Anti-Washington, in More Ways Than One

Serving in the U.S. Congress is a pretty big deal. Members get a front-row seat in the theater of American history. They make $174,000 a year and, assuming voters keep them around long enough, get a nice pension.

So it’s not surprising that Congress has generally been a big draw for members of the “part-time” Texas Legislature, which has produced a long list of U.S. representatives eager to represent a slice of the Lone Star State in the nation’s capital.

Among them are famous Texans like John Nance Garner, Sam Rayburn, Barbara Jordan and Charlie Wilson. Many of the current members of Congress also got their start in Austin, including Ralph Hall, John Culberson, Kevin Brady, Kenny Marchant, Lloyd Doggett, Henry Cuellar, Gene Green and Eddie Bernice Johnson.

There are, no doubt, members of the Legislature right now who’ll eventually jump at the chance to go to Washington. But judging from the way they’ve gone about producing a new congressional map, the Legislature seems to have little collective enthusiasm for it, much less a burning drive to protect any sitting U.S. House members.

Part of it probably stems from the sullied reputation of Washington, awash in debt, perceived as out of touch with average Americans and paralyzed by partisan gridlock. There isn’t much love lost, either, between Austin and D.C., a favorite whipping post for the Tea Party activists who have dominated state and national politics for the last couple of years. Some state legislators also find the incessant travel and fundraising unattractive. Begging for money for a federal race, in which individuals can give no more than $2,500, can seem downright un-Texan to politicians used to raising unlimited sums.

Both Sen. Kel Seliger, R-Amarillo, and Rep. Burt Solomons, R-Carrollton, co-authors of the congressional map working its way through the Legislature, said no member of the state House or Senate has asked them to draw a district they could run in and win.

“The allure of going to Washington — of Mr. Smith goes to Washington — doesn’t seem to be quite as prevalent as it used to be, at least for this bit of the cycle,” Solomons said.

Seliger theorized that legislators feel like they can have more of an impact in Austin, not so rigidly partisan like Washington, and aren’t eager to confront the high “level of disdain” ordinary citizens have for Congress.

“My guess is with Anthony Weiner’s antics this week, it’s not getting any better,” Seliger said, referring to the New York congressman facing calls for his resignation in the wake of a scandal about sexually explicit photos and texts.

There’s also a fairly widespread feeling in Austin that Texas members of Congress don’t pay much attention to the needs back home until they need something themselves — like a good district to represent. It’s not uncommon to see members of Congress walking the halls of the state Capitol every 10 years, when lawmakers have to redraw boundaries for the Legislature and the Texas congressional delegation. Otherwise, they aren’t such a common sight in these parts.

Suffice it to say that members of the Legislature care more about their own districts than those conceived for the hallowed members of the U.S. House.

On the day the state House passed its own map, members dispensed with their congratulatory resolutions and procedural business in about an hour, which in lower-chamber time-keeping might as well be the speed of light. There was no need to issue a quorum call. Reporters went scrambling for their guidebooks to identify “furniture” members who almost never talk about issues but were eager to discuss (and knew intimately) the proposed configuration of their districts down to the VTD, or Voter Tabulation District.

Both the House and Senate also adhered to the tradition of keeping their hands off each other’s maps, passing them simultaneously — trusting but verifying — without the slightest change in either chamber. The Legislature never got off first base on congressional redistricting in the regular session, and that didn’t seem to bother anybody much in the Legislature. It did bother the GOP congressional delegation, which in a special legislative session is now on the verge of getting the strong Republican map it wants.

Ambition or boredom will certainly drive some House or Senate member, perhaps one eager to represent a new Hispanic district split between Austin and San Antonio, to run for “higher” office in Washington. Then the vast majority left behind will get to moan and complain when their old colleague returns to visit.

In 10 years.

Locally Grown

Sen. Steve Ogden, R-Bryan, is the latest lawmaker to say it: A $4 billion shortfall in state funding doesn’t have to mean teachers without jobs.

