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June 29, 2007

Terry Keel in the Hizzy

Speaker Craddick just officially appointed Terry Keel, officially, to be the official House Parliamentarian - to the tune of $145,000 a year.

That's what Denise Davis was making when she resigned last month - although it's about $20,000-plus more a year than she was when she started in 2003.

At any rate, this isn't too surprising, since Mr. Keel assumed the position upon Denise's dramatic late-session resignation over the whole Absolute Power thing.

His assistant parliamentarian will be the smart, perky Kate Huddleston - who we first met working in his media office in 2003.

That means Craddick didn't hire Ron Wilson, who acted as Mr. Keel's asst parliamentarian at the end of the session --- and, thus, had to put up with accusations on the floor that he was unethical and hadn't paid fines to the commission, etc.

But don't read too much into that. Wilson's an entertainment lawyer in Houston. Who do you think he'd rather represent? Craddick or ZZ Top?

June 18, 2007

Craddick responds to Keffer/Cook's request

From Alexis DeLee, press secretary for Speaker Tom Craddick:
"Speaker Craddick welcomes a review by the Attorney General. During the closing days of the session, Speaker Craddick sought the opinions of constitutional law and rules experts, and the advice was instrumental in the Speaker’s decision to move forward with the business of the session.

"The rules of the Texas House of Representatives do not provide for a motion to conduct a Speaker's race in the midst of a session’s business. Furthermore, the rules are clear with regard to the Speaker’s power of recognition.*

"Speaker Craddick acted correctly under the House Rules, the Texas Constitution, and was consistent with traditions of parliamentary practice. But more importantly, the citizens of this state were well-served in that the important business of the legislature prevailed over the internal politics of a speaker’s race."

*House Rule 1, Section 9 reads, “Responses to parliamentary inquiries and decisions of recognition made by the chair may not be appealed.” House Rule 5, Section 24 reads, “There shall be no appeal from the speaker’s recognition….[the speaker decides] if recognition is to be granted.”

Keffer and Craddick and Abbott, oh my

Ay, flashback. I'm hearing the voting bell again.

House Ways and Means Until He Gets Busted Chair Jim Keffer is calling on AG Greg Abbott to weigh in, formally and officially, on House Speaker Tom Craddick's use of "absolute authority" to refuse to recognize House members who wanted to remove him from the speaker's chair at the end of the session.

Ah, Greg, you lucky-lucky man.

Rock, meet hard place.

June 14, 2007

Texas Monthly's 10 Best and Worst

About the only thing that's managed to get us back on the blog is this great biennial list from our friends at Texas Monthly - and here they are.

Best:
Rep. Rafael Anchia, D-Dallas
Sen. John Carona, R-Dallas
Rep. Byron Cook, R
Sen. Bob Deuell, R-Greenville
Rep. Scott Hochberg, D-Houston
Rep. Lois Kolkhorst, R-Brenham
Rep. Jerry Madden, R-Richardson
Sen. Steve Ogden, R-Bryan
Rep. Sylvester Turner, D-Houston
Sen. Tommy Williams, R-The Woodlands

Worst
Gov. Rick Perry
House Speaker Tom Craddick
Lt. Gov. David Dewhurst
Rep. Lon Burnam, D-Fort Worth
Rep. Warren Chisum, R-Pampa
Sen. Troy Fraser, R-Horseshoe Bay
Rep. Charlie Howard, R-Sugar Land
Sen. Eddie Lucio Sr., D-Brownsville
Sen. Dan Patrick, R-Houston
Rep. Debbie Riddle, R-Tomball

Honorable Mention:Rep. Eissler, Sen. Eltife, Rep. Gattis, Rep. Hill, Sen. Hinojosa, Rep. Smithee, Rep. Solomons, Rep. Strama, Rep. Thompson, Sen. Whitmire, "the Insurgents" - Dunnam, Talton, et al

Dishonorable Mention: Reps. Flores, Haggerty, Harper-Brown, Sid Miller, O'Day, Quintanilla, Zedler

Furniture: Reps. Alma Allen, Alonzo, Christian, Farias, Macias, Armando Martinez; Sens. Estes and Mike Jackson

May 30, 2007

Sine Die: Bat outta Hell

I remember last session, when it ended and we all knew we were going into a special (or several), our catchphrase for the last days of that and the others was “Sine Die! Die! Die!”

