Nathan Hecht's battle over Harriet Miers' appointment to the U.S. Supreme Court is lasting longer than hers did.

President George W. Bush tried to put Miers on the court almost two years ago. That fell flat within a month — Samuel Alito got the gig — but Hecht's public support for his old friend has cost him dearly. The latest blast from the canons of judicial ethics is over how the senior justice on the Texas Supreme Court funded his successful effort to clear his name before the State Commission on Judicial Conduct.

The judge racked up a reported $350,000 in legal fees to fight the commission's charge that he improperly used his position on the bench to support the Miers nomination. Now, he faces four complaints filed in the last month questioning how he raised money and paid for his defense.

Texas Watch, the government watchdog group that filed the complaints, says in its latest one that the court's most senior member was out of line when he asked lawyers and businesses with cases before the Court for help with his own personal legal fees.

Here's a twist: Texas Watch bases its newest complaint on the Commission's 1987 public admonishment of then-Supreme Court Justice William Kilgarlin for soliciting funds for a legal defense. Hecht, a Republican, unseated Kilgarlin, a Democrat, a year later, thanks in no small part to the public brouhaha over Kilgarlin's admonishment.

Buck Wood, an Austin lawyer who represented Kilgarlin, says the Kilgarlin and Hecht situations are "indistinguishable." He says the Commission ruled incorrectly in Kilgarlin's case and needs to either admit to that mistake or hoist Hecht with the same petard. "If they stick to what they did in '87, he's got a problem," Wood says.

Texas Watch's three other complaints against Hecht, filed last month with the CJC, the Texas Ethics Commission, and Travis County District Attorney, center around allegations that Hecht ran afoul of state laws by receiving a hefty discount on legal fees from the law firm representing him, a firm that routinely has business before the Court.

Chip Babcock of Jackson Walker successfully fought the CJC's sanctions against Hecht for his public support of Miers. Texas Watch alleges Hecht paid Jackson Walker about $350,000 of the $450,000 bill for that defense — in effect accepting a large and so-far unreported in-kind campaign contribution. Babcock's lawyer in the matter, Roy Minton of Austin, says his client and Hecht have every right to negotiate fees, a common practice in the legal world. "This is America... " Minton says. "That just goes on everywhere."

But Texas Watch says that's either a violation of campaign contribution limits of $30,000 per law firm or an illegal personal gift to the judge. If the complaints are substantiated, Hecht, who was just re-elected last year, could face fines and jail time. His supporters say Hecht is just a victim of political maneuvering, designed to sully a prominent Republican justice's reputation and to fill the coffers of his political opponents. But so far no one on his side is willing to put public bets on what District Attorney Ronnie Earle, the TEC and the CJC, will do.

Alex Winslow, Texas Watch's executive director, says the group complained to uphold the integrity of the state's judicial system: "No one, not even Nathan Hecht, is above the law."

Hecht hasn't risen to that bait, at least publicly, and is staying mum on all the complaints filed against him. But he has hired Austin lawyer Wayne Meissner — running up even more legal bills — to represent him in the DA's investigation.

—by Alan Suderman

To the Courthouse

Mark Williams, the Republican who lost to Rep. Tommy Merritt, R-Longview, last year, is suing his political consultant — Jeff Norwood and Anthem Media — over legal bills that arose from that campaign. Williams' version of the story is that Merritt sued during the campaign and that Norwood told him the costs of the lawsuit "will be covered." Those costs, according to the lawsuit, now total $667,903.41.

Bruce Griggs with the Austin office of Ogletree Deakins called the lawsuit frivolous: "Anthem Media is extremely disappointed that Mark Williams has chosen to file this lawsuit. In the previous defamation case, Mr. Williams testified that he was in charge of his own campaign, that he approved the content of all ads that were placed as part of that campaign, and that all of the ads were truthful then and now. Mr. Williams' prior testimony appears to be inconsistent with the allegations he is now making in the lawsuit, which he filed just a short time after continuing to seek political advice from Mr. Norwood." He didn't comment further.

In his suit, Williams says Norwood promised him the costs of the campaign would be taken care of, and contends the lawsuit that grew out of the campaign was, in fact, a campaign cost. The campaign bills totaling $710,943.96 were apparently paid, but Williams' lawyer hasn't been paid. That's the reason for the suit.

The biggest contributor to Williams's campaign was the Texas Republican Legislative Campaign Committee, which was almost entirely funded by Dr. James Leininger of San Antonio. And if you read between the lines of the lawsuit, his are the deep pockets Williams hopes to tap.

Williams claims in the suit that Norwood promised his legal expenses "would be taken care of" by Leininger and says the only reason there was a defamation claim was because of the campaign ads fashioned by Norwood and approved by Williams and his campaign manager. Williams contends that he, a novice candidate, was duped by the more experienced consultant.

Leininger, according to the suit, never promised to pay for Williams' lawyers; that, Williams contends, is where Norwood led him astray. Williams believed Norwood was the San Antonio millionaire's agent, and figured his legal bills would be covered.

