This Week in Texas: Mignon McGarry Memos

August 2010

With early voting set to begin in 47 days and the general election only 63 days away, Harris County officials are hard at work after a fire last Friday destroyed nearly all Harris County's electronic voting machines. The Harris County Commissioners Court approved County Clerk Beverly Kaufman's emergency plan Monday to spend $13.6 million to buy 2,325 electronic voting machines and supporting equipment.  Kaufman's plan also includes 1.4 million paper ballots, which will be distributed to polling stations as a backup in case a shortage of machines leads to long lines.  Why is this fire a big deal? Harris County, with 1.9 million registered voters, accounts for nearly 15 percent of the state's electorate.  It is also home to the Democrat candidate for governor, Bill White.  Concerns over voter participation let sixteen Democratic lawmakers from Harris County to send a letter to U.S. Attorney General Eric Holder calling on the Department of Justice to assist and oversee the new plans for conducting the upcoming elections in Harris County.

Speaking of the gubernatorial race, the five largest newspapers in Texas announced plans to host a gubernatorial debate on Oct. 19^th at 7:00pm in KLRU’s studio in Austin.  All candidates who register 10 percent or better in a preference poll to be conducted by the newspapers in mid-September will be invited.  Both Gov. Rick Perry and former Houston Mayor Bill White will receive invitations to attend. Libertarian Katherine Glass will have to improve in the polls in order to secure an invitation. Perry has repeatedly said he won't debate White until White releases tax returns from the 1990s.

Rep. David Swinford (R-Dumas) announced that he is retiring, effective today. Last year, Swinford announced that he would not run for another term as representative of House District 87.  Republican Four Price and Democrat Abel Bosquez are on the general election ballot for November 2. Due to the timing, Governor Rick Perry announced that he will not call a special election for the seat.  The seat will remain vacant until the winner of the general election contest is sworn in on January 11, 2011.

John Cullar, the Democratic nominee running against Sen. Brian Birdwell (R-Granbury) in Senate District 22, pulled out of the race on Friday, the last day before the November ballot was set. Cullar and the Texas Democratic Party had argued that Birdwell was ineligible to run for the seat because he had not lived in the district for five years as required by the Texas Constitution. Last Thursday, the Fifth Court of Appeals in Dallas denied Cullar’s petition on technical legal grounds for the Democrats failing to first take their case to the Republican Party of Texas, which had the ability to remove Birdwell from the ballot.

At the state capitol, Texas House and Senate committees have heard testimony from the state’s budget experts regarding the predicted budget shortfall.  The state’s revised business franchise tax is not living up to expectations.  During a hearing this week, the Texas Comptroller’s Office said that Texas will collect $3.85 billion this year, a figure that is down $500 million from what was anticipated in the biennial revenue estimate.  In addition to examining tax collections, legislators will begin considering other ways to reduce the biennial budget.  As state agencies begin to submit their LARS (Legislative Appropriations Requests), look for proposed reductions to the state’s public employee workforce.

Wednesday, August 18, 2010
This week, we continue our focus on frequently asked questions.

Are Twitter, Facebook and other forms of social media being widely used by politicians in Texas?

For those of you who have been hoping that the use of social media is a phase that you can avoid, you better learn the lingo and join the fray.  Politicians across Texas, especially statewide officials and members of the Texas Legislature, have jumped on the bandwagon.

The tweeting in Texas picked up during the 81st Legislative Session in 2009.  Governor Perry tweets as does Lt. Governor David Dewhurst and Texas House Speaker Joe Straus.  Perry and Dewhurst are on Facebook as well.  Some politicians choose to have campaign related pages as well as personal pages but most combine the two.  Many state legislators have their Facebook pages set up to automatically accept friend requests so no potential voter feels left out.

State agencies have gotten into the act, using social media to provide information to the general public.  Follow this link to Texas.gov to learn which agencies have a social media presence click here.

During this interim, Lt. David Dewhurst charged the Senate State Affairs Committee with discussing how advances in technology and the emergence of various forms of social media have affected communications by and within governmental bodies.   During a hearing on the issue on May 11th, senators heard from various groups and individuals who urged them to incorporate rules on the use of social media into the Texas Public Information Act.

Wednesday, August 11, 2010
This week, we continue our focus on frequently asked questions.

What is the Rainy Day Fund? Where does the money in the fund come from and are there limitations on its use?

In 1988, Texas voters approved a constitutional amendment that required periodic transfers into a new Economic Stabilization Fund, or "Rainy Day Fund," as a cushion against unexpected revenue shortages.  Deposits into the fund consist of transfers of half of any General Revenue Fund surplus in each biennium and 75 percent of any oil and natural gas production taxes exceeding 1987 levels.  The fund is capped at 10 percent of the total general revenue budget.  Texas State Comptroller Susan Combs has forecast that Texas will have $8.2 billion in its Economic Stabilization Fund by Aug. 31, 2011.

In Texas, in order to use the money in the fund to address an unexpected budget deficit or a decrease in revenue certified by the comptroller, there must be a three-fifths vote of each house of the Texas Legislature.  In order to use money for any other purpose, like a budget shortfall, a two-thirds vote is required.

The majority of states have rainy day funds.  In the last two fiscal years, states have tapped their rainy day funds at levels not seen since the 2001 recession.  States have various restrictions on how the money can be removed and spent. In some states, the governor has the power to transfer funds but in other states, only a supermajority vote of the legislature can approve the transfer of funds.

As state budgets are under pressure across the United States, state legislators are being encouraged to continue adding to these rainy day funds.  In a speech last week to the Southern Legislative Conference of the Council of State Governments, Federal Reserve Chairman Ben Bernanke encouraged states to continue amassing these reserve funds even as the economy slowly improves.

