#TXLEGE: In newly competitive district, genius Texas Republicans nominate Worst Possible Candidate

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

Oh no:

A Democrat and a Republican are advancing to a runoff in a nationally targeted special election for a previously Republican-held Texas House seat.

With all vote centers reporting Tuesday night, the sole Democratic candidate, Eliz Markowitz, finished first with 39% of the vote, according to unofficial returns. Republican Gary Gates was the runner-up at 28%.

More:

Gates, who has run for a myriad of elected positions in previous elections, including railroad commissioner in 2016 and state senate in 2014, but failed to come out on top each time, was largely self-funded. He loaned himself a whopping $445,000 in the last reporting period alone.

Markowitz, the lone Democrat, garnered support from liberal special interest groups, and fellow Texas Democrats like former State Senator Wendy Davis, former presidential candidate and congressman Beto O’Rourke, and an array of sitting Texas House members.

She significantly outraised her Republican competition.

We didn't realize Gates was even running until this morning.  There's pretty much no candidate more poorly suited to a competitive environment.  Hoo boy.

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Seven Time Loser:

From last time Gates ran for office:

His record of losses is complicated. Gates first sought a seat in the Texas House. He lost. He tried again. And he lost again. He ran for the Texas Senate. And lost. Then he tried again for the Texas Senate. And lost. Along the way, he twice ran for a local school board seat. And he lost both times.

It’s tempting to label such a record as “sad.” But “pathetic” seems more appropriate.

Gates went on to lose the election in question.

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Slumlord:

Ought oh:

HOUSTON — In his run for a seat on the Texas Railroad Commission, Gary Gates has campaigned heavily on his business credentials, noting that he built a sprawling real estate company from scratch with his own sweat and dollars.

Gates, who has run for public office several times but never held it, suggests that his experience shaping and leading companies that now employ 350 people and own roughly 5,500 apartment units qualifies him to join the three-member commission that oversees the state's oil and gas production, natural gas utilities and mining operations.

....

Gates said that most of the apartment complexes he buys are considered “Class C,” typically older units that need rehabilitation and are rented out relatively cheaply.

He said he bought the Deerfield Apartments out of bankruptcy in 1987, just as his business was getting off the ground. The city of Houston later lent him $1.12 million to rehabilitate the property.

“It was in a real difficult area,” he said. “That’s kind of my specialty — buying very difficult properties.”

And that complex did present challenges.

In 2007, Houston sought to shut down the Deerfield Apartments for a year. In a lawsuit, the city alleged that his companies — APTDF and Gatesco — tolerated the rampant crime on the property. The lawsuit documented 55 offenses on the property over a two-year period, ranging from prostitution and drug offenses to sexual assault and capital murder.

“Defendants have made no reasonable attempt to abate the criminal activity at Deerfield Apartments, and should be enjoined from maintaining a common nuisance,” Houston argued.

Houston’s lawsuit followed complaints from fearful residents. At a city council meeting in August 2006, for instance, Councilman M.J. Khan discussed an email from a constituent who reported being jolted awake one morning by six rounds of automatic gunfire — and hearing more shots while police dispatchers told them they had no one to send out.

The resident said such violence had persisted for years in the neighborhood and wanted Gates to hire a security guard to patrol the area and to replace a fence that had been torn down, according to council meeting minutes.

Earlier that year, Gates’ companies faced a similar lawsuit after 9-year-old Jose Luis Briones was shot in the back and severely injured during a 2004 robbery at the Deerfield complex. Briones’ family levied similar neglect allegations and ultimately received a $3,500 settlement from Gates' company, according to court documents.

It gets better:

In the midst of his seventh run for public office – this time for the Texas Railroad Commission – new documents are coming to light showing that Houston real estate investor Gary Gates defaulted on a loan of over $1 million from Bayou City taxpayers.

On April 29, 1998, the City Council of Houston passed Ordinance No. 98-330 entering into a loan agreement with Gates’ company, APTDF, Ltd.

The loan was for $1,120,000 for rehabilitation costs in connection with Gates’ Deerfield Apartments located at 10001 Club Creek Drive. The interest rate for the taxpayer-backed loan was set seven percent annually. Gates personally guaranteed the loan.

The loan matured on November 28, 2000, but Gates defaulted.

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Full employment for (the worst) campaign consultants:

Again, from last campaign:

Campaign consultants keep taking Gary Gates to the cleaners as he desperately seeks one office after another. His reckless spending seeking Tuesday’s Texas Railroad Commission race demonstrates that even a big pile of money cannot make a bad candidate more attractive to voters.

Gates has no professional, educational or life experiences that would qualify him for a seat on the commission that has regulatory jurisdiction over the state’s oil and gas industry. As we have previously written, Gates merely wants to hold office but has been rejected in every single effort.

The Texas Tribune reports Gates spent $1.9 million in the race, which resulted in getting 28 percent of the vote.

....

Gates’ chief campaign adviser is disgraced State Rep. Jim Keffer (R-Eastland).

From Gates' most recent campaign finance report:

That's only one payment to Murphy-Nasica.  Gates had dozens more.  The only reason we didn't screenshot all of them is because this blog post has already gotten long.

Easily $250k(+) to Murphy-Naiscia.  Just one finance report.  Just one election.

Learn more about Murphy-Nasica here.

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Allegations regarding children and "the A word":

We have no specific comment about them.

We weren't there.

But only a fool would overlook them.

Learn more here.

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Old White Dude:

Obviously, you don't want to make candidate decisions based upon identity politics.  In any given election, you're looking for the best candidate.  But that's not to say it's irrelevant.

Over the past decade, a lot has been written about how Ft. Bend County is now the most demographically diverse in the country.

