Residents of the Lone Star State aren't happy about the way things are going, with 70 percent saying the country's on the wrong track and 78 percent saying the country is worse off economically than it was a year ago.

A new Texas Lyceum Poll finds them in a little better humor about their personal economic situations, and more optimistic about their kids' economic chances.

And their concerns have changed. In a Lyceum poll a year ago, Iraq and The War were at the top of their list. Now it's the economy.

The economy is the most important issue facing the country, with 33 percent putting that at the top of the list. Next came gas and oil, 20 percent; Iraq and The War, 14 percent; then leadership, politics and gridlock, 6 percent; security, 4 percent; and immigration, 4 percent.

A year ago, Iraq and The War led, at 39 percent, followed by immigration, 10 percent; the economy and employment, 6 percent; politics, leadership and government, 6 percent; and lack of values and morals, 4 percent.

The economy is the most important issue facing the country, with 33 percent putting that at the top of the list. Next came gas and oil, 20 percent; Iraq and The War, 14 percent; then leadership, politics and gridlock, 6 percent; security, 4 percent; and immigration, 4 percent.

A year ago, Iraq and The War led, at 39 percent, followed by immigration, 10 percent; the economy and employment, 6 percent; politics, leadership and government, 6 percent; and lack of values and morals, 4 percent.

The Texas Lyceum, which sponsored the poll, is a non-partisan leadership group that started a three-year polling effort last summer, keying some questions to conferences put on by the group (church and state last year, transportation this year) and including some to track changes in public opinion over time.

The group polled 1,000 Texans, by telephone, from June 12-20. The margin of error on the poll is +/- 3.1 percent. They're releasing the poll over three days, and this is the transportation bit. The details are available on the Texas Lyceum's website, as are the results of their 2007 poll.

Disclosure Being Good for the Soul: Our editor helped kick around the questions that were asked in the poll and wrote the Lyceum's poll summaries to explain all of those numbers that resulted. Now you know.

Poll: Texas Tightens Up

The Texas Lyceum Poll has the difference between the presidential candidates in single digits, and the race for U.S. Senate in a dead heat.

Republican John McCain led Democrat Barack Obama by 5 points in the poll, with 43 percent to Obama's 38 percent. Independent Ralph Nader and Libertarian Bob Barr barely registered, getting one percent each.

The poll has Republican U.S. Sen. John Cornyn just two points ahead of Democrat Rick Noriega. That's the closest the two have been in a poll this year (an earlier survey by Rasmussen Reports had a four-point margin; a later poll by that same outfit put it at 17 points).

Undecided voters were numerous in both races: 17 percent haven't made up their minds in the presidential contest, and 24 percent didn't name a favorite in the Senate contest.

The results might be attributable to the proportions of Republicans and Democrats among those surveyed. When the pollsters cut the pool of adult Texans down to likely voters, the groups were about equal in size. Conventional wisdom — based on recent elections — is that Republicans start with a seven- or eight-point advantage in Texas Elections. But even if you spot McCain and Cornyn that difference, the numbers here are tighter than in some other recent surveys.

"About an equal percentage of Republicans and Democrats qualified as 'likely voters.' This outcome suggests unusually high enthusiasm among Democrats, as Republicans typically have a party identification edge over the Democrats on Election Day," said Daron Shaw, the pollster and a University of Texas prof. "The Democrats need to maintain this greater intensity to be competitive in 2008."

"As we've seen throughout the 2008 campaign cycle, political polls are taking snapshots of a rapidly shifting electorate in an unstable economic and political environment," said Jim Henson, Director of the Texas Politics Project at the University of Texas, who assisted in the survey.

A spokesman for Cornyn, Kevin McLaughlin, said it's the first poll he's seen that didn't weight the results according to party preferences, and said he's not buying the result: "Believe this at your peril." In a pitch sent to potential donors within hours after the poll was released, the Noriega campaign boasted that they're "on Cornyn's heels" and that the incumbent is "vulnerable."

Rich Man, Poor Man

On the eve of a major fundraising deadline, a new poll says incumbent U.S. Sen. John Cornyn and Democrat Rick Noriega are tied, statistically, among likely Texas voters. But Cornyn is still far ahead in the money race.

Democrats hope a nationwide mood for "change" will enable Noriega to take down a vulnerable incumbent, although they're ceding the spending contest to Cornyn. Republicans are comfortable relying on superior firepower to achieve victory for Cornyn, who they say has proved himself to be in lockstep with the majority of Texans.

The challenger's task is two-fold: 1) Show voters that reelecting Cornyn isn't a good idea; then, 2) Prove he's a viable alternative, says Democratic strategist Kelly Fero, who worked for Mikal Watts, a San Antonio Democrat who dropped out of the race before the primaries, and for Ron Kirk, who opposed Cornyn in 2002.

Cornyn has already accomplished Step One for Noriega, says Fero. Surveys indicate "unstable terrain" beneath the incumbent's feet, he says (talking before the latest poll was unveiled).

A brand-new poll by the non-profit, non-partisan Texas Lyceum shows Cornyn just two points ahead of Noriega, 38 to 36 percent, well within the margin of error for the poll. A large portion of voters are undecided, 24 percent.

But Step Two requires money, and Noriega is far behind the incumbent.

In the Cornyn camp, consultant Todd Olsen says his guy's going to have plenty of resources to launch a devastating air campaign. At the rate he's going, Cornyn might eclipse the $9.8 million he raised during his 12-point victory over Kirk.

Last time he reported, in April, Cornyn had $8.7 million in the bank, enough to pay for five or six weeks of television. For now, Olsen says, they're working the ground game: Cornyn and campaign staffers have already knocked on more than 50,000 doors.

The Democrats didn't find much to celebrate in Noriega's last fundraising report, which showed the Houston state representative and Afghanistan veteran with only $329,293 at the end of March (Noriega's 2007 reports weren't so hot, either, as he was unable to capitalize on relaxed fundraising restrictions when facing the fabulously wealthy Watts).

Fero did an analysis for a potential candidate at the beginning of 2007, estimating a Democrat would need to spend $17 million to be competitive with Cornyn. However, because of the national mood, Noriega "can get it done with less money than that," he says. He tossed out the figure of between $10 and $12 million. He says there's a good chance Noriega will get monetary help from the national party if he's "within nine or 10 points" of Cornyn in September.

"He's not going to be the candidate with the most money, but he needs enough money to have a conversation with voters," Fero says.

Texas GOP spokesperson Hans Klingler says it will be "very tough" for an "underfunded" Democrat like Noriega to defeat Cornyn, though he says the presidential election presents "a lot of x-factors."

"The challenge exists for all Republicans in this very different, historical, dynamic setting," Klingler says.