Wednesday, August 4, 2010

As the oppressive Texas heat of August rolls in, Austin is quiet as legislators and their staffs attend legislative conferences in cooler locations and other capitol denizens take that last summer vacation before school starts.  Absent any breaking news, the Mignon Memo will focus on frequently asked questions this month to provide some general background information as we begin preparations for the 82nd Legislative Session.

What do the acronyms "LBB" and "LAR" mean? Why are they important?

As agencies begin to develop their Legislative Appropriations Requests (LARs) for the 2012-2013 biennium, it is a good time to focus on the Legislative Budget Board (LBB).  The LBB is a permanent joint committee of the House and Senate that assists the Texas Legislature with fiscal matters. It creates fiscal analyses for proposed legislation, develops budget and policy recommendations for state agencies, and conducts performance reviews of state agencies to improve efficiency.  The Lieutenant Governor and the Speaker of the House serve as joint chairs of the LBB.  The Chairs of the Senate Finance Committee, the House Appropriations Committee and the House Ways and Means Committee are automatic members.  The Lieutenant Governor then appoints three Senate members and the Speaker appoints two House members.  The LBB has been led by five directors since its creation with John S. O'Brien currently directing the agency.

The LBB was created in 1949 to address the escalating state government expenditures after the end of World War II; and to satisfy a recommendation from the State Auditor's Office for the creation of a legislative committee for the continuous review of state spending. All state agencies were required to submit their budget requests to the LBB for review and recommendations.  In 1973, the LBB's duties were expanded to include evaluation of agency programs and estimation of the probable costs of implementing legislation introduced in the legislative session.  Fiscal notes become even more critical in years of tight budgeting.  A high fiscal note often kills a bill before the merits are debated. 

Each agency's appropriation request provides a fiscal expression of the agency's strategic priorities. This fiscal expression includes quantitative information such as projected performance, projected cost, and methods of financing proposed for state services. In addition to numerical figures, information is also provided in the form of narrative language or "riders".   Each LAR is divided into two components: the "baseline" or "base level" request; and requests for consideration of "exceptional items," which are desired services in addition to the baseline request.  As a starting point for budget deliberations for the upcoming biennium, an agency's baseline request for general revenue related (GR and GR-Dedicated) funds may not exceed the sum of amounts expended in fiscal year 2010 and budgeted in fiscal year 2011 adjusted to reflect the full five percent reduction target identified by the LBB for each agency. Agencies must also submit a supplemental schedule detailing how they would reduce the baseline request by an additional 10 percent (in five percent increments) in general revenue-related funding.  The House Appropriations Committee and Senate Finance Committee will start reviewing these LARs this fall.

Still curious? Click here to view LBB's website where you can access the current state budget as a publication entitled Budget 101: A Guide to the Budget Process in Texas.

Wednesday, July 28, 2010
Sen. Brian Birdwell (R-Granbury) was the unanimous choice of the eight Republican Party county chairs to appear as the Republican Party's nominee for Senate District 22 on the November general election ballot.

President Barack Obama will be in Texas in early August.  He plans to headline an August 9th fundraiser in Austin for the Democratic National Committee.  He is also scheduled to headline a Democratic Senatorial Campaign Committee event the same day in Houston.

Last week, Lt. Governor David Dewhurst announced changes to Senate committee membership for the 81st Legislature, including eight committee chairmanships.  To view the complete list, click here.

The latest campaign finance reports are posted on the Texas Ethics Commission website.  In the race for governor, Gov. Rick Perry and challenger Bill White both raised around $7 million for their campaigns during the latest reporting period.  White reports having $9 million cash on hand compared to Perry's $6 million. The latest poll from Rasmussen Reports shows Perry with the support of 50 percent of likely voters, compared to White's 41 percent.

Many legislators will head to Louisville, Kentucky next week for the Annual Legislative Summit held by the National Conference of State Legislatures.  Featured speakers include U.S. House Speaker Nancy Pelosi, U.S. Senate Republican Leader Mitch McConnell and former Florida Governor Jeb Bush. This is one of three national conferences where state legislators gather to exchange ideas with their counterparts from other states.

Wednesday, July 14, 2010

Sen. Brian Birdwell (R-Granbury) has been sworn in and former Sen. Kip Averitt (R-Waco) has officially withdrawn his name from the November general election ballot. That clears the way for the Republican and Democrat county chairs in the ten counties that make up Senate District 22 to choose their respective nominees for the November ballot.  The parties have until August 24^th to make their selections.  The Republican chairs are not required to choose Birdwell and the Democrats get a second chance since no one had filed to run for the seat in the Democratic primary. Stay tuned.

Campaign finance reports for the first six months of 2010 are due at the Texas Ethics Commission today. Expect them to begin showing up on the commission's website as soon as tomorrow.  To see how much money your favorite candidate has on hand, click here and type in their name.

Texas has been named America's Top State for Business 2010 by CNBC.  Those of you in Austin today can swing by Katz's Deli on 6^th street to watch a live broadcast touting the strength of the Texas economy.

Wednesday, July 7, 2010

Governor Rick Perry appointed Brenda Pejovich of Dallas to the University of Texas System board of regents. Pejovich, a certified public accountant and CEO of BFG Management Co., replaces James Huffines. 

The Texas Transportation Commission has named Howard Wolf, an attorney and businessman who was former member of the Sunset Advisory Commission and Jay Kimbrough, general counsel for the Texas A&M University System and former senior advisor to Gov. Rick Perry, to a committee assigned with the task of reorganizing the Texas Department of Transportation. The committee, whose other members have yet to be named, will be tasked with reviewing the management audit conducted by Grant Thornton as well as recommendations from the Sunset Advisory Commission.

