Changing the Odds

Signing anti-tax pledges — as both of the leading Republican candidates for governor have now done — warms the hearts of gambling promoters. Not because Rick Perry and Kay Bailey Hutchison suddenly become proponents of casino gambling, but because gambling often gets stuck in a threesome with program cuts and tax increases and that setup is what made it legal to bet on bingo, horses, dogs, and the lottery in Texas.

Back up a step.

Texas officeholders expect to walk into the next legislative session with budget troubles. The state has a structural deficit, because lawmakers lowered local school taxes a few years ago but didn't raise state taxes enough to cover the swap. They'll have an estimated $9 billion available in the state's so-called Rainy Day Fund when they write the next budget, and that'll help. But the $17 billion in federal stimulus money used to balance the current budget won't be available, and the hole they expect to find is bigger than the plug they expect to have.

That sets up three choices: Cut programs, raise taxes, or find money somewhere else. Last session, lawmakers found federal stimulus money behind Door Number Three. Before that pot of gold appeared, they expected to find casino promoters who want to open resort gambling operations around the state. That would save Texans from having to fly all the way to Nevada to bet, and the vig would potentially turn some of the numbers in the state budget to black from red.

Tax bills aren't popular. No news there. It's difficult to win support for gambling, too, though it's hard to find a modern Texas political race where a gambling vote cost someone an election. Budget cuts aren't easy, either: Large cuts in 2003 cost some of the cutters on Election Day, notably in districts where the Children's Health Insurance Program was more popular than officeholders first thought.

A gambling bill could be pitched as a lesser evil than higher taxes and cuts to programs that are politically or economically popular. And because it requires a constitutional amendment approved by voters, legislators can let themselves off the hook by saying they're just letting voters decide. We're not being cute: That was the pitch on the gaming bills that passed in the 1980s and 1990s.

Perry has a campaign proposal that plugs into the same strategic frame; it would require a two-thirds vote in both chambers of the Lege for any tax bill to become law. It takes two-thirds to pass a gaming bill, too: 100 votes in the House, 21 in the Senate. Two of the alternatives in our three-way tug-of-war would require supermajorities in the Legislature. Budget cuts, on the other hand, could be accomplished with a simple majority.

Too Busy for a Review

By Elise Hu, The Texas Tribune


Just days before it was set to review a case in which the state has been accused of executing an innocent man, Gov. Rick Perry replaced the chairman and two other members of an independent state forensics panel.

The Texas State Forensic Association's new chairman canceled the high-profile hearing upon his appointment. He says he doesn't know if it will be rescheduled.

"I haven't had time to breathe," said Williamson County District Attorney John Bradley, the new chair of the panel. "There wasn't going to be enough time for me to learn about the case before the hearing."

The case surrounds Cameron Todd Willingham, a Corsicana man convicted of killing his three young daughters by starting a house fire in 1991. Willingham maintained his innocence until his 2004 execution. He refused offers to plead guilty in exchange for a life sentence.

Arson experts who have reviewed the case in recent years concluded the fire was accidental and Willingham was innocent. His story was recently detailed in The New Yorker.

The Texas State Forensic Association, under outgoing chairman and Austin attorney Sam Bassett, had invited arson expert Craig Beyler to testify at a hearing this week. The Baltimore-based Beyler was hired by the commission and set to outline his report, which concludes the forensic evidence used to convict Willingham was faulty.

Now, it's unclear when — or if — that hearing will go on.

"This is like the Saturday Night Massacre," said Barry Scheck, co-founder of The Innocence Project, a nonprofit legal group that investigates wrongful convictions. "Rather than let this important hearing go forward and the report be heard, the Governor fires the independent Chairman and two other members of this Commission. It's like Nixon firing Archibald Cox to avoid turning over the Watergate tapes."

The governor's office maintains the new appointments were routine, since the terms of the three members on the panel expired at the beginning of this month.

"This is replacing people whose appointments were up," said Perry press secretary Allison Castle.

Bradley says he will "do his homework" before rescheduling the hearing, if it is rescheduled. He says his decision to cancel the hearing has nothing to do with the Willingham case.

"I don't know if it would have mattered what was going on Friday," Bradley said. "I would have had to drop my schedule. I have a full-time schedule."

State technology chief resigns

By Emily Ramshaw, The Texas Tribune


The executive director of the state's data and information technology agency stepped down on Wednesday. Brian Rawson, who spent the last three years overseeing the state's data consolidation and telecommunications efforts for the Department of Information Resources, will run "statewide data initiatives" for the Texas Education Agency.

Gov. Rick Perry's technology adviser, Karen Robinson, will serve as interim director until a replacement is named.

Rawson and officials with the agency could not be reached for comment. But DIR insiders said privately that his departure did not come as a surprise.

Rawson's tenure at the agency has been difficult — largely because of problems implementing the state's $863 million data center consolidation project. Server crashes have threatened major Medicaid fraud cases kept on file in the Texas Attorney General's Office and angered the governor's office.

Earlier this month, auditors held the agency responsible for many of the delays and hitches with the seven-year data consolidation contract with IBM.

Charles Bacarisse, Perry's appointee to chair the DIR board, said in a statement that Rawson has "diligently worked to manage the many services the agency provides, including TexasOnline."

"While the data consolidation is a long way from completion, on behalf of the board I thank him for his efforts," Bacarisse said.

Perry Reversal Irks Business Group

By Brandi Grissom, The Texas Tribune


The leader of Texas' largest business group said Wednesday that Gov. Rick Perry's new election promise to crackdown on employers who hire undocumented workers would be unfair and untenable.

"Our view is that this is a federal issue," said Bill Hammond, executive director of the Texas Association of Business, whose members include some of Perry's largest campaign donors.

In an online campaign speech launching his 2010 re-election bid this week, Perry reversed his previous stance on employer sanctions and said he would press lawmakers to enact criminal penalties for businesses that knowingly hire undocumented workers.

"Texas jobs should be held by folks who are here legally," Perry said.

During his 2006 campaign, Perry said he opposed using state laws to punish employers who hire undocumented workers. The change was one that Perry's GOP rival, U.S. Sen. Kay Bailey Hutchison, was quick to pick up on.

"Texans deserve a governor they can trust won't change their positions on critical issues like illegal immigration to suit an election," said Hutchison campaign spokesman Joe Pounder.

Campaign spokesman Mark Miner said Perry's focus in recent years has been securing the Texas-Mexico border since the federal government hasn't done so.

Perry has long said border security must come before immigration reform. In 2007 and again 2009, lawmakers dedicated about $100 million to border security efforts, at his request.

"Now, at this point, the federal government has fallen down on this issue, so he's taken a stronger stance" on employer sanctions, Miner said.

But Hammond said it would be unfair to go after Texas employers because they have no way to accurately determine whether workers present false documents.

The federal government's e-verify program that is meant to let businesses check on their workers' status isn't always right, he said, and most employers aren't forensic experts who can judge the authenticity of documents workers present.

"Our members, and employers in Texas in general, want to obey the laws. They make every effort to do that," Hammond said.

