Burnt Orange Report

Calendars Committee Racks Up Over $20,000 Tab For End of Year Party

Chaille Jolink — Thu, 23 May 2013 00:40:16 GMT

The Texas Tribune posted an eye-opening article earlier today, part of their amazing regular series "Bidness As Usual," regarding an end of session party that the House Committee on Calendars, one of the most powerful committees in the Legislature, had last Sunday night. The party was held at III Forks Steakhouse and apparently it was a big bash.

It is very common for committees in the Legislature to have end of session parties and invite staff and friends of the committee. What is not probably too common is the final tab the party racked up, which was $18,584.55, with a 20% tip of $3656.48 added, the total tab was $22,241.03.

Now according to the receipt 121 people had dinner, which is also a considerable about of people for the 15 member committee, and at $95.00 buck a pop it totals to half of the entire tab. The other half, around 7,000 was spend on booze, including three $135 bottles of Cabernet, and one lonely bud light.

According to the article, the tab was split 65 ways, each person paying roughly about $400. However, as tradition, no one from the committee paid, it was all paid by lobbyists. This is all perfectly legal, and relatively common, but still it gives one pause when as much money to buy a car or a starting salary, is spent in one night on a party celebrating some of the most powerful leaders in the Legislature, making some of the most important decisions in this state.

The Legislature is currently still in session right now, after working to up to midnight last night, the deadline to pass Senate Bills on the House Floor. The Democrats were successful at killing SB 11, which required drug testing for TANF applicants. TANF is Temporary Assistance for Needy Families, and is generally treated as an emergency entitlement. No word on if the House has reached a deal on SJR 1, the bill ensuring a budget deal is resolved regarding water funding . Currently the Senate is taking up HB 1025 which is the supplemental appropriations bill.

If the Legislature cannot negotiate a deal between these two bills, a special session is almost imminent. The last day of session is Monday, May 27th.

Republicans Vote to Fast Track Keystone XL & White House Pushes Back, Some

Joe Deshotel — Wed, 22 May 2013 20:33:32 GMT

On Tuesday, the White House released a statement declaring that a bill, H.R. 3, by Rep. Lee Terry (R-NE) to fast track a portion of the Keystone XL pipeline through the state of Nebraska, would be vetoed by the President. The measure will likely pass the Republican controlled house. The announcement doesn't focus on the politics but instead on process, claiming that the, "bill is unnecessary because the Department of State is working diligently to complete the permit decision process for the Keystone XL pipeline".

According to the statement, H.R. 3, would,

"(1) declare that a Presidential Permit is not required for the Keystone XL crude oil, cross-border pipeline, including the Nebraska reroute evaluated by the Nebraska Department of Environmental Quality;
(2) deem that the final Environmental Impact Statement issued by the Department of State on August 26, 2011, satisfies all National Environmental Policy Act and National Historic Preservation Act requirements; and,
(3) deem that Secretary of the Interior actions satisfy Endangered Species Act
requirements enabling the needed right-of-way."

In a talking points memo obtained by the Huffington Post, Organizing For America is reaffirms its position in support of the President's, stating that, "OFA supports and respects the process as it is currently underway." The organization prefers to work on changing the conversation on climate change and clean energy more generally.

That seems to be smart at least politically, because according to Pew, 2/3s of Americans want to see the pipeline built, and that is up from a Gallup poll taken last year. The political problem with the pipeline, even though it is expected to only create 35 permanent jobs and most of the oil will be shipped overseas, is that it fits neatly into the narrative about "Middle East" energy independence. In reality it only delays how soon the USA itself will be energy independent.

The President promised an "all of the above" approach to energy, so instead of making his stand in tar sands he's going to let the process unfold. Having the lengthy permitting process and opportunity to veto its subjugation from executive approval, allows him to show his diligence to the environmental community and gives them more time to organize against the pipeline. Some groups like Bold Nebraska are organizing at the county level around property and water rights issues and there is a film, "Above All Else", being made about the landowner who did a tree-sit on his property in Texas.

