A Landmark Decision

A complaint filed with the Texas Ethics Commission.
A complaint filed with the Texas Ethics Commission.

Michael Quinn Sullivan's decision to fight the Ethics Commission at every procedural step has led to something historic — a challenge to the law requiring those who lobby the Legislature to register has now gone through the complete contested case process.

The Ethics Commission's finding that Sullivan should have registered as a lobbyist therefore constitutes "a landmark decision," according to the advocacy group for the Capitol's lobbyists.

In a letter to its members, the Professional Advocacy Association of Texas (PAAT) said the order demonstrates that the "lobby law has some teeth and failure to follow it has consequence. The purpose of the law — to inform the public about who is being paid to influence state policy — apparently has survived this test and compliments its broader impact: to establish a system that helps avoid corruption in government."

This is hardly the end of the story, though. Sullivan's attorney, Joe Nixon, was quick this week to confirm what had been expected — Sullivan will appeal the judgment to a state district court, where the findings by the Ethics Commission will be thrown out.

"The commission," Nixon said, "knows that its ruling will have no permanent effect, and we are excited to be in a court of law where the rules of evidence and procedure will predominate."

PAAT, in its letter to its members, noted that the commission would most likely be represented by the AG's office in any appeal. The Republican nominee for AG, Ken Paxton, is an Empower Texans endorsee who is a favorite of the movement conservatives for his challenge to House Speaker Joe Straus in 2010.

The next round of challenges will easily go into the next year and a new regime at the AG's office. If Paxton is elected (and that seems likely), what will he do?

As PAAT put it, "Think for a while on that one."

*****

Gov. Rick Perry on Tuesday set Sept. 9 as the date for the special election to fill the Senate seat vacated by Lubbock Republican Robert Duncan, setting off a seven-week sprint for the job.

Candidates have until Aug. 1 to file, but two early candidates — state Rep. Charles Perry, R-Lubbock, and former Bush 43 staffer Jodey Arrington — have already jumped in with both feet.

Perry will formally announce his candidacy on Tuesday at a Lubbock steakhouse. He also announced a high-profile endorsement on Thursday that demonstrates his grassroots conservative bona fides: Steve Hotze's Conservative Republicans of Texas PAC.

“Charles Perry epitomizes the citizen legislator. The taxpayers of his House District know they have a champion in Austin looking out for their interests, and now they should send him to the Texas Senate,” Hotze said in a statement.

Arrington, meanwhile, issued a statement following Perry's proclamation.

"Over the last few weeks, we’ve built a winning, grassroots campaign organization and raised enough money to get our message to every county across the district. People are looking for somebody who will get things done and advance the interests and needs of West Texas. I’m confident that we will be successful,” Arrington said.

Eppie Garza of Wolfforth has also expressed interest in running for the seat, which is up for grabs for the first time since 1996. Other candidates in the mix include Texas Tech regent John Steinmetz and Lubbock City Councilman Todd Klein.

Early voting begins Aug. 25.

*****

State Rep. Brandon Creighton, R-Conroe, garnered the endorsement of the Texas Patriots PAC in the Aug. 5 runoff election for SD-4. He squares off against fellow legislator Steve Toth, R-The Woodlands, for the vacant Senate seat.

GOP HD-23 candidate Wayne Faircloth has earned the endorsement of state Sen. Larry Taylor, R-Friendswood. Faircloth will face Democrat and former District Judge Susan Criss in the fall for the seat being vacated by Craig Eiland.

Dan Patrick, GOP candidate for lieutenant governor, was endorsed by the Texas and Southwestern Cattle Raisers Association for the general election.

*****

Move over, Ann Richards. Greg Abbott is the new king of the Alamo Drafthouse PSA.

For Candidates, War Chests Tell Different Stories

For campaigns, keeping a healthy fundraising balance serves an important practical function. Having plenty of cash on hand allows candidates to pay the bills for re-election campaigns that can become expensive in a hurry, depending on the caliber of the challenge.

Beyond that, though, a large campaign war chest serves other purposes. It can deter potential challengers. It can demonstrate candidates' legitimacy should they have ambitions to move up the officeholder ladder. It can even serve as a powerful signal to potential contributors that candidates are legit and that they are worth the investment.

Looking at the campaign fund balances for the major parties' top-of-the-ticket candidates tells different stories. Let's take a look:

The historic tenure of Gov. Rick Perry has had a huge impact on his fellow GOP statewide officeholders. Greg Abbott, for instance, has been frozen at attorney general since his election in 2002. With easy re-election campaigns every four years, Abbott has had plenty of opportunity to amass a robust war chest, which has hit record levels with his campaign for governor.

