by Julian Aguilar, The Texas Tribune
January 27, 2011

The voter ID legislation passed by the Texas Senate on Wednesday night may be controversial, but it’s a familiar debate, as is the issue of “sanctuary cities.” Gov. Rick Perry has declared both to be “emergency items” that demand immediate attention by the Legislature.

Less well known but no less controversial are many of the provisions found in more than three dozen immigration-related bills filed so far in the early days of the 82nd legislative session.

State Rep. Leo Berman, R-Tyler, has made national headlines for his “birther” bill that would require a candidate for president or vice president of the U.S. to show proof of natural-born citizenship to be placed on the ballot in Texas. He has also filed proposed legislation designed to provoke a legal challenge to the 14th Amendment, which bestows citizenship on anyone born in the U.S., regardless of the status of the child’s parents. House Bill 292, if passed, would prevent a county’s local registrar from issuing a birth certificate to a child born to undocumented immigrants in Texas.

“Instead, they will be given a notice of birth, with instructions to take it to their own consulate or embassy to get citizenship papers or a birth certificate from the country of their parents,” Berman said, explaining his bill. “If it passes, we expect to be sued immediately, and that’s exactly what we’re looking for — we want to be sued in federal court so that federal judges will finally read the 14th Amendment.” After that, he said, it’ll only be a matter of time before the federal government realizes the amendment was ratified in 1868 only for those children born in the U.S. to black slaves.

Berman has also authored a bill — HB 294 — that would ban undocumented immigrants from suing legal Texans. They could not seek “equitable relief as a counter claimant or a cross claimant,” according to the legislation.

“If you have an accident with a car driven by an illegal alien, you are going to pay for your own car. But if you hit them, they are going to get an attorney, an abogado, and they are going to try and sue you for everything you’re worth,” he said. “I have asked several lawyers, and they said it is constitutional.”

State Rep. Pete Gallego, D-Alpine, an attorney, said lawmakers are entitled to file any bill they wanted, but he said the bill would likely be deemed unconstitutional by the courts.

“The Texas Constitution has an open-courts provision which has always been interpreted to be even stronger than the Bill of Rights,” he said.

State Rep. Debbie Riddle, R-Tomball, has drawn the ire of Hispanic Democrats, educators and others for her proposed legislation — HB 22 — that would mandate that public schools keep track of the immigration status of students by requiring that they submit a copy of their birth certificates or other documents indicating their residency status “for inspection” by school officials at the time of enrollment. The bill also requires school districts and open-enrollment charter schools to submit information on the number of students enrolled in bilingual education or special language programs, and to “identify and analyze any impact on the standard or quality of education provided to students who are citizens that may occur as a result.”

Critics have argued the requirement would be an unfunded mandate — the bête noire of conservative lawmakers opposed to many federal mandates — and that preventing the education of any child in Texas is inherently unconstitutional.

Riddle’s chief of staff, Jon English, said she may have to “pull back” if the costs incurred by the Texas Education Agency are too high.

“We’ve been talking to some of the folks and TEA about what it is going to cost, and that’s something that we want to be cautious about,” he said. But he dismissed any notion that school principals would somehow become immigration agents or law enforcement.

“It’s just nose-counting. [Denying education] is not the intent That’s not what we hope happens either,” he said. “We just need to know how many illegal students we are serving.”

HB 21, also filed by Riddle, would require that state agencies report the costs of providing benefits to undocumented immigrants. Local governmental entities that receive state grants would also be required to submit that information to the grant provider.

State Rep. Van Taylor, R-Plano, has filed legislation that targets legal aliens who are requesting indigent care. HB 655, if passed, would offer counties the option of adopting a policy that would consider the income of a legal alien’s sponsor if that alien applied for indigent care. A sponsored alien is one who is admitted into the country legally after an affidavit of support. The sponsor’s spouse’s income could also be included in the determination of an alien’s eligibility for indigent care.

Taylor said Collin County officials approached him about filing the legislation, and that the bill has garnered support from his Republican colleagues in the Texas House and Senate.