This time, knowing that we may actually wind up with an 18-month interim for the first time since 2003, I was reportedly a little nostalgic at the media party over the session actually ending.

(Yeah, I’m going to need to take someone else’s word for that. I’m an unreliable witness to my own actions on Monday night.)

Tuesday morning, as I lounged in my cool, dark apartment, sleeping past noon and listening to the sweet silence with no TV, radio or cell phone distractions, something else happened.

I got over it.

It’s over, and now it’s time to breathe.

Time to pay the bills that have stacked up on the entry table (I counted 15 envelopes on the way out the door this morning), time to collect the papers out of the front yard and do about three weeks worth of laundry and dry cleaning. Time to remember what it feels like to breathe fresh air instead of 50-degree air conditioning. Time to go out for lunch (outside the four-block radius) instead of slam trail mix or stand in line behind a bunch of citizens so I can consume a $9 tuna sandwich in the Capitol extension.

Time to make reparations to friends and family and pets who don’t really understand – because few do – the life-sucking implications of covering the Legislature and really did think I had abandoned them for the past few months.

(Though the pets are usually the only ones who show their great displeasure by peeing on my cowboy boots...)

Time to try and quash the ding-ding sound of the voting bell that stays in my head for days after the session ends, time to find something else to dream about at night besides legislative anxiety (covering a press conference in your underwear? Anyone? Bueller?) Time to lose weight, my God.

And time for the shout-outs.

First, I send one in particular to the hard-working, hard-partying, burn-the-candle-at-both-ends staff I came to know and respect during the session (holla, clerks!).

Also, to the readers who both kept us on our toes and defended us from those who wished to throw rocks. People in ivory towers like to do that, so thanks for keeping them in their places when my editors (with good reason) wouldn’t let me do it.

And to the editors, who were all the way up in Dallas but still managed to understand exactly what we were going through.

Rarity.

Thanks, thanks, and thanks.

And also, of course, to the lawmakers, for making this one of the most dizzying and, yes, extraordinary sessions in memory.

Props for that.

Peace out. It's still light outside, and Brooksie needs a cocktail.

May 29, 2007

Craddick: What's the beef?

A reader of Emily's last post asks, "What's everyone so worked up about over Tom Craddick?" This story by Christy Hoppe, from our files, helps explain. It's from the eve of the session, so it's a little dated. (How did that Jim Pitts candidacy turn out, anyway?) But it sheds some light on the beef against the speaker.

May 28, 2007

King withdraws TXU bill

Speaker Craddick was going to let Rep. Phil King appeal the chair's ruling to uphold a point of order by Rep. Jim Dunnam against the bill.

But after Rep. Burt Solomons, R-Carrollton, said that might set a bad precedent, Mr. King said he was giving up.

He then had the House pass another "securitization bill" that he said would give electric customers in Houston some rate relief.

Burnam won't quit on his in-yo'-face-Tom resolution

Rep. Lon Burnam, R-Fort Worth, just tried to bring up his resolution commending former parliamentarians Denise Davis and Chris Griesel as having "stood firm" against "dictatorial pressure."

Mr. Burnam says the speaker's office keeps mysteriously losing his resolutions, which have included calls for impeachment of President Bush and a request for permission to sue the Denton State School.

"I wonder why I have such a high loss rate in your office," he says.

Speaker Tom Craddick replies: "I'm not advised."

For these two, it's a fairly good-natured exchange. Mr. Burnam says please, stop all the "filling time" and let him bring it up.

Mr. Craddick: "You can do that at the appropriate time ... when we get past these (TXU bill) points of order."

Last big bill -- TXU -- appears headed for passage

One wag called it "the Lazarus bill."

Rep. Phil King, R-Weatherford, won the two-thirds vote needed to bring back the TXU bill, which would put stronger controls on power utilities and curb electric costs up to 15 percent for those paying the highest rates.

The vote was 105-26. But there are still points of order that haven't been ruled on, so though I'd hope we are just minutes away from sine die, you never know ... and one should never underestimate the House's capacity to go down to the wire.

Naming names

For what it's worth, here are the names of the Legislative Council attorneys who went to work this past weekend for the Craddick parliamentarian team: Mark Brown, Gary Kansteimer, Jeff Archer.

