#TXLEGE: This hemp/marijuana mix-up illustrates MUCH DEEPER Problem with Legislature

"He who is slothful in his work
Is a brother to him who is a great destroyer."
Proverbs 18:9

Statesman has a really good editorial on this industrial hemp/marijuana situation:

In their enthusiasm this legislative session to open up Texas fields for hemp farming, lawmakers ended up sowing a bumper crop of confusion among police, prosecutors and the public.

Now hundreds of marijuana cases are getting dropped across the state, and Texans are receiving mixed messages: Pot remains illegal, but you may or may not get charged for having it, depending on which county you’re in.

It’s the kind of bungled plot we’d expect from a stoner movie, not the state Capitol.

Legislators and Gov. Greg Abbott failed at one of the most basic aspects of passing a law: Making sure the tools exist to enforce it. In this case, House Bill 1325 by Rep. Tracy King, and sponsored by Sen. Charles Perry, defined legal hemp as having less than 0.3% of tetrahydrocannabinol or THC, but no one checked to see if police labs around the state were equipped to distinguish hemp from marijuana, which has a greater concentration of the euphoria-inducing THC.

Turns out, most agencies don’t have such testing available.

For years, law enforcement relied on simple field tests and drug-sniffing dogs to detect the mere presence of THC, not a certain concentration of it. Prosecutors also relied on the testimony of experienced officers that the substance they seized was consistent with marijuana. All of that is out the window now, because none of those methods can distinguish lawful hemp from outlawed pot.

Obviously, this story is amusing. The stoner jokes write themselves. Furthermore, the policy outcome is one this author has long supported.

That being said, there is a serious angle to this story: Legislative sloppiness.

While the hemp/marijuana slip up is humorous, the policymaking environment that enabled it is NOT.

The legislature routinely passes massive, complicated, bills without having a clue what they'll actually do.  Sometimes those bills have real world consequences.  Unfortunately, half-assed policymaking is a predictable consequence of the legislature's culture of entitlement.

Bottom Line: Routine failures at the basic blocking-and-tackling of legislating should disgust all Texans, even if the outcome in this specific case was funny.

#TXLEGE, #atxcouncil: Howard redirects boondoggle to a reasonably useful purpose

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

Longer term readers know that the so-called "Capitol complex" project is one of this author's pet peeves.  The TL,DR version is that it's silly to build luxury office towers for state employees on prime real estate that should be sold for residential/commercial development.  Making matters more infuriating, council granted the state a gigantic fee waiver on the project a couple years back.

Last night on Twitter, however, we learned that that last part has now been addressed:

Good:https://t.co/tt3Hp6ILkH

— cahnman (@cahnman) July 6, 2019

Clicking through the KVUE story, we learn:

In fact, the City and state have struck real estate and construction deals for more than 100 years. Most recently, in 2017, the Austin City Council voted to waive $6.8 million in fees, expedite permitting and aide in road closures and conversions so the state can transform Congress Avenue, north of the Capitol, into a massive green space called "The Texas Mall."

That deal in particular led Representative Donna Howard (D-Austin) to file House Bill 2977. The bill allows real estate deals between the state and City to have more flexibility and let Austin negotiate a credit with the state for the Texas Mall deal. The bill passed and was signed into law by Gov. Greg Abbott last month.

She also filed and passed House Bill 2978 to let Austin cash a credit in and gain an easement on land owned by the Texas State Library and Archives Commission. That easement will soon become a bridge connecting the mixed-use community The Grove at Shoal Creek – which is currently under construction – to the trail.

"The state legislature approved an easement on the State Archive tract, which is on the other side of Shoal Creek, to allow us to build a bridge over Shoal Creek. That bridge will connect the Shoal Creek Trail and Shoal Creek Boulevard to the project," said Robert Deegan, the landscape architect and planner for The Grove at Shoal Creek.

"This hike-and-bike bridge is a significant element of the Shoal Creek Trail Plan and we look forward to it happening," said Ted Siff, Board President of Shoal Creek Conservancy, in a press release. "It will be a wonderful benefit to the Grove residents, the surrounding neighborhoods and all Austinites who walk or bike."

The Grove developers will foot the entire bill and build the pedestrian and bike bridge and part of the trail.

Essentially, Howard's bill makes city taxpayers whole while state taxpayers break even.

All things considered, not the worst solution.

#TXLEGE: There's a reason why I respect you more than I respect 95% of the Republicans.... https://t.co/zH1kgRRz7o

— cahnman (@cahnman) July 6, 2019

Bottom Line: While the original shady real estate deal between the state and the city has not been undone, it's now relatively benign.

#TXLEGE: John Wray Departs (one term short of pension vesting)

"Marriage is honorable among all, and the bed undefiled; but fornicators and adulterers God will judge."
Hebrews 13:4

Fascinating:

State Rep. John Wray, a Waxahachie Republican, announced Wednesday he will not run for reelection to the Texas House in 2020.

"These elected jobs are not meant to be lifetime positions," Wray said in a news release. "It is time for me to return full time to Ellis County and join my fellow citizens to elect the next conservative state representative."

