#TXLEGE: Patrick should make school choice the precondition for any marijuana bill

Note: We had originally planned to crop this photo to only
show Patrick and Phelan, but Abbott being irrelevant in the
 background is likewise apt.

"Show us Your mercy, Lord,
And grant us Your salvation."
Psalm 85:7

The biannual boomlet of "will Texas or won't Texas legalize marijuana this session?!?" has started. This time, it's accompanied by a subplot related to the budget. Allow us to cut to the chase.

Dan Patrick is still the Lieuentant Governor.

So, no. Marijuana legalization isn't happening. LOL.

That being said, if he's smart enough to take it, there's an opportuity for Patrick.

It's not a secret that Patrick has recently taken a tactical retreat on school choice. That house hasn't left him any option. But, if the house wants to try and force Dan Patrick to do something he doesn't want...well...two can play at that game.

Besides, in the extraordinarily unlikely chance the house were to agree to it, that would be a good trade.

Bottom Line: There's nothing Patrick can lose. There's potentially something he can gain. No brainer.

Abbott/Dead Armadillos: An Ongoing Series (Part 5 - School Reopenings)

"So then, because you are lukewarm, and neither cold nor hot, I will vomit you out of My mouth."
Revelation 3:16

Greg Abbott's education commissioner, last Friday:

"[A] blanket order closing schools does not constitute a legally issued closure order for purposes of funding solely remote instruction for an indefinite period of time."

Greg Abbott today:

[S]chools “have until November” to open up for in-person education, Abbott said.

For all of the convoluted lawyer talk, in plain English Abbott did something between flip flopping and caving.

Honestly, at this point, it's not even about Abbott's policy (does he really have one?!?). It's about the fact that he doesn't stick with anything longer than three days. It's indecisive and weak.

We will confess to mixed feelings on this particular topic. Thus, we could potentially be convinced that either end of this spectrum is correct. But we can't endorse this lukewarm muddle.

As we wrote in April:

Abbott's already pissed off the stay-home-forever crowd. Now, he's pissing of a not-insignificant part of his base. He's creating a rather difficult needle to thread for himself.

Subsitute the current reopening schools discussion for April's discussion of lockdowns, and the same dynamic remains at play.

Bottom Line: Half measures mean that you get all of the political pain with none of the public policy benefit.  That's why you should generally avoid them.  Yet here we are.

#TXLEGE: Chapter 313 should be the FIRST Thing To Go

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

Interesting thought from Empower Texans this morning:

 

This is actually a really interesting proposal.  Because schools are still going to be clamoring for more money.  But nobody's going to want to raise taxes on individuals or homeowners.

The truth is that Chapter 313  carve outs don't serve any economic purpose.  They simply reward the people who hire the best lobbyists.  Bonus point: Eliminating chapter 313 would also make the school finance system more efficient over the long term.

Furthermore, it's absolutely true that there's widespread agreement between the left and the right on this subject.  We actually first learned about Chapter 313 from the Texas Observer.  UT professor Nathan Jensen has also done some fantastic work on the subject.

Chapter 313 is a subject that basically lines up all of the honest people across the political spectrum vs. all of the dishonest ones (aka. the overwhelming majority of legislators).

Bottom Line: Even in good times, special interest carve outs are bad policy...but in the coming crunch, there really isn't any excuse.

TPPF's "Recovery Agenda" Good Place to Start

"But those who wait on the Lord
Shall renew their strength;
They shall mount up with wings like eagles,
They shall run and not be weary,
They shall walk and not faint."
Isaiah 40:31

All of this please:

Recovery Agenda 1 by Cahnman on Scribd

Additional thoughts:

• The federal stuff might be complicated, but there's no good reason for the state stuff to not happen.

• There's a pretty good case to make for completely abolishing the FDA, although dramatically streamlining it might be a more realistic proposal.

• "Eliminate regulations not necessary for public health and safety" = 90%(+) of all regulations.

• Across all levels of government, MASSIVE, unprecedented, deregulation is the only way we'll be able to generate the levels of growth we'll need to climb out of this fiscal mess.

• We're surprised efficiency audits weren't included on this list, because identifying pure waste ought to be step one for climbing out of this fiscal hole.

• We're not sure why "Expanding Telemedicine" falls under the Texas legislature section, because it's our understanding that the primary obstacles are federal.

• "Scope of practice" (ie. Allowing nurses to perform tasks traditionally performed by so-called 'licensed physicians') reform, if not outright abolition, should also be on this list.

