#TXLEGE: Disgraced, soon to be former, state representative desperately grasps for relvance....

"A ruler who lacks understanding is a great oppressor,
But he who hates covetousness will prolong his days."
Proverbs 28:16

LOL:

More than a month after Gov. Greg Abbott directed state agencies to submit proposed new rules to his office before publishing them, a retiring Republican lawmaker has called out the policy as a potentially unconstitutional power grab.

“It is important to underscore that nothing in our state’s constitution or statutes gives the Office of the Governor the power to veto or delay the proposal of a rule, whether by act or omission,” wrote state Rep. Byron Cook, R-Corsicana, this week.

....

Abbott’s office defended the move as falling within the governor’s “constitutional authority.”

“As the chief executive of the state, Governor Abbott has a constitutional duty to faithfully execute the law and ensure that all state agencies under his direction approach the regulatory process in adherence with these laws as written and passed by the legislature,” spokeswoman Ciara Matthews said.

For the sake of discussion, let's pretend Cook is making a good faith argument (*): Even if that's the case, all Abbott is doing is taking power out of the bureaucracy and putting it into the hands of an elected official.  At least in theory, those elected officials are accountable to voters.  In other words, Abbott's move is in the direction of more government accountability, not less(**).

Bottom Line: Abbott's move probably won't have much practical impact, but to watch someone with as long of a record of lawlessness as Byron Cook (of all people) shrieking about alleged "power grabs" is cute...

-------

* - Which he, obviously, isn't.

** - Which is, probably, why Cook hates this proposal as much as he does.

#TXLEGE: Senate has opportunity to restore teeth to Sunset Process this interim

"A good man leaves an inheritance to his children’s children,
But the wealth of the sinner is stored up for the righteous."
Proverbs 13:22

We were on the Sunset Commission's website this morning when we noticed something interesting about its current membership (on the Senate side):

Our first reaction: "Dadgum, Bob Hall's on the Sunset Commission?!? When did that happen?!?" Apparently, it happened last November.

Then we realized that Brian Birdwell and Dawn Buckingham are also on Sunset.  Thus, you have a core group of 3 solid conservatives; that's never happened before. Historically, the Sunset commission has been made up of members who range from "ok" to awful (eg. Byron Cook was appointed twice).  You might have one, or at most two, solid conservatives.  3 is unprecedented.

There are 32 governmental entities going through Sunset this interim.  Of those 32, using very generous standards, 20 might be justifiable.  In other words, the Texas Sunset Commission has an easy opportunity to abolish at least 12 pointless governmental agencies this interim.  Even if Birdwell, Buckingham, and Hall can't get the full commission to agree to their abolition, as a dissident faction they can create headaches for all involved.

For example: Did you know that Texas has a "Funeral Service Commission" (aka. you can't escape the government, even in death)?!?  Neither did we.  But that entity does exist, and it's up in Sunset this interim.

Bottom Line: Imagine a world where, as conservatives steadily gain ground in the legislature, the Texas Sunset commission uses the authority it already has.  Then consider that, with his appointments this interim, Lt. Governor Patrick has given us a down payment on that world.  This is an opportunity we should exploit.

#TXLEGE: Straus' loathsome "economic competitiveness" dog and pony show wastes everybody's time

“The kings of the earth who committed fornication and lived luxuriously with her will weep and lament for her, when they see the smoke of her burning, standing at a distance for fear of her torment, saying, ‘Alas, alas, that great city Babylon, that mighty city! For in one hour your judgment has come.’

“And the merchants of the earth will weep and mourn over her, for no one buys their merchandise anymore:"
Revelation 18:9-11

[Note: There's no reason to do so, but if you're so inclined you can view the hearing here.]

The house 'select committee' on 'economic competitiveness' had it's final hearing today; we sat in on most of the first three hours before leaving because the whole thing was boring and pointless.

It was the usual mix of buzzwords, cliches, and euphemisms one hears at these sorts of events.  Centrally planned "economic development" via "incentives," "investments" in "workforce development," alongside the omnipresent "diversity" and "inclusion."  Like we said, it was a waste of time.

Chancellor McRaven spoke first.  He claimed concerns about "keeping higher education affordable."  This came from a man whose institution is currently pursuing a tuition hike despite its endowment being worth more than ever.

A lovely gentleman from the Corpus Christi chamber openly spoke in favor of local governments raising tax rates on regular taxpayers to create carve-outs for big businesses.  That was euphemistically titled "local control" and "property tax abatements."  He also called for more secrecy in corporate incentive packages.

For his part, Byron Cook was obsessed with anti-privacy act and pro-illegal immigration hysteria.  Cook asked each witness loaded questions on those subjects.  That being said, Cook did get one representative of the Houston construction industry to openly state "we need cheap labor."

