A special judicial commission appointed by the Texas Supreme Court has invalidated the public warning issued against Court of Criminal Appeals Presiding Judge Sharon Keller. Keller had been under the gun for misconduct based on her actions in a 2007 death row appeal. The commission ruled that the procedure leading to the warning, issued by the state Commission on Judicial Conduct, was at fault. Keller was initially investigated using the formal procedure available, but the punishment was only an option if the investigation had been informal.

The curious case of the American allegedly shot and killed on a Jet Ski at Falcon Lake has folks scrambling to keep up with the latest developments. Initial suspicion that the story was false was replaced by stories reporting that officials were searching for two brothers from a well-known drug cartel suspected of involvement in the murder. After that story was discounted came news that one of the Mexican investigators working on the case had been decapitated and had his head delivered to military authorities in a suitcase. The body of victim David Hartley had still not been located.

There won't be a gubernatorial debate, but we got a little bit of drama Monday at State Board of Education debate at the Texas Business and Education Coalition. The notorious board has received national attention for its socially conservative seven-member bloc's attempts to steer Texas curriculum. Democrats were quick to characterize the board as too political and ideological, while Republicans found themselves in the curious position of defending the board's past actions while promising moderation and cooperation in the future.

Maybe they were just feeling solidarity with the rescued Chilean miners, but officials in Atascosa County this week were surprised to learn that the flag they've been displaying on their ballots is not the symbol of the Lone Star State. Instead, a picture of the Chilean flag has been on absentee ballot instructions for several years. An Atascosa County resident studying in Japan pointed out the error when he received his absentee ballot package.

Bipartisanship doesn't have to be dead. This week, a compromise to extend funding of programs at NASA was signed into law after months of work by U.S. Sens. Kay Bailey Hutchison and Bill Nelson, D-Fla. NASA officials were satisfied with the deal, which provides for another shuttle flight in June, extends space station operations for five additional years and provides funds for commercial spacecraft. The legislation also provides a long-range plan for developing deep-space exploratory craft.

FEMA turned down Texas' request for disaster relief from Tropical Storm Hermine, so Gov. Rick Perry did what any responsible executive would do: He appealed to a higher authority. Perry reportedly wrote a letter to the president asking him to reverse the decision to deny aid to the 13 counties affected by the destruction and flooding caused by the storm.

Pretrial hearings were scheduled to get under way at Fort Hood in the case against Major Nidal Hassan, who's accused of going on a shooting rampage last November, killing 13 people and injuring dozens more. But the defense filed new paperwork asking for a month's continuance, and the entire legal team spent over three hours in chambers with the judge in the case, James L. Pohl. Pohl subsequently delayed the start of the hearing until the new issue can be addressed. The defense wasn't saying what the new issue was but cryptically hinted that it might have constitutional implications. Legal experts speculated that the defense is trying to avoid a death-penalty case that is seen as unwinnable.

Convicted murderer Hank Skinner got his day in court this week — the U.S. Supreme Court, that is. The high court issued him a last-minute stay of execution in the spring with the promise of hearing the appeal to determine whether further DNA testing would be allowed in the case. Certain items weren't tested in the original trial, and Skinner and his new attorneys are asking that those items be turned over to them to be tested. Skinner has contended that he was not the one who killed his girlfriend and her two sons and that the testing will help him prove his innocence.

Gov. Rick Perry insists that his reason for not participating in a gubernatorial debate has to do with Bill White's refusal to release certain tax returns, but some observers have a different theory: Perry's actually afraid of Libertarian Kathie Glass. They cite Libertarian Debra Medina's surprising success in the primary debates as evidence that Perry feels threatened by being compared to so-called true conservative candidates. Glass attempted to confront Perry at a campaign event in Humble but was rebuffed by his security detail.

Time Warner TV customers in Dallas got a flashback, seeing ads from Democrat Carol Kent's 2008 race running instead of ads from her current race. Kent beat state Rep. Tony Goolsby, R-Dallas, two years ago. Now she's up against Stefani Carter in that HD-102 contest. And, after an apologetic letter from the cable company saying they had accidentally run the old spots, that's what her commercials now say.