Noriega's spokesperson, Tony Gray, says they're counting on Barack Obama's support in urban areas to help bring out the city folk in November. In the meantime, Noriega is stumping in less-populated and/or traditionally Republican areas like Far West and East Texas. For example, Noriega just concluded a tour through Odessa-Midland, Big Springs and Lubbock. Gray says Noriega will spend the Fourth of July in El Paso with Democratic legislators U.S. Rep. Silvestre Reyes and state Sen. Eliot Shapleigh.

While out west, Noriega also planned to track down the one person in Loving County who voted for him in the primary, Gray says. (Gene Kelly — not the dancer — won 15 of the 21 votes cast there.)

With limited funds, Noriega has been trying to get coverage from newspapers and broadcasters to attack Cornyn on things like veterans' benefits. "Rick's been pounding him left and right everyday. He's being aggressive in the press," Gray says.

The heightened enthusiasm among Democrats — the bloom of voting in the primaries is the evidence — will make up for the money gap that will exist between the candidates, Gray says.

Throw in rising energy prices and a worsening economy, and "the conditions are right for the perfect storm," says Gray. "Everybody's talking about kitchen table issues. Even the well-heeled are bitching about the price of gas."

Olsen disagrees, saying the current environment is ideal for a forward-looking incumbent like Cornyn.

"You can't go on the assumption that the climate is any less positive for Republicans who vote the way John Cornyn votes on issue after issue," he says.

And he ridiculed a suggestion by Noriega, as reported in Midland media outlets, that the U.S. obtain energy independence by obtaining more oil from Iraq. Gray says the comment was taken out of context, and Noriega was referring to promises made by the George W. Bush administration that money from Iraqi oil would pay for the invasion. (Judge for yourself in this YouTube video.)

Olsen says the campaign will use sophisticated micro-targeting to identify and turn out likely Cornyn voters, no matter where they live. They're using the Washington, D.C., firm Target Point, which worked along with Olsen's firm on Rudy Giuliani's presidential bid.

What it comes down to, says Olsen, is that Noriega is just plain wrong on the issues, and Cornyn is right.

"The most important thing is going to be who can address the rising cost of healthcare, because that is such a growing concern for people who vote," he says.

—by Patrick Brendel

A Financial Traffic Jam

Texans want relief from traffic congestion, but reject the two most common proposals to pay for it.

Higher gasoline taxes are out of the question. Asked in a new Texas Lyceum Poll how they feel about increasing gas taxes, 72 percent said they oppose the idea — including 60 percent who said they "strongly" oppose it. They made it clear they don't like toll roads, either: 66 percent oppose tolls on new roads, and 69 percent oppose adding tolls on existing roads.

But an overwhelming majority — 84 percent — said traffic congestion is either "very important" or "somewhat important" compared to other issues facing the state.

Some highlights from the poll:

• They're plainly thinking about the costs of driving and about the environment. Most (66 percent) said they would strongly consider buying a hybrid or fuel-efficient automobile. More than half (63 percent) said they would consider carpooling and a majority (53 percent) said they would consider taking public transportation to work or to school.

• Just over half (51 percent) said they would strongly consider not taking a vacation this year; almost as many said they wouldn't consider that option. Some are thinking about living closer to work or school: 37 percent said they'd consider an eventual move to shorten their commute, while 62 percent said they wouldn't.

• Texans are supportive of spending more money to fix and upgrade roads, to build new roads and highways, to build up rail and energy efficient mass transit.

• Most don't drive on toll roads, with 8 percent saying they ride regularly and another 29 percent saying they right occasionally.

• Texans are open to rail development, with 76 percent saying they'd support regional rail systems connecting adjacent cities like Dallas and Fort Worth or San Antonio and Austin.

• Texans drive a lot, and alone: Most — 68 percent — said they drive themselves to work. Another 8 percent ride with someone else; 3 percent walk or ride a bike to work or school; 2 percent use mass transit. Most — 74 percent — said they're in the car for less than an hour. Another 12 percent spent 90 minutes or more commuting every day; almost half of that group spends more than two hours on the commute. And one in twenty said they work at home, avoiding the commute altogether.

• By a wide margin, Texans prefer to have design of new roads and highways in state rather than in local control. Those planners will have to walk carefully, though: 51 percent of our respondents said they oppose the state using its power of eminent domain to secure right of way for new transportation projects.

Hang Up and Drive

We'll keep this one short, in case you're reading it on a Blackberry in traffic.

Although 44 percent admitted in the new Texas Lyceum Poll that they use their cell phones while driving, a substantial majority of Texans — 60 percent — would "strongly" or "somewhat" support a ban on cell phone use while driving. More than two in five would "strongly" support that ban. Just 23 percent strongly oppose such a ban, joined by 14 percent who would somewhat oppose such a prohibition.

Under the Mark

The state's new business tax has brought in $4.2 billion so far; that's less than the $5.9 billion it's supposed to bring in this year, but state tax collectors are hoping later payments will bring the total for the year closer to their estimates.

The new margins tax was due ten days ago and Comptroller Susan Combs says 133,000 payments have been received so far, from about 500,000 taxpayers who've filed returns. That number includes 46,000 extension filers — businesses that paid estimated taxes but haven't finalized their returns or their payment amounts. Those taxpayers have to settle up, variously, on August 15 and November 15.

"It is still too early to tell what the final franchise tax revenue number will be for this fiscal year, as the first year of a revised tax can be somewhat unpredictable without a previous roadmap," the comptroller's office said in a press release (a release that didn't quote either the comptroller or any staff member by name). "We expect more revenue to be collected in August and November as extension filers settle up their reports."

Right now, the comptroller has deposited about 71 percent of what she predicted the new tax would produce. The old tax generally produced 85 percent of its revenue in two weeks, but that was a different tax and the first year of this new tax was expected to bring the money in more slowly. Money that arrives in November will count toward next fiscal year — not this one.

Companies have to pay the new tax on the margins of their choice, either 1) gross receipts minus payroll, 2) gross receipts minus cost of goods sold, or 3) 70% of gross receipts. Retailers and wholesalers are taxed one-half percent on their margins; everybody else pays a full percent. And there are deductions (on a sliding scale) for businesses that have sales of less than $1 million annually. But there are a number of reasons they'd be paying less now than they might owe later, or in years to come. We detailed those previously in this story.

The old franchise tax — replaced by this new levy in a special legislative session two years ago — brought in $5.7 billion over two years in the 2006-07 budget cycle. This one is supposed to bring in $11.9 billion — that's the comptroller's official prediction — and lawmakers set aside more than half that amount ($6.1 billion) to cover revenues lost to school property tax reductions, which were also ordered in that special session.

