Names, Trivia, and Money

The ballots are more or less complete, pending court actions and dirty tricks and all the usual stuff. And the annual courtship between the vampires and the blood banks — candidates and financiers — is well underway.

So we made some lists.

We merged the Democratic, Republican and Libertarian ballots and have those available online. There's a ranking of the 100 biggest campaign cash balances and the complete, 2,400 line list of everybody with a campaign account available here for download, if you're into heavy research. (All of that stuff is available in the Files section of our website.) But first, some statistics, starting with Congress, then the state Senate and then the state House:

• Only three congressional incumbents face primary opposition, and those three also have contested races ahead in November... Six members of the delegation have third-party candidates and nothing else on the fight card this year... 22 members of the delegation — 11 from each party — have major party opponents in November... U.S. Rep. Louie Gohmert, R-Tyler, is the only member of the delegation who got a free ride this year.

• Three state senators have primary opponents and only one of those — Judith Zaffirini, D-Laredo — also has major party opposition in November... Six senators have third party opposition in November and nothing else ahead... Five senators have major party opposition in November but nothing until then. Two will be done with competition once their primaries are over (whether they win or lose)... Only one state senator — Eddie Lucio Jr., D-Brownsville — got a free ride.

• 23 members of the Texas House (7 Republicans, 16 Democrats) don't have any opponents all year and another 38 (26 Republican, 12 Democrat) face only third-party opposition before the next legislative session... Eight House races will be decided in March, with the winner there sailing through November... A dozen members face opposition in March and in November... There are 29 primaries on the House ballots (17 Republicans, 13 Democrats, with primaries on both sides in El Paso's HD-78)... And 52 members of the House (24 Republicans, 28 Democrats) won't face an opponent until November.

The County Line

Tom Annunziato claimed residence in Parker County when he filed libel and defamation lawsuits against eye doctors in Florida, Georgia, and New York two years ago. He claimed to live in Tarrant County when he filed to run for the Legislature last month.

But he never moved.

And in all of those documents, the same street address is used; only the city and county change.

The Fort Worth optometrist says his lawyer made the mistake in the court filings — an error that had the effect of moving the venue of those cases from Tarrant County, where he lives, to Parker County, where his lawyer lives and practices.

Annunziato's lawyer is Rep. Phil King, R-Weatherford.

In his application for a spot on the GOP ballot in this year's elections, Annunziato signed an application saying he's been a Texas resident for 35 years, a Tarrant County resident for 15 years, and a resident of House District 99 for eight years. 

That's undisputed. Even his opponent in HD-99 — Rep. Charlie Geren, R-Fort Worth — says Annunziato lives in the district.

Geren said he won't challenge Annunziato's residency on the basis of the court papers. "I wouldn't attempt to challenge that — I know he lives in Tarrant County and I know he lives in Fort Worth," Geren said. "But I'm very disappointed that he would lie to a district court."

In the three lawsuits he filed two years ago against the ophthalmologists, Annunziato's lawyer, King, listed Parker County as his residential address in his pleadings. And in a standard boilerplate, the pleading said "Venue in Parker County is proper in this cause under the mandatory venue provision for libel and slander actions... as the Plaintiff resides in Parker County."

Annunziato said he lives in Fort Worth and in Tarrant County, though he adds that the mail for his neighborhood goes through the post office in Aledo on the other side of the county line. In fact, the Tarrant Appraisal District lists the property as a Fort Worth address, but has an Aledo mailing address for the taxpayer. They don't list it anywhere as a Parker County property. The Parker County Appraisal District lists two unimproved properties owned, in part, by Annunziato, but both are in Weatherford.

Annunziato has a business address in Weatherford, but filed the suit as an individual. Had he listed a Tarrant County address, the case wouldn't have gone to lawyer King's home court in Weatherford, but to one of several courts in Fort Worth instead.

Annunziato was suing the eye doctors for their comments about an advertisement that showed him wearing surgical scrubs. Optometrists don't go to medical school, aren't doctors, and can't operate on people. He says he wasn't suing them for being ophthalmologists taunting an optometrist, but because of the personal nature of the attacks and the phrases they used. "I would have sued these guys if they were auto mechanics," he says.

He sued Dr. Mark Anthony Johnson of Venice, Florida, for $75,000 in November 2005. Johnson started a string of comments on the website with a withering post about Annunziato's garb titled, "were all the cowboy costumes taken?"

Annunziato sued Dr. David Gerstenfeld of Staten Island, New York, for $75,000 for responding to Johnson's comments on a website by writing, "Amen, brother!" And he sued Dr. Richard Schulze Jr. of Savannah, Georgia, for his responses to the post. As with the other two lawsuits, Annunziato sought $75,000 in damages.

All three cases were settled in 2006 and dismissed. King and Annunziato said all three defendants agreed to pay attorney fees and to write letters of apology.

Did it matter where the cases landed? Two of the defense lawyers in the cases — Dan Barrett of Fort Worth and Carlos Balido of Dallas — didn't return calls (and yes, that's the same Dan Barrett elected last month to finish Anna Mowery's term in the Texas House). Stephen Marsh of Richardson, who represented Schulze, contested the jurisdiction of the case, but not the venue, before settling. He didn't think the interstate claim belonged in a Texas court. He didn't know about the venue problem, but when told of it, he said the Weatherford court that took the case was fair.

"In my case, it didn't matter," he said. "The judge was pretty straight."

Geren wasn't as nice about it. "Sounds to me like Phil was trying to get it to his home county," he said. "They both know [Annunziato's home] is in Tarrant County."

King is also Annunziato's business lawyer and in earlier lawsuits noted his client's business addresses in Fort Worth and in Weatherford, and also that he "resides in Fort Worth, Tarrant County, Texas." King initially didn't remember why the case was filed in Parker County, but said a staff lawyer who drafted the cases for him was confused about the Aledo mailing address for Annunziato and other residents of his neighborhood.

"I certainly wanted to keep the business in Parker County," he said. "I prefer to do that because it's a mile to the courthouse instead of 25 miles."

After doing some checking, King said he had the option of filing in either county.

"The suit could have gone to Tarrant County, where Tom actually resides, or in Weatherford, where the harm occurred," he said.

Venue in libel cases has to be set in either the county where the plaintiff resided or the county where the defendant resided. Since none of the defendants lived in Texas, that would be Tarrant County.

But King said the comments that set off the lawsuits were brought to Annunziato's attention by a Weatherford ophthalmologist. "You can file where you live or where the harm occurred," King said.

And, he added, it didn't come up at the time. "There was never an objection," he said.

Firefighters Hosed

Wendy Davis can stay on the ballot against Sen. Kim Brimer, after a Fort Worth appeals court threw out a case filed by three firefighters.

The three firefighters sued to take Davis, a Democrat and former Fort Worth city councilwoman, off the ballot, saying she signed up to run for the new job before she was off the council.

But after a short hearing (the Fort Worth Star-Telegram has the blow-by-blow here), the three-judge panel from the state's 2nd Court of Appeals said the three didn't have standing to sue, and tossed out the case without reaching the issue of her eligibility.

