Wednesday, April 29, 2009

Breaking: The GOP leaves Arlen Specter's party

How many more will follow? Once again, the GOP has left the true conservatives forcing Arlen Specter to switch to the Democratic Party. And who can blame him?

For the last 8 years the GOP has claimed to be the protectors of the Constitution, fiscally responsible, strong on defense, strong on immigration reform, and the party with a big tent, and yet they lost another US Senator, Arlen Specter. Who can blame him for leaving?

His party has about as much sense of fiscal responsibility as Ken Lay. They protect the Constitution as long as it is the 2nd Amendment and nothing else. Illegal searches, torture, freedom of the press, rights to the courts, all are meaningless to them. Their claims of being strong on defense date back as far as 9/12/2001. They have talked a great game on immigration, yet has done nothing even with control of the House, Senate, and the Presidency. They claim a big tent, and yet their leadership of Limbaugh, Hannity, and Beck, all white males, attack non-whites every chance they get.

And to top it off the gop is orchestrating a challenge to him in the primary with the radical, white, right wing, nuts of the party (ie all remaining republicans)Specter saw the writing on the wall for his reelection bid, and the direction his party was taking. Both were going south.

So he headed North. Arlen didn't leave the GOP. They left him. No one should expect a jack booted, lock step, vote from Specter in favor of the Democrats. That is the trademark of the republican party and he has turned in his boots.

Tuesday, April 28, 2009

CCISD candidate forum April 30

Six candidates for the Clear Creek Independent School District school board will attend a candidates forum on Thursday April 30:

The League of Women Voters will host a CCISD candidates forum on April 30th.

The forum will be at 7:00PM at Clear Lake Intermediate on the corner of El Dorado and El Camino.

Questions will be submitted by the audience and each question will be answered by each candidate.

Reason for Texas Ethics Reforms #9: HB677

Yesterday the Texas House passed House Bill 677 filed by Representative Hartnett(R-Dallas) which will protect elected officials from ethics complaints 30 days prior to an election.

The bill would require the person who filed the complaint to pay attorney fees and associated costs if the Texas Ethics Commission dismisses the complaint. As simple as this sounds, there are two HUGE ethical holes in it.

State Representative Vicki Truitt
As an example, State Representative Vicki Truitt paid her husband over $90,000 to purchase (and later sell) a condo using her donor's money. A complaint was filed. This is an obvious violation of ethics laws, but after 1.5 years it was dismissed because her mortgage company lost the only document that would prove she was innocent of the charges. (It is like the dingo ate my baby) In this case the bank ate my paperwork. According to HB677, the complainant would have to pay her legal expenses. The complaint SC-2707163 was formally dismissed August of 2008.



HB3178
The other HUGE ethical hole in this bill is that there is a bill to reform the Texas Ethics Commission that would actually PREVENT ethics violations from happening and PROTECT our elected officials, but this bill is stalled in the every same committee that passed Hartnett's bill.

Hartnett's bill will pretty much kill any ethics complaint filed during a period when it is needed the most. And since we have no organization providing protection or prevention, it will be a ethics violation free for all during elections.

84 House members voted for this crap. Let's go look at their ethics reports.......

Monday, April 27, 2009

Reason for Texas Ethics Reforms #10: Kim Brimer

There are few better examples supporting reforms to the Texas Ethics Commission than former State Senator Kim Brimer.

Brimer, a 20 year incumbent, lost his race to newcomer Wendy Davis. One of the reasons was a particular ethics complaint concerning using his donors money to purchase and sell a high-dollar condo in Austin. According to the Texas Ethics Commission over a 6 year period Brimer gave his wife's realty company over $180,000 of his campaign donations to buy a condo. This condo was later sold. According to Lone Star Report, Brimer and his wife made off with over $350,000 of his donor's money.

What is interesting is that he paid this to his wife's realty company that changed names 3 different times and while Brimer was on the Board of Directors. It is a clear violation of ethics regulations to purchase property, to pay your family members for services, and to pay an organization that you have 10% or more ownership in. Brimer paid a very heavy price for these violations, he lost the election. (And has an ethics complaint pending)

HB3178 would have prevented this from happening and Brimer may have kept his seat in the Senate. HB3178 calls for periodic audits of our elected officials campaign finance statements, mandatory training every two years, it clarifies that donations cannot be used to pay a family member or buy property, and it requires all fines to be paid from personal funds.

Passing HB3178 is actually in the best interest of all elected officials and candidates. Otherwise, our elected officials will be under the constant watchful eyes of activists looking for ethics violations.

Sunday, April 26, 2009

Welcome back Chris Baker

I heard that the right wing nut Chris Baker is back on the air on KTRH (Keep The Rightwingers Here). Here is a clip I found of Chris getting his panties in a wad and walking off the stage:



Welcome back Baker. Now act like a right wingnut getting their ass handed to them on TV and leave.

Friday, April 24, 2009

And all we have in Houston is KPFT

God bless the folks at KPFT for what they do, but it sure would be nice to have one station in Houston that is moderate, middle of the road, that provides a balance of talk radio and news we can use. Instead, we have KPFT and right wing hate radio.

KPFT's schedule is pocked with shows like the Vegan hour, Connect the Dots (which I actually enjoy if I can figure when it is on), the Peace Hour, Earth 101, Amy Monotone Goodman, and other far, far, left wing shows. There are some good ones like Connect the Dots which I have mentioned, and an immigration show with Gordon Quan, but they are far and few between. Other than that, even the music that is played is, well, strange. At anytime of the day, you can tune into KPFT and not know what the hell you are going to be listening too.

On the other side of the dial we have Rush, InSannity, Michael "Black" Berry, Michael the Weiner Savage, and nutjob Glen Beck. Some of the worst far right wing radio in the nation all on one station, KTRH (Keep The Rightwing Here). If you want your heart filled with hate and high blood pressure, KTRH is the station for you. Or try 1070AM or 950, 700, or any other station in Houston. Hate sells. And they are having a fire sale for the next 8 years.

It sure would be nice to have one station, just one, that carries folks like Stephanie Miller, or Ed Schultz, or Randy Rhodes which can be found on satellite radio or the internet. Just one would be nice. Stephanie's show is incredibly funny. Schultz is a moderate. He doesn't screen calls and gives callers the opportunity to discuss. Randy Rhodes is interesting. Very interesting. They are all worth a listen. My favorites are Stephanie and Ed. You can listen to them via the internet at WCPT from Chicago.