There's nothing inherently wrong with running an old white dude.  It does, however, bring an additional set of challenges.  That being said, when the specific old white dude has the baggage listed above...it doesn't take a genius to see where this goes.

The other two credible Republican candidates were both female and less than a zillion years old.

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Bottom Line: For any other candidate, this runoff would be a slam dunk.  But for a candidate with this much baggage...who knows?!?  Way to go.

#TXLEGE: Business as usual under Joe Straus....

"He who is often rebuked, and hardens his neck,
Will suddenly be destroyed, and that without remedy."
Proverbs 29:1

Texans for Public Justice is a very far left outfit that claims to be a public interest watchdog organization, but usually puts out politically motivated hatchet jobs on conservative members of state government.  For example, they were the original driving force behind the politically motivated prosecutions of Rick Perry and Ken Paxton.  But, much like a stopped clock being right twice a day, this recent report on the lobby activity by Straus committee chairs who left after last session is spot on:

#TXLEGE: Straus Lobby Farm Club by Cahnman on Scribd

anti-Innovation, anti-Startup, pro-incumbent Protection Racket hires Jim Keffer....

"He who walks with wise men will be wise,
But the companion of fools will be destroyed."
Proverbs 13:20

Jim Keffer is a former Straus lieutenant who retired in the face of a primary everybody knew he'd lose after the last legislative session.  He also joined a left-wing think tank last October...on national coming out day!!!  Likewise, the Texas Association of Business is an anti-innovation, anti-startup, pro-incumbent protection racket who we're made to look foolish in the Texas Senate two weeks ago.

They're made for each other:

TAB Keffer by Cahnman on Scribd

Fun Fact I: Keffer was also the bully who got busted hurling personal insults at a colleague last session.

Fun Fact II:  Jim Keffer was the original driving force behind the Texas "Ethics" Commissions's haf decade jihad against Empower Texans; speaking of Empower Texans, they have more here.

Bottom Line: Truly, they deserve each other.

Texas "Ethics" Commission admits they got WHUPPED!!!

"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

OUCH:

By a vote of 7-0, with Straus appointee Steve Wolens abstaining, the TEC dismissed its complaints against Empower Texans. The move appeared designed to remove jurisdiction from the Third Court of Appeals which was set to shut down the investigation with a legal opinion favorable to Empower Texans.

The TEC halted activities in one theatre of its war against free speech, but more still remain.

The crusade against conservatives began after complaints were filed against Empower Texans and its president, Michael Quinn Sullivan, by former State Reps. Jim Keffer (R-Eastland) and Vicki Truitt (R-Southlake). The complaints alleged the organization had morphed into an unregistered political committee by spending too much of its time speaking about legislators’ voting records.

The TEC embraced Keffer and Truitt’s convoluted legal theory and used its resources against Empower Texans, flouting the state and federal constitutions to demand that the organization turn over the identities of its donors. Empower Texans fought back, knowing that establishment lawmakers would attempt to threaten, harass, and intimidate the donors into silence.

Now Empower Texans is going on the offensive with Joe Nixon, legal counsel for Empower Texans, previewing the coming fight to hold the TEC members accountable.

Read the whole thing here.

Keffer joins liberal think tank...on "National Coming Out" day!!!

"He who walks with wise men will be wise,
But the companion of fools will be destroyed."
Proverbs 13:20

For those unaware, the "Center for Public Policy Priorities" is an irrelevant Austin-based liberal think tank.  They like to bill themselves as some sort of counterpoint to TPPF but, as we said in the previous sentence, they're irrelevant.  That being said, they made a VERY revealing announcement this afternoon:

The Center for Public Policy Priorities has added three members to its board of directors: Former Texas Secretary of State Hope Andrade, prominent health care advocate and business leader Ken Janda, and outgoing Texas Representative Jim Keffer (R-Eastland).

CPPP’s important work is made possible by the leadership of our board of directors, who volunteer their time to make Texas the best state for hard-working people and their families.

....

About Jim Keffer:
State Representative Jim Keffer (R-Eastland) is a small business owner and lifelong Texas Republican Party leader. As president of EBAA Iron Sales, Inc., Jim has been one of the largest employers in his community. Keffer has served as Chairman of the Texas House Committee on Natural Resources. He also served on the Energy Resources Committee, Redistricting Committee and Texas House Republican Caucus. A legislative leader in past sessions, Keffer has previously served as chairman of other House committees including: Ways and Means, Economic Development, and the Select Committee on Property Tax Relief. Keffer is not seeking reelection.

Obviously, we've been arguing that Jim Keffer is a liberal for some time.  Likewise, there's an impossible to miss political angle to a prominent Joe Straus lieutenant joining up with an explicitly left wing organization.  But we'll let Google explain the full significance of the timing:

The "Human Rights" Campaign has more:

Every year on National Coming Out Day, we celebrate coming out as lesbian, gay, bisexual, transgender, queer (LGBTQ) or as an ally. Today, Oct. 11, 2016, we mark the 28th anniversary of National Coming Out Day.

28 years ago, on the anniversary of the National March on Washington for Lesbian and Gay Rights, we first observed National Coming Out Day as a reminder that one of our most basic tools is the power of coming out. One out of every two Americans has someone close to them who is gay or lesbian. For transgender people, that number is only one in 10.

Coming out - whether it is as lesbian, gay, bisexual, transgender, queer or allied - STILL MATTERS.

Lulz; of all the possible days for Jim Keffer to publicly admit he's a liberal....

Bottom Line: If you ever doubted the good Lord's sense of humor, doubt no longer.

STICKLAND discusses Texas House's State of Play

"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

Interesting:



Highlights:

• "Most of our wins came before a vote was even cast."
• Keffer, Otto, Harless, et. al....