Auto-Craddick? Burnam resolution says so ...

Lon Burnam has introduced the potentially combustible House Resolution 2963. It commends Denise Davis and Chris Griesel, the former House parliamentarian and her assistant who resigned Friday night, reportedly after Speaker Tom Craddick rejected their legal opinion that he'd have to allow the House a vote on whether to remove him from the chair.

"Denise Davis and Chris Griesel stood up to autocratic control of a democratic institution by resigning their posts," the resolution says.

Rep. David Leibowitz, D-San Antonio, just demanded to know the names of the three Legislative Council attorneys now working for Craddick rules mavens Terry Keel and Ron Wilson.

"Everybody wants to know who they are," Mr. Leibowitz said.

"And what they look like," yelled Rep. Roberto Alonzo, D-Dallas, from his seat.

Trouble brewing? Live from the House floor ...

Reps. Lon Burnam, D-Fort Worth, and Robert Talton, R-Pasadena, have heartburn over the hiring of three lawyers from the Legislative Council to work with new House parliamentarians Terry Keel and Ron Wilson.

They're raising possible conflicts of interest for the lawyers, who are part of an office that drafts bills for lawmakers. That is, these guys could be helping advise the chair on how to rule on points of orders brought against bills they helped draft.

The larger point, though, seems to be that House members are in the dark about who is working for their chamber.

Anna Mowery is retiring

House Speaker Tom Craddick was one of the sponsors of the resolution to recognize Rep. Anna Mowery, R-Fort Worth, for her years in the House. As soon as it comes online, we'll post it.

Bring on the parties: House only slightly on edge today

See? I told you everything would be OK.

The $103 million parks funding bill, HB 12, was just brought up without objection and passed easily.

And they're about to pass the CPS bill without objection,

We've been in less than half an hour. WOW. They're working more efficiently today than they have in months.

There are a couple moments - Rep. Jim Dunnam just asked the speaker to remove his press release from the House website denouncing members (no names) for last night. I saw the statement in an email, but it appears to be gone from the House website now. And Rep. Dan Branch is trying to get them to remove Pat Haggerty's roll call speech from the journal, but the speaker is looking like he's going to make them vote on that - which I doubt Branch wants.

What this means is that it's looking good for getting out of here in time to enjoy at least SOME of the Sine Die parties - which is my number one survival motivation at this point in the session.

House to God: Help!

The House just opened Day 140 -- the session's last -- with a prayer by Dallas GOP Rep. Tony Goolsby.

"God, we ask that you watch over your flock and ... deliver them safely from the clutches of conflict," he said.

No, that wasn't a reference to internecine strife in the House but a Memorial Day prayer for the troops.

Mr. Goolsby did beseech the Almighty, though, for patience with a certain group of lawmakers.

"God, this is our prayer," he said. "Hang in there with us. We need you more now than ever. Amen."

The reluctant Mr. Perry

The governor has finally weighed in, kind of, on the steel cage deathmatch that is the Texas House. Rick Perry, a former House member himself, has understandably been reluctant to take political sides over the fate of Tom Craddick.

After all, if he chooses the wrong (i.e., losing) side, he's got to try to get his agenda past a House speaker with an ax to grind. In fact, Mr. Perry's spokesman, Robert Black, took pains to tell Austin bureau chief Christy Hoppe yesterday that the guv has no dog in this fight.

But the walkout last night imperiled legislation the governor cares deeply about, including the massive water bill so important to North Texas. So he's telling them, in so many words: Get your act together. The full statement after the jump:

Continue reading "The reluctant Mr. Perry" »

Craddick: We'll try again tomorrow (Monday)

By my count, Craddick has four hours to pass the major legislation of the session before he starts cutting into serious SINE DIE PARTY TIME. They go in at 2.

(Guess maybe Ryan Guillen won't get all 255 resolutions passed, will he? Since the clerks had to RETYPE THEM into the system AND add punctuation. Poetic justice, I say.)

Here's the statement.

STATEMENT REGARDING THE EVENTS THAT TOOK PLACE IN THE HOUSE


(AUSTIN) - Alexis DeLee issued the following statement regarding the events that took place in the House:

"Once again, some members chose to divert the House away from important matters and instead tried to drag the members into a Speaker's race while we are in session. Speaker Craddick made a promise to the members of the Housethat he would make sure their bills would be heard so their constituents concerns would be met. This evening a number of bills were put into jeopardy - bills that would protect our water, fund our parks and historical sites, lower electric rates, enhance air quality, and require steroid testing in our public schools. It is his intention to take up and consider these and other pieces of legislation before the session ends tomorrow at
midnight."

