Best-Laid Plans

It's hard to believe the governor saw this coming. When Rick Perry decided to replace the a board on the eve of a hearing about the evidence that sent a Texas man to the executioner, he couldn't have been thinking the story would grow legs and stomp all around his bid for reelection.

He got testy with reporters this week, taking a question about Cameron Todd Willingham and turning it into a critique of the media, of death penalty opponents, and taking the opportunity to say again that the convicted murder deserves no sympathy. The issue remains in play.

It's a weird issue for a Republican primary (or for the state's whole electorate, for that matter). Voters in Texas favor the death penalty. GOP voters favor it more than average. But Perry's two Republican challengers — U.S. Sen. Kay Bailey Hutchison and Wharton activist Debra Medina — found ways to work the story. Hutchison said Perry is giving liberals ammunition against the death penalty. Medina said he should be protecting innocent lives (though she didn't say Willingham was innocent). She said Perry should go ahead with the state's review of the case and, if something was wrong, that he ought to fix it before it happens again.

Willingham was accused of setting his house on fire with his three kids trapped inside. The question now is whether the fire was set intentionally. Willingham professed his innocence until he died. The Forensic Science Commission was about to look at the arson evidence when Perry named new appointees instead of holding over the old ones. Since then, he's answered questions about the case every day.

He's not the only candidate whose plans got scattered. On another topic, Hutchison went on WBAP-AM in the Metroplex to talk about an endorsement (from U.S. Rep. Michael Burgess, R-Flower Mound) and stepped in a hole when asked about resigning early to spend full time on the governor's race. Hutchison, who told the same station earlier this year that she plans to resign in October or November, now says she's not sure what she'll do or when she'll do it.

The quote: "I am going to leave. I think it's important that I do everything I can when there are such huge issues, and I haven't been able to set that deadline, which I know is something a lot of people are looking at to determine what other possibilities there might be... I can't say anything right now because I don’t know. Every day in Washington some new bad thing is coming up."

Perry: Willingham was a Monster

In the latest roundelay, Gov. Rick Perry vigorously defended the state's execution of Cameron Todd Willingham, calling him "a monster" and telling reporters they've fallen under the spell of death penalty opponents.

Willingham was executed for killing his children by setting fire to his house while they were trapped inside. He professed his innocence until he died, and recent reports have brought attention to an arson expert's findings that the fire wasn't intentionally set.

Perry's not buying it.

"Willingham was a monster. He was a guy who murdered his three children, who tried to beat his wife into an abortion so that he wouldn't have those kids. Person after person has stood up and testified to facts of this case that quite frankly you all aren't covering," Perry told a gaggle of reporters after a speech to the Texas Association of Realtors.

Perry recently replaced members of the state's Forensic Science Commission on the eve of hearings into that arson report. But that's not the story, he said.

"You're all being tied up in a process-driven story here, with all these sideshows. Look at the details of the case... we have a system in this state that has followed the procedures and they found this man guilty every step of the way. You have one piece of study that everyone is glomming onto and saying, 'Aha!'"

Perry said Willingham's own lawyer has come to believe Willingham was guilty.

"The facts of this case clearly showed that this was a heinous individual who murdered his kids," Perry said.

His Republican opponents both support the death penalty, but took issue with Perry on this case.

"While I will agree that there are some crimes so heinous the death penalty is the only just punishment, we must protect innocent human life," said Debra Medina, in a press release. "... If the governor cared about justice, he'd work hard to insure that the panel's work is completed in all due haste, that all the evidence is considered."

And U.S. Sen. Kay Bailey Hutchison told the Associated Press that Perry should have left the commission to its work. "I don't have the facts. I'm not taking up for Mr. Willingham because I have no idea. I'm taking up for the process, for the criminal justice system in our state," she said.

The Money

Houston Mayor Bill White raised $1.5 million in the third quarter of the year, and hopes to spend that money running for the U.S. Senate.

His campaign says that brings the total contributions so far to about $6 million. White's campaign didn't total their spending for the three months ended September 30, or how much money they had in the bank at that point (and the full report was not yet posted on the Federal Election Commission's website.

White had $3.7 million on hand at mid-year. Fellow Democrat John Sharp had $3.1 million at that point, and everyone else in the race lagged far behind.

State Sen. Florence Shapiro, R-Plano, has raised $1 million for a U.S. Senate race, including $254,020 raised during the third quarter and a total of $110,000 she loaned her own campaign. She ended the period with $555,693 in the bank. And she said in a press release that the money will be there if there's a special election for the U.S. Senate, or if she has to wait until Kay Bailey Hutchison's current term ends in 2012.

Former Secretary of State Roger Williams says he leads the declared Republicans in the U.S. Senate race, with $1.3 million raised and almost $900,000 on hand. Exact numbers will be available when his report is.

The reason we stuck "declared" in that last bit is because Lt. Gov. David Dewhurst could hop into the race and change the money rankings. Hutchison hasn't resigned and so Dewhurst has said he'll run for reelection and will reevaluate if anything else opens up. That preserves his current position, since nobody seems eager to run against the richest guy on the block. But it keeps him out of some things, like a U.S. Senate candidate forum in Frisco on October 24. The Texas Medical Association invited all of the declared candidates, a list that doesn't include Dewhurst.

Not all of the federal candidates' third-quarter reports are posted online yet (keep checking here, as we will), but there are some numbers worth noting. Rep. Ron Paul, R-Surfside, got to the end of September with $2 million in his bank account. Rep. Joe Barton, R-Ennis, had $1.8 million on hand. Former Rep. Jim Turner, D-Crockett, had $1 million on hand. Only Barton in that group has said he might be interested in running for U.S. Senate, but they've all got more money than most of the people who've said they are running. Of the Texas candidates whose reports are online, only Barton raised big money during the quarter. He raised $1 million in 90 days.

Is There a Doctor on the Line?

by Emily Ramshaw, The Texas Tribune


Emergency medical technicians and entry-level nurses could be cut out of the telemedicine equation under a proposal the Texas Medical Board is considering.

The change would prohibit anyone but doctors, physicians' assistants and advanced practice nurses from presenting patients for care via long-distance videoconferencing – a move rural hospitals and prison doctors adamantly oppose.

It's an effort that appears to be designed to ensure telemedicine patients are receiving high quality care on both ends of the video camera — though officials with the Medical Board declined to comment Tuesday on their motivation.

Telemedicine advocates say it would hinder use of the technology in rural health centers, where licensed vocational nurses and emergency medical technicians are often the only health care providers available.

