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 AUGUST 2004
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August 25, 2004
Wednesday 10:13:22 P.M. CST

Karl Rove Speaks:  Is Something Wrong?
The art of a political campaign is the ability to control perception. Karl Rove, President Bush's chief political strategist, is a master of political spin.  He knows how to control a political message.  However, unlike other political operatives, Rove prefers to work in the shadows than in public.  He rarely gives interviews unless something has gone awry.

Earlier today, Rove spoke to Brit Hume, the Washington Managing Editor of Fox News, about the Vietnam ad controversy and the campaign.  Coincidentally, Ben Ginsberg, legal counsel to the Bush-Cheney Campaign, abruptly resigned today for providing legal advice to The Swift Boat Veterans for Truth, the 527 group that has been highly critical of John Kerry's Vietnam war record.  Ginsberg's resignation follows an earlier resignation by a Vietnam Veteran who volunteered for the Bush-Cheney Campaign and appeared in the first Vietnam ad. Ginsberg's resignation also occurred on the same day that former Georgia Senator Max Cleland tried to deliver a letter to President Bush at his Crawford Ranch asking him to condemn the ads.  Surprisingly, Cleland was greeted by Texas Land Commissioner Jerry Patterson at the entrance pf the ranch and provided a letter drafted by the Bush-Cheney campaign.  The "Letter Showdown" was political theater that could give new life to the controversy.

John Kerry has accused President Bush of coordinating a "smear" and "fear" campaign with the Swift Boat Veterans.  If true, such an act is illegal.  No direct evidence has been presented to suggest that the law was violated.  President Bush has condemned all 527 ads. However, the perception that a direct link exists between President Bush and the controversial swift boat group raises doubts that may affect the President's political message of being a uniter and not a divider.  

Rove told Hume that there is no coordination between the Swift Boat Veterans or Bob Perry, the top Republican donor who provided seed money for the group.  The denial was not new.  What was new was that Karl Rove said it and not some other political surrogate.  Rove only speaks when it is absolutely necessary to clear the air or when the campaign's internal polls show that the Vietnam Vet ads are hurting the President.

With the advent of the Republican National Convention, Rove may be trying to put a controversy to rest in order to assure that President Bush's message for the next four years doesn't become a political footnote.

Stay tuned.     

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August 18, 2004
Wednesday 7:33:44 P.M. CST

GOP Lawmaker:  Iraq War Was Mistake
The right hand man of Porter Goss, President Bush's nominee to lead the CIA and former chairman of the House Intelligence Committee, stunned the political community today by calling the Iraq war a tragic mistake.

Republican Congressman Doug Bereuter of Nebraska, Vice-Chairman of the House Intelligence Committee, was very critical of the White House in a letter sent to constituents who inquired about the war.   In 2002, Congressman Bereuter supported the House resolution authorizing the President to go to war.

"I've reached the conclusion, retrospectively, now that the inadequate intelligence and faulty conclusions are being revealed, that all things being considered, it was a mistake to launch that military action." Bereuter said.

"From the beginning of the conflict, it was doubtful that we for long would be seen as liberators, but instead increasingly as an occupying force," he said. "Now we are immersed in a dangerous, costly mess, and there is no easy and quick way to end our responsibilities in Iraq without creating bigger future problems in the region and, in general, in the Muslim world."

Sounding a lot like Democratic nominee John Kerry, Bereuter said as a result of the war, "our country's reputation around the world has never been lower and our alliances are weakened."

Congressman Bereuter will be stepping down from his position on September 1. He will become the president of the Asia Foundation.

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August 18, 2004
Wednesday 7:26:56 P.M. CST

What Was That?
To find the latest "plain spoken" remarks by President Bush, click here.
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August 18, 2004
Wednesday 7:24:35 P.M. CST

Keeping Time With Bush and Kerry
If you are a political aficionado who wishes to spend a lot time with the presidential candidates, click here.
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 JULY 2004
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July 25, 2004
Sunday 8:15:11 P.M. CST

New Feature Launched:  WhiteHouseInsider.com
On the eve of the 2004 Democratic National Convention, MyCapitol.com is pleased to announce the unveiling of WhiteHouseInsider.com.  

The new feature is designed for individuals who want to stay informed about the upcoming political conventions, the race for the White House, political commentary, and political polls.  The website will be updated regularly.  

WhiteHouseInsider.com can be accessed via the homepage of MyCapitol.com or at http://www.whitehouseinsider.com.

Enjoy!
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July 11, 2004
Sunday 11:03:22 A.M. CST

Capitol Insider:  Can John John Pull It Off?
To read the most recent article in the Capitol Insider, click here.
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 JUNE 2004
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June 17, 2004
Thursday 12:01:22 A.M. CST

Snitching on Tom Delay
According to the July issue of Vanity Fair, some Republicans have broken Ronald Reagan's Eleventh Commandment:  Never bad-mouth a fellow Republican, especially to a prosecutor.

Travis County District Attorney Ronnie Earle is currently investigating the fundraising activities of  Majority Leader Tom Delay and House Speaker Tom Craddick on the alleged use of corporate contributions to help Republicans win a majority in the Texas House of Representatives. The new majority was instrumental in helping Tom Delay re-redistrict the congressional seats in Texas, which would increase the number of Republicans in the Texas Congressional Delegation.

Even though Earle and the Public Integrity Unit have been under the political radar, the author of the article quotes an unnamed prosecutor as saying that witnesses are coming forward, including several Republicans who are appearing incognito for fear of retaliation from Majority Leader Delay.  Somebody's talking and it may be favorable to the prosecution.

Earle has not subpoenaed Tom Delay.  However, power transfer arrangements have been discussed on Capitol Hill in case a grand jury indicts him.

If Earle decides to use his legal hammer to go after "The Hammer," the fall political season may get very interesting.   

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June 14, 2004
Monday 9:40:34 P.M. CST

Ronald Reagan at the Democratic National Convention?
Now that the Great Communicator belongs to the ages, the political truce between presumptive Democratic nominee John Kerry and President George W. Bush is over.  Campaign consultants are undoubtedly scratching their heads on how to politically benefit from the death of the man who valued optimism and bipartisanship.

The Republican National Convention will definitely highlight the man who rescued conservatism.  A tribute to President Ronald Reagan will remind voters of what the GOP has to offer.  

However, Democrats may be able to upstage the Republicans and minimize the posthumous effect Ronald Reagan may have on the November 2004 election.  

Since the Democratic National Convention will be held in July, one month before the Republican National Convention, Democrats may honor President Ronald Reagan first and characterize The Gipper as an "American President", not just a Republican President.  A tribute to Reagan by former Presidents Jimmy Carter and Bill Clinton may convince the Reagan Democrats in the key battleground states to give John Kerry a second look.

Stay tuned.

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June 5, 2004
Saturday 4:07:12 P.M. CST

Former President Ronald Reagan Dies
Former President Ronald Reagan died today at 4:09 EST in California.

President Reagan had been out of public view for almost a decade because of his battle with Alzheimer's disease.

MyCapitol.com expresses its deepest sympathies to the Reagan Family.

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 MAY 2004
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May 14, 2004
Friday 7:30:47 P.M. CST

Robin Hood Dodges Political Arrows--Again

The legislative sheriffs of Texas' Nottingham took their best shot and missed --again.

"Robin Hood," the name coined to describe the politically unpopular but constitutional system of public school finance in Texas, survived another elimination attempt after the Texas Senate failed to reach a consensus earlier today.  Several revenue options were considered to offset the loss resulting from a cut  in property taxes, but none came to fruition.

The Fourth Called Special Session officially ends on Wednesday, May 19.  However, as a practical matter, there will not be enough time to pass a bill this session, which could be aptly described as the "Special Session of Perception."   Even though there was no solution, Texas lawmakers can take credit for trying to change the complicated system.

"Folks, I'd like to tell you we could get a bill out,"  Lieutenant Governor David Dewhurst said during a press conference. "But we can't do it."  Dewhurst said more time is needed to address the difficult issue.

Last week, the Texas House of Representatives sent the Texas Senate a "shell" bill that some House members described as "disastrous," but necessary to move the legislative process forward.  Some Texas Senators were highly critical of the vacuous bill and the political risks associated with voting for higher taxes without the assurance that the bill would become law.   

Texas Governor Rick Perry promised to call lawmakers  back into session to address the issue, but did not specify any dates.  After today's developments, Governor Perry issued the following statement:

“Funding our public schools is likely the most complex and important issue that state leaders face, as evidenced by the fact that no legislature has ever solved the matter in 30 days. From the outset I have said that I am committed to spending whatever time it takes to address the issue. Our children and taxpayers deserve no less than our full commitment.

“Over the past few weeks, Lt. Gov. David Dewhurst, Speaker Tom Craddick, the Senate and the House have made significant progress toward addressing the issues of improving education, funding our schools and providing taxpayers much needed property tax relief. Lt. Gov. Dewhurst has said the Senate needs additional time to pass a plan that does right by taxpayers, teachers and school children.
.
“I am confident that with the kind of disciplined and focused leadership that Speaker Craddick and Lt. Gov. Dewhurst have exhibited, we can and will succeed.

“I look forward to continuing our work in the coming days until we have developed a plan that achieves our goals of ensuring educational excellence, eliminating Robin Hood, cutting and controlling property, and preserving our state’s strong job creation climate.”

House Speaker Tom Craddick echoed the difficulty in finding a consensus on such a politically charged issue.

"Believe me, I understand the Senate's problem in reaching a consensus. The House has nearly five times as many members, said Craddick.

"We too are disappointed that the many moving parts couldn't come together, but we will continue to work toward finding a solution."

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May 2, 2004
Sunday 10:01:43 P.M. CST

Texas House to Consider Public School Finance Legislation
With a 21-7 vote, the House Select Committee on Public School Finance sent the Calendars Committee a 372 page bill (C.S.H.B.1 and outline) and constitutional amendment (C.S.H.J.R. 1 and outline) to reform the public school system. The vote was largely on partisan lines, with the exception of Representative Ron Wilson (D-Houston).  Wilson, a loyalist of Speaker Tom Craddick and former chairman of the powerful House Ways and Means Committee, was recently "purged" in the Democratic Primary and will not be returning in January 2005.

The bill and the constitutional amendment face a bleak future in the Texas House of Representatives.  First, several hundred floor amendments will likely be proposed to modify the proposed legislation.  Second, the bill and constitutional amendment contain gambling provisions that some Republicans have said are "dead on arrival".  Third, there may not be 76 votes to approve the proposed legislation.  More importantly, the constitutional amendment does not have the necessary 100 votes to pass the Texas House.  Thus, the key revenue generating provisions will never see the light of day.

If public school finance is as important as congressional redistricting, the Texas Governor Rick Perry will call at least three special sessions before calling it quits.

Stay tuned the for the votes this week.    
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 APRIL 2004
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April 27, 2004
Tuesday 9:21:33 P.M. CST

Lawmakers Consider Revenue Options for School Finance
Texas lawmakers are considering various revenue proposals to offset the cut in property taxes which could result upon the death of the "Robin Hood" public school finance system.

To read some of the proposals under consideration, click here.
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April 21, 2004
Wednesday 6:41:33 P.M. CST

Perry and Strayhorn Accuse Each Other of "Fuzzy Math"
The Battle of the Numbers between Texas Governor Rick Perry and Comptroller Carole Keeton Strayhorn continued on the second day of the Fourth Called Special Session on school finance.
At issue are the benefits and savings the Governor's school finance plan is suppose to produce.

Governor Perry believes his plan will reduce individual property taxes and increase per student funding.  Strayhorn staunchly disagrees.  Yesterday, she presented printouts to show that the Governor's plan will only benefit the superwealthy districts. Strayhorn also estimated that the Governor's plan would produce a $10 billion deficit.

"The only thing that is fatally flawed here is the Governor's plan. The numbers I released today show too many of our public school districts get too little money. In most cases, districts receive absolutely no more money to educate our kiddos," said Strayhorn.

Governor Perry was highly critical of Strayhorn's assessment of his plan.

"The comptroller's analysis of my plan is based on several false assumptions and, I might add, eye-popping miscalculations," Perry said.   Perry also noted that it is an "astonishing fact that the top number-cruncher in this state could be so wrong on the numbers."

Strayhorn, who is highly regarded for having one of the best revenue projection models in the country, was forthright in her response to the Governor's comments.

"How dare the governor question the integrity of this agency. How dare he. I am telling the truth, and I will keep telling the truth," said Strayhorn.

Stopping short of calling Strayhorn a WMD, Perry said that she was adamant on "blowing up" the special session.

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April 21, 2004
Wednesday 6:28:12 P.M. CST

Strayhorn:  Alcohol, Sex, and Public Education Don't Mix
In a public rebuke to Governor Rick Perry's proposal to fund public education by assessing a $5 adult access to sexually oriented nightclubs, Comptroller Carole Keeton Strayhorn today proposed banning alcohol at sex clubs.

"I don't want my five granddaughters growing up in a state where the Governor says partnering with sexually oriented nightclubs is an acceptable way to finance their education," Strayhorn said. "Texas is great, but we can do better than this."

The adult access fee, or what Strayhorn calls a "sleaze tax," is part of the Governor's multi-million dollar "sin tax" proposal to increase revenue for public education.

"The state of Texas does not need to be partnering with these clubs that are degrading, particularly to women, and are havens for drug use and abuse. We need to be shutting them down," said Strayhorn.

Strayhorn also expressed concerns about the primal behavior that alcohol tends to produce.

"Alcohol can make the meek violent, the quiet loud, and the passive aggressive. People can and do get hurt in these clubs."  "If these clubs can stay in business selling lemonade and iced tea, at least I will feel better about the safety of the dancers," Strayhorn added.

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April 21, 2004
Wednesday 6:10:45 P.M. CST

Perry:  Texas Needs Vouchers
Calling it a "public school choice" pilot program, Governor Perry today expressed his support for a voucher program.

"I'm for a public school choice pilot program, always have been," Perry said. "I'd like to have seen it four sessions ago. I don't have a problem with that, never have."

No specific vouchers bills have been filed, but the proclamation issued by the Governor includes broad language which could allow a voucher bill or an amendment to be considered by the Texas Legislature and avoid a procedural death sentence, i.e. point of order.

In setting the parameters of the "call" of the session, Governor Perry listed the following:

"To consider legislation on education reforms and property tax reduction proposals that benefit the school children and property taxpayers of Texas."  The words "education reforms" could be construed as allowing the consideration of vouchers.

The Coalition to Invest in Public Schools, an organization dedicated to informing the public about developments in public school finance, is opposed to vouchers.  The Texas Association of School Administrators and the Texas Association of School Boards comprise the Coalition.

Dawson Orr, President of the Texas Association of School Administrators and a spokesperson for the Coalition said earlier today, “We owe our children the best education we can provide them. A voucher program simply does not guarantee a quality education and takes needed money away from public schools.”

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April 19, 2004
Monday 11:51:11 P.M. CST

Can't We Just Get Along?
On the eve of a historic special session on school finance, the war of words between Texas Governor Rick Perry and Comptroller Carole Keeton Strayhorn has set a tone in the Texas Legislature that could be indicative of what is yet to come during the next 30 days.

Earlier today, Comptroller Strayhorn, who considers herself to be Texas' Toughest Grandma, sent Governor Perry, Lieutenant Governor David Dewhurst, and House Speaker Tom Craddick a letter that was highly critical of the Governor's school finance plan.  According to Strayhorn, the Governor's plan would result in a $10 billion deficit!  The Governor's office disputes Strayhorn's conclusions, but the Comptroller's statements will certainly cause all interested parties to take a second look at the Governor's plan.

Stay tuned.

Thirty days is a long time in the Texas Legislature.  
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April 19, 2004
Monday 11:27:11 P.M. CST

Craddick Issues Statement on Special Session
To read the statement, click here.
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April 19, 2004
Monday 11:17:11 P.M. CST

21 and 100:  Bet on Those Numbers
There's an old saying in the Texas Capitol:  "What the Governor proposes, the Texas Legislature disposes."   

Based on recent reactions from key players, interest groups, and lobbyists, the Governor's school finance plan may soon experience an extreme makeover that could determine its success or failure.  However, any school finance plan that passes out of the Joint Committee on Public School Finance still faces a major hurdle - two-thirds approval of the constitutional amendments in the Texas Senate and Texas House.

While a regular House and Senate bill can be approved by a simple majority (16 in the Texas Senate and 76 in the Texas House), constitutional amendments require two-thirds approval in each house (21 in the Texas Senate and 100 in the Texas House).  Some school finance proposals, including the Governor's school finance plan, require adopting constitutional amendments to reform public school finance. Even if lawmakers vote along party lines (Texas Senate: 19 Republicans, 12 Democrats and Texas House: 88 Republicans, 62 Democrats), the constitutional amendments will fail.  Thus, bipartisanship will be key to the success of any school finance legislation.  

Start counting votes.
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April 10, 2004
Saturday 7:47:11 P.M. CST

Capitol Insider:  "Bin Ladin Determined to Strike in US" Memo Declassified
To read the declassified memo, click here.
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 MARCH 2004
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March 31, 2004
Wednesday 9:09:22 P.M. CST

Strayhorn Questions Perry's Leadership
Calling on Texas Governor Rick Perry to act immediately, Comptroller Carole Keeton Strayhorn today told the Texas Association of Counties that Gov. Rick Perry is failing the state by throwing thousands more children off their health insurance plan, refusing to deal honestly with the school funding crisis, and by stripping local control away from local governments.

"It's time for the hemorrhaging to stop. It's time to put the children first. It's time to act," Strayhorn said.

Strayhorn challenged Perry to immediately call upon legislative leaders to release $583 million the Governor is "sitting on" to fund needed health care.

"I'm calling on him to use his powers of persuasion and his bully pulpit to get the Legislative leadership together and free these funds before one more child is hurt, before one more family has to make a heart-wrenching choice between keeping their insurance and setting just a little bit aside for education and before one more emergency room doctor has to tell a patient to 'get on down the road,'" Strayhorn said.

She also said Perry should order the health and human services commission to back off new asset tests that will throw thousands more children off the Children's Health Insurance Program. Since September, 119,000 children have lost their insurance, and Texas is already dead last in percent of children with health insurance in the United States.

"With one simple phone call, the Governor can stop this atrocity," Strayhorn said. "He can order his health and human services chief to back off the new guidelines and allow Texas families to retain their dignity, their independence and their children's health insurance."

On the education front, Strayhorn lambasted the Governor for letting months of inactivity pass while the school system suffers.

"During the last regular session, the Governor told us he could not address the school funding crisis immediately because fellow lawmakers did not have the adequate experience in office," Strayhorn said.

"This year he tells us a special session is coming when there is a consensus on a fix, and still no date has been set.

"I say his learning curve should now be complete, and if not, we need new leadership willing not to delay, not to cajole, not to offer patchwork proposals packaged in lofty titles."

Strayhorn told the association she shares their concern that continued unfunded mandates from the state coupled with Perry's plan to eliminate local control are threatening vital local government services.

"I am a staunch believer in local control," Strayhorn said. "The parts of the Governor's plan to fix school finance that we have seen are really no fix at all. In fact, all they really do is offer relatively paltry payoffs to schools that do better in exchange for taking local control away from local governments.

"I am a fiscal conservative and I can tell you there is a difference between being a fiscal conservative and having a callous disregard for our fellow Texans."

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March 31, 2004
Monday 9:07:11 P.M. CST

Texas Attorney General Praises Arrests of Child Predators
 To read the attorney general's statement, click here.
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March 29, 2004
Monday 8:43:56 P.M. CST

Perry Invests $40 Million in Research Center
Texas Governor Rick Perry today announced a $40 million grant from the Texas Enterprise Fund to help launch the Advanced Materials Research Center (AMRC) in conjunction with semiconductor technology leader Sematech.

"This Texas Enterprise Fund grant will be used to establish and operate the Advanced Materials Research Center, a new advanced research and development effort that is critical for the acceleration of promising new semiconductor and emerging technologies," Perry said. "Keeping Sematech in Texas means keeping Texas on the leading edge of innovation in rapidly advancing fields like nanotechnology, biotechnology, micro-electro-mechanical systems, and other critical future technologies."

The mission of the AMRC will be to accelerate the development of critical technology research that economists believe will generate the industries, careers, and tax revenue of the future. The AMRC will focus on leading-edge materials and capabilities for next-generation semiconductors, as well as cutting-edge research in nanotechnology, biotechnology, and other related advanced high-tech areas. Sematech estimates that this effort is expected to generate more than 4,000 high-tech jobs in Texas over the next 10 years.

"Working with Texas universities, the AMRC will help bring innovations in the lab all the way to the marketplace by helping turn intellectual capital into commercial innovation," Perry said. "With this agreement, companies and entrepreneurs will continue to be drawn to the Lone Star State to reap the benefits of our research capabilities and ultimately will bring more high-paying jobs, more opportunities in related technology fields, and more wealth to our state."