• Conservatives +1 pending runoffs.

• 7 runoffs; 6 with solid conservatives running.

• Cain, King, Biedermann, Keating, Hefner, Strahan, 

• Jonathan Boos' race -- Only 39% of voters in his race were in his data.

Takeaways From Straus' Interim Charges

"He who is often rebuked, and hardens his neck,
Will suddenly be destroyed, and that without remedy."
Proverbs 29:1

Joe Straus released a list of 243 interim charges on Wednesday morning; having finally reviewed them, some thoughts:

• Dan Patrick and Jeff Judson are living rent-free in his head:  The most important aspect of these interim charges is that they were released in the first place.  Dan Patrick released his STRONG conservative interim platform a month ago while Judson has been hammering him for weeks about his failure to act following the Planned Parenthood expose.  Clearly, Straus felt he needed to respond.

• Priorities: Straus' interim charges fall under three categories: Lobby priorities, "Wide-consensus" priorities, and Conservative priorities; in our estimation, 38% of them were lobby priorities, 51% were wide-consensus, and 11% were conservative.

• Protecting Byron Cook: State affairs received ten interim charges.  Four address conservative issues: economic collapse preparation, Planned Parenthood, illegal immigration, and union dues.  Cook has already called a hearing over illegal immigration on December 10th and we expect similar show hearings throughout campaign season.

• LOTS of action for lame duck chairmen:  Jimmie Don Aycock, John Otto, and Jim Keffer are all retiring. Nonetheless Appropriations, Public Ed. and Natural Resources got 37 combined. charges.  The overwhelming majority of those charges are bad.
• Jim Keffer getting nine interim charges related to water...what could POSSIBLY go wrong (ditto Aycock)?!?

• Appropriations, Charge 3: "Examine Texas constitutional spending limits compared to limits utilized in other states, evaluate their effectiveness in maintaining fiscal discipline, and recommend potential modifications, if needed."
• Remember what John Otto did to SB 9 last session

• Appropriations, Charge 16: "Evaluate the effectiveness of the Department of Public Safety’s use of funds appropriated during the 84th legislative session for border security operations. Examine existing data and reporting on border security metrics, and recommend improvements to ensure the availability of accurate information in considering sustaining or increasing border security funds."
• Expect a report full of cheap-labor-lobby/Democrat talking points about the 'effectiveness' of border security efforts without any mention of the Federal 'catch-and-release' program.

• Business and Industry, Charge 3: "Evaluate how Texas can support shared economy growth in the state. Determine how the state can ensure customer security and satisfaction as well as consumer protections without enacting burdensome regulations. Additionally, study the effects of a growing portion of the state's workforce seeking full-time vs. supplemental part-time employment with related technology-based businesses. Analyze recent debate and legal precedent regarding the classification of these employees."
• The fact that Straus doesn't use commonly accepted nomenclature to describe the sharing economy illustrates he doesn't understand it (which one would expect from someone who describes the economy the same way as Obama).

• Criminal Jurisprudence, Charge 3: "Examine the use of asset forfeiture in this state, including data reporting on forfeiture actions and procedures from seizure through forfeiture in both contested and uncontested cases. Make recommendations for improving these systems that balance law enforcement needs, private property rights, and government transparency."
• Expect a report full of cop-lobbyist talking points about some sort of "vital law enforcement program"

• Economic and Small Business Development, Charge 2: "Evaluate what local governments are doing to attract businesses to their communities and examine ways the state can leverage these practices and provide support. Include ways to improve local economic development programs to ensure a continued return on investment for taxpayers. In addition, study the authority, financial accountability, and types of statutorily allowed expenditures of economic development corporations. Provide analysis of 4A and 4B sales tax programs and determine if they are still meeting their intended purpose effectively."
• Taxpayer funded lobbyists and assorted rent-seekers LOVE this one!!!

• Economic and Small Business Development, Charge 8: "Examine partnerships between higher education institutions, public school districts, and workforce that promote postsecondary readiness. Provide coordination recommendations to ensure vocational, career, and technical education programs are more accessible. Determine the most effective ways to invest in these partnerships and programs to direct at-risk students to stable career paths. Examine current rules and laws limiting employers from providing meaningful internships, apprenticeships, and other opportunities. Consider new methods to finance workforce training programs and associated assets in high schools and postsecondary schools, including ways to reduce or eliminate these costs and options to incentivize businesses to invest in training equipment for schools. (Joint charge with the House Committee on Public Education)"
• This WREAKS of Common Core.

• Elections, Charge 1: "Examine the petition process for addressing local ordinances, the time necessary to prepare a petition, the collection of signatures, and the enforcement of local standards required for a petition to be valid. Make necessary recommendations to clarify the petition process to ensure accountability."
• Between the Arlington Red Light Camera ban, the Houston Bathroom ordinance, and the San Marcos fluoride ban citizens around Texas have used the petition process to thwart the schemes of insiders and rent-seekers; insiders and rent-seekers don't like that.

• Energy Resources, Charge 3: "Study current renewable energy regulations in Texas in order to more effectively balance federal, state and local regulations. Review the rights of Texas landowners who receive royalties, operating fees or monthly production payments to ensure fairness. Explore opportunities to maximize existing wind infrastructure toward the promotion of additional renewable energy development such as co-location for generation and transmission. In addition, consider policy solutions to incentivize colocation of simultaneous surface electricity and mineral energy production."
• Straus ACTUALLY did an interim charge over 'renewable energy'; we could stop there....

• Government Transparency and Operation, Charge 3: "Study issues related to access to public information held outside of the custody or control of the governmental body by current or former officers or employees. Assess whether the Public Information Act's procedures for response to repetitious or redundant public information requests adequately protect small governmental bodies from the financial burdens imposed by such requests."
• NOTHING good can come from this.

