#TXLEGE: Bonnen's "no campaigning" edict violates Democrats' (*) First Amendment Rights

"Have I therefore become your enemy because I tell you the truth?"
Galatians 4:16

* -- Bonnen's edict violates the first amendment rights of all members, but for the purposes of this blog post we're elaborating on the Observer piece.

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The Texas Observer makes a really good point:

But soon after the session adjourned, Bonnen issued a thinly veiled warning to Democrats. In an interview with Texas’ major newspapers, Bonnen said that he expects all House members to refrain from campaigning against any of their colleagues — Republican or Democrat. “If you campaign against another one of your colleagues, two things will happen to you,” Bonnen said. “I will weigh in against you, and if I’m fortunate enough to continue as speaker, you will find yourself not well positioned in the next session.”

Democrats’ 2018 gains forced Republicans to finally address the rotten fruits of their decade-plus of legislative labor. Now, the speaker is demanding that the ascendant minority party disarm itself and maintain the status quo. According to the Dallas Morning News, when asked how a Democratic member charged with orchestrating a House takeover strategy in 2020 should proceed, Bonnen replied: “Move cautiously.”

Confession: We didn't think about it until the Observer brought it up...but "move cautiously" is a quite thuggish, mafiaesque, message for an elected official from the majority party to deliver.

Facing the best political environment they've seen in awhile, and are likely to see for awhile, members of the minority party are supposed to disarm?!?

Democrats are well within their rights, and if they have any self-respect they really ought, to tell Dennis Bonnen to pound sand.

Bottom Line: Bonnen's proposed aristocracy is bad for any number of people for any number of reasons.  Among those hurt are the minority party.  They ought not comply....

#TXLEGE: Barring a special session, Abortion Tourism is inevitably coming to Texas

"because, although they knew God, they did not glorify Him as God, nor were thankful, but became futile in their thoughts, and their foolish hearts were darkened."
Romans 1:21

Louisiana last night:

Louisiana's state legislature on Wednesday overwhelmingly passed a so-called "heartbeat" pro-life bill, becoming the latest in a slew of states to enact strict new restrictions on abortion that many conservatives have hoped will end with the Supreme Court revisiting its landmark 1973 Roe v. Wade decision.

Gov. John Bel Edwards, a Democrat, has said he will buck the national party establishment and sign the measure into law. Another Democrat, state Sen. John Milkovich, sponsored the bill -- underscoring the deep pro-life culture in Louisiana, even among liberal politicians.

The bill, which cleared the Louisiana House by a 79-23 vote, requires an ultrasound to be conducted prior to any abortion procedure being performed. If a fetal heartbeat is detected, the bill bans abortion unless, under penalty of perjury, the abortion provider declares the procedure necessary "to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman."

Which means Texas now has more permissive abortion laws that almost every neighboring state (except New Mexico) and the overwhelming majority of states within 500 miles.

[Note: While we're on the topic, it's worth pointing out Mexico's abortion laws are stricter than Alabama's.]

There's lots you can say.  Plenty already has been said.  We're sure more is coming.

But none of the commentary can change one new fact of life: A significant chunk of those abortions are coming to Texas.

It's a simple legal, and geographical, reality.

When that reality fully takes hold, the elected officials who allowed it will bear responsibility.  Whether this situation arose deliberately, or if it arose from ignorance, is irrelevant.  Reality will be reality.

However we got here, only one person can change that reality: Governor Greg Abbott.

Greg Abbott can call a special session.  We have the votes to pass any pro-life bill we want.  Of course, Abbott has already said he's not doing that.

Which means that, whenever abortion tourism inevitably rears its ugly head in Texas, Greg Abbott's gonna own those headlines.

Bottom Line: When you add the the legal reality to the geographical reality, the inevitable result is obvious...unless Greg Abbott wants to change that legal reality.

#TXLEGE: Larry Taylor's quiet revolution (Version 2.1) makes it across finish line

"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

[Note: You can see our original piece "Larry Taylor's quiet revolution" piece from last session (aka. Version 1.0) here; you can see our piece from three weeks ago "Larry Taylor's quiet revolution (Version 2.0)" here.]

Over the past several days, we've been discussing the final version of the school finance bill with those we trust.  The type of unintended consequences we most feared seem...unlikely.  That being said, we stand by what we said Saturday:

#TXLEGE: I have no specific objection to these bills, but I still think it's scuzzy y'all are voting on them without having read them.... https://t.co/rnPDXKHPvz

— cahnman (@cahnman) May 25, 2019

[Note: A 72 hour "reading period" for the final version of any school finance bill is something we originally called for two years ago.]