One person familiar with the situation says Williams and his attorneys ran up large legal bills without checking to make sure — in detail — what would be covered and who'd be paying. And one defense will be that they assumed Leininger would pay the whole amount without question. They were in contact with his attorneys at various points, but apparently didn't have a written contract with Norwood, Leininger or anyone else in a position to pay them for their work.

All Roads Lead to Money

The Lite Guv has his list.

David Dewhurst asked state transportation officials for a list of bridges that have the same designation carried by the I-35 bridge that collapsed in Minnesota, and the answer is that 2,024 bridges here are "structurally deficient." But they say you shouldn't wig out.

The term, in the argot of the Texas Department of Transportation and its federal counterparts, means that a bridge is on the charts for improvement or repair within the next ten years. A spokesman for TXDOT says it's "more a funding term than an engineering term." Bridges that are actually unsafe get closed until they're fixed, according to that agency.

In a cover letter, Transportation Commission Chairman Ric Williamson shared the results and made a new pitch for more money for highways. The agency has to choose between maintenance of what it's got and expansion to accommodate the state's growth. At current funding levels, one thing or the other has to wait.

The state says four percent of Texas bridges have the designation, as against 12 percent nationally. And they've cut the number on the list here from 2,928 since 2002. All but 439 of the bridges on the current list are scheduled for repairs or replacement; it would cost more than $500 million to fix those, Williamson said in his letter.

So far, he wrote, lawmakers haven't stepped up. "In the midst of trying to assess the magnitude of the problem, state leadership could not even reach consensus on the tens of billions of dollars we need to spend," Williamson wrote. "... Despite our growing population, increasing traffic and deteriorating road maintenance conditions, the net result of legislative action was to scale back resources."

He included a 92-page list of bridges with the "structurally deficient" classification and a notation for each showing its funding status. That full list is available on the agency's website.

A Little Hitch

The Senate Committee looking for a budget patch for the state's public community colleges got a little jolt. The money isn't where they thought it was.

Gov. Rick Perry vetoed $154 million from the community colleges' budgets, saying they were improperly using the money to pay for benefits for employees who weren't on the state payroll.

He contends that state funds should be used for benefits of employees whose salaries are paid by the state. The community colleges read the law to say state funds can be used for benefits for anyone eligible to be paid with state funds, whether the state actually pays them or not.

The difference, in the second year of the two-year budget, is $154 million. The colleges aren't short-sheeted during the first year of the budget, but the outcry that followed Perry's veto made legislators jump. Sen. Judith Zaffirini, D-Laredo, called a hearing of the Senate Higher Education Subcommittee to see what can be done to replace the money that was vetoed.

That's where the glitch became apparent.

Budgeteers have recently been including language in the budget saying that vetoed money falls into a special account, which can be re-budgeted by the Legislative Budget Board after the full Legislature has gone home.

That language was in the last two budgets but isn't in this one, a tidbit that came as a great surprise to Zaffirini's subcommittee. It means that the LBB can't come in and take the $154 million in vetoed funds and use it to patch the problem. They'll have to use other tricks. Sen. Kyle Janek, R-Houston, asked whether the LBB has the power to delay planned payments in the budget, then use the money freed by the delays for community colleges.

The answer? Yup, and the next Legislature would be able to come back in time to make the delayed payment and balance the budget.

The LBB can't put the money right back where Perry vetoed it. Lawmakers are looking for a way to work around the "proportionality" payments, getting the money to the colleges without allowing them to use it for the employee benefits Perry whacked. And because the cuts are in the second year of the two-year state spending plan, they've got almost a year to find a solution before there's any real effect on the colleges' finances.

And the meeting made it apparent that the governor's office — like the Legislature — wants to work this out before the colleges are forced to raise tuition or property taxes. That's a move they'd blame on the folks in Austin.

Sale!

It's amazing what a difference 8-1/4 percent makes to consumers, but the annual sales tax holiday is upon us and retailers are predicting the now-traditional annual pre-school maelstrom at malls and stores across the state. Consumers don't have to pay taxes on clothing, shoes and backpacks that cost less than $100, and school starts in a couple of weeks. You know the drill.

There's some grumbling on the policy front, however. The Center for Public Policy Priorities says the best breaks go to families with the money to buy a lot of stuff instead of a little. And they site an Indiana University study that shows 40 percent of the benefit of the tax break goes to people who make more than $70,000 annually.

Texas isn't alone in doing this, and in fact, is more moderate about it than some states. In Tennessee, you get a break on up to $1,500 worth of computer equipment. Florida and Georgia do it for energy-efficient appliances. Michigan and Ohio cut taxes on certain cars and trucks. And some states just shut off the tax. In Massachusetts, consumers can buy up to $2,500 tax-free for two days. Sen. Rodney Ellis, D-Houston, one of the original authors of the tax cut, says he plans to seek an expansion to include some of those things in Texas, and to stretch the freebies over two weeks instead of one weekend.

