Sometime soon, these local officials need to start getting SUED

"Learn to do good;
Seek justice,
Rebuke the oppressor;
Defend the fatherless,
Plead for the widow."
Isaiah 1:17

Yesterday, Tony McDonald had a piece about the constitutional authority for local officials to issue the hostage in place edicts we've seen across Texas.  While we recommend reading the piece in full, the TL,DR version is that such authority is non-existent.  Unfortunately, McDonald also points out that courts have a long history of siding with government during times of alleged 'crisis.'

While it may make long-term sense to file such a suit to make the constitutional point...odds of it begetting short term relief are likely low.

There is, however, another alternative.

It's not a secret that these hostage in place orders are causing massive economic damage.  Perhaps it's appropriate to make the relevant local entities pay for the damage they've caused.  Thus, you'd be going after them for the practical damage they've caused, rather than some abstract constitutional point.

It gets better.  Because, odds are, such a suit wouldn't even have to be successful in court (though you would need to be prepared to argue it).  Just the threat of such a lawsuit would likely spur these local entities to change their behavior.

The biggest question is when.  We're still, obviously, in the process of having information about both the virus and the economic impact come in.  By some point between Thursday of next week and Tuesday of the week after (Apr. 16-21).

Bottom Line: We're not there yet, but the time is rapidly approaching.

#TXLEGE: Senate Free Speech hearing correctly identifies problem (solutions = anyone's guess)....

"When they heard this, they were furious and plotted to kill them."
Acts 5:33

We attended today's Senate State Affairs committee hearing about free speech on college campuses.  They did a good job asking questions.  Whether they promote good answers remains to be seen.

The hearing began with two hours of invited testimony from bureaucrats representing the various public university systems around the state.  They predictably filibustered and gave Senators the runaround in denying the had a problem.  Honestly, they didn't say anything interesting.

During the third and fourth invited panels, various speakers from across the political spectrum described their experience navigating the morass related to free speech on Texas' campuses.  Contrary to the rosy picture painted by the bureaucrats, Tony McDonald of Empower Texans described his experiences during his college/law school days with YCT.  McDonald proposed eliminating "free speech zones", not charging "security fees" to student organizations, and eliminating requirements for "mandatory faculty advisors" for student groups.  Glenn Maxey of the Texas Democrat Party largely echoed McDonald's testimony but, citing some of his own experiences as an LGBT activist in the 1980's, stressed the need for protections to apply equally to groups on the left as groups on the right.

During the fourth invited panel, Senator Birdwell (finally!) identified the real solution: the Regents need to do their job!!!  Birdwell specifically bemoaned that the university bureaucracies deliberately keep Regents in the dark about the extent of the problem.  Of course, Birdwell neglected to mention that the various Boards of Regents already have the authority they need to eliminate the bureaucracies in question and...well...they haven't.

We built upon Senator Birdwell's comments in our testimony.  We testified that the real responsibility for protecting free speech on campus lies with the Boards of Regents.  We pointed out, furthermore, that at this time last year we told the Texas Senate (and Senator Birdwell in particular) that if they confirmed the last round of UT regent nominees, political correctness (including this free speech stuff) would get worse.  Every Senator on that panel then voted to confirm the Regents in question.  One year later, here we are.   We also pointed out that, among elected officials, it's the Governor (who appoints the regents) who's primarily responsible for public university governance.  It's worth pointing out that, in four panels and four hours of invited testimony, not a single currently serving Regent from any university system was asked to speak.

During public testimony, several left leaning students voiced concerns about the backlash to a student newspaper columnist who publised a highly imflammatory essay about race last fall.  Specifically, they described death threats and doxxing experienced by the author of said essay.  On the other hand, several of those same left leaning students talked about how racist flyers posted around both the UT-Austin and Texas State campuses last year created an "unsafe" enviroment.  Let's clarify: death threats and doxxing aren't cool...but when you lump flyers (no matter how distasteful) with those sorts of physical threats, you undermine your own credibility.

Bottom Line: We'll know if the Senate is serious about this issue when it takes up regent confirmations next year....

Butthurt anti-Paxton "prosecutors" attempt Hail Mary

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

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

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

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

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

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

....

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

....

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

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

[Author's Note Emphasis added.]

Read the whole thing here.

-----

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

-----

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

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

Sullivan files Criminal Complaint against hypocritical former Texas "Ethics" Commissioner!!!

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

This is just all sorts of awesome:

For more than a decade, an appointed member of the Texas Ethics Commission issued fines and promulgated rules designed to silence citizens while lavishing legislative offices with gifts on behalf of his “day job.” That’s illegal, on multiple fronts, and for it Tom Harrison should be held accountable.

So today I filed a sworn criminal complaint [pdf format, 101 pages] against Tom Harrison with the Travis County District Attorney’s Office. He should be investigated and charged with having knowingly violated Texas Penal Code, Chapter 36 (“Bribery and Corrupt Influence”). Section 36.09 forbids anyone from conferring “any benefit on a public servant that he knows the public servant is prohibited by law from accepting.”