• Texas has had applications for Medicaid waivers pending since Dubya's final year in office.

Bottom Line: Most of this should have been done decades ago, but since that didn't happen, no time like the present.

#TXLEGE: Lt. Dan Thinks You've Forgotten History

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

Shot:

[Note: Due to formatting issues, we can't provide a link, but this was an e-mailed press release from the Lt. Governor's office yesterday afternoon.]

Chaser:

Some of the least-qualified graduates of the University of Texas School of Law in recent years have high-level connections in the Legislature, which may explain how they got into the prestigious law school in the first place.

A months-long Watchdog.org analysis of political influence on the admissions process at UT Law found there’s some truth, after all, to the old line about who you know mattering more than what you know. We found dozens of Longhorns who don’t know enough to be lawyers but know somebody important in the Legislature.

Two of those mediocre students are legislators themselves.

Some have connections to the leadership circle of House Speaker Joe Straus, others to powerful state Sen. Judith Zaffirini, who’s already been caught three times trying to pull end runs around the admissions process.

....

At least 12 of the students have roots in Laredo, home of state Sen. Judith Zaffirini, who is known to have pulled strings on behalf of other applicants. As Laredo has just 2 percent of the state’s population, it’s highly over represented in this sample.

....

Of the nearly 2,700 UT Law students to take the exam since 2006, only 29 have failed it three times or more. Thirteen made our list for closer inspection, and seven of those have ties to Laredo.

Among the 13 are Carlos Manuel Zaffirini Jr., the state senator’s only son, and Jeffrey Carona, the son of Republican state Sen. John Carona. Sen. Carona has donated some $31,043 to Zaffirini’s campaign in recent years, in addition to undisclosed sums his company paid her as a “communications consultant.”

....

Among the Laredo-connected bar failures are two brothers whose father is a top city health official who has worked with Zaffirini on state-funded projects. Another needed six tries to pass the bar and another passed on his fifth try.

Since this last graduate’s family has donated more than $52,000 during the years to Zaffirini, we asked the senator’s office whether the senator’s law school support was mercenary or a matter of family connections.

Zaffirini spokesman Will Krueger emailed us on March 7 to say the man’s “family and the senator’s family have been friends for at least three generations — on both his mother’s side of the family and his father’s side.”

Sounds like a great candidate for the higher ed. committee.

Eyeroll.

Bonus: To fully understand how far Patrick's fallen, see here.

Bottom Line: Scandal?!?  What scandal?!?  Lt. Dan don't see no scandal.  Besides, that was sooo five years ago.

#TXLEGE: Whitmire's "Audit TRS" proposal LONG overdue

"Shepherd the flock of God which is among you, serving as overseers, not by compulsion but willingly, not for dishonest gain but eagerly;"
1 Peter 5:2

Wasn't expecting this:

A state senator on Thursday has called for an audit into real estate investments and partnerships involving the Teacher Retirement System of Texas after revelations its officials had signed off on renting space at an office skyscraper at a minimum monthly rate of $326,000.

With a completion date of March 2021, the 36-story office tower at 200 West 6th St. is pricey even by the standards of downtown Austin that has seen soaring rent costs amid brisk municipal growth. Teacher Retirement System of Texas officials had cited space constraints at its current 816 Congress Ave. location, as KXAN reported. Backlash partially fueled by media scrutiny from the Austin American-Statesman and others over the lavish rent space prompted officials to reverse course and look into expanding its existing space instead.

But the repercussions of having even considered signing a lease have seemingly just begun given a request for an audit by State Sen. John Whitmire (D-Houston), the longest-serving current member of the Texas State Senate who has represented District 14 since 1983.

[Note: We're not going to blockquote it in full, but we do recommend reading the whole linked article.]

Some thoughts:

• Even without the current scandal, this should be done every 3 to 7 years as part of routine fund maintenance.

• Considering that the fund has a $46 Billion unfunded liability, this can only help put it on more solid footing.

• Whitmire's proposal comes on the heels of Paul Bettencourt's the other day.  It certainly appears that the Senate is serious about addressing this issue (or that they're at least better at creating that impression).  This stands in marked contrast to the caterwauling phoniness we've seen from the house.

• Any serious audit really ought to take into consideration all of the other prime real estate in Downtown Austin owned by the fund.