"In towns like Turkey, Texas, if you limit an EMT's ability to provide telemedicine, people there will have to drive 80 miles for any kind of health care," said Don McBeath, the former head of Texas Tech's telemedicine program who now advocates for the Texas Organization of Rural and Community Hospitals. "It's creating a huge barrier to the growth of telemedicine in rural areas."

And they say it would force prisons, which have limited nursing staffs, to transport more inmates long distances for care — a security risk and drain on manpower.

"We do 4,000 telemedicine visits a month in the criminal justice system alone," said Dr. Ben Raimer, senior vice president at the University of Texas Medical Branch, which provides medical care for much of the state's prison system. "This would be a very unfortunate setback for telemedicine in Texas, and result in a huge increase in cost for health care."

It's not Texas doctors instigating the change. Brent Annear, spokesman with the Texas Medical Association, said many of the organization's doctors do participate in telemedicine, and don't advocate doing anything that would curb its use.

Telemedicine experts say they think the proposal is a result of good intentions run amok. They say lawmakers made broad policy changes to improve Medicaid telemedicine care in 2007 — and that, as a result, the Health and Human Services Commission released its own set of recommendations on the technology. They think the Medical Board took those recommendations one step further and excluded EMTs and certain types of nurses, without realizing the potential consequences.

Medical Board officials didn't immediately clarify that. A public hearing on the rule change is scheduled for November 5.

"We are receiving a large number of comments so it's uncertain exactly what will be adopted," said Medical Board spokeswoman Jill Wiggins. "...We'd prefer to wait until after the November meeting and see what comes out of that."

Advocates of the technology say another tweak the Medical Board is suggesting — one that would limit telemedicine to medically underserved areas — wouldn't affect rural health care, but could affect its spread into impoverished urban communities.

Rules of the Road

by Brandi Grissom, The Texas Tribune


Advocates for legal immigrants who want Texas driver licenses appealed to a panel of judges in Austin this week.

The Texas Department of Public Safety has broad power to prevent some legal immigrants from getting driver's licenses, attorneys for the state told the 3rd Court of Criminal Appeals.

"DPS does have a large grant of authority to determine how licenses are given out in Texas," assistant attorney general Erika Kane told the three-judge panel.

The Mexican American Legal Defense and Educational Fund this year sued DPS over rules that prevent noncitizens from getting driver licenses if their legal status in the U.S. expires in fewer than six months. MALDEF argues that legislators have not given DPS authority to implement the rules.

State District Judge Orlinda Naranjo earlier this year issued a ruling that agreed with MALDEF and granted a temporary injunction to halt the new rules.

DPS appealed the ruling and has continued to use the new rules.

Under the DPS rules adopted last October, those whose legal status expires in fewer than six months are denied licenses (even if they expect to renew their legal status). The department also started printing "TEMPORARY VISITOR" in bright red capital letters on vertically oriented licenses for all noncitizens.

Judge Naranjo said DPS overstepped its authority by implementing the rules without guidance from the Legislature.

Kane, the state's lawyer, told the appeals court that the rules were adopted to prevent undocumented immigrants from obtaining licenses and continuing to stay illegally in the country.

Since lawmakers during the recent legislative session did not pass any laws preventing the new rules, she said, there was no indication DPS should change course.

The justices asked Kane repeatedly to site a specific statute that gave DPS authority to deny licenses based on immigration status.

"I don't read (the law) as a limitless grant of authority to adopt rules," said Chief Justice Woodie Jones.

Kane said DPS was allowed broad discretion to determine drivers' eligibility, including residency status.

MALDEF attorney David Hinojosa told the court allowing DPS to continue implementing the new rules would give other state agencies a green light to adopt rules without legislative direction.

"They are essentially expanding their powers to determine who is eligible and who is not under the mask of these rules," Hinojosa said.

MALDEF filed the lawsuit on behalf of immigrants who were unable to obtain licenses and a Dallas landscaping company whose employees were prevented from getting their licenses renewed.

The rules, Hinojosa said, prevent legal immigrants from working and getting pay raises, and hurt businesses that need employees to drive.

The MALDEF suit is one of two filed against DPS over the new rules. The Texas Civil Rights Project filed a similar suit in federal court, arguing the rules are unconstitutional. A ruling is pending in that case.

Hinojosa said he was unsure when the appeals court would rule on MALDEF's case.

"We're hoping sooner rather than later," he said.

Keeping Count

by Brandi Grissom, The Texas Tribune

Texas should create a committee to promote participation in the 2010 U.S. Census, state Rep. Mike Villarreal told Gov. Rick Perry in a letter.

"The stakes are high," Villarreal, D-San Antonio, wrote. "Promoting participation in the census will improve our state's chances of attaining the federal funding and political representation that our growing population deserves."

Like more than a dozen other states have done, Villarreal said Texas should establish a Complete Count Committee.

Villarreal, who is vice chairman of the House Redistricting Committee, also urged Perry to use state agencies to reach minorities, the poor, the elderly and others who might not otherwise be counted.

Many state agencies already work with those populations and send them materials about public benefits. Villarreal said those agencies should use their contacts to let people know that the census is safe and that participating is important.

Billions in federal aid for health care, schools and roads depend on Texas residents being accurately counted, he said.

The census count also has huge political ramifications.

Texas expects to grab three or four more congressional seats because of population growth, which has largely been fueled by Hispanic Texans.

Whether those new districts are drawn in a way that accurately reflects the state's population is tied to who gets counted in the census and where they are.

Villarreal said Perry hadn't responded to his letter yet (or even sent him flowers recently, he joked). Perry spokesman Chris Cutrone said via e-mail that the governor appreciated Villarreal's letter.

"We understand this is an important issue, and we're looking into how best to serve the state on this issue," he said.

Flotsam & Jetsam

Ben Bius is finished exploring and now says he'll definitely run for the Texas Senate in SD-5, where Steve Ogden decided not to seek reelection.

That'll pit Bius against Rep. Dan Gattis of Georgetown in the GOP primary. Bius will do a series of campaign events and came out swinging at Gattis, referring to him as "a personal injury trial lawyer" and to himself as "a businessman who supports putting an end to junk lawsuits." Gattis countered that with an endorsement from the Texas Civil Justice League — an Austin-based foe of the trial bar — that was announced by Red McCombs, the head of that PAC and a big Republican funder in his own right. Gattis has a jump — he's been organizing the district longer — and a geographic advantage. Williamson County, where Gattis is domiciled, has far and away the biggest voting population in the district. Bius is serious, though: He's claiming $100,000 in pledged contributions for an event this weekend.