• Higher Education, Charge 3: "Study the affordability and accessibility of undergraduate college education in Texas, including a focus on middle-class students. Analyze the cost of attendance and tuition rates, comparing Texas institutions to their national peers. Review the availability and effectiveness of financial aid programs, and analyze student debt and default rates. Study and recommend ways to promote timely and cost efficient graduation."
• A source points out this charge is ingenuously worded to look like the leadership actually cares about middle class families, but is carefully littered with UT politburo buzz words.
• Define "Middle Class."
• Define "National Peers."

• Judiciary and Civil Jurisprudence, Charge 2: "Examine whether family law statutes and those affecting the parent-child relationship provide sufficient guidance to Texas judges as to the appropriate application of foreign law. Consider whether additional statutory provisions regarding application of foreign law could provide useful guidance while preserving judges' ability to consider the circumstances of each case and not needlessly prolonging litigation."
• This means American Laws for American Courts; expect a report filled with Steve Bresnen's talking points.

• Juvenile Justice and Family Issues, Change 6: "Examine the Texas Family Code’s treatment of grandparents in the parent-child relationship, including Chapters 32, 34, 153, 161, and 162 and suggest any changes that may be useful to address the growing population of grandparents and the best interests of Texas children and families."
• Given the anti-Parental Authority sentiment in the legislature, anything involving grandparents and the 'family code' makes us nervous.

• Land and Resource Management, Charge 4: "Examine current regulatory authority available to municipalities in their extraterritorial jurisdiction. Study current annexation policies in Texas. Make necessary legislative recommendations to ensure a proper balance between development, municipal regulations, and the needs of citizens in Texas."
• Normally this would make us nervous, but annexation is so TOXIC in Bexar county that something good might come of it.

• Licensing and Administrative Procedure, Charge 1: "Identify all occupations licensed by the state to determine if they are necessary for public safety and health. Determine if any criminal penalties associated with licensure are unnecessarily punitive, recommend methods to improve reciprocity with other states, and determine if a mandatory certification program could be used in lieu of mandatory licensure."
• Expect a report recommending watered-down half measures that do little to impact the relevant rent-seekers.

• Licensing and Administrative Procedure, Charge 3: "Explore the increasing incidence of powdered alcohol, its impact on underage drinking, and regulations in other states that have appropriately addressed the various impacts of the product."
• If he's bringing this one back, then Charlie Geren's getting paid.

• Natural Resources, Charge 4: "Evaluate the progress of seawater desalination projects near the Texas coast as a means of increasing water supplies and reducing strain on existing supplies, building on the work of the Joint Interim Committee to Study Water Desalination (83rd session). Examine the viability of the use of public-private partnerships and of methods by which the state might facilitate such a project."
• Todd Hunter's payday.

• Public Education, Charge 8: "Study ways to increase parental choice in education, and review the successes and failures of school choice programs in other states. Examine the benefits and costs of implementing such a program in Texas. Recommend whether an expansion of school choice in Texas is needed, and suggest ways to ensure that any school receiving public support is held accountable for its academic and financial performance."
• Expect a report full of pro-government school propaganda (esp. concerning 'rural school districts') to confuse the debate when the Senate reports.

• Transportation, Charge 2: "Examine the current framework for designating a project as a tolled road. Consider ways to reduce or eliminate the role of tolled roads in providing congestion relief given recent transportation funding measures approved by the Legislature."
• Another charge designed to confuse the issue with the Senate.

• Ways and Means, Charge 1: "Review aspects of the property tax system that contribute to rising property tax levies and taxpayer dissatisfaction. Examine whether the current system allows taxpayers meaningful participation in determining local property tax rates. Explore changes to the appraisal process that could improve the accuracy of appraisals."
• Another charge designed to confuse the issue with the Senate.

• Ways and Means, Charge 2: "Assess the impact of a repeal of the franchise tax on the state's economy and on revenue stability for state government. The assessment should include a dynamic analysis of the economic impact."
• Another charge designed to confuse the issue with the Senate.

Bottom Line: Business as usual.

The Texas House's "Pro-Life" Kabuki Theater....

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

Yesterday, Texas Right to Life released their dishonorable mention list for the 84th Texas Legislature, it covers:

Unfortunately, there were also elected officials this past legislative session who have worked against Pro-Life reforms or have promoted dangerous legislation that Texas Right to Life opposed. Even though some of these individuals may have decent voting records when Pro-Life legislation finally had public votes, these elected officials did more harm to the cause than help this year. For these legislators, Texas Right to Life has also released the 84th Session Dishonorable Mentions List.

The full list:

1. Chairman Byron Cook

2. Representative Sarah Davis

3. Chairman Charlie Geren

4. Representative Patricia Harless

5. Chairman Jim Keffer

6. Representative Eddie Lucio III

7. Representative Elliott Naishtat

8. Representative Debbie Riddle

9. Representative JD Sheffield

10. Representative Jason Villalba

11. Chairman John Zerwas

In the coming weeks, TxRTL will discuss each of these selections in detail; for now, Jason Vaughn details some of those actions from this past legislative session:

The Houston Chronicle recently ran an article entitled “[Texas]Lawmakers say they’re nearly out of ideas for abortion restrictions.”

In the article Rep. Byron Cook, Chair of the State Affairs Committee in the House, was quoted as saying “It’s becoming hard to do more things under what the Supreme Court has said is allowed,” after arguing lawmakers have done “monumental things in previous sessions.”

But have they really?

It is astonishing that Cook would say something like that after he personally caused the deaths of multiple pro-life bills last session. As chair of State Affairs he chose to have all pro-life bills come to his committee.