Rob Gibson, a spokesman for the firefighters, said they're still deciding whether to appeal the case to the Texas Supreme Court, and said the case has now been rejected twice without any decision on its merits.

"The issue of her [Davis'] eligibility is still out there," he said. "The courts have dismissed this twice on technicalities... my guys are worried that they'll get to November without an eligible candidate. That's what they're trying to avoid."

The group originally filed the case with the Texas Supreme Court, which rejected the case and said it should be filed instead with the lower appellate court. That court's the one that ruled against the firefighters, a ruling that could be appealed back to the Supremes.

The firefighters filed the suit as individuals who live in the Senate District, but they have ties to Brimer. The Fort Worth-based Eppstein Group helped the firefighters pass a ballot initiative in November. That firm is also the political consultant to the incumbent Davis wants to challenge.

Going Postal

The mail's flying out there in Election Land, and not just the stuff with the pretty pictures and the red, white, and blue color schemes.

• Take this letter from Rep. Trey Martinez Fischer, D-San Antonio, to his colleagues in the House Democratic Caucus. He's taking up for a couple of Democratic incumbents being challenged in the primaries, and at the lobbyists helping them.

A sample: "Short and sweet — any lobbyist who targets Juan Escobar, Juan Garcia or any member of our Democratic Caucus is targeting me and every one of you. Like you, I find it more than coincidental that one lobbying firm has taken such an open and hostile position against the Democratic Caucus."

He doesn't name the lobby firm. And he didn't mention a number of Democratic incumbents who are being challenged for backing Republican House Speaker Tom Craddick. Some of their opponents were drafted by other members of the HDC. Fischer ends with a pitch for donations for Escobar, who's being challenged in the Democratic primary by Tara Rios Ybarra of South Padre Island.

Garcia has a tough race ahead in November, but no opposition in March.

• Or this one from Sen. Dan Patrick, R-Houston, who's trying to knock off one of the Republican House members whose district overlaps his own. Patrick's backing Allen Fletcher, the challenger to Rep. Corbin Van Arsdale, R-Tomball, and laid out his case in a five-page letter mailed into that House district. Van Arsdale says he'll have a response going to voters in the next few days.

Meanwhile, those two are tussling over a radio ad. Patrick's a radio host at KSEV in Houston and Van Arsdale is running spots on that station. They feature people saying they're supporters of Patrick... and Van Arsdale.

• An email got us going on this one. Tom Glass of Houston sent a note to "Firearms Freedom Friends" saying he'll be holding a funder for Randy Dunning, who's running for an open House seat in Northeast Dallas County.

Guests at that shindig will include Sen. Dan Patrick, R-Houston, and Harris County Tax Assessor-Collector Paul Bettencourt, among others. Patrick, Bettencourt, and Dallas lawyer Tom Pauken (who headed Gov. Rick Perry's unsuccessful push to limit property tax growth) are backing Dunning because of who he's not. He's not Fred Hill, and he's not Fred Hill's candidate in the race.

Hill is the outgoing state representative and the leader of the successful fight against the property tax limits. His argument then and now was that the caps on local revenue would limit cities and counties that were simultaneously forced to cover the costs of state mandates. And there's the argument that state officials were trying to do to local officials what they haven't been able to do to themselves in limiting spending growth. Anyhow, Hill's for Jim Shepherd, a former member of both the Richardson city council and the Richardson ISD board.

Campaign Notes

State Rep. Ismael "Kino" Flores, D-Palmview, reported two $10,000 loans — made in December, two weeks apart — in his most recent campaign finance filings. What's unusual is that they weren't loans to the campaign. They were loans from the campaign, but they don't list the borrower, which could have been anyone from the candidate his own self to Spongebob Squarepants. Flores didn't return our calls seeking explanation.

• Candidates who get an endorsement from the Texas Medical Association and the Texas Academy of Family Physicians get an Internet commercial in the bargain. That trade group has endorsed five incumbents so far, and posted commercials for them on its website. Each has a local doctor opening and closing the spot, with the middle of the donut filled with pictures and a narrative of legislation backed by the candidate that was good for the medical community. The first five: Sen. Judith Zaffirini, D-Laredo; and Reps. Betty Brown, R-Terrell; Dawnna Dukes, D-Austin; Charlie Geren, R-Fort Worth; and Vicki Truitt, R-Keller.

Tom Annunziato owes it all to his fellow optometrists, at least in terms of campaign finance. The Fort Worth optometrist's first campaign finance report says he raised $178,265 during the second half of 2007. The biggest contributor, as we've reported previously, was the Texas Optometric PAC, which gave him $75,000 and also did $2,955 in mailings on his behalf. But individuals in his business were just as active. If you crack open his report and total the contributions from people who list their occupation as optometrists, you'll find another $77,700. Throw out the people in the eye business, and he raised only $22,610.

• It won't affect this year's elections in Texas (except, perhaps, as an issue), but the debate over picture identification of voters is in full swing. Interim committees are holding hearings, and interest groups and legislators are staging press events. The topper: the Democratic Lone Star Project financed a mini-documentary on Sen. Mario Gallegos, D-Houston, who blocked Voter ID legislation last session while he was recovering from liver transplant surgery. The video's on their website.

• Former U.S. Sen. Fred Thompson's exit frees his Texas supporters, a group that includes Land Commissioner Jerry Patterson, Railroad Commissioner Victor Carrillo and Attorney General Greg Abbott. Abbott and Patterson were the campaign's Texas co-chairs. Patterson says he hasn't decided who he'll back now that his favorite's out. He's got reservations about Rudy Giuliani — Patterson's against restrictions on guns and Giuliani, as mayor of New York, was for them — and he hasn't decided on the others. He thinks Mike Huckabee is "too glib," and has problems with the fact that Mitt Romney "keeps changing positions... and has five sons and never has had one in the Armed Services." John McCain, he disagrees with sometimes, but he calls the senator from Arizona a "straight shooter." Abbott hasn't returned calls on the subject. Carrillo was on the road when we tried him.

• Land Commissioner Jerry Patterson is backing Rep. Pat Haggerty, R-El Paso, for reelection. Haggerty has a primary opponent and a couple of Democrats are in a primary to battle the winner in November. Patterson says Haggerty backed him in his own statewide races, that he likes him, and that he's returning the favor. The land commissioner appeared at an El Paso fundraiser on Haggerty's behalf this week. And Patterson notes, for the record, that his preference has "nothing to do with all that speaker race stuff."

Eddie Saenz, the Democratic challenger to Rep. Aaron Peña, D-Edinburg, drew a bummer of a court date. He's been ordered to appear on a September DWI stop next week, in the middle of the primary campaign. The opposition has posted his court documents online.

• Texas Labor made its endorsements in statewide elections at the AFL-CIO's COPE convention in Austin. Their all-Democratic list: Rick Noriega for U.S. Senate; no endorsement for Texas Railroad Commission; Jim Jordan for chief justice of the Texas Supreme Court; Sam Houston for the Place 7 spot there, and a dual endorsement for Susan Criss and Linda Yañez in Place 8. Labor endorsed two candidates for the three races on the Texas Court of Criminal Appeals: Susan Strawn and J.R. Molina.

