#TXLEGE: Bettencourt Talks Sense

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

It's about time:

PRESS RELEASE: Senator Bettencourt Says Harris County & Houston Do Not Need Sweeping Shut Down Order Today That Damages Economy…Especially Small & Mid-Size Businesses. #TXLEGE @TheTexanNews @TPPF @EmpowerTexans @GHPartnership @HRBC1 @SylvesterTurner @LinaHidalgoTX @HoustonChron pic.twitter.com/FSIs8783mg

— Team Bettencourt (@TeamBettencourt) March 23, 2020

PRESS RELEASE: Senator Bettencourt Asks Direct Questions to County Judge Hidalgo Regarding
her Proposed Shut Down of the Nation’s 3rd Largest County. #txlege pic.twitter.com/aWnBdsFxWf

— Team Bettencourt (@TeamBettencourt) March 24, 2020

Honestly, there's not much more to say.

Crazy part is that has to be said in the first place.

While we're on the subject, kudos to Bettencourt for focusing on the relevant issues, and not falling into counterproductive sidetracks.

Bottom Line:  In a sane and rational world, Bettencourt's sentiments would be considered completely obvious.  Yet here we are.  At least one elected official hasn't gone over the cliff.

#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.

#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: Guy who got rich via sexual relationship with lobbyist attacks honest man's business

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

In our piece yesterday about the house's actions on SB 2, we made the following point:

Just for good measure:

One amendment, from state Rep. Charlie Geren, R-Fort Worth, seems to bar anyone but licensed attorneys from representing taxpayers in the property tax appeal process on a contingency fee basis. The change would likely affect the author of SB 2, state Sen. Paul Bettencourt, a Houston Republican and a property tax consultant.

“It affects a lot of people. We'll talk about it in conference,” Geren said. He added, “I don't believe in contingency fees, but if we have to have contingency fees to do this, then I want the lawyers to do that."

In other words, Charlie Geren is literally attacking Paul Bettencourt's business...and the house members are fine with it.

We made the point yesterday, but it's worth considering on its own: The Senator who single-handedly made the property tax issue too hot for the legislature is having his personal business attacked by a committee chairman in the other chamber.

Having.  His.  Personal.  Business.  Attacked.

But, coming from Geren, it's even worse.

In case you forgot:

AUSTIN (KXAN) -- On Jan. 10, 2017, lobbyist Mindy Ellmer tweeted a picture of her with long-time boyfriend Rep. Charlie Geren, R-Fort Worth, standing next to the Mayor of Fort Worth, Betsy Price. The caption read, "Happy to kick off the 85th with two of my favorite peeps."

More than four months later, Rep. Geren is a driving force for a bill critics say will save the telecommunication giant AT&T hundreds of millions of dollars while taking needed revenue from city coffers in Austin and beyond.

Ellmer has an interest in the company's success in Geren's Texas House of Representatives. She holds a contract from AT&T worth up to $99,999 to try and influence lawmakers to vote on issues favorable to AT&T.

"I don't have any comment at this point in time, thank you," Rep. Geren told KXAN in a brief phone call after repeated requests for his thoughts on if the relationship was a conflict of interest.

We've said our piece about the sordid relationship between Charlie Geren and Mindy Elmer, during a previous act of chutzpah from Charlie, here and here and here.

And now Geren's hijacking Paul Bettencourt's property tax bill to attack Bettencourt's personal business.

For no other reason than that Paul Bettencourt made property taxes too hot of an issue for the legislature to ignore.

Bottom Line: The Texas Legislature...it really is THAT sleazy.

#TXLEGE: The most toxic house in Texas

"That which has been is what will be,
That which is done is what will be done,
And there is nothing new under the sun."
Ecclesiastes 1:9

Well, property tax "reform" is out of the house...but this is quite the poison pill:

Stickland fueled the boiling over of the evening, though, bringing forward the final amendment for consideration. The contentious measure he offered would strike the newly added contingency clause in the bill. Amendment 48 would essentially decouple SB 2 from House Bill 3, which is currently in the Texas Senate committee process.

The clause Stickland was after is the language added by Burrows into the property tax reform legislation last week that will only afford taxpayers reform and relief if lawmakers pass the school spending spree contained in HB 3. As substituted by Senate Education Chairman State Sen. Larry Taylor (R–Friendswood), that legislation added a contingency clause of its own that makes half of the appropriated monies for property tax relief, as well as a homestead exemption increase, entirely dependent on the passage of sales tax increases by voters on the November ballot.

Burrows, obviously frustrated by the amendment, then was questioned further by Democrat State Rep. Yvonne Davis of Dallas, who cornered Burrows and forced him to articulate the codependency of the bills—with relief being the furthest issue down the line.

“I think you have a very fine amendment here, Mr. Stickland,” Gutierrez said from the back microphone, foreshadowing what appeared to perhaps be an interesting alliance forming for taxpayers before the vote with both sides.