In addition to the $40 million TEF grant, Perry said the state will work to help Sematech secure another $160 million in funding from federal, state and local sources over the next five years.

"As governor, preserving and creating jobs, and building a better economic climate, are among my chief aims," Perry added. "Texans can know that their state remains as committed as ever to being a strong player in the technology revolution because it will mean greater opportunity and prosperity for our entire state."

Perry successfully urged the Texas Legislature in 2003 to appropriate $295 million to the Texas Enterprise Fund to help Texas create new jobs and grow its economy. This is the forth project funded with Enterprise Fund money.

In June, the state committed $50 million to enhance engineering and computer science programs at the University of Texas at Dallas. The investment played a key role in Texas Instruments' decision to build a new $3 billion research and manufacturing plant in Richardson. The state also committed $1.5 million to Maxim for a new semiconductor facility in San Antonio that will likely create 600 new jobs over the next three to four years. In February, Perry announced a $35 million grant for Vought Aircraft to expand and bring 3000 jobs to Texas.

Sematech is a global semiconductor technology development consortium that has effectively represented the semiconductor manufacturing industry on innovation issues since 1988. Sematech conducts state-of-the-art research and is a highly-regarded technology partner whose goal is to refine the tools and technology necessary to produce future generations of chips.

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March 29, 2004
Monday 8:29:17 P.M. CST

The Politics of Ketchup
Ketchup in the race for the White House?  Last week, Heinz issued a statement officially declaring that its company and products are non-partisan.  Heinz disawowed any connection to Teresa Heinz Kerry, the heiress to the $500 million fortune and wife of U.S. Senator John Kerry.

To read the company's statement, click here.
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March 28, 2004
Sunday 8:23:37 P.M. CST

President Bush Praises Richard Clarke

The White House spinmeisters might be scratching their heads after Richard Clarke's appearance on NBC's Meet the Press with Tim Russert earlier today.  

According to a copy of the transcript of the interview obtained by MyCapitol.com, Clarke showed Russert his version of the "get out of jail" card.  For several days, the Bush White House, campaign surrogates, and Republican leaders on Capitol Hill have aggressively attacked Clarke's credibility.  To prove that Clarke was supportive of the President's leadership on terrorism, the White House released a copy of Clarke's resignation letter.

In the letter, Clarke says the following:

"It's been an enormous privilege to serve you these past 24 months. I will always remember the courage, determination, calm leadership you demonstrated on September 11. I thank you again for the opportunity to serve you."

Clarke now says that he wrote those words because he was being polite.  He also noted that the letter also said, "I will always have fond memories of our briefings for you on cybersecurity."   According to Clarke, this part of the letter is important because he is now alleging that he was not allowed to brief the President on terrorism.

To prove that the President trusted his advice and leadership, Clarke produced the original, handwritten letter from President Bush praising his public service after he resigned.

The President wrote, " Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government."

Was the President being sincere or just polite?

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March 28, 2004
Sunday 7:58:45 P.M. CST

Karen Hughes To Promote New Book, Join Bush/Cheney Campaign
Karen Hughes, one of the most trusted advisers of President Bush, will be promoting her new book, Ten Minutes from Normal, beginning tomorrow.  The autobiography chronicles her experiences in the 2000 Presidential Election Campaign.

The New York Times also reported today that Hughes will be joining the Bush/Cheney campaign in August.

To learn more about Karen Hughes, go to http://www.karenhughes.com.

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March 28, 2004
Sunday 7:53:15 P.M. CST

Who Do Your Neighbors Support?
To find out, click here.
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March 28, 2004
Sunday 9:23:15 A.M. CST

Clarke Pops Bush/Cheney Anti-Terror Balloon
To read the story, click here.
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 March 27, 2004
Saturday 12:34:16 P.M. CST

Special Session of Perception
Last week, Texas Governor Rick Perry indicated that he will announce on April Fool's Day whether a special session will be held to replace the infamous Robin Hood school finance plan. Thus far, progress towards a replacement funding scheme has been reported by Republican lawmakers. However, no consensus has been reached, which is what Governor Perry wanted before he decides to tackle such a political sensitive issue.

In a copyrighted story in its Saturday morning edition, the Austin American-Statesman reported that a special session is imminent, even if there is no consensus.

"Yes, we will have a special session," said State Representative Talmadge Heflin (R-Houston), Chair of the House Appropriations Committee.  No date was specified by Heflin or Governor Perry.  Heflin did note, however, that any substantive changes may take years, instead of 30 days, which is the length of a special session.

"We will take stab, but I think it will take us about three years, probably through 2007, to get a long-term solution in place," said Heflin.

While the leadership in the Texas House of Representatives is inclined to take incremental steps to replace the tax system to provide equitable funding to public schools, the leadership in the Texas Senate is planning on recommending radical changes to the tax system. Texas Senator Steve Ogden (R-Bryan), Chair of the Senate Finance Committee, is advocating the "big gulp" approach.  This approach is contrary to Heflin's "sip" approach, which is likely to limit the political fallout from any proposals that are offered.

Replacing Robin Hood will not be an easy task.  The Texas Association of Business and other influential lobby groups have not fully endorsed any proposals that have been publicly discussed.  Without the support of the Texas lobby, any proposal that seeks to increase taxes or shift the burden will be addressed with extreme prejudice.  In addition, the votes to replace the current system may not be available because several Republican lawmakers in the Texas House and Senate have mixed districts, which include property rich and poor school districts.

 Even if there is a special session with no concrete solutions, the Texas Legislature can at the very least claim credit for conveying the perception that they are working hard to provide property tax relief and an equitable public school system.  

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March 5, 2004
Friday 10:00:56 P.M. CST

Perry Denies Rumors About Marriage, Infidelity
It took almost two months, but Texas Governor Rick Perry finally addressed the salacious rumors that quickly mutated into a damaging political virus.  MyCapitol.com had been aware of the rumors for several weeks.  However, as a general policy, MyCapitol.com does not engage in rumormongering.  If a story cannot be substantiated, it will not be published.  However, now that the rumors are part of the mainstream media, the story is newsworthy.

In an exclusive interview with the Austin American-Statesman, Perry said that the rumors about his marriage and alleged infidelity with a man or woman had reached a "critical mass" that they warranted a response.  Interestingly, the rumors developed a bipartisan nature - both Republicans and Democrats spread them. At a minimum, the rumors appeared on an alleged Christian website and the Austin Chronicle, a liberal, alternative newspaper, which found no evidence to substantiate the rumor.  The matter had reached a level of absurdity that bumper stickers became part of the rumor mill campaign.     

Perry called the rumors an orchestrated smear campaign by his political enemies.  The culprit(s) has not been identified.  However, some capitol insiders believe that the original rumormongers may exist within his own party.

Conspicuously absent from the front page photo and the Statesman article was Anita Perry, the First Lady of Texas.  Given the severity of the rumors, it would have been politically prudent to publish a front page photo of the First Family together and to issue a joint statement denouncing the rumors.  Instead, Perry appears by himself.  To be fair, a photo of the First Couple looking in two different directions appears later in the article, just above a photo of protesters holding signs that read, "It's okay to be gay, guv."

Whether the absence of Anita Perry in the article was intentional or a public relations snafu is not known. However, Mrs. Perry did eventually comment on the matter.

In a short statement issued after the Statesman article was published, Mrs. Perry said, "It's very sad that some people believe that spreading false, vicious and hurtful rumors is acceptable behavior. Rick and I are both outraged that people would drag our family into such ugly, politically motivated nonsense."

Perry criticized Charles Soechting, the chair of the Texas Democratic Party, for spreading the baseless rumors.  In a written statement, Soechting vehemently denied Perry's accusations.

"For more than two months now, rumors about Rick Perry's personal life have run rampant in the political community from Washington to Austin. The Democratic Party didn't start them, nor did we coordinate any personal attack on Rick Perry," said Soechting.

"In fact, the rumors have been passed around by lobbyists, Republicans, and Democrats - as the Governor knows full well. This is not the first time in the Governor's long political career that personal rumors have surfaced. The Governor's attack on Democrats and his plea for sympathy is nothing more than a political tactic - designed to obscure the bankrupt policies and corrupt practices that have marked his administration."

Perry's denials of the rumors should end the speculation.  However, in an election year, anything is possible.

Stay tuned for more developments, if any.  
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March 1, 2004
Monday 9:43:45 A.M. CST

Super Tuesday Without the Surprise
March 2 is Texas Independence Day.  However, Texans will not be voting on Super Tuesday to decide who will be the Democratic nominee in the race for the White House.  The Texas Legislature changed the primary date to March 9 to accommodate changes to the new congressional districts.  If the opinion polls are correct, the nomination will be sealed tomorrow night.  

The Bush/Cheney reelection campaign train is finally picking up steam.  This upcoming Thursday the campaign will be launching an aggressive media blitz in key electoral states.  Money is no factor.  The campaign has more than $140 million to spend and the ad campaign is expected to cost a mere $4.4. million.

Instead of attacking the presumptive Democratic nominee, the campaign will be focusing on President Bush's steady leadership in a time of change.  The goal is to shore up the President's image and credibility to assure voters that he should be reelected.  With the economy improving, the President will likely be highlighting the positive effects of his tax cuts.  

Analysts predict that only 18 states will really matter in deciding who will win the White House.  Most of those "battleground states" are in the Midwest. Ohio and Missouri are two bellwether states that will decide who will be the next president.  Expect the President and John Kerry, the presumptive Democratic nominee, to be visiting those two states a lot in the upcoming months.     

For more analysis on Super Tuesday, click here.

Stay tuned for the results.   
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 FEBRUARY 2004
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February 29, 2004
Sunday 8:23:15 P.M. CST

"The Rumor" Exposed
It's been on the internet, the halls of the Texas Capitol, and now in the Austin Chronicle.

To read the story, click here.
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February 21, 2004
Saturday 9:59:45 A.M. CST

Subpoena Storm About to Hit Texas Capitol
The Austin American-Statesman reported this morning that Travis County's Public Integrity Unit is planning to issue 70 to 80 new subpoenas next week as part of its investigation of Texans for a Republican Majority.   The Statesman and the Houston Chronicle are also reporting that Mike Toomey, Governor Perry's Chief of Staff, may also be implicated in the investigation.

Developing...
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February 19, 2004
Thursday 9:00:34 P.M. CST

MyCapitol.com Turns 3

The "net baby" is smiling today :)

Three years ago, MyCapitol.com was born in cyberspace.  Since then, the site has experienced tremendous success.  With thousands of visitors worldwide and a growing subscription list, MyCapitol.com has quickly matured into a credible and reliable website on Texas and U.S. politics.  With "word of mouth" advertising and no private funding, MyCapitol.com has and continues to exceed expectations.

The future is bright for MyCapitol.com.  MyCapitol.com has new "brothers" and "sisters" and additional services are planned, including providing "subscriber only" access to premium intelligence and analysis.  

Thank you for helping make MyCapitol.com a big success!  

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February 19, 2004
Thursday 8:59:12 P.M. CST

Texas House Speaker Target of Criminal Investigation
The criminal investigation into alleged illegal corporate contributions by Texans for a Republican Majority took an interesting twist today.  Travis County District Attorney Ronnie Earle subpoenaed Texas House Speaker Tom Craddick to provide all records, including pledge cards, relating to the 2002 Speaker's race.  House Public Education Chairman Kent Grusendorf (R-Arlington) and former lawmaker and current congressional candidate Arlene Wohlgemuth were also subpoenaed.

The subpoena was issued to Craddick after he refused to make any documents public in response to requests from two public interest groups.  The state's major newspapers, including the Dallas Morning News and the Austin American-Statesman, recently ran front page articles raising questions about alleged corporate contributions Craddick made to Republican candidates who later supported him in the Speaker's race.  The race for Speaker of the House has its own rules and corporate contributions are prohibited.

Speaker Craddick denied any wrongdoing.  After receiving the subpoena, Speaker Craddick issued the following statement:

“The Travis County District Attorney’s office issued a summons today seeking documents from the 2002 Speaker’s race. We intend to fully comply with the summons and cooperate with the DA’s office.

“I am satisfied that I, and all other candidates for Speaker of the House of Representatives for the 78th Legislature, conducted our races appropriately, and I am happy to have helped elect a Republican majority -- as I have tried to do since I was first elected to the House in 1968.”

Craddick has retained the services of high-powered Travis County criminal defense attorney Roy Minton.  The Texas Ethics Commission allows state officials to use their campaign/officeholder accounts to pay for legal services used to defend actions taken in their official capacity.

Interestingly, on November 4, 2003 and after Earle began investigating Texans for a Republican Majority, Speaker Craddick issued an interim charge to the House Redistricting Committee.  The Committee was assigned the task to "consider modifications to the districts of county and district attorneys."

In light of Earle's recent activities, the Texas Legislature may redistrict him out of a job or eliminate the Public Integrity Unit during the next regular session in 2005 or in a special session.

Stay tuned for more details.

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February 19, 2004
Thursday 8:58:43 P.M. CST

Perry Announces Health Grant Awards
Good news for the health community in Texas!

Texas Governor Rick Perry today announced more than $1.3 million in state incubator grants to assist communities in developing and expanding health care services to low-income and uninsured Texans.

The funds, awarded through the Texas Department of Health (TDH), are part of Senate Bill 610, a component of Perry’s health care plan for the state. The legislation established an incubator program in an effort to draw additional federal funds to increase the number of federally qualified health centers (FQHCs) in Texas. Last October, $3.6 million in assistance was announced in the first round of grants.
“This continued investment allows our state to attract additional federal funds for centers that will provide high-quality, cost-effective and comprehensive primary and preventive care,” Perry said. “By increasing the number of federally qualified health centers in Texas, we increase access to health care throughout the state.”

TDH was responsible for reviewing grant applications and determining award amounts. The incubator grants will help a community assess its needs, develop a health care delivery model, assist in the federal grant application process or in acquiring additional equipment to establish a FQHC.

FQHCs are designed to provide health care to people in medically underserved areas, including many without health insurance. Texas has 181 FQHCs in 58 counties providing health care to 483,452 patients. More than 59 percent of those patients were uninsured. Governor Perry announced more than $3.6 million in state incubator grants for FQHCs last October.

“These organizations are to be commended for acting to expand health care availability in their communities and for contributing to our overall efforts to ensure that more Texans have access to the health-enhancing advantages of primary and preventive care,” said Texas Commissioner of Health Eduardo Sanchez.

The state incubator grants awarded include:

$50,000 to Alvin Community Health Endeavor
$38,830 to the Asian American Health Coalition of Greater Houston
$5,000 to Central Counties Center for MHMR in Temple
$3,000 to Community Health Service Agency, Inc. in McKinney
$5,000 to El Buen Samaritano Episcopal Mission in Austin
$192,250 to El Centro Del Barrio in San Antonio
$35,000 to El Paso County Hospital District in El Paso
$55,000 to Fort Worth Northside Community Health Center
$105,000 to Gateway Community Health Center, Inc. in Laredo
$5,000 to Live Oak County Community Development Corporation in George West
$10,000 to Longview Wellness Center
$5,000 to Matagorda Episcopal Health Outreach Program in Bay City
$240,000 to Midland Community Healthcare Services
$154,500 to Mt. Enterprise Community Health Clinics
$ 5,000 to Nueces County Medical Education Foundation
$175,000 to Pasadena Health Center
$15,307 to Presidio County in Marfa
$20,000 to South Plains Rural Health Services, Inc. in Levelland
$239,730 to Spring Branch Community Health Center in Houston
$3,000 to Tapestry Healthcare in McKinney
$5000 to United Friends of Fisher County, Inc. in Roby

Increasing the number of federally qualified health centers in Texas is a key component of the governor’s health care plan.

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February 15, 2004
Sunday 11:15:07 A.M. CST

Capitol Insider:  Bush v. Kerry: Battle of the Bones
To view the most recent article in the Capitol Insider, click here.
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 JANUARY 2004
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January 31, 2004
Saturday 4:09:13 P.M. CST

Message from MyCapitol.com
A technical glitch temporarily disabled MyCapitol.com's free update service.  The problem has now been corrected.

Readers who wish to receive "Lege Alerts" and other announcements from MyCapitol.com can now submit their e-mail addresses.

Thank you for your patience and interest.
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January 24, 2004
Saturday 4:29:27 P.M. CST

Capitol Spin:  Bush Poll Numbers Disappointing
To view the most recent article in the Capitol Spin, click here.
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January 22, 2004
Thursday 8:35:37 P.M. CST

Perry:  University Regents Need to Be Accountable
Texas Governor Rick Perry today directed university regents to begin setting accountability standards to ensure tax dollars colleges and universities receive are being efficiently spent and college students are receiving a quality education. Perry issued the directive in an executive order.

“Our institutions of higher education should be held accountable to taxpayers for the billions of dollars in state funding they receive each year,” Perry said. “It also is essential students and parents know they are getting a quality education for their tuition dollars.”

In his executive order, the governor directed that the boards of regents for each public institution and university system work with the Texas Higher Education Coordinating Board in developing the accountability measures.

That system, the governor said, should “provide Texans with the information necessary to determine the effectiveness and quality of student education at individual institutions, and the basis upon which to evaluate the institutions’ need for additional state resources.”

“Whether in tough economic times or economic boom times, our colleges and universities must clearly define their need for additional state funding,” Perry added. “They must make the case to justify the public’s continued investment of resources.”

Perry noted public schools that educate students in kindergarten through grade 12 have been held to accountability standards for more than 10 years.

“The public has the right to demand complete accountability for its investment in institutions of education,” Perry said in his executive order. “Systems and institutions of higher education must be able to clearly define the need for additional state funding in a manner which will justify the public’s continued investment of resources.”

Perry set a deadline of December 17 for receipt of the accountability system proposals.

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January 22, 2004
Thursday 8:28:10 P.M. CST

Legislative Redistricting Board to Convene
The redistricting saga continues in Texas.  But now the focus will be on judicial redistricting.

The Legislative Redistricting Board is scheduled to convene on January 26, 2004.

The official press release says the following:

"Article Five, Section 7a of the Texas Constitution provides that when the Judicial Districts Board fails to reapportion judicial districts as is constitutionally required, the Legislative Redistricting Board (LRB) shall make a statewide reapportionment of judicial districts. Because this task was not completed, the LRB, which is comprised of the Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts, and the Commissioner of the General Land Office, will meet on January 26, 2004, to fulfill its constitutional duty.

This reapportionment process will address only the 420 district courts of Texas, and not the 14 state appellate courts. In its deliberations, the LRB will consider whether it is necessary to make any changes in the current designation of a county or counties within specific judicial districts or whether the existing allocation of courts among counties is appropriate, recognizing that consideration is already given to this issue during each session of the Texas Legislature through the creation of new courts. The LRB's deliberations will not address issues outside the specific issue of the reapportionment of judicial districts, such as the method of selecting and electing judges in Texas or other issues related to administration of the courts in Texas."

Stay tuned for more lawsuits.
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January 9, 2004
Friday 12:44:14 P.M. CST

Texas A&M Ends Controversial Legacy Admissions Program

After Texas lawmakers criticized legacy admissions and some civil rights groups threatened to file lawsuits, Texas A&M University President Robert Gates announced today the end of the controversial preference program, which awarded points to sons and daughters of alumni.  Lawmakers and civil rights groups had complained that the preference largely benefitted white students whose relatives attended Texas A&M at a time when minorities were excluded from attending the flagship university.

President Gates issued the following statement on legacy admissions:

On December 3, 2003, when I announced the comprehensive plan to recruit and enroll more minorities at Texas A&M University, I stated that all students would be admitted based on individual merit and potential contribution to the University community. Further, I stated at that time and in subsequent meetings with legislators and internal and external groups that all admissions factors—including legacy—were under review to ensure that we have a fair and equitable process. This was due in part to our understanding that there was an inconsistency in the continued use of legacy in a merit-based process.
We believe, as virtually every university in the country does, that students whose family members have attended its university add value to what makes those institutions unique. This is especially true at Texas A&M. At the same time, the solidity of the Aggie family and the strength of the Aggie culture are not the result of four out of 100 points on an admissions evaluation. For the three-fourths of our freshmen who were enrolled in the fall of 2003 under the top ten percent law and automatic academic admission, legacy was irrelevant. Indeed, not one student of the more than 10,000 who were admitted was admitted solely on the basis of legacy. In fact, legacy has been a formal part of A&M’s admissions process only since 1989 and has played far less of a role in admissions than either Aggies or others probably believe.

In an admissions process based on individual merit and potential contribution to the university community, prior affiliation with Texas A&M should not be a criterion. We intend to continue to urge students from Aggie families to apply to A&M and, if accepted, to enroll here. But, after consultation with each of the Texas A&M University System Regents, I have decided that, effective immediately, Texas A&M will no longer award points for legacy in the admissions review process.