• Every little bit helps, but none of these Democratic Houston endorsers lives in Rep. Dora Olivo's Rosenberg district: Sen. Mario Gallegos, and Reps. Alma Allen, Carol Alvarado, Ellen Cohen, Garnet Coleman, Harold Dutton Jr., Jessica Farrar, Ana Hernandez, Scott Hochberg, Kristi Thibaut, Senfronia Thompson, Sylvester Turner, Hubert Vo, and Armando Walle.

• The Texas Association of Realtors endorsed Gov. Rick Perry for reelection over his two challengers in the GOP primary. That's a significant nod because of the group's numbers and the size of its political action committee. The Realtors have two of the top committees in Texas for political finance. And the group has members all over the state — handy when it's time to turn out votes in February and March. U.S. Sen. Kay Bailey Hutchison got something of a heads-up; TAR didn't have any reasons not to stick with the incumbent and told her so before the announcement. He was in Austin developing a tight relationship with the group while she was in Washington.

Jeff Brown picked up a couple of endorsements in his bid for the Texas Supreme Court. Brown, a state appellate judge in Houston, is one of five Republicans running for an open seat. Former GOP Chairman George Strake Jr. and former GOP National Committeewoman Penny Butler, both from Houston, will be on his side. TSC Justice Harriett O'Neill isn't seeking reelection. Others in that primary right now: Debra Lehrmann of Fort Worth, Jim Moseley of Dallas, Rebecca Simmons of San Antonio, and Rick Strange of Eastland. All five Republicans are judges.

Department of Corrections: We bungled a number in a story last week about Bill Moody. He got 44.9 percent in his race against Don Willett in 2006, not 46.9 percent. Sorry, sorry, sorry.

Political People and Their Moves

Ken Levine will take over management of the Sunset Advisory Commission for the time being, filling the spot left by Joey Longley's resignation from state government. The new interim director has been the deputy there for 14 years and has worked for the agency for 28 years.

Deaths: William Wayne Justice, a federal judge in Texas for 41 years and a major voice from the bench on the state's treatment of prisoners, mentally disabled and mentally ill citizens, minority students in public schools, immigrants, and children seeking state health benefits for the poor. He was 89.

Quotes of the Week

Austin attorney Sam Bassett, who was replaced by Gov. Rick Perry on the state's Forensic Science Commission on the eve of a controversial death penalty hearing, asked by the Chicago Tribune whether Perry's office meddled with the agency's work: "I was surprised that they were involving themselves in the commission's decision-making. I did feel some pressure from them, yes. There's no question about that."

U.S. Sen. Kay Bailey Hutchison, talking with The Dallas Morning News about her success in earmarking $10 billion federal money for Texas: "I just get constant jabbing from the governor. Why wouldn't I fight for Texas? I'm proud of my effectiveness. To be hit for being effective for Texas is puzzling."

Rep. Aaron Peña, D-Edinburg, talking about political map-making in The McAllen Monitor: "A lot of people think this is a subject for professors and political geeks. There is nothing that will have a greater impact on the daily lives of people than the winners and losers in redistricting."

Former U.S. Rep. Vin Weber of Minnesota, now a Republican consultant, quoted in The Wall Street Journal: "The TEA party movement, in my judgment, has proven to be very real, but it's precisely the fact that it's real that makes it difficult to take advantage of. They don't want to be co-opted by the Republican Party."

State Board of Education member David Bradley, quoted in The Dallas Morning News on a meal paid for by a contractor who reported it even though it was under the state's required reporting threshold: "I enjoyed the sandwich. It was under $250."


Texas Weekly: Volume 26, Issue 39, 19 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

In a letter sent this week to supporters, U.S. Sen. Kay Bailey Hutchison vows to stay in federal office until the health care debate is over."The U.S. Senate is now debating legislation that would dramatically expand federal government control over our health care system," she writes. "It's important that you know I will not leave this fight. I will remain in the Senate this fall to help lead opposition to any government takeover of one-sixth of our economy." The timing of the letter roughly coincides with Hutchison's comments on a radio show (Mark Davis, WBAP-AM) last week, when she was vague about when she might leave the federal job to concentrate on her challenge to sitting Republican Gov. Rick Perry. She said a few months ago — to reporters in general and on that same radio show in particular — that she would resign in October or November. October looks unlikely now. And the timing of a congressional vote on health care might be best left to bettors and political consultants. The Texas primary is four-and-a-half months away. While she says she'll stay in office, she throws several spears in Perry's direction in the letter, saying the state has a highest numbers of uninsured citizens, that property taxes are the highest in the nation, that "our highways are lagging and TxDOT is broke," and that "our children are quitting school at alarming rates." Hutchison says "14 years of one-man rule is too long." Later in the letter, she calls herself a reformer: "Quite frankly, I believe the lobbyists and insiders in our state capitol could use an infusion of new, conservative thinking and new ideas — a cleanup of business as usual in a city that badly needs it." Here's her letter:

Bloggers are still burning over news reports concerning Gov. Rick Perry, the Forensic Science Commission and the execution of Cameron Todd Willingham. They're also talking about courtroom proceedings, dollar signs and constitutional amendments. Wrapping it up is the President's trip to Aggieland and other news.

Bloggers are still burning over news reports concerning Gov. Rick Perry, the Forensic Science Commission and the execution of Cameron Todd Willingham. They're also talking about courtroom proceedings, dollar signs and constitutional amendments. Wrapping it up is the President's trip to Aggieland and other news.

* * * * *

Can I Get an Amend?

Ag Commissioner Todd Staples is heading a pro-Prop 11 PAC called, "PAC off! It's my land!" (winning our Headline of the Week Award). The group includes folks representing Realtors, the Texas Wildlife Association and cattle raisers. NewspaperTree.com blog has a news release. Texans for Fiscal Responsibility likes 2, 3, 5, 7 and 11; dislikes 1, 4 and 8; and are neutral on 6 and 10, relays Blue Dot Blues, who also has a video by the Young Conservatives of Texas against Prop 4.

Blue Dot Blues waxes in favor of Prop 11, against Prop 4 and for Props 2 and 3. Meanwhile, Edinburg Politics reports on Prop 8 supporters in the Rio Grande Valley. And Off the Kuff, who isn't completely sure about Prop 11, links to opposing views on Prop 9 (Land Commissioner Jerry Patterson for, attorney J. David Breemer against.)

* * * * *

On Perry's Case

The Willingham imbroglio forms the main topic of "Political Parlor Podcast", the joint project between KUT's Notes from the Lege and the Austin American-Statesman's Postcards, formerly known as "Political Babble On." Postcards says Perry is trying to direct attention away from his shakeup of the forensic science commission and toward what a bad guy Willingham was. Postcards remarks that Perry never met Willingham, but felt comfortable calling him a "monster" anyway. (The Houston Chronicle's Texas Politics has audio of Perry's assertion.)

