You'll hear Lt. Gov. David Dewhurst mentioned if you start a conversation about the next governor's race, but the stars are aligning to send him to Washington, if he's interested.

Nobody wants to run against Dewhurst in a Republican primary, even if they think they can beat him. He's got money, a political base, and it'd be an expensive and maybe harmful adventure for any opponent.

Risky.

For all those reasons, Gov. Rick Perry, who is now saying he'll seek four more years in 2010, would rather see Dewhurst stay out of the race. And U.S. Sen. Kay Bailey Hutchison, who's talking openly about running for governor in 2010 — Perry or no Perry — would rather see Dewhurst stay out, too.

Add Attorney General Greg Abbott and Land Commissioner Jerry Patterson, each of whom has expressed interest either privately (Abbott) or publicly (Patterson) in running for lieutenant governor. They'd rather not run against Dewhurst, who has incumbency on his side in addition to that money thing.

If you squint and use a little imagination, that's four potential endorsements for a Senate run if and when Hutchison gives up the seat.

It would ease the competition for Perry and Hutchison, and clear the way for Abbott and/or Patterson. Bringing any of those onboard a Dewhurst candidacy would chill potential competitors in the GOP who might otherwise want to run for the Senate seat.

What's more, Dewhurst could set the table for his and other contests. Declaring for Senate before anyone else would raise the stakes for campaign donors, who have to deal with Dewhurst as Lite Guv during the 2009 legislative session. Don't want to oppose a fellow with a gavel unless you must.

It could box Hutchison a bit, too, which would make Perry happy. She's already said she won't seek another term, so the seat opens in 2012 for sure. If Dewhurst jumped in this year, or hinted strongly at it, she'd be on the spot to state her plans. That doesn't mean she'd have to say, just that everyone in the joint would be asking about it all the time.

The hardest sell, in spite of some self interest in a Dewhurst run, would be the governor. He's never named a favorite in the race for Senate if Hutchison were to resign. When Phil Gramm was talking about leaving the Senate a few years ago, Perry wanted to appoint Tony Garza. Gramm wanted U.S. Rep. Henry Bonilla for the job. He didn't quit, and the appointment wasn't made. Garza is now U.S. Ambassador to Mexico — out of position for a Texas race. Bonilla lost his seat to Ciro Rodriguez.

Perry hasn't stated a preference for Hutchison's replacement. Dewhurst has some selling to do if he wants the gig.

Dance Steps

There's no such thing as a self-appointed U.S. Senator (from Texas, anyhow), and federal campaign finance laws don't apply to state candidates, most of the time.

Those are the short answers to two recurring questions about this political dance featuring Gov. Rick Perry and U.S. Sen. Kay Bailey Hutchison: What's the deal with her replacement if she quits the Senate to run, or if she quits the Senate to become governor after winning election? And what's the McCain-Feingold campaign finance law do to her fundraising ability in a state race?

We'll take them in order. A Texas governor can't appoint himself or herself to the U.S. Senate if an opening occurs. And who would do the appointing depends on who's in the governor's chair when a vacancy occurs.

Say, for fantasy's sake, that Hutchison quit early to run for governor. Perry, the sitting governor, would appoint someone to hold the seat until a special election could be held. That's how Hutchison got elected in 1993: Gov. Ann Richards appointed Bob Krueger. Two dozen candidates ran in a special May 1 election and Hutchison beat Krueger 2-to-1 in the runoff that followed.

The political path joining the Texas seats in the U.S. Senate and the Governor's Mansion is surprisingly well worn, or was, until about 50 years ago.

James Pinkney Henderson served two years in the U.S. Senate, but that term began in 1857 — ten years after he'd been governor. Sam Houston gave up his Senate post in 1859 to become governor. Richard Coke gave up the Governor's Mansion after winning election to the U.S. Senate in 1876. Charles Culberson was governor for two terms before running for the Senate, where he served 24 years starting in 1899. Price Daniel was a U.S. senator who ran for and won the governor's office in 1956. The appointee named in his stead in 1957, William Blakley, lost to fellow Democrat Ralph Yarborough after less than three months in office. Blakeley was appointed again in 1961, when Lyndon Johnson became vice president; he lost after five months that time, to Republican John Tower.

The closest a governor came to appointing himself followed the death of U.S. Sen. Morris Sheppard in 1941. Gov. Pappy Lee O'Daniel appointed Andrew Jackson Houston — the 86-year-old son of Sam Houston — to the post. When Houston died in office two months later, having attended just one committee meeting, O'Daniel ran for the seat, won it, and stayed in the Senate for eight years.

Say Hutchison kept the Senate spot while running for governor and won. She wouldn't have to resign until she took the oath, possibly cutting Perry out of the appointment of her successor. Again, there'd be a special election to fill the seat after the appointee had held it for a few months.

The second question, about campaign finance, has a quick answer and a slow one. Quick: If she decides to run or even explore a run, Hutchison can raise money for a state race for governor while she's still in federal office without regard to federal campaign finance limits. The state limits — in Texas, there's no limit at all — apply.

But according to the Federal Election Commission, there's some fine print on the side of the can: The state account can only be used for her own campaign and can only be spent on things that refer to her or other candidates in the same race. That means none of it could be donated, while she's in federal office, to something like a coordinated Republican campaign for all state officeholders.

All of the money in her federal campaign account could be transferred to her state account; money that goes the other way is subject to federal limits on contributions for individuals and PACs.

One other thing: Hutchison isn't included in the list of state officeholders who can't raise political money during a legislative session. Whether she's still in office or not, she'd be allowed to raise money while the other officeholders interested in being governor in 2011 — maybe Perry, maybe Lt. Gov. David Dewhurst, to name two — were frozen out. They'd have time to catch up, but a head start's a head start.

Dingus Jumps

Bill Dingus, the Democrat hoping to challenge House Speaker Tom Craddick in November, quit the Midland City Council to make a run for statehouse possible.

Dingus isn't eligible to run for the state job while he's on the city council. A federal judge stated that in a ruling last week without actually ordering Dingus off the ballot.

Dingus blamed the state GOP for forcing him to give up the city job, by forcing the Democrats into court to test his eligibility.

His lawyer, Renee Hicks of Austin, says the resignation should cure the problem. He's reading state law to say the problem is that the terms of the offices would overlap; by resigning, Dingus puts that to rest.

Other lawyers have told us that's only the first step, that Dingus has to get off the council and off the ballot, then winning approval from party officials in the House district's five counties. They're charged with naming his replacement once he's off the ticket, and there's apparently no law against replacing him with his own self.

Hicks says "there's a very good chance this will end up in court." And he's hoping that's relatively quick, so that Dingus and the Democrats can get on the ballot "and the voters will be able to have a real choice on Election Day."

He wrote an open letter to the citizens of Midland blaming the Republican Party for challenging his eligibility. He ended it like this: "I thank you, good citizens of Midland, for the honor of serving as your City Councilman. God willing, I will serve you again."

Slow Cooking

The outcome of the HD-73 election won't be certain until the middle of May at the earliest.

State District Judge James Clawson set a May 19 trial date. The candidates have to file briefs by May 5 and come to a preliminary hearing on May 14.

Rep. Nathan Macias, R-Bulverde, lost the election to GOP challenger Doug Miller by a handful of votes — 17 — but contends that a number of voters cast more than one ballot and that that group of double-voters was big enough to flip the election result.

His lawyers asked Clawson to remove himself from the case without saying why; he declined to do that. By the end of the week, they'd appealed that decision to the 3rd Court of Appeals in Austin. Their argument: They've got the right to ask for a reassignment of the visiting judge in this civil case. Clawson's response: Election cases are different, and he'll remain.

Trey Trainor, a lawyer for Macias, said they were "extremely pleased" with the trial date. Craig Murphy, a spokesman for Miller, said, "we couldn't be happier."

A Tax Holiday for Business

Comptroller Susan Combs is putting off collection of the state's new business tax for a month, telling taxpayers they can miss the May 15 deadline by up to 30 days without a penalty.

That won her kudos from the National Federation of Independent Business, a trade group that has complained long and loud about the new tax and about the deadlines facing taxpayers.