OFA says that it will, "work with local communities to switch to clean energy and promote the transition to renewable energy in cities and states nationwide.", "expose climate deniers as extreme and dangerous," and probably most important, "ask those in the middle, 'what's your plan?'." The 3rd part is crucial, and until the answer is no longer "build the pipeline", the most you will likely hear from the Administration until the next phase of permitting is mum.

Texas House Passes Three Amendments to CISPA-Like Bill

Ben Sherman — Wed, 22 May 2013 17:00:00 GMT

On Tuesday, the Texas House added three amendments to the CISPA-like bill flying through the Legislature. Clearly, all the attention now directed at this terrible bill is spurring action by state lawmakers. But the amendments completely fail to address the bill's serious privacy violations and some make the bill even worse.

Amendment 2

This amendment changes the target of government seizures from "an electronic communications service" to a "remote computing service". All this does is make it more clear that websites not based in Texas are going to be forced to comply with this bill.

The amendment also appears to remove the limit on how far back the state could seize personal records. The bill previously only applied to electronic communication that was less than 180 days old (so it prevented really old fishing expeditions). Under this version of the bill, it appears the government could seize years - or even the totality - of a person's online communication. This is a terrible change.

The amendment also made an important change by removing the ability of a "Designated law enforcement office or agency" to collect the data, leaving it to authorized peace officers. But this doesn't improve the bill very much - authorized peace officers are state agents who also should not be empowered with these broad abilities to seize private communications. It removes the ability for some political hack in a specific office or agency to file a request for electronic information - which is a good thing - but doesn't address the glaring privacy violations in this bill.

Read about the rest of the amendments below the jump.
Amendment 3

This amendment spells out exactly how a law enforcement officer must ask a judge for a warrant in order to acquire data that would show someone's location via a cell phone GPS. It seems that the original bill was so broad that it would let any law enforcement officer get that data.

The amendment also requires probable cause search warrants for cell-phone GPS location data. Unfortunately, this doesn't solve the permeating problem of unlimited seizures of private communication from third-party holders, the exposure of others' private communication, or how that information is handled.

The Texas Electronic Privacy Coalition celebrated the amendment. "That means government needs a warrant based on probable cause to read a person's digital content or track a person's location, regardless of where the data is stored or in what format," Coalition volunteer Scott Henson said in a press release. "Today, the Texas House took a major step forward." I fear their enthusiasm is premature.

Amendment 4

This amendment is poorly written and would make nonsensical law. It reads: "Use of Facial Recognition Technology by Retail Establishment Prohibited. A retail establishment may not use facial recognition technology for any purposes."

If you use Facebook at all, you know well that it has facial recognition technology. This amendment is probably aimed at banning retail stores from using surveillance cameras, but it was written so quickly and poorly that it appears to target Facebook and other websites with this technology. Ironically, on the day this amendment was introduced and passed, Google announced its new highly advanced facial and objection recognition software for Google+.

Once again, a tiny change to the bill actually makes it worse. It is blatantly clear that the Texas Legislature has rushed a bad bill through without serious consideration, and it must be scrapped completely.

These amendments show that Texas Legislature is feeling the pressure from Texans not to pass this bill. Please keep applying the pressure on members of the Texas Legislature to kill the bill by calling their offices or calling Governor Rick Perry at 512-463-1782 and telling him to veto the bill if it comes to his desk.

If we keep at it, we can scrap this bill and protect our privacy rights.

House Committee (Including Several Texas Reps) Votes to Cut SNAP Benefits for 2 Million Families

Emily Cadik — Wed, 22 May 2013 14:00:00 GMT

This month, the House Agriculture Committee approved a farm bill that would cut $20 billion from SNAP benefits (also known as food stamps). If enacted, the cuts would result in 2 million families losing their assistance, and over 200,000 children losing eligibility for the free school lunch program.

