Lord of the Idiots

The 2016 Presidential election has officially entered silly season. There are plenty of political issues on which, no matter how heated and recalcitrant my positions may be, I can understand that there are two realistic answers to the question. On others, however, the same simply cannot be said. Natural selection occurs, the world is more than 5000 years old and vaccines do not cause Autism. Just for good measure, the earth is also round and the sky is blue.

Unfortunately, two serious candidates for president from the Republican Party are having some serious problems accepting one of those axioms, specifically the one about vaccines. First, as The New York Times reports, Governor Chris Christie (R-NJ) defended parents who irresponsibly opt out of vaccinations such as measles for their children, saying that parents “need to have some measure of choice” in the matter. In doing so, he broke with President Barack Obama’s position, which is that all children should be vaccinated against preventable diseases.

Christie unsurprisingly received a barrage of criticism for his remarks, and despite attempts to walk back the remarks, the damage was done. But suddenly, a new contender has emerged: Senator Rand Paul (R-KY).

In an interview with NBC News, Paul spoke frankly about his views on immigration. A reputed civil libertarian, Paul took exception with the alleged individual liberty violations inherent in mandatory inoculations. Most troubling, Paul lent his support to the deleterious hoax that vaccines can cause profound mental disorders such as autism.

“I have heard of many tragic cases of walking, talking normal children who wound up with profound mental disorders after vaccines,” he said in his CNBC interview.

This doesn’t happen. He would have been better off saying that a magical unicorn deposits gold ingots in his backyard; at least, that way, nobody would have their health put at risk because of his baldfaced lies. There was one study linking Autism and vaccines (specifically the MMR one). It was discredited, many times. The doctor in question had his license revoked, and eventually retracted the entirety of his findings. It has since come out that he just fabricated the whole thing.

Why Paul, a medical doctor, would support such preposterous dribble is beyond comprehension.

Mandatory vaccinations should be self-explanatory. Individuals with compromised immune systems or other serious ailments often cannot manage the stress of receiving a vaccination (which is minimal for those with functional immune systems), so they must rely on herd immunity. Those who can vaccinate but do not selfishly put those who cannot at risk. It is not just foolish, it is negligent and hurtful.

I never thought we would actually have to defend the validity of the measles vaccine in a presidential election. What century is this? Say what you want about Rick Perry, but his unequivocal and succinct response to all this silliness was absolutely spot-on. His partisan compatriots should learn a thing or two.

Patrick finalizes Senate committees

The Texas Tribune reports that Lieutenant Governor Dan Patrick has finalized committee assignments in the senate for the 84th Legislature. Making good on two longstanding committees, Patrick both consolidated the number of committees and significantly reduced the number of Democratic chairs for those committees that remained. Three committees (Government Organization, Jurisprudence and Open Government) got the ax, and a further two committees (Economic Development and Natural Resources, respectively) were merged. This had the overall effect of slashing the total number of committees from 18 to 14.

All three folded committees had been chaired in the 83rd session by Democrats, as did a further three committees. Thus, 1/3rd of the committees had Democrats at the helm, roughly the proportion of the chamber controlled by the minority party. Patrick kept State Senator John Whitmire (D-Harris County), the dean of the chamber, in charge of the Criminal Justice Committee, a position he has held for many years. He also tapped State Senator Eddie Lucio Jr. (D-Cameron County) as the chair of Intergovernmental Relations, a rather low-ranking post. Reportedly, this was an olive branch extended to the upper house’s most centrist Democrat. Lucio was the one Democrat this past week to vote for the elimination of the 2/3rds rule, as well as for the omnibus anti-abortion bill HB2 (the one Wendy Davis filibustered) in 2013.

Among other important picks and retentions was State Senator Kel Seliger (R-Potter County) staying on as the chairman of the Higher Education Committee. Seliger has been, according to the Tribune article, an “occasional critic” of the Lieutenant Governor. He also is especially pro-Bill Powers and anti-Wallace Hall, for what it’s worth. State Senators Robert Nichols (R-Cherokee County) and Kevin Eltife (R-Smith County), respectively, also retained their chairmanships (Transportation and Business & Commerce, respectively).

State Senator Craig Estes (R-Wichita County), a two-time chair in the 83rd (Agriculture & Rural Affairs and State Affairs), was stripped of both titles. Harvey Kronberg at Quorum Report opined this could be because Estes was the sole Republican against the 2/3rds rule’s demise. Estes was replaced at Agriculture, Water & Rural Affairs by State Senator Charles Perry (R-Lubbock County), a freshman. I found it somewhat interesting and telling that the one freshman tapped was not a right-wing activist like State Senators Don Huffines (R-Dallas County), Konni Burton (R-Tarrant County) or Bob Hall (R-Van Zandt County), to name a few.

Finally, all eyes were on the Senate Education Committee, of which Patrick previously chaired when he served in the upper chamber. He selected State Senator Larry Taylor (R-Galveston County) as the replacement, which garnered a wide variety of responses. Breitbart Texas appears particularly stoked. Many observers prognosticate that Patrick — now flanked by Taylor — will pursue a wide variety of educational reforms, including a more extensive use of vouchers for charter and private schools.

