Thoughts on the new Longhonrn Basketball Arena

"Concerning this temple which you are building, if you walk in My statutes, execute My judgments, keep all My commandments, and walk in them, then I will perform My word with you, which I spoke to your father David."
1 Kings 6:12

Well this is all sorts of interesting:

AUSTIN, Texas — The University of Texas at Austin (UT) and a group led by the Oak View Group (OVG) will build a world-class arena on campus that will be home to Texas Men's and Women's basketball games, graduations, concerts and other events. It is expected to be opened in 2021.

The innovative 35-year agreement between UT and ArenaCo — which includes OVG, Live Nation, C3 Presents and Matthew McConaughey — will be groundbreaking in college athletics and provide a public benefit for UT and the City of Austin for decades to come. The $338 million venue will be constructed on land fully owned by UT without using any university or public money.

The arena will be located on a current parking lot south of Mike A. Myers Stadium. It will replace the 41-year-old Frank C. Erwin Center, which will make way for the future expansion of the Dell Medical School. UT may be responsible for certain infrastructure improvements near the site to make it ready for construction.

....

The 10,000-seat arena will provide an intimate, state-of-the-art men's and women's Longhorn basketball fan experience and feature student seating surrounding the court. Much like how the Erwin Center currently operates, the new venue will be a prime location for university, campus, community and high school events. Additionally, the new arena is designed to expand to 15,000 seats and will provide a world-class venue for touring concerts and shows.

[Note: Emphasis added.]

 Thoughts:

• That no public or university funds will be used in constructing the area is awesome.  There's also (unlike certain other local sports related construction projects) no land giveaway.  In other words, this might actually be a good deal for the public!!!

• That being said, C3 doesn't exactly have the best record, so only time will tell.

• We didn't realize the Erwin Center's age.

• The fluctuating seating capacity alleviates our biggest concern.  10,000 seats is plenty for the overwhelming majority of basketball games.  As long as they're willing to use the extra seating capacity when a major opponent comes to town (eg. Kansas or OU), ticket prices should remain reasonable.

• Shaka's seat just got a lot hotter.  Ain't no way the university will be satisfied with the current inconsistent play heading into a new arena.  Rebuilds take time.  Three years is just enough time for a new coach to implement his system.

Bottom Line: Time will tell if this proposal ends up being too good to be true, but at first glace it looks pretty awesome.

#TXLEGE: Income Tax fight is important Economically (and smart politics)

"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

Jeff Leach and Greg Abbott made interesting news this week:

AUSTIN -- Months after Gov. Greg Abbott floated the idea of changing the Texas constitution to eliminate the possibility of a state income tax, a Plano lawmaker has filed a resolution in the Legislature that would do just that.

"We must continue to pursue and advance policies that protect and strengthen the Texas Miracle, starting with ensuring that Texans can keep and control more of their hard-earned tax dollars in their own pockets," State Rep. Jeff Leach said in a news release Tuesday.

He said he wanted to make sure that "Texas taxpayers are protected from the possibility of the creation of a personal income tax - which would have disastrous effects on the future of our great state."

The news release carried a show of support from Abbott.

"Texans know far better than government how to spend their own money," Abbott said in the release. "That's why I applaud Representative Jeff Leach's proposal to amend the Constitution and forever eliminate the possibility of a state income tax. I look forward to working with Representative Leach to ensure Texas remains the best place to live and work."

This is smart.

Substantively,  constitutional prohibition of an income tax makes tremendous sense during a discussion of school finance.  In the past, bad things have happened when the legislature has tried to "solve" school finance.  That's how we ended up with the margins tax in the first place.  We really should constitutionally prohibit the worst tax policy mistake we might be tempted to make.

The politics of this issue are fantastic.  The issue is simple and easy for voters to understand.  Any potential contrast would likely be obvious.

None of the Democrats elected last fall want to take this vote.  Such a vote forces them to choose between their educrat/public sector union coalition and taxpayers.  In other words, Democrats would have to choose between their voters and the people who fund their campaigns.

