The Week in the Rearview Mirror

Legislators who want to run for governor don't have to resign to do so, and don't have to resign if they're "exploring" such a run, either.

Attorney General Greg Abbott says neither the law nor the constitution prohibits it, so it must be legal.

The question in this case originated with Rep. Leo Berman, R-Tyler, who has said on several occasions that he'll run for governor if the Legislature doesn't crack down on undocumented aliens living and working in Texas. But it could affect others; Sen. Leticia Van de Putte, D-San Antonio, says she'll take a look at a run for governor once the session ends in three months.

Berman had asked if a resignation was required if a House member declared for Guv in the first year of his or her two-year term. It doesn't matter when they run or explore or declare, according to Abbott: They're not required to quit the Legislature.

If you want a serious discussion about bipartisanship, you could do worse than to start with former Cox White House reporter Ken Herman: "I think many Washington politicians would rather try bisexuality than bipartisanship — not that there's anything wrong with that."

So began "Bipartisanship in an Era of Polarization" during the Barbara Jordan National Forum on Public Policy. Extracurricular activities aside, partisanship in politics isn't going away anytime soon, according to the panel of former legislators and political reporters assembled in Austin at the forum sponsored by the University of Texas LBJ School's Center for Politics and Governance.

While lamenting legislators who vote based on the next election rather than the good of the state, panel members said true political harmony has never been a reality, and that political hegemony isn't the ideal, either.

Texas Monthly'sPatricia Kilday Hart arrived at the Dallas Times-Herald's Austin bureau in the middle Republican Gov. Bill Clements' first term. Clements, she said, replaced awful Democratic appointees with fresh blood from his own party.

Hart said, "It was like half of the state's talent wasn't being used... so having competition among the parties is a good thing. It's not a wonderful thing when there's just one party in control."

Former U.S. Rep. Mickey Edwards, R-Oklahoma, agreed that having parties with conflicting viewpoints is better than having no conflict at all.

"Having people in the legislative branch who disagree with each other is not a bad thing. The Soviet Union didn't have that problem. We're a democracy," he said. "What's been missing is civility."

Former House Speaker Pete Laney said members used to approach him, saying they wished they could side with him on controversial issues, but that voters in their districts wouldn't allow it.

"I always found it the most disturbing thing that I ran into was the fact that people were so afraid to lose this $600-a-month job," Laney said. "'Course, if you look at the retirement, it ain't bad."

Hart said the legislators were probably more afraid of offending big campaign donors than constituents. She called money a "pernicious influence" in politics.

Concurring somewhat, Laney cited the Senate Republicans' recent steamrolling of the Democrats to circumvent that body's two-thirds rule in order to consider voter photo identification legislation.

"The voter ID issue has created a real good forum for raising a lot of money over an issue that is very inconsequential in Texas," Laney said.

Panel members cited multiple causes for party polarization, including negative campaigning, the primary process and the general populace.

Laney singled out campaign managers, saying they create an atmosphere antithetical to independent-minded politicians.

"You're making a lot of money off the people of Texas from political campaigns, and you're not doing it in a positive way," said Laney, addressing any political consultants in earshot. "You're doing it in a negative way."

Former Lt. Gov. Bill Ratliff said he had the luxury of being Republican in a Democratic district, thus being encouraged to cross party lines without fear of retribution in the next primary, normally decided by a relative handful of dedicated party-liners.

"It is the extremists on each side that control the primaries. More so in my party, but frankly I think both," Ratliff said.

Increasing voter participation might not be a panacea for partisanship, warned Sean Theriault, associate professor of government at UT.

"What's interesting with respect to the American public is we know that the more engaged they get in the process, the more polarized they become," he said.

States with a single congressional seat have followed the trend toward greater partisanship, along with bigger states, Theriault said, belying the idea that redistricting battles are the major cause of inter-party rancor.

The co-evolution of traditional media and the Internet might cause problems, too, panelists said, especially as users display "confirmation bias" by only paying attention to and believing information they already think to be true.

"I'm not sure it's the best place for the marketplace of ideas," Herman said.

