Abbott gets sued re: "Contract Tracing" Boondoggle

"Agree with your adversary quickly, while you are on the way with him, lest your adversary deliver you to the judge, the judge hand you over to the officer, and you be thrown into prison."
Matthew 5:25

Daaaang:

Federal lawsuit filed today in the Southern District of Texas takes aim at @GovAbbott & state agencies for Texas’ $295M contact tracing deal. Suit includes some 1,500 plaintiffs, incl. @Bill_Zedler & 3 former state reps, & alleges various violations of U.S. Constitution. #txlege pic.twitter.com/j3bHPtbxVu

— Jasper Scherer (@jaspscherer) June 15, 2020

Here's the thing: Lawsuits are not free. They cost money to file and fight. While that last statement is obvious, it also speaks volumes to the degree of abuse in this case.

Think about how frequently those with the means to take on these sorts of fights roll over and die.

That a fight is actually occurring means: a) those waging it think the abuse is severe enough to warrant it **AND** b) they think they can win.

We know that we've been saying for awhile that we think Abbott's going to drop this contract.  That being said, we admit that it hasn't happened yet.  But we still think dropping the contract is Abbott's path of least resistance.  And that's before you get to this.

Bottom Line:  Honestly, it's astounding that they've yet to jettison this contract.  It's an albatross.  But they've got to eventually.  Right?!?

#TXLEGE: House attempts spending spree (that will probably be unsuccessful)....

"Poverty and shame will come to him who disdains correction,
But he who regards a rebuke will be honored."
Proverbs 13:18

An optimist can argue that this was the first time during the special session that there was any organized floor pushback on anything and that the author of the second bill gutted his own bill via amendment.  A pessimist can argue that both bills passed overwhelmingly.  A realist can argue that the Senate approach is the only one that's going to get to the governor's desk and thus everything the house did today was pointless.

Today, the house voted out two bills related to teacher retirement; we'll address the bills in order.

• HB 20 (Ashby): This bill would raid the rainy day fund to make an allegedly "one time" payment to the teacher retirement system.
  
  During his layout of the bill, Trent Ashby repeatedly tried to assure the members that there would never be another raid of the rainy day fund to prop up this program ever again; if you believe Ashby, we have mineral rights in South Texas that we would love to sell you.
  
  That being said, this was the first time there was actual pushback from members on any bill during the special session.  Bill Zedler had a good exchange with Ashby pointing out that the fund is financially unsustainable.  Matt Krause discussed the inappropriateness of using the rainy day fund for this purpose.
  
  Mike Schofield attempted to offer an amendment to draw from general revenue instead of the rainy day fund.  Straus went full dictator and ruled the amendment non-germane.  Schofield ultimately caved, but gave a long speech about how "he was only voting for the bill to get it to a conference committee."
  
  Speaking against the bill, Jonathan Stickland explained: "I think voting against this bill is voting against political maneuvering."
  
  Ultimately, the Freedom caucus (minus Jeff Leach) and Jim Murphy were the only one who voted no.
  
  
  
• HB 80 (Darby): You know it's a bad sign when the bill author begins his layout by stating "the fund is not currently actuarially sound"...but that's how floor debate over this bill began.
  
  This bill was originally intended to give a cost of living increase to retired teachers.  Due to questions raised by members prior to the bill reaching the floor, Drew Darby offered an amendment to give "pre-permission" to do a cost of living adjustment "if the fund ever gets actuarially sound."  Essentially, the bill does nothing unless the fund sees freakishly good investment returns.
  
  Yvonne Davis called Darby's bill "disingenuous" and voted no.

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That being said, we got an idea this afternoon for how we could find a fairly substantial chunk of change; it wouldn't fix all problems with the fund, but it would buy some time.

The teacher retirement fund has a gigantic office complex, on prime real estate, two blocks from the Capitol.  If the state were to sell the property for mixed use development, we suspect they could net at least $1 billion.  Whatever personnel are actually needed to manage the fund could be relocated to less expensive land somewhere in East Austin.

Bonus points that this plan would help add supply to address Austin's structural housing shortage:

Day Before Session: The Conservative Reps Speak

"Watch, stand fast in the faith, be brave, be strong."
1 Corinthians 16:13

The conservative Texas House superstars spoke to today's Tea Party pre-session event:



Highlights:

Jeff Leach

• At the end of the day, this is about the people of Texas.

Jonathan Stickland

• This session is all about going on record.

• I feel like we've already won; the other side is echoing our language.

• "We will not stand before you and cry wolf."

• We added Spitzer, Tinderholt, [Molly] White, Rinaldi.

• This is going to be different than ever before.

• The people of Texas are hungry for our message.

Bill Zedler

• We're the ones who put blood, sweat, and tears into electing conservative reps.

• Planned Parenthood gave Straus an award for killing the sonogram bill in 2009.
• Approximately 20,000 babies died as a result.

• When you stand on principle, you stand and fight no matter the cost.

• Wallace Hall -- They did not understand who he is.

• 2013 was Straus' fault, 2015 will be the fault of the reps who vote for him.

Tony Tinderholt

• Rest comfortable knowing the vote is happening.

• Hug the conservative reps who vote the wrong way after it's over
• Author's note: For now.

Stuart Spitzer

• Sometimes we may lose a battle, but we're fighting in a war.