In 2007, Hammond helped launch the group Texas Employers for Immigration Reform specifically to lobby against state-imposed employer sanctions.

Houston homebuilder Bob Perry, who is not related to Gov. Perry but is one of his top financial supporters, is a member of the employer group. Other large Perry contributors who have joined the group include El Paso developer Woody Hunt and San Antonio health care equipment magnate James Leininger.

The employer group has urged state lawmakers to leave immigration laws to Congress.

But Hammond said the governor's new position on state employer sanctions wouldn't affect the association's support for Perry.

"We will continue to maintain our principles and let him know directly or indirectly exactly how we feel on this issue," Hammond said.

Other states — like Arizona and Oklahoma — have already implemented policies that punish businesses that hire undocumented workers.

Luis Figueroa, legislative attorney for the Mexican American Legal Defense and Educational Fund, or MALDEF, said states are creating a hodgepodge of immigration laws that make it tough for businesses to operate.

"It doesn't make a lot of sense in this economy to create more regulations that make it harder for employers to hire people and do business here," he said.

Jim Henson, director of the Texas Politics Project at the University of Texas, said Perry's new get-tough rhetoric would likely appeal to the Republican primary voters but probably wouldn't hurt him with his political deep pockets.

"You campaign one way, then when you're governing, the math, the calculus, is different, and everybody knows that," Henson said.

Not Talkin' Texas...

By Elise Hu, The Texas Tribune


Gov. Rick Perry took to the Internet to "Talk Texas" with his supporters and open up his campaign with a bang. But his website wasn't up to it....

The Perry campaign's journey into the world of instant online communication hit a major cyber-roadblock when the governor's much-anticipated web announcement to officially kick off his re-election campaign fell victim to an alleged hacker attack that kept supporters and other curious web-watchers from being able to see the governor at all.

Multiple panicked reloads were powerless against the error: "Unable to connect to server," it read. "Too many connections."

Perry spokesman Mark Miner said the campaign's website was hacked from outside to prevent Perry's supporters from logging in.

"Today's 'Talkin' Texas' webcast by Gov. Perry was deliberately interrupted by a denial-of-service attack, preventing countless users from logging in to view the Governor's remarks. This planned and coordinated attack was political sabotage, and we are working to identify those responsible for this illegal activity. Before the attack was initiated, more than 22,000 users were able to log in and view Gov. Perry's complete remarks, which will be distributed shortly."

The troubles delighted his opponents.

"Clearly Rick Perry should have spent less paying off supporters and more on technology," said Joe Pounder, a spokesman for gubernatorial hopeful Kay Bailey Hutchison. He was referring to a report in The Dallas Morning News about Perry's campaign paying workers for recruiting new supporters.

On the social networking site Twitter, 140-character blasts against the failed online effort popped up almost immediately.

Phillip Martin, who directs social media strategy for the Texas Democratic Trust, which raises money for Democratic candidates across Texas, tweeted, "Congrats Governor Perry and the... team for the epic failure [of] their social media campaign."

A politician using non-traditional means to make campaign announcements is nothing new, but novel for Texas, where Governor Perry was expected to be the first statewide candidate to officially announce his candidacy with a streaming webcast. Now it will be a taped video instead. [That's now posted on Perry's web site].

Democratic presidential candidate Hillary Clinton used a taped video posted to her website to announce she was officially in the 2008 race for president.

Reluctantly Out Front

By Abby Rapoport, The Texas Tribune


Most elected officials greet a chairmanship with some excitement. Gail Lowe, the Lampasas Republican who recently became the chair of the State Board of Education, is approaching her new title with some apprehension.

"I'm not angling to do this any longer than I have to," she said. "I'm sort of the backup."

It's true. Last year, the Texas State Board of Education found itself garnering national attention as its chair, Don McLeroy, led a debate over the role of evolution in textbooks. As controversy gathered, McLeroy, a creationist, found himself without the necessary two-thirds support for confirmation by the state Senate. And suddenly Lowe — with Senate approval — found herself in charge of the board.

Despite attempts during the legislative session to curtail its power, the state board wields significant power over public education. Among their duties, members set the Texas Essential Knowledge Standards in each subject area, determining what must be taught in schools. Partisan elections determine the members and the governor appoints one, with Senate consent, to lead the board.

A strong social conservative, Lowe compares herself to other moms who populate PTA meetings and football games. Warm but shy, she's an unlikely politician.

"I just don't enjoy seeing my name in print," she said. "I would rather be back behind the scenes doing my job than to be upfront being the spokesperson."

This stands in stark contrast to McLeroy, who often courted attention in his efforts to push the SBOE in a more conservative direction.

"As a chairman, I don't push my ideas and my agenda," Lowe said. "I think [my role] is to facilitate other members doing that."

Lowe counts McLeroy as a "visionary" and one of her best friends on the board but acknowledges the difficulties of his approach. "I think he was seen as polarizing because he was very outspoken about his views," Lowe said. "I think some who were looking for a bone of contention used that against him as if he was creating a divide among members because in his role as chairman, perhaps he shouldn't have taken such outspoken positions."

McLeroy now faces a reelection challenge from Republican Thomas Ratliff, a lobbyist whose father, former Sen. and Lt. Gov. Bill Ratliff, is now outside government pushing education reform.

Her manner may differ from McLeroy's, but Lowe's positions, for the most part, do not. "I would think we share very similar philosophies and outlooks. Except he's a talker and I tend to be more the listener."

And while she hopes to serve as a moderator, she won't be pushing for agreement and conciliation. "I'm not good at crossing the aisle and working with those who hold opposite but also very strong principles," she said. "I recognize that we hold very different opinions and I'm just not very good at the compromise. I'm just not good at forging that and I think other board members are. And I appreciate their role. And it does make it easier for me to say, you're willing to come this far, I'm willing to come that far."

The board has just begun its review of the social studies curriculum, and while the potential for drama might not be as high as it was for biology, that doesn't mean the process will be smooth. Already there have been allegations that the conservative members are pushing out figures like César Chávez and Thurgood Marshall in favor of Republican heroes. While Lowe is adamant that Chávez and Marshall are simply moving from the "citizenship" section to "civil rights," she acknowledges, "some of the bean counting on gender and ethnic background have begun which hold potential for public debate and public disagreement."

For now Lowe will focus on the maintaining the rules on the board. Despite her conservative views, she won't be the revolutionary McLeroy was.

"I'm not the visionary and the thinking outside the box person," she said. "I'm more the nuts and bolts administrative type."

Rat Race

By Emily Ramshaw, The Texas Tribune


A bill lawmakers passed to prevent doctors and attorneys from so-called "ambulance chasing" faces a constitutional challenge from — who else? — a chiropractor and a lawyer.

The bill, which passed last session, prohibits doctors and lawyers from peddling their services to accident victims on the phone or in person within 30 days of the injury. The measure, which went into effect this month, also applies to lawyers who approach people accused of traffic crimes.

Supporters say the measure doesn't prevent accident victims or traffic defendants from seeking out medical care or legal representation.