Say what you want about Patrick, but his first few days in office have featured nothing but him staying true on his word. Unfortunately, that means he was not bluffing on the campaign trail about implementing a very conservative agenda if sent to high office.

This is just a preview of things to come. Patrick is looking more and more like a boisterous and powerful lieutenant governor (the anti-Dewhurst, if you will). Meanwhile, Abbott looks as though he may not continue Perry’s mega-powerful theme. Texas politics may very well regress back to the mean, with a more powerful lieutenant governor and a less powerful governor. Still, don’t be surprised if Patrick runs for governor (and wins) in 2018.

The Rick Perry legacy

Tomorrow, Governor-elect Greg Abbott will take the reigns from Rick Perry and officially become just ‘Governor Abbott.’ For the first time since the Clinton administration, Texas will have a new governor. Indeed, Perry has served in office for more than 14 years, shattering all the old records set by his predecessors.

I’ve been putting off writing about this, because I do not necessarily feel qualified to editorialize about political events that transpired in 2000 or 2001. I was six years old when Perry assumed office, so opining on some of Perry’s first acts would be a lot like my father talking about his experience in observing Dwight Eisenhower or Allan Shivers’ respective tenures in office.

Perry, of course, took office on December 21st, 2000, the day that George W. Bush resigned the governorship in preparation to become president. Perry had served as the Lieutenant Governor since 1999, and previously served two terms as Agriculture Commissioner from 1991 to 1999. He also served two terms in the Texas House of Representatives, from 1985 to 1991, the first two of which as a Democrat.

I’m not going to meticulously go over the ebbs and flows of his time in office, others have done a much better job at that. Rather, I want to examine two ideas about Perry that have always stayed with me from his time in office. Contrary to what some may expect from me, they are actually quite positive.

If this makes sense, Perry is an ideologue –but in a good way. When he first took office, his co-leaders were quite different. The Speaker of the House, Pete Laney, was a Democrat, and the acting Lieutenant Governor, State Senator Bill Ratliff (R-Titus County), was a tremendously moderate Republican who could absolutely not succeed in one of his party’s primaries today (think Nelson Rockefeller, except from East Texas). After the conclusion of the 77th Legislature in 2001, Perry vetoed a record number of bills. Even when compared to Ratliff’s successor, David Dewhurst, Perry was right-wing.

Today, however, Perry is seen as an establishment figure. Bud Kennedy at the Fort Worth Star-Telegram opined that he could run for president as the “anti-Cruz,” a more pragmatic establishment type. Compared to, as of tomorrow, Lieutenant Governor Dan Patrick or Attorney General Ken Paxton (or even Abbott), Perry is on the moderate side of his party. Obviously, the governor did not tack to the left in an era when so many others zoomed the other way. On the other hand, Perry has a firmly planted set of core beliefs, which does not change because of partisan winds. Love him or hate him, that’s an admirable quality, one that is less and less common in successful politicians.

Second, Perry — at his core — always appears to have all of Texas at heart. Sure, there was the rampant cronyism/corruption. But any even rudimentary student of Texas political history knows that is the rule and not the exception. Unlike Abbott or Patrick, in my opinion, Perry genuinely believed what he was doing would be good for the average Texan (as much as he may have been mistaken in some instances), not the average Republican primary voter.

I have found myself agreeing more and more with the band of Democrats who feel that Perry’s successors will be considerably worse than him, and we will one day covet the comparable pragmatism in the Perry administration. There is certainly some truth in this, but it is important to not get carried away.

Perry pushed through venal so-called “tort reform” that lobotomized much of our court system, including the resurgence of cruddy legal jurisprudence typically only found in Great Britain. He was instrumental in the horrendous gerrymandering scheme that reduced 90%+ of legislative districts to uncompetitive backwaters. More recently, he vigorously pushed the omnibus anti-abortion legislation that Wendy Davis filibustered and he attempted to coerce an unfriendly prosecutor into resigning by threatening (and following through) to veto funding (this is what he was indicted regarding).

Obviously, Texas can’t get much worse off on many fronts, but on others it surely can. Perhaps most horrifying about Abbott and his ilk is that they have no central moral principles, nothing preventing them from grandstanding and demagoguery in the face of an increasingly extreme minority that monopolizes the political process. When they start demanding book burnings or the rescinding of the bill of rights, Perry would have rightly put his foot down. Abbott and Patrick, to the contrary, I’m unsure about.

Adios, mofo. We’ll miss you (sort of).

Catching up, Part II

When it comes to state politics, if something feels different in the last couple of days, it is because things have — indeed — changed. A new crop of officeholders have taken office, namely Attorney General Ken Paxton, Comptroller Glenn Hegar, Land Commissioner George P. Bush, Agriculture Commissioner Sid Miller, Railroad Commissioner Ryan Sitton and a few new members of the Texas Supreme Court and Court of Criminal Appeals. In the next week, Governor-elect Greg Abbott and Lieutenant Governor-elect Dan Patrick, respectively, will assume their offices at the top.