• Three insurance associations are grouping up to lobby on the new federal health care program. The group includes the Texas Association of Health Underwriters, the Independent Insurance Agents of Texas and the National Association of Insurance and Financial Advisors-Texas. They're calling themselves the Texas Coalition of Health Insurance Agents.

• Democrat Jeff Weems appears to be winning the media war, but Republican David Porter is getting the Austin trade groups. The two are running for an open seat on the Texas Railroad Commission. Weems has snagged endorsements from the state's biggest papers (Dallas, Fort Worth, Houston, Austin and San Antonio). But the Texas Oil & Gas Association, the leading trade group for the oil industry that's regulated by the RRC, is flying the red flag, as is the Texas and Southwestern Cattle Raisers Association PAC.

Unlikely allies have teamed up against a proposal that would make it a crime to drive with a blood-alcohol content lower than the current legal and nationally legalized limit of .008 in Texas.

The American Beverage Institute has asked lawmakers to reject the proposal that would punish drivers with a BAC as low as .05 saying it would unjustly inconvenience "adults who drink moderately and responsibly prior to driving," according to a statement released by the American Beverage Institute, which also stated that Austin Police Chief made the initial call to lower the limit. The ABI is getting support from no other than Mother's Against Drunk Driving founder Candy Lightner, the association said.

"MADD has become far more neo-prohibitionist than I had ever wanted or envisioned," Lightner has said. "I didn't start MADD to deal with alcohol. I started MADD to deal with the issue of drunk driving."

The statement also cites data from the National Highway Traffic Safety Administration indicating the average BAC of a driver in a fatal alcohol-related wreck is more than twice the current limit at 0.19%

A Houston-based group sent mailers into at least two House races, but instead of using its political action committee to pay for the mailings, it used a 501c4. The Citizen Leader Alliance, started by Leo Linbeck III of Houston, sent flyers on behalf of Republicans in two districts, carefully avoiding endorsements but expressing its admiration for state Rep. Ken Legler, on one hand, and challenger Marva Beck, on the other. Legler is being challenged in HD-144 by Democrat Rick Molina of Houston, an attorney who's been slamming the incumbent he says is moving jobs to China. Beck is the Republican running in HD-57 against state Rep. Jim Dunnam, D-Waco, getting substantial help from Texans for Lawsuit Reform and other groups who smell a chance to knock off one of the House's top Democratic leaders.

The mailers are similar, and relatively innocuous. "The Citizen Leader Alliance respects Republican Marva Beck because she knows that jobs are what Texans need, not more federal interference and unfunded federal mandates," says one mailer. Other than Beck's name, it's identical to the mailer sent to people in Legler's district.

It doesn't include a political advertising disclaimer, and Meredith Simonton, the group's executive director and the treasurer for the CLA's political action committee, says it doesn't have to. It also doesn't have to disclose where the money that paid for the flyers came from. The relatively small PAC got $50,000 from Linbeck and from a handful of others including Dick Weekly, $50,000; and Harlan, Stuart and Trammell S. Crow, who gave a combined $50,000. The PAC paid for mailings, Internet services and polling during the primary on behalf of Jeff Cason, who unsuccessfully challenged Republican state Rep. Todd Smith of Euless.

But the PAC wasn't playing in this election as recently as its September 23 report. "The piece you saw was sent from CLA, our 501c4 entity," Simonton said via email. "We are working on citizen education in various parts of the state, as it is our mission to educate citizens on public policy issues and to facilitate engagement in the policy process. We comply with all requirements made of 501c4 organizations. And, as a 501c4, we do not disclose a list of our donors. Leo Linbeck III serves as our president and our other board members are public record."

Former state Sen. Kim Brimer, R-Fort Worth, won the mail-in vote two years ago. He beat Democrat Wendy Davis on Election Day, too. But he lost the walk-in early vote in the crush of excited Democrats who went to the polls that year, and that was enough to send him home and send Davis to the state Senate.

