Friday, September 2, 2016

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What to know about the Dakota Access pipeline

What to know about the Dakota Access pipeline: The Dakota Access pipeline will carry about 450,000 barrels of oil per day from North Dakota, in the Bakken oil fields, and end in Patoka, Illinois. The oil can then be sent to the Gulf Coast or shipped to other markets. The pipeline has come under fire from Native American tribes and environmental groups. The pipeline crosses through tribal grounds and environmentalists believe the pipeline poses a threat to the environment and public health. Here's a few things to know about the pipeline:

Wednesday, August 24, 2016

Health Insurers' Exit Spells Trouble for Obamacare in Texas

The roughly 1.3 million Texans who bought health insurance under the Affordable Care Act will likely have fewer, more expensive coverage options in 2017, as health plans continue to announce they will no longer sell their products in Texas.

Insurance start-up Oscar announced on Tuesday it would pull out of the Texas market, joining veteran health plans Aetna, UnitedHealthcare and Scott and White on the list of companies that recently announced they would abandon the marketplace created by President Obama’s signature health law. The companies said their costs of providing coverage to middle-income Texans have been unsustainable, fueling concerns about a lack of competition and consumer choice within the health insurance market next year.

The announcements come at a time of uncertainty for health insurance markets nationwide, with several major health insurers opting to abandon the exchanges in all but a handful of states. And Cigna, another health insurance company, last week told the Houston Chronicle it was “in discussions” with state regulators about exiting the Texas exchange.

I think what we should be expecting is premiums that are substantially higher, and I think there’s a real risk that other insurers pull out,” said Michael Morrisey, a professor at the Texas A&M University School of Public Health. “We may be beginning to see the death spiral of insurance plans in the exchanges.”

In addition to the shrinking market, major health insurers that have not indicated they will leave the exchange — most notably Blue Cross Blue Shield of Texas — have asked the federal government for permission to raise their monthly costs by up to 60 percent. Blue Cross says its financial losses in the marketplace were unexpectedly large, and last year the company ceased offering one of its plans, which covered 367,000 Texans.

A spokeswoman for Blue Cross Blue Shield of Texas said Tuesday the company had made "no final decisions" about its 2017 offerings.

"We have been in this market for 80 years and, while some carriers have chosen to exit the market, we are working towards continuing to provide health insurance options for Texas consumers," the spokeswoman, Edna Perez-Vega, said in an email.

"However, that must be done in a sustainable way," she added, noting that the insurer lost $770 million in the Texas marketplace in 2015.

In addition to Blue Cross, about a dozen smaller insurers are expected to remain in the Texas marketplace in 2017.

Sherri Greenberg, a professor at the University of Texas’ LBJ School of Public Affairs, said monthly health insurance premiums were likely to rise across the state. But she said many Texans might not feel the effect of those increases because they will continue receiving federal subsidies — a pillar of the law meant to offset the cost of health care for many Americans.

Greenberg said 2017 price hikes in the Texas market could vary widely across the state, with rural markets likely to see the biggest changes.

"If you had very few options to begin with, and now you’re left with [even] fewer carriers and reduced competition, that can mean an increase in insurance premiums," she said.

Competition could still improve if additional insurers choose to enter the Texas marketplace before the Sept. 23 deadline. It is also possible that additional health plans will choose to exit the marketplace before then. 

The Obama administration has said it is confident that the “majority” of people signing up for coverage under the Affordable Care Act will have multiple options for coverage in 2017 and will be able to purchase a plan for less than $75 per month. The federal government has reported that the average Affordable Care Act health plan in 2016 cost about $400 per month, but after tax credits, the average enrollee paid $113 per month.

Lack of insurer participation in the Affordable Care Act exchange is of particular concern for rural areas. Scott and White, which says it will continue to offer some individual market plans outside of the exchange, has had a significant presence in some of the state’s more sparsely populated regions.

An Aug. 19 analysis conducted by the health care consulting firm Avalere Health found that more than a quarter of Texas’ 26 federally designated geographic areas could have just one insurance carrier offering plans on the exchange in 2017.

“Lower-than-expected enrollment, a high cost population, and troubled risk mitigation programs have led to decreased plan participation for 2017,” Dan Mendelson, the company’s president, said in a statement. 

Health economists say newly insured Texans have required more expensive care than companies were prepared to handle. Insurers last year struggled to enroll enough healthy people to offset the costs of patients with expensive medical needs, despite a provision in the law that requires people without health insurance to pay a fine. Health plans have also criticized Congress for cutting funding to programs that were intended to offset their financial losses on the exchange.

The Affordable Care Act offers subsidies to some middle-income Americans who buy insurance on the exchange, and it requires insurers to provide more comprehensive — and, for insurers, more expensive — coverage. The law has also led to a drop in the percentage of Texans without health insurance, from 25 percent of Texans before the law’s passage to roughly 17 percent in 2016, according to the Obama administration.

Many of the health insurance companies leaving the exchange in 2017 have said they will return in later years if the market becomes less volatile.

Mario Schlosser, the chief executive of Oscar, which insured about 7,000 people in the Dallas-Fort Worth area, said in a statement that uncertainties in the market had made it "challenging for us to operate effectively and continue to deliver access to quality healthcare.”

“We hope to return to these markets as we carry on with our mission to change healthcare in the U.S.,” he wrote.

The enrollment period for 2017 coverage starts Nov. 1.

Read more:

  • Federal officials have specifically targeted Texans in their efforts to boost enrollment in health insurance under the Affordable Care Act.
  • U.S. Census data in 2015 showed that, for the first time in more than a decade, Texas’ uninsured rate dipped below 20 percent. Still, Texas continues to have more uninsured people than any other state.

Disclosure: Blue Cross Blue Shield of Texas, Texas A&M University and the University of Texas at Austin have been financial supporters of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/24/health-insurers-exit-spells-trouble-obamacare-texa/.

Show Us What Campus Carry Looks Like at Your Texas College

Texas’ new campus carry rule made an uneventful debut when the law went into effect Aug. 1.