Wendy Davis has waged two tough general election campaigns to win and keep her Fort Worth-based state Senate seat. The more expensive race was her 2012 re-election campaign, illustrated by the dip in her campaign fund balance from July 2012 to January 2013. And it's worth noting the large bump up in July 2013, reflecting the political contributions that rolled in over the five days after her reputation-making abortion law filibuster. More recently, her coordinated fundraising efforts with Battleground Texas have pushed her totals to more like what would be needed to run effectively across the state of Texas.

Dan Patrick's campaign balances show one thing clearly: It isn't cheap trying to unseat a sitting lieutenant governor in the party primaries. But he did exactly that this year, defeating an incumbent who basically had access to a bottomless pool of money. Patrick now has the challenge of further rounds of fundraising to build up the campaign coffers for an expensive general election campaign.

Patrick's opponent in November, Leticia Van de Putte, has spent her career as a legislator and not a statewide officer. Her campaign balances reflect that. They are modest and show more than anything her easy paths to re-election. That, of course, has changed this year with her decision to run statewide. Like Davis, her fundraising this year is a joint effort with an affiliated campaign committee.

Perry's fundraising balances are interesting to look at as well, demonstrating both when he was gearing up for re-election as governor and when he was looking to run for president. Note the steady shrinkage of his campaign war chest since the beginning of 2013, attributable to both his lame-duck status in Austin and his increased attention to a second run for the White House.

Newsreel: Border Troops, Teacher Evaluations, Abortion Decline

This week in the Texas Weekly Newsreel: Texas will send 1,000 National Guard troops to the border, the state delays change to teacher evaluations and the number of abortions in the state has dropped.

Inside Intelligence: About That Texas National Guard...

Immigration and the National Guard in Texas dominated the news at the beginning of the week, and that’s the subject we chose for the insiders in government and politics this week.

A slight majority — 53 percent — said sending the troops to the border, as Gov. Rick Perry ordered this week, is a good idea. Queried about the reasons behind the order, 43 percent said it is a political move, 12 percent said it is a necessary one, and 42 percent said it’s a combination of the two.

A clear majority — 69 percent — said the governor and others will get a political boost out of the maneuver, and 56 percent said it will not increase the likelihood of the federal government paying more attention to immigration and border security issues.

We collected verbatim responses to the questions and a full set of those is attached. Here’s a sampling:

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Should Texas send National Guard troops to the border?

• "There are two problems to be solved: 1) securing the border, and 2) providing humanitarian aid to the children. The Obama administration has thus failed on both fronts."

• "Texas has the longest contiguous border with Mexico and the current crisis is happening in Texas. The Feds should step up to lead this effort; but since they've abdicated their duty and responsibility, it's up to Texas to take charge and help secure the border. It shouldn't be this way, but it's where we are."

• "WHAT AN IDTIOTIC RESPONSE! Why would you do that unless you wanted the 'wild west' reputation that our poor state already suffers to be further propagated? Mark my words - sending the National Guard to the border will result in someone shooting someone."

• "My answer would be an absolute yes, if they had the power to turn immigrants away from crossing out border. Why expend the money when we do not have the authority to send them home. We should have secured the border decades ago when we had Republican Presidents."

• "There may be some support they can provide to overwhelmed and probably exhausted border security personnel and local shelter operators but Perry's purpose is to give the impression to a national audience that he is taking control."

• "Military action not needed, humanitarian action is called for."

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Is sending the National Guard a political move or a necessary one?

• "This a rare instance where the 'right' thing to do, coincides with the politically expedient thing do to. Why can't the Obama administration see that?"

• "One billion percent political. Unless these babies and kids are coming across with pistols and bales of pot, we need an army of child care providers, not an army of, well, army."

• "The communities along the border are desperate and don't have the manpower."

• "It is totally politically driven to boost Governor Perry's national profile among Republican primary voters during the next Presidential election."

• "Is there any agreement on the nature of the problem? We should be thanking the cocaine users in this country for their continuing financial support of the gangs impressing into servitude and murdering children and families in Honduras."

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Does it give Gov. Rick Perry or anyone else in Texas a political boost?

• "When doing the right thing also happens to be the popular thing, that is always politically favorable."

• "Perry has to win a primary to become a presidential nominee. The R base is in full support of securing our southern border."

• "If being a genuine leader results in a political boost, then so be it. More power to him for looking out for the best interests of the state and country."

• "Perry gets a boost because he can show in vivid detail how Obama failed to lead."

