#TXLEGE: Lt. Dan's Best Day All Year

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

Serve:

PR 12 17 2019 Lt. Gov. Patrick Challenges Bush Characterization of Alamo Redesign Plan Opponents by Cahnman on Scribd

Whiff:

“Lt. Gov. Patrick has taken my statement out of context, much like the small group of protesters and activists," Bush said in an email. "To clarify, I stated the accusation that I was erecting a statue of Santa Anna at the Alamo, and protesters continually referring to me with slurs such as 'Santa Anna Bush' online is racist."

Bush said Patrick had "twist(ed) my words" to suggest that he had called all critics of the Alamo redevelopment plan racist.

"It is a very dangerous mistake for an elected official with his power to make," Bush said of Patrick's comments. "I’ve always done my best to be open and transparent with the Alamo project (*), and I look forward to Lt. Gov. Patrick learning the facts about the project in January. Hopefully, this will stop the spread of more rumors.”

 * - Baldfaced lie.

Serve:

PR 19 12 17 by DanPatrickTX on Scribd

Good.

Bush's conduct was never good.  In recent months, it's become increasingly reprehensible.  It's time for accountability from the legislature.

The Lt. Governor's office is as good of a place for that to start as any.

So three cheers for Lt. Dan on the substance of yesterday's actions.

Someone had to do it.

-------

Politics:

However, let's not kid ourselves: Lt. Dan's letter was political AF.

Over the past few months, George P. Bush (and his dingleberry staffers) has been telling anyone who would listen that he was coming for Lt. Dan's job.

Did George P. Bush expect Lt. Dan to take that lying down?!?

Because, to put it mildly, that's not Lt. Dan's style.

George P. Bush handed this issue to Lt. Dan on a silver platter, and nobody should be surprised that Lt. Dan ran with it.

-------

The system worked:

But so what?!?

James Madison explained in 1788:

Ambition must be made to counteract ambition.

In this case, Lt. Dan's ambition (to keep his current office) is counteracting George P. Bush's ambition (to take Lt. Dan's office).

Lt. Dan saw an opportunity to go after George P. Bush over the latter's misconduct in office. Lt. Dan took it. In taking the opportunity, however, Lt. Dan's actions advanced the public's interest.

Who cares if his actions were "political"?!?

-------

Bottom Line: On the one hand, it's about time.  On the other hand, better late than never.  Stay tuned.

#TXLEGE: Insufferable Senate Solipsists Waste Everybody's Time

"Everyone proud in heart is an abomination to the Lord;
Though they join forces, none will go unpunished."
Proverbs 16:5

[Note: If you care about the details, Lauren McGaughy of the DMN live tweeted the early part of the hearing here.  Her thread contains links to coverage of later parts.  Masochists can watch the full hearing here.]

[Note II: The definition for 'solipsism' is available here (see definition #2); the definition for 'pompous' is available here.]

It's mercifully over.

Today's initial hearing of the Texas Senate's interim committee on so-called "Mass Violence Prevention & Community Safety" accomplished nothing.  Unless you consider an unintentional case study in ego and political grandstanding an accomplishment.  It delivered on that count.

DPS chief Steve McCraw was the hearing's primary witness.  This would be the same Steve McCraw who, earlier this year, bungled the state's voter roll eligibility review.  Honestly, that tells you everything you need to know.  Only in government could someone with Steve McCraw's recent record of grotesque incompetence not get fired.

A vignette: During his testimony, McCraw prattled on for several minutes about the alleged threat posed by incels.  Seriously, frickin' incels.  Obviously, incels are a demented sex cult.  But they're completely irrelevant.  Yet one of the top law enforcement officials in the state of Texas actually jabbered at the Texas Senate about this topic.  Even worse, the Senate took it seriously.  It was embarrassing (or should have been).

Also, this happened:

. @SenJaneNelson just said there are privacy concerns with checking social media, says she doesn't want law enforcement to be reading all her tweets. 🤔#txlege

— Lauren McGaughy (@lmcgaughy) September 26, 2019

Apparently, Senator Nelson is unaware that Twitter is already a public forum.

Bottom Line: Obviously, recent events in El Paso and Odessa sucked.  That goes without saying.  Nevertheless, today's Texas Senate hearing was a reminder that showboating politicians rarely make things better after a tragedy.

#TXLEGE: Patrick falls deeper into denial, rationalization

"The tongue of the wise uses knowledge rightly,
But the mouth of fools pours forth foolishness."
Proverbs 15:2

Earlier this morning, Michael Quinn Sullivan wrote a short Twitter thread about constitution day.  Ok fine, whatever.   During the thread, Sullivan took a relatively tame jab at Dan Patrick's recent turn against the Second Amendment.

