The Week in the Rearview Mirror

After a recount in HD-11, Rep. Chuck Hopson, D-Jacksonville, claimed victory Tuesday.The exact numbers aren't yet available, but Hopson said in a written release that his increased Hopson's margin — which had been 103 votes — to 204. got bigger when the four counties recounted ballots.


Hopson's press release: The voters of East Texas went to the polls on November 4 to cast their votes for State Representative House District 11. Today, after a manual recount of the ballots cast in Cherokee, Houston, Rusk and Panola counties, Representative Chuck Hopson's victory was confirmed and the margin increased. "The votes for State Representative in District 11 have been counted and recounted, and the will of the voters is clear. I am gratified by the trust the voters have placed in me. "I want to thank all of the county officials and workers for their hard work and diligence. I am looking forward to joining my colleagues in Austin in January for the 81st Legislature. I will continue to focus on our legislative agenda of making sure that East Texas has a world class education system, protecting personal property rights and East Texas water rights."

President-elect Barack Obama is not the only elected official confronted with a daunting and growing list of pressing concerns. Texas legislators — both the Austin veterans and their newly-elected colleagues — will be coming to the Texas Capitol in January 2009 prepared for their own set of headaches. However, unlike the federal government and most states, Texas is sitting in the economic catbird seat — at least for the moment.

Across the country, states are reeling from huge budget shortfalls. Basic services — including roads, schools, and other necessities — are being slashed as the sub-prime mortgage wave and its accompanying havoc hammer state budgets. The federal picture is even bleaker with the deficit topping an historic (and downright terrifying) $10 trillion. For the math-challenged among us, it bears clarifying that a trillion really does require twelve zeroes.

Meanwhile, back at the ranch, Texas is bucking the national trend. In fact, legislators kick off the 2009 legislative session with a strong surplus. Despite the costly impact of Hurricane Ike, the downturn in the economy, and a plunge in the oil and gas prices that fuel the budgets of energy rich states like ours, Texas lawmakers have a remarkable opportunity before them to wisely invest public dollars where it can make a real and lasting difference: the building of our state’s human capital — the most fundamental component of economic growth, innovation and prosperity.

According to the buzz at the Capitol, the coming session of the Texas Legislature might be the last session for years to come that presents the Legislature with the opportunity to make strategic investments in our state’s economy and its future. The 2009 session of the Texas Legislature might be our state’s last chance for years to make strategic investments.

If last session’s struggle for the gavel of the Speaker of the Texas House of Representatives is any indication, Texans are in for a brutal and grueling legislative session. Not only will there be strong competition for the time and attention of the Legislature, but also for whatever surplus dollars do exist after the state meets its obligations.

Our precious state budget surplus brings us to a defining moment. The choices we make (through our legislators) will reveal a lot about our priorities. Will history demonstrate that we invested our surplus wisely? Given the uncertainties about the future of our economy, it is more important than ever that we invest those dollars in proven strategies to boost our economic and workforce competitiveness.

The Texas Legislature appears fully prepared to meet the weighty challenge before it: Not only must leaders grapple with today’s pressing needs, they must be intentional and forward-thinking about tomorrow, because 2009 budget decisions will undoubtedly touch our state’s future in very real and meaningful ways.

As the bi-partisan authors of the session’s first bill, Sen. Judith Zaffirini, D-Laredo, and her House companion Rep. Diane Patrick, R-Arlington, have already provided a great example of legislating with a long-term view. Just days after the election, they proposed a measure to expand access to high quality pre-kindergarten, a proven program that simultaneously prepares Texas’ youngest for success in school and builds tomorrow’s team-ready workforce.

The pre-kindergarten bill deserves the full support of all Texans. Whether you want Texas to guarantee access to quality Pre-K for military-connected children, or to bolster our state’s future economic competitiveness by increasing the likelihood that kids will stay in school thanks to a quality start, or to help relieve the burdened household budgets of struggling working parents it’s time to urge all our lawmakers to support expanded funding for quality pre-kindergarten. While there are few guarantees, especially these days, decades of research has proven that investment in Pre-K is smart policy.

