Survivor: Austin

House Speaker Tom Craddick had the tenacity to withstand a three-day siege at the end of the legislative session, but it cost him some of his own supporters in the House. The question now is whether the next elections will replace enough of the rebels for him to hold on for a fourth term.

The explosive last weekend of the 80th Legislature's regular session ended with a whimper and not with a bang. Craddick survived. The Senate's relatively mild set-tos healed over when the voter ID bill was declared dead and senators gave the gavel back to Lt. Gov. David Dewhurst. And Gov. Rick Perry, who ran the rapids earlier in the session, managed to dry out some, saving a big part of his soggy agenda.

The Senate closed the books at about 8 p.m. on Memorial Day. The House went until the midnight deadline — the first time in years it's gone past sunset — with Craddick gaveling out as his wife, Nadine, cheered behind him.

The governor, meanwhile, is entering the period of his greatest power. That's the time between now and June 17 — the 20 days following the session when he can veto bills without threat of a veto override. Early signals are that he'll go for a record (the previous record of 82 vetoes was set by Perry two sessions ago). Some of that could get into the budget, where lawmakers put some of their higher education spending in places where Perry can reach it with a veto pen. He's got a chance to make some noise with his veto pen.

Lawmakers — particularly in the House — packed their last two days with major bills, most of which passed. Bills that looked a little puny on Sunday came back to life on Monday.

Several major pieces of legislation didn't get passed until the last day. A water bill was voted down, then voted back to life, suffered through a procedural challenge and finally approved. Parks legislation made it through both the House and Senate after getting in trouble in both places. A homeland security bill that looked dramatic for a bit won House approval. Lawmakers didn't pass a Children's Health Insurance Program bill until the end was near.

Legislators who wanted to force a special session to keep Craddick on the grill for 30 more days didn't get their way. Both sides will now go out and regroup and start the machinery of the 2008 elections. One seat will certainly be in play; Rep. Anna Mowery, R-Fort Worth, doesn't plan to seek reelection. Rep. George "Buddy" West, R-Odessa, might not come back, and there are rumors — strong and weak — about the retirements of a handful of others. Craddick might be losing support. Rep. Sylvester Turner, D-Houston, Craddick's speaker pro tem, announced he'll run for speaker himself in 2009. Democrats who oppose Craddick doubt Turner's sincerity — they say he's creating a comfortable holding space for other Craddick backers. If they're wrong, Turner is another vote that got away from a speaker who can't afford to lose many votes.

Craddick survived the first open challenge to a sitting speaker in years. He displaced Democrat Pete Laney in 2003, after the 2002 elections produced the first GOP majority in the lower chamber since Reconstruction. The session opened with a challenge to Craddick. He won that election — his third — but new challenges emerged in the last two weeks of this session. The actual floor battles didn't erupt until the final weekend, but Craddick hung on. Barring a special session or Something New and Completely Different, he'll remain in his post until the next speaker election in January 2009.

Revolt!

It started innocently enough.

Rep. Jim Dunnam, D-Waco, says there was a debate among Craddick's detractors over the rules. One group argued that a "motion to vacate the chair" would have to be immediately recognized, while another said Craddick would have to recognize that privileged motion, but not right away. He could delay for up to a day or so.

Dunnam decided to ask. But the timing of the question and the answer he got threw the House into turmoil. On Friday afternoon, budget conferees who had already approved and signed their budget went back into session to make some changes. Among other things, they struck a rider affecting Texas Southern University. That was seen as a plum for Craddick's speaker pro tem, Houston Democrat Sylvester Turner, and a slap at Houston Democrat Garnet Coleman. Tempers were already high.

Craddick, who'd been feeling political temblors for several days, had been meeting with lawyers to explore his options. Among them were Austin Republican Terry Keel and Houston Democrat Ron Wilson, a couple of former representatives and rules mavens. They and others were making the argument that a speaker doesn't have to recognize a motion to vacate at all. It's not in the rulebook of the Texas House and they read another rule — Rule 5, Section 24 — to say that a member can't make a motion unless the speaker recognizes them to do so. That's true even with a privileged motion, like a motion to vacate or a motion to adjourn.

You can't challenge the speaker, in other words, without his permission.

Craddick's parliamentarian, Denise Davis, apparently took issue with that (she's not talking, so we're working with other accounts here). She had talked with Wilson and Keel about their version, but had advised other House members — part of her job — that the speaker had to recognize a motion to vacate.

After Craddick surprised Dunnam and nearly everyone else in the room with his answer, Davis and her deputy, Chris Griesel, handed their resignation letters — which had been prepared in advance — to his chief of staff, Nancy Fisher. Davis and Griesel asked to be reassigned to other jobs within the House, and didn't say anything particularly illuminating in their identically worded resignation letters.

When the parliamentary melee started, Craddick pulled a Richard Nixon move (though Craddick's was a Friday Night Massacre and Nixon's happened on a Saturday), appointing advisors who'd agree with him in place of the advisors who didn't. In this case, that meant accepting the resignations from Davis and Griesel and replacing them with Keel and Wilson. Craddick left the dais for more than two hours. When he returned, he announced that Keel was the new parliamentarian and that Wilson had been hired as his deputy.

Craddick's office issued a statement saying, if you read between the lines, that he got advice elsewhere that he preferred to that offered by the parliamentarians. It's attributed to his press secretary, Alexis DeLee: "In the last few weeks, the Speaker has received a number of informal inquiries on intricate and complicated constitutional issues. Consequently, he has canvassed a wide range of legal opinions, and in some cases has put a higher premium on that counsel. As a result, Denise has resigned and has asked to be transferred. The Speaker will be complying with her wishes."