Which caused Lt. Dan's notoriously thin skin to return with a vengeance:

You know my plan exempts family and friends, so apparently you are fine with selling your guns to total strangers who can’t pass a background check because they could be a violent felon or someone bent on mass violence. BTW, release the tape. You are destroying our party.

— Dan Patrick (@DanPatrick) September 17, 2019

Guilty conscience, Lt. Dan?!?

Lt. Dan's supposition is, of course, preposterous.  Whatever one thinks about Sullivan's strategy re: the Bonnen audio, the notion that it's "destroying our party" has no basis in fact.  Jonathan Stickland explains:

No @DanPatrick you sir are destroying our party. You are the politician who has forgotten who brought you to the dance. You’ve publicly been taking a dump on our party platform & our long held support of the #2A. You will own the election results not the grassroots! #txlege

— Jonathan Stickland (@RepStickland) September 17, 2019

Bottom Line: This farce would be entertaining if it weren't so serious.

#TXLEGE: Dan Patrick is the new Dubya

"Those who forsake the law praise the wicked,
But such as keep the law contend with them."
Proverbs 28:4

Dan Patrick sent...quite the e-mail yesterday:

I am sorry that some of my allies in the battle to protect our Second Amendment rights are angry about this — but as I say in this Fox clip, the National Rifle Association is just wrong on this. Their refusal to compromise on this issue will only hurt our long-term defense of the Second Amendment.

....

If those of us who support the Second Amendment won’t begin a discussion on this common sense change in our current laws, we risk losing everything. The crazed gun control crowd— from Biden to Beto — will sweep in and destroy our rights. They want to take away our guns — and even remove the Second Amendment from the Constitution.

In other words: Dan Patrick wants to suspend the Second Amendment to save the Second Amendment.

[Note: Does Patrick feel the same way about the fourth, fifth and sixth amendments?!?]

Where have we heard that logic before?!?

BUSH: Well, I have obviously made a decision to make sure the economy doesn’t collapse. I’ve abandoned free market principles to save the free market system.

[Note: It's absolutely insane, but all video clips of that Dubya quote have been scrubbed from the internet.]

Eleven years after that Dubya remark, the free market has never recovered.  It might be in modestly better shape than it was 3 or 4 years ago.  But the U.S. economy remains less free to this day.

With all due respect to Dan Patrick, we don't want to see that happen to the Second Amendment (or the fourth, fifth and sixth).

Bottom Line: They're not even coming up with new talking points anymore.

#TXLEGE: Will Lt. Dan accept Loesch's offer?!?

"As iron sharpens iron,
So a man sharpens the countenance of his friend."
Proverbs 27:17

Things just got a little more interesting:

I feel @DanPatrick is misguided on already federally regulated legal private sales which studies have shown are not the driver for illegally acquired firearms https://t.co/3zdtxDx8h9

Happy to have him on air with me to discuss. https://t.co/19G3KIlBnl

— Dana Loesch (@DLoesch) September 6, 2019

Thank you Dana.  This author understands how, as a national radio host, you're pulled in 25 different directions every day.  Fortunately, you recognize this moment's dire stakes.  We're gonna need you.

For now, however, the ball is in Dan Patrick's court.

He's likely to accept.  When it comes to firearms related public policy, however, Dana Loesch knows her stuff.  Lt. Dan, putting it mildly, doesn't always do well in these scenarios.

Bottom Line: We have no idea what will happen, but the Bill of Rights could hang in the balance.

#TXLEGE: Greg Abbott Don't Need No Stinkin' Bill of Rights

"You shall do no injustice in judgment. You shall not be partial to the poor, nor honor the person of the mighty. In righteousness you shall judge your neighbor."
Leviticus 19:15

That's not good:

• Order No. 1 Within thirty days of this order, the Texas Department of Public Safety shall develop standardized intake questions that can be used by all Texas law enforcement agencies to better identify whether a person calling the agency has information that should be reported to the Texas Suspicious Activity Reporting Network.
• Order No. 2 Within thirty days of this order, the Department of Public Safety shall develop clear guidance, based on the appropriate legal standard, for when and how Texas law-enforcement agencies should submit Suspicious Activity Reports.
• Order No. 3 Within sixty days of this order, the Texas Commission on Law Enforcement shall make training available to educate all law-enforcement officers regarding the standards that will be developed pursuant to Order No. 1 and Order No. 2.
• Order No. 4 The Department of Public Safety shall create and conduct an initiative to raise public awareness and understanding of how Suspicious Activity Reports are used by law-enforcement agencies to identify potential mass shooters or terroristic threats, so that the general public and friends, family members, coworkers, neighbors, and classmates will be more likely to report information about potential gunmen.
• Order No. 5 The Department of Public Safety shall work with the Texas Education Agency and the Texas Higher Education Coordinating Board on ways to better inform schools, students, staff, and families about the importance of Suspicious Activity Reports and how to initiate that process.
• Order No. 6 The Department of Public Safety shall work with local law enforcement, mental-health professionals, school districts, and others to create multidisciplinary threat assessment teams for each of its regions, and when appropriate shall coordinate with federal partners.
• Order No. 7 The Department of Public Safety, as well as the Office of the Governor, shall use all available resources to increase staff at all fusion centers in Texas for the purpose of better collecting and responding to Suspicious Activity Reports, and better monitoring and analyzing social media and other online forums, for potential threats.
• Order No. 8 Beginning January 1, 2020, all future grant awards from the Office of the Governor to counties shall require a commitment that the county will report at least 90 percent of convictions within seven business days to the Criminal Justice Information System at the Department of Public Safety. By January 1, 2021, such reporting must take place within five business days.