These cuts come at a time when the Recovery Act's temporary increase in SNAP benefits is already set to expire in November.

The Senate Agriculture Committee also approved cuts to SNAP in its version of the farm bill, but by only $4.1 billion. Fortunately, neither of these are close to where Paul Ryan wants the cuts - his latest budget reduced SNAP by $135 billion.

Read more after the jump.
The bill would make families ineligible for SNAP benefits if they have savings of as low as $2,001 or even if they own modestly-priced cars. According to the Center on Budget and Policy Priorities:

"A working family with a modest vehicle that has a market value of $5,000 to $10,000 - regardless of how little equity the household may have in the vehicle - could lose all of its SNAP benefits under the House Agriculture Committee bill. Such families often would need to choose between owning a car they may need to get to work and receiving help feeding their children."

"These cuts will increase hunger in Texas, primarily among households with children, elderly and the disabled," said Celia Cole, CEO of the Texas Food Bank Network. "Already, one-in-five Texas households struggles to afford food, including one-in-four children." This rate places Texas as one of the most food-insecure states in the nation.

Of the Texas delegation, Rep. Filemon Vela (D-Brownsville) and Pete Gallego (D-Alpine) supported amendments that would have prevented the cuts, but Rep. Gallego ultimately supported passage of the bill that included the cuts, along with Reps. Randy Neugebauer (R-Lubbock) and Michael Conaway (R-Midland).

Legislature Blocks Medicaid Expansion, Guns on Campus Stalls

Katherine Haenschen — Tue, 21 May 2013 22:52:23 GMT

As the 83rd Legislative session draws to a close, our elected officials are burning the midnight oil. Today, the following chart circulated on Twitter tracking the progress of both chambers:

Last night, the House cast a largely symbolic vote blocking the Medicaid Expansion provided by the Affordable Care Act -- though it's not like Governor $10,000-Degree-Oops-Hairdo-"Back Pain" was going to let that happen anyways. Over in the upper chamber, Senator Whitmire claims that concealed carry on campus doesn't have the votes to get to the floor.

Read more below the jump.
Rep. Jeff Leach Kicks Uninsured Texans While They're Down

Last night during the debate on SB 7, the Senate's bill on Medicaid, Republican Jeff Leach tried to make absolutely sure that no Texans can take advantage of the Affordable Care Act provisions to expand Medicaid to the millions of poor Texans who need it.

First, he put forth an amendment to block Medicaid eligibility for "any person who would not have been eligible for that assistance and for whom federal matching funds were not available under the eligibility criteria for medical assistance in effect on December 31, 2013." In other words, if the Legislature doesn't change the eligibility rules by the end of the year, then folks would be prevented from accessing the expansion in the future. It was withdrawn by Leach after Democrats Lon Burnam and Naomi Gonzalez made points of order against it, which were also withdrawn.

Undeterred, Leach offered the amendment again:

LIMITATION ON PROVISION OF MEDICAL ASSISTANCE.
Notwithstanding any other law, the department may not provide medical assistance to any person who would not have been eligible for that assistance and for whom federal matching funds were not available under the eligibility criteria for medical assistance in effect on December 31, 2013.

Despite more points of order and a failed motion to table by Rep. Richard Raymond, the amendment passed. So just in case anyone was worried that Texas might possibly expand Medicaid eligibility to our 28% of residents who lack insurance by any other means, fear not -- Leach has your back. Too bad he just doesn't give a damn about uninsured Texans.

Sen. Whitmire: Campus-Carry 'Doesn't Have Votes' in Senate

Parents of college-age Texans should be cheering the 2/3rds rule right now, as the Senate apparently lacks 21 members willing to let the watered down Concealed Carry on Campus bill, HB 972, make it to the floor for a vote. While some conservative activists have called the bill a failure for insufficiently forcing guns on unwilling campus faculty, staff, and students, the bill would still decriminalize the act of bringing a gun into a campus building. That is currently a felony.