Instead, we get KPFT.

Electricity de-deregulation bill advances

There are two real interesting bills in the Legislature concerning electricity deregulation. One that will help the consumers in East Texas and one that would help consumers across the state.

SB547
SB547 by Senator Eltife and it's identical version HB870 by Representative Hughes, will essentially stop electricity deregulation in East Texas. Senator Eltife's district is scheduled to begin deregulation of electricity in 2011 and will be just as screwed as the rest of us suffering from the failed promises of lower rates through competition.

Senate Bill 547 will essentially halt deregulation by requiring, among other things, a successful pilot program that proves deregulation will lower rates. Uh-huh. Right. SB547 and HB870 are in Calendars Committee waiting to go to the floor.

SB1481
SB1481 filed by rookie Senator Wendy Davis (She beat 20 year incumbent Kim Brimer) will allow consumers to "piggy back" on to a city's negotiations with electricity providers. The consumer who elects to sign up with the city can enjoy long term, lower rates leveraging the city's capability to negotiate. Of course, consumers will always have the ability to break away and attempt to negotiate on their own. It is a win-win situation.

HB2780, and identical bill, filed by Republican State Representative Keffer has been pending in committee. SB1481 has been submitted to the Business and Commerce Committee waiting for a hearing.

It is interesting that the de-deregulation bill for East Texas has advanced, but the bill to help consumers across the state has not. Shocking.

Why the hell not?

Finally, a state has overtaken Texas in the "What the Hell?" category or actually the "Why the Hell Not?" category.
Chris Simcox, the co-founder of the Minuteman Civil Defense Corps in Arizona announced Wednesday he is stepping down from his position with the Minutemen to challenge Sen. John McCain in the 2010 Republican primary

This is good. Not for Arizona, but for Texas. Finally we have a bigger wacko running for office than Kinky Friedman and Arizona might replace Texas as the laughing stock of politics. On second thought, we still have Governor Perry. And Leo Berman. Betty Brown. Dan Patrick. Fletcher. Leglar. Roy Morales. (Oh God help us.)

Eitherway, Arizona is in for a rally of white, republican, Mexican haters for the next two years.

Why the hell not?

Tuesday, April 21, 2009

Lege to Bush: Welcome home, sort of

A resolution to "Welcome home President Bush" by the Texas Legislature has had a bit of a tough sell. From Ken Herman of the Statesman:

The House Committee on Culture, Recreation and Tourism meets at 1 p.m. or upon adjournment in E1.010. It will hear Rep. Doc Anderson’s proposed resolution thanking former President George W. Bush. Democratic Rep. Lon Burnam objected to a previous version of Anderson’s resolution, saying it sounded a little too much like it was commending Bush for allowing torture, and also suggesting that it gave Bush too much credit for working with European allies. Ken Herman caught up with Anderson and Burnam to talk about the resolution on Monday:



Homebuilding industry supports fake licensing bill

The Texas home building industry is supporting a fake licensing bill, once again disguised as something good for the consumer, but there is a huge BUT in this fake licensing requirement.

The licensing provisions in the sunset bill HB2295 grandfathers all the builders (28,000+) that are currently registered with the Texas Residential Construction Commission. Only new builders registering with the TRCC will be "licensed". The requirements for licensing is as solid as a stick of butter on the front porch in the middle of August. It requires a builder, not one of the 28,000, to:
  • Complete an 8 hour course on warranties, building and performance standards, and the International Residential Code
  • Complete a test by the TRCC
  • Must file a $25,000 surety bond with the TRCC
This so called "licensing" is nothing more than what the TRCC currently does, which is register homebuilders, collect a fee, and require a few hours of night school or something similiar. It is a farce. A sham. Nothing more than deception on the part of the builders and provides an out for the elected officials to stand up and shout: "I STOOD UP TO THE BUILDERS!"

And the homebuilding industry is in favor of it. Imagine that.

Monday, April 20, 2009

What really happens at a Legislative hearing in Austin

So here I sit at the Elections Committee waiting for a hearing on HB3178. I thought it would be interesting to write about what happens at a hearing.

One of the first things that is blaring noticeable is that only 4 of the 9 members are listening. In fact Bohac, Bonnen, Pena, Harper-Brown, and Anchia are not at the hearing. This could be for a number of reasons. 1) They could be at another committee laying out a bill. 2) They could be taking a break, which is reasonable considering the long hours they work. 3) They could be listening to bills that are not controversial and would pass/fail regardless.

Unfortunately when a bill that you have worked on or have important information to provide comes up to be heard, it is disappointing to see that a quorum is not present. Many of the people who are here have take time off of work and have driven to Austin and have waited hours to speak their peace. It is a bit disheartening to see such a few Representatives present on the Committee.

But, that's the way your government works.

Ethics reform bill to be heard today!

State Representative Senfronia Thompson's Ethic Commission reform bill will be heard today in the Elections Committee. This bill would prevent many of the violations identified in "Don't Mess with Ethics" including over $3 million in undisclosed expenditures by 95 Legislators as well as spending their donors money to buy condos, memberships to exclusive golf courses, and paying family members for personal services.

The problems with the Texas Ethics Commission can be fixed to prevent these gross violations in the future with HB3178.

Live Stream: http://www.house.state.tx.us/fx/av/live/extlivecmte40.ram

COMMITTEE:

Elections


TIME & DATE:

2:00 PM or upon final adjourn./recess
Monday, April 20, 2009


PLACE:

E2.028


CHAIR:

Rep. Todd Smith

Congressman Olson asks for Wifi pork.

One of the many things that have changed since the Democrats took control of Congress is the way earmarks are processed. Before, Congressmen would include their particular earmarks into the budget without any disclosure. It was a "gentleman's" agreement.

Now, there must be full disclosure on who is asking for the earmarks, what the money will be used for, and how much is being requested. Former Congressman Nick Lampson stated that earmarks could be used to speed up funding for a much need project, but was also ripe for abuse. (Bridge to no where is an example.) The Houston Chronicle has an excellent story on this.

Congressman Pete Olson has asked for a small $2 million to put a state of the art wifi network at Ellington Air Force Base. This is a part of the $126 million in total he has asked for.

