical of the appearance of such conflicts, a Perry spokesman said Strayhorn should be looking for political support elsewhere.

"There's a close enough connection that Texans should be deeply concerned about the comptroller specifically, and certainly about her relationship with her number one contributor," said Ted Royer, a spokesman for Perry's campaign.

Mark Sanders, a spokesman for Strayhorn, said there's no connection. The company overpaid its taxes and was due a refund, he said. Strayhorn "didn't even know about the refund until she read about it." He said the TI case was decided "at the staff level," that it never reached Strayhorn — in spite of the dollar amount, the prominence of the company, and the fact that four local governments were in the crossfire.

He added that, because tax matters are confidential, it's tough to avoid the appearance of a conflict. "The comptroller is always going to be an elected official... they're always going to have opposition, and all the opponents have to do is raise questions about impropriety."

The TI case flared up after the comptroller's office sent letters to the cities of Dallas, Sherman, and Stafford, and to the Dallas Area Rapid Transit Authority in June and July, notifying them that "a large direct pay taxpayer" overpaid its taxes between 1995 and 2003. The letters didn't name the taxpayer. But Texas Instruments disclosed the tax refund in its quarterly financial statements filed with the U.S. Securities and Exchange Commission. Company spokespeople later identified Texas as the source of the sales tax refund.

The $77 million reported in those filings, according to a spokeswoman, is a "net benefit to the company." The amount actually returned to TI by Strayhorn's office was much larger, though the exact amount wasn't revealed by either the company, the comptroller's office, or any of the cities involved. [Editor's note: The company reported $57 million in refunds attributable to taxes on semiconductor sales and another $20 million that was booked to Other Income; we reported the lower number as the total last week, and should have reported the full $77 million.]

When you do the math yourself, though, you'll discover the state refunded Texas Instruments at least $128 million and probably more (we backed into that number, and we'll show our work — just like we did for Mr. Sherwood in 8th grade math — in the sidebar titled Where Our Numbers Came From).

The difference — at least $51 million — covered the company's costs of getting the refund. That would include money paid to tax consultants, lawyers and other professionals who helped the company obtain the refund.

Execs with Ryan & Co. — and the political action committee affiliated with the company — gave Strayhorn a total of $225,000 during the first six months of this year, according to campaign finance reports she filed with the Texas Ethics Commission. Her gubernatorial campaign booked all of those donations on June 27, except for $50,000 from the PAC that came in four days earlier. Another $150,000 was donated by Amanda Ryan — wife of company head G. Brint Ryan — also on June 27. That brought the total to $375,000. The campaign reporting period ended on June 30, and Strayhorn reported total contributions of $3,108,451.

The PAC and the same group of execs — give or take a couple — contributed $401,000 to Strayhorn in the last days of December. All but $1,000 of that came into the campaign on December 29, a couple of days before the end of that campaign reporting period and in about the same time frame that she and other candidates were filing papers to run for office.

Ryan, the company's chief, didn't return calls seeking comment on how and why he and other execs support Strayhorn, or about his views on the "appearance of conflict" problems identified by Perry's campaign or the auditor's report.

The auditor's report, issued almost a year ago, recommended a cleanup while saying it found no dirt: "We are not implying any wrongdoing on the part of any individual or group associated with the information in this report." The recommendations were nevertheless strong: a ban on campaign contributions from taxpayer representatives; required registration for those reps and lawyers; moving the state's tax courts out of the comptroller's office; limits on "management halts," where top tax officials put cases on hold; and reports from the comptroller on the tax assessment numbers at various stages in administrative cases.

Gov. Rick Perry's name is on a couple of high-cost ideas that might appear in his State of the State address, and that might explain why he'd want to sell the state lottery to raise money.

He's backing a $3 billion investment in cancer research that would serve the dual purpose of working on a cure and attracting top medical talent to the state. The folks who came up with that idea have suggested general obligation bonds to fund it, with money from taxpayers and possibly from inventions and patents developed by the research paying off the bonds.

And the governor has told reporters he'll have "a bold plan" to address the high number of Texans who don't have health insurance. He has said he's particularly interested in those who have jobs and can't get or afford coverage, and with children. Insurance for kids could cover for selling the lottery; proceeds from the games go to education (it's about 3 percent of the overall tab, but every bit helps), and it would take something like health insurance for kids to justify pulling money away from education. And with the state in comfortable financial shape, the education money could be replaced by funds available now from other sources.

Perry dropped the idea of selling the lottery in an interview last week with the Austin American-Statesman. He didn't detail it, but the lottery is expected to produce a profit of $2.13 billion over the next two years, according to the state comptroller. The state would presumably take a lump sum in return for selling that cash cow; a quick back-of-the-envelope estimate puts the value of that at between $9 billion and $12 billion.

Spat over rules or not, the House can now get to work on the state budget, supplemental appropriations, property tax swaps, water issues, the sporting goods sales tax and funding for state and local parks, and Jessica's laws.

Gov. Rick Perry declared those items emergencies, meaning the Legislature can get to work on them right away.

The House — blocked by a group of Democrats — couldn't muster the votes to ignore that constitutional time limit. Perry's action opens the door for the issues on his list.

If you're keeping score, the governor is in control of what can be considered by the House during the next month. Ordinarily, that would be up to the House and its presiding officer.

Only one company makes the HPV vaccine mandated by Gov. Rick Perry, and Merck & Co. is hoping to bring in $50 million from Texas during the first full year the mandate is in place. It's a $360 regimen delivered in three shots over a six-month period.

Texas is the first state to require the vaccine (there's an opt-out provision for parents who don't want their daughters immunized).

The Merck & Co. drug in question is called Gardasil.

Perry's executive order potentially takes the issue out of the Legislature's hands. Lawmakers won't have to vote on it now and can avoid a politically dangerous issue. On the other hand, some lawmakers — particularly those who don't agree with Perry on HPV vaccines — think he should butt out and leave it to lawmakers. Nothing he's done prevents lawmakers from fighting it out, though his action foreshadows a veto if they pass something contrary.

Perry's executive order says that 11- and 12-year-old girls have to have the shots before entering sixth grade, starting in 2008. HPV is the country's most common sexually transmitted disease, and certain types of it can cause cervical cancer — the second-leading type of fatal cancer in women around the world, according to the Centers for Disease Control. That agency also says the vaccine "does not appear to cause any serious side effects."

