The mainstream media is mostly ignoring Texas elections, except for an occasional reference to our governor's race. State legislative races are getting almost no attention at all, but they are a crucial part of the larger battle for control of the state legislature , which is where the real fireworks will be come January, when the state legislature convenes, and redistricting will be the main item on the agenda. At stake are U.S. Congressional districts, which could change dramatically if Republicans gain control of the Texas House. This diary focuses on one of the most competitive Texas House races, District 17, where a feisty Democratic challenger, Pati Jacobs, is turning up the heat on her freshman incumbent Republican opponent over the issue of water.
Last time redistricting came up in the Texas legislature in a controversial mid-decade redistricting in 2003 , outnumbered Democrats fled to New Mexico in a futile attempt to block Tom DeLay's plan to disenfranchise Democrats and elect Republicans. Remember the infamous "fajita strip" congressional district which stretched one county wide from Austin to the Mexican border that Lloyd Doggett was placed in? Fortunately this egregious example of Republican gerrymandering was eventually thrown out by the courts, but if Republicans are in control when redistricting happens again in 2011, we can expect to see similar shenannigans. Ever since the last round of the resdistricting battle, Democrats have been fighting to increase the odds, and the number of Democratic legislators has been growing steadily. Democrats are currently within 3 seats of a majority in the Texas House, but the election of 2010 could change all of this.
This diary will focus on a swing ditrict, Texas House District 17, a race that has been named one of the most competitive Texas House races. The Republican freshman incumbent, trial lawyer Tim Kleinschmidt, won this previously Democratic seat in a close election in 2008. This time around he faces a feisty Democratic challenger, local rancher Pati Jacobs who is running a smart, effective grass-roots campaign, and may just pull this off.
District 17 encompasses 5 counties, most of which are rural, and most of the economy here is based on agriculture- cattle ranching. The largest county is Bastrop, one of the fastest growing counties in Texas. Largely Democratic, Bastrop is one of the "donut counties" that border Democratic Travis County, and many Bastrop County residents actually work in nearby heavily Democratic Austin. District 17 has been mostly represented by Democrats until it was narrowly won by a Republican in 2008. Since then freshman Republican Tim Kleinschmidt has distinguished himself mainly by being chosen by Texas Monthly magazine as a recipient of its Furniture Award which is given to
lawmakers with a level of participation that was well below average, indicating that they were indistinguishable from their desks, chairs and inkwells
Besides the fact that he has little to show for his time in the legislature, Kleinschmidt has another problem this time around, and it involves water. Water is evolving as a key issue in Texas, and about to become big business, as water marketers try to buy up and lease water rights from areas that have abundant water to sell to thirsty cities along the I-35 corridor like San Antonio. Bastrop and Lee Counties sit right on top of the Simsboro Aquifer, which local ranchers rely on water they get from wells for their ranching operations, and local communities rely on for household water. It's no surprise that water marketers have their sights on the Simsboro. If they get their way, taxpayers will be paying to construct a water pipeline to ship water sucked from the Simsboro to sell to cities like San Marcos. Many fear the Simsboro pipeline is a forerunner of a trans-Texas water highway of pipelines. Not surprisingly, many residents here are furious.
If you add up all the numbers, the pipeline would take virtually all the water that's currently permitted - leaving everyone high and dry
Pati Jacobs is a rancher who raises grass-fed beef on the Bastrop County ranch where she grew up. Since early in the campaign she has emphasized the importance of protecting resources in order to allow for future economic development in our district, and has pledged to fight the Simsboro Pipeline. Kleinschmidt on the other hand has tried to waffle on this issue, probably because, unlike Pati Jacobs, Tim Kleinschmidt leased out his water rights to a water marketer. At a recent forum on water, Tim Kleinschmidt was booed by contituents when he avoided answering questions on how he would protect the aquifer.
The reason for Kleinschmidt's reluctance to declare his position on the water pipeline becomes clear after looking at who is supporting him. Special interests who stand to benefit from the Simsboro Pipeline have contributed generously to the Republican campaign, and Kleinschmidt is raking in cash from lobbyists. Remeber homebuilder Bob Perry who was a funder of the Swift Boat Veterans for Truth? Bob Perry gave $30,000 to Tim Kleinschmidt's campaign. Another prominent donor, who is Trevor Reese Jones, one of Forbes 400 richest Americans last year, who might also be familiar as one of the 7 figure donors to Karl Rove's American Crossroads. Trevor Reese Jones gave $10,000 to Tim Kleinschmidt's campaign , which so far has raised 2 1/2 times what Pati Jacobs has raised- a cool $378,000 for a job that pays only $7,200 a year.