The new margins tax was approved by the Legislature in special session two years ago, but isn't due until May 15. The forms taxpayers have to fill out for the new tax weren't ready until the end of March, though the comptroller's rules for the new levy were in place before that.

"We want to make sure businesses and tax practitioners have adequate time to make sure they're complying with the revised franchise tax," Combs said in a press release. "Because they're dealing with new calculations and enhanced technology for filing reports, the one month penalty waiver will help taxpayers accurately complete their returns in the first year of this brand new tax."

The delay shouldn't affect state revenue by much, officials say, since companies will still eventually pay what they would have had to pay in May. Lost interest will cost the state about $4 million, according to the comptroller, but her office contends the resulting accuracy will save money.

NFIB was delighted with the delay and full of praise for Combs, but they say their members are deeply unhappy with the new tax. "This new business tax is proving to be too much for many firms to calculate and — in some cases — too much to pay,"says Will Newton, who runs the national group's Texas office.

NFIB spokeswoman Laura Stromberg says the group is planning a protest on the day the new tax comes due and will be forming a coalition with others before then. "We'll be coming at the Legislature with this coalition. This isn't just about the forms — this is peoples' livelihoods," she said. "The Legislature had no idea what they were doing with this — it's pretty evident now."

And she predicted the taxpayers will get louder as they file and pay the new tax: "It's kind of like a hurricane. We can't tell you what the damage is until it hits."

Tax Caps, and Bloggers with Money

House Speaker Tom Craddick named a group of lawmakers to the Select Committee on Property Tax Relief and Appraisal Reform, chaired by Rep. John Otto, R-Dayton. He'll be joined by Reps. Ken Paxton, R-McKinney, Drew Darby, R-San Angelo, Gary Elkins, R-Houston, Ismael "Kino" Flores, D-Palmview, Dan Flynn, R-Van, Dan Gattis, R-Georgetown, Joe Heflin, D-Crosbyton, Phil King, R-Weatherford, Tracy King, D-Batesville, Ruth Jones McClendon, D-San Antonio, Inocente "Chente" Quintanilla, D-Tornillo, and Larry Taylor, R-Friendswood.

They'll concentrate on some ideas that fell short last time the Legislature met, including revised caps on increases in appraised values. Dallas lawyer Tom Pauken (now the chairman of the Texas Workforce Commission) headed Gov. Rick Perry's effort to limit property tax increases last year; he lauded the effort and said it should be easier next time. The leader of the opposition, Rep. Fred Hill, R-Dallas, isn't coming back. And the Senate, he says, is open to caps this time.

• TexBlog PAC, a coalition of bloggers raising money for Democrats, is giving $5,000 to Democratic House candidate Diana Maldonado of Round Rock in HD-52. They say they'll be raising more money and naming five more "major" endorsees. They aim to win enough races to gain a Democratic majority in the House (it's currently 79-71 in the GOP's favor; five Democratic wins would flip it).

Very Open Meetings

This agenda for an "Open Forum for Election Discussion" is posted on the website of the City of Rhome, northwest of Fort Worth. There's a screenplay in here somewhere:

Meeting of members of the Rhome City Council in Open Forum for Election Discussion, Saturday, April 26, 2008, City Annex Building, 261 School Road at 3:00 p.m.

1. Questions and answers for candidates on their intentions if they win the election.

2. Discussion on violating the Open Meeting Act by City Council members


3. Discussion on the process of firing the former Police Chief K. C. Schoenthal.

4. Citizen petition to keep former Police Chief K. C. Schoenthal.

5. The process of hiring Rick Roebuck.

6. Discussion on investigation on the former Police Chief Rick Roebuck and his subsequent resignation.

7. Completion of former Police Chief Rick Roebuck’s F-5. 


8. Discussion of firing Kelli Baker.

9. Discussion of hiring Judy Palmore causing nepotism.


10. City Council members reporting to the Wise County Messenger.

11. Seizure of citizen’s property by city council.

12. Taxation of specific Rhome citizens at a higher rate.


13. Possible termination of Ramah Burns and violation of her rights.

14. Contract violations of Jena Hawkins and violation of her rights.

15. Beautification committee.


16. Time dedication of mayor.

17. Personal attacks on Former Chief Roebuck.

18. Parks
.

19. Curb & Gutter for Main Street
.

20. Riding of unlicensed vehicles on city streets.

21. Status of Death Threats made against council member Davis.

22. Public Input available on all of the above.

Political People

Former Texas Railroad Commissioner and three-term state Rep. Lena Guerrero, D-Austin, died after a long fight with brain cancer. She was 50. Guerrero, a close ally of former Gov. Ann Richards and former House Speaker Pete Laney, turned to lobbying after she left office. Guerrero, the highest-ranking Hispanic woman in Texas at the time (and since), lost to Republican Barry Williamson after voters found she'd claimed a college degree she hadn't earned. She fought brain cancer for more than eight years, worked while she was under treatment, and even endorsed an old colleague — Democrat-turned-Republican Rick Perry — in his reelection bid last year. There's a spot for Guerrero in the Texas State Cemetery; she'll be buried there on Saturday, after a mass in Austin.

Badly Kept Secret: Deirdre Delisi of Austin and Bill Meadows of Fort Worth are soon to be named commissioners at the Texas Department of Transportation. Delisi was Gov. Rick Perry's chief of staff until last summer. Meadows is an exec with Wm. Rigg Co., a large insurance firm, and the vice chairman of the North Texas Tollway Authority, or NTTA.

Add state Reps. Yvonne Davis of Dallas and Rene Oliveira of Brownsville to the luminaries list at the state Democratic convention. They'll be honorary co-chairs, and party Chairman Boyd Richie is keeping the tennis ball balanced on the net: Davis backs Obama, and Oliveira backs Clinton.

H.B. "Trip" Doggett is the new COO at ERCOT (the Electric Reliability Council of Texas, better known as the electric grid). Doggett has been a consultant to the agency, and landed the post after a nationwide search to replace Sam Jones, who retired.

Thompson & Knight added Ashley Phillips, an environmental lawyer, to their Austin shop. She's done time with the Environmental Protection Agency and with the Texas Commission on Environmental Quality.

The governor's latest appointees include:

• Ben Gorzell Jr. and Carolyn Liner to the Texas Municipal Retirement System Board of Trustees. He's a CPA and the City of San Antonio's finance director; she's director of human resources for the City of San Marcos (and a re-appointee to the board).

• Thomas Leeper, a Huntsville city attorney, and retired attorney Raymond Carter Sanders of Austin to the Texas State Affordable Housing Corporation Board. Leeper will be the presiding officer on that panel.

• Williamson County Commissioner Lisa Birkman of Round Rock and Georgetown banker Stanley Ray to the Texas Agricultural Finance Authority Board of Directors. Ray's an exec at the Farm Credit Bank of Texas.

• Tarrant County Commissioner Gary Fickes of Southlake, Tracye McDaniel of Houston, and Alejandro "Alex" Meade III of Brownsville to the Advisory Board of Economic Development Stakeholders. McDaniel is an exec with the Greater Houston Partnership and Meade is principal of P3 Economics, an eco devo consulting firm.

• Thomas Oliver of Baytown, J. Russell Shannon of Andrews, and David Young of Grand Prairie to the state's Aging and Disability Services Council. Oliver is a CPA, Shannon is president of the National Bank of Andrews, and Young is a healthcare consultant. Shannon's new to the board; the others are being reappointed.

Indicted: Former U.S. Rep., state senator and representative Craig Washington, on a charge of aggravated assault with a gun on New Year's Day. He's accused of firing at another man's car.

Deaths: Former state Rep. Russell Cummings, D-Houston, of cancer. Cummings, who served two terms in the 1960s and later worked for the state for 20 years, was 82... Kevin Housley, a Christoval Republican who lost a bid for the state Legislature in 2006 and who had worked for Tom Loeffler, Bill Clements and Dick Armey. He was 45... Homer Scace, former assistant director of the Legislative Budget Office. He was 85.

Quotes of the Week

U.S. Sen. John Cornyn, R-Texas, quoted in the Lubbock Avalanche-Journal: "Texas, I think, is a pretty reliable red state. But who knows with Obama-mania."