Jason Sabo is Senior Vice President of Public Policy with United Ways of Texas. He can be reached at Jason.Sabo@uwtexas.org.


Texas Weekly's Soapbox is a venue for opinions, spins, alternate takes, and other interesting stuff sent in by readers and others. We moderate submissions to keep crazy people out, and anonymous commentary is ineligible. Readers can respond (through the moderator) to things posted here. Got something to submit? We're interested in everything from full-blown opinion pieces to short bits to observations or tidbits that have escaped us and the mass media. One rule: Your name goes on your words. Call or send an email: Ross Ramsey, Editor, Texas Weekly, 512/288-6598, ramsey@texasweekly.com.

Bloggers were in the Thanksgiving mood this week. They're also gabbing about nonpolitical people, discussing the general condition of Texas government and talking politics, too. And there's the usual miscellany.

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Holiday Spirit

Letters From Texas has a two-part Holiday Gift Guide, here and here. Featured items include a zombie yard art sculpture, boyfriend arm pillow, [Barack] Obama Yes We Can Opener, fetus cookie cutter and a couple of books.

Capitol Annex pens its third annual The Laws of Thanksgiving, which are kind of like "you might be a redneck" jokes, but different. Mike Falick's Blog has Turkey-themed sites and trivia, plus links to his Thanksgiving Day posts for the three years prior. And Memoirs From a Young Conservative has a list of what she's thankful for, including Texas, family and the Second Amendment.

It takes Rhymes with Right three posts to say what they're thankful for — one, two and three. And Redneck Mother is glad the holidays are all wrapped up. Her husband knocked out the Xmas shopping for the extended family, and her kids already found their main gifts.

Texas on the Potomac has a list of things Texas politicians are thankful for. It's got some humor, some analysis and a reference to House Speaker Tom Craddick as "Autocraddick," which we imagine to be some kind of Transformer robot. And PoliTex, the Fort Worth Star-Telegram's blog, names their turkeys of the year here and here. The "winners": the Texas Two-Step primacaucus, former presidential candidate John Edwards, Freddie Mae and Fannie Mac and forgetting Hurricane Ike.

And in case you missed it, the Monday before Thanksgiving was dubbed "Governor Sarah Palin Appreciation Day" by the Texas Federation of Women, says Pondering Penguin.

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Apoliticos

BlogHOUSTON is following the fallout from Harris County GOP head Jared Woodfill's call for a local judge to resign two years after an email controversy. Defending people names Woodfill "Asshat Lawyer of the Day."

The Capitol Crowd marks the passing of Virgie Collins Garrett, mother of a lobbyist, while Grits for Breakfast takes a look at the people President George W. Bush has pardoned.

Old Soldier saw some weird jet contrails up in the Houston sky and took pictures. Mike Falick's blog is now available in audio. And Lobby Duck asks, "Am I back?" (It appears so.)

"Gawd, this blog is boring!" laments Panhandle Truth Squad, reminding readers to RSVP for their Celebrate Your Monkey Ancestors/War on Christmas Party coming up on Dec. 13. Meanwhile, Lone Star Times says the clock is ticking for entries to the Kosher bacon-flavored recipe contest. (The food has to be Kosher and taste like bacon.) And Rightwingsparkle has a list of conservative women bloggers.

Remaining AWOL is PatriotWriter, who vowed to move to Canada or Houston if Obama was elected President.

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To the Point

After perusing the latest pieces by BurkaBlog on issues and the House Speaker's race, Sen. Eliot Shapleigh, D-El Paso, emailed to tell the writer, Paul Burka, that he's missing the point. Burka responded, and readers weighed in. Excerpts from the exchange: Shapleigh says Texans are drowning in Grover Norquist's bathtub, thanks to "the Bush-[Rick] Perry -Craddick school of governance." Burka says that Republicans aren't entirely at fault. "Texas government is the way that it is because this is a conservative state, and there is little movement for change," he says, adding that the GOP is paying at the polls for its decisions — "Their brand is tarnished and they are losing ground in Texas." In the comments, readers go back-and-forth over when it's OK to raise taxes, and how Texas compares to California.