But the greatest act of chutzpah came from the Texas State University chancellor.  He spoke about his "mission" to produce "qualified workers" (which, of course, required "more funding").  If this committee had any self respect, they would have asked if last week's student editorial calling white skin an abomination was consistent with a "mission" to produce "qualified workers."

Bottom Line: Today's hearing was a bastardized hybrid of the latter chapters of Atlas Shrugged, the bar scene from Star Wars, and Chapter 18 of the Book of Revelation...which is a pretty good metaphor for how the Texas house has been run in recent sessions.

#TXLEGE: Straus' loathsome "economic competitiveness" dog and pony show: Lawlessness, Crony Capitalism, and Spending....

"Awake to righteousness, and do not sin; for some do not have the knowledge of God. I speak this to your shame."
1 Corinthians 15:34

[Note: You can view the hearing yourself here.]

Team Straus' disgraceful effort to grandstand over "economic competitiveness" held it's first (of two) hearings today.  It began with a textbook example of the lawlessness that has plagued the House the past couple sessions.  Check out what happened to Matt Rinaldi:

The House Select Committee on Economic Competitiveness, chaired by retiring State Rep. Byron Cook (R-Corsicana), told State Rep. Matt Rinaldi (R-Irving) that he was not allowed to ask any questions or testify during today’s committee hearing.

“Clearly they aren’t confident in their ability to defend their position,” Rinaldi said in response.

“Being told by a committee that my district would not be extended the basic courtesy of a voice in this process is disappointing, but not unexpected, given the past practices of House leadership. I tried to give this committee the benefit of the doubt, but it is clear that they already know what their findings will be, and there is no intention of deliberation or a pursuit of the facts.

“I wish we had a real opportunity to discuss all perspectives on important economic drivers for our state, but this committee has made it clear that a diversity of views is not welcome. They have the result planned, now it’s just a matter of putting on a show to publish those results.”

-------

As to the hearing itself, it was a mix of the usual cliches and rent-seeking that you hear at these types of events.  Lots of talk about crony capitalism ("incentives!") and spending ("education!").  And, of course, plenty of fraudulent fear mongering over the Texas privacy act.

The most astounding aspect of the whole thing was the number of representatives they had bragging about the alleged economic benefit of professional sports.  This in spite of the fact that the national NFL protests have re-ignited a national discussion of the various subsidies the industry receives.  This seems slightly...tone deaf at best.

Dallas ?!? owner Mark Cuban proclaimed the need to spend prodigious sums on the education status quo.  Cuban would include pre-K "without question."  Cuban also spouted the usual cliches about economic doom and gloom from the Texas Privacy act.

The CEO of the Dallas Stars, a lifelong sports executive, tried to claim that "over 500 million" people have attended events at arenas he has managed without a bathroom assault. In the next sentence, he admitted that major public events at large arenas have above average security on hand. He also claimed "sports plays an oversized role" in how a community is percieved for economic purposes. Actually, it doesn't, but that was still a very revealing statement about ego.  At this point, we simply need to ask: how's pushing left-wing social policies working out for the NFL?!?

The mayor of Frisco bragged about having 6 sports team having office or practice space in the city.  He explained "you can't put a dollar figure" on having the Dallas Cowboys practice facility.  Actually, you can:

The site features a unique partnership among the Cowboys, the city of Frisco and Frisco ISD. They are sharing the costs on 20 acres for The Ford Center at The Star. The 12,000-seat indoor stadium will hold team practices as well as high school football games and other city and school events.

Cowboys owner Jerry Jones said that the city and the school district "bought into our vision of joining at the hip."

The stadium -- along with two outdoor practice fields for the Cowboys and an underground parking garage -- make up the city-owned portion of the development. And while the city retains ownership, the Cowboys will handle all the maintenance and operations at the site.

On Tuesday, the price tag for that city-owned portion climbed to $261.6 million with approval by the Frisco City Council. The city's contribution in The Star is capped at $60 million while the school district put in $30 million.

Beyond the fixation on the exaggerated economic impact of professional sports, the most notable discussion surrounded incentives.  Committee chairman Byron Cook, the soon-to-be-former state representative [Note: Doesn't that feel good to type.], seemed determined to prove that "incentive" packages aren't corporate welfare.  Several witnesses claimed incentives would be unnecessary in a perfect world, but "in the real world" we've got to have them or else other states will take away all of Texas' rent-seeking crony capitalists.

That being said, Ross Perot Jr. (who is apparently a big deal in Dallas crony capitalist circles) unintentionally made a strong case against the policy.  Perot spoke of the need for "flexibility" in incentive packages because "these industries are changing so fast."  That's actually a fantastic reason for the government not engage this activity in the first place.