"We're trying to prohibit conduct that results in economic gain to a few people who are participating in an activity that is offensive to mainstream lawyers and chiropractors," said Rep. Todd Smith, R-Euless. "Existing case law makes it clear that these sorts of prohibitions are safe so long as they're limited to some reasonable period of time."

But opponents, including the attorney and chiropractor who filed suit, say it violates their constitutional rights to free speech by limiting their ability to distribute brochures or refer clients. They say the bill goes so far as to criminalize a satisfied patient who recommends a doctor to a friend.

And because the measure doesn't affect billboards or TV and radio ads, they say, it gives an advantage to big legal and medical firms – and could harm small businesses.

The case will be in federal court in Austin next week.

Houston attorney Martyn Hill, who represents the chiropractor and the attorney, said Smith's bill is "extremely over-broad" and "totally misses the target."

"They should prohibit lawyers from accepting cases from medical professionals on a quid pro quo deal, which is what's been going on for a long time," he said. "Let's focus on what the wrong conduct is, rather than stopping things I don't think people intended for them to stop."

Third time's the charm?

By Brandi Grissom, The Texas Tribune


El Paso District Judge Bill Moody said Monday that he plans to make a third run for the Texas Supreme Court. The Democrat said he would announce his candidacy at an El Paso event Oct. 7 and in Austin on Oct. 8.

Moody — father of state Rep. Joe Moody, D-El Paso — ran twice before for the state's highest civil court. He lost in 2002 to now Chief Justice Wallace Jefferson.

Despite walking, literally, from one end of the Lone Star state to the other in his 2006 campaign against Justice Don Willett, Moody also lost that race. He was, however, the highest vote getter on the Democrats' statewide ticket that year.

Might the third time be the charm?

"That's what people are telling me," Moody said.

Moody wouldn't say which seat he plans to run for. There are three Supreme Court seats up for election this year: place 5, now held by Justice Paul Green; place 3, now held by Justice Harriet O'Neill; and, place 9, vacated by retired Justice Scott Brister.

Moody said he has another unconventional campaign plan in the works, but he's not saying just yet what he's got in mind. The plan definitely does not include more walking, though, he said. "It's going to be something bigger," Moody said. "It's going to be something that's never been tried again, and I think it ought to be pretty exciting."

Running Shoes

Former Rep. Rick Green, R-Dripping Springs, is looking at the open seat on the Texas Supreme Court. He's filed a treasurer report with the state and has started emailing potential supporters. Justice Harriet O'Neill won't seek reelection next year, and Justice Scott Brister resigned a few weeks ago to go into private law practice. His seat will have an appointee in it, presumably running for a full term, but O'Neill's will be an open shot, with no incumbent on the ballot. Green lost his seat in the House to Rep. Patrick Rose, D-Dripping Springs.

• For your list: Rep. Dan Flynn, R-Van, says he'll seek a fifth term in the Texas House. That's HD-2.

• Republican Glenn Bass will run for the Texas House seat now held by Democrat Donna Howard of Austin. She's not leaving, so expect a fight. Bass is a banker-turned-investor; Howard's been in the House since 2006, when she won what had been a Republican seat in a special election.

• GOP gubernatorial candidate Debra Medina will be the first one in that race to put commercials on the air, going up for one day this week (Thursday) in one market (Austin) on one cable channel (CNN). One line: "The current elected officials have forgotten about serving Texans. These officials have brought economic ruin to our nation and have imposed government into all aspects of our lives."

Help Wanted

By Matt Stiles, The Texas Tribune


More than two-dozen people have asked Gov. Rick Perry to appoint them to replace former Texas Supreme Court Justice Scott Brister, who resigned recently to return to private practice. At least 27 lawyers and judges from across the state asked to be considered for the state's highest civil appellate court, which pays $150,000 a year, according to records released by Perry's office.

The applicants include:

Wade Birdwell, Lawyer, Wallach & Andrews

Jeff Boyd, lawyer, Thompson & Knight

Harvey Brown, Lawyer, Wright Brown & Close

Jeff Brown, Justice, Texas Court of Appeals, 14th District

Tracy Christopher, Judge, 295th District Court

John Donovan, Director of Judicial and Legal Issues for Harris County Judge Ed Emmett

David Gaultney, Justice, Texas Court of Appeals, 9th District

Tom Gray, Chief Justice, Texas Court of Appeals, 10th District

Eva M. Guzman, Justice, Texas Court of Appeals, 14th District

Martha Hill Jamison, Senior Adviser, Harris County Tax Assessor-Collector

Evelyn Keyes, Justice, Texas Court of Appeals, 1st District

Douglas Lang, Texas Court of Appeals, 5th District

Liz Lang-Miers, Texas Court of Appeals, 5th District

Debra Lehrman, Judge, 360th District Court

Renee McElhaney, Lawyer, Cox Smith, Inc.

Robert Pemberton, Texas Court of Appeals, 3rd District

David Schenck, Lawyer, Jones Day

Shawn Stephens, Lawyer, Baker Hostetler

Rebecca Simmons, Justice, Texas Court of Appeals, 4th District

Rick Strange, Justice, Texas Court of Appeals, 11th District

Kent Sullivan, First Assistant Texas Attorney General

Susan Vance, Lawyer, Lawyer, Alexander Dubose

Rose Vela, Justice, Texas Court of Appeals, 13th District

Alan Waldrop, Texas Court of Appeals, 3rd District

Betsy Whitaker, Lawyer

Randy Wilson, Judge, 157th District Court

Dana Womack, Judge, 348th District Court

The eventual appointee would finish Brister's term and presumably face re-election in 2010.

Benkiser Steps Down

Tina Benkiser will join Gov. Rick Perry's reelection campaign, leaving the chairmanship of the Texas Republican Party after six years in that post.

Benkiser, a Houston attorney, will start as a "senior advisor" to the Perry campaign on Monday. She told the State Republican Executive Committee of the change last weekend. And the Perry campaign press release announcing the move included a stinger from the GOP leader directed at Perry's rival for the governorship, U.S. Sen. Kay Bailey Hutchison.

"I am stepping down as chairman so that I can enthusiastically support the only true conservative in the Texas governor's race, Governor Rick Perry," Benkiser said. "Gov. Perry loves Texas and he cares about Texans. He has shown leadership when Washington has not, and he has shown courage when others have bailed."

No replacement has been named. Early speculation about the posting centered on former Texas Secretary of State Roger Williams, an idea quickly disavowed by his political consultants. Williams has a conflict: He's running for U.S. Senate if Hutchison steps down to jump into the governor's race. It might actually help someone in his position — waiting for Hutchison — to take the party post and get to know the folks all over the state who'd be needed for a Senate race if that comes to pass. And in the right hands, the chairmanship can be used to generate news, attention, and the kind of name ID that comes in handy in a statewide political race.

Benkiser became chairman in 2003 and presided over the party while it was, on one hand, increasing the number of local-level Republican officeholders and losing elections in the Legislature and in the state's two biggest counties, Dallas and Harris. Dallas, which has flipped on the countywide level from red to blue, is a particular trouble spot for the GOP right now.