“People that have the wherewithal to afford health care are taking advantage of our indigent health care system, which is designed for the indigent,” he said. Last year the county spent more than $3 million on indigent care, though how much was on legal aliens is not known, according to his chief of staff.

Randall Ellis, the senior director of government relations for Legacy Community Health Services in Houston, said the bill is a transparent attempt to discourage the sponsorship of aliens petitioning to enter the U.S. legally.

“It instills fear in people if you are going to be called before the government,” he said. “Of course, when you sign on as a sponsor you accept that, but the more loops and the more fear you put in people, the more you drive people away.”

Taylor said he is just providing the state with a way to comply with federal law, which already states that a sponsor’s information is subject to review. He pointed to language on a federal I-134 form, which requires that a sponsor agree to language that the alien “will not become a public charge in the United States.” The form also includes language specifically stating that the sponsor’s own income “and assets may be considered in deciding the person’s application.”

Some Hispanic Republicans in the Texas House, who helped the party attain a supermajority in the chamber after the November election, said they are not necessarily going to support bills if they believe they are too extreme. State Rep. Aaron Peña, R-Edinburg, switched parties last month, causing a stir among his former Democratic colleagues and in his heavily Democratic South Texas district. But, he said, his new allegiance won’t mean he unquestioningly supports what some of his new colleagues would like to become law.

Peña and his colleagues plan to announce the formation of the Hispanic Republican Conference, which will include the six Republican House members. Members in districts that were at least 40 percent Hispanic as of the 2000 census will also be invited and have voting powers.

“I will just say that we are going to, as a group, go through all of the bills with regard to voter fraud, with regards to immigration and other issues that impact Hispanic communities and either take a position [as a group] or take individual positions,” he said. “And we will be looking for things that don’t fit the reality of our experience. If something is too draconian or is bad for business or does more harm then good, we will take a position against it.”

Freshman member Larry Gonzales, R-Round Rock, said it was his duty as a policy-maker to make sure proposed legislation doesn’t promote racial profiling.

“I don’t think there is any reason that my 84-year-old grandmother, if for no other reason but for her physical appearance, gets stopped and asked for her immigration status. I am not supportive of that,” he said. “And there are some things that look familiar to me on that issue so those are the things are I am willing to engage in. Is it a very difficult conversation? Yes. I’m willing to do it.”

This article originally appeared in The Texas Tribune at http://trib.it/eAbFns.

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by Brandi Grissom, Reeve Hamilton, Elise Hu, Ross Ramsey, Emily Ramshaw, Morgan Smith, Matt Stiles, Julian Aguilar, David Muto, Kate Galbraith, Becca Aaronson, Julie Chang, Tristan Hallman and Emily Brown, The Texas Tribune
November 2, 2010

Rick Perry won his third full term as governor of Texas Tuesday, defeating former Houston Mayor Bill White by a convincing margin and positioning himself for a role on the national stage.

And he led a Republican army that swept the statewide offices for the fourth election in a row, that took out three Democratic congressmen and that was on its way to a nearly two-thirds majority in the Texas House, a mark Republicans haven’t seen since the days following the Civil War.

It was Perry’s sixth statewide win — an uninterrupted run that began in 1990 when he left his spot in the Texas House for a long-shot bid at agriculture commissioner. And it’s as much a beginning as an ending: He’s reelected now and in place, if he wants to be, for four more years. But he’s also starting a national book tour and has been promising for some time to lead a national revolt by the states against what he believes is an overreaching, bloated and financially irresponsible federal government.

In the process, Perry dispelled doubts about his political abilities, defeating popular and well-financed candidates both in the primaries, when he knocked off popular U.S. Sen. Kay Bailey Hutchison, and then in this general election, dispatching the popular former mayor of the state’s largest city. In White, Democrats had their best combination of candidate and money in a governor’s race in years, and they barely topped 40 percent.

When Texas First Lady Anita Perry campaigned for her husband, she often quoted Winston Churchill: “I like a man who grins when he fights.”  Perry was grinning Tuesday as he cruised to victory.