A few more observations:

• Apparently, the Republican Governor's Association is meeting in town today. Obviously, that means today's hearing was deliberately timed to embarrass Governor Abbott while the Vice President is in town.  This website's issues with Governor Abbott aren't a secret, but we appreciate his response:
  
  

  Businesses are rushing to get to Texas as fast as they can, fleeing burdensome regulations for the Texas brand of economic freedom. Texas is working, & we’re just getting started. #txlege pic.twitter.com/EOQKJwyTfL

  — Greg Abbott (@GregAbbott_TX) November 15, 2017

• Lots of talk about Amazon, to which we have to say the same thing that we've said in the local discussion: It might make sense, but only up to a certain price tag.

• Lots of cliches about "education" and "workforce development" which is code for dramatic increases in spending.

Bottom Line: Barf bag.

Hensarling leaves open seat without Obvious Successor....

"Then I turned myself to consider wisdom and madness and folly;
For what can the man do who succeeds the king?—
Only what he has already done."
Ecclesiastes 2:12

At this point, we assume you've heard:

My full statement on not seeking re-election in 2018: pic.twitter.com/2mkUIxtAED

— Jeb Hensarling (@RepHensarling) October 31, 2017

This is...unfortunate, at least right now.

We've never been under any illusions about Jeb Hensarling, but historically he's tended to be less loathsome than the average Texas Congressman.  He's usually been pretty good against corporate welfare.  We retain fond memories of the conniption fit he gave to friends of the Texas Association of Business in 2015.

Which is our longwinded way of saying that we wish he'd waited two more years to make this decision.

To understand why, consider Jeb Hensarling's district:

Compare Hensarling's district to the obvious successor:

While Bob Hall is the most obvious person to run for Hensarling's seat (and, given Hall's military background, he'd be a good fit for a federal position), there's an obvious problem: We need Bob Hall to stay put in the Texas Senate.  If Bob Hall were to jump into a Congressional race, it would leave his Texas Senate seat in peril of being scooped up by Cindy Burkett.  At this time, a Texas Senate seat is more valuable than a congressional seat.

Moving from the Texas Senate to the house, Hensarling's congressional district overlaps the following Texas house districts:

Note: Redline boundaries were done by hand and are thus APPROXIMATE.

Hensarling's Congressional district overlaps the following state reps:

• Lance Gooden.

• Travis Clardy.

• Jason Villalba

• Morgan Meyer.

• Cindy Burkett (open seat).

• Dan Flynn.

• Byron Cook (open seat!!!)

• Cole Hefner.
• Note: We didn't actually realize that Hefner overlapped until we looked it up.  That being said, it's only a tiny sliver.  While Hefner might be a possibility ( *ONLY* if he can cover his state rep seat), it still seems like a stretch.

With the exception of Hefner, none of those names are particularly exciting.  The biggest shame is that a number of those incumbent state reps are facing strong challengers (or, in Cook's case, have already been chased out of the race by a strong challenger.  Which, once again, brings our lament: Our bench in this part of the state is going to be a lot stronger in 2020.

Unfortunately, it's 2018; while we'd love to upgrade this seat, right now almost all of the obvious candidates would be downgrades.

Bottom Line: If you're an ambitious county commissioner with a strong record anywhere in this district, now might be a good time to swing for the fences.

#TXLEGE: Tinderholt to monitor Straus' Loathsome little "Economic Competitiveness" dog and pony show....

"When the righteous are in authority, the people rejoice;
But when a wicked man rules, the people groan."
Proverbs 29:2

Good for him:

Tinderholt letter to Cook by Cahnman on Scribd

#TXLEGE: Detailing today's house floor shady business....

Chris Paddie aggressively confronts Matt Krause

"And then I will declare to them, ‘I never knew you; depart from Me, you who practice lawlessness!’ "
Matthew 7:23

Some notable, albeit predictable, items from today:

• Shady SB 19 calendar rule - The house adopted a calendar rule for to restrict the type of amendments eligible for the retired teacher health care bill up tomorrow.  Todd Hunter's stated reason for the amendment was to speed up the conference committee process.  Unfortunately, as Matt Rinaldi got Hunter to confess under questioning, Hunter's rule explicitly prohibits the type of amendment that would allow the Senate to concur and skip the conference committee process entirely.
  
  As Rinaldi correctly pointed out, adoption of this calendar rule will (because of time constraints) eliminate any chance for an agreement on helping retired teachers; so this was a vote against health care for retired teachers.
  
  Jonathan Stickland correctly described leadership's actions in arbitrarily and lawlessly restricting the type of amendments that can be offered as tyranny.
  
  
  
• Refusal to consider third reading amendments on SB 1 - As part of an agreed upon deal during last Saturday's floor debate on the property tax bill (to get the spending cap bill to the floor), the Freedom Caucus agreed to pull down several amendments and send the bill to conference committee.  Unfortunately, leadership reneged on their end of the deal.  Thus, the freedom caucus pre-filed the amendments and intended to bring them back on third reading today.
  