Sen. John Whitmire, talking about prison guard shortage in the San Antonio Express-News: "The state built most of its prisons in all the wrong places. They used prisons for economic development. The rural counties would give you the land and throw in other incentives. It might have looked like a bargain, but we're paying a huge price for it."

Eldorado resident Rita McWorter, quoted in The New York Times about the state taking custody of children from a religious group's compound there: "We used to have a duck one time. And a snake was trying to get at her eggs, and she fought it to the death. That's the way I am with my children."

The newest t-shirt from one of last cycle's independent candidates: "Kinky Friedman Governor 2010. Start Thinkin'."

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Texas Weekly: Volume 25, Issue 17, 28 April 2008. Ross Ramsey, Editor. Copyright 2008 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.

Monday, April 28 is the 20th commemoration of Workers Memorial Day, an observance that most Texans have probably never heard of. To working families, though, the subject is one of deep and lasting concern as the labor movement pauses to remember the victims of workplace fatalities and rededicate ourselves toward preventing future deaths on the job.

Legendary organizer Mother Jones summed up the spirit of the day: "Mourn for the dead and fight like hell for the living!"

In newly released Bureau of Labor Statistics figures covering 2006, Texas saw 489 workplace fatalities, just slightly below the 495 of the previous year. While Texas ranked 25th among the states in per capita fatalities, the number represents a rate of 4.5 deaths per 100,000 workers, which is above the national average of 4.0. Another 258,500 workers reportedly were injured or contracted occupational illnesses, the official statistics suggest.

Almost all the workplace fatalities involved transportation incidents (202), acts of violence (59), contact with objects or equipment (88), falls (60), exposure to harmful substances (54) or fires and explosions (23). A disproportionate number of worker fatalities occur among Hispanics and immigrant workers.

Monday also marks the anniversary of the Occupational Health and Safety Act, signed into law by the liberal President Richard Nixon and enforced since then with lack of gums, much less teeth.

The latest government figures show that Texas businesses experienced a grand total of 3,491 routine OSHA inspections in 2006. At that rate, it would take 148 years for the agency to visit every eligible workplace for a routine safety inspection.

It's not like there's nothing to be found. A recent round of OSHA inspections of Texas refineries found numerous violations. OSHA workers are conscientious and effective when given a chance to inspect, and they do a fine job when called in to probe deaths in the workplace. When it comes to prevention, though, they are simply without resources to do the job.

What can Texas do to stave off worker fatalities?

For some years now, the Texas AFL-CIO has advocated for a state OSHA to complement the federal agency and focus on industries that have a history of deadly accidents. We believe preventive care is always cheaper than post-disaster consequences: Witness the BP explosion of 2005, in which about $150,000 of repairs could have prevented a multi-billion dollar catastrophe. A state OSHA would encourage employers in the most dangerous industries to stay ahead of tragedy. It would save far more than it costs, both in lives and money.

Many Texas employers responsibly place safety first, but the state's mechanism for addressing the ones who don't is weak. Besides a measured increase in regulation, Texas workers need reasonable access to the justice system when irresponsible employers cause workplace harm.

This week, the House Business and Industry Committee and Senate State Affairs Committee will consider a range of issues involving access to the courts for workplace injury victims. Among the issues: A recent Texas Supreme Court decision that would have denied courthouse access to any worker injured anywhere if the premises owner carried the right kind of workers' compensation insurance — regardless of whether the worker is even an employee.

The Supreme Court wisely withdrew the unanimous decision in Entergy v. Summers after a bipartisan group of legislators argued that the justices had misinterpreted state law. But to protect the right of workers to seek justice when they are injured, the Legislature should consider clarifying the rights of all injured workers to encourage employers to maintain the safest possible workplaces.

The vaunted "healthy business climate" in Texas must include better incentives for employers to keep workers alive and well. That's a basic principle that would honor the memories of the 500 or so Texas workers who die each year on the job.

Moeller is president of the Texas AFL-CIO, a state labor federation of approximately 220,000 affiliates that advocates in the Legislature and political arena for working people in Texas.

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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.

Bloggers paused this week to mark the death of Lena Guerrero, while also greeting the arrival of some faces (some new, some familiar). They're also thinking about the 2010 elections, celebrating some birthdays and looking at Texas' affect on national politics. And the Headline of the Week award returns.

* * * * *

2K10

Annex says that Gov. Rick Perry is trying to clear 2010 opponents out of the way by recommending John Montford for University of Texas system chancellor. A Perry spokesperson tells Political Junkie "This John Montford thing is being blown out of proportion."

Perry did a nice job schmoozing San Antonio legislators, strongly hinting that he'll run again in 2010, according to Texas Politics. Was Perry's announcement Friday about ethanol waivers an attempt to "scoop" a Monday op-ed by Sen. Kay Bailey Hutchison? asks Postcards. (KBH spokesperson Matt Mackowiak told us Saturday that's one way of looking at it, but said there's a difference between making an announcement and actually doing something about it.)

And Austin Political Report uses a Shakespearean conceit to muse on the 2010 gubernatorial contest.

* * * * *

A Very Burnt Orange Birthday

Burnt Orange Report celebrated its fifth birthday on Thursday at Scholz's Beer Garden in Austin. Kaos was also there to mark its second year of existence. Mean rachel, who's new to our blogroll, crashed the party in recognition of her 24th birthday (her real one, not the blog's). And KVUE's Political Junkie took pictures.

* * * * *

The National Scene

WhosPlayin is not happy about this letter to a Barack Obama delegate urging him/her to switch his/her vote to Hillary Clinton at the state convention. Meanwhile Obama "superdelegate" and Rep. Eddie Bernice Johnson, D-Dallas, wants the primary over ASAP, says the Dallas Morning News's Trail Blazers.

Burnt Orange uses a barrel of virtual ink to write that state Sen. Royce West, D-Dallas, will chair a committee on possible changes to the Texas Democratic primary/caucus system.

U.S. Rep. Ron Paul could change the national GOP, says Burnt Orange. The state party will hear from Mitt Romney and Newt Gingrich, according to Postcards. Meanwhile, the national GOP is employing a strange YouTube strategy to attack Obama over gas prices, says PoliTex.

* * * * *

Departures and Arrivals

Former state Rep. and Texas Railroad Commissioner Guerrero died last week after an eight-year bout with brain cancer. BurkaBlog looks back on Guerrero's public career, saying she, along with Henry Cisneros and Dan Morales, were "promising Hispanic politicians who were statewide figures" until they all "self-destructed." Postcards from the Lege, the Austin American-Statesman's blog, makes the same connection.

Guerrero's service was held at Our Lady of Guadalupe church, and she is buried in the Texas State Cemetery, according to Postcards.

Rep. Aaron Peña, D-Edinburg, reminisces about his "good friend" in A Capitol Blog. "She was like everybody's sister," says state Rep. Norma Chavez, D-El Paso, to Vaqueros & Wonkeros, the El Paso Times's blog. And Dos Centavos has a photo of Guerrero with former Gov. Ann Richards.

Chronic, the Austin Chronicle's blog, has a piece, too. And here's the take from PoliTex, the Fort Worth Star-Telegram's blog.

The Capitol Crowd marks the death of Jonathan David Chatham, the son of Donna Chatham, who is executive director of the Association of Rural Communities in Texas.

Brian Ruiz, a Democrat running for Congress against incumbent John Carter, has a new campaign manager: his brother, Abel Ruiz.

We bid adieu to Professors-R-Squared a few weeks ago. But "Houston's only openly Republican political science professors" are back! (They've brought friends, too, and have retained their sense of humor.) Meanwhile, Texas Politics, the Houston Chronicle's blog, alerts us to the existence of Letters from Texas by political consultant Harold Cook.

Capitol Annex has a new comments policy.

We mightn't have heard the last of Bill Dingus, the Democratic Midland city councilman trying to run against House Speaker Tom Craddick, says Chronic, who compares the Dingus deal to the earlier to-do over Wendy Davis, who gave up her Fort Worth city council seat to run against state Sen. Kim Brimer.

