Proposition 1: Texas state highway repair

Richard Whittaker at the Austin Chroncle with the helpful assist.

There's a multibillion-dollar transportation initiative on the Nov. 4 ballot. [...] State Proposition 1, which could put $1.5 bil­lion a year into road repair and maintenance. And chances are good that you have heard nothing about it.

Currently, what happens is basically that a portion of state gas and oil tax revenue goes into the Economic Stabilization Fund (better known as the "Rainy Day Fund"). If Prop. 1 passes, half that sum would move instead into the State Highway Fund. Unlike Austin's rail proposition, the money will not go to a specific project, but will be spent like any other revenue on the general upkeep and maintenance of Texas roads. Even should Prop. 1 pass, the results will be, at best, a patch job. Lawmakers heard last session that, if current hydrocarbon tax revenues hold, the measure will provide $1.5 billion a year. Unfortunately, the Texas Department of Transportation estimates it faces $5 billion a year in unmet needs.

There's lots of caterwauling from conservatives about fixing our roads -- generally directed at mayors and city councils because of the condition of local streets -- but the neglect of the state's infrastructure has produced a gaping pothole in the budget.

The public vote is an oddity, and nearly didn't happen. Austin Sen. Kirk Watson noted that, between the anti-tax, anti-fee, anti-toll, anti-rail, and anti-debt groups, "everyone had a way to be against whatever the funding was." Normally, constitutional amendments like Proposition 1 take place in the first election after the session in which the Legislature approves them; but knowing the measure was controversial, Speaker Joe Straus got lawmakers to delay it a year, so it would not endanger voter approval of the new $2 billion State Water Implementation Fund. Now the road funds are the only statewide proposition, and seemingly have fallen into oblivion.

"It's definitely flying under the radar," said Scheleen Walker, director of the Lone Star Chapter of the Sierra Club. The group has not taken an official position on the measure, instead concentrating on endorsements in local and statewide races. It's a complicated issue: Environmental groups generally are frustrated by the lack of rail and public transit options in the proposition, but then, congested roads generate more pollution. Still, Walker said she's been telling voters to ask themselves one simple question: "Is this the issue that you really want to tie up Rainy Day funds?"

Starting to see the big picture?  By refusing to raise gas taxes for twenty years -- a period of time that coincides with the takeover of state politics by Republicans -- Texas now has crumbling roads and bridges.  And as usual, blames Washington for it.

So why aren't Texans talking about the first serious investment in road infrastructure since the last gas tax increase, two decades ago? Watson suggests there's no spare political energy. He said, "There's been a few editorials, but it's all being subsumed in everything from the governor's race to, right here in Austin, the other Prop. 1" (the local transportation bond). He's still optimistic the measure will pass. "Most people, when they hear what the proposition is and does and will achieve, they'll go, 'well that's a no-brainer'."

It's somewhat revealing that well-connected Republicans are all in.  Even the most crony of conservatives are fully cognizant of the fact that the biggest obstacle to progress they must overcome is the "NO" caucus in their own party.

A handful of "Yes on One" groups have sprung up, most with strong links to the GOP: Former TxDoT chair and Gov. Rick Perry's chief of staff Deirdre Delisi sits on the board of Move Texas Forward, while Karen Rove, wife of Karl Rove and a heavy-hitting lobbyist in her own right, serves as treasurer of Texas Infrastructure Now. However, neither group has made a major splash. The most high profile campaigning has actually been from out of state: In July, Wisconsin-based Case Construction Equip­ment sent its Dire States tour, highlighting collapsing infrastructure, on a seven-day excursion to Texas in July, and returns on Sept. 22. Why does a Wisconsin corporation care about a Texas proposition? Spokesman Bill Elverman admitted that, in part, it's because they have large commercial construction customers in Texas. Yet there's also a worrying lack of national discussion about infrastructure investment. Congress is at an impasse over the Federal Highway Trust Fund, and Missouri voters recently rejected a temporary sales tax increase for bridge and road investment. By contrast, he called Prop. 1 "a very unique opportunity, because there's no new taxes and no tolls."

No taxes, no tolls, just spending our Rainy Day money.

If Watson is right, and voters approve the $1.5 billion a year this November, that still leaves the big question of how to cover the other $3.5 billion needed just to maintain the status quo. The Democrat will be pushing to end gas tax diversions ("I'm going to scream bloody murder to make that happen," he said, and he will seemingly have Straus' support). However, that would only raise another $1 billion, and Watson expects to fend off the only major suggestion coming from the right: Transfer all sales taxes on motor vehicles to roads. Continuing to advocate for fiscal transparency, Watson slammed that as just another diversion, one "that would blow a $3.2 billion hole in the state budget."

Republicans decry 'tax and spend', but their "cut taxes too much and keep spending too little" policies result in a poorer Texas for everyone.  Forcing them to manage the state budget by increasing a consumption tax -- just once in ten legislative sessions -- is too painful a price for them to pay, politically.  So we'll have to see what rabbits they can pull out of their hat next year to balance the budget.  There probably won't be any federal stimulus funds that can be moved around in order to put Texas in the black.

Maybe with all of the rain we've been getting this year, the Lege can kick the can down the road in dealing with the drought for a couple more years.  Yes! That's the ticket!

Update: More from Eye on Williamson on how Rick Perry sees it as part of his legacy.  Those glasses he's wearing are completely worthless.

Update II: "US highway funding is a hot mess, in one chart".

Payback, TXGOP style

When you go up against these thugs, you better be well-armed and well-prepared.

Nearly seven months after the 4th Court of Appeals ruled prosecutors had missed the deadline to file a contempt claim against local defense attorney Michael McCrum, the decision was reversed Wednesday by Texas' highest court for criminal matters.

The Court of Criminal Appeals opinion again opens the possibility that McCrum — currently serving as special prosecutor in the case against Gov. Rick Perry, who is also accused of professional misconduct — could spend up to six months in jail if found in contempt of court.

McCrum has denied any wrongdoing.

The Bexar County district attorney's office filed the contempt motion against McCrum in January, several months after a trial in which his client, Taylor Rae Rosenbusch, was convicted of intoxication manslaughter.

Prosecutors alleged McCrum had instructed Melanie Little, a punishment-phase witness who had served as Rosenbusch's addiction counselor, to “get lost for awhile,” turn off her cellphone and take a long lunch to avoid coming back to testify.

He was also accused in court documents of having told her “the DA was out for blood” and “wanted Taylor to be put away for a long time.”

A contempt hearing began in January, but it was halted after McCrum's attorneys took the case to the San Antonio-based 4th Court of Appeals, arguing that the state missed its deadline. The 4th Court agreed, ruling in February that the state was five days late.

The article goes on to detail some of the long-standing grievances between McCrum and the Bexar County DA's office.  Bad blood indeed.

The Fourth Court of Appeals, noteworthy for its seven women justices -- several are Latina -- has jurisdiction over thirty-two Central and South Texas counties, and the evidence suggests that it is a good mix of Democrats and Republicans.  The Court of Criminal Appeals is an entirely different kettle of (Republican extremist) fish.  Presiding judge Sharon "Killer" Keller is someone I've long blogged about; she has her own ethical challenges.  Three of the nine seats on that court are on your November ballot, and one of the Republican candidates, Bert Richardson, is the man who appointed McCrum special prosecutor.

That could make for some awkward moments next year in the CCA building.

I'd like to see more develop out of this investigation or hearing or whatever it may be called as it moves forward, but I expect McCrum and his counsel to be ready and able to defend his integrity, should the claims against him proceed.

I just don't think Rick Perry's indictments are going away so easily.

Update: More from Texas Lawyer.