Bottom Line: You might get long-term certainty on tax policy.  If not, you get a campaign issue.  Either is a win.

#TXLEGE: The case for THREE Legislative Priorities (in less than a sentence)

"Who among you will give ear to this?
Who will listen and hear for the time to come?"
Isaiah 42:23

Ken Zafiris is a local Trotskyiste gadfly.  The Sean Penn look-a-like is, basically, the Fidel Castro of the Austin ISD teacher's union.  Given this background, Zafiris' recent comments about the relationship between the Austin ISD budget and next legislative session are very interesting.

Specifically, Zafiris wants to force upon Austin ISD taxpayers:

• Prioritizing compensation increases for all employees, not just teachers; and 

• Proactive lobbying of lawmakers during the critical legislative session.

Zafiris wants to use classroom teachers as human shields to demand payoff to the bureaucracy.  Then, he wants to outsource his lobbying costs to taxpayers!  All while his union has their dues collection subsidized by taxpayers.

"For the children," natch.

Bottom Line: Should we congratulate him on hitting the anti-taxpayer trifecta?!?

Texas Alcoholic Beverage Commission: An ABOMINATION (only the Booze Lobby could love)....

"envy, murders, drunkenness, revelries, and the like; of which I tell you beforehand, just as I also told you in time past, that those who practice such things will not inherit the kingdom of God."
Galatians 5:21

Yesterday, TPPF released a report detailing the failures of the Texas Alcoholic Beverage Commission alongside proposed reforms the current sunset process can implement .  It wasn't pretty.  Highlights:

“TABC and the Alcoholic Beverage Code rely on outdated, Prohibition-era regulations that create inconsistent treatment between tiers and give one tier— the middle tier—tremendous power over the other two,” said Policy Analyst Carine Martinez-Gouhier. “The Sunset Staff Report generally goes in the right direction of a freer market, but some of its recommendations, unfortunately, go the opposite way, adding burdens and costs for businesses, and giving TABC additional regulatory authority, which would result in less, not more, consumer well-being. The deregulation of the alcoholic beverage industry would generate competition between all three tiers, which would benefit consumers in the process.”

The paper makes recommendations for improvements within the TABC and the Alcoholic Beverage Code while encouraging movement toward a freer market.

“Removing other responsibilities from TABC, such as the de­velopment and maintenance of a Special Response Team, would prevent the use of its limited resources for disaster relief or search and rescue operations for which it was never intended and allow it focus on enforcement of the Alcoholic Beverage Code that falls outside the abilities of local law enforcement agencies,” said Senior Researcher Randy Petersen.

Key Points:

• TABC and the Alcoholic Beverage Code rely on outdated, Prohibition-era regulations. 

• The three-tier system imposes a middleman, which gives one tier tremendous power over others. 

• Inconsistent treatment of upper tier actors with no benefit for public safety needs to be addressed. 

• A freer market will create more competition between all three tiers, leading to more and safer choices for consumers, lower prices, and better economic growth for the industry.

The TPPF report details a number of common sense free market reforms.  All of which would lead to greater choice for, and lower costs to, consumers.

Unfortunately, all of them threaten the booze lobby's government-mandated monopoly profits.

Thus, reform's chances are...uncertain at best.

Bottom Line: Next year's TABC sunset re-authorization is an interesting point of leverage. Unless you benefit from government protected monopoly profits, the status quo is indefensible. Solutions, meanwhile, are obvious.  It will be interesting to see if anyone takes advantage....

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The Full TPPF Report:

TABC Sunset Report by on Scribd

#TXLEGE: Is Schwertner in Deep Doo Doo?!?

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

Hoo Boy:

AUSTIN — The University of Texas completed its investigation on Tuesday into whether State Sen. Charles Schwertner sent sexually explicit messages — including photos of his genitals — to a student, issuing a report that neither fully incriminates nor clears the Georgetown Republican of wrongdoing.