• "National security is the major concern, not politics."

• "It looks good; accomplishes nothing."

• "I think it could backfire politically."

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Does it increase the likelihood that the federal government will pay more attention to border security and immigration issues?

• "No but it guarantees that the nation will and that will help the republican and hurt the democrat candidates with the independent voter this fall."

• "Why should the Fed govt step up NOW? Heck, they don't have to man the border AND they won't have to pay the tab (you don't really think the Fed govt will pick up the tab for this, do you?)."

• "Nope, but I'm sure if it was a swing state that needed help the resources would be as free flowing as the immigration."

• "No, not as long as 'the federal government' (read: White House) is intent on choosing politics over governing."

• "The federal government is paying lots of attention. Inaction is a political issue because of partisan extremists, not a matter of will."

• "Wasn’t aware of a lack of attention; dispute is over immigration policy between Rs and Ds in DC and a demonstrably obstructionist position of core Rs...And of course the usual Fed baiting by our red neck provincials"

• "Somehow, someway, we need to get their attention. President Obama would rather pay pool and drink beer than actually visit the border. It's a crisis."

Our thanks to this week's participants: Gene Acuna, Cathie Adams, Brandon Aghamalian, Victor Alcorta, Brandon Alderete, Clyde Alexander, George Allen, Jay Arnold, Charles Bailey, Dave Beckwith, Allen Blakemore, Tom Blanton, Chris Britton, David Cabrales, Lydia Camarillo, Kerry Cammack, Marc Campos, Thure Cannon, Snapper Carr, Janis Carter, Corbin Casteel, William Chapman, Elna Christopher, Beth Cubriel, Randy Cubriel, Curtis Culwell, Denise Davis, Hector De Leon, Eva De Luna-Castro, June Deadrick, Nora Del Bosque, Glenn Deshields, Tom Duffy, David Dunn, Richard Dyer, Jeff Eller, Jack Erskine, Jon Fisher, Norman Garza, Dominic Giarratani, Bruce Gibson, Stephanie Gibson, Eric Glenn, Kinnan Golemon, Jim Grace, John Greytok, Clint Hackney, Wayne Hamilton, Bill Hammond, Susan Hays, John Heasley, Ken Hodges, Steve Holzheauser, Laura Huffman, Deborah Ingersoll, Richie Jackson, Cal Jillson, Jason Johnson, Mark Jones, Robert Jones, Lisa Kaufman, Robert Kepple, Richard Khouri, Tom Kleinworth, Ramey Ko, Sandy Kress, Nick Lampson, Pete Laney, Dick Lavine, James LeBas, Luke Legate, Leslie Lemon, Myra Leo, Ruben Longoria, Vilma Luna, Matt Mackowiak, Luke Marchant, Mike McKinney, Steve Minick, Mike Moses, Keir Murray, Nelson Nease, Keats Norfleet, Pat Nugent, Sylvia Nugent, Todd Olsen, Gardner Pate, Jerod Patterson, Wayne Pierce, Richard Pineda, Allen Place, Royce Poinsett, Karen Reagan, Patrick Reinhart, David Reynolds, Chuck Rice, Kim Ross, Grant Ruckel, Luis Saenz, Andy Sansom, Jim Sartwelle, Barbara Schlief, Stan Schlueter, Bruce Scott, Robert Scott, Bradford Shields, Nancy Sims, Jason Skaggs, Ed Small, Martha Smiley, Larry Soward, Leonard Spearman, Dennis Speight, Bryan Sperry, Tom Spilman, Jason Stanford, Bob Stein, Bill Stevens, Bob Strauser, Colin Strother, Sherry Sylvester, Gerard Torres, Trey Trainor, Vicki Truitt, Ware Wendell, Ken Whalen, David White, Seth Winick, Peck Young, Angelo Zottarelli.

The Calendar

Friday, July 25

  • Democratic lieutenant governor candidate Leticia Van de Putte speaks at the reopening of the Texas Civil Rights Project; 1405 Montopolis Drive, Austin (5 p.m.)

Tuesday, July 29

  • State Rep. Charles Perry, R-Lubbock, announces his candidacy for SD-28 special election; 2549 S. Loop 289, Lubbock (11:30 a.m.-1 p.m.)

Thursday, July 31

  • State Rep. Celia Israel, D-Austin, holds a joint 50th birthday party/fundraiser; 1411 E. Seventh St., Austin (5:30-7:30 p.m.)
 