Once they were in place, he announced his rulings that the chair has the unappealable power to recognize motions — or in this case, not to recognize them. You can't challenge the speaker, in other words, unless the speaker says you can challenge the speaker.

The official version of this — which Craddick entered into the House Journal — says no member of the House can be tossed out of office except by a two-thirds vote or a bribery conviction. And he said the House Rules don't include provisions for removing the speaker during session. And trying to add such a rule now would, he said, amount to an attempt to amend the state constitution.

The outside drumbeats began while the House was still in session. The Republican Party of Texas sent out a flight of emails urging people to "Please call your State Representatives RIGHT NOW and tell them to put principle first by getting back to the business of the House — debating legislation, not dishonoring the people of Texas and our legislative process! The move to vacate the chair at this time will cause anarchy in the House."

The Texas Eagle Forum noted the start of the "coup d'etat" and characterized it like this: "A handful of RINOs, Republicans in Name Only, and about 50 Democrats are trying to wrestle the leadership position away from the House from Speaker Craddick." They also urged calls to members, telling legislators to stick with Craddick.

Several times over the next hours and days, Craddick told various members that he wouldn't recognize them for a privileged motion to vacate the chair and that he would block any appeals of that decision. He repelled the mutiny by saying he has the power to ignore any motion questioning his rulings from the chair. The House quit at about 2 o'clock on Saturday morning.

Inside Out

Saturday's play from the insurgents was to try to get the votes together to block the budget. It's the only bill that has to pass, and the thinking was that Gov. Rick Perry would have to call the Legislature into special session to do repairs. Craddick wouldn't last for a full 30 days, his opponents thought, and they were working to blow up the budget.

A rule from basketball: If you can't play an inside game, you have to develop an outside game. That transfers to legislative politics. If you're thwarted inside the system, you have to go outside. Lawmakers trying to whack Craddick lost their inside game late Friday and early Saturday when Craddick ruled that, in effect, they can't remove him from office without his permission.

If he won't recognize them for a vote on whether he should stay, they see no other way, inside the system, for them to displace him with less than two days remaining in the regular session. A 30-day special session, they figured, would give the mutineers more time to work, trying to build outside public opposition to Craddick while looking for procedural ways to topple him.

The budget could be blocked in either House. Two senators talked seriously about filibusters if they don't get what they want (indigent care money for Galveston's state-owned hospital in one case, and that budget rider for Texas Southern University in the other). With so little time left, a filibuster could've killed the thing.

Sen. Kyle Janek, R-Houston, took issue with missing money for indigent health care. It's complicated, but the simple version is that Galveston's teaching hospital isn't getting $13 million it needs to take care of patients who can't pay for their own health care.

Janek said he's worked on the issue for the entire session and didn't learn, finally, that the money wasn't in the budget until the final week. He's met with officials from the University of Texas System, which operates UT Medical Branch's John Sealy Hospital, and with folks from the Legislative Budget Board, to try to work something out. He didn't get anything into the budget, but got enough assurances to drop his opposition.

He put the budget into the fourth quarter, though. Without voting to suspend their rules, the Senate couldn't vote on the appropriations bill until Sunday evening, easily within the time frame to kill the budget by talking.

Janek wasn't the only senator talking about putting on comfortable shoes and talking the budget to death. Sen. Rodney Ellis, D-Houston, said the late decision to kill a provision for Texas Southern University had him considering a filibuster. It would have provided $25 million in contingency funding for the troubled school, but was wiped at the request of the House, allegedly a pawn in the speaker race. The money might still be there, but other provisions died with the rider. Ellis, like Janek, backed off. But intentionally or not, they gave the House time to work.

A Non-Surprise Party

What did Craddick's foes do with the time? After a mild debate and a series of closing speeches that lasted more than two hours, the House easily passed a state budget for 2008-09.

The vote was 114-35, with Democrats split 39-30 in favor of the bill and Republicans voting 75-5 in favor of it. (That's no drama at all, and it's not particularly historic; in 2005, the House approved a budget with a 104-40 vote, with the Democrats going 33-29 and the Republicans going 71-11. In 2003, it was 105-41, with 86 Republicans on board and Democrats split 19-41 against it.)

The Senate waited to make sure the House passed a budget before taking it up for debate on Sunday night. A little after midnight, the Senate passed it 25-6, sending it to Gov. Rick Perry, who has about three weeks to peruse it and to use his line-item veto where he wants.

The Legislative Budget Board has a copy of the budget available online, as well as a summary of the conference committee report, if you prefer the Cliff Notes version.

Sunday night's anticlimax capped a weekend of intrigue in the House, with mutinous legislators trying to pry Midland Republican Tom Craddick out of the speaker's chair. Their last big chance was to derail the budget, force a special session of the Legislature and use that extra 30 days to unseat Craddick.

But the reality of voting against the state spending bill — one that would force a special session, to be sure, but a vote that would expose members seeking reelection to all sorts of uncomfortable questions at home — outweighed the desire to throw out the speaker.

At one point, lawmakers had a shot at a vote that would have tested their strength. Rep. Robert Talton, R-Pasadena, called a point of order on the bill saying it included general law provisions not allowed in budget bills. Craddick overruled him, and Talton asked for permission to challenge that ruling. Craddick agreed to that, but other members told Talton they weren't willing to make their stand on that issue. He withdrew the motion, and the mutiny never came together after that.