Headache Relief for the Speaker

State Rep. Robert Talton, a key player in the ongoing challenges to House Speaker Tom Craddick, will run for Congress next year instead of seeking reelection to the Texas Legislature.

Talton, a Pasadena Republican, is after the seat now held by U.S. Rep. Nick Lampson, D-Stafford. He's the second Republican to jump in; Shelley Sekula Gibbs, who lost to Lampson last year, wants another shot. And Talton says there are four other Republicans who are still deciding. He filed papers this week and will make a formal announcement in a couple of weeks. "I'm trying to make two news stories out of this," he jokes.

Talton was the first Republican last year to say he would challenge Craddick for speaker. He folded his bid and joined the unsuccessful effort to replace Craddick with Rep. Jim Pitts, R-Waxahachie, and then joined with members who kept heavy pressure on the speaker for the rest of the session. He's not retreating, but says he always wanted to run for Congress and now's the time. "I've always regarded the Texas Legislature as a training ground, and I think I'm ready [for Congress]," he says.

The CD-22 seat was held by former U.S. House Majority Leader Tom DeLay, R-Sugar Land. Sekula Gibbs served the stub term between DeLay's resignation and the general election. She was a write-in candidate in that contest and lost to Lampson.

Ken Legler of Pasadena announced he'll be in the race for Talton's seat and said the incumbent will be his model (Talton hasn't endorsed anybody). Legler is owner and president of Houston Wire Works and a board member at the Texas Association of Business and at the National Federation of Independent Business.

A Tale of Two Kitties

State Rep. Rick Noriega, D-Houston, filed a financial disclosure for the U.S. Senate race that shows him to be, he says, "a regular Texan, of middle-class means."

He made $128,000 from his economic development job with Centerpoint Energy, $37,000 from the Texas National Guard, and $10,800 from his job as a state representative during the 18 months that ended in June.

Mikal Watts, the other Democrat seeking to knock off U.S. Sen. John Cornyn, filed one, too. He made more money than Noriega, Cornyn, and probably you, too. He earned about $40 million during that year-and-a-half.

Meanwhile, fourteen mayors from Hidalgo County jointly endorsed Watts, citing his South Texas roots and blasting Cornyn without mentioning Noriega.

And Noriega posted a new web ad on YouTube that says Americans "took our eye off the ball in Afghanistan by moving this war to Iraq, and it's time to stop this war." He touts his service and swipes at Cornyn, without mentioning Watts.

First-term Blues

Freshman Rep. Thomas Latham, R-Mesquite, will have an opponent in HD-101, and freshman Rep. Mike O'Day, R-Pearland, might not seek reelection.

Mesquite Mayor Mike Anderson is quitting after ten years to run for the Texas House. He'll challenge Latham in the GOP primary next year. We reported Anderson's interest in the CD-101 race in June, and Latham, a former cop, could be vulnerable. He's only been in office since last year and the Mesquite Police Association already withdrew its support. Latham got to Austin by knocking off Rep. Elvira Reyna in the 2008 Republican primary. He was one of several candidates backed by the Texas Parent PAC. This is Anderson's second run; he lost a squeaker to Democrat Dale Tillery in 1994, finishing 173 votes behind. Anderson has been mayor for ten years and on Mesquite's City Council for 21 years. He'll officially resign on Monday, and is still pulling a campaign staff together.

Meanwhile, O'Day, who won a special election and replaced the late Rep. Glenda Dawson, R-Pearland, is telling colleagues he won't seek reelection next year. That would open the door for an open race in CD-29. O'Day didn't return calls and hasn't made a formal announcement. The guy he beat in a special election last January isn't waiting: Randy Weber says he'll run in the Republican primary whether or not O'Day seeks reelection.

Political Morsels

Houston lawyer Barbara Ann Radnofsky, who lost last year's race for U.S. Senate to Kay Bailey Hutchison, has kept her email list alive and is promoting a list of other candidates for state and local offices. The subject line: "These Candidates Are Not Insane." Radnofsky mentions in that missive that she's "looking at a 2010 race for state Attorney General."

• Republicans aren't the only folks interested in HD-97, where Rep. Anna Mowery, R-Fort Worth, is retiring. Dan Barrett, an attorney who ran against Mowery last year, says he'll run. He got just under 41 percent last November against the incumbent.

While we're here, move Craig Goldman from test driver to buyer; he'll run. He worked for the National Republican Senatorial Committee in 1994 when former U.S. Sen. Phil Gramm was in charge, and says he's a small bidnessman with deep roots in Fort Worth. This is his first race.

• After the Labor Day holiday, Texas Libertarians still start a ten-week, 25-city swing through the state to round up a slate of candidates for the 2008 elections. Wes Benedict, the party's executive director, makes a campaign sound like something you'd get in a kit from a hobby shop: "If you're a dissatisfied voter, it's time to stop complaining about politicians and run for office yourself! It's fun, it's free, and it's easier than you think! Come find out about it." Unlike the Democrats and Republicans, Libertarian candidates don't pay filing fees. One more thing: They want their folks to take "The World's Smallest Political Quiz," which you can find on the Internet at www.theadvocates.org.