The Week in the Rearview Mirror

Gov. Rick Perry followed through on his threat to do something about border security, activating up to 1,000 National Guard troops. He said the Guard, which has strict limitations on what it can do in a law enforcement capacity, would serve as a "force multiplier" to state troopers already at the border as part of a surge operation. The federal government has plans to review Perry's action.

Perry's Guard announcement had one immediate impact: a planned binational border governors conference will be scaled back to only a dinner with the elected officials.

Two conflicting rulings by federal appeals courts cast some doubt on whether the federal government will be able to subsidize health care coverage purchased through the federally-run exchanges set up by the Affordable Care Act. Texas could be impacted because the state never set up an exchange but things will remain as is until the matter is settled by the courts.

Texas Education Commissioner Michael Williams told federal education officials the state would take an additional year to pilot a new teacher evaluation system based in part on student standardized test performance.

A new study concluded that abortions in Texas decreased by about 13 percent statewide and 21 percent in the Lower Rio Grande Valley after strict abortion regulations went into effect last November.

The Texas Ethics Commission has ordered Michael Quinn Sullivan, leader of the conservative advocacy group Empower Texans, to pay a $10,000 fine for failing to register as a lobbyist in 2010 and 2011. The ruling will be appealed in state district court and a final decision is not likely for a long time.

Two years after a national polling consortium opted to scale back its survey of Texas voters, the group plans to increase its exit polling in the state during this year's November elections.

Political People and their Moves

Lt. Gov. David Dewhurst appointed three new Senate committee chairmen:

•    State Sen. Charles Schwertner, R-Georgetown, was named chairman of the Health and Human Services Committee. He succeeds Jane Nelson, who was chosen to lead the Finance Committee.

•    State Sen. Craig Estes, R-Wichita Falls, was named chairman of the State Affairs Committee. He continues as chairman of the Agriculture, Rural Affairs and Homeland Security Committee.

•    State Sen. Kevin Eltife, R-Tyler, was named chairman of the Business & Commerce Committee. He continues as chairman of the Senate Administration Committee.

House Speaker Joe Straus appointed five members to a new legislative committee set up to review the Texas Lottery and Lottery Commission. Those members are: John Kuempel, R-Seguin (co-chairman); Giovanni Capriglione, R-Southlake; Garnet Coleman, D-Houston; Rick Miller, R-Sugar Land; and Senfronia Thompson, D-Houston.

Straus named 11 members to a newly created select committee that will focus on health care education and training. They are: Susan King, R-Abilene (chair); Cecil Bell, Jr., R-Magnolia; Travis Clardy, R-Nacogdoches; Garnet Coleman, D-Houston; Myra Crownover, R-Denton; Bobby Guerra, D-McAllen; Donna Howard, D-Austin; Joe Moody, D-El Paso; Chris Paddie, R-Marshall; John Raney, R-Bryan; and Justin Rodriguez, D-San Antonio.

Taylor Coffey joined the Texas Hospital Association as the group's vice president for federal affairs. She comes from the Texas Health and Human Services Commission where she was a federal affairs liaison.

Deaths: Phil Cates, a Democratic state representative who represented Shamrock from 1971 to 1979. After his legislative career, he lobbied for Tenneco and the Texas Association of Business. Most recently, he opened and ran his own lobby firm, Texas Stakeholders. He was 67.

Disclosure: The Texas Hospital Association and the Texas Association of Business are corporate sponsors of The Texas Tribune. A complete list of Texas Tribune donors and sponsors can be viewed here.

Quotes of the Week

I will not stand idly by while our citizens are under assault and little children from Central America are detained in squalor. We are too good a country for that to occur.

Gov. Rick Perry, explaining his decision to activate up to 1,000 National Guard troops to send to the Texas-Mexico border to back up personnel from the Department of Public Safety

They can provide intel support. They can be lookouts. But can they go out there and apprehend? Absolutely, under the law, they cannot do that.

U.S. Rep. Henry Cuellar, D-Laredo, on the inherent limits on what the National Guard can do on the border

We need our borders protected. We need a lot of things, but what we don’t need is more people at the trough. These people are not coming in with a good, Christian heart. Most of them are criminals, anyway.

Thomas Rolland, in a meeting where Tea Party activists accused state Rep. David Simpson, R-Longview, of not being tough enough on border security

When you run a state like Texas, you’ve got to be pretty darn smart.

Iowa resident Sharon Dickson after hearing Perry speak over the weekend in Clear Lake

Why would you give money to someone who’s going to lose a race and piss off the one who is going to win?

HillCo Partners co-founder Bill Miller, explaining one of politics' ironclad rules