Don't look to the next generation of voters to usher in a golden era of bipartisanship either, said Edwards, a lecturer at Princeton University.

"I have not found young people to be more idealistic than older people," he said. "I haven't found them to be smarter. I haven't found them to be less polarized."

An East Texas Republican is the butt of the blogosphere after inviting an attorney to buss his rear end. Also making news on the blogs this week: federal government spending, constituents with special interests and percolating legislation. Wrapping things up are posts of a different order.

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You Can't Go Home Again

After a heated discussion over his immigration-oriented legislation, Rep. Leo Berman, R-Tyler, told attorney Harry Joe (who happens to be of Chinese descent) to "go home" and "kiss my ass." (Joe wasn't an innocent party — he called Berman "despicable" and "an evil man.") Joe later apologized; Berman didn't, the Dallas Morning News's Trail Blazers says.

In response, progressive bloggers joined forces against Berman to form a movement they call CensureLeo.com, Capitol Annex reports. In an interview with the Houston FOX TV affiliate, Bay Area Houston calls Berman "anti-Mexican," but Berman says he's just anti-Dallas-immigration-lawyers.

"On examining the balance of Leo Berman's actions in the legislature, his public statements, and the testimony of those present, I can only conclude that his comments were most likely racist in nature," says WhosPlayin? Meanwhile, The Texas Cloverleaf says Berman "is old school. And by old school, we mean a racist." But Berman is taking the opposition in stride, calling it "a badge of honor" to be criticized by liberal bloggers, says Annex.

In all fairness, Berman knows at least one word of Spanish, reports Vaqueros & Wonkeros, the El Paso Times's blog. And Blue Dot Blues says Berman is "THE guy" (in a well-intentioned way), promoting a Berman support group on Facebook.com.

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Federal Pork, Texas Tea

Conservatives held a nationwide Chicago Tea Party on Friday to protest escalating federal government spending. Blue Dot Bluesposts a list of the Texas get-togethers, followed by photos and reports from people who attended. PoliTex, the Fort Worth Star-Telegram's blog, has pictures of protest signs in Fort Worth and links to more info on other places. Meanwhile, Pondering Penguin has some background on the origin of the event.

Saying there's so much money to spend, and so little time, federal stimulus chair Rep. Jim Dunnam, D-Waco, tells reporters that the budget might be held up by the influx of federal funds, but he's not anticipating a special session, yet, according to Postcards, the Austin American-Statesman's blog.

Here is a link to a clearinghouse for posts on the federal budget by Texas on the Potomac, the Houston Chronicle's blog, who also takes a look at Houston-area earmarkers and has an extended story on Texans' pork-barrel spending.

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Visitors' Passes

KVUE's Political Junkie took pictures of a rally by college students demanding tuition relief. Rep. Ryan Guillen, D-Rio Grande City, was there and posts a photo of himself on his El Wiri Wiri Blog. Fellow legislator/blogger Rep. Aaron Peña, D-Edinburg, also was there, and posts photos on his A Capitol Blog.

Rep. Joe Deshotel, D-Beaumont, snaps shots of animals brought by the Texas State Aquarium to the Capitol, including a python, alligator, turtle, terrapin and boa, then uploads them to his Pollabear blog. The Texas Cloverleaf attended the first biennial Texas Stonewall Democratic Caucus in Austin. A lot of political-types showed, including U.S. Senate hopeful Bill White.

Postcards was on the scene for a Capitol demonstration by folks demanding massive changes to Texas state schools. And TFN Insider is calling on readers to attend its Legislative Lobby Day on March 10, starting off with a training session for lobby teams.

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Billy Club

House Bill 1653 by Rep. Marc Veasey, D-Fort Worth, creates a voluntary "Licensed Builders" certification that Bay Area Houston says is similar to the Texas Star Builders program that already exists (but ideally homebuilders would actually participate in Veasey's new program). The same blog also looks at HB 1635 by Rep. Todd Smith, R-Euless, that would outright abolish the Texas Residential Construction Commission.

