Two Rounds Likely Needed in SD-4 Special Election

State Sen. Tommy Williams, R-The Woodlands, during a state budget debate on March 20, 2013.
State Sen. Tommy Williams, R-The Woodlands, during a state budget debate on March 20, 2013.

It’s less than a month before voters in Montgomery, Harris, Galveston, Jefferson and Chambers counties choose whom they want to succeed Tommy Williams in the state Senate.

At this point, the surest thing you can say about the May 10 special election in SD-4 featuring a four-man Republican field is that it will probably be going to a runoff. All special elections are crapshoots to one degree or another. This one might be harder to call than others.

Let’s start with the timing of the election. It’s taking place on an election date filled with municipal elections, which will draw less attention than the party runoffs scheduled for just 17 days later. It would be fair to say this contest is being big-footed by the higher-profile statewide runoff contests, such as the one for lieutenant governor.

Also, there seems to be little that separates the contenders, either geographically or ideologically.

All four candidates — state Reps. Brandon Creighton and Steve Toth, The Woodlands Township Director Gordy Bunch and former state Sen. Michael Galloway — hail from the Montgomery County side of the district.

They all have claims to the committed conservative voter prevalent in SD-4. The Woodlands-based Texas Patriot PAC, for instance, gave a group endorsement to Creighton, Toth and Bunch.

Reaching voters is a challenge as well in a district that falls into two media markets — Houston and Beaumont — and where spending in one of those markets (Houston) is largely wasted on reaching non-district voters.

On the money front, the contest is led by Creighton, who has amassed almost $900,000 in his campaign war chest through his four terms in office, and Bunch, who has the ability to self-fund and reports about $360,000 in cash on hand.

Toth, meanwhile, is reporting about $43,000 in cash on hand, and Galloway, banking on name ID from his time in office in the 1990s and subsequent primary challenges to Williams, has just $6,000.

Creighton, Bunch and Toth have spent some money on ad buys. Toth and Bunch have gone up on cable systems in Houston and Beaumont, while Creighton has bought broadcast airtime in Beaumont. Toth has spent the most — $54,000 for ads running from April 9 through May 11. Creighton has spent the least — $21,000 — but he’s only purchased a week’s worth of ads. Bunch has spent close to $38,000 on 10 days’ worth of ads.

Still, the biggest challenge here is getting voters’ attention and making sure they know that an election is happening on May 10. As is often the case, the biggest rewards should go to the campaigns that execute the best on the blocking and tackling work of identifying and turning out their voters.

Railroad Commission Contest Grows Heated

Candidates for Texas Railroad Commissioner, Ryan Sitton, left, and Wayne Christian.
Candidates for Texas Railroad Commissioner, Ryan Sitton, left, and Wayne Christian.

The GOP runoff for railroad commissioner between former state Rep. Wayne Christian and Ryan Sitton is heating up with dueling high-profile endorsements and renewed scrutiny of one candidate’s possible conflict of interest.

Sitton told the Tribune in February that he would keep an active stake in his energy consulting firm if he’s elected commissioner. He said, though, that he would step back from daily duties with the firm.

That has drawn criticism from Christian. This week, it drew a skeptical response from House Energy Resources Committee Chairman Jim Keffer, R-Eastland, who said, “It’s a loaded revolver he’s playing roulette with here.”

Sitton on Thursday tried to defuse the controversy by saying he would step down as CEO and put the company, PinnacleAIS, into a blind trust if he’s elected commissioner.

“Our research shows that in exactly zero cases in the last several years would I have been required to recuse myself,” Sitton said in a statement. “However, due to the Obama-like tactics employed by my opponent, I feel the need to remove any questions about my motives.”

Meanwhile, Sitton this week announced an endorsement from Railroad Commission Chairman Barry Smitherman, the man whom Sitton is running to replace. Christian responded a couple of days later with the release of a list of 16 state representatives and a state senator — Donna Campbell of New Braunfels — who are backing Christian for railroad commissioner.

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Lt. Gov. David Dewhurst delivered his first attack ad of the runoff campaign against Dan Patrick in an attempt to shake up a dynamic that has tipped in favor of the challenger.

The ad, which dropped the day after Patrick’s high-profile debate with Julián Castro on immigration, criticized Patrick for not paying debts forgiven in bankruptcy and for changing his name from Danny Goeb.