But the policy — which allows people to carry concealed handguns in public university buildings — is expected to make some noise this week and next as college classes start statewide. Some students at the University of Texas at Austin plan to protest the law by carrying dildos on campus.

Campus carry became law after a long and contentious path. Here’s what you need to know:

The Texas Tribune wants to see what your college campus looks like now that campus carry is legal in Texas. Are there any changes? Or is it business as usual? Are professors putting up signs banning guns? Are people discussing it in between classes? Do you see any protests or informational campaigns?

Send us photos of signs, protests or whatever else you find, and we may publish your contribution. Here’s how you can show us your story:

  • Post photos or videos on Instagram with the hashtag #TXcampuscarry
  • Tweet photos or videos on Twitter with the hashtag #TXcampuscarry
  • Send us photos on Snapchat: texastribune
  • Send us your thoughts or photos in an email

Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/24/texas-college-students-show-us-what-campus-carry-l/.

Monday, August 22, 2016

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Friday, August 19, 2016

Texas Sees "Unusual" Spike in Pregnancy-Related Deaths, Study Finds

Texas has seen an “unusual,” dramatic increase in the number of women who died from pregnancy-related causes in the past five years, according to a new study.

The state’s rate of maternal mortality nearly doubled between 2010 and 2014, according to research published by the medical journal "Obstetrics and Gynecology." Although maternal mortality rates are up nationwide, no other state experienced such a sharp rise, the study’s authors found.

The researchers, led by Marian MacDorman, a professor at the University of Maryland Population Research Center, found that between 2000 and 2010, Texas saw only a “modest increase” in maternal mortality, from 17.7 to 18.6 deaths per 100,000 live births.

The next year, Texas’ rate spiked, to 33 deaths per 100,000 live births, reaching “levels not seen in other U.S. states,” according to the study. That stood in sharp contrast with California, a state with a comparable population that has seen a steady decline in its maternal mortality rate over the last decade.

“There is a need to redouble efforts to prevent maternal deaths and improve maternity care for the 4 million U.S. women giving birth each year,” the authors wrote.

Scientists define maternal mortality as the death of a woman while pregnant or within 42 days of the termination of her pregnancy, not including deaths by accidental causes.

In 2012, 148 women in Texas died from pregnancy-related complications, including excessive bleeding, obesity-related heart problems and infection. Two years before, 72 women died from those causes.

The study examined maternal mortality rates across the country, and researchers said they could not explain the specific, sudden growth in the number of deaths in Texas. 

The study mentioned “changes to the provision of women’s health services” — a reference to cuts made by state lawmakers in 2011 that stripped funding from Planned Parenthood and other women’s health and family planning services — but the researchers stopped short of saying whether that policy change had any effect on the numbers.

"Still, in the absence of war, natural disaster, or severe economic upheaval, the doubling of a mortality rate within a two year period in a state with almost 400,000 annual births seems unlikely," the study’s authors wrote.

Disclosure: Planned Parenthood has been a financial supporter of  The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/19/texas-sees-unusual-spike-pregnancy-related-deaths-/.

Execution Halted for Jeff Wood, Who Never Killed Anyone

Editor's note: This story has been updated throughout.

The Texas Court of Criminal Appeals has halted the execution of Jeff Wood — a man who never killed anyone — six days before he was set to die by lethal injection. The order was issued on his 43rd birthday. 

The court issued a brief, two-page order Friday afternoon sending the case back to the original trial court so it can examine Wood's claim that a jury was improperly persuaded to sentence him to death by testimony from a highly criticized psychiatrist nicknamed “Dr. Death.”  The order creates the possibility that Wood's death sentence could be thrown out, though not his conviction.

“The court did the right thing by staying Mr. Wood’s execution," Wood's attorney Jared Tyler said shortly after the order came down. "[He] is grateful for the opportunity to prove that his death sentence is unwarranted.”

Wood’s upcoming execution has gained national attention and highlighted Texas’ felony murder statute, commonly known as the law of parties, which holds that anyone involved in a crime resulting in death is equally responsible, even if they weren't directly involved in the actual killing. Recently, conservative state representatives have spoken out and written letters to the parole board in hopes of saving Wood’s life.

Wood was convicted in the 1996 murder of convenience store clerk Kriss Keeran in Kerrville, even though he was sitting outside in the truck when his friend, Daniel Reneau, pulled the trigger.

During his sentencing trial, prosecutors brought in Dr. James Grigson, nicknamed “Dr. Death” because of how often he testified for the state in capital murder trials, to examine if Wood would be a future danger to society if he was given life without parole instead of death. A jury can only sentence someone to death if it unanimously agrees that person would present a danger.

In his recent appeal to the Court of Criminal Appeals, Wood’s lawyers claimed Grigson lied to jurors about how many cases he had testified in and how often he found the defendant to pose a future danger. He also misled the jury by omitting the fact that he was ousted from the American Psychiatric Association, Wood's appeal claimed.

Throughout his career testifying in capital murder trials, the number of times Grigson claimed to have examined defendants for future dangerousness would change randomly and often drastically, the appeal states.

In the late 1980s, for example, Grigson testified in one trial that he had examined 180 to 182 cases, but seven months later, he claimed to have reviewed 156. And a year and a half later, the number jumped to ‘no fewer than 391,’ according to the appeal.

But no matter the raw number of cases, he always claimed he found about, or sometimes exactly, 40 percent of defendants to not be a future danger.

The order instructs the trial court to not only examine Grigson's truthfulness, but to consider Wood's argument that Grigson's opinion was based on junk science. Grigson did not examine Wood himself but based his projection of Wood's future dangerousness on a hypothetical person presented by the state. The practice was condemned by the American Psychiatric Association.

The appeal also claimed that Grigson misled the jury by omitting the fact that he was ousted from the association for reasons relating to how he reviewed capital murder defendants. In 1995, the association’s Board of Trustees voted to expel Grigson after an investigation revealed that his method of predicting future dangerousness in capital cases violated the association’s practice.

Three jurors from Wood’s trial have said they would have discounted Grigson’s testimony if they’d known of the expulsion, according to the appeal.

