The Mignon Memo

Rep. Donna Howard (D-Austin) maintained her slim margin of victory in her House District 48 race against Republican Dan Neil. Once the recount was complete, Howard led by 12 votes. Neil says he is considering filing an appeal which would be heard by the Texas House of Representatives when they convene in January.

On Tuesday, Gov. Rick Perry, Lt. Gov. David Dewhurst and House Speaker Joe Straus sent a letter directing each state agency to identify savings of 2.5 percent of their original general revenue and general-revenue-dedicated appropriations for the remainder of the 2011 fiscal year. These savings, along with those previously identified for the current fiscal year, will be part of the supplemental appropriations bill for fiscal year 2011.

In response to legislation carried by Rep. John Zerwas (R-Houston) last session, the Texas Department of Insurance and the Texas Health and Human Services Commission issued a joint report titled “Impact On Texas If Medicaid Is Eliminated.” A link to the report can be found here: http://www.hhsc.state.tx.us/HB-497_122010.pdf

Rep. Mike “Tuffy” Hamilton (R-Mauriceville) is recovering from triple bypass surgery after suffering a heart attack earlier this week.

As committees in the Texas House and Senate wind up their hearings on redistricting around the state, it looks like Texas will gain at least three and possibly four seats in the reapportionment of Congress, the process of redistributing the 435 Congressional seats according to population growth every 10 years. Louisiana is predicted to lose one congressional seat, as are Illinois, Iowa, Massachusetts, Michigan, New Jersey, New York and Pennsylvania. Ohio could lose as many as two seats.

We are 42 days away from the start of the 82nd Texas Legislature on Tuesday, January 11th. Newly elected members of the Texas Legislature are in Austin this week to receive training and for House members, to draw lots for their seniority. Seniority determines a member’s office, his or her desk on the floor of the Texas House as well as their parking spot.

Republican Dan Neil has filed a request with the secretary of state for a recount in House District 48 race. Unofficial returns showed Rep. Donna Howard (D-Austin) winning by 16 votes out of more than 51,000 ballots cast. The recount should take place this week.

Tom DeLay, the former U.S. House Republican majority leader was found guilty last week of money laundering and conspiracy in connection with the 2002 elections. He faces a possible sentence of five to 99 years in prison and a maximum $10,000 fine on the money laundering charge, and two to 20 years in prison and a possible $10,000 fine on the conspiracy charge.

Last Tuesday, the Texas House General Investigating & Ethics Committee met to look into a statement by Rep. Bryan Hughes (R-Mineola) that an ally of Speaker Joe Straus had made allegations of retributions in the redistricting process. Hughes did not publicly name the ally, but Hopson indicated that the conversation in question was between Hughes and Rep. Larry Phillips (R-Sherman). The Committee declined to act after finding that there was insufficient information to determine that any misconduct occurred.

Greg Coleman, Texas’ first solicitor general and later a prominent Texas appellate lawyer, was killed last week in a plane crash in northwest Florida. Coleman was former Texas Attorney General John Cornyn’s choice for the newly created post of Solicitor General in 1999.

Former Rep. Ismael ‘Kino’ Flores (D-Palmview) was convicted on six felonies and five separate misdemeanors. Flores was accused of intentionally omitting income sources and property holdings from required financial documents.

Last week Governor Rick Perry was elected Chairman of the Republican Governors Association. Perry, who last held the job in the 2008 cycle, replaces current Chairman Mississippi Governor Haley Barbour.

U.S. Rep. Solomon Ortiz (D-Corpus Christi) has conceded his Congressional District 27 seat to Republican Blake Farenthold, who kept his lead over Ortiz after a recount.

Gov. Rick Perry has named Ida Louise “Weisie” Steen of San Antonio chair of the 2011 Texas Inaugural Committee. Patty Huffines of Austin and Lana Andrews of Dallas have also been named as vice chairs of the committee. The Texas Inaugural will take place on Tuesday, January 18th.

Governor Perry has made several key appointments in the last few weeks. Debbie Montford of San Antonio was appointed to the Texas Tech University System Board of Regents for a term to expire Jan. 31, 2011. Perry also reappointed Jose Cuevas Jr. of Midland to the Texas Alcoholic Beverage Commission for a term to expire Nov. 15, 2015.