Thursday, July 1, 2010

Yesterday, Lt. Gov. David Dewhurst made his much anticipated appointments to the Senate Select Committee on Redistricting. The panel will be chaired by Sen. Kel Seliger  (R-Amarillo) and the vice chair will be Sen. Mario Gallegos (D-Houston).  Gallegos served as co-chair of a similar committee ten years ago.  The 11-member panel will have seven Republicans and four Democrats. The members include the following: John Carona (R-Dallas), Kevin Eltife (R-Tyler), Craig Estes (R-Wichita Falls), Juan "Chuy" Hinojosa (D-McAllen), Joan Huffman (R-Houston), Dan Patrick (R-Houston), Royce West (D-Dallas), Tommy Williams (R-The Woodlands) and Judith Zaffirini (D-Laredo).

Going into this holiday weekend, the Capitol has been abuzz with activity. Monday, the House Committee on Environmental Regulation discussed recycling. On Tuesday, the House Select Committee on Government Efficiency & Accountability met to discuss privatization.  Also Tuesday, the House Select Committee on Fiscal Stability discussed the cause of the current budget shortfall and explored possible solutions. Yesterday, the Legislative Study Group, a group of House Democrats, met to hear from invited witnesses on the subject of gambling in Texas.  If you are interested in listening to any of these hearings, follow this link to the Texas House website and scroll to the bottom of the page under the heading "Archived Broadcasts".

Texas Democrats held their state party convention last week in Corpus Christi. Despite complaints during the last presidential election, the party chose to keep the dual primary vote and caucus system called the two-step.

For those of you who have spent a lot of time up at the Texas Capitol during legislative sessions, you may recall frequent sightings of a man in full biker gear, covered in tattoos and smelling of smoke. Sputnik, who fought for the rights of motorcyclists for many years, died of a heart attack last week. The halls of the pink dome won't be the same.

Wednesday, June 23, 2010

The results are in from the runoff in the special election in Senate District 22.  Republican Brian Birdwell, a retired Army officer, defeated former state senator David Sibley by getting 58 percent of the vote to Sibley's 42 percent. Birdwell will represent the district through January, the remainder of former Sen. Kip Averitt's current term.

Rep. Leo Berman (R-Tyler) filed the official paperwork Tuesday to challenge fellow Republican Joe Straus as speaker of the Texas House.

Gov. Rick Perry has set Tuesday, Nov. 2, 2010, as the special election date to fill the Texas House District 84 seat vacated by the resignation of former Rep. Carl H. Isett (R-Lubbock).  The state representative elected in this special election will serve out the remainder of Rep. Isett's unexpired term. 

Speaking of Governor Perry, he is in China attending the 2010 World Expo in Shanghai, which is expected to draw 70 million visitors from more than 170 nations.

Wednesday, June 16, 2010
The runoff in the special election in Senate District 22 will be held June 22. Two Republicans will compete for the right to represent the district until January: former state senator David Sibley and Brian Birdwell.  Former Sen. Kip Averitt (R-Waco) resigned from the Senate after filing for the March primary, which he won, so he remains the unopposed Republican nominee on the November ballot. No Democrat filed for the race.  If Averitt withdraws his name from the general election ballot, Republican Party officials from each of the ten counties that make up Senate District 22 can choose a replacement. According to state law, the Democrat party officials are also allowed to name a person for the ballot.  In another twist, Averitt could choose to remain on the ballot and be sworn back into office in January.  He could then decide whether to stay or retire again which would trigger another special election.

The Texas Republican Convention was held last week in Dallas.  Houston lawyer Steve Munisteri was elected the new party chairman.  Texas Libertarians also held their convention last week, selecting Houston lawyer Kathie Glass as their candidate for governor. The Texas Democratic Convention will be held in Corpus Christi June 24-26.

For those of you keeping track of the state's sales tax collections, Comptroller Susan Combs announced that total sales tax collections have met or exceeded year ago levels for a second month in a row, following 14 months of decline. However, Texas is still about $1.5 billion behind where it was last year in terms of total sales tax collections.

Finally, the Big 12 has announced that it will continue on despite the loss of Nebraska and Colorado.  The name of the division has yet to be announced but the Big Ten is already taken and the Big 12 minus 2 just doesn't sound very powerful. Any suggestions?

Wednesday, June 2, 2010

On Friday, Gov. Rick Perry, Lt. Governor David Dewhurst and Speaker Joe Straus ordered state agencies to submit plans for additional cuts of 10 percent as the agencies prepare their operating budgets for the next two years.  Agencies were instructed to submit their base-line budget requests for the next biennium along with a "supplemental schedule" outlining how they would reduce the base-line requests by 5 percent each year. The plans will be submitted to the governor's office and the Legislative Budget Board between August 2nd and 30th.

If you are planning to visit the Texas Capitol, getting inside will take a bit longer.  Metal detectors have been installed at each entrance.  For now, bags are being hand-checked by DPS officers but expect scanning devices to be installed soon.  If you are a state employee or have a concealed handgun license, you can avoid the metal detectors and take the "express lane" as it is being called in the news media.

May 2010

There will be a runoff in the special election to fill the remainder of former Sen. Kip Averitt's (R-Waco) term in Senate District 22.  Republicans David Sibley and Brian Birdwell will meet in a runoff to be held on a date to be set by Gov. Rick Perry.  Sibley led in the special election voting with 45 percent of the vote, followed by Birdwell, with 36.5 percent, Democrat Gayle Avant, with 13.3 percent, and Republican Darren Yancy, with 5.2 percent.  The winner of the runoff will serve until January.  Republican and Democratic Party county chairman from each of the counties in Senate District 22 will chose candidates to run for the seat in November.

House Appropriations Chairman Jim Pitts (R-Waxahachie) told members of his committee that he believes the budget shortfall facing the Texas Legislature next session is around $18 billion and could be even higher.  This new estimate tops the $15 billion figure quoted the past few months.  State sales tax revenues for the year are down 10.3 percent, or nearly $1.5 billion.  Look for budget writers to find creative ways of dealing with this situation.