94-0 Math is hard

The 94-0 vote that broke the quorum is being lauded by Craddick staffers and supporters as being the be-all, end-all list of people who would NOT have voted to vacate the chair because they didn't walk out.

Well, by my count, there are about a dozen who were voted in that 94 but may not have voted against a motion to vacate.

I'm not making assumptions about anyone, I'm being very conservative, so I'm going to give you the most obvious among those: Jose Menendez, D-SA; Senfronia Thompson, D-Houston; TODD SMITH (a leader in the insurgency); Chente Quintanilla was in the bathroom and didn't walk out OR vote (though someone voted him.)

In short, however, this number is no more meaningful than the 87 who voted to overrule the chair a few weeks ago. The insurgents didn't have 87 votes then, and Craddick doesn't have 94 now.

So everyone relax and remember that the Lege can ALWAYS suspend the rules and pass all this stuff tomorrow.

What died - at the moment - tonite?

TXU bill
Parks funding HB 6
CPS reform bill
Top 10 percent (they were going to try and bring it back up)
Homeland Security
Border Security
Water bill - all of them, big and small

32 bills in all.

OK, my guess is that they'll suspend the rules Monday, take up a bunch of them and pass them.

(Ethics reform in 2003, anyone?)

Not to worry.

Anti-Craddick walkout at 12:45 a.m.

About 45 members just walked out of the chamber, broke quorum and made the House adjourn until 2 p.m. Monday.

Right now, there's wild cheering in the lobby, the staffers are lining the steps from the gallery and clapping and yelling for everyone who walked out, and those left in the chamber are annoyed.

A Craddick staffer just passed me and said, "This is disgraceful" before pointing out that 94 members had just voted the last bill.

"That shows that he had 94 votes."

Nope. Someone ghost voted Senfronia, not everyone walked out, and if Ms. Thompson was ghost-voted, then who knows how many else were. Since Sly rang the bell for what felt like 10 minutes.

Anyway. Very weird ending to a relatively normal last night. Very dramatic.

Haggerty gets the vote started

Rep. Pat Haggerty, R-El Paso, is in the middle of taking roll call vote on the speaker in a speech of personal privilege. He's calling each member's name, and just making them vote.

Sly Turner tried to shut him down, but Pat says this is the only way they'll have a vote.

The anti-Craddicks just took their voting key and are walking out.

Chatter: Speaker is more powerful than the Pope

As Dunnam continues right now with his back-and-forth w/Sylvester Turner, who's in the chair, the buzz going around is this web page for the Catholic Encyclopedia.

Apparently, according to this book, a pope can be removed from office for either his "conduct or behavior" or "resistance to the synod" (I'm sorry, I went to Catholic school and I have no idea what that means) or lack of faith.

So, a pope can be removed but a Texas speaker can't?

But here's the rest of what it says.

"In point of fact, however, heresy is the only legitimate ground."

Here's my fave part: "A sinful pope, on the other hand, remains a membrer of the Church and is to be treated as a sinful, unjust ruler for whom we must pray, but from whom we may not withdraw our obedience."

May 27, 2007

Also On The "House Has A LOT Left To Do Tonight and Senate's Way Far Ahead" List

1) The Senate already passed a major TDCJ reform bill that permits early release for certain prison inmates and gives those on parole a chance to shorten their terms. The bill aims to reduce prison populations and prevent the state from having to build new lock-ups. The House won't have trouble with it -- but they certainly haven't done it yet.

2) An oft-debated measure to protect the state’s border and crack down on drug and human trafficking is also awaiting a House vote -- though it's failed there before. After getting killed on a technicality in the House, the border security measure was slapped on a Senate homeland security bill, on that chamber already passed tonight. It'll be a while before it comes up in the House, and we'll see what happens there.
The measure has a better chance than before at passage: the border part wouldn't include hotly-debated language over who will oversee a database that contains personal information about everything from criminal investigations to traffic violations on thousands – maybe millions – of Texans.
It still would create a governor-appointed border security council to make recommendations on funneling more than $100 million to authorities along the Mexican border. That money would fund hiring hundreds of new law enforcement agents, as well as high-level equipment to help patrol the border.