Bonnen indicated that Stickland had requested a record vote and that he, himself, would be voting ‘no,’ a Texas House rarity. Most members followed suit and the amendment failed, garnering a meager 5 ayes and a resounding 143 nays. The vote was a clear indication that the body politic of the Texas House is squarely with Bonnen and his leadership team at the end of the day. Three Democrats and two Republicans supported separating the two bills: Democrat State Reps. Michelle Beckley (Carrollton), Yvonne Davis (Dallas), and Harold Dutton Jr. (Houston), and Republicans Briscoe Cain and Jonathan Stickland.

In other words, they've made even the tiniest, most incremental, improvement in the property tax system contingent upon their orgy of spending masquerading as "school finance reform."

Obviously, this is a terrible deal that any self-respecting legislator should reject.

But this is the Texas Legislature, and...well...they ain't exactly known for self-respect.

So here we are.

As we said yesterday:



Just for good measure:

One amendment, from state Rep. Charlie Geren, R-Fort Worth, seems to bar anyone but licensed attorneys from representing taxpayers in the property tax appeal process on a contingency fee basis. The change would likely affect the author of SB 2, state Sen. Paul Bettencourt, a Houston Republican and a property tax consultant.

“It affects a lot of people. We'll talk about it in conference,” Geren said. He added, “I don't believe in contingency fees, but if we have to have contingency fees to do this, then I want the lawyers to do that."

In other words, Charlie Geren is literally attacking Paul Bettencourt's business...and the house members are fine with it.

Like we said: Toxic.

Bottom Line: New boss, something something; old boss, something something....

#TXLEGE: Who the heck knows what's happening on Property Taxes....

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

We got to the Capitol expecting to see house debate on HB 2.  Didn't happen.  Instead, they punted to Monday.

For now.

Meanwhile, the Senate claims to be having discussions behind closed doors; heard that before.

From the Trib:

As debate stalled on Thursday in both the Texas House and Senate over priority property tax legislation, and as questions lingered over how school districts should fit into the equation, Gov. Greg Abbott laid his own marker in the sand, stating through a spokesman that “there must be a cap on school districts’ ability to raise taxes.”

The lower chamber had for days planned to debate House Bill 2, its version of the high-priority legislation on Thursday. But amid rumors that the Senate would take up its own version of the bill, the House adjourned for a lunch break without taking the measure up. Eventually, state Rep. Dustin Burrows, a Lubbock Republican spearheading the House measure, announced to the lower chamber later Thursday afternoon that he was punting the bill to Monday for debate.

"Members," House Speaker Dennis Bonnen, R-Angleton, told the lower chamber afterward, "we are respectfully working with the Senate on this issue."

News of the postponement came after Bonnen, Abbott and Lt. Gov. Dan Patrick, along with various lawmakers, spent most of Thursday behind closed doors trying to work out a deal. One sticking point between the two chambers — and across party lines, to an extent — appeared to be over school districts, which levy the bulk of property taxes in Texas, and whether and how they should be included in property tax reform legislation. In the original, identical versions of Senate Bill 2 and House Bill 2, districts were included along with cities and counties. But after a House committee stripped them from its version of the consensus proposal, the bill’s Senate author, Houston Republican Paul Bettencourt criticized that approach, arguing in a now-deleted social media post that “school districts must be included as part of any property tax reform and relief plan.”

....

Still, as Thursday afternoon carried on, it remained unclear how negotiations between the two chambers and the governor’s office were progressing — and when, if at all, either House Bill 2 or Senate Bill 2 would come up for a vote in their respective chambers.

We don't have a lot to add, although according to house sources the speaker's team doesn't want to include school districts (at all)...but it's an open question whether they'll die on that hill.

Bottom Line: We have no bloody idea....

#TXLEGE: SB 2 -- Tangible (though incomplete) step in the right direction

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

[Note: The committee hearing can be viewed here; we'll update the time mark when we're called to testify.]

We're currently sitting in the overflow room for the Senate's hearing on the property tax bill.  There's a big line in front of us to testify.  Unlike the corrupt politicians, government bureaucrats, and taxpayer funded lobbyists, we're here on our own time and dime.  Thus, we have to leave at 6.

We'll discuss our thoughts here and hopefully get to say them to the committee as well.

Senate Bill 2 is a tangible step in the right direction.  It's not everything we'd like to see.  But it's undeniably, and meaningfully, superior to the status quo.

Automatic rollback elections clearly frighten corrupt politicians, government bureaucrats, and taxpayer funded lobbyists.  That's why they oppose automatic rollback elections with such vehemence.  Automatic rollback elections are a new accountability tool for citizens and taxpayers.  Thus, automatic rollback elections should get done.

From a local perspective, Senate Bill 2 would curtail the most abusive practices of the city of Austin.  While the city of Austin imposes myriad challenges, step one is to put those clowns on a tax diet.  A tax diet would force the city of Austin to set priorities in its budget.  If Mayor Adler is against it, it's probably a good bill.

Mayor Adler

That being said, the legislature needs to understand that automatic rollback elections don't lower anybody's tax bill.  Yes, future bad behavior will be curtailed.  Yes, that's good.  But if the legislature doesn't provide net relief, especially during a session where they're shoveling BILLIONS to the educrats, woe unto them with the voters.