That includes sports tickets, meals, notebooks, golf tees and other items Harrison provided legislative offices.

As a former executive director of the Texas Ethics Commission, Harrison abruptly resigned from the TEC this summer after we demanded emails he had exchanged with legislative offices from his full-time perch at the quasi-governmental “Texas County and District Retirement System.”

Now we know why he scurried out the door.

The emails, which cover a 12-month period, show Harrison lavishing key legislative staffers with tickets to events, merchandise and meals all while promoting legislation beneficial to his employer.

As a member of the TEC, Harrison voted for Ethics Advisory Opinion No. 535, in which he opined that by merely accepting a legislator’s invitation to speak about a bill, a citizen could cause themselves to be required to register as a lobbyist. And yet Harrison was spending untold dollars promoting his employer’s legislative agenda.

Read the whole thing here.

-----

Michael and Tony McDonald also hosted a Facebook video conference this afternoon:



Highlights:

• Tom Harrison is former Vice Chair of the "Ethics" Commission.

• Texas "Ethics" Commission was originally set up to handle paperwork.

• Harrison colluded with Senate Democrats to prevent anyone else from taking the position.

• Harrison was an obscure taxpayer funded lobbyist while serving on the "Ethics" commission; that's illegal.

• Harrison was also giving gifts to legislators and their staff; that's also illegal.

• "Significant evident of violations of the penal code."
• Author's Note: Get your mind out of the gutter, we can't help it if lawyers talk that way! :P

• Members of the "Ethics" commission can't engage in lobbying activity.

• "The 'Ethics' commission has become a great threat."

• "Our expectation is that the Travis County district attorney will...do their job."
• Author's Note: They won't, but that could set up a REALLY fun session in 2019!!!

Kudos to the team at Empower Texans for this long overdue action!!!

Continuing Shenanigans at the Texas "Ethics" Commission....

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

A couple of recent articles from Empower Texans highlight the latest; first up:

At its bi-monthly meeting, the unelected agency tasked with enforcing the state’s so-called “ethics laws” regulating speech will consider a rule change to force anyone requesting an ethics advisory opinion from the agency to reveal their identity to the commissioners.

The TEC is tasked with advising elected officials, candidates, and ordinary citizens on laws related to elections, lobbying, and public office. Typically the advisory opinion requests can be made anonymously and based on hypothetical facts.

This change would allow the TEC to institutionalize the approach it took with Paxton, where the commissioners rigged a vote to ensure a policy beneficial to the attorney general failed.

Last year, Paxton’s liberal political opponents – who could not defeat him at the polls – successfully procured highly questionable indictments against him in Collin County relating to his personal business. The goal of the indictments is to drive Paxton out of office, opening the field for his opponents to be appointed to an office they can’t win at the ballot box.

The attack on Paxton is particularly perverse. By indicting him for behavior outside of his public office, he’s prohibited from using campaign funds in his defense. But, because he is a public official, he also cannot raise money in Texas for his legal defense or accept pro-bono or discounted legal defense from attorneys sympathetic to the injustice of the indictments against him.

Were Paxton to have been indicted for public corruption, on the other hand, he would have been able to spend campaign funds defending himself. But because the indictment relates (at least on paper) to his personal business, by default he can only use his personal funds on his legal defense.

The indictments are designed to squeeze Ken Paxton’s personal finances, and drive him out of office.

It gets better:

Four of the eight commissioners at the Texas Ethics Commission are acting – including issuing fines and making regulatory rulings – after the expiration of their terms.

For example, Tom Harrison has been serving on the commission despite his term having expired more than five years ago. He is currently the TEC’s vice-chairman, but is ineligible to even hold the office of commissioner under the state constitution due to his length of service.

Appointees to the Texas Ethics Commission are not eligible for reappointment after serving a single complete four-year term and any portion of a second term.

Read the whole thing here and here.

Flailing Flynn grasps at Semantics!!!

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

A couple nights ago, Dan Flynn made the following comment on Facebook:

Using some sort of newfangled technology called "Google" we took a trip in the way back machine all the way to 2014 and this Daily Texan article:

In a 7-1 vote Monday, the House transparency committee voted there are sufficient grounds for UT System Regent Wallace Hall’s impeachment. The committee will meet on May 21 and 22 to try and determine the nature of specific articles of impeachment.

....

Rep. Dan Flynn committee co-chair and R-Canton, said he encouraged Hall to resign, and noted that if Hall were to resign before May 21, the committee would not have to convene.

We pointed this out to Flynn:

To which Flynn responded:

Flynn's reasoning, of course, is a farce; as Tony McDonald wrote at the time:

After a letter Tuesday from UT Regent Wallace Hall’s attorneys accused the House Select Committee on Transparency in State Agency Operations of withholding an audio recording that exonerates Hall, Committee Chairman Dan Flynn (R–Van) has capitulated. In a self-serving and petulant letter from Flynn to Eric Johnson, one of the Democratic members of the Committee, Flynn was forced to admit that a report prepared by the committee’s lawyer, Rusty Hardin, contained lies about Hall.