In the House, the budget started with a bump. The early attacks on the bill centered on pork handed out, allegedly, to members who support Craddick. Rep. Jim Pitts, R-Waxahachie, a former appropriations chairman who covets Craddick's job, complained that the new budget is too big and said members ought to vote it down and try again. And Yvonne Davis, D-Dallas, wondered why the state will be spending $1.6 million to do research on the Zebra Chip Disease that affects potatoes when other programs she thinks are more important were left wanting. Others questioned dramatic increases in spending at the University of Texas Permian Basin — general revenue funding for that institution will rise more than 90 percent, they said — and why projects in and around Craddick's Midland district did so well in the appropriations bill.

Closing speeches gobbled up more time as the clock rolled toward final legislative deadlines, but the tension around the budget vote ebbed as time went on. When it was over, Appropriations Chairman Warren Chisum, R-Pampa, got his bill and with about the same margin that budgets have received in recent sessions.

One Last Bit of Drama

Some hours after the budget passed and dinner had been eaten and some drinks had been drunk, a third of the members of the House walked out to protest an ignored motion to adjourn. In response, the House adjourned.

Rep. Pat Haggerty, D-El Paso, turned a personal privilege speech into a roll call vote on House Speaker Tom Craddick. When he was cut off from calling members names one by one to ask where they stand on Craddick's future, he told members (at the suggestion of Beaumont Democrat Joe Deshotel, who had been a Craddick supporter) to take the keys to their voting machines and walk. Enough of them did so to stop business in its tracks. That didn't kill any bills, but it put a bunch of legislation in temporary jeopardy.

The list of things left on the gurney included a major water bill, the omnibus parks bill, the revived electric regulation bill (that later failed), the "safety net" bill to keep agencies from expiring because their sunset bills weren't considered, legislation which would require steroid testing of high school athletes; the revived homeland security bill, and the air quality bill. (After the drama, all of those bills won consideration, if not passage, on the last day of business.)

This round started with a motion to adjourn by Rep. Abel Herrero, D-Robstown. In the House's rules, a motion to adjourn is the highest-ranking of all the privileged motions. Turner refused to recognize it, prompting a back and forth between him and Rep. Jim Dunnam, D-Waco.

Rep. Mike Krusee, R-Round Rock, made a personal privilege speech asking Craddick to reconsider his decision that he doesn't have to recognized members for privileged motions — like a motion to vacate the chair. He called it undemocratic and said the speaker should be accountable to the voters — lawmakers — who elected him.

Haggerty followed. Saying, "it's time to find out where we stand on this," he called off the names of members one by one and asked whether they wanted Craddick to remain in the chair.

Rep. Sylvester Turner, D-Houston, was in the chair at the time (though Craddick sat nearby on the dais) and interrupted Haggerty a couple of times before successfully getting him to stop calling the roll. Haggerty had made it to members whose last names begin with the letter D when Turner broke in for the last time.

"I would ask that you speak for yourself... respect the members for choosing to speak or not to speak," Turner said, as members who didn't want to vote scrambled into the hall behind the House Chamber. With that, Haggerty said members should take their keys and leave, and so they did. Turner called up a conference committee report and the record vote on that came up 94-0.

It takes 100 votes to make a quorum in the 150-member House, and Turner — rather than putting a call on the House and forcing everyone to come back — shut things down at that point. "The record vote shows the absence of a quorum. Therefore we will stand adjourned until tomorrow at two," he said.

Craddick's press secretary, Alexis DeLee, issued a statement: "Once again, some members chose to divert the House away from important matters and instead tried to drag the members into a Speaker's race while we are in session. Speaker Craddick made a promise to the members of the House that he would make sure their bills would be heard so their constituents concerns would be met. This evening a number of bills were put into jeopardy -- bills that would protect our water, fund our parks and historical sites, lower electric rates, enhance air quality, and require steroid testing in our public schools. It is his intention to take up and consider these and other pieces of legislation before the session ends tomorrow at midnight."

They had about 32 bills pending, and for a while, everyone was talking about 1997, when then-Rep. Arlene Wohlgemuth, R-Burleson, killed 52 bills with a point of order in what became known as the Memorial Day Massacre.

By midnight Monday when the House quit "Sine Die," all those bills had come to a vote.

Brendel's List of Outcomes

The Legislature is gone and we cut Patrick Brendel loose to recap what they did for the last 20 weeks. This is in no way a full recounting of the session, which saw 953 House bills and 525 Senate bills win passage. But there's plenty here to talk about, ranked by their condition as we put this issue to bed:

PASSED, EFFECTIVE IMMEDIATELY

• Human Papillomavirus: House Bill 1098 by Dennis Bonnen, R-Angleton, reversed Gov. Rick Perry's executive order and prohibits mandatory immunization of Texas public schoolchildren against HPV. It contains specific text that "This subsection preempts any contrary executive order issued by the governor"... HB 1379 by Joe Deshotel, D-Beaumont, requires state health officials to disseminate information on HPV and the vaccine to the general public and to schools.

• Education: HB 566 by Mike "Tuffy" Hamilton, R-Mauriceville, extends truancy laws to students over the age of 18... HB 2176 by Deshotel adds parenting and parenting awareness classes to the high school curriculum.

• Hollywood: HB 374 by Joe Pickett, D-El Paso, gives permission to filmmakers to shoot on state property.

• Katrina Fallout: SB 112 by Carona prohibits law enforcement from seizing guns and ammo during disasters.

• Guns: HB 991 by Patrick Rose, D-Dripping Springs, makes information on concealed handgun permit holders "nonpublic."

