Maybe Dan Branch is right. Asked whether there's a race for speaker, he called it more of a "Speaker Drama" and said Joe Straus (to whom he's pledged) appears to have the thing locked up.

Ken Paxton, the McKinney Republican who's pulled together a dozen votes in his challenge to Straus (who claims 122), says he's got supporters who haven't yet revealed themselves (he did a long interview on the subject of the race, which you can read or listen to on The Texas Tribune, here). And he seems to be relying on a strategy of encouraging members to listen to their constituents while outside groups bang the drums encouraging constituents to call members urging them to vote for a new speaker.

Straus' side is downplaying the race — see Branch, Dan, above — while taking it seriously enough to keep up the barrage of Internet ads and outside messaging and so on.

All of this might not result in a new speaker. But it'll have a role in the tone of the House next session. It's also the only way these guys know how to fight. The big class of Republicans elected in 2002 put Tom Craddick in the speaker's seat and then watched for years as Democrats and a small group of dissident Republicans tortured him from the chamber's back microphone — the one where people go to question bill sponsors. And speakers.

That's over; those guys won the best parking spaces two years ago with Straus' election. And Jim Dunnam, the leader of the Democrats during those years and the champion tormentor from the back mic, lost his reelection bid and won't be there to pester any Republicans this year.

If this lead-in to the session is any indication, it's likely to be Republicans back there raising hell next year. The Democrats are, on paper, too small to matter. But they'll get to play, if they can hold their ranks together, simply because the Republicans are splitting over who's more conservative and who's truer to the cause.

The bigger that split, the more powerful the minority will be. Republicans only number 99 if they can stick together. If they're split into two groups, the winners on any given issue will be those who assemble coalitions from the three groups on the floor: Democrats, Republicans, and Republicans.

Inside Intelligence: Working on the Railroad

With the Texas Sunset Advisory Commission bearing down on the Texas Railroad Commission, we asked the insiders this week whether the RRC should live or die, and whether the commissioners ought to be appointed or elected.

They'd kill it, and they favor appointed regulators over elected ones. Half said regulators should be appointed, while 37 percent prefer elections, 8 percent said it doesn't matter, and five percent don't know. Asked whether the RRC ought to remain as is, 33 percent said keep it, 60 percent said kill it and 7 percent didn't have a preference.

The usual disclaimers apply here: This is a non-scientific survey of political and government and lobby insiders. We ended the survey this week with a question: "Budget writers are looking for other agencies and programs to cut or reorganize. What's the state government doing now that it ought to stop doing?" Some of the things they said, starting with an unusually enthusiastic and detailed answer (the full verbatims are here:

• "First, I'd like to clarify my answers to 1 and 2. The RRC should be abolished and its duties transferred to the PUC with no new commissioners and a 20 percent reduction in staff transferred over from the RRC. There is no savings from replacing the three electeds w/ 5 part-timers and probably complicates matters more. I would support having the Legislature elect the PUC commissioners. State government should get out of the brush removal business. The Department of Licensing and Regulation should be abolished and those functions transferred to the Secretary of State. DIR and the Facilities Commission should be abolished and those functions transferred to the Comptroller. Teleconferencing should be mandatory for most board and commission meetings. Transfer UNT to the Texas Tech System and abolish the individual board of regents for the third tier schools and have them all under the Texas State University System. Give the coordinating board real muscle/teeth to weed out duplicative and underperforming programs. Require all faculty members to teach 12 hours each semester and freeze faculty hiring. Institute salary caps for all state officials at 250 percent of the governor's salary. Combine all retirement systems into one system. Retool secondary education to combine the last two years of high school with the first two years of college in a single junior college and use existing buildings and personnel to handle the courseloads. Combine 9, 8, and 7 grades into middle schools and have grades k-6 in one school. Have Comptroller work with state university architecture schools to develop a standard portfolio of school building plans and require any school seeking a state guarantee of its building bonds to use those standard plans to cut architect and contractor fees. Plan school buildings so that the libraries can be used by the public after hours and combine small town and school libraries. Plan public clinic space that can be used by school nurse and local doctors after hours. Require that all buildings and furniture used by have at least a 50-year lifespan. Make furniture purchases from prison workers manadatory. I have lots, lots more."

• "Given how large and intrusive the federal government presence has become in areas like social services, education and the environment, I question the need for much of state government in those areas. Might be more efficient just to let the feds implement, rather than have the state as a translator between the feds and business/local government."