The audio recording of the August 22, 2013 UT Board of Regents meeting apparently refutes several of the assertions contained in Hardin’s report. In response, Flynn was forced to walk back the four bases alleged by Hardin to justify Hall’s impeachment.

Dan Flynn should have done the honorable thing and apologized to Wallace Hall.

Instead, Flynn’s letter contains name-calling, attacks against Wallace Hall and continues to call for the regent to resign — despite admitting that Hall was justified in his actions.

In the letter, Dan Flynn attempts to indefinitely delay obligations to report on his committee’s findings by hinging further action on a final decision by the Travis County District Attorney’s office. At the same time, Flynn suggests that the committee should, as its immediate next step, begin investigating a scandal involving $1 Million in contracts given to Accenture by UT President Bill Powers. Flynn also suggests that the University of Texas System should pay his expenses for the whole boondoggle.

In other words, Flynn backed the impeachment fiasco through every step of the process up until the moment Wallace Hall's lawyer threatened to expose the deceitfulness of Flynn's committee in a public setting; only at that point did Flynn back down.

Bottom Line: For Flynn to claim he never voted to impeach Wallace Hall is, at best, semantic silliness.

First Amendment Tuesday: Detailing all the Wreckage

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

Today is the deadline for worthwhile bills to move in the legislature; on that note, First Amendment Tuesday this morning detailed the bills stuck behind an absolutely AWFUL "Ethics" bill.

Tony McDonald (Empower Texans) (Partial):



Highlights:

• SB 19, by Byron Cook, would prohibit Churches from passing collection plates.

Ann Hettinger (Concerned Women for America):

Highlights:

• American laws for American courts is dead.

• Debbie Riddle was an initial sponsor of ALAC.

• 1/3 of the adoption agencies in Texas are faith based.

Mary-Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• TLO is one of the best uses of our tax dollars.

• SB 313 (Seliger) -- AWFUL bill would re-write TEKS.
• HB 2811 (Huberty) also viable

• SB 1200 -- Larry Taylor has a bill that would undermine State Board of Education.

• "If the foundations are destroyed...."

• SB 9 is TERRIBLE now; worse than doing nothing.

David Walls (Texas Values):

Highlights:

• The left is radically opposed to religious freedom.

• Anything on religious liberty is "Indiana-style."

• SB 206 -- Amendment by Scott Sanford.

• SB 19 is a threat to everyone.

Emily Kebodeaux (Texas Right to Life):

Highlights:

• SB 575:
• Would have originally banned abortion coverage under Obamacare, Private Insurance, and State Employee Plans.
• Byron Cook delayed it then gutted it.
• TxRTL was offered a deal on SB 575 for pulling amendments on Sunset Bills
• Debbie Riddle and Patricia Harless voted no.
• Sarah Davis and Patrica Harless were trying to break Quorum.
• SB 575 will only hit the floor at 11:50 pm (if at all).
• HB 3994 is a GREAT bill.

First Amendment Tuesday: Shenanigans Late in Session

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

With less than two weeks till sine die, we've entered the most dangerous part of any legislative session.  With deadlines looming and the self-inflicted time crisis having squandered the bulk of the session, now is the time when things get sneaked in under cover of night.  Even if you can't stop something, the key is to raise a stink about it so that it at least occurs in public.

Tony McDonald (Empower Texans):



Highlights:

• Conference committees rarely have formal meetings.

• Texas open meetings act de facto doesn't apply to the legislature.

• Bills are usually hashed out between the House and Senate bill authors.
• "This is a REALLY dangerous process."
• Lack of Transparency and tight deadlines.

• Outside the bounds resolutions: Supposed to ask for permission but usually they ask for forgiveness and it's granted automatically.

• Read conference reports during the last few days of the session.
• This is one of the most useful things activists can do; no one has time to go through them all.
• Dan Flynn tried to use this process last session to sneak thru an anti-Wallace Hall bill.
• "Dan Flynn Should be censured and removed from the House."

• You have to trust guy at the front mic to tell the truth.
• Author's Note: Exactly.

• You'd be surprised what qualifies as a typo on the last day of session.

• Short notice periods on all this nonsense.

• If you catch anything, TELL DAVID SIMPSON.

• If you see something fishy during the last few days of the session, don't assume anyone else has found it.

Ann Hettinger (Concerned Women for America):

Highlights:

• Event tomorrow to "lean on calendars committee."

• House killed Pastor protection bill.

• Dan Patrick is the only reason we got Pastor protection bill thru Senate.

• SB 531 (American Laws for American Courts) -- Needs to be heard on Senate Floor.

David Walls (Texas Values):

Highlights:

• SB 2065 needs a House vote THIS WEEK.

• "It's not done till it's done."

• We knew the D's would chub if they got the opportunity.

• Locate Tea Party leaders in Calendars committee members districts.

• Joan Huffman says she'll move ALAC, but she hasn't done so and she has the votes.