Lt. Gov. David Dewhurst, a critic of the tax (but also the guy in charge of the Senate when it passed), said the Legislature's decision to put aside some money looks smart in light of the numbers from Combs. "The preliminary numbers released by the Comptroller's office today further support the decision in 2007 to set aside more than $7 billion to continue the record property tax cuts in case the state's economy slows or the business tax doesn't perform as well as some estimated," he said. And he said it's too early to talk about changes to the tax, since the numbers are still coming in.

The new tax is the state's second-largest source of tax revenue (behind the sales tax), accounting for 14.7 percent of tax income in the current budget.

Court: No Death Penalty for Child Rape

States cannot execute child rapists in cases where the child was not killed and where murder wasn't attempted, the U.S. Supreme Court ruled today.

Ruling in a Louisiana case that also affects Texas and seven other states that allow the death penalty in child rape cases, the court ruled 5-4 that capital punishment violates constitutional protections against cruel and unusual punishment.

Lt. Gov. David Dewhurst, who championed that legislation, immediately criticized the court's ruling. "I believe, and the vast majority of Texans agree, that the death penalty is an appropriate form of punishment for repeat child molesters." A spokesman for the attorney general's office called it a "setback for Texas' efforts to punish repeat child rapists."

Dewhurst said the Texas law had a fail-safe provision — put there in case the death penalty wasn't legal — that allows prosecutors seek life in prison without parole.

The Texas law applies to child rapists with previous convictions on sex charges.

And there's a copy of the opinion available on the Supreme Court's website.

Guns R Us

The second amendment to the U.S. Constitution protects individuals' rights to guns, and not just for militia use, the U.S. Supreme Court ruled today.

In a 5-4 ruling, the court struck down a Washington, D.C., ban on firearms. The justices also said that other restrictions already in the law — who can't have guns, where guns can't be carried, and so on — aren't jeopardized by this ruling.

The ruling doesn't have any apparent effect on Texas law — it doesn't overturn anything that's on the books now. But it's expected to open questions about gun laws all over the country and those questions will come in the form of other lawsuits testing various ideas and filling out the details of the high court's views on what the 2nd amendment means.

And the ruling inspired comment from just about everyone at the top of state government, though it shouldn't make much difference in political races this year. Had the court gone the other way, you'd have seen a race for remedies and some spats about who's pro-guns and who's not. In political terms, in Texas, it just preserves the status quo.

Here's a copy of the opinion.

Political Morsels

Rick Noriega, who's challenging U.S. Sen. John Cornyn, was winning an online contest to get help from California Sen. Barbara Boxer's PAC for a Change as our deadlines passed. (Interestingly, Noriega is not mentioned on the PAC's list of close Senate contests.) The Cornyn political office sent out emails razzing Noriega for "throwing in with the most extreme liberal Democrats in the Senate." But a couple of days later, Cornyn's government office sent out an email talking up a new bill requiring financial disclosures of mortgages by members of Congress — co-sponsored by Cornyn and Guess Who?

• Texas Republicans say Democratic joshing of U.S. Sen. John Cornyn has turned into "ethnic and racist assaults," because the Democrats (and the comedians on The Daily Show) are making fun of the senator for wearing a fringed leather jacket in a promotional video. It's a Tamaulipeca jacket, "designed in the Hispanic tradition" for the Charro Days festival in Brownsville. The state GOP is after the Democratic Senate Campaign Committee for an email from a staffer there who said Cornyn "appears to have raided the wardrobe closet for the Kilgore Rangerettes." Cornyn's speech at the state GOP convention was preceded by a "Big John" video. Judge for yourself (the jacket at issue is at the 2:12 mark).

• Chris Turner picked up an endorsement from the TexBlog PAC, and the bloggers running that say the endorsement comes with a $5,000 contribution. Turner, a Democrat, is running against Rep. Bill Zedler, R-Arlington, in HD-96.

• Carol Kent, the Democrat challenging Rep. Tony Goolsby, R-Dallas, picked up an endorsement from Annie's List. That same PAC backed Goolsby's previous challenger in a relatively close race two years ago.

• Wendy Davis' campaign released a poll showing her four points behind state Sen. Kim Brimer, R-Fort Worth, in the SD-10 race. The challenger says that puts her in striking range of the incumbent, and notes that only two in five voters know who Brimer is. Brimer's campaign said it shows he's ahead of the challenger.

• The Texas Department of Agriculture is getting into the retirement racket. They've put up a retirement website inviting snowbirds and others who've entered their leisure years to come to Texas. The agency has given 13 retirement communities a "Go Texan" certification.

Political People and Their Moves

Ted Delisi has officially split with Hillco Partners and is operating as Delisi Communications. Among other things, that gets him out of a firm that lobbies the Texas Department of Transportation, where his spousal unit, Deirdre Delisi, chairs the board. Also: Heather Vasek, who had been with the Texas Association for Home Care, left to join Delisi's firm. They'll do some politics, some PR and some lobbying.

Mary Miksa is retiring from the Texas Association of Business at the end of the year; she's been at TAB for 18 years and said in an email to friends that she's lived through more than 900 Monday morning staff meetings.

After nearly 20 years in the Texas House (with Reps. Jerry Yost, Gary Walker, and Mike Krusee), Laurie McAnally is moving to the Texas Department of Transportation. She'll be working for Bill Meadows, the Fort Worth insurance executive recently appointed to the Transportation Commission.

R.A. "Jake" Dyer of the Fort Worth Star-Telegram is the latest victim of shrinkage in the news business in Texas and elsewhere in the U.S. Dyer is one of 150 people being laid off by that paper and the only one in what will now be a two-reporter Austin Bureau.

Gov. Rick Perry appointed:

• George Deshotels of Matagorda and Robert Jones of Corpus Christi to the Texas Coastal Coordination Council. Deshotels is a Matagorda County Commissioner; Jones is pastor of the Messianic Fellowship Church and host of a morning radio show.

• Alfred Chavira of Jacksonville, Julie Dowell of Bullard, Thomas Gann of Lufkin, and David King of Nacogdoches to the Angelina and Neches River Authority Board. Chavira is a contractor, Dowell is a retired police officer, and the two of them are being reappointed. Gann is president of Gann Medford Real Estate and King is director of human resources for Foretravel.

• Nancy Porter of Sugar Land, John Steinmetz of Lubbock, and Mary Ward of Granbury to the Brazos River Authority Board. Porter is director of communications for Fort Bend ISD. Steinmetz is market president of Security Bank. And Ward is regional president of Southwest Securities FSB.

• Jerry Daniel, a Truscott rancher and real estate investor; Clay County Commissioner Wilson Scaling II of Henrietta; Clyde Siebman of Pottsboro, an attorney; and veterinarian, farmer and rancher Cliff Skiles Jr. of Hereford to the Red River Authority Board. Skiles is being reappointed; everyone else is new.

• Dr. Kirk Aquilla Calhoun of Tyler to the State Health Services Council. He's the president of the University of Texas Health Science Center at Tyler.

