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PPP Polls: Ted Cruz a Top 6 GOP Contender for 2016

Michael Hurta — Fri, 17 May 2013 13:00:00 GMT

Rick Perry wasn't good enough for their polls, so they inserted another Texan, instead: Ted Cruz. As it turns out, Ted Cruz's many antics have vaulted him into the GOP 2016 conversation in a little bit more than word only.

From PPP Polls' new survey:

PPP's monthly look at the 2016 Republican field for President finds essentially a 4 way tie at the top- Marco Rubio has 16%, Jeb Bush and Chris Christie 15% each, and Rand Paul 14%. Paul Ryan at 9%, Ted Cruz at 7%, Rick Santorum at 5%, Bobby Jindal at 3%, and Susana Martinez at 1% round out the potential candidates we tested.

So 6th place and 7%. On first glance, that's unimpressive, but Ted Cruz has actually put himself in a fantastic position to run for the Republican Presidential nomination in 2016 should he choose to do so. Read on for that analysis.
The leader of the pack, Marco Rubio, is only at 16%. No one has a commanding lead, and 7% isn't much lower than 16%. Ted Cruz is new to the scene, so he has plenty of room to grow.

Cruz comes in with a net favorable rating among GOP voters, 27%-13%. What's striking with those numbers is that they're both low. 60% answered "not sure." As a proxy for name recognition, only Susanna Martinez was less known of PPP's suggested GOP candidates.

PPP Polls first started its 2016 surveys six months ago, and only Rand Paul, son of Texan Ron, has received a notable bump in his numbers since then. Rand Paul started at a familiar 7% -- and his name recognition was far higher in December than Cruz's is now. If Ted Cruz continues to embarrass Texas in a way that only endears him to Republicans, he can make up even more ground than Paul.

Yes, if Ted Cruz plays it right (a big if), he can eventually become the GOP front-runner for 2016.

Wow. That would be scary.

Luckily, even if Cruz is able to capture his party's nomination, we aren't likely to see him in the White House. While his embarrassing actions do endear him to Republicans, they are actually embarrassing in the eyes of others. his favorability rating with registered voters nationally is a flipped version of his GOP ratings. Nation-wide, only 15% view him favorably compared to 27% unfavorable.

Carlos Uresti: Testing and curriculum changes present benefits and challenges for students

Michael Hurta — Sun, 12 May 2013 21:30:00 GMT

The Texas Senate has now passed its own version of the House's education reform bill, HB5, that cuts the number of end-of-course exams required for graduation and gives students greater flexibility in their curriculum choices. The Senate and House have appointed a conference committee to negotiate about the two chambers' differences and finalize the bill. In this week's column, Senator Carlos Uresti details the changes and explains how they will chart a new course for public education in Texas.

Click below the fold to read Senator Uresti's column.

Texas has long struggled to attain the right balance between two fundamental components of a successful public education strategy - academic achievement and accountability. The Texas Senate has taken a major step toward creating such a balance, signaling a new day for public education.
After weeks of negotiations, the Senate voted unanimously to adopt an amended House Bill 5, which would bring sweeping changes for curriculum and testing requirements in Texas public schools. The legislation is designed to keep students from dropping out of school, give them more curriculum choices, prepare them better for college-level work, and encourage districts to maintain high academic standards.
The goal, in short, is to ensure that students get the most out of their public school experience.
One of the biggest complaints over the last several years has been the over-emphasis on end-of-course testing, which has encouraged many schools to focus on "teaching the test" at the expense of valuable classroom instruction time.
Under current law students must pass 15 required exams in order to graduate. HB 5 would reduce that to five tests - one each in biology, U.S. history, Algebra I, and English I and II. Districts will also have the option of giving two other end-of-course exams - but only to determine if students are prepared for college, not as a requirement for graduation or use in school or teacher ratings.
The scaled-back testing requirements will give teachers an opportunity to focus on the basics and instill a fundamental core of knowledge on which other learning is based, and relieve some of the pressure on students whose advancement is now tied to their performance on 15 separate tests.
The legislation also gives more flexibility to students by creating new diploma plans that provide more choices in the pursuit of career training courses.
The existing graduation plan requires four years of English, math, science, and social studies, while the proposed Senate plan requires four years of English, three years each of math, science, and social studies, plus an "endorsement" in a specialized area, such as business and industry; science, technology, engineering, and math; or arts and humanities.
Students could also opt to keep the so-called 4X4 requirement of English, math, science, and social studies, but with a more rigorous academic format.
Some have charged that these changes represent a retreat from the tougher graduation standards that Texas has required from its students. I disagree. The legislation merely recognizes that not all students are alike, and that we need a curriculum that can handle diversity.
However, these changes do present new challenges. They will require students to think earlier about what they want to do in life, more involvement by parents, and greater support for school counselors who will have to provide a higher level of guidance to students who are making life-altering decisions.
But all in all, the education reforms provided in HB 5 are necessary to improve the way we teach our kids the knowledge and skills they need to compete and thrive in a fast-approaching future.