The same afternoon, responding to a public record request, the university released the offensive text messages and LinkedIn messages that led to the probe. Schwertner told a UT investigator that the texts came from his accounts, but were sent by a person he knows and shared his user information with, but refused to identify.

Schwertner and his attorneys said the report served as vindication for their claims that he was innocent.

"I do not condone sexual misconduct of any kind. The University of Texas has closed their investigation because I did not send the offensive text messages in question," Schwertner said in a prepared statement.

The university reported it could not prove Schwertner sent the offensive messages, and a forensic investigation found that they did not come from his phone. However, the messages did come from Schwertner's Hushed account, a privacy app that allows people to send messages from separate phone numbers, and his LinkedIn account.

The UT investigation also described Schwertner as uncooperative and unwilling to be interviewed or answer questions about whether he had other electronic devices where the messages could have originated.

Schwertner's attorneys said in a statement that they prevented him from being interviewed by the university because they considered the school's investigative process unfair.

An attorney purporting to represent a mysterious third party, whose identity was never revealed to the investigators, at some point claimed responsibility for sending the messages. Schwertner told investigators he knew this unidentified person, and shared his user name and passwords with the individual, but refused to reveal their identity in the investigation.

The university investigative report acknowledged that the unnamed person might not exist.

"We recognize that it is plausible that the Respondent [Schwertner] sent the text messages and photograph from a device other than his personal cell phone and the third person claiming responsibility is being untruthful or does not exist, but we have no evidence to support those possibilities," the investigation summary reads.

[Note: Emphasis added.]

Yikes; this story looks worse every time we re-read it.

Two possibilities exist.  Either Schwertner is lying.  Or, he could be telling the truth.  Neither is good.

If Schwertner is lying, then a 48 year old male elected official sent lewd photographs to a female college student seeking professional advice.

That would be awful.

But consider what it would mean if Schwertner's telling the truth:

• Schwertner engages in enough encrypted communication with an unnamed third party that he gave the unnamed third party access to his encryption account.
  
• Who does that?!?

• Schwertner also gave the unnamed third party access to his LinkedIn account.

• Again, who does that?!?

• The third party in question had a motive to burn Schwertner in the most publicly humiliating way possible.
  
• What, as yet unknown, behavior on Schwertner's part could have produced such a motive?!?

• Even after having been burned in the most publicly humiliating way possible, Schwertner still refuses to identify the third party.

Pick your poison; neither one is good.

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That being said, this political cheap shot from the Democrats is cute:

On Tuesday evening, Texas Democrats jumped on the results of the report.

"These are not the actions of an innocent man," said Texas Democratic Party Executive Director Crystal Perkins. "Sen. Charles Schwertner is a liar and clearly unfit to serve in elected office."

Shut up.

You people haven't done a damn thing about Borris Miles.  You didn't lift a damn finger about Carlos Uresti until after a separate criminal conviction.  Yet, now you want to lecture the rest of us on sexual propriety?!?  Puh-leeze.

In a just world, Borris Miles and Charles Schwertner should probably both go.

In the real world, now that they're the political equivalent of "mutually assured destruction," Miles and Schwertner probably get away with everything.  We don't like it.  But that's reality.

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Bottom Line: You know it's a bad situation when you can't tell whether lying or telling the truth is worse....

#TXLEGE: Texas' Obamacare Victory Opens INTRIGUING Possibilities

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

Via Lauren McGaughy:

AUSTIN — Gov. Greg Abbott said Texas will work to pass its own health care law to replace the Affordable Care Act if it's ultimately struck down in the courts.

After Friday's ruling by a Fort Worth judge that struck down the federal health care law, Abbott said Monday he will consult with the Trump administration on immediate next steps while state lawmakers and regulators fashion their own plan to succeed it.

"As the ACA lawsuit goes through the appellate process, Texas will work with the administration to get appropriate waivers from federal law allowing insurers to provide coverage at lower rates while ensuring that Texans with pre-existing conditions continue to have access to quality health care," Abbott said.