• Rep. Robert Talton, R-Pasadena, won an endorsement for his congressional race from Gary Gillen, the former head of the Fort Bend GOP and a guy with a large email list. Talton's one of ten Republicans vying for a shot at U.S. Rep. Nick Lampson, D-Stafford.

• Texans for Lawsuit Reform endorsed Rep. Jerry Madden, R-Richardson, in his reelection bid. He's got a primary opponent, and the winner will face a Libertarian in November.

Carol Alvarado, one of the Democrats seeking to replace Rick Noriega in the Texas House, is getting help at a funder next week from Tilman Fertitta, former Houston Rocket Clyde Drexler, and Houston Mayor Bill White.

Dennis Kucinich won't be on the Democratic primary ballot in Texas. The U.S. Supreme Court refused to hear his case against the state party's "loyalty oath." Kucinich refused to swear he'd vote for the Party's nominee in November, a condition the Texas Democratic Party puts on its presidential candidates. It's a symbolic thing, since nobody — including candidates for president — has to share their actual ballot to prove how they voted. But Kucinich refused on principle. The party then turned him away and a federal judge in Austin ruled that the Democrats were within their rights. The Ohio congressman appealed all the way up to the Supremes, but they refused, without comment, to hear his complaint.

Lost Highways

Transportation officials got some 'splaining to do in the coming month, say legislators concerned about the Texas Department of Transportation's postponement of more than 50 construction projects throughout the state.

Simply put, TxDOT can't build new projects because the agency is flat broke, according to House Transportation Chair Mike Krusee, R-Round Rock, who says anyone who's been paying attention to the agency should already understand that.

Senate Transportation Chair John Carona, R-Dallas, puts the blame on the board that runs TxDOT. "It's really easy to direct the woes between the Legislature and transportation to TxDOT, when in reality the finger has to be pointed at the [Texas Transportation] Commission. It's the very definition of a rogue effort," he says. "We just can't blindly put money any longer into TxDOT and expect that the good things and the right things will happen."

According to information from TxDOT, 54 projects in 28 counties — ranging from construction of curbs and gutters to the building of Interstate interchanges — won't begin until at least the end of August. Estimated costs range from $346,000 for landscaping along IH-20 in Harris County to $181 million for a tollway interchange with IH-30 in Dallas. The total tab is $1.16 billion.

"If we are able to identify other funds later in the year, if gas tax revenues take off or there is some other influx of money available, we may try to bring some of these projects back on the books," says Christopher Lippincott, a TxDOT spokesman. "But there's no promise of that. So communities are being asked to brace themselves for this to be the list."

Carona calls the decision to delay the projects "part of a political agenda that is very ill-timed, and we intend, beginning on Feb. 5, to get to the bottom of it."

You might be watching presidential results on that Super Tuesday, but the transportation-minded will be bird-dogging TxDOT and its governing board. First thing that morning, the Senate Committee on Transportation and Homeland Security will convene for its regular quarterly meeting. They'll be joined an hour later by the Senate Finance Committee for a joint session. And that afternoon, the Legislative Study Committee on Private Participation in Toll Projects meets for the first time.

The senators want to hear why TxDOT and TTC are freezing the projects. "It's not as simple as, 'Is TxDOT running out of money?' But that's one of the big questions that comes up," says committee director Stephen Polunsky.

In the afternoon, the Legislative Study Committee authorized by Senate Bill 792 (the toll road moratorium bill) will hold its first meeting with the idea of producing a report by the next legislative session.

The study committee comprises: Sens. Carona, Robert Nichols, R-Jacksonville, and Tommy Williams, R-The Woodlands; Representatives Larry Phillips, R-Sherman, Aaron Peña, D-Edinburg, and Wayne Smith, R-Baytown; and public appointees John Johnson of Houston (like Sen. Nichols, a former TTC commissioner), Robert Poole of Florida (the Reason Foundation's director of transportation studies) and Grady Smith of Duncanville (secretary of the Dallas Regional Mobility Coalition).

Setting the stage for those hearings are a pair of federal transportation reports and a TTC commissioners' meeting taking place in Victoria next week (the first since the death of TTC Chair Ric Williamson).

The first federal report, from the National Surface Transportation Policy and Revenue Study Commission, spurred criticism by Gov. Rick Perry and others for its recommendations to raise gas taxes and give the feds more control of transportation infrastructure planning.

A second federal report — a preliminary one — is also coming within a week, this one from the National Surface Transportation Infrastructure Financing Commission, says Krusee, who's a member of the commission.

Krusee says the first report dealt with how to fix existing problems with and meet future demands of the nation's transportation infrastructure. His commission is charged with figuring out how to pay for it.

The first report "was widely declared DOA," says Krusee, due to its proposal for gasoline tax hikes. "No legislature is going to vote for that."

The second won't push for higher gas taxes, he says, but will include a proposal to tax automobiles according to mileage. (This is called Vehicle-Miles-Traveled, or VMT.)

Providing backdrop for the Feb. 5 meetings is an ongoing inquiry into TxDOT by the Sunset Advisory Commission. The Lege doesn't meet until next year, of course, but new Sunset member Sen. Glenn Hegar, R-Katy, says the commission should have some types of recommendations about TxDOT soon — "by, say, April."

Hegar's main concern entering into the Sunset study is that if TxDOT is as broke as it claims to be, why didn't it come out during a legislative session in which transportation was a major topic?

"I don't see how we could be broke today in this form or fashion," Hegar says. "In several years, I see a long-term potential problem. I don't see how all of a sudden these decisions [to delay projects] need to be made today."

"TxDOT has done a pretty god job convincing everyone that, 'The sky is falling, and you better do what we say,'" says state Rep. Joe Pickett, D-El Paso, a frequent critic of the agency. "But it's just not working... It's just not working."

Pickett says that TxDOT has brought in about $500 to 600 million above its estimated budget for each of the past five or six years, and he won't buy into TxDOT's postulations of penury until they show him where the money went, all $3 billion of it.

One of Pickett's assertions is that TxDOT might be engaging in accounting sleights of hand, by shifting money for construction projects into the more-loosely-audited maintenance account.

"The timing of the decision to go from construction to maintenance is very suspect," concurs Carona. "I think that knowing what I know today, I would agree with that characterization."

But Carona doesn't wholly agree with Pickett's assertion that TxDOT has "money coming out of their ears." On that point, Carona's in line with Hegar.

"I do believe that fundamentally we have a shortage of funding. Fundamentally, it's the job of the Legislature to fix that," Carona says. "What is happening in the [TTC] is so many of its policies have been politically driven, with an agenda toward the privatization of roadways. And they use every opportunity to speak out on the shortage of funds, and, on occasion, they create those opportunities."

He says committee members "are not going to browbeat" TxDOT officials and TTC commissioners at next month's meeting, but they will ask them to explain some things. To wit: "One. Why they have the cash-flow problems that they do. Two. Why they chose at this particular time to move funds from road construction to maintenance. Three. We'll ask specifically for the steps needed from the Legislature to correct the problem."