Chilling.

"Suspicious activity reporting," "multidisciplinary threat assessment teams," and "fusion centers."  It doesn't take a genius to see how this goes horribly, horribly, wrong.  Greg Abbott should party with George Orwell.

[Note: You can learn why so-called 'fusion centers' are bad, bad, bad, bad, bad news here; likewise 'multidisciplinary threat assessment teams' here.]

There's been a lot of commentary about how Greg Abbott's actions will impact the Second Amendment.  That's certainly appropriate.  However, the truth is that the long term impact remains to be seen.

That being said, we don't have to speculate how Greg Abbott's actions will impact other parts of the Bill of Rights.

Consider the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Sixth:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

[Note: Emphasis added.]

Go back an re-read Greg Abbott's executive orders.

Do you see the phrase "probable cause"?!?

Neither do we.

How about "indictment" or "due process of law"?!?

NOPE.

"[I]nformed of the nature and cause of the accusation," "confronted with the witnesses against him," or "assistance of counsel?!?

LOL.

Furthermore, remember that these new powers the office of the Governor just assumed for itself will remain on the books long after Greg Abbott departs.

Bottom Line: While the long-term impact on the Second Amendment remains to be seen, the Fourth, Fifth and Sixth Amendments are already toast.

#atxcouncil Inverts First Amendment

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

Council adopted the "city of Austin's" taxpayer-funded legislative agenda for next session.  Substantively, it's predictably terrible.  But the bigger affront is how the city is taxing all to subsidize the political views of some.

We explained as much:



Highlights:

• "At the state convention, three months ago, in late June, the Republican Party of Texas adopted as one of it's top five legislative priorities the abolition of all forms of taxpayer funded lobbying."

• "Item #15 on today's Austin City Council agenda is a textbook example of why."

• "Taxpayer funded lobbying is an inversion of the First amendment."

• "The first amendment is designed to protect private citizens from the government; it doesn't work in the other direction."

• "Taxpayer funded lobbying is compelled speech, it's tyranny of the majority, and it tramples on individual liberty."

• That this author doesn't agree with the substance of the agenda being adopted is an annoyance, but it's not the real issue.

• "If we were in a different part of Texas, and there were a left-wing citizen whose local government was about to use their tax dollars to [lobby for]...the bathroom bill, that would be just as wrong."

• "It would still be compelled speech, it would still by tyranny of the majority, and it would still be an affront to individual liberty."

• On a practical level, the specific agenda council is adopting "will do nothing good" on various affordability issues.

• "When this comes up during the next legislative session, just remember that item #15 is a textbook example of why."

#TXLEGE: Beebe BLASTS Opponent's (aka. Straus' Handpicked Successor) UNCONSTITUTIONAL Attempt to DISARM INNOCENT CIVILIANS

"Every one of the builders had his sword girded at his side as he built. And the one who sounded the trumpet was beside me."
Nehemiah 4:18

From the Inbox:

Beebe Calls On Allison to Rescind His Unconstitutional Stance on Gun Rights

(San Antonio, TX) On Thursday Matt Beebe called upon his opponent, Steve Allison, to rescind his statement advocating for unconstitutional actions that infringe upon Texas citizen’s 4th Amendment and 2nd Amendment rights. 

Last week the San Antonio Express News published an article where Mr. Allison took the position that any citizen should be subject to being stopped and lawfully detained if they are open carrying a firearm (a lawful exercise of their 2nd Amendment rights), and be required to produce identification:

Allison, a longtime friend of Straus, believes police have a right to order anyone who is openly carrying a gun in public to produce a license for the firearm.

“I do think (police) have a right to see a license where there’s a weapon involved,” said Allison.

Beyond the plain reading of the Constitution, there are volumes of court decisions over the last 50 years since Terry v Ohio that have consistently maintained that to “allow stops in this setting would effectively eliminate Fourth Amendment protections for lawfully armed persons.”  This is unacceptable.