Muckraker's on Facebook. According to Texas Kaos, Austin will say "Howdy" to progressive bloggers for the Netroot Nation's conference July 17 to 20, while San Antonio will say "Hey" to the Mexican American Legal Defense and Education Fund on April 24, says Tex Parte Blog.

ABC13's Political Blog got some face time with potential Houston mayoral candidateBill King, who has a book out.

* * * * *

Headlines

Texas GOP Still Following Perry On Transportation, by Eye on Williamson.

Juvie crime in Texas IS declining, but "why" is a mystery, by Grits for Breakfast.

Bexar County starting to plan for possible post-TYC future, by Grits.

Searching for principled voices on the Eldorado raid, by Grits.

Trans-Texas Corridor: Your land is their land, by muckraker.

CorridorWatch Responds to Governor Rick Perry's Speech, by muckraker

Our Headline of the Week award goes to Half-Empty for this textbook example of objectivity and nonpartisanship: "Why Doesn’t Texas Senator John Cornyn Support Our Veterans?"

On The Record: Jann Fletcher, by Texas Blue (Fletcher is chair of the Archer County Democratic Party).

Interview with Lone Star Project Founder Matt Angle, by Blue.

Creationists Get Failing Grade, by Texas Observer Blog.

It's another tax task force! by Texas Politics.

Texas Dems see hope in dollar signs, by Vaqueros.

Congressman Henry Cuellar receives US Chamber Award, by Walker Report.

Fishing for controversy, by Political Blog.

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This edition of Out There was compiled and written by Patrick Brendel, who hails from Victoria but is spending the spring in the mid-Atlantic region. 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.

Bloggers are recapping the results of last Tuesday's runoff elections. They're also previewing the upcoming contests in November, bidding adieu to some of their favorite people and discussing high-profile lawsuits. And then there's what was left over.

* * * * *

April showers

Before the poll results came in, BurkaBlog examined the implications of each runoff race, particularly regarding the House Speakership. Here's his hindsight after the votes were cast. Texas Observer Blog's analysis can be found here.

Tex Parte Blog takes a close look at the Harris and Travis County District Attorney contests. And ABC13's Polticial Blog says Democrats are paying attention after the Houston-area runoffs. (Off the Kuff was paying attention, too — here's his take.) Both Travis County D.A. candidates were all smiles after the polls closed, says Chronic, the Austin Chronicle's blog. And KVUE's Political Junkie crunches the numbers.

Chronic says HD-52 GOP candidate Bryan Daniel "seemed to be running against the local party," which bodes well for the Dem in the general. Eye on Williamson concurs, "playing dirty against a local son, might hurt him in November."

In the Pink voted, then blogged about it. The runoff winners are vulnerable in November, proclaims Burnt Orange.

Speaker candidates have been giving to Parent PAC, says Postcards from the Lege, the Austin American-Statesman's blog, asking, how's that different from what Tom Craddick did?

* * * * *

November Rain

IVR Polls says incumbent U.S. Rep. John Culberson, R-Houston, is up 57-39 on challenger Michael Skelly, the same margin by which Sen. John Cornyn is leading challenger Rick Noriega (within the congressional district), according to Brains and Eggs. Texas Blue has an interview with Skelly here. Texas Kaos thinks Skelly is the bees' knees.

Texas Politics, the Houston Chronicle's blog, admits to reading Burnt Orange, and blogger Memoirs from a Young Conservative likes her some Cornyn.

Burnt Orange lends the forum to Democrat Glenn Melancon, who's taking on incumbent U.S. Rep. Ralph Hall, and he posts a video of a speech he made in Collin County.

The liberal Lone Star Project is demanding that state Sen. Kim Brimer, R-Fort Worth, fork over $357,000 to make up for profits from a property deal tangled up with campaign funds, says PoliTex, adding that "Some news stories never die." Blue's got the letter from Lone Star. Burnt Orange says the ongoing to-do represents one more reason to vote for challengerWendy Davis.

Vaqueros & Wonkeros, the El Paso Times's blog, says El Paso Democrat Joe Moody is telling supporters that HD-78 is trending blue. In the general, he'll face the GOP's Dee Margo, who beat up on incumbent Pat Haggerty in the primary.

* * * * *

Later, Alligator

PinkDome's hanging up the mouse for good. North Texas Liberal shed a tear. In the Pink reached for a glass of vino. The Texas Cloverleaf says he was a major influence. Capitol Crowd calls him "The sweetest guy with the cruelest blog." Kuff will miss his "keen sense of fashion." PoliTex, the Fort Worth Star-Telegram's blog, reminisces about an off-color remark by Gov. Rick Perry relayed by the anonymous blogger. "He's like a laxative for websites. That's a compliment," says Political Junkie.

Chronic points out, on an *unrelated* note, KXAN suddenly has a new blog by some guy named Charlie Ray. (Grits for Breakfast makes the same observation.)

Texas Safety Forum says the CD-22 runoff was a referendum on Shelley Sekula Gibbs. Anti-Corruption Republican made a last-second plea on behalf of Sekula Gibbs, alleging, well, potential corruption on the part of Pete Olson. Half-Empty gives the feisty dermatologist a farewell video sendoff. Musings blogs in pink font all week in her memory.

Fox 7 reporter Mike Rosen pulled a Tony Snow and succumbed to the dark side. He'll be working for U.S. Rep. Mike McCaul, R-Austin. Political Junkie relays some parting shots from those who knew him. And one can find impromptu comments from some reporters below this entry by Postcards.

Political strategist Kelly Fero got axed by the Rosemary Lehmberg campaign last week (as reported by Political Junkie), but his Austin Political Report blog lives on! APR sticks it to "Austin's newspaper of record" (that'd be either the Statesman or the Chronicle), and erroneously alleges Aggieness on the part of Glen Maxey. ("I'm no Aggie," replies the Bearkat Maxey.) And In the Pink says the business with Fero is serious, seriously.

Solicitor General Ted Cruz is out — James C. "Jim" Ho is in, says Texas Parte. Meanwhile, Houstoned, the Houston Press's blog, says Texas Medical Board executive director Donald Patrick is calling it quits.

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Suiting Up

Texas Parte simplifies the legalese enshrouding three major cases going on right now. First, the lawsuit by a white student against The University of Texas at Austin appears identical to 1996's Hopwood v. Texas, which overturned UT law's race-based admission policy. (The door to affirmative action was cracked open again in 2003's Grutter v. Bollinger.) Second, eight minors (or representatives thereof) are suing over alleged beatings and suspensions of legal rights that occurred in a privately run immigration detention center in San Antonio. The blog also dissects the claim brought by lawyers for the Fundamentalist Church of Jesus Christ of Latter Day Saints (popularly known as the "polygamous sect").

Black Democrats of El Paso Pres. Don Williams has filed an official challenge to the El Paso delegation to the state Democratic convention, according to Newspaper Tree, via Burnt Orange. The ACLU says Beaumont public schools got some 'splaining to do in regard to after-school education sessions only mandatory for male African-American students. And muckraker is just begging to be sued by lawyer and state Sen. Kirk Watson, D-Austin.

* * * * *

Dross

Legislative Director Dina Meyer is Capitol Crowd's Person of the Week.

Democratic delegate Tammie Hartgroves goes "On the Record" with Blue.

Texas Sparkle took a trip to the Beltway and took pictures of what U.S. Rep. John Carter, R-Round Rock, calls "the devil's city," according to Postcards.

Railroad Commissioner Michael Williams is turning 55, via Walker Report.

The South Texas Republicans newsletter is up, via Walker.

Photos from the Young Conservatives of Texas convention, from Walker. (Attendees don't look "energized," per se.)

Who's the top Texas Democrat now that Ronnie Earle's gone? asks PoliTex. (Cue cricket track.)

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This edition of Out There was compiled and written by Patrick Brendel, who hails from Victoria but is spending the spring in the mid-Atlantic region. 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.

