Hearing on Wendy Davis' Candidacy for Sen. Distict 10 Scheduled Monday, Jan. 23

By Tarrant County Democratic Party - Jan. 18, 2008
Hearing on Wendy Davis' Candidacy for Sen. Dist. 10
Scheduled for Monday, January 23rd, 11am

The Firefighters' appeal to Chairman Art Brender's decision to declare Wendy Davis eligible as a candidate in the Senate District 10 Primary will be heard by the Court of Appeals on Monday, January 23rd, at 11am.

The Hearing will take place on the 9th Floor of the Tarrant County Justice Center.

Educators fuel election chaos

By Faith Chatham - DFWRCC - Jan. 14, 2008
The Texas Education Agency receives my "Bonehead of the Year Award" for scheduling TAKS testing on primary election day without sending clarification to school districts that state law requires that public buildings (including schools) must accommodate elections on election day.

Across Texas County Election officials and County Chairs of both political parties are scrambling to sign election contracts while many school districts are refusing to accommodate the elections. Some counties are suing school districts to get access to the buildings. Some school districts are accommodating the elections. Others are standing firm refusing to accommodate the elections. Citizens are confused. Most news coverage is sketchy and incomplete or inaccurate.

Here is what I've learned about how educators who are charged with teaching our school children civics and government blew this one out of the water!

Some school districts wanted to delay the start of the school year for the Spring Semester. The State Board of Education is responsible for administering a "student assessment instrument and is charged in Texas Education Code Chapter 39.027 (a)(2) with adopting a schedule for administrating the end-of-course assessment.

State law was change so that the Texas public schools' spring semester could start later than last year. A change was made in the Texas Education Code 39.023(c-3) so that this year the first end-of-course assessment tests must be administered at least 2 weeks later than that they were last year.
The language in the Education Code was changed to read:

(c-3)In adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall require:
(1)assessment instruments administered under Subsection (a) to be administered on a schedule so that the first assessment instrument is administered at least two weeks later than the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year;

Texas Education Code 39.023.c-3 does not require that the TEA set the TAKS test on March 4th (election day). It merely requires that the date must be at least 2 weeks later than last year. I have phoned TEA Legal inquiring if they reviewed Texas Election Code 43.031 requiring that public buildings accommodate elections and sent information to the school districts clarifying that TAKS testing cannot hinder the accommodation of elections on election day when they scheduled TAKS testing March 4, 2008? I have not received a response yet from them.

Texas law does not require TAKS testing on March 4th (election day). TEA chose to schedule it on March 4th (one of many dates after the time stipulated by state law that the first end-of-course assessment test must be scheduled.

I think this is a very boneheaded decision by State Bureaucrats. Those who scheduled TAKS testing on election day and those who approved that schedule have thrown the election process into unnecessary chaos. Election administrators, parties, candidates are struggling to determine where the elections will be held. Some counties are suing the school districts to require them to accommodate the elections according to Texas Election Code 43.031. Others moved the elections to other sites, often at an inconvenience to the voters. (When election sites change, a percentage of voters fail to learn the new sites in time to vote - depressing electoral turnout.) Some communities simply do not have suitable alternate sites available in the precincts to hold the elections.

I sent this message to the Texas Education Agency:

You have flunked the test in citizenship and applied civics! Entrusted by the citizens of this state to teach our children about CIVICS, GOVERNMENT, PARTICIPATION in the DEMOCRATIC PROCESS, you either failed to check or chose to ignore that March 4, 2008 is a primary election day. State law requires that public buildings be made available for elections yet you chose to schedule (or approve scheduling) TAKS testing on election day. Your irresponsible, short-sighted, ignorant actions diminishes the ability of election officials and candidates to clearly communicate where the polling places will be in time for ALL CITIZENS to participate. If you allow school districts to refuse to allow the elections to be scheduled in school buildings, you are violating the law and betraying the trust of the citizens. Testing is important. Education is important. Showing our children by EXAMPLE is also important. The message you have sent is loud and clear: Elections don't really matter that much to the Texas Board of Education. Elections are an inconvenience that do not merit careful examination of dates on the calendar which ANY ELECTED OFFICIAL, POLITICAL APPOINTEE, CIVICS TEACHER, REGISTERED VOTER reserves for participating in elections.
The boneheads in your agency who scheduled TAKS testing on Election Day should be informed that it was a MISTAKE. Correct your mistake. Send a strong message to teachers, educators, pupils and your fellow citizens that your agency values our Democratic process enough to relinquish accommodate the elections on school premises March 4th. Make it a policy that all election days will be scheduled on your calendar before you begin filling in dates which are not SET BY LAW.

If you want to write them the email link to their website form is: http://www.tea.state.tx.us/tea/contact.html

I recommend that you also phone them. It is easier to ignore contact forms. When their switchboard also lights up the e-mail responses have greater impact.

The Texas Education Agency is located in the William Travis Building
1701 N. Congress Avenue
Austin, Texas, 78701

Those who oversee (and vote to fund) the TEA include:
Gov. Rick Perry - Tara Balleau (512) 799-9240 is the governor's point person on education.
In the Lt. Governor's office Andre Sheridan (512) 463-0108 is the Education Point Person.

