An Announcement, a Legal Fight and a Special Session

Demonstrators in favor of HB2 rally inside the State Capitol Open Air Rotunda wreathed by marching opposition demonstrators during State Affairs Committee hearings on the bill, July 2, 2013.
Demonstrators in favor of HB2 rally inside the State Capitol Open Air Rotunda wreathed by marching opposition demonstrators during State Affairs Committee hearings on the bill, July 2, 2013.

July lands with three story lines going: the governor’s political plans, the ongoing sage of redistricting and voter ID laws, and the Legislature’s noisy postlude to a surprisingly harmonious regular legislative session.

Rick Perry has told supporters he will have a bit of “exciting future news” to share on Monday, spurring all sorts of speculation about whether he will run for re-election, for president in 2016, for both, for neither or something completely unexpected.

All that’s at stake is everyone else’s political plans. And as is his custom, Perry is not dropping any real hints.

Voting rights litigation was reactivated by last week’s Supreme Court decision freeing Texas and other states from federal preclearance and by the Legislature’s enactment of congressional and legislative maps that closely match those drawn for temporary use by federal judges in 2012. A three-judge federal panel held a hearing, denied the state’s motion to dismiss the case (for now) and asked the lawyers to write brief on what ought to happen next.

The state argued that the contested 2011 maps drawn by lawmakers are now dead — thanks to the Supreme Court ruling — and that the newly approved maps are not subject to preclearance or subject to the litigation that started with the older and now defunct maps.

The plaintiffs argued that the 2011 maps are in effect until September — that’s when the new maps take effect — and they want a ruling on whether those maps intentionally discriminate against Texas minorities.

Such a ruling could be the basis for a “bail-in” — which would mean the state must still seek federal preclearance. The issue is whether challengers to the state have to prove its maps discriminate or otherwise violate federal election laws, or whether the state has to prove that they don’t.

State officials point out that they wouldn’t have had the ability to make much argument at all had lawmakers not approved new maps. Attorney General Greg Abbott has been sensitive to jibes about his handling of the case over the last two years — particularly when legal issues delayed the 2012 elections from March to May. His defenders say his strategy of getting new maps out of lawmakers is the state’s only decent shot at ending federal oversight of the process.

Then there is that third thing — the special session announced after Senate Democrats successfully derailed proposed abortion restrictions in the first special session.

It’s on a fast track this time, already voted out of a House committee and up for a Monday hearing in the Senate.

Time is with the Republicans now, and demonstrators on both sides of the issue stand ready with their blue and orange T-shirts. That will eat up the next week or two.

Here’s the current speculative list of statewide candidates, which still does not include any Democratic names:

.

Interactive: Where Women Received Abortions in Texas

From the Tea Party, a Softer Line in Criminal Justice

Michael Morton got the most attention when it came to criminal justice legislation at the Capitol this year, but lawmakers passed a handful of other measures aimed at keeping innocent Texans out of prison.

Legislators approved at least seven bills that advocates argue could help prevent future wrongful convictions. Certainly, Morton’s ubiquitous presence and lobbying efforts helped spur criminal justice reforms. But both reform advocates and prosecutors agreed that the increased presence of Tea Party Republicans also changed the Legislature’s attitude toward law and order.

“The dynamic at the Capitol is definitely changing in criminal justice,” said Shannon Edmonds, director of governmental relations at the Texas District and County Attorneys Association.

Edmonds said that with more libertarian-leaning members of the Republican Party, the approach has become less focused on Texas’ traditional tough-on-crime ways. For instance, he said, more Republican legislators are inclined to vote with Democrats for reduced penalties for small amounts of drugs. 

“Along the political spectrum, as people go to the left end and the right end, it’s not actually a line, it’s really a circle,” Edmonds said. “And the left end and right end actually loop around and meet each other.”