Talton withdraws point of order, budget debate resumes

Rep. Robert Talton says he wanted to make the point that we're a nation of laws and rules, then withdraws his point of order that might have forced a special session.

House Speaker Tom Craddick's allies applaud.

"Thank you, Mr. Talton," says Rep. Warren Chisum, R-Pampa, the House's chief budget writer. "That was the gentlemanly thing to do."

Another Craddick ally speculates that the dissidents got to Mr. Talton and persuaded him that a vote to appeal the chair's ruling would be a poor test vote: There are members who'd vote to oust Mr. Craddick who don't want to vote against the budget.

Craddick rejects point of order, lets budget debate go on

But Mr. Talton now is asking for recognition to appeal the ruling of the chair.

Mr. Craddick says he'll recognize him for that appeal -- only on the point of order on the budget. Among other things, Mr. Talton's point of order said the budget was making "general law" by setting fees for the Residential Construction Commission.

"I have the 10 signatures," says Mr. Talton, who again has approached the dais.

Stay tuned.

Now in Talton's sights: The budget

Rep. Robert Talton, R-Pasadena, just raised a point of order against the budget.

"I’d like to raise a point of order," he said, "on the grounds that the conference committee report changes general law."

No word yet on details.

Buddy West: May not be back. Standing Ovation.

Former chairman Buddy West, R-Odessa, just made an emotional and down-home speech about the "field of dreams" he called UT Permian Basin and the fact that it was finally getting some cash.

He asked members to please forgive him if he gets emotional, since it may be the last time he stands up to the front mic.

What?

At the end of his speech, he clarifies and says that he hopes next week's "full body scan" will show him with a clean bill of health and he'll get to run again. If not, his wife is running in its place.

He didn't get more specific. Sounds like cancer, but because everyone's in their seats whle members are making speeches, I haven't asked for any more details.

Mr. West was a GOP chairman and House veteran who was busted from his position in January after voting against Craddick in the speaker's race.

He got a standing ovation from his colleagues.

Buddy West: May not be back. Standing Ovation.

Former chairman Buddy West, R-Odessa, just made an emotional and down-home speech about the "field of dreams" he called UT Permian Basin and the fact that it was finally getting some cash.

He asked members to please forgive him if he gets emotional, since it may be the last time he stands up to the front mic.

What?

At the end of his speech, he clarifies and says that he hopes next week's "full body scan" will show him with a clean bill of health and he'll get to run again. If not, his wife is running in its place.

He didn't get more specific. Sounds like cancer, but because everyone's in their seats whle members are making speeches, I haven't asked for any more details.

Mr. West was a GOP chairman and House veteran who was busted from his position in January after voting against Craddick in the speaker's race.

He got a standing ovation from his colleagues.

LHB: for the children, against CHIP?

Rep. Linda Harper Brown, a couple hours ago, got to the back mic to blast Rep. Mark Strama and Rep. David Liebowitz for wasting time and killing bills that solve a litany of societal problems, including "helping the medically" vulnerable, "poor... and indigent."

Then she voted against the CHIP bill.

For the record.

So, it's OK to kill those bills with a vote, but not with a personal privilege speech.

Or, it's OK for her to kill those bills, but not for the Other Side.

Just clearin that up.

CHIP bill being torpedoed?

Rep. Robert "Torpedo Bob" Talton, R-Pasadena, has just raised a point of order -- or at least appeared to do so -- on the bill to partially undo cuts made four years ago to the Children's Health Insurance Program.

Mr. Talton said he found a "transition provision" in the conference report that was in neither chamber's version.

"I was under the impression that if you had something new in the bill, that you had to have a privileged resolution [to OK the change], is that not correct?" he said.

Replied Rep. Dan Gattis, R-Georgetown, who's now presiding: "That principle is correct."

Big huddle to the south of the speaker's dais right now .... This could be a heart-breaker for CHIP advocates because the bill was finally approved by the Senate an hour or so ago and was only one hurdle away from going to the governor's desk.

"Very fair to Dallas"

"You know, a lot was made that there was no one from Dallas on the conference," Rep. Lois Kolkhorst just told me, referring to the House-Senate conference committee that worked out final details of the proposed two-year budget.