Bottom Line: It's a shame that it took a scandal for this discussion to occur, but this should absolutely happen.

#TXLEGE: Bettencourt calls Legislators' Bluff re: TRS

"Because of the transgression of a land, many are its princes;
But by a man of understanding and knowledge
Right will be prolonged."
Proverbs 28:2

A couple weeks ago, we wrote a commentary for Texas Scorecard about the TRS scandal.  We still recommend reading the whole thing.  But the TL,DR version is that legislators who were howling in alleged outrage were a bunch of liars who've never lifted a finger to prevent this sort of scandal in the first place.

Now, however, it looks like they'll have an opportunity to put our money lobbyists' money their money where their mouth currently resides:

Discussing recent @TRSofTexas office space decisions in Senate Finance Committee. Unfortunately right now we have a system where questions are asked but the public cannot get answers. That must change and I will file legislation to fix in the next #txlege.

— Team Bettencourt (@TeamBettencourt) February 25, 2020

Good for Paul Bettencourt. Somebody has to step up. Not surprising that it's him.

Unfortunately, wish Bettencourt luck...cuz' he's gonna need it.

We can pretty much guarantee one of two things will happen:

• A bill passes the Senate to die in the house.

• The bill gets gutted in the house and is basically toothless in the end.

But the odds of a strong bill surviving the legislative process are basically zero.

Still, kudos to Bettencourt for forcing the issue at all.

Bottom Line: It's LONG past time for legislators to put up or shut up on this topic.

TRS Caves

"Alas, sinful nation,
A people laden with iniquity,
A brood of evildoers,
Children who are corrupters!
They have forsaken the Lord,
They have provoked to anger
The Holy One of Israel,
They have turned away backward."
Isaiah 1:4

From Texas Scorecared:

In a win for teachers and taxpayers, the Teacher Retirement System of the Texas Board of Trustees has voted against following through on a planned move into Indeed Tower.

Established in 1937, TRS provides retirement and related benefits for more than 1.6 million Texas teachers, college professors, and other educational employees. It is supported by the State of Texas and manages a $150 billion trust fund established to finance member benefits. TRS is the largest public retirement system in Texas and is the sixth-largest public pension fund in the U.S.

First reported by Austin’s KXAN last month, TRS had signed a 10-year lease for three floors of office space at the Indeed Tower, a highly sought-after location for companies seeking extravagant downtown accommodations in close proximity to the city’s bar district.

The cost for the space? A jaw-dropping $326,000 a month.

Or, as one retired teacher who taught for 31 years in Texas public schools told Texas Scorecard, the costs of more than 135 retirees a month.

Bottom Line: This is a good start; now make them sell all that prime Downtown Austin real estate.

#TXLEGE: "Behind the Scenes" in the Legislature

"And have no fellowship with the unfruitful works of darkness, but rather expose them."
Ephesians 5:11

Nothing quite like an former officeholder who's now unshackled.

Don Huffines has been speaking about the reality of his experience in the legislature for some time.  He gave similar remarks at Empower Texans gala in December.  His recent appearance at the True Texas Project is, at least to our knowledge, the first time it's been recorded.



Highlights:

• Decided to run for office because the incumbent (John Carona) became a liberal over his time in office.

• Abolished an obscure quasi-educational agency: "A rats nest of crooks."
• "We uncovered the biggest political corruption scandal in the history of the state of Texas."
• "We discovered these people were stealing a lot of money."
• "Over 3000 employees."
• At least 5 employees are currently in prison, with more potentially coming soon.

• "I didn't get a lot of help in Austin."
• "I didn't get any support of the Governor."
• "I got nothing but opposition from the speaker of the house."
• The Lt. Governor wasn't particularly helpful, but didn't actively work against him either.

• First Republican caucus meeting:
• Took the party platform with him.
• Wanted a vote on Constitutional Carry so that voters could hold Senators accountable.
• 3 Senators left..."it was VERY awkward."
• The next morning, he was told to apologize to the other Senators.
• Republican Senators are willing to be held accountable to the media and lobbyists, but not their own voters.

• "I don't know if you know this or not, but they don't like you...As a matter of fact, they hate you."

• "They belittle you, they laugh at you...they ridicule our state party platform."

• "Have you ever seen our Governor talk about our state party platform?!?"
• Likewise the other statewides.

• "They don't believe in what you want."

• "We have never not had a purple session."