HB 1986 by Rep. Trey Martinez Fischer, D-San Antonio, "would amend the protective order law to include safeguards for third parties," says Texas Politics, the Houston Chronicle's blog. Texas Politics also writes about Senate Bill 1164 by Sen. Jeff Wentworth, R-San Antonio, allowing concealed handgun license holders to pack heat on college campuses.

The Statesman's Public Capital blog analyzes a bill by Rep. Lois Kolkhorst, R-Brenham, that would give the Texas AG say-so over the hiring of all outside legal advisers to the Teacher Retirement System. Meanwhile, Annex looks at legislation dealing with veterinarians' loans, 17-year-old voters, prison condom distribution, bodily fluids and young legislative advisors.

The Austin Chronicle's Newsdesk goes over a journalist shield law, needle-exchange program and drug cartel bust-up attempt. A Keyboard and a .45 is tracking a pair of house resolutions affirming individual states' rights. (Since those kinds of things tend go over well.) Composite Heap

Burnt Orange Report has established a physical headquarters in "the coolest place to office in Austin," according to the building's website. More importantly, "We've formalized paperwork to turn BOR into a business entity," say the bloggers.

BurkaBlog has a two-parter on the "dire" state of the Unemployment Compensation Trust Fund, here and here. Meanwhile, Junkie has a new feature called "Impact Players" where she'll interview behind-the-scenes movers-and-shakers at the Capitol. First up is lobbyist Jay Propes, who claims journos are more feared than lobsters. And Tex Parte Blog spotted former Texas lawyer Sarah Davis critiquing designer handbags on the red carpet at the Oscars.

Brazosport News gives a heads up that Hearst newspapers (including the Chron and the SAEN) are going to institute pay-to-read policies for some online news content. Poli-Tex brought his camera along with him on a tour of a San Antonio Water System facility, including a taste-test of treated sewer water. And former Dallas Mayor Ron Kirk will be vetted publicly as Obama's next U.S. Trade Representative on March 5, according to Tex Parte.

Potomac has reactions to Obama's big speech Wednesday night from blog contributor Helen Thomas and from the Texas delegation here, here, here, here, here, here, here, here, here, here, here, and here. Capitol Blog took photos during his walk to work through downtown Austin. And Brazosport News reminds readers that some things and people remain constant, even in the turbulent times.

Texas Observer Blog is all over an announcement by Perry in support of building 16 water reservoirs (total cost $260 million), potentially renewing a contentious eminent domain/property rights debate from last session. Via Eye on Williamson, a new blog dedicated to the Republican U.S. Rep. from Round Rock, called John Carter Watch.

George W. Bush supped with U.S. Sen. Kay Bailey Hutchison in Dallas Friday night, reports Trail Blazers. The Oval Office alumnus has pledged to stay out of the GOP race to occupy the Governor's Mansion (or some really expensive rent home near Austin). In other news, Rep. Sylvester Turner, D-Houston, says he will contend for U.S. Rep. Sheila Jackson-Lee's Congressional seat if and when she leaves for Washington, D.C., according to ABC13's Political Blog.


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.

Former U.S. Ambassador and Texas Rep. Tom Schieffer says he's formed a committee for an exploratory run for governor.The Fort Worth businessman says he's been encouraged in early conversations with friends and fellow pols and wants to extend the inquiry to voters. If they're amenable, he'll drop the "exploratory" and run a full campaign for the Democratic nomination. Schieffer was a Democrat in the Texas House, but says he voted for George W. Bush for governor and for president because "he is my friend and business partner." The two were in a partnership that bought the Texas Rangers Baseball Club. And Bush appointed Schieffer as U.S. Ambassador to Australia and, later, to Japan. Bush ran against Democrats Ann Richards, Garry Mauro, Al Gore, and John Kerry; Schieffer said he voted for Bush each time. He also said, however, that he's given more money to Democrats than to Bush, and that he voted for Barack Obama both in last year's primary and in the general election. His announcement speech:

Tom Schieffer Announcement Of Exploratory Committee March 2, 2009 Today is March the 2nd, Texas Independence Day. It is the day when a group of patriots who were born in Mexico, the United States, Great Britain, Scotland, Ireland, Germany, France, Denmark and a host of other nations declared their independence from a government that had betrayed its promises and been seized by a military dictator. March the 2nd was also the day when Texas’ greatest hero was born. Sam Houston, who is still remembered by Texans for his personal courage, sense of honor and duty as well as his grand vision for Texas, was a man who lived his life by a simple motto – do right and risk the consequences. Today, as we celebrate the one hundred and seventy third anniversary of our independence, Texans are worried about their future. They worry that they will lose their present jobs to the current recession or their future jobs to the effects of globalization. They worry about the education their children are getting. They worry about the health care they, their parents and their children are receiving. They worry about the effects of a state government that has become more ideological, more narrow and more partisan than it needs to be. At the very time when Texas desperately needs leadership, people worry that we are experiencing a crisis of leadership. Our politics have become less substantive, less thoughtful, less creative and less innovative when our problems have become more serious, more complex and more challenging. We need to change that. For the last eight years I have been serving my country abroad as an Ambassador of the United States and while I returned to Texas dozens of times during that time it pains me to say that the perception of Texas abroad is not what we in Texas want it to be. Texas to foreigners is often a place where J. R. Ewing and the fictional characters of the old TV Series Dallas are thought to be real. We need to change that. We need to be sure that the world of tomorrow looks to Texas and not past Texas for its solutions. Texas needs leadership that reminds our citizens that we are no longer competing just against our fellow Americans. When you travel the globe as I have you know that Texas is competing against the best and the brightest in the world and they are hungry for success. We need to know that a child entering the first grade in Texas will be able to compete in twenty or thirty years with a child entering the first grade in China or India. If they cannot, then Texas will find itself slipping into the status of a third world country. We live in a time when the world economy is increasingly based on knowledge. To participate in that economy we must do more in education. If we do not restore to the teaching profession the dignity and respect that it deserves, if we continue to starve education in Texas and act as if it is a burden rather than a blessing, if we ignore the fact that hundreds of thousands of young Texans are dropping out of school, if we continue to raise college tuition to make it harder and not easier for young people to get their education, then the Texas we leave to our children will be a Texas less than was given to us. We cannot in good conscience allow that to happen. We must prepare Texas for the future and not the past. When I began my remarks, I talked about the significance of March the 2nd to the people of Texas. I failed to mention one other important event that occurred on March 2, 1861. That was the day that Texas voted to secede from the Union. The Governor at that time was Sam Houston. He told Texans that withdrawing from the Union would be disastrous for America and disastrous for Texas. He pleaded. He cajoled. He argued passionately for reconciliation and understanding, but it was all to no avail. Those who appealed to fear and prejudice had won the day. They demanded that Governor Houston take an oath of allegiance to the Confederacy. Houston refused saying in a letter to the people of Texas that the governor’s “… office holds no charm for me if it must be bought at the price of my principles.” We need the spirit of Sam Houston to be with us again in Texas. We need leadership that will call forth the best that is in us, not the worst. I believe it is time for those of us who love Texas to do right and risk the consequences. I have therefore decided to file the necessary papers to create an exploratory committee that will allow me to seek the Democratic Nomination for Governor of Texas. Over the next few months I will be traveling the state asking people if they believe as I do that we need new leadership. I have no illusions about the difficulty of the task ahead. I know that the road will be hard. But I also know that if someone does not travel that road, Texas will suffer. It is time for all of us to follow Sam Houston’s lead and do our duty for Texas.

Former legislator Toby Goodman didn't break the law by using campaign funds to rent an Austin residence owned by his wife, a court rules.State ethics officials accused Goodman of breaking laws that are supposed to prevent elected officials from enriching themselves with campaign funds. Goodman, relying on an official opinion from the Texas Ethics Commission, paid market-rate rent to his wife for a property that she owned separately from him. And now state district Judge Randy Catterton of Fort Worth says Goodman was following the law because he relied on the TEC opinion, because there was no argument that he owned a share of the property himself, because the rent wasn't at an above-market rate, and because state officials didn't show that any of the rent money actually went to pay the mortgage on the property (a mortgage that included Mr. Goodman's name). The judge issued a summary judgment — attached here — last week.