The race is on to fill the open seat left by the death of Rep. Edmund Kuempel (R-Seguin). There is a crowded field of 10 candidates including seven Republicans, two Democrats and one Libertarian. The Republicans are Ron Avery, an architect from Seguin; Chris Burchell, a law enforcement officer from Adkins; Jim Fish, a small business owner from Cibolo; Gary Inmon, an attorney and small business owner from Schertz; John Kuempel, a salesman from Seguin and son of Rep.Edmund Kuempel; Myrna McLeroy, who works in Petroleum Land Services from Gonzales and Robin Walker, a self-employed business manager and public relations consultant who ran against Rep. Kuempel in the 2010 Republican Primary. The Democrats are Daniel Rodriguez Andrade, a real estate business owner from Seguin; and Cheryl Dees Patterson, a realtor from Seguin. The Libertarian is Tony Gergely, a business owner from Seguin. The special election will be held December 14th.

The Legislative Budget Board, including Lt. Gov. David Dewhurst and Speaker Joe Straus, met on Monday to set the spending limit for the next two-year budget. State agencies were instructed to come up with additional budget cuts of up to 3 percent from their current budgets. Tax revenue for the current two-year budget, which ends next August, could bring in close to $4 billion less than previous estimates. Earlier this year, lawmakers called for agencies to reduce their piece of the $87 billion general fund by 5 percent. Those cuts produced only $1.2 billion in savings in the 2010-11 budget because certain areas were wholly exempt, including direct aid to school districts.

Debbie Irvine was appointed the new Executive Director of the Texas Legislative Council. Irvine, a longtime Council employee, has been serving as Interim Director. This position has been empty since the former Executive Director Milton Rister left to run for the Texas House.

The Texas House lost a beloved member last Thursday when Rep. Edmund Kuempel (R-Seguin) died of a heart attack. Kuempel suffered a massive heart attack late in the 81st legislative session in 2009 but was resuscitated that night by Rep. John Zerwas (R- Houston), a physician. Kuempel was first elected to the House in 1982 and most recently was Chairman of the House Committee on Licensing and Administrative Procedures. Governor Perry has announced that there will be a special election on December 14th to fill the House District 44 seat. Kuempel’s son, John, has already filed to run for the seat.

In House District 48, it looks like Rep. Donna Howard (D-Austin) will hold onto her slim margin of victory over Republican challenger Dan Neil. After the provisional and overseas ballots were counted, Howard held a 16 vote lead. Neil says he is considering whether to request a recount. The deadline to request a recount in writing is the second day after the governor’s canvass which should occur sometime between November 17 and December 2. That leaves the partisan balance in the Texas House at 99 Republicans and 51 Democrats.

Here are some interesting things to think about regarding last week’s election. In the five largest counties in Texas, 62 percent of voters cast straight ticket ballots. According to an analysis by the Texas Tribune, Gov. Rick Perry’s campaign spent $14.58 for every vote he received in the general election. Democrat Bill White spent $11.76.

Over at the Texas Capitol, bills are being pre-filed for the next legislative session. Almost 400 bills and joint resolutions were filed the first day alone. The session begins on Tuesday, January 11. Bills can be filed from now until March 11, the filing deadline.

Outgoing Railroad Commissioner Victor Carrillo will join the Fort Worth firm of Texas Right of Way Associates once his term expires after the end of this year. Carrillo, who was defeated in the Republican primary in March, will serve as a consultant to the firm that specializes in right-of-way acquisitions, land title research, mineral leasing, surveying and other services. Republican David Porter will take Carillo’s spot on the Texas Railroad Commission

Gov. Rick Perry has appointed Michael Martin of San Antonio to the Texas Racing Commission for a term to expire Feb. 1, 2015. Martin is a veterinarian and principal owner of Retama Equine Hospital Inc.

The results are in! Here are the “down and dirty” results of races of interest in Texas. For more detailed information, go to the Secretary of State’s website at http://www.sos.state.tx.us/elections/. A future memo will provide more detailed analysis of the Texas election results and the implications for the upcoming legislative session. We will also follow any possible recounts and election challenges.

GOVERNOR’S RACE

Governor Rick Perry soundly defeated challenger Bill White. Perry got 55 percent of the vote over Democrat Bill White who received 42 percent. Libertarian Kathy Glass got just over two percent. According to a Texas exit poll by The Associated Press and TV networks, Perry beat White among men, and they split the votes among women. Perry gained 65 percent of white voters, who made up more than two-thirds of the turnout in Texas. White ran better than Perry among minorities, getting 89 percent of the vote of African-Americans and 66 percent of the Hispanic vote. White won the votes of the under-30 crowd but Perry was the top pick of adults age 45 and older, who accounted for most of those who voted. White, the former Houston mayor, beat Perry almost 2-to-1 in the big cities, but was defeated by the governor in the suburbs and rural Texas. Perry also got most of the vote from independents. How much did this race cost? Together, Perry and White spent more than $62 million.
U.S. HOUSE

It was the Republicans night. Of the 32 members of the Texas delegation, 3 Democrat incumbents were defeated. In Congressional District 17, Republican Bill Flores defeated long time Congressman Chet Edwards (D-Waco). Congressman Ciro Rodriguez (D-San Antonio) lost a close race to Republican Francisco “Quico” Canseco in Congressional District 23 and Congressman Solomon Ortiz (D-Corpus Christi) lost to Republican challenger Blake Farenthold in Congressional District 27. The partisan balance of the Texas Congressional delegation now includes 23 Republicans and 9 Democrats.