Even with all that, however, for two years we've had two non-negotiable demands on any school finance bill:

• Meaningful tax relief (aka. compression)

• Whatever new spending does occur needs to go to the classroom, not the bureaucracy.

Given that criteria, it's hard to see the final version of the bill as anything other than a net win.

But that wasn't originally supposed to be...

...and the only reason that result emerged is because the Texas Senate, whatever their (many) other flaws this session, held firm.

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Tax Stuff:

The original version of HB 3 provided miniscule tax relief.  The version of HB 3 that passed the Senate contained a meaningful amount.  The final version of HB 3 actually contains slightly more tax relief than the Senate version (through a different mechanism).

The only reason that happened is because Larry Taylor stared down Dan Huberty in that conference committee...and Dan Huberty blinked.

Period.  End of Story.

But here's where the final version of the bill is truly revolutionary: It creates a long-term mechanism for ongoing tax compression without creating an equivalent mechanism for new spending.

The practical meaning is that, in future legislative sessions, the default "do nothing" position will be further tax compression.  If the legislature wants to spend, it will now require an affirmative act.  Some sessions, they might do that, but they ain't gonna do that every session.

Over the medium to long term, the new funding formulas are going shift power from educrats to taxpayers.

And that's quietly revolutionary.

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Teacher Pay Raises:

We've said our piece on this topic.  We're not really crazy about the concept.  But we've seen worse.  It's a middle of the pack idea.

Middle of the pack > bad.

Given that they legislature seemed determined to spend Billions on "education" this session...this was about the most bland, inoffensive, way they could have done it.

Furthermore, within the context of the current system, over time this shifts power from educats to teachers.

The original version of HB 3, however, was a blank check for bureaucrats.  Dan Huberty wanted to spend astronomical amounts on all school district employees, not just teachers.  Had that version passed, we would have never recovered from the perverse incentives.

Bland & inoffensive > never would have recovered.

The long-term implications from this power shift within the ISD's remains to be seen, but they could be significant.

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Bottom Line: If you're a taxpayer or a teacher, you like this bill.  If you're a bureaucrat, you don't.  It'll be very interesting to see how this plays over time....

A-LIE-ance for "Life" LIES about SCOTUS order

"They are all adulterers.
Like an oven heated by a baker—
He ceases stirring the fire after kneading the dough,
Until it is leavened."
Hosea 7:4

The things you see scrolling through Twitter:

Supreme Court grants cert in IN humane disposition law, denies cert in IN law banning abortions for sex, race, and disability (similar to TX #SB1033). The 7th Circuit's ruling that struck down second law stands. Concurrence by Thomas. https://t.co/nwwJbg9HPC #TXlege

— TexasAllianceforLife (@TXAlliance4Life) May 28, 2019

Yowza...looks pretty convincing.

Until you read what SCOTUS actually said:

Page 11

Translation: The fastest way to get this case in front of SCOTUS is for the 5th circuit to produce a ruling at odds with the 7th circuit.

As for Justice Thomas:

Page 14

Translation: Justice Thomas is saying the opposite of what TAL's tweet implies.

Bottom Line: Reasonable people can disagree over the degree to which SCOTUS deserves deference, but we should at least tell the truth about what they actually say....

#TXLEGE: Not "worst session ever" (but still pretty dadgum uninspiring)

"Let us search out and examine our ways,
And turn back to the Lord;"
Lamentations 3:40

[Note: #TXLEGEwatch has a detailed examination of the session here.]

The 86th is over.  Some say it accomplished nothing, while others claim Texas just won the Super Bowl.  Both hyperbolize.

The truth lies between (though significantly closer to the former).

To call the legislature's results on property taxes and school finance "transformational" is silly.  They are, however, meaningful progress.  Just because legislators exaggerate does not change the fact that automatic rollback elections and automatic tax compression are reforms for which some people have fought for decades.

So one (possibly one and a half) cheer for the legislature.

That being said, they didn't deliver squat on any other major issue.  On medium tier issues (eg. marijuana reform), the pickings are likewise slim.  Minor accomplishments (eg. the so-called 'Born Alive' act) are spun into 'major' victories.

It reminds us of what a former Governor of Texas once said about the "soft bigotry of low expectations."