As he accepted the results before a cheering crowd at the Exotic Game Ranch in Buda, Perry said a “wave of dissatisfaction” two years in the making had just crested. “Conservatives are winning offices, and champions of big government are cleaning out their desks right now,” he said.

Amid the excitement, Perry didn’t miss the opportunity to plug his new book, Fed Up!, which will be released Nov. 15 but was available for purchase at the Republican victory celebration.  “Our citizens are tired of big government killing jobs with their do-gooder policies,” he said. “In short, the people are fed up!”

White, conceding in Houston, offered his congratulations to Perry and urged Texans to support all elected officials. “To those who have supported me, please recognize that Gov. Perry is not your enemy,” White said. “He is just a fellow Texan.”

The results in the top race presaged the carnage below. Republicans swept the statewide offices in both the executive and judicial branches, held their own in legislative seats at the state and federal levels, and threatened to cut into Democratic numbers in Congress.

But the big news was in the Texas House.

TEXAS HOUSE

It can only be described as a bloodbath. Nearly two dozen Democratic incumbents — 21, to be exact — lost their seats to Republican challengers on Tuesday, dashing the party’s hope that it would take control of the House for the first time in nearly a decade. Freshman incumbents — many of whom Republicans believe rode into office on President Barack Obama’s coattails — lost handily. WD-40s — white Democrats over 40 representing traditionally Republican districts — overwhelmingly fell to their well-financed opponents. Democrats no one thought were at risk fell victim to surprise upsets. Even Republican incumbents beaten up by election-year scandals held fast to their seats. 

What started the night as a 77-75 Republican advantage ended the night, with two seats undecided, at 99-51. The sweep means Republicans will have a larger-than-expected advantage during next year’s redistricting, where they’ll determine what the state’s election maps will look like for the next decade. And while it’s an undeniably big night for the GOP, it raised concerns for House Speaker Joe Straus, who had signed pledges from many Democrats who lost Tuesday night. He answered that uncertainly before all of the results were in, saying he has pledges of support from 122 returning and incoming members of the House. And he said in an interview that he’s got enough support in the Republican caucus to win there, too. That’s an answer to Republicans who want a GOP speaker whose support comes primarily from Republicans. Straus got the top job in 2009 with more Democrats than Republicans on his side. Many of those Democrats fell on Tuesday, to wit:

The WD-40s

Rep. Mark Homer, D-Paris, lost to Republican Erwin Cain, a businessman and attorney who raised more money than any other challenger in a Texas House race. Rep. Joe Heflin, D-Crosbyton, fell to Jim Landtroop, a Plainview business owner, in the Panhandle district. Landtroop, who lost to Heflin in 2006 by less than 1 percent, came into this election with a cash advantage.

Atlanta Rep. Stephen Frost, considered a WD-40 though he’s only 38, fell to Republican George Lavender, who raised large amounts of cash in the final few weeks of the race. And Rep. Jim McReynolds, D-Lufkin, lost to Republican James White, a Hillister educator.

Incumbent Kirk England, D-Grand Prairie, fell to Republican Rodney Anderson, a title insurance manager. Rep. Allen Vaught, a military veteran and Democrat from Dallas, lost to Republican Kenneth Sheets.

Freshman fight

Freshman Democrats fell hard. First-term Dallas Rep. Robert Miklos fell to Republican businesswoman Cindy Burkett. Rep. Carol Kent, D-Dallas, lost to Republican Stefani Carter. Former Republican Rep. Bill Zedler won his seat back from freshman Democrat Chris Turner of Burleson. And Democratic Rep. Joe Moody lost to Republican businessman Dee Margo in El Paso — Margo’s third attempt to win a seat in the Texas Legislature and his second run against Moody. Kristi Thibaut, another freshman Democrat who was swept into office in 2008, lost in a race that probably gave some Houston voters déjà vu: Thibaut battled against former Republican state Rep. Jim Murphy, whom she defeated two years ago and who defeated her two years before that.