PASSED, EFFECTIVE IN SEPTEMBER

• Guns: SB 378 by Jeff Wentworth, R-San Antonio, the "castle doctrine bill," removes the obligation to retreat when killing an intruder in self-defense.

• Potpourri: SB 369 by Williams clarifies what constitutes an "obscured" license plate... SB 1287 by Leticia Van de Putte, D-San Antonio, mandates posting in bars of warning signs about human trafficking... SB 1315 by Carlos Uresti, D-San Antonio, institutes a "Silver Alert" for missing seniors, much like Amber Alerts for missing kids.

SENT TO THE GOVERNOR

• Trans Texas Corridor/Toll Roads: Senate Bill 792 by Tommy Williams, R-The Woodlands, puts a two-year moratorium on most Comprehensive Development Agreements, where the state contracts with the private sector to build roads, sometimes in exchange for toll receipts. Most CDAs in metro areas and populous counties on the Texas-Mexico border are exempt from the moratorium... SB 718 by Steve Ogden, R-Bryan, requires TxDOT to consider existing highways first when selecting routes for the Trans-Texas Corridor, and to explain their reasons in writing.

• Water: HBs 3 and 4 by Robert Puente, D-San Antonio, and SB 3 by Kip Averitt, R-Waco, comprise a comprehensive water policy. The bills are designed to protect environmental flows (from aquifers to rivers to bays) and encourage water conservation. The conference committee on SB 3 made a gambit by striking language naming 19 sites where reservoirs may or may not be built. They replaced it with a paragraph stating that unique reservoir sites are determined by the state water plan (which determined the 19 sites in the first place). The omnibus water legislation had several riders, the most noticeable hitchhiker being Edwards Aquifer amendments raising the pumping cap and establishing a consortium among aquifer pumpers, metro dwellers, people downstream and environmentalists.

• Air: SB 12 by Averitt aims to reduce engine emissions by getting old cars off the road and by retrofitting diesel engines. It encourages the use of high efficiency appliances and sets efficiency standards for public schools and agencies.

• Texas Youth Commission: A handful of bills by Rep. Jerry Madden, R-Richardson, Sen. Juan "Chuy" Hinojosa, D-McAllen, and others, overhaul the troubled agency. TYC has new top brass, and investigations into the agency are ongoing. Kids won't go to TYC for misdemeanor offenses anymore... HB 1111 by Sylvester Turner, D-Houston, was signed in the Senate and keeps TYC inmates from participating in medical or psychiatric studies.

• Automated Traffic Cameras: HB 922 by Vicki Truitt, R-Keller, bars cities from issuing speeding tickets based upon a camera's testimony... HB 1052 by Bill Callegari, R-Katy, requires cities to post warnings about the traffic cameras at each intersection with a camera... SB 1119 by John Carona, R-Dallas, sets up a study of traffic cameras and attempts to make sure the cameras aren't simply a moneymaking scheme.

• Religion: HB 167 by Richard Raymond, D-Laredo, says Bibles can't be seized for debts (unless your Bible's a rental)... HB 1034 by Debbie Riddle, R-Tomball, adds "Under God" to the Texas pledge.

• Schools: HB 323 by Hamilton requires seat belts in school buses... HB 1287 by Warren Chisum, R-Pampa, allows elective Bible courses in public high schools... HB 1418 by Lois Kolkhorst, R-Brenham, prevents Texas State University regents from changing the name of Sam Houston State University... HB 3564 by Drew Darby, R-San Angelo, transfers Angelo State University to Texas Tech University... HB 3900 by Geanie Morrison, R-Victoria, brings back the Texas Tomorrow Fund in a new form... SB 8 by Kyle Janek, R-Houston, institutes random steroid testing for high school athletes.

• Crime & Punishment: HB 8, also called Jessica's Law, by Riddle, toughens punishments for child molesters and prescribes capital punishment for serious repeat offenders... HB 530 by Jerry Madden, R-Richardson, expands drug courts to counties with more than 250,000 people... HB 586 Yvonne Gonzalez Toureilles, D-Alice, says you can't have a ticket dismissed for speeding if you were going over 95 mph... HB 1355 by Dan Gattis, R-Georgetown, punishes owners of dogs who attack people... HB 1586 by Ismael "Kino" Flores, D-Palmview, makes it a crime to aim a laser pointer at an airplane... HB 1766 by Aaron Peña, D-Edinburg, makes theft of wire a state jail felony... SB453 by Rodney Ellis, D-Houston, mandates HIV testing of state prison inmates.

• Hollywood: HB 1634 by Dawnna Dukes, D-Austin, offers financial incentives to encourage film production in Texas.

• Health: HB 109 by Turner eases eligibility requirements for the Children's Health Insurance Program in an attempt to re-add kids dropped from CHIPS in the past 5 years... HB 1082 by Joe Straus, R-San Antonio, creates a pilot program for the reporting and tracking of MRSA (antibiotic-resistant staph) infections... HB 1297 by Dianne White Delisi, R-Temple, creates a wellness program for state employees... SB 760 okays telemedicine for Medicaid reimbursement... SB 994 by Jane Nelson, R-Lewisville, allows a physician to prescribe controlled substances via fax or email.

• Katrina Fallout: SB 1658 by Robert Nichols, R-Jacksonville, extends to 30 days the time that pharmacists can refill unsigned prescriptions during disasters (it's currently three days).

