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.

The Friday Night Fight

A few more things worth noting as we move closer to the action.

They’ve sniped at each other from afar, blasted the airwaves with TV ads, held rallies, made phone calls and raised money.  Now, for the first time, the candidates for Texas governor will face each other in person in a live, televised debate.

Attorney General Greg Abbott, the front-runner, has the most to lose in the high-stakes Friday night encounter. The Republican is favored to win and has been limiting his unscripted public appearances lest he blow his sizable lead.

Despite his front-runner status and longevity in Texas politics, Abbott has only appeared in one formal TV debate as a statewide candidate — a 30-minute 2002 encounter with then-Democratic attorney general candidate Kirk Watson, the Abbott campaign confirmed.

I'm not sure how Abbott's campaign defines 'formal', but he did appear with Barbara Radnoksy, his Democratic challenger and Jon Roland, the Libertarian, on Houston public television's 'Red, White, and Blue' in 2010.  She called him "Rick Perry's consigliere".  I posted about it here; the video link is still alive.  It's accurate, however, that Abbott completely ignored David Van Os in 2006 (I know this because I helped run that campaign).  And Van Os also ran against Abbott in 1998, for the Texas Supreme Court, a contest I'm certain was covered in the same great detail as today's media does SCOTX races.  The scalding truth is that Greg Abbott has pretty much coasted through his several elections.  Not this time (even if the general consensus suggests it).

“For Abbott, it’s going to be seen more as a source of risk than opportunity,” said Jim Henson, director of the Texas Politics Project at the University of Texas at Austin. “He needs to stay on message for Republican voters and not produce anything that is a headline the next day that will disturb existing patterns.”

Or, in football parlance, Henson predicted Abbott’s strategy will be: “Play defense, declare victory and exit the field.”

Yeah, we'll see how that goes.  It should be fun to see if he can avoid screwing up.

The one-hour debate, hosted by The Monitor newspaper, will be held in the Rio Grande Valley at the Edinburg Conference Center at Renaissance this Friday at 6 p.m.  Davis won a coin toss and elected to take the first question.  Each candidate gets a minute to respond to questions, and the opponent will be offered a 45-second rebuttal.

There will be ample opportunity for fireworks when the candidates are prompted to ask their opponent a question.

Voters can tune in to a livestream of the debate at The Monitor newspaper’s website, themonitor.com.  TV stations owned by Sinclair Broadcast Group, including KEYE in Austin and WOAI in San Antonio, will also air the debate live, organizers said.

C-SPAN will re-broadcast the debate at 9 p.m. Central Standard Time on Friday, the network said.  The Monitor is sponsoring the one-hour debate along with KGBT Action 4 News, the local CBS affiliate, and KTLM Channel 40, the Spanish-language Telemundo TV station.  The candidates will be grilled by Action’s 4’s Ryan Wolf, KTLM’s Dalila Garza and The Monitor’s Carlos Sanchez.

So what about that polling, anyway?

...The best way to “know” what’s truly going on, besides polling everybody (or having an actual election), is to use an estimate based on the average (loosely speaking) of the public (i.e., non-internal) polls that have followed professional norms of disclosure. As already stated, one poll is usually pretty robust if that’s all you have, but two are better than one, and three are better than two. In the case of the Abbott-Davis contest, the averages show — even with intermittent polling from various sources — about a 12- to 13-point gap in Abbott’s favor.

This estimate makes a fair amount of intuitive sense, particularly if you factor in the margins of error in the public polls we have to work with in Texas. Polls come with a margin of error, which in most of the Abbott-Davis polling has been 3.5 to 4.5 percentage points. So a poll that posits an 8-point race could be a 4- or 12-point one, and an 18-point race could be a 22- or 14-point one. Based on previous vote margins in Texas (for example, Rick Perry’s 55-42 defeat of Bill White in 2010), a 12- to 14-point race — somewhere between the two numbers that have been so heavily reported — sounds plausible right now.

