The Mignon Memo

Lt. Governor David Dewhurst has appointed members to the newly created Senate Select Committee on Transportation Funding.  Sen. Tommy Williams (R-The Woodlands) will chair the committee and Sen. Robert Nichols (R-Jacksonville)
will serve as vice-chair.  Other members named to the panel include Sens. Juan
“Chuy” Hinojosa ( D-McAllen), Donna Campbell (R-New Braunfels), Kevin Eltife (R-Tyler), Kel Seliger (R-Amarillo), Kelly Hancock (R-North Richland Hills), Carlos Uresti (D-San Antonio) and Judith Zaffirini (D-Laredo).  The committee, created by House Bill 1 from the Third Called Session of the 83^rd Legislature, will oversee highway infrastructure improvements.  Dewhurst has asked the committee to specifically look into roads targeted for conversion from paved to unpaved by the Texas Department of Transportation.

The November 5^th general election date is quickly approaching. Eligible Texans who are not registered to vote must register by October 7, 2013 to vote in the election.  The early voting period is October 21 through November 1.

The San Antonio federal court considering the state’s redistricting lawsuits issued an order last week that allows the March 4, 2014 primaries to proceed under the redistricting maps adopted by the 83rd Legislature during the First Called Session.  The court agreed to consider claims by Democrats, minorities and civil rights groups that the current maps discriminate against minorities, but they left the maps in place for the upcoming primaries.

Governor Rick Perry appointed Texas Supreme Court Justice Nathan Hecht as Chief Justice of the Court.  Hecht was first elected to the Supreme Court of Texas in 1988 and is currently the senior justice on the Court.

Rep. Rob Orr (R-Burleson) announced that he will not seek reelection to his House District 58 seat. Orr has served in the Texas House since 2004.

Former state representative Wayne Christian announced he will be a candidate in the Republican primary for the open spot on the Texas Railroad Commission.  Christian joins five other Republicans in that race.

Gov. Rick Perry appointed Roberto De Hoyos of Austin to the Texas Parks and Wildlife Commission for a term to expire Feb. 1, 2019.  De Hoyos is the director of institutional relations at Tenaris North America, and former principal of Ryan LLC, a corporate tax service firm.

Wallace Jefferson, Chief Justice of the Texas Supreme Court, announced that he will resign at the end of this month. Chief Justice Jefferson has served on the Court since 2001 when he was appointed by Gov. Rick Perry.  Gov. Perry can elevate another justice on the Court to serve as chief justice or appoint a new person to serve in that role.  

Today is the final day for candidates to file paperwork to run in special election to fill the House District 50 seat left vacant after former Rep. Mark Strama (D-Austin) resigned.  The election will be held on November 5, 2013.   Declared candidates include Democrats Jade Chang Sheppard, Celia Israel and Rico Reyes along with Republican Michael Cargill. The winner will serve the remainder of Strama’s current term which expires in January of 2015.

In other important news, the State Fair of Texas announced this year’s winners of the Big Tex Choice Awards for fried food on Monday.   The “Best Taste” honor went to a deep-fried Cuban roll filled with chopped ham, pork shoulder, cheese and pickles.  The honor for “Most Creative” went to a Thanksgiving dinner of stuffing, turkey and cream corn rolled into a ball and deep fried.  These dishes and countless other examples of fried food will be for sale during the State Fair of Texas which runs from September 27 through Oct. 20, 2013.

Rep. Jim Pitts (R-Waxahachie) announced last week that he would not run for reelection in House District 10.  Pitts, who has served as Chairman of the House Appropriations Committee since 2009, was first elected to the Texas House in 1992.  Pitts also served on the Waxahachie Independent School District board for 14 years. 

Gov. Rick Perry has named Darrell D. Dávila as Director of Governmental Appointments in the governor’s office. He replaces Bech Bruun, who was recently named a new full-time member to the Texas Water Development Board.