I had intended that legacy be addressed in an ongoing review of our admissions procedures. However, public perceptions of the fairness and equity of our process clearly are important and require prompt action to deal with an obvious inconsistency in an admissions strategy based on individual merit.

Indeed, in retrospect, this decision regarding legacy should have been part of my December 3rd announcement and because it was not, Texas A&M has suffered unfortunate negative publicity. I take full responsibility for that.

Today’s announcement brings greater consistency and equity to our admissions decision making process. We will continue our review.
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January 8, 2004
Thursday 9:04:34 A.M. CST

Secretary of State Issues Guidelines for Texas Congressional Races

In light of the recent decision by the three-judge panel in Walter Session, et al. v. Rick Perry, et al., Secretary of State Geoff O'Connor issued the following guidelines to state and county chairs.  The memo is reprinted in its entirety as a courtesy to readers of The Lege.  

To:          State and County Chairs

From:     Geoff Connor

Date:       January 7, 2004

Re:         Congressional Filing Guidance Resulting from the Decision of the Three-Judge Federal panel,
               dated January 6, 2004                 
As a result of the decision of the federal Three-Judge Panel in Session v. Perry, et al, Civil Action No. 2:03-CV-354, my office is providing guidance on the issues concerning filings for congressional offices. Consistent with the January 6, 2004 decision of the Panel and the Panel's November 12, 2003 interim order, I hereby advise you of the following:

A. Candidate Filing Period

A supplemental filing period of January 11 - January 16, 2004 has previously been established for congressional candidates. All prospective candidates that have not yet filed for Congress are required to file for their desired seat under Plan 1374C with the appropriate filing office during the period set forth above. In addition, candidates who filed for Congress under the old lines set forth in Plan 1151C during the regular filing period of December 3, 2003 - January 2, 2004 who wish to run under the new lines must file again under Plan 1374C with the appropriate filing office during the same supplemental period.

B. Candidate Filing Fees

Candidates for Congress that have previously filed under the old lines and paid the associated filing fee are hereby deemed "ineligible" for the congressional seat under the old lines in accordance with Section 141.038 of the Texas Election Code ("Code"). Consistent with this provision of the Code, each such candidate is entitled to a prompt refund of this filing fee. Thereafter, and at the election of each prospective congressional candidate, refunds of filing fees may be applied to any new filing fee under Plan 1374C required to be paid during the supplemental filing period of January 11 - January 16, 2004.

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January 6, 2004
Monday 10:24:16 P.M. CST

Three Judge Panel:  New Congressional Map is Legal

In a 127 page opinion, a three judge panel ruled earlier today that the new congressional map complies with all federal and constitutional law requirements.

Circuit Judge Higginbotham and District Judge Rosenthal, both nominated to the bench by Republican presidents, specifically held that the map does not discriminate against minority voters, the map is not an unfair partisan gerrymander, and mid-decade redistricting is not prohibited.  The new map is expected to be implemented for the March 2004 primary and November General Election.  It is expected to give Republicans a 22-10 political advantage in the Texas congressional delegation.   

District Judge John Ward, an appointee of former President Clinton, concurred in part of the opinion, but also dissented with regards to District 23, a seat currently held by Hispanic Republican Henry Bonilla.  Ward said that the new District 23 is illegal because it "trade offs" the minority votes in that district for those in the new and adjoining District 25.  According to Ward, such a trade off  is permitted under Section 5 (retrogression), but not Section 2 (minority vote dilution) of the Voting Rights Act, which was the only portion of the Act addressed by the three judge panel.  

Various political leaders had mixed reactions to today's ruling.

The Democratic plaintiffs and minority rights organizations have already vowed to directly appeal to the U.S. Supreme Court.  The U.S. Supreme Court is currently considering a case regarding partisan gerrymandering that could have a direct impact on the Texas case.   

A detailed analysis of the lengthy opinion is forthcoming.

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January 6, 2004
Monday 7:57:16 A.M. CST

WWJD?

No one has started selling bracelets with these initials at the Texas Capitol yet, but they represent the question that redistricting aficionados want answered:  "What Will the Judges Do?"

After almost a two week trial, the three judge panel appointed to hear voting rights challenges to the new congressional plan passed by the Texas Legislature has yet to rule on the merits of the claims raised in Walter Session, et al. v. Rick Perry, et al.   At the conclusion of the trial U.S. Fifth Circuit Judge Patrick Higginbotham hinted that an opinion would be issued by January 2nd at the earliest.  When that date passed, capitol insiders began speculating as to the fate of the new plan. On the one hand, some speculate that the delay was deliberate in order to allow the judges to write a thorough and cogent opinion upholding the map.  On the other hand, opponents of the new map see the delay as an indication that the three-judge panel will find that the new plan violates the Voting Rights Act and needs to be modified.

There are at least four possible scenarios that could unfold later this week.  

First, the panel could issue an opinion rejecting all challenges to the new map and order the new map to be implemented for the March 2004 primary and November 2004 General Election.

Second, the panel could find that the certain districts in the new map violate Section 2 of the Voting Rights Act and thus discriminate against minority voters.  If the court strikes down a portion of the map, the panel could defer to the Texas Legislature to make any modifications to correct the violations.  Under this scenario, Texas Governor Rick Perry would have to call another special session to correct the deficiencies.  Lieutenant Governor David Dewhurst has already indicated that he would not agree to another special session on redistricting.

Third, the panel could issue an opinion identifying certain districts that violate the Voting Rights Act and on its own make non-partisan and non-racial modifications to the new map.  The panel could preserve the new map as much as possible and correct the problem districts using the original court drawn plan as a model.  However, a court drawn makeover could produce unintended political consequences because of the ripple effect that could ensue.  Congressional districts must have equal population.  Any change to one district will affect several adjoining districts.

Fourth, the panel could find that the new map contains Voting Rights Act violations and order that the current plan be used for the March and November elections. Late last year, the panel issued an order advising the Secretary of State to prepare for the possibility of administering elections under the current court drawn plan or the new map.  The Secretary of State has already advised counties.  Interestingly, the panel has not issued an order regarding the possibility of administering elections under a new, modified, court drawn plan.  However, that could come when they issue their opinion this week

Whatever the result, an appeal to the U.S. Supreme Court is expected.

For more information, go to TexasRedistricting.com.

Stay tuned.     
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 DECEMBER 2003
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December 17, 2003
Wednesday 11:04:36 P.M. CST

Justice Department Receives Additional Information on New Congressional Map

According to a posting (bottom of page) on its own website, the U.S. Department of Justice received additional information regarding the new congressional plan, which is the subject of a current lawsuit in Austin, Texas.  The information was received on four separate days: December 8, 9, 10, 11.  The current trial began on December 11.

The U.S. Department of Justice is expected to issue a pre-clearance determination by Monday, December 22.  However, since additional information was recently received, the Department may request an additional 60 day extension to determine whether the new congressional plan as a whole violates Section 5 of the Voting Rights Act.

Stay tuned.   

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December 17, 2003
Wednesday 11:03:22 P.M. CST

Perry:  Additional Money Needed for Primary Elections

Texas Governor Rick Perry today announced that he, Lieutenant Governor David Dewhurst and House Speaker Tom Craddick will seek Legislative Budget Board (LBB) approval to provide additional funding for primary elections across the state.

"I appreciate the work of Lt. Gov. Dewhurst and Speaker Craddick, who recognize the need to ensure that primary elections are carried out efficiently, and that all Texans have access to polls," Perry said.

"We encourage the Secretary of State and party officials to continue to look for efficiencies and savings, but this money should ensure that polling places remain open," Dewhurst said.

Perry and legislative leaders intend to ask the LBB to approve up to $1 million. The money would come from savings identified by the governor in June through his line-item vetoes to the state budget. In addition, the LBB will be asked to grant the Secretary of State budget transfer authority to use $1.5 million identified in administrative savings and money set aside for future constitutional elections.

If approved, the $2.5 million would restore full funding at 2002 levels for the primaries plus fund increased pay the legislature authorized for election judges who attend Secretary of State training sessions.

During the regular legislative session, lawmakers reduced funding available for party primaries as a result of budget constraints.

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December 11, 2003
Thursday 9:23:13 A.M. CST

Texas Congressional Redistricting:  Summary of Key Issues

Later this morning, an army of lawyers for the proponents and opponents of mid-decade redistricting will square off in a federal courtroom to address the issues which have been raised in several lawsuits filed since the Texas Legislature approved a new congressional map.  In Walter Session, et al. v. Rick Perry, et al. a three judge federal panel will hear witness testimony and consider statistical evidence to determine if the new congressional map violates the rights of minority voters under the Voting Rights Act.  Specifically, the three-judge panel will determine if Section 2 of the Voting Rights Act has been violated.    

The following is a sample of key issues in this lawsuit:

Mid-Decade Congressional Redistricting

As a preliminary matter, Democratic Plaintiffs will likely argue to the three-judge panel that the new congressional map is unconstitutional and illegal because redistricting should only occur once every ten years.  Since the Texas Legislature failed to pass a congressional map in 2001, it missed its window of opportunity.  The Democratic Plaintiffs will rely on a recent decision from the Colorado Supreme Court which threw out a Republican dominated congressional map because the Colorado constitution only allows congressional redistricting to occur once every decade.   The Court specifically noted that it was relying on the Colorado constitution, not the U.S. Constitution, for its decision.

Proponents of the new map will likely argue that the Colorado decision is irrelevant because the Texas Constitution does not set a limit on how many times the Texas Legislature can redistrict.  They will point to an Attorney General's opinion that gives the Texas Legislature authority to redistrict should it chose to do so.   

Partisan Gerrymandering

Yesterday morning, one of the attorneys for the Democratic Plaintiffs argued before the U.S. Supreme Court that partisan gerrymandering in congressional redistricting is illegal because it violates the U.S. Constitution.  In Veith v. Jubelirer, 123 S.Ct. 2652 (2003), the U.S. Supreme Court will determine if the Pennsylvania congressional map violated the U.S. Constitution by being too partisan.  

The same arguments regarding partisan gerrymandering will likely be raised regarding the new Texas map.  The opponents of the map will point out that the main goal was to eliminate Democrats in order to maximize Republican representation in the congressional representation.

Proponents of the map will maintain that redistricting is an inherent political exercise and that partisan gerrymandering does not violate the U.S. Constitution.  They will point to a 1986 U.S. Supreme Court case which says that partisan gerrymandering is not illegal.  Until the U.S. Supreme Court says otherwise, the 1986 case is still good law.  

Racial Gerrymandering

The Democratic Plaintiffs will likely point out that the new congressional maps which stretch from Austin and Bastrop to the Lower Rio Grande Valley are illegal because race was a dominant factor in drawing those districts.  They will point to Districts 25 and 15, which, according to them, are not geographically compact and bizarre.  They will also likely point out that District 25 is over 75% minority, which is more than necessary for voters to elect the candidate of their choice.

Proponents will likely argue that race can be considered in drawing districts so long as it is not the dominant factor.  They will argue that the high percentage of minorities in District 25 is due to the existing populations in the counties comprising the district.  Furthermore, they will argue that politics, not race, was the driving force in shaping the new districts. Thus, the map is not illegal.

Section 2 of the Voting Rights Act

The crux of the Democratic Plaintiffs' lawsuit is that it violates Section 2 of the Voting Rights Act because the map has a discriminatory effect.  Unlike Section 5, which deals with voter retrogression, Section 2 deals with diluting minority votes. In other words, Section 2 looks at the "results" of the changes.   There are certain preconditions the Plaintiffs must meet in order for the three-judge panel to do a "totality of the circumstances" analysis.

Proponents will argue that the plan does not have a discriminatory effect and that the Plaintiffs cannot point out a Section 2 violation. Furthermore, they may point out that a similar challenge to the court drawn plan failed in 2001.   

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December 1, 2003
Monday 7:10:44 A.M. CST

Colorado Court to Decide Redistricting Case; May Affect Texas Battle

The Colorado Supreme Court is expected to announce today a long-awaited decision on whether mid-decade redistricting is unconstitutional.  

Colorado Democrats challenged a Republican congressional map which increased the number of congressional Republicans.  Republicans contend that the court drawn plan was temporary and thus the Colorado Legislature has the constitutional authority to draw a map.  The state constitution requires redistricting to be done once every decade.

Today's decision by the court may impact the current congressional redistricting battle in Texas.  Texas Democrats argue that redistricting should occur once a decade and thus the recent map passed by the Texas Legislature is illegal. Texas Republicans, on the other hand, maintain that the Texas Constitution requires the Texas Legislature to draw the congressional map.  In addition, the Texas Constitution does not specifically set a time limit on the number of times a legislature may redistrict.  Technically, the Texas Legislature may redistrict every month.

The decision issued by the court is likely to be appealed to the U.S. Supreme Court.

For more information, click here.

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 NOVEMBER 2003
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November 19, 2003
Wednesday 10:51:14 P.M. CST

Ratliff to Leave Texas Senate?

The San Antonio Express-News is reporting that Texas Senator Bill Ratliff plans to announce his resignation from the Texas Senate tomorrow.  Ratliff has scheduled a press conference at 10 a.m. in Mount Pleasant, Texas and at 1:30 p.m. in the Texas Senate Chamber to discuss his future political plans.

If Ratliff does resign, a special election will be held to replace him.

Stay tuned for more updates.

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November 13, 2003
Thursday 7:06:23 A.M. CST

Three Judge Panel:  Prepare for Two Congressional Maps

A three-judge panel hearing the redistricting lawsuit over the recently approved congressional map issued an order yesterday, which has been described as fair by all parties in the lawsuit.

The order allows candidates to file for Congress under the existing court-ordered plan.  However, if the new map currently being challenged becomes a legally enforceable plan, then candidates will have to file under the new districts.

The three-judge court ordered Secretary of State Geoffrey Connor to inform counties to prepare precinct lines for the new congressional plans, but also cautioned that counties should also be prepared to use the current existing lines just in case the new congressional plan is not a legal plan.

The State of Texas is awaiting a decision from the U.S. Department of Justice on whether the map will be pre-cleared under Section 5 of the Voting Rights Act.

A trial on the current consolidated lawsuits will be held on December 11, 2003 in Austin, Texas.

For more information, go to TexasRedistricting.com.

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 OCTOBER 2003
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October 31, 2003
Friday 5:56:13 A.M. CST

Redistricting Trial May Delay New Congressional Map

Mark your calendars.  

U.S. District Judge John Ward, one of the three judges appointed to hear challenges to the new redistricting plan in Marshall, Texas, has informed the lawyers in the case to be prepared to go to trial as early as December 8 in Austin, Texas.   A status conference on the case is scheduled for this upcoming Monday, November 3.

The date of the trial is significant and could impact the plans of congressional wannabes.

First, the date is almost a week after pre-filing is set to begin for the congressional primaries in March 2004.  Thus, a legally enforceable map must already be in place before pre-filing begins.  If the U.S. Justice Department does not grant Section 5 pre-clearance before pre-filing begins, there is no legally enforceable map. Pending legal challenges under Section 2 of the Voting Rights Act will also delay a final map. Democrats who have filed suit have asked the court to delay the implementation of the new map until after the March 2004 primaries since a legally, enforceable court-drawn plan is already in effect.

Second, the trial is scheduled to begin two days before the U.S. Supreme Court hears a key redistricting case on partisan gerrymandering.  Oral arguments in Veith v. Jubelirer, 123 S.Ct. 2652 (2003) are scheduled for December 10.  The Court's decision is expected in early Spring and could impact the final map the three-judge panel appointed in the current case may draw if they deem the new congressional map to be illegal. One of the attorneys who filed a motion in Tyler, Texas is expected to make the arguments to the U.S. Supreme Court.

Third, the length of the trial and the Christmas and New Year's holiday could also cause further delay.  If the first congressional trial held on October 22, 2001 is a good indicator, it could take the three-judge panel almost 23 days to have a trial and issue an order in the case.  In that case, the three-judge panel issued its decision on November 14, 2001, more than two weeks before pre-filing began for the congressional primaries.  Thus, a court-drawn plan was already in place before any pre-filing activity. Because the current map was court-drawn, Section 5 pre-clearance was not necessary.   

If  the trial on the current lawsuits begins on December 8 and it takes as long as the first trial, the court may not issue its opinion and order until after January 1, 2004.  Pre-filing is scheduled to conclude in mid-January, unless there is a court order extending the pre-filing deadline.  

For further information, go to TexasRedistricting.com.

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October 15, 2003
Wednesday 7:08:46 A.M. CST

Democrats Choose East Texas to Challenge Redistricting Map

As expected, Texas Democrats have fired their first legal salvo in Tyler, Texas to prevent the implementation of the recently enacted congressional map (Plan 1374C).

On Sunday evening, lawyers for some of the original Plaintiffs in the consolidated lawsuit, Simon Balderas, et al. v. State of Texas, et al, filed a motion with the same court that drew that the current, legal plan. Unlike a lawsuit which lists new claims and seeks affirmative relief, a motion is a request to a court to act on a particular matter.  

In their 42 page filing, "Motion to Prohibit Modification or Termination of Injunction," the Democratic lawyers ask the court to prohibit the use of the new congressional plan until the Defendants get an order from the court lifting its 2001 injunction requiring the use of the current, legal map in congressional elections.  They also ask the court  to establish an "orderly process" for making such a modification to the injunction. To support their motion, the lawyers make the following four points:

First, an injunction requiring the use of the current map already exists and Defendants must comply with the Federal Rules of Civil Procedure to lift or modify the injunction and implement the new plan;

Second, if a motion to modify or lift the injunction is filed, the court must determine the legality of the new map and also consider the benefit to the public interest in disrupting planned elections;

Third, the new map violates federal law; and

Fourth, there is little time for the court to consider the complex questions raised in the motion before the beginning of the 2004 election cycle.

The Democratic lawyers are asking the court to leave the current, legal map in place for the 2004 election cycle. Such a request would of course contradict the intent of Texas Republicans which is to use the recently enacted map in the March 2004 congressional primaries.  The Democratic lawyers point out that the new plan has not been pre-cleared by the U.S. Justice Department and may not be "ripe" for pre-clearance consideration until mid-January, long after pre-filing for the primaries begin.  The map signed into law by Texas Governor Rick Perry goes into effect in 90 days.  To support their position, they point out a 1991 Texas redistricting case in which the court noted that the pre-clearance process may not begin until the 91st day.  The U.S. Department of Justice may provide some clarification on this matter.

It is interesting to note that one of the lawyers who filed the motion will be arguing before the U.S. Supreme Court on December 10, 2003 in a case involving Pennsylvania's 2002 congressional redistricting plan.  In Veith v. Jubelirer, 123 S.Ct. 2652 (2003), the court will determine whether the Pennsylvania plan was an unconstitutional partisan gerrymander.  The ruling by the U.S. Supreme Court will have a direct impact on the new Texas map since the goal was to replace Democrats with more Republicans.  A decision by the court is expected early next year.   

For further information, go to TexasRedistricting.com.

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October 14, 2003
Tuesday 7:27:12 A.M. CST

Redistricting Battle Shifts to DOJ, Courts

The first phase in the redistricting battle is finished.

Yesterday, Texas Governor Rick Perry signed into law the redistricting bill that is expected to give Texas Republicans up to 22 seats in the 32 member congressional delegation.  The bill is effective in 90 days, if it receives Section 5 pre-clearance by the U.S. Justice Department or the U.S. District Court for the District of Columbia.  Pre-clearance of the map is required because of Texas' history of discrimination against minority voters.  

Texas may obtain pre-clearance in two ways.  The State may chose the administrative route and submit all the required documentation to the U.S. Department of Justice.  Career employees, and not political appointees, will then review the documentation to determine if the map has a retrogressive intent or effect on minority voters.  The Department has 60 days in which to interpose an objection to a request for Section 5 pre-clearance.  However, the 60 day deadline may be extended for an additional 60 days, if the Department requests additional information before the expiration of the first 60 day period.  Thus, pre-clearance from the Department may take up to 120 days.  Because the current map was court drawn and did not require Section 5 pre-clearance, the Department may take longer than 60 days to perform its analysis.  Georgia v. Ashcroft, a recent U.S. Supreme Court decision which clarified retrogressive standards, may also result in a longer evaluation period. The Texas congressional map will be the first test case in which the Department applies the principles enunciated in the Court's opinion. The map must be pre-cleared before filing begins for the March primaries.  If the map is not pre-cleared, private parties can seek an injunction in federal court to prevent its use.

In the alternative, the State may sue the U.S. Department of Justice and seek a declaratory judgment in the U.S. District Court for the District of Columbia. In this case, a three-judge panel will determine whether the map complies with Section 5 of the Voting Rights Act.  This option is costly and may not be used.      