A group of legislative Democrats called on Gov. Rick Perry to drop his objections to $556 million in federal unemployment insurance money, prompting his office to say the Guv hasn't made up his mind.

Perry is among the critics of federal stimulus money that comes with strings attached. In the case of unemployment insurance, the state would have to change the requirements it puts on out-of-work Texans seeking the help. If it does, more than a half-billion dollars would flow into a fund that's already $750 million in the red, but the changes would add an estimated $80 million to the program's annual cost. It's not clear that the state would be able to drop those requirements (and costs) when the federal money runs out.

The alternative isn't that hot: Either raise the unemployment insurance taxes paid by employers, or borrow the money to keep the fund in the black (debts that would be paid by employer contributions later). The taxes would have to rise even if the federal money is accepted by the state, but they'd be cut by the amount of federal aid: $556 million.

The Democratic lineup in favor of the federal aid included Rep. Jim Dunnam of Waco and Sens. Rodney Ellis of Houston, Eddie Lucio of Brownsville, Eliot Shapleigh of El Paso, Leticia Van de Putte of San Antonio, and Kirk Watson of Austin.

"Well, you heard six of us say it: Number one, take all of the money. Number two, spend the money wisely," Ellis said. "This money is to be used to stimulate the Texas economy — not to supplant projects we were already going to do anyway."

Perry has expressed his reservations about the federal money on several occasions, but a spokeswoman said he hasn't made up his mind about the unemployment insurance funds. "It's unfortunate that today some legislators decided to inject politics into the stimulus discussion," said Allison Castle. "Despite the tone of today’s press conference and the fact that the governor has yet to make a decision, he looks forward to working with all lawmakers on this important issue to Texas families."

While the U.S. Supreme Court mulls the link between campaign contributions and judicial decisions, a new study posted by the Center for Public Integrity tracks the phenomenon in several states (including Texas) and concludes that there is sometimes a correlation between contributions to a judge's campaign and how the judge decides cases. Wallace Jefferson, chief justice of the Texas Supreme Court, has joined the ranks of Texas judges who want to unlink campaigning and judging and any appearances of conflicts; lawmakers are making a fresh attempt at judicial selection reform.

In the meantime, this new study includes this zinger in its abstract: "While we do not find any evidence of a relationship between contributions and the votes of judges in Nevada, it does appear that there is a quid pro quo relationship between contributors and votes in Michigan and Texas." And this one: "While we only examine three states and one year here, the results suggest that there may be circumstances where the appearance of impropriety surrounding campaign contributions and judicial decision-making may be an empirical reality."

They didn't cite particular opinions where the state's high court rewarded contributors. Instead, they're relying on statistical analysis based on the outcomes of cases and the contributions from the lawyers and parties involved.

What they didn't find: Whether decisions follow dollars (corruption) or dollars follow decisions (political philosophy). That, according to the authors (Chris Bonneau at the University of Pittsburg and Damon Cann of Utah State University), needs more study.

The state's unemployment rate rose to 6.4 percent of the workforce in January, according to the Texas Workforce Commission. That's up from 4.4 percent in the same month of 2008, and up from 5.6 percent in December.

The U.S. rate is higher still, at 7.6 percent.

"The national economic crisis is beginning to have a serious, negative impact on our Texas economy," said TWC Chairman Tom Pauken in a press release on the new numbers.

TWC counted 797,000 unemployed Texans in January, as against 542,300 in January 2008 (those are not seasonally adjusted numbers). The December 2008 number: 667,900. The highest unemployment rates in the state were in border areas — Brownsville-Harlingen, at 9.5 percent, McAllen-Edinburg-Mission at 10.1 percent. In the biggest urban areas, Austin, Houston, and San Antonio were all below the state average — doing better than the state as a whole — while Dallas-Fort Worth and El Paso had higher than average unemployment rates.