STATEWIDE RACES

In the statewide races, it was a Republican sweep. Lieutenant Governor David Dewhurst (R) defeated Democrat Linda Chavez-Thompson. Attorney General Greg Abbott (R) defeated Democrat Barbara Ann Radnofsky. Comptroller Susan Combs (R) faced no major party opposition and won her race handily. Agriculture Commissioner Todd Staples (R) defeated Democrat Hank Gilbert. Land Commissioner Jerry Patterson (R) defeated Democrat Hector Uribe. In the race for a seat of the three-person Texas Railroad Commission, Republican David Porter defeated Democrat Jeff Weems.

TEXAS SENATE

In the Texas Senate, 15 of the 31 members were up for reelection. In the seat left open by the retirement on Sen. Eliot Shapleigh (D-El Paso), Democrat Jose Rodriguez defeated Republican Dan Chavez. Seven incumbent senators faced no major party opposition. There were seven general election contests that incumbent senator each won handily. That leaves the Texas Senate with 18 Republicans and 12 Democrats, the same partisan split as before.

TEXAS HOUSE

In the Texas House, all 150 seats were up for reelection. Nine incumbents did not seek reelection. Seven incumbents were defeated in the primary elections. (Republicans Delwin Jones, Tommy Merritt, and Betty Brown; and Democrats Norma Chavez, Tara Rios Ybarra, Doro Olivo, and Al Edwards) Eighty-two incumbents faced no major party opposition. Prior to the election, the partisan balance of the House was 77 Republicans to 73 Democrats. Due to the results listed below, the House partisan balance stands at 99 Republicans and 51 Democrats. If Rep. Donna Howard (D-Austin) fails to hold her 15 vote lead in House District 48, Republicans would have an even 100 seats in the Texas House. At this time, it appears that Speaker Joe Straus will continue as the House’s presiding officer. A press conference is scheduled for later today

Last night, 21 House incumbents were defeated, all Democrats. Republicans picked up an additional seat due to the partisan switch of House District 69 currently held by retiring Rep. David Farabee (D-Wichita Falls). Republican Lanham Lyle has won that seat. No Republican incumbents were defeated. Since a few of these races were pretty close, there may be a few requests for recounts. These requests are filed after the votes are canvassed.

Democrat incumbents who were defeated include the following:

HD 1: Rep. Stephen Frost (D-Atlanta) defeated by George Lavender (R)
HD3: Rep. Mark Homer (D-Paris) defeated by Erwin Cain (R)
HD12: Rep. Jim McReynolds (D-Lufkin) defeated by James White (R)
HD 33: Rep. Solomon Ortiz, Jr (D-Corpus Christi) defeated by Raul Torres (R)
HD 34: Rep. Abel Herrero (D-Robstown) defeated by Connie Scott (R)
HD 35: Rep. Yvonne Gonzalez Toureilles (D-Alice) defeated by Jose Aliseda (R)
HD 45: Rep. Patrick Rose (D-Dripping Springs) defeated by Jason Isaac (R)
HD 47: Rep. Valinda Bolton (D-Austin) defeated by Paul Workman (R)
HD 52: Rep. Diana Maldonado (D-Round Rock) defeated by Larry Gonzales (R)
HD 57: Rep. Jim Dunnam (D-Waco) defeated by Marva Beck (R)
HD 78: Rep. Joe Moody (D-El Paso) defeated by Dee Margo (R)
HD 85: Rep. Joe Heflin (D-Crosbyton) defeated by Jim Landtroop (R)
HD 93: Rep. Paula Pierson (D-Arlington) defeated by Barbara Nash (R)
HD 96: Rep. Chris Turner (D-Arlington) defeated by Bill Zedler (R)
HD 101: Rep. Robert Miklos (D-Mesquite) defeated by Cindy Burkett (R)
HD 102: Rep. Carol Kent (D-Dallas) defeated by Stefani Carter (R)
HD 106: Rep. Kirk England (D-Grand Prairie) defeated by Rodney Anderson (R)
HD 107: Rep. Allen Vaught (D-Dallas) defeated by Kenneth Sheets (R)
HD 117: Rep. David Leibowitz (D-San Antonio) defeated by John V. Garza (R)
HD 133: Rep. Kristi Thibaut (D-Houston) defeated by Jim Murphy (R)
HD 134: Rep. Ellen Cohen (D-Houston) defeated by Sarah Davis (R)

HD 48: Rep. Donna Howard (D-Austin) defeated Republican challenger Dan Neil by a mere 15 votes so this race is likely in line for a recount.