School districts could spend their reserve funds, he told his colleagues in the Senate. They could “tighten their belts in other areas.” Or, he said, they could pursue what he called “a good exercise in democracy”: Ask voters to raise local taxes.

Across the state, schools are considering the latter. A question heavy on their minds: Will the same public who sent lawmakers to Austin with the overwhelming no-new-taxes imperative accept paying more locally to preserve programs and jobs?

In 2006, the Legislature voted to reduce property tax rates by a third, setting the majority of districts’ property tax rates at $1 per $100 of property value. Current law caps property tax rates at $1.17 and requires a “tax ratification election” for districts to levy more than 4 cents higher than their 2006 rate. Most districts will likely finalize their budgets in July, when they know the exact details of the new school finance plan from the Legislature, so it’s too soon to tell whether the reduction in state financing will result in a wave of property tax increases across the state. Look for boards to make those decisions in late summer. 

Catherine Clark, an associate executive director at the Texas Association of School Boards, said her organization, which provides legal services to school boards, had received fewer inquiries about conducting TREs than at this time last year. She said that was because districts, ever cautious about undergoing potentially divisive campaigns to increase taxes, were likely still awaiting the final school finance plan and July property value appraisals.

But a handful of districts across the state have already taken the plunge.

Keller ISD, a midsized district located in a suburb of Fort Worth, called an election for June 18 to go from $1.04 to the maximum $1.17. Mark Youngs, a deputy superintendent there, said the increase was “purely to replace lost state dollars” and had been in the works since 2010.  He said the board wanted to hold the election in June so that if it failed, the district could lay off workers in time for them to find other jobs.

“Many districts have [elections] in September after Labor Day, thinking that the good feelings of being back in school would increase the likelihood of passage,” Youngs said. “But then you are laying off in September and October, and districts have already staffed up.”

To successfully push a tax increase, school boards usually have to demonstrate they’ve explored all other options — and coping with $4 billion less in state funding will help them do that. 

“It's not a matter of if we are going to have a TRE — it's a matter of when,” said Joe Smith, a former superintendent who runs texasisd.com, a clearinghouse of news and information for school officials. “That's the feeling that most of them have.” 

Seeking Sanctuary (and More?)

Will it be another legislative Christmas tree, or will Sen. Tommy Williams, R-The Woodlands, like he has before, limit his homeland security bill to only the items on it?

Surprising few, Gov. Rick Perry added immigration and homeland security measures to the special session call this week, leading lawmakers to file some of the same immigration measures that didn’t survive the regular legislative session.

Williams’ SB 9 revives the contentious sanctuary cities legislation and would also expand the Secure Communities initiative, which aims to deport immigrants who run afoul of the law and are arrested and processed in detention facilities. The bill would also codify requirements the Department of Public Safety put in place years ago that require immigrants to prove their legal status before obtaining a driver’s license or ID.

Williams said during the regular session that he wanted to keep his homeland security bill and sanctuary cities legislation separate. And he did, watching an omnibus homeland security bill sail through the Senate but die in the House. And he watched HB 12, the sanctuary cities bill, die in the Senate after passing through the House on a party-line vote.

But the meshing together of these issues now could have lawmakers trying one last time to attach what they see fit. Rep. Debbie Riddle, R-Tomball, who made headlines in January after waiting outside the clerk’s office for hours to be the first to file immigration legislation, has already filed three bills of her own, including legislation that would make it a trespassing crime to be in the state illegally, make knowingly hiring an illegal alien a state jail felony, and another that would require state agencies annually report the cost of providing services to illegal immigrants. Riddle filed the same bills during the regular session, but none of them made it to the House floor for a vote.

Other lawmakers are hoping the session gives them another chance at expanding the dialogue between state and federal lawmakers. Rep. Will Hartnett, R-Dallas, introduced a resolution urging Congress to grant illegal immigrants a path to legal status or citizenship if they serve four years in the military after graduating from high school. Another resolution by Rep. John Garza, R-Corpus Christi, urges Congress to overhaul the country’s immigration system.