Ron Paul, who has blasted earmarks in the past, has asked for $398 Million including $4 Million for the Bay Area Houston Economic Partnership. (BAHEP)

Congressman Culberson,who threw a fit about earmarks, has asked for $192 Million including $6 Million to stop those pesky Mexicans crossing the border.

And Ted Poe is asking for $80 million to create more government jobs.

And that's the way it is.

Saturday, April 18, 2009

Bill to close primaries in Texas to be heard

A bill, HB1821. filed by State Representative John Davis (R-Houston) that will require registration with a political party 30 days prior to a primary will be heard in the Elections Committee on Monday. This would create "closed primaries" in Texas.

Rep Davis district has been devastated by Hurricane Ike. Many homeowners are still waiting for help to rebuild. Blue tarps for leaky roofs continue to dot the landscape. Smal cities are struggling with loss of tax revenue. Windstorm insurance rates have skyrocketed leaving many unable to afford coverage, and yet Davis has found time to file a bill to close primaries? Why?

Could it be to stop moderates from crossing lines and voting against Governor Perry in the upcoming primary? Clearly Hutchinson, a pro-choice republican, has the lead in the race for Governor. This bill would require anyone who would want to vote in this primary to register 30 days in advance, which would significantly reduce the numbers of moderates going to the polls.

The bill will be heard Monday in the Elections Committee. There will be opposition to the bill voiced at this hearing.

Friday, April 17, 2009

Ethics Commission reform bill to be heard

State Representative Senfronia Thompson's Ethic Commission reform bill will be heard on Monday April 20 in the Elections Committee. This bill would prevent many of the violations identified in "Don't Mess with Ethics" including over $3 million in undisclosed expenditures by 95 Legislators as well as spending their donors money to buy condos, memberships to exclusive golf courses, and paying family members for personal services.

The problems with the Texas Ethics Commission can be fixed to prevent these gross violations in the future with HB3178.

COMMITTEE:

Elections


TIME & DATE:

2:00 PM or upon final adjourn./recess
Monday, April 20, 2009


PLACE:

E2.028


CHAIR:

Rep. Todd Smith

Why Perry could beat Hutchinson

Who will be voting in the republican primary? Old, white, ultra conservative Christians who will not vote for a pro-choice candidate. Ever. Not even when their insurance rates have tripled, their electricity rates have doubled, their homes have been destroyed by a hurricane, all the while they are waiting for a handout from FEMA and stimulus money that Perry has declined.

It doesn't matter. They are not going to vote for a Hutchinson or anyone from Washington who wants to come to Texas to tell us how to fix things. (They do have that right)

While Perry is solidifying the ultra right wing vote by teabagging in public and calling for Texas to secede (which it can't), Hutchinson is trying to act like a fiscal conservative again calling for restraint in spending, much like she didn't do during the last 8 years. But that doesn't matter. She is pro-choice. And the republican party just can't have that. Seriously, they just can't go that direction.

Imagine if the republican party of white, so-called christian, conservatives, would support a pro-choice candidate for Governor. It would be hypocrisy at it's finest, and would take away their one remaining wedge issue to campaign on. They took care of gay marriage in 2003. They have beaten the anti-Mexican drum and lost. Their anti-taxes crusades have turned into a joke for the world to laugh at. What else have they have to run on besides the abortion issue?

And are they willing to give that up too? I bet not. Instead they will continue to support Perry who is beginning to look like a crack pot. Or crack head.

The republican party has no other choice but to join him. Smoke em if you got em!

Wednesday, April 15, 2009

The hearing on arbitration.

Notes from the hearing on HB2696 by State Representative Dan Gattis concerning mandatory binding arbitration:

Gattis lays out the bill. Gattis claims this does not bar the use of arbitration, in fact it protects the parties rights to arbitration. Arbitrator will be required to be qualified. State Bar task force, which Gattis was a member of recommended changes to the Texas arbitration act. Claims there is no opposition to the bill. (Might have been a joke)

Janet Ahmad is up. President of Homeowners for Better Building. Speaking about home construction. Builders use it as a weapon. As long as they have MBA, consumers lose. Warranties also have MBA. Credit card arbitration wins for the banks 99.3% of the time. MBA works with business to business.

Wayne Caswell of Homeowners of Texas. For, but not testifying.

Pamela Bolton of Texas Watch. There is no qualification for arbitrators in Texas. Anyone can be an arbitrator even with no legal qualifications. Consumers have no legal right to appeal a forced arbitration, but business does.

Tom Archer of Homeowners of Texas. Refers to a graphic. Provided by John Cobarruvias. Shows that the community of the Woodlands that shows every builder has a MBA clause and that all the warranties have MBA clauses also. So if you want to buy a new home, you have to sign this clause. None of the contracts allows a homeowner to opt out of the arbitration. There really is no "choice". Talks about the 7th amendment of the Constitution that provides protection for consumers. Talks of his cell phone company that just notified him of a BMA clause. This is a restriction of trade. Federal arbitration laws allow the State to allow a choice, but cannot abolish the use of arbitration.

Mike Shlick(?). Attorney in private practice. He profits from arbitration as an arbitrator. He uses the same arguments that the because of the Federal regulation, the State cannot do anything about the use of MBA. Much like immigration, I guess. Claims that if arbitration can be "fixed" everyone would be happy. That is not true. The problem is that arbitration is being forced upon home buyers. It is not a choice.

John Allan Chalk. Against. He is a private lawyer. He makes money from arbitration. He represents "both" parties in arbitration. (We hear that alot) Again, he will not address the fact that arbitration is forced upon consumers. blah blah blah. Claims consumers will fair worse if arbitration is not forced upon them. blah blah blah.

Lee Parsley. Against. OH GOSH! He is from Texans for Lawsuit Reform, the ass kisser of business. No doubt they will be for denying rights to consumers. blah blah blah. The chair interrupts the TLR ass kisser. He has trouble getting his lips off of the committees ass.

James Johnson. Against. An attorney. Makes money off of arbitration. Claims the consumer was better off in all of his arbitrations. Imagine that! blah blah blah. Stumbles. Claims he doesnt know anything about homeowners arbitration. Still claims it is fair, at least in his opinion. Asked if his opinions are public record. No. It is secret. So what he is saying is crap. He doesn't have any answers for tough questions.