• "Democrats ran this state for 125 years, for the past 20 years you've had Democrat party switchers running it."
• Note: This point CANNOT possibly be emphasized enough.  The only difference today is that all the local Good Ol' Boys run in the R primary instead of the D.  Texas has NEVER been a conservative state.  It's been a deeply corrupt, crony "capitalist" state for 150 years.

• "We've never had a conservative session."

• "If we wanted a secure border, that border would be secure."

• "Did you hear a whisper on education freedom?!?"

• Election integrity: "We know we're being cheated.  We know dead people vote."
• We know thousands of non-citizens are voting, could be significantly higher.
• Abbott was Attorney General for 12 years and never did anything about voter fraud.
• Paxton hasn't been much better.
• "When I lost my election in '18, there was evidence presented to me that we might have a problem."
• The biggest issue is software manipulation: "If they can program a computer to count the votes, they can program a computer to change the votes."
• Yet it was the GOP who killed the election integrity bill.
• His attorney quit because he didn't want to be on the outs with the Governor.

• Socialism: "The Democrats want to get there today, the Republicans want to get there next week."

Trib Poll Continues to find that Voters are Incoherent Dimwits

"A fool has no delight in understanding,
But in expressing his own heart."
Proverbs 18:2

For crying out loud:

Texas voters still think that property taxes are too high and that the state spends too little on public education, according to the latest University of Texas/Texas Tribune Poll.

Taxes too high...but spending too low.  Got it.  SMDH.

If you're wondering why things are the way that they are in politics, this is a pretty good place to start.

For as much as you can make any number of criticisms about how state government operates, the truth is that legislators are often responding rationally to the incentives they face.

Cuz legislators get a lot more polling on this subject that we do.

Bottom Line: This is why elected officials tend to find debt to be the path of least resistance.  That doesn't make it good.  Or right.  But it is an explanation.

#TXLEGE: Maybe, just maybe, Jim Murphy isn't the best choice

"No one can serve two masters; for either he will hate the one and love the other, or else he will be loyal to the one and despise the other. You cannot serve God and mammon."
Matthew 6:24

We discussed the mess related to teacher retirement fund renting luxury office space a couple weeks ago.

The legislature is OUTRAGED!!!

(Outraged, they tell ya.)

So outraged they put someone in charge:



LOL, of course.

For those who don't remember, Jim Murphy is this guy:

HOUSTON – It appears that state Rep. Jim Murphy likes taxpayer-funded hats. Channel 2 Investigates identified him wearing a couple of them. One is for the 133rd District on Houston's west side, and the other remains unclear. 

Employment contracts between Murphy and the Westchase District, a governmental agency and political subdivision of the state, show Murphy banking a fixed monthly fee of over $26,000 a month. That is a whopping $312,000 a year. The contract also lists him as a "consultant" even though the website for the Westchase District clearly says he's the general manager. 

So what is the problem? 

State law says, "No member of the Legislature may hold any other office or position of profit, except as a notary public." 

In other words, a legislator cannot hold another taxpayer-funded job. 

Murphy is a five-time state representative.

[Note: We can't post the original TV report due to formatting issues, but we strongly recommend you click through the link above and watch the full report (approx. 5 minutes).]

Bottom Line: Foxes, henhouses, and all that.

#TXLEGE: MoAr MoNeY FoR ReTiReD TeAcHeRS (TM)

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

Of course they did:

AUSTIN (KXAN) — A public records request to the Teacher Retirement System of Texas has revealed that the agency will spend at least $326,000 a month in rent for office space in the Indeed Tower.

TRS signed a 10-year lease for three floors of office space at the Indeed Tower, which is scheduled to be completed in 2021, on Sixth Street.

TRS Executive Director Brian Guthrie told KXAN in a prepared statement that because the agency committed early to the Indeed Tower, “we were able to stabilize the rent and negotiate favorable per-construction rates for the 100,000 square feet.”

Even though we've (apparently) never discussed it publicly, we've been thinking about this issue for years.  Because the funds have a $46 Billion shortfall.  The money simply doesn't exist to plug a hole that big.

But TRS has a lot of office space on prime real estate in downtown Austin.  Office space that ought to be the first place you look when making the funds whole.  This latest revelation just strengthens the case.

Bottom Line: There's no reason they can't use office space in a less expensive location.  Better yet, fire all their human employees.  AI can't do a worse job than the humans currently running the funds.