Even if a map is pre-cleared under Section 5, private and interested parties may still sue under Section 2 of the Voting Rights Act, which is applicable nationwide and not only to covered jurisdictions such as Texas.  The legal analysis under Section 2 is different than Section 5.  Under Section 2, a federal court will look at the "results" of the map and whether it limits the electoral franchise of minority voters.  Maps that have been pre-cleared under Section 5 can still be struck down under Section 2. The recent decision in Georgia v. Ashcroft will also play a key role in the Court's Section 2 analysis.

The pre-clearance process is suppose to be apolitical.  However, redistricting by its very nature is extremely political. Even though some opponents of redistricting believe that administrative pre-clearance of the congressional map is assured because of the influence of outside interests, this is not necessarily true.  During the 2001 redistricting cycle, the Department denied pre-clearance to the map of the Texas House of Representatives because it violated the rights of minority voters in South Texas.    The map was denied pre-clearance even after lawmakers and legal scholars publicly proclaimed that it would be pre-cleared.

For more information on the pre-clearance process, go to the Legal Section in TexasRedistricting.com.

Stay tuned.

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October 8, 2003
Wednesday 8:58:45 P.M. CST

It's Coming:  "Agreement in Principle" May Lead to Final Map

Earlier today, House and Senate leaders agreed in principle on the contours of the final congressional map that is likely to be unveiled tomorrow, October 9.

"It is my hope that we can have a final map that we can show you tomorrow morning," Lieutenant Governor David Dewhurst told the Fort Worth Star Telegram.

Some final details still need to be worked out, but the map should create 6 or 7 opportunity districts for Texas Republicans.

The final map will be available for viewing at TexasRedistricting.com.

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October 7, 2003
Tuesday 12:00:03 A.M. CST

Redistricting Deal Remains Elusive

As the October 14th deadline for the Third Called Special Session approaches, House and Senate conferees are still at odds on how to draw a congressional map that reflects the voting trends of the state.  U.S. House Majority Leader Tom Delay (R-Sugarland) was in Austin today to mediate the dispute between the competing camps, but no final decision has been reached.

"There is still no deal," Senator Todd Staples (R-Palestine) told the Houston Chronicle.  Staples and Senator Robert Duncan (R-Lubbock) are the lead negotiators for the Texas Senate.

The dispute still lies in West Texas, an area that once dominated Texas politics.  Texas House Speaker Tom Craddick (R-Midland) wants a district based in Midland to represent the oil and gas interests in Congress. While concessions have been made, a Midland district agreeable to all parties remains elusive.

The dispute over West Texas has irritated at least one member of the Texas Senate.

"There is frustration out there with our constituents that we're bogged down with redistricting," Senator Kim Brimer (R-Fort Worth) told the Fort Worth Star-Telegram.  "I'm frustrated, too. I wish these guys from West Texas would quit thinking they run the whole state. It's time to do what's best for Texas."

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October 6, 2003
Monday 7:44:56 A.M. CST

Deadline Passes, No Map

The "drop dead date" set by Texas Governor Rick Perry to approve a redistricting map in time for the March 2 primaries has passed.  GOP House and Senate negotiators failed to agree on a final map that would increase the number of Republican congressional seats.  Though progress was reported earlier, West Texas continues to be a point of contention.

A new date for the congressional primaries has yet to be determined, but it must be pre-cleared by the U.S. Justice Department to assure that minority voting rights are not impacted.

Stay tuned.

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October 3, 2003
Friday 5:41:20 A.M. CST

Midland or Bust!

Negotiations on a congressional redistricting map continue between the Texas Senate and Texas House.  However, how to draw West Texas continues to be a sticking point.

Texas House Speaker Tom Craddick (R-Midland) continues to demand that a new congressional district be based in Midland, Texas.  Earlier this week, Texas Senators Robert Duncan (R-Lubbock) and Todd Staples (R-Palestine) offered a compromise map on West Texas that was acceptable to their Senate colleagues.  The proposal, however, was not acceptable to the House Speaker because it did not give Midland an open seat.  Instead, Midland was placed in a district with U.S. Representative Charles Stenholm, a Blue Dog Democrat admired by West Texas Republicans.

The tensions over redistricting became visible yesterday when Lieutenant Governor David Dewhurst accused House Speaker Tom Craddick of negotiating like an "Iranian cabdriver" because of last minute demands.  In addition to Midland, Craddick wants to draw a district in North Texas that State Representative Kenny Marchant (R-Carollton) can win.

"At this late hour, I think we need to come together on a map ... and stop playing the Iranian cabdriver negotiations, where you get what you want and then you start adding two or three other requests," Dewhurst said.

Despite the dueling public appearances, there is speculation that a final map may be produced by this weekend. The Texas House of Representatives is set to convene at 2 p.m. on Sunday in case there is an agreement.

If no map is produced before the beginning of next week, the March 2 primary date may have to be moved back in order to allow the new congressional map to be pre-cleared by the U.S. Justice Department.

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 SEPTEMBER 2003
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September 26, 2003
Friday 8:57:24 A.M. CST

The Real Map, Please!

To capitol insiders, the conference committee is the heart of the sausage-making process in the Texas Legislature.  It is the place to reconcile differences between the House and Senate versions of a particular bill using the art of compromise. For some lobbyists, however, it is the place where special interest ingredients are added to get just the right flavor. For others, it is a legislative black hole where good ideas vanish into oblivion. In short, the conference committee is where Texas law is really made.

At this time, there is no congressional redistricting bill.

8 Republicans and 2 Democrats have been charged with the task of producing a compromise on a map that does not violate the Voting Rights Act and accomplishes the goal of more Republican representation in Congress. Representatives Phil King (R-Weatherford), Joe Crabb (R-Atascosita), Kent Grusendorf (R-Arlington), Peggy Hamric (R-Houston), and Ron Wilson (D-Houston) were appointed by Texas House Speaker Tom Craddick.  Lieutenant Governor  David Dewhurst appointed Senators Todd Staples (R-Palestine), Robert Duncan (R-Lubbock), Juan "Chuy" Hinojosa (D-McAllen), Jane Nelson (R-Lewisville), and Jon Lindsay (R-Houston).  The committee members will meet soon, but their deliberations are not subject to public scrutiny.

Drawing the final congressional redistricting map will not be easy.  Speaker Tom Craddick and Senator Robert Duncan have not resolved their differences regarding how to draw West Texas.  Craddick wants an open congressional seat with Midland as its base.  Duncan wants to keep Midland in the same district as Lubbock.  Furthermore, a last minute amendment to the Senate map splitting Webb County and Laredo, Texas could be the Achilles Heel of the entire map.  It may dilute minority voting strength and split communities of interest.

If a compromise is reached, the committee will produce a conference committee report that must be approved by a majority of the committee members. The Texas House of Representatives and the Texas Senate must also give its blessings.  If there is no compromise, a fourth called special session may be in order to produce a map in time for next year's primary elections.

For further information, go to TexasRedistricting.com.

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September 21, 2003
Sunday 10:21:14 P.M. CST

West Texas: A Difference of Opinion

As the Third Called Special Session enters its second week, the fate of congressional redistricting lies on what happens to the districts in West Texas.  House Speaker Tom Craddick (R-Midland) and Texas Senator Robert Duncan (R-Lubbock) have publicly voiced their differences on how West Texas districts should be reconfigured.  The differences have raised such a concern that U.S. Majority Leader Tom Delay (R-Sugarland) has attempted to broker a deal, but to no avail.   

Currently, Midland and Lubbock are in the same congressional district. Craddick wants a new congressional seat that someone from Midland can win and represent.  The map recently passed by the Texas House of Representatives, which is dead on arrival in the Texas Senate, creates an open seat based in Midland.  In order to achieve the open seat, the recently elected congressman from Lubbock, U.S. Representative Randy Neugebauer (R-Lubbock), was paired with Democrat Charles Stenholm (D-Stamford), a ranking member of the House Agriculture Committee.  Stenholm, a Blue Dog Democrat, is popular among West Texas Republicans.   

Duncan, chairman of the Senate Jurisprudence Committee, opposes Craddick's proposal.  The map passed by his committee last week keeps Midland and Lubbock  in one district.   When the map was passed, Duncan made his position crystal clear.

"He's got to decide whether he wants to have redistricting. Are we going to have redistricting (or) are we going to have Midland?" asked Duncan. "Is this about Texas or is this about Midland?"

Unless the differences can be reconciled in a conference committee, another special session may have to be called.

"From what I hear, one of them is going to have to lose that battle and there is precious little middle ground," Senator Bill Ratliff (R-Mt. Pleasant) told the Associated Press. "That would be the greatest tragedy of all, if we've all gone through this and we get to a conference committee and the Republicans can't even agree on a map."

For further information, go to TexasRedistricting.com.

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September 21, 2003
Sunday 9:56:45 P.M. CST

"Fair and Balanced" Redistricting Map:  Will Fox News Sue the Texas Senate?

Last week, the Texas Senate Jurisprudence Committee passed a congressional redistricting map that was described by its author, Senator Todd Staples (R-Palestine), as "fair and balanced".  

Recently, the Fox News Network, which trademarked the phrase "fair and balanced" in 1998, took legal action to prevent the dilution of its famous mark.  It is not clear what action the Fox News Network plans to take, if any, to prevent the Texas Senate from using the phrase to describe any new congressional redistricting map.

Stay tuned.  

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September 18, 2003
Thursday 1:58:10 P.M. CST

Texas 11 Get Probation

On a 13-10 vote, the Texas Senate agreed to lift the $57,000 fines levied against the Texas 11 who fled to Albuquerque, New Mexico.  Parking, supply, and other office privileges were also restored under the proposal by Texas Senator Kyle Janek (R-Houston).

However, all eleven Democratic Senators were placed on probation until January 2005.  If they bust another quorum or are absent for more than 72 hours without an excuse, the sanctions would be reimposed.

Prior to today's vote, the Texas 11 had contended that the fines were unenforceable because they were assessed without a quorum.

"The matter is behind us," Lieutenant Governor David Dewhurst said after today's vote.

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September 13, 2003
Saturday 3:40:33 P.M. CST

Constitutional Amendments Results

To view the results of the 22 proposed constitutional amendments, click here.

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September 13, 2003
Saturday 3:39:28 P.M. CST

Texas Eleven Minus One Lose Court Battle

A three-judge court has dismissed all of the claims filed by the Texas Eleven Minus One.  The Texas Senate Democrats had hoped to stall the congressional redistricting process.  A Third Called Special Session is scheduled to begin on Monday, September 15 at 12 noon.

To view the memorandum and order, click here.

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September 9, 2003
Tuesday 8:59:13 P.M. CST

Perry Calls Third Special Session on Redistricting

September 15, 2003, 12 Noon, Texas Capitol

On the eve of the return of the Texas Eleven Minus One to the Lone Star State, Texas Governor Rick Perry issued a proclamation earlier today calling the Texas Legislature back to Austin for a Third Called Special Session to begin on September 15, 2003 at 12 noon.  Unlike the Second Called Special Session proclamation which initially included only congressional redistricting, the Third Called Special Session proclamations contains the following eight topics:

To consider legislation relating to congressional redistricting.

To consider legislation relating to state fiscal management, including adjustments to certain school district fiscal matters made necessary by recent changes in state fiscal management; making related appropriations.

To consider legislation relating to the dates of certain elections, the procedures for canvassing the ballots for an election, and the counting of certain ballots voted by mail.

To consider legislation modifying the filing period and related election dates for the primary elections in Texas.

To consider legislation relating to the financing, construction, improvement, maintenance, and operation of toll facilities by the Texas Department of Transportation and the disposition of money generated by the driver responsibility program, fines imposed for certain traffic offenses, and certain fees collected by the Department of Public Safety of the State of Texas; making an appropriation.

To consider legislation relating to the reorganization of, efficiency in, and other reform measures applying to state government.
To consider legislation appropriating fees established by legislation from the 78th Regular Session of the Texas Legislature that remain unappropriated. This matter shall be strictly construed to only include fees that were established during that session of the legislature.

Legislation relating to making an appropriation for the purpose of returning to a fund outside of the state treasury cash that was transferred from the fund to the general revenue fund.

If there is a quorum, the Third Called Special Session will convene after a three-judge court rules on the lawsuit filed by the Texas 11 Minus One (September 11) and after Texans cast their votes on the 22 constitutional amendments (September 13).  Proposition 12, an amendment to limit non-economic damages in all lawsuits, has generated the most controversy.  According to recent financial reports over $13 million has been raised by supporters and opponents of the amendments.

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September 9, 2003
Tuesday 8:29:13 A.M. CST

Texas 11 Minus One Returning to Texas

After spending several weeks in the Land of Enchantment, the ten remaining Texas Senators have decided to return to the Friendly State to attend a court hearing on September 11th in Laredo, Texas.  They don't have plans to return to Albuquerque, New Mexico after the hearing.

To read the story, click here.

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September 7, 2003
Sunday 10:37:43 P.M. CST

Bush Speaks on Campaign Against Terrorism

President George W. Bush briefed the nation earlier tonight on the war on terror.  He said that he will ask the U.S. Congress for an additional $87 billion to help rebuild Iraq.  He also indicated that he will ask the United Nations for monetary and military assistance.  France and Germany, who opposed military intervention in Iraq, have not made a commitment to assist the United States.  

The complete text of his speech is featured in the Capitol Spotlight.

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September 3, 2003
Wednesday 11:20:11 P.M. CST

Court to Decide Redistricting Claims on September 11th

The three-judge court appointed to hear the Voting Rights Act claims of the "Texas 11 minus One" will be holding a hearing in Laredo, Texas  at 1 p.m. on September 11th, the second anniversary of the worst terrorist attack in American history.  The "Texas 11 minus One" had asked a federal court for a temporary restraining order and a preliminary injunction.  All pending motions will be considered.

Last month, a three-judge court was appointed at the request of U.S. District Judge George Kazen.

The following members comprise the three-judge court:

Patrick E. Higginbotham
Circuit Judge
United States Court of Appeals for the Fifth Circuit

George Kazen
District Judge
U.S. Southern District of Texas

Lee H. Rosenthal
District Judge
U.S. Southern District of Texas

The timing of the hearing is significant.  

If all the motions filed by the "Texas 11 minus One" are denied, Texas Governor Rick Perry may call a third special session on redistricting soon thereafter.  Perry has indicated that he will call a special session at the "appropriate time".  The "appropriate time" to call a special session may be on September 14th, the day after Texans vote on 22 constitutional amendments.  Perry has been highly supportive of Proposition 12, a measure intended to give the Texas Legislature the power to limit non-economic damages in lawsuits.  By not calling a session before voters cast their vote on September 13th, the media attention will be focused on all the amendments, including Proposition 12.  A victory for Perry on Proposition 12 will increase his resolve to carry out the will of the majority in Texas on various issues, including congressional redistricting.

On the other hand, if the three-judge court grants a temporary restraining order or a preliminary injunction, congressional redistricting may be significantly delayed.

In order to allay fears that the Republican leadership may set a "political trap," the three-judge court may issue a narrow order allowing members of the "Texas 11 minus One" to attend the hearing without the fear of being arrested by the Senate Sergeant-at-Arms, Carleton Turner, if a third special session is called on or before September 11th.

Developing.....

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September 3, 2003
Wednesday 9:28:46 P.M. CST

Strayhorn Touts New Budget Numbers

Texas Comptroller Carole Keeton Strayhorn said today that state general revenue funds finished the 2003 fiscal year a scant $89.3 million ahead of her estimate, but added she was pleased to announce the state's Rainy Day Fund would be boosted. The state's fiscal year ended August 31st.

"While there were those during the legislative session that were skeptical of our numbers, I am proud that once again, the experts in this agency were right on target," Strayhorn said.

"Last September, when fiscal 2002 revenues exceeded our forecast by a mere $32.9 million, I proudly reported the most accurate revenue estimate in Texas history. Our fiscal 2003 forecast again proved extraordinarily accurate at 100.3 percent of estimate, finishing about $89 million over our projection of $28.3 billion for the fiscal year," Strayhorn said.

Additionally, Strayhorn reported that $352.6 million will be deposited into the state's Economic Stabilization Fund (Rainy Day Fund) by November 29 -- a $217.9 million increase over what was estimated. She said any celebrations should be tempered by the fact that the Legislature will tap the Rainy Day Fund for another $111 million during the 2005 fiscal year.

"I have always said that conservative fiscal policies have served our state well in the past, and are the best bet for the future. Draining the Rainy Day Fund is not good policy. We should be working to build the balance in the Rainy Day Fund to at least $3 billion," Strayhorn said. "Thankfully, deposits into the Rainy Day Fund are ahead of our early estimates."

Comptroller Strayhorn again issued a warning about the state's disappointing sales tax receipts.

"When the sales tax catches a cold, our state gets pneumonia. Business investment is still down, and the result is that sales tax receipts fell 2.1 percent compared to forecast, or $307.6 million, for the fiscal year," Strayhorn said. "This led to an unprecedented two-year decline in the state's most important revenue source. Without the growth we saw in natural gas severance and insurance premium tax receipts, our state's financial picture would be bleak."

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September 3, 2003
Wednesday 9:23:12 P.M. CST

Former Texas Governor Involved in Accident

Former Texas Governor Preston Smith (1969-1973) is in satisfactory condition after being involved in a car accident in Lubbock, Texas.

Preston, 91, is a special assistant to the chancellor at Texas Tech University.

Preston crashed his 1999 Lexus into a light pole after being temporarily blinded by sunlight.

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September 3, 2003
Wednesday 9:18:54 P.M. CST

Moveon.org Blames Bush for Texas Redistricting Mess


Moveon.org, a grassroots organization that raised over $1 million to help the newly named "Texas 11 minus One" fight congressional redistricting, has launched a press campaign blaming President George Bush for the political stalemate in Texas. The group plans to launch ads in states with a high concentration of minority voters to criticize the Republican redistricting effort.

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September 2, 2003
Tuesday 9:23:16 P.M. CST

And Then There Were 10

The Texas 11 is history.

Texas Senator John Whitmire (D-Houston), the Dean of the Texas Senate, left Albuquerque, New Mexico today after conferring with his Democratic colleagues.  Whitmire had been in Houston during the Labor Day weekend and decided to return to Texas after meeting with constituents.

"After being in my district for five days, I have concluded my constituents are opposed to redistricting, but they also believe the fight should be on the Senate floor," Whitmire said.

If Texas Governor Rick Perry calls a third special session at the appropriate time, the Texas Senate would have a quorum with Whitmire present.  Congressional redistricting could then be considered without the absent ten Democrats.

The remaining Texas 10 were not happy with Whitmire's decision.

"There were varying degrees of disappointment is all I can say," Whitmire told the Houston Chronicle.  

"The bottom line is that, redistricting is real important but there are other equally important issues such as allowing the Senate to function as it always has where people respect each others opinions. That is not the current situation. It's my job and my responsibility as dean of the Senate to attempt to restore some civility to the Senate and that's why I think we need closure to this matter," said Whitmire.
The Texas 10 have vowed to keep all their options open. A three-judge court is scheduled to hear the Voting Rights Act claims of the former Texas 11 in the near future.

Stay tuned for further developments.

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September 2, 2003
Tuesday 9:20:33 P.M. CST

Abbott Awards Crime Assistance Grants

Texas Attorney General Greg Abbott today announced $28 million in assistance grants to 278 public and non-profit organizations in Texas to help individuals and families who have been the victims of violent crime.

"There is nothing we can do to completely erase the pain that violent crime inflicts," said Attorney General Abbott, "but these funds and the victims service organizations who receive them will help create a bridge to full recovery and healing in communities throughout Texas."

The grants were made through the Attorney General's Crime Victims Services (CVS) Division following a formal application and review process and will be utilized for services such as grief counseling, shelters for battered women and advocate for victims of child or elder abuse. The funding was approved by the 2003 Legislature and is provided through the state Crime Victims Compensation Fund, which is managed by the Office of the Attorney General.

Attorney General Abbott personally asked the Legislature to maintain the victims grant program, noting that the fund puts millions of dollars into local community programs, where it makes a direct difference in the lives of Texas victims and their families.

During today's announcement, Attorney General Greg Abbott was joined by members of three of the organizations that received grants, representing the diversity of grant recipients throughout Texas. Among them were Susan and Don Cox, who founded "For the Love of Christi" after their daughter was killed by a drunk driver in 1987. Also attending were representatives of The Political Asylum Project of Austin, which helps immigrant survivors of domestic violence, and SafePlace Austin, a shelter providing services for victims of domestic violence.

"The organizations standing with me today represent the kind of grassroots support that can help victims of crime wherever their needs may be. Their stories should inspire and motivate all Texans to help make a difference the lives of their neighbors. We owe them a debt of gratitude."

For additional information on resources available in their area, victims and their families can contact the Attorney General's Crime Victims Services Division at 1-800-983-9933 or online at www.oag.state.tx.us.