• Public Information: SB 129 by Royce West, D-Dallas, requires lawmakers to report the actual value of gifts received... SB 255 by Carona requires TxDOT to post agency information on the Internet.

• Potpourri: HB 581 by Deshotel allows 16-year-olds to sell newspapers... HB 1248 by Larry Taylor, R-Friendswood, allows mixed drinks to be sold on cruise ships... SB 791 by Williams declares that oysters are "an inherently unsafe product for personal consumption."

• Highways Named: The segment of I-20 from Arlington to Louisiana is now the Ronald Reagan Memorial Highway, pending a veto... A stretch of U.S. 287 in Tarrant County will become the Dr. Martin Luther King, Jr., Freeway, on Sept. 1... SH 130 in Williamson, Travis, Caldwell and Guadalupe Counties is now called the Pickle Parkway, in honor of former U.S. Rep. J. J. "Jake" Pickle.

SENT TO THE POLLS

• Cancer Research: House Joint Resolution 90 and HB 14 by Jim Keffer, R-Eastland, would authorize $3 billion in bonds for cancer research.

• Record Votes: HJR 19 by Dan Branch, R-Dallas, would require the Legislature to keep track of their final votes for the public's eyes.

DEAD

• Top 10 Percent: SB 101 by Florence Shapiro, R-Plano, would have capped automatic admissions to Texas colleges, letting them fill 40 percent of their openings with students who didn't finish in the top 10 percent in their high school class.

• Voter Identification: HB 218 by Betty Brown, R-Terrell, would have required voters to present photo identification at the polls.

• Gambling: Bills to legalize casino gambling and slot machines at racetracks all failed... Gov. Perry's proposal to sell or lease the Texas Lottery died. The estimated $14 billion in proceeds would have gone toward a cancer education, prevention and health insurance program.

• Journalist Shield Law: Several bills would have provided protections for journalists who do not wish to reveal their sources in court.

• Health: Funding for stem-cell research.

• Potpourri: Electronic fingerprint identification systems for of age verification or monetary transactions.

— by Patrick Brendel

Politics, etc.

San Antonio trial lawyer Mikal Watts is readying exploratory papers for the U.S. Senate race in 2008. Watts, a Democrat, has been maneuvering to get other Democrats out of the way so he can spend his time challenging U.S. Sen. John Cornyn, a San Antonio Republican.

• U.S. Rep. Nick Lampson, D-Stafford, won't run for the U.S. Senate, choosing instead to seek reelection to his CD-22 seat. He'll almost certainly get an opponent in that heavily Republican district (this is the one that used to belong to Tom DeLay, R-Sugar Land), but it won't be Sugar Land Mayor David Wallace. Wallace said in a statement that he'll devote his time to his new company, Wallace Bajjali Development Partners. He had announced earlier that he wouldn't seek a fourth term as mayor.

• The number of bills filed in this legislative session was up, as was the number passed, as was the number not passed. Telicon, the outfit we use to track legislation and other information, put out an unofficial recap. By their count, 4,140 House bills were filed, up 15 percent from two years ago. Senate filings, at 2,058, were up 9 percent. If you're a "less government" person or a "not that kind of government" person, you'll like this stat: 77 percent of House bills and 75 percent of Senate bills didn't make it, at least in bill form. It was even worse for constitutional amendments: The House killed 91 percent of the changes proposed; the Senate killed 90 percent.

Capitol Crowd, a networking site for government and political folk, is polling folks to see who their favorites and least favorites are among the Pink Building's denizens: Staffers, lobbyists, lawmakers, and the like. They're also asking people to make guesses at who'll be on Texas Monthly's 10 Best and 10 Worst lists. We'll report the results when they're in.

Every time a legislative session ends, Mark Dallas Loeffler pulls out his movie posters, grabs some themes from the session, steals some photographs, and goes to work. You can see the entire set (and the posters for five previous session) at his website.

Political People and Their Moves

Michael Behrens, the executive director of the Texas Department of Transportation, will resign at the end of August. He's been the top guy at that agency for six years and has worked there for almost four decades.

Jay Kimbrough, who was dispatched to investigate the Texas Youth Commission during the legislative session, will become deputy chancellor of the Texas A&M University System. He's currently the system's deputy general counsel.

James Bernsen, who's been flakking for the House's Republican Caucus, is going off to a real war. The Naval Reservist will be deployed to Baghdad this summer and says he'll be in training for three months and then in Iraq for 12 months. He'll blog from there, if the brass allows it.

Former Texas Supreme Court Justice William Wayne Kilgarlin made "a major planned gift commitment" to endow conservation and preservation teaching at the University of Texas School of Information. He'd already made a $1 million donation to start the William and Margaret Kilgarlin Center for Preservation of the Cultural Record.

Bob Kahn will be the new CEO at the Electric Reliability Council of Texas (ERCOT), replacing Sam Jones, who's retiring. Kahn is the deputy general manager at Austin Energy and is a former ERCOT board member.

Appointments: Gov. Rick Perry reappointed Thomas Leeper of Huntsville and Jo Van Hovel of Temple to the board of the Texas State Affordable Housing Corporation. Leeper is an attorney; Van Hovel is retired from the real estate business.

The governor named two new members to the Texas Medical Board and reappointed four members. Dr. Michael Arambula of San Antonio, Patricia Blackwell of Midland, Dr. Margaret McNeese of Houston, and Dr. Charles Oswalt III of Waco will get new terms. The new folks are Dr. Melinda McMichael, who practices at university health services at UT Austin; and Timothy Webb, a Houston attorney. 