Another election is right around the corner.  This Saturday, May 8th is the date of various Special and Local Elections in Texas.  In addition to elections for school boards, local bonds and local option elections, there is a special election in Senate District 22 to fill the remainder of former Sen. Kip Averitt's current term. Candidates include Republicans David Sibley, Darren Yancy and Brian Birdwell as well as Democrat Gayle R. Avant. 

Gov. Rick Perry informed HHS Secretary Kathleen Sebelius that Texas can't commit to a new federal high-risk health insurance pool.  Perry says too many questions remain about the level of federal funding for the program and exactly how the program would be run.  Under the new federal health reform law, states had until April 30th to signal whether they would take part in the program, which is designed to cover those who can't afford private insurance due to costly medical conditions.

Wednesday, April 28, 2010

Last week, the House Select Committee on Federal Legislation met for the first time to discuss federal health care reform.  The committee, chaired by Rep. John Zerwas (R-Houston) heard testimony from the various state agencies tasked with implementing the new law.  To follow the activities of the committee or to listen to the hearing, click here.

Ronnie Jung, executive director of the Teacher Retirement System of Texas (TRS), will step down from that post on July 1st.  Jung has served as executive director since 2004.

In other news, Governor Perry shot a "wily" coyote while out jogging with his daughter's dog back in February.  No, we don't make this stuff up here in Texas.

April 21, 2010, Wednesday

The Texas House has two new members.  Rep. Eric Johnson (D-Dallas), winner of the March Democratic primary in House District 100, was the only candidate to file for the May 8 special election called to fill the vacancy created by the resignation of former Rep. Terri Hodge (D-Dallas).  Rep. Van Taylor (R-Plano) defeated Mabrie Jackson in the April 13th primary runoff election in House District 66.  Both Taylor and Jackson had filed for the special election called to fill the vacancy created by the resignation of former Rep. Brian McCall (R-Plano) but Jackson withdrew her name soon after her defeat in the runoff.  Both were officially sworn in earlier this week and will have a jump in seniority over the incoming freshman class.

Last week, Speaker Joe Straus announced that he had hired of Albert Hawkins, former Texas Health and Human Services Executive Commissioner, as senior policy advisor. Hawkins will be employed by his committee, Texans for Joe Straus.

Several conservative legislators in Texas have banded together to form a new organization – the Independent Conservative Republicans of Texas.  To learn more about the new group, go to their website by clicking here.

If you happen to call a state office today and don't get an answer, it may be because the staff has taken advantage of today's state holiday – San Jacinto Day.  On April 21, 1836, Texans secured independence from Mexico in the Battle of San Jacinto.

April 14, 2010, Wednesday

The April 13th runoff results are in.  Two Texas House incumbents lost but one prevailed.  Three contests determined general election challengers for incumbents and three races were for open seats.  Don't forget about the three special elections in legislative districts for May 8th.  Those lineups have been set as well.

Democratic Primary runoffs:

House District 76: Naomi Gonzalez defeated incumbent Rep. Norma Chavez (D-El Paso).  There is no Republican in the race, so Gonzalez is the Representative-elect. 

Congressional District 14 –In the race to determine who will challenge Congressman Ron Paul (R-Surfside), Galena Park Chief-of-Police Robert Pruett defeated attorney Winston Cochran.

Republican Primary runoffs:

Texas Supreme Court: Judge Debra Lehrmann defeated Rick Green.  Lehrmann will face Democrat Justice Jim Sharp in November.

State Board of Education: Marsha Farney defeated Brian Russell.  Farney will face Democrat Judy Jennings in November.

House District 14: Rep. Fred Brown (R- Bryan) defeated challenger Buddy Winn.  Brown will return to the House because there is not a Democrat in this race. 

House District 47: In the battle for the right to challenge incumbent Rep. Valinda Bolton (D-Austin) in November, Paul Workman defeated Holly White Turner.

House District 52: In the battle to face incumbent Rep. Diana Maldonado (D-Round Rock) in November, Larry Gonzales defeated John Gordon.

House District 66: In the race to succeed former Rep. Brian McCall (R-Plano), Plano businessman Van Taylor defeated former Plano City Council member Mabrie Jackson. Taylor is the Representative-elect because no Democrat filed in this district.  McCall resigned his seat so there will be a special election on May 8 to fill the remainder of his current term.  Both Taylor and Jackson filed to run in the special election.

House District 83: Incumbent Rep. Delwin Jones (R-Lubbock) was defeated by accountant Charles Perry.  Perry is the Representative-elect because no Democrat filed. 

House District 84: In the race to replace retiring Rep. Carl Isett (R-Lubbock), John Frullo defeated Mark Griffin.  Frullo will face Democrat Carol Morgan in November's general election.

House District 127: In the race to replace retiring Rep. Joe Crabb (R-Kingwood), Humble school board president Dan Huberty defeated Dr. Susan Curling.  Huberty will take on Democrat Joe A. Montemayor in the general election.

House District 149: Jack O'Connor defeated Dianne Williams to win the right to face incumbent Rep. Hubert Vo (D-Houston) in the general election.

Congressional District 15 - Eddie Zamora of McAllen defeated former State Representative Paul B. Haring for the right to challenge Congressman Ruben Hinojosa (D-Mercedes) this November. 

Congressional District 17 – Bryan businessman Bill Flores defeated Waco businessman Rob Curnock for the right to take on Congressman Chet Edwards (D-Waco) in the General Election.

Congressional District 20 – San Antonio attorney Clayton Trotter defeated San Antonio business owner Jamie Martinez.  Trotter will take on Congressman Charlie Gonzalez (D-San Antonio) in November. 