  But Dan Huberty had other plans: Afraid to cast a record vote on the freedom caucus amendments, Huberty produced 25 signatures and immediately "called the question" (ie. moving immediately to a vote on the bill without considering amendments).  Several freedom caucus members, led by but not limited to Stickland, vigorously questioned Huberty and Dennis Bonnen about the last minute change.  Bonnen attempted to argue that second reading was the appropriate time to discuss amendments, while omitting that leadership's about face on Saturday's deal happened after second reading on SB 1.
  
  Following the vote, Chris Paddie aggressively confronted Matt Krause on the floor and attempted to lie about leadership's action Saturday; Paddie was physically restrained, and eventually led away from the confrontation, by Byron Cook (Note: You know it's bad when Byron Cook is the voice of reason).

• Zedler's union dues amendment on the school finance commission bill - This one wasn't particularly shady, but it was really entertaining to watch.  During consideration of a bill to create a school finance commission, Bill Zedler offered an amendment to study how much the start.
  
  Dan Huberty acted particularly butthurt and claimed Zedler's amendment was some sort of restriction on the ability of teachers to participate int he political process.  Byron Cook claimed Zedler's amendment was "discrimination" against teachers.  Two separate points of order were called by democrats.
  
  The amendment ultimately got 49 votes, which was better than we thought it would do.

#TXLEGE: How house leadership attempts to kill pro-life bills....

"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

This is a very revealing exchange between Stickland and Straus; we were actually in the gallery when it happened and we're glad he pulled the video:



Highlights:

• Byron Cook's committee was meeting about an unrelated bill.
• "Could we ask him to come up front, for the benefit of the public?!?"
• "Mr. Stickland, that question is not in order."

• HB 14 has been sitting in limbo between state affairs and calendars for two weeks.
• "The paperwork has not made it to the calendars committee."

• "What can the members do to make Chairman Cook get the paperwork to the calendars committee?!?"

• "Are you aware that, on average, it takes about a day and a half to get paperwork from one committee that meets in this building to another committee that meets in this building.
• "Mr. Speaker, do you think that's acceptable?!?"

• "Is there any procedural move that we can do to get Chairman Cook, of state affairs, to act on this bill and do his duty?!?"
• "Mr. Stickland, I would advise you to speak to the chairman."

• "Mr. Speaker, what do we do when the chairman makes it very clear he does not want to work with us?!?"

• "Mr. Speaker, is there any procedural move that we could remove a chairman?!?"
• "No."

• "Mr Speaker, is a committee chairman removable at will by the speaker at any point?!?"
• "Not by this speaker, no."

• "Do the rules permit you to do it if you so choose, Mr. Speaker?!?"
• "Mr. Stickland, I think we've had enough of this conversation."

• "Did you appoint Chairman cook to chairman of state affairs?!?"
• "I think clearly the answer is yes."

#TXLEGE: House leadership caves three times today....

"And not only that, but we also glory in tribulations, knowing that tribulation produces perseverance;"
Romans 5:3

[Note: Today's floor session can be viewed here; Hunter's remarks are at the 43 minute mark.]

• Cave #1 - Hunter pulls the property tax gag rule.
  
  As we discussed yesterday, the Calendars committee had posted a rule for Saturday's floor debate on property tax reform that would have barred any amendments on the bill.  The freedom caucus and the grassroots justifiably went BONKERS.  This morning, Hunter pulled the rule.
  
  "As chair of calendars, there will be no motion for that calendar rule."
  
  They didn't have 76 votes; we've heard conflicting reports about why that was the case, but multiple sources have suggested that the Democrats recognized that for the minority party to assent to this precedent was a move that could come back to bite them in future sessions.

• Cave #2 - Tan Parker sets GOP caucus meeting.
  
  
  
  Even if certain (predictable) members are trying to weasel out of attending, there's week to make sure they show up.
  
  
  
  
• Cave #3 - DNR bill now moving.
  
  Confession: We thought this was dead, buuut....
  
  
  
  
  
  
  
• After TMA tried to weasel out of the deal, Abbott's staff got involved.
• Bill passed Byron's Cook's committee this afternoon.
• Floor debate could come as early as Saturday.
• Note: We're guessing sunday; there's no way they put this on the same calendar as the property tax reform bill.

Bottom Line: Deadlines are a wonderful thing.

#TXLEGE: If we're ever gonna get rid of Joe Straus....

"Behold, all those who were incensed against you
Shall be ashamed and disgraced;
They shall be as nothing,
And those who strive with you shall perish."
Isaiah 41:11

...then yesterday's Nay vote on Byron Cook's amendment to restore the rainy day fund raid give you a hint at the type of coalition it might take:

So that's 67.

Also, FWIW, Jeff Leach, Tony Tinderholt, and Scott Sanford weren't on the floor but could have been reasonably expected to vote no.

So that's 70.

Furthermore, Lance Gooden later made a journal statement against the amendment.

So that's 71.

Obviously, you need 76, but that 71 is potentially a start.