Some of Perry's normal allies — social conservatives — are against him on this one. Cathie Adams of the Texas Eagle Forum accused him of corruption and blamed the lobbying campaign led by Merck & Co. for his mandate to use what she called "an experimental vaccine." Rep. Dan Flynn, R-Van, said Perry's move was "an effort to circumvent the legislative process." He wants it left to parents. Sen. Kevin Eltife, R-Tyler, said he's not opposed to funding the vaccine for people who want it, but doesn't think the state should make it a requirement. He wants it left to parents, too. Sen. Jane Nelson, R-Lewisville, called a press conference to say Perry should leave this to the Lege. Rep. John Zerwas, R-Houston, who identifies himself as the only practicing doctor in the House (the Senate has two), says HPV doesn't pose the same sort of contagious threat posed by other diseases on the school immunization lists, like measles and chicken pox. And because it's only transmitted by sexual contact, he's against adding it to that list of required shots. The Harris County GOP sent out emails calling on Republicans to tell Perry to rescind the order. And the chair and vice chair of the state GOP — Tina Benkiser and Dr. Robin Armstrong — asked the governor to pull back his directive and let the Legislature work on the issue.

After a weekend of noise about it, Perry put out a second press release (the first one was the original announcement) saying he's in the pro-life position on this one. "Providing the HPV vaccine doesn’t promote sexual promiscuity anymore than providing the Hepatitis B vaccine promotes drug use.  If the medical community developed a vaccine for lung cancer, would the same critics oppose it claiming it would encourage smoking?" And he repeated his promise that parents would be able to opt out if they don't want their daughters immunized.

Three bills on the subject — all promoting vaccinations — were filed before Perry announced his directive. In the aftermath, Sen. Glenn Hegar Jr., R-Katy, filed a bill that would prohibit making the immunization a condition for enrolling in school.

Merck is backing an organization of female legislators from around the country to promote the vaccinations. In Texas, the four directors listed on that group's website are Reps. Alma Allen and Senfronia Thompson, D-Houston; Dianne White Delisi, R-Temple; and Ruth Jones McClendon, D-San Antonio.

Delisi — whose daughter-in-law, Deirdre Delisi, is Perry's chief of staff — peeled away from the governor's position in a written statement, saying she respects his goal but things the Lege ought to be in front and that parents should have "absolute authority" over health care decisions involving their kids.

WIG's website also lists GlaxoSmithKline as a supporter. That company is reportedly trying to bring a competing vaccine to market.

Merck's Texas lobsters are Mike Toomey, Lara Laneri Keel, and Holly duBois Jacques. Toomey's getting the most attention, because he's Perry's former chief of staff, but if you go by the money, Jacques leads the team. Merck pays her $100,000-$149,999, according to the Texas Ethics Commission; Toomey and Keel (who are colleagues) reported income of $25,000-$49,999 from Merck. GlaxoSmithKline, which isn't in the game yet, has 10 lobbyists registered in Texas.

Attorney General Greg Abbott filed suit against Sprint Nextel Corp., saying the company's breaking the law by "implying that an additional fee on customers' bills was a state-imposed tax."

He's aggravated about the company's line-item "reimbursement" for the state's new business tax. That tax isn't due next year, but it applies to business activity in 2007. Sprint and Nextel put it on customers' cell phone and wire-line bills starting last month.

Comptroller Susan Combs wrote to the company last week, objecting to their use of the term "reimbursement" for a tax that's not yet been paid. And she wrote that that one percent fee the company is charging its wireless customers is higher than the maximum margins tax rate of 0.7 percent. That, she said, "appears to clearly conflict" with state tax laws. She asked the company to remove the charge from its bills until the Legislature has a chance to act. A spokesman for the company said they haven't done wrong and won't be taking any corrective action.

In his lawsuit, Abbott agreed with all of that as a violation of the state's deceptive trade practice laws, and said the company is also violating an agreement with Texas and 31 other states who won a settlement with the company after suing it for deceptive billing practices. The company didn't agree to any wrongdoing at the time, but signed off on an agreement that has a section that, according to Abbott, applies to the current situation. He wants the courts to issue an injunction.

This is from the 2004 agreement:

"On Consumers' bills, Carrier will:

"a.    separate (i) taxes, fees, and other charges that Carrier is required to collect directly from Consumers and remit to federal, state, or local governments, or to third parties authorized by such governments, for the administration of government programs, from (ii) monthly charges for Wireless Service and/or Enhanced Features and all other discretionary charges (including, but not limited to, Universal Service Fund fees), except when such taxes, fees, and other charges are bundled in a single rate with the monthly charges for Wireless Service and/or Enhanced Features and all other discretionary charges; and

"b.    not represent, expressly or by implication, that discretionary cost recovery fees are taxes."