"What is not an acceptable answer will be any recommendation for further public-private partnerships," Carona says.

A few things everyone (except Pickett) agrees upon is that TxDOT's financial troubles stem from multiple causes, including high rates of inflation, lower-than-expected receipts from the federal government and diversion of highway money (in Fund 6) to non-highway-related projects.

About $1.5 billion in highway money will be spent on other priorities during the 2008-09 biennium, says Lippincott, estimating TxDOT's annual budget will run a little more than $8 billion per year.

Add SB 792 to the list of reasons for TxDOT's fiscal woes, says Krusee, because the law takes away the agency's ability to obtain private financing, which it was banking on in order to build new roads.

"They absolutely are running out of money, and I hope the Sunset will serve to better educate the members," he says.

"They [state lawmakers] decided to take a pause, and so this is the consequences," Krusee says.

Pickett is skeptical: "There needs to be a complete wholesale cleaning. Normally, Sunset would be the time for that. I don't see it happening."

—by Patrick Brendel

Money Looking for a Game

Some say a change in state law allowing racetrack owners to have interest in three, not just two, tracks is no more than a tiny glimmer of hope for the gaming industry.

But with primaries not far off, even that "quiet" legislation — brought to the fore by the Houston Chronicle — could mean the gaming interests will start pushing further.

A lobbyist in the middle of it says "things are developing" and moving forward with the elections in mind, but it doesn't seem like anything new. Those in the horse and dog-racing world still want to bring VLT's (video lottery terminals) to the tracks. Those in the gaming world still want to open casinos all over the state, despite their failures in the last session.

Andrew Wheat at Texans for Public Justice thinks any talk of gambling expansion is hype. "Two years ago they all announced they were going to shoot the moon and make gambling happen, and they spent a lot of money... but I don't know if this is going to be anything more than we've seen in the past."

But there's a rich PAC — Texans for Economic Development — attracting attention with its $1 million-plus treasury.

The funders include the Texas Horseman's Partnership, led by Tommy Azopardi, which gave $150,000. Muy Buena Suerte Ltd. out of McAllen gave a total of $96,909.56. Maxxam PAC, run by Charles Hurwitz, contributed $150,000. The LaMantia family, which the Houston Chronicle notes may be "poised to leap into the racing business," gave a total of $200,000. (It sounds like they're mid-leap). Gulf Greyhound Partners, Ltd. gave $100,000. Dallas-based Atlangroup LLC gave $150,000. Tilman Fertitta, CEO of Landry's, gave $100,000.

Paul Cowen, chief-of-staff for Sen. Eddie Lucio, D-Brownsville, calls expanding gaming in Texas "like the guy who cried wolf, they just know it doesn't happen. You get their hopes up and they get nothing."

— by Karie Meltzer

Medina and Wife Un-Indicted

At the request of Harris County prosecutors, a Houston court dropped the indictments against Texas Supreme Court Justice David Medina and his wife and later, the charges were nullified when a judge found the grand jury had been improperly held over and didn't, as a matter of law, have the power to indict a ham sandwich, much less a Supreme Court justice.

The indictments were handed up by a Harris County grand jury after prosecutors took it to them. But Harris County District Attorney Chuck Rosenthal and his staff decided they didn't have enough evidence to indict, and went to court to get the charges dropped.

The lawyer for Mrs. Medina, Terry Yates, filed suit against two grand jury members who went public with their disgust over Rosenthal's decision. Yates wanted them held in contempt for talking to reporters about a case that's still open. The jurors told the Houston Chronicle and the Quorum Report that they'll consider re-indicting the Medinas over the objections of the DA's office. But when the judge said the grand jury wasn't in office, Yates had no grounds to sue.

The charges stem from a fire at the Medina's home in Spring last summer that investigators suspect was intentionally started. The grand jury accused Francisca Medina of arson and Justice Medina of tampering with evidence.

Political People and Their Moves

Rene Lara, who left the Texas Federation of Teachers for a gig in Minnesota, is returning. He'll be the new legislative and political director for the Texas AFL-CIO. He'll start in June. That job's been open since Walter Hinojosa retired in 2006.

Terry Franks is leaving Sen. Dan Patrick, D-Houston, and joining House Speaker Tom Craddick. He's been working on the Senate side of the building for 13 years, so this could involve some retraining. Franks will be on Craddick's policy staff.

Craddick appointed Salem Abraham and Rep. Diane Patrick, R-Arlington, to the Select Committee on Public School Accountability. Abraham is president and owner of a futures trading company in Canadian and is president of the Canadian ISD school board.

Lt. Gov. David Dewhurst appointed Dallas banker Ron Steinhart and Sens. Florence Shapiro, R-Plano, and Tommy Williams, R-The Woodlands, to that panel. Steinhart is on the board of Raise Your Hand Texas, as is one of Gov. Rick Perry's appointees, Larry Kellner.

The two legislative leaders have five more appointments to make before that committee can get started.

Gov. Perry made several appointments, naming:

Kent Conine of Dallas as presiding officer of the Texas Department of Housing and Community Affairs and adding two members to that board. Leslie Bingham-Escareno is CEO of Valley Baptist Medical Center-Brownsville, and Tomas Cardenas is president and CEO of ECM International in El Paso.

Gerald Byron Alley of Arlington to the Texas Public Finance Authority. He's the president of Con-Real L.P.

Arlene Marshall of Marshall, Frank Pagel of Tivoli, and Jim Powers of Dripping Springs to the Guadalupe-Blanco River Authority Board. Marshall is a former Calhoun County Judge and is president of that county's economic development corporation. Pagel, who's being reappointed, is a farmer. And Powers is a consultant for Stellargy Services and did two terms as Hays County Judge.

Deaths: Former Texas Republican Party Chairman Chester Upham of Mineral Wells, and oil and gas businessman who helped build the modern GOP in the state. He was 82... Neal Miller Jr., bomber pilot, Golden Gloves champ, and longtime lobbyist for Chevron, from congestive heart failure. He was 82.

Quotes of the Week

Robert Ryan, foreman of the grand jury that indicted Texas Supreme Court Justice David Medina and his wife, telling the Houston Chronicle what he thought of prosecutors' plans to drop the case (the indictments were later nullified by a district judge): "This is ludicrous. This is not right. This is a miscarriage of justice. If this was David Medina, comma, truck driver, comma, Baytown, Texas, he would have been indicted three months ago."

Luci Davidson, one of Harris County DA Chuck Rosenthal's division chiefs, quoted in the Houston Chronicle on the effect his troubles have had on the office: "It's awful. You never know when you wake up and turn on the news what they're going to be saying about us, globally. We're all clumped together on being unethical and racist and liars. It's very depressing, and it's hard to stay focused."

John Moriarty, inspector general for the Texas prison system, quoted in the Austin American-Statesman on plans to let inmates make phone calls that are monitored by authorities: "It's going to be a big job. It'll be like keeping track of all the calls in a city the size of Waco."