Texas Politics passes on a "pointed email exchange over innocence versus science" between a crime victim advocate and TFC Chair Sam Bassett. In the Pink skewers Willingham's trial lawyer David Martin after his appearance on CNN. "For one, Martin is wearing a cowboy hat that's about to fall off his head. And two, the guy's drunk as a Honduran skunk," she says. Martin doesn't fare any better in Defending People, a blog written by a criminal defense lawyer.

In a Texas Politics podcast, former Gov. Mark White says it's time to consider replacing the death penalty with another option, such as life without parole. GOP gubernatorial candidate Debra Medina issues far harsher criticism of Perry over the issue than anything we've seen so far from main rival U.S. Sen. Kay Bailey Hutchison, via Texas Politics. And the Texas Observer's The Contrarian is keeping tabs on the whole to do. Check it out here, here, here, here and here.

Dog Canyon reports that Texas Supreme Court Justice David Medina, who was Perry's general counsel when Willingham was executed, later saw his own wife helped out of an indictment by the same sort of arson experts whom Perry is now discrediting. And Grits for Breakfast reports at length on the first meeting of the Timothy Cole Advisory Panel on Wrongful Convictions.

* * * * *

At the Bar

Texas Watchdog had a busy week. A top-level Harris County attorney resigned after that outfit started asking questions about a possible conflict of interest. Turns out, the attorney was moonlighting, which, as he reminds the Watchdog, is legal in Harris County. The web story jumped to print when Houston Chronicle columnist Rick Casey cast doubt upon Watchdog's claim that they were the attorney's raison d'exit. Watchdog opened their reporter's notebooks and issued a rebuttal on their blog. Not directly related but interesting anyhow: They moved into a new office in downtown Houston.

Tex Parte reports that various entities, including the City of Pflugerville, are conspiring to create a new challenge to the Texas Open Meetings Act. The same blogger attended a State Bar of Texas public hearing, where attorneys testified that they shouldn't have to tell clients whether or not they have professional liability insurance. And Tex Parte says that incarcerated billionaire R. Allen Stanford said goodbye to his public defender.

Letters from Texas eulogizes Judge William Wayne Justice, whom he had met a couple of times. And Potomac says that the U.S. Supreme Court will hear an appeal from former Enron CEO Jeffrey Skilling.

* * * * *

Cash Flow

Burnt Orange Report is impressed by U.S. Rep. Chet Edward's $1.1 million in cash. They're pleased with the $800,000 in the kitty for Jack McDonald, a Democratic challenger to U.S. Rep. Michael McCaul. They're disappointed with the fundraising performance of Democrat Lainey Melnick, who's challenging U.S. Rep. Lamar Smith. (Melnick has $2,435; Smith has a cool $1 million.) Elsewhere, Ellis County Observer mentions Sen. Kip Averitt, R-Waco, as a possible congressional contender if Edwards retires.

After looking at a Texans for Public Justice report, Eye on Williamson is glad to see differences between House Speaker Joe Straus's big financial supporters and former House Speaker Tom Craddick's. Meanwhile, Potomac takes note of successful fundraising by two protégés of U.S. Rep. Ron Paul who are running for U.S. Senate seats. Paul's son Rand Paul has $1 million in Kentucky, and Paul's ex-aide Peter Schiff $1 million in Connecticut.

* * * * *

Presidential Gig

Potomac posts remarks at Texas A&M by Pres. Barack Obama, here and here. The Dallas Morning News' Trail Blazers reports on the President's visit here, here, here and here.

Refuse the Juice pledges to defeat Rep. Norma Chavez, D-El Paso, if she runs for the seat vacated by Sen. Eliot Shapleigh, E-El Paso. "I would be there to stop her and believe me, I can stop her," the blogger claims.

The Texas Cloverleaf received a lengthy statement from Hutchison on health care policy. And the blogger behind Signals in the Noise did not win a position on the Employees Retirement System Board of Trustees. Condolences.


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.

* * * * *

Can I Get an Amend?

Ag Commissioner Todd Staples is heading a pro-Prop 11 PAC called, "PAC off! It's my land!" (winning our Headline of the Week Award). The group includes folks representing Realtors, the Texas Wildlife Association and cattle raisers. NewspaperTree.com blog has a news release. Texans for Fiscal Responsibility likes 2, 3, 5, 7 and 11; dislikes 1, 4 and 8; and are neutral on 6 and 10, relays Blue Dot Blues, who also has a video by the Young Conservatives of Texas against Prop 4.

Blue Dot Blues waxes in favor of Prop 11, against Prop 4 and for Props 2 and 3. Meanwhile, Edinburg Politics reports on Prop 8 supporters in the Rio Grande Valley. And Off the Kuff, who isn't completely sure about Prop 11, links to opposing views on Prop 9 (Land Commissioner Jerry Patterson for, attorney J. David Breemer against.)

* * * * *

On Perry's Case

The Willingham imbroglio forms the main topic of "Political Parlor Podcast", the joint project between KUT's Notes from the Lege and the Austin American-Statesman's Postcards, formerly known as "Political Babble On." Postcards says Perry is trying to direct attention away from his shakeup of the forensic science commission and toward what a bad guy Willingham was. Postcards remarks that Perry never met Willingham, but felt comfortable calling him a "monster" anyway. (The Houston Chronicle's Texas Politics has audio of Perry's assertion.)

Texas Politics passes on a "pointed email exchange over innocence versus science" between a crime victim advocate and TFC Chair Sam Bassett. In the Pink skewers Willingham's trial lawyer David Martin after his appearance on CNN. "For one, Martin is wearing a cowboy hat that's about to fall off his head. And two, the guy's drunk as a Honduran skunk," she says. Martin doesn't fare any better in Defending People, a blog written by a criminal defense lawyer.

In a Texas Politics podcast, former Gov. Mark White says it's time to consider replacing the death penalty with another option, such as life without parole. GOP gubernatorial candidate Debra Medina issues far harsher criticism of Perry over the issue than anything we've seen so far from main rival U.S. Sen. Kay Bailey Hutchison, via Texas Politics. And the Texas Observer's The Contrarian is keeping tabs on the whole to do. Check it out here, here, here, here and here.

Dog Canyon reports that Texas Supreme Court Justice David Medina, who was Perry's general counsel when Willingham was executed, later saw his own wife helped out of an indictment by the same sort of arson experts whom Perry is now discrediting. And Grits for Breakfast reports at length on the first meeting of the Timothy Cole Advisory Panel on Wrongful Convictions.