"Kay Bailey Hutchison, a lifelong Republican, is committed to growing the party, like Ronald Reagan," said Jennifer Baker, speaking for Hutchison. "She looks forward to working with a new chairman to reinvigorate Texas Republicans and increase our majorities in the Legislature."

States Struggling to Fund Medicaid

By Emily Ramshaw, The Texas Tribune 


States are struggling mightily to fund Medicaid services in one the deepest recessions in recent history, according to a 50-state health care study released by the Kaiser Commission on Medicaid and the Uninsured.

States, many of them strapped by budget shortfalls, overwhelmingly reported being saved by the federal stimulus package, and said without it, they would have been forced to make serious cuts in Medicaid eligibility.

"Stimulus funds preserved Medicaid funding for millions of beneficiaries," said study author Vernon Smith, a principal with Health Management Associates.

Still, 38 states reported making rate cuts in the last fiscal year to fund an average 5.4 percent increase in Medicaid enrollees — a surge fueled by rising unemployment.

States like Texas commonly turned to other cost saving measures, such as relying on preferred drug lists, expanding managed care and using electronic medical records.

But many states said they said they fear it will be a long time until the economic recovery curbs their uninsured populations. They expect Medicaid enrollment to grow by an average 6.6 percent this year — the largest hike rate since 2002.

And they worry about the effect a federal health reform bill will have on Medicaid eligibility.

"We know the recession has had a huge impact on state budgets," said Robin Rudowitz, principal policy analyst at the Kaiser Family Foundation. Demand for services is rising "at a time when states can least afford it."

• It's no secret that a quarter of all Texans have no health insurance. But a new county-by-county comparison of census data, compiled by the state demographer and distributed by Rep. Garnet Coleman, D-Houston, highlights the state's worst offenders. (Maps are available here.)

The border counties are, unsurprisingly, the hardest hit. Of counties with more than 20,000 residents, Hidalgo County tips the scales with 38 percent of its population uncovered; Webb County has a 36 percent uninsured rate.

Of the state's five largest counties, Dallas has the worst uninsured rate, at 30 percent — despite being flanked by two of the best-insured counties in Texas.

When it comes to uninsured children, the Texas panhandle fares as poorly as the border.

Central Texas has higher rates of insurance than any other region in the state, the result of a high concentration of government jobs. Bell, Brazos and Coryell counties all have more than 85 percent of their residents insured.

Political People and Their Moves

Joey Longley, recently retired head of the Sunset Advisory Commission, is joining the Blackridge lobby firm in Austin. He'll advise clients on how to deal with issues at the Sunset Advisory Commission.

Chris Cutrone is joining Gov. Rick Perry's government press office, moving there from the Office of Public Utility Counsel. He was previously in then-Speaker Tom Craddick's press office.

Gov. Rick Perry appointed Williamson County District Attorney John Bradley of Georgetown and Dr. Norma Farley, chief forensic pathologist for Cameron and Hidalgo counties, to the Texas Forensic Science Commission. Bradley was named chairman and promptly canceled a hearing on a controversial arson case.

Wedding bells rang for state Sen. Eliot Shapleigh, D-El Paso, this weekend in the tiny old mining town of Shafter, near Big Bend National Park. On Sunday, Shapleigh, 56, married Joyce Feinberg, of El Paso, former executive director of the Sun Bowl, former chief assistant to former El Paso Mayor Ray Caballero, and Shapleigh said, "an absolutely stellar person." It was a small ceremony, attended by six people, including the bride and groom, he said. Shapleigh divorced his first wife, assistant El Paso County attorney Lee Shapleigh, last year.

Quotes of the Week

Jim Guimarin, owner of a shop near the Alamo, quoted in the San Antonio Express-News on the Daughters of the Republic of Texas, who watch over the historic site: "They usually get around to doing what needs to be done. You'd have to go to their meetings to know when and how they'll get it done. And of course, no one's been allowed to do that."

Lt. Gov. David Dewhurst, quoted in the Rio Grande Guardian from a speech in South Texas: "We have two wars everyone talks about going on. One is in Iraq and one is in Afghanistan. We've got a third going on and that's the border where we've got billions and billions of dollars worth of dangerous drugs and we've got heavily armed men carrying those drugs across."

McAllen Chamber President and CEO Steve Ahlenius, reacting, in the same publication: "I think that is one of the challenges we have as a region, how to offset some of those images because it does send the wrong message. I think it scares people unnecessarily and those of us that live here in this region know it is very safe."

Sen. Eddie Lucio Jr., D-Brownsville, in the Rio Grande Guardian: "We deserve to have at least three congressional districts anchored in the Valley and going north. I will work to that effect next session and I will seriously look at running for one of those seats."

Former Rep. Sherri Greenberg, who now teaches at the University of Texas' LBJ School of Public Affairs, in The Dallas Morning News: If you are looking for benefits, you don't move to Texas."


Texas Weekly: Volume 26, Issue 37, 5 October 2009. Ross Ramsey, Editor. Copyright 2009 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

The Texas Farm Bureau's political action committee — called AGFUND — endorsed Kay Bailey Hutchison over Rick Perry in the 2010 race for governor, saying they split with the governor on eminent domain and the Trans-Texas Corridor.Perry has won the group's endorsement almost every time he's run for statewide office — the exception coming in 1998, when the group endorsed Democrat John Sharp over Perry for lieutenant governor. Perry won that race and the group endorsed him the first two times he ran for governor. They've endorsed Hutchison every time she has been on the ballot since 1990, when they were encouraged — by Perry — to back her bid for state treasurer. Their strategy was to endorse everyone running against a Hightower, for impact. Perry beat Democrat Jim Hightower and Hutchison defeated Democrat Nikki Van Hightower that year. Steve Pringle, the group's legislative director, said Perry's support of the Trans Texas Corridor and his 2007 veto of an eminent domain bill sealed the deal. They'll back Hutchison, primarily through contact with their 400,000 member families. That includes people who joined the Farm Bureau for traditional reasons and those who are its insurance customers; Pringle said there are about a million voters in the families that get the association's publications. The Farm Bureau didn't endorse in the Democratic primary. "We generally pick one candidate and stay with them as long as they're standing," Pringle said. Standing in the stables of a ranch in Waco gave Hutchison the opportunity to take on "Austin insiders and lobbyists." In a new twist to her stump speech, Hutchison added a call for a cap on campaign contributions and an end to the "revolving door" of lawmakers becoming lobbyists. Currently, there's no limit for campaign contributions in governor's races Texas. This year Hutchison's campaign accepted more than $2.3 million in individual contributions of more than $25,000, according to her July state campaign-finance report. That total included six $100,000 donations, records show. But her average donation amount during the first half of the year was $860. Hutchison didn't suggest where to set the limit. "There have to be some details worked out. But I do think that there should be some amount beyond which we don't go. There shouldn't be the impression that people can buy their way in order for the governor to meet with people," she said. —Elise Hu in Waco and Matt Stiles in Austin contributed to this story.

by Evan Smith, The Texas Tribune During the end-of-show roundtable on yesterday's edition of Meet the Press, in response to a comment by Washington Post columnist E.J. Dionne that Rick Perry may win the Republican primary for governor against U.S. Sen. Kay Bailey Hutchison "because he talked about secession," Republican consultant Mike Murphy — the media darling who has long been close to John McCain — said the following:

"That one line which you're deducing a complete definition of Perry from, who I oppose in that primary, is not the reason he's going to win."