Congressional District 23 – Congressman Ciro Rodriguez (D-San Antonio) will face San Antonio attorney/businessman Quico Canseco in the General Election.  Canseco defeated Will Hurd of Helotes  in the Republican Primary Run-off. 

Congressional District 27 – Corpus Christi computer consultant Blake Farenthold got  defeated Corpus Christi realtor James Duerr.  Farenthold will be the November challenger to Congressman Solomon Ortiz, Sr. (D-Corpus Christi). 

Congressional District 30 – DeSoto pastor Stephen Broden defeated Dallas attorney Shelton Goldstein to win the right to challenge Congresswoman Eddie Bernice Johnson (D-Dallas) in the general election.

Special Elections

There will be four candidates on the May 8 special election ballot to replace former Sen. Kip Averitt (R-Waco). The Texas Secretary of State certified three Republicans and one Democrat for that ballot.  The candidates include former state Sen. David Sibley, retired Army Lt. Col. Brian Birdwell and Burleson businessman Darren Yancy, all Republicans, and Democrat Gayle Avant, a Baylor University political scientist.

As noted earlier in this memo, Mabrie Jackson and Van Taylor filed to face each other once more in a May 8 special election to fill the current term of former Rep. Brian McCall (R-Plano).  Since Taylor won the runoff election, Jackson may choose to withdraw from the special election since the winner would only represent the district until January.

Eric Johnson, winner of the March Democratic primary in House District 100, was the only candidate to file for the May 8 special election called to fill the vacancy created by the resignation of former Rep. Terri Hodge (D-Dallas).  Hodge, who has pleaded guilty to tax-evasion charges, halted her re-election bid during the primary campaign and resigned earlier this year.  Under Texas law, Johnson can begin serving as the new representative for District 100 as soon as his victory is certified.

April 7, 2010, Wednesday

Soon after being named the sole finalist for the post of chancellor of the Texas State University System, Rep. Brian McCall (R-Plano) resigned his House District 66 seat effective April 2nd. It is likely that Governor Perry will set a special election for May 8th to fill the seat for the remainder of the current term.

Early voting ends this Friday, April 9th for the April 13th runoff election. There are eight runoff elections involving House districts. In Lubbock, there are two Republican primary runoffs. In House District 83, incumbent Rep. Delwin Jones (R-Lubbock) faces accountant Charles Perry. In House District 84, former Texas Tech regent Mark Griffin faces small business owner John Frullo. In House District 127 near Houston, Republicans Dan Huberty and Dr. Susan Curling will face off. In House District 14, incumbent Rep. Fred Brown (R-Bryan) faces former Brazos County Tax Assessor Collector George "Buddy" Winn. In Central Texas, there are two Republican primary runoff races. In the Austin area, Republicans Paul Workman and Holly White Turner will compete for the right to challenge Rep. Valinda Bolton (D-Austin) in the general election for House District 47. In House District 52, Republicans Larry Gonzales and John Gordon will fight to win the right to face Rep. Diana Maldonado (D-Round Rock) in November. Out in El Paso, incumbent Rep. Norma Chavez (D-El Paso) will try to fend off a challenge from Naomi Gonzalez. Finally, in House District 66 in Collin County, Republicans Mabrie Jackson and Van Taylor will battle it out.

Governor Rick Perry unveiled a new campaign ad Tuesday, emblazoned on NASCAR driver Bobby Labonte's No. 71 Chevrolet Impala that's part of the Samsung 500 at Texas Motor Speedway April 18 in Fort Worth. The governor's name is on the hood and the car includes the phrase "Moving Texas Forward." Perry's campaign is paying close to $225,000 to sponsor Labonte's stock car for one race only, but the car will tour the state for the two weeks leading up to the event.

U.S. Sen. Kay Bailey Hutchison announced this morning that she plans to complete her term rather than resign early as she had planned.  Hutchison, who was first elected to the Senate in a special election in 1993, won re-election to a third full term in 2006. Her term runs through 2012.

Rep. Brian McCall (R-Plano) was named the sole finalist for the post of chancellor of the Texas State University System.  McCall announced last year that he would not seek reelection to the Texas House where he has served for 20 years.  The Board of Regents for the Texas State University System will meet in late April to take an official vote.  The Texas State University System is comprised of Texas State University, Lamar University, Sam Houston State University, Sul Ross State University and their components.

Governor Perry recently made two appointments to the Texas Ethics Commission.  James Clancy, Jr., an attorney from Portland, Texas and Thomas Ramsay, a former state representative and licensed real estate broker in Mount Vernon, Texas.

The April 13th runoff is less than two weeks away.  Early voting begins April 5th and continues through April 9th.

March 24, 2010, Wednesday

Federal health care reform passed this past weekend and Austin is buzzing regarding the ramifications for Texas.  Texas Attorney General Greg Abbott and 12 other attorneys general are challenging the constitutionality of the law. The suit was filed in federal court in Florida on Tuesday.  Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana, as well as Texas. All are Republicans except James "Buddy" Caldwell of Louisiana, a Democrat. Some states are considering separate lawsuits - Virginia filed its own Tuesday - and still others may join the multistate suit.  Rep. Wayne Christian (R-Center) announced his plan to file legislation when the Texas Legislature convenes in January of 2011 to prohibit the implementation of the federal healthcare overhaul in Texas.  This is clearly an issue that will have an impact on the 82nd Legislative Session in 2011.

May 8th is the date set for several special elections.  As previously announced, Sen. Kip Averitt (R-Waco) resigned last Wednesday, March 17.  Gov. Rick Perry announced that a special election will be held May 8.  The winner of the special election will serve the remaining 8 1/2 months of Averitt's term.  Four Republicans - Lt. Col. (Ret.) Brian Birdwell, former Sen. David Sibley, Burleson businessman Darren Yancy and Baylor University political science professor Gayle R. Avant have announced their intention to run in the special election. Candidates for the general election, however, will be determined by Democratic and Republican county party chairs from across the 10-county district.