Dustin Matocha (Empower Texans):

Highlights:

• Details likely tax relief plans: Likely to be something along the lines of Senate's approach to property taxes and House's approach to margins tax.

• #2A: If you want to carry openly, and you don't want to be harasses constantly, contact your Senator.

• The Governor ought to call a special session "on a number of things."

First Amendment Tuesday: Games with the Calendar

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

With Thursday's deadline to pass bills out of the originating chamber approaching, games with the Texas House calendar have stepped up to another level.

Tony McDonald (Empower Texans):



Highlights:

• House walking bills progressively slower.
• Bills they're working on today (Tuesday) were originally scheduled for last Friday.

• Explains the different calendars.

• MAJOR STATE CALENDAR (Wed) -- A couple bad things and a judicial bypass bill.

• At this point, it's impossible to pass something that isn't on a calendar.

• Chubbing -- Wasting time to kill bills.
• de facto filibuster.

• Details games that have been historically been played with the clock late in session.

• Did oppo. research on Paul Sadler for Ted Cruz.

Ann Hettinger (Concerned Women for America):

Highlights:

• Sylvia Garcia has a "community schools" bill up.
• Open invitation for Planned Parenthood to come into schools.

Mary-Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• We will never get rid of pre-K.

• HB 4105 on floor today. (Allegedly)

• Pastor Bill on floor today. (Allegedly)

TPPF: Freedom of Association vs. Forced Disclosure

"So then, my beloved brethren, let every man be swift to hear, slow to speak, slow to wrath;"
James 1:19

Texas Public Policy Foundation -- Last night, TPPF hosted an event discussing the perils of donor intimidation vs. "disclosure."  Participants were Paul Avelar of the Institute for Justice and Vice Chairman Chase Untermeyer of the Texas Ethics Commission.  Mr. Untermeyer's words speak for themselves.

Untermeyer opening remarks:



Highlights:

• Asked Joe Straus to put him on the "Ethics" Commission.

• "The status quo is usually the right course."

• "Ethics" Commission only has civil jurisdiction.

• Empower Texans case wasn't about disclosure.

• Attacks against donors aren't retaliation, they're "politics."

Untermeyer under examination:

Highlights:

• Anonymity is inherently suspect?!?

• Transparency leads to trust.

• We vote in private for a reason.

• "Dark money" goes to a non-profit.

Paul Avelar opening:

Highlights:

• Discussing Texas-specific topics could make him a lobbyist.

• Non-profits can inform voters of politicians records.

• "Not liking what is being said is not reason to restrict speech."

• It's not the government's business.

• Sometimes, unpopular speech needs to be anonymous.

• The best judge of speech is the speech itself.

• These types of political reprisals are well documented.

Avelar under examination:

Highlights:

• Untermeyer scared of the term "Dark Money."

• The public does not have an interest in knowing who pays for a non-profit campaign that the government can enforce.
• It's the organization's choice.

• "The speaker controls the message in America."

Untermeyer Rebuttal:

Highlights:

• Belittles Avelar's examples.

• Empower Texans has more influence than NAACP in Alabama.

• TPPF doesn't get involved in elections, so who cares?!?

Avelar rebuttal:

Highlights:

• Most people believe in "privacy for me but not for thee."

• Non-profits can't have their main function be influencing elections.

• "Undue influence" standard "is dangerous."
• Legal morass

Untermeyer summation:



Highlights:

• "There is no public harm in disclosure."
• Author's Note: Talk about Chutzpah

Avelar Summation:

Highlights:

• ISIS attack in Garland proves how far people are willing to go to shut down speech.

• Americans are no more influenced by political ads than from commercial ads.
• You still need a good product underneath.
• cf. New Coke

Q&A:

Highlights:

• Disclosure laws have the greatest effect on small donors with regular lives.

• Political branches are full of incumbents.

• Untermeyer dodges Tony McDonald's question.

• Mozilla CEO was discovered by California disclosure laws.
• Untermeyer didn't care

• Internet has made donor intimidation much easier.
• There are groups that mine this data.

• Untermeryer: Donors to big, established organizations have more rights.

• You can evaluate speech on it's own merits.

First Amendment Tuesday: Fire the Coaching Staff?!?

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

First amendment Tuesday; it's certainly not boring!!!

Tony McDonald (Empower Texans) (Partial):



Highlights:

• Joe Straus doesn't care about conservative priorities.

• Every reform we're pursuing is opposed by someone whose livelihood depends on it.

• "From a day to day, bill to bill, perspective," lobbyists control the process.

Emily Kebodeaux/Jim Graham (Texas Right to Life), Tony McDonald (Reprise):

Highlights:

• We haven't heard a pro-Life bill on the floor yet.

• Explains Sunset process.

• J.D. Sheffield's five minute diatribe about how unborn babies had to be "dealt with" was complimented by Planned Parenthood.

• Four Price pulled the bill to protect Straus from having to overrule Trey Martinez Fischer's point of order.
• Cuts off members from being able to overrule Straus

• 2 hearings later this week.