José Rodríguez: A Win for El Paso

Michael Hurta — Sun, 05 May 2013 17:00:00 GMT

The Paul L. Foster School of Medicine has been a successful enterprise in El Paso for years, but it there has always been another step to be taken. Senator José Rodríguez worked to make this happen with Senate Bill 120.

With his bill now passed by both the Texas Senate and the Texas House, Senator Rodríguez is declaring a victory for El Paso and its entire legislative delegation at the capitol.

Find out why below the fold.

El Paso was one of the most prosperous cities in the Southwest for about half its existence, from its founding with the railroads in the 1880s until the middle of the 20th Century.
But as we entered the 21st Century, El Paso was not keeping up with its Southwestern peers.
Political, civic and business leaders began a discussion about how to reverse the decline. One of the outcomes was the concept of building a medical center that would serve the border's unique population, improving access to health care while generating economic activity.
Central to the idea was a full medical school.
With Texas Tech as partners, and with a massive community effort and years of working through the Legislature, that came to fruition in July, 2009, when 40 students chosen from more than 2,500 applications from top schools in Texas and the nation formed the charter class of the Paul L. Foster School of Medicine.
The next step was the transformation to a standalone university.
That finally happened last week, when the Texas House passed S.B. 120. The bill, which establishes the Texas Tech University Health Sciences Center at El Paso as a standalone university within the Texas Tech University System, was the top legislative priority for the El Paso delegation this legislative session.
It represented the culmination of two decades of hard work and close collaboration by our community and the Texas Tech University System. Establishing an independent health sciences university is a key element of the El Paso region's educational, health care, and economic development strategies.
In plain language, the bill establishes TTUHSC at El Paso as an independent health sciences university with its own president and administration, schools with degree-granting authority, and greater local engagement in key hiring and funding decisions.
The move takes on greater significance given its role in regional priorities. It will continue to promote access to health care, attract more doctors and other health care professionals, and spur economic development through its key role in the Medical Center of the Americas.
As an independent health sciences university, TTUHSC at El Paso will be able to focus on research priorities such as diseases that affect Latinos and border populations. In addition, the Paul L. Foster School of Medicine, which will graduate its first class of doctors in May, and its companion, the Gayle Greve Hunt School of Nursing, will reduce the regional shortage of health care professionals and provide quality health care in a medically underserved area.
This drew support from Lubbock -- in March 2012, the Texas Tech University System Board of Regents voted to initiate the process of establishing a freestanding health sciences university with degree granting authority in El Paso. The new university will join Texas Tech University, Texas Tech University Health Sciences Center, and Angelo State University as the fourth component of the Texas Tech University System.
It also drew support from others in the state. It passed the Senate 30-1 and the House 141-3.
This support came in part because this investment doesn't only build El Paso -- it adds value to the region and to the state -- and in part because El Paso stepped up, from significant private donations to the community itself voting to build a Children's Hospital that will complement the medical school and the Medical Center of the Americas.
We don't often get to celebrate clear, huge victories in the Texas Legislature. This week, unambiguously, the Legislature stepped up and did the right thing, and delivered a win to El Paso and to the state.

Senator José Rodríguez represents Texas Senate District 29, which includes the counties of El Paso, Hudspeth, Culberson, Jeff Davis and Presidio. He represents both urban and rural, and more than 350 miles of Texas-Mexico border. Senator Rodríguez was elected in 2010, and is a member of the Criminal Justice, Veterans Affairs and Military Installations, and Government Organization committees, as well as serving as Vice Chairman of the Jurisprudence Committee.

Matt Angle: On Redistricting, It's About Morality

Michael Hurta — Sun, 05 May 2013 15:00:00 GMT

In most states, redistricting is a once-a-decade process. The state receives its new population numbers from the United States Census, and it draws a somewhat appropriate map for politicians to represent the state's citizens. Here in Texas, we do things differently. Redistricting is an ongoing process, and it's an ugly process that isn't going away.

In today's first Sunday Opinion, strategist Matt Angle gives yet another reason why the so-called leaders of Texas just need to stop meddling.

Read below the fold to get the latest.