Close observers of the coming Republican battle for the Texas statehouse were left to wonder: Was Murphy, who isn't working for either candidate, really endorsing Hutchison? Was he saying that he thought she was going to lose? And if secession isn't the reason he thinks Perry's going to win, what is?

I emailed those questions to Murphy this morning. While he confirmed that the candidate he supports isn't the incumbent, he seemed to backpedal on his prediction of how the race would turn out. His email:

"I haven't looked at tape or transcript, but I didn't think I made a firm prediction that Perry would that primary. I certainly did not intend to and it is not my view. I think the race is close and could go either way. I thought, at least, that I said that if Perry wins the primary and indeed he might, the TX secession talk will not be the big reason. And I am not saying that as a Perry supporter. I was trying to knock down EJ's distorted point defining [the] GOP solely as Perry and then solely [defining] Perry as a secession issue candidate.

"Anyway, my view is this: I am for Kay. Not sure who wins, I think it will be a tight race; could go either way. I think Perry's strength is that he is a strong campaigner, has the strength of incumbency and is well connected to some key elements of the party base. I think Kay has a wider appeal to the larger electorate and a stronger vision of where the GOP should go in the future. I think she would make the better Governor."

After a week marked by a forensic science commission shakeup and a webcast screw-up, Gov. Rick Perry is drawing fire from all directions in the blogosphere. The captains of the keyboard are also talking about other candidates for office, the race for state GOP chair and what's on the ballot next month. Accusations leveled at a former House Speaker lead off the final section.

* * * * *

Bad Hair Week

Perry replaced three of his four appointees to the Texas Forensic Science Commission just before the group's scheduled meeting on the case of Cameron Todd Willingham, whose death sentence scientists now say was based on faulty science. (We wrote about it here.) "The exercise of raw power is truly stunning to behold," the Texas Observer's Contrarian says. The blogger later speculates that Perry wanted to delay the commission's conclusions until after the March primary. "Perry's people have made the calculation that taking their lumps now is better than the alternative," the blogger says.

While Grits for Breakfast goes into detail on the subject of the commission's meeting, BurkaBlog weighs in on Perry's reasoning for shuffling the commission: "He was about to be embarrassed, and not just in Texas but nationally." And Off the Kuff wins Headline of the Week award for a post urging a specific course of action by new commission chair, Williamson County District Attorney John Bradley, titled, "It's not too early to reschedule that meeting."

Dog Canyon, who frequently visited Death Row in the '70s and '80s as a Houston Chronicle reporter, says that Perry "may have violated federal law" by obstructing the commission's work. Find more from the same blogger here. And the Houston Chronicle's Texas Politics has (negative) reaction to Perry's decision from opponent Kay Bailey Hutchison.

Various bloggers filed reports following the alleged hacking of the live broadcast of Perry's announcement speech (our take here). The Austin American-Statesman's Postcards was able to tune in, but the Texas Politics was not. Interestingly, the Internet guru referred to Texas Politics by the Hutchison campaign says the explanation offered by Perry's Web person makes sense. However, Burnt Orange Report thinks Perry's team is making up stuff to cover its own error.

Everyone will find out soon enough, because the FBI is looking into it, according to the Dallas Morning News's Trail Blazers, who reminisces about the 1986 Mark White-Bill Clements gubernatorial contest, featuring Karl Rove and a "bug." But In the Pink thinks the FBI agents should look into Willingham case rather than "finding the homeschooled 12-year-old perpetrator who wreaked havoc on Perry's video."

The Chronicle's Texas on the Potomac talks to Texas economists on the topic of Perry's claims about the state's economy. Here's the Cliff's Notes version: Texas is "absolutely" in a recession; things aren't getting better, or worse right now; some places are doing better than others (Austin is faring better than Houston); and, it doesn't look like Texas will be leading the recovery (blame low energy prices).

Burka is indifferent to the long list of endorsements for Perry, saying they are from ultraconservative groups that Perry didn't have to work hard to woo. Elsewhere, Burka slams Perry's purported agenda if re-elected as governor, alleging that Perry is ignoring the basic problems confronting the state. "It's all politics, all the time," Burka says. In a follow-up post, Burka takes the time to respond to a frequent commenter who called him a Democrat. (So for all of you who troll blogs seeking a reaction, there's hope.) In related news, the Observer's Purple Texas labels Burka a "conservative blogger," garnering thanks from Burka in the comments.

Some kudos were given to the Perry campaign this week: One of the newer members of Team Perry, LatinWorks, took home a ton of trophies from the Hispanic Creative Advertising Awards in September, reports the Statesman Business Blog. Meanwhile, the Chronicle's Texas Politics pairs up videos on the bailout released by the Perry and Hutchison campaigns. And the Observer's Forrest for the Trees says Hutchison is either mistaken or lying about climate change legislation.

* * * * *

Run, Run, Run

Vince Leibowitz of Capital Annex is officially flacking for Democratic gubernatorial candidate Hank Gilbert. Meanwhile, WhosPlayin posts video of U.S. Senate candidate John Sharp and U.S. Congressional candidate Neil Durrance, both Democrats. And Potomac posts a letter from B.A. Bentsen asking for money on behalf of U.S. Senate candidate Bill White.

Burnt Orange turns over the blog to guest poster Kurt Kuhn, who is a Democrat running for Texas' Third Court of Appeals and is holding a fundraiser at an Austin establishment on Wednesday, hosted by local politicos including Sen. Kirk Watson and most of the Austin-area Democratic state Reps. And U.S. Rep. Pete Olson talks NASA, heath care reform and cap-and-trade legislation with folks during a live-chat hosted by Potomac.

The Statesman's First Reading puts together its version of "The endangered list" of five House members facing tough re-election challenges. (We'll mesh the blogger's list with our Texas Weekly Index ratings of district competitiveness ­— the closer to zero the number is, the more competitive the district will be in a general, in theory.) Rep. Leo Berman, R-Tyler, is facing a primary challenge from former Tyler Mayor Joey Seeber (TWI of 40.7 in the GOP's favor, making it a March and not a November race). Rep. Kristi Thibaut, D-Houston, could be in a rematch against former Rep. Jim Murphy, R-Houston (TWI of 9.5 in the GOP's favor). Rep. Dwayne Bohac, R-Houston, is involved in a controversy involving Harris County voter registration (TWI of 15.1 in the GOP's favor). Rep. Linda Harper-Brown, R-Irving, has drawn a Democratic opponent, Loretta Haldenwang (TWI of 8.3 in the GOP's favor). Rep. Terri Hodge, D-Dallas, is fending off an indictment and a primary challenger named Eric Johnson (TWI of 61.2 in the Democrats' favor; March, not November). In the last contest, Johnson is claiming to have raised more than $100,000 since the last report in July, Trail Blazers reports.