• Lordy, lordy! Texans for Public Justice tallied the expenditures by TXU and the companies trying to buy it during the legislative session and came up with $14.5 million to $16.9 million, depending on the final lobby costs. That includes $10.9 million in advertising, $180,445 for food, drinks, entertainment and gifts, and $3.5 to $5.8 million for lobbyists. That last one has a wide range because of the lame reporting requirements the Legislature imposes on lobbyists. TXU spent at least the lower amount and not more than the higher amount, a difference of $2.3 million.

Flood Resigns

Brian Flood, the inspector general for the state's Health and Human Services Commission, is leaving after four years in that post. He was the author of a critical report on the agency's system for qualifying and tracking welfare recipients earlier this year. The agency took issue with parts of his report and is waiting for federal approval before expanding what they call the Texas Integrated Eligibility Redesign System, or TIERS.

Flood's report, issued while the Legislature was in session, was alarming and bolstered arguments against privatization of state services: "... based on an extrapolation of the findings of their audit, if TIERS were deployed statewide today, it could increase the state's questioned costs, as found in the recent audit, covering 1 million to 1.85 million more needy Texans, and ranging between $2.6 and $4.9 billion more taxpayer dollars." The system is operating in three of the state's 254 counties and HHSC officials hope to expand that, with federal approval, soon.

Flood will be replaced, for now, by his deputy, Bart Bevers of Round Rock. Gov. Rick Perry named him the interim inspector general. It's a one-year term; Perry had reappointed Flood in earlier years, but didn't act when Flood's one-year term expired in February. Flood didn't refer to that in his resignation letter, saying instead that he thinks it's time to do other things. And the governor's comments were complimentary: "The Office of the Inspector General has become a model for states across the nation," he said.

That operation is bigger than most state agencies, with around 500 employees doing inspections and audits and such. Flood was the first inspector general at HHSC when that agency was created.

Political People and Their Moves

Stuart Jenkins is the latest guy with a new title as a result of the shuffle started at the Texas Youth Commission this year. He'll head the Parole Division at the Texas Department of Criminal Justice, replacing Brian Collier. Collier replaced Ed Owens as deputy executive director of that agency when Owens left to become conservator at TYC.

Gov. Rick Perry appointed Victor Hugo Gonzalez of McAllen to preside over the Texas Diabetes Council. Gonzalez is an eye surgeon and medical director at Valley Retina Institute.

The governor named W. Benjamin Fry of San Benito as presiding officer of the Texas State Board of Pharmacy. He's the past owner of two pharmacies: Fry's, in San Benito, and Small Fry's, in Harlingen.

Perry named Corpus Christi homebuilder Gerardo Garcia to the Texas Residential Construction Commission that regulates that industry. He reappointed two current members: Glenda Marriott of College Station, president of GCM Designs, and Mickey Redwine, owner and CEO of Dynamic Cable Holdings in Ben Wheeler.

State Rep. Dan Flynn, R-Van, was elected to the executive council of the National Conference of State Legislators.

Engaged: Jenna Bush, daughter of George and Laura, and Henry Hager, a former campaign op whose father John Hager, is a former lieutenant governor of Virginia and Bush appointee in the Department of Education who now heads the Virginia GOP. No wedding date has been set.

Quotes of the Week

Karl Rove, talking to reporters on Air Force One about what he'll do next, quoted by The New York Times: "I'd like to teach eventually, but in the meantime I need to make some money. I have an employment record that I think would be attractive to any employer: I've worked in an industrial kitchen in a hospital; I've waited tables; I've worked in convenience stores and have been robbed at the point of a gun twice; I've pumped gas; I've babysat; I've cut lawns; I've delivered newspapers."

Rep. Pat Haggerty, R-El Paso, quoted in the El Paso Times the Speaker refusing to allow a challenge to his leadership position earlier this year: "God died and left Tom Craddick with absolute power."

Houston businessman Massey Villarreal, quoted in the Houston Chronicle: "I've been trying to put my finger in the dam of Hispanics leaving the Republican Party and I can't anymore. I've run out of fingers."

U.S. Sen. John Cornyn, R-Texas, talking to the Austin American-Statesman about Alberto Gonzales, who's appointment Cornyn supported: "He's a good person, but I look at his jobs he's held, and I wonder what has prepared him for being the head of the Department of Justice and 110,000 employees in a highly partisan and difficult political environment."

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Texas Weekly: Volume 24, Issue 9, 20 August 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 5th U.S. Circuit Court of Appeals overturned a lower court, saying Texas doesn't have to negotiate with the Kickapoo Indians, who want to open a casino.The Texas tribe asked the state to negotiate in 1994. The state refused, and the tribe went another route, asking federal authorities to use another procedure that would bring the state to the table. The state responded with a lawsuit, lost in lower court, and won, now, at the New Orleans-based appeals court.