Perpetuating this basic misunderstanding of the Constitution directly endangers lawful citizens by misleading local law enforcement, which continues to lead to tragic outcomes across the country and locally.  Short of physical harm to citizens from untrained law enforcement, local taxpayers are at risk of huge monetary judgements against government entities which violate the Constitutional rights of citizens, as has been shown in Northrup v Ohio (a case extremely similar to the circumstances wherein Mr Allison seeks to abridge our Constitutional protections).

Matt Beebe commented on Allison’s statement saying, "fear and feelings should not drive our public policy decisions — especially when it comes to restricting individual rights specifically enumerated in the Constitution.  I'm not willing to trade our 4th Amendment rights just to make some people more comfortable with the lawful exercise of our 2nd Amendment rights.  There is a reason that the local cities have recently rescinded their unlawful ordinances and I would encourage all local law enforcement officials to know that just because Mr. Allison says you can violate someone’s 4th Amendment rights doesn't mean you can.  I hope Steve will rescind his unconstitutional position.”

Bottom Line: Nobody objects to keeping firearms out of the hands of genuinely dangerous people, but to unlawfully search a law-abiding citizens without probable cause is the textbook definition of "infringement"....

Paxton judge re-invents case as campaign issue....

"You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous."
Deuteronomy 16:19

With the case collapsing, the judge in the Paxton case threw the prosecutors a major bone:

The judge in the securities fraud case against Texas Attorney General Ken Paxton has ruled that the trial should be moved out of Collin County and delayed.

The ruling to change venue is a major victory for prosecutors, who had argued Paxton and his allies had tainted the jury pool in Collin County, where he lives. Hours after the ruling, Paxton's lawyers asked Judge George Gallagher to reconsider, suggesting the decision had been based on a "misdirection ploy" by the prosecutors.

Gallagher said the trial, initially scheduled for May 1, will now be postponed until a new venue is determined.

While we're on the subject, consider the sixth amendment to the United States Constitution:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

[Author's Note: Emphasis added.]

Bottom Line: The only purpose of this delay is to have the trial dominate headlines during the fall...right as campaign season kicks off.

Rubber Hits the Road for Tom Mechler....

"Even so you also outwardly appear righteous to men, but inside you are full of hypocrisy and lawlessness."
Matthew 23:28

"Rule Four: Make the enemy live up to its own book of rules."
Saul Alinsky

The internal governance of the Republican Party of Texas is a sinkhole that consumes energy and time without accomplishing anything; nevertheless, this recent tidbit regarding Chairman Tom Mechler caught our attention:

Chairman Tom Mechler refusing to endorse [constitutional carry] publicly or respond to repeated requests for comment.

Well, isn't that lovely...and so typical.

During the last state convention, Tom Mechler pushed a process whereby the convention delegates established "legislative priorities" for the Republican party during the 85th Texas Legislature.  While it was obvious this was a stunt designed to stall meaningful reform of state government for another two years, the public cover story was that the repeated expressions of the will of Texas' voters were just too gosh darned complicated for legislators to discern.  Thus, taking Tom Mechler at his word, the delegates to the 2016 Republican Party of Texas state convention created the following list of legislative priorities:

• Constitutional Carry.

• Abolition of Abortion.

• Securing the Border.

• Article V Convention of States.

• Replace the property tax system.

• School Choice.

• Elimination of Sanctuary Cities.

• Protection of Religious Freedoms.

Let's look realistically at what will happen on each of those this session:

• Constitutional Carry -- Dead on arrival in both chambers.

• Abolition of Abortion -- Charles Perry filed a bill yesterday to eliminate dismemberment abortion, which would be a meaningful step towards this goal; expect Perry's bill to pass the Senate, then get either delayed to death or whittled away into meaninglessness in the House.

• Securing the Border -- Too soon to tell; if the legislature is serious about the border they should (at a minimum) leave the status quo in place and re-visit the issue in 2019, after the new president has had an opportunity to implement policy changes at the Federal level.

• Article V Convention of States -- This is, by far, the least important issue on the list but it will pass because the Governor supports it.

• Replace the Property Tax system -- While it doesn't go nearly far enough, Senator Bettencourt has introduced a politically achievable proposal that would represent a meaningful step forward.  Expect Dennis Bonnen to attempt shenanigans on the House side.  They have to pass something, but whether or not it's toothless symbolism remains to be seen; keep an eye on the conference committee.

• School Choice -- Will pass the Senate; dead on arrival in the House.

• Elimination of Sanctuary Cities -- Devil's gonna be in the details on this one.  Straus has said he supports a "constructive" ban, which is #TXLEGE-speak for a toothless bill.  Again, keep an eye on the conference committee.

• Protection of Religious Freedoms -- Will pass the Senate; dead on arrival in the House.