Bottom Line: The corrupt politicians, government bureaucrats, and taxpayer funded lobbyists lobbyists hate this bill.  So it must be doing something right.  But this is the beginning of the conversation, not the end.  For it's own sake, we hope the legislature understands this reality.

#TXLEGE: Big 3 look serious on Property Taxes (while Democrats could be worse)

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

[Note: We're having formatting issues putting them on this website, but both press conferences can be viewed via the Trib.]

This morning, the Governor, Lite Guv, and Speaker held a press conference to announce their joint property tax proposal.  The most important takeaway is that the House and Senate are beginning with identical bills.  That'll dramatically simplify negotiations down the line.

The unity means local governments will no longer be able to to play off the House vs. the Senate.  Speaker Bonnen specifically said, "those days are over."  Locals can engage productively, but they can no longer derail the process.  While nobody said it out loud, the contrast with the previous speaker is obvious.

The bill would require voter approval for all tax hikes over a 2.5% threshold alongside transparency enhancements.  Obviously, it's not everything we'd have liked.  But it's a gigantic step in the right direction and should be treated as such.  Nothing from today's press conference precludes using school finance reform to produce further property tax relief.

Another interesting nugget: Speaker Bonnen suggested appraisal reform was "easily deliverable to the Governor's desk."  He expected such reforms to pass with "overwhelming bipartisan support."  Good Deal.

Following the Big 3 press conference, Trey Martinez Fischer and Eddie Rodriguez held one for the Democrats.  Representative Fischer promised to ask "tough questions" about revenues.  He also stated his willingness to "agree to disagree" with the Speaker's starting position.  Coming from Trey Martinez Fischer, that could have been a lot worse.

Representative Rodriguez said he "wants to know how it will impact school finance" before committing to the Governor's plan.  That's not unreasonable.  Representative Rodriguez also announced that he was working on his own bill.  As a constituent, we're eager to see Representative Rodriguez's counteroffer for the property tax relief East Austin desperately needs.

Bottom Line: A lot of work remains to be done, but today's signs are encouraging.

#TXLEGE: An all sorts of interesting panel about property taxes

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

"If we don't fix it this session, we're in big trouble."

So said Drew Springer at this afternoon's TPPF policy orientation panel on property taxes.

The panel featured a number of interesting nuggets; among them:

• Senator Paul Bettencourt on Speaker Bonnen's willingness to engage the issue in good faith: "Quite a departure from the last speaker."

• Bettencourt -- As property values go up, tax rates have to go down.

• Bettencourt -- "The state has to stop Robin Hood."

• Bettencourt plugged uniform election dates.

• Tarrant County Judge Glenn Whitley gave a lot of the usual talking points about "state mandated services" such as a court system and jails...but, if courts and jails were the only thing on which counties were spending their money, there wouldn't be a problem.

• To his credit, Whitley also mentioned the ENORMOUS sums Texas gives away as tax exemptions; we've previously discussed how this could be an area of widespread cross-partisan consensus.

• Springer calls for using new revenue from various excise type taxes to buy down property taxes.

• Fun local fact: Apparently, Travis county has had the slowest county tax growth of any major urban county in the state!!!

• And the kicker: DREW SPRINGER.  ENDORSES.  AUTOMATIC ROLLBACK ELECTIONS.

That last one is the hugest of them all.  Last session, Drew Springer was one of the primary obstacles to property tax reform.  Honestly, it's noteworthy that Drew Springer is constructively engaging on this issue in the first place.

We know a few people on Facebook were mad about an obscure thing that happened in yesterday's rules debate, but today we found ourselves wondering who this guy was and what he had done with the Drew Springer from last session.

But we'll take it.

Bottom Line: It's too soon to tell the form in which it will take shape, but there will be tangible progress on this issue this session....

Houston ISD **NIGHTMARE** is an Opportunity (if GOP follows through)

"It would be better for him if a millstone were hung around his neck, and he were thrown into the sea, than that he should offend one of these little ones."
Luke 17:2

Confession: Prior to a week ago, we hadn't been aware of the ongoing dispute between Houston ISD and the State of Texas.

Then, last week, the outgoing Republican Harris County Treasurer posted:



Followed by Governor Abbott:

What a joke. HISD leadership is a disaster. Their self-centered ineptitude has failed the children they are supposed to educate. If ever there was a school board that needs to be taken over and reformed it’s HISD. Their students & parents deserve change. https://t.co/atM45U3Jmr

— Greg Abbott (@GregAbbott_TX) January 3, 2019

The Trib has context:

In a scathing tweet Thursday, Gov. Greg Abbott slammed Houston Independent School District leaders for "self-centered ineptitude" and rallied for the state to take over the district's school board.

....

In 2015, Texas passed a strict law that allowed the state to impose sanctions on school districts with schools that consistently failed to meet state academic standards. Now, Houston ISD must boost the performance of four of its chronically low-performing schools in 2019, or it will be taken over by the state or be forced to shut down those schools.

Abbott's tweet was responding to a Wednesday Houston Chronicle opinion piece written by a contingent of local community members. The article argued that the district should get lawmakers to repeal that law and sue the state's education agency if the Legislature refuses.