Sued: Former congressional candidate Gene Christensen, who lost to U.S. Rep. Ralph Hall in the GOP primary earlier this year. In the lawsuit, Texas Attorney General Greg Abbott accuses Christensen of using money from his nonprofit charity to fund his political race and the Green Light racing team, a NASCAR outfit. They'll go to court next month.

Deaths: State Rep. George "Buddy" West, who has been battling kidney failure for some time, died at Hospice House in Odessa. He was 71. The Republican lawmaker was elected to the Texas House in 1992. He told his colleagues a year ago that he probably wouldn't come back for another session, then changed his mind and ran for reelection. But he had attracted three opponents in the GOP primary, and one — Tryon Lewis — defeated him. The governor ordered state flags to be lowered to half-staff. Services will be in Odessa and he'll be buried on Sunday at the Texas State Cemetery in Austin.

Former Texas Supreme Court Justice James Baker, who'd been diagnosed last year with cancer. He was 77. Baker was an appellate judge on Dallas' 5th Court of Appeals for ten years before then Gov. George W. Bush appointed him to the high court, where he served from 1995 to 2002. He went back to Dallas and a job with the law firm where he was employed until now.

Quotes of the Week

Texas Public Safety Commissioner Allan Polunsky, on the fire that destroyed the Governor's Mansion: "This is likely not the finest hour for the department."

Frederick "Shad" Rowe, quoted in the Austin American-Statesman after Gov. Rick Perry had him removed from the Texas Pension Review Board: "I presumed I had built up enough credibility that I could 'tell it like it is' without worrying about politics. I believe underfunded public pensions and other expensive promises represent a fiscal time bomb. Those at risk — pensioners and taxpayers — deserve nothing less than total candor."

Steve Hildebrand, deputy campaign manager for Barack Obama, in Politico: "Texas is a great example where we might not be able to win the state, but we want to pay a lot of attention to it. It's one of the most important redistricting opportunities in the country."

U.S. House Speaker Nancy Pelosi, asked by Newsweek who ought to be on Obama's list for potential vice presidents: "Chet Edwards [D-Waco] is a person that many of us think would be a good person to have in the mix. We want the House in the mix, as well."

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Texas Weekly: Volume 25, Issue 26, 30 June 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.

Headlines of prominent newspapers frequently herald impending disasters: changing climate, disappearing water supplies, and skyrocketing food prices. Television and radio news anchors on every network are similarly anxious. It's clear — we humans are facing big challenges.

As a member of a six-generation Texas ranching family, a well-traveled nature photographer and a conservation advocate, I too am worried about the ecological state of our planet. But, as I listen to the experts analyze the looming crises, I am struck by one omission. In all the commentary, no one mentions the role open space land plays in addressing these growing concerns.

Perhaps I'm expecting too much, because not everyone has had the privilege of growing up on the land, learning through experience and observation about processes like the water cycle, soil regeneration and plant succession. Not everyone instinctively understands that well-managed, open space land plays a vital role in everything from flood control to carbon sequestration. Unfortunately, this lack of understanding of the societal benefits provided by open spaces hamstrings our collective efforts to make sound natural resource policy decisions. Sometimes, this lack of understanding causes us to undervalue the things that are most important, and skews our vision of what is truly the highest and best use for land. Today, the public, via the market, values open space based on a variety of criteria, including: location, comparables, access, condition, terms, production potential, investment potential, and development potential. While I'd never deny that these features are important, there is something very wrong here. As a society, we only value land to sell and to break up. We don't value land to keep.

Granted, it's easy to assess the value of houses in subdivisions. There are systems in place to calculate a property's worth. Houses are tangible. We understand how to put prices on roofs, walls, and driveways.

But it is infinitely harder to value land for its true societal value. How much is cleaner and more plentiful water worth? What dollar figure can be put on limiting coastal erosion? How valuable is wildlife habitat or nutrient cycling or soil stabilization? What's the price of educational, recreational, and aesthetic experiences?

To steal a tagline from MasterCard, the answer is: priceless. But, we land stewards know there is a big difference between priceless and free.

Throughout our nation, land stewards make a difference every day, using our own efforts and our own dollars while still paying our taxes. For generations, we've quietly gone about our work, doing good things for the environment and our fellow man, simply because we understood the significance of our actions.

Today, however, recognizing those merits is not enough. Land stewards cannot continue to bear the escalating economic and societal pressure to sell our land, one piece at a time. If our nation is going to overcome the challenges facing it and the rest of the world, we all must view our landscapes in a new way. Instead of looking at open space land as the potential home of subdivisions or malls, we must begin to see it as a wellspring of ecological processes that provide natural benefits essential to us all. And we must value it accordingly.

DAVID LANGFORD is the Vice President Emeritus of the Texas Wildlife Association, a non-profit organization dedicated to promoting and protecting private land stewardship.

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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.

An Austin judge says Bill Dingus is eligible to run against House Speaker Tom Craddick after all.The Republican Party of Texas sued in federal court to knock Dingus off the ballot, saying he didn't get off the Midland City Council in time to run for the HD-82 spot occupied by Craddick. That fell short, and the Texas Democratic Party sued him — as a friend, see — to make sure he'd be on the ballot. District Judge Margaret Cooper ruled he's eligible, and said along the way that a mention of the issue in a federal judge's opinion on another matter has no weight. "It's a victory for democracy in West Texas," Dingus said in a press release. "Now that the leaders of the Republican Party have failed to knock me off the ballot, we can focus on answering a fundamental question: Which candidate will bring change to the Texas House?" Craddick wasn't a party to the suit, but a spokeswoman, Alexis DeLee, said, "The Speaker expected to have an opponent and he looks forward to campaigning this fall." The Republican Party apparently won't push it from here. "No amount of litigious contortions is going to change the fact that Bill Dingus had to sue his own party, use a Travis County District Court and a visiting judge to get him on the ballot in House District 82," said Hans Klingler, a spokesman. "The voters of this district are much too smart and conservative to tolerate this legal chicanery. The bottom line is Republican Speaker Tom Craddick will have an opponent in November and he will beat that opponent handily rendering this episode and Bill Dingus moot."

This week, bloggers are reacting to opinions from the guys and gals in black robes. They're also talking about the U.S. Senate contest, the presidential race and statehouse stuff. And politics, politics, politics.

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Decisions, Decisions

The U.S. Supreme court ruled against Washington, D.C.'s handgun ban and in favor of the Second Amendment. Tex Parte Blog sums up the high court's arguments and wonders what all the fuss is about. Here's analysis by BurkaBlog, who thinks the decision will affect the presidential race.

TexasSparkle breathes a sigh of relief: "Too close for me. A victory for gun rights, but a 5-4 ruling?" In the Pink Texas says, "Thank God. I was so sick of carrying around my taser." And Rhetoric & Rhythm is glad the decision averted what could have been "a huge, ugly issue" during the fall campaign season.