* * * * *

At the Bar

Texas Watchdog had a busy week. A top-level Harris County attorney resigned after that outfit started asking questions about a possible conflict of interest. Turns out, the attorney was moonlighting, which, as he reminds the Watchdog, is legal in Harris County. The web story jumped to print when Houston Chronicle columnist Rick Casey cast doubt upon Watchdog's claim that they were the attorney's raison d'exit. Watchdog opened their reporter's notebooks and issued a rebuttal on their blog. Not directly related but interesting anyhow: They moved into a new office in downtown Houston.

Tex Parte reports that various entities, including the City of Pflugerville, are conspiring to create a new challenge to the Texas Open Meetings Act. The same blogger attended a State Bar of Texas public hearing, where attorneys testified that they shouldn't have to tell clients whether or not they have professional liability insurance. And Tex Parte says that incarcerated billionaire R. Allen Stanford said goodbye to his public defender.

Letters from Texas eulogizes Judge William Wayne Justice, whom he had met a couple of times. And Potomac says that the U.S. Supreme Court will hear an appeal from former Enron CEO Jeffrey Skilling.

* * * * *

Cash Flow

Burnt Orange Report is impressed by U.S. Rep. Chet Edward's $1.1 million in cash. They're pleased with the $800,000 in the kitty for Jack McDonald, a Democratic challenger to U.S. Rep. Michael McCaul. They're disappointed with the fundraising performance of Democrat Lainey Melnick, who's challenging U.S. Rep. Lamar Smith. (Melnick has $2,435; Smith has a cool $1 million.) Elsewhere, Ellis County Observer mentions Sen. Kip Averitt, R-Waco, as a possible congressional contender if Edwards retires.

After looking at a Texans for Public Justice report, Eye on Williamson is glad to see differences between House Speaker Joe Straus's big financial supporters and former House Speaker Tom Craddick's. Meanwhile, Potomac takes note of successful fundraising by two protégés of U.S. Rep. Ron Paul who are running for U.S. Senate seats. Paul's son Rand Paul has $1 million in Kentucky, and Paul's ex-aide Peter Schiff $1 million in Connecticut.

* * * * *

Presidential Gig

Potomac posts remarks at Texas A&M by Pres. Barack Obama, here and here. The Dallas Morning News' Trail Blazers reports on the President's visit here, here, here and here.

Refuse the Juice pledges to defeat Rep. Norma Chavez, D-El Paso, if she runs for the seat vacated by Sen. Eliot Shapleigh, E-El Paso. "I would be there to stop her and believe me, I can stop her," the blogger claims.

The Texas Cloverleaf received a lengthy statement from Hutchison on health care policy. And the blogger behind Signals in the Noise did not win a position on the Employees Retirement System Board of Trustees. Condolences.


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 Brandi Grissom, The Texas Tribune Rep. Joe Pickett, D-El Paso, said today he decided not to run for the Texas Senate seat being vacated by state Sen. Eliot Shapleigh."I'm just going to cool my jets," said Pickett, who had floated the idea last week. The chairman of the House Transportation Committee said he is happy with his position in the lower chamber. And, he doesn’t see a move to the Senate as a step up. "I don’t need to run for the Senate," he said. "I'm in a really good spot for El Paso." Asked whether he'd support any of the current candidates who have expressed interest in the El Paso Senate seat, Pickett said he was keeping his powder dry for now. When Shapleigh announced Friday that he would not run for re-election to the Texas Senate, several prominent El Paso politicos started talking about making a bid for the rarely open seat. The loudest talkers so far have been state Rep. Norma Chavez, D-El Paso, and El Paso County Attorney Jose Rodriguez, a close friend of Shapleigh's. Shapleigh hinted heavily that he has plans to run for higher office, potentially a statewide position, but he said he won't reveal his designs for another two to three weeks. On a side note, Pickett said he and fiancée Shannon Wiggins are planning a wedding for next spring. They had planned to get hitched sooner, but discovered the planning takes a bit more time. "I didn't realize what a big deal it is," Pickett said. The nuptials are tentatively set for April 2010, and will probably take place in Austin. bgrissom@texastribune.org
by Brian Thevenot, The Texas Tribune Some 30,000 "highly qualified" Texas public school teachers don't actually meet the federal definition for that standard — which could jeopardize their jobs and will certainly cause bureaucratic headaches for them and their school systems. [TEA's original estimate is suspect, as explained here.] The teachers in question did not take a required general knowledge exam, but rather believed — on the advice of the Texas Education Agency — that a specific subject knowledge test would suffice.

The snafu, apparently due to a miscommunication between state and federal bureaucrats, was disclosed in a letter from the Texas Education Agency to school systems obtained Wednesday by The Texas Tribune. Districts across the state seek to have 100 percent "highly qualified" staff to meet federal standards under the No Child Left Behind Act — meaning many of the teachers in question might not have been hired in the first place, said Texas Education Agency spokeswoman Debbie Ratcliffe.

The agency stressed in its correspondence, however, that it has asked federal authorities to review the matter, and that many teachers may be able to complete the requirements and gain the "highly qualified" designation. The 30,000 figure is just a guess — based on typical turnover in a state with 600,000 teachers, Ratcliffe said.

The term "highly qualified" comes from the federal No Child Left Behind Act and generally has replaced state certification standards. The problem here stems from differing interpretations by the Texas and U.S. education departments over qualifications to gain the credential.

Federal monitors who visited the agency last month, however, disabused them of the notion that subject-specific tests would suffice for elementary teachers, who teach multiple subjects. They sent the state a ruling, which it forwarded to districts. The state has asked for federal leniency in the matter, but as it told districts in the letter: "there may be little or no flexibility" from U.S. education officials on the designations.

"It's a significant concern," Ratcliffe said. "Sometimes it can take months to get an answer (from the feds), and in Texas, if they want to non-renew a contract, they have to tell the teacher by March. And of course they have to start hiring by then.

"It has all kinds of implications," she said.

In addition, according to the TEA letter, school systems will have to ensure that those teachers who don't qualify are not being paid by federal grants funds, such as the Title I program, which aims to improve education for children in poverty. And Texas has tens of thousands of public school students in those programs and can get the federal funds if their teachers meet the federal standard, Ratcliffe said.

Further, school systems would have to mail potentially tens of thousands of letters to parents statewide informing them that their teachers don't meet the federal standard, a logistical and public relations nightmare.