Text of Gov. Rick Perry's State-of-the-State Address (NOTE: Gov. Perry frequently deviates from prepared text.)Members of the Legislature, distinguished guests, my fellow Texans: It is an honor to speak from this historic dais once again just three weeks since I took the oath to serve as your governor for four more years. I am honored to appear before you today with my best friend by my side. She has been there through the good times and the bad for nearly 25 years of marriage - the love of my life - the First Lady of Texas, Anita Perry. Joining me today are two strong leaders. Three times the people of this state have elected the man who serves as your lieutenant governor. He is a bright and compassionate leader, and the top cutting horse rider in the Texas Senate, my friend, David Dewhurst. And three times the members of this House have elected their leader as speaker. He has been my partner in the conservative cause for more than 20 years, my long-time personal friend and fellow West Texan, Tom Craddick. As we begin 2007, Texas is perched at the forefront of a new era of prosperity. The economy is growing and government revenues are on the rise. Our state surplus is larger than ever just four years removed from our largest shortfall ever. Frivolous lawsuits are down, as are insurance rates for homeowners and doctors. Thanks to medical liability reforms, hospitals are once again able to recruit specialists whose expertise can mean the difference between life and death. School funding, teacher pay and classroom achievement are all up. More Texans have a job than ever before, and more own a home - a trend that is unlikely to change because you had the wisdom to cut school property taxes by 33 percent last year. The high-tech engine is once again generating jobs, innovation and investment. Our state is building roads faster than any state in the nation. And a landmark telecommunications competition law has resulted in better choices for consumers while unleashing over a billion dollars in new investments. For many, times are very good. But left out of the jubilation are nearly four million Texans who live in prosperity's shadow rather than its light. Many live in families without a college education or even a high school degree. Some are low-wage earners whose jobs are not a transition but a dead end. And too many are single parents that hold two jobs to pay the bills while feeling guilty that their children are home alone. No child chooses to be born into poverty. And no parent wishes to see their child go hungry. Yet, for too many, that is the harsh reality of their lives. And these dire economic conditions are often exacerbated by wrong choices, such as drug addiction, debt, and the decision to drop out of school early. For the next four years, my goal is to spread opportunity far and wide for those willing to take personal responsibility for their lives and those they bring into this world. I do not believe government can solve every social ill. Nor do I believe we can tax and spend our way to prosperity. I do believe, however, there are investments we can make today that will lift people out of poverty, bolster the middle class, and ensure the Texans of tomorrow are less dependent on government. This moment in time is a unique opportunity to address great challenges and build the foundation for a future of unparalleled prosperity. One of the greatest obstacles to individual prosperity is the rising cost of healthcare. Years of hard work and savings can be wiped out with the onset of one life-threatening illness. Every day millions of our citizens play a dangerous game of healthcare roulette as they go without health insurance. Of the five and a half million uninsured Texans, two million are adults with incomes below 200 percent of the federal poverty level. Most are working Texans whose jobs offer healthcare benefits they can't afford, or no benefits at all. Today I am proposing a new initiative called "Healthier Texas" that will open the door to more affordable insurance options for two million working Texans. This initiative redirects hundreds of millions of federal dollars spent on uncompensated care for the uninsured to the creation of a funding pool to purchase insurance for working Texans below 200 percent of the federal poverty level. For every half a million Texans that sign up for insurance under this plan it would cost the state a little more than $200 million and help us draw down a federal match of more than $300 million. And there would be no cost to state general revenue, which I will explain in detail in a few minutes. Under Healthier Texas, the state would provide monthly premium assistance payments of as much as $150 per individual, depending on family income. For some this would help with the purchase of a catastrophic plan. For others it could be part of the financing for a full-benefit plan that could include contributions from employers and individuals too. And for a low cost we could add children too. The financial cost would be modest, the social benefit extraordinary. That's because this plan recognizes the long-term benefits of providing Texans preventative care through insurance instead of paying for costly emergency room visits. Patients once stuck in overcrowded emergency rooms would start seeing primary care physicians. Preventable conditions would be treated with less pain and at a lower cost. And we will make the private insurance market more robust. This solution recognizes the wisdom of expanding the insurance market without a government takeover of your healthcare and without adding one more Texan to the government rolls. Like any plan, its success will depend upon the willingness of uninsured Texans to enroll at a modest cost. The foundation of personal empowerment is personal responsibility. Government can design programs, but adults must take the initiative to do what is best for their children and themselves. Access to quality healthcare and affordable insurance is a challenge for all Texans, especially for the employees and owners of small businesses. I don't believe the answer is government-mandated insurance. Like payroll taxes, mandated employer contributions discourage the economic activity we want to promote, which is job creation. In Texas, we have begun to address this issue through the creation of health cooperatives and purchasing groups that allow various small employers to band together and seek more affordable insurance by creating a larger patient pool. We must also be careful during this important debate to not confuse access to insurance with access to quality healthcare. Even those with insurance coverage can be denied vital care when medical decisions are made by insurance companies instead of doctors. And Government-run programs, like Medicaid, offer doctors a paper thin margin while causing exploding costs in state budgets. We must take innovative measures, with the help of Washington, to reform Medicaid. There is no reason for healthy children and pregnant women to have the exact same benefit plan as Medicaid recipients with long-term healthcare needs. Washington's "one size fits all" approach to Medicaid will bankrupt the states. To Washington I say this: give us flexibility to design different plans for different populations, to introduce co-payments for emergency care in order to encourage preventative care, and let us give consumers greater choices. Healthcare is the only significant sector of our economy where consumers don't know the price of products and procedures, and often don't care. For those that are insured, little thought goes into effective healthcare utilization because someone else pays the bill once co-payments and deductibles are met. For some, the best way to lower the cost of healthcare is through market-driven incentives like health savings accounts. These accounts put healthcare decisions back in the hands of consumers who have a renewed incentive to control costs. Healthcare is also one of the last sectors of the economy yet to embrace the information technology revolution, including electronic medical records. Electronic records are critical to reducing medical errors and stopping healthcare fraud. And ensuring patients have the best care possible requires more than the lawsuit reforms we passed in 2003 - it requires better Medicaid reimbursements. That's why my budget invests more than a half billion dollars to increase Medicaid reimbursement rates for hospitals and physicians. Let me say a few words about the human side of the healthcare issue. A man of faith once told me that the statistics of death are one out of one. Though his point had to do with the hereafter, it got me to thinking about how quickly our lives can change in the here and now. One day you're as healthy as can be, the next you are in the fight for your life against a deadly disease like cancer. Cancer does not discriminate based on age, gender, race or income. It can strike the fittest of athletes, and the smallest of children. Rick and Lori McGrath watched their daughter - Marin - battle brain cancer at the age of two. The doctors thought she had won the battle, but two years later she had a recurrence of the same cancer. At the age of four her precious little life was lost, and all its great potential. For all the little Marin's of this world, we must do everything in our power to defeat cancer. Rick and Lori, we are sorry for your great loss. Thank you for your courage. I don't know when the day will come that we find a cure for cancer, but I do know it is my dream to accelerate its arrival with a multi-billion dollar cancer research initiative that can save lives and provide millions renewed hope. Recent progress gives us hope of ultimate victory against this disease. For the first time ever we have a vaccine that can prevent a cancer - a vaccine that prevents the spread of HPV, the leading cause of cervical cancer in women. I understand the concern some of my good friends have about requiring this vaccine, which is why parents can opt out if they so choose. But I refuse to look a young woman in the eye ten years from now who suffers from this form of cancer and tell her we could have stopped it, but we didn't. Others may focus on the cause of this cancer. I will stay focused on the cure. And if I err, I will err on the side of protecting life. Sadly, there is still so much we don't know about cancer. The proposal I offer is large enough in scale that it will attract world-renowned researchers to Texas to find the cure for cancer. It is also large enough that it will bring our university