Panhandle Truth Squad doesn't like guns much, but says the Supremes got it right. Here it comes: Someone's already challenging Chicago's gun control laws, says Burka. And here are statements from two (potential?) 2010 gubernatorial candidates, U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry, via Walker Report.

Half-Empty notes that both Congressional District 22 candidates (incumbent Democrat Nick Lampson and Republican challenger Pete Olson) agree with the court's decision.

Meanwhile, the Supreme Court ruled against executing child rapists, weakening Texas' so-called "Jessica's Law." Here, analysis from Postcards from the Lege, the Austin American-Statesman's blog and thoughts from StandDown Texas Project. And state Rep. Aaron Peña, D-Edinburg, critiques the argument in his A Capitol Blog.

Grits for Breakfast gives Texas legislators credit for anticipating this adverse ruling and writing an escape hatch into state law (Burnt Orange Report has a list of them). Looks like Louisianans had the same idea, opting for the next best thing in lieu of execution, according to PoliTex, the Fort Worth Star-Telegram's blog.

Half-Empty has background, the Attorney General's statement and some of his own thoughts, too, while Walker has reaction from Perry and Capitol Annex has a statement from bill author state Rep. Debbie Riddle, R-Tomball.

In other news, the Texas Supreme Court says that exorcisms are protected by the Constitution. Right Up Front agrees with the state justices. Annex does not: "[O]ne of the worst opinions ever issued by the Texas Supreme Court... [I]f you are injured by a church, you are screwed."

Erstwhile, Texas Observer Blog shines the spotlight on what might be a good ol' fashioned, shady West Texas land deal involving state House candidate Isaac Castro, a Republican challenging incumbent Joe Heflin, D-Crosbyton. Observer also notes that the U.S. Supreme Court denied challenges to Homeland Security chief Michael Chertoff's use of "all encompassing powers" involving the border fence.

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The race is on

A new Texas Lyceum poll shows Rick Noriega behind Sen. John Cornyn by a mere two points. (Disclosure: The boss here at Texas Weekly helped formulate the poll questions and wrote the summaries explaining the numbers.)

Burnt Orange is ecstatic. So is Annex. And Texas Politics, the Houston Chronicle's blog, advises taking the poll with "rock salt." Burka thinks the poll's probably pretty good.

Meanwhile, Panhandle's Perspective chooses to instead pimp the latest Rasmussen Poll showing Cornyn ahead of Noriega 48 to 35 percent. And Right up Front says Noriega's got as good of a chance as a sno-cone in the south Texas sun.

In other news, Noriega bested Minnesota's Al Franken in an online poll to win the support of Barbara Boxer's PAC for Change, says Burnt Orange.

And remember "Big Bad John?" Well, here's the remix by Noriega's camp. Half-Empty says that Boxer disseminated Noriega's video in the e-mail announcing that Noriega had won the online poll. Here's the text of the e-mail via Half-Empty, but without mention of the video. Burnt Orange heard a rumor (an untrue rumor, as it turned out) that Cornyn staffer David Beckwith got axed over the video. The Texas Medical Association dropped its endorsement of Cornyn for a Medicare vote the docs didn't like, says Postcards. "If Noriega can stay close in the polls and post some good fundraising numbers, the TMA won't be the last group to ditch Big John," says Burnt Orange. (Hutchison, who voted with Cornyn, isn't on the ballot this year and thus faced no immediate endorsement issues.)

Cornyn is already taking more notice of Noriega than Hutchison ever did of Democrat Barbara Radnofsky in 2006, says Eye on Williamson. And Burka says the Democratic House of Representatives screwed Noriega over by supporting Cornyn's GI Bill, while McBlogger makes a list of bad moves by the Cornyn camp.

* * * * *

Top of the ticket

Brains and Eggs says the Obama campaign's plan to put 15 staffers in Texas is "well, something at least." Half-Empty's outlook is cheerier. "Such talk is music to Texas Democrats' ears," says Houtopia.

Eye on Williamson thinks the Texas GOP may have lost its stranglehold on the state.

Greg's Opinion is that Obama could "do a lot worse" for a running mate than U.S. Rep. Chet Edwards, D-Waco. "Now, I like Chet Edwards, but he is George Bush's congressman in more ways than one," says McBlogger. And Annex thinks Edwards would be better than Dan Quayle. Meanwhile, Burka says former state comptroller John Sharp wouldn't win a gig as Obama's energy secretary, judging by a recent op-ed.

There's still time to vote for the official anti-Obama bumper sticker of the state GOP, says Vaqueros & Wonkeros, the El Paso Times's blog.

* * * * *

House Work

Last week brand-new pollsters Texas Poll Watch shook up the blogosphere a bit with some robo-polling on state House races, specifically the contest between Democratic state Rep. Juan Garcia, D-Corpus Christi, and Republican Todd Hunter. Burka is the first to defend the poll: "Clearly, the Democrats think Garcia is going to win this race. I think they’re wrong."

State Rep. Peña remembers Buddy West, R-Odessa, who died this week. The Capitol Crowd says West was nice to his staff, an unusually useful measure of character. Meanwhile, Burnt Orange gives an update on Democratic state Rep. Mark Strama's Campaign Academy in Austin.

TexBlog PAC, a coalition of progressive bloggers, is endorsing Democrat Chris Turner in his race against state Rep. Bill Zedler, R-Arlington. Annex touts numbers from the March primary.

This week, Annex ran a multi-parter on "the most endangered Republican in the Texas House that you don't know." We'll save you the suspense: It's state Rep. John Davis, R-Houston. (The first two posts are here and here.) (editor's note: This was also the rumor in the Republican primary, which Davis won handily. We're not saying he's safe — we're just saying.)

Vaqueros keeps everyone updated on the El Paso state House race. (Democratic candidate Joe Moody finally has a website that's not on the Facebook.com server, saysVaqueros.)

Someone with a shotgun blasted out the office window of HD-92 Democratic candidate Kalandra Wheeler, reports Burnt Orange. And a grand jury advised state House members to cut out the "ghost voting," says Tex Parte.

* * * * *

Ex post facto

Some words on the new state business tax from state Sen. Dan Patrick, R-Houston, via Burka, and state Rep. Ken Paxton, R-Frisco, via The Travis Monitor. Here's an update on a continuing claim against 2006 Democratic gubernatorial candidate Chris Bell, courtesy of Tex Parte.

Mansion fire just one of many missteps by top Texas Republicans, says Austin Political Report. The Texas GOP is officially opposed to usury, says the county seat. Here's an interview with CD-32 candidate Eric Roberson, from Burnt Orange and a Sunset Commission meeting photoblog, from KVUE's Political Junkie.