Redistricting fights are a lot like cicadas - they emerge every 10 years. They're ugly and loud and get lots of attention. Then they go away.
Here in Texas, the redistricting fight is not going away.
Republican state and legislative leaders in Texas have taken redistricting far beyond a loud, ugly fight between Republicans and Democrats. They have turned it into an attack on racial fairness that involves the U.S. Department of Justice, two federal district courts and the U.S. Supreme Court.
Eight months ago, a three-judge federal court - including two judges appointed by Republican presidents - said it straight up, unanimously ruling on the redistricting maps submitted by Attorney General Greg Abbott that were passed by the GOP-led Legislature and signed by Gov. Rick Perry in 2011.
The judges said that the Texas maps were designed to discriminate - that the maps showed "more evidence of discriminatory intent than we have space, or need to address here."
Sadly, Texas is all alone - the only state in the country - that couldn't pass the most basic legal test for fairness.
All of the other southern states covered under the Voting Rights Act - Alabama, Georgia, Louisiana, Mississippi, Georgia and Virginia - were able to adopt district maps that did not discriminate against their minority citizens.
Rather than accept the ruling of the court and work to draw fair districts that reflect the racial makeup of Texas, Abbott, Perry, Lt. Gov. David Dewhurst and House Speaker Joe Straus have spent millions of Texas taxpayer dollars fighting to impose discriminatory boundaries on Texans.
Just last week, state Senate Republicans again demonstrated why Texans have no reason to trust the intentions of GOP leaders when it comes to fair district boundaries.
The senators gave barely 48 hours' notice for a public hearing on redistricting to consider maps they know members who represent Latino and African-American districts oppose. Of course, the leadership had no real interest in hearing from the public or giving anyone the chance to provide meaningful comment.
They simply intend to impose their will.
Even as the hearing proceeded, Abbott - on behalf of the state - has arguments pending in the U.S. Supreme Court demanding that the 2011 maps that the district court ruled discriminatory be imposed on Texas.
Going even further, Abbott is also arguing to repeal key provisions of the U.S. Voting Rights that protect against exactly the type of discrimination practiced by Texas GOP leaders.
Ultimately, it is almost certain that the courts will determine Texas district boundaries. Certainly, no one should expect a series of spirited redistricting debates in the Legislature with respectful back-and-forth negotiations and final agreement around maps that reflect fairness and common ground. GOP state leaders have shown no interest in that approach. Moreover, they have forfeited the basic trust such an approach requires.
The approach to redistricting chosen by those leaders exposes a dark and damning calculation. They have decided that as the Latino and African-American populations in our state grow, they would rather weaken and undermine minority voting strength than make fair and reasonable policy choices designed to win the support of Latino or African-American voters.
It's an approach that flies in the face of everything that so many Texans have fought and died for - the right to vote, the right to choose our own leaders, the right to be part of laying the course for our shared future.
As Texans we see ourselves - rightly - as forward-looking and fair. Our state leaders let all of us down when they design redistricting plans that aren't remotely fair or equitable and that discriminate against our citizens.
Texas is a better place than this.
Texans are better people than this.
It's time we acknowledged that this latest fight over the right to vote is not about politics or minorities at all.
It's about morality.

This op-ed was re-posted from The Texas Tribune. Matt Angle is a Democratic Strategist who directs the Lone Star Project.

Pete Gallego's Remarks at Immigration Panel

Michael Hurta — Tue, 30 Apr 2013 13:00:00 GMT

Yesterday evening, Congressman Pete Gallego hosted an immigration panel in San Antonio.

In Gallego's opening remarks, he spoke of the modern American Dream. In his speech, he told the story of Josue Obregon, a Retired United States Marine Corporal:

This is a story from Del Rio, Texas. Retired United States Marine Corporal Josue Obregon filed a petition for his wife Estéfania who still lived in Ciudad Acuña. The young couple was expecting their first child- when she suffered from an internal cyst which would require a blood transfusion.
She could not get the appropriate medical treatment in Mexico. And even though Mrs. Obregon had been approved for a spousal visa, it was still "being processed."
She would not be allowed to come to the United States to get the treatment she and her unborn child needed without an emergency visa.

Read the rest of the Obregons' story and Congressman Gallego's speech below the fold.