"We're hoping that we will get some flexibility on this issue," she said. "But we're just not sure yet."

bthevenot@texastribune.org

by Reeve Hamilton, The Texas Tribune Early voting is under way, but Texans — at least those who do this kind of thing — will vote on 11 proposed amendments to the Texas Constitution on November 3.

(Some already started; early voting began this week and runs through October 30.)

Experiencing significant crossfire is a cluster of amendments (2, 3, and 5) dealing with property tax appraisals. All three stem from House Joint Resolution 36.

Prop. 2 stops a home from being appraised based on its value as commercial property — or its "best use." Some wonder why, if the money a big box store could pay a homeowner for their land is real, the communities shouldn't consider that when procuring much needed tax dollars for their school district. Others, like Rep. Ralph Sheffield, R-Temple, feel that burdening select citizens with higher taxes is "wrong and it's time to make it unconstitutional."

There would be uniform statewide standards for property appraisal if Prop. 3 passes. If Sen. Jeff Wentworth, R-San Antonio, is right, this is that "rarity when there is no opposition to an issue related to state government." This ignores vocal opposition from local control advocates who prefer counties enforcing standards themselves. Colorful agitator Linda Curtis of Independent Texans calls it "truly rotten" and "the Trojan Horse of this election."

The runt of this litter, Prop. 5, allows separate appraisal districts to combine, with legislative approval. Rural districts could benefit because they have trouble staffing their review boards. The Austin Chronicle called this "entirely trivial" — as opposed to the merely "trivial" Prop. 3 — and then endorsed both.

What crossfire? A chain e-mail that mislabels these as "propositions 1, 2, and 3" has made its way around the state claiming, "If you own a home, and these laws are passed, you will be taxed by the State." Rep. John Otto, R-Dayton, one of the bill's coauthors has been scrambling to assure voters that's "blatantly false." The Texas Constitution prohibits a state property tax. Otto, along with Sen. Tommy Williams, R-The Woodlands, has launched a new website (under the auspices of STAR PAC) that Williams says, "anyone confused or concerned about the effect of these propositions should visit."

Elected officials are climbing over each other to endorse the Prop. 4 plan to devote state funds to developing more Tier One universities. Gov. Rick Perry already voted for it. Sen. Kirk Watson, D-Austin, calls it "a big deal — a once-in-a-generation opportunity to super-charge our economy, help our universities and create a lasting inheritance for future generations." Democratic gubernatorial candidate Tom Schieffer and Sen. Dan Patrick, R-Houston, are on board. Despite prominent Republican support, Young Conservatives of Texas came out against the measure in a YouTube video calling for a wiser investment.

The final amendment in the spotlight is Prop. 11, which limits the state's eminent domain authority. This is the first time Texans will vote on the issue since the 2005 U.S. Supreme Court Kelo v. New London decision. Rivals U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry have both made a show of their support for this protection of private citizens. On the other hand, it may be unnecessary. On his website, Rep. Scott Hochberg, D-Houston, explains, "The Legislature has already passed a law providing protections against abuse of eminent domain authority."

Also being considered is Prop. 8 proposing a state fund to help veterans' hospitals. Some say it's a federal issue, but State Sens. Juan "Chuy" Hinojosa, D-McAllen, and Eddie Lucio, Jr., D-Brownsville, and Democratic U.S. Senate candidate John Sharp say people should vote early because, when it comes to veterans, "a 'yes' vote... is too important to risk waiting."

Prop. 9 writes access to public beaches into the state constitution. Unfazed by arguments that private property rights might be infringed upon, Land Commissioner Jerry Patterson opined, "Can you imagine driving your family to the beach for summer vacation only to find a high fence covered with 'no trespassing' signs?"

Tax dollars could go to buy up land for buffer zones around military bases if Prop. 1 passes. Empower Texans, a conservative PAC, fears it allows "local entities to incur debt and raise property taxes in attempts to keep federal installations that may no longer be necessary to the military's mission or performance." But, if those bases are lost, supporters fear for the security and economy of the surrounding communities.

Prop. 7 grants members of the Texas State Guard an exception to an arguably antiquated law that says civil servants can't hold two government positions. It has the support of bipartisan coalition of Rep. Phil King, R-Weatherford, Rep. Dan Flynn, R-Van, Rep. Aaron Pena, D-Edinburg, and Rep. Ryan Guillen, D-Rio Grande City.

Prop. 6 lets the Veterans' Land Board issue bonds to help veterans with home loans and land purchases. Prop. 10 extends term limits for state-elected emergency services districts from two years to four. Voters' passions aren't coalescing on either side for these two.

rhamilton@texastribune.org

The Texas Education Agency might be revising the number of "highly qualified" teachers who didn't actually earn that qualification. On Wednesday, TEA said the number of teachers affected could reach 30,000, but that number was called into question Thursday when the Houston and Austin systems — which educate more than a quarter about six percent of the state public school population — reported that less than 30 of their teachers would be affected. Texas Education Commissioner Robert Scott repeated the 30,000 figure in an interview Thursday. Later, when told of such small numbers in large districts, TEA spokeswoman Debbie Ratcliffe said the figure she had supplied a day earlier was a “worst-case scenario” and that the agency had not yet done enough research to determine the true number. Given the Houston and Austin totals, the number could be “much lower,” she said. bthevenot@texastribune.org

by Brian Thevenot and Abby Rapoport, The Texas Tribune Annoyed at a recent federal ruling that could nullify the credentials of thousands of public school teachers, Texas education advocates want Washington to waive a technicality they say would cause teachers and districts needless headaches.

At the same time, the Texas Education Agency's original estimate this week that 30,000 teachers would be affected now appears way off — on the high side. And a federal spokeswoman signaled that the state would be given little leeway.

At issue are the credentials of many newly hired elementary teachers, who were told before the school year they met the federal requirements to be considered "highly qualified." But the TEA confirmed Wednesday that U.S. education officials may require that the teachers be stripped of that credential because they didn't take a "generalist" test, in addition to the subject-specific test they passed. The affected teachers likely will have to pay $120 to retake the test before being rehired for next school year.

TEA spokeswoman Debbie Ratcliffe gave the estimate of 30,000 teachers on Wednesday, and state Education Commissioner Robert Scott repeated that figure in an interview Thursday. But spot checks with the Houston and Austin school systems yielded less than 30 teachers affected in the two districts, raising questions over the true figure.

Ratcliffe acknowledged Friday that the agency lumped what likely is thousands of secondary teachers into the estimate, when only elementary teachers are affected by the new federal interpretation. The agency still can't say exactly how many teachers are affected because school systems have not yet delivered data on employment for this school year, Ratcliffe said.