Eye on Williamson says Shapleigh is right, but Burka makes some good points. Williamson then points to a recent column by Dave McNeely for background on how the Speaker's role has changed over the years. Speaking of Craddick, PoliTex, the Fort Worth Star-Telegram's blog, keeps tabs on a "PR push" going on in the new and mainstream media aimed at keeping the Speaker in power.

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Politics Again, Naturally

Half Empty posts the polling locations for early voting and Election Day voting during the Senate District 17 special election. Burnt Orange takes a look at where Democrats are in Texas and where they aren't. And the El Paso Times' Vaqueros & Wonkeros reports on the second meeting in Austin of El Paso state legislators.

BeldarBlog defends the 2003 Texas redistricting plan. Burnt Orange wants Judge Sharon Keller off the Court of Criminal Appeals. And a Democratic Dallas judge is receiving praise from both sides of the aisle after a ruling on a recount in House District 105, says the Dallas Morning News's Trail Blazers.

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Misc.

KVUE's Political Junkie took photos at the memorial for former attorney general Jim Mattox, while Grits for Breakfast links to analyses from the Harvard Law Review of recent U.S. Supreme Court rulings on cases relevant to Texas.

Native Californian Half Empty thinks it's crazy that Texas doesn't have open-carry handgun laws. And Mike Falick's Blog's Bill of the Day concerns capping the amount of college students admitted under the Top 10 Percent Rule.


This edition of Out There was compiled and written by Patrick Brendel, who hails from Victoria but is semi-settled in 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.

Finding a seat at the media table could be a lot easier next session. And memorizing the faces in the Capitol press guide that the Senate puts out every odd year probably won't be much of a task, either.

Since lawmakers adjourned sine die a year and a half ago, at least three of the state's major daily newspapers have trimmed their Capitol bureaus, and the one-person operation that covered Austin for the larger papers in the Rio Grande Valley has been shuttered. Two years before that, Scripps Howard closed its bureau and the Hearst-owned Houston Chronicle and San Antonio Express-News consolidated operations.

And even further reductions could be realized if recently reported negotiations between The Dallas Morning News and Fort Worth Star-Telegram bear fruit. They're trying to devise a plan to share content, and while they're not specific about what areas of the papers might be affected, sports and politics — where reporters from the two papers are often running in the same packs — are obvious candidates for consolidation. Or if one of the media conglomerates that already has a presence in the Capitol comes forward to buy the Austin American-Statesman, which owner Cox Communications put on the block earlier this year.

The cutbacks in press presence under the Dome and throughout the state agencies are the latest development in a trend that started in the 1990s when the Dallas Times Herald, the San Antonio Light, the Houston Post and El Paso Herald-Post toppled one after another like a row of dominoes.

And the trend is hardly unique to Austin. A 1998 study funded by the Pew Center and released by the American Journalism Review found that staffing levels for statehouse reporting nationwide had shrunk dramatically in the 1990s and that every major paper in the country had cut back.

"It's only gotten worse since then," says Gene Roberts, a journalism professor at the University of Maryland who helped spearhead the 1998 study. "At newspaper after newspaper, we are seeing fewer reporters and smaller news holes for state capital coverage. This is a huge problem."

In the interest of full disclosure, yours truly is among the faces likely to be missing from the 2009 press guide. After colleague R.A. "Jake" Dyer was laid off by the Star-Telegram and bureau chief Jay Root moved across the hall to the Associated Press, I accepted a buyout from the newspaper that included six months salary and three months of subsidized health coverage.

As a result, the Star-Telegram bureau went dark for about six weeks until Dave Montgomery came back from Washington, D.C., to take over what had been a three-reporter, one-clerk operation and turn it into a one-man band.

Dave McNeely, the former longtime writer for the American-Statesman whose freelance column on state government and politics is now carried by about two dozen Texas newspapers, said the shrinking press corps carries some ominous consequences beyond the prospect of having more reporters scouring the job ads.

"Each time we lose a reporter or a paper closes its bureau, there's a loss of accountability for the elected officials and state agencies," said McNeely, whose career in Austin dates back to the Connally Administration. "I had one of my lawmaker friends tell me once that every time we busted somebody for something, we stopped 100 others from trying something just as bad — or worse.