Thank all of you for coming today. I'm Pete Gallego, and I have the privilege of representing the people of the 23rd District in the US Congress. America is made up of many stories. I'd like to talk briefly about several of them; to underscore why immigration reform is so important to me and to the country.
I believe everyone in this country can write the next great chapter in the amazing American story.
The 23rd congressional district - runs 800 miles along the U.S./Mexico border. No other district in the country shares a larger border with our neighbors to the South. And, the 23rd congressional district is full of great American stories.
There was a young boy born in the small village of San Carlos, Mexico, with no electricity or running water. His parents were seasonal workers. He would make the trip with his parents when they would come to the US to work.
One year, when his parents made the trip and as he was growing older, his parents stayed long enough that he could start school.
He faced hardships. The New York Times chronicled the bus ride he was on as the longest bus ride in the nation. It was over 100 miles to school one-way.
And he was good at school. Even as a child, he knew that education was the only way to break out of the cycle of poverty.
When it came time for his family to return home, he refused. For a time, he lived on his own & fished in the Rio Grande for his food. He slept alone under the stars and made his way to the school bus every morning.
One day, tragedy struck. A fishing hook became embedded in this boy' finger. It got infected. He needed medical attention.
He wandered into the nearby town of Terlingua. There, a local businessman noticed the young man - and he noticed the fish hook protruding from his finger.
The businessman learned that this little boy lived on his own. He took the young boy in so he could have a real roof over his head while he continued his studies.
After high school, he wanted to give back to the country he had come to love. He joined the United States Navy. He earned numerous awards. He became a citizen. He served in the Navy for eight years, left to start college and found a job in the Texas Capitol.
From the new man on the totem pole, he worked his way up to become chief of staff to a member of the Texas House.
How do I know all of this? Because the young man in question was my chief of staff.
Today he's graduate of The University of Texas School of Law and awaiting the results of the Texas Bar Exam.
That's the power of the American dream. That is a great American story.
But it wouldn't have been possible if somewhere along the way, this young man hadn't been able to adjust his status.
There are many stories just like his. We saw some of those stories in the video today. The stories of parents who moved to find work - to give a better life to their children. The stories of kids just like my friend, who have grown up here their entire lives, been dedicated to their studies, have gone to college but are in limbo. Even though they got some help through the President's deferred action program, they are in fear that at any second - they could lose their status and be yanked from this country.
This auditorium is full of folks with great American stories - many with immigrant ties.
Congressman Castro's grandmother came to this country as an orphan from Mexico. Representative Rafael Anchia here in the audience, is the son of Mexican and Spanish immigrants who came to this country in pursuit of the American dream. The mother and grandmother of Representative Poncho Nevarez, from Eagle Pass, also here in the audience came to this country from Mexico in the 50s to work. All of these folks have great American stories.
There are folks who say people should always "wait their turn." To these constituents, the current system meant a bureaucracy that could literally hold the power of life and death. Here's what could happen when an immigration system isn't based on reality.
This is a story from Del Rio, Texas. Retired United States Marine Corporal Josue Obregon filed a petition for his wife Estéfania who still lived in Ciudad Acuña. The young couple was expecting their first child- when she suffered from an internal cyst which would require a blood transfusion.
She could not get the appropriate medical treatment in Mexico. And even though Mrs. Obregon had been approved for a spousal visa, it was still "being processed."
She would not be allowed to come to the United States to get the treatment she and her unborn child needed without an emergency visa.
Even as the spouse of a retired Marine, whose spousal visa had already been approved for the future, her emergency visa was denied. Finally, my office stepped in, and Mrs. Obregon was able to get to the hospital in Del Rio and give birth to a beautiful baby boy. And now this baby boy will be able to write his own great American story. But this was not due to the current immigration system, which would potentially have allowed both mother and son to die due to inadequate medical care while "waiting in line" for a visa that had already been approved.
Here is the message for all of you. Immigration reform is coming - but it's not because some people in Washington have had a change of heart. They haven't. They've had a change of mind.
Seventy one percent of Latinos - due partly to what they considered to be hostility on immigration - voted for a Democratic President. Most people who run for office understand demographics. They understand that unless they want to become politically irrelevant - it's time to move forward on immigration reform.
If you want your friends, your neighbors, the kids in schools, to have a shot at writing the next great American story, you need to participate in our democracy. Vote. There are folks here right outside who are registering voters. If you're eligible and haven't already done so, please do so. Get others to the polls as well. Tell elected officials that you support reform and that the time is now
.
At some point, I hope our elected officials will be willing to help people like Benjamin- the student in the video, or Sra. Canizales- the mother who courageously shared her story, finish their own chapters in the American story.
The time has come to craft a solution.
My paternal grandfather worked cattle and founded a small restaurant, my maternal grandfather built fences across the hardscrabble landscape of West Texas. Today I have the privilege of representing the 23rd district in congress. That is my American story.
In this nation, our values teach us that families should stick together and that hard work, not circumstances, should shape our future. Our nation becomes stronger as more people pledge allegiance to our flag and can commit fully to this nation and our economy. Immigrants have made this country great. Many of these immigrants will be writing the next great chapter in this American story.
With that, I have the honor of introducing Congressman Luis Gutierrez from the state of Illinois, who has been THE point person on immigration reform in the U.S. Congress.
Es un placer tener el privilegio de presentarles a Luis Gutierrez.

New Texas Democratic Party Executive Director: Will Hailer

Michael Hurta — Thu, 25 Apr 2013 14:00:00 GMT

Today, the Texas Democratic Party has a new Executive Director: Will Hailer. Earlier this month, then-director Bill Brannon sent an email to the TDP's list:

Will comes to Texas from Minnesota where he served as Campaign Manager and later District Director for Congressman Keith Ellison (MN-05). Prior to that he served as Director of Development for the Virginia Senate Democratic Caucus, where he raised millions of dollars for the caucus and their candidates and he has worked in various leadership positions for the Democratic House Caucus in Minnesota.
Will got his political start doing grassroots community organizing with the late Senator Paul Wellstone. From that beginning he has been active in the campaigns of hundreds of Democratic candidates in Minnesota, Iowa, North Dakota and Virginia. He is a veteran of recounts of Al Franken and Mark Dayton among others and has done caucus organizing work for the Dean, Edwards, and Clinton campaigns as well as several gubernatorial and congressional candidates.
Will has the experience, energy and ideas to help turn Texas Blue and the TDP looks forward to his leadership. His start date with the Party will be April 25 but he will be around this weekend at the Equality Forward Summit, so those of you in attendance take the time to meet him and welcome him to Texas.

Will has undoubtedly already realized that there's much work to do. But Texas will only gain from more experienced hands on deck. Between TDP's revival, Battleground Texas, and more; we might actually see a Blue officeholder before this decade's end.