• Tomorrow, we'll know where everyone stands.

• "If we need to die as free men, so be it."

Matt Rinaldi

• You're trying to ignore 1,100 calls?!?

• What you saw at SMU was the facts.

• There's no way conservatives can support leadership because it doesn't produce conservative results.

• "We're going to win...eventually."
• We're moving faster than the Reagan Revolution.

#CANISEE -- Press Conference on Removing Common Core

“Whoever causes one of these little ones who believe in Me to sin, it would be better for him if a millstone were hung around his neck, and he were drowned in the depth of the sea."
Matthew 18:6

At the end of their confence Friday, Women on the Wall held a press conference to discuss removing common core:



Highlights:

• Sandra Stotsky -- Writers of common core "have had very narrow views they've listened to" and that they should "expand their views."

• James Milgram -- "The language I'm hearing today is exactly the same language I was hearing in California 20 years ago."
• "Already we are starting to see from the test data that student outcomes are dropping even lower than they had been in recent years [which weren't good to begin with]."
• California math wars: "We succeeded in delaying common core for 10 years"..."it isn't enough, we have to get rid of common core."

• Jane Robbins -- New A.P. standards "will completely usurp" state level standards "including in Texas."
• "You can push back against this, this is not a fait accompli."
• "Texas may be the best place to start."
• "We need to have a state that stands up to the federal government and says 'keep your money'."

• Glyn Wright -- "Common Core has become a litmus test."
• "We welcome more governors."

• Cathy Adams -- "CSCOPE is the same as common core."

• Bill Zedler -- "Common core doesn't work" and "we can't afford it in this state"
• "You're going to have to choose between the federal dollars and the state."

• Alice Linahan -- Local school boards are "our last line of defense."

Texas vs. California: Case Closed

The economic contrast between Texas and California is an old theme at Cahnman's Musings.  This afternoon, we were pleased to attend the Texas Public Policy Foundation's "Competition and the States: Texas vs. California" which unveiled their new paper "How Big Government Hurts the Economy: Texas vs. California."  Former Reagan Economic Adviser Art Laffer and Governor Perry Spoke.

Going first, Art Laffer rattled off an astonishing list of statistics from the TPPF paper (which he co-authored):

• One fifth of all Americans live in Texas or California.

• California has the highest REAL poverty rate in America.
• Adjusted for cost of living and government benefits.

• California's tax rate on marginal economic activity is approximately 65% higher than Texas, but tax revenue is only 25% higher.

• Just the fees (without building a thing) for a single family home are between $75,000 and $100,000 in California.

• One mile of highway construction costs $265,000 in California compared to $88,000 in Texas; despite this, Texas ranks 23rd nationally in road conditions, while California is dead last.

• Of the 5 "mega-states" (CA, NY, TX, IL, and FL), California has the lowest test scores, Texas is (by far) the highest.

• California has 74% more welfare case workers than Texas.

Speaking next, Governor Perry had the best in-person performance we've seen from him in at least a year.  Governor Perry spoke with moving passion about economic growth and the "two competing visions in America."  9 of the 10 states that lead in job creation have Republican governors.  That economic growth enables people to live the lives they see fit.  In the competition with California: "The discussion is over.  The debate is over.  The proof is in.  Texas wins!!!"

In reading the paper, a number of other statistics stand out:

• "California has swung from being one of the biggest net in-migration destination states in the nation to being one of the biggest exodus states." (4)

• "Texas has the fourth lowest percent of population on welfare....while California has the highest percentage of its population on welfare" (4) [Emphasis ours]

• "Texas ranks third fastest in employment growth in the nation while California ranks 42nd." (4)

• "Public welfare employees in California make over $56,000 per year to Texas' $37,000 per anum -- a 52 percent premium." (5)

Another major contrast is the attitude towards energy development and resource recovery.  California has similar amounts of oil and gas reserves as Texas.  The difference is that Texas uses our God-given resources, while California lets the crony-capitalists in the "green energy" racket set their energy policy.

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The most amusing part of the afternoon was an intense men's room conversation on local government debt we witnessed between Texas State Reps Steve Toth and Bill Zedler.  Speaking from the urinal, Representative Toth told Cahnman's Musings, on the subject of local government debt:

"Size matters...and you can quote me on that!"

Consider it done Steve Toth.

How Perry can call Wendy Davis' Bluff

Last night, during her filibuster, Wendy Davis made all sorts of references to women's health; for example:

This is a war on women's health in this state," Davis said.  "Partisanship and ambition are not unusual in a state capitol...(but) right here, in Texas, right now, it has risen to a level of profound irresponsibility and the raw abuse of power.  The actions intended by our state's leaders hurt Texas.  They hurt Texas women and families.

Blah x3.

With another special session likely, Cahnman's Musings has a proposal to those who want to talk about some so-called war on women.

During the General Session, Rep. Bill Zedler (R - Tarrant County) filed a bill that would ban Sharia law in the state of Texas. If the Democrats want to advance this war on women BS, we ought to highlight their perversity.  Governor Perry can add the Sharia law ban to the call for the next special session.

(Author's Note: Zedler's bill would also protect Texas from various U.N. Shenanigans.)

You want to talk war on Women?!?  Fine, let's talk war on Women.