"Innovative Teachers" launch COMPETITOR to incumbent (ie. leftist) Teacher Unions

"Let each of you look out not only for his own interests, but also for the interests of others."
Phillipians 2:4

Via the Hayride:

Teaching, as anyone knows, can be a taxing job, especially in public school environments. Just this year nationally, the number of teachers leaving the profession after just one year has reached an all-time high.

Even in a conservative state such as Texas, the bureaucratic hurdles, required paperwork, a focus on high-stakes test scores, and disciplinary restrictions make it increasingly difficult. Simply removing a disruptive student is now against the rules in many public school districts — the polar opposite from the days of wooden paddles or sitting in the corner.

Comparatively low salaries for the level of work they do have turned many teachers to the “gig economy” to supplement their pay. Union-led efforts to address this has resulted in higher paychecks for edu-crats and administrators, and an expansion of the public education system infrastructure. And that’s not to mention a combative stance toward school choice. The once-sacrosanct summer vacation becomes shorter and the work days become longer.

....

The new organization seeks to provide an alternative to the multiple teachers unions present in Texas. The strategy, while to provide an objective voice for Texas teachers, would naturally stand by conservatives and Christians who often feel that they are being suppressed by the public ed system.

....

[T]hey will need 5,000 members to begin an adequate insurance pool. The existing teachers unions in Texas provide insurance for teachers who find themselves on the wrong end of the administration and lose their jobs — the insurance will keep them afloat while they pursue various appeals.

This is fantastic.

The cynical among us, led by this author, often look at so-called 'professional organizations' with a jaundiced eye.  They frequently become pro-status quo political actors.  In practice, this often translates into leftism.

But that's not to say professional organizations have no place.  As this example illustrates, teachers still need to buy insurance.  If someone new can provide better value, minus the wretched politics, so much the better.

Bottom Line:  Someone should have done this decades ago.  Unfortunately, they didn't.  You've gotta start somewhere.

#TXLEGE: Bettencourt LEADS charge to rescue children from Houston ISD

"But whoever causes one of these little ones who believe in Me [a]to stumble, it would be better for him if a millstone were hung around his neck, and he were thrown into the sea."
Mark 9:24

It's about time:

The chronic low scores at HISD's Wheatley High School leave the Texas Education Commissioner with no choice under state law but to close the campus or overturn an election, kick out the entire Houston school board and appoint a new one.

According to state education leaders who spoke with 13 Investigates, that takeover now seems increasingly likely.

State Sen. Paul Bettencourt, a Republican from Houston and member of the State Senate Education Committee, told ABC13, "I've never had any criticism for the interim superintendent (Dr. Grenita Lathan) and will not, because she's not the problem. The problem is the board of trustees and everybody out there knows it, and that's what needs to be replaced."

....

It could be late fall before the official decision comes down. State accountability ratings aren't finalized until November, but HISD does not appear to be fighting the accountability ratings.

We wrote a longer piece about this situation back in January; TL,DR version:

1. It's the morally right thing to do.
   
2. If the GOP follows through then, over time, there **MIGHT** be political benefit (at a minimum, it's better than doing nothing).

Bottom Line:There are few failures of big government more blatant than urban school districts. Children being maleducated deserve an alternative to the entitled, spendaholic, bureaucracy. Kudos to Senator Bettencourt.

#TXLEGE: HD 135 candidates a TEXTBOOK example of why the Texas GOP is losing

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

HD-135 is a historically Republican district in Northwest Harris County that (barely) flipped blue in 2018.

The Texan has a write up of the candidates currently running for the Republican nomination.

-------

Meet Justin Ray:

Republican candidate Justin Ray, was elected to the Jersey Village City Council in 2012, and in 2015 was elected as the youngest Mayor in city history. A life-long resident of Jersey Village, the only city in the district, Ray says he’s watched the area evolve from “suburban to urban-suburban.”

When asked by The Texan what he thought was needed for the GOP to reclaim HD 135, Ray emphasized appropriate messaging and hard work.

“We must articulate a Republican message that resonates with our 2020 voters, including younger voters and suburban moms.” Ray added that a priority issue for his campaign would be support for public education, which he says is the number one issue for families in his district. “I am uniquely situated to understand what voters and families in the area want.”

....

Ray has been cultivating support from other elected officials in the area, and the host committee for a recent Justin Ray fundraiser included trustees from both Cypress-Fairbanks ISD and the Harris County Board of Education, as well as Jersey Village city council members and the city’s current mayor.