Kleinschmidt has been running a smear campaign similar to the one he waged against his previous opponent. He's even using the same talking farm animals on his flyers he used last time, falsely accusing Pati of not paying her county taxes. In fact, Pati has receipts to prove these charges are untrue, and attacks don't seem to be gaining much traction with voters. One constituent even complained in a letter to the editor in the Bastrop paper that she would never vote for Kleinschmidt because he was wasting so much money on sending out multiple flyers that he couldn't be trusted to use taxes wisely.
What Pati Jacobs' campaign has that Kleinschmidt's doesn't is grassroots support. She is running a smart, effective grassroots campaign. Yesterday I helped with phone banking at her headquarters on Bastrop's historic Main Street, right across from the Bastrop County Republican headquarters. She has been endorsed by the Sierra Club, the Texas Federation of Teachers, and Annie's List, and Independent Texans, and her campaign attracted energetic volunteers from a very active Bastrop Democratic Party who are blockwalking and doing phone banking. So far her campaign has made over 24,000 phone calls, and voters have even been surprised to get a call from Pati herself. She has been campaigning tirelessly since the primaries, her bright little yellow and green trailer with her instantly recognizable PJ brand appears all over the district.
That said, special interests are pouring in the cash to elect Kleinschmidt. if you want to help send a great candidate to the Texas Legislature to stand up for the people of Texas, and help us stop Tom DeLay style redistricting of congressional districts in 2011, you can find Pat on Act Blue or on her website at patijacobs.com
This post is long, but important for anyone who wants a better look at the conventional wisdom out there in the Texas House. The three topics of this post are:
Paul Burka
Bob Perry
Karen Hughes
Without further ado...
Despite what Burka wrote, Republican Party runoffs are not indicators for Democratic performance in November
I'm not a huge fan of Burka's analysis of House races. He often misses the ball, as he himself admitted Tuesday night after results from the primary runoffs started to come in. From his post, titled, "Better Luck Next Time":
I made a lot of calls yesterday about these races and got a lot of information. Most of it turned out to be wrong.
Gracious, humble. I appreciated it. But then, just twelve hours later, we get a post called "Storm Warnings for Democrats" and this nonsense:
The message sent by voters in the Republican primary is that they have little use for establishment politicians...All of the energy right now is being supplied by angry Republican voters who can’t wait to get to the polls and kick out incumbents.
Democrats should be very worried about this political climate.
Now, Paul has a pretty strong history of Democratic doom-and-gloom. He's predicted Democrats would lose House races in the '06 cycle. (Wrong.) He predicted Democrats would lose House races in the '08 cycle. (Wrong.) He predicted Craddick would reatin his Speakership in 2009. (Wrong). So I'm not really shocked or surprised about his doom-and-gloom predictions. But I do have to ask this question:
How are Republican Party primary runoffs any indication of how Democrats are going to perform in November? Especially when you consider the following runoff...
"Tea Party" Republican Charles Perry Received $20,000 from Millionaire Republican Donor, Bob Perry
One of the races Burka pointed to was the Delwin Jones race, where Charles Perry won handily. Jason Embry and Tim Eaton with the Statesman, in writing about the Tea Party in yesterday's paper ("A year later, Tea Party has evolved into a political force"), also pointed to the Delwin Jones race as an example of conservative anger taking hold. Ross Ramsey, writing in the Texas Tribune this morning, did the same.
No Democrat would ever get away with claiming they are a "grassroots activist" candidate if they took tens of thousands of dollars from a prominent trial lawyer. But that's basically what the conventional wisdom is right now -- somehow Charles Perry is a Tea Party guy. Go figure.
Karen Hughes Comments on House Republicans Pledging Against Joe Straus
Karen Hughes, who is the communications advisor for Speaker Joe Straus, commented on the idea that State Senator Dan Patrick group and 44 House Republicans are attempting to start an anti-Straus group with their Independent Conservative Republicans of Texas. Hughes, saying she read BOR, comments below:
In the video, Karen Hughes mentions the following:
[Speaker Straus] was not aware, however, that there was going to be a process that would invite some and not invite others. And I think a lot of some of the other mebmers of the House, who feel they are very conservative as well, who weren't invited were a little distressed to find out. It sort of seems a little undemocratic that -- who decides this? One person decides if you're conservative or you're not...