Jason Doulett(sp?). Against. Claims federal law preempts a far arbitration bill like HB2696. Works with employment arbitrations. Someone questioning him about preemption about State law and Federal law. He begins reading off a legal matter. He is getting grilled. Rightfully so. He is dancing around. He is only a specialist on employment, but still offers his unqualified opinion on something he doesn't know about. Asks about the Constitution and the 7th amendment. Claims the Federal Arbitration Act can prempt the Constitution. Wow this guy sucks. Now he claims the FAA may not prempt the Constitution. He is all over the map on this issue. He has confused the situation instead of clearing it up.

Someone. I missed his name. And can't figure out what the hell he is saying. Admits that the Federal Government can override Texas lawmakers if they choose to stop MBA.

Abel Martinez. Neutral. HEB person. Probably on employment issues. No questions. Not sure what he was there for.

Dan Worthington. For the bill. Texas Association for Defense Counsel. Great testimony. If you are going to give up your rights to the Constitution, you should be given fair warning. Not too radical of an approach.

End of hearing. Gattis says he believes in the civil justice system. He believes arbitration is a secret process and we cant make rules because of this secrecy.

When homebuilders take your guns away

Can you imagine if the home building industry, in an attempt to keep you safe in your newly constructed home, would require as a prerequisite to buying a new home, that you sign a contract with a clause that prohibits owning a gun. If this would actually happen, Charleston Heston would rise out of his grave with his musket in his cold dead hand to defend the 2nd amendment of the United State Constitution.

Today (Weds) there is a hearing in the Texas Judiciary and Civil Jurisprudence Committee concerning the abuse of mandatory binding arbitration. The 7th Amendment of the Constitution provides a guarantee, like the 2nd amendment, to a civil trial for any dispute over $20.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
The home building industry has, as a prerequisite to buying a new home, required home buyers to sign away their rights to the Constitution and conform to mandatory binding arbitration, in order to protect them, much like taking their guns way. Unfortunately, Heston ain't getting out of his grave to come defend homeowners.

But someone should. We will see which so-called conservative will continue to support those who trample the Constitution when the bill comes up for a vote.

Monday, April 13, 2009

Texas Legislators afraid of ethics reform.

You would think that our elected officials would welcome reforms to the Texas Ethics Commission as reported by the Houston Chronicle that would prevent ethics violations. Instead they are stonewalling HB3178 by State Representative Senfronia Thompson while pushing through another bill that would discourage citizens from filing complaints.

A report titled Don't Mess with Ethics has identified over $3 million in undisclosed expenditures by 95 Legislators as well as spending their donors money to buy condos, memberships to exclusive golf courses, and paying family members for personal services.

There is no reason to stall Thompson's bill that would stop the abuse of ethics laws by preventing the abuse in the first place. Otherwise, the Texas Ethics Commission will continue to process complaints and our elected officials will continue to be in the news and digging in their wallets to pay the fines.

While stalling on Thompson's bill, HB677 by Rep Hartnett will actually punish those who file complaints 60 days before an election, a time when adherence to ethics laws is most important. Instead this bill has already been voted out of committee.

Go figure.

GOP offering teabagging partners

In preparation for the FoxTV group tea bagging event, the GOP has issued a call for individuals who would like to participate in tea bagging.
We all know that we will be steamy, sweaty, and hot on April 15, tax day, and hard at work to complete our taxes and will look for much needed relief. The GOP can provide that relief with a group tea bagging. All individuals who are interested in tea bagging can be provided a partner. "Tea bagging is best performed with two consenting tax paying adults" says the organizer of the event, Richard Head.
Those interested in tea bagging can join other white, over weight, elderly men in the tea bagging event. The event will be filmed live by FoxTV to be used in an upcoming GOP recruiting film called "Tea Bagging for Conservatives" produced by Gross Old People productions.

"Everyone is invited. Bring your GOP friends and family members (over 21) and join in our group tea bagging event. We have invited such GOP stars as Senator Vitter of Louisiana, Senator Craig, former Congressman Foley, and our favorite Bill Orielly." said Dick.

p.s. Please practice safe tea bagging.

Hearing on arbitration Weds April 15th

The Texas House Judiciary & Civil Jurisprudence Committee will be hearing HB2696 on arbitration filed by State Representative Dan Gattis. This bill will require all arbitration agreements to be agreed to by both parties. It also prohibits one party to require mandatory arbitration as a prerequisite to a purchase. It prohibits any contract that would circumvent consumers rights protected by the Constitution of the United States. (7th Amendment).

This would affect credit card agreements, roofing, home building, medical, cable services, and more.

COMMITTEE:

Judiciary & Civil Jurisprudence



TIME & DATE:

upon final adjourn./recess
Wednesday, April 15, 2009



PLACE:

E1.030



CHAIR:

Rep. Todd Hunter

Saturday, April 11, 2009

90% of Texans support Betty Brown's racist remarks

According to Republican Betty Brown's spokesman:

Jordan Berry, a spokesman for Brown, told The Associated Press on Saturday, that Brown's comment is being used by opponents of voter identification to obscure the real issues involved.

"Ninety percent of Texans – Republicans and Democrats – want the voter ID legislation," he said. "Let's move forward."

I doubt seriously if 90% of Texans support anything except naming bar-b-q as the State's vegetable, much less supporting a Voter ID bill that does nothing to stop voter fraud even though there is no evidence that it is happening.

But Betty "Lily White" Brown's spokesman would make you think that Voter ID is a huge issue with Texans instead of high electricity, insurance, and college education costs. It just isn't happening. I don't know what Betty put in her Apple Brown Betty, but sure isn't reason.

Maybe what she meant was 90% of Texans do not support Betty Browns racist remarks. That I can believe.

When Chinese Drywall attacks Texas home buyers

The Houston Chronicle has posted an article concerning the use of drywall made in China. It is bad enough we have flag pins made in China, but now it could be in new home construction or remodeling jobs as a result of Hurricane Ike.

PARKLAND, Fla. — At the height of the U.S. housing boom, when building materials were in short supply, American construction companies used millions of pounds of Chinese-made drywall because it was abundant and cheap.

Now that decision is haunting hundreds of homeowners and apartment dwellers who are concerned that the wallboard gives off fumes that can corrode copper pipes, blacken jewelry and silverware, and possibly sicken people.

