The Weekly Wrangle

The Texas Progressive Alliance wishes it had as much vacation time as Congress as it brings you this week's roundup of the best of the left of Texas from last week.

Off the Kuff highlights the wit and hateful wisdom of Dr. Steven Hotze, one of the leading blights of the anti-gay movement in Texas.

Libby Shaw, writing at Daily Kos, believes there is a simple way to stop the controversial Tea Party candidate Dan Patrick from becoming the next Lt. Governor: Vote for Leticia Van de Putte. How are we going to stop Dan Patrick? Easily. Vote for Leticia.

From WCNews at Eye on Williamson: while Texas has been prosperous in recent years, the prosperity is not being enjoyed by everyone. Abbott's message is good news for corporations, scraps for the rest of us.

The only constitutional amendment on the November ballot commits over a billion dollars a year to state highway maintenance from the Rainy Day Fund. Some think that's a good idea, and some don't. PDiddie at Brains and Eggs thinks -- with the help of Sen. Kirk Watson -- that you should decide for yourself.

Neil at All People Have Value wrote that the recent terrible ambush shooting of Pennsylvania state troopers is believed to be the deed of an extreme anti-government individual. Neil says that police would be better served focusing on real threats than pepper-spraying Occupy Wall Street types or sending tanks to Ferguson, Missouri. APHV is one of many pages worthy of viewing at NeilAquino.com.

Dos Centavos has a couple of posts commemorating Hispanic Heritage Month.  And jobsanger has two photos from the Climate March in NYC yesterday.

With the first general election gubernatorial debate in eight years, everyone can agree that it was an exciting week in Texas politics. Texas Leftist has a full review of the contest. Who knew Greg Abbott was such a compelling liar?

Texpatriate had endorsements of one Republican and one Democrat, two Q&As from Harris County judicial candidates, and also responded to the Houston Chronicle's four judicial endorsements.

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And here are some posts of interest from other Texas blogs.

Tar Sands Blockade has pictures and accounts from their protest last week at the Houston headquarters of Enbridge, which has opened a pipeline to do what Keystone XL has been stopped from doing.

Better Texas Blog presents a report showing the large impact that medical bills resulting from a visit to the emergency room can have.

The Texas Election Law Blog catches Greg Abbott playing the race card in the followup to the Houston Votes story, while Nonsequiteuse pushes back on sexist tropes in the latest reporting of the Wendy Davis divorce settlement.

Newsdesk reminds us that the allegations Davis is making about Abbott in regard to the Texas Youth Commission sexual assault scandal go way back, and the questions she's raising have been raised before without being answered.  And Socratic Gadfly has the answer Davis should have given to Abbott's "Do you regret voting for Obama" question at last Friday's debate.

Grits for Breakfast puts the privately-run Bartlett State Jail on the list of facilities the Legislature might consider shuttering if they decide to close more prisons.

The TSTA Blog takes Texas Monthly's Erica Greider to task for buying into Republican flimflammery about funding cuts to public schools.

Stephanie Stradley tackles the complex question of what a sensible discipline policy for NFL players might look like.

Unfair Park highlights a video expose of crisis pregnancy centers, including one in Dallas.

TFN Insider noticed the reframing of the equal rights ordinance by the Houston Area Pastors Council, which now asserts that if you support the HERO, you are God's enemy.

Project Q Houston interviews Mel Gonzales, a transgender student who was named homecoming king at his high school in Sugar Land.

Sunday Funnies

A rope-a-dope

It was good to finally be able to watch a governor's debate in Texas.  It wasn't all that good to watch this debate.

Democratic state Sen. Wendy Davis came out swinging on issue after issue in Friday's debate against Republican Attorney General Greg Abbott, the front-runner in their race for governor.

From fair pay to the right to abortion, from the Voter ID law to education funding, to Abbott's comments about the border, Davis sought to portray Abbott as an official who "will favor his insider friends" rather than working for everyday Texans.

Abbott fended off the attacks calmly, painting himself as a warrior against an overreaching federal government while seeking to tie his opponent to an unpopular president, at one point asking Davis whether she regretted having voted for Barack Obama.

As I recommended, she broke some eggs... but as the Chron noted, Abbott remained calm, even confident.  If you didn't listen to the words he was saying, you'd never have the slightest suspicion he was a deeply crazy person.

Davis' delivery, an unquavering monotone, is somewhat robotic; her dry, flat presentation belies her fierce heart and determination.  Her case against the Republican was firm, factual, and direct.  And by full contrast, Abbott's relaxed demeanor shows the experience of a man who has argued before the Supreme Court.  Even as he dogwhistles to the TeaBaggers and pushes every one of the most conservative buttons, he's speaking carefully and smiles slightly.  Just one of the many lies...

"I'm in favor of requiring voter IDs," said Abbott. "Voter fraud is real and the voter IDs is the only way to stop it."

It was disconcerting to watch Wendy Davis win the debate on its merits even as she lost because her opponent simply dodged all of her punches.

The moderator, Ryan Wolf, was truly awful.  He screamed over Davis as she rebutted in the candidates' Q&A, an exchange he was compelled to acknowledge afterward that he was wrong about for not understanding the ground rules.  It made Davis look as if she was hyper-aggressive.  Abbott's campaign has already turned the focus to 'hysterical woman'.

Oh, could we complain about this format.  The only thing worse than funereal table cloths, two candidates at separate tables twenty feet apart, and three Valley journalists who didn't seem all that knowledgeable about state issues was the fact that none of the TV stations in Houston who were listed as carrying the live event actually did so (with the exception of Univision).

Suffice it to say that Abbott made no unforced errors, avoided any direct response to either his challenger's or the moderators' questions, spoke in platitudes about his Latina wife and the wonderful Texas economy -- a conservative tale as tall and false as they come, for a long time now -- and was thus able to roll off the field and declare victory.

It felt a lot like 2006, as when Chris Bell mopped the floor with Rick Perry's hair while Kinky and Grandma kicked the governor while he was down, and yet still won re-election (39%) because the majority of the electorate in Texas doesn't really care about any of this.

They're off watching high school football on a Friday night.  Which is the most perfect analogy of the next generation's brain damage in regard to civic affairs that can be observed.

More from the Startle-Gram, the Chronic, the AP via Indiana, Reuters, and Houston's KPRC.  Update: And Kuff, more succinct and still spot-on even without watching it.

One more of these at the end of the month.  Hope it's more watchable.

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.