You'll notice that (with the exception of Article V Convention), NONE of this issues faces an easy path forward.  Three of these issues are, straight up, not going to happen; four others will be very challenging to navigate across the finish line.  For a political party that loves to yammer incessantly about how they "value their grassroots," and that has a near super-majority in both chambers, this seems...odd.

But at least RPT was able to send daily fundraising e-mails during the presidential election based upon absurd premises!!!

Let's review what two decades of Republican 'leadership' has yielded for Texas:

• The sixth highest property tax burden in the nation.

• A socialized "education" system that protects rural bureaucrats at the expense of children in every geographic region.

• A state budget that has increased by $1600 per Texas family over the past decade alongside the second highest local government debt in the country.

• The Margins tax.

• A protectionist "regulatory licensing" climate that locks vulnerable Texans out of the labor force while making it impossible to buy a TESLA.

• 50,000+ abortions every year (even following the bills passed in 2011 and '13) and middle of the pack gun laws.

• A perennially 5-7 "flagship" state university that acts as a patronage mill for the politically connected.

Bottom Line: They can't hide behind Obama anymore.  The Mechler-era Republicans will either deliver, or the reality of this ongoing farce will be obvious.  Bet on the latter.

Paxton's Constitution Day Challenge

"But also for this very reason, giving all diligence, add to your faith virtue, to virtue knowledge,"
2 Peter 1:5

This is fantastic:

Dear Adam, 

Happy Constitution Day!

We are blessed to live in a nation where we have a Constitution that protects our liberties. On this Constitution Day, I encourage you to read it again. 

I sought the office of Texas Attorney General because I believe this document, which guarantees our liberty and truly makes the United States exceptional, is under attack.

Since you elected me, I've fought for these freedoms by standing up to President Obama's job-killing EPA and by leading a 26-state coalition to stop his unlawful amnesty plan -- which would have granted citizenship to millions here illegally.  

I'm also fighting to protect our religious liberties which are under attack. Many will not be happy until they've completely removed any reference of faith from the public square. And being 100% pro-life, protecting the life of innocent unborn children will always be a top priority.

Please forward this email to at least 5 friends and encourage them to re-read the Constitutionas well.

In liberty,

Dimming the Lights on Property Rights: A Debate on Short Term Rentals

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

This afternoon, TPPF hosted Dimming the Lights on Property Rights: A Debate on Short Term Rentals in Austin, but the most revealing moment came last week.  That was when representatives from 50 separate "neighborhood" organizations declined to participate following the Austin "Neighborhoods" Council last minute pullout.  That nobody in Austin's NIMBY community came forward to defend this monstrosity really does tell you everything you need to know.

As TPPF explained in today's program:

In the interest of presenting a fair and balanced debate, it should be noted that the Texas Public Policy Foundation extended invitations to each of the following:

Mayor Steve Adler | City Manager Marc Ott | Councilmember Kathie Tovo | Councilmember Ann Kitchen Code | Former Councilmember Laura Morrison | Compliance Director Carl Smart | 28 Austin-area neighborhood associations | 6 Austin-area Activists

As to the substance of today's discussion, it mostly re-hashed things we already knew.  Chance Weldon, TPPF's lawyer against the City of Austin, explained that you don't surrender your constitutional rights based upon how you set up your living arraignments.   A representative from the hotel industry made the same sort of "level playing field" arguments incumbent industries always make, but neglected to suggest de-regulating his own industry until he was asked about it during Q&A.

It's also worth re-stating that the alleged concerns related to 'party houses' that led to this mess could have been solved by enforcing noise ordinances that were already on the books.  Furthermore, short-term rentals have received fewer than 100 noise complaints ever.  When code compliance fails to enforce the current laws giving them a new grant of unconstitutional authority seems, to put it mildly, odd.

But maybe that's why nobody from the "neighborhood community" showed up to defend this abomination.

Lame attack against Matt Rinaldi Falls Flat....

"This is the way of those who are foolish,
And of their posterity who approve their sayings."
Psalm 49:13

LOL:

[Matt Rinaldi's Opponent] Attacks Gun Owners

Why do [Matt Rinaldi's opponent] and his political operatives oppose law abiding gun owners?

This is the first question I asked myself when I read the atrocious mailer sent out by [Matt Rinaldi's opponent's] political supporters this week.

The ad labeled all gun owners as “potential criminals” and attacked me for an amendment that Sen. Don Huffines and I authored which set in statute the existing Constitutional requirement that gun owners who open carry may not be detained unless there is reasonable suspicion they have committed a crime. The amendment protected gun owners from harassment by anti-gun groups and police from potential lawsuits. The piece deceptively claims I “joined Democrats” in voting for the amendment. It passed the House 133-10, with EVERY Republican voting in favor.