[Note: Emphasis added.]

Justin Ray is a standard educrat candidate.  He'll be a mouthpiece for the Cy-Fair ISD bureaucracy.  His campaign website is short on specifics beyond throwing money at public education.

Fun facts about Cy-Fair ISD:

• Superintendent Salary -- "Superintendent John Henry of the Cypress-Fairbanks Independent School District took home the largest paycheck in Texas with his base salary of $406,484, according to 2017-2018 salary data from the Texas Education Agency.

• Total Debt Outstanding --  $2,419,435,000 [Note: That's over $2 BILLION]

• Debt Outstanding per student -- $21,062.

• Debt approved, not yet issued -- $1,762,000,000. [Note: That's almost another $2 BILLION]

Cy-Fair ISD is about to have $4 Billion in debt outstanding...and Justin Ray is running to be their man in Austin.

As for the so-called "Harris County Board of Education": It's a superfluous layer of government that should have been abolished decades ago.

Even with all that, however, Justin Ray might still be the less bad candidate in this race.

-------

Meet the other candidate:

Young Conservatives of Texas Denounce Mark McCaig

Austin, TX—Young Conservatives of Texas (YCT) today denounced the activities of former YCT member Mark McCaig and demanded that he stop using the organization’s name to attack conservative candidates. McCaig, who recently joined the personal injury law firm of ultra-liberal Democrat super funder Steve Mostyn, has launched a deceptively named–PAC called Conservative Voters of Texas and is using the PAC and his credentials as a former member of YCT to attack conservative members of the Legislature.

“Mark McCaig has sold his conservative credentials to the highest bidder—in this case liberal Democrat Steve Mostyn,” said Jeff Morris, YCT State Chairman. “No true conservative would work for the man who spent $10 million last election cycle working to defeat conservative candidates across Texas and who has hosted fundraisers with Barack Obama and Nancy Pelosi in his own home. We are outraged by McCaig’s deception and his continued use of his past membership in YCT membership to bolster his attacks on conservative legislators. We will make sure that conservative voters are informed of his efforts to deceive them.”

Mostyn, the past President of the Texas Trial Lawyers Association, spent millions against Gov. Rick Perry in the last election cycle and has donated a million dollars to Harris County Democrats. Mostyn is also the largest funder of Texans for Insurance Reform, a trial lawyer front group that opposes conservative candidates.

“Mark McCaig may claim to be a conservative and may have once been a YCT member years ago, but his conservative credentials dissolved the minute he sold out to his new boss,” said Tony McDonald, YCT Senior Vice Chairman. “Conservative voters should not be fooled by his rhetoric about ‘conservative principles.’ He is, and always has been, only concerned with reversing the conservative lawsuit reforms passed by Republicans over the last decade.”

 You can learn more about Mark McCaig here, here, and here.

McCaig's now calling himself the principled conservative in the race, a declaration that's laughable to anyone whose memory extends past five years.

-------

Bottom Line: That the primary for one of the most winnable Texas house races anywhere in the state features an educrat mouthpiece running against a trial lawyer mouthpiece tells you everything you need to know about the status of the so-called "conservative" party.

#TXLEGE: One interesting, modestly positive, note deeper in the budget

"Wealth gained by dishonesty will be diminished,
But he who gathers by labor will increase."
Proverbs 13:11

From the Trib story on Abbott signing the budget:

Other portions of the budget didn’t see as much growth. The $84 billion for health and human services programs is up just 1% from the last two-year cycle, and Medicaid, the federal-state health insurance program for the poor and disabled, is facing a $900 million cut.

[Note: Emphasis added.]

Hmm....

What's interesting about this is, for as much of an insaneo spending spree as they went on over education, there was no equivalent on health care.

From a macroeconomic perspective, if the state were to get serious about health care and Medicaid costs, conceivably we could absorb a rather large increase in education spending.  That's not to say that the other problems in the system would go away.  But it is to say the impact on economic growth could be contained.

Of course, all of this would require several years to play out.

Bottom Line: Probably won't amount to much, but it is a situation worth keeping an eye on....

#TXLEGE: Larry Taylor's quiet revolution (Version 2.1) makes it across finish line

"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."
Galatians 6:9

[Note: You can see our original piece "Larry Taylor's quiet revolution" piece from last session (aka. Version 1.0) here; you can see our piece from three weeks ago "Larry Taylor's quiet revolution (Version 2.0)" here.]