scientists together in a tremendous collaborative effort to find a cure. And aggressively pursuing this kind of research does not require the use of embryonic stem cells. I am also proposing a source of funding that does not dry up with time or cost the state general revenue, unlike a bond proposal. Conservative estimates tell us that the state lottery could be sold to the private sector for $14 billion. Using these resources, we could create a $2.7 billion endowment for the uninsured that generates close to a quarter billion dollars in interest payments every year. We could also create a $3 billion cancer research trust fund that would annually generate more than a quarter billion dollars each year to the fight against cancer. And the rest of the money - more than $8 billion - could be dedicated to a public education endowment that would provide about $800 million a year for public education. Imagine the possibilities if we create a permanent endowment for public education, a permanent source of funding for making health insurance more affordable and available, and a long-term source of substantial funding to fight a disease that touches the lives of virtually every Texan. If you are thinking about how all the numbers work, don't forget these numbers too: there are 400,000 Texans who have survived this deadly disease but who know its great emotional cost. There will be 95,000 Texans diagnosed with cancer this year. And 34,000 Texans will lose the fight and die too young. These people are our neighbors and our co-workers, our husbands and wives, our precious children. Why take such a bold action, such as selling the lottery, in a time of record surpluses? Let me tell you why: two states are currently trying to sell their lotteries and several more are likely to follow. If we delay, the market price is likely to be less in the years to come. But if we act now, we can invest in our classrooms, laboratories and hospitals, giving hope to those who need it most. Expanding cancer research is a worthy goal for this legislature, but it is an absolute passion for those on the front lines of this fight: people like the renowned medical pioneer and president of M.D. Anderson, Dr. John Mendohlson. Please join me in welcoming Dr. Mendohlson and his wife Anne. Let's give our best doctors every possible tool in the fight to save lives. (pause) It is a tragedy whenever we lose someone to a deadly disease, and it breaks my heart when people die prematurely from conditions that are completely preventable. We are experiencing an epidemic of obesity among our children that - if not confronted - will ensure this youngest generation will be the first in American history to live shorter lives than their parents. Poor nutrition and bad exercise habits result in higher numbers of diabetes cases and future coronary problems. That's why I have asked the Texas Education Agency to work with every school in Texas to perform a youth fitness evaluation. We will evaluate every student's fitness level and look at corollary data such as student absenteeism, discipline problems, and academic success. The goal will be to use this data to develop a fitness regime in our schools and neighborhoods that will get more children in shape, improve academic performance and set them on course to a lifetime of health and happiness. For the children of disadvantaged families, there is one singular hope for removing them from a cycle of poverty and despair: and that is a quality education. Texas faces unique challenges in this regard. There are more than 600,000 schoolchildren who speak English as a second language, many of whom arrive in the classroom grades behind. Other children not only have the disadvantage of a poor educational foundation, but they have no guiding influence at home. This is why there is no profession more important to our future than the teaching profession. Last summer, we worked together to pass a $2,000 pay raise for every teacher in Texas. But we didn't stop there, because teachers deserve to be treated as individual professionals and not merely as a monolithic profession. Starting this fall Texas will have the largest performance pay program in the nation to reward teaching excellence, and I will do everything in my power to see that it stays that way. Just as we should reward the best, we must also do more to equip more teachers to succeed - especially those who are new to the classroom. I support recent recommendations to improve teacher performance, including greater professional development, a renewed focus on best practices, and removing from our classrooms that small percentage of teachers that chronically under-perform. In education, we have done some groundbreaking work. We were the first state to implement a college-prep curriculum as the standard coursework, the first to tailor individualized graduation plans for at risk students, the first to create customized study guides for students that fail state assessments. But we still have achievement gaps, and the best place to rectify those gaps is during the earliest learning years. That's why my budget invests an additional $80 million to expand the "Early Start" pre-K program that uses pioneering techniques to improve learning among our youngest at-risk students. Perhaps no student population is at greater risk than the children of prisoners. 70 percent are destined to follow a parent's path behind bars if no one intervenes. This is a national tragedy. We must break up the generational cycle of incarceration. That is why Texas was the first state to offer a statewide grant for the Amachi program administered by Big Brothers Big Sisters, which mentors the children of prisoners. For the sake of these children, I ask you to continue funding this important program which changes lives. When it comes to education, we must recognize its value in an interdependent world. Today knowledge is more valuable than raw labor, and those nations that prosper by pushing the envelope of innovation are those that invest in vibrant colleges and universities. That's why I have proposed expanding financial aid by $360 million - so Texas can compete in a global economy. The budget I submit today consolidates numerous financial aid programs into one, and leverages Lieutenant Governor Dewhurst's concept with the "B on Time" program by requiring students to take a certain number of hours per semester, maintain a grade point average of 3.0 or higher and graduate on time. Some have complained these high standards will hurt certain students. But I believe all children have the capacity to excel and we should have high expectations for students of every background. I am also advocating that we set aside $40 million for a new Texas Technology Grant program. Texas produces 5,500 graduates a year in electrical engineering, engineering technology and computer science while our economy produces 11,000 annual job openings in those fields. Visiting the Texas Capitol today is astronaut Joan Higginbotham, the nation's third African-American to fly into space. A member of the Links Program - a public service organization of 10,000 women dedicated to expanding opportunities for African-American women - Joan is an inspiration to many, and living proof that children of all backgrounds can reach for the stars. Let's invest in technology scholarships so that Texans are on the forefront of technology innovation, whether it is here at home, or in outer space. There is another industry shortage we must address because lives are at stake - and that is in our state's nursing profession. I am proposing a $50 million nursing initiative that addresses this shortage in two ways: first, it provides new incentives for recruiting more students and faculty; second, it allows aspiring nurses to become licensed through a pilot program at our hospitals. In total, the investment I am seeking for higher education is $1.7 billion in new money. Included in my proposal is full funding of the Irma Rangel Pharmacy School and the El Paso Medical School. Under my plan, $300 million in new funding is tied to schools meeting performance targets. Funding would increase for degrees awarded in critical fields, graduation rates and success with at-risk students. One of the fundamental changes envisioned by this plan is ensuring more funding follows the students. Ultimately, higher education is not about the buildings we fund but the lives we improve - and we will improve a lot of lives if you increase financial aid by $360 million. Joining us today are outstanding examples of how an investment in higher education can pay great dividends. Please join me in welcoming some of our newest student regents. I am also asking members of the Legislature to join me in making higher education budgets more transparent by breaking out spending into more detailed line-items instead of the current practice of listing entire university budgets in one lump-sum. Just because custodial services or building expenditures are listed in a line-item does not mean they are more likely to be vetoed, but it does mean Texans will have a better idea of how their money is spent. Just last week my office, like Comptroller Combs, began disclosing office expenditures on the Internet. I believe every agency ought to publish its spending on line. The Texas Education Agency has already taken this to heart. Government that is open and honest will always be able to withstand the light of day. Honest budgeting also requires us to end the practice of raising a fee for one purpose and diverting the funds to another purpose. Trauma funds, utility discount dollars and clean air funds have all been diverted to other purposes, often to balance the budget. The solution to this is simple: either we spend fees for the purpose they are collected, or we give the money back. I agree with Speaker Craddick that this practice has done damage to a vibrant parks system. This session let's spend the sporting goods tax on what it was collected for: to create first-class parks that give our people open spaces and fresh air for needed recreation. Today I have proposed a budget that invests in healthcare and higher education, a budget that cuts property taxes and eliminates accounting gimmicks, and that grows the Rainy Day Fund to more than $4 billion. Not only that, it expands upon the record property tax cut of last year by setting aside an additional two and a half billion dollars for tax relief. One way to provide tax relief is in the form of a rebate. The appeal of a one-time rebate is that future legislatures don't have to find the money to sustain