• "Too many judges in too many levels of court; too much fluff in business development; too much spent on prisons; too many school districts; too much overlap in higher ed and not enough focus on distance learning"

• "Incarcerating more people than necessary. Prison should be for hardened, dangerous people, not those with an addiction problem."

• "None come to mind."

• "Let the Federal Government take over TCEQ."

• "Education and Medicaid spending are the two big places left to cut. The elections showed that the citizens want less government. Both of these should be on the table. It is time to see if the electorate is really ready for the cuts they say they want."

• "Eliminate DIR. Reduce the per-student amount in the Foundation School Program. Eliminate state's subsidy of health care costs at ERS. Opt out of CHIP."

• "Eliminate the Texas House of Representatives. The benefits would far exceed the savings realized in the state budget."

• "That will be the question of the session."

Stumbling Block

Democratic Senators intent on making headway with some of their favored legislation during what’s left of the year will face a roadblock from U.S. Sens. John Cornyn and Kay Bailey Hutchison. The duo was part of the Republican minority that signed and sent a letter to Senate Majority Leader Harry Reid, D-Nevada, warning they would do all they can to avoid taking up matters in the upper chamber until Bush-era tax cuts scheduled to expire this year are extended.

“We write to inform you that we will not agree to invoke cloture on the motion to proceed to any legislative item until the Senate has acted to fund the government and we have prevented the tax increase that is currently awaiting all American taxpayers,” says the letter. “With little time left in this Congressional session, legislative scheduling should be focused on these critical priorities.”

Reid previously said he hoped to make some progress on the controversial Development, Relief and Education for Alien Minors (DREAM) Act, which would provide a pathway to legal residency for individuals brought to the U.S. illegally by their parents or legal guardians before they were 16. Hutchison got a full course in the DREAM Act with a hunger strike outside her San Antonio offices last month by students from the University of Texas at San Antonio, who said they wouldn't eat until the senator agreed to support the measure. The protesters were ultimately arrested after they refused to leave the premises following a nine-hour vigil.

A Democratic Gamble

Conventional wisdom says the house always wins. That didn’t turn out to be true for gambling interests in this last election cycle. According to a report by Texans for Public Justice, those with stakes in the legalization of casinos or slot machines put most of their money down on Democrats, who went on to suffer historic losses in the state.

Almost 80 percent of political donations to House candidates from Indian tribes and gambling political action committees went to Democrats. Nearly two-thirds of those donations went to candidates who ultimately lost. The three most generous gambling-oriented groups — Texans for Economic Development, the Chickasaw Nation and the North Texas Leadership PAC — gave well over $200,000 to House candidates. The chunk going to Democrats was 72 percent, 89 percent and 100 percent, respectively.

The top six House beneficiaries were all Democrats: Reps. Carol Kent of Dallas, Paula Pierson of Arlington, Chris Turner of Arlington, Pete Gallego of Alpine, Robert Miklos of Mesquite and Democratic candidate Michael Smith of Wichita Falls. Only Gallego survived the Republican drubbing in November.

The TPJ report also notes that gambling interests didn’t do much better with the House Republicans they bet on. “Two of their top five House Republican picks lost their primaries,” it says, “while a third died soon after his reelection.”

While few predicted Republicans would pick up as many seats as they did, the odds were in the GOP’s favor this year. Betting on their opponents was a risk, and gambling supporters certainly appear to have drawn a bad hand. But don’t count them out just yet. The final roll of the dice will come in the next legislative session.

Open for Business?

Texas Association of Business President Bill Hammond says the business community must be “a key friend to higher education.” TAB and the Governor’s Business Council hosted a summit in Austin to foster dialogue between stakeholders, including business leaders, higher education administrators and lawmakers.

As legislators head into a finance-orientedd session, the backing of the business community will be important for higher education, a sector that is likely to be in the crosshairs when cuts are made. When the legislative leadership requested 5 percent cuts in the state budget earlier this year, more than 40 percent came out of higher education.

Higher education must also overcome a perception problem. Senate Higher Education Chairwoman Judith Zaffirini, D-Laredo, says she has spent years pushing back against the long-held impression that higher education is “the fat cat,” ripe for some trimming down.

The problem, repeated over and over at the summit, is that Texas is struggling to graduate enough students to sustain a globally competitive economy. In order for the Texas workforce to have 60 percent of the workforce made up of individuals with credentials in higher education — the international standard — by 2030, it will need to produce more than 4.1 million more graduates. Governor’s Business Council chairman Woody Hunt said, “This is one of those things we can’t afford not to do right.”