Rick Perry spokesman Robert Black, talking about a state senator in an email made public and written about in the Fort Worth Star-Telegram: "Truth can be mean."


Texas Weekly: Volume 25, Issue 4, 28 January 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.

 

The Week in the Rearview Mirror

Bloggers posted in post-postmodern fashion this week, turning their attention to the intersection of reality and that series of tubes called the Internet. They're also investigating legal problems facing judges and attorneys, commenting on presidential campaigning in Texas and showing off pictures of stuff. Capping it off is some miscellany.

* * * * *

You've Got Mail

Check out e-mails from Gov. Rick Perry's office at this link via KVUE's Political Junkie, who's been chronicling the saga since the beginning. The latest installment of "The Purge," found here, has our ears burning (and so does this Burnt Orange Report post). Others snooping through the messages include Texas Observer Blog and Fort Worth Star Telegram's blog PoliTex. And Political Junkie profiles another "freedom-fightin' computer geek..."

In the Pink Texas pimps her new column and a new blog about national politics at TexasMonthly.com. Meanwhile the Texas Monthly online and print editions laud Off the Kuff's Charles Kuffner as one of the "35 People Who Will Shape Our Future." (The list also includes Texas Youth Commission Ombudsman Will Harrell, via Grits for Breakfast, as well as, inexplicably, rapper Chamillionaire, for some reason...)

Break a rule, that's a paddlin'. Burnt Orange lays down the laws for the privilege of posting at the site here, here, here, here, here and here. And Austinist puts out a casting call.

Over at Annex, State Sen. Kirk Watson, D-Austin, hops on the virtual bandwagon with this guest blog blasting state leaders and high court judges. And one of the Professors-R-Squared put his mouth where his fingertips are by offering expert testimony at the House Elections Committee meeting on photo voter ID and fraud. Annex wonders if this is a first for bloggerkind.

The downlow on those who read Grits, from Grits. And Right of Texas has brand new digs. Meanwhile, Mike Falick's Blog features a trio of online time burglars dealing with printers, comic strips and historical images. In other news, Doctors will be spreading viruses this year that will stuff e-mail inboxes with endorsements of five incumbent state legislators, says Trail Blazers, the Dallas Morning News's blog.

* * * * *

Bar Tending

There's an e-mail floating around in Harris County urging "defense attorneys to boycott pleading out any cases on Thursday, January 31st to protest the sexist and racist administration of [District Attorney] Chuck Rosenthal," according to the writer of Life at the Harris County Criminal Justice Center, who suggests that clients might want to be consulted first.

Here's a pithy, informative post from Defending People: The Art and Science of Criminal Defense Trial Lawyering: "Apparently the difference in Chuck Rosenthal's pension if he leaves now and if he leaves after completing his second term is something on the order of $90,000. A year." Also from Defending People, some more reasons why Rosenthal ain't going nowhere.

"[A] new kind of three shell game is going on" in the non-indictment of Supreme Court Justice David Medina and wife Francisca, says Half-Empty. Meanwhile, musings argues that Medina should be brought up before the Texas Ethics Commission for breaking campaign finance rules.

Sex offenders getting screwed (and someone ought to put a stop to it), reports The Defense Perspective, who also offers some scenarios in which the best move is to make your own client take a lie detector test. And Tex Parte Blog congratulates the winners of the State Bar of Texas's YouTube contest.

Capitol Annex has a look-see at Supreme Court candidate Linda Yañez's finance reports, noting that she spends about $2,200 per year "dining" at restaurants, hundreds for unspecified "travel expenses" and once dished out $162.36 at J.C. Penney's for "campaign materials."

* * * * *

A Chill in Hell

So you're saying there's a chance? Posts like these on the Texas presidential primary from Half-Empty and Houtopia remind us of a certain scene from Dumb and Dumber.

A dozen-or-so Houston Democrats traveled to South Carolina to help out presidential candidate Hillary Clinton, says Trail Blazers. It didn't work.

Mike Huckabee's a'comin' to Austin, says Postcards, while Perry's a'gone to Florida for Rudy Giuliani, says PoliTex. And Green Party candidate Cynthia McKinney will be a'dinin' in Fort Worth in February, reports PoliTex.

Dan Grant, who's facing Texas Justice's Larry Joe Doherty in CD-10's Democratic primary, did indeed advise 2004 Presidential nominee John Kerry on foreign policy matters, confirms the Statesman's blog Postcards from the Lege, which also has something on the contest in HD-148.

WWJPD stands for "What Will Jerry Patterson Do?" now that the Land Commissioner's presidential endorsee Fred Thompson has officially dropped his GOP presidential bid, reports Trail Blazers. (More from Postcards here.)

* * * * *

Imaging All the People

A photograph of a chupacabra taken by lobbyist Robert Floyd (*insert blood-sucking joke here*) made it into the pages of the Austin American-Statesman, says Capitol Crowd, who also profiles Alyssa Eacono, chief of staff for state Rep. Will Hartnett, R-Dallas.

Do public surveillance cameras reduce crime? Color Grits skeptical. Meanwhile, Burnt Orange has video of Noriega's "I've Had Enough Speech," while Observer has an item on the House Elections meeting on photo voter ID. And here's the trailer for an upcoming documentary on the T. Don Hutto Immigration Detention Facility, courtesy of Grits.

Meanwhile, Cd22watcher continues their coverage of the congressional race here, here, here, here and here. Two highlights are that GOP candidate Pete Olson is the outer of the fake photo of Dean Hrbacek ("Shame on Pete. This coming from a candidate that has been using a 9-year-old photo of himself...") and that Roll Call thinks Shelley Sekula-Gibbs will win the GOP primary. (That makes one.)

* * * * *

Dross and Datum Spree

Looks like House District 17 candidate Latreese Cooke, a Democrat, "has a long criminal record," says Burnt Orange. More on HD-17 here. And Kuff interviews HD-27 candidate Ron Reynolds.

The Young Conservatives of Texas are calling out HD-67 Republican John Cole for possible push polling, to Annex's surprise. Meanwhile, LaRhonda Torry's back on the Democratic primary ballot in HD-147. She's facing incumbent Garnet Coleman, says Kuff.

Tax cuts all around (for property owners), House Speaker Tom Craddick proposes to the Texas Association of Businesses, according to Texas Politics, the Houston Chronicle's blog. Any enemy of Craddick is a friend of many El Paso lawmakers, reports the El Paso Times's blog Vaqueros & Wonkeros. Maybe that's because of Craddick's opposition to the Texas Tech medical school in El Paso, ponders BurkaBlog.

The Texas Youth Commission is looking for a permanent executive director, reports Grits, who also offers a county-by-county analysis of racial disparities in incarceration rates of drug offenders.

The AFL-CIO isn't backing a soul in the race for Railroad Commissioner, says Texas Politics. Meanwhile, incumbent U.S. Senator John Cornyn is destroying Democrats in terms of fundraising, reports Trail Blazers, cautioning that it's a little early for Cornyn to be counting chickens, though.