Over the past several days, we've been discussing the final version of the school finance bill with those we trust.  The type of unintended consequences we most feared seem...unlikely.  That being said, we stand by what we said Saturday:

#TXLEGE: I have no specific objection to these bills, but I still think it's scuzzy y'all are voting on them without having read them.... https://t.co/rnPDXKHPvz

— cahnman (@cahnman) May 25, 2019

[Note: A 72 hour "reading period" for the final version of any school finance bill is something we originally called for two years ago.]

Even with all that, however, for two years we've had two non-negotiable demands on any school finance bill:

• Meaningful tax relief (aka. compression)

• Whatever new spending does occur needs to go to the classroom, not the bureaucracy.

Given that criteria, it's hard to see the final version of the bill as anything other than a net win.

But that wasn't originally supposed to be...

...and the only reason that result emerged is because the Texas Senate, whatever their (many) other flaws this session, held firm.

-------

Tax Stuff:

The original version of HB 3 provided miniscule tax relief.  The version of HB 3 that passed the Senate contained a meaningful amount.  The final version of HB 3 actually contains slightly more tax relief than the Senate version (through a different mechanism).

The only reason that happened is because Larry Taylor stared down Dan Huberty in that conference committee...and Dan Huberty blinked.

Period.  End of Story.

But here's where the final version of the bill is truly revolutionary: It creates a long-term mechanism for ongoing tax compression without creating an equivalent mechanism for new spending.

The practical meaning is that, in future legislative sessions, the default "do nothing" position will be further tax compression.  If the legislature wants to spend, it will now require an affirmative act.  Some sessions, they might do that, but they ain't gonna do that every session.

Over the medium to long term, the new funding formulas are going shift power from educrats to taxpayers.

And that's quietly revolutionary.

--------

Teacher Pay Raises:

We've said our piece on this topic.  We're not really crazy about the concept.  But we've seen worse.  It's a middle of the pack idea.

Middle of the pack > bad.

Given that they legislature seemed determined to spend Billions on "education" this session...this was about the most bland, inoffensive, way they could have done it.

Furthermore, within the context of the current system, over time this shifts power from educats to teachers.

The original version of HB 3, however, was a blank check for bureaucrats.  Dan Huberty wanted to spend astronomical amounts on all school district employees, not just teachers.  Had that version passed, we would have never recovered from the perverse incentives.

Bland & inoffensive > never would have recovered.

The long-term implications from this power shift within the ISD's remains to be seen, but they could be significant.

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Bottom Line: If you're a taxpayer or a teacher, you like this bill.  If you're a bureaucrat, you don't.  It'll be very interesting to see how this plays over time....

Every TAXPAYER in the state of Texas is now PAYING Art Briles

"Whoever is a partner with a thief hates his own life;
He swears to tell the truth, but reveals nothing."
Proverbs 29:24

Since they did it as a Friday Evening Holiday Evening document dump, you might not have heard:

On a Friday evening news dump just before the start of a holiday weekend, the Mt. Vernon Independent School district announced that it had hired ex-Baylor coach Art Briles to lead the Texas high school’s football team. Superintendent Jason McCullough said during a Facebook live session that the school board approved the hiring in a 7-0 vote.

....

This hire comes nearly three years after Baylor fired Briles after an investigation found that the school had seriously mishandled allegations of sexual misconduct and violence against players on the football team. The Pepper Hamilton firm’s investigation found that 19 football players had sexually assaulted at least 17 women during Briles’ tenure with the team. One lawsuit against the program alleged that as many as 52 rapes occurred in that same span.

The press release that Mt. Vernon used to announce the hire unsurprisingly does not mention any of this in the slightest—the closest it comes to even mildly acknowledging some past issues is when it brings up the district’s Title IX coordinator—and it spits in the face of any allegations of misconduct with a collection of tone-deaf tidbits.

....

The implications of this hire won’t be lost on anyone with even a minimal understanding of Baylor’s scandal. Bringing in Briles is clear proof that Mt. Vernon High School values winning football games over understanding the feelings and voices of sexual assault and rape survivors, especially those who attend that school. But it also shows that the powers behind this misogynistic decision are shriveling cowards because they tried to hide it in a Friday news dump. If the school had only taken the time it spent figuring out the best way to smuggle this news past the long weekend and instead used it to look up any number of coaches that did not oversee a program with widespread issues of sexual assault, they might not be in this mess.