I think it, understandably, has caused some consternation in the House. I think as a legislative strategy, though in the room who worked in the Legislature, will know that not including members of the Calendars Committee or the Appropriations Committee is probably not a smart legislative strategy if you're interested in getting your legislation heard in the House of Representatives.
Perhaps a not-too-subtle pushback on Senator Patrick and the 44 House Republicans. There is absolutely division among House Republiacns -- Hughes acknowledges that in her own remarks -- and anyone who thinks that the division will go away soon is absolutely going to miss the point.
Those are my takeaways from this week's Republican Party primary runoffs. Please share any thoughts, additional observations, and other inisights in the comments below.
(A must-read for the morning. - promoted by Phillip Martin)
In 2003 the Texas Legislature passed the Texas Residential Construction Commission Act, creating a Commission to regulate the home building industry and provide consumer protection for new home buyers. Six years later the Texas Comptrollers Office and the Texas Sunset Commission have called for the abolishment of the TRCC (trick). As the reports stated, the Commission is nothing more than a "builder protection agency" with "fundamental flaws that do more harm than good". The fate of this ill-conceived Commission is currently in the hands of the Texas Senate. They should stand with the consumers of this state and let the sun set on this fatally flawed Commission.
The Sunset Bill In response to the concerns of the Sunset Commission, House Bill 2295 by Representative McClendon (D-San Antonio) has been filed. According to the rules of the Sunset Commission, if this "sunset" bill is not signed into law, the TRCC will be abolished. The bill has passed the House and is currently lingering in the Senate with time running out in the legislation session.
The TRCC Facts The facts concerning this Commission, which supposedly was created to help homeowners with construction defects, are undeniable and unbelievable. The Senior Vice President and General Counsel of Bob Perry Homes wrote the bill that created the TRCC. Governor Perry later appointed him to the Commission. The State Legislator who sponsored the TRCC bill owns a lumber company and sells to the home building industry. He is a member of the Texas Association of Builders (TAB) and received an award after passing the bill. The National Association of Home Builders also named him "Legislator of the Year"
Since its creation, the board has been stacked with builder friendly Commissioners. The Arbitration Task Force, charged with researching the abuse of mandatory binding arbitration in new home contracts, was stacked with home builders and members of the American Arbitration Association (AAA). The Commission, heavily in favor of the home building industry, established a statewide standard for new home warranties that provides one single year of protection, while repealing the implied warranty of good workmanship granted to homeowners in the sixties.
Calls for Abolishing In 2006 the Texas Comptroller's Office conducted a detailed investigation of the TRCC prompting the Comptroller to state "...if it was up to me personally, I would blast this TRCC builder-protection agency off the bureaucratic books". The report by the Sunset Commission issued in 2008 had a key recommendation of "Abolish the Texas Residential Construction Commission and repeal the Texas Residential Construction Commission Act." Both reports were very clear, the $10 million/year TRCC is not providing a useful service to the consumer and deserves to be abolished.
HB2295 Deception HB2295 continues to deceive. The bill calls for licensing of home builders, but exempts over 28,000 builders currently registered with the TRCC. The licensing oversight will be controlled by the TRCC an agency with 6 years of failure, instead of by the Texas Department of Licensing and Regulation with 100 years of outstanding service and experience in oversight. And the requirements for licensing are nothing more than paying a fee, taking 8 hours of training, and passing a test administered by the inexperienced TRCC.
The mandatory State Sponsored Inspection and Resolution Process (SIRP), a process to help mediate complaints, continues to be a convoluted, complicated, legal nightmare that requires legal assistance to navigate. The bill offers an optional, extremely expensive mediation process chock full of legal loopholes that will do more harm than good for the consumer. The bill also reduces the time required to complete the SIRP, but does nothing to reduce its overwhelming complexity and legal ramifications.
Kill the Bill In 2003 testimony from the home building industry claimed the TRCC would provide much needed consumer protection for new homeowners with construction defects. Instead it has been an expensive failure causing financial ruin to many homeowners and allowing the industry to run wild with no fear of being held accountable.
The facts are clear. It is time to let the sun set on this bureaucratic, expensive, nightmare called the TRCC.
John R. Cobarruvias has been an advocate for new homeowner rights and is a member of Homeowners Against Deficient Dwellings. He has testified against the TRCC and has provided research on the Commission and the rules and procedures.
For the last few weeks we have been listening to wall-to-wall coverage 24/7 about the flamboyant governor of Illinois, Rod Blagojevich, and pay-to-play politics. As we all know by now the Illinois governor is charged with criminal conspiracy for attempting to sell President Elect Barack Obama's U.S. Senate seat. Rod Blagojevich is clearly another crooked and arrogant politician who thinks he is above the law. But at least this one found himself impeached by the Illinois House.