Kenneth Perkins, a Conroe chiropractor, is Perry's choice to head the Texas Board of Chiropractic Examiners.

Quotes of the Week

House Speaker Tom Craddick, denying Rep. Fred Hill's motion to vacate the chair, and his appeal of that ruling: "The Speaker of the House of Representatives has absolute discretion whether or not to recognize any member on any matter. There is no appeal to that."

Appropriations Chairman Warren Chisum, R-Pampa, in The Dallas Morning News, on Craddick: "Obviously, he's damaged goods after this deal, in terms of leading a bipartisan Legislature."

Former House Appropriations Chairman Jim Pitts, R-Waxahachie, now a challenger to the speaker: "The budget has grown out of control. It's full of wasteful and unnecessary spending, much of it placed in the budget in the last two weeks in an effort to ensure support of Tom Craddick."

Rep. Jodie Laubenberg, R-Parker, during the Friday night rebellion against House Speaker Tom Craddick: "This is anarchy. This is America. This is not the way we do it."

Rep. Charlie Howard, R-Sugar Land, talking to the San Antonio Express-News after reviving a piece of legislation that had died a few hours earlier: "I think people were crazed out of their minds. They were not thinking about legislation. They were going after the speaker."

Rep. Jim McReynolds, D-Lufkin, during the last debate on a major water bill: "East Texans are not going to pay Houston a nickel for a drink of their own water."

Rep. Anna Mowery, R-Fort Worth, telling the House she won't seek a tenth full term: "Y'all have been a big barrel of fun the whole damn time."


Texas Weekly: Volume 23, Issue 48, 4 June 2007. Ross Ramsey, Editor. Copyright 2007 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 Week in the Rearview Mirror

The cause for which those who fought and died in their struggle for Texas' independence was treated with the utmost contempt at the close of the 80th session of the Texas Legislature.

Speaker of the House Tom Craddick, R-Midland, and Speaker Pro-Tem Sylvester Turner, D-Houston, along with two eleventh-hour substitute parliamentarians, used their own liberal interpretations of House rules and parliamentary procedure to deny the wishes of the majority of the members.

It is the people, through their elected representatives who reign supreme in this country and in Texas. This fundamental principle of the democratic process, clearly enunciated in the Constitution of the United States, was blatantly ignored and corrupted in favor of the Speaker's self-interest.

Our elected officials take an oath to faithfully execute the duties of their office and to preserve, protect, and defend the Constitution and laws of the United States and Texas. The Speaker and Speaker Pro Tem in particular, as well as a few others, abdicated their sworn duty when they deliberately refused to recognize any of their fellow elected representatives for the purpose of making a motion to have Mr. Craddick removed as Speaker. So many times did Mr. Turner ask the members to show some respect for the Chair, yet the Chair never accorded the same respect to the members.

I feel that a crime has been committed against me and my fellow Texans. My right to be represented by individuals I helped elect; to have my voice heard in the Texas House of Representatives (my House) was arbitrarily and capriciously denied by the dictatorial rulings of the Speaker. I believe that my civil rights have been wrongfully and unlawfully usurped and those responsible should be held accountable. Perhaps that will happen in the 2008 elections.

This embarrassing episode, which has now been reported in The New York Times, could have been avoided if only the Speaker had placed the wishes of his colleagues above his own desire to maintain power.

Knowing that there was considerable opposition to his continued role as Speaker from the very beginning of the session, Mr. Craddick should have announced to the members that he would not be a candidate for Speaker in 2009. Such an action would have required a high degree of selflessness, integrity, and above all, leadership. In all likelihood, that pronouncement would have precluded any efforts to vacate the chair, resulting in a much smoother and more productive legislative session.

To be sure, there were heroes to be found among the chaos. Men and women from both sides of the aisle, individuals with very different political views, spoke with passion, eloquence, and intelligence in an effort to make our democratic process work as intended.

Not the least among those heroes were the two parliamentarians, Denise Davis and Chris Griesel. These highly respected professionals refused to have any part in the Speaker's refusal to recognize members for a motion of privilege and immediately resigned.

Wishing to recognize Ms. Davis and Mr. Griesel for their courageous stance, Rep. Lon Burnam, D-Fort Worth, was not recognized by the Speaker for the purpose of introducing a resolution honoring the two parliamentarians for their selfless act.

Travis, Bowie, Seguin, and Crockett would have been proud of these two. I wonder what their thoughts would be of the current Speaker.

Ken Zornes lives in Austin, Texas. You can reach him at kzornes13@hotmail.com.

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.

One way to attract attention: Start chattering about the governor's inclination to break his 82-bill veto record.

That's the signal watchers in the press and lobby are getting from Gov. Rick Perry, and it has bred a mini-industry of speculation about what might be and might not be on the chopping block. We've heard talk — thoroughly unsubstantiated and mentioned here only to illustrate the point about speculation — that Perry might whack the legislation fixing problems and making adjustments to the state's new business tax. So-called "special items" for colleges and universities in the state budget — that's where they make appropriations for specific projects and programs outside the regular operations of the schools — are on the gossip channel. And the governor has yet to sign a watered-down highway bill that went to him after he vetoed a stronger version in the final days of the session.

The Texas Legislative Service that we use to keep up with legislation says Perry is looking at 955 House bills and 526 Senate bills right now. That's not an unusual number, but it does present a lot of opportunity for speculation.