Sen. Huffines said of the despicable attack, “You received a mailer yesterday with a number of misrepresentations. But the worst was the attack for a pro-gun amendment Matt and I worked on together to protect law abiding gun owners. [Matt Rinaldi's opponent] is so desperate to cover his own liberal record that he is spreading lies about Rep. Rinaldi. Please look past the false attacks and remember that Matt Rinaldi was ranked the most conservative legislator in Texas for a reason.”

Another bill characterized as “making it legal to resist arrest” did nothing of the sort. It merely clarified that a resisting arrest charge was required to be based on a legal arrest, as it was under long-standing Texas common law. The other listed bills I opposed posed a greater danger to innocent citizens than the criminals they were intended to target, and some were so poorly drafted they didn’t even get a committee hearing in the Senate.

I am proud to support law enforcement and to be endorsed by the two former police officers serving in the Texas House, Rep. Phil King and Chairman of the Committee on Emerging Issues in Law Enforcement, Rep. Allen Fletcher, each of whom served with myself and Bennett Ratliff. I was also proud to support those officers who made the ultimate sacrifice for our protection by co-authoring HB1278, signed into law by Gov. Abbott, which doubled the death benefit paid to the families of officers killed in the line of duty.

Bottom Line: Matt Rinaldi supports due process and the rule of law.  The amendment in question would have protected Fourth Amendment rights from overzealous government bureaucrats.  For Matt Rinaldi's opponent to make this attack in the first place illustrates the degree to which Matt Rinaldi's opponent subscribes to the belief 'government knows best.'

The University of Texas' TERRIBLE, HORRIBLE, NO-GOOD, VERY BAD Week

“Here is the man who did not make God his strength,
But trusted in the abundance of his riches,
And strengthened himself in his wickedness.”
Psalm 52:7

A lesser organization might have stopped with one, or possibly two, nationally embarrassing headlines.  Of course, that would require an organizational culture capable of shame.  Let's review the University of Texas' week:

• Fischer vs. University of Texas - Any time your week involves a trip to the United States' Supreme Court, as a DEFENDANT, it's off to a bad start.  That was UT's position on Wednesday.  The University had to defend it's admissions practices against the Fourteenth Amendment to the United States Constitution.  It didn't go well for the University.  Obviously, anything involving the Roberts' court is a crap-shoot, but having this discussion in the first place is a loss for UT.

• Hall vs. McRaven - Having to defend your admissions practices in one lawsuit is bad enough...but two?!?  On the same day Fischer was heard in D.C., here in Travis County a separate hearing was held in a separate case involving political favoritism in the University's admissions.  Regent Wallace Hall was forced to sue University Chancellor Bill McRaven after the latter stonewalled the release of documents from an outside investigation into the aforementioned political favoritism.  Once again, it didn't go well for the University.  However the judge rules, this case is headed to appeal, but a modest amount of transparency would have prevented this lawsuit in the first place.

• "Mock Mass Shooting" - In fairness to the University, this one wasn't their fault.  Also on Wednesday, some group of retards announced their intention to hold a mock mass shooting on campus.  We don't get this one.  Open Carry Texas, Lone Star Gun Rights, and Texas Carry all denounced this insanity.  It's also a shame, because the University's proposal for implementing campus carry actually wasn't terrible.

• Lt. Governor Patrick REBUKES the University Tuition Hike...AGAIN!!! - On Monday, University President Greg Fenves formally announced plans to ask the Board of Regents for a tuition hike.  Lt. Governor Patrick's response speaks for itself: "If universities across Texas continue to ignore the increasing financial burden on students and families, and do not look for ways to reduce costs and pass those savings on to students, I have no doubt the Legislature will,” Patrick said in a statement issued by his office. “Furthermore, I believe the Legislature, in a bipartisan effort, will take a serious look at regulating tuitions once again.”  This is the third time in as many months that the Lt. Governor has issued the University a dire warning over tuition policies.

• The Offensive Coordinator search DEBACLE - Last, but certainly not least, is the national embarrassment to which Greg Fenves subjected an already reeling Football program. Following a 5-7 season, is was obvious to anyone watching that Charlie Strong needed to bring in a new offensive coordinator ASAP.   Over the past week, Strong has successfully recruited TWO top-flight offensive coordinator candidates, only to have Greg Fenves' dithering cause BOTH deals to fall apart.  This produced the disgraceful spectacle of the University President taking a last minute trip out of state to recruit an ASSISTANT coach.  While the Longhorns belatedly landed their second choice, Greg Fenves' ambivalence may have poisoned the well in what increasingly looks like Charlie Strong's final season at the Forty Acres.