Yikes.  This is a tragedy for Houston families.  But, in that tragedy, there's also opportunity for the GOP.

This Houston ISD debacle is a textbook example of how big government fails.   A taxpayer funded organization that pays bureaucrats $300k (+) can't provide students with an acceptable education.  The narrative writes itself.

It's not a secret that the GOP needs to improve in both urban areas and minority communities; Houston ISD is a great place to start.

The good news: Between the former county treasurer and the sitting Governor, it looks like GOP elected officials are on top of this one.  Likewise Paul Bettencourt.  It's a strong start.

Our concern: This isn't the 'sexiest' issue.  It's not likely to generate appearances on Fox News.  Thus, we worry about the follow through.

But you've gotta start somewhere.

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.  Governor Abbott has gotten that ball rolling.  If they're smart, the GOP will keep it rolling.

With election close, Democrats step up their VOTER FRAUD efforts

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

National radio host Hugh Hewitt once wrote a book: "If it's not close, they can't cheat."  Well, it is close.  And, they are trying to cheat.

Tarrant County:

Lorant called the Tarrant County Elections office and spoke to the early voting coordinator. She learned someone had voted in her name at Southlake Town Hall on Sunday, October 28, at 11:32 a.m.

How could that happen with Texas’ voter ID requirement?

It’s possible a poll worker at Southlake mistakenly signed in another voter under Lorant’s name. Lorant says they didn’t properly verify the voter’s ID, allowing someone to steal her vote and disenfranchise her. Election officials can resolve whether it was a mistake or voter fraud by simply looking at the voter signature page.

In either case, election workers may have cost Lorant her vote and allowed a fraudulent one to be counted.

Dallas County:

Dallas Republicans are once again battling local Democrats to stop voter fraud. They were in court today seeking a temporary restraining order against Dallas County’s Democrat elections administrator Toni Pippins-Poole to delay opening of suspicious mail ballots, which was scheduled to begin at 7:00 a.m.

Lawyers for the Dallas County Republican Party asked a judge to sequester about 2,400 mail ballots submitted for the November election that GOP ballot board members identified as questionable. They also flagged 20 mail ballots signed by disgraced ex-state representative Terri Hodge as an “assistant.”

Hodge, a Democrat, pleaded guilty in 2010 to felony tax evasion in a Dallas bribery scandal and spent a year in prison. Hodge is prohibited from running for public office but continues to assist mail-ballot voters.

Judge Gena Slaughter, also a Democrat, is hearing the case. Slaughter delayed today’s hearing for 24 hours to allow the DCRP to present additional evidence with its amended TRO request, and to give Pippins-Poole time to secure representation. Dallas County District Attorney Faith Johnson, a Republican, has recused herself from the proceedings.

Harris County:

Voter roll integrity is at risk in Harris County because the county’s elected voter registration official isn’t doing her job, state and local officials said today in a press conference.

State Sen. Paul Bettencourt (R–Houston) made the announcement in front of a UPS store at 1302 Waugh in Houston, where 84 people are registered to vote—and 22 have already voted in the November election.

The problem, said Bettencourt, is that Harris County Voter Registrar Ann Harris Bennett, a Democrat, is allowing commercial addresses to be used by voters across the county.

“Already there have been 22 votes out of this UPS store,” said Bettencourt. “Why do we have voter registration at a commercial address?” He said approximately 100 similar locations throughout the county also had at least 10 registered voters each.

And these are only the cases we know about; God only knows what else is happening.

This is very serious.

A dirty little secret about election theft is that it's difficult to do if an election is a blowout.  Not impossible.  But difficult.

However, if the election is close, it's not that hard.

Right now, unfortunately, it's close.

Bottom Line:  Be prepared for months of litigation after the election.

#TXLEGE: Bettencourt proposes ELIMINATION of "Dog Days" Property Tax Elections

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

This needs to happen:

Senator Bettencourt Calls for an End to Dog Days of Summer Property Tax Increase Elections by Cahnman on Scribd

Bottom Line: Uniform election dates are one of MANY tools the Legislature needs to pass to increase voter supervision of local fiscal policy.

Educrats across Texas throw a HILARIOUS Tantrum

 

"If you see the oppression of the poor, and the violent perversion of justice and righteousness in a province, do not marvel at the matter; for high official watches over high official, and higher officials are over them."
Ecclesiastes 5:8

A few days ago, Empower Texans put out a call for whistleblowers to report illegal electioneering at various ISD's.

Hilarity ensued.

First, Texas Observer:

I will vote in support of public education in the interest of the more than 5 million Texas school children.”

That’s the oath Texas Educators Vote shopped to public school districts across the state last year as part of the teacher coalition’s campaign for school board resolutions that promote voting among eligible students and staff. The group’s pledge, and the idea that public schools might promote voting to the extent that they even transport students and staff to and from the polls, was so hyper-partisan and offensive to some Texas conservatives that they asked state Attorney General Ken Paxton to declare school district attempts to encourage voting illegal “electioneering.”