Despite not yet taking office, both men have already staked out positions both toward the far-right and toward the middle (leaning a little more to the former option). First, as the San Antonio Express-News reports, Abbott went on the offensive earlier this week on what he called the “Californization” (Californication?) of Texas. Specifically, he took issue with municipal bans on tree-cutting, plastic bags and fracking.

Evidently, Abbott finds municipal bans on cutting down large trees uniquely objectionable, and he openly compared the practice to “collectivism.” He similarly fumed over municipal bans on single-use plastic bags, enacted in cities such as Austin and Laredo. The bag bans have particularly drawn the ire of legislators and politicos since they must spend so much time in the state capital. Finally, Abbott took a firm stance against Denton’s recent referendum to ban fracking within its city limits. Since the enactment of the ban in November, numerous legislators have filed bills to prohibit such bans statewide, and Abbott now looks amenable to signing such a bill.

All this being said, perhaps there is something to be said for Abbott having at least one pragmatic side in office. The Fort Worth Star-Telegram published an editorial examining if Abbott is coming around on medicaid expansion. The statewide sentiment has recently turned against the opponents, but I’d still say true expansion is a longshot. Back in November, I opined in The Daily Texan that this was a possibility nonetheless, well before anyone else did.

Moving onto Dan Patrick, he recently outlined his legislative priorities in a series of interviews. The Texas Observer reports that Patrick would be fighting for an ambitious conservative agenda while in office. The topics outlined were garden variety right-wing ideas involving tax cuts, immigration and school privatization, but a few novel specifics stood out. Among them was a proposal to rescind state funding for the Public Integrity Unit within the Travis County District Attorney’s office. The PIU, always overseen by a Democratic DA hailing from Austin, is typically a thorn in the side of prominent Republican officeholder, be it former Senator Kay Bailey Hutchison, former Congressman Tom DeLay or Governor Rick Perry.

The Texas Tribune also looks at Patrick’s historically animosity toward the Senate’s 2/3rds rule. For those of you playing at home, the 2/3rds rule is an anachronism for the chamber stemming back to when it was comprised exclusively of Democrats. It requires the votes of 21/31 senators to advance any particular piece of legislation during the regular session. Patrick will likely get the needed votes to lower that threshold to 19 votes, conveniently just below the 20 Republican votes in the upper chamber.

However, as the Brownsville Herald reports, Patrick could have at least something of a mind toward bipartisanship. State Senator Juan “Chuy” Hinojosa (D-Hidalgo County) has been selected as the President Pro Tempore of the chamber, meaning he would serve as the President of the Senate in the lieutenant governor’s absence.

Last but not least, as the Houston Chronicle reports, Agriculture Commissioner Sid Miller has dedicated his first official act in office to implementing so-called “cupcake amnesty.” About a decade ago, the Department of Agriculture (which has power over school lunches) opined against parents packing cupcakes and other sugary foods in their children’s lunches. The policy was quietly reversed last year, and now Miller is wishing to publicize the change. Miller also noted that he has set his sights on removing restrictions on sodas and fries.

“We’ve been raising big, strapping healthy young kids here in Texas for nearly 200 years and we don’t need Washington, D.C. telling us how to do it,” Miller said.

Glossing over the obvious problems with that statement, Miller made a lot of sense when he noted that local control should be trumpeted in these cases. Sadly, it seems that local control is not respected unless it is convenient for Republicans, as Abbott has clearly shown.

Jeb Bush 2016

The New York Times reports that former Governor Jeb Bush (R-FL) has taken the first decisive step toward running for president in the upcoming 2016 election. Bush created something called a “leadership PAC” that actively explores the possibility of running for president. It is tantamount in all but name to an Exploratory Committee, and few — if any — serious observers contend that there is a realistic chance he would not follow through and run at this time.

Bush, the brother of former President George W. Bush and son of former President George H.W. Bush, is largely seen as the continuation of a quintessential Republican establishment dynasty. While the family may have been, in some circles, considered on the rightward periphery of the party in 2000, times have markedly changed since that time. Specifically, since the advent of the Tea Party, Bush has been lambasted by the base of his own party as insufficiently conservative on immigration-related issues. Earlier this year, he even suggested unauthorized border crossings were an “act of love,” drawing the ire of the right-wing. Bilingual and the husband of a Mexican-immigration (additionally the father of Land Commissioner-elect George P. Bush), Bush is seen as a uniquely formidable Republican opponent for Democratic presidential contenders, namely former Secretary of State Hillary Clinton.

Prompted by Bush, a few other names have clamored to reiterate their longstanding almost-campaigns. The serious politicians who belong in that category include Senator Ted Cruz (R-TX), Senator Rand Paul (R-KY), Governor Rick Perry (R-TX), Senator Marco Rubio (R-FL) and Governor Scott Walker (R-WI), among other less glamorous options.