Much of the summit focused on squeezing more bang out of each buck. One proposal from Higher Education Commissioner Raymund Paredes is to establish a model for the highest-achieving students to get priority access to financial aid. Another proposal with significant support at the summit was the idea of funding universities based on outcomes such as degrees, rather than enrollment, as it is currently.

Reading, Bill-Writing and Arithmetic

'Tis bill-filing season. Here's a roundup of the significant, odd, and otherwise noteworthy in the public education realm:

• On the textbook front, Rep. Dan Branch, R-Dallas, wants to require universities to provide course and textbook information to students "as soon as practicable" to allow for the timely, and hopefully more affordable, purchase of books.

• Rep. Fred Brown, R-Bryan, wants to nix the Higher Education Coordinating Board and move its responsibilities to the State Board of Education.

• A constitutional amendment banning school vouchers is on the agenda of Rep. Richard Raymond, D-Laredo.

• Rep. Mike Villarreal, D-San Antonio, is in favor of raising experience requirements for teacher certification.

• Rep. Carol Alvarado, D-Houston, wants to prohibit sugary drinks from public school campuses.

• There is a quartet of bullying bills: Sens. Judith Zaffirini, D-Laredo; Wendy Davis, D-Fort Worth; John Whitmire, D-Houston; and Peña Raymond all have proposals to curb the behavior.

• Rep. Alma Allen, D-Houston, has a corporal punishment bill that would require a parent's consent to physically discipline a student.

The Week in the Rearview Mirror

Former U.S. House Majority Leader Tom DeLay’s conviction on money-laundering charges the day before Thanksgiving produced a mixed bag of reactions. Old foes were gratified to see “the Hammer” held responsible for his money-laundering scheme, but political observers noted that it wouldn’t lessen his legacy on the redistricting front, as his influence on the redrawing of maps has been widely viewed as a long-term game changer. Lead defense attorney Dick DeGuerin has already appealed the conviction to the 3rd Circuit Court of Appeals in Austin and has predicted that it will be overturned.

Among the bills filed for the upcoming session is one aiming to generate a little more tax revenue for the state by denying some foreign shoppers a sales tax exemption on their purchases. Rep. Chente Quintanilla, D-El Paso, thinks the current system is rife with fraud and needs stricter regulation. Proponents of the system say it encourages retail sales in Texas, but opponents want those seeking refunds to prove purchases are actually being taken out of the country.

Houston voters have spoken, but they might not have the final word. Red-light cameras were voted down on Election Day, but a conflict between the city and the company who provided them, American Traffic Solutions, is delaying their removal. The contract was set to keep the cameras functioning until 2014, but the traffic company is disputing the validity of the referendum. The city sued, the traffic company countersued, and now a federal judge has ordered that the cameras remain in place until all litigation is settled.

The governor’s office asked William E. Morrow, a member of the Texas Emerging Technology Fund's advisory committee, to resign for his involvement in a stock deal with the fund’s former director, Alan Kirchhoff. The deal — which triggered an investigation by the Texas Rangers and Kirchoff’s subsequent resignation — reportedly served as payment for work Kirchhoff did for Morrow’s firm, violating the ethics policy of the governor’s office, which requires employees to get permission to do outside work.

A new statewide power grid has been launched amid controversy about whether it will benefit Texas consumers. The new “nodal” system more accurately measures the distribution of energy, but the cost savings to retail consumers is forecast to be minimal; the bulk of the trumpeted savings will go to industrial and commercial customers.

Sen. Jeff Wentworth, R-San Antonio, must be feeling a little déjà vu: He's filed his proposal to revise the redistricting process in nine consecutive sessions, and his bill to end straight-ticket voting three times now. Straight-ticket voting is only allowed in 15 states, but its abolition in Texas faces stiff opposition from both parties.

Expressing concern about border security, U.S. Sen. John Cornyn met with incoming Tamaulipas Gov. Egidio Torre Cantú to discuss strategy for the Mexican region. The drug war took center stage, with the death toll from the ongoing violence standing at around 30,000. The two also discussed the cash and guns flowing into Mexico from the U.S. and how to best utilize the $1.3 billion in the Merida Initiative, an anti-drug program funded by the U.S.