Trooper Keeton's running as a write-in candidate against U.S. Rep. Lamar Smith, R-San Antonio, according to Burnt Orange. (Keeton is cousin to Carole Keeton Strayhorn.)

How fast can you name all 50 states? via Mike Falick's Blog. State Senate candidate Austin Furse is standing in front of the wrong Capitol on his website, says Texas Politics.

Mean rachel spent the day with CD-10 candidate Larry Joe Doherty, while yeah, right, whatever hung out at a fundraiser for Texas Railroad Commissioner Michael Williams.

Texas GOP chair Tina Benkiser's intro music at the state convention was the theme to Battlestar Galactica, says Blue Dot Blues, who also gives notice that Austin is hosting a conservative-leaning new media summit on July 18 and 19. That corresponds roughly to the dates of the liberal Netroots confab, also in Austin.

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This edition of Out There was compiled and written by Patrick Brendel, who hails from Victoria has drifted north to Austin. 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.

Two of the big dogs in Republican money circles — John Nau and Bob Perry, both of Houston — have switched candidates in the SD-17 race. They'll both be supporting former state District Judge Joan Huffman in that special election in November.

Both Nau, a beer distributor, and Perry, a homebuilder, had initially supported Austin Furse III. Furse also has the support of Sen. Kyle Janek, R-Houston, whose mid-term resignation from the Senate opened the seat. A spokesman for Perry said the builder thinks Huffman "will be a very strong candidate and a very good senator." He didn't say what led to Perry's change of heart.

Finance reports from the candidates aren't due until mid-month, though the reporting period ended June 30. Huffman has said she put a "substantial amount" of her own money into her campaign coffers; it's not clear how much Nau and Perry gave to either or both of the two candidates.

Rumors that Texans for Lawsuit Reform have endorsed Huffman aren't true, according to a spokeswoman, who says the group hasn't yet named a favorite in this race.

Candidates have to file by August 29 and the special election will happen on the same day as the general election, November 4. But the field is open to candidates from both parties and unlike the general election, will require a runoff if nobody gets more than 50 percent of the vote.

In addition to Huffman and Furse, Republican Grant Harpold has said he'll be in the race. On the Democratic side, former congressmen and Houston City Council Member Chris Bell is "leaning toward running," but hasn't declared or filed.

Bell's presence is one of the arguing points being used by Huffman's supporters, who contend she's more likely to beat him than any of the other Republicans, including Furse. Another Republican who thought about jumping in — former Rep. Brad Wright — decided not to make the race and is backing Huffman. And some Republicans have accused Janek and his consultant, Allen Blakemore, of trying to anoint the senator's successor, arguing that Furse ought to be rejected on those grounds alone.

One other Democrat's name surfaced in rumors about the seat, but attorney Jim Sharp, who's running for a spot on the 1st Court of Appeals in Houston, says he inquired about the partisan numbers in the district because it overlaps with his own — not because he wants to run for Senate.

The American Medical Association is starting an ad campaign in Texas and five other states to pressure senators who voted not to stop a Medicare rate cut. They say the ads and other efforts are aimed at turning the vote around during the July 4 recess.

That follows last week's news that the political action committee attached to the Texas Medical Association detached itself from U.S. Sen. John Cornyn, withdrawing its political support after he voted against that doctor-favored bill.

The ads (you can see one version at this link) say "a group of senators voted to protect the powerful insurance companies at the expense of Medicare patients' access to doctors" and urges viewers to call their senator.

Cornyn — along with U.S. Sen. Kay Bailey Hutchison, the state's senior senator and a prospective gubernatorial candidate — voted against a Democrat-backed bill that would have blocked a cut in payments to doctors with Medicare patients. The bill failed by a single vote.

Such a cut would ripple through the medical economy, since many insurance companies take their cues for rates from the federal government and would presumably follow a cut in government reimbursements with one of their own. Aides to Democrat Rick Noriega — Cornyn's challenger in this year's elections — said Cornyn's vote was good for insurance companies but bad for Texans.

Republicans characterized the legislation as a partisan ploy designed to pit them between doctors and constituents who want to get a leash on federal spending. "There is no good reason for Medicare beneficiaries and their physicians to endure this uncertainty, hardship and inconvenience," Cornyn said after the vote. "But that is apparently what the majority party wanted, for their own political ambitions."

The 10.6 percent rate cut — initially set for July 1 — was delayed 10 days to give everybody time to sort things out. In a press release, Hutchison echoed Cornyn, saying she's not against the docs: "Physicians have no greater supporter in Congress than me, and I remain fully committed to passing a fix that protects seniors' access to health care and Medicare reimbursements to doctors."

TEXPAC — the name of the TMA's political committee — pulled its month-old endorsement of Cornyn, but didn't endorse the Democrat. Their three-paragraph letter to Cornyn, signed by Dr. Manuel Acosta, the PAC chairman, was blunt: "There is talk and then there is action. We expect our elected officials to show leadership and do the right thing. Absent that, TEXPAC has rescinded our endorsement of your candidacy."

TMA is an important and influential lobby group, but less effective as a political force, especially at the statewide level. Gov. Rick Perry won his 2002 election against Tony Sanchez Jr. with TEXPAC on the Democrat's side, for instance. And the political action committee's decision to support one candidate or another doesn't bind individual doctors; that can dilute the power of the endorsement.

Republican State Rep. Tony Goolsby has held onto his District 102 seat for 19 years. His opponent, Carol Kent, wants to pry his fingers off of it.

The Democrats need five seats to take the House back from the GOP. This northern Dallas County district is one they think they can win, and one they probably have to win to take control of the House. Republicans, with a couple of scary elections in the district behind them, think they can hold the seat.

Winning ten election cycles means Goolsby is a household name up there. Kent is, too: She's been a Richardson ISD trustee since 2004 and is also the director of the Baylor University Women's Network. This is her first partisan campaign, but she's well connected politically.

The Democrats say the district's demographics are changing — more minority votes should help them. And there's the familiar argument that Democrats will have a better turnout in November, that Texas Republicans may not be as thrilled about their presidential candidate. Four months out, Kent's supporters are banking on those assumptions, plus they're confident education is heavy on the minds of voters and that her school board experience is an advantage.

From the Republicans: Goolsby and his people are holding onto the raw numbers — HD-102 is still a Republican district. The Republicans aren't convinced that demographics will play to Kent's advantage. They didn't two and four years ago, when Democrats made the same arguments on behalf of a different challenger. Plus, the theory that McCain isn't rallying much Texas support may not hold in Dallas County, where Republican voters learned from their low turnout in the last election. Only three Republican seats in the Texas House have more Democratic voters in them, but Goolsby's last two fights against strong challenges have strengthened his political base.

"He's [Goolsby] not on the offense yet, but he's not sitting back and taking her for granted," says Lena Webb, president of the North Dallas Texas Democratic Women and also Kent's treasurer.