The chitchat about the tax bill is interesting. An anti-tax hawk could say it includes a gross receipts tax — a bleep-worthy phrase among those folks and business folks and economic development wonks. But the effect of the "clean-up" bill would be about the same as current law, except that it lowers the maximum tax a firm would have to pay if the state taxes its gross receipts. (Here's the legal artwork: A gross receipts tax applies a rate to a company's top line — its overall sales or billings. The Texas tax is a gross margins tax, which puts a levy on receipts minus the taxpayer's choice of payroll or cost of goods sold. It limits the tax rate, however, to 0.7 percent of gross receipts. For businesses with small payrolls and no costs of goods sold, that's essentially a 0.7 percent gross receipts tax.)

A veto of that bill would also kill provisions designed to lower the tax for businesses that make less than $1 million annually — they're tax rates are bracketed depending on gross receipts. Banks and securities companies want the new legislation because it straightens out a provision that could cost them millions on transactions that cross state lines. And a veto would preserve a multi-million loophole for certain companies that lease property. Read that to say that many of the state's apartment owners would love to see Perry kill the bill.

It's not clear that normal people want to see what the government is spending their money on, but it's clear the politicos want to give them the chance to look.

Comptroller Susan Combs has a new section on her agency's website that shows, in almost as much detail as you'd like, where tax dollars are going. It starts with a macro view that lists the state's agencies and how much money each of them gets. Click on an agency, and you're deeper in the ledgers.

During the first eight months of the current fiscal year, for instance, the Texas Education Agency spent $16.4 billion. Most — $13.8 billion — was for "intergovernmental payments." That's what they call the money the state sent to local schools (they've got a rudimentary translation service, but the government lingo is pretty thick). At the moment, the numbers go only one layer deeper. The next click on TEA's numbers take you to $10.7 billion for "school apportionment-foundation program." That's gov-speak for "sent to the public schools," though it's not all the money that went there and it's not clear what it was spent on. It doesn't exactly tell you what was spent on pencils and paper and what was spent on the coffee service at the administration building, but it's more than you could get before now.

Spending at the comptroller's office (the main one of three budget lines for that agency) hit $165.7 million by the end of April. Of that, $101 million went for salaries and wages. And you can find out that the agency spent $3,870 on hazardous duty pay and another $11,182.24 on "termination pay — death benefits." But you can't click on " Salaries and Wages-Classified and Non-Classified Permanent Full-Time Employees," for instance, to get a listing of who was paid how much. Those are public records, but that part of the new Internet-based system doesn't drill down that far.

There's another way to get some detail without sending in an open records request, though. A section called "A Closer Look" lets you poke into specific spending on goods and services at some agencies (they're adding more agencies as they go). Comb's office, for instance, spent $41.82 on safety helmets in fiscal 2007, $176 on suggestion boxes, $668.30 on rubber bands of all sizes, $6,291.74 on pens, and $297,640.47 on various kinds of paper. We tried to go for a cheap accounting joke, but couldn't locate a line item for green eyeshades.

• This is sort of a no-brainer, what with a budget surplus in the billions of dollars, but Comptroller Susan Combs officially certified the Legislature's 2008-09 budget. There will be enough money to cover it, she says. Gov. Rick Perry hasn't finished with it yet, but his veto pen won't increase spending, so there's no trouble there. The time to watch the numbers, if you need to fuel your curiosity (or your paranoia) is about a year from now. The state's new business margins tax — a chief source of money for a state-funded local school property tax cut — comes due for the first time in mid-May next year. If the Lege got the numbers right, there's no need to sweat. If Combs says the numbers are low, they'll need to cut other spending or raise taxes. And if she says they've got more money than they need, you can expect calls for an election-year tax cut. Until then, Combs expects smooth sailing.

• The last edition of a Texas public TV program on politics and the Texas Legislature airs this weekend and features a take on how the Lege looks to an average Texan. That's the work of Eileen Smith, a former legislative staffer and the operator of a really funny blog called In The Pink Texas. Check local listings, or watch it on their website next week.

Political People and their Moves

Nothing official, and this has that vague feeling of Lucy holding the football for Charlie Brown, but Republicans in Dallas and Houston are increasingly convinced Kay Bailey Hutchison will run for governor in 2010.

She considered doing it last year but held off and ran for a third term to the U.S. Senate. She did fine in November, but went from a nice perch in the majority party to a spot in the Senate minority because of political changes in other states. Now she's telling supporters to keep their powder dry. Here's another bone: Her supporters say she'd resign her Senate seat to make the race in a move that could provide some drama while convincing Republicans she really means to run this time. Note the non-timeliness of this: It's two election cycles away.

It's too early to talk seriously about what legislators will try to come back and which ones won't. Their feelings always change as they get further from a legislative session, and right now they're more familiar with the feeling of the hangover than of the party that led to it. Only one has publicly announced she won't be on the ballot: Rep. Anna Mowery, R-Fort Worth.

Still, you can find signs of political life out there. Democrat Joe Jaworski of Galveston is already knocking heads with Sen. Mike Jackson, R-La Porte, and got a rise out of the incumbent with a posting on his website. Jaworski swung at Jackson for voting in favor of a state budget that shortchanged indigent care at the University of Texas Medical Branch hospital in Galveston. Jackson swung back: He voted against the budget, several times, including the vote on final passage in the last hours of the legislative session. Jackson's volley came in the form of a reply to Jaworski's email list; he left the challenger with the phone number for the Senate office where you can find out who voted for what. Ouch.

The center of politics in Texas has moved to Dallas at the moment, where mayoral candidate Ed Oakley was offered — and accepted — an endorsement from the Dallas County Democratic Party at the same time some of the area's top Republicans are doing fundraisers and pulling for him. A friend cut us in on an email sent on Oakley's behalf that included Republicans like Mary Ceverha and Jeanne Phillips. Oakley's in a runoff with Tom Leppert.