Wray was first elected to the lower chamber in 2014 to represent House District 10, a safe Republican seat that includes Ellis County and parts of Henderson County. During this year's legislative session, he served as vice chair of the House Public Health Committee.

There's nothing inherently wrong with a member deciding against reelection.  Still, the timing is...odd.  Why make such an announcement over a holiday weekend?!?

Furthermore consider: John Wray is one session away from having his state pension vest.  Yet, he's walking away.  Strange.

Bottom Line:  It takes a man of strong moral character to walk away from a public pension.  Perhaps John Wray is such a man.  Or, perhaps, there's more to this story....

Florida Man Brings Racket to Texas Republicans

"Beware of false prophets, who come to you in sheep’s clothing, but inwardly they are ravenous wolves."
Matthew 7:15

We had planned to take Independence Day off, then this happened:



Apparently, a single term former congressman who lost to a Democrat wants to be the next RPT chairman.

Your guess is as good as ours as to why.

Florida man's "announcement video," is a hot mess of patriotic cliches.  Apparently, today is America's birthday and the preamble to the constitution uses the phrase "more perfect union."  Florida man spent time in the military.

Beyond buzzwords, however, Florida man offers little rationale for his candidacy.

Florida man seems to be running as Dan Patrick on steroids.  Florida man has twice Dan Patrick's ego with half of Dan Patrick's wits.  Basic algebra thus suggests Florida man is a quarter-wit.

Unfortunately for Florida man, Texas Republicans only consider quarter-wits qualified for agriculture commissioner.

That being said, the biggest shame in all this is the missed opportunity.  RPT desperately needs an intellectually serious discussion about the mess in which our state currently finds itself and the path forward.  Unfortunately, Florida man seems clueless about what genuinely ails Texas.

As one example: During his 'announcement video,' Florida man talks about "defending the spirit of the Alamo" while name dropping William Barrett Travis.  That's all good.  Florida man might get a 'C' in 8th grade Texas history.

Unfortunately, the biggest current threat to the Alamo comes from a Texas Republican.

For Florida man to spout platitudes about the Alamo while ignoring George P. Bush tells you everything you need to know.

Bottom Line: No.

#atxcouncil: If the Austin Police Association is serious, NOW is the time to Recall Casar

"Walk in wisdom toward those who are outside, redeeming the time."
Colossians 4:5

By now, we assume you've seen the Facebook post heard round the state:

Note: APA doesn't allow embedding from their FB page, so a screenshot will have to suffice.

The Facebook post has got us thinking....

One of the worst kept secrets at City Hall is that APA has wanted to launch a recall campaign against Greg Casar for several years.  The history is complicated, but it created the current reality.  The Austin Police Association hates Greg Casar's guts and have wanted him out of office for several years.

Well, NOW's their chance....

APA will never have a cleaner shot at Casar.  He stepped in it with this homelessness ordinance.  APA has manpower to pull it off.

Bottom Line: The current situation sucks.  But it does create opportunity.  Those who are in a position to take advantage of said opportunity ought to do so.

#TXLEGE, #atxcouncil: Abbott needs to call a Special Session or SHUT UP re: New Homelessness Ordinance

"A fool vents all his feelings,
But a wise man holds them back."
Proverbs 29:11

Soo...this happened:

Abbott has zero credibility on this topic.  Like it or not, Greg Abbott allowed the so-called "sick leave" entitlement to stand.  If Greg Abbott wants his credibility back, he needs to call a special session.

The ironic thing is that Abbott now has all the grounds he needs.  While he recently said he wouldn't call a special, nobody anticipated this homelessness ordinance.  If Abbott were to call a special session now, the public would support him.

Because, right now, Steve Adler and Greg Casar are laughing at him:


via GIPHY


Bottom Line: There's a reason why nobody takes Governor Chick-fil-a McFoxNews seriously....

Rats Flee Sinking Ship of Paxton Prosecution

"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

Having had their taxpayer shakedown denied (all over again), Lauren McGaughy reports the predictable shoes dropping:

AUSTIN — One of the three attorneys pursuing criminal charges against Texas Attorney General Ken Paxton has stepped down from the case.

Last week, Nicole DeBorde filed a motion to withdraw from the case just a week after the state's top court thwarted the special prosecutors' attempts to retain their $300-an-hour pay rate. The presiding judge, Robert Johnson of Harris County, granted her request on June 26, according to court documents.

"As a result of a series of professional obligations over the past several months, the undersigned can no longer devote the requisite time and attention to discharging her duties as an Attorney Pro Tem in these matters," DeBorde wrote. "The undersigned has obtained the consent of her fellow Attorneys Pro Tem to her withdrawing in these matters."

This should surprise nobody.  Ken Paxton has already been cleared on identical federal charges.   We already know there was no underlying crime.  The only reason this case has continued to this point is because of the perverse incentives created by the special prosecutors fee structure.

With the fee structure removed, the special prosecutors have no incentive to continue the case.

Bottom Line: Lawyers who are confident in their case aren't afraid to work on a contingency basis....