That resulted in a nonbinding legal opinion Paxton issued last month, in which he questioned whether school districts that promote or facilitate voting are serving any “educational purpose.” As Quorum Report first noted last week, Paxton’s opinion gave the arch-conservatives at Empower Texans just the creative spark they needed to launch the “ISD Whistleblower Project,” which asked teachers to confidentially rat out educators who dare to promote voting on campus.

This week Twitter responded with the #blowingthewhistle hashtag, which public education supporters used in thousands of tweets to mock Empower Texans while simultaneously elevating public school teachers as selfless, unsung heroes. “I am #blowingthewhistle on teachers who sneak and give students lunch money when their accounts are at $0,” tweeted Devon Bradley, a teacher at Crosby Elementary School. Non-teachers chimed in, too. “I’m #blowingthewhistle on my wife for spending every free moment for the better part of last year helping one of her Kindergarten students get hearing aids,” wrote @ColinHildinger.

And the Trib:

Laura Yeager founded Texas Educators Vote in fall 2015 to spur local educators to practice what they preached. Why, she wondered, were Texas teachers talking about the importance of political participation in class, but not always modeling that behavior themselves?

More than two years later, her civic engagement effort has stirred up a right-wing maelstrom, leading conservative organizations and some powerful elected officials to question whether it's breaking the law.

Headed up by the influential group Empower Texans, adversaries say the educators’ organization, and others like it, might be using illegal tactics to boost liberal policies. Yeager counters that her group is merely trying to promote voting — and is only drawing backlash because staunch conservatives are worried public education-focused voters will unseat their candidates.

Some public education advocates allege that Empower Texans has had its eye on teachers' groups since last year, when the Texas Legislature's failure to reach a deal on a sweeping school finance overhaul left many educators across the state fuming. Education groups pledged to take that anger to the polls.

Since its early days, Texas Educators Vote, along with several partner groups, has been promoting a version of its “culture of voting” resolution. That document suggests school boards encourage students and employees to vote by implementing “no cost” incentives, including driving students and staff to polling places if district policy allows. More than 100 school boards in the state have signed on to some version of the proposalwhich — like Texas Educators Vote — doesn't back any particular party or candidates. The group on its website does ask supporters to vote “in support of the more than 5.4 million Texas school children.”

Conservative groups in general and Empower Texans in particular are deeply suspicious of the resolution, which they allege promotes electioneering on the taxpayers’ dime.

“Voting in mass, they would influence statewide office and state legislative races. Locally, the combined voter block would have the mass to virtually guarantee approval of tax ratification elections and bond propositions. All it takes is registration, indoctrination and mobilization,” Tom Fabry, treasurer of the Frisco Tea Party, wrote for Empower Texans in November. “And it’s all being done under the guise of ‘civic responsibility.’”

....

Later that fall, Yeager said, she became aware that [Empower Texans] was submitting records requests to school districts across the state in what she called an effort at intimidation.

....

At least some of those inquiries appear to be sparked by concerns about Scott Milder, a longshot Republican challenger to conservative favorite Lt. Gov. Dan Patrick. Milder — who founded a public education advocacy group with his wife, Leslie, in 2004 but stepped down from the organization’s helm Nov. 22 to focus on his campaign — is an explicit target of Empower Texans. In explaining the reason for its public records requests, the group has cited complaints from teachers that Milder’s campaign newsletter was disseminated across a school district.

Milder’s group, Friends of Texas Public Schools, is one of Texas Educators Vote’s partners.

Troy Reynolds, the founder of Texans for Public Education and an administrator in Splendora ISD, said his district received several records requests from Empower Texans, including one specifically regarding Milder and one asking for communications including words like “election,” “cross-over” and “primary.”

Reynolds called those efforts a “bullying technique” — and a waste of taxpayer resources.

“[Dan Patrick] is spending thousands of public school man hours doing opposition research for himself,” Reynolds said. “They know that they’re hampering our day-to-day operations.”

LOL, think we've struck a nerve?!?

It's also hilarious that they're objecting to what is, essentially, political opposition research 101.

If you're interested in more, check out the twitter hashtag #blowingthewhistle.

Bottom Line: It's amazing how thin-skinned bureaucrats making six-figure salaries to propagandize vulnerable children can be....

#TXLEGE: Abbott Endorses Committee Chairman who Killed Property Tax Reform

Do not be deceived: “Evil company corrupts good habits.”
1 Corinthians 15:33

Oh good grief:



The endorsement itself is bad enough, but it's all the more galling due to the lie that Bonnen includes in the announcement.

Specifically, Bonnen claims: "we collaborated to bring our homeowners vital property tax reform that would have given voters veto power over large local property tax increases."

Except that, as anyone old enough to remember a point in ancient history called "August" can remember, no such thing happened.

Here's what happened on property taxes during the Special Session of the 85th legislature:

• The Texas Senate passed a compromise bill that nevertheless represented a tangible step in the right direction on July 26th.

• Dennis Bonnen gutted said bill in committee on August 1st.

• Bonnen sat on gutted bill for two additional days before sending it to Calendars on August 3rd.