There's more economic trouble outlined in the Federal Reserve Bank's latest Dallas Beige Book, which starts with this assessment: "Outlooks remain pessimistic, and many contacts expect little improvement through year-end."

Solar and wind energy proposals are stealing the show this Legislative session. Meanwhile, off the main stage, deals are in motion to make a former power source of the future — nuclear — an even more significant part of Texas' energy portfolio. But those plans could change amid environmental concerns and showdowns between corporate giants.

Nuclear power is the third-leading source of electricity in Texas, after natural gas and coal. In November 2008, natural gas and coal plants each produced about 40 percent of the state's electricity, according to the U.S. Energy Information Administration. Nuclear was next with 13 percent; about five percent came from wind and solar. Proponents of nuclear power argue that reactors are reliable, proven sources of electricity that are free from carbon pollution.

Texas now has two nuclear plants — the 2,725-megawatt South Texas Project near Houston, and the 2,300 MW Comanche Peak facility near Dallas. (By comparison, the City of Austin recently decided to build the world's largest solar panel array, at 30 MW, for about $250 million.)

Sen. Glenn Hegar, D-Katy, represents an area encompassing STP and a proposed Victoria County nuclear plant. Texas legislators are limited in what they can do to advance nuclear energy, compared to wind or solar, he says.

Nuclear power "is more of a federal issue than state. The most important thing the Legislature can do is continue to provide regulatory certainty in the restructured wholesale market," Hegar says.

Nuclear power "isn't a big part of my own personal agenda," said Rep. Mark Strama, D-Austin, chair of House Technology, Economic Development and Workforce. It's not that Strama's against nuclear power, he says — it's just that solar energy is more relevant to his district.

Perhaps the reason for state legislators' silence on nuclear power (no bills have been filed so far this session directly addressing the topic) is they consider their mission already accomplished.

"Didn't we do that last session with the decommissioning bill?" said an incredulous Janice McCoy, chief of staff for Senate Business & Commerce chair Troy Fraser, R-Horseshoe Bay. That legislation set up a funding mechanism for decommissioning nuclear plants in Texas' deregulated electricity market, effectively enabling the building of new reactors in the state.

Since that bill became law, applications for three projects in Texas have been submitted for federal approval. If all are okayed, the state's nuclear power production would triple in the next decade or so (A rule of thumb is that it takes about 10 years to go from application to functioning nuclear facility):

• Two new towers at STP would add an extra 2,700 MW of capacity. NRG (44 percent), CPS Energy (40 percent) and Austin Energy (16 percent) own the two existing towers. The new towers would be owned by CPS and Nuclear Innovation North America, a joint venture between NRG and Toshiba Corporation.

• Two new towers at Comanche Peak would add an extra 3,400 MW of capacity. The plant is owned by Luminant, formerly part of TXU Corp. Luminant (88 percent) and Mitsubishi Heavy Industries (12 percent) would own the two new towers.

• Exelon might build a brand-new plant in Victoria, consisting of two towers with a combined capacity of about 3,000 MW. Exelon will soon announce details on technology and capacity of the towers, said Bill Harris, a company exec. In 2010, Exelon will announce if it will pursue the project, Harris said.

Also, Amarillo Power and UniStar Nuclear Energy are pondering a two-reactor plant "at an undisclosed location near Amarillo," according to the Amarillo Globe-News.

None of those projects is a done deal, as corporations contend with a nationwide dearth of capital funding and opposition from grassroots groups. Texans for a Sound Energy Policy Alliance, formed by a wealthy land-owning family in Victoria to fight the proposed Exelon plant, contends that the Guadalupe River isn't an adequate source of water for a nuclear facility.

"The group is not anti-nuclear," executive Director John Figer says. "We're more site-specific about the proposed nuclear plant in Victoria County."

Echoing Figer's water worries is Karen Hadden, executive director of the statewide Sustainable Energy and Economic Development Coalition. She also cited radioactive waste, radioactive leaks, security concerns and monetary cost as major problems with nuclear plants.