Noah said a few days ago that he thought it was ten.  Fifty-five to forty-two sounds about right to me today, same as Rick Perry versus Bill White four years ago as the TexTrib noted.

Senator Davis is going to have to break some huevos in order to scramble this race.

The Texas State Bored of Education

Yes, it's a headline I have used previously.  Sadly it remains apropos.  When you combine Republican straight-ticket voting with abysmally low turnout, this is what you get.

Amid uproar in conservative circles about perceived anti-American bias in the new Advanced Placement U.S. History course and exam, Texas on Wednesday moved to require its high school students to learn only state-mandated curriculum — not be taught to the national test.

The Board of Education approved a measure declaring that the history curriculum its members set trumps that covered by the AP history course created for classrooms nationwide. That class concludes with an exam that can earn college credit for students who score high enough.

The board must still take a final vote, but the measure's content isn't expected to change.

Just so everyone's clear, this is a similar problem -- but not the same one -- with respect to the ongoing controversy about what goes into the school texts in Texas.

The controversy stems from the recent overhaul of the AP test, administered by the New Jersey-based College Board, that was meant to de-emphasize memorization. The new exam will be given for the first time in May and includes a lengthy framework to help teachers better-prepare students for the requirements.

Conservative activists, though, have decried the new course, the teachers' framework and even the exam itself as rife with liberal themes and focusing on the negative aspects of U.S. history. Some have even likened it to "mind control" engineered by the federal government.

Board Member Ken Mercer, a San Antonio Republican, called for Texas to delay implementation of the new AP test in Texas. But since the board has no jurisdiction over a national test, members compromised with Wednesday's measure.

In 2013, about 47,500 Texas high school students took the AP History exam, and about 18,600 earned college credit. AP History students this year will still take the new exam, but will prepare for it by studying Texas-sanctioned curriculum.

Personal aside: I don't have children so I won't be having any grandchildren.  So conservatives ask me -- too often -- why do I care what they teach in public schools?  Why am I not busy complaining about the taxes I pay to school districts?  And such as that.

The answer is easy:  I don't want to live in a nation of morons and a state full of simpletons.

When conservative and religious extremists get elected to the Texas SBOE -- because of the afore-mentioned straight-ticket voting that isn't countered by the minority, the thinking class -- we get science textbooks that deny climate change, history textbooks that downplay segregation in the South, and social studies textbooks that allege that Moses was the father of American democracy.

Two things.

1.  When people say they don't vote, ask them why they want their school children taught that Jesus rode a dinosaur 6,000 years ago... when the Earth was first created by God?

The SBOE races on your November ballot might just be the most important ones.

2.  This goes well beyond making Texas a laughing stock.  It is understood in certain business and entrepreneurial circles that the low tax environment in the Lone Star State isn't enough to overcome the low education of its next generation of workers, to say nothing of the disservice already done to low-income and minority students.

An analysis from the state higher education board estimates that almost 6,000 additional students would need remedial education once they reached four-year and community colleges at a cost of $2.3 million annually as a result of altering the high school curriculum.

The talk of diploma endorsements has also raised old fears about the shuttling of minority and low-income students into vocational programs, a concern TEA chief (Michael) Williams often cites in public remarks.

John Fitzpatrick, the executive director of Educate Texas, which promotes college preparation and workforce development, said he worried the lower-quality classroom instruction students in poor, minority neighborhoods all too often received could be exacerbated by the new plans that provide more options for career and technology education.

“Having worked both as a school board member and a teacher, I also know too often what the default is," he told lawmakers.

See, there are even a few Republicans who get it.  If you really think Elon Musk decided to build his gigawatt battery factory outside of Reno because of a few extra tax breaks from the Nevada state legislature... then you might be a recent product of Texas public schooling.

It all starts with voting, folks.  And it ends with knowing who you are voting for.