Also, FWIW, based on the 2017 Mark Jones index, Trent Ashby is Republican #76:

#TXLEGE: The Good, the Bad, and the Ugly from today's house floor session....

"Behold, the nations are as a drop in a bucket,
And are counted as the small dust on the scales;
Look, He lifts up the isles as a very little thing."
Isaiah 40:15

[Note: We also ran into Mayor Adler in the house gallery and had a very...frank...exchange of ideas about the City of Austin budget; we're not sure which category to place it into.]

Interesting day today.  Probably doesn't mean much.  But some thoughts:

The Good:

• Cook Amendment Fails - HB 25 is an obnoxious piece of legislation that attempts to use sick children as human shields to expand Medicaid.  In addition to being outside the bounds of the special session call [Note: Why didn't anyone call a point of order on this?!?], as originally filed the bill would have paid for the medicaid expansion by raiding the rainy day fund.  Yesterday, during second reading, Matt Krause had an amendment adopted that shifted to a different funding source.
  
  Today, on third reading, Byron Cook offered an amendment to restore the rainy day fund raid [Note: Third reading amendments are considered a big deal in the legislature].  Proponents of the bill attempted to argue raiding the rainy day fund would make the Governor more likely to add the bill to the special session call.  Dennis Bonnen attempted to talk sense by pointing out there was no way the Governor would support raiding the rainy day fun.
  
  Sarah Davis attempted to accept Cook's amendment.  Jonathan Stickland LOUDLY objected and asked for a record vote.  Cook's amendment ultimately failed 67-67.

• HB 22 fails on verification vote - This bill would extend the life of a school funding programs.  It was widely assumed the bill would pass comfortably.  But a number of the bill supporters received the benefit of ghost voting and weren't actually on the floor when the bill passed.  Some astute observer asked for a verification vote where the bill failed.
  
  Obviously, they'll bring this bill back next week but it was still amusing to see leadership get egg on their face.

The Bad:

• Huberty's TERRIBLE school finance bill passed with minimal opposition - During his layout for the bill, Huberty attempted to call this an olive branch, but it's actually a middle finger.  Furthermore, he claimed the bill would "reform education" when it literally does the exact opposite.  This bill does nothing but pour money into the status quo.
  
  Furthermore, Huberty attempted to claim school districts don't waste money and that the bill would allow school districts could reduce taxes "if the so choose."
  
  The bill ultimately passed 130-12 without amendment, with all present Freedom caucus members (joined by Morgan Meyer and Scott Sanford) voting no.

Which brings us to THE UGLY:

• Todd Hunter created amendment rules that made any amendment non-germane - According to Capitol soucrces, the rules adopted for this bill meant that any amendment that "added language" to the bill wasn't germane.  This was in direct contradiction to what Hunter said on the House floor on Wednesday about the process.  No members, including but not limited to Freedom Caucus, were allowed to place amendments on the bill.
  
  Still don't understand why anyone didn't point this out during floor debate....

#TXLEGE: Observations from #SpecialSession Day 1

And it will be said in that day:
“Behold, this is our God;
We have waited for Him, and He will save us.
This is the Lord;
We have waited for Him;
We will be glad and rejoice in His salvation.”
Isaiah 25:9

Obviously, today was day 1 of the legislature's special session.  The TL,DR version is that there are currently a lot of moving parts and we should know a lot more Thursday.  Nevertheless, some observations:

• Senate moves promptly on Sunset -- Shortly after they gavelled in, the Senate went into recess and held a committee hearing on the sunset bill  They're widely expected to vote the sunset bill out of the chamber tomorrow.  Expect Governor Abbott to formally amend the call to include the 19 other items tomorrow afternoon or early Thursday.
  
  

  

  Bud Kennedy outside the Senate chamber.

• Senate committee hearings on non-sunset items likely to start Thursday, get into full swing Friday...but that schedule is not set in stone.

• Straus refers sunset bill to Byron Cook's committee (Committee hearing tomorrow) -- LOL, don't ever change Joe....
  
  

• We chatted with a Texas Observer reporter about the pro-life bills -- We'll see what (or even if) they publish.  We explained that it's abhorrent to ask people to subsidize tearing up babies in their mama's womb either through local taxes or their health insurance.  We also explained how the Charlie Gard case in the UK creates a new sense of urgency on the DNR bill.

• The left holds a pathetically small rally -- The intersectional left of various persuasions came together for what they'd previously hyped as the biggest rally ever.  About 200 people showed up.  We didn't pay particular attention to what they were talking about but apparently "compassionate care" is a new euphemism for abortion.  Also, something or other about "transgender equality."
  
   Compare our photos from today with the left wing protests during the 2013 special session:

• But at least the commies showed up!!!
  
  

• And remember, at the end of the regular session, when Matt Rinaldi pointed out that left wing protesters we're openly advertising that they were in the country illegally?!?  Yeah, about that....
  