Early voting starts on Monday, and Republicans are hoping to tell stories like that one after the election. There are signs they peaked a little early — the maximum chest-thumping period seemed to be in late August and early September — but they're still expecting to have a big day nationally and a big day in Texas. Democrats we know are still apprehensive, but not as worried as they were a few weeks ago. Races that were lost in mid-September have closed up. For instance, there was a Chet Edwards announcement, via press release, that his polls show he's behind by 4 percentage points. That stinks, you'd think, except that it's a big improvement over his earlier polls (salt this stuff heavily, as the polls come from the campaign pushing them as news). Likewise, we're hearing from consultants here and there that their races are tightening up.

That's not enough to put the Democrats in a good mood, necessarily. And not everybody's buying it, either. State Rep. Warren Chisum, R-Pampa, pulled the trigger on his race for speaker this week, saying the House needs stronger leadership and not saying, but likely thinking, that there will be enough Republican gains to assist him in toppling freshman Speaker Joe Straus of San Antonio. Straus, a Republican, was elected with more Democrats than Republicans at his side.

Chisum's pitch is that only a speaker with the support of a majority of his own party can properly run the House. That might be so, but it also describes a narrow path to victory. If this was a story about Congress or about another state, we'd be writing that the GOP caucus will pick the next speaker and that all Chisum has to do is win a majority of that group to defeat Straus. But this remains a bipartisan House, and Chisum can't get to the high chair without some Democrats at his side. See the trouble? He's more popular with the conservative Republicans who resent Straus' embrace of Democrats, but he needs Democrats to win the speakership and he needs to convince enough people in both groups that they'd get a better deal with him in charge than they're getting now. If anyone can pull from both sides, it's probably Chisum.

Overthrowing a speaker, or trying to, is risky; Chisum would have to show enough people that it's worth the risk. It's not clear that Straus has aggravated enough people (or any, really) to create real opposition since he took over in January 2009. That leaves three groups from which Chisum could draw support: Republicans who lost political juice when Straus ousted former Speaker Tom Craddick of Midland, Democrats who think they'd get a better ride from someone other than the current speaker, and new members who haven't formed allegiances to Straus.

If the Republican election gains are large enough, that third group could make this interesting. Chisum's decision to announce before the election could reflect some confidence in that, or could be a signal to other conservative Republicans that it's time to come out and play — while the elections are still in flux.

Straus isn't exactly Bambi here. He's been pressing campaign money into the hands of embattled incumbent Republicans while other GOP groups have been funding attacks on incumbent Democrats. That keeps Straus' hands out of the races of those Democrats — many of whom helped get him elected last year — while buttressing his Republican support with members who might not have supported him over Craddick. Some Democrats are suspicious of that arrangement and suggest Straus is doing more favors for the party that he represents than for the House members who voted him into office. Chisum's playing on that, too, telling the Democrats that when he's against them, he'll be obvious about it. He says it boils down to experience. From his letter to fellow House members:

Today I throw my hat, my experience, and my commitment to the House into the ring for consideration as Speaker of the Texas House of Representatives. Those of you who know me, know that this is not a decision I have entered into lightly, but like many of you I have come to realize that the time has come for us to unite behind a speaker that will lead the Texas House next session as we face our state's many challenges together.

The times demand a strong and decisive leader. The Texas House has enjoyed strong, experienced leadership under Speakers Laney and Craddick, who were fully supported by majorities of their respective political parties. Sadly, recent history has shown us that when a chamber's leadership does not enjoy majority support from his own party mixed with good support from the opposition party, his leadership is weak and ineffective. As a candidate for Speaker of the House, I will give Republicans and Democrats an opportunity to decide whether the Texas House wants to lead this session, or whether it doesn't.

...

In deciding to run for Speaker of the House, I heavily weighed the experience of last session with the demands of the upcoming session. In earnest, we entered the 81st session with open minds, hoping for the brand of leadership Speaker Straus had pledged. However, his approach, guided by his inexperience, instead allowed the minority party to control much of the session's agenda, and the result was no leadership during the total breakdown in the most critical days of the session. Speaker Straus has never served on Appropriations, never served on Ways and Means, has never even faced a difficult budget cycle, much less served as a member during a redistricting session. As the 82nd Legislature approaches, Texas demands a speaker who can successfully navigate these waters. I have the experience and skill that the House requires.