There were 9 “open” House races for seats held by members who were not seeking reelection. The results are listed below with the current member in parentheses.

District 20: (Rep. Dan Gattis R-Georgetown)
Charles Schwertner (R) faced no major party opposition

District 36: (Rep. Kino Flores D-Palmview)
Sergio Munoz, Jr. (D) faced no major party opposition

District 66: (Rep. Brian McCall R-Plano)
Van Taylor (R) faced no major party opposition * Taylor is currently serving the remainder of McCall’s current term.

District 69: (Rep. David Farabee D-Wichita Falls)
Lanham Lyle (R) defeated Michael Smith (D) *Note partisan switch of seat

District 84: (Rep. Carl Isett R-Lubbock)
John Frullo (R) defeated Carol Morgan (D) * Frullo also won a special election to fill the remainder of Isett’s current term, giving him a small jump in seniority

District 87: (Rep. David Swinford R-Amarillo)
Walter “Four” Price (R) defeated Abel Bosquez (D)

District 100 – (Rep. Terri Hodge D-Dallas)
Eric Johnson (D) faced no major party opposition * Johnson is currently serving the remainder of Hodge’s current term.

District 122: (Rep. Frank Corte R-San Antonio)
Lyle Larson (R) defeated Masarrat Ali (D)

District 127: (Rep. Joe Crabb R-Kingwood)
Dan Huberty (R) defeated Joe Montemayor (D)

TEXAS COURTS

There were three contested races for spots on the Texas Supreme Court. In Place 3, Republican incumbent Justice Debra Lehrmann defeated Democrat Jim Sharp. In Place 5, Republican incumbent Justice Paul Green defeated Democrat Jim Moody. In Place 9, Incumbent Republican Justice Eva Guzman defeated Democrat Blake Bailey. There was one contested race for a seat on the Texas Court of Criminal Appeals. Republican incumbent Justice Michael Keasler defeated Democrat Keith Hampton.

STATE BOARD OF EDUCATION

There were four contested races for SBOE. Incumbent Rene Nunez (D) was defeated by Republican Carlos Charlie Garza. Incumbent Ken Mercer (R) defeated Democrat Rebecca Bell- Metereau. There were two open races. Republican Marsha Farney defeated Democrat Judy Jennings to replace retiring Republican Cynthia Dunbar. Democrat Michael Soto defeated Republican Tony Cuningham to replace retiring Democrat Rick Agosto.

Early voting has begun and will continue through next Friday, October 29. Early reports show turnout to be more than 2006, the last gubernatorial election in Texas, but less than 2008, the last presidential election.

Here are some early voting facts taken from the Texas Secretary of State’s website:
• Early voting in person was passed by the Texas Legislature in 1987 and was first used in the Nov. 1987 election on constitutional amendments.
• In the March 2010 primary elections, 41% of the total votes cast were through early voting.
• In the November 2008 general election, 66% of the total votes cast were through early voting. This turnout rate was an all-time high.
• In the November 2006 governor’s race, 39% of the total votes cast were through early voting.

Now we are back to two candidates for speaker of the Texas House. Rep. Leo Berman (R-Tyler) announced that he is dropping out of the race for speaker and endorsing the candidacy of Rep. Warren Chisum (R-Pampa).

Governor Rick Perry stuck to his promise and did not attend the Texas governor’s debate held last night in Austin. Democrat Bill White, Libertarian Kathie Glass and Green Party candidate Deb Shafto participated in the debate.

Rep. Warren Chisum (R-Pampa) is officially entering the race for Texas House speaker, challenging current Speaker Joe Straus (R-San Antonio). Chisum, a member of the Texas House since 1989, previously served as Chairman of the House Appropriations Committee. Rep. Leo Berman (R-Tyler) has also announced his intent to challenge Straus. The Texas Constitution requires the Texas House to choose one of its own members to serve as speaker each time a new legislature convenes. The 150 members of the Texas House elect a speaker the first day of a legislative session. In many instances, a speaker is chosen earlier based on the collection of signed pledge cards which are then made public. This was the case in 2009 when Rep. Joe Straus announced he had collected pledges from a majority of House members.