It is nice to know some states have lawmakers who have an ethical spine where such blatant corruption and beyond the pale pay-to-play politics are concerned. Too bad Texas is sorely lacking in this area. But one has to remember the Party that is running the state at this time, although not all Democratic politicians would receive A's in ethics and integrity departments either.
When the Blagojevich scandal broke, several of the cable TV talking heads and pundits appeared especially outraged by pay-to-play politics and so I promptly sent off an email to MSNBC and CNN and suggested that if they are so livid about pay-to-play, they ought to send their research staff down to Texas to see how it works in a state where purchasing elections and pay-to-play is business du jour. Apparently other folks from around the U.S. contacted the media with the same request. Chris Matthews of Hardball responded with a chart that listed the most offending states. Texas is among them.
Swift Boat funder Robert Perry, a top national Republican donor, is funding overtly racist attack mail this cycle. It's not Swift Boating. It's Race Boating.
A group called "Empower Texans," chaired by Tim Dunn of Midland, an associate of Republican Texas House Speaker Tom Craddick, attacked Democratic state House candidate Joel Redmond of Pasadena with a direct mail piece featuring fuzzy images of black and Hispanic lawmakers (plus Barack Obama), several black birds resembling crows, and a picture of the white Redmund. The tag line: "Birds of a feather flock together."
Anyone with any racial sensitivity gets the meaning of the mailer: Redmond has betrayed whites by befriending people of color. He can't be trusted.
This is happening in the Houston area, down the road from Tom DeLay. George Bush's hometown. While an African-American, Barack Obama, is the Democratic nominee for president.
Today's Race Boaters aren't like the Swift Boaters. They ARE the Swift Boaters. Bob Perry. Tom DeLay. Tom Craddick. The same people whose 2002 campaign funding scheme led to Tuesday's guilty plea from the Texas Association of Business, another organization with close ties to the Race Boaters. That plea came from the same investigation that led to the indictment against DeLay.
Cross-posted atOpenLeft.
Huffington Post posted a story that links to Texas' own Glen Smith's blog. Glen's piece is about Swift Boater Bob Perry's direct mail piece that shows Dem. Candidate Joel Redmond who is running for Texas HD 144 surrounded by minority legislators with the caption "Birds of a feather flock together."
Pro-corporate bias and corruption in the Texas judiciary has reached dangerous levels, and there's a new web site documenting some of the scandals and troubles.
Texans are still living the ethical, political and economic nightmares left to us by former U.S. Rep Tom DeLay. Now, there's a fast-growing DeLay-related scandal darkening the already tainted reputation of Texas judges. Texas courts are dominated by the same special interests who purchased the legislature and the governor's mansion - homebuilders like Bob Perry, anti-public school millionaire James Leininger, swift-boat finance captain Harold Simmons.
The sewers have backed up into Texas courtrooms. They need draining and cleaning. Sadly, it's not the special interests or their bought-and-paid-for judges who are drowning in the unethical effluent of one-sided rulings that make a mockery of impartial justice. It's the people of Texas who suffer.
Three members of the all-Republican Texas Supreme Court are up for election in 2008: Wallace Jeffferson, Phil Johnson and Justice Dale Wainwright. Jefferson is opposed by Democrat Jim Jordan of Dallas. Democrat Linda Yanez opposes Phil Johnson, and Democrat Sam Houston is running against Dale Wainwright.
The name "CourtsOnFire" is an obvious reference to Republican Supreme Court Justice David Medina, who was indicted then suspiciously un-indicted by a Houston DA who subsequently resigned in disgrace. The indictment involved arson and the burning of Medina's home. His wife remains indicted in connection with the fire. CourtsOnFire and the Texas Progress Council are helping educate voters about the Texas judiciary's biases against Texas families. The Supreme Court sides with corporate defendants about 90 percent of the time. Ethical difficulties plague sitting judges throughout the system, and it's time the halls of justice were cleaned out.
Pay attention to these races. The Democratic candidates for the Supreme Court are widely respected, tough and honest folks leading the charge against the unbalanced courts. CourtsOnFire and the Texas Progress Council are providing critical information and education about the state of our judiciary. You can also visit TPJ.org and Texas Watch.org.
Aside from Davis being far behind Matula in cash on hand and fundraising, there is something else interesting about his finance reports: his Sugar Daddy.