• "Not one regular pro-Life bill has passed in Texas since 2003."
• Songram and HB 2 only passed because Rick Perry put his foot down.

• House only hearing watered down pro-Life bills; Senate has only heard one pro-Life bill period.

• Texas' national pro-Life ranking is falling.

• 600 bills have passed a chamber, only one on either life or 2A: "That's what they really think of the Republican platform."

• In the 570 days between now and next session, 120,000 babies will be killed if the legislature fails to act now.

• "If we do not win in the next 5 weeks, it is incumbent upon us to change the players on the field."

Texas Homeschool Coalition:

Highlights:

• SB 1543 by Perry has passed.

• Tebow bill had hearing in Senate.

• Parental rights bill has had hearing in both chambers.

Mary Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• Oppose HB 742 by Huberty.

• Marriage bills in Calendars.

• Todd Hunter's red card/green card system is their way of blowing us off.

First Amendment Tuesday: Six Weeks to Go

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

With the clock conspicuously ticking, this morning's First Amendment Tuesday detailed the slow walk conservative legislation is getting across the board.

Tony McDonald (Empower Texans):



Highlights:

• TMF's point of order was legit.

• In 2007, Tom Craddick fired the parliamentarian and assumed dictatorial control of the House.

• Of late, we've seen a return to that style of leadership under Straus.

• By ruling Stickland's amendment non-germane, Straus didn't have to provide an explanation the way he would have had to if there had been a point of order.

• D's threatened to break quorum over campus carry.

• At one point, there were 240 bills that had been passed by the Senate that we're sitting on Straus' desk; that number has come down slightly in the past few days, but not by much.

• HB 910 has to go through the Senate process ALL OVER AGAIN; thus it could take another month to get it to Abbott's desk.

David Walls (Texas Values):

Highlights:

• We have to get bills moving at this point in session.
• Author's Note: Not gonna happen.

• HB 3567, Pastor protection bill, up in State Affairs tomorrow.

• Revealing exchange last week between Bryan Hughes and Texas "Freedom" Network

Ann Hettinger (CWA):

Highlights:

• THSC's parental rights bill being discussed this week.

• We've yet to hear any abortion related bills this session.
• Author's Note: Technically, we haven't heard any meaningful pro-Life bills; a few of the "caption only" bills discussed below have had hearings.

Mary Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• Astonishing number of global warming related bills being heard this session.

• American Laws for American Courts is stuck in Calendars.

• EMP protection bills being heard in Senate today and House tomorrow.

Jim Graham:

Highlights:

• HB 3074 negotiations ongoing.

• Beware "caption only" bills -- Sound great but do nothing.

• Meaningful bills are getting slow-walked -- "Lets get these bills out of committee."

First Amendment Tuesday: Whatever week this is

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

Eventful First Amendment Tuesday this morning:

Tony McDonald (Empower Texans):



Highlights:

• Craddick previously fired a parliamentarian.

• Stickland's amendment is germane.

• 10 members can appeal the ruling of the chair.

• If they kill constitutional carry, hold them accountable.

Jim Graham (Texas Right to Life):

Highlights:

• HB 3704 by Drew Springer -- Bad Bill (at least in its current form)
• Death Panels redux
• Bill has 5 GLARING "exceptions.

• "We're up against big medicine."

• Tan Parker attempting to pass pro-life consensus bills.

• Beware "caption-only" messaging bills.

• 1 solid bill that makes it's way through the process can save 10,000 to 20,000 lives annually.

Jonathan Saenz (Texas Values):

Highlights:

• You can meet with members outside the House chamber.

• "We don't know what the Supreme court is going to do on the marriage issue."

• Bill filed yesterday on religious freedom issue.

• HB 2801 up tomorrow in state affairs: Keep bathrooms to your birth gender.
• Author's note: SIGH...how is this even an issue?!?

Pat Carlson (Texas Eagle Forum):

Highlights:

• American laws for American courts pending in committee.

• HB 1835 -- Good toll road bill.
• Tolling existing roads is double taxation.

• EMP protection bill hearing tomorrow.

First Amendment Tuesday: Week 11

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

Update (7:01 pm): An in-district source informs us that Isaac intends to vote no on the anti-School Choice amendment; we will observe and note accordingly.

Today is budget day in the Texas House; the LLP coalition outlined both opportunities and pitfalls to this process presents.

Tony McDonald (Empower Texans):




Highlights:

• A lot of the amendments the House of Straus will consider today deal with defunding border security operations and pro-Tenth Amendment litigation.

• John Otto wants to add at least $800 million (and possibly as much as $3 billion) to public education.

• Can't trust the order in which they release amendments.

• Calendars committee can set rules for floor debate.

• You have to find savings for new spending but (new this session) you can cut without plowing savings into other programs.

• Major events trust fund -- Tried to give NASCAR ex post facto subsidies.
• Unconstitutional, but the House didn't care and measure passed with 120+ votes.

Ann Hettinger/Michael Quinn Sullivan/Tony McDonald (reprise):

Highlights:

• 892 failing schools  in Texas.