The original estimate erred in including every teacher in ten different job classifications last school year, classifications that included teachers in grades four through eight, and six through 12. Moreover, the agency suspects school systems may have had far less teacher turnover this year because of the slumping economy, which could lessen the figure even further because only newly hired teachers are affected.

As they tried to sort out the practical effect of the dustup, Texas union officials ridiculed the new federal interpretation of the rules as rigidly bureaucratic. They cast the episode as one of many examples of the forest-for-the-trees nature of federal No Child Left Behind legislation, which can mire teachers in make-work regulation — making it harder to achieve the law's academic standards.

"This is the kind of thing that drives teachers crazy," said Linda Bridges, president of the Texas arm of the American Federation of Teachers. "... But it's like you've run a race, broken through the ribbon, and then somebody comes to tell you they've moved the finish line."

Asked if having the teachers take and pass the test would make a difference in their classroom performance, Bridges said: "Not really."

Scott, in a brief interview after attending Gov. Rick Perry's speech at a Del Valle high school Thursday morning, said the feds "changed up the rules."

"We disagree with it, and we're asking them to reconsider," Scott said.

Texas school systems, like most nationwide, strive to have all their teachers achieve the highly qualified credential, and often won't hire those who don't. That's in part because of a federal rule that requires schools to send letters to parents of any students taught by a teacher who doesn't meet that standard — letters that may now go out to tens of thousands of Texas parents.

Moreover, the feds require the designation for any teacher hired and paid under certain federally financed programs, including Title I grants aimed at bolstering the education for the underprivileged. In an October 19 federal monitoring report that spotlighted the issue to the TEA, regulators wrote that the agency must submit a plan to ensure "parents are notified... that all teachers hired for Title I positions are highly qualified" as well as those teachers paid with federal class-sized reduction funds.

A spokeswoman for the U.S. Education Department said she did not have all the details of the situation Thursday, but cast doubt on whether the feds would grant any leeway to the TEA — or the Texas teachers and school districts most affected.

"I was told this is not a new requirement, that we always told them they had to pass a general state test to be highly qualified," said Jane Glickman. "It's the law. We can't just say, 'Eh, it's not worth it.' Congress makes the laws. We implement the laws."

Several education observers credited the TEA for taking an educationally sound approach to implementing federal guidelines. The reason they didn't require a "generalist" test was simple: The affected teachers are not generalists.

The federal interpretation affects only teachers who teach older elementary students, often in departmentalized situations where the teacher teach only one subject or type of student. According to the TEA, the interpretation affect only fourth- through eighth-grade teachers in math, science, social studies and reading, and teachers in all grades teaching art, music, theater or special education.

The TEA's approach made sense, and the agency obviously did not intend to run afoul of federal rules, said Joe Bean, spokesman for the Texas State Teachers Association.

"Clearly they want to have 'highly qualified' teachers, for PR if nothing else, but also for the good of students ... This results from a not-so-small army of bureaucrats at 'U.S. Ed.' spending many hours every day complicating the definition of what makes a good teacher."

Officials at both unions, however, said they believed that teachers' jobs would not be in immediate jeopardy, and that they would be rehired next year provided they take and pass the test.

Said Bridges: "All it does is take 120 bucks out of their pocket."

bthevenot@texastribune.org

by Brian Thevenot, The Texas Tribune State Commissioner of Education Robert Scott this afternoon said his agency will press federal education officials to reverse a decision that could strip credentials from thousands of teachers and cause districts administrative headaches.

"The real issue here is, you don't do something like this after school starts," Scott said in an interview this afternoon. "And you don't just decide it in a letter or an email... They leave themselves open to criticism and litigation when they do something outside the rule-making process."

When U.S. Department of Education monitors ruled recently that some newly hired elementary teachers had not met federal requirements to be considered "highly qualified," they essentially made a new rule without going through the standard process or collecting input from Texas. The teachers in question had not taken a general education exam, but rather subject-specific tests.

TEA officials insist the federal interpretation creates new law; a federal spokeswoman disagreed earlier this week, saying Texas simply had not followed existing rules.

The state's policy had been the same during a previous federal monitoring visit, in February 2006, and the monitors never raised an issue, TEA officials said. Scott said he generally understands the federal reasoning in requiring all elementary teachers to take the general test — but it should only apply to teachers hired next year, not those who already met the existing standard.

His office planned to send a letter today to Washington to make the request formal.

"We're just asking them not to make it retroactive," Scott said.

Cathie Adams is the new chair of the Republican Party of Texas. Adams, who as head of the Texas Eagle Forum endorsed Gov. Rick Perry, said while she was running for this post that she'll now stay neutral in that race. She succeeds Tina Benkiser, who left the RPT to work for Perry. And both Perry and U.S. Sen. Kay Bailey Hutchison publicly offered her congrats and support. Adams will give up her spot at the Eagle Forum. She's the national committeewoman from Texas — a job she has held since 2008. Melinda Fredricks, a State Republican Executive Committee member from Conroe (also a Perry supporter), was also in the hunt. One difference: Fredricks wanted to serve Benkiser's term. Adams wanted the stub term and also plans to run for a full term at the GOP's state convention early next summer. The entire party elects its chair at a biennial convention. But this was a smaller election, with just the members of the SREC voting. Adams won, 36-25.

Political People and their Moves

Bernsen won't run in HD-52. Nelson wants another term.Former capitol reporter James Bernsen says now that he won't challenge Rep. Diana Maldonado, D-Round Rock, in next year's elections. He'll back Larry Gonzales instead. Last year, Maldonado won what had been a Republican seat, and the GOP wants it back. There are four people on the Republican side still looking at the race (John Gordon, Stephen Casey, and Ralph Piña have all shown interest, in addition to Gonzales). Bernsen says he got into the contest about the same time Gonzales did, that he took at look at it, and that he decided "Larry is the better candidate. I'm going to support him." • Sen. Jane Nelson, R-Lewisville, will seek another term. She won her spot in 1992 and has held it continuously since then. Five senators have more seniority than she does; three others came to the Senate the same time she did.

by Julian Aguilar, contributor to The Texas Tribune Political allies and a noisy and very public divorce dominate the conversation so far in Rep. Tara Rios Ybarra's effort to win a second term in the Texas House.

The Democratic lawmaker's support from Texans for Lawsuit Reform, a group that gives generously to Republicans, continued this week. TLR gave her its Civil Justice Leadership Award in Harlingen. Though TLR's support was crucial to her primary victory last year over incumbent Rep. Juan Escobar of Kingsville, Rios Ybarra said their backing indicates her pro-business leanings, not her party affiliation.