Bloggers are busy with rumors on the Republicans' race to reclaim Tom DeLay's former congressional seat, now held by Democrat Nick Lampson. They also took shots at other contests around the state, Kay Bailey Hutchison and God. Wrapping it up: A motion picture pastiche.

* * * * *

.22-Caliber

Half-Empty describes the six GOP "vultures" vying for the U.S. Congressional District 22 seat now belonging to Lampson, formerly held by DeLay.

Burnt Orange Report says state Rep. Robert Talton should secure the GOP nomination easily, based on his opposition to House Speaker Tom Craddick, Sheila Sekula Gibbs' "crazy" behavior, and the absence of several local big-name Republicans, adding that Republican Ken Legler will seek the HD144 seat vacated by Talton. Professors-R-Squared says an HD-144 race "does bear watching."

Off the Kuff muses that incumbent Lampson could choose to attack Talton "from the right on some things" if he faces the attorney in November, while Texas Kaos says Talton would be a great "whipping boy" for District 22 voters looking to repudiate "Republican rightwingers."

Texas Observer blog posts that the statehouse will be a quieter place after Talton's departure, that Talton won't be afraid to beat up on his GOP opponents, and that Lampson will benefit from this, no matter who wins the primary. Texas Politics, the Houston Chronicle's blog, reports that Allen Blakemore will run Talton's campaign.

* * * * *

It Doesn't Hurt to Ask...

Half-Empty drafts an open letter to Mikal Watts, warning the Democratic senatorial candidate about the dangers of being Tony Sanchez, then asking the Corpus Christi attorney for $10,000.

Burnt Orange has an update on the status of the Rick Noriega Express.

McBlogger calls out San Antonio Current editor Elaine Wolff, a purported Noriega basher, for failing to disclose that her husband donated $2,300 to Watts.

Melissa Noriega, a Houston city councilwoman, is stumping in her husband's stead while Noriega is doing his two weeks of training for the National Guard, says Texas Politics.

Responding to news that freshman state Rep. Mike O'Day, R-Pearland, is resigning, Kuff posts that O'Day could contend for the title of shortest-tenured Texas House member, and that January runoff loser Randy Weber, a Republican, would be a shoo-in to replace O'Day. Not so fast! posts Texas Safety Forum, referring to rumors circulating that O'Day will serve out the rest of his term.

Burnt Orange reports that Tarrant County Democratic Chair Art Brender is not running (yet) for the State Senate District 10 seat, held by Republican Kim Brimer, leaving Wendy Davis as the sole Democratic challenger.

Meanwhile, Capitol Annex is chewing over old news, that Democrat Diana Maldonado, a Round Rock school board member, will challenge Republican Mike Krusee, R-Round Rock, for the House District 52 spot.

* * * * *

Going West

Texas Politics follows U.S. Senator Kay Bailey Hutchison on her West Texas road trip, where she encountered barbs at Texas Tech, one question in Lubbock and the Lions Club in Lamesa. Kuff isn't receptive to Hutchison's assertion that she doesn't enjoy financial stability, and Greg's Opinion is that Texas Politics pandered too much to Hutchison.

* * * * *

Two Little Words

Capitol Annex gives some background on the Religious Viewpoints Antidiscrimination Act, concluding that this will end up in court. Chronic, the Austin Chronicle's blog, reaches the same conclusion, without the background. Texas Observer says the law was written by one Kelly Coghlan, "a lawyer who makes a living suing school districts for curtailing students' religious expression," (and concludes this will end up in court).

Texas Blue takes issue with what they see as a McCarthy-esque insertion of the phrase "under God" into the state's pledge, and wonders why Texas has a state pledge in the first place.

* * * * *

Now Showing

American Graffiti: Grits for Breakfast continues his examination of the practice of spray painting public structures, here, here and here.

Dangerous Minds: Having trouble with students? Mike Falick's Blog has a number you should call.

Dirty Dancing: Houstoned makes the case for a Patrick Swayze High School in Houston.

Double Impact: starring Cap Metro, which is planning to raise bus fares 100 percent in 2008, via Austinist.

Fantasy Island: Diebold! Diebold! scream Chronic and Kaos. The ATM maker is spinning off its electronic voting division under the moniker Premier Electronic Solutions.

Out for Justice: Judge Susan Criss lists the blogs she peruses, via Grits.

Rodger Dodger: Rove improperly used his status as a student to avoid the Vietnam War draft, accuses Rhetoric & Rhythm. Oh, and he cheats on his taxes, too.

Fatal Attraction: "Why the Press Loved Karl Rove," by Burnt Orange.

Last Tango in Paris: Houstoned writes about a growing gang in Houston.

Madame Butterfly: Houstoned sits down with Maestro Willie Anthony Waters.

March of the Penguins: UTSA researchers going to Antarctica, says Walker's Report.