• Amendment 148 anti-School Choice.
• Jason Isaac plans on voting for Amendment.
• (512) 463 - 0647
• @ISAACforTexas

• House Leadership will "motion to table" good amendments.

• John Zerwas' medicaid expansion shenanigans last session (no, not his shenanigans this session) was done through the amendment process.
• For two hours, Texas had been sucked deeper into Obamacare.

Mary-Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• Marriage bills left pending; ditto ALAC.

• SB 1340 (Huffines) to eliminate red light cameras still in limbo.

First Amendment Tuesday: Week 10

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

First Amendment Tuesday hit it's high-water mark for attendance this session earlier today.

Tony McDonald (Empower Texans):



Highlights:

• Citizen activists are not lobbyists.

• Amendment process
• You can't do it with any bill.
• Prevents Massive "Christmas Tree" bills a. la. D.C.
• Bills have to be limited to one topic.
• Ultimately, the members decide a point of order.

• Members frequently leave legislation pending after a committee hearing; you shouldn't get suspicion until it's been left pending over a week.

Jonathan Saenz (Texas Values):

Highlights:

• Religious liberty amendment borrows language from Hobby Lobby case.

• Religious liberty involves telling government TO STOP ACTIVITY.

• Jason Villalba dropped religious liberty amendment, Matt Krause picked it up.

• Bill in State Affairs on Marriage tomorrow.

• Texas Association of Business thinks government power should trump religious rights.

• "Apparently, the Texas Association of Business thinks religious liberty is bad for business."

Cathie Adams (Texas Eagle Forum):

Highlights:

• Recaps toll and marriage rallies.

• "Without marriage, America implodes."

• HB 1745 by Bell, hearing tomorrow.

• American laws for American Courts (ALAC) getting hearing today.
• 10 other states have passed it.

• "A test is valuable, an 'assessment' is devious."

Ann Hettinger (Concerned Women for America):

Highlights:

• CWA also supports ALAC.

• ALAC is about protecting women.

• School choice hearing at 9AM Thursday.

Jeremy Newman (Texas Homeschool Coalition):

Highlights:

• Parental rights restoration
• Protects single parents.
• Grandparents frequently do this in cases of homeschooling.

First Amendment Tuesday: Week 9

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

Several interesting developments at First Amendment Tuesday this morning:

Tony McDonald (Empower Texans):



Highlights:

• You are not a lobbyist.

• There are people in government who want to shut effective people down.

• Bad but not big legislation passes all the time.

• Germaneness -- Can't do mishmashed Christmas tree style bills the way they do it in D.C.

• Byron Cook isn't a communist; communists believe in things!!!

David Walls (Texas Values):

Highlights:

• Showing up makes a difference.

• Communicating with staff is fine (and sometimes better).

• If you have a personal story to tell, you should testify; if you don't, simply registering your position is fine.

• Krause has picked up religious liberty amendment.

• TAB -- Apparently "Religious Liberty is bad for business."

• It's concerning that House state affairs is already hearing bad bills.

Emily Horne (Texas Right to Life):

Highlights:

• All of RTL's bills have been filed.

• 2 bills on end of life.

Mary-Lynn Gerstenschlager (Texas Eagle Forum):

Highlights:

• 401 bills on education filed.

• Texas Eagle Forum against all pre-K bills.

• Zerwas is pushing an HPV bill.
• Author's Note: Sounds like too much government action involving too many agencies for a cause that isn't worthwhile in the first place.

Steven Housely (Texas Homeschool Coalition):

Highlights:

• Tebow bill ongoing.

• Parental rights restoration waiting on hearing.

First Amendment Tuesday: Week 8

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:19

Life, Liberty, and Property held the most interesting First Amendment Tuesday of the session so far this morning:

Tony McDonald (Empower Texans):



Highlights:

• Texas is a one party consent state when it comes to recording conversations.

• Michael -- On recording, you should use discretion; don't burn someone unless the juice is worth the squeeze.

• House and Senate have different rules.

• Campaign restrictions on using legislatively produced video are unconstitutional.

David Walls (Texas Values):

Highlights:

• #TXLEGE guide out.

• Best to show up in person.

• "Government goes to those who show up."

• Simple, one-page, handout.

• Just a few minutes of focused activism can make a huge difference.

• It's an easy excuse for legislators if our side fails to show up.

• SJR 10 -- Religious Liberty Amendment.
• Texas Association of Business joining the usual suspects of far-left organizations to oppose religious liberty amendment.
• TAB backs Planet Fitness policy.

Mary-Lynn Gerstenschlager (Texas Eagle Forum):



Highlights:

• HB 2054 (Tinderholt) -- Fighting human trafficking.

• SB 344 (Hall) -- Restricts Eminent Domain abuse by toll road authorities; hearing at 8AM tomorrow.

• Opposition to Sarah Martinez Tucker
• U.T. can set up Common Core compliant charter school in any county they hold a campus.

Ann Hettinger (Concerned Women for America):

Highlights:

• Against all the bad pre-K bills.