Surprise, Surprise

Some upsets appeared to come out of left field. Waco Rep. Jim Dunnam, leader of the House Democrats, fell in a stunning defeat to Republican Marva Beck of Centerville. The money was lined up for that and got plenty of attention, but even many Republican thought the race was out of reach. Incumbent state Rep. Paula Pierson, D-Arlington, fell to Republican challenger Barbara Nash, an Arlington real estate investor. Houston Democrat Ellen Cohen succumbed to a challenge from Republican attorney Sarah Davis. David Leibowitz, D-San Antonio, fell to Republican John Garza by a narrow margin. And Rep. Solomon Ortiz Jr., D-Corpus Christi, lost to Republican Raul Torres. Meanwhile, Rep. Pete Gallego, of Alpine, was narrowly leading Republican challenger Thomas Kincaid early Wednesday morning in a race few expected to be so close.

Hangers-on

Despite some rough headlines in the lead-up to the election, scandal-weary Republicans hung on. Embattled Republican state Rep. Joe Driver defeated Democrat Jamie Dorris in his Garland district, despite admitting he double-billed taxpayers for travel expenses. Republican Rep. Linda Harper-Brown, who failed to report that she was driving a luxury car owned by a state transportation contractor that employs her husband, defeated Democrat Loretta Haldenwang. And Waco Rep. Charles “Doc” Anderson defeated former Democratic Rep. John Mabry, despite revelations he repeatedly failed to pay his federal taxes.

Other highlights

Democratic Rep. Hubert Vo, of Houston, was one of the few incumbent Democrats to hang onto his seat. He defeated Republican Jack O’Connor.

Republican state Rep. Dwayne Bohac, of Houston, won another term in the Texas House despite the efforts of Democratic challenger Kendra Yarbrough Camarena, a teacher and daughter of former state Rep. Ken Yarbrough.

Dallas Republican Will Hartnett hung on to his seat against Democrat John Wellik, a healthcare executive.

Freshman Republican Rep. Ken Legler of Pasadena won a second term, beating out Democratic attorney Rick Molina.

Republican Tim Kleinschmidt of Lexington beat back a challenge from Democrat Pati Jacobs, a Bastrop rancher.

In Central Texas, three-term state Rep. Patrick Rose, D-Dripping Springs, state Rep. Valinda Bolton, D-Austin, and freshman state Rep. Diana Maldonado, D-Round Rock were all part of the massive Republican rout. In West Austin, state Rep. Donna Howard, D-Austin, held onto her seat with a 15-vote victory over Republican rival Dan Neil. Rose conceded early in the evening after being defeated by Republican Jason Issac, ending a bitter airwave war the two had been waging for weeks.

Robstown Democratic state Rep. Abel Herrero, who was first elected in 2004, won’t return for a fourth term in the state House. Republican Connie Scott, a Corpus Christi businesswoman and tort reform lobbyist, defeated the incumbent legislator.

State Rep. Yvonne Gonzalez Tourielles, a Democrat from Alice, lost to Republican Jose Aliseda, a rancher and former county judge from Bee County, in her bid for a fourth term in the Legislature.

THE STATEWIDES

They didn’t have to say it after a windfall of smashing GOP wins Tuesday night, but each of the winning statewide Republican candidates said it anyway. Lt. Gov. David Dewhurst put it this way: “What a great night it is to be a Texas Republican!”

Knowing that elsewhere in the state, the Republican majority in the Legislature was growing, Dewhurst offered a glimpse of what the overwhelming victories meant for the 2011 legislative session. He promised the assembled Republican supporters that the Legislature will pass a resolution urgins the U.S. Congress to constitutionally require a balanced budget. They will manage the state’s budget shortfall without raising taxes, he said. And they will “put the brakes on Obamacare.”

The only new face in the Republican statewide line-up is Railroad Commissioner-elect David Porter. He joined a united front of statewide candidates who clearly have their sights set on Washington, D.C.

“Today begins the countdown to Nov. 6, 2012,” said Agriculture Commissioner Todd Staples, noting that would be “the day we send a moving van to 1600 Pennsylvania Avenue.”