Among the bills that lawmakers approved to help prevent wrongful convictions, a measure that allows DNA testing on all biological evidence in death penalty cases is drawing significant concern from prosecutors statewide, Edmonds said. They’re worried about the cost and the time it will take to comply with Senate Bill 1292, by Rodney Ellis, D-Houston.

“I can’t tell you what Senator Ellis’ motivation was, but I’m sure he won’t shed any tears if the state can’t try any death penalty cases for rest of this year,” Edmonds said.

Other bills aimed at ending wrongful convictions include the Michael Morton Act, SB 1611, which requires prosecutors to turn evidence over to defense lawyers, and SB 825, which extends the statute of limitations so that prosecutors who withhold evidence can face punishment. House Bill 1847 would require more training for prosecutors on their duty to release evidence of potential innocence and evidence that could convince a jury to assign a lesser sentence.

Those bills stemmed from Morton’s story. He was convicted in 1987 of murdering his wife and spent nearly a quarter-century in prison before being exonerated after DNA testing showed another man committed the crime. The prosecutor in Morton’s case is facing civil and criminal lawsuits for allegedly withholding evidence during the trial.

Lawmakers also approved SB 1044, which gives defense lawyers free access to their clients’ criminal records, and HB 2090, which requires that statements be written in a language the accused can understand. SB 344 would require the state’s highest criminal court to grant writs based on new scientific developments.

It was a good session for criminal justice reform, said Ana Yáñez-Correa, executive director of the Texas Criminal Justice Coalition. In the wake of the Morton case, she said, prosecutors who opposed change seemed to have less sway with lawmakers. 

“You’re talking about life and liberty kind of decisions, so somebody has to hold them accountable,” she said.

But, she added, there is still plenty of work to do to ensure fairness in the Texas criminal justice system. 

“I don’t think the system is going to be fixed unless there’s equity between prosecutors and the defense,” Yáñez-Correa said. “And we’re a long way from that.”

Texas Weekly Newsreel: The Session and Perry's Future

This week in the Texas Weekly Newsreel: Texas legislators are back for a second special session and another round of the debate on the state's abortion laws. Meanwhile, Gov. Rick Perry will announce "exciting future plans" in San Antonio, which might, or might not, give Attorney General Greg Abbott a cue to his own future plans.

Inside Intelligence: About That Night...

We had to ask the insiders about the dramatic ending of the first special session and what it means — or doesn’t mean — from this point forward.

We started with personalities. Two-thirds of the insiders said the filibuster and the maelstrom that followed made Sen. Wendy Davis, D-Fort Worth, a viable statewide candidate. On the flip side, 73 percent said that after the events of that fateful Tuesday night, Lt. Gov. David Dewhurst is no longer a viable statewide candidate.

The insiders were split on the stickiness of the meltdown in the Senate: 43 percent said it was a one-time thing, and 46 percent said it was the start of something bigger.

Finally, some like to say legislators aren’t affected by demonstrations and that sort of thing, but the insiders don’t buy it: 66 percent said those sorts of demonstrations do affect lawmakers and legislation.

We collected comments along the way and have included the full set as an attachment. Here’s a sampling:

.

After the events of the last week, is Wendy Davis a viable statewide candidate for the Democrats?

• "If by "viable" you mean the D's best sacrificial lamb? Then, yes."

• "The GOP inadvertently created a New Democratic icon in Texas"

• "Viable as a "candidate," - yes, but not a statewide office "winner." This is still a red state."

• "Despite Twitter and money, the numbers are stacked against her."

• "The Democrats have to get something going if they are to ever make a resurgence in Texas. But they have to do it a piece at a time. Wendy Davis is smart and will not let the exposure go to her head and push her into a suicide move. ITs better for her to stand back and tell people she could have won than to get into a race that she will lose."

• "For the past dozen years Republicans have enjoyed a steady 12 to 14 point margin in 'statewide elections. No single event, no matter how dramatic, is going to change the basic structure of Texas politics over night."