The U.S. Supreme Court, ruling in an Indiana case, says laws requiring voters to provide photo identification are legal. A proposal for such a law in Texas failed during last year's legislative session, but supporters had already vowed to try again. This bolsters their argument against accusations that a Voter ID law would curtail voters' rights. Texas Attorney General Greg Abbott — joined by attorneys general from several other states — filed an amicus brief in the case asking the high court to uphold Indiana's law. A copy of the court's opinion is available here. And a copy of Abbott's brief is attached below, or here. Sen. Mario Gallegos, D-Houston, blocked the bill in 2007 and says he'll do it again if the legislation comes back. "I'm saddened that the Supreme Court has chosen to legalize discrimination," he said. "But just because the court's decision indicates that it's legal, doesn’t mean it's right." Gallegos, who remained in Austin in spite of life-threatening kidney troubles to prevent the bill from passing, could have a harder time now. Lt. Gov. David Dewhurst, a supporter of the legislation, ran TV ads in favor of the idea earlier this year and will have another go. "I look forward to passing a fair Voter ID law in Texas next year that fully protects the voting rights of all U.S. citizens registered to vote in Texas," he said. The sponsor of last year's bill, Rep. Betty Brown, R-Terrell, still supports the idea and says the decision will bolster support next year for another try. Rep. Wayne Christian, R-Center, said the decision "puts to rest the fallacious and deceitful argument that voter identification is a ploy to deny access to the polls." Christian heads the Texas Conservative Coalition — a legislative group — and said they'll push for new Voter ID legislation next year.

Bloggers are in a tizzy over the possibility of four more years of Gov. Rick Perry. They're also talking money, discussing the legal problems of Houston public officials and writing about presidential politics. And then there's the usual list of miscellaneous posts.

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Good Hair Day

The Dallas Morning News caught Gov. Perry saying he will run again in 2010. The report sends BurkaBlog into implosion mode: "This is bad news for Texas, bad news for Texans, and bad news for the Republican party." After several heart attacks, Burka arrives at a singularity: "He has also built a career out of getting into Kay Bailey Hutchison’s head. That’s what this was all about. Throw her off stride." Says musings,"Taunting Kay Bailey is his favorite method of self-gratification."

Austin Political Report is skeptical: "Don't count on it." But lobbyist CliffJohnson says he's not surprised, according to Postcards. It could be a smart political move, says Burnt Orange Report.

KVUE's Political Junkie has reaction from Lt. Gov. David Dewhurst, Hutchison, and Texas Democratic Party chair Boyd Richie. Here's audio of Hutchison from Postcards from the Lege, the Austin American-Statesman's blog. (She doesn't sound not annoyed.)

Maybe Perry was just joking around, but it sure doesn't sound like it in this conversation captured by PoliTex, the Fort Worth Star-Telegram's blog. Here's the text. Texas Cloverleaf wonders why everyone's making a commotion over a race in two years for a relatively weak office.

Hutchison and Perry might both face opposition from the religious right in a tough primary, speculates Capitol Annex, adding that what Dewhurst really wants is to be Senator.

Postcards mentions likely Democratic candidates as Houston Mayor Bill White, '06 nominee Chris Bell and, of course, John Sharp. And here's the take from Chronic, the Austin Chronicle's blog. Meanwhile, Perry supports (the formerly?) embattled House Speaker Tom Craddick in this PoliTex entry.

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Dough Boys

Incumbent Sen. John Cornyn reports having $8.7 million in cash, compared to about $330,000 for Democratic challenger Rick Noriega.

Burnt Orange does its best to spin the news to Noriega's benefit. Half-Empty takes a stab at it here. And Trail Blazers has the viewpoints from both campaigns here. So does PoliTex. Meanwhile, Political Junkie breaks down Cornyn's Benjamins.

Texas Politics, the Houston Chronicle's blog, says fundraising should get easier for Noriega now that he's out of the primary, but he's going to have to bring in big money this quarter if he's to have any chance in November. Postcards compares the Cornyn-Noriega situation to James Webb's defeat of George "Macaca" Allen in Virginia in 2006. Postcards also says that Cornyn's $8.7 million war chest is about the same size as Hutchison's was at this time two years ago.

Former Texas Justice judge Larry Joe Doherty is getting fundraising help from national Democratic bloggers, says Burnt Orange. More about Doherty's money from Annex can be found here.

Incumbent Democratic Reps. Ciro Rodriguez and Nick Lampson have far more cash on hand than their Republican challengers, says Burnt Orange. And financially independent Democrat Michael Skelly has raised about three times as much money as incumbent Rep. John Culberson, R-Houston, says Texas Blue. On an unrelated note, Colorado Gov. Bill Ritter, a Democrat, plans on raising cash in Austin, says Postcards.

And Trail Blazers, the Dallas Morning News's blog, has a list of big-time Texas bundlers for John McCain. (Some names should ring familiar.)

* * * * *

Like Stepping on Rakes

State Rep. Borris Miles, D-Houston, takes a pretty good mugshot, in Political Junkie's opinion. Also via Political Junkie,Texans for Fiscal Responsibility's Michael Quinn Sullivan has a video parodying state Rep. Hubert Vo, D-Houston, who's been accused of being a slumlord. (The video gets the Texas Safety Forum seal of approval.)

Active Miles and Vo supporter Brains and Eggs laments, "Truthfully, the sadness that I feel at the self-inflicted destruction of these two men makes me want to give up on offline political activism."

And Tex Parte Blog reports on a Fifth Circuit opinion that "A Harris County trial judge's off-the-record comment in open court that he was "doing God's work to see that defendant [Carl Wayne] Buntion gets executed" is not grounds as a matter of law for a new trial."

* * * * *

Top of the Ballot

Burnt Orange takes umbrage at the GOP's call for U.S. Rep. Rodriguez, a "super delegate," to endorse either Hillary Clinton or Barack Obama. Trail Blazers says the elephants also targeted Rep. Nick Lampson, D-Stafford.

El Paso's state Democratic delegates are in jeopardy. Burnt Orange wants to know what's going on, sparking some interesting comments.

Burnt Orangemaps the results of state senate district and county conventions.

Obama's Chicago pastor Jeremiah Wright is coming to Dallas on April 27, says PoliTex.

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Odds and ends

Tex Parte Blog: 16th Dallas County inmate cleared by DNA testing; Solicitor General R. Ted Cruz is new father.

Burnt Orange: Rep. Scott Hochberg, D-Houston, may run for Kyle Janek's Senate seat; Fewer kids enrolled in CHIP.

Eye on Williamson: Activist's impressions of T. Don Hutto immigration detention facility.

Grits for Breakfast: DNA collection and preservation; DNA exonerations.

Mike Falick's Blog: Spring Branch survey on recess; top 10 amazing chemistry videos; physics can be phun; Abraham Lincoln's letters online.

Blue: Interview with Paul Harper, Somervell County Democratic Party chair; interview with state Sen. Kirk Watson, D-Austin.

I Love Beer: Texas winners at World Beer Cup.

Postcards: Railroad Commissioner Michael Williams not interested in being Attorney General; video interview with Williams.

PoliTex: Texas Republicans vs. Scientology.

Houston Political Blog: Politicians turn out for wounded vets.

The Swanky Conservative: How many five-year-olds could you take on?

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This edition of Out There was compiled and written by Patrick Brendel, who hails from Victoria but is spending the spring in the mid-Atlantic region. 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.