• Pre-K adds (at least) $1.4 BILLION to budget every year.

• Kids don't need to be in a government school setting at 4 years old.

• Possibility of children as young as TWO being taught sex ed.

• Why are we giving failing schools more children?!?

Texas Homeschool Coalition:

Highlights:

• Not much has changed since last week.

• Parental rights bill -- Family law Foundation has filed bills to expand loopholes.

Jim Graham (Texas Right to Life):

Highlights:

• Zerwas and Schwertner attempting to bring in Obamacare via backdoor.

• Four corner strategy -- Slow walk everything and create manufactured crises at the end of the session.

• "I'm proud to have two RINO Senators heads on my wall."

• Texas has "to show the rest of the nation we can defeat the RINO establishment."

Controversial U.T. Regent Nominees face the music

"Ask, and it will be given to you; seek, and you will find; knock, and it will be opened to you."
Matthew 7:7

Betty King Room -- Earlier today, the Texas Senate nominations committee held a confirmation hearing for Governor Abbott's controversial U.T. regent nominees.  The nominees faced a number of difficult questions from Committee Chairman Brian Birdwell, along with fellow committee members Konni Burton and Van Taylor.  Senator Charles Schwertner, who has taken an interest in higher ed issues this session, spent more time at the hearing than several committee members.

Regent nominee Steve Hicks was the first to testify, A known defender of Bill Powers, Hicks is the only current nominee being re-appointed.  While Hicks confessed that undue influence in the admissions process is undesirable, he nonetheless made the excuse that Powers was "the only one who sees the whole field of battle."  Hicks also denied the obvious similarities between the current issues at U.T. and the 2009 scandal at the University of Illinois.  Under questioning from Senator Burton, Hicks defended his vote against investigating the law school's secret "forgivable loan" program.  Hicks also made the absurd claim that while regents are supposed to "ask tough questions," they are subsequently expected to accept whatever answer the administration gives them.  Hicks could not provide answers to Senator Schwertner's questions about accounting gimmicks used to keep tuition "artificially low."

Nominee Sarah Martinez Tucker, who has come under fire for supporting Common Core, was up next.  Asked about the forgivable loan program, she explained "I don't have a lot of specifics," which makes one wonder how she will perform her duties if she can't prepare for an obvious question in a confirmation hearing.  Asked about her support for the controversial educational program, Tucker explained "I APPLAUD COMMON CORE."  Pressed to explain, Tucker made vague claims about Common Core being bad for Texas but o.k. for other states.  Asked by Senator Schwertner about the role of the student loan bailout she helped engineer in 2008 in higher education cost explosions, Tucker unconvincingly attempted to shift blame to the Obama administration.  To her credit, Tucker spoke favorably about zero-based budgeting for the U.T. system.

David Beck faced the most intense questioning.  Beck was a key player in creating the afore-mentioned forgivable loan program, and was mentioned by name in a scathing Attorney General's report released last year.  Pressed by lawmakers, Beck claimed "we can't compete" in retaining faculty with public compensation.  At issue was an undisclosed "deferred compensation" agreement with lame-duck university president Bill Powers during Powers' previous tenure as law school dean.  Beck told Senator Burton he had assumed that off-book compensation agreements had made their way up the chain of command.  As Senator Schwertner told Beck, seven years is a long time to not know the details of a compensation agreement not going up the chain of command.  Beck was also unable to answer questions about cutting university costs, although he did oppose a tuition increase "at this time."

Tony McDonald testified against all three nominees.  McDonald, who was a law student at U.T. during the height of the forgivable loan scandal, discussed professors of his who were visibly distracted by it.  Regarding Hicks, McDonald objected that he could not clean up a mess he helped create.  McDonald also explained that off-book compensation was not subject to open-record's laws.  Finally, McDonald chided Beck for "a shocking refusal to take responsibility" for his role in creating the mess.

The committee adjourned following testimony; no vote on the nominees has been scheduled.

Today's hearing asked difficult questions of these controversial nominees.  The committee maximized this point of leverage.  The nominees answers left much to be desired, but at least they were asked to the questions.  Kudos especially to Senators Burton and Schwertner for their question.  It's a start....

First Amendment Tuesday: Week 5

"and for me, that utterance may be given to me, that I may open my mouth boldly to make known the mystery of the gospel,"
Ephesians 6:12

Life, Liberty, and Property coalition held this fifth "First Amendment Tuesday" this morning:

Michael Quinn Sullivan (Empower Texans):



Highlights:

• State of the state today.

• Abbott's transportation plan.

• Significant Tax Relief.

• Constitutional spending limits.

• Whole section on the border.

Tony McDonald (Empower Texans):

Highlights:

• Committees will post hearings 5 days in advance.

• Guests in the gallery must maintain decorum.

• Friday is the deadline to file bills if you want them to have a realistic chance of passing.

• Don't buy stuff for state employees.

• Began to discuss amendment process.

Emily Horne (Texas Right to Life):

Highlights:

• Online registration for or against bills.