A total of two house bills made it out of that committee. A third Senate bill made it out, but was allowed to die due to Cook’s gutting of the Senate’s ethics bill (SB 19) which took up great amount of debate on the final day even though the Senate had guaranteed they would never get out of conference with his changes. Due to that bill, SB 575 was allowed to die. SB 575 would have made abortion coverage a supplemental insurance and kept Texans from paying for other’s abortions.

Just to get SB 575 out of committee after it had been held for several weeks Rep. Jonathan Stickland had to sign a paper agreeing to pull down other pro-life amendments and even then Cook’s committee gutted the Senate version. All this to no avail as the Calendar committee led by Rep. Todd Hunter placed it as the last major action item for the day and guaranteed it’s death.

Rep. Matt Schaefer twice asked Cook to postpone his doomed in committee “ethics” bill version and both times Cook refused to prioritize Life. Here are some other bills Cook refused to bring to a vote in his committee:

HB 1435 – This was the House version by Rep. John Smithee of SB 575 that Cook could have heard, but never did.

HB 1648 – This bill by Rep. Molly White in the House would have clarified the law that coerced abortion and pressuring a woman to get an elective abortion is a crime.

HB 113 – A bill by Rep. Allen Fletcher which would ban sex selective abortions.

HB 832 – From Rep. Matt Shaefer would have enhanced reporting abortion reporting requirements.

HB 1976 – This bill by Rep. Matt Schaefer would have banned abortions based fetal abnormality. Not only did Cook refuse to give this bill a vote, he wrote a letter encouraging House members supporting these abortions.

HB 2531 – This very strong bill by Rep. Matt Krause would have totally reformed the judicial bypass that abortion facilities use to get abortions for minors without parental consent. Krause was able to work much of this language into another bill.

HB 1901 – Another bill by Krause that would increase protection for the unborn when the mother is unconscious. While Byron Cook refused to even give this bill a hearing he did give a hearing to a bill that would weaken protection in these circumstances.

HJR 126 – This Constitutional Amendment by Rep. David Simpson would have nullified Roe v Wade and completely banned abortion in the state of Texas. It was not even given a hearing.

How can Cook say there is not much to do when he refused to even bring these bills to a vote? These are flat out lies.

 Read the Texas Right to Life article here, read Jason's article here.

A tale of two legislative assessment tools....

"Wisdom rests in the heart of him who has understanding,
But what is in the heart of fools is made known."
Proverbs 14:33

Over the past few days, we've seen the release of the 84th #TXLEGE edition of Texas Monthly's Best and Worst lists and Empower Texans' scorecard; the reactions were revealing.

Texas Monthly's heirloom rankings were essentially ignored.  While a few people (including this author) congratulated Jonathan Stickland on making the worst list, nobody else said much.  The reaction was subdued, even within Austin.

By contrast, when Empower Texans released their scorecard this morning, they were immediately attacked by a sitting government official:

Relevancy of any scorecard is what u make it.For the good of Texas keep doing ur job and majority will send u back.Truth wins out #txlege

— Jim Keffer (@RepJimKeffer) June 22, 2015

Unlike Texas Monthly's subjective intellectual solipsism, Empower Texans data-driven analysis is calculated upon dozens of record votes.  Their scorecard is a coherent picture of where the legislature stands on their issues.  It's the difference between a scout's opinion and Moneyball.

One final note on Texas Monthly's list: it was boring.  They could have picked out legislators that at least took interesting stands during the session.  Not that'd we'd agree, but where were Gio or Sarah Davis on the best list?!?  What about Don Huffines on the worst?!?  If you're looking to cure insomnia, the editors explain their picks here.

Legacy media's decline is apparent.  Lawmakers' votes are a sounder basis for analysis than a gatekeeper's whim.  One reflects truth, the other kabuki theater.  The 84th #TXLEGE saw alternative media reach a critical mass.  One measure will be forgotten by Wednesday; the other will influence voters.

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Fun Fact:

- Average Empower Texans Score TM 10 Best: 54.5
- Average Empower Texans Score TM 10 Worst: 77.1

Jim Keffer Retires: The Open Seat Conundrum

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

[Author's note: The list of House Seniority can be found here, the speaker's vote roll call can be found here.]

Jim Keffer retired this morning.  We're happy to see him go.  Keffer's departure, however, does highlight a conundrum.

Grassroots conservatives tend to do better running against incumbents than in open seats.

While it isn't a perfect correlation, among freshmen Republicans this session, those who defeated incumbents mostly supported Scott Turner; those who won open seat races OVERWHELMINGLY supported Joe Straus.

For example: Matt Rinaldi and Tony Tinderholt both defeated incumbents and voted for Turner; Mike Schofield and John Wray won open seats vacated by Straus lieutenants and voted for Straus.

It's hard to run against a lobby candidate who claims to be conservative and doesn't (yet) have a record that proves otherwise.

That being said, we also don't think the level of churn the leadership team has seen the past couple cycles is sustainable.

Bottom Line: Grassroots conservatives have to do a MUCH better job defining lobby candidates running for open seats.

Keffer uses profanity on Texas House floor

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

The degree to which some people will go to protect Joe Straus....

Pro-Life Legislators: Persecuted

“Before I formed you in the womb I knew you;
Before you were born I sanctified you;
I ordained you a prophet to the nations.”
Jeremiah 1:5

This week's update brings us big news:



Highlights:

• Reached an agreement with Drew Springer on HB 3074.
• Tan Parker helped with negotiations.

• Matt Schaefer amendment would have closed a loophole allowing abortions against disabled children.

• One allegedly pro-life representative quipped: "You're not a real man."