Rep. John Davis, R-Houston, has drawn an opponent from his right, Bay Area Houston notes. The blogger doesn't think Mary Huls has a serious chance at beating Davis, but will goad him into dragging the sack during the primary season. Latino-oriented blog La Plaza hosts a post by Rep. Trey Martinez Fischer, D-San Antonio, who has his own blog called Poli-Tex.

Eye on Williamson links to a Texans for Public Justice report on Texas campaign finance in 2008, called Money in PoliTex (which presumably has no relation to either the Martinez Fischer's Poli-Tex or the Fort Worth Star-Telegram's PoliTex). And former Statesman reporter Bob Elder posts parts of his responses to the candidate questionnaire for Employee Retirement System of Texas trustee.

* * * * *

Open Chair

The Statesman's Postcards talks to the Texas Eagle Forum's Cathie Adams, who is running for the chairmanship of the Texas GOP. (The screaming you hear is coming from TFN Insider.) Postcards also touches base with consultant Craig Murphy, who says that former Texas Secretary of State Roger Williams isn't interested in that position.

Pointing out that the chair and vice-chair of the party can't be of the same gender, Texas Politics says GOP vice-chair and male Robin Armstrong doesn't want to be the leader, either. That means only females need apply for the job left open by Tina Benkiser's departure. Melinda Fredricks, from SD-4, threw her name in the hat on the day Benkiser's resignation was official.

* * * * *

Amend Corner

Blue Dot Blues prints a little something on each of the 11 constitutional amendments on the November 3 ballot. Check them all out here. Off the Kuff points us to a similar project by Rep. Scott Hochberg, D-Houston, who links to even more info. Red Ink: Texas has summaries of all the amendments, with some editorializing on the side.

* * * * *

Potpourri

Texans for Public Justice is going after former House Speaker Tom Craddick for allegedly sneaking money, illegally, to Democrats he liked, according to Texas Watchdog. In other legal news, Ellis County Observer's Joey Dauben is out of jail, but he hasn't gotten his computer equipment back from law enforcement, so stay tuned.

Tex Parte Blog was in the audience for a talk at SMU by U.S. Supreme Court Justice Clarence Thomas, who weighed in on the value (or lack of value) of oral arguments before the court. Watchdog links to resources on Texas' open records laws and transportation spending. And TFN Insider castigates designated state school board social studies expert David Barton for writing (twice) in a report that middle-schoolers should learn about "Rosa Parks at the lunch counter." It was a bus, children.


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.

by Elise Hu, The Texas Tribune U.S. Sen. Kay Bailey Hutchison, speaking in Waco on Monday, called for limits on campaign contributions in state races.

El Paso's Bill Moody, a state district judge who ran unsuccessfully for the Texas Supreme Court in 2006, will run for the seat held by Republican Justice Paul Green next year. Moody, a Democrat, fell short four years ago — losing to Republican Don Willett — but out-performed every other Democrat running on a statewide ticket that year. Moody came in with 44.8 percent that year. Since then, his son has joined the state Legislature: Joe Moody successfully ran for a spot in the Texas House, winning what had been a Republican seat. Now, both Moodys will be on the ticket.

by Julian Aguilar, contributing writer, The Texas Tribune In a place where a surname could carry with it perks that range from getting out of a speeding ticket to a landslide election victory, a newcomer from the Rio Grande Valley with name recognition is insisting he is his own man.

His opponent, a two-time candidate married to a former elected official, is also taking steps to be an independent voice despite the benefits that come with name-dropping in Texas politics.

Sergio Muñoz, Jr., 27, is the son of former Rep. Sergio Muñoz. He will face Sandra Rodriguez, the wife of former state District Judge Fernando Mancias, in his bid to replace embattled Rep. Ismael "Kino" Flores, D-Palmview.

Flores announced last month he would not seek reelection for another term in HD-36 following his indictment by a Travis County grand jury for allegedly failing to disclose required information on personal finance statements.

In the world of Texas border politics where patronismo — the long-standing tradition of bully politics and quid-pro-quo campaigns — runs rampant, Muñoz Jr. realizes he is prone to attacks accusing him of being from the old guard.

Not so, he said.

"The decision to run was made on my own and I am thankful to have the support of my family," he said from his law office in Edinburg.

Rodriguez could be considered the savvy veteran in the race after losing the 2008 Democratic Primary to Flores by less than 1,000 votes, or about four percent.

The former school-board trustee for the Pharr-San Juan Alamo Independent School District said that one aspect of patronismo politics has taken a back seat this time, with Flores out of the running.

"People are not intimidated anymore," she said. "People will sit down and talk to me."

Rodriguez' experience as a candidate has at least one Rio Grande Valley heavyweight predicting she will be part of 2011's freshman class.

"While he (Muñoz) has some name recognition, it's his first time running and so he's going to have to get organized pretty quickly," said State Sen. Juan "Chuy" Hinojosa, D-McAllen. "The additional plus is that she's a woman," he added.

"Here in Hidalgo County women tend to vote for women," Hinojosa said. "It's just a trend that's taking place here in South Texas. You look at the (Thirteenth) Court of Appeals. Out of six judges, five are women."

He stopped short of endorsing anyone and said he would support the eventual Democratic candidate. He cautioned, however, against leaning too much on the "double-edged sword" of a familiar political name.

"It could be positive or it could be negative, but my take is that people will associate Sergio Muñoz Jr. with his dad," he said. The perceived allegiance in the district between the Muñoz and Flores families might not bode well for the younger candidate either, he added.

"They could be very loyal to Rep. Flores and probably follow his lead but at the same time, as we all know, Rep. Flores has some issues," said Hinojosa.

Muñoz said he plans to reach out to state Reps. Eddie Lucio III, the San Benito Democrat and son of Sen. Eddie Lucio Jr., and Solomon Ortiz Jr., D-Corpus Christi, the son of U.S. Rep. Solomon Ortiz Sr. Those lawmakers have been able to make their own paths, he said.

Married to a former state district judge, Rodriguez also could depend on a proven ballot name. She's chosen not to, using her name instead of his.

"Going back to the patrón system, there were men who had a hard time supporting me to run with the Rodriguez last name," she said. "They kept telling me, 'You need Mancias to win. You need Mancias.' I've been out there and I've always been Sandra Rodriguez."

Next year's primary election will likely determine the seat, despite a new effort by the Republican Party of Texas to convince Hispanics in traditionally Democratic districts to look its way.

Texas GOP Executive Director Eric Opiela, a native of South Texas, conceded the party could be more proactive, particularly on the border, and that putting forth a winning Republican candidate in HD-36 next year was more than a long shot. But fans of Spanish-language media outlets should expect to hear more messages from the GOP that it is the party that best represents Hispanic values.

And in a move reiterating that name-dropping is not just enlisted by Hispanic Democrats, Opiela said the Texas GOP has recruited George Prescott Bush, grandson of Bush (41) and nephew of Bush (43) to deliver Spanish-language messages on Univision stations across the state.

Add to that a small list of "shining stars" already in the Rio Grande Valley, like Cameron County Judge Carlos H. Cascos, and GOP prospects are improving along the border, Opiela said.