Moby-Dick: This oracle predicts your personality based on your Starbuck's preference, courtesy of Professors-R-Squared.

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This edition of Out There was compiled and written by Patrick Brendel, who hails from Victoria and finds Austin's climate pleasantly arid. We cherry-pick the state's political blogs each week, looking for news, info, gossip, and new jokes. The opinions here belong (mostly) to the bloggers, and we're including their links so you can hunt them down if you wish. Our blogroll — the list of Texas blogs we watch — is on our links page, and if you know of a Texas political blog that ought to be on it, just shoot us a note. Please send comments, suggestions, gripes or retorts to Texas Weekly editor Ross Ramsey.

That will be the first name on the ballot in the Texas GOP's presidential straw poll in Fort Worth.

A number of the candidates — apparently more interested in the state's donors than in its voters — are skipping the Texas contest. The party is selling it as a chance for Texas Republicans to have some influence on a primary contest that's likely to decided before the real Texas primary in March.

The full ballot order: Ray McKinney, Sam Brownback, Mitt Romney, John McCain, Ron Paul, Rudy Giuliani, Fred Thompson, Duncan Hunter, Mike Huckabee, John Cox, Hugh Cort, and Tom Tancredo.

At least three — Romney, McCain, and Giuliani — don't have the Texas event on their calendars. At least five — Paul, Hunter, Cort, McKinney, and Huckabee — do plan to come. That straw poll is scheduled for the Saturday before Labor Day.

The Texas House's head Democrat — Jim Dunnam of Waco — isn't making a legal argument in the battle over the powers of the speaker, but he's making a political one.

He didn't write a brief on the questions over the powers of the speaker. Dunnam, who heads the Democratic Caucus in the lower chamber, instead wrote a letter (in our Files section, along with all of the other briefs and papers that go with this opinion request) saying he has questions about conflicts that could taint any answer from Attorney General Greg Abbott.

He laid those out in a memo to other House members, saying Abbott and House Speaker Tom Craddick are funded, in large measure, "by the exact same sources." And Dunnam questioned the "fairness of the forum" where the questions are being handled. He says the two Republicans have received at least 1,416 contributions of $2,500 or more from people who've given each of them at least that much money. That includes 150 donors who've given at least $12,500 each to Abbott and to Craddick. It's another way to say the same group funds many or most of the top officeholders in the GOP, much as a different group backed most of the Democrats who used to occupy those offices. Dunnam didn't compare donations to other Republican state officials in that memo, but he questioned whether Abbott can be fair under the circumstances.

"Given the fact that Abbott and Craddick rely on the same group of Republican moneymen, corporate political action committees, and Austin lobbyists to fund their political careers, one must ask how realistic it is to think that any opinion from Abbott on the scope of Craddick's powers will be anything but favorable to his close ally," Dunnam wrote.

Abbott, you'll remember, has been asked for his official (and non-binding) opinion about the powers of the speaker and of members of the House who want to challenge his rulings and/or his post. The AG is collecting briefs. If he decides to rule, he has until December to do so. And Craddick or any other speaker candidate could defuse the question by recommending the House change its rules to clarify two questions in particular: Whether members can overrule the speaker when he refuses to recognize someone, and whether and how a speaker can be deposed or replaced during a session.

• One argument from Team Craddick is that the state constitution says members of the House should elect a speaker at the beginning of a legislative session. And the Speaker's lawyers say that's evidence that the framers didn't want races for that position to take place during the middle or end of a legislative session.

Hit your rewind button. Remember the argument the state made for mid-decade redistricting? Federal law says the states should draw legislative districts each decade with the new numbers from the latest census. Craddick and other Republican lawmakers — and ultimately, the state government — told the courts that since there is no prohibition against mid-decade redistricting, it's allowed.

Now Craddick's foes are making the same argument. Since there's no law against mid-session races for speaker, they contend, they're allowed.

The courts decided mid-decade redistricting is, in fact, legal. The questions over Speaker battles aren't being contested in court. And Abbott's ruling, if he makes one, isn't legally binding.

Dave Carney, who came to Texas as a political consultant to Gov. Rick Perry (and whose main office is still in New Hampshire) will consult Republican House incumbents through the Stars Over Texas PAC. He's played on the periphery; a third-party operation called Americans for Job Security ran ads attacking Rep. Tommy Merritt, R-Longview, a couple of election cycles back. Merritt was running for a state Senate seat at the time (it was a special election and didn't cost him his House seat), and Carney said then that the ads were an attack on taxes Merritt supported and not on Merritt himself. That's the election that put Kevin Eltife, R-Tyler, in the Senate.

• Gov. Rick Perry has a fundraiser at the Four Seasons in Austin coming up after Labor Day. He says he might run again and that's an early chance to see if his backers believe it. Speaker Tom Craddick, trying to put together a House that has at least 76 strong supporters in it, will have an Austin funder in mid-October. The Texas Association of Realtors is hosting that shindig.