Political People and Their Moves

Dan Neil is still not in the Texas House, but a recount brought him four votes closer. The Austin Republican's challenge to Rep. Donna Howard, D-Austin, was 16 votes short in the first count. After an official recount, it was 12. He can still take the matter to the full House when it convenes in January. His side says Travis County election officials didn't count straight-ticket votes in his favor on overseas ballots. Howard and her lawyers say those votes are not meant to be counted, that so-called "permanent" overseas voters can vote for federal candidates, but aren't allowed to vote in local contests like the one in HD-48.

Robert Grijalva isn't running for the Texas House. The chief of staff to Rep. Chente Quintanilla, D-Tornillo, says (via press release) that he poked around in HD-77 to see if the time was right to get into a House race. That's not his boss' district — it's where Marisa Marquez, D-El Paso, is the current state representative. The poking around apparently caused some consternation within the El Paso delegation, and Grijalva issued a press release — on state letterhead — to stop rumors of his candidacy.

Texas Rangers owner Nolan Ryan endorsed John Kuempel in the special election in HD-44. Kuempel is one of a herd of candidates hoping to replace the late Edmund Kuempel, R-Seguin, in the Texas House. Ryan, a Hall-of-Fame pitcher, owns a ranch in that district and supported the father before endorsing the son.

Gov. Rick Perry bestowed an honorary Texas Ranger title on Chuck Norris, best known for starring in the television show Walker, Texas Ranger. Aaron Norris, the show's executive producer, also received the honor.

The governor appointed William Buchholtz of San Antonio to the Commission on State Emergency Communications, which helps cities, counties and emergency communication districts implement and maintain 911 emergency communications and poison control center services throughout the state. Buchholtz is executive director of the Bexar Metro 911 Network District.

Perry appointed Marc Farmer to the Texas Economic Development Corp. and also named David Calabres of Dallas the chairman of that panel. Farmer is with the Lubbock Economic Development Alliance. Calabres is a Dallas lawyer.

David Porter, who takes a seat at the Texas Railroad Commission next month, hired Amy Maxwell as his chief of staff and legal counsel, and William Fullerton as his director of public affairs. Maxwell, an Austin attorney, previously worked for Lt. Gov. David Dewhurst and Comptroller Carole Keeton Strayhorn. Fullerton, who was on Porter's campaign staff, was political director for Railroad Commissioner Michael Williams.

Troy Alexander is back where he was ten years ago, rejoining the Texas Medical Association's lobby team after a stint as Speaker Tom Craddick's health and human services wonk and then two years with the Texas Department of State Health Services. He knows his way around Medicaid and other issues, and politics.

Quotes of the Week

U.S. Rep. Joe Barton, R-Ennis, in a slideshow presentation he prepared for the GOP Steering Committee: “Speaker Boehner is our Dwight Eisenhower in the battle against the Obama Administration. Majority Leader Cantor is our Omar Bradley. I want to be George Patton — put anything in my scope and I will shoot it."

CNN host Anderson Cooper to Rep. Leo Berman, R-Tyler, on his bill that would require candidates for president or vice president to show their birth certificates to government officials because, Berman says, the American people don’t know where President Barack Obama was born: “You're basing legislation on stuff that's just rumors and stuff that's been proven to be false.”

House Appropriations Chairman Jim Pitts, R-Waxahachie, telling a hometown Tea Party group how he interpreted November’s election results: “We’re making huge cuts.”

Charter bus driver Raúl Vargas, who regularly treks from Monterrey, Mexico, to Dallas with a busload of Mexican Dallas Cowboys fans, on his hopes that his violence-plagued country — and the football team that keeps him in business — will see better days, to The Dallas Morning News: “I have faith that both the Cowboys and Mexico will improve.”

Eric Olsen, a senior adviser at the Woodrow Institute Center for Scholars in Washington, D.C.. on whether the arrest of Arturo Gallegos Castrellón, a high-level capo in the Juárez cartel, will have an effect on the violence in Ciudad Juárez, to The Texas Tribune: “As important as this is, I don’t think it’s going to turn the tide or be the straw that broke the camel’s back for the cartels operating in Juárez. It’s a many-headed monster. You lop off one and more emerge."

Terry McDonald of the Coalition of Reason, an atheist-rights group, on the timing of atheist-themed messages appearing on city buses, in the Fort Worth Star-Telegram: “I'm not unhappy it's running during Christmas. Why do Christians own December? There were people that said this may cause a problem. That doesn't bother me."