We apologize in advance if the song is stuck in your head the rest of the day, but check this out:
"The dark shadow of corruption of our judicial system hangs over this case," Travis County District Attorney Ronnie Earle said Monday, referring to the Texas 3rd Court of Appeals opinion that Tom DeLay's money launderers didn't really launder money because they used checks. Drug dealers throughout the state can rejoice. Turn those street dollars into checks and, well, you're safe as a crooked politician.
Despite the fact that turning ill-gotten cash into checks is a favorite laundering tactic of drug dealers and political criminals alike, the court said checks aren't "funds" under Texas law, and so transactions involving them can't be prosecuted.
The case involves indictments against two of DeLay's associates in the notorious 2002 campaign financing scheme that also resulted in DeLay's indictment and forced resignation from Congress. Earle's strong comments came in an appeal of the bizarre, Alice-In-Wonderland 3rd Court opinion.
There is no better example of the sickening corruption that has infected the Texas Courts from top to bottom since they became dominated by special interests who also control the legislative and executive branches. The courts are out of balance, and the corruption so thoroughgoing, so accepted as business as usual, that it can be hard to grasp.
But it is destroying the rule of law here, denying average Texans access to justice as the elite special interests who bought these judges escape accountability and responsibility for the harm they do all of us.
Columnist B.K. Carter, who writes "Bev's Corner" for the Fort Bend/Southwest Star, has pulled back the curtain on the sordid Bob Perry family drama playing out in Sugar Land.
This might not be news to their neighbors, but the Perry's family values should be news to the rest of the state and the nation, since Perry bribed the Texas Supreme Court with $260,000 in campaign contributions, in return for which the court overturned an $800,000 verdict against the homebuilder.
Besides his hostile takeover of the Texas Supreme Court, Perry financed Texas House Speaker Tom Craddick's speakership and the notorious swift boat attacks on John Kerry in 2004. He's the nation's top Republican donor in recent years. And now we find out that his own son, Will, once described the elder Perry as an abusive alcoholic father and husband who caused Will's own problems with sexual addiction -- an addiction that led the son to frequent visits with prostitutes.
Bob Perry's Supreme Court judges and House candidates financed by Perry and others (through PACs controlled by Tom Craddick), will find themselves explaining to their voters why they continue to take money from someone with more skeletons than can be hidden in all the closets in all the homes the homebuilder builds.
Don't worry if you're internet is down. All this is certain to appear in direct mail before too long.
From "Bev's Corner":
Will Perry testified that he had made some bad business decisions and hadn't made any money since a date that coincides with the breakup of his partnership with Dave Wallace and Costa Bajjali. He admitted that even though he receives $29,500 each month from a trust fund, that doesn't cover the household expenses.
Under questioning by Laura Perry's attorney, Will Perry admitted he has been a sexual addict for many years, but had quit attending Sex Addicts Anonymous in January, 2008. He said he had sex with "probably" 20 prostitutes since his marriage. During this testimony, Mrs. Perry left the courtroom and her uncontrollable sobs in the hall could be heard inside.
A chart in Will Perry's handwriting that he had drawn several years ago tracing his sexual addiction blamed his sexual addiction problems on his father who he claimed was an alcoholic and verbally abusive, and his mother who he said was sexually abused by her father. He said Laura Perry was codependent but he said these were his thoughts 12-13 years ago and was no longer the case. (See what I mean by daddy's checkbook should be open to keep this whole business out of court. If Perry did file bankruptcy to avoid paying his wife and children, he just made the stupidest move of his life, which is now displayed for all to see.)
Sanctimonious fools like Bob Perry have used their deep pockets to dominate the political landscape for years. In many of the ads they pay for, opponents are attacked for their lack of family values. The hypocrisy stinks.
It's the hypocrisy that makes this news. I have compassion for the difficulties people face in their lives. I hope the Perry family is able to overcome their own troubles. Meanwhile, they should place a moratorium on their political spending. If they don't do it, their would-be future recipients will have to.
In 2003 the Texas Legislature passed the Texas Residential Construction Commission Act, creating a Commission to regulate the home building industry and provide consumer protection for new home buyers. Six years later the Texas Comptrollers Office and the Texas Sunset Commission have called for the abolishment of the TRCC (trick). As the reports stated, the Commission is nothing more than a "builder protection agency" with "fundamental flaws that do more harm than good". The fate of this ill-conceived Commission is currently in the hands of the Texas Senate. They should stand with the consumers of this state and let the sun set on this fatally flawed Commission.