Last month, I prognosticated that Cruz has the best chance of the pack to be nominated, and I reiterate that comment again tonight. Make no mistake, the ultra-conservatives (Tea Party) are in firmer control of the party now than they were four years ago. They have only been enraged over the years as their preferred candidates have been cast aside in favor of comparable-pragmatists, such as John McCain and Mitt Romney, who then fell in the general election. Bush — or Governor Chris Christie (R-NJ), for that matter — will be shunned because he will be seen as a continuation of the “play it safe” strategy.

Of course, the success of a presidential candidate has little to do with ideology, because the American public does not care enough to understand said ideology. They care about the charisma and soundbites of the messenger. That is why Ronald Reagan beat Jimmy Carter in a way that Gerald Ford likely would not have, even though Reagan was significantly more conservative.

Much in the same respect, Cruz is a phenomenal messenger in a way that none of the other candidates are. Not since Joseph McCarthy have the Republicans had a national figure so comfortable with making things up and completely disregarding the truth without so much as a modicum of shame. The only difference is that the media is so impotent and feckless nowadays that there is no Edward R. Murrow to call him out. Cruz is confident, assured and smart, so the base in his party goes along for the ride, even though I think it is fairly obvious he would sell them out in an instant to further his own interest. When the time comes, I believe, the general public will similarly fall for him.

If the Tea Party is looking for a knight in shining armor, they will be sorely disappointed just about any way. Cruz may be appealing, quoting Cicero and all. But in the end, his most rapid supporters will just be muttering “Et Tu, Theodore?” At least Bush puts his cards on the table.

The Panetti execution

On Wednesday, Texas plans on executing a man named Scott Panetti. The underlying details of the capital murder in question have been delineated sufficiently previously, namely in an editorial I recently participated in for The Daily Texan, in which the editorial board not only argued for clemency in his case but for the abolition of the death penalty in general (something Texpatriate did last August). The basics are that Panetti, who murdered two people in the early 1990s, is severely mentally ill, to the extent that no reasonable medical professional could certify him as competent for execution under the standard set by the Supreme Court in the 2007 case of Panetti v. Quarterman.

And yet, perhaps unsurprisingly, Texas is soldiering on with the execution nonetheless. His attorneys, after reading about the tentative December 3rd execution date in the newspaper, quickly appealed up the ladder of the Texas appellate system. On Wednesday, the Court of Criminal Appeals (the highest criminal court in the state) ruled 5-4 against granting a stay of execution. The per curiam decision, however, did included the concurrence of the court’s lone ostensible Democrat, Judge Larry Meyers. As I noted in May, I’m not really a fan of Meyers, and there are plenty of Republicans on the court I like far more than him. They include Judge Elsa Alcaca, who wrote a blistering dissent, as well as Judge Tom Price, who wrote an individual opinion calling for the abolition of the death penalty.

Price, first elected in 1996, chose not to run for a fourth six-year term this year and will leave office in January. In his bombastic six page dissent, which you can find at this link, he explained in careful detail both his steadfast opposition to Panetti’s execution as well as to capital punishment altogether. One by one, Price dismantled the arguments for the death penalty, before chronicling his own personal journey. It is all eerily reminiscent of Justice Harry Blackmun’s big change of heart in the 1990s. Like Blackmun, Price will no longer “tinker with the machinery of death.” It’s a shame he won’t be on the court much longer, although it makes senses; no death penalty opponent could survive a statewide Republican primary.

Today, as the Texas Tribune reports, the Board of Pardons and Paroles voted unanimously to deny Panetti any type of commutation, clemency or reprieve. The only other state recourse would be one 30 day delay by Governor Rick Perry, which appears rather unlikely. Accordingly, Panetti’s lawyers have appealed the case to the US Supreme Court. Who knows what the Supreme Court will do, but the odds are placed squarely against Panetti in this instance.

This case, like most every other capital murder case, involves a totally reprehensible crime. Panetti brutally murdered two people. And while he is severely mentally ill, he is not so delusional that he literally does not understand the distinction between right and wrong. He understands, to some extent, that he erred in killing two innocent people.

All this is to say that I do not want him to spend any of his days as a free man. But the Supreme Court has held for many decades that a higher standard exists for capital punishment. And while I believe the barbaric punishment to be, in all cases, cruel and unusual, even tepid proponents should see that the execution of Panetti is wrong.

Texas Senate changes

The Texas Tribune reports that Comptroller-elect Glenn Hegar, also a member of the State Senate, has resigned his seat in anticipation of assuming high office. Governor Rick Perry has called a special election for December 6th, which will likely have to be resolved by a runoff election some point after the 84th Legislative session convenes at the start of next year.

The three candidates for the State Senate district, which stretches from Katy (Hegar’s hometown) to Corpus Christi to the outskirts of Austin (map here), include Gary Gates and Charles Gregory of Fort Bend County as well as State Representatives Lois Kolkhorst (R-Washington County). Needless to say, the huge district will continue to be dominated by its Greater Houston subdivision. No Democrats have, at print time, announced their interest in the district, and it is not outside the realm of possibility that none will run (the last time the district held an election, in 2012, Hegar ran unopposed).