Freshman Rep. Rodney Anderson, R-Grand Prairie, tweeting during House freshman orientation: "Drew Number 1 for class seniority...now what..."

Don Reay, executive director of the Texas Border Sheriff's Coalition, on Hudspeth County Sheriff Arvin West, who arrested singer Willie Nelson for marijuana possession last week, quoted in the Tribune: "He’ll either be goat or hero, depending on the person."

Contributors: Julian Aguilar, Reeve Hamilton, Ceryta Lockett, David Muto and Morgan Smith

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Texas Weekly: Volume 27, Issue 46, 6 December 2010. Ross Ramsey, Editor. Copyright 2010 by The Texas Tribune. 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) 716-8600 or email biz@texasweekly.com. For news, email ramsey@texasweekly.com, or call (512) 716-8611.

A controversial, unprecedented hearing on the constitutionality of the death penalty may take place after all. The Harris County district attorney's office had asked the Texas Court of Criminal Appeals to halt the proceedings of a case challenging the death penalty as it's administrated in Texas, and the high court intervened on Tuesday. Both sides were directed to file responding briefs with the court within 15 days while the case against accused murderer John Edward Green Jr. — who defense lawyers say is at risk of being wrongfully executed — remains on hold, pending the appeals court's decision.

• Democratic state Rep. Donna Howard appears to have held onto her Travis County seat following a recount, ending Republican hopes for a supermajority in the House. Official recount figures showed Howard winning by 12 votes, four fewer than the 16 by which she'd been previously leading. Republicans had hoped pull out a supermajority of 100 representatives if Howard's opponent, Republican Dan Neil, had prevailed, but will now have to settle with 99.

• Thirty-seven newly elected members of the House visited the Capitol for a crash course on procedures and issues they'll be tackling in January. Briefed on pressing topics like the budget shortfall, redistricting and public and higher education, the freshmen — most of them Republicans — also discussed their backgrounds and their goals for the upcoming session.

• U.S. Sen. Kay Bailey Hutchison's unpopularity among some of the noisiest conservatives could be a liability for her if she decides to run for another term. Conservatives and Tea Party activists are becoming vocal about opposing Hutchison, who also angered some voters by promising to step down when running for governor and then remaining in office. Tea Party members complain that Hutchison is insufficiently conservative and has been in Washington too long.

• Because of formula changes, Texas stands to lose about $1.2 billion in Medicaid funding late next year on top of a reduction in the percentage funded with stimulus dollars, which will expire in June.

• The Environmental Protection Agency issued an emergency order to protect homeowners in Parker County from a possible explosion. After chemical components of natural gas were found in drinking water there, the federal agency issued an order under the Safe Drinking Water Act requiring the drilling company it deemed responsible, Range Production Co., to identify the source of the leak and to provide two homeowners whose wells are contaminated with potable drinking water. The Texas Railroad Commission is still investigating who is responsible and whether the procedure popularly known as fracking caused the natural gas to leak into the water supply.

• State leaders have again asked all state agencies to slash an additional 2.5 percent from their budgets. Sales tax revenues have continued to fall short of projections, leading to a predicted shortfall of up to $28 billion in the next budget cycle. Programs that have been immune from previous cuts are suddenly on the chopping block, including college financial aid and prison funding.

• Texas consumers got a boost from state Insurance Commissioner Mike Geeslin, who issued an order banning discretionary clauses from insurance policies, calling them unjust and deceptive. Most commonly found in long-term disability policies and health care policies, the clauses have already been banned in 22 other states. The new rule goes into effect after Feb. 1 for disability claims and July 1 for all other types.

• State Rep. Dan Flynn, R-Van, told the Associated Press he'll do an audit on himself after being asked why he sought reimbursement for the same expenses from the state and from his campaign. Flynn's a former bank examiner.

Tom DeLay's sentencing was put off until next month (the day before the legislative session, January 10), but state Rep. Kino Flores, D-Palmview, is scheduled to be sentenced next week. Flores was accused of leaving things off of his legally required personal financial disclosure forms. He was convicted on charges of perjury and tampering with government records. He didn't seek reelection, but hasn't resigned, either.

• Fundraising stops this week for state officeholders and will remain closed until after the legislative session. Their next reports on spending and contributions are due in mid-January. There are loopholes: Lawmakers can raise money while they're passing laws for charities and nonprofits, and state officials seeking federal office can raise money for their federal accounts in spite of the ban on fundraising for their state campaign treasuries.

