Death Star Update: Preemption Bill Closer To Passage

May 16th, 2023

Remember the “Death Star” preemption bill designed to prevent left wing local governments from doing amazingly stupid things? Now it’s one step closer to Governor Abbott’s desk.

A landmark local government preemption bill cleared its second hurdle Tuesday as House Bill (HB) 2127 was passed by the Texas Senate, with a few amendments.

Dubbed the “Texas Regulatory Consistency Act,” the bill prohibits municipalities from approving regulations that exceed state law in nine different sections of code: Agriculture, Business & Commerce, Finance, Insurance, Labor, Local Government, Natural Resources, Occupations, and Property.

The bill states that any regulation specifically enumerated in state code is regulatable by municipalities, and anything else is not, a strategy called “field preemption.” Up until this session, the state had opted for “conflict preemption,” a strategy of addressing specific policies adopted by localities after the fact.

It’s the difference between blasting with a shotgun and firing with a rifle.

HB 2127 allows individuals or associations in the county of potentially offending regulation to sue the locality for abridging this prohibition.

The bill, authored by Rep. Dustin Burrows (R-Lubbock) and sponsored by Sen. Brandon Creighton (R-Conroe), was passed by the House about a month ago, where it received eight votes from Democrats in the lower chamber. From there, it moved to the Senate Business & Commerce Committee, where it passed six to two.

On Monday, the Senate passed its version with three amendments; Sen. Robert Nichols (R-Jacksonville) was the only GOP “nay” on the bill. The vote was the same on Tuesday’s final passage.

Those amendments include a “loser pays” provision, placing the burden of payment for a frivolous lawsuit with the person or group who brought the suit; a limitation that a suit may only be brought against the offending political subdivision, not individual elected officials of that locality who were liable to be sued under the House version; and the tacking on of a prohibition against local governments halting evictions.

Plaintiffs must provide three months’ notice to the locality of an impending suit, intended as a grace period within which the potential violation can be revoked.

That eviction language comes from Senate Bill (SB) 986, which appears to have stalled out in the lower chamber. That bill is aimed at what big cities in Texas tried to do — but were stopped by courts — in ordering eviction moratoriums during the COVID-19 pandemic.

Creighton said in a statement after the bill’s passage, “The Texas Regulatory Consistency Act, the most pro-business, pro-growth bill of the 88th session has passed the Senate.”

“HB 2127 gives Texas job creators the certainty they need to invest and expand by providing statewide consistency and ending the days of activist local officials creating a patchwork of regulation outside their jurisdiction. Local governments acting as lawmakers in a patchwork of varying anti-business ordinances result in job killing outcomes.”

Gov. Greg Abbott has backed the bill, shedding little doubt over whether he will sign it into law once it reaches his desk.

Snip.

With the bill passed in the upper chamber, it now moves back to the House, where the members must either accept the Senate version with its amendments or reject them and trigger a conference committee.

From there, it moves into the friendly embrace of Abbott, who’s been chomping at the bit to sign it into law.

The sooner this is signed into law, the sooner the madness consuming the local governments in Travis and Harris County can be reigned in.

Austin City Council Wants To Hand Millions In Graft To The Homeless Industrial Complex

May 15th, 2023

It’s good to be a member of the Austin Homeless Industrial Complex. Not only do you get to rake off graft for luring drug-addicted transients to town, you also get to rake off graft to clean up the resulting mess.

Item #23 on this week’s Austin City Council agenda allocates another $20 million to the Homeless Industrial-Complex to clean up dozens of dangerous homeless encampments around the city.

Item 23 (link) says it’s critical for these camps to get cleaned up, since they pose “a great degree of health, safety, and fire risks.”

Austin Water also needs cleanup services on “environmentally sensitive areas of the wildlands” due to toxic waste and debris contaminating the watershed.

Snip.

One of the three companies who won this big fat $20 million contract – P Squared Services, LLC – is the most suspicious, sketchy and (almost certainly) fraudulent company I’ve encountered during my three years of reading through these absurd Austin City Council agenda items.

Just look at the 11 bids and financial docs for Item 23 (link).

You will shake your head in anger and disbelief, asking yourself:

  • How could Austin Finance be so incompetent, lazy and irresponsible?
  • Is something more sinister going on?
  • Is this a case of internal corruption or criminal behavior?

    No sane person would make these decisions.

  • Nah. Austin City Council. Corrupt and incompetent is the default setting.

    Meet P Squared Services, LLC

    Major red flags pop up across the galaxy when you investigate this highly suspicious, brand new company called P Squared Services.

    P Squared Services has:

  • No internet presence
  • No website
  • No clients
  • No experience
  • There’s overwhelming evidence that P Squared Services, LLC is almost certainly up to something nefarious and possibly illegal.

    The major question is whether it’s an inside job and who made the final decision to funnel money to these frauds.

    P Squared Services is a Texas Domestic Limited-Liability Company that was formed in Smithville on November 4, 2022.

    The business address for P Squared Services is an exact match for the residential address of the two married co-owners:

  • Brandon Keith Pietsch
  • Kristina Dawn Pietsch
  • So the married co-owners of P Squared Services are running this mysterious business out of their HOUSE.

    And this “business address” is actually a residential, single family home with zero visible equipment, tools or supplies for cleaning up industrial waste.