San Antonio preacher John Hagee tells Florida pastors to instruct parishioners to stand up and be counted during church, in order to embarrass them into voting, says Trail Blazers. And a faith-based private prison is facing opposition in Fannin County, says Texas Prison Bid'ness.

Yes, Texas, there are nearly 580,000 gay people in the Lone Star State, including 50,000 gay couples, one-fifth of whom are raising children, say UCLA researchers, via The Texas Cloverleaf.


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

If November's the month for the special election to replace Sen. Kyle Janek, Texas House members will have to decide whether they want to give up their current jobs for a chance at his.

If the special election is in May, they get a freebie: Win, and they go to the Senate. Lose, and they keep their House seats.

Janek initially planned to leave office in early March, which would set up the May 10 special election. But the candidate he recruited turns out to live in another Senate district. And then some folks at home raised concerns about voter burnout if there are elections in March, runoffs in April, elections in May and more runoffs possible in June.

He then said he'd resign a little later, on June 2, pushing the special election to November.

Officials with the Secretary of State's office say that would bar House members who want Janek's seat from simultaneously running for reelection (the first two names in that hat are Reps. Scott Hochberg, D-Houston, and Charlie Howard, R-Sugar Land). They'd have until mid-August (the 22nd) to get off the ballot and their parties would have until the 29th to replace them for the November House elections.

Another twist: If they or any other House members drop off the ballot, and if they're the only ones on board, their parties would get to name replacements and so would the opposition. Howard, if he wins his primary, won't have a Democratic opponent in November. But if he wins and then decides to run for Senate, both the Republicans and the Democrats would have a chance to put someone in his House race.

The Senate's interim assignments are out.Lt. Gov. David Dewhurst released the 26-page list of pre-session assignments that can frame legislation on some of the big issues facing the state. Here's the list, in downloadable form. And so you have it, the list released by House Speaker Tom Craddick in three parts last year.

Part 1 is here. Part 2 is here. And Part 3 is here.

A day after Rudy Giuliani dropped out of hte race for the GOP presidential nomination, Gov. Rick Perry said he — like Giuliani — will support U.S. Sen. John McCain. Perry admitted he doesn't agree with McCain on some issues, but said his first priority is fighting the war on terror and that McCain is the best candidate for that job. "He and I may not agree on every issue," Perry said. "But we do agree that this country cannot flinch when it comes to the war against Islamic terrorists." Perry held his announcement for a day so he wouldn't step on Giuliani's endorsement on Wednesday. That lands him in the story with California Gov. Arnold Schwarzenegger, who's also endorsing the Arizona senator. Perry said his initial choice of Giuliani over McCain was a difficult one to make. He said he "truly enjoyed working with" the former New York City mayor. He said he's known McCain for some time and that "it was a pretty short step for me to get from where I was 90 days ago to where I am now." Perry took flak from some conservatives for endorsing Giuliani, whose positions on gun laws, abortion and other issues don't sit well with socially conservative Republicans. McCain, too, has been at odds with that part of the GOP. Asked about it, Perry repeated his line about terrorism as the top issue, and said the rest of those candidate positions don't represent any change in his own views. "I certainly haven't changed my conservative beliefs... I'm just as conservative as I was five years ago and as I will be in five years," he said. And he said he likes what McCain has been saying about trying to hold the line on federal spending if he's elected. What does he say to Republicans who are worried about McCain's politics? "Two words," Perry said. "Hillary Clinton." Asked what a Clinton presidency would mean, he added: "To hell in a handbasket would probably not be a good quote, but that's what comes to mind." He has no plans to campaign with McCain before Super Tuesday next week, but said the two will probably make a trip together to the Texas-Mexico border to talk about security and immigration. In a half-hour press conference in his office, Perry also said he thinks the presidential races will probably be all but over by the time Texans vote in March. "I suspect that on Wednesday morning [the day after Super Tuesday], there's not going to be much of a field left." He said Texas would have mattered more if disagreements over local officials and resign-to-run laws hadn't prevented the Legislature from moving the primary to Super Tuesday. Perry said the state's economy is healthy. There are economic clouds elsewhere, but he said Texas is growing twice as fast as the national economy and said "most governors would dearly love to have the Texas economy in their own states." He'll support a proposed federal economic stimulus package that sends money directly to taxpayers, but disagrees with proposals to send some or all of that money through state governments. "Flowing the money through state bureaucracies is not the most efficient way to do that," he said. He said his office deletes emails after a week, but keep the records that really matter. He warned against making the government "a repository of 'I gotcha' emails". And he said the Legislature isn't likely to change things: "I imagine you'll get that changed right after you get their records," he said. Perry backed away from enhanced drivers' licenses he earlier supported. It turns out that federal IDs are available that cover the same concerns without costing the state any money. An aide said later that his office was leaning toward the federal papers.

From the sidelines, a handful of state judges could shake up the elections for their colleagues on the field.

Judges on the state's two high courts are mired in bad news involving the death penalty, arson, tampering with evidence, and using campaign funds, illegally, for private travel. The jurists generating the headlines aren't on the ballot this year, but colleagues who are up for reelection could suffer just the same. Judicial races are down-ballot affairs and voters sometimes know more about the party they're for or the headlines they've seen than about the people whose names are on the ballot.

Voters will get a shot at six statewide judges in 2008. Only one, Court of Criminal Appeals Judge Paul Womack, has a primary opponent. Another, Judge Cathy Cochran of that same court, faces only a Libertarian opponent. The other four — Supreme Court Justices Wallace Jefferson, Dale Wainwright, and Phil Johnson, and Court of Criminal Appeals Judge Tom Price — will face Democratic opponents in November.

The common denominator is that they're all Republicans — it's like a private party over there. Fingers are crossing on the Democratic and Libertarian sides that voters will link the party with the recent messes. The GOP candidates are hoping this too shall pass.

Most voters don't pay attention to the judicial elections; they check a box for the party and not the person. Max Sherman, a former state senator, and dean of the LBJ School at the University of Texas, says that the general public doesn't have much reason to pay attention to these races, but those in the legal community certainly have their eyes and ears open. "They don't want to see the court under any cloud," Sherman says.

Here's what the GOP candidates have to worry about:

Last month, Supreme Court Justice David Medina and his wife were indicted (she for arson, he for tampering with evidence) in connection with a fire that destroyed their home in Spring. Harris County District Attorney Chuck Rosenthal said there isn't enough evidence and asked a court to dismiss the indictment.

Rosenthal has his own trouble. He hasn't been able to escape the media microscope after the discovery of e-mails — covering the trifecta of pornography, racism and politics — sent from his office computer. He's not resigning, but he won't be running for DA again.

Medina and two of his Supreme Court colleagues, Justices Paul Green and Nathan Hecht, have also been accused of using campaign money for personal travel. The San Antonio Express-News reported Medina reimbursed himself for travel with about $57,000 from his campaign. The judge told the paper his accountant gave him the green light on that one, and that he intends to pay the money back to the campaign.