"Texas has such a wealth of wind and solar potential that it makes no sense to pursue nuclear, which is a really an energy form of the past," Hadden said.

Activists aside, the energy companies themselves might stand in the way of new nuclear production. Exelon has been attempting to take over NRG, which recently announced it will acquire Reliant's retail electric provider business. It's not clear that Exelon would pursue its Victoria plant if it successfully buys NRG (along with NRG's stake in STP).

After the NRG-Reliant announcement, Rep. Sylvester Turner, D-Houston, sent out a letter saying the transaction thwarts the intent of electricity deregulation legislation. Turner is calling for a Public Utilities Commission of Texas review of the deal.

Rep. Joe Deshotel, D-Beaumont, filed a bill that would make it illegal to "publish through the Internet, or cause to publish through the Internet, an image capable of zooming into greater detail than that of an aerial photograph taken without a magnifying lens 300 feet or higher of private property not visible from the public right-of-way." No closer, for instance, than this.

• The company that runs Lone Star Park — that's the horse track in Grand Prairie — filed for bankruptcy, but the actual owners of the track told The Dallas Morning News they'll open for racing next month, as planned. Magna Entertainment Co. filed for Chapter 11 bankruptcy protection.

Ted Cruz, the state's former solicitor general, now has a website where he can collect names of supporters and giving them information and all that. He hopes to seek the Republican nomination for attorney general if his former boss, AG Greg Abbott, leaves that post to run for U.S. Senate or something else.

• The National Journal's rankings of congress from most conservative to most liberal is out (and on the free part of their website, too). Some highlights: U.S. Rep. Jeb Hensarling, R-Dallas, came out in a three-way tie for most conservative member of the House. Sheila Jackson Lee, D-Houston, was the most liberal member of the Texas delegation and ranked 13th overall in the 435-member House. On the Senate side, Texas Republican Kay Bailey Hutchison is 20th most conservative, and John Cornyn ranks 17th.

• The Houston Chronicle asked the state what it paid employees in 2008 and made a must-see searchable database of it. We typed "executive director" into the blank for job titles, and found two agency heads making over $200,000, a couple more making less than $200,000 but more than $150,000, and another 22 making between $100,000 and $150,000. Same game, with the "commissioner" title: One over $200k, seven under $200k and over $150k, and 19 more between $100k and $150k. And if you just search for the highest salaries, you'll find 16 people making more than $250,000 on the state payroll, led by Thomas Harris, chief investment officer at the Teacher Retirement System, at $434,680; 11 of the 16 are doctors and psychiatrists who work for the state.

• Gov. Rick Perry will have Tony Garza's support in his race next year against Kay Bailey Hutchison. Garza told Texas Monthly he'll stick with the incumbent.

• By the Census Bureau's reckoning, one in five adult Texans didn't finish high school — roughly 3 million people. About half of those didn't make it to ninth grade. And the Texas Education Agency reports that 55,306 students dropped out in 2006-07 — the most recent numbers available. That's got lawmakers talking about career and technical education programs (what were until recently called vocational education) in and after high school. The idea is that some folks just don't want or need to go through traditional college classes or college prep. Several pieces of legislation from Sen. Florence Shapiro, R-Plano, Rep. Rob Eissler, R-The Woodlands, and others would reward high schools that offer CTE courses that sync with college and the job market. Other legislation would set up college and junior college training for adults who need technical and/or remedial classes.

The two lawmakers — who chair the public education committees in each house of the Lege — also want to replace high-stakes standardized tests in elementary and high school with a series of end-of-course and other tests that measure progress along the way. They've got support from the Texas Association of Business and some other groups. Teacher groups are more skeptical. The Texas Federation of Teachers say there's still too much reliance on standardized tests.

The economy stinks and unemployment is rising, but it's a good time to be a trained auditor. Lookit:

The House's special committee on the federal spending package opened a "Texas Stimulus Fund" website to track the money that comes through the state government. That's actually only a fraction of the Texas-bound funds. The numbers have been a little squishy, but the latest estimates are that $16.7 billion in aid will go through the state government while a like amount comes into the state in the form of tax cuts for individuals and businesses. Almost $11 billion will be available to state and local governments through grants for programs like transportation, utility and water infrastructure, environmental and medical programs, and weatherization.