Wood's scheduled Aug. 24 execution was thrust into the national spotlight because of the rarity of executions under felony murder statutes. But conservative lawmakers in Texas, who believe in the death penalty under the law of parties, also lost sleep over the case.

State Rep. Jeff Leach, R-Plano, had been lobbying the Texas Board of Pardons and Paroles and Gov. Greg Abbott to change Wood’s sentence or issue a stay. Leach said he didn’t believe Wood was a part of the murder. He had collected signatures from more than 50 fellow House members on a letter asking that Wood's sentence be commuted to life.

Rep. James White, R-Woodville, wrote a letter to the board as well, asking for a change of sentence in order to “preserve the legitimacy of the Law of Parties.” And Rep. David Simpson, R-Longview, wrote a similar opinion piece for The Texas Tribune.

Presiding Judge Sharon Keller and Judge Lawrence Meyers dissented on the court's ruling. Judge Elsa Alcala, though concurring with the court’s order, wrote her own opinion, claiming that the court should have sent back other claims to the trial court.

“I would also remand claims ... in which applicant alleges that his participation in the offense and his moral culpability are too minimal to warrant the death penalty, that evolving standards of decency now prohibit the execution of a person who was convicted as a party to a capital offense, and, more generally, that Texas's death-penalty scheme should be declared unconstitutional because it is arbitrary and fails to target the worst of the worst offenders,” Alcala said.

Related to this story:

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/19/execution-halted-jeff-wood-who-never-killed-anyone/.

As Trump Struggles, Texas Republicans Stand by Him

Over the past few weeks, Donald Trump has been battered by some of the most serious controversies to rock his presidential campaign yet. He's seen his poll numbers slouch nationwide and in most battleground states. And his campaign has gone through more than one high-level shakeup, including the resignation Friday of chairman Paul Manafort.

Yet, Republicans in Texas — where Trump, who defeated U.S. Sen. Ted Cruz in the primaries, already has a somewhat fragile coalition — have largely stuck with their nominee. There have been no notable defections, and few have publicly criticized the candidate as Republicans elsewhere have turned on him. In some cases, Texas Republicans have even stepped up their involvement in Trump's campaign, seeking to influence the nominee even if they do not always agree with him. 

"This is a Trump party now," Texas GOP Chairman Tom Mechler said earlier this month at a party meeting. "We have got to win. There is no path to victory for Donald Trump that does not go through Texas. He cannot win the White House without us."

That determination will likely be on display when Trump visits Texas on Tuesday for fundraisers in Fort Worth and Austin, as well as a rally in Texas' capital city. It will be Trump's first trip to the Lone Star State since officially winning the GOP nomination last month at the Republican National Convention, where Cruz caused an uproar by not endorsing his former bitter primary rival.

Since then, however, Texas Republicans have only grown closer to Trump. His campaign is more enmeshed than ever with the state party, which met with senior Trump officials earlier this month in Austin. More Texas Republicans have come out in support of him, perhaps most notably Land Commissioner George P. Bush. And they have taken advisory roles with his campaign, offering up their expertise on agricultural, economic and national security issues.

One Texas official with apparently growing influence in Trump's campaign is Agriculture Commissioner Sid Miller, who estimates he helped recruit 15 to 20 of the 64 people who were named Tuesday to Trump's Agricultural Advisory Committee. Now Miller is working to assemble similar panels for border and law enforcement officials in Texas, which he expects to be announced next week.

In an interview Thursday, Miller disputed the idea the past few weeks have been tough for Trump, calling it "something that the liberal media is projecting." Instead, Miller said he thinks Trump has had "a great two weeks," citing the nominee's policy-oriented speeches and unflattering developments for Democratic nominee Hillary Clinton, including the widening scrutiny of her family foundation. 

"I think Trump is gaining momentum," Miller said. "He’s getting his legs under him. He had a little trouble, but nothing major."

As Miller recruits Trump backers in Texas, he added, "I haven’t found anybody that’s not going to support him."

Trump's visit is nonetheless coming as polls show him with narrower leads over Clinton in Texas than past Republican presidential victory margins, fueling GOP concerns about down-ballot races — concerns that Miller called "a bunch of baloney" — and energizing Democrats desperate to make the state more competitive. Lt. Gov. Dan Patrick, the most vocal statewide official backing Trump, has suggested Trump needs to win Texas by 8 to 10 points to send a message to Democrats that the state will stay red for a long time. 

If the Trump campaign is worried about Texas, a top aide was not showing it as he addressed party activists earlier this month in Austin, telling them the campaign is now "working hand-in-glove" with the state party. 

“We think we’re going to do pretty well here in Texas," national field coordinator Matt Mowers said. "Heck, if we don’t win Texas, we’ve got a lot of other problems.”

Also among those now giving advice to Trump is Brooke Rollins, president and CEO of the Texas Public Policy Foundation, a conservative think tank in Austin. Rollins, who was named last week to Trump's Economic Advisory Council, said she is happy to contribute "any time I have the opportunity to influence or be a part of the conversation on what the right economic policies look like." 

"There’s no question that Donald Trump does align with the current Texas thinking and the way we approach government," Rollins said. "Any candidate that wants to call me on any day and ask my advice" — whether it is Trump, Clinton or anyone else — "I will talk until I'm blue in my face."

Rollins suggested there are areas where she does not entirely agree with Trump and hopes to have sway over the nominee. On trade, for example, Rollins acknowledged not every trade agreement may be in the United States' best interest — a point hammered by Trump — but said she still believes the "best trade is free trade." 

Trump's staunchest advocates in Texas GOP politics remain Patrick and former Gov. Rick Perry, who on Tuesday defended Trump's war of words with a fallen soldier's father who had harshly criticized Trump at the Democratic National Convention. It was an episode that severely hobbled Trump's campaign earlier this month and brought him bipartisan criticism — including an implicit rebuke from Gov. Greg Abbott, who said the "service and devotion of Gold Star families to America cannot be questioned." 