it. However, the will of the Legislature may be to provide rate relief instead. Either way is better than the alternative: which is having the money spent on more government. And for the record, I don't believe cutting taxes is the same thing as spending. A spending cap is meant to stop runaway spending, not runaway tax relief. The fight for lower property taxes requires not only a reduction in tax rates, but greater control over appraised values. I believe Texans deserve more than property tax relief - they deserve appraisal relief. It is not good enough to only make appraisals more accurate through sales price disclosure. By itself, this action will only lead to higher taxes. We must also restrain appraisal windfalls. I believe local governments should be able to raise all the revenue they need, just do it with a vote and not through the appraiser's note. And if you want to spend more than five percent a year, there is no need to be shy about allowing the people to vote. For years they have supported worthy bond proposals, and they will do the same for good investments in local priorities. I believe the state should live under a similar spending cap. In a time of record revenues, there is a temptation to spend more than we can sustain in the years to come. That's why I am proposing a stricter spending cap that is tied to the average inflation and population growth of the last six years. This session such a spending limit would be three and a half percent lower than the current spending limit, and would amount to a state spending increase of less than five percent a year. When you exclude tax relief from spending calculations, the budget I have proposed grows state spending less than an average of five percent a year, and more than half of that money - $5 billion - is the cost of getting right with the people after years of accounting sleights of hand. Payments delays and other accounting gimmicks remind me of that character from Popeye - Old Wimpy -who liked to say, "I will gladly pay you Tuesday for a hamburger today." My friends, Tuesday is here. No more Wimpy budgeting. I am also proposing a $100 million investment in a more secure border. There is no such thing as homeland security without border security. It is not hyperbole to say terrorists view our international border with Mexico as a prime point of entry - that is the conclusion of the U.S. intelligence community. While the vast majority of people who come here illegally are economic migrants simply seeking a better life, the small percentage seeking to cause us harm don't dress differently. Nor do they put out press advisories in advance of their arrival. They don't want us to know they are here until they have done mortal damage to our people. The best plan to secure our border involves intensive operations with federal, state and local officials working together to seal off common illegal crossings. So far we have used all available resources to fund additional patrol hours, new vehicles, and new technology for local law enforcement. We have caught drug traffickers and human smugglers off guard and reduced crime in remote border regions so often exploited by criminal operatives. The key element to our success has been the work of local law enforcement officials, such as border sheriffs. Today we are fortunate enough to have some of these heroes in our midst. Please join me in welcoming the members of the Texas Border Sheriff's Coalition. I support strategic fencing in urban areas along the border. But I also believe, like border sheriffs, that the best solution involves added manpower, not unmanned walls. That is why I ask you to fund a $100 million effort that will expand patrols, purchase new technology and protect the border from drug traffickers, human smugglers and other criminal thugs that seek to destroy our way of life. Immigration reform is a federal issue. That's why I urge Congress to pass reform that respects the rule of law. That means two things: those who come here illegally should not be rewarded with amnesty. And it also means those who hire illegal aliens should face tough penalties. Ultimately, the best way to crack down on illegal hiring practices is for Congress to finally pass a guest worker program. A guest worker program recognizes the contributions of foreign workers and captures their income in our tax system, ensuring they contribute to the public services we provide them. And a guest worker program will help us know who crosses our border legally rather than not knowing who crosses our border illegally. Illegal immigration is a problem felt deeply by Texas, while too often ignored by Washington. So in the spirit of that mythical holiday, Festivus, let me begin the airing of grievances with Washington. It is time Washington met its obligations in paying for the costs of illegal immigration. Our hospitals, schools and law enforcement agencies deserve more than praise - they deserve the appropriate level of federal reimbursement. We also believe that the state should not be penalized for savings it has generated by the onerous and unconstitutional Medicare clawback provision. Nor should Washington commandeer Children's Health Insurance Program funds that are allotted to Texas and needed for our children. And we are tired of environmental extremists entrenched in the federal bureaucracy undermining our regional water planning process. We support wildlife sanctuaries, but please stop declaring them on land local officials have identified as viable for water reservoirs. Especially when, as in the case of the Fastril Reservoir in East Texas, even better land has been identified for that purpose. In short our message to Washington is this: let Texans run Texas. I support legislation that establishes more than 20 reservoir sites in statute because securing viable water supplies is vital to the future of this state. Let's continue to invest in clean air by increasing our funding for the Texas Emissions Reduction Program by $180 million. Mobile sources contribute the majority of pollution in Texas. This program cleans up dirty engines and reduces emissions by one ton for every $5,000 invested. Cleaning the air while increasing our power supply is a difficult challenge. Conservation alone will not prevent an energy crunch when our population is expected to double in just over 30 years. Power outages are just a few years away if we don't take action. And while the clean technology known as Integrated Gasification Combined Cycle has tremendous promise for the future, it remains unproven - especially for Texas lignite and Wyoming coal. With current technologies allowing coal to burn at least twice as clean as all of the old natural gas plants we are trying to replace in Texas today, we can meet our power needs while reducing total emissions. In fact, one company's plan reduces their total emissions by 20 percent while increasing their total energy capacity by over 50 percent. At the same time energy producers have announced a new $10 billion investment in wind energy infrastructure, which will keep our ranking as the top wind power producer in the nation. We are also taking the lead in building liquefied natural gas terminals and developing biofuels. And I strongly support new investments in nuclear power. Let me mention a few other priorities. When it comes to criminal justice, I believe we can take an approach to crime that is both tough and smart. I agree with our Lieutenant Governor that sexual offenders who harm our children must face tougher penalties. At the same time, there are thousands of non-violent offenders in the system whose future we cannot ignore. Let's focus more resources on rehabilitating those offenders so we can ultimately spend less money locking them up again. We must also put aside regional differences in order to be prepared for a hurricane of historic proportions. Our windstorm insurance system is out of date, and had Rita made landfall in the Houston ship channel, it would have done great damage to the entire Texas economy, as well as the state budget. We must work together to bolster the state's windstorm insurance fund. I also believe the example we set in Texas can have international ramifications. I join Railroad Commissioner Michael Williams and a bipartisan group of legislators in protesting the ethnic genocide occurring in Darfur by calling on the state of Texas to divest of companies doing business in Sudan. At home, we must continue to invest in jobs by expanding workforce training through the skills development fund, by continuing to fund job creation through the Enterprise Fund, and by increasing funding for the Emerging Technology Fund, which will help us attract the new growth industries of this new century. From our investments at UT-Dallas and Sematech, to our funding for the Texas Institute of Genomic Medicine, we are creating a foundation of prosperity that will last long beyond our years. Moving Texans from the conditions of dependency to the freedom of self-sufficiency requires us to invest in education, healthcare, and the jobs of the future. They are the pillars of prosperity. Before us is a unique opportunity to address great challenges. We can either dissolve into partisan disputes that leave Texas no better off for the 140 days that we are here, or we can join together in a spirit of bipartisan unity for causes greater than self - greater than political party. From providing access to insurance for millions of working Texans, to investing in great colleges and universities, to funding a cancer research initiative that can save countless lives, there is much we can do together. I ask that past disputes be left in the past in order to pursue our future promise, that you choose the high road of unity rather than the easy course of cynicism, and that you join me in leaving the critics on the sidelines to fight the good fight on the front lines. There will be critics of what we attempt. Some will fight for the status quo, even when change is needed for the greater good. Our task is not easy, but none of us were sent here to do what is easy, but to do what is right. And how historic this session can be if we fight for the right, if we empower the powerless and lift up the lowly, if we make this Texas a land of tremendous opportunities and attainable prosperity. The state of our state is good for many. Before us is the challenge to make it good for many more by spreading opportunity far and wide. Let's fight for the Texas we aspire to, the Texas that can be, the Texas that can lead the world. Thank you, and God bless you all.