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September 2, 2003
Tuesday 9:18:46 P.M. CST

Adams Appointed to Texas Workforce Investment Council

Texas Governor Rick Perry today announced the appointment of Edward B. Adams of Austin to the Texas Workforce Investment Council, formerly known as the Texas Council on Workforce and Economic Competitiveness, for a term to expire Feb. 1, 2009.

The council promotes the development of an educated and skilled workforce and advocates for an integrated workforce development system to address the needs of businesses and workers in Texas.

Adams is the owner of E.B. Adams & Associates, a community relations and public affairs consulting firm. Before opening his own business, Adams spent 20 years as a manger with IBM Corp. He is chair of the North Austin Medical Center and treasurer for Citizens for Central Texas Health. He received his bachelor’s degree from New York University and his master’s degree from Stanford University.

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 AUGUST 2003
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August 28, 2003
Thursday 8:09:26 P.M. CST

GOP Questions Football Loyalty

Four days ago, MyCapitol.com posed the question, "Who Will the Texas 11 Support?".  Today, the Texas Republican Party issued a press release questioning the football loyalty of the exiled Senate Democrats.

The release is printed in its entirety as a courtesy to readers of The Lege:  

Conflicting loyalty: Will Democrats root for Texas or New Mexico on Sunday?

Texas Democrats holed up in a New Mexico hotel find themselves in another conundrum this weekend as the University of Texas Longhorns square off with the New Mexico State Aggies on Sunday at Royal-Texas Memorial Stadium in Austin.

Will the Democrats be rooting for their old home team or their new home team?

“The Democrats have spent so much time shirking their responsibility in New Mexico that it will be interesting to see which team they consider their home team,” said Texas GOP Chairman Susan Weddington.

Texas leads the series 3-0 and is currently favored to win by 29 points.

“The odds on New Mexico winning this game are about the same as Democrats winning the redistricting battle,” said Weddington. “But unlike the Democrats, I'm sure the New Mexico players will responsibly show up for the game, do their jobs and give their best effort.”

“Regardless of the outcome, fans of both teams can rest assured that there will be far fewer delay of game and unsportsmanlike conduct penalties on Sunday than the Democrats have incurred over the past few months,” said Weddington. “Plus, I doubt that one of the teams will get mad and walk off the field.”

Weddington also challenged the Albuquerque 11 to accept a friendly wager. If Texas wins, the Democrats must come home and get back to work. If New Mexico wins, the Democrats can vacate their offices and stay in Albuquerque.

Weddington had planned to offer Sen. John Whitmire a free ticket to Sunday's game, but canceled those plans when she learned that Sen. Leticia Van de Putte would not let him attend.

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August 28, 2003
Thursday 8:03:37 P.M. CST

Is There a Republican Mole?

The Texas 11 have always been one step ahead of the redistricting game.

To find out why, click here.

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August 28, 2003
Thursday 7:56:12 P.M. CST

Grant to Help Fort Hood Spouses

Texas Governor Rick Perry today said a $6.8 million emergency grant from the U.S. Department of Labor will help hundreds of military spouses and civilian workers at Fort Hood find new jobs.

“We want to assure the men and women who serve our nation that we will work to protect their families at home,” Perry said. “This emergency funding will help military spouses obtain the skills and training necessary to land the jobs that are in demand.”

The grant to the Central Texas Workforce will help provide outreach, assessment and training services for 663 military spouses and 200 civilian Department of Defense personnel who qualify as dislocated workers. The grant also will cover support services, including child care and transportation. It will emphasize training in occupations in high demand, such as computer technicians, accountants, electricians and health care professionals.

The grant was awarded from U.S. Secretary of Labor Elaine L. Chao’s discretionary fund and includes an initial amount of $1 million that will be sent to the workforce center immediately.

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August 28, 2003
Thursday 7:49:10 P.M. CST

Health Services Focus of New Federal Grant

Texas Governor Rick Perry today announced that Texas has been awarded almost $3.9 million in federal grants to expand health care services to low-income and uninsured Texans.

“These new federally qualified heath centers will bring better health care to rural Texas while relieving the burden on our urban emergency centers,” Perry said. “And we expect even more good news in the future. During the legislative session we worked hard to ensure that Texas is well positioned to attract even more federal funding for these centers.”

Increasing the number of federally qualified health centers in Texas is a key component of the governor’s health care plan. The state budget for the next biennium, which takes effect Sept. 1, includes new funding to help tap into anticipated increases in federal funding for the centers.

“This is exciting news for the people in these communities and a tremendous boost to improving their access to primary and preventive health care,” said Texas Commissioner of Health Eduardo Sanchez.

The awards from the U.S. Department of Health and Human Services include $3 million to establish six new federally qualified health centers that will provide comprehensive primary health care services for low-income people, including many without health insurance. The new centers are expected to provide heath care services to more than 42,000 Texans each year.

The federal grants for new Texas health centers include:

$565,750 to HEALTH, Inc., for a clinic in Beeville.
$555,884 to Community Action Corporation of South Texas for a clinic in Alice.
$554,125 to Lone Star Community Health Center for a clinic in Conroe.
$554,125 to El Centro de Corazon for a clinic in Houston.
$541,667 to Community Health Center of Lubbock for a clinic in Lubbock.
$300,000 to Cactus Health Services, Inc., for a clinic in Sanderson.

Four Texas health care centers were awarded grants to add or expand oral health services. Centro San Vicente in El Paso and Nuestra Clinica del Valle in Pharr each will receive $200,000 to begin providing oral health services. Barrio Comprehensive Family Health Care in San Antonio and Community Health Development, Inc., in Uvalde each will receive $100,000 to expand dental services.

Five Texas health care centers were awarded health disparities collaborative grants to improve outreach efforts and promote preventive care. The five Texas sites, which each will receive $40,000 grants, are Su Clinica Familiar in Harlingen, Community Health Center of Lubbock, South Plains Provider Organization in Plainview, El Centro del Barrio in San Antonio and Community Health Development in San Antonio.

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August 28, 2003
Thursday 7:45:48 P.M. CST

Olvera Appointed to Texas Lottery Commission

Texas Governor Rick Perry today announced the appointment of Rolando Olvera, Jr., of Brownsville to the Texas Lottery Commission for a term to expire Feb. 1, 2007. The commission oversees the Texas Lottery and ensures that lottery and bingo games are conducted in a legal and fair manner.

Olvera is a former state district judge and currently is a sole practitioner in a Brownsville law firm. He is member of the State Bar of Texas, the Hidalgo County Bar Association and the Cameron County Bar Association, and he is a fellow with the Texas Bar Foundation. His volunteer activities include serving as the director and vice president of the Children’s Museum of Brownsville, a director of the United Way “Success by Six” program, and a director of the St. Joseph Academy Alumni Golf Tournament.

Olvera earned his bachelor’s degree from Harvard University and his law degree from the University of Texas School of Law.

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August 28, 2003
Thursday 7:40:16 P.M. CST

Fletcher Appointed District Judge

Texas Governor Rick Perry today announced the appointment of Pamela Foster Fletcher of Palestine to serve as judge of the 349th Judicial District Court, which covers Anderson and Houston counties.

Fletcher was appointed to a term that will run until the 2004 general election, when she can opt to run for a full term.

Fletcher is a partner in the law firm of Fletcher & Fletcher. She also has served as an assistant district attorney in both Anderson and Houston counties. Fletcher is a member of the State Bar of Texas and the Arkansas Bar Association. She is a past president of the Museum for East Texas Culture and a volunteer with the Palestine Junior Service League. Fletcher earned a bachelor’s degree from the University of Texas and a law degree from the University of Arkansas School of Law.

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August 28, 2003
Thursday 7:36:15 P.M. CST

Spurs Owner Appointed to Wildlife Commission

Texas Governor Rick Perry announced the appointment of Peter M. Holt of Blanco to the Texas Parks and Wildlife Commission for a term to expire Feb. 1, 2005. The commission oversees the Texas Department of Parks and Wildlife.

Holt is the owner and chief executive officer of Holt CAT, the largest Caterpillar distributorship in the nation, and principal owner and chairman of the NBA Champion San Antonio Spurs. He has been active in promoting business and cultural relationships between Mexico and Texas and is a member of the World Presidents’ Organization. He is a trustee of the Palmer Drug Abuse Program in Corpus Christi and serves on the boards of the San Antonio Economic Development Foundation, Free Trade Alliance of San Antonio and the San Antonio Council on Alcohol and Drug Abuse. He also is board chair for Saint Mary’s Hall and serves on the development board of the University of Texas Health Science Center at San Antonio, The Trust Co., the Texas State Aquarium and Trinity University. He remains active in the San Antonio United Way, where he is a former chair.

Holt served in the U.S. Army during the Vietnam War, where he earned a Silver Star, three Bronze Stars with Valor and a Purple Heart. He attended the University of Texas at Austin and the University of Texas at San Antonio.

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August 28, 2003
Thursday 1:02:18 A.M. CST

Three Judge Court Assigned to Hear Texas 11 Lawsuit

Pursuant to the provisions of the Voting Rights Act, Carolyn Dineen King, Chief Judge of the United States Court of Appeals for the Fifth Circuit, issued an order yesterday assigning  the following judges to serve on the three judge court that will resolve the claims in the lawsuit filed in Laredo, Texas:

Patrick E. Higginbotham
Circuit Judge
United States Court of Appeals for the Fifth Circuit

George Kazen
District Judge
U.S. Southern District of Texas

Lee H. Rosenthal
District Judge
U.S. Southern District of Texas

Higginbotham and Rosenthal were nominated for federal judgeships by Republican presidents.  Kazen was nominated by President Jimmy Carter.

Higginbotham, a Republican nominee, was on the three judge court that drew the current congressional map in 2001, which the Republican leadership now wants to invalidate.  The current map gives Democrats a 17-15 majority in the Texas congressional delegation.  

The panel that drew the current congressional map in 2001 also had two judges nominated by Republican presidents and one nominated by a Democrat.

The per curiam opinion issued by the three judge court in 2001 can be found in the Legal Section at Texas Redistricting.com.

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August 28, 2003
Thursday 12:38:39 A.M. CST

Whitmire:  Texas 11 Still Unified

After the Associated Press reported a story (see below) that Texas Senator John Whitmire (D-Houston) was frustrated and may return to Texas, he issued a statement:

"There is no split in our solidarity," he said.

Thus, the waiting game continues in New Mexico.

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August 27, 2003
Wednesday 10:58:36 P.M. CST

Will the Texas 11 Become the Texas 10?

To find out, click here.

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August 27, 2003
Wednesday 10:54:07 P.M. CST

Craddick Critical of Strayhorn's Budget Comments

Texas House Speaker Tom Craddick issued the following statement criticizing Comptroller Carole Keeton Strayhorn's comments on the new fees Texans will begin to pay on September 1, 2003:

"Comptroller Strayhorn's comments Wednesday continue a pattern of misguided messages that seem intended more to stir up trouble than to increase public confidence in state government.

Last year, throughout her campaign for re-election, the comptroller insisted that the revenue shortfall looming before the 78th Legislature was $5.1 billion. Then, the day before the Legislature reconvened, she announced that the shortfall had nearly doubled -- to $9.9 billion.

Now she is criticizing the 78th Legislature for cutting some of the things she criticized the 77th Legislature for adding. It just doesn't compute.

In electing Republicans to run the House, the Senate, the governor's office and all 29 statewide offices, including the comptroller's, voters said loud and clear last year that they did not want their taxes increased.

Given that AND the nearly $10 billion revenue shortfall that she projected at the 11th hour AND the requirement that we balance the budget, one must ask Mrs. Strayhorn: What should we have done? She had suggested video gambling and she had suggested raising certain taxes.

We didn't raise taxes and for the first time in decades, we reduced state government spending. I think that's something to brag about, not criticize," said Craddick.

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August 27, 2003
Wednesday 3:24:11 P.M. CST

Perry Reacts to Strayhorn's Comments About New Budget

Texas Governor Rick Perry issued the following statement in response to comments by Comptroller Carole Keeton Strayhorn (see article below) that Texans will be adversely affected by new laws that go into effect on September 1, 2003:

“The Texas Legislature worked hard to develop a budget that received overwhelming bipartisan support and addressed the critical needs of our state without new taxes. Many of the fees the Comptroller now finds objectionable were from recommendations she made and legislation she supported during the regular session," said Perry.

“Mrs. Strayhorn didn’t raise any of these concerns during the session and did not offer any real alternatives for funding trauma centers, cleaner air, greater public safety and better roads. However, the Legislature did agree that stiffer penalties for drunk drivers, traffic violators and polluters were far superior to Mrs. Strayhorn’s last minute calls for $2 billion in higher taxes and more gambling to fund bigger government.”

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August 27, 2003
Wednesday 3:18:44 P.M. CST

Strayhorn:  New State Laws Will Cost Texans Lots of Money

As the state's chief financial officer, Comptroller Carole Keeton Strayhorn today told Texas taxpayers that new laws that will go into effect next week will impose almost $2.7 billion in new and higher fees, charges and out of pocket expenses for the 2004-05 biennium.

Increases in critical areas impact teachers, health care, children and businesses.

"There will be a series of new fees that must be paid to the Attorney General by child support recipients," Strayhorn said. "Momma's now going to have to pay a locator fee to find a deadbeat dad."

Comptroller Strayhorn said she instructed her staff to analyze the "non-tax" revenue increases after her agency had received numerous inquiries from the public about increases on teachers, health care, children and businesses.

"These are not the only increases that Texans are going to pay. These are only the new increases passed during the recent regular session. This list does not include any additional fee hikes made by agencies under existing authority," Strayhorn said.

Strayhorn said some of the new fees, charges and out of pocket expenses for the biennium include:

Teachers and School Employees--$1.08 billion; including $1000 less per teacher for insurance premiums;
Health Care-- $596 million; including $4.8 million in fees on rural doctors;
Children-- $71.5 million; including $57.9 million in increased costs for CHIP participants; and
Business and Professionals-- $36.4 million; including $3.9 million in new state regulation fees for a wide range of business and industry professionals.

"While these are not new taxes adopted by the Legislature, these dollars are still coming out of hard-working Texans' pockets," Strayhorn said.

For more information about new and higher fees, charges and out of pocket expenses Texans will pay starting September 1, click here.  

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August 27, 2003
Wednesday 3:01:17 P.M. CST

Federal Judge: "Chill Out" on Congressional Redistricting

Comparing Texas to the war torn Middle East, U.S. District Judge George Kazen, a nominee of President Jimmy Carter, asked a three-judge panel from the U.S. Fifth Circuit Court of Appeals to review the Voting Rights Act claims filed by the Texas 11.  In today's hearing, Kazen was critical of the positions the Texas 11 and the Republican leadership have taken in the congressional debate.

"We're almost like the Middle East. We've got these two camps over here, and it's total victory or total surrender," Kazen said.

While Kazen had reservations about the claims raised by the Texas 11, he didn't think they were totally without merit.  He urged all parties to take a chill pill.

"Let's chill out for awhile. Let's stop spending the taxpayers money for awhile," Kazen said.   

A three-judge panel is expected to convene within the next two weeks to consider the arguments by the Texas 11 and Republican leadership.

Texas Governor Rick Perry has indicated that he plans to call a third special session "at the appropriate time."  Kazen urged Perry not to call a special session until the three-judge panel rules on the merits of the lawsuit.

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August 27, 2003
Wednesday 9:45:10 A.M. CST

Texas 11 Remain in New Mexico to Avoid Political Trap

The Associated Press is reporting that five Texas Senators who planned to attend a federal court hearing today in Laredo, Texas canceled their trip early this morning amid rumors that they would be arrested once they set foot in the Lone Star State.  

"Evidence was mounting from all sorts of credible sources in Austin that once the senators got into the courtroom in Laredo, (Gov. Rick) Perry would call another special session and they would be arrested,"  said Harold Cook, a consultant for the Democrats.  "They haven't come this far to be lured into a trap."

Texas Senator Leticia Van de Putte (D-San Antonio), Chairwoman of the Senate Democratic Caucus, also expressed concerns.  "We're not going to put the senators at risk," she said.

U.S. District Judge George Kazen is scheduled to rule on several motions this morning that could affect the course of the congressional redistricting debate.

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August 26, 2003
Tuesday 9:20:25 P.M. CST

Redistricting Scorecard - Democrats: 3, Republicans: 0, Taxpayers:  - $3.4 million

Round 3 of the congressional redistricting interstate fight goes to the Texas Democrats.

After Lieutenant Governor David Dewhurst failed to convince the Texas 11 to return to Texas to address redistricting during the second special session, the Texas Senate adjourned sine die.  Without a quorum, the Texas Senate could not vote on any legislation passed by the Texas House of Representatives.  Thus, no bills were passed that could be signed by Texas Governor Rick Perry.

The congressional redistricting fight is far from over.  Governor Perry has already promised to call a third special session to address congressional redistricting "at the appropriate time".  Perry is convinced that the Texas Legislature has a duty to redistrict and not leave the task to federal judges.  Democrats have also promised to keep "all options open" to spoil the Republican's plan to change the congressional lines, including busting another quorum.  

During the Regular Session of the 78th Texas Legislature,  51 House Democrats traveled to Ardmore, Oklahoma to bust a quorum to defeat congressional redistricting. They were successful.  During the 1st Called Special Session, 11 Democrats and one lone Republican successfully prevented the congressional redistricting bill from even being considered. Now, the Texas 11 have successfully defeated congressional redistricting during the Second Called Special Session.  Even though the Texas 11 were heavily criticized by the Republican leadership for leaving, they achieved their goal of defeating redistricting. A win is still a win no matter how it is spun.

Most Texans have no clue what the redistricting process entails even though redistricting has cost taxpayers $3.4 million to fund two unsuccessful special sessions. However, until there is a major public outcry against redistricting, the process will continue and Democrats will continue to fight what they perceive as a "power grab" by the White House and U.S. Congressman Tom Delay.

For now, both parties await tomorrow's decision by a federal judge in a lawsuit filed by the Texas 11 in Laredo, Texas. Earlier today, the U.S. Department of Justice sent a letter to the newly appointed Secretary of State Geoffrey S. Connor informing him that the traditional two-thirds rule used by the Texas Senate is not subject to Section 5 pre-clearance.  The letter undercuts the argument by the Texas 11 that pre-clearance is necessary.  However, the Texas 11 are determined to make the argument tomorrow in court. If U.S. District George Kazen, a nominee of President Jimmy Carter, issues a preliminary injunction preventing any further efforts to redistrict, the Republican leadership will appeal to the U.S. Court of Appeals for the Fifth Circuit to overturn the order.   

The redistricting drama continues......

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August 26, 2003
Tuesday 9:16:38 P.M. CST

Connor Appointed Secretary of State

Texas Governor Rick Perry today announced the appointment of Geoffrey S. Connor to serve as Texas’ 104th Secretary of State and Luis Saenz as assistant secretary of state.

Connor has served as assistant secretary of state since 2001 and Saenz most recently has served as a senior advisor for community affairs to the governor.

“Geoff Connor has proven himself to be dedicated and capable public servant,” Perry said. “I know he will continue to ensure Texas elections are fair and open, and I'm confident he will continue my administration's strong commitment to the Texas border.”

Connor led numerous international trade missions under two previous secretaries of state.

“With the merger of the Texas Economic Development into the Governor's Office, Geoff's experience in international affairs will be a strong asset,” Perry added. “International business development will be enhanced as my administration continues to focus on creating new jobs in Texas, and the Secretary of State will play a strong role in promoting Texas as a good location for international companies.”

As secretary of state, Connor will serve as the state's chief elections officer. The Office of Secretary of State also is the official repository for official and business records, publishes government rules and regulations, and attests to the governor's signature on official documents. In addition, the Secretary of State serves as liaison for the governor on border and Mexican affairs. As assistant secretary of state, Connor was responsible for managing the office's daily operations, including elections, business filings, border affairs and international protocol.

Connor previously worked as senior counsel in the energy section of Akin, Gump, Strauss, Hauer & Feld. He has also served as general counsel for the former Texas Natural Resource Conservation Commission, now known as the Texas Commission on Environmental Quality. He also worked as assistant commissioner and general counsel for the Texas Department of Agriculture, and deputy general counsel for former Governor Bill Clements.

Connor received a bachelor's degree in international studies from Southwest Texas State University and a law degree from the University of Texas School of Law. He is board certified in administrative law.

Saenz is a native of Carrizo Springs and as the governor's senior advisor for community affairs has been the governor's liaison to local elected officials, community groups and business and trade groups across the state.

“Luis Saenz brings to this post the highest credentials and ethical standards,” Perry said. “His wide-ranging experience will bring a new energy to the office.”

Saenz also served as political director for the governor's successful election bid in November of 2002 and worked on Perry's appointment and press staffs.