As bad as this sounds, and it is, it can be worse in Texas. The Texas Residential Construction Commission, is not capable of handling such a problem only defects and structural. This drywall problem is more environmental than anything else, which the TRCC has no experience in.

Home buyers in Texas also have lost their rights to the court and must accept mandatory binding arbitration which could also limit their participation in a class action suit. This issue is a prime example of why class actions suits are necessary. Many have already been filed on the federal level.

If you are thinking of buying a newly built home, think twice, or if you feel lucky, take a gamble on your financial well being and hope you do not get a home partially built in China. You will regret it like the day you went to Vegas in a $40,000 Cadillac and came home in a $250,000 bus.

Friday, April 10, 2009

Representative Betty Brown to change name

State Representative Betty Brown, after suggesting to an Asian American to consider changing their names to something more American, has decided to lead by example and change her name.

"I wanted to change my name to reflect the values and the racial diversity of the republican party. So from now on my name will be Lily White."

Thursday, April 09, 2009

A Statement by Representative Betty Brown

A statement from State Representative Betty Brown concerning her unfortunate comments at the Voter ID hearing:

As a long time member of the great House of Representatives of Texas, I want to take this opportunity to clear up any misunderstanding concerning my statement about Asian-American names.

I made a statement about how difficult Chinese names can be to the average redneck, republican, like myself. I mean, who in the hell would think "Nguyen" would be pronounced "When"? And how about "Ngo" pronounced "No". Who would have thunk the g would be silent? The word Gnu doesn't have a silent g. For Budda's sake, this can be confusing. And that initially was my point.

Maybe I should have spoken loud and slow during the hearing so the Chinese Americans could understand the words coming out of my mouth. Or maybe I should bring tacos and burritos so the colorful Hispanics can accept me, an old white girl, into their Mexican barrios filled with drugs and teen age pregnacies. In the future, I might even drink a lot so the Irish could understand my slurring words. And as far as the Italian Americans go, just fuget bout it.

I hope all proud Texans, and also Chinese, Japanese, Mexican, Irish, German, and Irish Americans will forgive me if I do not stoop to their particular language, or culture, after all I am just an old white American like everyone else.

I hope you will not only forgive me, but you will work to be a real American like me.

Asian Americans on Apple Betty Brown's comments

Asian American Democrats of Texas Media Statement on Rep. Betty Brown and SB 362
MEDIA STATEMENT

STATEMENT FROM ASIAN-AMERICAN DEMOCRATS OF TEXAS
Contact: Mustafa Tameez 713.247.9600

------------------------------------------
State Representative Betty Brown's recent comments demonstrate how much work remains to be done in order for the Texas Legislature to recognize the diverse reality of this great state. According to the nation’s largest nonpartisan exit poll of Asian Americans(*), nearly 70% of Asian voters were asked for ID at the polls - in states where no ID was required. In New York City, where there is no ID requirement, the study showed that 1 in 6 Asian Americans were asked for ID, while white Americans in the same study were not asked for proof of ID.

Over the past several years, as voters have been able to understand a ballot in their native language, we've seen dramatic changes in who represents Texas voters.

Since 2002, there have been three Asian-Americans elected to the Texas State House of Representatives - two Republican, one Democratic. None of these were elected in majority-Asian districts. Apparently, thousands of Texas voters were smart enough to evaluate these candidates on their merits, look at their name, and vote according to their preference.

Yet, in 2009, State Representative Betty Brown is under the impression that election workers whom we entrust to conduct the most vital component of American democracy cannot match a name on a voter registration card with the name on voter rolls. Rather than suggest that the hundreds of thousands of Texans of Asian descent change their names for a handful of election officials incapable of making a match, perhaps the problem lies elsewhere. Unfortunately, Brown has decided to cast her lot by answering a question that hasn't been asked with her support of Voter ID (SB362).

Mustafa Tameez - a leading expert of Asian American voting trends - said, "Additional restrictive Voter ID requirements such as SB362 will have a disparaging impact on Asian American voters." He went on to add, "It would seem that State Representative Brown should be more concerned about better training for a few election workers than millions of Texans having to change their name because they have more than one vowel in their last name."

"The Asian American Democrats of Texas (AADT) is encouraging Asian American voters to contact their state legislators and urge them to oppose SB362," said A.J. Durrani, president of AADT.

The Asian American Democrats of Texas is a Statewide Democratic organization affiliated with the Texas Democratic Party, as well as a registered Political Action Committee with the Texas Ethics Commission.

Visit www.aadt.us for more information about our organization, to sign the petition against SB362, and for information about how to become a member.

Wednesday, April 08, 2009

Move over Leo Berman!

State Representative Leo Berman has competition for the Racist in the Texas House award. State Representative "Apple" Betty Brown, made some racial remarks during the debate on the Voter Suppression Bill. According to the Houston Chronicle Apple Brown Betty said to a young oriental individual who was giving testimony:
“Rather than everyone here having to learn Chinese — I understand it’s a rather difficult language — do you think that it would behoove you and your citizens to adopt a name that we could deal with more readily here?” Brown said.
How about asking Republican State Representative Kleinschmidt the same question. Or Representative Zerwas, or maybe Senator Eltife. (what is that? French?)

Brown and Leo Berman are a walking set of racists stinking up the place like aunt Bee's burnt apple brown betty. This is the republican party. This is what the bill is all about. It is racism. Anyone wanna bet the Brown Betty will issue an apology to the person who testified?

The State of the State of Texas 2009

It didn't get any better from 2007. Once again, Texas lines the bottom of the bird cage being #1 in highest insurance rates in the nation, some of the highest rates of electricity, number of Texans with no health insurance, most polluted state in the nation, and the list goes on.

You would think that after a decade of republican rule, we would move up in the world. According to a report, Texas on the Brink, compiled by State Senator Shapleigh (D-El Paso) Texas continues to fight Louisiana, Mississippi and Arkansas for the title of Worst State to Live in.
In Texas today, the American dream is distant. Texas has the highest percentage of uninsured children in the nation. Texas is dead last in the percentage of residents with their high school diploma and near last in SAT scores. Texas now has America’s dirtiest air.
Of course the far right will blame it on the illegals who are building new homes in Texas as one of the reasons for this problem, and yet after a decade, what has the republican party done about illegal immigration except talk about it? Has Governor Perry demanded raids at new home building sites? No. Did he call President Bush, a republican, to demand emergency legislation to stop home builders from encouraging illegal workers to come to the US? No.