Rick Perry talked for a long time and made a lot of news with his State of the State speech. To wit: He wants to sell the state's lottery to pay for health insurance for the working poor and for a huge cancer initiative as well as pumping money into public schools. And he wants to limit the growth of state government and give taxpayers a $2.5 billion rebate.

Those are just the highlights.

The question now is whether the Legislature will do anything about it. The legislative record is mixed for Texas Governors — who have little say over the content of the budget and other legislation, save the ability to wave a veto pen. And the joint session of senators and representatives was relatively subdued while the governor presented his wish list, and more quietly, his budget proposal.

It's a long list.

• A "Healthier Texas" program that'll use up to $800 million in state funds and $1.2 billion in federal funds to help up to two million Texans buy insurance. The state would use that money to pay health insurance premiums of up to $150 monthly for working adults whose incomes are below 200 percent of the federal poverty level (for 2007, that'd be everyone with an annual income of $20,420 or less). Perry would pay for it with money now used for uncompensated care of the uninsured in the state's hospitals and from the lottery sale. Hospitals like the insurance idea, but are anxious about getting into the disproportionate share funds that pay for uncompensated care. They fear losing the money from the latter before the money from the former starts coming in.

• He talked about a $3 billion endowment to pay for cancer research, and he offered a public statement about why he's adding an HPV vaccine to the list of shots girls have to have to get into sixth grade. "I understand the concern some of my good friends have about requiring this vaccine, which is why parents can opt out if they so choose. But I refuse to look a young woman in the eye ten years from now who suffers from this form of cancer and tell her we could have stopped it, but we didn't. Others may focus on the cause of this cancer. I will stay focused on the cure. And if I err, I will err on the side of protecting life."

HPV has appeared on the political front in Texas before, though it wasn't this wild. Last year, Democratic gubernatorial candidate Chris Bell said he'd back legislation that does what Perry is trying now to do with an executive order. First Lady Anita Perry gave a keynote address in late 2005 at a Women in Government conference in Atlanta on cervical cancer prevention and elimination. That's a group funded in part by Merck & Co., the company that makes the only government-approved vaccine. Legislation passed two years ago requiring insurance companies to cover the vaccine.

• Perry wants to sell the lottery to pay for the cancer program, the health insurance program and for public schools. He said the state's lottery could bring a price of $14 billion and that the invested proceeds would generate enough annual income to spend $750 million on schools, $130 million on the cancer program, and $250 million for the uninsured insurance plan. That's $1.13 billion a year — more than the lottery produces now. Put an asterisk there; Lt. Gov. David Dewhurst, among others, questions whether funds from a lottery sale would bring in as much as the lottery now produces for the state. House Speaker Tom Craddick seemed nonplussed by the idea. And there's a question of whether to strip some of the proceeds from public education for other purposes, since all of the money goes to schools now and wouldn't under the Perry plan.

• He wants to rebate $2.5 billion to taxpayers. He said he'll push the appraisal reform (presumably what was recommended by his task force on that subject, though he didn't say so). He wants to limit the growth of local governments to five percent unless voters okay more growth. And he wants to limit growth in state spending — not including tax relief — to a six-year floating average of population growth and inflation. He'd repay one-time accounting tricks that were used to balance the state budget in 2003 and 2005. The rebate didn't get as warm a reception as you might think. Other state leaders have other ideas about how to use the money available to budgeteers this year. And Perry didn't describe a mechanism for the rebate; the details are missing.

• He repeated his request to the federal government to give the state more flexibility in its Medicaid program, and he said he's proposing the state spend "more than half a billion dollars" to raise Medicaid reimbursement rates for doctors and hospitals. The Texas Medical Association says that amount is too small, that it would restore cuts made in 2003 and no more.