• If pro-life bills were making it through the regular process, it wouldn't be necessary to use amendments.

• J.D. Scheffield: Babies with disabilities must be "dealt with."

• Straus committee chairs who voted to allow the Abortion of children with disabilities:
• Jimmie Don Aycock: (512) 463-0684
• Sarah Davis: (512) 463-0389
• John Zerwas: (512) 463-0657

Keffer unintentionally makes case for new representation

"While they promise them liberty, they themselves are slaves of corruption; for by whom a person is overcome, by him also he is brought into bondage."
2 Peter 2:19

Priceless quote from Jim Keffer pretending not to care about the next election:

"With the session in full swing and with our rural representation decreasing with every census, protecting the values and economies of rural Texas demands my undivided attention," Keffer said in a statement Tuesday.

[Author's Note: Emphasis added.]

Keep in mind, Jim Keffer was first elected to the Texas House in 1996.

If a region's economy and population is "decreasing with every census," perhaps it's time to replace elected officials who have been in office for two decades.

Greg Abbott's Speech: The Good, The Bad, and the UGLY!!!

"The wicked man does deceptive work,
But he who sows righteousness will have a sure reward."
Proverbs 11:18

Texas State Capitol -- Earlier today, Governor Abbott gave his State of the State address.  It was a VERY mixed bag.  While it started out badly, it got substantially better in the second half.  Governor Abbott designated 5 emergency legislative items: Pre-K, pork for University "research," transportation, border security, and bolstering ethical standards.  Of these items, 3 are good, 1 is bad but basically harmless, and one is AWFUL.  Abbott's speech below:



Highlights:

The Good:

• School Choice - Speaks about it favorably (and more openly than Perry ever did), but doesn't make it emergency legislation.

• Transportation - Dedicate half of the motor vehicle sales tax to construction.
• THIRD EMERGENCY ITEM.
• While we would prefer to have heard about reform of TxDOT, but this was a completely reasonable proposal.

• Border Security - Expand DPS at the border; keep National Guard in place until DPS is ready.
• FOURTH EMERGENCY ITEM.
• Clear rebuke of Straus.

• "Permanently Reduce" (NOT eliminate) margins tax.

• Property Taxes -- Must be LASTING.
• Cannot rise with valuations.

• CONSTITUTIONAL SPENDING LIMIT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
• Author's Note: But will he fight for this any harder than Perry did?!?
• Assuming you hold all the R's (not a given on something like this), you still need two D's in each the House and Senate to place it on the ballot.

• Requiring state agencies to reduce "general revenue" spending by at least 3%
• Exempts Public & Higher Ed, which is 60% of the budget by itself.

• Ethics Reform -- Disclosing contracts with state agencies.
• Not letting legislators vote on bills they can personally benfit from.
• Author's Note: Lookin' at you Jim Keffer.
• Geren's carrying it.
• FIFTH EMERGENCY ITEM.

The Bad:

• Half billion for Higher Education "Research"
• SECOND EMERGENCY ITEM.
• Translation: Pork for University Administrators.

• "Supporting Community Colleges."

• More funding for "women's health programs."

The UGLY:

• Made "High-Quality Pre-K" FIRST emergency item.
• WTF?!?
• Don't even know where to begin on this one.
• No...seriously...WTF?!?

Bottom Line: For the most part, this was a solid speech from Abbott.  Good ideas outnumbered questionable ones 7 to 4 (3 to 2 among emergency items).  That being said, pre-K as AN EMERGENCY ITEM...WTF?!?

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Update: We largely concur with Jonathan Stickland....

Post by Texas Tribune.

Trapping Outsiders via "Speech Rules"

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

Fantastic new piece from Watchdog:

The insider is Joe Straus, speaker of the Texas House. The outsider is Michael Quinn Sullivan, head of the very conservative advocacy nonprofit Empower Texans.

In June the commission — several of its members are Straus appointees — fined Sullivan $10,000 for failing to register as a lobbyist. The fine followed a complaint filed against Sullivan by state Rep. Jim Keffer and former state Rep. Vicki Truitt, who were given low grades for their political performance by Empower Texans.

The commission, independent of legislative action, announced last month that henceforth, political groups like Empower Texans that spend 20 percent of their time or money on politics would have to register with the state and disclose the names of all of their donors or risk felony charges.

....

This is the essence of “dark money” regulation. It takes rules meant to keep politicians honest and applies them to ordinary citizens, forcing them to maintain and publish exhaustive reports on their activities and finances in perpetuity.

“The only reason that there’s disclosure required of candidates and officeholders is that the power of the sword rests with these guys,” Sullivan said. “What power does the Home School Coalition have? They can’t regulate anyone, they can’t tax anyone, they can’t imprison anyone. The only thing they have is the power to speak.”

....

Sullivan is among the most ferocious and visible combatants. The former lobbyist and press secretary for Ron Paul is consistently portrayed by the media as radically conservative. His assessments of Republicans who aren’t sufficiently conservative are unsparing.

In each legislative session, Empower Texans produces a scorecard, ranking lawmakers’ votes on tax, spending and regulatory issues. Since becoming speaker in a Republican palace coup six years ago, Straus and his allies have consistently ranked in the bottom half of Sullivan’s card.

At the urging of Empower Texans, the grassroots of the Republican Party have brought successful primary challenges against several Straus allies over the past few election cycles. Truitt, a vocal ally of Straus, lost her seat in 2012 to a more conservative Giovanni Capriglione.

Not long after that, Truitt joined Keffer in a complaint against Sullivan that launched an investigation by the Ethics Commission that lasted for two years.