Bottom Line: It takes a special combination of Arrogance, Incompetence, and Mendacity to find yourself defending against two major lawsuits, rebuked by your Lieutenant Governor, and the subject of national athletic ridicule all in the space of one week.  Somehow, the University of Texas managed that feat.  This situation is going to get worse before it gets better....

Matt McCall endorses Ted Cruz's SCOTUS amendment

"And he said to them, “Collect no more than what is appointed for you."
Luke 3:13

Last Friday Ted Cruz proposed a constitutional amendment that would require retention elections for U.S. Supreme Court justices; Matt McCall endorsed the idea this morning:

I highly recommend you take 3 minutes and read Ted Cruz's recent comments on the Supreme Court decision. 

It is a fantastic read, but the article is summed up with the following statement:

"I am proposing an amendment to the United States Constitution that would subject the justices of the Supreme Court to periodic judicial-retention elections. Every justice, beginning with the second national election after his or her appointment, will answer to the American people and the states in a retention election every eight years. Those justices deemed unfit for retention by both a majority of the American people as a whole and by majorities of the electorates in at least half of the 50 states will be removed from office and disqualified from future service on the Court." - Senator Cruz

----

We must step up for states right's and we must elect federal congressmen willing to take every step necessary to defend a state's right to push back against an oppressive and tyrannical federal government.

Read the whole thing here.

TPPF EXCORIATES Lawless SCOTUS ruling

"And if it seems evil to you to serve the Lord, choose for yourselves this day whom you will serve, whether the gods which your fathers served that were on the other side of the River, or the gods of the Amorites, in whose land you dwell. But as for me and my house, we will serve the Lord."
Joshua 24:15

This statement speaks for itself:

TEXAS PUBLIC POLICY FOUNDATION STATEMENT ON U.S. SUPREME COURT RULING IN OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.

AUSTIN – The Texas Public Policy Foundation’s President and CEO Brooke Rollins, and its Director of the Center for Tenth Amendment Action, Thomas Lindsay, Ph.D., issued the following statements in reaction to the Supreme Court of the United States’s ruling in the Obergefell case this morning:             “With the Obergefell decision, we see the Supreme Court of the United States trespass against the principles that constitute the very foundation of United States: democratic self-governance, separation of powers, and the sovereignty of the states under the Tenth Amendment,” said Rollins. “The contention that the Fourteenth Amendment overturns the Tenth, and therefore validates a remote and imperious judiciary’s revision by fiat of the family law and social institutions of all the states, is contrary to the American system, destructive to liberty, and offensive to common sense.             "Whatever one thinks of the marriage question, this is a dangerous decision that only accelerates the accretion of power into the hands of an undemocratic elite."             “Regardless of one’s view of same-sex marriage, even a cursory examination of the 14th Amendment—which the Court relied on in this case—demonstrates that the Amendment’s sole focus was to complete the work begun by Lincoln’s Emancipation Proclamation,” said Lindsay. “The Court has failed in its fundamental obligation to the American people to interpret the Constitution honestly. It has failed to follow Lincoln’s counsel that freedom can survive only so long as we uphold ‘reverence for the Constitution.’ The Court’s reckless disregard for the Constitution and the rule of law will ultimately destroy its own authority—and with it, the system of checks and balances on which all our liberties depend.”

Ken Paxton rebukes Judicial Tyranny

"And He answered and said to them, “Have you not read that He who made them at the beginning ‘made them male and female,’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’?
Matthew 19:4-5

Following yesterday's usurpation of authority by a Travis County probate judge, Ken Paxton acted:

Attorney General Paxton Intervenes In Travis County Marriage Case; Requests Stay from Texas Supreme Court

AUSTIN – Texas Attorney General Ken Paxton today announced his office has intervened in a Travis County probate case following a judge’s declaration that Texas’ marriage law is unconstitutional. The State has sought a stay by the Texas Supreme Court and has also asked the court to overturn the judge’s ruling. General Paxton issued the following statement:

“Texas law is clear on the definition of marriage, and I will fight to protect this sacred institution and uphold the will of Texans, who voted overwhelmingly in favor of a constitutional amendment defining the union as between one man and one woman. The probate judge’s misguided ruling does not change Texas law or allow the issuance of a marriage license to anyone other than one man and one woman.”

Texas Values has more:

“We are grateful for today’s actions by Attorney General Ken Paxton who is standing up for the citizens of Texas after they clearly and constitutionally recognized marriage as being between one man and one woman. The actions of the Attorney General are imperative to eliminate any confusion concerning state law as well as ensuring the continued enforcement of Texas marriage laws. Judge Herman and those that seek to abuse their judicial responsibilities to redefine marriage must be held accountable. We must continue to send a strong message to every judge in Texas that the people of Texas expect our marriage laws and state constitution to be respected.”