Texas Watch, a self-appointed watchdog group, filed a complaint with the Ethics Commission saying Green used campaign contributions to pay for trips to and from his home in San Antonio. Hecht is dealing with an ongoing investigation of a similar nature. Texas Watch says Hecht spent almost $10,000 on travel between Austin and Dallas last year, and they've complained to the ethics regulators about it. Hecht said he was meeting with his supporters, according to the Express-News. He's not on the ballot until 2012.

Wainwright, the incumbent for Place 7 on the Supreme Court, is on the ballot this year. He says voters will reelect all three incumbents.

"I'm confident the people of Texas will understand we've done a good job, not perfect, but we've done a good job," says Wainwright. "There's going to be an attempt to sully the court as an institution... but I believe the people of this state will evaluate the facts, separate from suggestion and innuendo."

Johnson, Place 8, isn't sure how the public will react, but he doesn't think the bad news helps. "It's a civic duty to find out about the candidates and look at their individual qualifications," Johnson says. He says its hard to get the public "fired up" for these elections and although he wants more public interest, he says "I don't want the public to become interested only in the negative."

Others hope the public stays interested, like Susan Criss of Galveston, one of Johnson's Democratic opponents. "We've been campaigning on the need for change and when these stories are in the paper, it emphasizes that what we're saying is true," Criss says. She adds that while most people don't know the names of any judges before they vote, there has been enough bad press lately to make a change. "There's too much of it affecting too many of them," Criss says. "I think people will find a pattern," she adds. "We've been in Bush's Texas for too long and they've been bragging about it for years."

Jim Jordan is a Dallas Democrat running against Chief Justice Jefferson. "I think it's exposing the problems we have when we have a one party state," he says. "People don't want to have politics in the courtroom." Jordan says he thinks this could get more people interested in the election.

But even the courtroom can't escape politics if voters continue with party loyalties. Former Chief Justice Tom Phillips says "the judicial elections are almost a pure measure of party loyalty" and that it would be "an extremely unusual situation" for voters to turn their backs on their party.

Beaumont Libertarian Tom Oxford, running against Jefferson, says it's unfortunate Medina, Green and Hecht aren't on the ballot. "It doesn't bode well for the Republican party... it tries to present itself as the morality party, a position I've never bought." While Oxford admits a Libertarian doesn't have much chance in statewide race, he predicts some shifts in party loyalties from voters. "The public pays attention when a Supreme Court justice is accused of burning his house down for financial gain," he says [editor's note— Medina's house was uninsured, and there's no indication his home was burned down for financial reasons].

The problems aren't confined to the state's highest civil court. They started with its twin on the criminal side. Sharon Keller, chief judge of the Texas Court of Criminal Appeals, started that fire last September when she refused to accept an appeal minutes after her office closed. As a result, convicted murderer Michael Richard was executed that night.

Cochran, the incumbent for Place 9 on that appellate court, doesn't think Keller's decision will affect her campaign, but she says any negative media about other judges is a concern for the system. "Anytime any of us hit the press, we all get nervous." She says the public should still have faith in the judicial system — and that the media should focus on educating the public on the system as a whole, not "the scandal du jour."

— by Karie Meltzer

• Texas Libertarians will convene in Fort Worth on June 13-15 to pick their candidates from 200 contenders. They don't hold primaries. They start with precinct conventions in March and work up to the state meet-up.

• The state's best-funded political action committee — that'd be the fund tied to the Texas Association of Realtors — endorsed 36 primary candidates for the state House and Senate. They exemplify the "friendly incumbent rule" — the Realtors went for incumbents in every office that had one, putting new names on the list only in open seats.

• The Texas Association of Business' PAC did its endorsements, sticking mostly with incumbents and Republicans. That group's list of endorsements for Congress, the Senate, and the Texas House includes five Democrats out of 71 races in which the group made an endorsement.

Larry Joe Doherty says he raised $151,115 during the fourth quarter of 2007 for his race against U.S. Rep. Michael McCaul, R-Austin. Doherty faces Dan Grant in the Democratic primary. Doherty reported cash on hand of $267,475 at year-end.

• U.S. Sen. John Cornyn raised $1.7 million during the fourth quarter and ended the year with $7.5 million in his campaign account.

• The Tejano Democrats endorsed Hillary Clinton, Rick Noriega and Art Hall, for president, U.S. senator and Texas Railroad Commissioner, respectively. That group's chairman is former state Sen. Gonzalo Barrientos, D-Austin.

• The folks with the Eddie Saenz campaign say their luck's not as bad as their opponent thinks. We got word from the other side that Saenz has to go to court before the primaries on a DWI charge. Not so: His hearing is on March 20. Saenz is challenging Rep. Aaron Peña, D-Edinburg, in HD-40.

• Rep. Thomas Latham, R-Mesquite, picked up an endorsement from former Rep. Elvira Reyna — the woman he defeated in 2006 to win his place in the House.

• Congressional candidate Chris Peden has a place on his website where browsers can endorse him, and apparently the editors don't watch a lot of TV. One of the endorsements — spotted by someone young that we know who apparently does watch too much TV — is from one Rusty Shackleford, a pest control manager in Galveston. That's a character on King of the Hill. For what it's worth, the guy on the website says he supports Peden, who's running against U.S. Rep. Ron Paul, R-Surfside, in CD-14.

Political People and their Moves

Kyle Janek, a Houston anesthesiologist first elected to the Legislature in 1994, plans to leave the Texas Senate this spring — two years before his term ends. He'll likely be replaced in a special election in November.

He initially planned to resign March 1, which would have made it possible to hold a special election May 10 to replace him. But he says he decided to make that last day a bit later in the spring so that the special will be in November. That way, voters won't get stuck with primaries in March, runoffs in April, a special election in May and a possible runoff in June. They'll just vote on the normal election day in November, with a possible December runoff. It also gives potential candidates more time to line up their ducks.

Janek, who served in the House from 1995 and was elected to the Senate in 2002, moved his family to Austin last year. Speculation about his resignation has dogged him since the end of the last legislative session.

Half the Senate is up for reelection this year, but Janek's not in that bunch. Whoever replaces him will have to run again in 2010, when his term expires. Janek himself won the seat in a special election in November 2002, after Sen. J.E. "Buster" Brown, R-Lake Jackson, resigned early.

This is a freebie in the political sense — House members can run for that Senate seat without giving up their current positions (As usual, it's more complicated than it first seemed). Rep. Charlie Howard, R-Sugar Land, already told the Houston Chronicle he's interested, as did former Harris County GOP Chairman Gary Polland. The only Democratic House member who lives in the district is Rep. Scott Hochberg, D-Houston.

The district includes parts of six counties: Brazoria, Chambers, Fort Bend, Galveston, Harris, and Jefferson. It was at one time a very solid Republican district, but that's less true than it used to be. Republicans in statewide elections usually win there, but by smaller margins than they get statewide. The Texas Weekly Index — our measure of how a district voted in the last two general elections — leans 15.4 to the Republican side: That was the margin for statewide Republicans over statewide Democrats in the last two cycles. But districts in that range have been competitive in legislative races for the last few years, and a well-funded and/or well-known Democrat could make the contest competitive. That party — a 20-11 minority in the Senate — is mounting serious challenges against two other Republican senators — Kim Brimer of Fort Worth and Mike Jackson of La Porte — in this year's general elections.