State Rep. Leo Berman, R-Tyler, had been running for speaker but told reporters he is dropping out and will support Chisum. And Straus deflected the story by saying he's busy with other things: "My style of respectful, inclusive leadership has earned the support of the vast majority of members of the Republican caucus and the Texas House. In these critical weeks before the election, I believe my fellow Republicans should be focused on building our Republican majority in the Texas House, as I am working hard to do."

Top appointees and employees at the state Teacher Retirement System overrode staff recommendations in order to hire political cronies and business associates for investment work there, Democratic gubernatorial nominee Bill White charged Tuesday. White cited a whistle-blowing report from a former employee of the agency as evidence that Gov. Rick Perry's appointees and supporters are converting public service to financial gain. The memo, from an investment analyst then employed at TRS, also raised questions about what he thought were inappropriate interventions by members of the TRS board on behalf of firms and consultants seeking to do business with the retirement agency.  "These are largely lapses in business judgment, professional ethics and violations of internal policies and procedures," he wrote. "I believe, however, that some of the issues involve violations of Texas law that I am obligated, by professional standards, state law, and agency policy, to disclose."  Perry's campaign and the governor's state office each say nothing improper, or politically motivated, took place.  "While professional staff and oversight boards will disagree from time to time, the performance of TRS has been both professional and appropriate, and the fund has seen large gains in recent months, with returns in the top 5 percent of all U.S. public pension funds for the past quarter," said Katherine Cessinger, a spokeswoman in Perry's state office.  The Republican's campaign spokesman, Mark Miner, was blunter, saying of White, "He's throwing everything at the wall to see what will stick. … There's nothing here."  TRS took the memo, written in April 2009 by Michael Green, then-director of private markets in the agency's investment division, seriously enough to bring in an outside consultant to investigate. For that job, they turned to Roel Campos, a Texan and former Securities and Exchange Commissioner, to investigate the allegations. He concluded there was "no definitive evidence" anything improper had happened, and he recommended adoption of an ethics policy spelling out proper interactions between board members and the staff and put some standards in place to keep staff disagreements civil. All of that was sent, in turn, to the State Auditor's Office for review. State Auditor John Keel says they looked at the memo, the report, and the fact that the memo had also been shared with Attorney General Greg Abbott and decided not to do anything more with it.  "We didn't take any further action," Keel says, adding that the Campos report seemed to strike a balance between the board's access to information about investments they oversee and the independence of the TRS employees hired to rate investments the fund makes.  Green's memo contains several inflammatory passages. For instance, he writes that his boss "has stated on numerous occasions that 'I manage a fund with billions of dollars in assets, upsetting a board member or friend of the fun over the investment of a few hundred million dollars doesn't make sense.'" He details a series of decisions where Britt Harris, the agency's chief investments officer, "pressured TRS' investment staff and advisor to change their recommendations to decline investments." Several of the firms on that list are run by political supporters of Gov. Rick Perry; Green didn't detail that in his memo, but the White campaign did so, totaling contributions from people associated with firms listed in the memo.  "Perry and his people have milked our teachers' retirement for campaign cash," White said in a press release. "What was leaked today shows the use of political pressure to reward Rick Perry's friends. This is wrong." He called on the governor to release "all relevant documents and emails."  TRS officials say they reacted properly to Green's complaint and say the consultant they hired found no wrongdoing. "The investigation found no improprieties with respect to how the investment decisions in question were made," said Howard Goldman, an agency spokesman, via email.  In August, Green sent a copy of his memo to the criminal prosecutions division at the attorney general's office and to the Travis County District Attorney's office, according to Jerry Strickland, a spokesman for Abbott. "Shortly thereafter, OAG prosecutors met with Green. Because the Attorney General's Office lacks criminal jurisdiction over this matter, we later contacted the Travis County District Attorney's Office to confirm that they were aware of the allegations."  No prosecutions have followed. The district attorney's office couldn't be reached for comment after the close of business Tuesday.  White laid out the memo and made his accusations at an Austin press conference on Tuesday afternoon. He repeated them, somewhat mildly, in a debate later in the evening, citing it as an example of Perry using his office to benefit his supporters, a line of attack the Democrat has pursued throughout his campaign. 