For all of you budget winks out there, here is the link to the Legislative Appropriations Requests (LARs) for the 2012-2013 biennium:
http://www.lbb.state.tx.us/External_Links/LAR_82R/Agency_LAR_Listing_82R.htm
Agency LARs are an important step in the budget process, representing the funds each agency believes are needed to implement its strategic plans. The Legislature will consider each agency’s request as it formulates the general appropriations bill for next session.

On Monday, 30 day reports were due at the Texas Ethics Commission for all candidates with an opponent on the November 2nd general election ballot. These reports are often revealing, showing how much candidates have raised and spent, and how much cash they have on hand. Keep in mind that the totals can reflect some gamesmanship, with donations or expenses being delayed until the next reporting cycle. Another report is required eight days prior to the general election so there is still time for big donations and big spending by candidates.

Gov. Rick Perry reported having close to $10 million on hand, after raising $8.26 million in the reporting period. Challenger Bill White has $2.75 million cash on hand after raising $4.68 million. If you haven’t noticed, a lot of this money is going towards television advertising. Expect that to continue until the day of the general election.

Last week, we listed 11 of the most competitive races in the Texas House. Below is an update on the incumbent’s available funds as well as their challenger’s funds, based on their campaign finance reports filed this Monday:
Candidate: $ on hand, $ raised
HD 3:
Rep. Mark Homer (D-Paris) 149,782; 118,880
Erwin Cain (R) 253,378; 265,945

HD 47:
Rep. Valinda Bolton (D-Austin) 107,946; 112,962
Paul Workman (R) 134,623; 152,480

HD 52:
Rep. Diana Maldonado (D-Round Rock) 192,627; 134,265
Larry Gonzales (R) 231,175; 260,796

HD 78:
Rep. Joe Moody (D-El Paso) 63,747; 110,278
Dee Margo (R) 192,353; 185,121

HD85:
Rep. Joe Heflin (D-Crosbyton) 82,659; 113,568
Jim Landtroop (R) 103,855; 146,911

HD 96:
Rep. Chris Turner (D-Arlington) 279,993; 122,837
Bill Zedler (R) 103,783; 130,158

HD101:
Rep. Robert Miklos (D-Mesquite) 51,975; 97,435
Cindy Burkett (R) 19,910; 194,950

HD102:
Rep. Carol Kent (D-Dallas) 147,532; 91,696
Stefani Carter (R) 66,936; 239,207

HD105:
Rep. Linda Harper-Brown (R-Irving) 117,752; 186,834
Loretta Haldenwang (D) 27,458; 80,900

HD113:
Rep. Joe Driver (R-Garland) 129,428; 112,654
Jamie Dorris (D) 25,638; 54,986

HD133:
Rep. Kristi Thibaut (D-Houston) 84,981; 152,862
Jim Murphy (R) 225,030; 232,501

The last day to register to vote in the November general election is October 4 with early voting beginning October 18. As far as the Texas Legislature is concerned, 15 of the 31 state senate seats will be on the ballot as well as all 150 state house seats. One of the 15 senate races, Senate District 29 is an open seat. Sen. Eliot Shapleigh (D-El Paso) chose not to run for reelection. Democrat Jose Rodriguez will face Republican Dan Chavez. Seven incumbent senators face no major party opposition. Another seven incumbents face a major party opponent.

In the Texas House, the current partisan balance is 77 Republicans to 73 Democrats. 70 incumbents have no major party opponent. There are 11 races deemed by most observers to be highly competitive. Incumbents fighting to return to Austin in January include Reps. Mark Homer (D-Paris); Valinda Bolton (D-Austin); Diana Maldonado (D-Round Rock); Joe Moody (D-El Paso); Joe Heflin (D-Crosbyton); Chris Turner (D-Arlington); Robert Miklos (D-Mesquite); Carol Kent (D-Dallas); Linda Harper-Brown (R-Irving); Joe Driver (R-Garland); and Kristi Thibaut (D-Houston). There are roughly 15 additional races where the incumbent faces a difficult fight due to the partisan balance of the district or other factors.

Invitations for the Oct. 19 Texas gubernatorial debate, hosted by the state’s largest newspapers, have been extended to all four gubernatorial candidates, including Libertarian Kathie Glass and Green Party nominee Deb Shafto. Governor Rick Perry still says he will not participate in the debate unless Bill White releases tax returns from his years as deputy U.S. energy secretary.