State Comptroller Susan Combs opened a spot on her website to make the stimulus spending transparent. It's detailed, too. As this was written, the site had a 23-page spreadsheet on the federal money and the state breakdowns, where available. She's promising to update that as things develop.

Texas will be one of 16 states targeted for bimonthly reports on stimulus spending by the federal Government Accountability Office. That agency got $25 million to watch the money, and they've worked up a list of states — California and Florida are among the others — that they'll keep an eye. The first report on that front is due in April.

And the State Auditor's Office is putting on its watchdog suit so it'll be ready to count the pennies that have gone through Texas to make sure they're going to the right places. SAO thinks the feds will want quarterly reports — this is apparently in addition to the GAO stuff, above — and that Texas lawmakers might expect the same. And they think the feds will want separate accounting for all of the state's ARRA funds (the official name of this thing is the American Recovery and Reinvestment Act).

The battle over transportation money in that package raged this week, with the Texas Department of Transportation basically making its own decisions about how to spend the money and the Legislature railing about the amount that's going to projects that support toll roads. The approval of TXDOT's plans appears to belong not to state lawmakers, but to the federal transportation folks who have to sign off on the Texas plan before they'll cut a check. Some of the objections from Texas lawmakers made it into the TXDOT package, notably, an acknowledgement that economically distressed areas are targeted by the spending.

Kay Bailey Hutchison isn't officially in (ahem), but is asking voters for money and support for her race against Gov. Rick Perry.

Sex education is in the headlines again. In a recent interview on Fox News, Bristol Palin, the pregnant, teen-aged daughter of Alaska Gov. Sarah Palin, said abstinence-only education is "not realistic at all." Miss Palin makes a good point — but the biggest flaw with the federal abstinence-only-until-marriage agenda isn't just that it is unrealistic — it is that it is ineffective and puts teens' health at risk.

Texas has been a leader of the abstinence-only agenda, receiving more than $18 million last year in federal funding — significantly more than any other state. Yet, Texas has one of the highest teen pregnancy rates, and the highest repeat teen birth rate in the United States. Every 10 minutes in Texas, a teen becomes pregnant. The rates are even higher among African-American teens and are significantly higher among Hispanic teens.

I filed HB 1371 instructing the Texas Health and Human Services Commission to reject federal funding for these failed programs. By passing this bill, Texas would join 25 other states (including Virginia, Montana, Arizona, and New Mexico) that have rejected federal dollars requiring them to stick with a failed agenda that puts our teens at risk.

Abstinence is the number-one most important message that teens can receive, but they also need medically accurate health information that teaches abstinence AND facts about contraception and responsible decision-making. Teens are taught to wear seat belts when they learn to drive — not to encourage them to drive recklessly, but as a realistic precaution. Sex "education" programs that fail to provide young people with the information they need to avoid unwanted pregnancies, to guard against sexually transmitted diseases (STDs) and avoid sexually transmitted infections such as HIV, are those that clearly endanger teens' safety and health.

Texas parents understand the risks and overwhelmingly support providing STD-prevention information to young people. In a 2004 Scripps Howard Poll, 90 percent of Texans surveyed statewide supported teaching students about contraception and the prevention of STDs, in addition to advocating abstinence as a primary choice.

One question remains: Can Texas afford to reject federal funds in this tight economy? This answer lies in the alternative: If we add the cost of teen pregnancies each year in Texas (more than $15 billion over the past 13 years) to the incalculable price paid by each teen who contracts an incurable sexually transmitted infection or faces the uncertainty of living with HIV, we know that Texas can't afford not to reject this failed federal agenda.

To continue to deny health- and life-saving information to Texas teens is neither "realistic" nor responsible. I hope my colleagues in the Texas Legislature will support my effort to help make Texas the 26th state to put its teens' health first.

Eddie Rodriguez, a Democrat, represents House District 51 in Austin.


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