• "We're jumping the gun a bit. Texas isn't ready for a statewide Democrat just yet. Give it a decade."

• "I think she is more like the only viable statewide candidate for the Ds. Unfortunately for the Ds (and her), if she does choose to run statewide, she'll likely get beat."

.

After the events of the last week, is David Dewhurst a viable statewide candidate for the Republicans?

• "Drip, drip, drip. This man, who is already riddled with self-inflicted wounds, is now taking fire from inside the ranks. He should mount up and quietly ride off into the sunset."

• "Depends on what happens in the special. If it passes, will be old news."

• "Stick a fork in the "Dew"-he's finished! The campaign consultants are going to suck up plenty of his money as he tries to prove otherwise."

• "No. He's done. Who is going to tell him?"

• "David Dewhurst showed that the King has no clothes. Rather than get wiped out, he should retire as Lt. Governor and move on."

• "Blaming Dewhurst for the filibuster debacle is unfair. Perry introduced the abortion issue late and then the House dithered, getting it to the Senate late enough that a filibuster could run out the clock. Unfair though it may be, Dewhurst is cooked."

• "Dewhurst wasn't a viable statewide candidate after his last primary."

• "Had such hopes for him - he was reasonable, intelligent; loved Texas and wanted to do good for the state and its people. Now, he just wants to get re-elected! VERY sad to witness the de-volution of a person who could have been a true shining example of "good" Texas statesman. Now, he is just another bumbling politician."

• "If his primary opponents split the tea party vote there is a path for Dewhurst, the worst senate presiding officer in modern Texas history. What an embarrassment. Clown moves - attack the media and bust old ladies. What's next? Thumb sucking?"

• "With his checkbook, he's always viable."

• "He remains viable because he is the incumbent and can self-fund, but there is no doubt that he is greatly weakened from the events of last week."

.

Do you think the demonstrations at the end of the first special session will develop into something bigger in politics or was that a one-time thing?

• "More Fundraising and voter registration activity for both sides."

• "This was not a tree falling in the forest. The whole world was watching."

• "They've certainly got their base fired up."

• "This may have energized a group if people who were probably already Democrat Primary voters. It will help Texas Democrats raise money that they have not raised previously."

• "It's a one time thing, though it might provide fuel to the long-range party building efforts of Democrats in Texas. Still, party building requires long steady effort."

• "It will be difficult for the D's to keep the momentum going for a long period, but if the R's keep making tactical errors, anything is possible."

• "People are waking up and realizing that elections have consequences and over the last few cycles in Texas those elections have been extremely detrimental to women in Texas!"

• "Democrats needed to believe again. We needed someone to grow a pair and show they were tired of being bulldozed. It already is bigger. The 2nd Special will only fuel the fire."

• "Gives Ds something they haven't had in a while - energy and hope. But can that enthusiasm be sustained? I'll believe it when I see it."

.

Do demonstrations like the one at the end of the first special session — no matter what side they come from — have any impact on lawmakers and legislation?

• "Elected officials pay attention to head count."

• "Minds are made up, such action only steels their resolve."

• "They should have an impact! The partisanship on both sides of the aisle is bringing lots of passionate citizens out, and they're wanting to be part of the process, and they're wanting their voices to be heard."

• "Absolutely not. Shows such as that are no indication of what the majority of the population wants. It's simply an indication of how one side or the other can use social media to muster a mob."

• "Clearly. It killed 3 pieces of legislation and here we are for Round 2."

• "Demonstrations have an impact on legislators but they make the average Texan uncomfortable (Unless it is about guns)."

• "Politicians are wired to placate the masses directly in front of them."

• "There isn't a politician in Texas that doesn't know which side of the "life issue" they are on."