Before joining the Perry administration, Saenz was executive assistant to Comptroller Carole Keeton Strayhorn. He also has served on the legislative staffs of Sen. Kay Bailey Hutchison, former Sen. Phil Gramm and Congressman Henry Bonilla, and was a presidential appointee at the U.S. Department of State Department during the administration of President George H.W. Bush. Saenz began his career as a research assistant at the Heritage Foundation in Washington, D.C., in 1990.

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August 26, 2003
Tuesday 9:13:44 P.M. CST

Hudson Appointed to Public Utility Commission

Texas Governor Rick Perry today announced the appointment of Paul Hudson of Austin to the Public Utility Commission (PUC) for a term to expire Sept. 1, 2009. The three-member PUC encourages competition and customer choice in Texas while ensuring electric and telephone operations, services and rates are fair and reasonable.

“Paul Hudson's expertise has played a valuable role in helping make Texas a model for sound energy policy,” Perry said. “I have no doubt that our state will benefit from his knowledge and skills even more as he moves into this new role.”

Hudson currently serves as director of policy in the governor's office, where he manages the policy office and advises the governor on policy issues. He also has served as the policy director for business and regulatory issues, where he focused on energy, telecommunications and economic development issues and served as the office's liaison to the PUC and several other state agencies.

Before joining the governor's staff in 2001, Hudson worked at the PUC as an advisor to a commissioner and a senior economic analyst. At the PUC, Hudson analyzed and helped develop public policy on a range of telecommunications issues, including utility market deregulation and development of competitive markets.

Hudson's experience with the utility industry also includes serving on the National Governor's Association Task Force on Electric Infrastructure and the Western Governor's Association Working Group on Cross Border Energy Issues.

Hudson earned a bachelor's degree from the University of Texas, where he was a National Merit Special Scholar, and he received a master's degree from Arizona State University.

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August 26, 2003
Tuesday 9:09:51 P.M. CST

Duncan Appointed to Texas Building and Procurement Commission

Texas Governor Rick Perry today announced the appointment of James Stewart Duncan of Houston to the Texas Building and Procurement Commission for a term to expire Jan. 31, 2009. The commission is responsible for the acquisition of goods, services and facilities for state government.

Duncan, now retired, was the president of Duncan Interests consulting firm. He also is a former vice president of Lockwood, Andrews & Newman, an architecture and engineering company in Houston. Duncan was appointed to the Texas Veterans Commission in 1998, and later served as the commission's chair. He also served as co-chair of the Texas State Veterans Cemeteries Committee and held numerous leadership positions in the Texas chapter of the Korean War Veterans Association.

Duncan served in the U.S. Army during the Korean War and was awarded the Silver Star, Purple Heart and two Presidential Unit Citations for his service. He is a graduate of the University of Kentucky.

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August 26, 2003
Tuesday 9:05:09 P.M. CST

Four Appointed to Texas Diabetes Council

Texas Governor Rick Perry today announced the appointment of four individuals to the Texas Diabetes Council for terms to expire Feb. 1, 2009. The council assists in the development and implementation of a public awareness strategy focusing on diabetes and its complications.

Randy Byron Baker of Mesquite is a technician with Centex Corporation. He serves on the Municipal Library Advisory Board and as a volunteer with the American Diabetes Association, the Knights of Columbus and Divine Mercy of Our Lord Catholic Church. He attended the University of North Texas in Denton.

Avery Rhodes of Diboll is a manager with Bristol-Myers Squibb pharmaceutical company. She formerly was the director of Angelina Beautiful/Clean and Angelina County Senior Citizens' Activities. Rhodes also has served as a United Way division chair and as a member of the Keep Texas Beautiful Coordinators' Council. She is a graduate of Stephen F. Austin State University in Nacogdoches.

Victor Hugo Gonzalez of McAllen, an eye surgeon and medical director at Valley Retina Institute, is being reappointed to the council. He serves on the national board of the American Diabetes Association and the executive board of the Texas Ophthalmology Association. Gonzalez also is a fellow with the American Academy of Ophthalmology and a member of the Retina Society and the American Medical Association. He received his bachelor's degree from Princeton University and his medical degrees from Harvard Medical School.

Gene Fulton Bell of Lubbock, a diabetes educator and former director of the Texas Tech Diabetes Center, is being reappointed to the council. A certified family nurse practitioner, she serves as an advisory committee member to the Texas Tech University Health Sciences Center School of Nursing. Bell is a member of the American Association of Diabetes Educators and a charter member of the Nurse Practitioner Interest Group of South Plains. She is a graduate of the Methodist Hospital School of Nursing and the University of Texas School of Nursing in San Antonio.

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August 26, 2003
Tuesday 8:58:33 P.M. CST

Sowell Appointed to Texas Racing Commission

Texas Governor Rick Perry today announced the appointment of Charles L. Sowell of Houston to the Texas Racing Commission for a term to expire Feb. 1, 2009. The commission oversees pari-mutuel wagering on horse and greyhound racing.

Sowell is an attorney and vice president of The McNair Group. He is a life fellow with the Houston Bar Foundation and a member of the State Bar of Texas, the American Bar Association and the American Judicature Society. Sowell also is vice chair of the Harris County Sports and Convention Corporation, president of the Houston Athletic Committee and director of the Houston chapter of the National Football Foundation and College Hall of Fame. A former University of Texas football player and president of the Longhorn Hall of Honor, Sowell now serves on the Longhorn Foundation Advisory Council, the Chancellor's Council and the UT Development Board. He is also a member of the Quarter Horse Committee and ex officio director of the Houston Livestock Show and Rodeo.

Sowell earned a bachelor's degree in business administration and a law degree from the University of Texas.

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August 26, 2003
Tuesday 8:52:21 P.M. CST

Three Appointed to Texas Optometry Board

Texas Governor Rick Perry today announced the appointment of three individuals to the Texas Optometry Board for terms to expire January 31, 2009. The board oversees licensing and regulation of optometry in Texas.

Dr. D. Dixon Golden of Center is a therapeutic optometrist and optometric glaucoma specialist in private practice. He is a member of the American Optometric Association, Texas Optometric Association and past president of the Sabine Optometric Society. Golden is also a member of the Center I.S.D. Board of Trustees and a past president of the Center Morning Lions Club. He received his bachelor's and optometry degrees from the University of Houston.

Dr. Randall N. Reichle of Houston is a therapeutic optometrist, optometric glaucoma specialist and partner at the Eye Center of Texas. He is a member of the American Optometric Association and a member and past president of the Texas Optometric Association and the Harris County Optometric Society. He received his bachelor's and optometry degrees from the University of Houston.

Elsa Silva of El Paso is the vice president and secretary of Vistacon, Inc. She is a member of the Ysleta Teachers' Association, the Boys and Girls Club of El Paso and Texas Tech University Health Sciences Center Institute Research Board. Silva is also a member of the Associated General Contractors and the Small Business Administration in El Paso. She received her bachelor's degree from the University of Texas at El Paso.

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August 25, 2003
Monday 10:33:19 P.M. CST

State Court Dismisses Redistricting Claims

Travis County District Judge Darlene Byrne issued an order today dismissing the counterclaim and writ of mandamus Lieutenant Governor David Dewhurst had filed against the Texas 11. Dewhurst sought judicial intervention to compel the Texas 11 to return to Texas.

"After giving due consideration to the matters at issue on jurisdiction and justiciability, and after hearing argument of counsel, the Court determines as follows:  Defendants' Original Answer and Counterclaims for Declaratory Judgment and Writ of Mandamus, filed on August 8, 2003, are DISMISSED for lack of subject matter jurisdiction," Judge Byrne wrote in her order.

In non-legal terms, the order means that the court did not have the authority to decide the issues on the merits.

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 August 24, 2003
Sunday 9:48:49 P.M. CST

Who Will the Texas 11 Support?

Besides the Bible, football is sacrosanct in Texas.  Ironically, the first major college football game is tangentially related to congressional redistricting. The University of Texas at Austin will be hosting New Mexico State University on August 31st at Darrel Royal Memorial Stadium.  If Texas Governor Rick Perry calls a third special session on Wednesday, August 27th, the Texas 11 will likely remain in Albuquerque, New Mexico and forego the first college football game.

Since the New Mexicans have been kind to the Texas 11 in their battle against congressional redistricting, it will be interesting to see if the Texas 11 want to see New Mexico State University defeated.  If they don't take a stand, the spin masters may soon add a football theme to the redistricting debate.  The "stay and fight like true Texans" and "get back to work" themes failed to persuade the Texas 11 to return to Texas.

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August 24, 2003
Sunday 9:17:53 P.M. CST

Internet Group Helps Texas 11 Raise Money

The battle over congressional redistricting may soon come to a television near you.

Moveon.org, an Internet-based grassroots movement, has raised almost $900,000 to help the Texas 11 take their anti-redistricting message to the airwaves.  The Internet group's goal is to raise $1,000,000 for the "Defend Democracy in Texas" campaign.

The campaign began a few days ago and has proven to be very successful.

Stay tuned for the ads.

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August 24, 2003
Sunday 4:37:22 P.M. CST

Third Time Was Not Charm for Texas GOP

To read this article, go to the Capitol Spotlight.

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August 21, 2003
Thursday 10:04:39 P.M. CST

LULAC Criticizes Mr. South Texas

The League of United Latin American Citizens, the oldest and largest Latino civil rights organization in the United States, criticized U.S. Congressman Henry Bonilla (R-San Antonio) for his stance on congressional redistricting.  Bonilla, the only Hispanic Republican in the Texas Congressional Delegation, appeared with Lieutenant Governor David Dewhurst on August 19 to discuss the racial concerns which have been raised by the Texas 11 in Albuquerque, New Mexico.  Bonilla said that the use of the race card by the Texas 11 is a disservice to minorities and that they should return to work. He also noted that "99%, at least 99% of Hispanics in this state and in this country are not affiliated with LULAC or any of the other 'Hispanic' professional groups in this country."

LULAC disagreed with the congressman's observations.

“Congressman Bonilla is out of touch with the needs of his constituents, in fact, a majority of Hispanic voters in his district consistently oppose him at the ballot box.  To say that LULAC does not represent the interest of the Latino community and that we are a professional minority group that is trying to inject our own agenda into Texas politics, is not only an insult to the Latino community, but also an insult to the intelligence of those who are fully aware of how Bonilla has consistently voted against Hispanic interests,” said Hector Flores, LULAC National President.

Next February, Congressman Bonilla will be honored as Mr. South Texas at the annual Washington Birthday's Celebration in Laredo, Texas.  He was selected for his "outstanding commitment" to South Texas.

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August 21, 2003
Thursday 9:41:45 P.M. CST

Health Care Stipend:  The Lege Giveth, TRS Taketh

The Texas Federation of Teachers filed a lawsuit today against the Teachers Retirement System for adopting a rule that would take away a $500 health care insurance stipend from non-administrative professionals, e.g. counselors, librarians, nurses, and educational diagnosticians.  

"TRS has no legislative authority to use a salary cutoff like this to expand the number of employees who will lose the entire healthcare supplement," TFT president John Cole told the Associated Press. "Legislative intent couldn't have been clearer. TRS now has no legitimate basis for granting the $500 to all teachers, regardless of their salary level, while using a salary cutoff to exclude others who should be eligible for the supplement."

The group has asked a Travis County court to declare the rule invalid. TRS has not responded to the petition.

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August 11, 2003
Monday 2:38:13 P.M. CST

Perry and Dewhurst Lose in Texas Supreme Court

The Texas Supreme Court has denied the writ of mandamus filed last week by Texas Governor Rick Perry and Lieutenant Governor David Dewhurst.  The ruling means that the Texas Supreme Court will not compel the Texas 11 to return to the Texas Senate to vote on congressional redistricting.

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August 7, 2003
Thursday 11:16:46 P.M. CST

If You Can't Beat'em, Sue'em!

It was a record-breaking 108 degrees in Austin, Texas today, but temperatures crossed the boiling point in the Texas Senate.

After being very patient with the self-proclaimed Texas Eleven, Lieutenant Governor David Dewhurst announced this afternoon that Texas Attorney General Greg Abbott filed a writ of mandamus, an extraordinary judicial remedy compelling a public official to act.  The writ was filed on behalf of Dewhurst and Texas Governor Rick Perry.   

The writ seeks a judicial order from the Texas Supreme Court compelling the Texas Eleven to return to the Texas Senate to establish a quorum.  Dewhurst and Perry argue that the Texas Eleven violated the Texas Constitution and the Senate Rules and must be ordered to return to perform non-discretionary or ministerial acts, even if they disagree with legislation supported by the majority. Ministerial acts are those clearly defined by law.  In this case, it is the duty to attend a special session which is clearly mandated by Article III of the Texas Constitution and Texas Senate Rule 5.03.  It does not seek any other relief, e.g. sanctions, costs, or attorney's fees.  A similar writ was also filed in a Travis County District Court in case the Texas Supreme Court refuses to exercise jurisdiction.

The writ of mandamus was filed several hours after the Texas Eleven filed a lawsuit against Dewhurst, Carleton Turner, the Senate Sergeant-at-Arms, and Thomas A. Davis, Director of the Texas Department of Public Safety ("Defendants") in a Travis County state court.   Perry was not named in the lawsuit, though he may be named as a Defendant at a later date. The Texas Eleven sued to prevent the Defendants from arresting them to force a quorum and ultimately a vote on congressional redistricting.  This week a state district judge issued a final order prohibiting DPS officers from arresting absent House members.  The Texas Senators want that ruling to apply to them as well. The Texas Eleven also seek a judicial declaration that the current special session is unconstitutional because Perry failed to comply with the "extraordinary occasions" requirement in the Texas Constitution.  The Texas Eleven argue that congressional redistricting is not an "extraordinary occasion" because the current map is legal and was defended by the Texas Attorney General.  

Dewhurst called the state lawsuit "frivolous" and plans to file a countersuit against the absent Texas Senators Friday morning.

The Texas Supreme Court is expected to issue a decision next week on the writ of mandamus. It is possible that the Court may circumvent issuing an order because the issues raised in the writ involve a "political question" that can be best addressed by the legislative branch of government.   

Developing.....

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August 7, 2003
Thursday 10:52:22 P.M. CST

Perry Issues Statement on Writ of Mandamus

Texas Governor Rick Perry issued the following statement after the writ of mandamus was filed earlier today:

“Today, I joined Lt. Governor David Dewhurst in a move designed to resume work on the critical issues facing our state. The people of Texas should know that this decision was a difficult one, but one that's now necessary because of the refusal of 11 senators to fulfill their legislative responsibilities. This action is an attempt to protect our constitution and prevent a handful of legislators from misusing Senate rules to bring government to a halt.

“The most recent walkout by senators to Albuquerque – and the work stoppage by House members who fled to Ardmore in May – illustrates the potential for a constitutional crisis whenever a minority number of legislators refuses to participate in the process on issues where they lack the votes to succeed.

“Unless the legal system stops this kind of constitutional abuse, the democratic process is jeopardized at every turn on every issue. If the Supreme Court does not intervene, nothing will stop a handful of legislators from halting a vote on any difficult issue, such as school finance.

“Two legislative walkouts in the last four months have left no alternative but to ask the court to intervene. I believe it is critical to the future of our democratic process that the Texas Supreme Court offers its ruling on this constitutional crisis. Without a legal resolution, this constitutional abuse will be used in the future to again bring our government to a halt.

“I have no doubt that the people of Texas will see that the state leadership was compelled to take this step, but there is still an opportunity to resolve this issue outside the courtroom. Just as millions of Texans do every day, I again urge the 11 Senate members to show up for work. Return to Texas so that together we can address the pressing issues of our state.”

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August 6, 2003
Wednesday 1:44:53 A.M. CST

To Sue or Not To Sue?

The battle over congressional redistricting may soon move from the court of public opinion to an actual courtroom.

Texas Lieutenant Governor David Dewhurst warned the 11 quorum busting Texas Senators that he may resort to "legal options" to end the congressional redistricting stalemate.   Dewhurst did not say that a lawsuit was imminent or what causes of action would be filed against the Texas Senators to force them to comply with their constitutional duties.

The Texas 11 have already indicated that they may file a motion for a temporary restraining order or a preliminary injunction to prevent Dewhurst from removing the "blocker bill," which has given minority Senators influence over the legislative process. The eleven Texas Democrats are waiting for the right time to file the lawsuit in a state or federal court that may be favorable to their interests.  The Senate Democrats have not indicated what causes of action they would pursue against Dewhurst.

Stay tuned.  

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August 5, 2003
Tuesday 6:49:24 P.M. CST

Legislative History 101: Republicans Busted Quorum Too

Texas Democratic Party officials are criticizing Republican claims that Senate Republicans never busted a quorum and abdicated their constitutional duties.  Texas Democrats are citing an Associated Press article which is reporting that Texas Senate Republicans busted a quorum in 1993 to prevent a vote on a judicial redistricting bill.  The quorum bust lasted one day, but it successfully defeated the redistricting bill.

"It seems to me that Rick Perry, David Dewhurst, Tom Craddick and other Republican leaders have some explaining to do," said Molly Beth Malcolm, Texas Democratic Party Chairwoman. "They need to tell the people of Texas why they are attacking the Democratic Senators for something their own Senators did ten years ago."

In1993, Texas Democrats had a solid majority in the Texas Senate, but Republicans had enough members in the Texas Senate to bust a quorum.  The now controversial "blocker bill" was in place at that time.

Texas Senator Rodney Ellis, who is currently in Albuquerque, New Mexico, told the Associated Press, "They clearly have a double standard."

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August 5, 2003
Tuesday 2:35:14 P.M. CST

Republican Leadership Salvages Medicaid Funding

Texas Governor Rick Perry today announced that $167 million in federal funds can now be used to increase the Medicaid reimbursement rate for health care providers and expand community care services for the elderly and poor.

Use of the funds for fiscal year 2004 was cleared based on a letter from the Attorney General's Office affirming the state's authority to spend the dollars. Perry, along with Lt. Governor David Dewhurst and House Speaker Tom Craddick, announced use of the funds during a news conference at the State Capitol.

"Today doctors, hospitals and patients can breathe a sigh of relief because the State of Texas has received this legal approval," Perry said. "This is good news, and it demonstrates that even as Democrat senators abdicate their responsibilities, those of us who remain in Austin are working to achieve the public good."

Last week, Perry asked the Attorney General to examine the issue because of concerns raised during the budget certification process about the validity of two budget riders. Those concerns had been addressed with clarification language in House Bill 5 during the first called special session. However, that bill was killed when 11 Democrat senators walked out on July 28.

With the legal issues now cleared, Perry said Texas doctors, hospitals and other health care providers will receive more than $100 million in health care funds. Texas Health and Human Services Commissioner Albert Hawkins will begin the process of reprogramming computers so that doctors receive a higher reimbursement rate in a timely manner.

In addition, more than $36 million will be available to maintain community care personal attendant hours at current levels.

"I want Texans to know that, despite recent disruptions, their leadership in Austin is busy working to stretch their dollars to fund the most critical services," Perry said. "With or without some of our Democrat colleagues, we will do everything we can to improve funding for health care, education and transportation."

Although use of these federal funds has been cleared, Perry noted up to $100 million for trauma care through the Texas Driver Responsibility Program and spending authority for an additional $231 million to help jumpstart transportation projects across Texas are still jeopardized by the Democrat walkout. Cleanup legislation for those funds also died in the last special session when senators left the state before a final vote.

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August 5, 2003
Tuesday 2:33:26 P.M. CST

Mega Millions Coming to Texas

Today, Reagan E. Greer, Executive Director of the Texas Lottery Commission, recommended Mega Millions as the multijurisdiction lottery game Texas should join.

"Mega Millions is the best multijurisdiction game for Texas," said Greer. "After reviewing all the information we received and studying the cost-benefit analysis, I am recommending to the Commission that Texas go to the next step of bringing this big jackpot game to our players."

"Since Governor Perry signed HB 3459 on June 10 authorizing us to enter a multijurisdiction lottery game, our staff has been working very hard to gather information to make this important decision," said Greer. "I want to express my appreciation to Mega Millions and PowerBall for providing information about each of their games and what each offers Texas."

In making his recommendation, Greer told the three-member Commission that some of the critical factors he considered were 1) revenue to the state, 2) cannibalization of existing games, and 3) the game that was the best fit for Texas. Greer's recommendation included adding a "multiplier" feature to the Mega Millions game that would allow players to increase their winning prize amounts at certain prize levels other than the jackpot prize level.
"I anticipate that the net revenue from Mega Millions will meet or exceed the initial estimate of $101 million for the biennium," Greer said.
The portions of HB 3459 relating to participation in a multijurisdiction lottery game take effect September 1, 2003.

Greer noted that his staff is committed to making the new game available to Texas Lottery players as soon as possible.