• Calendars sat on the bill for a week.

• Calendars eventually set the gutted bill for second reading floor debate on August 12th.
• Note: Remember the stunt they tried with the gag rule?!?

• Then, oh yeah, remember when they postponed third reading by a day.

• House very belatedly passed gutted bill on third reading on August 14th.

• With two days left in the special session, Senate requests a conference committee to restore minimally acceptable; house responds by lawlessly adjourning sine die.

• Senator Bettencourt has a good recap of events here.

Bottom Line: Do these people think we've forgotten events from four months ago?!?

#TXLEGE: Bettencourt's speech after the house killed property tax reform....

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

From Tuesday night:



Highlights:

• "Some days the Texas capitol does not recognize the obvious, and that's what's happened today."

• "Today's action by the Texas house leaves us with a bill, to quote the house ways and means chairman, that provides no property tax relief whatsoever."

• "SB 1...was a bill that belongs to the taxpayers of Texas."

• The house refused to appoint a conference committee.

• "The ability to amend legislation didn't occur in the Texas house."

• Texans "are being taxed out of their homes and their businesses."

• "We are not going to accept the take it or leave it proposal from the house."

#TXLEGE: Statements about several of today's bills....

"Oh, let the nations be glad and sing for joy!
For You shall judge the people righteously,
And govern the nations on earth. Selah"
Psalm 67:4

[Note: The business and commerce committee hearing can be viewed here; our testimony on the health insurance bill can be viewed around the 1 hour 15 minute mark, our testimony on the not changing permitting rules in the middle of the game bill can be found around three hours.]

We signed up to testify on six separate bills today at the Capitol.  We were only able to deliver that testimony on two.  On the final four bills, our remarks are the testimony we would have given if we'd been able to stick around."

• SB 8 (Creighton): "Relating to health plan and health benefit plan coverage for elective abortion."
  
  We testified that, similar to the local defunding bill from yesterday,  so long as our society is going to permit the slaughter of innocent children, they ought to at least not ask the rest of us to pay for it.
  
  That being said, we also realized later that eliminating abortion coverage from basic health insurance can only lower premiums.
  
• SB 12 (Buckingham): "Relating to limiting the applicability of municipal and county regulations affecting real property." [Note: This is the bill that would prohibit cities from changing the rules for construction projects in the middle of the game.]
  
  One of the taxpayer-funded municipal propagandists used the phrase "using zoning to protect property values" and we found that an astonishing euphemism for using the coercive power of the state to artificially restrict housing supply.
  
  Furthermore, we pointed out that housing costs are the biggest expense for the overwhelming majority of families nationally, in Texas, and here in Austin.  When abusive municipal governments, starting with but not limited to the city of Austin, change the rules in the middle of the game it drives up those housing costs.  This is terrible for upward economic mobility.
  
• SB 13 (Burton): "Relating to the issuance of a permit by a political subdivision."  [Note: This bill would establish firm deadlines for cities and counties to deny building permits.  Unless the political subdivision actively denies the permit, it is considered automatically granted after a certain period of time.  Also prohibits county and municipal governments from mandating wage rates.]
  
  Everything aspect of this bill is awesome.
  
• SB 14 (Hall): "Relating to a property owner's right to remove a tree or vegetation." [Note: This is the tree bill.]
  
  This bill has received a surprising amount of national attention, so there's not a lot that we have to add.  The property rights aspect of this discussion is obvious.  The only thing we would add is that the local politically entrenched disingenuous NIMBY crowd loves to use the tree ordinance as an excuse to delay construction and that anything that reigns in those people can only be a good thing.
  
• SB 1 (Bettencourt): "Relating to ad valorem taxation."
  
  There's been a lot of ink spilled over property taxes, to which we will simply add that the current property tax system is an obvious macroeconomic storm brewing on the medium-term horizon and that it's one of the few things that could truly take down the Texas economy (local government debt is the other).
  
  Furthermore, lowering the property tax cap would benefit renters alongside homeowners.  Renters (even if they don't realize it) pay property taxes through their rent.  Unfortunately, renters don't receive homestead exemptions.
  
• SB 18 (Estes): "Relating to a limit on local government expenditures."
  
  The flip side to clamping down on taxes is that you need to clamp down on spending as well and this bill does that.
  
  Furthermore, if you're serious about eliminating property taxes, making cities and counties live under spending caps  starts to make that a realistically viable option in four or six years down the line.

#TXLEGE: Thoughts about today's Senate Education hearing....

"The fear of the Lord is the beginning of knowledge,
But fools despise wisdom and instruction."
Proverbs 1:7

[Note: The hearing can be viewed here; our testimony on the school choice bill can be found around the one hour mark.]

The Texas Senate education committee is currently hearing two bills.  The first relates to parental choice and the second to school finance.  We testified "on" the former, and were signed up to testify "on" the latter but had to leave.