Hinojosa sees no cause for alarm.

"I think Republicans have shot themselves in the foot," he said. "When they criticize the immigration policies their shots are so broad that they don't differentiate between Hispanics who are here legally and those who are not."

A year before the 2000 General Election, Bush held a slight advantage – about 2 percent – among Texas' Latino voters over Vice President Al Gore, according a poll conducted by the Willie C. Velasquez Institute. At the ballot box during the General election, however, Bush landed only 33 percent of that vote to Gore's estimated 66 percent. Later, Bush's support for construction of the border fence enraged many Texas Hispanics and contributed to the president's plummeting approval ratings his second term.

Political People and their Moves

By Matt Stiles, The Texas Tribune More than two-dozen people have asked Gov. Rick Perry to appoint them to replace former Texas Supreme Court Justice Scott Brister, who resigned recently to return to private practice.

At least 27 lawyers and judges from across the state asked to be considered for the state's highest civil appellate court, which pays $150,000 a year, according to records released by Perry's office.

The applicants include:

Wade Birdwell, Lawyer, Wallach & Andrews

Jeff Boyd, lawyer, Thompson & Knight

Harvey Brown, Lawyer, Wright Brown & Close

Jeff Brown, Justice, Texas Court of Appeals, 14th District

Tracy Christopher, Judge, 295th District Court

John Donovan, Director of Judicial and Legal Issues for Harris County Judge Ed Emmett

David Gaultney, Justice, Texas Court of Appeals, 9th District

Tom Gray, Chief Justice, Texas Court of Appeals, 10th District

Eva M. Guzman, Justice, Texas Court of Appeals, 14th District

Martha Hill Jamison, Senior Adviser, Harris County Tax Assessor-Collector

Evelyn Keyes, Justice, Texas Court of Appeals, 1st District

Douglas Lang, Texas Court of Appeals, 5th District

Liz Lang-Miers, Texas Court of Appeals, 5th District

Debra Lehrman, Judge, 360th District Court

Renee McElhaney, Lawyer, Cox Smith, Inc.

Robert Pemberton, Texas Court of Appeals, 3rd District

David Schenck, Lawyer, Jones Day

Shawn Stephens, Lawyer, Baker Hostetler

Rebecca Simmons, Justice, Texas Court of Appeals, 4th District

Rick Strange, Justice, Texas Court of Appeals, 11th District

Kent Sullivan, Justice, Texas Court of Appeals, 14th District

Susan Vance, Lawyer, Lawyer, Alexander Dubose

Rose Vela, Justice, Texas Court of Appeals, 13th District

Alan Waldrop, Texas Court of Appeals, 3rd District

Betsy Whitaker, Lawyer

Randy Wilson, Judge, 157th District Court

Dana Womack, Judge, 348th District Court

The eventual appointee would finish Brister's term and presumably face re-election in 2010.

mailto:mstiles@texastribune.org

by Matt Stiles, The Texas Tribune Gov. Rick Perry today appointed state appellate court justice Eva Guzman to the Texas Supreme Court.

Guzman, now a member of the 14th Court of Appeals in Houston, will replace Scott Brister, who left the bench last month to return to private practice. [Her bio is online here, and you can find a copy of her application with the governor's appointments office here.]

One of at least 26 applicants for the job, Guzman, 48, will be the first Latina on the court and Perry's first female appointment to the panel. The governor has selected at least seven other justices since March 2001.

"Justice Guzman is known throughout legal circles as a strict constructionist with an unmatched work ethic, and has demonstrated a proven record of sound jurisprudence," the governor said in a written statement. "I am proud to appoint this principled, conservative judge as the first Hispanic woman on the Supreme Court of Texas."

Guzman is married to a police sergeant and graduated from Austin High School in Houston in 1979. She earned a bachelor's degree from the University of Houston before attending the South Texas College of Law, where she graduated in 1989.

She has been a state judge since 1999, first at the 309th District Court before being appointed by Perry to the appellate post in 2001. She won re-election in 2002 and 2004.

mstiles@texastribune.org

by Brandi Grissom, The Texas Tribune El Paso district Judge William "Bill" Moody plans to float his Texas Supreme Court campaign message to Texans next year.

Literally.

Moody, who is making his third run for the state's highest civil court, said Thursday he plans to use a bright orange blimp in his campaign to become the first Democrat elected to statewide office in more than a decade.

"Our plan is to fly across Texas stopping in dozens of counties to listen and talk to the voters... and impress upon them the importance of the Texas Supreme Court," Moody said.

It won't be Moody's first unorthodox campaign.

Moody — father of state Rep. Joe Moody, D-El Paso — ran twice before for the court.

He lost a conventional campaign in 2002 to now Chief Justice Wallace Jefferson.

Then, in 2006, he walked more than 1,000 miles, from one end of the Lone Star state to the other, in his campaign against Justice Don Willett.

Moody said the idea for the blimp campaign came to him when he saw a dirigible overhead as he trekked through Central Texas in 2006.

"I said, 'You know, there might be an easier way to do this,'" Moody recalled.

Moody lost the 2006 race, but he was the best performer on the Democrats' statewide ticket that year, with nearly 45 percent of the vote.

This time, Moody plans to run against Justice Paul Green for Place 5 on the court.

He said he thinks his chances for success are better in 2010 because recent elections have been trending toward Democrats in Texas' largest urban counties.

Moody said he doesn't plan to launch the blimp until then end of the campaign, because renting a blimp isn't cheap. Moody said he estimates it will cost $400,000 to $500,000 to use one for just a month or two, and said he's still looking for a pilot to fly the thing.

The blimp, he said, is just a tool to help get out his message of reform for the court.

Big campaign contributors have too much sway in the court's judicial decisions, Moody said, and justices should be chosen in non-partisan elections separate from the primary and general elections.

"Justice is not Democrat or Republican, and the people who come before the courts do not want political judges," Moody said.

The Moody blimp will launch from El Paso and head to points eastward next fall.

bgrissom@texastribune.org

Who'll head the Texas GOP?

Cathie Adams, head of the Texas Eagle Forum and a prominent endorser of Gov. Rick Perry, says she's running for chairman of the Texas Republican Party. Tina Benkiser, the Houston attorney who had that job, left to work directly for Perry's campaign. Adams says she wants the job now and for a full term after the party's convention in June, and says simply that she wants to bolster Republicans' chances of winning elections.

Tom Mechler of Amarillo is running for party chair at the GOP convention next summer. That's the regular election time for the spot and it's open to both genders, so long as the vice chair is not the same gender as the chair. Mechler is on the State Republican Executive Committee (SREC) and says in his pitch that the party is in a time of "crisis" because its "ranks are being fractured" — that'd be a reference to the race at the top of the ballot — and because of "a lack of a consistent message being offered to the voters." He's also a Perry appointee, serving as vice chairman of the Texas Board of Criminal Justice.