"But I gotta tell you, I think we were very fair to Dallas."

Ms. Kolkhorst, R-Brenham, said Dallas got $21 million of the roughly $180 million of "special items" in the higher education budget. She said UT Southwestern Medical Center also got $8 million of state money for graduate medical education. "That's up there with Baylor in Houston," she said.

Team Craddick defends budget in war of words

Here's Craddick spokeswoman Alexis DeLee's statement, responding to the Pitts-Talton-Delwin Jones presser alleging big time pork in the two-year budget, and last minute budget shenanigans by the speaker to save his political skin:

"The budget is a strong one -- supported by members on both sides of the aisle. The process that has taken place to put it together is the same as every session in the past. It reflects the various needs of the state."

In addition, Team Craddick arranged for Rep. Lois Kolkhorst, the House's negotiator on the higher education budget, to respond to the dissidents' pork allegations -- one of which was that the speaker loves Dallas' UT Southwestern Medical Center, so much that he inserted two "special items" to give it $19 million.

Continue reading "Team Craddick defends budget in war of words" »

Keel says, call the guards. Sly: Yeah, I don't think so.

One of the most surreal things about former Rep. Terry Keel being the parliamentarian is that the guy's voice carries. So we at the press table can hear what he's telling whoever's in the Chair of Absolute Power, and people at home can hear even more, since it's mic'ed to the audio feed.

This is what can be heard on the archives of yesterday's House action at 2:01 p.m. I'm told you could hear even more live, but the archives have this exchange at the dais - which you could ONLY hear if you were watching TV.

(God bless television.)

During a semi-tense, occasionally funny back-and-forth with a frustrated Rep. Tommy Merritt and Sly Turner, members were standing up at their desks, shaking their heads, and generally causing a commotion.

Keel to Turner: "You have to get the floor under control."

Then he says, presumably for Turner to repeat: "The sergeant-at-arms will be escorting members to their seats."

Turner wasn't hearing it - and was clearly not about to threaten the guards on the members - can you imagine how P.O. the members would be??? Oh. My. Talk about mutinty. The video would be priceless.

Turner instead "respectfully" asks members to "please" take their seats, which they do.

Typical reaction from Keel to tell Turner to threaten physically dragging members back to their seats. He's always been, shall we say, a bold decision maker and doesn't seem to be worried about whether his approaches will blow up the House floor. He's always been like that. I think he enjoys it.

Strama: We've gone through the looking glass

Rep. Mark Strama, D-Austin, just made a personal privilege speech on the House floor, putting into perspective exactly what he was just trying to do from the back mic.

Sly recognized him for the speech "and for no other purpose." I found that amusing.

Anyway, Strama lays out his argument that there is no precedent in either state or Congressional history for the speaker to have absolute power over recognizing any motion that doesn't have to do with actual speech or debate.

These are the things he got Keel/Craddick to say he could use his recognition power to do:

- deny a member privileged motion
- deny their ability to make points of order (I bet some of his buddies who lost their bills wish they knew that months ago - would have been handy on, I dunno, half of their agendas.)
- deny 25 members of the House the ability to second a motion to cut off debate on a bill

"Our rules mean nothing if the power of recognition extends beyond speech and debate."

He then invokes "Humpty Dumpty-ism," a term he's heard before and decided to research using Through the Looking Glass. Here's the section of the book he refers to - and you can find the entire weird chapter here.

(Fantastic literature, by the way. Strama, make sure Victoria gets a copy of this asap)

"I don't know what you mean by 'glory,'" Alice said.

Humpty Dumpty smiled contemptuously. "Of course yet you don't -- till I tell you. I meant ' there's a nice knockdown argument for you!'"

"But 'glory' doesn't mean 'a nice knock-down argument,'" Alice objected.

"When I use a word," Humpty Dumpty said in rather a scornful tone, "it means just what I choose it to mean-neither more nor less."

"The question is," said Alice, "whether you can make words mean so many different things."

"The question is," said Humpty Dumpty, "which is to be master -- that's all."

House: New voices at the back mic

The day started out like yesterday, with a slam and inquisition on Craddick and his advisers on the dais.