Gov. Rick Perry also set a special election for May 8 for House District 100.  Rep. Terri Hodge (D-Dallas) resigned after pleading guilty to federal charges of lying on her tax returns. The winners of the election will serve until January, when the current term ends.  Democrat Eric Johnson who won the Democratic primary for Hodge's seat and will take office in January, has announced that he will run in the special election.  Candidates for the special election must file applications with the Secretary of State no later than 5:00 p.m. on April 7, 2010.  If no other candidate files for the special election, Johnson would take office immediately after the filing period is over.

Rep. Al Edwards (D-Houston) has officially requested a recount in his primary election contest with former Rep. Borris Miles.  Miles won by a mere 10 votes.

March 17, 2010, Wednesday

The 2010 election is very important to Democrats and Republicans in Texas because it will determine who will have the upper hand in redistricting. You may be asking yourself, what exactly is redistricting and why should I care? Generally, redistricting is done every 10 years after the conclusion of a U.S. Census in order to equalize population among state and congressional districts by redrawing the boundaries of a district to increase or decrease population. Sometimes the word "reapportionment" is used interchangeably with redistricting. Reapportionment means the division of a set number of districts among units of government. In the United States, we have 435 congressional seats that are reapportioned after each census among the fifty states. Texas currently has 32 congressional districts and is expected to gain three or four more seats after the 2010 Census.

The Texas Legislature is tasked with re-drawing legislative, congressional and state board of education district boundaries in 2011 after completion of the federal census in 2010. During the interim, legislative committees may hold hearings around the state to discuss redistricting and possible effects on local communities. The House has a standing Redistricting Committee. Although the Senate does not currently have a standing redistricting committee, the Lt. Governor could name a select committee to focus on the redistricting task. Once the official population data from the 2010 census is received by the state in March or April of 2011, the 82nd Legislature will begin drawing maps.

If the legislature fails to redistrict the Texas Senate or House during the regular session, or the governor vetoes a house or senate redistricting bill, the Texas Constitution requires that the Legislative Redistricting Board (LRB) meet and adopt its own plan. The LRB is composed of the lieutenant governor, the speaker of the house, the attorney general, the comptroller, and the land commissioner. Any legislative or LRB plan must be submitted to the U.S. Department of Justice or the U.S. District Court for the District of Columbia for preclearance under the Voting Rights Act of 1965.

If the legislature fails to pass a congressional or State Board of Education plan or the plan is vetoed, the governor may call a special session to consider the matter. If the governor does not call a special session, then a state or federal district court would draw the plan.

So what's the big deal with redistricting? Redistricting is all about political power. The drawing of a district a certain way can virtually ensure the hold of that seat by one political party for several years. The 2010 elections take on even more meaning as the Republicans seek to build on their current majorities in the Texas House and Senate and the Democrats seek to chip away at those majorities.

In anticipation of increased public interest in the redistricting process, the Texas Legislative Council has spruced up their website with detailed information. Check it out here.

Sen. Kip Averitt (R-Waco) announced that he would resign his seat effective March 17th, which will prompt a special election, likely to be held in May. The winner of the special election will fulfill Averitt's current term which ends in January.  The special election is open to all candidates of all parties.  Averitt has not taken the additional step of taking his name off of the November general election ballot, so the election for the rest of his current term can proceed while he's still the Republican candidate for the November election. Once he withdraws from the November ballot, the Republican chairs from the ten counties in Senate District 22 will pick a replacement for that ballot. The Democratic chairs of those same counties will also get together and select a candidate for the November ballot.  Former state senator Republican David Sibley has expressed his interest in running for the seat that he held for many years.

According to testimony given to the House Appropriations Committee this week, Texas must brace itself for a shortfall next biennium of between $11 and $15 billion. 

The University of Texas System regents have elected Colleen McHugh of Corpus Christi to be their next leader.  She succeeds James Huffines, who announced in December that he would step down from that post but remain a regent.  McHugh is the first woman to lead the Board of Regents since it began operating in 1881.

There have been some staffing changes in Texas health and human services agencies.  Lawrence Parker, Joanne Molina and Tom Phillips are now in new roles.  Parker, former chief operating officer (COO) for the Texas Department of Aging and Disability Services (DADS) since 2004, has been named deputy executive commissioner for Social Services at the Texas Health and Human Services Commission (HHSC) and will oversee HSC's Offices of Eligibility Services and Family Services and will work closely with the Texas Department of Family and Protective Services and the Department of Assistive and Rehabilitative Services. Parker replaces Joanne Molina, who will now serve as Legal Services Operations Officer. As such, she will work in the Office of Chief Counsel and will be the legal services liaison with the HHSC Council.  Tom Phillips replaces Parker as COO at DADS.

The 2010 Texas primary election results are in.  The following is a brief recap.  If you would like to see exact percentages, follow this link to the Texas Secretary of State's website: http://www.sos.state.tx.us  

Governor

It will be Perry versus White in November.  In the Republican primary, Governor Rick Perry defeated Kay Bailey Hutchison and Debra Medina with over 51% of the vote. Bill White won the Democratic primary, defeating Farouk Shami and 5 other candidates.

Other Statewide Races

Linda Chavez-Thompson won the Democratic primary for Lieutenant Governor.  She will face Republican David Dewhurst in November.

Hank Gilbert defeated Kinky Friedman in the Democratic primary for Agriculture Commissioner.  He will face Republican incumbent Todd Staples in November.

In the Democratic primary for Land Commission, Hector Uribe defeated Bill Burton and will go on to face incumbent Jerry Patterson in November.

Incumbent Railroad Commissioner Victor Carrillo lost his Republican primary race to David Porter.  Porter will face Democrat Jeff Weeks in November.