Melinda Fredricks, a former SREC member from Conroe, wants to run and serve only until the June 2010 election. " I have worked for decades to build a Republican Majority, and I am deeply concerned the work many of us have done is in grave danger after two poor election cycles," she said in an email to the SREC members who'll pick someone to finish Benkiser's term. She's a Perry appointee, too, to the Texas Alcoholic Beverage Commission now, and previously to the Texas Medical Board.

Democrats are expected to be in the hunt, but Eva Guzman will have a primary opponent even though she's got Perry's seal of approval.

Rose Vela, who had already said she'll be running for that seat in next year's Republican primary, followed the Guzman announcement by saying she'll stay in the race. That could be lively, what with a noisy governor's race that could increase attention on politics and on other races like this one. She was a district court judge and has been on the 13th Court of Appeals since 2006. She's also going to be in mid-term next year; if she wins, she's on the Supreme Court, and if she loses, she keeps her current job.

Only the Guv knows why he picked a Latina from Houston instead of one from South Texas, but here's one bug in the soup: Vela's husband, Filemon Vela Jr. (his dad was the late and well-known federal judge), gave $4,000 in two installments to the gubernatorial campaign of one Kay Bailey Hutchison, who is running against the guy who was in charge of the appointment. It couldn't have helped.

Put a marker here for analysis later. If the two judges stay in, and if they're tied — by their own or by other hands — to the gubernatorial candidates, their fates could rise or fall with Perry and Hutchison. That's an insider game, but this is, after all, a primary election.

Endorsements, candidates, money, and rap music...

Democrat John Sharp picked up an endorsement from Sen. Leticia Van de Putte, D-San Antonio, in his bid for U.S. Senate. That's a slap to Houston Mayor Bill White, who's also in the hunt. Whether they actually get to run is up to U.S. Sen. Kay Bailey Hutchison, who has said she'll quit that post to concentrate on her campaign to knock off Gov. Rick Perry. Sharp and White are, so far, the only Democrats to express serious interest in her job. Van de Putte leads the Democratic caucus in the Texas Senate and has been involved in Party affairs at the national level, too.

• Maverick County Judge Jose "Pepe" Aranda Jr. told the Rio Grande Guardian he might challenge Rep. Tracy King, D-Batesville, in next year's Democratic primary. He's in his second term as judge and has said he won't seek a third term. He's also a former mayor of Eagle Pass. He hasn't made a final decision. King said he takes all comers seriously, "especially county-wide officeholders from counties in my district," but says he's not sure yet what Aranda will finally do. This isn't the first time the challenger has looked at challenging King. And, for the record: King says he'll seek an eighth term in HD-80.

• Republican Lisa Luby Ryan says she'll have the support of former Dallas Cowboys quarterback Roger Staubach if she runs for the Texas House in HD-108. That's the Park Cities seat held now by Republican Dan Branch. He's interested in running for attorney general if Greg Abbott doesn't seek reelection; if he does, Luby Ryan would run for his spot. That's four stops on the political bus line: If Kay Bailey Hutchison resigns, and if Lt. Gov. David Dewhurst quits to run for that, and if Abbott decides to go after the Lite Guv job, and if Branch goes for AG, then Luby Ryan, a high-end interior designer, will run for the House.

Stephen Thomas has named a treasurer, resigned from the Cedar Park City Council and plans to run for the HD-20 seat in Williamson County. Rep. Dan Gattis, R-Georgetown, is giving that up to run for the Texas Senate (where Steve Ogden, R-Bryan, decided not to run again). Thomas will join Milton Rister and Charles Schwertner in the GOP primary. One other tidbit: Thomas picked up the endorsement of local businessman Jarrod Weaver, significant because Weaver was thinking about running himself.

Barry Cooper, a former cop running for Texas attorney general on what he calls a "pro-family, pro-gun, pro-pot platform," has an offbeat fundraiser coming up in Austin. The main act? Hip-hop artist Devin the Dude, described as "a brilliant oddball with a spaced-out flow."

• Gubernatorial candidate Debra Medina claims to have raised $111,000 in one day last week — part of a Ron Paul-style "Money Bomb." The campaign said the money — which doesn't get officially reported until January — came from all over the country.

Gov. Rick Perry appointed:

Jeff Rose of Austin to the 353rd district court, replacing the late Scott Ozmun. Rose is deputy first assistant to Attorney General Greg Abbott.

• Former Plano Mayor Jeran Akers to the Texas State Affordable Housing Corp.'s board.

Robert "Rob" Kyker of Richardson to the Credit Union Commission. He's the owner of R&D Sales and Leasing.

Lt. Gov. David Dewhurst named Charles McMahen and Sens. Glenn Hegar, Joan Huffman, Robert Nichols, and John Whitmire to the Sunset Advisory Commission. Sen. Juan "Chuy" Hinojosa will remain on that board, and Hegar, who was also on the board before, will chair it.

Agriculture Commissioner Todd Staples added two seats to the Texas Agricultural Finance Authority Board and named Will Coward of Coryell County and John Paul Dineen III of Waxahachie to that panel. Coward is a rancher. Dineen is a farmer.

When Sen. Eliot Shapleigh, D-El Paso, married Joyce Feinberg, a few days ago, the name of the biggest celebrity in the deal got left out. Sandra Day O'Connor, the former U.S. Supreme Court justice and an El Paso native, performed the ceremony.

Tom DeLay, his feet in tatters, bailed out of Dancing with the Stars. The former U.S. House Majority Leader, a Sugar Land Republican, had stress fractures in his feet that he said forced him out.

Texas Railroad Commissioner Victor Carrillo is recovering and waiting for a diagnosis after feeling ill enough to go to the hospital for three days last week.

Deaths: Jessica Hobby Catto, journalist and conservationist daughter of a Texas governor, William P. Hobby; a cabinet secretary and first leader of the Women's Army Corps, Oveta Culp Hobby; and brother to former Lt. Gov. Bill Hobby, after a struggle with cancer. She was 72.

Quotes of the Week

Hill, Hardy, McCraw, Houghton, and Graham

Former Dallas Mayor Pro Tem Don Hill, asked by The Dallas Morning News whether he considers himself a tragic figure after his conviction on public corruption charges: "Oh, I don't know, I'm going to have to think that through a little bit, but it's a good question."

State Board of Education member Pat Hardy, quoted in the Houston Chronicle about questions over the SBOE's choice of an investment firm that allegedly had ties to a board member: "I have never had anything in my whole life shake my faith worse than this, because [some board members] claim to be such goody two-shoes. We have people on the board who are using that as a conduit to advance themselves."

State District Judge John McCraw Jr., hoping to conclude a long-running property fight involving SMU and the George W. Bush Library, in The Dallas Morning News: "This case is five years old and I’m retired. I can't go another five years."

One of the Texas Department of Transportation's five appointed leaders, at a press conference announcing the death of a Trans-Texas Corridor route that would have paralleled I-35: "I am Ted Houghton, the most arrogant commissioner of the most arrogant state agency in the history of the State of Texas.

U.S. Sen. Lindsey Graham, R-South Carolina, asked by The Atlantic how he addresses "birthers" and conspiracy theorists at public gatherings: "When I go to town-hall meetings, say, 'You're crazy.' In a respectful way."