J.M. Lozano, a South Texas businessman vying for the freshman's HD-43 seat, said her support from the group reflects the Democratic incumbent might be out of touch with her own party.

"Any political action committee is going to say they are bipartisan but when you see who funds them (TLR), they are not," Lozano said. "In South Texas when you get into these communities you cannot abandon your constituents. If 90 percent of your constituents are Democrats you better stay loyal to your party."

Despite the publicity surrounding her financial support from TLR, Rios Ybarra downplayed the issue.

"I am a pro-business candidate," she said. "There are different organizations that will make contributions based on my stance with that, and there is a way to be pro-business and pro-environment and pro-worker and pro-everything else, one is not mutually exclusive to each other."

Campaign finance reports show TLR has given to Democrats but favors Republicans — something Lozano claimed could up his chances of claiming a Democratic Primary Election victory next year.

Not so, said Rios Ybarra, adding that lawsuit reform is just one item in a cornucopia of issues that, when settled, will lead to job growth.

"First of all, our issues are not lawsuit reform, our issues are very clearly jobs, education and health care," she said. "And so I talk to constituents. I am not in Austin working the lobby."

Lozano, who is at the helm of three restaurant franchises in his district and the son of a medical doctor, said he believes frivolous lawsuits should be addressed but that TLR does not distinguish between frivolous and legitimate issues.

Rios Ybarra must also contend with her current divorce proceedings after splitting with Richard Ybarra. The state representative admitted in a deposition that she was having an intimate relationship with developer and campaign contributor Clayton Brashear after she filed for divorce. But she said her personal life — public as it has now become — is irrelevant when it comes to her politics.

"There are so many important issues for my district and for South Texas right now that there is not really time to get distracted," she said.

Lozano said he has followed the divorce proceedings not to sling mud, but to prepare himself for whatever may come next. He says he's considering his options should Rios Ybarra drop out of the race, and someone else jump in.

Chances of that look slim, however, according to Rios Ybarra. She and her ex-husband still attend public functions together, she said, and have agreed to put the best interests of their two children first.

"Our objective is to raise two healthy children," she said.

jaguilar@texastribune.org

Homer gets an opponent. Bolton loses one. And there's someone new running for the SBOE.Rep. Mark Homer, D-Paris, will have an opponent in the person of Erwin Cain, a Como lawyer and businessman who is also chairman of the Hopkins County GOP. Republicans regularly beat the stuffing out of Democrats in that six-county district — on the statewide level in the last two elections, the difference averaged 20.3 percentage points in favor of the Republicans — but Homer has held off serious challenges over several cycles. Not running: Donna Keel, a Republican who challenged Rep. Valinda Bolton, D-Austin, in 2008. She sent a note to "fellow Republicans" saying it's not the right time to run again, but that she'll support the Republican nominee San Antonio lawyer Tim Tuggey, managing partner of Tuggey Rosenthal Pauerstein Sandoloski Agather, will run in the GOP primary for the State Board of Education. He's got his eyes on the seat now held by former state Rep. Ken Mercer, who's also a Republican and is also from San Antonio. Tuggey, who served on San Antonio's VIA board, said in his announcement that he's concerned about alleged ethical lapses in SBOE's management of the Permanent School Fund.

Adam Haynes is leaving TIPRO (the Texas Independent Producers and Royalty Owners Association) after five years for a job with Chesapeake Energy, one of TIPRO's member companies.

Gov. Rick Perry named R. David Kelly of Dallas to chair the Teacher Retirement System of Texas and appointed Todd Barth, Seth Crone, and Nanette Sissney to that board. Kelly is a partner with Carleton Residential Properties in Dallas. Barth is an attorney and president of Bowers Properties in Houston. Crone is a CPA and an exec with The Bank of New York Mellon Trust Co. He lives in Beaumont. Sissney is a school counselor at Whitesboro ISD.

The Guv appointed Keith Drewery of Nacogdoches and James "Jim" Hughes Jr. of Newton to the Angelina and Neches River Authority Board, and reappointed Dominick "Nick" Bruno of Jacksonville. Drewery runs a construction company. Hughes is an insurance and investment broker, and Bruno is the retired past president of Austin Bank.

Deaths: Former Sen. J.P. Word, a Democrat who served for a decade in the Senate, after following a family tradition by winning election as Bosque County Judge, and did a stint lobbying for the Texas Chiropractic Association and consulting for the Texas Association of Taxpayers. He was 80.

• Freshman Rep. Allen Fletcher, R-Tomball, will seek a second term in HD-130. He knocked off incumbent Rep. Corbin Van Arsdale in the GOP primary in 2008.

John Sharp picked up an endorsement for his U.S. Senate bid from Dan Richards, son of the late Gov. Ann Richards.

Dan Gattis, running for the SD-5 Senate seat, won endorsements from Round Rock Mayor Alan McGraw and from five of McGraw's predecesors.

• Lt. Gov. David Dewhurst, being interviewed on Dallas radio, said "two or three" senators were planning to move on before the next session. We know of Steve Ogden and Eliot Shapleigh, a Republican and a Democrat who've said they won't seek reelection. But three? Dewhurst was apparently referring to Florence Shapiro, R-Plano, who's raising money to run for the U.S. Senate should Kay Bailey Hutchison resign her spot. Dewhurst is also interested in the Hutchison job.

Quotes of the Week

White, Patterson, Robinson, Whitmire, Neerman, and Higginbotham

Former Gov. Mark White, telling The Dallas Morning News that he's lost confidence that the state can fairly administer the death penalty, which he once championed: "I'm not running for anything. It's a lot easier for me to say it."

Texas Land Commissioner Jerry Patterson, telling the Houston Chronicle that Matthew Knowles' home on the eroded Texas beach is getting the same treatment it would get if his daughter wasn't famous: "I didn't know who Beyoncé Knowles was. If he's getting special treatment it's not because of me."

Charles Robinson of Amarillo, talking to gubernatorial candidate Tom Schieffer after a speech, quoted by the Fort Worth Star-Telegram: "You sure picked a bad time to run on the Democratic ticket."

Sen. John Whitmire, D-Houston, asked to second-guess Gov. Rick Perry in the Houston Chronicle: "I can't get inside the mind of Perry even on a good day."

Dallas County Republican Party Chairman Jonathan Neerman, in The Dallas Morning News: "Even the most ardent partisan can't claim we didn't get our clocks cleaned the last two cycles. The question is why? We don't know what's driving it. I, for one, don't believe this is a Democratic county."

Billy Higginbotham, a wildlife specialist at Texas A&M University, in The Atlantic: "There are two types of landowners in Texas — those that have hogs, and those that are about to have hogs."