Kerri Briggs, who formerly served as assistant secretary of elementary and secondary education in the U.S. Department of Education and most recently as state superintendent of education for Washington, D.C., began work as the new program director of education reform for the George W. Bush Institute.

Deaths: Gene Fondren, the former state House member and master lobbyist who served for more than 30 years as president of Texas Auto Dealers Association. He was 83.

A week after the Democratic Congressional Campaign Committee invested in airtime in his district, U.S. Rep. Ciro Rodriguez, D-San Antonio, has more help in his race from the national party. Former president Bill Clinton stumped for the San Antonio Democrat on Thursday. His Republican challenger, Francisco "Quico" Canseco, cast the event as a "desperate campaign move" and evidence that the national party thinks the incumbent is in trouble.

In CD-17, U.S. Rep. Chet Edwards aired a new TV ad spotlighting a Dallas Morning News article that revealed his Republican opponent, Bill Flores, failed to repay $7.5 million he received from the federal government to rescue his company from a bankruptcy.

The ad wars also heated up in the state house this week: Rep. Diana Maldonado, D-Round Rock, released a spot playing up her leadership on business and education issues. She faces Republican Larry Gonzales.

Republican challenger Patrick McGuiness jabbed Rep. Mark Strama, D-Austin, across the airwaves, linking the incumbent to President Barack Obama. Strama aired an ad of his own, calling for a focus on renewable energy.

Back to Basics PAC and the Democratic Governors Association both flexed their muscles in gubernatorial race broadcasts. The association released its second ad attacking Gov. Rick Perry for his support of an HPV vaccine mandate. Back to Basics, the PAC funded by Houston trial lawyer Steve Mostyn, released its latest spot, which accuses Perry of diverting recovery funds intended for victims of Hurricane Ike to repair the Governor's Mansion.

There seems to be some confusion in Corpus Christi. Democratic Rep. Solomon Ortiz Jr. says his opponent, Republican Raul Torres, is touting endorsements he hasn't received.

Ortiz has cast doubt on Torres' proclaimed endorsements from the Corpus Christi Caller-Times, the National Rifle Association, the Texas State Rifle Association and local Republican Sheriff Jim Kaelin. Ortiz says his opponent listed the endorsements on his website and in campaign literature but that he's actually received none of them.

"As an elected official and candidate, I know that the public's trust is something you can never take for granted," Ortiz wrote in a letter to supporters highlighting the issue.

In fact, both pro-gun associations have actually endorsed Ortiz, though Torres was given an "A" rating based on his responses to survey questions. Torres' consultant, Christian Anderson, says the campaign has corrected errors in the way it listed the association's ratings.

The Ortiz campaign also produced a letter from Kaelin saying he had received a copy of Torres' campaign literature featuring his image and falsely attributed quotes of support. Kaelin writes, "I told [Torres] in no uncertain words, 'I could not give him my endorsement.'" Anderson says the campaign literature in question dates back to the primary and was the work of a previous consultant who has since been fired.

Torres still promotes the Caller-Times endorsement on his Facebook page, though he actually received the endorsement in his primary race. The paper has yet to endorse in the general election. "Our opponent seems to be making much ado about nothing," says Anderson, who says the campaign never asserted that the endorsement had come after the primary.

When not squabbling over who does or doesn't like whom, the campaigns are busy highlighting alleged ethics violations by their opponents. Torres filed a complaint alleging that Ortiz pocketed $4,050 in campaign cash, and an ethics complaint was filed alleging that Torres did not correctly report assets and liabilities on his personal financial statement. Ortiz says he was reimbursing himself for cell phone bills, which, he says, the Texas Ethics Commission has ruled is permissible. The Torres campaign says errors on his records will be corrected and that his tax records made publicly available.