DREAM Act supporters have a few more days to cross their fingers following a decision by the U.S. Senate to postpone its vote on the measure, which would grant legal status to undocumented students brought to the country illegally as children.

The U.S. House gave DREAM Act supporters — including several Texas college students on a hunger strike — hope after it passed the measure Wednesday. After the vote, U.S. Rep. Silvestre Reyes, D-El Paso, had this to say: "Today's vote by the U.S. House of Representatives not only corrects a fundamental injustice that has existed for far too long in this nation, it also strengthens the ability of our law enforcement to focus on those undocumented individuals who may pose a security risk to the United States. This legislation is long overdue, and I commend my colleagues in the House for taking decisive action to address this longstanding problem that has adversely impacted thousands of young people living in the shadows."

The Senate postponed its vote until next week, but Texas' Republican U.S. senators, John Cornyn and Kay Bailey Hutchison, will be part of the body opposing the measure. In a statement, Hutchison, previously seen as a potential swing vote, said: "I will not support the Dream Act legislation brought before the Senate because it expands the scope of the bill beyond the intended individuals who were brought here as children and grew up and were educated in the United States."

In a conference call with reporters, Cornyn said, "I have a lot of sympathy for these children who were brought to this country through no fault of their own. But this is the wrong way and the wrong time to try to move this one component of immigration reform through the Congress."

Insiders split down the middle this week when asked whether lawmakers ought to be paid full-time salaries instead of the $600 per month they make now. The insiders divided that pie carefully: 48 percent favor paying lawmakers a full salary, while 51 percent would leave things as they are (the other 1 percent was undecided).

Two-thirds believe officeholders should be required to disclose more details about their personal income and assets than they do now. That's been in the news, with state Rep. Kino Flores, D-Palmview, set for sentencing next week on convictions related to his financial disclosures. Only 30 percent of the insiders say current disclosure laws are enough.

Their comments were pretty interesting. We got responses from 156 people this week, and they jumped right into the open question, which went like this: "Several Texas lawmakers have been in trouble in recent months over issues related to personal income and ethics — using their public positions for personal gain. Should state law be changed to make that harder to get away with, or to make it less attractive in the first place?" The full set of answers is available in our Files section. But here's a sampling:

• "In theory, yes. However, I don't trust this incoming legislature to be able to pass legislation to address the issue, so it should be left for a saner time."

• "No, you can't legislate ethics."

• "There needs to maximum transparency and significant penalties. Too many people now believe that all politicians are corrupt and that has to change if we are ever going to restore faith in government."

• "We need to have full-time salaries and tougher disclosure laws on income outside the legislature. Otherwise we will continue to have bought members as we have for over a century."

• "Part of the reason they get in trouble is because it's difficult to make a living and be a legislator"

• "No"

• "Let's face it, being a Texas legislator is a full-time job. It is hard to make a living and be in the legislature. This leads officials to cut ethical corners. So, we should pay them properly and demand full and complete disclosure. No more loopholes, no more gimmicks."

• "Changed to what? The same problems exist in every legislative body, from Congress to the local city council. It's called "human nature." I'm still trying to figure out how it is that legislators only make $600/month, yet I've rarely seen one leave the Capitol poorer than when he came in..."

• "No. We already have provisions to deter conversion to personal use. And campaign researchers still need them to make these dumb decisions so we have something to use against them when they run for reelection."

• "Pay should be increased, not so much so as to get away from the citizen legislator, but enough to warrant a more stringent reporting of political activities and to ensure separation of business and state interests."

• "Generally yes, but it depends on the proposal. Establishing a penalty of capital punishment would make it less attractive. Not sure that is a good idea."

• "I have always felt that there is too much emphasis on minor reporting mistakes and not enough emphasis on how legislators make their money. I think Title Companies and local consulting contracts are a current area of concern."

• "I think we're between a rock and a hard place on this issue. We're stuck between this 1700's nostalgia about citizen legislators and 2010's reality about what is required to guide this state through a budget shortfall and toward 40 million people. If increased scrutiny discourages potential officeholders, then we didn't need them to start with. "

• "How they can get away with representing a client in front of a state agency is beyond me."

• "I'd like to make the radical suggestion that current laws be enforced."