• Republican Bill Welch, we're told, is making calls in anticipation of a possible rematch with Rep. Valinda Bolton, D-Austin, who beat him last November. He also lost a House race years ago, by a handful of votes, to fellow Republican Susan Combs, now the state comptroller.

• The sales tax holiday is over, and lawmakers want to expand it. Sen. Rodney Ellis, D-Houston, and Comptroller Susan Combs want to raise the price limit for tax-free goods to $150 from $100, and to expand the list of eligible items. The current three-day break from sales taxes includes clothes and backpacks and such, and costs the state about $52 million. Combs says the proposed expansion would add $17.4 million in sales tax cuts. Ellis says he'll try to win legislative approval for the changes in 2009.

• Rep. Rob Orr, R-Burleson, will take over as chairman of the House's Land & Resource Management Committee. Rep. Anna Mowery, R-Fort Worth, had that job but is resigning this month. Orr, who's in his second term, was been vice chairman when House Speaker Tom Craddick moved him up.

The political season traditionally cranks up after Labor Day. Who's got money?We pulled the numbers from campaign reports filed with the Texas Ethics Commission and ranked officeholders and candidates by how much they had in their accounts at mid-year. The first chart ranks everyone, followed by statewides, senators, representatives, former officeholders, and political action committees. We cut everything below $100,000 to keep the sizes manageable. Notes: Two of the million-dollar babies — Steve Wolens and Ken Armbrister — are out of office and could run for something else or give their money to candidates (that's true for all of the former officeholders, but those two have a lot of dough). Only three statewide officials broke into the top 10, and Attorney General Greg Abbott swamps everyone in terms of cash on hand. The only Texas politician with more money (we're not counting presidents) is Kay Bailey Hutchison, who had $7.7 million on hand at mid-year. There were four state senators in the top 10. Only two current House members — Speaker Tom Craddick and Rep. Burt Solomons, R-Carrollton, ranked in the top 20. We left PACs on their own list, but the richest of them — Texans for Lawsuit Reform — would have ranked tenth among the candidates and officeholders. Finally, there's a list of federal officeholders and wanna-bes. Hutchison's first, followed by U.S. Sen. John Cornyn, who's actually on the ballot next year, followed by the U.S. Reps who have to run every two years. Again, we trimmed everyone with less than $100,000 off the list. And the congressional list, like the state one, has some former officeholders on it. A note here: Federal campaign contributions have tighter rules than state contributions. But a federal account can usually be converted to a state race if the candidate is interested. Click on any chart to download a printable file of the full set.

Austin Judge Joe Hart let the corporations off the hook, but will let a lawsuit proceed against conservatives who ran third-party campaigns against legislative Democrats in 2002.The ruling is the newest turn in a lawsuit filed after the 2002 elections. A group of legislative Democrats sued after the elections, saying they'd been opposed by third-party political action committees that were illegally funded by corporations. Corporations and labor unions can't legally contribute to political campaigns. The people running those PACs contended their ads were aimed not at candidates, but at voter education, and were therefore legal. In his ruling, Hart released the corporations that provided the money, but will allow the lawsuit to go to trial against the people who were running the third-party effort. That means the Texas Association of Business, which coordinated the effort leading up to the 2004 elections, is still on the hook, as are lobbyist Mike Toomey, who helped, and some of TAB's officers. Andy Taylor, a lawyer for TAB, said the trade group played by the rules: "As we have stated all along, TAB fully complied with both the spirit and the letter of all of the election laws during the 2002 state election cycle." Hart said in his ruling that the corporations in the case aren't part of a political committee and should be cut loose. But he said there are questions about the others and about whether they were engaged in campaigns for and against particular candidates or were trying only to communicate with voters about particular issues and tell them where the candidates stood. It's a fine line. Attorneys for the advertisers say they didn't use any of the "magic words" that mark the ground between issues and express advocacy for a candidate: phrases like "vote for" or "vote against" and so on. That was enough to get the corporations off, but Hart said everyone else will have to argue in court.

Gov. Rick Perry gave three of his most coveted appointments — commissioner posts at the Texas Parks & Wildlife Commission — to Dr. Antonio Falcon of Rio Grande City, Karen Hixon of San Antonio, and Margaret Martin of Boerne.

Falcon is medical director of the Family Health Center. He's replacing Joseph Fitzsimons of San Antonio. Hixon, whose husband, Tim Hixon, is a former commissioner, is on the board of TPW's foundation and used to serve on the boards of Environmental Defense and the Texas Nature Conservancy. She's replacing Ned Holmes of Houston. And Martin is the owner and operator of a Webb County ranch and is starting up a tea brokerage and export business. Her spot was occupied by Donato Ramos of Laredo.

You can follow presidential candidate giving in Texas down to the zip code on the Federal Election Commission's map pages. Texans gave $8.2 million through mid-year, ranking the state third behind California, at $13.9 million, and New York, at $12.4 million.Click here or on the picture below to go to the FEC's website. By their reckoning, Rudy Giuliani is the most popular candidate among Texans who contributed through the end of June. And Republicans extracted more Texas money than the Democrats. There's also a link to the federal map if you want to see what's going on elsewhere. The website's interactive, so you can see how each candidate did in each state and even in specific locales, like Houston or Corpus Christi.