  
  
  
  
  [Note: The Central Texas office of Immigration and Customs enforcement can be reached at (210) 283-4750 or  SanAntonio.Outreach@ice.dhs.gov.]

#TXLEGE: UK's AWFUL Charlie Gard case illustrates why Texas needs to abolish non-consensual DNR's....

"And they have built the high places of Tophet, which is in the Valley of the Son of Hinnom, to burn their sons and their daughters in the fire, which I did not command, nor did it come into My heart."
Jeremiah 7:31

Over the past few days we've been horrified by the Charlie Gard case in the UK:

Any day now, they’ll kill Charlie Gard.

Charlie Gard, born last August, suffers from an inherited disease called infantile onset encephalomyopathic mitochondrial DNA depletion syndrome, generally referred to as “MDDS.” The disease is extraordinarily rare: At present, there are only 16 known cases worldwide. Most patients who suffer from it die in early infancy. Charlie is unable to breathe unaided, suffers from seizures, and has severe brain damage.

For ten months, Charlie has been living in the intensive-care unit at Great Ormond Street Hospital in London. In March, his doctors decided that there was nothing more they could do for him, and they recommended that his parents, Connie Yates and Chris Gard, withdraw his ventilator. They refused, on the grounds that an untried experimental treatment was available in the United States. The hospital, in accordance with British law, applied to the courts to forestall further treatment. In April, the High Court found for the doctors and against the parents. In May, the Court of Appeal upheld the initial decision. In early June, the Supreme Court agreed. And this week, the European Court of Human Rights — the last court of jurisdiction — refused to intervene. Charlie’s parents have raised enough money from private donations to fund the experimental treatment, but the court decision prohibits his removal to the U.S. Whenever they see fit to do so, the doctors at Great Ormond Street Hospital can now remove Charlie’s life support.

Yes, it's as awful as it sounds.

But...did you know that Hospitals in Texas have authority to do basically the same thing?!?

Under current law, hospitals in Texas are allowed to place "Do-Not-Resuscitate" orders on patients without their consent or, in the case of minors or the incapacitated, the consent of their next of kin?!?

Texas Right to Life explained in April [Note: The relevant section begins at the 2 minute mark]:



Highlights:

• It's not required by law to have patient consent for a DNR order.

• Patients have secret DNR's placed on them without being informed.

• A doctor an put a do-no-resuscitate order on a patient against their will.

During this past regular legislative session, HB 2063 was filed by GREG Bonnen.  It was a five paragraph bill that would have required hospitals to obtain patient consent before issuing a DNR.  Unfortunately, after it was slow walked through Byron Cook's State Affairs committee and Todd Hunter's Calendars committee, it was died late in the session after House leadership attempted to use it as a legislative hostage to grease the skids for a variety of special interest bills.

Yes, that's as awful as it sounds.

Fortunately, we have a second chance: Governor Abbott made "strengthening patient protections relating to do-not-resuscitate orders" a special session agenda item.

It'll be interesting to see how Byron Cook and Todd Hunter act the second time around.

Bottom Line: Involuntary do-not-resuscitate orders have always been horrific, but this week's news out of the UK re-illustrates the urgency of the issue.

#TXLEGE: Notes on the Mark Jones Index....

"Therefore by their fruits you will know them."
Matthew 7:20

Mark Jones is a political science professor at Rice University.  Every odd numbered year, he produces a non partisan index that ranks the members of the Texas Legislature from left to right.  Jones' index is worth investing some time into because, while the methodology is more complicated than some other groups, it's the most comprehensive analysis of individual members of the Texas Legislature.

Texas House Results:

Note: Click on the image to enlarge.

Texas Senate Results:

In no particular order, some personal observations:

• Freedom caucus (predictably) solidify their position as the 12 most conservative House members.

• Kel Seliger is the most liberal Republican in the Texas Senate; over half of the Republican caucus in the House is more liberal than Seliger.

• In the House, we would give every member from Rodney Anderson up a passing grade on voting record; that's 31 members out of a 95 member Republican caucus.

• However, even among those 31 members with passing grades on their voting record, there are three (Drew Springer, Dennis Bonnen, and Larry Phillips) who receive automatic F's based on other shady actions; so 28 members out of a 95 member House Republican caucus ultimately receive passing grades.

• 26 Republican House members have more liberal voting records than Byron Cook; chew on that one for a second.

• Jason Isaac moves significantly to the right from 2015 to 2017; this is consistent with a number of observations we made during the session.

• In the other direction, Jodie Laubenberg, James White, Giovanni Capriglione, Tan Parker, and Phil King continued their multi-session leftward drift.

• Speaking of leftward drift, Dan Flynn is now in the bottom half of House Republicans.

• On Monday, we discussed how the leftward march of the pro-status quo crowd was playing with fire; on that note, we find the fact that in both chambers Democrats from the Valley (which has been trending Republican for a decade) voted to the right of their counterparts in the big urban counties to be fascinating.