This time, Reps. Mark Strama and David Liebowitz, both Democrats and the latter a lawyer, ran though a series of questions in an apparent attempt to do two things:

(I'm no lawyer but this is what I see)

1) Force Craddick to list all the things he can do or not do with his "absolute power" of recognition, to drive home their argument that he's going over the top.

Keel/Craddick is taking the position that the rules back him, and that it's not an interpretation but clear in the rules.

2) Establish, through a dizzying legal and intellectual trip up, a precedent or ruling or judgement (or, in Eiland's words, "whatever it is") right here on the floor that the speaker doesn't have absolute power - by forcing him to admit that there's at least one instance in which he is required to recognize a motion, any motion. Craddick's bobbing and weaving, and they're unsuccessful.

Sly to the House: "Be adults."

Rep. Phil King is at the front mic on a personal privilege speech, lamenting the death of the TXU bill that just went under on a point of order.

Pete Gallego asked for more order in the House, which is customary for a personal privilege speech. Sly thanked him and then beseeched the House to "be adults."

I can't think of a lot of members the chamber would take that kind of talk from, but the silver-tongued Sly has lots of personal friends in this House.

This would be, incidentally, why he's on the dais all day yesterday and most of the day today. When questions come up, he handles them calmly and with finesse, usually - and not always in the manner that Keel advises.

More on that in a few..


House dissidents blast budget, Craddick "pork"

Former House Appropriations Committee Chairman Jim Pitts, R-Waxahachie, and two GOP colleagues, Lubbock's Delwin Jones and Pasadena's Robert Talton, just held a presser to denounce the $152.5 billion budget that is before lawmakers today -- and Republican Speaker Tom Craddick's use of it for his own political ends.

The three dissidents assailed $100 million of late additions to the budget, college "special items" that they said Mr. Craddick used to shore up support so he could face down efforts to remove him. Mr. Pitts also outlined tens of millions of pork projects inserted for the Midland-Odessa, Permian Basin area, which Mr. Craddick represents.

"We can and must do better," Mr. Pitts said. "This budget is bloated and fiscally irresponsible."

While Mr. Pitts said he thinks fiscally conservative Republicans should oppose the budget and force a special session on the subject, he dodged a question about whether anti-Craddick forces have the votes to blow up the budget.

Craddick spokeswoman Alexis DeLee said she would respond -- but is too busy right now listening to dissidents' attempt to get Mr. Craddick on record for every aspect of the vast power he's been claiming since Friday afternoon.

CHIP deal reached

Saturday afternoon, negotiators agreed to restore the Children's Health Insurance Program more than halfway toward the enrollment it had in September 2003.

Since then, CHIP rolls shrank by 201,000 youngsters, mostly because of cuts that helped lawmakers dig out of a $10 billion budget hole. Under the deal, which now goes to the two chambers for approval, enrollment would climb by nearly 128,000.

The Senate accepted a final offer by the lead House negotiator, Houston Democrat Sylvester Turner. He insisted that if the state does any electronic income checks six months into kids' coverage, as senators demanded, it'll scan just the top 10 percent of CHIP households by income. The Senate wanted the top 43 percent checked.

The bill would allow families again to submit paperwork once a year, instead of every six months, and to deduct from income their child-care expenses. Asset limits would be loosened and a 90-day wait eliminated for most new applicants.

May 26, 2007

The only thing close to precedent ...

As Karen Brooks wrote here last week, such a battle over the speaker's chair has happened only once before -- waaaay back in 1871.

Here's the House Journal entry that documented that successful effort to remove a speaker.

Verdict On Dallas Law School: Headed For Dead

A bill creating a University of North Texas law school in downtown Dallas slipped just out of reach today, following almost a week of political maneuvering by area lawmakers hopeful they wouldn't have to wait until next session.
The measure, which was tacked on as a last-ditch effort to a divisive eminent domain bill, was derailed on a technicality late last night, amid all the theatrics of the speaker fiasco.
Today, Rep. Dan Branch, D-Dallas, said he saw no way to revive the law school – a key priority for North Texas lawmakers that also fell apart last legislative session.
“It’s not looking good,” said Rep. Branch, who rushed back to Austin from his son’s high school graduation in Highland Park. “But it’s not over until it’s over.”
Rumors circulated last night that Craddick was pushing hard to get Branch back in case of a vote on the speaker's fate. At one point we were told there "was a plane waiting for [Branch] on the tarmac" in Dallas.
Branch, however, says he's not advised -- he said he never got close to Love Field airport because of the bad weather, and instead watched the show on live-streaming over the Internet (talk about a nail-biter). He burst back into the chamber this morning, bright-eyed and bushy-tailed.