As you may have heard, today is the 50^th anniversary of the Rev. Martin Luther King, Jr.’s “I Have A Dream” speech delivered at the March on Washington.  Many people have only heard portions of the speech since King filed a copyright on the speech.  Here is a link to the full text of the speech from the National Archives website: http://www.archives.gov/press/exhibits/dream-speech.pdf

Rep. Harvey Hilderbran (R-Kerrville) announced that he will enter the race to replace Texas Comptroller Susan Combs.  Hilderbran joins fellow Republicans Sen.
Glenn Hegar (R-Katy), former state Rep. Raul Torres, and former gubernatorial
candidate Debra Medina, in the race. No Democrats have announced plans to run
for the seat at this time.

Rep. John Davis (R-Houston) will not seek reelection to his House District 129 seat.
Davis has served in the Texas House since 1998.

Gov. Rick Perry has appointed Brandy Marty to the open spot on the Public Utility Commission. Marty most recently served as Perry’s Chief of Staff.

Gov. Rick Perry also announced his appointments for the new governing body of the Texas Water Development Board.  Carlos Rubinstein, currently a member of the Texas Commission on Environment Quality, will serve as chairman of the three-member governing board. Rubinstein previously served as water master for the Rio Grande River and has also worked on environmental infrastructure and other issues on the Mexican border. The remaining two members will be Mary Ann Williamson, energy executive and current chair of the Texas Lottery Commission, and Bech Bruun, Perry’s director of governmental appointments who previously served as government and customer relations manager for the Brazos River Authority.

Sadly, Cindy Hughes Zerwas, wife of Rep. John Zerwas, passed away yesterday after a valiant fight against brain cancer.  A public memorial service will be held this Saturday, August 24th in Sugar Land, Texas.

Gov. Rick Perry announced several staffing changes this week.  Kathy Walt was named chief of staff. Walt, a long-time adviser and staffer with the governor, began as his press secretary in 2000 and has most recently served in the governmental affairs office at the Lower Colorado River Authority.  Perry also named Jonathan Taylor as director of the Economic Development and Tourism Division and Aaron Demerson as senior advisor for economic development.

Former state representative Rodney Anderson announced that he will challenge Rep. Linda Harper-Brown (R-Irving) in the March Republican primary for House District 105. Harper-Brown and Anderson were paired in the same legislative
district after the 2011 redistricting process but Anderson chose not to run in 2012 for House District 105.

On September 1st, provisions of 698 bills passed during the regular session of the 83rd Legislature will take effect.  Many of these provisions will impact every Texan as well as visitors to our state. Here are some examples:

• Texas students entering high school this fall will take 5 state exams instead of the 15 exams previously required (House Bill 5)
• Advanced practice registered nurses (APRNs) and physician assistants (PAs) will be allowed to prescribe or order drugs and devices, including certain controlled substances, under a physician’s supervision (Senate Bill 406)
• Texans under the age of 18 will be prohibited from using a tanning bed or device unless the child’s parent or legal guardian, in person at the facility, consents in
  writing (Senate Bill 329)
• Members of the public, including students, may now store a legal firearm or ammunition in their locked vehicle while parked on the campus of a public or private institution of higher education (Senate Bill 1907)
• The penalty for hit-and-run fatalities will be equal to that for intoxicated manslaughter – a second-degree felony, with a maximum penalty of 20 years (Senate Bill 275)
• Small production breweries will be allowed to sell their products directly to customers to drink in the brewery’s tasting room (Senate Bill 518)
• Texas motorists may now provide an image displayed on a wireless communication device that serves as proof of liability insurance (Senate Bill 181)

The Texas Legislature adjourned the Second Called Session sine die on July 30, 2013 after failing to adopt legislation to increase funding for the state’s transportation infrastructure are ongoing. Citing this failure, Gov. Rick Perry called a Third Called Session to begin at 4:30pm on July 30.  The call includes only legislation to increase funding for the state’s transportation infrastructure but rumors indicate that other issues may be added if a deal on transportation is reached.  The Texas Senate took
immediate action, passing Senate Bill 1 and Senate Joint Resolution.  This legislation, identical to House Bill 16 and House Joint Resolution 2 from the Second Called Session, will be used as a starting point for negotiations.  Speaker Straus appointed a Select Committee on Transportation Funding to consider legislation during this called session. That committee is scheduled to meet tomorrow, August 1.  Both the House and Senate will reconvene in floor sessions on Monday, August 4.