• The higher education spending unveiled earlier was in there, including increased funding for financial student aid with bonuses for students who finish school in four years. The package includes aid money for technical and nursing students, and full funding for the Texas Tech Medical School in El Paso and Texas A&M's Irma Rangel School of Pharmacy School in Kingsville.

• He won a standing ovation from legislators when he talked about making sure money dedicated for a particular purpose actually gets spent there. He said he's with Craddick on using proceeds of the sales tax on sporting goods for parks.

• The $100 million for border security — a campaign promise — made it into the Guv's speech and into his budget.

• Perry supports legislation establishing 20+ reservoir sites in the state and griped about "environmental extremists entrenched in the federal bureaucracy undermining our regional water planning process." Try saying that three times, fast.

• He wants to go ahead with coal plants to add electric capacity and said alternatives using gas are promising but unproven. And he said he'd welcome new nuclear energy work in Texas.

• The governor wants to put more money into rehabilitation of criminals. He wants tougher penalties for sex offenders who prey on kids. The state should redo its windstorm insurance system in anticipation of big hurricanes and other storms. He said the state should divest of companies that do business in Sudan because of the Darfur genocide.

All but a handful of the state's 31 senators wants Gov. Rick Perry to back off his executive order requiring HPV vaccinations for girls entering sixth grade in public schools.Here's a copy of their letter:

Conservatives are complaining about the Governor's executive order that parents must vaccinate all female children for the Human Papillomavirus (HPV) before the sixth grade. They instinctively feel that the Governor has exceeded his authority.The conservatives are right. He has. This is not the first time, though. Just a little more than a year ago, the Governor issued an executive order requiring elected school boards to spend 65 percent of their budgets in the classroom. Then, conservatives applauded. Both the vaccination order and the 65 percent order, however, violate the law in the same way. Under our constitution, the Governor administers the law; the Governor doesn't make the law. This principle is textbook civics. Making law is for the Legislature. With this principle so clear, how can the Governor possibly claim the authority to require vaccinations? Well, when the Legislature passes a law, it cannot think of every detail, particularly in our increasingly complex world. To deal with the details, the Legislature often authorizes a state agency to adopt rules. So, in his executive order, the Governor hasn't actually required vaccinations; rather, he has ordered a state agency to write a rule requiring vaccinations. Rules, however, must be consistent with state law and must implement, not expand, the law. To ensure that rules comply with the law, the Legislature requires a state agency to go through a careful process of evaluating its legal authority before adopting a rule. In addition, to ensure that a rule is wise, the Legislature requires a state agency to give the public notice of any proposed rule, give the public a chance to comment, consider the public's comments, and provide a written justification for the final rule. Having heard no cry of outrage from the Legislature over his 65 percent order, the Governor has grown bolder, leading to his latest order to a state agency to adopt a rule regardless of legal review, public comments, or agency judgment. We have no idea what he may decree next. We don't want the Governor to create new laws by unlawfully ordering a state agency to adopt a particular rule. If the Governor thinks we should have a new law, he should ask the Legislature to adopt it. If the Governor thinks we should have a new rule, he should ask the appropriate state agency to consider it, but he should not use his muscle to mandate it. Asking instead of telling is not merely a matter of form. When the Governor asks a state agency to consider a rule, he allows the rulemaking process to work. When the Governor orders a state agency to adopt a rule, he short-circuits the process. Any state agency subjected to one of these executive orders will of course go through the charade of complying with the law, but it will only be a charade. When the governor issues an order, agency heads will comply, or agency heads will roll. That is why it is so important for a governor to restrain himself and follow the law. The HPV executive order should serve as a cautionary tale for conservatives and progressives alike. Conservatives should have objected to the 65 percent order, just as progressives should object to the HPV vaccination order. Texans are governed by laws, not by executive whims. F. Scott McCown is Executive Director of the Center for Public Policy Priorities and a retired state district judge.


Texas Weekly's Soapbox is a venue for opinions, spins, alternate takes, and other interesting stuff sent in by readers and others. We moderate submissions to keep crazy people out, and anonymous commentary is ineligible. Readers can respond (through the moderator) to things posted here. Got something to submit? We're interested in everything from full-blown opinion pieces to short bits to observations or tidbits that have escaped us and the mass media. One rule: Your name goes on your words. Call or send an email: Ross Ramsey, Editor, Texas Weekly, 512/288-6598, ramsey@texasweekly.com.

Sam Seale, former Jackson County Judge and longtime executive director of the Texas Association of Counties, died this morning after a long struggle with cancer. He was a policeman, sheriff's deputy and FBI agent before turning to the family ranch and running for office. He joined TAC in 1986 and was named executive director a year later.

A temporary reprieve from the constitutional limit on state spending won approval from the Senate Finance Committee and is on its way to the full Senate. It's tied to tax relief for seniors, which has some of them crying foul.SJR 13 has got two elements. The first would extend last year's school property tax cuts to homeowners with elderly exemptions. They were left out and lawmakers want them included. The second bit has to do with the spending cap. To cut local property taxes, the state agreed to spend more on education, in effect, to take on a larger share of the cost. But the Legislature can't do that without voting to ignore — just this once — the constitutional limit on increases in state spending. (Growth in the next two-year budget would be limited to 13 percent or so without a vote, and it'll take an increase of about 34 percent to cover the state spending that makes the local tax cut possible.) Rather than voting to spend more money, lawmakers are trying to put the decision in the hands of voters. Skittish politicians in the House in particular are afraid voting to increase spending — even for local tax cuts — might get them trouble come next year's elections. They'd rather leave the decision to voters. Both issues require constitutional amendments. That means they'll have to get two-thirds votes in both chambers and then a majority of the voters at the polls later this year. Legislators who oppose the elder exemption are scarce. But the spending limit amendment is more controversial. Here's a taste of that, from Bob Jackson with the Texas chapter of AARP: "The Legislature can already break the spending cap, and seniors should not be used as political human shields." And Jim Dunnam, D-Waco, is trying to slow things down, saying the Legislature shouldn't be messing with a spending cap until the budget is out. That would foul the timing, though, and there's little question that the budget numbers — with that property tax business in there — will be big enough to force the issue.

Tax audits and disputed tax cases should move faster, according to Comptroller Susan Combs. A month after moving the tax courts out of her agency, she's announced a new process she hopes will accelerate tax settlements and decisions.