Williams’ SB 9 goes before the Senate Committee on Transportation and Homeland Security, the committee he chairs, on Monday. It’s likely to draw the same heated and emotional debate the bill saw the first time around. It’s more likely, however, to make it to Perry’s desk this time. Senate Democrats aren’t capable of preventing the measure from seeing floor action during the special session: The two-thirds vote is not needed to suspend the regular order of business, and they’re outnumbered 19 to 12.

Inside Intelligence: The Best and Worst Were...

We asked our insiders this week about Texas Monthly's forthcoming list of the Ten Best and Ten Worst Legislators — perhaps the most talked-about and eagerly anticipated media pronouncement in the state in any odd-numbered year.

The magazine's senior executive editor, Paul Burka, and senior editor Nate Blakeslee have put the finishing touches on the list, which will be released via the @texasmonthly Twitter feed Wednesday morning. But before they have their say, we wanted to know which members deserved to be Bests and which deserved to be Worsts. We were also curious about which first-term members were worthy of Rookie of the Year honors. And we wondered how the leadership should be treated: Do Speaker Joe Straus, Lt. Gov. David Dewhurst and Gov. Rick Perry deserve to be included as Bests or Worsts?

Lucky for us, our insiders were in agreement on their picks for both lists. Interestingly, in one celebrated case, they put the same member on both the Best and Worst lists.

For Bests, they cited, more often than other lawmakers, Sen. Steve Ogden, R-Bryan; Sen. Robert Duncan, R-Lubbock; Rep. Jim Pitts, R-Waxahachie; Sen. Wendy Davis, D-Fort Worth; Rep. Senfronia Thompson, D-Houston; Sen. Juan "Chuy" Hinojosa, D-McAllen; Rep. John Zerwas, R-Simonton; Sen. Kevin Eltife, R-Tyler; Sen John Carona, R-Dallas; and Sen. Kirk Watson, D-Austin. For the record, 93 different members of the Legislature received at least one mention from our insiders.

For Worsts, our insiders selected Sen. Dan Patrick, R-Houston; Rep. David Simpson, R-Longview; Rep. Trey Martinez Fischer, D-San Antonio; Rep. Debbie Riddle, R-Tomball; Sen. Wendy Davis, D-Fort Worth; Rep. Gary Elkins, R-Houston; Sen. Jeff Wentworth, R-San Antonio; Rep. Leo Berman, R-Tyler; Sen. Troy Fraser, R-Horseshoe Bay; and Rep. Burt Solomons, R-Carrollton. One hundred and two different members of the Lege received at least one mention.

For Rookies of the Years, our insiders like four first-terms more than any other: Sen. Jose Rodriguez, D-El Paso; Rep. Dan Huberty, R-Houston; Rep. Jose Aliseda, R-Beeville; and Rep. Lyle Larson, R-San Antonio.

As for the leadership? Well, our insiders can't say they weren't, um, candid. The full set of verbatim answers is attached, but here's a sampling:

"Straus: Worst. No leadership, bad legislative management, total failure to use a supermajority. Dewhurst: Worst. No leadership. Perry: Worst. Partisan pandering and meddling in the process, cronyism."

"Dewhurst and Perry belong on the Worst because they let their political ambitions supercede what is best for Texas in not using the Rainy Day Fund. I wouldn't put Straus on either list because he was in a tough spot given the dynamics of the House."

"Perry on the Worst list due to his insistence on using the legislature to advance his presidential ambitions. Dewhurst on the Worst list because he buckled under and sidestepped the two-thirds rule. Straus on the Best list because he kept the House from sinking into complete chaos."

"All three are on the Best List. Balancing a budget without a tax when there is a $27 billion projected shortfall is unprecedented. No other state in nation could do it."

"Straus: Worst, because he cannot lead. Dewhurst: Worst, because he caved on TSA; Best because he herds cats as well as anybody could. Perry: Best Conservative LEADER."