As noted above, Speaker Joe Straus appointed seven House members to the House Select Committee on Transportation Funding.  The Committee will be chaired by Rep. Larry Phillips (R-Sherman).  Other members include Rep. Cindy Burkett (R-Mesquite); Rep. Charlie Geren (R-Ft. Worth); Rep. Linda Harper-Brown (R-Irving); Rep. Todd Hunter (R-Corpus Christi); Rep. Sergio Muñoz, Jr. (D-Mission); and Rep. Senfronia Thompson (D-Houston).

While these special sessions continue, many Texans wonder if state legislators can accept campaign contributions while participating in a special session. The answer is yes.  The moratorium on contributions during a legislative session only applies to a regular session and the veto period following the regular session.  Legislators, statewide officeholders and candidates for those positions are required to file special session reports including all contributions accepted during each special session.  These reports must be filed no later than the 30^th day following final adjournment of each special session. The special session report for the First Called Session was due July 25, 2103 and the report for the Second Called Session will be due no later than August 29, 2013.  If no contributions were accepted during the reporting period, no report is filed.

The Second Called Session of the Texas Legislature continues on.  The House and
Senate have floor sessions scheduled for tomorrow and negotiations continue on
proposals relating to the funding of the state’s transportation infrastructure.

Rep. Dan Branch (R-Dallas) announced his campaign for Texas attorney general this week.  He joins Texas Railroad Commissioner Barry Smitherman in the race to replace Texas Attorney General Greg Abbott.

Once Rep. Branch announced his candidacy for higher office, two Dallas attorneys announced they will seek his House District 108 seat.  Chart Westcott and Morgan
Meyer will face off in the Republican primary.

Texas Attorney General Greg Abbott launched his campaign for governor over the weekend. Abbott joins Tom Pauken in the race on the Republican side.  No announcements yet from the Democrat side.

The Second Called Session of the Texas Legislature remains ongoing. House Bill 2 relating to the regulation of abortion procedures, providers, and facilities and Senate Bill 2 relating to the punishment for a capital felony committed by an individual younger than 18 years of age have passed and been sent to Governor Perry for signature.  The House and the Senate are trying to reach agreement on legislation to provide additional funding for the state’s transportation infrastructure. Members have until July 30th, the last day of this special session, to find common ground.

Gov. Rick Perry ordered a special election to fill House District 50 left vacant due to former Rep. Mark Strama’s resignation. The election will be held on November 5, the general election date.  The winner of the special election will complete the remainder of Strama’s term.

Texas A&M University President R. BowenLoftin announced Friday that he would be stepping down from his post and returning to teaching. Loftin will serve as a tenured professor in A&M’s Department of Industrial and Systems Engineering in the Dwight Look College of Engineering.  A national search will be conducted for his successor.

Gov. Rick Perry announced Monday that he will not seek re-election as governor. Perry has served in the post since 2000. Despite rumors to the contrary, Perry did not announce any future plans regarding a second run for President of the United States.

The Second Called Session of the Texas Legislature is ongoing. The Texas House has passed House Bill 2 relating to the regulation of abortion procedures, providers, and facilities; providing penalties.  That bill now moves to the Texas Senate.  Bills related to transportation funding and the punishment for a capital felony committed by an individual younger than 18 years of age are expected to be debated later this week.

Several political announcements were made this week. Rep. Stefani Carter (R-Dallas) will run for the Texas Railroad Commission.  Rep. Harvey Hilderbran (R-Kerrville) announced that he will not seek re-election to his House District 53 seat. He is expected to announce a run for state comptroller.  After Governor Perry’s announcement Monday, we expect to see more announcements from state legislators running for statewide posts.

Texas Comptroller Susan Combs reported that state sales tax revenue in June was $2.17 billion, up 9.1 percent compared to June 2012.  Local sales tax allocations to
cities, counties, transit systems and special purpose taxing districts will total $578.3 million.