Our thanks to this week's participants: Sylvia Acevedo, Cathie Adams, Brandon Aghamalian, Victor Alcorta, James Aldrete, Clyde Alexander, George Allen, Matt Angle, Christian Archer, Doc Arnold, Jay Arnold, Jim Arnold, Kip Averitt, Louis Bacarisse, Charles Bailey, Tom Banning, Walt Baum, Eric Bearse, Leland Beatty, Dave Beckwith, Luke Bellsnyder, Tom Blanton, Hugh Brady, Andy Brown, Terri Burke, Lydia Camarillo, Marc Campos, Snapper Carr, Janis Carter, Corbin Casteel, William Chapman, George Cofer, Rick Cofer, Lawrence Collins, John Colyandro, Harold Cook, Hector Deleon, Kate Doner, Scott Dunaway, David Dunn, Jeff Eller, Craig Enoch, Alan Erwin, Ryan Erwin, John Esparza, John Fainter, Jon Fisher, Terry Frakes, Kyle Frazier, Neftali Garcia, Bruce Gibson, Machree Gibson, Scott Gilmore, Daniel Gonzalez, Jim Grace, Thomas Graham, Michael Grimes, Jack Gullahorn, Anthony Haley, Wayne Hamilton, Bill Hammond, Sandy Haverlah, Albert Hawkins, Susan Hays, Jim Henson, Steve Holzheauser, Shanna Igo, Deborah Ingersoll, Richie Jackson, Cal Jillson, Jason Johnson, Karen Johnson, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Tim Lambert, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Donald Lee, Randy Lee, Luke Legate, Leslie Lemon, Richard Levy, Lance Lively, Susan Longley, Ruben Longoria, Vilma Luna, Matt Mackowiak, Phillip Martin, Bryan Mayes, Richard McBride, J. McCartt, Dan McClung, Scott McCown, Carol McDonald, Mike McKinney, Kurt Meacham, Robert Miller, Lynn Moak, Michael Moore, Bee Moorhead, Steve Murdock, Craig Murphy, Keir Murray, Todd Olsen, Gardner Pate, Bill Pewitt, Jerry Philips, Tom Phillips, Royce Poinsett, Kraege Polan, Jay Propes, Ted Melina Raab, Bill Ratliff, Karen Reagan, Tim Reeves, Chuck Rice, Carl Richie, Kim Ross, Luis Saenz, Mark Sanders, Jim Sartwelle, Stan Schlueter, Steve Scurlock, Jennifer Shelley-Rodriguez, Christopher Shields, Kevin Shuvalov, Carol Sims, Ed Small, Martha Smiley, Terral Smith, Todd Smith, Tom Smith, Larry Soward, Jason Stanford, Keith Strama, Bob Strauser, Colin Strother, Frank Sturzl, Russ Tidwell, Trey Trainor, Lisa Turner, John Weaver, Ken Whalen, Darren Whitehurst, Chad Wilbanks, Christopher Williston, Michael Wilt, Alex Winslow, Lee Woods, Eric Wright, Peck Young, Angelo Zottarelli.

That steady drip, drip, drip in the biennial Scare the Speaker thing has been plugged for the moment. Scratching around for other amusements, we came upon a congressional map for Texas showing who's got too few and too many people in their congressional districts.

That steady drip, drip, drip in the biennial Scare the Speaker thing has been plugged for the moment. Scratching around for other amusements, we came upon a congressional map for Texas showing who's got too few and too many people in their congressional districts.

Six districts come up short of the numbers they need, meaning they'd have to scratch around for more population: Three in West Texas and one each in Dallas, Harris, and Bexar counties. Mac Thornberry, R-Clarendon, has the most underpopulated district. Michael McCaul, R-Austin, the biggest, with almost a million people in it.

The artists at the Texas Legislative Council used the 2009 Census estimate of the state's population: 24,782,302. And they assumed Texas is getting three new seats, bringing the total in the delegation to 35. That would mean 708,066 people in each district (a state's congressional districts have to be the same size; legislative districts are allowed some deviation).

The other undersized districts are currently occupied by Gene Green, D-Houston, Pete Sessions, R-Dallas, Randy Neugebauer, R-Lubbock, Michael Conaway, R-Midland, and Charlie Gonzalez, D-San Antonio. Everyone else in the delegation would lose population to the flyweight incumbents or to one of the three new districts.

The most overpopulated districts, after McCaul, are held by Michael Burgess, R-Flower Mound, Pete Olson, R-Sugar Land, Sam Johnson, R-Plano, John Carter, R-Georgetown, and Lamar Smith, R-San Antonio.

Louie Gohmert's district is closest to the right size; he'd need to lose only 2,348 people to come in line with the new numbers.