Perhaps the bigger piece of news is some convincing evidence that State Senator Leticia Van de Putte (D-Bexar County), this year’s unsuccessful Democratic candidate for Lieutenant Governor, will in fact resign her senate seat to run for Mayor of San Antonio. I went over most of the odds-and-ends involving this possibility last week, when I emphatically opined against the decision. Selfishly, I think Van de Putte could continue being an asset for Democrats in this state as an articulate and highly-visible leader of the opposition against Lieutenant Governor Dan Patrick in the next session.

The source for this is Robert Miller, a lobbyist in Houston who has a history of breaking these types of stories via Twitter. The tweets were immediately confirmed by former staffers of Van de Putte. Miller, as you may remember, correctly pointed to Wendy Davis running for Governor in August of last year (Back when I thought she would only lose by eight-to-ten points, how naive of me).

With Van de Putte out, another special election would have to be called. The Houston Chronicle has suggested that both State Representative Trey Martinez Fischer and State Representative Jose Menendez, both San Antonio Democrats, would throw their hats in the ring to succeed Van de Putte in heavily gerrymandered (for the Democrats) district. Meanwhile, State Representative Mike Villarreal (D-Bexar County), who recently resigned his House seat to run for Mayor of San Antonio, may still end up switching races.

The San Antonio Express-News has a great profile out that discusses the “friction” between Van de Putte and Villarreal. In 1999, Villarreal had succeeded Van de Putte in the State House when she was first elected to the senate, defeated her hand-picked successor in the process. Ever since, the relationship has been tense. Accordingly, the two might have a nasty campaign ahead of them, though I would think Van de Putte (the only statewide Democrat to carry Bexar County) would be heavily favored.

But the optics about candidates and what not can wait until we have more information. Perry and Governor-elect Greg Abbott, when he takes office, are just petty enough to purposefully drag their feet on a special election to ensure the Democrats start the session with one fewer voice, short of the 1/3 needed to block legislation. Although, as I have previously mentioned, the 2/3rds rule is likely doomed anyways.

Off the Kuff has more (regarding Hegar).

So far, so centrist

Governor-elect Greg Abbott, fresh off a 20-point decisive victory in the gubernatorial election, looks like he may govern from a less divisive point-of-view than his predecessor, Governor Rick Perry. Yesterday, the Texas Tribune reported that Abbott had made a pick for his Secretary of State, arguably the most powerful appointed executive office in the state. The secretary has broad powers over the legal and election portions of the state bureaucracy. Abbott selected Carlos Cascos, the County Judge of Cameron County (Brownsville). Cascos, a Republican, was first elected to the powerful county executive position in 2006, defeating the incumbent judge, Gilberto Hinojosa, who is now the Chairman of the Texas Democratic Party.

Re-elected both last week and in 2010, Cascos has proven himself a rather middle-of-the-aisle pragmatist. The four County Commissioners that Cascos works alongside on the Commissioner’s Court are all Democrats. Abbott lost the county by 13 points and Lieutenant Governor-elect Dan Patrick lost it by about 22. Needless to say, Cascos is not a right-wing, red-meat conservative.

This is fairly significant, especially in light of recent appointments to the position. The incumbent Secretary of State is Nandita Berry, a lawyer from Houston who is perhaps better known as the wife of conservative shock-jock and former City Councilmember Michael Berry. Cascos, unlike Berry, is not a pick designed to fire up the Tea Party. Rather, he is a choice who is meant to court support from Hispanics and independents.

In comments made after announcing his nomination, Abbott honed in on innocuous issues such as water conservation, mostly straying from divisive issues. In recent days, however, Abbott — who currently also serves as the Attorney General — has noted that he may sue the Federal Government in the near future is President Barack Obama takes any unilateral action on immigration reform. Fortunately, this type of talk has been the exception and not the rule in recent days from the Governor-elect.

I briefly talked about all this last Friday in The Daily Texan, noting that Abbott has been placed in an extremely important position to guide the politics of the state throughout the next biennium.

“While a Senate run by Patrick and packed with his friends would likely pass these measures, they could easily find themselves slowed in the House of Representatives, where Speaker Joe Straus, a comparatively moderate Republican, still reigns supreme,” I wrote. “Straus, left to his own devices, is not much for divisive social issues.”

The Daily Texan Editorial Board also examined what Abbott might do specifically for UT. An alumnus of the university, Abbott will not likely be so damaging for the Longhorns as the incumbent.

“Unlike Perry, Abbott is not so ideologically opposed to the humanities,” we wrote. “His campaigns have not been so heavily underwritten by, nor as closely associated with many of these individuals with a stake in dismantling the University.”

Now, I will freely admit that I am largely grasping at straws here. Abbott has made one appointment, and a whole lot can change when push will come to shove, so to speak, in the near future. But his general demeanor in the past eight days as the Governor-elect, including an apparent willingness to eschew Perry’s controversial Texas Enterprise Fund, should serve as promising signs that perhaps Texas’ 48th Governor will be more centrist than its 47th.