The latest gubernatorial debate featured everything but the incumbent, who willingly sparred with Republicans during the primary but has avoided appearances with Democrat Bill White, Libertarian Kathie Glass and the Green Party's Deb Shafto. The other three showed up to answer questions about immigration, the budget, education and even their favorite philosophers.The debate, broadcast from the studios of KLRU-TV in Austin and sponsored by a half-dozen media organizations, offered voters a chance to see and hear from the minor party candidates who are usually overshadowed by White and Gov. Rick Perry.  Glass said Texas should "secure our borders and stop all taxpayer supported services to non-U.S. citizens." She said she'd cut the state's budget in half and cautioned against Republicans who she said have been running up the cost of government. "They're going to use this budget problem to institute taxes that they've wanted all along."  Glass got off a number of good lines. Asked about state-sponsored gambling, she suggested the players might be on to something: "If you've looked at your 401k statement lately, you might think that they've made the better choice." Asked if there was something nice to be said about the incumbent, she offered, "I hear he's a pretty good shot."   She said she supports the death penalty but would slow down the process if elected governor, carefully going over the court transcripts before executing anyone. "I feel that we have put some innocent people to death, and that's something that should weigh on a governor and on us as a society."  Glass doesn't think the Republican Legislature would vote to legalize medical marijuana but said as governor she would sign the bill if it reached her desk.  And she had a distinctly contrarian turn to a question about dropouts, suggesting students of a certain age ought to be allowed to quit school. "Maybe they know something about what's best for their lives. If a 16-year-old wants to drop out … you're talking about a product that's so bad, you can't give it away," she said. That might improve school for those left behind: "More than likely, that student is a disruptive force. Let him go. He made a mistake. Ignorance can be cured."  At the end of the debate, the candidates got a couple of minutes to make final remarks. "If by now you're thinking I'd be the best governor but you're not sure that I can win, this closing is for you," Glass said. "… We're in a battle for America and Texas is the battleground … with Kathie Glass, it will be a vote for change."  Shafto, a retired teacher, said the state should continue educating children of undocumented immigrants. "They're anxious. They're education-oriented. Let's let them have it."  Her recommendation for the economy? "I would take state funds and start massive public works projects to get people back to work."  Asked whether gambling offers a way to help the state balance its budget, Shafto turned up her nose. "I think it's sleazy to say the least when you are taking people who don't know what the odds are and using them to finance the state." She favors an income tax and said the state under-taxes the wealthy and overtaxes the poor. "The top 20 percent pay roughly 3 percent of their income in taxes. The bottom 20 pay 12 percent."  Shafto's not impressed with Perry: "I don't want to appear too negative, but I can't think of anything offhand… all in all, I can't think of a single thing. I'm sorry."  She said she's against the death penalty: "I think it's much too drastic."  Shafto had no hesitation about using state and federal money for children's health and said those programs shouldn't be cut to balance the budget. " I would love to have lower cost insurance but not at the expense of one child, whether they are citizens or not citizens," she said. "That's our money," she said of federal funds for CHIP. "Why would we not want to spend it on our children?"  In her close, Shafto said she, too, would be an agent of change. "I want to construct a different kind of world … a world where we care for each other … a world where we care for our environment. … We need to vote for the candidate who best expresses our hopes and desires." 

Travis County prosecutors who reviewed allegations of irregularities at the Teacher Retirement System of Texas decided months ago not to pursue the case. Bill White, the Democratic nominee for governor, on Wednesday called for an investigation "by appropriate authorities" into allegations raised in a 2009 memo from Michael Green, then-director of private markets in the investments division at TRS. Green raised questions about managers and board members overriding staff recommendations and rewarding contracts to friends and allies. White extended that to mean political allies and supporters of his opponent, Gov. Rick Perry.  At the time, TRS brought in an outside consultant to review the allegations and sent his findings on to the state auditor. Green, meanwhile, waited four months and then sent copies of his memo to the attorney general and to the Travis County district attorney for investigation. The AG, seeing that the memo was in the hands of local prosecutors, passed. After looking into it and interviewing Green in September 2009, so did the district attorney.  "We met with Mr. Green on September 3 and we weren't able to identify any criminal violations and we closed this matter on June 22, 2010," says John Neal, first assistant to Travis County District Attorney Rosemary Lehmberg. He said the issue could be raised again, but only if new information or evidence comes to light.