But that is a distraction. Texas sucks to raise a family or to work in. A worker horribly injured in a industrial accident has little if any rights against the company. We are #1 in teenage pregnancies, uninsured children, uninsured population. #1 in toxic pollution in the country.

So if you are moving to Texas, consider voting to help turn our state around. BTW:
  • Percent of Voting-Age Population that is Registered to Vote: 42nd
  • Percent of Voting-Age Population that Votes: 50th
  • Number of Convicted Public Officials: 3rd

Tuesday, April 07, 2009

Bob Perry, the new mouthpiece of the GOP

We have Democrats saving Bob Perry's Residential Construction Commission (PRCC) and now Bob Perry's mouthpiece, (spokesman because Perry hides in his mansion) Anthony Holms has now been hired by the House Republican Caucus for message development.

According to Quorum Report:

Anthony Holm has been hired by the House Republican Caucus for message development and communication assistance, QR learned today.

The announcement was made at the meeting this morning. This follows an earlier attempt to hire consultant Ryan Erwin. However, as might be expected, there was pushback by some because Erwin was the lead consultant in stiff Primary challenges to Charlie Geren and Jerry Madden last spring.

While not active in any recent GOP incumbent primary challenges to our knowledge, some are grumbling that Holm also serves as the spokesman for controversial homebuilder Bob Perry.

Controversial? He spent $3.2 Million on republicans in 2008. His Senior Vice President wrote the bill that created the self regulating home building commission. And he is now infecting Democrats such as Representative McClendon (D San Antonio) to save his beloved commission from sunsetting.

And now, he will be the mouthpiece for the republicans in Austin. Nothing like selling out to the highest bidder.

Monday, April 06, 2009

Wrestlemania from the inside

I've always wanted to attend a Wrestlemania event and when I heard it was coming to Reliant stadium, I got two nose bleed tickets at a cheap price of $60. It was a once in a lifetime fun event. It was almost like going to the grand canyon, you eventually get tired of staring at a giant hole in the ground.

The Cost.
When a sold out crowd came to watch motocross, parking was $6. When Wrestlemania came, it was $20 to park next to 610 and walk half a mile. No shuttle bus. No kiss on the cheek. Just $20 to park you car. Beer was $8. Programs $20. Cheap seats $60 plus $12.50 service charge from Ticketbastards. T-shirts were $30 each. My son got two, one large, and one X-Large.

The Event.
Kid Rock was in the house and he sucked. The acoustics were absolutely horrible. Couldn't understand a word he said except "MY NAME IS KIDDDDDDDDDDDDDDD". Too bad. The song he played can be found on youtube.

Luckily we had binoculars, although there were big screens everywhere. The lighting and special effects were pretty cool, but probably better on pay per view. The best scene of the evening was when the lights were down and the beams of sunlight shined through the corridors into the arena. Very cool. In the picture you can see the big screen TV in the bottom right which is over the ring. Gives you and idea of what nosebleed means.

So the wrassling.
I don't know, but it sure looked fake to me but that didn't stop everyone from yelling and screaming or jumping to their feet when the Undertaker put the Tombstone on Shawn Michaels. Twice. That was the best match of the night. Undertaker remains undefeated in Wrestlemania events at 17-0 but it was a very close match.

Ray Mysterio took just 30 seconds to dispose of JBL who took 3 minutes calling Texans a bunch of redneck hillbillies. The quick count out allowed those in the crowd to go downstairs for some possum on a stick. Dems good eatin'.

Mickey Rouke was sitting ringside and entered into the ring to put a left cross on Chris Jericho after Jericho put down three Hall of Famers including Rick Flair and Rowdy Roddy Piper. WOOOO!

John Cena defeated 7 foot tall, The Show, and another dude that I can't remember his name, but he hangs around the wife of Eddie Guerrero who died a few years ago from a heart failure. I liked Eddie. He was a cool guy. John Cena at one time picked up both the 350 lbs The Show and the other guy. Cena is now acting and has a movie in the theatres.

After a few hours of staring at the hole in the canyon, we left to beat the crowds and missed Triple H and Randy Orton.

In conclusion.
Great event. Afterward we waited at the gate for our $20 ride to our parked car. It never came.

Will the Democrats save Bob Perry's Commission?

Note: I've dedicated significant amount of time and hard work for the Democratic Party. So it bothers me writing this about Democrats in Austin.

Background:
In 2003 the Texas Residential Construct Commission (TRCC) Act was written by the vice president of Bob Perry Homes. Six years later after two state agencies have called for its abolishment, and no support by any consumer organization in the state, there is a chance that this agency will be allowed to "sunset" as was the recommendation by the staff of the Sunset Commission after a detailed study.

Perry's Donations:
Bob Perry isn't exactly a friend of the Democratic Party, donating over $3.8 million to republicans in 2008 alone and financing the attacks on a Vietnam Veteran and candidate for President, John Kerry. And yet, it is a Democrat who has filed a bill to save Bob Perry's Commission.

More surprising is that two Republican State Representatives, Dan Gattis and Todd Smith, have filed bills to abolish it! Rep. Todd Smith called for an investigation by the Texas Comptrollers Office in 2005 which resulted in a scathing report calling for its abolishment. Rep Gattis has filed a bill to abolish the Commission and a bill to stop the abuse of mandatory binding arbitration.

State Representative Ruth McClendon:
Other Democrats are also supporting Bob Perry. Rep Allan Ritter (Democrat Nederland) filed the bill that Perry wrote that created the TRCC. Rep Al Edwards (Useless Houston) cosponsored the bill. In 2007 Representative Ruth McClendon (Democrat San Antonio) helped Rep Ritter with a bill that "fixed" the Commission, when in reality it did nothing for consumers.

Now, in 2009, the torch has been passed to Representative Ruth McClendon to serve and protect Bob Perry's Commission. And she is doing a great job with HB2295, the Sunset Bill. HB2295 was suppose to be the bill to fix the flawed foundation of the TRCC, instead it makes just minor cosmetic modifications. It is like offering a hat to someone buried up to their neck in sand. It looks good, but doesn't address the real problem.