However, opponents of the bill can't breathe easy just yet. From the Houston Chronicle today:

In the committee hearing last Tuesday, Whitmire warned opponents of campus carry that if the House bill that includes an opt-out provision is not passed this session, the more stringent version without a local option would be forced on Democrats in a special session where the 2/3 rule is not in place.

Additionally, AP reporter Jim Vertuno pointed out on Twitter that Senator Brian Birdwell (the man who wants your college kids to get mowed down in the crossfire) could try to amend the bill to the higher ed bill, but would risk a major floor fight to do so. With time running down and good bills dying, would it be worth it?

Oklahoma Has Class Act in Former Longhorn Kevin Durant

Edward Garris — Tue, 21 May 2013 21:00:00 GMT

In the midst of yesterday's unspeakable tragedy, Kevin Durant stands out as a class act. The devastating tornado that swept a path through and around Oklahoma Cityis reported to have left 24 people dead, and 237 injured, with many of the dead children at an elementary school that sat directly in the path of the tornado.

The fallout has been predictable in some ways; in other ways, not. As a solid backgrounder in The Atlantic makes clear, the tornado itself is not a surprise to studied observers, many Oklahomans, or others who live in Tornado Alley, notwithstanding the magnitude, horror, and personal loss coming out of the destruction.

President Obama signed a disaster declaration pledging federal aid to assist with local efforts in getting Oklahoma back on its feet.

Senators James Inhofe and Tom Coburn found themselves on the defensive, having opposed disaster relief in the past - specifically with Hurricane Sandy - and with Coburn's office today stating that any federal disaster relief to Oklahoma must be offset by cuts elsewhere in the federal budget.

Surprisingly, however, CBS News is reporting that across the Red River, the former Longhorn standout and current star for the Oklahoma City Thunder today gave $1 million to the American Red Cross for disaster relief in and around Oklahoma City. Although, as CBS News noted, to anyone who's ever covered Durant, this was no surprise either.

Ted Cruz's Amendment 3 Gutting Citizenship Now in Markup

americasvoice — Tue, 21 May 2013 20:11:39 GMT

Update: Cruz 3 has just been rejected on a 5-13 vote. Senators supporting a permanent, second-class status: Sessions, Lee, Grassley, Cruz, Cornyn.

Right now the Senate Judiciary Committee (#CIRmarkup) is considering Sen. Ted Cruz's amendment 3, one of the worst amendments that has been proposed to the Senate Gang of 8 immigration bill. Cruz seems to think that citizenship is a "poison pill" and that the only way the bill can pass through the House is without the pathway to citizenship.

We ask Ted Cruz: what does he want to do with Eric?

Find out below the jump.
Eric Balderas is a current undergraduate at Harvard College. Like Ted Cruz, he wasn't born in this country. Like Ted Cruz, he came to the US at a young age and settled in Texas, where he grew up, went to school, and eventually became his high school valedictorian. Like Ted Cruz, he attends an Ivy League university. Like Ted Cruz, Eric wants to pursue a career in public service. Watch a moving video about Eric here.

But unlike Ted Cruz, Eric does not have papers and is concerned about how much he will be allowed to contribute to this country, if he is not allowed to someday earn citizenship. If Sen. Cruz does not want immigrants like Eric to ever be able to attain citizenship, what is his proposed alternative? Does he want Eric to self-deport? Or to live forever as a second-class resident in the only country he's ever called home? What kind of vision for the country is either option, for a potential 2016 presidential candidate?