• "The votes are the same no matter what - there are no fence sitters"

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Brandon Aghamalian, Jenny Aghamalian, Victor Alcorta, Clyde Alexander, George Allen, Jay Arnold, Charles Bailey, Tom Banning, Eric Bearse, Rebecca Bernhardt, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, David Cabrales, Lydia Camarillo, Marc Campos, Thure Cannon, Snapper Carr, William Chapman, Elizabeth Christian, Elna Christopher, Rick Cofer, Harold Cook, Addie Mae Crimmins, Beth Cubriel, Randy Cubriel, Curtis Culwell, Denise Davis, Hector De Leon, Eva De Luna-Castro, June Deadrick, Roberto DeHoyos, Nora Del Bosque, Tom Duffy, Richard Dyer, Jeff Eller, Jack Erskine, Jon Fisher, Wil Galloway, Neftali Garcia, Norman Garza, Dominic Giarratani, Bruce Gibson, Stephanie Gibson, Eric Glenn, Kinnan Golemon, Jack Gullahorn, Clint Hackney, Anthony Haley, Wayne Hamilton, Bill Hammond, Adam Haynes, Susan Hays, John Heasley, Ken Hodges, Laura Huffman, Deborah Ingersoll, Cal Jillson, Jason Johnson, Mark Jones, Robert Jones, Robert Kepple, Richard Khouri, Tom Kleinworth, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Donald Lee, Luke Legate, Leslie Lemon, Myra Leo, Ruben Longoria, Matt Mackowiak, Matt Matthews, Bryan Mayes, Dan McClung, Mike McKinney, Robert Miller, Bee Moorhead, Mike Moses, Keir Murray, Nelson Nease, Pat Nugent, Nef Partida, Gardner Pate, Jerry Philips, Tom Phillips, Allen Place, Royce Poinsett, Gary Polland, Jay Pritchard, Jay Propes, Bill Ratliff, Brian Rawson, Patrick Reinhart, Grant Ruckel, Jason Sabo, Andy Sansom, Stan Schlueter, Bruce Scott, Steve Scurlock, Bradford Shields, Christopher Shields, Julie Shields, Jason Skaggs, Ed Small, Todd Smith, Larry Soward, Dennis Speight, Bryan Sperry, Tom Spilman, Jason Stanford, Bob Strauser, Colin Strother, Michael Quinn Sullivan, Sherry Sylvester, Jay Thompson, Russ Tidwell, Gerard Torres, Trey Trainor, Vicki Truitt, David White, Darren Whitehurst, Seth Winick, Alex Winslow, Angelo Zottarelli.

 

The Week in the Rearview Mirror

Political eyes in Texas are on the governor, who plans a major announcement next week that might make clear his plans for the next two election cycles. Many Americans remember Gov. Rick Perry as the man who could not remember. He was the presidential candidate who famously forgot, in a nationally televised debate, the third federal department he wanted to shut down. But this week, after Democrats scored a rare legislative victory on his home turf, blocking a bill that would have put strict limits on abortions, the national spotlight is revisiting the governor of Texas. And how he handles this moment could affect his hopes as a 2016 contender — and his reputation as a leading figure of the Republican far right — as much as the inglorious “oops moment” from his ill-fated 2012 run.

The second special session is underway, with three issues on the governor’s call to the Legislature, and things started quickly. A day after thousands of protesters swarmed the state Capitol to oppose new restrictions on abortions in Texas, a House committee voted along party lines to approve the legislation.

It turns out a dozen other states have the same restrictions in place that Texas has under consideration. The Texas Tribune pulled together a nationwide comparison, along with a map of which facilities in Texas would meet the new standards proposed in the legislation.

The other two items on the agenda are on a fast track. The Senate could vote as early as next week on transportation funding and criminal justice measures that died in the first special session. Those measures were quickly approved this week by two Senate committees.

The state’s redistricting litigation entered a new phase Monday, with lawyers and three federal judges figuring out what to do now that the U.S. Supreme Court has ruled a key law unconstitutional and the Texas Legislature has approved new maps. A panel of federal judges denied the state’s request to dismiss the case, though they left open the possibility that they could do that later. And they asked lawyers to file briefs on what should happen next. Plaintiffs have asked the judges to order the state to seek federal approval before making changes in its maps.