"Best — difficult times bring out difficult leadership."

"Worst: Straus. Allowing House to be tied up in knots over Points of Order. Worst: Dewhurst. Erosion of 2/3rds rule. Best: Perry. You can't deny his power and influence over the direction this state is taking."

"Worst for all three. Total lack of leadership on issues that mattered. No cajones."

"Leadership should be judged by the members, not TM."

This week's particpants: Cathie Adams, Brandon Aghamalian, James Aldrete, Jay Arnold, Charles Bailey, Reggie Bashur, Don Baylor, Rebecca Bernhardt, Allen Blakemore, Steve Bresnen, Chris Britton, Andy Brown, Kerry Cammack, Snapper Carr, William Chapman, Hector De Leon, Tom Duffy, David Dunn, Richard Dyer, Alan Erwin, Gay Erwin, John Esparza, Dominic Giarratani, Scott Gilmore, Kinnan Golemon, John Greytok, Michael Grimes, Clint Hackney, Wayne Hamilton, Bill Hammond, Albert Hawkins, Adam Haynes, Ken Hodges, Kathy Hutto, Shanna Igo, Deborah Ingersoll, Robert Jara , Mark Jones, Robert Kepple, Ramey Ko, Nick Lampson, Pete Laney, James LeBas, Donald Lee, Leslie Lemon, Richard Levy, Ruben Longoria, Vilma Luna, Bryan Mayes, Scott McCown, Ross Milloy, Bee Moorhead, Steve Murdock, Keir Murray, Sylvia Nugent, Nef Partida, Gardner Pate, Kraege Polan, Jay Propes, Celinda Provost, Carl Richie, Jeff Rotkoff, Stan Schlueter, Bradford Shields, Patricia Shipton, Dee Simpson, Terral Smith, Todd Smith, Bryan Sperry, Tom Spilman, Jason Stanford, Jeri Stone, Keith Strama, Colin Strother, Russ Tidwell, Ware Wendell, Ken Whalen, Darren Whitehurst, Woody Widrow, Michael Wilt, Peck Young and Angelo Zottarelli.

 

The Week in the Rearview Mirror

After a week of uncertainty and media attention, a graduation ceremony at Medina Valley High School proceeded on Saturday with the valedictorian allowed to pray if she wished. A judge earlier in the week had prohibited a public call to prayer at the ceremony, but after an emergency appeal to the 5th Circuit Court, the school was allowed to follow its original program, which included an invocation and benediction. Whether such prayer would be considered school-sponsored remains at issue in federal court.

All incoming college students in Texas must be vaccinated for bacterial meningitis under new state law. Previous law required the vaccine only for students who lived on campus, but authorities felt that left too many other students vulnerable to the disease, which can spread quickly in crowded living quarters. The new law takes effect in January.

National news media descended on East Texas on Tuesday as law enforcement authorities received a tip about a mass grave of dismembered bodies in Liberty County. Generating massive media coverage as they searched the property, officials were forced to concede that there was no crime scene and that a woman who claimed to be a psychic had placed the call.

Record numbers of wildfires in Texas this year have led at least five Texas counties to ban Fourth of July fireworks. Though burn bans are in effect in most counties, Gov. Rick Perry has also extended disaster declarations initiated in Panhandle counties to cover the holiday.

A House committee has approved a Texas Windstorm Insurance Association reform bill, which now heads to the full House and Senate. Gov. Rick Perry added legislation on the troubled quasi-governmental agency, which has been tied up in legal problems since Hurricane Rita, to the special session agenda. Lawmakers failed to pass a bill in the regular session after disagreeing about limiting the amount of damages plaintiffs could collect in punitive damages against the association.

Oil and gas producers cheered as U.S. Sen. John Cornyn introduced an amendment seeking to prevent the Environmental Protection Agency from listing the dunes sagebrush lizard as an endangered species. Its habitat is partially in the oil- and gas-producing Permian Basin in West Texas, where such a designation by the EPA could take a toll on the industry.