Goolsby says he has to campaign even harder than his opponent — not the usual attitude of an incumbent.

"I just work as hard as I can no matter who my opponent is," says Goolsby. "I consider any opponent scary and difficult. People make fun when we say how important the individual vote is, but we see people who get beat by one or two votes."

In the last two cycles, Goolsby's opponent crept up on him. In 2004, Goolsby only beat Miller by 2,576 votes. In 2006, when voter turnout was at 25,000 in HD-102, he only won by 1,553 votes. Miller was better funded the second time around..

"We're definitely building on Harriet's momentum," says Kent.

It's hard to keep up with Goolsby in the financial arena — he's got about $420,000 in campaign cash at the moment. Goolsby is hooked up with big business — some of his big donors include Texas Friends of Time Warner and the Texas Auto Dealers Association. Kent didn't register and start fundraising until Jan. 2 of this year. But, she says her campaign has exceeded their initial goal already, bringing in just over $160,000 as of June 30 (official reports are due with the Texas Ethics Commission in mid-July).

Democrats think Kent has a lot to her advantage personally, aside from the overall increase in Democratic enthusiasm.

"You have an outstanding candidate with an extraordinary record who's very rooted in the community," says Ed Martin, consultant and former chairman of the Texas Democratic Party. "More and more growth in the minority population in that district and the potential for Democrats to really turnout votes."

Martin adds that Kent's school board experience will resonate in the minds of voters, who he says have seen Republican leadership, "push local schools to the brink. You have districts running deficits everywhere."

The down-ballot issue should really help Kent in this district, which is growing in middle-class African American families, he says.

"Tony Goolsby was worried enough even two years ago to make spurious claims against his opponent," Martin says, in reference to a libel suit brought by Miller against Goolsby and former Dallas County Republican Chairman Kenn George. "He obviously sees he's in trouble."

The lawsuit likely won't be resolved until after the election, and Goolsby's keeping his lips zipped about it for now. He, George and a few other Republicans filed a voter fraud complaint on Miller and she's calling it libel. Martin brought it up, but Kent won't, saying voters are tired of "the usual mud slinging."

The meager GOP voter turnout in 2006, and Goolsby's near loss in 2004, will hyper-motivate Republicans in Dallas this year, according to GOP Chairman Jonathan Neerman.

"We can't take any race for granted," he says. "When you stay home, you're giving your vote to the Democrats, and we saw that firsthand. That's motivated our voters... they've been waiting two years to get back on their feet and vote."

Neerman isn't convinced of a significant shift in the demographics of the district, either. "It's hard to tell if it's really a shift, or just people that were already here coming out to vote now," he says.

Goolsby, however, is convinced. When his kids attended Richardson ISD, he says, it was about 10 percent minority and now it's about 60 percent. Still, consultant Marc DelSignore with Austin-based Baselice & Associates says HD-102 is still a Republican district and will likely stay that way in this race.

"Even with all the caveats, this is still a district that should elect Republicans," DelSignore says. "A lot can change in four months, the presidential process is still unfolding, but I'm more concerned with historical vote trends than what's going on the ground today."

— by Karie Meltzer

State Rep. Hubert Vo let out a long sigh when asked whether rough publicity over the condition of his East Houston rental properties will damage his chances for re-election in November.

The Houston Democrat has been at the center of stories this year in the Houston Chronicle detailing run-down conditions at apartments he owns across town from his southwest Houston district. Missing balcony railings, rats and exposed electrical wires were among the items a long list of the problems.

"I hope that my constituents will look at the work I have done in the Legislature and the work I have done in the district, and I hope I have the support," he said. "In terms of whether it will hurt my campaign, I don't know."

But his sigh is telling. He knows it could be a huge issue as he battles to keep his seat from Republican challenger Greg Meyers.

Vo's consultant, Kelly Fero, said he thinks voters will forgive the Vietnamese immigrant-turned-millionaire who's earned a reputation as someone who helps the downtrodden. Vo immediately fixed everything the city said was problematic after the stories ran, and then made additional repairs on his own, Fero said.

"People get, well, here's a guy who did the right thing when he was asked to," Fero said. "In the community that supports him in that district, I think they viewed that for what it was — this is a man who did the honorable thing."

But Meyers said the apartment problems speak volumes about Vo. "He's made the issue," Meyers said. "And by him continuing to profess that he's for public safety and quality of life, I think it's somewhat hypocritical."

Republicans think the district is ready to move back into their column. Appropriations Chairman Talmadge Heflin lost to Vo in 2004 by just 33 votes and then by a larger margin in 2006. But Heflin is the only Republican who's lost any race in that district in the last four years, said Matt Welch, who is Meyers' consultant.

"We thought Greg could do it even before this whole apartment thing," Welch said. "We were confident of that even before this gift from the Chronicle that keeps on giving arrived on our doorstep."

You'll hear from Meyers about education. He's a Houston ISD trustee and has two kids in school there. He wants to improve dropout rates, and he said he likes giving families choices about where to send their kids, the way the Houston district does with magnet schools.

He said he's for "creative solutions to educational challenges." He won't go near the word "voucher." And he won't say whether he supports using taxpayer dollars to pay for tuition at private schools.

"Right now, I'm looking at both sides of the fence," Meyers said. "It's not a silver bullet, vouchers, but I'm open to looking at all kinds of solutions."

Meyers said he'll talk about problems he sees with Vo's leadership. He doesn't think Vo has done enough to curb crime in the district, he said.

Meyers, who owns a dental-products business, has taken money from Texans for Lawsuit Reform and said he wants to make sure recent limits on damages and other reforms stay intact. His consultant, Welch, is the former director of the TLR PAC.

Vo will talk about his goal to find ways to lower homeowners' insurance rates. He also wants to tweak the rules of the new business tax so more small businesses would be exempt, he said.

Like his opponent, Vo has an education to-do list. He wants to make it easier to transfer credits among colleges and universities, improve dropout rates and beef up job-training programs.

"We need to retain jobs here, and we need to compete with other countries," Vo said. "And we need to have programs where people who are not college-bound can find job training."

Both candidates have planned summers of grassroots campaigning. Meyers has personally visited 3,500 homes since February and his consultant said he's raised roughly $50,000 so far, including many small-value donations.

Vo said he's had campaigners block-walking and he'll join them later in the campaign. His people were still tallying gifts from a fundraiser on Monday, but expect to report that he's raised somewhere around $70,000 in all.

Heflin, the former lawmaker, said the race will be won by the man who can excite his respective base. "It's one of the top ones for being, I think, ripe for returning to the 'R' category," Heflin said.

Fero agrees. But he doesn't think Meyers and John McCain are going to excite people to get out and vote. Any negative publicity form the apartment snafu could be offset by a bump from Barack Obama, and from Vo's good reputation among Asian-Americans, as well as other communities in the district, Fero said.