The state is confronting the challenges at the border with a primary emphasis on prevention. And while barriers can be effective in certain heavily-trafficked areas, closely coordinated local, state and federal law enforcement resources give us our best chance to hit our target: reduce crime and a secure border* * * * * Having voted for the $110 million in border security funding that Gov. Rick Perry requested in the last legislative session, I recently attended the Committee on State Affairs meeting held in the Rio Grande Valley. We visited the border region, along with Rep. Warren Chisum, who chairs the Appropriations Committee. We were able to see the threat firsthand and assess the progress of our efforts. I can report that Texas' new policies are having an extremely positive impact. The state is confronting the challenges at the border with a primary emphasis on prevention. And, while barriers can be effective in certain heavily-trafficked areas, closely coordinated local, state and federal law enforcement resources give us our best chance to hit our target: reduce crime and a secure border. A "one size fits all" solution for this complicated terrain of waterways, deserts, urban centers and agricultural operations is not possible. But we can move away from an operational structure that records ever-higher number of apprehensions, drug seizures and convictions to an outcome-based model that focuses on crime prevention and safety. At Gov. Perry's request, state funds appropriated by the legislature are being used to provide much needed equipment and resources to support the brave men and women of the Border Patrol in achieving its vital mission. This funding and clear direction from the Governor's office has allowed us to attain an unprecedented level of coordination and cooperation among local, state and federal agencies in the border region. Around the clock, local sheriff's deputies, police officers, Border Patrol Agents, Department of Public Safety Troopers, Customs and Border Protection Inspectors, Texas Military Forces personnel, Texas Parks and Wildlife Game Wardens and others under the coordination of the Texas Rangers are working together to secure the Texas/Mexico border. This teamwork is maximizing our resources, increasing our impact on organized smuggling activity, and protecting our citizens. My colleagues have crossed rugged terrain on horseback with the Border Patrol, accompanied Game Wardens on boat patrols of border lakes and the Rio Grand River and flown at night in helicopters equipped with newly acquired night vision capabilities. In my capacity with the Texas State Guard, I have spent time on numerous operations centered along the border. I have listen to weary law enforcement officers as they share stories of heavily-armed paramilitary forces and the transitional gang members employed by drug cartels who threaten Texas landowners. However, our efforts are succeeding and we have the results to back it up. In border counties that have long been the personal playground for smuggling organizations, serious crime has dropped by an average of 65% and illegal alien apprehensions have fallen as those who would cross illegally are staying home. It is clear that the word is out: Texas is serious about border security. I am encouraged by conversations I had with Border Patrol Agents, Homeland Security Officers, and local law enforcement who told me that they have seen substantial progress in their border counties since operations began. Their newfound belief that a secure border is attainable through teamwork is yet more proof of our progress. Our situation is improving because Texans decided to do something about border security instead of just talking about it. Border security is, first and foremost, a federal issue. Nonetheless, Texas is making a difference because we are willing to dedicate our resources to a problem that affects the entire state and our nation. I am convinced that the Texas approach should be emulated in other states as soon as possible. Our purpose is not to shut down the border, but to shut down criminal activity and illegal crossings. I am in favor of legal crossings and a guest worker program that will increase commerce, meet labor demands for certain industries in our state, and contribute to the economic prosperity of both the United States and Mexico. Texas and Mexico have a long history of cooperation and friendship and we should not let human smugglers and drug runners jeopardize that relationship. In the weeks and months to come, we need to do even more to support our law enforcement officers on the border, providing more resources and giving them credit for their accomplishments. These hard-working people are logging significant overtime and risking their lives and their safety to keep us all safe. To continue this progress, we must consider continued state funding in the next legislative session. We must also encourage the federal government to provide its Customs and Border Protection Field Operations and Border Patrol the resources the need so that local and state resources are no longer necessary to secure the border. In the end, I want Washington politicians and the people they represent to know that we're making great headway in securing our 1,254-mile border. By no means are we done, but we have shown what happens when we apply the right resources at the right places in the right way. If we can continue this approach, I am confided that border security can be achieved and our nation's safety secured. Until then, we must continue to address this issue with a unity of effort and a sense of urgency. Flynn, a Republican from Van, has represented HD-2 in the Texas House since 2003.

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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.

The other foot dropped, and the appointments of Deirdre Delisi of Austin and William Meadows of Fort Worth to the Texas Transportation Commission are now official.

Their mission: Calm everyone down and keep Gov. Rick Perry’s road-building program alive, even with political fire ant mounds like toll roads and private foreign ownership and property rights raising the temperature.

“Texas faces serious challenges in providing a transportation infrastructure that will sustain our state’s rapid pace of population and trade growth,” Perry said. “Both Deirdre and Bill have the integrity and expertise to ensure that these needs are met efficiently and responsibly. I am confident their contribution to the commission will maintain the momentum of the late Commissioner Ric Williamson’s pioneering vision, and secure comprehensive transportation solutions that will reduce traffic congestion, improve safety and keep our state’s doors open to economic growth and success.”

Delisi was Perry’s chief of staff until she left state employment last summer. She’s also worked on a couple of presidential campaigns (Lamar Alexander and George W. Bush) and for then-state Sen. Bill Ratliff. She’ll chair the commission, a job that’s been held by San Antonio’s Hope Andrade since Williamson's death last year.

Meadows, an insurance exec with Hub International Rigg and the vice chair of the North Texas Tollway Authority, will fill an open spot on the board, bringing the commission to full strength for the first time since Williamson died.

These will require Senate consent. Delisi and Perry have already done some politicking to get this far, convincing Sen. Kirk Watson, D-Austin, to go along (an appointee’s local senator, by closely followed tradition, has to approve before an appointment is made).

The appointments got nods of approval (coordinated, and delivered by email to reporters within hours and in some cases, minutes, of the announcement) from the Texas Association of Business, the Texas Motor Transportation Association, the U.S. Hispanic Contractors Association, a group called the Texas RV Association, and from Sen. Jane Nelson, R-Lewisville, who was glad to get someone from North Texas on the board: “As the state's most populated metro area, we have enormous needs that are critical not just to our region — but the entire state, mainly because our growth is driving the state economy,” she said in a press release.

A Harris County grand jury re-indicted the wife of a Texas Supreme Court justice on arson charges, according to the Houston Chronicle.Francisa Medina, wife of Justice David Medina, was indicted earlier this year, but the first grand jury's work was tossed out by a judge. Now she's been charged again. Justice Medina, accused in the first round on charges of tampering with evidence, hasn't been charged by this panel. The charges stem from a fire at the Medina's home in Spring last summer that investigators suspect was intentionally started. The first grand jury accused Francisca Medina of arson and Justice Medina of tampering with evidence. Now, she's charged with starting the fire that damaged her home and a neighbor's home. The Chronicle's full story is online here.

As we wrote last week, the governor can’t appoint himself to the U.S. Senate (or to anything else). A couple of readers asked where the prohibition is, so we dug a bit.

It’s in common law, but not in statute. And it’s apparently well established enough to prevent even an ambitious officeholder from testing it in court.

The concept here is “incompatibility,” and the idea is that you can’t, as an officeholder, do two things at once. It’s the doctrine that keeps city council members from appointing themselves to city boards, that keeps governors from naming themselves to the public utility commission, and so on. The lawyers at the Capitol read it to mean that you can’t make those kinds of appointments unless the law expressly allows the exception.

One lawyer pointed us to the Attorney General’s website and to a pretty useful (for this and other questions) publication called Traps for the Unwary.

While other states are facing deficits large and small, the Texas Legislature will start its next session with a surplus of almost $15 billion, according to House Speaker Tom Craddick. The Rio Grande Guardian quoted him from a speech to Republicans in Hidalgo County. He gave some credit to soaring oil prices (and the taxes therefrom), but said lawmakers deserve some laurels: “Now, I didn’t create the price of oil and I know that’s helped a little but let me tell you right now, so did cutting spending, so did consolidating agencies, so did saying the word ‘no.’”

He suggested budgeteers should use the money to increase funding for Parks & Wildlife, and to supplant gasoline tax money that now goes to the state police instead of to state highways.

The source of Craddick’s numbers wasn’t immediately available. Comptroller Susan Combs hasn’t revised her estimates of state revenue and has told other audiences that the state’s new business margins tax could fall short of some predictions. Texas companies are only now completing their own returns under that tax for the first time, and Combs has said she won’t have solid numbers on its performance until late summer. The tax is due in mid-June.

Sen. Kyle Janek, R-Houston, is squiring Austen Furse III around political circles, touting him as the Republican who ought to succeed Janek in SD-17 later this year.

The incumbent is leaving as of June 2. And former Harris County Republican Chair Gary Polland — who lost the 2002 GOP primary that put Janek in the seat — is also in the water.

Don’t count Democratic state Rep. Scott Hochberg in or out of that race yet. If the special election to replace Janek is on the same day as the general election in November, sitting House members (the other in question here is Republican Rep. Charlie Howard of Sugar Land) would have to run for either Senate or House but not both. If it’s on any other date, they could run for the Senate without giving up their reelection bids; a loser in the Senate race wouldn’t be forced to give up the House seat. Hochberg says the question about his plans isn’t ripe until the election date’s been set.