This website's feelings about Art Briles are well known. They haven't changed.  There's a lot we could say, but we concur with Wescott Eberts:

Briles, for his part, also failed to publicly address the key concerns, just as he’s consistently failed at every turn to take accountability for his actions or express remorse about everything that happened. He remains completely unrepentant — apologizing for his mistakes should be the baseline, the absolute baseline, for getting a second chance anywhere in public life.

Read Wescott's whole piece here.

It's gets "better."

It's not just that Art Briles is back coaching football.  It's not even just that Art Briles is back coaching football despite having never accepted responsibility.  It that Art Briles is back coaching football despite having never accepted responsibility...and we're paying for it!!!

Say what you will about Baylor, but they are a private institution.  As such, they have a certain 'institutional autonomy' to make bad decisions.  Likewise, the Hamilton Tiger Cats (the Canadian team that tried to hire Briles in 2017).

But ISD's in Texas are public!!!  As in funded by taxpayers!!!  As in YOU!!!

Have you paid sales taxes in Texas in the past year?!?

Congratulations!!!

You're now paying Art Briles.

Bottom Line: For taxpayers to foot the bill for this wretched situation is yet another condemnable detail....

#TXLEGE: Honestly...do YOU trust these people?!?

"He who goes about as a talebearer reveals secrets;
Therefore do not associate with one who flatters with his lips."
Proverbs 20:19

Obviously, the big three held their press conference this afternoon:



On the surface, this looks...kinda...ok.  The rollback rate changes are certainly good.  The tax compression falls within the range of "good enough."

But one comment from Governor Abbott lingers.  Towards the end of the press conference, he said the school finance bill would be "several hundred pages."  Do you trust a school finance bill that's "several hundred pages" released three days before sine die?!?

'Cause this website sure as...heck...doesn't.

Which is a shame.  Because there's a case that this package represents modest progress.  But each of those "several hundred pages" potentially contains toxic seeds.

Bottom Line:  The package announced this afternoon might improve upon the status quo.  It might be everything that they're claiming.  But when people with no credibility drop "several hundred page" bills three days before sine die it...warrants skepticism.

#TXLEGE: Larry Taylor's Quiet Revolution; Version 2.0

"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

[Note: You can read our original piece "Larry Taylor's quiet revolution" from last session here.]

He did it again!!!

Last session, the house passed a terrible 'school finance' bill, which the Senate altered in ways that would have produced some pretty cool long-term outcomes.

This session, to this point, it looked like the only difference was that the house wanted to spend six times as much.

Then something interesting happened in the Senate:

The Texas Senate approved a bill Monday to massively overhaul public school finance, but it did so while backing away from a proposal to use an increased sales tax to lower school district property taxes.

....

The bill no longer includes an expansion in the homestead exemption from school district taxes. It lowers property tax rates by 10 cents per $100 valuation, instead of 15 cents, saving the owner of a $250,000 home $250 instead of $375.

...

Instead, the bill creates a Tax Reduction and Excellence in Education Fund to fund school district tax relief. State Sen. Kirk Watson, D-Austin, said a working group came up with a plan to get $3 billion from several sources, including the severance tax on oil and gas extraction and an online sales tax.

"This does not increase any taxes of any kind,” he said.

[Note: Emphasis added.]

There's a lot to like in this approach.

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10-cent Rate Compression:

This is real, meaningful, tangible tax relief.

It's not everything we want.  It's not everything we need.  But it's a start.

And it's an offer that should be accepted while its on the table.

We can do another 10 cents next session.

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Severance Tax:

The Senate might have set out to solve school finance...but they may have just, unintentionally, solved the Rainy Day Fund.

In Texas, the "Rainy Day Fund" (formally called the economic stabilization fund), is funded through Oil and Gas severance taxes.  When the energy industry does well (*), it begets windfall levels of revenue for state government.  Windfall revenues inevitably creates temptation to spend.

It's why, during every session in recent memory, there's been serious pressure to raid the rainy day fund.

A politician who is tempted to spend...will eventually spend.

It's human nature.

By dedicating severance taxes to property tax buydowns, you change the entire incentive structure surrounding the rainy day fund.

Once again, this is an offer that should be accepted while it's on the table.

* -- Which, as long as the fracking boom is allowed to continue, means essentially forever moving forward.

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Bottom Line: A 10-cent rate compression alongside macroeconomic reforms to the severance tax is a pretty dadgum good place to start....