Members of the Texas Senate Committee on Education include:

Chair of the Senate Education Committee: Senator Florence Shapiro (512) 463-0108 (972) 403-3404 - email form

Senator Royce West - (512) 463-0123 or (214) 467-0123
Senator West's education point person is Lajuana Barton lajuana_d.barton@senate.state.tx.us

Senator Kyle Janek - (512) 463-0117 (800) 445-2635
Senator Janek's point person on education is Casey Haney email: casey.haney@senate.state.tx.us


Senator Judith Zaffirini (512) 463-0121 (956) 722-2293
Her education point person is Warren von Eschenbach email: warren.voneschenbach@senate.state.tx.us

Senator Steve Ogden (512) 463-0105 His education point person is Patty Guerra
email: patty.guerra@senate.state.tx.us


Senator Leticia Van de Putte (512) 463-0126 (210) 733-6604
Her point person on education is Ida Garcia email: ida.garcis@senate.state.tx.us

Senator Tommy Williams (281) 364-9426 His point person on education is his chief of staff Janet Stieben email: janet.stieben@senate.state.tx.us

Senator Dan Patrick (713) 464-0282

I suspect that there may be attempts at TEA (if there is enough outcry)to blame some low level staffer. However, this date was set months ago. It went all the way up the supply chain and officials all the way up signed off on it. The responsiblity for ensuring that directives from the TEA complies with State Law (including State Election Code) rests with the top. The legal team should have reviewed this, conferred with the Attorney General and SOS and issued a directive to all school districts clarifying that if TAKS testing occurs on an election day, the school districts still have to accommodate the elections. The buck rests at the top. They are responsible for triggering law suits between county election officials and school districts throughout Texas, impacting every voter in Texas and sending a very bad message to our school children that elections really aren't that high a priority with this state's "Educators."

I think it is time to EDUCATE the educators.
REFERENCE: Texas Election Code 43.031
Education Code 39.023(c-3)

TURF prevails as Judge grants continuance, allows discovery - TURF attorneys may depose top TxDOT officials

(Editor's Note by Faith Chatham: Even though this is my personal blog and is not affiliated with TURF, I am thrilled that T.U.R.F. was granted a continuance in its lawsuit on behalf of all of us with TxDOT. Here is San Antonio Toll Party founder and T.U.R.F. executive director Terri Hall's account.)
By Terri Hall - T.U.R.F. - Oct. 18, 2007
Austin, TX – Thursday, October 18, 2007 - In Travis County District Court today, Judge Orlinda Naranjo granted Texans Uniting for Reform and Freedom (TURF) a continuance allowing TURF to move to the discovery phase and depose top Transportation Department (TxDOT) officials, including Transportation Commission Chairman Ric Williamson himself. Allowing discovery is vital for TURF to force TxDOT to hand over key documents that they’ve been withholding via Open Records requests. TURF is seeking to immediately halt the illegal advertising campaign and lobbying by TxDOT (read petition here).

The State was attempting to throw us out of court with their favorite “get out of jail free” card (called the plea to the jurisdiction), but TURF’s attorneys, Charlie Riley, David Van Os, and Andrew Hawkins outmaneuvered Attorney General counsel Kristina Silcocks to file a motion for a continuance to allow TURF to move to the discovery phase to gather evidence to show TxDOT’s top brass broke the law with the Keep Texas Moving (KTM) ad campaign and lobbying Congress to buyback interstates.

“This is a great victory for Texas taxpayers!” an elated Terri Hall, TURF’s Founder and Executive Director proclaimed. “This egregious misuse of $9 million of taxpayer money by a rogue government agency is one MAJOR step closer to being stopped.”

The tide seemed to turn when Riley showed the affidavit by TxDOT’s Helen Havelka was false. TURF uncovered this August 13, 2007 memo by Coby Chase (read it here) through an Open Records request showing the Keep Texas Moving campaign was not over and in fact it has multiple phases planned with the next one fashioned to influence the upcoming Trans Texas Corridor TTC-69 NEPA (National Environmental Policy Act) hearings planned for early 2008.

With a clear attempt to mislead the court by causing Judge Naranjo and the public to believe the KTM Campaign was over when in fact it isn’t, the State’s credibility and case went downhill from there.

“I wonder what TxDOT’s top brass is saying tonight as they’re being informed they’ve now been added as defendants and may be deposed under oath about their lobbying and ad campaign activities,” pondered Hall. “My guess is the phones are ringing and the paper shredders may just get fired-up."

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

On Monday, September 24, Judge Naranjo did not initially grant a temporary restraining order (TRO). TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). The burden to obtain a TRO is higher than for an injunction.

“TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT cites its own special law to line their own pockets at taxpayers’ expense,” says an incredulous Terri Hall, Founder/Director of TURF.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad, scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. The petition seeks immediate injunctive relief in a civil proceeding.

Updates to TURF’s petition and supplemental affidavits will be posted soon.

Contact info for TURF's attorneys:
Charlie Riley - 210-225-7236
David Van Os - 210-821-1700
Andrew Hawkins - 512-477-2320
David Rogers - 512-301-4097