• Texas lawmakers balked at moving up the presidential primaries next year — the elections will be in March, possibly after voters in other states have decided who'll get the major party nominations. But the Texas GOP will get a jump on other states, with a straw poll set up for the end of August in Fort Worth. They're taking reservations now from Republicans who want to participate. Their idea is to get as many of the candidates as possible and a mob of Republican voters to Cowtown for two days. They'll hang out on Day One, holding meetings and milling around and electioneering, and they'll have a non-binding vote on favorites on September 1 — the Saturday before Labor Day. It won't determine the winner, but if it comes off, it'll be a national story that the campaigns can't ignore. And it gives the candidates an excuse for a visit to one of the biggest donor states in politics. All but two are in, according to party folks: Rudolph Giuliani's not coming and John McCain hasn't decided.

• The boomlet over the only Texan in the 2008 presidential race is keeping bookies busy. Gamblers have cut the odds on Texas Republican Ron Paul, according to Gambling911.com. He was at 200-to-1 a couple of weeks ago, and they've got him at 15-to-1 now. That means, if this isn't your bag, that a $1 bet would now pay only (only?) $15 if the Texas congressman wins the GOP nomination. An earlier bet would pay $200. Before you blow the savings account, his improved odds still aren't great, at least in betting terms.

• Democratic presidential candidate John Edwards will drag the sack in Texas next week and plans a noontime stop at Scholz Garten, the beer garden and barbecue joint near the Capitol. It's a weekday lunch deal, but they'll have a cash bar. Beer has been used before to help separate money from political donors.

• Officially, now: San Antonio/Corpus Christi lawyer Mikal Watts is formally exploring a race for U.S. Senate against John Cornyn, who plans to seek a second term in next year's elections. Watts parked a page on the Internet, but doesn't have anything on it yet. His law firm's page is up and running, though. He started by putting $3.8 million into his own race, telling the Houston Chronicle he matched "to the penny" the amount of money Cornyn reported as his political bank balance.

• Friendswood Mayor Pro Tem Chris Peden will run in CD-14 for the congressional seat currently occupied by U.S. Rep. Ron Paul, R-Surfside. Paul's running for president, but that doesn't prevent him from seeking another term for the spot he's held since 1997 (Paul also served in Congress for eight years ending in 1984). Peden bills himself as the conservative Republican in the race and says on his website that Paul, who runs and serves as a Republican, is a Libertarian and not a real Republican. Peden touts his votes to limit his city's power of eminent domain and his effort to make English the official language there.

The governor's chief of staff, Deirdre Delisi, gave birth to twin boys a week after the session ended. William Thomas and David Hudson were several weeks early, and they're little — about five pounds between the two of them — but they and mom seem to be doing well, according to the paternal in this drama, Republican consultant Ted Delisi. His mom — the new grandmother — is Rep. Dianne White Delisi, R-Temple.

Rep. Ellen Cohen, D-Houston, is resigning from her regular job at the end of the year. She's been president and CEO of the Houston Area Women's Shelter since 1990 and was a volunteer there before that.

Dan Bartlett, a counselor to President George W. Bush whose first big moment on politics came during a killdeer hunt in 1994, is leaving the White House to find work in the private sector. Bartlett, who's from Rockwall, was on hand when Bush accidentally shot the wrong bird during the 1994 governor's race. And for a few more weeks, he'll be one of the president's top advisors.

Brian Rawson is the new executive director at the Texas Department of Information Resources (and the chief technology officer for the State of Texas). He's been the interim E.D. there and was a division director before that.

Phil Sanderson is the new director of the bingo division at the Texas Lottery. He'll replace his old boss, Billy Atkins, who resigned late last year. Sanderson has been in the bingo division for 13 years.

Recovering: Gene Fondren, the former legislator and lobbyist (he as the longtime head of the Texas Automobile Dealers Association), after a stroke in late May. Fondren is of counsel to Hilgers Bell & Richards, an Austin law firm.

Deaths: Frank Miller, a regent at the Texas Tech University System and a founder of JPI Cos., an apartment development company based in Dallas. He was 55.

Quotes of the Week

Wolf, Black, Ortiz, and Patterson

Attorney Howard Wolf, a citizen member of the Sunset Advisory Commission whose comments critical of state liquor laws were omitted from a Sunset report by Sen. Kim Brimer, R-Fort Worth, in the Austin American-Statesman: "The system is so corrupt that it cannot tolerate someone saying that the emperor has no clothes," Wolf said. "They have been allowed to perpetuate a system that has used government at the expense of consumers."

Robert Black, a spokesman for Gov. Rick Perry, telling the San Antonio Express-News that the Legislature's new highway bill doesn't include a moratorium on toll roads: "Of any kind, that we can tell. Unless there was something screwy that happened."

Freshman Rep. Solomon Ortiz Jr., in a press statement saying he will ask the governor to veto one of his own bills: "Today, the Chairman of the Board of Directors of the Corpus Christi Regional Transportation Authority (CCRTA) wrote me a letter indicating the board will likely withdraw its support for HB 2622. I agreed to file this legislation at the request of the CCRTA, based on the unanimous support of the board..."

Texas Land Commissioner Jerry Patterson, telling The Dallas Morning News that he'll accept the pay raise given him in the state budget, though a handful of other statewide officials are refusing theirs: "They're worried about looking good."