"When there are fewer reporters chasing fewer stories, that's fewer opportunities to bust them even once."

Tom "Smitty" Smith, who heads the watchdog group, Public Citizen, said that the diminished ranks of reporters has affected his ability to spread the word about his organization's investigations into such issues as energy policy and environmental awareness.

"Devastating. It has crippled our efforts to alert the public about issues that affect their pocketbooks, their health and their environment," he said.

Related: Cox Newspapers, owners of the Austin American-Statesman and other papers, announced it will close its Washington, D.C., bureau, a move that will send Jason Embry back to the Texas capital, where he'll return to state government coverage. And Ken Herman, the paper's former Austin bureau chief, will move back to Texas early next year for an assignment to be determined later. Both have been working in the Cox Washington Bureau.

— by John Moritz

Texas Democrats contend a Dallas County election recount is being conducted in violation of federal voting laws and want the count halted until a federal judge takes a look at the HD-105 election.In the lawsuit, the Texas Democratic Party says the counting of emphasis ballots amounts to a change in the rules of the election, and they contend any such change requires federal approval since Texas is covered by the federal Voting Rights Act. They want the recount in the HD-105 race stopped temporarily while the courts work on this. Rep. Linda Harper-Brown, R-Irving, won reelection by just 20 votes last month. Democrat Bob Romano requested a recount. They and the political parties went to court last week over the counting of so-called emphasis ballots — ballots where voters pulled the lever for the political party of their choice and then emphasized that selection by voting for their party's candidate in HD-105. A state district judge who heard that case rejected it last week, saying he didn't have jurisdiction. That set the stage for a recount, and for the federal lawsuit filed Monday. On optical ballots, those are counted as a vote for the party and for the candidate in question. On the electronic machines in use in Dallas County, the vote for the party is counted and the selection of the candidate is counted as an exception, as in "all of the Republicans (or Democrats) except this one." Harper-Brown's side wants to leave the counting like that, with a voter who selected "Democrat" and "Bob Romano" effectively registering no vote in the race. In an earlier lawsuit (the Democrats attached it to their filing, below), the courts went along with the "deselection" argument, in part because the results of a voter's action was clear on the screen, which warned the voter that a change to the straight-party vote was being made. The other side, with the TDP leading the legal fight, says that amounts to a rule change that wasn't pre-cleared by the U.S. Justice Department, a change prohibited by federal voting law. "As a result of last week’s ruling, it became clear the Texas Democratic Party needed to take further action and file a lawsuit in federal court in order to get this pressing matter addressed," said Boyd Richie, the party's chairman, in a written statement. "As a result of their partisan intervention in the HD 105 election, the Secretary of State’s office has forced the Dallas County Elections Office to change the election rules in the middle of the game, ignoring Department of Justice requirements that demand pre-clearance for changes." That federal law, by their reading, allows the judge two options: Count all of the ballots the same way as optical ballots are being counted, or ditch the election and start all over again with federally approved rules in place before the voting starts. That recount was supposed to start today. And a copy of the filings from the Democrats are attached below.

Texas could be the next Colorado, shifting from red to blue on the political map, according to a Houston pollster's report being circulated among Republican politicos and consultants.

Hill Research Consultants did a statewide poll after the election — November 15-17 — to find what it calls the "worst-case scenario" for future elections in Texas, the better not to lose the state's Republican advantage in the congressional delegation, the statehouse, and all 29 statewide offices.

In their conversations with 636 registered voters, the pollsters got an earful:

• Texas voters are unhappy with the status quo

• The economy is their highest priority

• Tax burdens are too high

• Voters don't think the GOP "is delivering government that is low-cost, in-touch, sensible, and devoted to the common good"

• The Republican "brand" is less appealing than the Democratic one

• A number of dead Democrats handily out-poll several living Republican officeholders in Texas in favorability ratings

• Generic Republicans trail on the most important issues to voters

• The GOP has been tagged with several negative traits, according to those voters: "arrogant, racist, corrupt, unwelcoming"

• Voters have "Bush fatigue" and are aware that the GOP isn't connecting with younger voters and Hispanics

• GOP job approval is under 50 percent — a potential advantage for Democrats.