The whole schmear is posted on the comptroller's website, complete with tiny type and flow charts. Some of the big pieces:

• Tax policy, where broad issues are decided, will focus on open cases so audits and hearings won't get stalled.

• Audit deadlines — those on taxpayers and those on auditors — will be shortened. A new set of audit rules is being readied for publication next month.

• Hearings already in the queue are being reviewed and reassessed.

• Combs will hire a "special counsel for contested cases" who'll report to Deputy Comptroller Martin Hubert.

• Dispute resolution will be taken out of the agency's audit division to get a "set of fresh eyes" on contested cases, Combs said.

• A new mediation process will be set up for cases on their way to tax court, offering an alternate forum for settling fights between collectors and payers.

Combs said she wants to speed tax disputes and audits that can drag on, in some cases, for years. And she wants to remove the appearances of conflicts that stem from the agency's roles as auditor, tax collector, judge, prosecutor and jury.

The judging business has been contracted out to the State Office of Administrative Hearings. Disputed audits get reviewed by independent divisions in the agency. What used to be another function of the auditors now goes to mediators. The new process for taxpayers requires quicker responses from both sides, and stiffens penalties on the one hand and auditor discretion on the other to keep things moving.

In an interview, Combs said she "is just trying real hard to say this is very fair and very transparent... If I pay the checks of auditors, prosecutors and the judges, it doesn't look like you're getting a fair shake. It looks gamed from the outset."

She said she doesn't want anyone spinning their wheels while cases are in progress, and wants to end the process of "tolling the statutes" to keep tax cases open for years and years. In a case we reported on last year, several cities got letters from the state saying they'd over-collected their taxes from a large company for years and had to pay Texas back. That started with an audit that — because a taxpayer kept the issue open — reached back almost a decade into the past.

She's now reviewing "audit selection," or how the agency decides which taxpayers have to prove their stuff to the state, and collections practices, which is how the state gets its money out of taxpayers who owe. She said the state has around $475 million in uncollected taxes on the books and she wants to be aggressive about getting it. (That number is smaller than the one used by Combs during her campaign for the office; she acknowledges that $1.2 billion or more that's on the books is uncollectible because of bankruptcies and other calamities.)

On a separate but related issue, Combs wants the Legislature to give her money to hire more experienced and more expensive auditors. She said 60 percent of the auditors hired by the agency in 2004 aren't there any more — that's a 60 percent turnover rate — and said pay at the agency is $10,000 to $25,000 less than what the private sector pays for similarly trained people.

Legislators are up in arms because the Governor issued an order that is intended to prevent cancer. How much more up in arms should they be about an order that will generate new cancers — not to mention heart disease, asthma and brain damage?

The instant and overwhelming outcry from legislators over the Governor's "executive prescription" for anti-cancer shots is a breath of fresh air, and it's coming not a moment too soon. Lawmakers are finally waking up to the Governor's overstepping of his authority through his directives to state agencies. It's too late to prevent many of the processes set in motion through executive orders, but there is still time for lawmakers to take back control and stop the Governor's coal rush.

All year, the Texas Commission on Environmental Quality (TCEQ) has been hurrying through the process of issuing permits for as many as 18 new coal-fired power plants. There is widespread acknowledgement that the proposed plants would exacerbate Texas' already-severe air pollution problems, make thousands of Texans sick, and increase Texas' global warming emissions. The plants would cost ratepayers, cost the health care system, and cost the state if Congress enacts carbon caps.

But the agency is "fast-tracking" the permitting process, reducing the time for public comment and cutting corners on important environmental and health impact analysis. And all because of an executive order from Gov. Rick Perry.

In October 2005, the Governor issued an executive order, "RP-49," directing the TCEQ to shorten the industrial facility permitting process that lawmakers approved several years ago, because of a study showing that Texas will face new electric generation demand in the future and therefore should start planning now to meet that demand. Utility companies responded to RP-49 with campaign contributions and a slew of permit applications.

Local elected officials, health professionals, business interests and residents of affected communities are protesting the proposed plants. Environmental groups have filed lawsuits to intervene in the permitting process. And Rep. Charles "Doc" Anderson, R-Waco, has filed a resolution, HCR 43, calling for the TCEQ to stand down from the fast-track process so the Legislature can weigh in and to allow time for more complete evaluation of the proposed permits.

Some opponents of the fast-track process oppose coal in general. Others simply want TCEQ to slow down. In announcing his filing of HCR 43, Rep. Anderson said the state should consider all its energy options, including all potential sources of generation, as well as energy efficiency strategies — what he called "the whole enchilada."

But it's a big enchilada plate to consider, and time is running out. The TCEQ has consolidated seven of the contested permits into one mega-permit because the proposed plants are all of similar design. State administrative law judges in Austin will hold hearings on the bundled cases for 10 days in a row starting February 21.

If the Governor's HPV order stands, parents would have the opportunity to opt their daughters out of the vaccination for a variety of reasons including religious and philosophical positions. If the new coal-fired plants are built, no Texan will be able to opt out of the air pollution they produce. No living creature will be able to sign a waiver refusing the global warming impacts.

The HPV uproar has succeeded in focusing the Legislature's attention on inappropriate executive orders; now, let's hope they get serious about saving lives and reassert their authority over the power plant permitting process.

Bee Moorhead is the executive director of Texas Impact, a statewide interfaith group that works on social justice issues. She can be reached at bee@texasimpact.org.


Texas Weekly's Soapbox is a venue for opinions, spins, alternate takes, and other interesting stuff sent in by readers and others. We moderate submissions to keep crazy people out, and anonymous commentary is ineligible. Readers can respond (through the moderator) to things posted here. Got something to submit? We're interested in everything from full-blown opinion pieces to short bits to observations or tidbits that have escaped us and the mass media. One rule: Your name goes on your words. Call or send an email: Ross Ramsey, Editor, Texas Weekly, 512/288-6598, ramsey@texasweekly.com.

More than two dozen House members, led by Rep. Carl Isett, R-Lubbock, are joining most senators in asking Gov. Rick Perry to leave mandates on the HPV vaccine to the Legislature. They don't take a position on the issue, but say it ought to be debated and say "no Texan would willifully abdicate their voice in the legislature to a single office of their government."Their letter, signed by 31 Republicans and one Democrat (they're holding the names on two more signature pages until they've cleared them for publication):