Follow Will on Twitter @willhailer! And click below the fold to read TDP's full email.
Full Email from Bill Brannon of TDP on April 4, 2013:

Dear Democrats -
I write to you today with news of a transition.
At the end of April the Texas Democratic Party will welcome Will Hailer as the new Executive Director.
Will comes to Texas from Minnesota where he served as Campaign Manager and later District Director for Congressman Keith Ellison (MN-05). Prior to that he served as Director of Development for the Virginia Senate Democratic Caucus, where he raised millions of dollars for the caucus and their candidates and he has worked in various leadership positions for the Democratic House Caucus in Minnesota.
Will got his political start doing grassroots community organizing with the late Senator Paul Wellstone. From that beginning he has been active in the campaigns of hundreds of Democratic candidates in Minnesota, Iowa, North Dakota and Virginia. He is a veteran of recounts of Al Franken and Mark Dayton among others and has done caucus organizing work for the Dean, Edwards, and Clinton campaigns as well as several gubernatorial and congressional candidates.
Will has the experience, energy and ideas to help turn Texas Blue and the TDP looks forward to his leadership. His start date with the Party will be April 25 but he will be around this weekend at the Equality Forward Summit, so those of you in attendance take the time to meet him and welcome him to Texas.
But enough about Will.
I will be staying with the Party and transitioning into the position of Senior Advisor. In that role I will still be in the Party office-but a lot less. While providing the necessary support for the Chair and the ED, the position will give me much more time to concentrate on doing what we all participate for, helping elect Democratic candidates. It will also allow me to return to rural organizing, which I have really missed, and to pursue some additional personal projects as well as to spend more time at home. My wife Vali and my family have been incredibly understanding and supportive, but my dogs are a bit grumpy. I very much look forward to Will's arrival and my new status.
The last nearly two years have been really rewarding for me personally. I want to thank Chairman Hinojosa and Chairman Richie for giving me this wonderful opportunity. I've had the privilege of working with many amazingly talented staffers, Party leaders, elected officials and dedicated Party activists. And I want to thank all Texas Democrats who help our Party and our candidates.
Just one more thing: If you want to make both the new ED and the old one happy, go to the button below and make a small donation. Better yet go to the website and become a Sustaining Member. Let's keep working together for a better Bluer Texas.
Sincerely
Bill Brannon

Suit Filed to Remove Lehmberg; Next Move for Judge & Escamilla

Michael Hurta — Wed, 17 Apr 2013 22:42:43 GMT

In the continuing saga resulting from District Attorney's Rosemary Lehmberg's DWI from this past weekend, local attorney Kerry O'Brien has filed suit to remove Lehmberg from office. The suit is based off of chapter 87 of Texas's Local Government Code.

From the KXAN story:

An Austin lawyer is asking the courts to removed Travis County District Attorney Rosemary Lehmberg from office, saying her arrest last weekend on a drunken driving charge undermined her abilities as a prosecutor.
"As a prosecutor with other 35 years of experience prosecuting drunk drivers, Lehmberg was well aware of the extreme danger of getting behind the wheel of a car intoxicated and driving it at night on a public road," Kerry O'Brien said in his petition to the district courts of Travis County.
"Lehmberg violated the public trust, demeaned her office and created a substantial risk of injury to others."
The petition from O'Brien, an employment attorney who owns his own law firm, was filed with the courts on Tuesday and cites Lehmberg's own letter to the courts saying that she planned to plead guilty.
O'Brien specifically asks the court to temporarily remove Lehmberg while a case is prepared to have her permanently stripped of her office.

In Travis County, however, the District Attorney's office doesn't prosecute most DWI offenses, misdemeanors handled instead by the County Attorney's office.

Below the jump, watch Harold Cook explain that and other problems with Lehmberg leaving office.

Attorney Kerry O'Brien has started a Facebook page, "Remove Rosemary Lehmberg," and he is a regular voter who voted in the Republican primary in 2010 and 2000 (as well as the Democratic primary in 2008).

For removal proceedings to occur, a district judge must grant an order of citation and serve Lehmberg. If the judge issues such a citation, the judge may then temporarily suspend Lehmberg and appoint someone to perform the duties of District Attorney during the temporary suspension. O'Brien hopes that such temporary suspension of Lehmberg occurs, as well.

A trial to remove Lehmberg may require the cooperation of County Attorney David Escamilla, who might even have the power to stop it from happening. Statue generally requires that "The county attorney shall represent the state in a proceeding for the removal of an officer." The statue further lists exceptions that would only apply here if Escamilla himself is also subject to removal proceedings.

A legal argument exists that the suit may not be able to move forward if Escamilla chooses not to join the proceedings. In the 1955 case Garcia v. Laughlin, the Texas Supreme Court declared, "Individual citizens have no private interest distinguishable from the public as a whole and have no right to maintain an ouster suit without being joined by a proper state official." (emphasis added). That declaration has been followed numerous times since.

Garcia was even extended in 2011 when the Harris County Department of Education began similar proceedings against trustee Michael Wolfe. The Department and four of its trustees eventually moved to depose Wolfe under pre-suit discovery rules, which the district court allowed, but the Texas Supreme Court stated that the trial court abused its discretion for granting even pre-trial discovery "without the request of the county attorney who must prosecute an ouster action for the State."

So, Kerry O'Brien still has long to go before ousting Rosemary Lehmberg. If a district judge grants an order of citation against Lehmberg, Escamilla will have a big decision to make. It's possible that Escamilla can stop this removal hubbub dead in its tracks and that Lehmberg would serve her DWI sentence before simply finishing out the remainder of her term.

Below is the text of O'Brien's entire petition as well as citation to the two quoted Texas Supreme Court cases.