Democrats will be to blame:
If the TRCC is not sunsetted this session, the Democrats will be to blame. This Commission is a case study in corruption. It is a farce of a consumer protection agency, wasting $10 Million a year on 80 employees to provide little if any help for Texas families with a finanacial disaster. Newspapers across the State have weighed in against this Commission. Consumer organizations are calling for its abolishment and homeowners across the state have been traveling to Austin to attend hearings where no one is listening. Even members of the Republican Party with a history of anti-consumer policies, are calling for an end to it.

The Democrats have a chance to support families in Texas or Bob Perry. The vote out of the Business and Industry Committee on HB2295 is coming soon. We will see who will do what.

Sunday, April 05, 2009

John is at WrestleMania . . . With Live Updates!


So, our friend John (JC) is at WrestleMania, and through the miracle of the internets and cell phones, he was able to send this picture to me to show all of you - because he knows you have that bated breath thing happening. Yes, it's a craptacular photo, but what do you expect from a lame cell phone?

Apparently, it's on pay per view at 6 PM. I learned that and other fun facts on the WrestleMania website. For example, someone named "The Undertaker" is "performing". There is EXCLUSIVE COVERAGE on that website. There are photos of WWE Divas (big boobies alert). There is so much more on that website that I do not understand at all. Really! Go see for yourself.

Can I just say, I've never seen such a bunch of unattractive men in my life? Those wrestlin' guys are some ugly dudes. But they attract women with big boobies!

UPDATE: JC just sent me a text message that he is "bonding" at WrestleMania.

I'm alarmed.

UH. OH. ANOTHER UPDATE FROM JC: Kid Rock is playing. Says sound is s#*t. (Muse Diva - that's my WWE Diva name tonight - Is it a requirement that you have to be nasty ugly to perform at this cultural event?? Kid Rock, you are not pretty!)

(We are calling John "JC" tonight because it sounds all wrestley.)

JC UPDATE 6:44: Girls with big boobs up on stage next!

Wait, Wait . . . JC says the highlights are: $20 to park. $8 beers (x12). $20 for a program. (OMG! It's like we are there! Except we are not out $136 plus the cost of tickets. Yay for us!)

7:56 JC UPDATE: The Undertaker is coming!!!!!!!!!!!

8:37 UPDATE: Our friend Sherrie Baby (that's Sherrie Matula's wrestler name tonight) calls in to report that she is following the action here on BAH! (BAH! is the blog's wrestler name tonight). Also, Sherrie Baby reports she beat all the boys at arm wrestling back in the day. Sherrie Baby, you are brutal!!!!!

8:43 JC UPDATE: The Undertaker wins!! Smackdown!! (Isn't that a wrestler term?)

Uh. Oh. JC texts that his lame cell phone battery is dying. Is this the end of our WrestleMania adventure? BAH! gets SMACKDOWNED by a cell phone.

Saturday, April 04, 2009

Power Watch: Electricity rates for April 2009

Electricity rates seemed to have bottomed out and should begin rising, based upon last years information. Last year rates took a big jump in May.
Gexa Energy advertised a 9.9 cent per kWh rate last month is now at 12.5. Amigo was at 9.9 two months ago, but is now higher than Reliant at 14.8.
Reliant Energy has the second highest rate at 15.6 cents per kWh for a 12 month contract. Kinetic and StarTex, have the lowest at 10.8 for a 12 month contract. Dynowatt has a rate of 10.8 but it is for a 16 month contract, a gimmick that will lock you into a very high rate when you resign at the end of your contract. Think twice about this. Brilliant continues to have the highest rates at an incredible 18.9. Brilliant!

TXU is at 14.7 for a 12 month contract or 14.9 for a 24 month contract, about 40% higher than their competitors and about 90% higher than pre-deregulation rates.

Look for rates to increase in May.

Nick Lampson for NASA Administrator

According to the Houston Chronicle and other sources, former Congressman Nick Lampson is on a short list to be the new NASA Administrator. I always thought Nick could be a very good choice for the position and NASA, especially JSC, would benefit from his selection.

Prior to re-redistricting, Nick served the Galveston, Beaumont, area and a small part of Harris County which included NASA/JSC. He has always been an advocate for the space program and during his last term forged bipartisan support for long term funding. Unfortunately, he wasn't a republican, so the voters elected rookie Pete Olson.

NASA/JSC lost a tremendous amount of clout when Olson was elected. With a Democratic Administration and a rookie Congressman, JSC had no voice in the White House. Lampson was in line for the chair of the Space Subcommittee which oversees NASA. Olson, as a rookie, is now the ranking republican on the Committee. The chair, Congresswoman Gabrielle Giffords is a Democrat from Arizona and a good friend of Nick. Gabrielle is married to an astronaut, which just can't hurt.

Nick, as a Congressman, had always been one to reach out to everyone in his district. During his last two years, he had townhall meetings across his district, including a monthly event at a local NASA restaurant to discuss space policy. The crowd was a great mix of young, old, engineers, administrators, republicans, and Democrats. There was never a screening process on attendance, or a screening process for questions and answers.

Nick is not a rookie when it comes to NASA and he has strong ties to the White House and the leadership of the House and Senate. With an economy in the mend, and aging Shuttle fleet, and scarce funding, Nick is the perfect choice for the Administrator for NASA.

Congressman Pete Olson knows how important it is for NASA/JSC to have Nick as the Administrator and has voiced his support for Nick. Nick is a good choice for NASA and a great choice for JSC.

Friday, April 03, 2009

It is a good idea to buy a new home in Texas?

With stimulus money coming into the state to help consumers buy a home, potential buyers should consider whether buying a newly constructed home in Texas is worth the risk vs buying a used home. Buying a home with a serious construction defect can ruin a family's financial stability and can cause tremendous pressure on the marriage.

There are plenty of homes available for purchase and at great prices. There is no good reason to buy new, but there are plenty of reasons not to. Don't risk your family's future by taking a risk with a newly constructed home.

Below is a comparison chart provided by Homeowners of Texas (HOT) (Special thanks to HOT for providing this information.