Cruz' speech in favor of Amendment 3 will haunt him in 2016 #cirmarkup @mittromeny
- David Leopold (@DavidLeopold) May 21, 2013

If Cruz runs in 2016, his failed amendment against path to citizenship could be a heavy albatross around his neck when comes to Latino vote
- Ana Navarro (@ananavarro) May 21, 2013

Here's Sen. Chuck Schumer pushing back against Cruz's damaging idea, which flies against the US' entire history of immigration policy:

If there is no path to citizenship, there is no immigration reform. You cannot have an America where people come to work and never achieve citizenship.
To go to a European type citizenship, which has clearly not worked over there...creates a sense of disparity, a sense of alienation. [Citizenship] is the heart of the bill.
This won't pass in the Senate. Won't have my vote, you won't have the vote of a lot of people.

Texas Legislature In Home Stretch

Chaille Jolink — Tue, 21 May 2013 13:30:00 GMT

In an exhaustingly long day in the Texas House yesterday, drama erupted on several occasions.

Earlier in the day during the local and consent calendar, Representative Ruth Jones McClendon killed several bills, one later on the general calendar, that were authored by Senator Huffman. As she stated in her must read op-ed piece yesterday, her intent is to not attack Senator Huffman personally, but to oppose her legislation on the House Floor "not because of policy issues, but because the public deserves an open and fair hearing process."

As Michael Hurta wrote yesterday regarding Representative McClendon's Op-Ed,

"Among the bills stalled in the Senate was Ruth Jones McClendon's bill that seeks to establish an Exoneration Review Commission in order to review and analyze the causes for wrongful convictions, gather objective data, and prevent further wrongful convictions from happening in Texas. McClendon complained on the House floor, and she continues to make her stand here. The Senate sponsor is Rodney Ellis."

Representative McClendon's issue with Senator Huffman holding up her bill is also reflective of a general frustration by House members with the Senate to not pass House bills that easily flew by in the Senate. All the dust has mainly settled, but an inquiry on the back mic yesterday revealed that the House had currently passed 525 Senate Bills and the Senate had only passed 283 House Bills at that time.

Later in the day during a very long debate in the House regarding a bill reorganizing the Texas Ethics Commission, several amendments came up regarding moving the Public Integrity Unity, which is currently housed in the Travis County District Attorney's Office, to be transferred to the Attorney General's Office. The Public Integrity Unit is headed by Travis County District Attorney Rosemary Lehmberg, who was convicted of a DWI last month.

Click on 'There's More' to see what happened.
One amendment regarding this issue failed, one was unanimously adopted, and one was withdrawn. In a moment of uncertainty in the chamber, the House briefly moved to reconsider the amendment that had failed top adopt (by a motion to table). This amendment would have completely transferred the duties and responsibilities of the Public Integrity Unit to the Attorney General's Office. Despite calls from Republicans to reconsider the failed amendment the House rules prevented the House to reconsider amendments that have failed by a motion to table, as the parliamentarian had to point out. With that the amendment was dead.

The amendment that was adopted unanimously creates a study by the Texas Ethics Commission in conjunction with the Supreme Court and the Texas Court of Criminal Appeals to see if the Public Integrity Unit should be moved to the Attorney General's Office "to maintain separation of powers between the judicial and executive branches" according to the wording in the amendment (note: not the Legislative branch, which does directly control the Attorney General's budget).

Finally in the later hours of the night, an amendment was tagged on a large Medicaid reform bill, SB 7. The amendment authored by freshman Representative Jeff Leach states that Texas Health and Human Services cannot currently add anyone else on Medicaid under new criteria, (in essence expand the program) without approval of the legislature. As overheard in the gallery, this is "unfair to the unborn" seeing as the program would probably need to change criteria in the next several years in order to accommodate the growing indigent population in Texas. This amendment can still get stripped in Conference Committee. Senate Bill 7 is an important and carefully constructed piece of legislation, and it is doubtful something as broad and politically charged as this gets put onto a bill like this.

The House adjourned just before midnight last night, and they are back at it again in the morning. The Texas Legislature Adjourns Sine DIe on Monday the 27th.