"I know that it's very easy for us smart people to sit around in Austin and say, 'Oh my God, he's toast,' and 'How can you overcome these headlines with this apartment thing?'" Fero said. "But those people in the district are very loyal to him."

Welch said Meyers already has support of many in the Asian-American community. He's working to capture voters who want Obama but not Vo.

"I'm not saying we're going get a lot of traditional Democratic support," Welch said. " There's going to be a lot of split-ticket voters and we're hoping to get in there and get to them."

— by Elizabeth Pierson Hernandez

High gas prices cost the state money, but pump a huge windfall into the treasury, too.

Record high gas prices force government agencies to cope with rising costs of transportation, utilities and other necessary expenditures. But revenue from royalties and taxes has greatly increased, too. The result is a mixture of concern, "green" creativity, and a huge wad of new cash in the state's pocket.

Rising oil and gas royalties have provided a huge boost to state revenue. Oil royalties have grown by 60 percent and raised $33.8 million more than in the previous fiscal year, while gas royalties have gone up 30 percent, with a revenue increase of $36 million. That's $69.8 million extra that the state has received this fiscal year.

Even greater is the amount of revenue the state has received from oil production and natural gas taxes. The Comptroller predicted in 2007 that oil production taxes would raise about $1.6 billion for the biennium, but that was based on oil at the (now) bargain price of $58 a barrel. So far this fiscal year (through May), the tax has brought in $961 million, and if it stays at its current rate, it could bring in $2.56 billion for the biennium — $963 million more than was projected.

The natural gas tax has produced a hefty $1.78 billion over the past nine months, a 29 percent increase over the same time period in 2007. The tax, if it remains at its same rate, could bring in $4.76 billion for the biennium.

If prices hold, the state budget could gain an unexpected $2.17 billion bonus during this two-year budget cycle.

But this isn't all about billion-dollar gains. The state spends a fair amount buying gas as well, and government agencies have been "feeling the crunch" as the costs of transportation, utilities, mileage and other energy expenditures have been steadily increasing.

TxDOT, which operates quite a few vehicles, has seen average regular fuel costs increase to $3.80 from $2.29 in the past year, while its average diesel costs have gone to $4.18 from $2.36. TxDOT seems more concerned about the growing cost of materials like petroleum-based asphalt and concrete, whose prices have risen 60 percent in the past two years.

"We have been adjusting our budget as more has been eaten up by transportation project costs," said Mark Cross of TxDOT.

To deal with the construction supply costs that are devouring their budget, TxDOT has been conducting meetings and employee trainings by teleconference, in an effort to reduce the high cost of transportation and mileage.

Compared to costs in 2004, fuel expenses for Texas Parks and Wildlife's Fuel nine divisions (which include Wildlife and game warden departments) have increased by 68.2 percent, while natural gas costs have risen 47.7 percent.

"We've had to look very carefully at creative ways to costs," Texas Parks and Wildlife's Tom Harvey said.

In an effort to "creatively" manage growing expenditures, TDPW has created a "Green Team," which sends email recommendations to employees about recycling and conserving energy. Last week, TDPW announced plans to create an Energy Conservation Strategy.

However, Harvey acknowledges that high energy costs are not really affecting the agency’s performance.

"To my knowledge, escalating costs are a serious concern, but they haven't undermined our basic mission,” Harvey said. "I am nervous about continuing to ignore rising fuel costs."

The Texas Department of Public Safety is also feeling the heat of rising fuel costs. The bulk of its energy expenses are spent on fueling patrol cars and Tela Mange of the DPS acknowledges that despite rising fuel costs, plenty of citizens are "still speeding."

The DPS received $7.18 million for fuel for the fiscal year, but by the end of this April had already spent $8.5 million. To cover rising fuel costs, the DPS has been compensating by not filling its employee vacancies.

"We just wish people would slow down," Mange said.

— by Hannah Lewis

State Sen. Kim Brimer is suing to knock his Democratic challenger, Wendy Davis, off the ballot.A group of firefighters tried the same challenge earlier this year — saying Davis didn't resign from the Fort Worth City Council in time to qualify for a Senate race. They were tossed out when judges said they didn't have proper legal standing to sue. Now Brimer is suing in state district court in Tarrant County, making essentially the same charges the firefighters made — that Davis isn't eligible to challenge him. A copy of his lawsuit is available in our Files section. In it, he names Davis and the chairs of the Tarrant and Texas Democratic Parties, respectively. Davis' campaign dismissed the Independence Eve filing as a political ploy by an incumbent trying to get out of a tough race. "This is the same baseless claim that has been tried numerous times in numerous forums," said Matt Latham, Davis' campaign manager, in an email. "The truth is that Kim Brimer does not want to have to face the voters at all. He is willing to try every politician's trick in the book, several times over, to avoid answering to the voters for his failed record of leadership. This desperate attempt to distract the voters from the real issues at stake is as transparent as it is wrong."

Carey Cockerell, commissioner of the Department of Family and Protective Services, is retiring this year. He was director of juvenile services in Tarrant County until taking the DFPS job three years ago, after scandals in child and adult protective services led to legislative attention, budget increases, and rebuilding efforts there. But the agency's latest misadventure shadows his resignation: DFPS is the agency that removed 400 children from a religious compound in West Texas earlier this year, an action the state's courts ruled was unlawful. Agency officials say his resignation and the raid aren't related. Cockerell leaves at the end of August.

Mary Katherine Stout is Gov. Rick Perry's new director of budget, planning and policy, sort of replacing Mike Morrissey, who'll now be a senior advisor to the governor. He'll still be in the mix on the budget, we're told. Stout comes to the job through the Texas Public Policy Foundation, a conservative think tank based in Austin.

Rep. Fred Hill, R-Richardson, isn't seeking reelection. So he's giving up his spot on the Legislative Budget Board to open a spot for someone who's at least got the possibility of coming back for another session. The newbie? Rep. Dan Branch, R-Dallas. House Speaker Tom Craddick wanted another Dallas-area lawmaker in Hill's place.

Jennifer Ahrens has joined the Texas Association of Life and Health Insurers as Executive Director, replacing Mike Pollard, who'll stick around as "senior advisor" until the end of next summer (after the coming legislative session). Ahrens was most recently at the Texas Department of Insurance, but previously worked for Gov. Rick Perry, and as a Senate staffer before that.

Jay Dyer jumps from the Secretary of State, where he was general counsel, to the Texas Attorney General's office, where he'll be special assistant and special counsel to AG Greg Abbott.

Mike Berger, director of the Wildlife Division at the Texas Parks & Wildlife Department, is retiring after 40 years at that agency. He ran that division for the last five years, and plans to leave in August.