"In order to implement a multijurisdiction lottery game, certain actions such as entering into an agreement with Mega Millions, adopting a game rule, and procuring goods and services will need to occur," explained Greer. "We are looking at a late fall timeline for having this process completed."
Current projections are that with the successful completion of contract negotiations with Mega Millions and required Commission action, ticket sales could begin later this fall.
Mega Millions is a multi-state lottery game offered for sale in Georgia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Virginia and Washington. For more information on Mega Millions, visit their website at www.megamillions.com

For more information about the Texas Lottery, please visit the official Texas Lottery Commission Web site at www.txlottery.org

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August 4, 2003
Monday 12:01:47 A.M. CST

Rally Set for Texas Democrats

The Texas Democratic Party has organized a rally to support the 11 Texas Senators who busted a quorum to prevent congressional redistricting from going forward.

The rally will be held on the south steps of the Texas Capitol on August 9, 2003 at 11:30 a.m.

No word yet on a counter-rally by the Texas Republican Party or supporters of congressional redistricting.

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 JULY 2003
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July 31, 2003
Thursday 11:18:21 P.M. CST

Perry to Senate Democrats:  Texas Needs You!

Earlier today, Texas Governor Rick Perry pleaded with the Enchanted Eleven to return to the Texas Senate to address other issues besides redistricting.  

Eleven Texas Democrats have refused to return to the State of Texas unless Governor Perry removes redistricting from consideration in the second called special session or Lieutenant Governor David Dewhurst restores the "blocker bill", which would give Senate Democrats the procedural tool necessary to kill redistricting again.  Neither Perry or Dewhurst have agreed to comply.  Health care and Medicaid funding were the two key reasons Perry urged the Senate Democrats to return.

“For hospitals and health care providers, the clock is ticking,” Perry said. “In 32 days, a five percent reduction in fees paid to doctors, hospitals, nursing homes and other health care providers who provide health care services for Medicaid patients is scheduled to take effect.”

“When 11 Democrat senators fled the state on Monday, they jeopardized this vital increase in funding for doctors and hospitals by killing legislation that would have ensured our authority to provide a higher Medicaid reimbursement rate,” Perry said.

“The surest way for doctors, hospitals and Texas patients to benefit from the $167 million increase for health care services is for the Democrats to come home and do the work of our people,” Perry said. “What is at stake here is not politics, but good public policy.”

Perry also said the Democrats’ absence also endangers an additional $36 million for community care services, which is included in the $167 million state leaders agreed to spend.

“We're talking about disabled and diseased Texans who will be directly harmed by this abdication of duty by Democrat senators,” he said. “Texans deserve better. The message is simple for my Democrat friends: Don't just talk the talk when it comes to health care, but come back home to cast your vote for better health care.”

As of this evening, Senate Democrats have refused to answer the Governor's plea.

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July 28, 2003
Monday 6:58:36 P.M. CST

"Enchanted Eleven"sm Bust Quorum in Texas Senate

Before Texas Governor Rick Perry had a chance to call a second special session on congressional redistricting, 11 Texas Democrats fled the state to prevent a quorum in the current special session, which adjourned sine die early this afternoon.  Perry immediately called a second special on congressional redistricting, but the 11 Texas Democrats had already fled to  Democratic-friendly Albuquerque, New Mexico, whose state motto is "Land of Enchantment".   The "Enchanted Eleven"sm or the "Enchanted Ones"sm  are opposed to congressional redistricting, which was successfully defeated using a procedural move allowed under the Texas Senate rules.

Lieutenant Governor David Dewhurst, the presiding officer of the Texas Senate, was very disappointed, but predicted that the Texas Senate would eventually pass a congressional map.

No word yet on how long the "Enchanted Eleven"sm will remain in Albuquerque.  Without a quorum, the Texas Senate is at a standstill.

Stay tuned for more updates.

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July 28, 2003
Monday 6:47:12 P.M. CST

Texas Governor Rick Perry Issues Statement on Second Special Session

Texas Governor Rick Perry issued a statement on the second special session which was called earlier today:

"Today a minority of members in the state Senate prevented the Senate from finishing important work and killed legislation that would have generated an additional $800 million to help meet the priorities of our citizens.

"I am saddened by the fact that we will not be able to put hundreds of millions of dollars into a number of priorities. We could have spent that money to boost Medicaid payments for home care services, to help pregnant women receive Medicaid services, to expand health insurance for children of working families, to provide HIV medications for afflicted Texans, to train new doctors, or to address a number of other health and human service needs.

"Today's developments are disappointing - not just to me - but to the many Texans who would benefit from the services $800 million would provide.

"That's why today I am calling another special session. These priorities need to be addressed, and Texans deserve a vote on these issues and more."

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July 28, 2003
Monday 6:38:32 P.M. CST

Texas GOP Decries Move by Senate Democrats

Texas GOP Party Chair Susan Weddington issued the following statement criticizing the move by Democrats to bust a quorum in the Texas Senate:

"It is unfortunate and disappointing that Democrats forced the first special session to expire without passage of a fair redistricting plan. Democrats have wasted precious time and tax dollars solely for the benefit of Democrat congressmen and their national party leaders.

"By fleeing the Capitol, Democrats have cost Texans $800 million in additional revenue that could have been used to improve health care, education and other critical government services. It is absolutely disgraceful that Democrats would deliberately and shamefully hurt the people of Texas in this way for their own political gain.

"There is no expiration date on the legislature's constitutional responsibilities, and there is no expiration date on doing right by the people of Texas. The Democrats cannot run out the clock by fleeing and abdicating their constitutional responsibilities.

"We applaud Gov. Perry for calling a second special session and Lt. Gov. Dewhurst for following the Bullock precedent established by Democrats more than a decade ago.

"We are confident that a fair redistricting plan that reflects the will of Texas voters, increases leadership opportunities for minorities and respects communities of common interest can and will be passed in a new special session.

"Texans spoke clearly in the 2002 elections by casting fifty-six percent of their votes for Republican congressional candidates, and they expect their will to be reflected in our state's congressional delegation."

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July 27, 2003
Sunday 10:01:14 A.M. CST
MyCapitol.com Unveils TexasRedistricting.com

With the advent of a second special session on congressional redistricting, MyCapitol.com is pleased to unveil TexasRedistricting.com, a new service which provides centralized information on redistricting in Texas.  Even though the original launch date was 2010, the recent interest in congressional redistricting merited the unveiling of the new site.

TexasRedistricting.com provides interested parties with information on current and proposed maps, meeting schedules, live audio, news, and law.

Visitors can access TexasRedistricting.com on the homepage of MyCapitol.com.  Direct access will soon be available at http://www.texasredistricting.com.   

Enjoy the process!

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July 22, 2003
Tuesday 11:36:23 P.M. CST
Congressional Redistricting: R.I.P.

The third time may be the charm for Texas Republicans.  

With less than eight days left before the end of the first called special session, congressional redistricting has hit a procedural wall in the Texas Senate.  Even if a committee map is approved, twelve senators have vowed to prevent suspending the Senate rules to allow a redistricting bill to be debated by the full Senate.

Texas Senator Robert Duncan, chairman of the Senate Jurisprudence Committee, told the Associated Press, "I am not optimistic at this point that something will happen."  

Texas Governor Rick Perry has already indicated that he will call a second special session if a congressional redistricting plan is not passed this session.  Lieutenant Governor David Dewhurst has also hinted that he will remove the "blocker bill" next session to allow redistricting to be passed by a simple majority.  Without a "blocker bill," opponents will lose a procedural advantage in defeating a second redistricting bill.

Senate Democrats are considering all their options if the "blocker bill" is removed, including busting a quorum.  It is not clear if House Democrats will also bust a quorum if Governor Perry calls a second special session.

Earlier this month, a state district judge ruled that the Texas Department of Public Safety could not be used to track down absent lawmakers. Thus, it is not clear who would have the authority to find and return any quorum busting lawmakers.

For detailed analysis on redistricting in Texas, go to the Capitol Insider.    

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July 20, 2003
Sunday 11:02:52 P.M. CST
CapitolInsider.com is Launched

MyCapitol.com has launched CapitolInsider.com, a new feature designed to provide interested readers with detailed intelligence and analysis on important political and public policy issues.  Capitol Insider provides in-depth analysis in an easy to read format.  

The first article, "Texas Redistricting Bloodfeud," focuses on the current congressional debate in the Texas Legislature.

Interested readers can access Capitol Insider on the home page of MyCapitol.com.  Direct access will soon be available at http://www.capitolinsider.com.

Enjoy!

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July 14, 2003
Monday 8:15:21 P.M. CST
Texas Congressional Redistricting in Critical Condition

CODE RED.

Earlier today, former Lieutenant Governor and current Texas Senator Bill Ratliff (R-Mount Pleasant) announced that he would join 10 Texas Democrats in their "unalterable opposition" to any motion to suspend the rules to allow a congressional bill to be considered by the full Texas Senate.  Democratic Senators Ken Armbrister (D-Victoria) and Frank Madla (D-San Antonio) are the only two Democrats who did not sign the commitment letter. With eleven firm commitments to oppose suspension, congressional redistricting may soon become a footnote in legislative history, unless the rules of the Texas Senate are changed or something dramatic occurs.

Ratliff, considered by some of his colleagues to be the Obi Wan Kenobi of the Texas Senate, said that the theoretical marginal results of a new map were not worth the costs that a "vitriolic battle" on redistricting would inflict on the bipartisan tradition in the Texas Senate.   

"I will not be a part of the destruction of that spirit for a theoretical marginal partisan gain in the Texas congressional delegation," said Ratliff.

Ratliff noted that the current congressional map approved by a three-judge panel in 2001 has 20 Republican leaning districts, including 19 which have at least 55% Republican voting strength.   There are currently 17 Democrats and 15 Republicans in the Texas delegation.

Ratliff was especially critical of House Bill 3, which passed the Texas House of Representatives last week on a largely partisan vote, because of its blatant disregard for rural and agricultural communities of interest. Ratliff noted that the forces behind the congressional redistricting effort "have no knowledge of or regard for the representative balance between the urban/suburban power base and the diminishing influence of the rural/agriculture community."

Texas Governor Rick Perry issued a two-sentence statement in response to Ratliff's decision.

“Lt. Gov. David Dewhurst said he would continue to work on a fair redistricting plan. I believe we must give the lieutenant governor the time to sort out his options on the issue for which the session was called,” said Perry.

Dewhurst said he would consider all options to produce a fair redistricting plan that reflects the values and voting trends in Texas.  The "nuclear" option - eliminating the 11 vote rule requirement - is one possibility.

Ratliff said that it would be a serious mistake for the lieutenant governor to eliminate the 11 vote rule because the rule has preserved the bipartisan tradition in the Texas Senate for decades.       

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 JUNE 2003
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June 30, 2003
Monday 10:17:43 P.M. CST
They're Back!

Less than a month after the Texas Legislature adjourned sine die, lawmakers are back in Austin.

Texas Governor Rick Perry called a special session to primarily address congressional redistricting, but he may allow the Texas Legislature to address other issues such asbestos lawsuits, the Top Ten Percent Plan, and funding for medical facilities in the Lower Rio Grande Valley and El Paso.  

More than 60 bills have already been filed.  Interestingly, a bill repealing the sodomy law declared unconstitutional last week by the U.S. Supreme Court has yet to be filed.

The first day of the special session was contentious.  Several House Democrats who fled to Ardmore, Oklahoma in May, held a press conference to ask their colleagues to declare their independence from Washington partisan politics.  U.S. House Majority Leader Tom Delay (R-Sugarland) has been heavily criticized for convincing Governor Rick Perry to call a special session for what Democrats are calling a "power grab".  Earlier today, State Representative Richard Raymond (D-Laredo) and State Representative Robert Tarlton (R-Pasadena) engaged in a heated exchange regarding congressional involvement in redistricting.

Republicans see the special session differently.  They argue that the Texas Legislature abdicated its responsibility to draw congressional districts in 2001 to reflect the values and voting patterns in Texas.  Republicans control all statewide offices and the Texas Legislature, but do not control the congressional delegation.  There are currently 17 Democrats and 15 Republicans.

Even though there are 17 Democrats, redistricting analysts contend that the current congressional map has 20 Republican leaning seats.  What makes it difficult for Republicans to win is commonly known as the "incumbency advantage".  Even though some Democrats may live in Republican leaning districts, their name identification, their ability to fund raise, their seniority in Congress, and their relationships with their constituents make it difficult for a Republican newcomer to oust a veteran Democrat.

The solution for a Republican congressional majority is simple: combine Democrats or Republicans in adjoining districts and create open seats.  "Pairing" is the legal term used to describe combining to incumbents into one district.  By creating 5 or 6 open seats, Republicans will have a chance to win without competing against someone with an incumbency advantage.  

The "open seat" strategy was successfully used by the Legislative Redistricting Board when it drew the map for the Texas House of Representatives. In that map, there were 20 open seats, which were key to the Republican takeover of the Texas House.

Capitol observers predict that the Texas House of Representatives will pass a congressional map.  However, the Texas Senate may block it if 11 members object.  Texas Senators Frank Madla (D-San Antonio), Eddie Lucio (D-Brownsville), and Ken Armbrister (D-Victoria) will be key in influencing the outcome of redistricting in the Texas Senate.  All three are considered moderates and have supported Republican efforts in the past.

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June 30, 2003
Monday 9:35:18 P.M. CST
Clarence Thomas: Repeal Sodomy Law

U.S. Supreme Court Justice Clarence Thomas delivered a special message to Texas lawmakers in the dissent he filed in Lawrence v. Texas. In that case, the U.S. Supreme Court declared the Texas sodomy statute unconstitutional.

Even though he agreed with the dissent filed by Antonin Scalia, he urged Texas lawmakers to get rid of the "uncommonly silly" law.

"If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expand valuable law enforcement resources," said Thomas.

No lawmaker has yet agreed to follow Thomas' advice.

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June 26, 2003
Thursday 9:15:29 A.M. CST
Texas Sodomy Law Declared Unconstitutional

In a 6-3 decision, the U.S. Supreme Court declared the Texas law prohibiting sodomy among homosexuals as unconstitutional.  The Court held that the State of Texas did not have a legitimate interest in regulating private conduct among consenting adults. Justice Kennedy wrote the majority opinion.

Today's decision is a huge victory for the gay community who had claimed that the law was discriminatory.  It is not clear how today's ruling will affect the Defense of Marriage Act recently signed into law by Texas Governor Rick Perry.  

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June 23, 2003
Monday 9:35:23 A.M. CST
U.S. Supreme Court Upholds Affirmative Action in Higher Education

The U.S. Supreme issued historic decisions today upholding affirmative action in higher education admissions.  The Court held that race can be considered as a factor in university admissions.

The practical effect is that affirmative action, not "affirmative access", will be the law of the land.  President Bush supported "affirmative access" as an alternative to affirmative action.

In Texas, this means that the Hopwood decision is no longer good law.

More detailed legal analysis to follow in the Capitol Spotlight.
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June 23, 2003
Monday 12:34:14 A.M. CST
78th Legislature Roundup: Budget, New Laws, and Vetoes

To view Governor Perry's budget proclamation, including line-item vetoes, click here.

To view the bills that became law, click here.

To view the bills that were vetoed, click here.

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June 21, 2003
Saturday 9:00:34 A.M. CST
Texas Budget Resurrected

Like the phoenix rising out of the ashes in the recent Harry Potter movie, Comptroller Carole Keeton Strayhorn gave the Texas budget a new life after certifying it yesterday afternoon.   Strayhorn agreed to certify the budget only after Governor Rick Perry agreed to veto two bills that would offset the shortfall.

Strayhorn's certification clears the way for congressional redistricting to be the key focus in the upcoming special session.

Perry is expected to sign the budget before the Sunday deadline.

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June 19, 2003
Thursday 11:05:25 P.M. CST
Texas Budget Laid to Rest

Wearing a dark suit as if she were attending a funeral, Comptroller Carole Keeton Strayhorn delivered unexpected and disappointing news to Texas lawmakers earlier today at a press conference.

"I cannot certify this budget because it is 185 million 900 thousand dollars short," said Strayhorn.  

The apparent shortfall is due to a technical error regarding the fee structure in HB 3588, which was signed by Texas Governor Rick Perry today.  Clarification letters were sent by the authors of the bill, but the letters were not a factor in the final decision.

The effect of Strayhorn's statement is clear--the budget adopted by the Texas Legislature is dead.

Even though she praised House and Senate lawmakers for their hard work, her decision not to certify the budget was an explicit acknowledgment that the Texas Legislature failed to produce a balanced and certifiable budget. This is the first time since 1942 that a Comptroller has not certified a biennial budget.

"There is no appropriations bill," Strayhorn said.  

Governor Rick Perry has already called a special session on congressional redistricting beginning June 30; however, he has not specifically said that the budget will be included in the session. Other options are being explored.

Reaction to the surprising decision was swift.

Texas Governor Rick Perry and House Speaker Tom Craddick called the decision "disappointing". However, both expressed confidence that the shortfall could be addressed to Strayhorn's satisfaction.

Texas Democrats urged Governor Perry to use this opportunity to address the budget and forget about redistricting.

"With a special session on redistricting, the Governor had his priorities out of balance," said Molly Beth Malcolm, Chair of the Texas Democratic Party.

"Now the state's budget is out of balance. Clearly, we have bigger fish to fry than Tom DeLay's power grab. The top priority should be to pass a budget that Strayhorn is willing to certify. Governor Perry should immediately drop the special session on redistricting so legislators can work together -- instead of against each other -- to balance our state's budget and protect our state's future."

The Mexican American Legislative Caucus and the  Texas Legislative Black Caucus also urged Perry to shift the focus of the special session.

“Passing a balanced budget must be the Legislature's only priority during the upcoming special session so that our schools open on time this fall and we deliver essential state services, uninterrupted,” said State Representative Pete Gallego (D-Alpine), Chair of the Mexican American Legislative Caucus.

“How can the leadership justify spending $1.7 million for a special session on redistricting when the Comptroller says that the budget they produced doesn't even contain enough revenue to cover the state's current expenses?,” asked State Representative Garnet Coleman (D-Houston), Chair of the Texas Legislative Black Caucus.

“The last 24 hours have made it clear that just like our budget, the priorities of our leadership are out of balance and the people are taking a back seat to partisan politics. Over the weeks to come our budget should take priority over partisan redistricting,”  said Coleman.

June 22 is the deadline for Governor Rick Perry to sign or veto bills; however, it appears that the most important bill will not bear his signature.

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June 16, 2003
Monday 11:05:45 P.M. CST
Homeland Security and the Killer Ds: Ardmore Revisited

The Department of Homeland Security released its investigative report earlier today relating to the use of federal resources to track the now infamous Killer Ds in Ardmore, OK.

Washington and Texas Democrats had complained that it was improper for the Department to track the plane of former House Speaker Pete Laney when he decided to join the quorum busting Democrats in Ardmore, OK.   

The redacted report acknowledges that federal resources were used, but that the use was de minimis and no harm was caused.

The report provided detailed information, but it did not answer the key question Texas Democrats have been asking:  Who told the Texas Department of Public Safety to contact the Department of Homeland Security?  

Stay tuned for sound bites from both sides of the political aisle.

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June 15, 2003
Sunday 10:25:10 P.M. CST
Tick, Tock, Tick, Tock

It's almost June 22nd and the most important bill has yet to be signed by Texas Governor Rick Perry.  The Texas budget, which contains no new taxes, but an increase in fees, has yet to be certified by the most powerful woman in Texas government--Comptroller Carole Keeton Strayhorn.  

After the regular session of the Texas Legislature adjourned sine die on June 2nd, Strayhorn said she would take her time in certifying the budget.  Capitol insiders speculated that she would certify the budget within 10 days, but Strayhorn made it clear that there is no date certain on getting her seal of approval.  Without a certification, Perry cannot sign the budget or use his line item veto.  Without a certified budget for the next fiscal year, government will be at a standstill and a special session may be needed.

Strayhorn has expressed concerns regarding the fiscal policy choices made by Texas lawmakers.  She is especially troubled by the budget provisions that would allow the Comptroller to make certain budget cuts if there is no certification.  She has hired a constitutional scholar from the University of Houston to assist her in determining if the provisions are an unconstitutional delegation of powers.

Governor Perry has until next Sunday to sign or veto bills.  If there is no certification by then, Texas may be in for a surprise.

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June 15, 2003
Sunday 9:45:13 P.M. CST
Send in the Check!

In January, MyCapitol.com posted an article about how lobbyists R.A.I.D. the Texas Legislature.  

Now that the moratorium on political contributions ended on June 2nd, lobbyists are sponsoring fundraisers to help lawmakers replenish their re-election war chests.  Whether the fundraisers are golf tournaments or appreciation dinners, the goal is simple--maximize contributions from the Third House of Texas government.