Cited cases:
Garcia v. Laughlin, 285 S.W.2d 191, 193 (Tex. 1955)
In re Wolfe, 341 S.W.3d 932 (Tex. 2011)

The following is the text of O'Brien's lawsuit, pulled from his Facebook page:

TO THE HONORABLE JUDGE OF THIS COURT:
COMES NOW, the STATE OF TEXAS, by the relation of KERRY V. O'BRIEN ("O'Brien"), and files suit against Respondent-Defendant ROSEMARY LEHMBERG ("Lehmberg") in her official capacity as District Attorney of Travis County, seeking Lehmberg's removal from her public office pursuant to Chapter 87 of the Local Government Code, and in support would respectfully show as follows:
I. DISCOVERY CONTROL PLAN
1. Discovery will proceed under a Level 3 discovery control plan as set out in Texas Rule of Civil Procedure 190.4.
II. PARTIES
2. Kerry V. O'Brien is a resident of Travis County, Texas. O'Brien has resided in Travis County continuously since at least 1999. Pursuant to Local Government Code section 87.018, O'Brien is acting in the capacity of relator in this action being brought by the State of Texas. As required by Local Government Code section 87.015(b), O'Brien is not nor has he ever been under indictment for any crime in any jurisdiction.
3. Defendant Rosemary Lehmberg is the current criminal district attorney for Travis County, having been duly elected to that position in 2008 and re-elected in 2012. Lehmberg resides in Travis County. Lehmberg may be served with citation at her residence at 2606 Deerfoot Trail, Austin, Texas, or, in the alternative, at her current place of employment at the Travis County District Attorney's Office, 509 W. 11th Street, Austin, Texas.
III. JURISDICTION AND VENUE
4. Pursuant to Texas Local Government Code section 87.015, this cause is being filed in the county of Lehmberg's residence.
5. The subject matter is within the jurisdiction of this court.
6. All parties are subject to this court's personal jurisdiction.
IV. BACKGROUND FACTS
7. Lehmberg is the current criminal district attorney for Travis County, Texas. She was duly elected to her position in 2008, and re-elected in 2012.
8. Under Texas law, a Texas district attorney is responsible for representing the State in all criminal cases in the district courts of her district, and in appeals therefrom. Furthermore, the Travis County District Attorney holds the unique position of having the responsibility of enforcing the state's Government and Election codes statewide. The Travis County District Attorney's office performs this function through the state-funded Public Integrity Unit. Therefore, Lehmberg holds the dual responsibility of leading the prosecution of local crimes as well as certain violations of law by Texas state and federal elected officials.
9. Upon information and belief, at or around 10:45 p.m. on April 12, 2013, Lehmberg was traveling in her vehicle on FM 620 near the Steiner Ranch neighborhood in northwest Travis County.
10. Upon information and belief, motorist Mark Weston, traveling behind Lehmberg, observed Lehmberg's 2001 Lexus swerving in and out of a bike lane for about one mile on the southbound side of FM 620 near RM 2222. As Lehmberg approached Comanche Trail, Weston observed Lehmberg's vehicle swerve into oncoming traffic. Weston called 911 to report the danger. Lehmberg subsequently pulled to the side of the road in front of St. Luke's on the Lake Episcopal Church in the 5600 block of FM 620.
11. Upon information and belief, within minutes, deputies from the Travis County Sheriff's Office reported to the scene and engaged with Lehmberg. Deputy J. Ribsam described Lehmberg as moderately intoxicated, with bloodshot, watery and glassy eyes. Deputy Ribsam further found that Lehmberg appeared "excited," "insulting," "cocky," yet "cooperative." He further described Lehmberg as disoriented, with slurred speech, and described seeing her swaying and staggering. After Lehmberg failed portions of the field sobriety test administered by the officer, she refused to cooperate with further testing. An open container of vodka was found in the passenger compartment of her vehicle. Lehmberg stated that she had consumed two vodka drinks earlier in the evening.
12. Lehmberg was arrested for driving while intoxicated, booked and subsequently released. Upon information and belief, approximately three hours after the arrest, Lehmberg's blood was drawn pursuant to a court order to examine her blood-alcohol concentration level. At this time, Relator is unaware of the results of the sample.
13. Under Texas Penal Code Chapter 49, a generic first-time conviction for DWI is a Class B misdemeanor, with a minimum of 72 hours of confinement. If the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is still a Class B misdemeanor, but with a minimum of six days of confinement. If it is shown at trial that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense becomes a Class A misdemeanor. Generally, the punishment for a Class B misdemeanor is a fine of up to $2,000 and/or confinement for up to six months. Generally, the punishment for a Class A misdemeanor is a fine of up to $4,000 and/or confinement for up to one year.
14. Upon information and belief, on or about April 14, 2013, Lehmberg emailed Travis County Attorney David Escamilla from her personal email account a letter in which she admits that she was guilty of driving while intoxicated:
To: Mr. David Escamilla and the Judge of any Court of Jurisdiction
From: Rosemary Lehmberg
Date: April 14, 2013
Please accept this as my Plea of Guilt to the Charge of Driving While Intoxicated, arising from my arrest on 4/12/13, for whatever level of offense is determined to be justified by the facts.
I enter this unconditional Plea without request for delay, without legal argument by counsel, without any plea bargain, and without any request for leniency or consideration of any type.
I am guilty of DWI and of acting unreasonably and the fault is all my own.
I am deeply sorry for my actions. I apologize to the citizens of Travis County and specifically to the dedicated officers and employees who had to deal with my violation and any disrespectful conduct after my arrest.
Further, I agree to appear, without delay, to enter this plea and I accept whatever assessment of jail time is deemed appropriate by the sentencing Court.
15. Pursuant to Texas Local Government Code Section 87, a district attorney may be removed from office for intoxication on or off duty caused by drinking an alcoholic beverage. Lehmberg has already admitted that she was intoxicated and all indications suggest that it was caused by drinking an alcoholic beverage. Her forthcoming guilty plea will demonstrate such as a matter of law.
16. While the removal law could be abused by overzealous citizens for political purposes, such is not the case here. As a prosecutor with over 35 years of experience prosecuting drunk drivers, Lehmberg was well aware of the extreme danger of getting behind the wheel of a car intoxicated and driving it at night on public roads. Lehmberg violated the public trust, demeaned her office and created a substantial risk of injury to others. The fact that Lehmberg had an open container of vodka within her passenger compartment and refused to cooperate with the responding officers further demonstrates an inherent disrespect for the public safety laws she is charged with enforcing. Under the circumstances, Lehmberg has demonstrated that she should be removed from the office to which she was elected.
V. JURY DEMAND
176. As required by Local Government Code section 87.018, a jury trial is demanded.
VI. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, the State of Texas ex rel. Kerry V. O'Brien respectfully requests that:
a. The Court order that citation and a certified petition be served on Lehmberg;
b. The Court temporarily suspend Lehmberg and appoint another person to perform the duties of the office, in accordance with Local Government Code section 87.017;
c. After service of citation, Defendant Lehmberg be summoned to answer this suit within the time required by law;
d. After trial on the merits, a jury finding be entered that Rosemary Lehmberg was intoxicated on or off duty from drinking an alcoholic beverage, thereby warranting removal from office pursuant to Local Government Code Chapter 87, and that Lehmberg be so removed; and
e. The Court award court costs to the State and/or Relator and any other relief to which it may be entitled.
Respectfully submitted,
Kerry V. O'Brien
Relator