Can a Democrat win it? Allen Blakemore, who ran Janek’s races and will run Furse’s effort, says it’s Republican turf even on a bad day. By his measure, Democratic hopes are based on a dramatically Democratic turnout in Harris County, which makes up about half the vote in a normal year. Hochberg says the district leans Republican, but isn’t prohibitive. “It’s good enough that it’s not tilting at windmills,” he says. “It’s probably closer than some of the ones people are concerned about.” He says a Democrat who can get independents’ votes could win the Senate seat.

Oh, and spike the rumor that it’s possible to run for both seats, since the House would be on the general election ballot and the Senate would be on a special election ballot. The wizards at the Secretary of State’s office say it’s considered the same election for purposes of eligibility.

Texas Republicans are getting into Internet video and say they were prompted to do it, in part, by Texas Democrats. The Democrats put video clips and an edited short on the web after their last state convention, and liberals dominate the Texas blogs.

If you go to YouTube and search for Texas Republican, most of what shows up right now is either about U.S. Rep. Ron Paul, R-Clute, or is a swat from Democrats aimed at the GOP. Gov. Rick Perry has some postings, and Railroad Commissioner Michael Williams does, too. And some campaigns have been active on the Internet; Perry, for instance, ran ads online that didn’t run on radio or TV during his last campaign.

But there’s nothing before now from the state GOP. They’ve bought a hi-def camera and is working on a website redesign. Hans Klingler, a party spokesman, says they’ll add something every few weeks until the June convention, when they’ll post more often. Their first effort is a straight-ahead commercial — not the sort of thing people hurry to pass along to their friends — but he says they’ll loosen up as they go along.

• Rep. Nathan Macias, R-Bulverde, lost a round in his attempt to flip the results of the GOP primary that choked his reelection bid (Macias lost to Doug Miller by 17 votes). He asked the visiting judge in that election contest to step aside so another judge could be appointed. That judge, James Clawson, said the request wasn’t proper in an election case. The state’s 3rd Court of Appeals agrees. Macias can take it to the Texas Supreme Court, or let it rest. The trial on the election results is set for May 19. Macias’ lawyers say they’ll focus on Box 5 from Gillespie County, which came in hours after the rest of the votes were counted.

• John McCain is comfortably ahead of Hillary Clinton and Barack Obama in Texas, according to a survey done by students at the Earl Survey Research Lab at Texas Tech University. They talked to 507 voting age Texans (including 483 registered voters) on the phone between March 25 and April 14. And the sample included almost twice as many Republicans as Democrats (45 percent to 24 percent). With that group, McCain outpolled Obama 58 percent to 29 percent, and outpolled Clinton 59 percent to 30 percent. President George W. Bush had a rough time: 42 percent approve of the way he’s handling his job, while 46.5 percent disapprove.

• Clamping down on lawsuits has boosted the state economy by $112.5 billion annually, according to an economic study done for Texans for Lawsuit Reform. That group hired Waco economist Ray Perryman to quantify their work. His assessment: Tort reform is responsible for 499,000 jobs, a $2.6 billion increase in state revenue, and a 21.3 percent drop in medical liability insurance costs.

• Texas could halve the number of uninsured children in the state by making it easier to sign them up for Medicaid and the Children’s Health Insurance Program. A group of legislators and health care advocates say half of the state’s 1.5 million uninsured children are already eligible for the two programs. They’re not insured, according to those folks, because the eligibility and enrollment system isn’t working, because the state requires them to re-enroll more than once a year, and because the state doesn’t do enough to advertise the programs.

• We don’t generally do sports here, but sports folks don’t generally hold fundraisers for the LBJ School of Public Affairs, either. That school has a Mack Brown Distinguished Chair for Global Affairs, started with $500,000 from the UT Athletic Department. The UT football coach is the honoree at a May 16 dinner headlined by Penn State coach Joe Paterno and former NFL star and Republican Pennsylvania gubernatorial candidate Lynn Swann.

Evan Smith, editor of the state's biggest magazine, pulled TW editor Ross Ramsey into a podcast with TM political writer/editor Paul Burka to talk about the ongoing race for speaker and other political doings.Here's a link.

Want to know where House Speaker Tom Craddick found the $15 billion he's labeled as "surplus" funds?The Speaker told a South Texas audience the Legislature will start its next session with $15 billion unspent and in the bank. Lawmakers knew they'd left money on the table last session. Budgeteers said they were spending less than they had available out of caution, since they didn't (and still don't) know how much money the new business margins tax would bring in. But the numbers are boosted further by high oil prices and the taxes based on them, and from higher-than-expected sales tax revenues over the last year and more. Look at the back of Craddick's envelope: He's starting with numbers released by Comptroller Susan Combs last year that included two significant bumps. First, she said the state had, through the end of last August, brought in $2 billion more than her earlier projections (the ones used by lawmakers writing the budget). Second, the economic good times had swollen the Rainy Day Fund to $5.7 billion, up from her estimated $4 billion. And there's the $3 billion set aside for property tax relief in the current budget. Those add up to $10.7 billion. If you assume, as Craddick apparently does, that the numbers will continue on this trajectory, you can add $4 billion to $5 billion to that number by the end of the budget period in August 2009. State agencies have to bring their proposed budgets to the Legislature in July and August. At that point, you'll start to get an idea of how their spending proposals match up with the revenue projects. That's when you'll see the actual difference between what's needed and what's available. If you want precision in language, that's when you'll know whether there's really a surplus in the state budget or a deficit. For now, without seeing what it would cost the state to do what it's already doing (not to mention areas where it might want to add to spending), Craddick sees that as a $15 billion bouquet.

U.S. Rep. Tom Tancredo, R-Colorado, who's made a political living off a hard-line approach to immigration, is trading pops with the mayors of Eagle Pass and Brownsville.Let's start with the Texans, who wrote this letter after Tancredo's visit to South Texas:

Dear Representative Tancredo: We have received your most recent tirade masquerading as a press release. While we understand that half-truths and deception are the minimum low standard of the Washington drive-by attack, we prefer straight talk. We oppose the one-size-fits-all, wasteful, ineffective border solution demanded by Washington showboat politicians. We are working hard to put in place effective alternatives that will achieve real border security. We have never said, “there is no border.” The Rio Grande River has been our border since the agreement to the Treaty of Guadalupe Hidalgo. To ascribe that quote to us, even by inference, in your tirade is ridiculously juvenile. We suggest you adopt U.S. Department of Homeland Security Secretary Michael Chertoff’s advice: “Grow up.” Best wishes in your post-congressional career. Sincerely, Chad Foster Mayor Eagle Pass, Texas Pat Ahumada Mayor Brownsville, Texas

And here's the Tancredo screed to which they were responding:

Tancredo Reiterates Suggestion That Border Fence Be Constructed North of Brownsville/Sends letter to Mayors restating his position and commitment to border security (WASHINGTON, D.C.) – Rep. Tom Tancredo (R-Littleton) today sent a letter to Mayors Pat Ahumada and Chad Foster, of Brownsville and Eagle Pass, Texas, clarifying his comments at a House Natural Resources Committee Field Hearing held in Brownsville on April 28th. During the course of the hearing, Tancredo suggested that the congressionally authorized border fence be built north of cities like Brownsville if their local governments continue to obstruct the completion of the barrier. “Securing the border is not a local issue. After all, what we are talking about here is not the Brownsville-Mexico border, or the El Paso-Mexico border, or the Yuma-Mexico border – it is the U.S.-Mexico border,” Tancredo said. “And the federal government’s failure to secure that has had disastrous consequences.” Local communities have expressed multiculturalist sentiment by suggesting that “there is no border” between the U.S. and Mexico, and refusing to cooperate with federal authorities over the congressionally approved border fence. Tancredo concluded, “This is a matter of national importance, and the American public should not be asked to sit back and allow a handful of local governments and their friends in the “open borders” lobby to exercise veto power over something that impacts not only our national security, but our national sovereignty.”