Patrick has kept a relatively low profile since the Republican National Convention, when the candidate he previously supported, Cruz, declined to offer any kind of support for Trump — apparently against Patrick's wishes for Texas GOP unity. Since then, Patrick has continued to tout Trump in a smattering of media appearances and public events, and he is expected to attend all three of Trump's stops Tuesday in Texas.

Other Texas Republicans have been less than enthusiastic in their support for Trump since the convention. Abbott was already cool on Trump before his skirmish with the Gold Star family, while U.S. Sen. John Cornyn of Texas, a more visible Trump supporter, urged him to be more disciplined in recent weeks.

"Obviously this has not been a good few weeks for the Trump campaign, mainly because of self-inflicted injuries," Cornyn said last week in an interview on Austin radio. "Whether or not the Trump campaign can turn itself around, I still think there's time to do it, but it's going to require some different, more disciplined behavior."

Then there is U.S. Rep. Michael McCaul of Austin, chairman of the House Homeland Security Committee and a national security adviser to Trump. Shortly before participating Wednesday afternoon in a roundtable with Trump's national security team, McCaul told reporters he felt a patriotic duty to help his party's nominee. 

"It's my responsibility to ... help the nominee and advise him on national security as best I can for the sake of the country," McCaul said, speaking with reporters at a book signing in Austin. "One of these two candidates will be the next commander in chief. I think it's important that they have advice, that our nominee has the right advice and the right advisers around him in the event he does become president of the United States."

There are still some prominent holdouts, including Texas House Speaker Joe Straus, U.S. Rep. Will Hurd of San Antonio and Cruz. The junior senator has been largely mum about the presidential race since the convention, only briefly alluding to it during a speech earlier this month in San Antonio where he said he did does not "know what's going to happen nationally in the political season." 

"I still think it could be wise for Cruz to come on board and support the nominee," Miller said, adding that he believes Cruz has politically hurt himself by not backing Trump. "I think he's guaranteed himself an opponent" in 2018. (Miller volunteered that he does not plan to challenge Cruz.)

Hurd, who is in a tough rematch against Democrat Pete Gallego, held firm in his opposition to Trump during a series of town halls last week across Texas' 23rd congressional district. At a stop Aug. 9 in Crystal City, Hurd was specifically asked if he currently supports Trump and, when he said he does not, if he plans to in the future. 

"I have not endorsed Donald Trump, and I will withhold my endorsement until he proves he has a real national security plan and shows that he respects minorities and women," Hurd responded, echoing the statement he issued on Trump within days of him becoming the presumptive nominee. "There's a lot of his programs that I completely disagree with, like building a wall from sea to shining sea. It's the most-expensive and least-effective way to do border security."

Disclosure: The Texas Public Policy Foundation has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/19/trump-struggles-texas-republicans-stand-him/.

Texas Sees "Unusual" Spike in Pregnancy-Related Deaths, Study Finds

Texas has seen an “unusual,” dramatic increase in the number of women who died from pregnancy-related causes in the past five years, according to a new study.

The state’s rate of maternal mortality nearly doubled between 2010 and 2014, according to research published by the medical journal "Obstetrics and Gynecology." Although maternal mortality rates are up nationwide, no other state experienced such a sharp rise, the study’s authors found.

The researchers, led by Marian MacDorman, a professor at the University of Maryland Population Research Center, found that between 2000 and 2010, Texas saw only a “modest increase” in maternal mortality, from 17.7 to 18.6 deaths per 100,000 live births.

The next year, Texas’ rate spiked, to 33 deaths per 100,000 live births, reaching “levels not seen in other U.S. states,” according to the study. That stood in sharp contrast with California, a state with a comparable population that has seen a steady decline in its maternal mortality rate over the last decade.

“There is a need to redouble efforts to prevent maternal deaths and improve maternity care for the 4 million U.S. women giving birth each year,” the authors wrote.

Scientists define maternal mortality as the death of a woman while pregnant or within 42 days of the termination of her pregnancy, not including deaths by accidental causes.

In 2012, 148 women in Texas died from pregnancy-related complications, including excessive bleeding, obesity-related heart problems and infection. Two years before, 72 women died from those causes.

The study examined maternal mortality rates across the country, and researchers said they could not explain the specific, sudden growth in the number of deaths in Texas. 

The study mentioned “changes to the provision of women’s health services” — a reference to cuts made by state lawmakers in 2011 that stripped funding from Planned Parenthood and other women’s health and family planning services — but the researchers stopped short of saying whether that policy change had any effect on the numbers.

"Still, in the absence of war, natural disaster, or severe economic upheaval, the doubling of a mortality rate within a two year period in a state with almost 400,000 annual births seems unlikely," the study’s authors wrote.

Disclosure: Planned Parenthood has been a financial supporter of  The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/19/texas-sees-unusual-spike-pregnancy-related-deaths-/.

Day 2: Asia Society Texas Center presents the Tibetan Buddhist monks fro...

Tibetan Buddhist monks from Drepung Loseling Monastery -August 18-21, 2016

Tibetan Buddhist monks from Drepung Loseling Monastery -August 18-21, 2016

President Bill Clinton wants you to make calls for Hillary | Hillary Cli...

https://www.hillaryclinton.com/calls/

Day 2: Asia Society Texas Center presents the Tibetan Buddhist monks fro...

Monday, August 15, 2016


https://www.texastribune.org/2016/08/11/clinton-and-trump-are-night-and-day-so-why-are-som/

https://www.texastribune.org/2016/08/11/brief-august-11-2016/

https://www.texastribune.org/2016/08/11/tip-of-mexican-sword-discovered-at-alamo-dig-site/
https://www.texastribune.org/2016/08/11/george-p-bush-tim-kaine-ted-cruz-election/

Analysis: Hiding Texas Campaign Spending Details, Legally

Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here.

People get away with all kinds of stuff in campaign finance.

You suspected this, probably, but an item on the agenda of Monday’s meeting of the Texas Ethics Commission offers some evidence.