Straus, who has beaten back challenges to his leadership with the votes of the Democratic caucus and 11 fellow Republicans who turned against the rest of their colleagues, got behind a “dark money” bill in the previous legislative session that was widely seen as tailor-made for Sullivan.

....

The Texas Ethics Commission is famously toothless and sleepy. Until recently, it had gone years without issuing so much as a subpoena.

When Keffer and Truitt, the two Straus allies, filed their complaint in April 2012, the commission roused itself. It interpreted state law to mean that any “direct communication” with a lawmaker meant to “influence” anything they might ever vote on counts as lobbying and requires registration.

And if that wasn’t broad enough, Texas campaign finance law deems any “communication supporting or opposing a candidate … on an Internet website” to be reportable political advertising, whether or not any money changes hands.

 Read the whole thing here; more here.

The Stepford Republicans

"Your prophets have seen for you
False and deceptive visions;
They have not uncovered your iniquity,
To bring back your captives,
But have envisioned for you false prophecies and delusions."
Lamentations 2:14

Groupthink - Groupthink, a term coined by social psychologist Irving Janis (1972), occurs when a group makes faulty decisions because group pressures lead to a deterioration of “mental efficiency, reality testing, and moral judgment” (p. 9). Groups affected by groupthink ignore alternatives and tend to take irrational actions that dehumanize other groups. A group is especially vulnerable to groupthink when its members are similar in background, when the group is insulated from outside opinions, and when there are no clear rules for decision making.

[Photo (l to r): Rep. James White, Rep. Dan Flynn, Rep. John Otto, Rep. Giovanni Capriglione, Rep. Jimmie Don Aycock, Rep. Jason Villalba, Rep. Charlie Geren, Rep. Jim Keffer, Rep. Lyle Larson, Rep. Byron Cook, Rep. Todd Hunter, Rep. Larry Gonzales, Rep. Drew Springer.]

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This website has never understood the psychology at the Texas Capitol.

Texas is a conservative state.  Texas voters routinely reward conservative legislators while punishing spendthrifts.  This has been going on for close to a decade.  Even when spendthrift legislators survive, they usually go down the next cycle (*).  Yet nothing changes.

One would think that if good governance wasn't sufficient cause for a new direction, naked self-interest would be.  Yet, time and again, it doesn't happen.  It's just bizarre.

Which brings us to the current race for Texas House speaker.

The reason there is such discontent with current House leadership is because of its recent output.  Last session, under current leadership, spending went up 26%.  Last session, under current leadership, meaningful school choice died (**).  Last session, under current leadership, none of this website's priorities became law.  Instead, the focus was on creating a slush fund for "water infrastructure development."

And nothing changes.

Since election night, Team Straus has released names of supporters every few days.  While, by itself, that isn't notable, the collectivized nature of it is.  As Sarah Rumpf explains:

Th[ese] statement[s] uses (sic) some nearly identical language: the Representatives declare themselves "conservative Members of the Texas House" who are "proud to support the re-election of Speaker Joe Straus," who they claim "will be decisively re-elected because he encourages members to vote in their districts' best interests and because he is a fair, principled leader."

....

The fact that individual Republican Representatives from different areas across this very large and diverse state are not just sending out letters endorsing Straus, but are using such oddly identical language in carefully timed releases, suggests that a coordinated effort is taking place. This mimicked language reminds one of the plot in the Academy Award-nominated 1962 movie "The Manchurian Candidate," in which the soldiers are all brainwashed to describe another character by saying, "Raymond Shaw is the kindest, bravest, warmest, most wonderful human being I've ever known in my life." Considering Straus' long-rumored reputation for controlling his chamber with an iron fist behind the scenes, an analogy to the movie may be even more apt.

[Author's Note: Obviously, this website prefers the Stepford Wives comparison]

This author has, in the past, joked about legislators getting brainwashed once they get to the Capitol.  Legislators ignore the will of the voters to advance the spendthrift status quo.  That's why there's a speaker's race in the first place.  Yet Texas House Republicans choose to follow status quo leadership.  This will not continue indefinitely.

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(*) Which will likely happen to Byron Cook and Jim Keffer in 2016.

(**) Watered down tripe doesn't count.

Rusty Hardin: Joe Straus' (and Bill Powers') "Bloody, Poisoned, Dwarf"

"Woe to those who call evil good, and good evil;
Who put darkness for light, and light for darkness;
Who put bitter for sweet, and sweet for bitter!"
Isaiah 5:20

Marxists follow patterns.  Their power built on lies, they must demonize the truth.  Enemies of the state must be eliminated.  What was true for Soviet Russia in 1937 applies equally to the University of Texas in 2014.  In the 'purifying' thunderstorm of Soviet 'justice' that is the Wallace Hall impeachment, Rusty Hardin is Nikolai Yezhov.

Rusty Hardin's 'report' is an astonishing, though strangely entertaining, act of chutzpah.  Using innuendo and petulance, the $157,000 (and counting) 'report' concludes that Wallace Hall is a big meanie: "Hall acted like a roving inspector general in search of a problem rather than a solution." (2)  Specifically, the 'report' charges Hall with making people work late, 'violating' irrelevant federal privacy laws, being mean to Bill Powers, and demanding basic financial accountability as grounds for impeachment.  We haven't heard a powerful, politically-connected, Texan whine this much since we were last in a room with Jim Keffer.  But at least Rusty Hardin got his 30 pieces of silver.

Hardin echoes Jim Pitts' original resolution that Hall made "numerous unreasonably burdensome, wasteful, and intrusive requests for information" (44)  Waaah!!!  The 'report' shrieks for 30 pages about Hall's supposed misdeeds.  Examples include: making people work late (49), personally visiting campus (55), meeting with the Office of the Attorney General (59), sayin' mean stuff (61), that "have negatively impacted employee morale" (79).  Sounds to us like due diligence.