• Rafael Anchia and Chris Turner both rank significantly to the left of the average Democrat in the House...are they sure those are the two guys they want to make spokespeople for their entire party?!?

• On the Senate side, all Republicans elected in the past 7 years are significantly to the right of the person they replaced.
• Update: We suppose that technically Paul Bettencourt is about even with the guy he replaced in SD-7.

• Charles Perry and Larry Taylor both have voting records to the left of Bob Nichols; while people shouldn't overreact, this is a trend worth monitoring.

• Joan Huffman as the second most liberal Senate Republican might be flying a little too close to the sun for her own good in her re-elect cycle.

Read the full report (including a detailed discussion of methodology) for the House here and the Senate here.

#TXLEGE: Cook's lawlessness provokes O'Keefe to action....

"Wait on the Lord;
Be of good courage,
And He shall strengthen your heart;
Wait, I say, on the Lord!"
Psalm 27:14

[Note: Background here.]

This can't end well for Byron Cook:



Highlights:

• Amy was arrested for filming a meeting of House state affairs in late March.

• "Like us at Project Veritas, she believes in creating a more ethical and transparent society by holding those in power accountable."

• Texas Open Meetings act Sec. 551.023: "A person in attendance may record all or any part of an open meeting of a governmental body by means of a recorder, video camera, or other means of aural or visual reproduction."

• When Amy and O'Keefe attempted to interview Cook's staff, they called DPS.

• Cook's Chief of Staff attempts to deflect with legal sophistry.
• Blah, blah: "House rules...."

• "It seems that Representative Cook didn't want Project Veritas asking questions."

• "Some of these politicians certainly think they are above the law, and they can certainly be hypocrites."
• Note: ESPECIALLY Byron Cook.

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Representative Byron Cook: (512) 463-0730

Bonnen hears (at least) 11 more special interest carve out bills (51 for session)....

"Dishonest scales are an abomination to the Lord,
But a just weight is His delight."
Proverbs 11:1

It's that time of week when we check on the latest from Dennis Bonnen and the Texas House Ways and Means committee:

• HB 643        Phillips
  Relating to the eligibility of land for appraisal for ad valorem tax purposes as qualified open-space land on the basis of its use for wildlife management.
  
• HB 1211       Phillips               
  Relating to the additional tax imposed on land appraised for ad valorem tax purposes as qualified open-space land if a change in use of the land occurs.

• HB 1626       Gutierrez              
  Relating to the authority of a taxing unit other than a school district to enter into a tax abatement agreement with an owner of real property in a tax increment financing reinvestment zone.

• HB 2453       Lucio III | et al.     
  Relating to an insurance premium tax credit for investment in certain communities; imposing a monetary penalty; authorizing fees.

• HB 2560       King, Tracy O. | et al.
  Relating to the appraisal for ad valorem tax purposes of certain dealer's heavy equipment inventory.

• HB 2756       Cook                   
  Relating to certain procedures for tax redeterminations and refund claims.

• HB 2871       Guillen                
  Relating to the use of county hotel occupancy taxes by certain counties.

• HB 3345       Springer               
  Relating to the definition of "passive entity" for the franchise tax.

• HB 3466       King, Tracy O.         
  Relating to the appraisal for ad valorem tax purposes of dealer's heavy equipment inventory and the prepayment of taxes on that inventory.

• HB 4052       Murphy                 
  Relating to the exemption of certain services performed by certain employees from the sales and use tax.

• HB 4054       Murphy                 
  Relating to the application of sales and use taxes to certain food items.

Byron Cook to be INDICTED Next Week

"The fool has said in his heart,
“There is no God.”
They are corrupt,
They have done abominable works,
There is none who does good."
Psalm 14:1

BYRON COOK orders citizen ARRESTED for Filming....

"No weapon formed against you shall prosper,
And every tongue which rises against you in judgment
You shall condemn.
This is the heritage of the servants of the Lord,
And their righteousness is from Me,”
Says the Lord."
Isaiah 54:17

[Update: Practical Politicking has more here.]

Amy Hedtke is a North Texas activist who frequently broadcasts political events on Facebook (using an iphone).  For those who are unaware, the Texas House's 'house rules' only allows citizens to film committee meetings "at the discretion of the chair" (even though that's illegal under state law).  Looks like Amy chose to put the 'House rules' to the legal test they've always deserved in Byron Cook's State Affairs committee hearing this afternoon:

[Note: The interaction with House staff and law enforcement begins at the 50:40 mark.]




The next video pretty much speaks for itself:

[Note: There's a full explanation of the day's events in the final minute of this one.]



Bottom Line:  Sometimes you pray for Rosa Parks, and God sends you Amy Hedtke....

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DPS: (512) 463-6481.
Chairman Byron Cook: (512) 463-0730.
Governor Greg Abbott: (512) 463-2000.