The title is unalarming: Expenditures involving consultants. The proposed rule sets out to require political consultants to report their spending in the same way that candidates are required to do. Consultants wouldn’t have to report everything — just the spending that’s done at the direction of the candidate or officeholder for whom the consultant is working. The rule says the candidates and officeholders filing campaign reports have to reveal what their consultants are spending as if the filers themselves were spending it.

If you buy an ad in the newspaper, you have to report it. If you pay a consultant who then buys an ad in the newspaper, you don’t. The proposed rule would require the consultant’s spending to be detailed in the candidate’s campaign finance report.

The state is trying to regulate what some have called the “campaign in a box,” when a candidate reports writing one big check to a consultant, who then handles all of the campaign spending off the books.

This is one of those times when seeing a rule or regulation opens your eyes to a vast range of tricks open to practitioners of the activity being regulated.

Campaigns can hide almost anything: how much they spent on TV, whether there’s an astrologist on the campaign staff, who stayed in what hotel in what city while they were out trying to get their candidate elected.

“It’s been going on since before I was in politics,” says Harold Cook, a Democratic consultant who’s been either watching or participating in campaigns for several decades.

This is hardly new. Campaigns have been hiding their expenses forever. Still, it’s possible under Texas law to run a campaign that makes its legally required disclosures without really telling you anything.

Honestly, most candidates don’t care if you know, eventually, what they’re spending. They don’t want their opponents to know what they’re spending — especially in a time frame when the information might be competitively important. Candidate A doesn’t want Candidate B to know how much television advertising is underway if there is still time for Candidate B to respond.

If campaigns are wars, information is ammunition. Secrets can be valuable.

The consultants are going to hate this rule. It raises the possibility that they’ll have reporting responsibilities like their clients, which is a pain in the neck. It raises the possibility that their clients might see their profit margins, which could be damaging to their bank accounts. And it means, on a competitive level, that they’ll have to find new ways to hide what they’re doing from their competitors during election campaigns.

Campaigns can hide almost anything: how much they spent on TV, whether there’s an astrologist on the campaign staff, who stayed in what hotel in what city while they were out trying to get their candidate elected.

“It’s a lot of work they’re not getting paid to do,” Cook says.

The Ethics Commission regulates Texas campaigns, but a recent federal campaign — the presidential effort by former Gov. Rick Perry — illustrates how the campaign-in-a-box gambit works. It appeared from Perry’s reports that the lion’s share of his money went to Jeff Miller — a consultant working for the candidate. That was both accurate and wrong at the same time. It’s true that Perry’s money went to Miller, and it looked on paper like that one consultant had eaten most of the pie. But Miller was paying other unnamed vendors and subcontractors and says that in the end he didn’t get any of the money himself.

Too bad for him, too bad for you. He didn’t get paid, and voters have no idea what the Perry campaign was spending its money on.

The Ethics Commission’s proposed rule is aimed at situations like that one in Texas races. It might be a fiendishly difficult regulation, and there’s sure to be a fight about whether it ought to be enacted. Like a separate debate about the unnamed donors to political nonprofits that participate in elections, it floats on the line between private business and the voters’ right to know.

“I don’t think it’s a matter of nefarious stuff,” Cook says. “But if the public wants to know where the money came from and where it went, this seems pretty basic.”

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/15/analysis-hiding-texas-campaign-spending-details-le/.

https://www.texastribune.org/2016/08/14/school-year-begins-communities-take-stock-confeder/

Friday, August 12, 2016

https://apps.texastribune.org/bordering-on-insecurity/

Analysis: Texas Legislator Wonders if a New School Tax Might Bring Less Pain

Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here.

James Frank is swimming in dangerous waters — another way to say he’s talking about policy in a way that might seem politically risky.

Frank, a Republican state representative from Wichita Falls, wrote to his constituents last month about school finance and used these phrases along the way: statewide commercial property tax, consolidated funding districts, and statewide property tax.

Yikes.

He’s got two points to make. Frank says taxpayers in Texas spend about $10,750 per public school student in federal, state and local money. He thinks that’s probably enough, although he knows that is a point of contention in the Legislature. It’s an economic tug-of-war: Some think that’s too much per student, some think it’s not enough.

His questions about how the money for schools is raised are provocative, too. Like other current and past Texas lawmakers, Frank is frustrated by the rich-and-poor divisions in the state’s schools, and he thinks it could be simplified by distributing the money from one place.

He was prompted by the Texas Supreme Court’s recent decision on school finance that said, in short, that the state’s method of paying for public education is screwed up — but not unconstitutional. The court didn’t order lawmakers to fix it, which is what Frank and his colleagues were expecting.

Still, it set them to thinking.

Instead of raising money from local property taxes and from the state and federal governments, Frank has been pondering ways to have all of the money come through the state, distributed, as he puts it, “strictly based on the number of students that they are educating and the educational needs of those students.”

That’s where he gets into those three phrases — three alternatives for a new school finance system — that have been batted around in education circles for years.

Texas voters — prompted by their legislators — made a state property tax unconstitutional decades ago. Among other things, that means the state can’t set a single property tax rate that applies to everyone and that raises money for all of Texas’ public schools. With more than 1,000 school districts, there are more than 1,000 property tax rates.

The local tab varies, depending on the value of real estate, the number of kids in schools, their educational needs and so on.

The price and quality of public schools vary greatly in Texas, depending on where you live.

Easy remedies have eluded Texas lawmakers for a long, long time.

The statewide commercial property tax idea would leave local districts with residential properties in their tax bases and put everything else into a statewide group taxed at a statewide rate. Like the other options Frank mentioned, this one is full of pluses and minuses. It would be easy to understand, but many businesses don’t want to be put in a separate class from homeowners, for fear that it would be easier to raise taxes on them if all of those homes full of voters were pulled out of the mix.

They prefer the protection of an all-for-one, one-for-all approach.

The consolidated funding districts would redraw school district lines — for financial purposes only — to try to ease the fiscal differences between rich and poor districts. Past runs at consolidation prompted fights over local controls and local priorities, like whether and when to build school buildings and how much to pay teachers. It’s possible, but also runs the risk of trading an old set of political problems with a new set.