Hardin's greatest slight of hand, however, concerns Hall's alleged abuse of 'confidential' information while investigating improper relationships between the UT administration and state legislators Jim Pitts and Judith Zaffirini.  At issue is an interpretation of the federal Family Educational Rights and Privacy Act (FERPA) of 1974.  In the gray area of FERPA interpretation, Hardin uses a convenient standard set by the U.S. Department that contradicts directly with the U.S. Supreme Court ruling in the 2002 Case Owasso Independent School District vs. Falvo.  The Court ruled unanimously that only an institution, not an individual, can violate FERPA, reducing Hardin's argument to legalistic sophistry.  A conservative lawyer with whom we spoke described this section as "sloppy" to the point "I would be embarrassed to put my name on it."

Of course, Wallace Hall's greatest 'transgression' is that he was mean to poor Bill Powers.  Following revelations about corruption at the UT Law School, "Hall's focus tightened on former law school dean Powers and what Hall perceived as Powers' failings." (117)   This January, following Powers' questionable testimony to the impeachment committee, "Hall sent [former U.T. Chancellor Francisco] Cigarroa a lengthy and detailed critique of President Powers's [sic] sworn testimony." (87)  He even had the nerve to follow up two weeks later!!! (88)  Clearly, Wallace Hall is worse than parents who eat their children's Halloween candy:



UT's most serious malfeasance, however, concerns the $215 million software donation scandal.  In 2007 and 2010, UT's geology department received valuable in-kind donations from a third party, which they counted towards their capital campaign using a favorable interpretation of a legal grey area.  In 2011, the Council for Advancement and Support of Education (CASE) explicitly closed the loophole.  Caught with their pants down, UT panicked (93).  Hall refused to acquiesce to the cover-up (98).  Hall was eventually proven correct (95).  Clearly, the solution is to get rid of Wallace Hall.

An old legal cliche states: "[W]hen the law is on your side, argue the law.  When the facts are on your side, argue the facts.  When neither the law nor the facts are on your side, pound the table."  Rusty Hardin's 'report' pounds...something.  It combines the precise legal analysis of Joseph Stalin with the rhetorical subtlety of Khrushchev at the United Nations.  But the University of Texas is the biggest special interest in this state, and enemies of Bill Powers and Joe Straus must be punished.  FORWARD fellow comrades!!!

History Lesson: Dan Branch and the Texas Margins Tax

The Texas Margins tax is an asinine and noxious piece of public policy, as TPPF explained in 2012:

One problematic area for Texas is the revised franchise tax or “margin tax.” Mounting evidence suggests that the four-year old margin tax, the state’s primary business tax, has harmed Texas’ economic competitiveness because of its costly and complicated nature, its imposition irrespective of an employer’s profitability, and its contribution to an overall increase in the total business tax burden. Collectively, these factors are putting downward pressure on the state’s economy and weakening its economic competitiveness among the states.

The margins tax arose in the mid-2000's when Republicans in the Texas Legislature chose to appease the last round of hostage taking from the government school lobby.

Now who, pray tell, helped write the margins tax?!?

Thaaaaaaaaaaaaaaaaaaaaaaat's right: Representative Dan Branch (along with other winners like Jim Keffer)!!!

And yes, Ken Paxton voted against it....

Sleeper U.S. House Race in Northwest Texas

Granbury, TX -- Cahnman's Musings was in town to cover the packed Texas House candidate forum between 9-term incumbent (Joe Straus lieutenant) Jim Keffer and grassroots challenger Cullen Crisp.  It's not a secret that Jim Keffer is in trouble.  The Texas House forum was similar to other events this cycle.  Crisp hit Keffer for increasing spending by 26% and Keffer made the usual excuses.  The real story, however, was the U.S. House forum that took place immediately prior.

5-term incumbent Michael Conaway is a George W. Bush crony from West Texas.  His opponent, Wade Brown, currently serves as an officer in the United States' Marine Corps reserve.  Brown is taking his second shot at Conaway, having waged an unsuccessful campaign in 2012.

Brown hit Conaway for his vote in favor of TARP in 2008 and several other atrocious pieces of legislation in the ensuing years.  Conaway made the same excuses D.C. Republicans always make.  As a point of comparison, Conaway's voting record is very similar to John Cornyn.

Brown, by contrast, offered a detailed plan to force Obama and Harry Reid to negotiate.  Brown's plan begins with across the board spending cuts to every line item of the Federal Budget and increases the political pain on Democrats from there.  In the event that Democrats refuse to negotiate, Wade Brown is willing to shut down the Federal Government indefinitely.

Brown hammered U.S. House Republicans, led by John Bohener, for their failure to stop Obama's illegal and unconstitutional war in Libya.  The Constitution and Federal law make clear that the President DOES NOT have the authority to commit American armed forces to a major conflict absent Congressional authorization.  Unfortunately, Republicans under John Bohener failed to stop Obama's war in Libya, and Benghazi was the result.

The candidates also clashed over John Bohener's "leadership" (or lack thereof).  Conaway said "Bohener's doing a good job."  Brown said Bohener "led the House the wrong way" and that "I'm not going to sacrifice my vote for the home team."

This is an interesting race.  It's not on anyone's radar screen outside the district.  Based on the crowd reaction in the packed room, however, it's obvious where the energy in this race lies.  While Brown's campaign is severely underfunded, Conaway's nervousness was palpable.  Keep an eye on CD-11 March 4th.

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We went out to lunch with some local Tea Party leaders after the forum.  We interviewed Wade Brown at lunch.  This is our interview:



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Visit Wade's website here; donate to his campaign here.