• 50 percent think the state is on the wrong track, as against 37 percent who think it's moving in the right direction

• On generic ballots for governor, Texans favor the Democrat over the Republican, 44-31

The full poll is nearly 300 pages long (with cross-tabs). Here's the top, and here's the whole thing.

Comptroller Susan Combs says the Texas economy is stronger than the national economy, but not invulnerable.

"We're not immune — just much better positioned," she says.

Combs won't estimate the state's income from taxes on that economy until next month, on the eve of the legislative session. She told reporters that the state is seeing the dip in the economy in sales tax returns, which are rising more slowly than a year ago, and expects to see the effects of falling oil prices in the taxes based on those. But other indicators show Texas in good shape compared with other places. For instance, she says the entire state had fewer foreclosures in October — about 9,900 — than the City of Las Vegas, which had more than 12,000.

And lawmakers here, unlike their counterparts in many other states, start with black numbers instead of red ones. Unofficially, she says, the state has about $2 billion in general revenue that isn't committed, about $3 billion set aside for property tax relief, and arount $6.7 billion in the Rainy Day Fund. She's guessing lawmakers will need more than $3 billion for a supplemental appropriations bill early in the legislative session next year, but they won't be starting with a deficit even after that money is spent.

Combs was unveiling the newest phase of her effort to open the state's books to citizens on the Internet. She already posted a "virtual checkbook" online. Now she's added a site where state and local agencies can group their purchases to get better prices (that'll save $28 million right away, she says) and a spot that leads to other transparent government efforts on the local level in Texas. And she's pointing to a forthcoming report on how the state can get all of its agencies to set up their books the same way, making it easier to tell what's being spent and how it compares across state government.

A Republican survey making the rounds — one apparently done for Gov. Rick Perry or his friendlies — says 71 percent of Republican primary voters disagree with U.S. Sen. Kay Bailey Hutchison's position on the financial bailouts.

She voted for them. And the numbers are more or less in line with national polls; a USA Today/Gallup survey said 63 percent of Republicans were against the stimulus packages now under consideration in Washington, D.C.

Hutchison, of course, is considering a run against Perry in 2010. And the Guv has said he wants another term at the end of his tenth year in office (they ordered a boatload of 2010 bumper stickers, for what that's worth). They didn't attach any horse-race numbers; other polls we've seen have her in the lead right now in a head-to-head. But that's without the, erm, rigors of a primary campaign and it's comparative advertising and debating and such. Some of which will apparently focus on bailouts of faltering financial and industrial companies.

The governor's roundtables on the economy caught the attention of the state's unions, who haven't been invited and apparently won't be invited to future gatherings.

That prompted a PR missile from the Texas AFL-CIO — they say the governor is ignoring workers, consumers and environmental groups. "In three meetings to discuss and plan the future of the state economy, Gov. Perry sat with the usual business and political elites, ignoring the worker side of the equation except in so far as workers are viewed through the prism of management," said Becky Moeller, president of the Texas AFL-CIO.

Perry has held three of the gatherings — the latest one this week — to talk to government agencies and trade groups about the economy, get their feedback, and to set their expectations for the legislative session ahead.

The first meeting was with selected state agency execs, in early October. The second meeting, later that month, included the Independent Bankers Association of Texas, Texas Association of Business, Texas Association of Manufacturers, Texas Association of Realtors, Texas Bankers Association, and Texas Credit Union League.

Meeting number three, this week, included the Texas Motor Transportation Association, Texas Automobile Dealers Association, National Federation of Independent Business-Texas, Texas Association of Builders, Texas Restaurant Association, and the Texas Retailers Association.

"The people the governor has met with represent employers of hundreds of thousands of employees," said Allison Castle, a spokeswoman for Perry.

She said the governor will probably hold one more such meeting this month, but indicated that labor's not likely to be on the list of invitees: "From the tone of their press release it's clear they are motivated by politics, not protecting workers."