The most important item people need to understand about the current incarnation of the parental choice bill is that IT'S COMPLETELY DIFFERENT FROM THE BILL THAT WAS CONSIDERED DURING THE REGULAR SESSION.  SB 2, by Larry Taylor, would create "tax credit scholarships" for special needs students whereby outside parties can receive a state tax deduction for donating to certain scholarship funds.  This is a significantly more complicated mechanism that what was discussed during the regular session.  By contrast, during the regular session, the Senate proposed "education savings accounts" which would have taken money currently going into the bureaucracy and given it instead to parents to spend however they see fit.

We testified that we don't like that the Senate has shifted course between the regular and special sessions.  Furthermore, we worry that creating new tax credits conflicts with other long term goals related to tax simplification.  Senator Bettencourt largely agreed but asked us if we'd accept tax credit scholarships as a starting point, to which we have to say it depends on how they're structured.

Beyond that, we will note that we were impressed by an exchange Senator Campbell had with a rural superintendent.  When the superintendent attempted to claim no one in his organization supported increased parental choice, Campbell asked his whether his organization represented parents or superintendents.  Under questioning, the superintendent admitted his organization only represented the latter.

On school finance we were unable to testify, but we would have re-emphasized the point we made yesterday: IN THE EVENT THAT THE HOUSE AND SENATE REACH AN AGREEMENT ON SCHOOL FINANCE (which, to be honest, we don't think is going to happen), WE WANT IT TO BE POSTED FOR AT LEAST 72 HOURS BEFORE IT'S VOTED UPON IN EITHER CHAMBER.  In other words, we want to read the bill first.  But again, we think it's unlikely that the house and senate reach an agreement which would render the above paragraph moot.

That being said, depending on the details, the following broad principles could get this author to a 'yes' on a major school finance bill:

• Significant movement toward student centered funding from district (ie. bureaucrat) centered funding.
• Note: We think that's DOA in the house.

• Significant Property Tax relief: To have the state pick up a greater share of the education tab might be a conversation worth having.  But any increase in state level funding must be offset by a decrease in local property taxes.  HB 21 from the regular session, in the form it passed the house, did not accomplish this objective.

• Repurposing existing dollars from the bureaucracy into the classroom; the Governor and the Senate have said a lot of good things on this topic recently, but those provisions need to have teeth.

• Capping superintendent salaries to say that no school district could pay their superintendent more than the Governor.

Bottom Line: We're currently neutral on both of these bills and we can plausibly see ourselves breaking either way.

#TXLEGE: Today's TPPF #SpecialSession Policy Orientation

"Prepare yourself and be ready, you and all your companies that are gathered about you; and be a guard for them."
Ezekiel 38:7

TPPF hosted a supplemental policy orientation today with a mix of speakers and panels; the following is a direct transcription of our notes.

Governor Greg Abbott:

• Teachers are the most important part of the education process.

• Reward the best teachers.

• School finance -- What has been studied previously is not adequate.
• No more "band aids over band aids."
• End Robin Hood.

• Current education structure focuses on "schools, not students."

• Cities have enacted policies that are hostile to economic growth.
• "If we don't stop this, real quick, we are in real danger."

• Taxpayers should have a say in tax increases.
• #1 issue we must address.

• Private property rights are being diminished across Texas.

• "I want a vote" on union dues bill.

• Dallas mail in ballot fraud nothing new.
• Been going on since (at least) Lyndon Johnson.
• Removing paid political operatives from the process.

• Publishing lists of special session items re: who's supporting/who's not "on a daily basis."

Lt. Gov Dan Patrick:

• Points out Straus laying foundation for state income tax in the first paragraph.
• Along with Democrats and school district officials.

• 52% of budget goes to education.

• Teachers only get 32% of education $$$.

• "It's not an unfunded mandate...school districts need to re-purpose the money."

• Teachers unions oppose higher pay for teachers.

• Math is math.

• "Governor Abbott and I do not want Texas to become California or Illinois."

• "Greg Abbott's priorities are my priorities."

• Property taxes #1 priority.

• House has lots of members who will vote the right way "if they get the chance."

• "Texas likes fighters, not quitters."

• "We've shown that big government Republicans are wrong."

• re: Straus: "Don't undermine the entire party and the entire state."

From Left: Talmadge Heflin (TPPF), Sen. Kelly Hancock, Rep. Craig Goldman, Sen. Bryan Hughes, Patrick Gleason (ATR)

State level fiscal policy panel:

• Statewide spending limits needs to go down to (population + inflation).

• Hancock: Abbott created conference committees before the bills were even filed.

• Public sector unions are bankrupting California.

• Hancock: Spending is where you control the growth of government.
• (Population + inflation) is a real cap.
• Note: As this session's budget can attest, (population + inflation) is more of a bare minimum than a real cap...but it would still be a significant improvement on the status quo.

• Gleason: It's easier to pass things in other states when Texas has done it.

• Gleason: Kansas cut taxes, but failed to keep spending in check.

From Left: Sen. Donna Campbell, Sen. Paul Bettencourt, Rep. Paul Workman

Local Liberty Panel:

• Cities are doing power grabs to increase their tax base.

• Annexation: Cities have been unrestrained for decades.
• Campbell's bill expedites voluntary annexation.
• Texas is one of the last states in the country to permit voluntary annexation.