The statewide candidates made it clear that they will be looking to keep as much of President Barack Obama’s agenda out of Texas as they possibly can, particularly when it comes to health care. Attorney General Greg Abbott, currently leading a lawsuit over federal health care reform, told the crowd, “We’ve only begun the fight.” Fighting at his side is pistol-packing Land Commissioner Jerry Patterson, who captured the GOP mood when he took the stage to Tom Petty’s “Won’t Back Down.”

CONGRESS

Texas made a healthy contribution to the bumper crop of new Republican U.S. House members across the country. Bill Flores of Bryan, Francisco “Quico” Canseco of San Antonio, and Blake Farenthold of Corpus Christi will soon be the state’s newest members of Congress.

The GOP picked off two longtime incumbents: Chet Edwards, who has served CD-17 since 1990 and — in an upset —Solomon Ortiz, who has represented his South Texas district since 1983. They also reclaimed CD-23 from U.S. Rep. Ciro Rodriguez, who’s held the San Antonio-based district since he defeated Republican Henry Bonilla in 2006.

Of the three, Edwards lost by the biggest margin. Unofficial totals showed Flores with a 25-percentage-point lead over the Waco Democrat, who failed to win even McLennan County, his home. Ortiz, whose Corpus Christi-anchored district has been a safely Democratic seat, lost by a mere 799 votes out of more than 106,000 cast. All of those Republicans ran on national issues, hammering their opponents on their ties to national Democratic leadership and playing on voters’ concerns about healthcare, the budget deficit, and unemployment.

THE COURTS

There weren’t any surprises in the races for the highest courts: All Republican incumbents handily beat their Democratic challengers. On the Texas Supreme Court, Paul Green defeated Democrat state District Judge Bill Moody of El Paso. Recent appointees Debra Lehrmann and Eva Guzman won their first general election bids against Houston appellate judge Jim Sharp and Tyler lawyer Blake Bailey.

Of the three Court of Criminal Appeals judges facing re-election this year, only one, Michael Keasler, had a Democratic opponent. (Judges Lawrence Meyers and Cheryl Johnson both had Libertarian opponents). With incomplete totals, he was leading Austin criminal defense attorney Keith Hampton by a 25-point margin.

SBOE

Republicans had a good night on the State Board of Education, but the board may nonetheless edge toward more moderation next year. Six of the seven Republican candidates won outright. In the El Paso area, Republican Carlos Garza was leading a Democratic incumbent, Rene Nunez, by less than three percentage points with just a few precincts left to be counted.

The 15-member board generated national controversy earlier this year when it tinkered with the state’s textbooks. But some of its staunchest conservatives, Cynthia Dunbar and Don McLeroy, were not on Tuesday’s ballot.

In one of the most-watched races, in the Austin area, Republican Marsha Farney defeated her Democratic challenger, Judy Jennings, by a double-digit margin. In a second closely-watched race in the San Antonio area, Republican incumbent Ken Mercer soundly defeated Democratic challenger Rebecca Bell-Metereau.

LOCAL RACES

Incumbent District Attorney Craig Watkins, a Democrat, narrowly defeated challenger Danny Clancy, a Republican defense lawyer. Watkins, acclaimed for his work on exonerating the wrongfully convicted, has drawn criticism in the last year for his handling of an investigation into county constables.

Meanwhile, Democrat Clay Jenkins defeated Republican Wade Emmert in the race for Dallas County judge. And Dallas County District 4 Commissioner Kenneth Mayfield, a Republican, lost his fight for a fifth term against former Dallas City Council member Elba Garcia, who won by 5 percentage points. Despite the Republican crush across most of the state, Democrats will have a majority on the Dallas County court for the first time in roughly 30 years.

In the Bexar County DA’s race, incumbent Susan Reed, a Republican, defeated challenger Nicholas LaHood, an attorney whose campaign stumbled over news he was arrested for selling ecstasy in 1994. Meanwhile, Harris County Judge Ed Emmett, a Republican, handily defeated Democrat Gordon Quan.