Filing bills for the 84th

The Texas Tribune reports that bill filings have begun for next year’s session of the State Legislature. When all was said and done, about 350 proposed laws and constitutional amendments were proposed today. Oddly enough, all this commotion conspicuously occurred amid the silence of Governor-elect Greg Abbott, Lieutenant Governor-elect Dan Patrick and Speaker Joe Straus (R-Bexar County). Most of the loudest initiatives came from Democrats and Tea Party Republicans, with both leadership and centrists mostly ducking away from the limelight.

For whatever reason, the Tribune as well as the Associated Press have been harping about a new proposed ban on texting-while-driving. The usual suspects, including former Speaker Tom Craddick (R-Midland County), have been pushing the measure once again, cautiously optimistic that the new Governor would consider the idea; a far cry from Governor Rick Perry, who infamously vetoed the bipartisan measure in 2011. However, Abbott noted in the course of the campaign that he too would likely veto a measure. Accordingly, it’s a dumb point to focus upon.

Most notable were three major Tea Party aspirations, all of which very well may get a vote in this upcoming session. First, three concurrent pieces of legislation (HB 106 by State Representative Dan Flynn (R-Van Zandt County); HB 164 by State Representative James White (R-Tyler County) and; HB 195 by State Representative Jonathan Stickland (R-Tarrant County)) were all introduced that would have the effect of ushering in “open carry” in Texas, meaning that all CHL holders could openly show off their deadly weapons in any location its hidden counterpart would be welcome. Abbott has implied he would sign such a law.

Second, Stickland also introduced HB 209, which would do away with the Texas Dream Act, the bipartisan policy nearly unanimously passed at the start of Perry’s tenure that allows undocumented students brought into this country in their infancy to attend UT and other public universities at the “in-state” rate. Abbott would also sign this proposal.

Third, State Representative Jim Murphy (R-Harris County) introduced HB 193 while State Senator Craig Estes (R-Wichita County) introduced SB 105. The bills would repeal Texas’ unpopular franchise tax, the closest thing to taxes on corporate profits in the state.

That’s more or less what’s important, but I included a list below of the other assorted bills that piqued my interest one way or another:

  • HB41 by State Representative Trey Martinez Fischer (D-Bexar County) would raise the minimum wage to about $10, while HB 174 would do the same for state contractors.
  • HB 53 by State Representative Ruth McClendon (D-Bexar County) would raise the age at which offenders are tried as an adult from 17 to 18, all other things being equal.
  • HB 68 by State Representative Robert Alonzo (D-Dallas County) would allow for driver’s licenses for undocumented immigrants.
  • HB 70 by State Representative Mary Gonzalez (D-El Paso County) would provide for penalties for bullying on the basis of sexual orientation or gender identity in school districts.
  • HB 71 by Gonzalez would create a “Romeo & Juliet exception” for same-sex partners.
  • HB 76 by State Representative Ceila Israel (D-Travis County) would allow for online voter registration.
  • HB 78 by Gonzalez would provide for comprehensive sexual education in schools.
  • HB 81 by State Representative Ryan Guillen (D-Starr County) as well as HB 170 by State Representative Carol Alvarado (D-Harris County) would regulate e-cigarettes throughout the state, as well as prohibit their sale to minors.
  • HB 89 by Gonzalez would regulate tuition at public universities.
  • HB 91 by Flynn would create a legal marketplace for the sale of raw milk.
  • HB 92 by White would legalize possession of the “Bowie knife,” among other changes to the state’s knife laws.
  • HB 93, HB 107 and HB 110 by White would greatly reform and generally liberalize laws pertaining to truancy. Specifically, the fine would be reduced from $500 to $20, among other provisions.
  • HB 97 by Guillen as well as HB 189 by State Representative Senfronia Thompson (D-Harris County) would end the statute of limitations on sexual assault.
  • HB 108 by Guillen would retain the right of lottery winners to be anonymous.
  • HB 111 by Fischer would allow for voters to register to vote on election day.
  • HB 113 by State Representative Allen Fletcher (R-Harris County) would criminalize aborting a fetus based on its gender.
  • HB 116 by Fischer would expand Medicaid in Texas.
  • HB 124 by Fischer would expand free, universal Pre-Kindergarten throughout the state.
  • HB 130 by State Representative Rafael Anchia (D-Dallas County), as well as other pertinent joint resolutions, would legalize gay marriage in Texas.
  • HB 135 by Flynn would require High School students to take a civics class on the US Constitution.
  • HB 138 by Flynn would require the 10 Commandments be posted in schools, in clear defiance of the Supreme Court.
  • HB 142 by Stickland would prohibit the use of red light cameras for traffic citations.
  • HB 147 by State Representative Jose Menendez (D-Bexar County) would require merchants to receive photo identification for major purchases involving credit cards.
  • HB 150 by Flynn would nix day light saving’s time in Texas.
  • HB 161 by State Representative Lyle Larson (R-Bexar County) would allow prisons to house inmates in tents.
  • HB 176 by State Representative Tim Kleinschmidt (R-Lee County) would somehow “allow” the state to not follow Federal laws involving guns that they did not fancy. The ignorance here is astounding.
  • HB 204 by State Representative Jeff Leach (R-Collin County) would shorten summer break for public schools by about two weeks.
  • HB 213 by State Representative Angie Button (R-Dallas County) would require ex-legislators to wait four years before lobbying under the dome.
  • HB 215 by State Representative Patricia Harless (R-Harris County) would do away with the fees for fishing licenses when it came to fishermen 65 years and older.
  • HB 216 by White would lower the minimum wage for a concealed handgun license from 21 to 18.
  • HJR 31 by Gonzalez would require the Attorney General to be an attorney.
  • HJR 37 by Larson would require legislators to resign from office before running for something else.
  • HJR 38 by Larson would impose term limits on state offices.
  • SB 54 by State Senator Jane Nelson (R-Denton County) would drug test welfare recipients.
  • SB 76 by State Senator Rodney Ellis (D-Harris County) would prohibit insurance discrimination on the part of sexual orientation or gender identity.
  • SB 81 by Ellis would create a commission to further research wrongful convictions, particularly for capital offenses.
  • SB 82 by Ellis would greatly expand the availability of probation for drug-related offenses.
  • SB 86 by Ellis would allow for no-excuse absentee voting.
  • SB 135 by State Senator John Whitmire (D-Harris County) would reform grand jury systems by transitioning from “pick-a-pal” systems in which the grand jurors are chosen by an intermediary to one in which the District Judge directly selects the participants.
  • SB 139 by State Senator Charles Perry (R-Lubbock County) would end diversions from the State Highway Fund to the Department of Public Safety, among other recipients.
  • SB 141 by State Senator Sylvia Garcia (D-Harris County) would increase voter education for high school seniors.
  • SB 148 by State Senator Jose Rodriguez (D-El Paso County) would repeal the unconstitutional ban on “homosexual conduct.”
  • SB 150 by State Senator Kel Seliger (R-Potter County) would appropriate about $3 Billion for university construction around the state.
  • SB 158 by State Senator Royce West (D-Dallas County) would grant funds for local police departments to purchase body cameras, then require officers wear them throughout their interactions with the public.
  • SB 173 by State Senator Joan Huffman (R-Harris County) would deem synthetic marijuana a “controlled substance.”
  • SJR 10 by State Senator Donna Campbell (R-Comal County) would invalidate municipality’s non-discrimination ordinances.