Bottom Line: White-hot rage is an overreaction, but a bright-orange sense of EXTREME irritation is entirely appropriate.

Every TAXPAYER in the state of Texas is now PAYING Art Briles

"Whoever is a partner with a thief hates his own life;
He swears to tell the truth, but reveals nothing."
Proverbs 29:24

Since they did it as a Friday Evening Holiday Evening document dump, you might not have heard:

On a Friday evening news dump just before the start of a holiday weekend, the Mt. Vernon Independent School district announced that it had hired ex-Baylor coach Art Briles to lead the Texas high school’s football team. Superintendent Jason McCullough said during a Facebook live session that the school board approved the hiring in a 7-0 vote.

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This hire comes nearly three years after Baylor fired Briles after an investigation found that the school had seriously mishandled allegations of sexual misconduct and violence against players on the football team. The Pepper Hamilton firm’s investigation found that 19 football players had sexually assaulted at least 17 women during Briles’ tenure with the team. One lawsuit against the program alleged that as many as 52 rapes occurred in that same span.

The press release that Mt. Vernon used to announce the hire unsurprisingly does not mention any of this in the slightest—the closest it comes to even mildly acknowledging some past issues is when it brings up the district’s Title IX coordinator—and it spits in the face of any allegations of misconduct with a collection of tone-deaf tidbits.

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The implications of this hire won’t be lost on anyone with even a minimal understanding of Baylor’s scandal. Bringing in Briles is clear proof that Mt. Vernon High School values winning football games over understanding the feelings and voices of sexual assault and rape survivors, especially those who attend that school. But it also shows that the powers behind this misogynistic decision are shriveling cowards because they tried to hide it in a Friday news dump. If the school had only taken the time it spent figuring out the best way to smuggle this news past the long weekend and instead used it to look up any number of coaches that did not oversee a program with widespread issues of sexual assault, they might not be in this mess.

This website's feelings about Art Briles are well known. They haven't changed.  There's a lot we could say, but we concur with Wescott Eberts:

Briles, for his part, also failed to publicly address the key concerns, just as he’s consistently failed at every turn to take accountability for his actions or express remorse about everything that happened. He remains completely unrepentant — apologizing for his mistakes should be the baseline, the absolute baseline, for getting a second chance anywhere in public life.

Read Wescott's whole piece here.

It's gets "better."

It's not just that Art Briles is back coaching football.  It's not even just that Art Briles is back coaching football despite having never accepted responsibility.  It that Art Briles is back coaching football despite having never accepted responsibility...and we're paying for it!!!

Say what you will about Baylor, but they are a private institution.  As such, they have a certain 'institutional autonomy' to make bad decisions.  Likewise, the Hamilton Tiger Cats (the Canadian team that tried to hire Briles in 2017).

But ISD's in Texas are public!!!  As in funded by taxpayers!!!  As in YOU!!!

Have you paid sales taxes in Texas in the past year?!?

Congratulations!!!

You're now paying Art Briles.

Bottom Line: For taxpayers to foot the bill for this wretched situation is yet another condemnable detail....

Roy's move toward sanity will beget Hysteria

"There is desirable treasure,
And oil in the dwelling of the wise,
But a foolish man squanders it."
Proverbs 21:20

In news that shouldn't be a big story, but is:

Rep. Chip Roy became the man who delayed $19.1 billion in disaster aid to communities throughout the country on Friday.

House leaders tried to pass a multibillion-dollar disaster assistance measure, by unanimous consent, but the Texas Republican objected on the floor.

Since House and Senate lawmakers have already left town for their Memorial Day recess, the objection likely causes a 10-day holdup in delivering aid that has already been delayed for five months amid cross-party sparring. The Senate passed the measure Thursday, with President Donald Trump's blessing.

The House could still pass the bill by unanimous consent next week, if no lawmaker comes to the floor to object.

Here's the truth: The real world consequences of any of this will be minimal...and anyone who tells you otherwise is manipulating your emotions for political purposes.

Period.  End of story.

Purported federal 'disaster relief' is a farce.  It's a hodge-podge of unrelated spending shoehorned into an emotionally compelling narrative.  So-called federal 'disaster relief' hurts the communities it claims to help.

Claims to the contrary are political hysteria.

Bottom Line:  There's no crisis.  There's just an excuse for federal spending.  Kudos to Chip Roy derailing this sham....