Janek initially tried to engineer things for a successor.

Last week, Janek began squiring a possible successor around the district, helping Spencer Tillman, an African-American Republican from Sugar Land, raise money and to lock down some support that might otherwise go to other candidates. By the end of last week, Janek said, the two had already raised $75,000 for Tillman's bid.

Tillman was a college football star at the University of Oklahoma who went on to play for the Houston Oilers and the San Francisco 49ers. He's now a sportscaster for CBS. But while Tillman lives in Sugar Land, he doesn't live in the district, so the outgoing incumbent might end up without a favorite in the race.

With his favorite out of the running and with local officials raising concerns about voter burnout, Janek decided to delay his retirement so that the election to replace him will be in November instead of May.

Janek tried to keep his announcement a secret until a press conference at the state Capitol, but told Senate colleagues in a conference call a day earlier. He swore them to silence; the news blazed threw the capital while that phone call was still underway. We'll quote Ben Franklin: "Three may keep a secret, if two of them are dead."

Rep. Robert Puente won't finish his current term. The San Antonio Democrat — chairman of the House Natural Resources Committee — wrote Gov. Rick Perry to officially say he'll leave office on February 1. That's this Friday.Puente had already decided not to run for reelection, but his current term runs until the start of the legislative session in January 2009. Democrat Roland Gutierrez is the only candidate on the November ballot. Puente says quitting now gives Gutierrez a chance to get a few months seniority over other incoming House members, which can come in handy later on. Perry can call a special election in five weeks if he deems the vacancy in HD-119 an emergency. The next uniform election date — probably more likely, but there's no announcement yet — is on May 10. Puente, an attorney, says he'll return to his practice and will remain in San Antonio. Still, that could include some lobbying or Austin work. He's a legislative leader on water issues, so don't be surprised if that turns out to be a specialty. One more thing: Puente didn't close his campaign account, and says he wanted to keep it active in case a political opportunity arises in the future. If the right job opened up, he might be interested in returning to government. Here's his letter:

Carl Mica, formerly an aide to U.S. Sen. Kay Bailey Hutchison, joins the University of Texas System as director of business relations. Mica was with Hutchison for 10 years, most recently as district director. He'll succeed John de la Garza Jr., who retired.

Amber Moon is leaving the Texas Democratic Party, where she's been director of communications for two years. That job goes to Hector Nieto, who's been the deputy until now. Moon is moving to Houston, still working for the Democrats.

Anita Givens is the new deputy associate commissioner for standards and alignment at the Texas Education Agency. That's a promotion; she's been with the agency for 17 years.

Gov. Rick Perry appointed:

• To the new Task Force on Higher Education Incentive Funding: Kern Wildenthal, president of the UT Southwestern Medical School in Dallas; Bernie Francis, owner and CEO of Business Control Systems in Carrollton; Woody Hunt, chairman and CEO of Hunt Building Corp. in El Paso; A.W. Riter, president of Riter Management Co. and a family foundation in of Tyler; and Robert Zárate of San Antonio, a retired public school educator. They'll join four others on a panel making recommendations on higher ed incentive funding to the next Legislature.

Hope Andrade of San Antonio to the middle seat at the Texas Transportation Commission. She's been on that panel; she'll replace the late Ric Williamson as chair, on an interim basis.

Ernie Morales of Devine as presiding officer of the Texas Animal Health Commission. He co-owns Morales feed lots. The Guv put some others on that board, including Randy Chris Brown, vice president of City Bank Texas in Lubbock; Dr. William Edmiston Jr. of Eldorado, a veterinarian and rancher; Ken Jordan, owner and operator of Jordan Cattle Auctions in San Saba; Mark Wheelis of Victoria, general ranch manager of D.H. Braman Jr. Ranches; Dick Winters Jr. of Brady, general partner and manager of Winters Livestock and Land; and Chuck Real of Marion, owner and operator of Real Hog Farms.

• Four new regents for the University of Houston System. The newbies: Nelda Blair, president and owner of the Blair Law Firm and chairman of the board of directors of The Woodlands Township; Jacob Monty, managing partner of Monty Partners LLP, a Houston law firm; Mica Mosbacher, a fundraiser and philanthropist; and Carroll Robertson Ray, an attorney with Andrews and Kurth.

Charles Crenshaw of Austin, Mark Smith of Dallas, and Doris Davis Washington of Arlington to the Texas Private Security Board. And he named John Chism of Irving to be that board's presiding officer. Chism is a private eye, Crenshaw and Smith both run alarm and security firms, and Washington is a Realtor.

James Earl Toups of League City to the Board of Pilot Commissioners for Galveston County. He's retired from Amoco Chemicals.

Kristin Benton of Austin, Sheri Crosby of Mesquite, Marilyn Davis of Sugar Land, Richard Gibbs of Mesquite, and Mary Jane Salgado of El Paso to the Texas Board of Nursing. Gibbs and Davis are nurses, and Benton teaches nursing at Austin Community College. Crosby is an attorney, and Salgado is a real estate agent and an economic developer of the Kickapoo Traditional Tribe of Texas.

Lt. Gov. David Dewhurst and House Speaker Tom Craddick named their joint appointees to the Select Committee on Public School Accountability. That list: Dalia Benavides, an elementary school principal from Midland; Susan Lewis, an elementary math teacher in San Antonio who's also active in the Texas Classroom Teachers Association; and David Splitek, superintendent at Lackland ISD.

Quotes of the Week

Combs, Sklar, Williams, McMurrey, Peña, and JanekComptroller Susan Combs, on the new business tax being collected for the first time this year: "There will be something unexpected. You always expect that."

Shane Sklar, a Democrat who lost a congressional race against Ron Paul, talking to the San Antonio Express-News about Paul's appeal as a presidential candidate: "There are people who felt they've never had a place in the political process and here's a chance for them, as they see it, to get behind something with meaning."

Former Texas Secretary of State Roger Williams, quoted in the Fort Worth Star-Telegram on the theory that Republicans might find their motivation to vote on the other side of the presidential ballot: "If we need Hillary Clinton to energize the party, we're in pretty bad shape."

Democratic U.S. Senate candidate Ray McMurrey, quoted by the Associated Press, defending a low-budget bid for statewide office by comparing himself with Victor Morales, who won a Democratic primary in 1996 with little money and a lot of free press coverage: "What I'm doing is not impossible. It has been done."

Rep. Aaron Peña, D-Edinburg, quoted in the McAllen Monitor after accepting contributions from Houston homebuilder Bob Perry, who's usually with the Republicans: "I'm in the middle of a war. If somebody wants to hand me a load of bullets, I'm not going to turn them down."

Sen. Kyle Janek, R-Houston, surrounded by his family while announcing he'll resign from the Senate in June: "I've had a great 13 years here at the Capitol. I showed up with no wife, no kids, no gray hair, no glasses and no hearing aid. Now, look at me."