Texas does not have a limit on the amount of political contributions.   However, the standard minimum contribution is $250.  The amount of the contribution can increase if the honoree is an influential committee chair or if he/she is part of the leadership team in the Texas House or Texas Senate.

Current law does not prohibit lawmakers from accepting campaign contributions during a special session.  The only prohibition applies to a "regular session" of the Texas Legislature.  Lawmakers can legally accept campaign contributions while legislation is discussed during a special session so long as the contributions are not accepted "inside" the Texas Capitol.  

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June 4, 2003
Wednesday 9:48:33 P.M. CST
Texas Budget Encounters Certification Snag

Summer plans?  Not so fast.
If Comptroller Carole Keeton Strayhorn gets her way, Texas lawmakers may be seeing pink granite instead of a blue sky and sunshine this summer.

Earlier today, Texas' toughest grandma held a press conference on the certification of the budget and like President George W. Bush she was plainspoken:  "I hope we have a certifiable budget. I do not know if we have a certifiable budget."

Strayhorn had been critical of Texas lawmakers throughout the session, often warning them not to play tricks with the people's money.  Today was no exception.

"I've said repeatedly I don't like one-time funding sources, I don't like smoke and mirrors, I don't like delays and referrals and I don't like raiding the Rainy Day fund," Strayhorn told the Associated Press.

Strayhorn has a constitutional duty to certify the budget before it goes into effect on September 1, 2003.  She did not indicate when and if the budget would be certified.

"I will take as long as necessary," she said.

If the budget is not certified, Governor Rick Perry will have to call a special session to address any budgetary concerns.

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June 4, 2003
Wednesday 9:46:21 P.M. CST
Rio Grande Valley Receives Federal Funding

Congressman Rubén Hinojosa and the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) today announced the awarding of $1.5 million to fund the hiring of 20 law enforcement officers in two South Texas cities in the 15th Congressional District. The City of Weslaco and the City of Mission will each receive $750,000 to employ 10 new police officers for three years.

The Universal Hiring Program (UHP) is one of the key approaches developed by the Office of Community Oriented Policing Services to increase the number of police officers in communities across America.

 "A decade ago as crime was soaring, law enforcement officers were rushed from incident to incident. Today, citizens know the officers policing their neighborhoods. Officers and citizens are partnering to develop creative and innovative ways to deal with long-standing problems," said Hinojosa.

Funds awarded to law enforcement agencies by the COPS program provide up to 75% of the total salary and benefits of each new officer for three years, and a maximum of up to $75,000 per officer. State and local funds pay the remainder. All jurisdictions that receive funding must submit and adhere to a plan to retain COPS-funded officer positions for at least one complete budget cycle after federal funding has ended.
"In addition to funding law enforcement positions, the COPS program has been the catalyst for innovations in community policing and I am honored to be receiving 20 new officers who will be dedicated to working with and protecting our communities," said Hinojosa. Recent statistics indicate that departments that employ community policing serve 86% of American communities.

"I encourage every community to apply for federal funding to bring more law enforcement officers to our rapidly developing communities," concluded Hinojosa. Hinojosa worked with the City of Weslaco, the City of Mission, and officials in Washington to secure this grant.

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June 4, 2003
Wednesday 9:43:54 P.M. CST
What Do the Texas Lotto and Cocaine Have in Common?

To find out, click here.

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June 2, 2003
Monday 1:26:25 A.M. CST
It's Sine Die! God Bless Texas

They came. They prioritized. They earned their $600 per month. Now it's time for Texas lawmakers to go back home.
But before leaving town, lawmakers, lobbyists, and staff will celebrate their achievements or defeats at the traditional Sine Die bash at the Austin Club later tonight.  With plenty of free food and drinks available courtesy of the Texas lobby, the event promises to be a memorable one.  Afterall, the session was anything but boring.

Note some of the following highlights:

With no new taxes, the Texas Legislature managed to pass a balanced budget even though significant services to the elderly and poor will be cut and more than 10,000 state employees will join the unemployment lines.

Tort reform, a priority of Governor Rick Perry, passed and is expected to lead to lower medical malpractice insurance rates and likely put some trial lawyers out of business.

The ethics bill that was approved by the Texas House of Representatives will help assuage any criticism that an ethical politician is more than an oxymoron in Texas.

Homeowners and auto rates should begin to decrease with the passage of new legislation, though the industry and consumer groups are not happy.  

Forget the Texas Lotto.  Powerball may be coming to Texas.  Texans should enjoy a chance at winning $200 million jackpots.

Universities finally got what they had been asking for.  Tuition deregulation, with no sunset provision, will allow universities to charge more for the privilege of attending.

Health and human services received a major bureaucratic makeover.  The consolidation of services should lead to more savings.

Congressional redistricting was temporarily killed courtesy of the Killer Ds.  It could come back to haunt the Democrats in a special session.

The Top 10% college admissions plan authored by the late Representative Irma Rangel and publicly touted by President George W. Bush will remain the same after it was successfully filibustered in the Texas Senate.

Even though the regular session of the Texas Legislature ends today, the work still continues for some lawmakers and lobbyists until June 22, 2003.  That is the last day that Governor Rick Perry can sign or veto legislation.

Stay tuned to find out what bills actually become law.

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 MAY 2003
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May 21, 2003
Wednesday 11:30:13 P.M. CST
Conspiracy Theory

In an ordinary regular session, the talk among capitol insiders is what special interest wants certain legislation passed or killed.  However, this session has been anything but ordinary.  Instead of key public policy issues dominating the news, the talk under the dome is who ordered the Texas Department of Public Safety to destroy all public records relating to the investigation of the now infamous Killer Ds.  The records were destroyed the day before the House Democrats ended their walkout on May 14, 2003.

The Texas Department of Public Safety issued a statement saying that federal law allowed for the destruction of the information. Three House Democrats who submitted an open records request to the agency think that someone is hiding something.  In other words, the explanation by the agency does not pass the smell test.  Two legislative committees have already begun looking into the possibility of a full investigation.  

Some speculate that Speaker Tom Craddick was involved.  Earlier today, Craddick denounced the idea and issued the following statement explaining his role in the DPS investigation:

"On Monday, May 12, I issued a call on the Texas House of Representatives after 58 of the House’s 62 Democratic members failed to show for a quorum call.

As a result, in accordance with House rules and the Texas Constitution, I asked the House sergeant at arms to ask the Texas Department of Public Safety to find these absentee legislators and bring them in so that we could establish a quorum. We cooperated fully with the DPS, even offering space in a conference room adjacent to my office for a DPS emergency command center.

I did not direct the DPS search, nor did I interfere with it. I did not suggest strategy, but we did pass along rumors and tips as they were given to us. I did go into the command center on several occasions, but I was not involved in the activities and strategies therein.

I can only answer “No” to those of you who have suggested that I had a larger role, or who have asked for me to comment on the DPS operation. This issue, in my humble opinion, has been blown way out of proportion. There is no conspiracy here.

The Texas Department of Public Safety is a highly respected police agency. Its officers are smart and well trained. We turned this particular investigation over to them, and felt confident that if any of the missing members were still in the state of Texas, the DPS would find them and bring them back.

As it turned out, they found the missing members, at a Holiday Inn in Ardmore, Okla. But since the absentees had crossed the state line, they could not be forcibly brought back. DPS officers were dispatched to Ardmore to ask these members to return. The members refused.

By Tuesday afternoon (May 13), after we realized that at least 51 Democrats -- enough to continue to block a quorum -- were in Ardmore, I ended the call on the House. At that point, the DPS detail assigned to the House disbanded and went back to their usual business.

I’m afraid that those who are pursuing a conspiracy are drilling a dry well," concluded Craddick.

With two weeks left before the session ends, the plot has already thickened.  There is speculation that Travis County District Attorney Ronnie Earle may order a grand jury investigation to find out who is really behind the disappearing records.  

Stay tuned for Part II of this Texas drama starring the Killer Ds.

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May 15, 2003
Thursday 11:23:43 P.M. CST
House Democrats Are On the Road Again

With their red bandanas in hand courtesy of Willie Nelson, the House Democrats that governed in exile from the Holiday Inn in Ardmore, Oklahoma are heading back to the Lone Star State.  At approximately 10:45 p.m. the two charter buses departed the "Hotel Oklahoma."

At 12 midnight, the congressional redistricting bill that generated the walkout will die and be laid to rest.
Approximately 400 bills that were scheduled to be debated this week will also die.

In a sense, the walkout that generated national attention could be considered as the House Democrats' version of limited government.  Without a quorum, the Texas House of Representatives could not pass legislation that would expand the role of government in people's lives.  Some Democrats have indicated that they are willing to work with the Speaker to try to revive legislation that they consider important to Texans.    

Earlier today, Speaker Tom Craddick said that he will not allow members to suspend the House Rules to bring legislation back from the dead.  

“We’re not going to suspend those rules,” Craddick said. “We’ve never done it in the past. We’re not changing the rules.”

Craddick also said that the members he called "Chicken Ds" would not face any retribution from him.

State Representative Ron Wilson, an African-American Democrat from Houston who did not join the "Killer Ds" in Oklahoma, had a different opinion.

"If they come back and assume that everything's going to be hunky-dory, I think they're mistaken," said Wilson.

The Texas House of Representatives is scheduled to convene tomorrow at 9 a.m. and continue working throughout the weekend to try to pass a balanced budget and other key legislation.

Stay tuned for more coverage on this historic event in Texas political history.

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May 13, 2003
Tuesday 11:40:33 P.M. CST
Ardmore or Bust!

Tuesday was another day of inaction in the Texas House of Representatives.  Even though State Representative Helen Giddings (D-De Soto) was arrested and State Representative Al Edwards (D-Houston) returned voluntarily, the House did not have a quorum.  The 51 House Democrats, who were recognized today as honorary "Okies" by the Oklahoma Legislature, remained steadfast in their commitment to prevent the House of Representatives from considering congressional redistricting.

At a press conference today in Ardmore, State Representative Jim Dunham (D-Waco) sent U.S. Congressman Tom DeLay (R-Sugarland) a stern message: Don't Mess With Texas!  DeLay has been advocating changing congressional boundaries so that Republicans can have a 20-12 majority in the Texas Delegation.  

DeLay said that the House Democrats were engaging in conduct unbecoming of good Texas lawmakers.

"I have never turned tail and run," DeLay said. "Even when I'm losing, I stand and fight for what I believe. It's so Texas contrary," he said.

Even though Speaker Craddick is incensed at the walkout, Dunham told Craddick that the quorum bust was necessary to prevent Washington-style politics in the Lone Star State.

"This was not a challenge to your leadership," said Dunham in a prepared statement. "However, we cannot stand by as the agenda of the Texas Legislature is taken over and directed by the partisan interests of the Washington Republicans." At the end of the statement, Dunham tells the Speaker to instruct the Department of Public Safety to stop harassing and retaliating against the members' families.  

Meanwhile, Republicans continue to hammer the Democrats for their cowardice and childish behavior.

Susan Weddington, Chair of the Texas Republican Party, called the Democrats "cowards."

Texas Governor Rick Perry said  "Texas Democrats need to live up to their responsibility, their oath of office, which simply requires that they represent the people, in Austin, for 140 days every two years."

Perry urged the renegade Democrats to put Texas above politics.

"My Democrat friends, it's time to come back to work. There is still time to address the priorities of our people if you join your fellow legislators in a spirit of bipartisanship. At the end of the day, party and politics are secondary. Texas matters most," Perry said.

Even though Perry has the constitutional authority to call a special session on congressional redistricting, he has not indicated that he will.  However, if a budget is not passed by the Texas Legislature and certified by Comptroller Carole Keeton Strayhorn, a special session will be called.  

Strayhorn is expected to announce her revised revenue estimates this week before a final budget is produced.  Last week, Strayhorn said that sales tax revenues declined for the tenth consecutive month. If the deficit increases beyond $9.9 billion, lawmakers will be spending the summer in Austin (and hopefully not in the Sooner State).

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May 13, 2003
Tuesday 11:25:22 P.M. CST
Congressional Redistricting Bill Filed in Texas Senate

As the House congressional redistricting bill lies in its death bed, Texas Senator Chris Harris (R-Arlington) has quietly filed a redistricting bill in the Texas Senate.

To read the story, click here.

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May 12, 2003
Monday 11:02:12 P.M. CST
Some Missing Democrats are in Oklahoma

A large group of Texas Democrats has been located in Ardmore, Oklahoma.  The group is outside of the jurisdiction of the Texas Department of Public Safety and cannot be arrested.  Federal authorities may be called in to arrest and return the lawmakers back to Austin.

The Democrats have said they are ready to return if Speaker Tom Craddick removes congressional redistricting from consideration.  Craddick said earlier today that redistricting is non-negotiable.

The Democrats plan to hold a press conference Tuesday afternoon in Ardmore.

Stay tuned.

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May 12, 2003
Monday 10:20:12 P.M. CST
Beep! Beep!  Catch Me If You Can

Like the Coyote chasing the Road Runner, Texas Speaker Tom Craddick asked the Texas Rangers and state troopers to find the House Democrats who busted a quorum earlier this morning and brought government to a halt. Without 100 members present, key legislation, including congressional redistricting and bills related to balancing the state budget, will have R.I.P. written all over them if they are not passed by Thursday, May 15, 2003.  If the House does not convene, the current lawmakers that have been locked in after a "call" of the House was issued may soon be hymning the song Taps as the clock ticks away.

The missing Democrats issued a statement criticizing the DeLayization of the redistricting process and the iron fist treatment they have received from the Republican leadership in the Texas House.

Speaker Tom Craddick and Texas Governor Rick Perry did not take the actions very lightly.

In a prepared statement, Speaker Craddick said it was a "disgrace to run and hide."  After various sources labeled the missing lawmakers as "Killer Ds," Craddick had his own term for them - "Chicken Ds".

"That's not the process," Craddick told the Austin American-Statesman. "And I think the 'Chicken Ds' that did this ought to be ashamed of themselves today. And that's what they are, is a bunch of Chicken Ds."

Governor Rick Perry also issued a statement calling the Democrats "cowardly and childish."

“In my nearly 20 years of public service, I have never seen such a blatant abdication of responsibility,” Perry said.

The whereabouts of the lawmakers are unknown, but some speculate that they are in Oklahoma, New Mexico, and Mexico. If the lawmakers are out of the state, it may difficult for the Texas Rangers or state troopers to arrest them in areas that are beyond their jurisdiction.  Arrests warrants may have to be issued in another state.  Once arrested, extradition proceedings may have to be initiated.

Earlier today, Patricia Madrid, the Democratic Attorney General for New Mexico, responded to Texas Governor Rick Perry's request regarding arresting lawmakers in New Mexico.   She essentially told the Governor to handle this political matter internally.

"Some are speculating this request from the Texas Governor's office concerns an effort to locate missing Texas House Democrats," Madrid wrote. "If so, Texas should understand that since ski season is over, the Santa Fe Opera has not begun and President Bush was just in town, I don't think they are in Santa Fe now. Nevertheless, I have put out an all-points bulletin for law enforcement to be on the look out for politicians in favor of health care for the needy and against tax cuts for the wealthy," she said.

Bill Richardson, Bill Clinton's former Secretary of Energy, is the current governor of the Land of Enchantment. It is doubtful that he will help Rick Perry find the missing lawmakers.

The Texas Department of Public Safety has asked Texans to call 1-800-525-5555 with any information leading to the arrest of the representatives who have been described as "patriots" and "principled" by their supporters.  Unfortunately, there is no reward for turning in the elected leaders.

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May 12, 2003
Monday 1:19:12 A.M. CST
New "Killer Bees" Plan to Sting House Republican Leadership

The San Antonio Express-News is reporting in its Monday edition that several House Democrats have gone into hiding to prevent a quorum from being established in the Texas House of Representatives as it begins to debate congressional redistricting.  Without 100 members present, the House will be at a stand still.

"I guess we will be called obstructionists, or maybe worse. But we are making a statement. If this is going to be the only way to stop bad legislation from being rammed down our throats, then so be it," an unnamed South Texas legislator said.

The Texas Rangers or state troopers with the Texas Department of Public Safety may be ordered to find and forcibly bring back the lawmakers so that a quorum may be established.

Time is a lawmaker's worst enemy.  The lack of a quorum only makes matters worse since all bills must be considered on second reading by Thursday, May 15, 2003.  If a quorum cannot be established by then, congressional redistricting and other legislation will die this session.  

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May 7, 2003
Wednesday 9:49:16 P.M. CST
Raymond Files Civil Rights Complaint Regarding Congressional Redistricting

The following statement is printed in full as a courtesy to readers of The Lege.

"Today I am filing a formal complaint with the United States Department of Justice detailing voting rights and civil rights violations under the Minority Language Requirements of the Voting Rights Act.

First, I want to say that I have great respect for this House and my colleagues. When I was first elected, I couldn't imagine a day like this would come. However, I have an absolute obligation to demand that the rights of my constituents be honored, and an even greater respect for those who fought to secure those rights, many of whom served in this Capitol.

I am taking this action on behalf of myself and my constituents because I believe the conduct of the current congressional redistricting process has violated my civil rights, as well as the voting rights of Hispanics in the State of Texas. During that process, I have requested field hearings around the state, including areas with large concentrations of non-English speaking Texans like my district in Laredo. With one voice, Hispanic and African American citizens, legislators, and advocacy groups have also requested meaningful public input into this redistricting process through a series of field hearings.

Many Texans have contacted me to express outrage at the comments made during a committee hearing by House Redistricting Committee Chairman, Rep. Joe Crabb, in response to my request.

Chairman Crabb responded by saying: "Mr. Raymond, there are only two people that I know of on the committee that speak Spanish. The rest of us would have a very difficult time if we were out in an area other than Austin or other English-speaking areas to be able to have committee hearings or to be able to converse with people that did not speak English."

That type of blatant hostility to Hispanic voters is a clear violation of the Voting Rights Act and is only one obvious example of the pervasive discrimination against the rights and interests of minority citizens in Texas

The complaint specifically addresses the conduct of the Chairman and actions of the committee that denied me the opportunity to fully and equally participate in committee deliberations on behalf of my constituents, the redistricting committee's failure and refusal to follow its traditional practice of holding public field hearings throughout Texas, and the failure to publish redistricting committee notices and other important information in Spanish."

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May 6, 2003
Tuesday 10:07:36 P.M. CST

Escobar Wins in District 43

Juan Escobar (D-Kingsville) defeated James Matz (R-Palm Valley) to fill the unexpired term of the late State Representative Irma Rangel, who died of brain cancer on March 19.

With 100% of the precincts reporting, Escobar received 5,363 votes (62.6%).  Matz received 3,209 votes (37.4%).  Matz received more votes than Escobar in Cameron County, which has the biggest population in the district.  More than 50,000 residents in District 43 live in Cameron County.  In Cameron County, Matz received 2,197 votes (71.33%) and Escobar received 883 votes (28.66%).  Escobar was able to offset the loss of Democratic support in Cameron County by winning Brooks, Jim Hogg, Kleberg, Kenedy, and Willacy Counties.  Interestingly, on a per county basis, Brooks (957) and Kleberg (1,879) Counties turned out more Democrats than Cameron County.  Cameron County just edged Willacy (870) and Jim Hogg Counties (726).  Escobar received 48 votes in Kennedy County.

Out of the total 5,363 votes Escobar received, 67% were from the northern part of the district (Kleberg, Brooks, Kenedy and Jim Hogg). Escobar received only 33% of the Democratic votes in Willacy and Cameron Counties, which make up more than 66% of the district.  District 43 has just over 131,000 people.   

The low voter turnout may have been due to the timing of the election and voter apathy.  However, Republicans may field another candidate for the general election in November 2004.  With a President from Texas at the top of the ticket, the dynamics in District 43 will change.  During the last general election in November 2002, Republican candidate Ed Cyganiewicz received more votes than Escobar and Matz combined!  In that race, Cyganiewicz received 9,319 votes even though he was defeated by Rangel who received 14,940 votes.  

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 APRIL 2003
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April 30, 2003
Wednesday 9:42:56 P.M. CST

Strayhorn Blasts "Smoke and Mirrors" Senate Budget

Comptroller Carole Keeton Strayhorn means what she says and says what she means.  Last week, House leaders got an earful for failing to produce a balanced budget. Today, Senate leaders were chastised for producing an illusionary budget that shortchanges Texas taxpayers.

"The proposed budget is riddled with one time payments, delays, deferrals and seriously raids the Rainy Day Fund. God help us if there is a true emergency in this state. The Legislature leaves enough money in the Rainy Day Fund to run state government for two days and ten minutes; after that, who is going to pay the teachers, guard the prisons, and build the roads?" Strayhorn asked.

Strayhorn was also very critical of a budget provision that requires her to make budget cuts if s