Annise Parker Calls for CSN Houston Summit

Michael Hurta — Fri, 12 Apr 2013 15:00:00 GMT

Since our tax dollars tend to heavily support the sports we love, it was only a matter of time before a politician waded into a battle for getting one of Texas's exclusive sports channels onto constituents' televisions. Mayor Annise Parker took a stand today on behalf of Houston sports fans.

The Burnt Orange Report readers who root for a Houston team or two may be frustrated that they cannot see their favorite baseball, football, or soccer team on television.

The Houston Rockets, the Houston Astros, and NBC Sports started a Houston-based sports network six months ago, the Comcast Sports Network - Houston, and the network shows Houston Dynamo games, as well. But the network is available only on Comcast, owned by NBC. Comcast does not even cover a majority of Houston (not to mention Austin or other nearby markets with fans).

Mayor Parker, hoping to help remedy the situation, today called for a summit with the local television providers and CSN Houston. Read on to learn about the proposed summit and its chances of success.
From the Houston Chronicle article:

Mayor Annise Parker has asked officials of DirecTV, AT&T U-verse and Suddenlink Communications to meet in Houston with her and with officials with Comcast SportsNet Houston to discuss a solution to the unresolved carriage negotiations between providers and the Rockets- and Astros-owned network.
In Parker's one page-letter, dated April 5, the mayor said she was requesting the meeting "on behalf of the millions that passionately root for our Houston teams."
"The proud followers of our Houston teams - many of whom have paid for the venues where the Astros, Dynamo and Rockets compete - have been patient as your negotiations with Comcast SportsNet Houston have unfolded," Parker wrote. "That said, as the Rockets push toward the NBA playoffs and the Astros and Dynamo seasons get underway, the situation is intolerable."
Parker last month also described as "intolerable" the impasse between the providers and CSN Houston, the six-month-old regional sports network that airs Rockets, Astros and Dynamo games and is owned by the Major League Baseball and NBA teams and the NBC Sports Group.

All parties have agreed in principle to a meeting.

It's nothing but good news for fans that the mayor is getting involved in CSN Houston, but it's unclear how much her summit can move the needle. If the Longhorn Network is any indication, adding providers to an exclusive and local sports channel will be a slow and long haul. The differences, however, between the Longhorn Network (which only shows two or three games for its flagship sport, Football) and CSN Houston (which shows a majority of games for three sports) may make a difference.

Unfortunately, a window may be closing for a deal. The Rockets are finally a playoff team again, but their regular season is almost done. And before this season, both the Astros and Rockets teams fared poorly, which effected their television ratings. Or, as AT&T puts it: an "historical lack of viewership of Rockets and Astros games." And the Astros, meanwhile aren't getting good again until next year, and that's if one's a mighty optimist.