Kay Bailey Hutchison answers the "Does She or Doesn't She?" question about whether she wants to run for governor, filing the papers required to run a campaign for state office.Key points: • This is an "exploratory" committee and not an announcement of her candidacy, she says. There's not really any distinction in the state's campaign finance law, but it is a way of saying something short of "I'm In!" • Since she's not running yet, she's not answering the question about whether she'll continue to serve in the U.S. Senate. That puts off the conversation (not really) about who might be appointed to her spot if she vacates early for a gubernatorial run. Among the names we hear: Lt. Gov. David Dewhurst, Sen. Florence Shapiro, former Secretary of State Roger Williams, Railroad Commissioners Michael Williams and Elizabeth Ames Jones. Add the name of your favorite here. The appointment would be made by the governor and a special election would follow to decide who'd serve out her term, which runs through 2012. Roger Williams hasn't filed an exploratory committee yet, but he'll run if Hutchison's seat opens up, according to Craig Murphy, his political consultant. And Hutchison's consultants say she's not resigning any time soon, if at all. If she wants, she can run for governor as a sitting U.S. Senator. UPDATE: Hutchison, in an interview with the Houston Chronicle says she's not going to leave her federal gig any time soon. "I have not made a decision to step down from the Senate at all... I haven't decided. And if I did resign to run, it would be late next year," she told the paper. "It's not going to be something very soon at all, because I do have a job to do in the Senate. It's a very important time. And I want to do this when it's right for Texas. And an early resignation would not be right for Texas." • She's moving $1 million from her federal campaign accounts to the new state account. That's more than some statewide candidates spend on a race, but it's chump change in a gubernatorial contest in Texas. And all of her federal campaign money can be moved to the state account, with few encumbrances. • Mark Miner, a spokesman for Perry, was not impressed, noting Hutchison's earlier looks at the governor's race in 2002 and 2006: "Kay Bailout has been talking about running for governor and passing bills since 2002 and neither has happened... this just continues her streak of indecision." • She's got a website, Texans for Kay, but nothing there (when we looked) mentioned this announcement. It's full of news stories about the speculation leading up to now, however. AMEND THAT: She's got another website that's only about the announcement, with comments and a place where supporters can sign up and so on. It's at Kay4Texas.com. • She hasn't, as rumored and written elsewhere (DallasBlog, and the Dallas Morning News) hired Karl Rove, although Todd Olsen, the Austin political consultant who bought Rove's business, is the contact for campaign news at this point. Olsen describes Rove and Hutchison as friends, but says his former boss isn't working for the senator. And while we're here, Olsen says Hutchison hasn't hired a general campaign consultant: "We haven't gotten that far." • Hutchison, a federal officeholder, isn't banned from raising money during a legislative session. Gov. Rick Perry and other state officeholders are prohibited from dragging the sack from December 13 (30 days before the session starts) until the session ends in June. That, along with the balances in her federal account, give her a potential advantage. Her press release follows:

 


For Immediate Release: Thursday, December 4th, 2008 Statement by Senator Kay Bailey Hutchison Today, I am filing an exploratory committee so I can begin the process of organizing a campaign for Governor of Texas. I am not yet a candidate, but Texas law requires this first, important step before an announcement can be made. I am transferring $1 million from my Federal account to this new state exploratory committee and will take further steps as they become appropriate. Right now, there are a lot of Texans - friends, community and business leaders, Republicans, Democrats, Independents and people who've never been in politics - that I want to talk to before becoming a formal candidate. While Texas is faring somewhat better economically than many other states, a positive future is not guaranteed. It will take leaders who look ahead to meet the economic and budgetary challenges that are coming. Texans deserve a Governor who, in the context of sound budgetary policies and low taxes, works for quality schools and universities, access to health care for our families, communities safe from crime and drugs, protection of private property rights, sensible transportation and a government that listens and responds to them. There's too much bitterness, too much anger, too little trust, too little consensus and too much infighting. And the tone comes from the top. Texans are looking for leadership and results. I am humbled by the number of hard working Texans who have asked me to run for Governor in our state that I love so dearly. And I am honored to serve Texas in the United States Senate, protecting our state's interests and standing for our values and vision. Texans understand I put Texas first and I will continue to do so while I explore and prepare for a race for Governor of Texas. # # #