• Property Taxes: Revenue up >30% in all the major counties over the past few years.
• Anywhere you go in the state, appraisals are up at least 15% annually.
• School districts have to hold tax ratification elections past a certain threshold; you need a similar mechanism for cities and counties.
• Current rollback petition requirements "are fictitious nonsense."
• Rollback rates have been >5% since Jimmy Carter.
• Bettencourt supports 0% rollback rate but doesn't currently have the votes.
• Texas currently chasing New York and Illinois on property tax burdens.

• Tree Bill: Heritage trees add value to property, so cutting them down is rare, but in the cases where it's necessary it's none of the government's business.
• Westlake tried to fine a property owner $100k for cutting down a tree on his own property.

• Expedited Permitting: Workman's bill states that cities can have expedited permitting, but doesn't allow them to add strings to the process.

#TXLEGE: Dennis Bonnen's UNACCEPTABLE Property Tax STUNT....

"But the former governors who were before me laid burdens on the people, and took from them bread and wine, besides forty shekels of silver. Yes, even their servants bore rule over the people, but I did not do so, because of the fear of God."
Nehemiah 5:15

LOL, nice try:

The Texas House on Saturday responded to Lt. Gov. Patrick's threat of forcing a special session by unanimously approving property tax legislation. But the lower chamber excluded the Senate's key provisions requiring voter approval of some tax rates — something Patrick wanted included.

Property tax changes and the so-called bathroom bill were the two items Patrick this week said needed to move by May 29 to prevent a special session. But it wasn't immediately clear Saturday afternoon if the lieutenant governor would accept a version of the property tax legislation that excluded the election provision many in the upper chamber considered vital. Conservative House members also wanted such language, but were unsuccessful in getting it added.

....

Under his proposal, local governments would have to announce a “no-new-revenue” tax rate each year and compare it to the rate they’re actually proposing. Taxpayers would get a copy of that and could intervene before the rates are finally set.

....

His committee stripped from the Senate version of the bill provisions that would require cities and counties to get voter approval for their property tax rates if revenues exceed 5 percent compared to what the entities collected the year before. The House's version leaves that "rollback" threshold at 8 percent — and only triggers an election if constituents successfully petition for a vote.

State Rep. Jonathan Stickland, R-Bedford, asked Bonnen why his proposal doesn’t include automatic rollback elections. He said he would vote for Bonnen’s amendment, but wanted to know why it doesn’t go further. And he told the House that the Senate bill was the better option.

“This is a farce,” Stickland said. “This is part of a victory, part of a victory.”

He said he thought the automatic rollback election was essential to property tax reform.

The full interaction between Stickland and Bonnen:



Stickland subsequently elaborated:



From Empower Texans:

What lawmakers should have passed, but didn’t, was Senate Bill 2 by State Sen. Paul Bettencourt (R–Houston), a major property tax reform bill that would force taxing entities to secure voter approval in order to increase property tax burdens by more than 5%. Should that election fail the rate would be “rolled back.”

Knowing that it will serve as a shield against property tax increases, SB 2 has been hailed by homeowners across the Lone Star State and has been many conservatives’ primary goal this legislative session.

Though the bill passed by a party-line vote of 20-11 in the Texas Senate, the measure was stopped in the Texas House after Speaker Joe Straus removed it from consideration by sustaining Democrats’ point of order on the bill and preventing conservatives from moving to overrule it.

Our two cents: The automatic rollback provisions are non-negotiable.  As we explained in March, they are the absolute bare minimum to an acceptable session on the property tax issue.  The whole point of property tax reform move taxing entities from a forgiveness based system to a permission based system.

Senator Bettencourt seems to concur:

“Without Senate Bill 2 as passed by the Senate being considered by the full House, there will be no property tax relief coming out of the 85th Regular Session,” said Senator Paul Bettencourt (R-Houston), the author of SB 2. “Many of the items that the House voted on yesterday like SB 669, the committee substitute for SB 2, HB 15, and many other bills already existed as standalone bills in the Senate that have already been passed by the Texas Senate. While these are useful transparency and taxpayer tools, they are not property tax relief.”

If the House is to consider SB 2 in the 85th General Session, the House Calendars Committee will have to set the bill for today for a vote no later than second reading on Tuesday.

“Senate Bill 2 was based upon 50 hours of public testimony from taxpayers around the state that show multiple years of double digit increases in property tax bills on homes and businesses, with another year coming of strong value increases in the Dallas-Fort Worth area and on the IH35 corridor and in other jurisdictions around the state of Texas,” Senator Bettencourt stated. “If appraised values go up and tax rates don’t come down, then homeowners and business owners continue to be put at risk of ever-rising tax bills. This problem is not going away,” he added. “We should get a vote on rollback and automatic election provisions in the 85th Regular Session as Texas taxpayers are hoping we are not done yet.”

Bottom Line: We'll have to see what happens, but as things currently stand the property tax issue has NOT been satisfactorily resolved.

-----

Governor Greg Abbott: (512) 463-2000

Representative Dennis Bonnen: (512) 463-0564

Senator Paul Bettencourt: (512) 463-0107