The ad drew a sharp rebuke from the Patrick campaign. In a statement, the campaign accused Dewhurst of “polluting the airwaves, spewing raw sewage, and personally attacking Dan Patrick.”

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In campaign contribution news, Attorney General Greg Abbott announced on Thursday that he would start taking donations by Bitcoin. Because the virtual currency is not treated as legal money, the Abbott campaign will treat those donations as in-kind.

U.S. Sen. Ted Cruz, R-Texas, continues to spur speculation that he plans to run for president in 2016. The freshman senator reported raising close to $900,000 in the first quarter of 2014 and now has a bit more than $2 million banked.

For what purpose? We will presumably soon find out.

A Politico article did point out that his fundraising is down from a peak reached during the government shutdown last year, signaling perhaps that his identification with that political issue might have driven many to write checks to him.

Newsreel: Wallace Hall, Castro vs. Patrick, Mike Collier

This week in the Newsreel: Travis County prosecutors are eyeing a report on UT Regent Wallace Hall, Julián Castro and Dan Patrick duke it out in San Antonio and comptroller candidate Mike Collier stops by a TribLive event.

Inside Intelligence: About That Surplus...

Ask our insiders in government and politics about what will happen if there is a budget surplus next January and nearly half will yell “tax cuts” back at you, while 28 percent expect no changes and 22 percent think lawmakers will increase spending.

They split on the question of what lawmakers will do when it comes to property taxes. About two in five expect new restrictions on appraisal increases and about the same number expect nothing at all. Only 1 percent said lawmakers will abolish or replace those taxes.

A surplus means there will be no new gambling allowed in the state of Texas, though we didn’t ask this time whether gambling would be a possibility if the state is hunting for money. It is not, and 98 percent said you can stick that gambling idea back in its suitcase. Finally, we asked what tax lawmakers are most likely to cut, if they cut taxes. Three out of four said business franchise taxes would top that list.

We collected comments along the way and have attached a full set of those. Here’s a sampling:

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With a state budget surplus ahead in 2015, what do you think is the most likely outcome?

• "It depends on the outcome of the pending school finance lawsuit, which could potentially cost the state several billion dollars."

• "The votes won't be there for a tax cut, regardless of what the T Party wants."

• "It is likely that some will be reserved for a special session on school finance."

• "Roads and education are due."

• "Don't we have chronic HHS funding issues each session, not mention the pending public school finance case hanging around? Throw in the *need* for increased infrastructure spending (roads!) and I don't see how we throw cash to those items and also cut some taxes. But they'll try. Bless their hearts."

• "1) It's not a 'surplus' if it's not enough to maintain the current level of services, to say nothing of getting us back to the halcyon days before the recession. 2) Increased spending is unavoidable, just to keep up with population growth and catch up on deferred maintenance. But there will be plenty of tax cut proposals - one or more of which are sure to pass."

• "1st, satisfy courts by funding schools. 2d, deliver red meat tax cuts. 3d, fill selected holes in budget."

• "There may be some spending adjustments for some things that did not get taken care of in the supplemental appropriations in 2013, but the surplus will provide an irresistible opportunity for the Legislature to gain headlines by cutting taxes."

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What is the Legislature likely to do with property taxes in 2015?

• "The cost of abolishing or replacing property taxes is just too high, and restricting appraisal increases has landmines of its own. So, a property tax cut is probably the easiest, most predictable, and maybe even the least expensive."

• "The easy fix is to restrict appraisal increases. I'd bet on that."

• "Nothing happens until the courts weigh in on school finance."

• "How about an increased homestead exemption for school taxes or an optional flat-dollar-amount homestead exemption for other local property taxes."

• "A new senate may be particularly interested in capping residential values, but business groups will point out that that just means an increase in taxes on them."

• "It's the 'something else' that has us all worried."

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With a budget surplus expected, do you think lawmakers will legalize any new gambling in Texas?

• "With an even more conservative House and Senate...hell no!"

• "If the Legislature hasn't done so in the face of shortfalls, why would they do it in a session when they have a surplus?"

• "Texans will keep on sneaking off to other states to play. There's little compelling need to expand gambling now."