The statewide property tax would leave the districts intact while taking all of the real estate in Texas and taxing it to pay for public schools. It has the advantage of making the rate the same for everyone, and the political disadvantage of making state officials responsible for setting the tax rates that so reliably anger voters.

All of those ideas share one political shortcoming with the current one: Taxpayer money from places with a lot of valuable property gets used in places without that kind of wealth.

The current system requires the richer ones to send money to the state to share with the others; so do the various statewide taxes Frank, among others, is talking about.

“Do I think we’re going to do something?” he said in an interview. “No. But I think we’re going to talk about it.”

He’s working on it, he says, to make sense of the system in his own head. It’s complicated. “School finance is so complex, the schools have full-time people trying to maximize their revenues,” he says. “We have the school systems bobbing for dollars.”

Read more columns from Ross Ramsey:

Donald Trump and everyone’s reaction to him might turn out to be unimportant in the next couple of election cycles. If the Republican wins the presidency, he’ll be a factor in the 2018 mid-term elections. If he doesn’t, he’ll be a memory.

A lot can happen when you're distracted by presidential politics. The past week offered a few relatively local reminders of why politics matters.

It’s routine for top state leaders to ask government agencies to tighten their belts, but don’t get the kooky idea that the state budget will shrink. This is just an exercise.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/12/analysis-texas-legislator-wonders-if-new-school-ta/.

The Brief: Trump an Opportunity for Texas Democrats, Memo Says

The Big Conversation

Democrats in Texas have reason to celebrate Donald Trump’s divisive candidacy, according to a pollster who says state Democrats have their greatest opportunities in a generation” this November.

Austin-based Democratic pollster Leland Beatty argues, in a memo obtained by The Texas Tribune, that several factors, including an anticipated drop in GOP straight-ticket voting, could provide beleaguered state Democrats their biggest opening in 20 years,” Patrick Svitek writes in the Tribune.

In addition to Trump’s unpopularity, Beatty pointed to many likely voters’ belief that corruption is widespread in Texas government” to conclude that Democratic challengers could be competitive in 20 of 39 contested state House seats held by Republican incumbents. One statewide race, for railroad commissioner, could be in play, too, Beatty suggested.

He acknowledged, though, that other factors could work against the Democrats — namely, money. Democrats in the House races he identified do not appear financially ready to compete, he wrote.

Trib Must Reads

Texas Seeks Temporary Block of Rules for Transgender Students, by Alexa Ura — The legal distinction between gender identity and sex will be central as Texas on Friday tries to block the Obama administration's order that public schools accommodate transgender students.

Congressional Panel Extends Review of Roger Williams Ethics Case, by Patrick Svitek — Congressional ethics investigators have decided to take a further look at U.S. Rep. Roger Williams, R-Austin, over a legislative amendment he pushed that allegedly benefited his car dealership.

Analysis: Texas Legislator Wonders if a New School Tax Might Bring Less Pain, by Ross Ramsey — State Rep. James Frank, R-Wichita Falls, wrote to his constituents about school finance and used these phrases along the way: statewide commercial property tax, consolidated funding districts, and statewide property tax. Yikes.

Former Bush National Security Aide: Trump is No Statesman, by Khorri Atkinson — William Inboden said Donald Trump has shown no interest in “learning the responsible behavior of a statesman” and warned that the GOP standard-bearer would risk the country’s national security and diplomatic relations abroad.

Prison Guard's Convicted Killer Wins Another Execution Stay, by Madeline Conway — Robert Lynn Pruett, convicted in the 1999 stabbing death of a state correctional officer, has won another stay of execution from a Court of Criminal Appeals judge. His lethal injection was set for August 23.

Seattle Seahawks to Stop Using "12th Man" on Social Media, Texas A&M Says, by Matthew Watkins — Texas A&M University has reached a new deal with the Seattle Seahawks to allow the NFL team to continue using the phrase "12th Man." There will be new restrictions on the use of the trademarked slogan, however.

Texas Tech to Begin Offering Degrees From a New Costa Rica Campus, by Matthew Watkins — Texas Tech University plans to open a branch campus in Costa Rica in 2018. Students there will be able to earn degrees in engineering, mathematics and other fields.

Tip of Mexican Sword Discovered at Alamo Dig Site, by Kirby Wilson — Archaeologists in San Antonio have discovered the tip of a Mexican sword near the mission's south wall. 

Elsewhere

(Links below lead to outside websites; content might be behind paywall)

HISD approves $1.24 million for renaming eight schools, Houston Chronicle

2 officials sacked for not reporting loss of birth records that could have exposed 1,500 Texans to ID theft, The Dallas Morning News

With Congress Deadlocked, White House Diverts Funds to Fight Zika, The New York Times

Tyler hospital fight with Blue Cross and Blue Shield appears resolved, Houston Chronicle

Where the Confederacy Is Rising Again, Politico Magazine

Harrold district at forefront of 2 gender-barrier issues, The Vernon Daily Record

NY police name K-9 in honor of slain Texas officers, The Associated Press

Quote to Note

“We’d get a rope!” 

— Texas Agriculture Commissioner Sid Miller, asked what he would do if a Yankee tried to serve you chili with beans 

Trib Events for the Calendar

•   A Conversation with state Sen. Juan "Chuy" Hinojosa and state Reps. Terry Canales and Bobby Guerra on Aug. 26 at UT Rio Grande Valley in Edinburg

•   The Texas Tribune Festival on Sept. 23-25 at the University of Texas at Austin

•   TribFeast: A Dinner To Support Nonprofit Journalism on Sept. 24 at the University of Texas at Austin's Etter-Harbin Alumni Center

•   A Conversation with state Reps. Four Price and John Smithee on Oct. 4 at Amarillo College in Amarillo

•   A Conversation with state Reps. Andrew Murr and Jason Isaac on Nov. 14 at Schreiner University in Kerrvile

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/12/brief-august-12-2016/.

Federal Judge Approves Plan to Weaken Texas Voter ID Law

A federal judge on Wednesday approved a plan that says it won't be mandatory for Texans to present an ID in order to vote in the November general election. 