Texas will never turn blue

At least not in this political reality. I know, it’s a rather evocative headline, but the charts and stats I show below will hopefully convince you that the only thing that would guide Texas toward the left is huge national trends. As I have said before, I strongly believe that the Republican Party will go the way of the dodo in about 20 years or so, leaving behind a Democratic Party that gets so all-encompassing that it splits in two. Short of that, the GOP could realign in just as much of a substantial way. The great step to the right of the 1980s would be superseded by a step to the left in the 2030s, like the previous leftward step a century previous. The horrendous midterm results for Democrats have not shaken my belief that the Republicans are on a destruction course; in fact, it has only strengthened my resolve. However, the results specifically in Texas have lead me to believe that all the work of groups such as Battleground Texas has been in vain. There is little left to do now, for progressives, than to work together with moderate Republicans to elect pragmatic conservative candidates and to wait for the rising tides to guide Texas away from the rocks. I only wish it will not be too late by then.

State Senator Wendy Davis (D-Tarrant County), the Democratic candidate for Governor, lost her race by twenty points, 39-59. Governor-elect Greg Abbott performed better than Governor Rick Perry in all three of his elections. For the downballot elections, all the other Republicans won by comparably margins. The Lieutenant Governor’s race was the closest, with the Democrat losing by just more than 19 points, and the US Senate race being the biggest blowout, with Senator John Cornyn being re-elected by more than 27 points. The Republicans re-took the US Senate, meaning that — all other things being equal — Cornyn will now be the Majority Whip of the Senate.

Locally, Harris County went straight Republican, whereas Bexar County was a reddish shade of purple. Neither showed any improvement from 2010 (I didn’t realize how many judgeships the Democrats won in Bexar in 2010), though, with the big exception being that Nico LaHood (D) defeated Susan Reed (R) and was elected District Attorney in Bexar County. In Harris County, the GOP slate generally beat the Democratic one by about 10 points, though certain races were closer. DA Devon Anderson defeated her Democratic challenger, Kim Ogg, by only about six points. Though it is important to note this was just a special election for the post, and it will be right back on the ballot in just two years.

Davis’ State Senate also fell to the Republicans, specifically a woman named Konni Burton. This puts the party in control of 20/31 seats, just shy of the coveted 2/3rds needed to ramrod legislation through. However, Lieutenant Governor-elect Dan Patrick will likely disassemble that rule anyways. In the State House, the Republicans picked up three seats. State Representative-elect Wayne Faircloth (R-Galveston County) prevailed in the district currently held by retiring Democrat Craig Eiland. Meanwhile, State Representative Philip Cortez (D-Bexar County) was defeated by Rick Galinda and State Representative Mary Ann Perez (D-Harris County) was defeated by Gilbert Pena.