• You only get a few minutes to testify, plan in advance.

David Walls (Texas Values):

Highlights:

• Faith and Family day next Tuesday.

• CWA has a dinner Monday night.

• Briefing in Capitol auditorium with Abbott.

• Rally w/ Patrick.

• Legislative Guide is almost ready.

• HB 623 (Bell) -- Would defund rogue county clerks from issuing homosexual "marriage" licenses.
• Current laws don't have teeth.

Jeremy Newman (Texas Homeschool Coalition):

Highlights:

• Tim Tebow bill designed for rural areas.

• Aycock killed the bill last session.

• Expect bills to sail through Senate.

• Homeschool leagues frequently don't offer access to the same scholarship opportunities.

• Parental Rights Restoration Act
• Amends "Grandparents access statute." re: Single Parents
• Single parents are frequently targeted when there's bad blood.
• The goal is to make them go bankrupt fighting.
• "Family law" groups are primary opposition.
• Last session, parents testified on good bill; lawyers testified on bad bills.

Michael Quinn Sullivan; Part 2:

Highlights:

• Abbott endorsed Patrick's position re: DPS on border.

• Straus refused to fund border operations past March last year.

Gio Gets Played

"The wise shall inherit glory,
But shame shall be the legacy of fools."
Proverbs 3:35

On Wednesday, Joe Straus released committee assignments.  While predictably awful, they were also revealing.  For obvious reasons, Gio is a case in point.  According to the legacy GOP narrative, Gio got 'plum' assignments on Appropriations and Local and Consent.  As the concern trolls at Texas Observer so 'helpfully' explain:

But Giovanni Capriglione, a Republican from the Metroplex who bucked his tea party supporters and loudly supported Straus, came out of his ordeal pretty decently. He sits on Appropriations, Local and Consent Calendars, and Investments and Financial Services—the last committee is sought-after for its members ability to raise money from the many well-heeled outsiders who have business before it.

But all is not as it seems.

An individual member makes little difference on any given committee (ESPECIALLY Appropriations).  What matters is the chairmanship and the composition of the committee.  Looking at Gio's committee assignments in context makes it obvious that he will be irrelevant on his 'plum' committees.

Empower Texans and YCT produce the most reliable conservative policy indexes in Texas; their 2013 rankings illustrate Gio's folly:

[Author's note: With a 94.4 from Empower Texans and a 92 from YCT, Gio had the highest score on either index.]

Appropriations:

• Chairman score: 35.5 ET; 41 YCT.

• Committee Average (with Gio): 40.5 ET; 40.1 YCT.

• Committee Average (without Gio): 38.1 ET; 37.8 YCT.

Local and Consent:

• Chairman score: 22.2 ET; 15 YCT.

• Committee Average (with Gio): 51.8 ET; 51.7 YCT

• Committee Average (without Gio): 48.2 ET; 48.4 YCT

• Committee Average (without Gio, Jason Isaac, or Drew Springer): 39.7 ET; 34.8 YCT. (*)

Bottom Line: Having a "seat at the table" is irrelevant.  Even if you get a "seat," leadership will stack the remaining "seats" at said "table" to make your "seat" meaningless.  Anyone who believes otherwise is a sucker.

Methodology Below:

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* -- While we we didn't calculate their respective committee averages, a glance at Jason Isaac's and Drew Springer's assignments reveals a similar phenomenon.

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From the great minds think alike department, Tony McDonald likewise observes:

The media were quick to point the finger at those conservatives who had stayed true to their convictions and supported Scott Turner for Speaker. These members were “foolish” and had allegedly been punished with “bad” committee assignments, while members who sold out their principles and constituents were lauded for reaping great “rewards.”

To paraphrase a quote from Ronald Reagan, “It isn’t so much that the liberal media is ignorant. It’s just that they know so many things that aren’t so.”

The reality is that the Speaker and his allies engage in a false barter with members. It reminds us of the trade offered by Bart Simpson to his father, Homer: “I’ll trade you this delicious doorstop for that crummy old Danish,” offered Bart. In much the same way, House leadership, the media, and the lobby are all busy telling members that they will really enjoy a spot on a “powerful” committee if they will just trade in their crummy old ability to vote “no.”

A “coveted” spot on House Appropriations is put up as the sweetest plum of all. Many in the media were quick to latch on to the fact that Rep. Giovanni Capriglione, who infamously turned his back on his former conservative ally Scott Turner at a local Tea Party meeting, was given a spot on the “budget writing” committee.

However, as we have pointed out before, members on the Appropriations Committee don’t actually write the budget. That task is reserved for a small handful of appointees to the Legislative Budget Board (LBB) and the bureaucrats they employ. After the budget is released by the LBB, the Appropriations Committee members meet early and often, but only end up tinkering around the edges of the initial document. Then, after both chambers pass the budget, it is sent to another small hand-selected group on the conference committee who largely rewrite the document as they see fit.

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Update: Another funny note is that Gio, Isaac, and Springer were the only low-threshold conservatives to get on any of the important committees; the rest were shut out completely.