Legal aid to low-income Texans could get an unexpected boost in a finance bill making its way through the special session. Members of the Texas Supreme Court pushed senators to find a way to fund programs that help low-income individuals with civil legal problems like foreclosures and child custody disputes. Lawmakers planned to raise the money through an increase in court fees, but that proved unnecessary when Sen. Steve Ogden, R-Bryan, amended the finance bill to add $17 million for legal aid and $7 million for an indigent defense program.

Political People and their Moves

A number of high-level staffers and aides in Newt Gingrich’s presidential campaign resigned on Thursday, includingRob Johnson and Dave Carney, both of whom have strong ties to Gov. Rick Perry. While they told reporters the move is unconnected to the governor, it has fueled speculation about Perry’s presidential ambitions.

Gov. Rick Perry reappointed three members to the Texas School for the Deaf Governing Board. Jean Andrews of Beaumont is a professor of deaf education and division director for the doctoral program in deaf studies and deaf education at Lamar University. Shalia Cowan of Dripping Springs is retired from working for the Texas Education Agency. Connie Sefcik-Kennedy of Austin is a program assistant for the Department of Assistive and Rehabilitative Services Board for Evaluation of Interpreters.

Perry also named Lee Chayes of El Paso chairman of the Assistive and Rehabilitative Services Council and appointed three members to the council. Chayes is president of Axis Business Academy. Tom Fordyce of Huntsville is a retired director of the Texas Department of Criminal Justice Agribusiness Department. Jon Arnold-Garcia of San Antonio is vice president of Drexel Hamilton LLC. Thomas W. Grahm of Tyler is a board-certified neurosurgeon and a partner at Tyler Neurosurgical Associates P.A.

Quotes of the Week

An unnamed top Republican official, on why a string of Newt Gingrich aides — including Rick Perry loyalists Dave Carney and Rob Johnson — quit en masse:  “There were different visions as to how the campaign should be run.”

Gov. Rick Perry in a letter to the nation’s governors inviting them to his August prayer event at Houston’s Reliant Stadium: "Given the trials that beset our nation and the world, from the global economic downturn to natural disasters, the lingering danger of terrorism and continued debasement of our culture, I believe it is time to convene the leaders from each of our United States in a day of prayer and fasting."

Tim Wildmon, the president of the American Family Association, the group sponsoring Gov. Rick Perry's August prayer event: "It's not just Jews or Muslims. It's anybody that rejects the free gift of salvation through Christ. The Bible teaches there's heaven and hell. Those who believe go to heaven. Those who don't go to hell."

Mark Potok, the Southern Poverty Law Center's director of intelligence, on the American Family Association, the conservative group sponsoring the governor’s prayer event: "The governor has invited haters to help him put on a day of prayer which seems ultimately aimed at demonizing gays and lesbians."

Houston Mayor Annise Parker on plans by the American Family Association, one of the nation's leading anti-gay groups, to sponsor the prayer event in Houston: "They can come back on a monthly basis if they'd like as long as they spend money."

U.S. Senate hopeful Elizabeth Ames Jones on her anti-abortion credentials, at a Texas Tribune candidate forum: "I'm the only one up here that's felt life inside my body." 

U.S. Sen. John Cornyn, R-Texas, upon learning of the early morning shootout between alleged Mexican cartels operatives and U.S. law enforcement near the Rio Grande in Hidalgo County, in a statement: "Despite the repeated assurances of President Obama and Secretary Napolitano that our border is secure, today’s brazen attack on law enforcement provides further evidence for what Texans already know. Cartel-related violence along our border is real and escalating, and the Administration cannot continue to deny it when American lives."

Chihuahua Gov. Cesar Duarte on how Ciudad Juárez became inundated with at least 9,000 cartel members, to the El Paso Times: "What happened is that the cartels entered into a conflict, and then organized crime began to get involved in common crimes. What happened when we confronted this is that the Juárez cartel, which then had 500 people who controlled [their operations] throughout the state, added 5,000 gang members to its force."