Also around the state, voters in Denton approved a measure to ban hydraulic fracturing (fracking) within the city limits. This has prompted the Oil & Gas Associated, as well as the General Land Office, to file suit against the city. Watch out for the Legislature passing a law disallowing these types of referendums next session.

Now, I’ve put together a few charts. First up, I compared the counties won by the gubernatorial candidates in 2010 (top) to those won in 2014 (bottom). Obviously, blue for the Democrat and red for the Republican.

Governor10

Governor14

Obviously, Davis won fewer counties than Bill White, the 2010 Democratic candidate. Most notably, she didn’t win Harris County, although it is important to note that White was a former Mayor of Houston and that Abbott is also a Houstonian. But Abbott also won three southern counties that White triumphed in. I don’t know if you could call locales like Kleberg County (fourth from the bottom on the coast) part of the Valley, but it is more than 70% Hispanic.

Davis did worse than White, worse than Chris Bell (2006 Dem nominee) and worse than Tony Sanchez (2002 Dem nominee). In fact, if you look at the margins of victory in recent gubernatorial elections, it appears as though the trend is for Democrats to do worse as time goes on –quite different than what common knowledge would have you believe.

Next, the same comparison for Lieutenant Governor:

Lt Gov10

Lt Gov14

Now, in 2010, the Democrats had a rather unremarkable candidate for Lieutenant Governor: Linda Chavez-Thompson. With only slightly more resources than Jim Hogan, she ran a truly awful campaign. And when she went up against Lieutenant Governor David Dewhurst, she did even worse than the Democratic nominee this year. State Senator Leticia Van de Putte, the Democratic candidate, did win a net 2 more counties in the south, including Kleberg.

Moving onto Attorney General:

Attorney General10

Attorney General14

Sam Houston, the Democratic candidate for Attorney Genera, won a few more southern counties. He carried Jefferson County, the home of Beaumont (that blue speck in the right corner), the only Democrat by my calculations to do so.

Last, and probably least, the US Senate election:

Senate12

Senate14

Granted, this map compares David Alameel’s, the Democratic Senate candidate, performance to the 2012 election, but it is still striking. Alameel was the worst contender of all the Democratic ticket, and for good reason.

All in all, the Democrats did worse than four years ago. Downballot, they didn’t necessarily do as bad as some are claiming, mainly because Bill White outperformed the Democratic ticket in 2010 by A LOT. Davis outperformed them by a statistically insignificant amount, in comparison. Below, I have attached a line graph demonstrating the margins with which Republicans have won the non-Judicial statewide offices since 1998. I have omitted the 2000 Railroad Commission race and the 2010 Comptroller race because they lacked Democratic candidates and the 60 or 70-something margins would have skewered the graph:

Ranges

The other major point is that ticket-splitting has decreased rapidly. The range of the losses was about 37 points in 1998, decreased to about 25 points in 2002, 16 points in 2006, 17 points in 2010 and only 8 points last Tuesday. Like I have opined in the past, this is likely because of the growing stupidity of the average Texan, and the rise of “FOUR LEGS GOOD, TWO LEGS BAD” style straight-ticket voting.

Finally, I wanted to look into how much Democrats have improved in Bexar and Harris counties. Unfortunately, there is no silver bullet for finding just how Republican an election is in these counties before 2010, back when ticket-splitting was still commonplace. Ultimately, I settled on straight party voting, which is a rather bad barometer, but it beats nothing.

Bexar County

Harris County

These are bad measurements for a couple of reasons, namely that they overstate Democratic support. While Democrats received more straight ticket votes than Republicans in 2006 in Harris County, they still loss the whole county and all the positions. And 2000 wasn’t a close election either. But these graphs should just illustrate, rather unscientifically, that there is no meaningful improvement for Democrats in either county in midterm elections. If I have an abundance of time, I will average the margins of victory for all the countywide elections in a given election year to find a more accurate number.

As I have opined before, since Davis and the pack did not crack the 40% mark and did convincingly worse than 2010, Battleground Texas will be no more. Snuffed in its infancy. Either it will just fold in the next few weeks or its budget will be slashed so significantly that it will become a non-entity in practice. Most of the people running that rolling calamity will likely be out of a job. I’m going to leave my rationale for why the Democrats got whupped so monstrously to a latter post, but let’s just say there are quite a few reasons.

The most important reason, however, is that the average Texan is evidently both too stupid and too lazy to be bothered to participate in the political process. A pitiful 1/3 registered voters participated. Campaigns can do what they want to drive turnout, but until young people put down the blunt and the funyuns long enough to “occupy” a voting booth, nothing will get any better for the Democrats. Until other non-voters get up off their butts and stop being worthless, ‘poor and puny anonymities,’ politics will continue being dominated by the far-right. At the end of the day, however, in a democracy, people get the government they deserve. Lazy Texans will get that government many times over in the succeeding years.

Big Jolly Politics, Brains & Eggs (Parts I, II, III, IV), Eye on Williamson, Off the Kuff and Texas Leftist all have more.