In Nueces County, Republican District Attorney Anna Jimenez lost to Democrat Mark Skurka. Gov. Rick Perry appointed Jimenez, then a prosecutor in the DA’s child victims unit, to be district attorney in March after DA Carlos Valdez left. Skurka, who spent 10 years as chief prosecutor and another 10 years as first assistant district attorney, is vying for the final two years of Valdez’ unexpired term.

LOCAL PROPOSITIONS

The booze lobby in Dallas scored a huge victory with the passage of a pair of propositions that would amend the city’s strange liquor restrictions. One will allow stores across Dallas to sell beer and wine for consumption off premises — in other words, it will free more grocery stores to sell alcohol. The second proposition will allow restaurants in certain areas to serve alcohol without being classified legally as clubs, as is now the case.

Houstonians approved a ban on red-light cameras. Austinites approved a $90 million bond to improve roads and schools. And in the most important proposition that was not actually on the Texas ballot, check the California results for the latest on Proposition 23. Two Texas oil companies — Valero and Tesoro — incurred the ire of environmentalists by helping to fund the proposition, which would have suspended California’s landmark global-warming legislation. If it is defeated, the Golden State’s greens will rest easier.

This article originally appeared in The Texas Tribune at http://trib.it/dwCXwI.

Bill White Concession Speech, Houston, TX from texastribune on Vimeo.

by Elise Hu, The Texas Tribune
November 3, 2010

Gov. Rick Perry addresses hundreds of supporters in Buda after voters re-elected him to an unprecedented third full term in office. Hitting on a familiar theme, Perry said Texans were “tired of big government” and “fed up” with Washington’s intrusion into their daily lives.

This article originally appeared in The Texas Tribune at http://trib.it/de0Bla.

Bill White spoke to supporters in Houston as he publicly conceded defeat to Gov. Rick Perry.

Results

Perry maintained throughout the election that the Texas Governor’s race was a referendum on President Obama. His focus on the president, Washington D.C. and fawning media coverage has led many to think that he is making a run for president.

“I think probably the best display, the best concrete evidence that I’m really not running for president is this book, because when you read this book, you’re going to see me talking about issues that for someone running for public office, it’s kind of been the third rail if you will. … But these are issues that really need to be talked about” (Washington Post).

Gov. Rick Perry (R) wins reelection. Rep. Edwards (D) unseated in Waco. Lt Gov. David Dewhurst (R) wins reelection. Atty Gen. Greg Abbott (R) wins reelection. Susan Combs (R) reelected Comptroller. Agriculture Commissioner Todd Staples (R) reelected. Land Commissioner Jerry Patterson (R) reelected.

Sen. John Cornyn predicts GOP will not win Senate (CNN).

Rep. Chet Edwards, unable to withstand the anti-Democrat tide sweeping the country, falls to Bill Flores. Edwards was first elected to the House in 1992. The 17th congressional district has been named the most conservative district to be represented by a Democrat anywhere in the United States (Houston Chronicle).

Full Texas results

Around the nation: GOP Closing In On House; Senate Balance Tightens (NPR)

It’s the final installment of the PMT political podcast before Election Day on November 2.

Texas Public Radio’s Terry Gildea and PMT’s Michael Olson breakdown the latest developments in the Governor’s race and key U.S. House races in Texas.
[MP3]

Chance that Gov. Rick Perry (R) wins reelection: 93% (NYT)

Watch the full episode. See more KLRN.

Program: KLRN
Episode: Texas Decision 2010: State Representative
Recorded LIVE from the Robert L. B. Tobin studio at KLRN on Thursday, October 14. Candidates for State Representative: 117 (R) John V. Garza and (D) David McQuade Liebowitz 119 (R) Michael E. Holdman and (D) Roland Gutierrez 122 (R) Lyle Larson and (D) Masarrat Ali 124 (D) Jose Menendez and (L) Douglas P. Hanson 125 (D) Joaquin Castro and (L) Jeffrey C. Blunt (not participating)