The sweeping changes OK'd by U.S. District Judge Nelva Gonzales Ramos come a month after a federal appeals court found the state's voter ID law — which was passed by the Legislature in 2011 and went into effect in 2013 — to be racially discriminatory.

Under the agreement reached by Texas officials and groups suing the state, anyone without an ID can sign a declaration stating they are a U.S. citizen and present proof of residence, such as a utility bill, bank statement or paycheck.

"Certainly what happened today in court was a victory," said Jennifer Clark, an attorney at the New York-based Brennan Center for Justice, who represented plaintiffs in the case. "This is the first time in three years voters will cast a regular ballot in November. It’s a huge victory."

Gary Bledsoe, president of the Texas NAACP chapter and an attorney in Austin, called the decision "a big step in our continuing fight to push back against discriminatory laws that have no place in the Lone Star State."

The voter ID law, championed by state Republican lawmakers, requires voters to show one of a limited number of government-issued photo IDs to vote, including a state driver’s license, a passport or a concealed carry handgun license. They argued that regulations are essential to combat election fraud. However, critics said the law is intended to suppress voter turnout among Democratic-leaning constituencies, including minorities, students and the elderly. They said more than 600,000 eligible Texas voters lacked the forms of identification the law requires.

Texas Attorney General Ken Paxton, a staunch supporter of the voter ID law, signaled that he won’t give up the case any time soon. The legal battle over what is said to be the nation’s strictest voter ID law has already cost state taxpayers more than $3.5 million.

"This case is not over," Paxton’s spokesman, Marc Rylander, said in a statement. "Given the time constraints of the November elections and the direction of the Fifth Circuit, today's order by the district court is an interim remedy that preserves the crucial aspects of the Voter ID law for this November election, while we continue evaluating all options moving forward, including an appeal of the Fifth Circuit’s decision to the U.S. Supreme Court."

Wednesday’s agreement comes in the wake of a string of recent court decisions in other states weakening voting restrictions ahead of this general election. Courts ruled that Texas and other states have passed restrictive laws that attempt to disenfranchise minorities and students.

Texas' ID law was blocked by the U.S. Department of Justice and a federal court in 2012, but it went into effect in 2013 after the U.S. Supreme Court struck down a core provision of the Voting Rights Act. The ruling by the high court means Texas and other states with a history of racial discrimination no longer automatically need federal consent before changing their election laws.

Texas also agreed to spend $2.5 million on voter education efforts to ensure that residents and poll workers know about the policy change before Election Day.

Clark said Texas attorneys also proposed language that would have allowed someone to vote after swearing or affirming under penalty of perjury that they do not have a state voter ID. The judge struck down that proposal, which Clark called “intimidating” and unnecessary.

"We should make voting a welcoming experience and make people feel they have a right to vote," Clark said. She added that attorneys representing the plaintiffs will closely monitor the case because they expect "there will be a lot of things happening after the election."

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/10/fed-judge-approves-plan-weaken-texas-voter-id-law/.

Open House Educators

Monday, August 8, 2016


http://www.mysanantonio.com/news/local/article/Few-have-voted-in-today-s-East-Side-special-9060148.php?cmpid=twitter-desktop

https://www.texasobserver.org/scott-ball-san-antonio-church/

https://www.texasobserver.org/meeting-muhammad-ali/
https://www.texasobserver.org/texas-birth-certificate-settlement/
https://www.texasobserver.org/shawn-thierry-houston-dem-rep-precinct/

Prison System Ponders $250 Million in Budget Cuts

Editor's note: This story has been updated throughout.

Told to prepare a budget that cuts spending by 4 percent, the Texas Department of Criminal Justice is drawing up a legislative request for the 2018-2019 biennium that would slash its operating budget by about $250 million. 

The agency won't say what potential savings — including closing prisons or figuring out how to release more nonviolent inmates — might be in the mix, but its request will launch the biennial dance with lawmakers over funding for the nation's largest prison system.

In late June, Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Joe Straus instructed most state agencies to submit budget plans reflecting the 4 percent reduction target, setting that as the "starting point" for 2017 budget negotiations.

With a more than $3 billion annual operating budget, about 40,000 employees and close to 150,000 inmates, TDCJ could chase that goal by closing prisons, reducing the inmate population and changing how Texas uses its state jail system, policymakers and analysts say.

In 2013, the agency shut down two privately run state jails after the Legislature cut almost $100 million from its budget. More closures may be in the offing, said Scott Henson, author of the criminal justice blog Grits for Breakfast.

Dawson State Jail, one of the two former TDCJ facilities, closed down to the Dallas community's delight because it was by the Trinity River where major development efforts were in the works. City officials welcomed the opening up of the land.

"If we were to assume that that would probably be the driving interest that the Legislature cares about most going forward, that leads you to look at a little cluster of prisons outside of Richmond, also in Fort Bend" near where high-dollar homes sit, Henson said. "[That] sounds more possible because there's so much more economic incentive."

What could work in Fort Bend County, though, might not in other places, Henson said.

"The reason they don't want to close prisons is 'cause it's jobs," he said. "You go into Palestine, Texas, and say you're going to close prisons. Well, that's a significant part of the labor force. But Fort Bend County's growth has nothing to do with the prison industry, and in fact, there are higher, better uses for that property."

Outdated and dilapidated units might also be prime for closure, Henson said, such as the Pack Unit near Navasota where inmates have sued TDCJ over high arsenic levels in the drinking water.

Money might also be saved by cutting down inmate populations in the state jail system, which is separate from the prison system but run by TDCJ, said Michele Deitch, a senior lecturer at the LBJ School of Public Affairs at the University of Texas at Austin. The 19 state jails hold low-level offenders for no longer than two years and was designed as a backup for people under community supervision.

"It's moved so far from its original conception that it's unrecognizable," said Deitch, who was part of the office that designed the system in the early 1990s. "It has not been a success at all. It has the largest recidivism rate of any part of the criminal justice system, within any part of TDCJ, and the inmates are not getting the kinds of programs and services they need. They get no supervision or services when they get out, and so reentry is very problematic. And there's a lot of people who are locked up in state jails that really don't need to be there."