• "Having lobbied gaming issues for 12 years I can tell you that budget surplus or budget shortfall, either way makes no difference at all. New gaming will never pass so long as the Tea Party has any significant influence. Tea Partiers don't care about the libertarian argument that gaming revenue is 'voluntary' by the person paying. They care that government should be as small as possible, and so they oppose ANY new revenue for the state. The threat of being primaried keeps moderate Republicans from giving any serious consideration to gaming, and Democrats hold a minority of seats in both chambers. Tell me again your plan for getting a 2/3rds vote in favor? The sad part is that this dynamic allows fundamentalist Christian groups to claim victory when in fact they did NOTHING since the fight never even got started."

• "The Oklahoma tribes have way too much money invested in Texas."

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If lawmakers did cut taxes, which taxes are they most likely to cut?

• "Follow the business donations"

• "The business franchise tax is most likely first in line to be cut (again), followed closely by a property tax cut. These two taxes have powerful political constituencies. The old workhorse sales tax will probably have to stay at 6.25% in order to cover the future costs of the cuts the legislature will bestow."

• "Sales is the natural tax to cut, because everyone pays it: business, consumers, visitors, residents, illegals, everyone. Everyone would get a little."

• "This might be the session where the mandate to use franchise taxes for school finance finally gets fixed."

• "Remember when the franchise tax mantra was low rate, broad base? Yeah, that's a thing of the past. They'll keep raising the exemption amount so only a small group of companies ever pay anything."

• "The sales tax offers too little to have any real impact. Something that impacts business and further adds to the business friendly climate will be the route taken."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Victor Alcorta, Brandon Alderete, Clyde Alexander, George Allen, Charles Bailey, Tom Banning, Dave Beckwith, Amy Beneski, Andrew Biar, Allen Blakemore, Tom Blanton, Chris Britton, David Cabrales, Raif Calvert, Kerry Cammack, Marc Campos, Thure Cannon, Snapper Carr, William Chapman, Elna Christopher, Kevin Cooper, Beth Cubriel, Randy Cubriel, Denise Davis, Eva De Luna-Castro, June Deadrick, Nora Del Bosque, Glenn Deshields, Holly DeShields, Tom Duffy, David Dunn, Richard Dyer, Jeff Eller, Jack Erskine, John Esparza, Jon Fisher, Neftali Garcia, Norman Garza, Dominic Giarratani, Bruce Gibson, Stephanie Gibson, Eric Glenn, Kinnan Golemon, Daniel Gonzalez, Jim Grace, John Greytok, Clint Hackney, Anthony Haley, Wayne Hamilton, Bill Hammond, John Heasley, Ken Hodges, Steve Holzheauser, Laura Huffman, Deborah Ingersoll, Cal Jillson, Jason Johnson, Mark Jones, Walt Jordan, Robert Kepple, Richard Khouri, Tom Kleinworth, Ramey Ko, Sandy Kress, Dale Laine, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Leslie Lemon, Ruben Longoria, Matt Mackowiak, Luke Marchant, Steve Minick, Bee Moorhead, Mike Moses, Steve Murdock, Keir Murray, Nelson Nease, Keats Norfleet, Pat Nugent, Nef Partida, Gardner Pate, Jerod Patterson, Robert Peeler, Jerry Philips, Tom Phillips, Wayne Pierce, Allen Place, Kraege Polan, Jay Pritchard, Jay Propes, Ted Melina Raab, Tim Reeves, Patrick Reinhart, David Reynolds, Carl Richie, Jeff Rotkoff, Grant Ruckel, Jason Sabo, Luis Saenz, Andy Sansom, Jim Sartwelle, Barbara Schlief, Stan Schlueter, Bruce Scott, Robert Scott, Ben Sebree, Christopher Shields, Nancy Sims, Jason Skaggs, Ed Small, Martha Smiley, Larry Soward, Dennis Speight, Tom Spilman, Jason Stanford, Bill Stevens, Bob Strauser, Colin Strother, Sherry Sylvester, Jay Thompson, Gerard Torres, Trey Trainor, Vicki Truitt, Ware Wendell, Ken Whalen, David White, Darren Whitehurst, Woody Widrow, Seth Winick, Peck Young, Angelo Zottarelli.