U.S. Sen. Kay Bailey Hutchison has her mind on her money and her money on her mind.

The state's senior senator recently told the Houston Chronicle that she's needs "financial stability" before she retires.

"I certainly would like to make money. I think I've given up a lot of earning potential being in public service," Hutchison told the paper.

According to her publicly filed personal financial disclosure records, the senator and her husband, Ray Hutchison, shared a net worth of between $2.7 million to $7.3 million in 2006.

Hutchison's Senate salary last year was $165,200. She also received a $41,666 advance from publisher Harper Collins, according to those filings.

Senators don't have to report the values of their residences. Hutchison's personal disclosure reports do not include her $2.1 million home the senator shares with her husband — a senior partner at the Vinson and Elkins law firm — in Dallas. They also don't include the home the Hutchisons own in suburban Washington, D.C. Through a spokesman, Hutchison declined to put a value on that property, or to comment on her financial standing. In 2005, the Center for Responsive Politics ranked her 28th in net worth among the 100 senators.

The state's senior senator is also eligible for a federal pension, which would amount to about $107,000 a year if she were to retire today. The yearly stipend would presumably be higher if the 64-year-old decided to serve all of her third term and retire in 2012.

Her latest campaign disclosures with the Federal Election Commission show Hutchison has about $7.7 million in political cash at her disposal, which she could convert to a state account for a run at the governor's office if she chooses to do that.

Copies of Hutchison's personal disclosure forms can be found at the Senate's office of public records (in-person only, at the Hart Building, Room 232), or online at the OpenSecrets.org website run by the Center for Responsive Politics (while you're there, be sure and check out who the richest and poorest politicians were in 2005).

—by Alan Suderman

Rep. Charles "Doc" Anderson, R-Waco, will have a Republican primary opponent. It's a Sibley, but not the same one who threatened to run two years ago.

Jonathan Sibley, a lawyer and the son of former Sen. David Sibley, R-Waco, will run against Anderson next year. His older brother Adam talked about it two years ago and decided against a race. The candidate practices administrative law and is a registered lobbyists; he'll open a Waco office of Thompson Coe, the Austin firm where he works. He says he's not challenging Anderson because of any problem with the incumbent, but because he wants the job. He's got Waco roots, growing up and going to college and law school there. And his pop was the mayor before winning a spot in the Legislature.

The younger Sibley ducks when you ask about the race for speaker. "I don't think this is going to be about the speaker's race," he said, no matter how we phrased the question. Anderson was first elected in 2004, and has so far stuck with Speaker Tom Craddick in the leadership wars.

We've seen no official announcement yet, but former House Parliamentarian Denise Davis is apparently headed for the Austin offices of the Baker Botts law firm. She and her assistant, Chris Griesel, famously quit their jobs in the last days of the session as the speaker and the members warred over House rules.

Joe Beal is leaving the Lower Colorado River Authority early next year after serving as general manager since 1999. He's been at the agency since 1995. Early speculation has former Sen. Ken Armbrister, now a legislative aide to the governor, on the list of potential replacements.

Gov. Rick Perry moved Buddy Garcia, his most recent appointee at the Texas Commission on Environmental Quality, into the middle chair. Garcia, a former aide to the governor, will chair that three-member panel. He's been there since January; before that, he was assistant Texas Secretary of State.

Teresa Clingman of Midland will replace her boss, District Attorney Al Schorre, who retired earlier this summer. The Guv named Clingman to the job and she's telling locals she'll seek a full term when the post is on the ballot next year.

Perry named Thomas Whaylen of Wichita Falls to the Texas Military Preparedness Commission. Whaylen, an Air Force vet, is president and CEO of the Sheppard Military Affairs Committee.

Gilbert Amezquita of Harris County got a pardon from the governor on the recommendation of the Texas Board of Pardons and Paroles. He was convicted of aggravated assault in 1998 and sentenced to 15 years in prison, but it turns out that someone else committed the crime.

Diane Black Smith is the new deputy for administration at the Attorney General's office. AG Greg Abbott also promoted John Poole, making him the agency's new human resources director. Angela Hale, who left a TV news career to become the agency's communications director, moves into a new job as senior advisor to Abbott, and Jerry Strickland, her deputy, is moving into her old post.

House Speaker Tom Craddick joins the board of directors of the American Legislative Exchange Council, or ALEC. He was elected secretary at this summer's meeting. And Land Commissioner Jerry Patterson has been named president of the Western States Land Commissioners Association, which includes his counterparts from 22 other states.

Lulu Flores of Austin is the new president of the National Women's Political Caucus. She's the second Texan to hold that post in the 34 years the NWPC has been going; the first was Frances "Sissy" Farenthold.