But Parker may still find opportunity to place political pressure on each party. If nothing else, the popular mayor is up for reelection this November. I imagine there aren't many issues as popular as getting everyone's favorite sports teams onto their television sets. If anyone's in a position to flood each of these parties with bad press, it's Annise Parker.

If Houstonians can't watch their teams for too much longer, I imagine other politicians will join in, too. If the corporations involved think their PR is bad now, they should wait until a major city's bipartisan set of politicians agrees on one thing: to yell at them.

Uresti & Rodriguez: No place for scare tactics in immigration reform debate

Michael Hurta — Sun, 07 Apr 2013 20:00:00 GMT

The vast majority of Americans are now in favor of comprehensive immigration reform, and lawmakers on both sides of the aisle in Congress are closer than ever to reaching a compromise on this divisive issue. In this joint op-ed, Sen. Uresti and Sen. Rodriguez say it's time for the debate to proceed without the scare tactics that some have employed to impede reform efforts.

U.S. Sen. John Cornyn recently sent out a tweet claiming that a friend's property was being overrun with illegal border crossers - 300 each night. Sen. Cornyn has yet to identify the friend or substantiate the numbers, which would add up to 110,000 undocumented immigrants each year in this single soft spot, where ever it is.
Texas border sheriffs and the Border Patrol found the claim implausible. In fact, the Border Patrol estimates that 51,517 illegal immigrants eluded capture along the Texas-Mexico border in 2011, according to the Dallas Morning News. For the tweet to be true, more than twice as many immigrants must be entering at this one spot than can be accounted for along the entire border.
The immigrant invasion tweet is similar to other tall tales we've recently heard about the U.S. border: Phoenix is the second kidnapping capital of the world; drug cartel violence is "spilling over" into American streets; Mexico is a gateway for Islamic terrorism.

Read more below the jump about immigration reform; not a gateway to Islamic terrorism.

The idea, of course, is to paint a menacing picture of an out-of-control border, bolstering the false premise that border control must be firmly established before Congress can turn its attention to meaningful immigration reform. And, as these border myths continually show, the government will never reach a level of security that's good enough for those opposed to immigration reform. The stories never end, just like the installments on a payday loan.
Reform opponents have been playing this game for quite a while. In 2007, Republican lawmakers demanded that President George W. Bush deploy four drones to scan the border, build 105 radar and camera towers, raise the number of Border Patrol agents to 20,000, and erect 670 miles of fencing. After that's accomplished, they said, we can take up reform.
Today, according to Businessweek magazine, the U.S. has 10 border drones, 300 towers, and 21,394 agents - 18,500 of them stationed along the U.S.-Mexico border. Fencing now covers 651 miles of the border, twice the length in 2009, and immigration agents have deported some 1.5 million undocumented workers in the past four years, the most since Dwight Eisenhower was president.
Because of those numerous efforts and other factors, including the U.S. recession, Border Patrol apprehensions of all unauthorized immigrants are at the lowest level since 1971, according to a study by the Pew Research Hispanic Center.
But still for some, this is not enough. They say the border remains out of control; immigrants are illegally crossing all around us - in one spot 300 every night! - therefore we cannot yet take up immigration reform.
It is tragic for our nation that such attitudes persist, particularly at a time when comprehensive immigration reform appears to be within our grasp. There has been a renewed push, among both Democrats and Republicans in Washington, to reform our broken immigration system. The American people want action - 62 percent of us support reform, according to a recent poll by the Associated Press.
We certainly believe that public safety and American sovereignty are vitally important, but immigration reform is not about border security. To the extent that we must be smarter and more focused in that effort, by all means, let's do so. But let us not hold the fate of millions hostage to anecdotes on Twitter and unsubstantiated terrorism claims at this critical juncture.
Immigration reform is the right thing to do, the fiscally responsible thing to do, and the humanitarian thing to do. Based on the role that immigrants have played in the history of our country, it is also the American thing to do.

Lee Leffingwell Named "America's Best Dressed Mayor" By Esquire Magazine

Michael Hurta — Mon, 01 Apr 2013 19:00:00 GMT

From the mayor's office:

Lee Leffingwell Named "America's Best Dressed Mayor" By Esquire Magazine

Austin, Texas - Esquire Magazine has announced it will name Austin's Mayor Lee Leffingwell as "America's Best Dressed Mayor" in the magazine's April issue.
Since the launch of Esquire in 1933, the magazine has profiled dozens of "Best Dressed Men" including Carey Grant, George Clooney, and Ryan Gosling. Esquire has also highlighted "Best Dressed Mayors" in the past, including former San Francisco Mayor Gavin Newsom, and former Baltimore Mayor and current Maryland Governor Martin O'Malley. This is a first-time nod to Austin and Leffingwell.
A former Navy aviator and commercial airline pilot, Leffingwell said his style comes from his years of flying. "I mostly wear what's comfortable," said Leffingwell. "I like a shirt with a pocket - it's good for a pen or if you want to hold on to a note, or maybe keep certain kinds of food for later, like a biscuit. In the summertime, I like to wear short sleeves. It's cooler that way. Oh, and I also wear sensible shoes."
The magazine will appear on national newsstands today, April 1st.