Apples and oranges?

Berman to Hill: You better turn that finger around, buddy.

That's paraphrased. Here's an argument going around the floor, pointed out by Rep. Leo Berman, R-Tyler, chair of the House Elections Committee.

Local Ways and Means Chairman Fred Hill, R-Richardson, speaker candidate who made the first (of several subsequent) motions to vacate the chair last night, bottled up the appraisal caps legislation in his committee this session by refusing to give it a hearing. Mr. Berman says that by using his powers of recognition to refuse to recognize a member to bring up a bill for a hearing, Hill's being a hypocrite for bashing Craddick's decision not to recognize members for a motion.

Interesting point, but I'd point out this difference.

Craddick is saying that his refusal to recognize members for a motion to vacate cannot be appealed - that basically, once he invokes that power, it is absolute and there is no check-and-balance. He cannot be appealed.

Hill, however, and other chairmen who use that power don't have the same luxury. There is a very distinct way the House can, in fact, appeal it - by springing it from committee with 25 votes and a supermajority vote on the House floor.

That's a tough hill to climb, but it does exist. There's a hill, and there's a way over it.

Craddick the politician

Emily Ramshaw/staff While Speaker Pro Tem Sylvester Turner presides, handling the barrage of inquiry and motions from the anti-Craddick reps, the man in question works the floor. Here he is talking with Rep. Drew Darby, R-San Angelo.

Broken record: You're not recognized at this time

Five sessions and I've never seen the speaker refuse to recognize someone for a motion. Including earlier this month when Geren was recognized on his motion to overrule the chair, which he won.

And here in the past half hour it's happened like six times.

Sylvester Turner in the chair:
Asked about whether the chair has to recognize a highly privileged motion and if his refusal to recognize it can be appealed, Turner makes this quote-of-the-week-worthy comment:
"The power of the chair, Mr. Dunnam, is absolute."

Rep. Jose Menendez, D-SA, has the floor to lay out his bill. (yes, there's legislation happening, what?!)

Rep. Craig Eiland, D-Galveston on the back mic: "Mr. Speaker?"
Sly: Not at this time.
Eiland: Not at this time, what? (or something like that.) I have a parliamentary inquiry.
Sly: You're not recognized (paraphrased). Mr. Menendez has the floor.
Eiland: Mr. Menendez, will you yield?
Menendez plays ball: I yield.
Eiland: Mr. Speaker, parliamentary inquiry.

Gattis in the chair to Merritt: You are incorrect and you are not recognized for this motion.

Sly to Merritt: You are not recognized for anything at this time.

Approaching meltdown ...

Emotions are flaring again on the House floor. Anti-Craddick members want to get a vote on something -- anything -- relating to the speaker's shutoff of challenges.

Pro-Craddick members want to work on passing bills.

After dissident Republican Jim Keffer of Eastland and some other of the insurgent candidates for speaker sought elaboration on last night's actions by the speaker, the acting speaker at the moment, pro-Craddick Democrat Sylvester Turner of Houston turned away all their attempts to vote on ousting Mr. Craddick.

Dissident Republican Jim Pitts of Waxahachie: "I move that the office of speaker of the Texas House of Representatives be declared vacant."

Turner: "The chair will not recognize you for that motion."

Pro-Craddick Republicans Phil King of Weatherford and Will Hartnett of Dallas tried to get Mr. Turner to proceed with naming conference committee members on bills, but the dissidents kept up the attack at the back microphone.

After Mr. Turner insisted there have been no official "rulings" by the chair on anything related to the speaker's survival in the past 18 hours, anti-Craddick Democrat Craig Eiland of Galveston shouted:

"Wait, wait, wait! What was that if that was not a ruling, a determination, a decision? ... I appeal that decision ... whatever you want to call it."

We're now tangled in points of order ....

Fair and balanced: The insurgents' response

Here, courtesy of the indispensable Quorum Report, is the insurgents' response arguing why House Speaker Tom Craddick is wrong.

Land of the free, or