Whatever your thoughts on the underlying merits of the marriage issue, probate courts do NOT have constitutional authority; kudos to Ken for recognizing this distinction.

Civil Asset Forfeiture (Legal Theft) Legislative Workshop

"Let him who stole steal no longer, but rather let him labor, working with his hands what is good, that he may have something to give him who has need."
Ephesians 4:28

Texas State Capitol -- Earlier this evening, Texans for Accountable Government held a training session to discuss Civil Asset Forfeiture, a practice where law enforcement can confiscate citizen's property without charging them with a crime (let alone a conviction).  Experts from TPPF and the ACLU spoke.  Videos are below:

Michael Searle (TAG):



Highlights:

• Police have a built in incentive to accuse (but not charge) you with a crime in order to confiscate property.

• Used extensively during prohibition but really took off with the war on drugs.

Derek Cohen (TPPF):

Highlights:

• Roots of forfeiture are in the Roman empire.

• A lot of the research that's been done doesn't have major statistical foundation.

• Under suspicion of a crime, police can seize property.

• There was watered down Federal reform in 2000.

• Obama's new A.G. calls forfeiture "an invaluable tool."

• Law enforcement and D.A.'s benefit from forfeiture.

• NO BILLS HAVE BEEN FILED that would require a conviction before forfeiture can take place.

Matt Simpson (ACLU):

Highlights:

• Two counties seized $3 million in East TX from 2006 - 08.
• Victims were exclusively Black and Hispanic.

• There probably shouldn't be work-arounds on the fourth amendment.

• It was A LOT worse five years ago.

• 2011 reforms were a good start, but there's more we can do.

• Lower income folks are more likely to have large sums of cash on them.

• Legislators will say we don't have 'civil asset forfeiture' in Texas.
• Technically, it's criminal forfeiture under a civil standard of evidence.
• That's still an excuse.

• Prosecutors and Law Enforcement will fight like heck to keep the money coming in.

Informal Discussion:

Highlights:

• Stories like these are why conservatives believe in limited government.

• In recent years, some states have attempted to expand forfeiture.

• This session, improving threshold and reporting would be major progress.

• Always go for reporting bills if you can get them; they lay the foundation for future success.

• Decriminalizing non-violent criminal offenses will create a smaller potential pot.

• Equitable sharing usurps the ability of the state to police itself by the Feds.

• If 10% of victims fought these cases, they'd no longer be profitable for law enforcement.

Police Militarization:

Highlights:

• Spending too much money on police is the root of the problem.

• No knock raids are the biggest way people get hurt.

• Body cameras have A LOT of issues.
• Might help, but VERY expensive.

• ISD's in Texas are authorized to have police departments.

• "It's not that this money is being spent on the wrong thing, it's that it shouldn't exist."

Texas and Immigration: State Solutions to a National Challenge

"Do not remove the ancient landmark,
Nor enter the fields of the fatherless;"
Proverbs 23:10

Because, yah, this isn't controversial:

Craig Estes:

• Situation in South Texas is "terrible"
• Washington D.C. created this problem and they're the only ones who can solve it.
• It's one of their enumerated powers in the Constitution.
• "The Feds owe us a half a Billion dollars (at least)."
• Border security and immigration policy are related, but they're different animals.

JoAnn Fleming:

• "The rule of law has been abandoned in the United States."
• If we continue to degrade the rule of law, we're going to end up with the same problems they have in Europe.
• DPS is just as vulnerable as Border Patrol.
• State presence helps, but it's still wide open on the border.
• Eliminate every single magnet that attracts illegals
• Including repeal of In-State tuition
• "It is time for Republicans to either put up or shut up and go home."

Alex Nowrasteh (Cato Institute):

• Current immigration mess was designed by labor unions.
• There is no green card available for a low skilled worker to come legally unless they're closely related to an American citizen.
• Three actions Texas Can Take
• Welfare Reform
• E-verify - Expensive, inefficient, and not particularly effective
• If it works, it hurts the economy; if it doesn't work, it hurts the economy.
• Guest worker visas
• You can't regulate a black market.

Paul Workman:

• Proposing "Texas Border Patrol" next session.
• Immigration will take care of itself down the line, but for now the focus is on Border Security.

Ted Cruz sets record straight

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

STC appeared with Bret Baier to clarify some of the nonsense folks have tried to spin about last weekend:



Highlights:

• Notion he helped Reid: "That's just silliness."

• The whole purpose was to force a vote on Amnesty.

• He was clear with Reid and McConnell for a week in advance.

• As a result of said vote, every D is on the record supporting amnesty.
• A dozen criticized it when it happened.

• "I believe in the primary process, I trust the grassroots."

• Compares himself in D.C. to Uber; compares legacy D.C. culture to Taxi commissions.

• "I'm not trying to play the Washington rules."