Buying an EXISTING Home

Buying a NEW Home

Realtors are Licensed.
The Texas Real Estate Commission (TREC) assists and protects consumers of real estate services, thereby fostering economic growth in Texas. Through its programs of education, licensing and industry regulation, the Commission ensures the availability of capable and honest real estate service providers.
Homebuilders & Contractors are NOT Licensed.
The Texas Residential Construction Commission (TRCC) registers builders and remodelers. The agency does not license builders and instead protects them while regulating homeowners. Without licensing, the agency has no way to ensure that builders are capable or honest and can’t weed out bad builders or help consumers find good ones.
Real Estate Inspectors are Licensed.
TREC requires education, experience and liability insurance to become a real estate inspector. Inspections cover conditions that are present and visible. They don’t cover unseen structural elements that can cause problems later, such as what’s behind walls or inside foundations.
Home Building Code Inspectors are NOT Licensed.
Home inspectors need a greater knowledge of building science and should monitor the construction process from one stage to another. But unfortunately they are not licensed or regulated and may have long-established builder relationships.
State-approved Sales Contracts Protect Buyers.
TREC requires the use of State-approved contract forms for any agreement that binds the sale, exchange, option, lease or rental of real property and defines the legal rights of all parties. Licensees may only fill in the blanks provided and may not add to or strike standard wording.
TAB-provided Contracts Favor Builders.
The Texas Association of Builders (TAB) promotes its Contracts Package as saving its members thousands of dollars in attorney fees. The contracts include mandatory Binding Arbitration clauses that block homeowner access to courts, are generally non-negotiable, and protect builders rather than homeowners.
Full Disclosure is Required.
TREC requires the seller to disclose the known condition of the property, including soil conditions, foundation, roof, ceilings and walls, water penetration, aluminum wiring, termites, range, oven/microwave, dishwasher, disposal, water heater, central A/C, security system, smoke detectors, intercom, plumbing, pool/spa, and garage door openers.
Disclosure is Not Required.
Texas does not require builders to disclose construction defects, soil conditions or other problems. Unscrupulous builders take advantage of this deficiency and do their best to conceal known problems. Even when consumers complain to the TRCC and defects are confirmed, the agency lacks the ability to compel builders to fix the problems.
Home Warranty is an Option.
The Sellers' Disclosure of Property Condition is not a substitute for any inspections or warranties the purchaser may wish to obtain. Consumers can buy home warranty insurance regulated by the Texas Department of Insurance. Terms vary, but policies don't generally cover the most expensive problems that can occur in foundations and other structural elements. Neither do TRCC standards.
New Home Warranties can have Illusory Terms.
Texas requires builders to provide minimum warranties of one year for workmanship and materials; two years for plumbing, electrical and HVAC systems; and ten years for major structural components and habitability. The terms can be illusory because of TRCC defined exemptions, however, and builders can shift their responsibility to 3rd-party warranty companies.
Buyers have Flexible Legal Remedies.
If complaints are filed against licensed professionals, their license can be revoked. In addition, homeowners have various other options for resolving disputes with sellers, realtors, inspectors, attorneys, or title & mortgage companies, including mediation, arbitration and civil suit.
Buyers have Limited Legal Remedies.
The Residential Construction Liability Act (RCLA) already protects builders by preventing class action suits and the recovery of punitive damages and attorney fees. TRCC further protects them through a State Inspection Process that blocks access to other legal remedies

Thursday, April 02, 2009

US Senators seek ban on chinese drywall.

And rightfully so. This stuff is bad.
The bill by Sens. Bill Nelson, D-Fla., and Mary Landrieu, D-La., seeks to recall the drywall believed to be emitting "rotten egg" odors and causing unusual air conditioner problems in homes in Florida, Louisiana, Mississippi, Texas and Virginia.
Many years ago during the synthetic stucco problems, we (Homeowners Against Deficient Dwellings) asked the Texas Attorney General (John Cornyn at the time) to investigate and get the product off the market. Homes were literally coming apart under the stucco. Two by fours would crumble in your hands and there was a moisture problem causing mold. The AG didn't do anything and homeowners still today are buying synthetic stucco homes.

Good to see the US Senate is taking the right steps. This chinese drywall is bad stuff.
The chemicals have damaged houses, fixtures and personal property, rendering 60,000 homes in 13 mostly Sun Belt states unsafe and uninhabitable, the lawsuit alleges.

Gexa Goofs on customer's private data

Gexa Energy currently providing a rate of 11.5 cents per kWh had a data breach that may have involved customers non-public personal information. According to a letter sent to Gexa customers (and non- Gexa customers):
Our monitoring systems alerted us to an intrusion into our computer systems on April 30, 2008... We are notifying you as soon as we were permitted [the delay was due to directions by law officials] because the information accessed may have included your name, date of birth, and/or government isued identification number such as driver's license number, social security number or passport number.
Yep, a year ago. And it involves social security numbers. But, Gexa advises customers to check their credit history to see if they have had unusual charges.....over the last year.

So how's that deregulation going?

Wednesday, April 01, 2009

Campaign donations for Perry's Residential Construction Commission

Bob Perry's Residential Construction Commission (PRCC pronounced...uh...use your imagination) is being challenged in the Texas House and Senate this session. For what it's worth, here is a summary of how much money Bob Perry has donated to our elected officials and organizations. The entire spreadsheet can be downloaded here.

State Representative Quintanilla might have said it best during a hearing last week concerning the PRCC Resucitation Act of 2009, as reported by the Dallas Morning News:
"Maybe the tail was wagging the dog," said Rep. Chente Quintanilla, D-El Paso, the only member of the House committee who has never received a donation from Perry.
Whether the tail is wagging the dog is for others to decide, but the facts concerning Perry's donations are clear. In 2008, Perry donated $4,238,250. $364,000 (8.5%) was donated to Democrats. $60,000 of this went to Representative Al Edwards who co-sponsored the bill to create the PRCC in 2003. Representative Alan Ritter who created the TRCC recieved no month in 2008 from Perry. Representative Ruth McClendon only recieved $2500 and yet she is filing the PRCC Resucitation Act of 2009 (HB2295). Perry did not donate any money to any consumer organizations in Texas.

The remainder, $3,874,250 was donated to Republicans and conservative organizations and front groups like Texans for Lawsuit Reform ($250,000). State Representative Gattis who has filed a bill to abolish the PRCC did not receive any money from Perry. Rep Sid Miller who sits on the Subcommittee and will case a vote on the bill to abolish received $30,000.

$4,238,250. He donates. You decide the fate of the PRCC. You can download the spreadsheet here.