The Calendar

Wednesday, April 23

Thursday, April 24

  • 2014 Annie’s List Austin Luncheon, featuring Wendy Davis and Leticia Van de Putte; Hilton Austin (noon) 
 

The Week in the Rearview Mirror

State Sen. Dan Patrick, R-Houston, and San Antonio Mayor Julián Castro traded barbs in a televised debate on Tuesday. The topic ostensibly was immigration, but the exchange touched on other hot-button topics such as abortion.

Lawmakers held a hearing on what can be done a year after the fertilizer explosion in West to avoid a similar disaster in the future. Some potential reforms were put forward, but big changes would be difficult in Texas, where new regulations are viewed skeptically.

A report on alleged wrongdoing by UT System Regent Wallace Hall in handling private student information was referred to Travis County prosecutors. The director of the Public Integrity Unit said he would need a week to determine whether his office would move forward with a case.

The Boats 'N Hoes PAC, the creation of an employee of GOP political consultant Allen Blakemore, was swiftly shut down after news reports surfaced of its formation. Democrats seized on the PAC name, attempting to associate it with GOP gubernatorial candidate Greg Abbott.

A federal judge denied an El Paso abortion clinic temporary relief from a new state requirement that physicians who provide abortions obtain hospital admitting privileges. The abortion provider had claimed the law placed an "undue burden" on women by forcing them to go to New Mexico for the procedure.

Two abortion doctors sued a Dallas hospital, claiming their admitting privileges were revoked after they became the target of anti-abortion protests. The doctors were given back temporarily their admitting privileges with a hearing on the matter scheduled for April 30.

Disclosure: The University of Texas at Austin is a corporate sponsor of The Texas Tribune. A complete list of Texas Tribune donors and sponsors can be viewed here.

Political People and their Moves

Railroad Commissioner Christi Craddick has been tapped to lead the Republican Party of Texas' Victory 2014 effort. The prime fundraising vehicle for the party, Victory 2014 raises the resources to support the party's get-out-the-vote activities for the fall general election.

Former Insurance Commissioner Mike Geeslin has been named executive director of the Texas Dental Association. He begins his new job on May 1.

Former state Rep. Aaron Peña was hired on at the Texas Department of Agriculture as assistant general counsel.

Oscar Garza is leaving state Sen. Juan "Chuy" Hinojosa's office for a job with Estrada Hinojosa Investment Bankers. His first day is May 1.

Strategic Public Affairs has hired a new manager, Libbie Krueger, and a new director, Ashley Kaden. Krueger worked in the Minnesota state Senate. Kaden has worked in the office of Texas House Speaker Joe Straus as well as for state Sen. John Whitmire, D-Houston.

Linda Estrada, campus secretary for Donna ISD's Runn Elementary School, was named to the National Education Association's board of directors. Her three-year term begins Sept. 1. Texas has three seats on the NEA's 160-member board.

Texas redistricting expert Michael Li has been hired by the Brennan Center at the NYU Law School. Beginning May 19, he will serve as counsel with responsibility for redistricting projects. He will also work on voting and election law issues. He said he plans to continue his blog on Texas redistricting, although it may change some in scope or presentation.

Quotes of the Week

This wasn’t about winning or losing, but I do feel that I won in San Antonio tonight because I got to discuss one of the most pressing public policy issues in our state.

State Sen. Dan Patrick, R-Houston, declaring himself the winner of this week's debate between him and San Antonio Mayor Julián Castro on immigration

Actually, you’re our meal ticket back in.

Castro, during the debate, answering Patrick's assertion that Democrats fear him

There were no winners in tonight’s ‘debate,’ but the clear losers were the people of Texas.

David Dewhurst political director Chris Bryan, disagreeing with Patrick on who won the debate

They’re giving me grief, saying this looks silly. In Houston, they’re saying, 'Well, this is your tax dollars at work, Dallas.'

State Rep. Jason Villalba, R-Dallas, on getting flak for his lonely quest to lure Sriracha maker Huy Fong Foods from California to North Texas

I'm going to take money from anybody that'd give me money.

Mike Collier, Democratic nominee for state comptroller, saying he would take contributions from people who have business before the comptroller's office

This is not predictive. This is just what’s going on now.

Democratic political consultant Jason Stanford playing down the results of a recent Public Policy Polling survey that has Republican candidates with double-digit leads in several statewide contests