There were two contested primary races involving seats on the Texas Supreme Court.  In Place 3, four candidates received just over 18 percent of the vote.  There will likely be a runoff between Rick Green and Debra Lehman but Jim Moseley and Rebecca Simmons are very close. In Place 5, incumbent Eva Guzman defeated Rose Vela in the Republican primary and will face Blake Bailey in November.

Texas Senate

Senate District 2: Sen. Bob Deuell (R-Greenville) defeated Sharon Russell in the Republican primary.  He will face Democrat Kathleen Maria Shaw in November.

Senate District 5: Sen. Steve Ogden (R-Bryan) defeated Ben Bius in the Republican primary. He will face Democrat Stephen Wyman in November.

Senate District 22: Sen. Kip Averitt (R-Waco) defeated Darren Yancy.  Averitt announced that he will not seek reelection but did so after the deadline for removing his name from the primary ballot.  No Democrat filed for the seat so what comes next is the subject of much speculation.

Senate District 19 – Sen. Carlos Uresti (D-San Antonio) defeated Luis C. Juarez, Jr. he will face Dick Bowen, the winner of the Republican primary race.

Senate District 29: This seat is currently held by Sen. Eliot Shapleigh (D-El Paso) who did not seek reelection.  Jose Rodriguez defeated Louis Irwin and Liza Montelongo in the Democratic primary.  He will face Republican Dan Chavez in the general election.

Texas House

Five House incumbents were defeated in the primary elections including: Representatives Betty Brown (R-Terrell); Tommy Merritt (R-Longview); Dora Olivo (D-Richmond); Tara Rios Ybarra (D-South Padre Island); and Al Edwards (D-Houston).  Put Al Edwards in the maybe column since he was only defeated by 11 votes and a recount is likely.

Three House incumbents will face run-offs including: Representatives Fred Brown (R-Bryan); Norma Chavez (D-El Paso) and Delwin Jones (R-Lubbock). There will be run-offs in six other districts including: House Districts 47, 52, 66, 84, 127, and 149.

Democratic Primary Results:

House District 27: Rep. Dora Olivo (D-Richmond) was defeated by Ron Reynolds.

House District 36: This is the seat currently held by Rep. Kino Flores (D-Palmview) who did not run for reelection.  Sergio Munoz, Jr. defeated Sandra Rodriguez. No Republicans filed for the seat.

House District 39: Rep. Armando Martinez (D-Weslaco) defeated Joel De Los Santos.

House District 43: J.M. Lozano defeated incumbent Rep. Tara Rios Ybarra (D-South Padre Island).

House District 45: Rep. Patrick Rose (D-Dripping Springs) defeated Andrew Backus.

House District 76: Rep. Norma Chavez (D-El Paso) will face a runoff with Naomi Gonzalez in April.

House District 100: Eric Johnson defeated Rep. Terri Hodge (D-Dallas).  Hodge had suspended her campaign after pleading guilty to federal felony charges.

House District 105: Loretta Haldenwang defeated Kim Limberg.  She will face Rep. Linda Harper-Brown (R-Irving) in November.

House District 146: Borris Miles narrowly defeated incumbent Rep. Al Edwards (D-Houston) but expect to see a recount in this race that was decided by a mere 11 votes.

Republican Primary Results

House District 1: Jack Ballard defeated George Lavender by a slim margin.  He will face Rep. Stephen Frost (D-Atlanta) in November.

House District 2: Rep. Dan Flynn (R-Van) defeated Richard Linkenauger.

House District 3: Erwin Cain defeated Holland Harper.  He will face Rep. Mark Homer (D-Paris) in November.

House District 4: Lance Gooden defeated incumbent Rep. Betty Brown (R-Terrell).

House District 7: David Simpson defeated incumbent Rep. Tommy Merritt (R-Longview).

House District 11: Rep. Chuck Hopson (R-Jacksonville) defeated Michael Banks and Allan Cain in his first Republican primary.

House District 14: Rep. Fred Brown (R-Bryan) faces a runoff in April with Gerald "Buddy" Winn.

House District 15: Rep. Rob Eissler (R-The Woodlands) defeated Rob Thomas.

House District 20: This is an open seat due to the upcoming retirement of Rep. Dan Gattis (R-Georgetown).  Dr. Charles Schwertner defeated Milton Rister, Stephen Thomas and Patsy Williams.  No Democrats filed for the seat.

House District 33: Raul Torres defeated Nicholas Rodriguez.  He will face Rep. Solomon Ortiz, Jr. (D-Corpus Christi) in November.

House District 44: Rep. Edmund Kuempel (R-Seguin) defeated Robin Walker.

House District 47: There will be an April runoff election between Paul Workman and Holly White Turner.  The winner of the runoff will face Rep. Valinda Bolton (D-Austin) in November.

House District 50: Patrick McGuinness defeated Ryan Lambert.  He will face Rep. Mark Strama (D-Austin) in November.

House District 52: There will be an April runoff between Larry Gonzales and John Gordon.  The winner will face Rep. Diana Maldonado (D-Round Rock) in November.

House District 58: Rep. Rob Orr (R-Burleson) defeated Ted Reynolds.

House District 59: Rep. Sid Miller (R-Stephenville) defeated J.D. Sheffield.

House District 64: Rep. Myra Crownover (R-Denton) defeated Kurt Hyde.

House District 65: Rep. Burt Solomons (R-Carrollton) defeated Mike Murphy.

House District 66: This seat is currently held by Rep. Brian McCall (R-Plano) who

did not run for reelection.  There will be an April runoff election between Mabrie Jackson and Van Taylor.  No Democrats have filed for the seat.

House District 69:  This seat is currently represented by Rep. David Farabee (D-Wichita Falls) who did not run for reelection.  Lanham Lyle defeated Joe Clement. 