Butthurt anti-Paxton "prosecutors" attempt Hail Mary

"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

Unable to continue fleecing taxpayers, the special prosecutors in the Ken Paxton case took a break from helping transnational criminal enterprises intimidate witnesses to engage in a new act of LOL:

State prosecutors pursuing criminal charges against Texas Attorney General Ken Paxton want to move his upcoming trial out of Collin County, arguing that it's the only way to ensure the proceedings are fair.

Their case has been "tainted," the prosecutors alleged, by the repeated attempts of the attorney general's allies to deify Paxton and personally attack anyone they see as working against him. The prosecution has become mired in local politics, they added, with everyone from county commissioners to state lawmakers and ex-presidential hopeful Rick Santorum trying to derail it.

This, plus the recent leak of confidential investigation material by a former TV reporter working for Paxton’s defense team, will hurt the prosecutors’ chances of finding an impartial jury on Paxton's home turf, they argued Thursday.

"The state of Texas cannot get a fair and impartial trial in Collin County. Neither can the victims it represents. This issue is simply not in doubt,” the three prosecutors said in their “change of venue” motion. "Over the course of almost the last two years, as set out over these 57 pages, Paxton's posse of spokesmen, supporters and surrogates — a clique herein collectively referred to as 'Team Paxton' — has embarked on a crusade clearly calculated to taint the Collin County jury pool."

....

If the judge sides with the prosecutors, Paxton’s trial will probably be delayed (*). If he sides with Paxton’s attorneys, it will kick off as scheduled May 1.

....

In their filing Thursday, the prosecutors also accuse former journalist Wayne Dolcefino of giving confidential investigation files to Watchdog.org, a conservative website that’s reported extensively on Paxton.

Paxton hired Dolcefino, a reporter-turned-investigator whose website describes him as “one of the most feared names in Texas television,” as an "investigator," the prosecutors allege. In the process, they said he leaked a file compiled by the Texas Rangers to Watchdog.org writer Jon Cassidy, details of which he published online.

[Author's Note Emphasis added.]

Read the whole thing here.

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* -- Bingo, because they want the trial to overshadow Paxton's re-election campaign.

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If you have a half hour, the embarrassingly poorly written court filing is a fun read:

2017-02-09 Change of Venue Motion by Cahnman on Scribd

Latest Paxton Case Revelation: Perhaps Byron Cook is merely incompetent....

"Do not go hastily to court;
For what will you do in the end,
When your neighbor has put you to shame?"
Proverbs 25:8

[Author's Note: Byron Cook wore out every shred of benefit of the doubt he ever had with this website a long, long, long time ago.  We remain firmly, if informally, convinced that Cook has been lying this entire time.  That being said, taking him at his word (in this one instance) is a really fun thought experiment.]

The indefatigable Jon Cassidy just uncovered something new in the fiasco otherwise known as the Paxton prosecution:

The criminal case against Attorney General Ken Paxton is based on an assumption, according to investigatory records of the Texas Rangers.

It’s an assumption that state Rep. Byron Cook (R–Corsicana) says he made about Paxton before investing $300,000 in a company called Servergy. Three of his friends say they made the same assumption, according to files obtained by Watchdog.org.

These four friends – Cook, Joel Hochberg, Bill Sandford, and Bob Griggs – have been investing together for decades. Cook and Sandford started going in on deals together 30 years ago; Hochberg joined them 20 years ago.

....

Although deception is a key element in any fraud case, none of the four claimed Paxton misled them – about getting Servergy stock, about putting his own money into the company, or anything else.

Rather, “Jacobson said the four investors assumed Paxton was also investing in Servergy based on past investments with Paxton,” Ranger Stacy McNeal wrote.

However, it was Cook who turned Hochberg, Sandford, and Griggs onto the Servergy opportunity, according to the records. It was Servergy CEO Bill Mapp who gave the presentation on the investment, not Paxton.

Sandford and Griggs, by their own admission, never even talked to Paxton about Servergy.

Their discussions about whether to invest were with Cook, who “was committed to investing in Servergy,” according to Sandford. Nobody claims that what Paxton was doing with his money even entered into the discussion.

....

Still, even with Cook and Hochberg, those special prosecutors are going to have earn the $1 million-plus they’re making by persuading a jury to embrace a novel theory of fraud: Paxton should go to prison not for anything untrue he said or implied, but for an incorrect thought by others about what he was doing with his own money, a pure assumption, which existed only in somebody else’s head.

....

Cook intends to avoid answering questions under oath until after Paxton’s trial this spring is over. His attorneys have filed for a legislative continuance, a perk lawmakers enjoy that allows them to automatically block all action on litigation they’re involved in for six months or more when the Legislature is in session.

[Author's Note: Emphasis added.]

Read the whole thing here.

Bottom Line:Even if he were telling the truth (which he isn't) Byron Cook is, at best, the most incompetent investor in the history of investing....