On the front end, the Legislature and local communities could whittle the inmate population with drug sentencing reforms and by using treatment and other diversion techniques as alternatives to locking up offenders for nonviolent crimes, policy analysts said.

Diversion could save the agency and taxpayers hundreds of millions of dollars, said Marc Levin, director of the Center for Effective Justice at the Texas Public Policy Foundation. A prisoner who costs the state $53 a day could cost $3 a day as a parolee or less than $2 a day as a probationer because they pay fees out of their own pockets, Levin said.

Utah and Alaska recently enacted laws reducing drug possession offense classifications from felonies to misdemeanors, he said.

Texas could also lock up fewer people for violating conditions of their probation and supervised release, Levin said.

An emphasis on treatment, especially within an offender's community, makes a positive difference, Levin said. "What we really want to avoid is to make sure budget cuts don't come from probation, diversion programs, parole," he said.

Locking someone up for nonviolent, drug-related offenses does little to help them, said Elizabeth Henneke, a policy analyst for the Texas Criminal Justice Coalition. Keeping them in prison, where there are "no bills, no stress of job, no stress of family, that doesn't translate well when they get home because additional stressors come in."

"Do these folks need to be locked up for the fact that person abused drugs, or can they stay in their community and participate with substance abuse counseling, get the treatment they need in an effective way?" Henneke asked.

State Sen. John Whitmire, a Houston Democrat and the Senate's most powerful voice on criminal justice issues, said he will try to spare the prison system from budget cuts next session.

"TDCJ's greatest expense is personnel. You have to secure the prison. So you sure as hell can't cut that," Whitmire said. "Rehabilitation – drug, alcohol, is too critical a service to cut, because it's actually what reduces recidivism and allows us to save money from having to build more prisons and also increases public safety because you have a better person released than the one that you received. Mental health services – we all know what a priority that is."

Most state services are underfunded, and it shouldn't be that way in Texas, Whitmire said.

"We do not live in a broke state," he said. "We live in a state led by those who want 'less government,' which I guess means we cut the budget. But it's early in the process."

Disclosure: The Texas Public Policy Foundation and the University of Texas at Austin have been financial supporters of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/03/prisons-agency-could-see-250-million-budget-cuts/.

Analysis: Oh, You Thought Your State Government Worked For You?

Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here.

A lot can happen when you're distracted by presidential politics. The past week offered a few relatively local reminders of why politics matters.

Texas state government can shut down your access to public informationsimply by hiring private businesses to do government work that would otherwise be subject to public scrutiny.

What’s supposed to be the virtuous circle of civics — you elect lawmakers, they get to work, you re-evaluate them on that work and then vote again — has been corrupted. It competes with the commercial circle of civics, where elections are paid for by business interests that are rewarded with state contracts that, incidentally, are protected from public scrutiny because of laws passed by those same business-backed officeholders.

You can blame the Texas Supreme Court, if you’d like, for the ruling that exposed what some call a “monstrous loophole” in the state’s public information laws. Or you can blame the lawmakers who wrote those laws.

Either way, as The Texas Tribune’s Jim Malewitz reported, you can’t find out what it cost McAllen taxpayers to hire Enrique Iglesias to sing in a parade, or how many ride-hailing permits Uber got from the city of Houston.

That’s before you even get to the really big contracts that replace entire departments of state government — in child support, health and human services programs, state prisons and data services.

It might be your money, but the state doesn’t think it’s any of your business.

Your right to choose the people who represent you in government is severely limited.

It’s subverted by self-interested legislators overseen by a lumbering judiciary that preserves the status quo by slow-playing its decisions.

It’s an old gripe about redistricting and other election laws, but that doesn’t mean it’s a misplaced one. Lawmakers choose the voters who will elect them by drawing districts that will keep them or their party — or both — in power.

They’re constrained — barely — by laws that are supposed to prevent some kinds of discrimination. But the courts are painfully slow to remedy unfair political maps, and the process starts all over again when new maps are drawn every decade. It’s hard to replace incumbents voters don’t like, which makes it difficult, for instance, to regulate that “commercial circle” described above.

The litigation over photo voter ID and redistricting that began in 2011 in Texas is still underway. The courts are forcing the state to remove some of its restrictions on voting, but the redistricting judges haven’t done anything — changed maps, made a ruling, raised a question — since their last hearing.

That was two years ago.

The political maps matter. Only a handful of federal and state legislative seats are competitive, and only certain kinds of candidates are truly eligible contestants even in those districts. Those lines are set by the mapmakers, and the courts are supposed to make sure they’re fair — or at least legal — in a timely enough fashion to make a difference.

All of that business and civics stuff might be a little boring. How about life and death?

The safety of Texans with mental illness is sometimes held second to the reputations of the agencies charged with protecting them. Those agencies react to trouble — if at all — by hiding their misdeeds in personnel files and bureaucratic nonsense. A case in point, reported by the Tribune’s Edgar Walters: Keith Clayton, a 55-year-old committed to a state-run psychiatric hospital in Wichita Falls, was killed by attendants there who were trying to restrain him. It took five months for the medical examiner to determine that “an accident” had caused his death. The family, two years later, has never received an explanation.

It recalls something former Gov. Rick Perry said at a public policy conference last month about the power of government.

“Sometimes we forget that the IRS isn’t the only government agency capable of abusing its authority,” he told the American Legislative Exchange Council. “Anyone wielding the power of the state faces the temptation to abuse it.”

Perry was talking about criminal prosecutors run amok. That is hardly the only part of government that either doesn’t do the job it’s supposed to do — like that psych hospital in West Texas — or is doing a job voters had no idea was underway, like the public business outsourced to private firms with limited accountability to voters.

The attention-grabbing wizardry of Donald Trump and Hillary Clinton notwithstanding, there are plenty of examples of what’s really at stake when we choose the people who represent us. Voting isn’t just about personalities, and government isn’t just about partisan politics.

More columns from Ross Ramsey:

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/08/analysis-oh-you-thought-your-state-government-work/.

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