"Additionally, Texas will begin the process of reforming state regulations and proposing changes to laws that will achieve those same goals. Importantly, Texas will strive to expand health care insurance coverage, reduce the cost of health care and ensure that Texans with pre-existing conditions are protected."

Abbott then tweeted Texas would "be ready with replacement health care insurance that includes coverage for preexisting conditions."

....

"It's time to get started now, not to wait for the ultimate outcome of this case," Rob Henneke, general counsel of the Austin-based Texas Public Policy Foundation, said in a call with reporters Monday morning. When Texas lawmakers convene their 2019 session in January, he said, they should be "looking at the issue of pre-existing conditions. We need to look at ways of creating guaranteed-protection pools."

Henneke added that states should prioritize "market-based solutions but also regulations that will provide for choice."

Good.  The Texas GOP's lack of vision on health care has been driving this author insane for several years.  This is true at both the state and federal levels.

Obviously, the medical establishment will fight reform.  But...so what?!?  In the language of godawful Capitol euphemisms, now is the time to "begin the conversation."

Then there's the fact that, you know, lack of vision on health care played a role in the Texas GOP's loss of standing with suburban voters.

Bottom Line: Last friday's ruling offers the Texas GOP an opportunity to make tangible progress towards health care freedom.  They should take it.  They might even discover voters like those sorts of things....

Apple "Deal" -- EVERYTHING wrong with Passive, Atrophied, Williamson County GOP

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

As we've considered this Apple "deal" over the weekend, one thought stands out: Where the heck is the Williamson County GOP?!?

We know the answer to that question.  We've discussed that question in the context of the Williamson County GOP losing the U.S. Senate race.  But, in action, it's still a sight.

Allow us to explain.

This Apple "deal" is going to be a tax increase for every Williamson County resident who is not affiliated with Apple.

The foundation of good tax policy is a broad base with low rates.  When you exempt one group from taxation, the way Williamson County intends with Apple, you have to raise tax rates on everybody else.  A narrower tax base means higher tax rates.

Tax "Abatements."  ARE TAX HIKES.  For 99%(+).  Of the community.

But, instead, the Republican majority Williamson County's commissioner's court wants to vote on this "deal" tomorrow.  Also lame-duck county judge's final meeting.  How fitting.

We're probably spitting into the wind; but, if anyone in WillCo wants to show a pulse, here's how we'd fight this Apple "deal":

1. Flood Tomorrow's Williamson County Commissioner's Court Meeting:
   
   Given short notice, 7 people attending tomorrow's meeting probably counts as a "flood."  The commissioners need to see community opposition.  Put them on notice.
   
   NOTE: Even if they can't attend tomorrow's meeting, WillCo residents really SHOULD contact their county elected officials.
   
   Dan Gattis (Outgoing County Judge): (512) 943-1550
   Twitter: @DanGattis
   
   Bill Gravell (Incoming County Judge): (512) 943-1501
   Twitter: @BillGravell
   
   Cynthia Long (WillCo Commissioner, Precinct 2): (512) 260-4280
   Twitter: @CynthiaLongTX
   
2. Petition Campaign:
   
   Any potential tax abatement "deal" with Apple really ought to be subject to voter approval.  Ideally, on the May 2019 ballot.  If May 2019 is too tall of an order, November 2019 is fine.
   
   Such a petition campaign would be similar to the one currently underway in Austin re: Soccer.
   
3. State-Level Pushback:
   
   Let's not kid ourselves: None of the above is likely to happen.  "Conservative leadership" in Williamson County has been a joke for a long time.  That being said, Williamson County is not the only jurisdiction this "deal" concerns.
   
   This "deal" remains, primarily, a State of Texas level "deal."
   
   If taxpayers statewide start raising hell about this act of larceny, any non-passivity that emerges in WillCo will be a bonus.
   
   Remember: Nobody thought we could beat Warren Buffett a year and a half ago....

Bottom Line: Apple's market cap is comparable to the GDP of the Netherlands.  They can afford to expand their existing facility without public subsidies.  It sure would be nice if an allegedly "conservative" political party would make this argument in its own backyard....