House District 74: Thomas Kincaid defeated Yolanda Garza.  He will face Rep. Pete Gallego (D-Alpine) in November.

House District 78: Dee Margo defeated Jay Kleberg and Luis Rene Diaz.  He will face Rep. Joe Moody (D-El Paso) in November.

House District 83: Rep. Delwin Jones (R-Lubbock) will face a runoff election in April with Charles Perry.

House District 84: This district is currently represented by Rep. Carl Isett (R-Lubbock) who did not run for reelection.  There will be a runoff between Mark Griffin and John Frullo.

House District 85: Jim Landtroop defeated David Andrews.  He will face Rep. Joe Heflin (D-Crosbyton) in November.

House District 87: This district is currently represented by Rep. David Swinford (R-Amarillo) who did not seek reelection.  Walter "Four" Price defeated Victor Leal.

House District 91: Rep. Kelly Hancock (R-North Richland Hills) defeated Charles Scoma.

House District 92: Rep. Todd Smith (R-Bedford) defeated Jeff Cason.

House District 93: Barbara Nash defeated Bill Burch.  She will face Rep. Paula Pierson (D-Arlington) in November.

House District 96: Bill Zedler defeated Joy Keller.  He will face Rep. Chris Turner (D-Arlington) in November.

House District 98: Rep. Vicki Truitt (R-Keller) defeated Giovanni Capriglione, Rich DeOtte and Diane Thorpe of Keller.

House District 99: Rep. Charlie Geren (R-Fort Worth) defeated Matt Krause.

House District 101: Cindy Burkett defeated Greg Nochese and Thomas Latham.  She will face Rep. Robert Miklos (D-Mesquite) in November.

House District 102. Stefani Carter defeated Geoff Bailey.  She will face Rep. Carol Kent (D-Dallas) in November.

House District 122: This district is currently represented by Rep. Frank Corte (R-San Antonio) who did not seek reelection.  Lyle Larson defeated Denise Barnhill.

House District 127: This district is currently represented by Rep. Joe Crabb (R-Kingwood) who did not seek reelection. There will be a runoff between Dr. Susan Curling and Dan Huberty.

House District 129: Rep. John Davis (R-Houston) defeated Mary Huls.

House District 134: Sarah Davis defeated Bonnie Parker. She will face Rep. Ellen Cohen (D-Houston) in November.

House District 148: Fernando Herrera defeated Howard Gano, Jr..  He will face Rep. Jessica Farrar (D-Houston) in November.

House District 149: Jack O'Connor and Dianne Williams will face a runoff election in April.  The winner will face Rep. Hubert Vo (D-Houston) in November.

For those of you keeping track, 70 incumbent House members faced no major party opposition in either the primary or the upcoming general election.  48 incumbents faced no primary opposition but will now begin preparations for a general election challenge.

Congressional races

Fourteen Congressional incumbents faced a contested primary but no incumbents were defeated.  In a contentious race, Congressman Ralph Hall defeated five challengers in the Republican primary for CD 4.  The other nine congressional primary races involved contests to see who will take on incumbents in the November general election. There will be run-offs in the following CDs; CD 14 to see who will challenge Congressman Ron Paul (R-Surfside) in the general election; CD 17 to determine who will take on Congressman Chet Edwards (D-Waco); CD 15 to select a general election opponent for Congressman Ruben Hinojosa (D-Mercedes); CD 20 to see who will be Congressman Charlie Gonzalez' opponent (D-San Antonio); CD 27 to find out who will take on Congressman Solomon Ortiz (D-Corpus Christi); and CD 30 to see who will take on Congresswoman Eddie Bernice Johnson (D-Dallas) in November.

State Board of Education

In the Republican primary for District 5, inclumbent Ken Mercer defeated Tim Tuggey.  In the Republican primary for District 9. Thomas Ratliff defeated incumbent Don McLeroy.  In District 10, there will be an April runoff between Republicans Marsha Farney and Brian Russell.  In District 12, longtime incumbent Geraldine "Tincy" Miller lost to George Clayton.  Incumbent Bob Craig survived his District 15 Republican primary challenge from Randy Rives.

February 2010

February 24, 2010, Wednesday

The 2010 primary election day is less than a week away.  Early voting ends this Friday, February 26th so get out there and vote. Keep in mind that several races will likely result in a runoff to be decided on April 13th.

Speaker Joe Straus (R-San Antonio) announced the formation of the House Select Committee on Transportation Funding to highlight the need for increased transparency and accountability in Texas transportation and to analyze current and future transportation funding requirements.  Speaker Straus has appointed Rep. Larry Phillips (R-Sherman) and Rep. Eddie Rodriguez (D-Austin) to serve as chair and vice chair respectively of the full committee. The House Select Committee on Transportation Funding will operate as a full committee and will also conduct business in two subcommittees.  Members of the full committee who will serve on the Subcommittee on Funding are Rep. Drew Darby (R-San Angelo), chair of the subcommittee, Representatives Patricia Harless (R-Spring), Todd Hunter (R-Corpus Christi), Ruth Jones McClendon (D-San Antonio), Joe Pickett (D-El Paso), Eddie Rodriguez (D-Austin) and Vicki Truitt (R-Keller).  Members of the full committee who will serve on the Subcommittee on Planning & Accountability are Rep. Ryan Guillen (D-Rio Grande City), chair of the subcommittee, Representatives Roberto Alonzo (D-Dallas), Bill Callegari (R-Katy), Edmund Kuempel (R-Seguin), Armando "Mando" Martinez (D-Weslaco), Wayne Smith (R-Baytown) and Senfronia Thompson (D-Houston).

Long time executive director of the Texas Municipal League Frank Sturzl sent a note to his board announcing his retirement effective October 31, 2010.  Sturzl has served as executive director for 22 years.

January 2010

January 27, 2010, Wednesday

January 20, 2010, Wednesday