If Texas gets four seats instead of three, only four districts would start off with too few people, but the number of districts that have to lose people would rise accordingly.

Population estimates for Texas House and Senate districts aren't available — the Census folk work for Congress, so that's who gets the numbers. The actual population numbers that'll be used for redistricting will be available in April at the latest. If the total population number is right (it's not), the standard Senate district next time will have 799,429 people and the average House district will have a population of 165,215.

The state has a new solicitor general: Jonathan Mitchell will replace James Ho, who held the job for three years. That's the title for the state's top appellate lawyer. Mitchell graduated from the University of Chicago's law school and clerked for U.S. Supreme Court Justice Antonin Scalia and most recently was teaching law at George Mason University. That's not the only change at the state attorney general's office. AG Greg Abbott named David Mattax his director of defense litigation; assistant AG Jeff Graham will fill Mattax's old job as acting chief of the financial litigation division. Still more: Ruth Hughes, who held the job Mattax is taking, is on her way back to the private sector after six years with the state. And Don Clemmer will take the title of acting deputy AG for criminal justice. That had been the purview of Eric Nichols. And last: David Maxwell, who's been a Texas Ranger (the gun-toting kind — not the bat-toting kind) for the last 20 years, joins the AG as deputy director of law enforcement.

State Rep. Allan Ritter, D-Nederland, is telling associates he will switch to the Republican Party next week. Ritter was not immediately available for comment. He says in a statement that he'll announce the switch on Tuesday: "In order to best reflect the views of the majority of the people of District 21, I have decided to change my party affiliation. I believe this will allow me to more accurately and effectively represent my constituents while addressing the challenges facing our state. There will be a formal announcement this Tuesday in Austin."That will give the GOP a 100-member super-majority in the Legislature's lower chamber — a number that allows them to pass constitutional amendments and other matters without seeking support from the Democrats. Ritter's switch will also give Speaker Joe Straus another vote in the House Republican Caucus, which could turn out to be the forum where the next speaker is chosen. Straus foes within the GOP say they want a leader who can win the post without depending, as Straus did two years ago, on support from the minority party. Straus says he has the majority of the Republicans on his side; a vote inside the caucus would prove it. Ritter, who would have been a candidate two years ago had the Democrats had a majority, is now with Straus. The East Texan is in a conservative district; in fact, after the Republican sweep in the latest election, his is the most conservative seat in the House represented by a Democrat. He was one of the survivors in the elections last month, a result that might have been different if the Republicans had found a candidate to run against him. Ritter isn't alone. Aaron Peña, D-Edinburg, has been considering a switch a for more than a week. It's been a year since state Rep. Chuck Hopson of Jacksonville jumped the fence and became a Republican. He won his reelection by a larger margin than he ever produced as a Democrat.

U.S. Rep. Lamar Smith, R-San Antonio, was appointed chairman of the House Judiciary Committee, effective when the Republican-led Congress convenes next year.

Texas Solicitor General James Ho announced that he is leaving the post he has held since 2008. He will go into private practice, though he says he does not yet know where. He's been commuting between Dallas and Austin for some time now.

The Mexican-American Legislative Caucus elected its officers: Trey Martinez-Fischer, D-San Antonio, chairman; Eddie Rodriguez, D-Austin, vice chairman; Armando Martinez, D-Weslaco, secretary; Roland Gutierrez, D-San Antonio, treasurer; and Veronica Gonzales, D-McAllen, general counsel.

Gov. Rick Perry named attorney Edward Vaughan of Bulverde chairman of the Texas Water Development Board.

Perry appointed Randy Watson of Burleson to the Texas Commission on Law Enforcement Officer Standards and Education, or TCLOSE, which ensures Texans are served by highly trained and ethical law enforcement. Watson is president and CEO of Justin Brands, a division of Berkshire Hathaway.

The Guv put Mario "Omar" Garcia on the board of the Texas Economic Development Corp. Garcia is vice president of the San Antonio Economic Development Foundation.

Perry named Joe Grubbs of Waxahachie to the 378th District Court in Ellis County. Grubbs is currently the county and district attorney and is a former mayor of Waxahachie. He'll replace Al Scoggins, who's on his way to the 10th Court of Appeals in Waco.

Dan Wattles is the now the governmental relations director for the Texas Municipal Retirement System, succeeding Eddie Solis, who left that job for a new one at Hillco Partners. Wattles was the legislative coordinator at the State Auditor's Office before this.