Border security provisions in the U.S. Senate’s immigration reform bill prompted U.S. Rep. Filemon Vela's resignation from the Congressional Hispanic Caucus, according to the Houston Chronicle. That group likes the bill, but said later it doesn’t necessarily endorse the border security section that Vela called “militarization.” 

Political People and their Moves

Senate Finance Chairman Tommy Williams, R-The Woodlands, announced he won’t run for comptroller after all. He’d rather stay put, and said in a press release that being chairman of Senate Finance is "incompatible with the demands of simultaneously running for a statewide election."

Harris County Commissioners Steve Radack and Jack Cagle endorsed Sen. Dan Patrick’s bid for lieutenant governor, choosing the Houston Republican over the incumbent Lt. Gov. David Dewhurst, who is also a Republican from Houston. Patrick also announced that Rep. Dwayne Bohac, R-Houston, has endorsed him.

Amarillo Republican Elaine Hays, a businesswoman, announced she will challenge U.S. Rep. Mac Thornberry, R-Clarendon, in next year’s Republican primary in CD-13.

Sachse City Councilman Jared Patterson will challenge state Rep. Angie Chen Button, R-Richardson, in the GOP primary in HD-112. 

Karen Harris, a radiologic technologist and former member of the State Republican Executive Committee, will run in HD-53, where Rep. Harvey Hilderbran, R-Kerrville, is the incumbent. He has said he’s running for comptroller

Early bird: U.S. Rep. Henry Cuellar, D-Laredo, endorsed Hillary Clinton for president in 2016 in a race for which she has not yet declared her candidacy.

Robert Scott, former Texas education commissioner, joined the Texas Star Alliance, the lobby firm founded by John Pitts. He’s the second former agency chief in the fold; former HHS Commissioner Tom Suehs is also with that firm.

Texans for Fiscal Responsibility/Empower Texans added Gregory Harrison as a field representative, Tony McDonald as general counsel and Morgan Williamson as communications coordinator. McDonald and Williamson both worked as House staffers during the regular session. 

Press corps moves: Corrie MacLaggan joins the Texas Tribune after stints at Reuters and the Austin American-Statesman. The Trib also hired two out-of-state reporters, Jim Malewitz from Stateline and Neena Satija of WNPR/Connecticut Public Radio to cover energy and the environment, respectively.

Deaths: Paul Eggers, a Republican who ran for governor of Texas in 1968 and 1970, served in the Treasury Department under Richard Nixon and was a longtime friend and business partner with the late U.S. Sen. John Tower. He was 94.

Quotes of the Week

We are trying to make this available to anyone who wants to see it.

Rep. Charlie Geren, R-Fort Worth, on why the House opened livestreams of committee meetings and provided several overflow rooms during a debate on abortion legislation

We've taken a lot of testimony.

Rep. Byron Cook, R-Corsicana, shutting down committee hearings on the abortion bill after eight hours of testimony but without hearing from hundreds of Texans who signed up to speak

For the citizens of Texas to be shut down in an arbitrary way is the most disappointing thing. I’ve never seen this in 20 years, and I hope I never see it again.

Rep. Jessica Farrar, D-Houston, after the State Affairs Committee voted out the bill

My deal is you start as far to the right as you can get, and go to the conference committee with the Senate, and hopefully end up with something you can live with. Getting to citizenship is going to be tough, but never say never.

U.S. Rep. Blake Farenthold, R-Corpus Christi, on immigration in the New York Times

Are you kidding? No, I’m delighted.

David Dewhurst, reacting to Sen. Dan Patrick's challenge to him in next year's elections, in the Dallas Morning News

If life ends when heart stops, then please explain Dick Cheney?

A tweet from Rep. Gene Wu, D-Houston, for which he later apologized