On Wednesday, Texas Gov. Rick Perry announced he had appointed Deirdre Delisi, his former Chief of Staff, as the new Chairman of the Texas Transportation Commission, which oversees the Texas Department of Transportation (TxDOT). As of today, I will not vote to confirm her appointment in the next Legislative session.Ask almost any Texan, especially those who have the need to travel frequently on US Interstate Highway 35, about our Texas transportation system and they will tell you that many of our roads have extreme congestion, while other construction projects have experienced significant cost overruns. Last year, TxDOT notified the public that they had experienced a billion dollar accounting error, spent millions of dollars in an effort to persuade Texans that we need to pursue the proposed Tran-Texas Corridor even though the Legislature had just passed a two-year moratorium on public private agreements. Next legislative session will be a critical time as we work to ensure that TxDOT can once again gain the trust of Texans and to overcome the low opinion of what was once the most respected highway department in the nation. In the Legislature, relations with TxDOT are also at an all-time low. Lawmakers' questions and concerns about the Trans-Texas Corridor, the agency's policies, funding schemes, budget, and construction priorities have oftentimes been met with contempt and disdain by TxDOT officials. The result is that many legislators, including myself, have lost confidence that TxDOT and its past policies are working in the best interests of Texas taxpayers. That is why I had high hopes that Gov. Perry would use the vacancy created by the untimely passing of former Transportation Chair Ric Williamson as an opportunity to appoint someone to lead the commission who would work to change the status quo, reach out to lawmakers, and work cooperatively with the Legislature to address the concerns of the citizens we represent. I view Ms. Delisi's appointment as a squandered opportunity. It appears that rather than choose someone to head the commission who will reach out to lawmakers and work cooperatively with legislators, the governor instead has chosen a political "yes man" with little or no practical experience involving transportation issues other than carrying out the Governor's myopic vision that relies solely on building more toll roads and selling our highway infrastructure to the highest bidder, usually a foreign owned company. I currently serve as the Vice Chairman of the Texas Sunset Advisory Commission. In 1977, the Legislature created the Commission to identify and eliminate waste, duplication, and inefficiency in government agencies. The 12-member Commission is a legislative body that reviews the policies and programs of more than 150 government agencies every 12 years. The Commission questions the need for each agency, looks for potential duplication of other public services or programs, and considers new and innovative changes to improve each agency's operations and activities. Currently, the Texas Department of Transportation is undergoing its 12-year Sunset review. I also serve as a member of the Senate Nominations Committee, the committee that will have to vote to confirm Ms. Delisi's appointment when the Legislature reconvenes in January 2009. One might expect that the Governor and Ms. Delisi would have contacted all members of these key committees to discuss their plans to reform TxDOT in the Sunset process and to ask for our vote in the upcoming Nomination process. Unfortunately, like most of my colleagues, I learned about the appointment from the news media. The Governor can certainly appoint anyone whom he sees fit, but as a state senator who takes his constitutional "advise and consent" responsibilities seriously, I would have hoped Gov. Perry would have sought out the advice of legislators before asking for our consent at this critical juncture in Texas history. The Texas Department of Transportation's vision statement says that the agency will work to: "Promote a higher quality of life through partnerships with the citizens of Texas and all branches of government by being receptive, responsible and cooperative." The Governor's and Ms. Delisi's recent actions with regard to this appointment are certainly not in keeping with that vision statement, but instead reflect a vision of non-cooperation and non-responsiveness to both lawmakers and the constituents they serve. I certainly hope that Ms. Delisi will prove me wrong. Likewise, I hope that between now and her Senate confirmation hearing next January she will attempt to change my perception that she will not be an agent of the status quo at TxDOT. If so, she may still have an opportunity to earn both my confidence and my vote, and the taxpayers of our state and those who use and depend on our vast transportation system will be well served.

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Glenn Hegar, a Republican, represents Senate District 18.

Becky Gregory is the new U.S. Attorney for the Eastern District of Texas; the U.S. Senate confirmed her appointment. Gregory, a Dallas lawyer and a former assistant U.S. Attorney, succeeds Matt Orwig, who resigned a year ago (and who’d been replaced on an interim basis by John Ratcliffe).

Karl Eschbach of San Antonio is the state’s new demographer, replacing Steve Murdock, who left that gig to head the U.S. Census Bureau. Like his predecessor, Eschbach is head of the Texas Data Center at the University of Texas at San Antonio.

A year after firing the management team in the prepaid college tuition division, Comptroller Susan Combs hired Kevin Dieters to head the new “Educational Opportunities and Investment Division.” Under his purview: the state’s 529 college savings plans, the Texas Guaranteed Tuition Program that was known as the Texas Tomorrow Fund (and is now closed to enrollment) and the Texas Tomorrow Fund II, which is scheduled to open later this year. Dieters had been at the Office of the Fire Fighters Pension Commissioner.

Dr. Eduardo Sanchez, former commissioner of the Texas Department of State Health Services, is joining Blue Cross and Blue Shield of Texas as vice president and chief medical officer. He’s currently working at the UT Health Science Center in Houston in the Institute for Health Policy.

Gardere Wynne Sewell added Elizabeth Hurst to its environmental practice, saying she’ll work closely with the firm’s state lobbyists. She worked with the Environmental Protection Agency before joining Oklahoma City-based Tronox, a chemical company.

Trey Trainor is leaving Rep. Phil King’s staff after almost ten years with the Weatherford Republican and with the Secretary of State. He plans to practice law and do some lobbying. Caleb Troxclair will take over as clerk of the House Committee on Regulated Industries, which King chairs.

Spencer Chambers is the new government relations manager at the Port of Houston Authority. He’s been an aide to U.S. Sen. John Cornyn and to state Rep. Tony Goolsby, R-Dallas.

Larry Gonzales, last seen working for Rep. John Otto, R-Dayton, and in the Pink Building for 16 years before that, has moved to the Texas State University System. He’s the number two to Patricia Hayes, the vice chancellor for governmental relations and educational policy.

Gov. Perry appointed:

• Nine members to the Rio Grande Regional Water Authority Board, including Joe Barrerra III, general manager of the Brownsville Irrigation District; Dario Guerra Jr., an Edinburg rancher; Wayne Halbert of San Benito, GM of Harlingen Irrigation District and Adams Gardens Irrigation District; Sonny Hinojosa or Edinburg, GM of Hidalgo County Irrigation District No. 2; Sonia Kaninger of Harlingen, with Cameron County Irrigation District No. 2; Brian Macmanus of Harlingen, director of water and wastewater at the East Rio Hondo Water Supply Corp.; Samuel Sparks, owner and operator of SRS Farms in Harlingen; Jimmie Steidinger, a Donna rancher and farmer; and Frank “JoJo” White of Progreso lakes, GM of Irrigation District No. 9 in Hidalgo and Cameron Counties.

• Michael Bray, an El Paso real estate agent, as presiding officer of the Manufactured Housing Board.

• Dr. Ahmed Osama Gaber, director of transplantation for Methodist Hospital Physician Organization of Houston, as presiding officer of the Chronic Kidney Disease Task Force. His 12-member panel will make recommendations on disease treatments.

Busted: Rep. Mike Krusee, R-Round Rock, for driving under the influence after a DPS trooper saw his car weaving on the highway late on a weekday night. He spent the rest of the night in jail.

Democrat Joe Moody, who started the general election season promising to limit his campaign contributions to $2,300, won’t keep that promise.

He says in a press release that it was a challenge to Republican Dee Margo, that Margo turned down the challenge to limit incoming contributions, and that Moody won’t obey the limits, either.

The proposal threatened to unilaterally disarm the Democrat against a Republican who raised hundreds of thousands of dollars in an expensive primary against Rep. Pat Haggerty, R-El Paso. The decision to back out re-arms Moody, but opened him to an easy shot from the Republican. "This is the first time I've ever heard of a candidate seeking public trust going back on his word six months before an election," Margo said in a press release of his own.

Jaime Gonzalez Jr., a Texas member of the Democratic National Committee and a superdelegate, pledged to vote for Hillary Clinton at the party convention in Denver.He's a McAllen attorney and has been on the DNC since 2000. Keeping track of all this? There's a great thing on the Internet to help you in your tallies, right here.