    P Squared Services, LLC
    607 Ash Street
    Smithville, TX 78957

    Let’s look at the google street view photos of their business headquarters / house.

    See if you can notice:

  • Empty beer cans on front lawn
  • Tipped-over cooler by porch
  • Unfinished projects like doors and window screens that were never installed.
  • So they’re hiring someone to clean up a homeless camp whose house looks like a homeless camp.

    The conclusion: “I’m almost positive that P Squared Services LLC is a fake, phony, money laundering scam.”

    Indeed.

    That seems to be the driving purpose behind all Austin homeless policies…

    China’s Targeted Espionage Continues Apace

    May 14th, 2023

    With all that’s going on, it’s easy to forget that China’s “Thousand Talents” program of systematic industrial espionage continues apace.

    While China has attempted to steal trade secrets in semiconductors, aerospace and biotech, their espionage also has far more prosaic targets. Here’s the interrogation of a woman who stole the secret formula for the chemical lining inside a Coke can:

    Dr. Xiaorong You, aka Shannon You, was just sentenced to serve 168 months in prison.

    According to court documents and evidence presented at trial, You stole valuable trade secrets related to formulations for bisphenol-A-free (BPA-free) coatings for the inside of beverage cans. You was granted access to the trade secrets while working at The Coca-Cola Company in Atlanta, Georgia, and Eastman Chemical Company in Kingsport, Tennessee. The stolen trade secrets belonged to major chemical and coating companies, including Akzo-Nobel, BASF, Dow Chemical, PPG, Toyochem, Sherwin Williams, and Eastman Chemical Company, and cost nearly $120,000,000 to develop.

    You stole the trade secrets to set up a new BPA-free coating company in China. You and her Chinese corporate partner, Weihai Jinhong Group received millions of dollars in Chinese government grants to support the new company. Documents and other evidence presented at trial, showed You’s intent to benefit not only Weihai Jinhong Group, but also the governments of China, the Chinese province of Shandong, and the Chinese city of Weihai, as well as her intent to benefit the Chinese Communist Party.

    If China can steal something, they will steal something. Design your corporate security appropriately.

    How California Destroyed Its Middle Class

    May 13th, 2023

    The decline of California under one-party Democrat rule has been one of the long-running themes of this blog. Today Victor Davis Hanson discusses how California’s wealthy destroyed the middle class with policies whose baleful effects they knew wouldn’t fall on them.

  • “The irony is that, as we created more wealth and more leisure, because of the very success of the middle class citizen, the middle class citizen and his central role in western government was forgotten.”
  • “California in the 1960s had the largest middle class in the United States. California had the finest educational system. California invented the idea of a modern freeway and a modern airport.”
  • “California had a state where two-thirds of the people lived with one-third of the precipitation, and yet they built the greatest transference of water with reservoirs and aqueducts the world had ever seen.”
  • “California had the most successful oil, timber and mineral industries in the world. They had some of the finest universities…Again this was a product of, both democratic governors and Republican governors.”
  • “However, today when we look at California, it’s got the highest number of homeless people in the United States. Half of all of America’s homeless live in California.”
  • “One-third of all the welfare recipients in the United States live in California. One-fifth of all Californians live below the poverty line.”
  • “California yet has the highest taxes in the country in the aggregate, the highest property taxes because of the enormous assessed evaluations…highest sales tax at over 10 to 11%, highest income tax at up to 13.2%.”
  • “The result of all of that that is is the middle class finds itself unable to pay and be competitive with other businesses in other states.”
  • “They look at all of these higher taxes, and they say themselves ‘I’m willing to pay it if I’m economically viable,’ but the regulations that the state creates fall heavily on the small farmer, the hardware store owner, the tire [store?] owner, but not necessarily on the Silicon Valley corporation that has an array of lawyers, or legal teams, or analysts, or economists, that find ways not to pay it.
  • “And so the middle class leaves, they vote with their feet they go to places where it’s more conducive for middle class livelihoods. We’ve lost somewhere between 8 and 12 million people of the middle class.”
  • At the same time, America has allowed in 20 million illegal aliens, half of which have ended up in California.
  • “We have not built an aqueduct in California in about 40 years. The schools that were rated in the top 10 percent of comparative state rankings are now in the bottom 10 percent. The airports are decrepit.”
  • “That the more taxes I pay, the worse schools I get.”
  • “In this period, there was about five trillion dollars in market capitalization that grew out of Silicon Valley alone. And we created sort of a medieval caste, a wealthy caste of Barons and Lords that were not subject to the consequences of their own ideology. So they had so much wealth they felt they were exempt from worries about taxation.”
  • “We created a very, very wealthy elite that was not subject to the consequences of their own ideology.”
  • Whether out of virtue signaling and guilt, or whether out of contrived political necessity, they made a political alliance with the very poor of California. And the poor said “Give us more entitlements, tax the middle class, transfer that money to us we need it.” And the wealthy said “Yes, we will open the borders. We’ll transfer money, but you have to vote for issues that we’re in favor of. And we’re in favor of them precisely because they don’t affect us.”

  • And of course, the left’s disdain for the middle class shows up in their language: They’re the “bitter clingers,” the “deplorables,” the “chumps and dregs of society.”
  • “Muscular labor was no longer essential to the American experiment. In other words, you could make have things made overseas in China or southeast Asia or Mexico. And the great middle class territory of the middle west of the United States—Michigan, Ohio, Illinois, Indiana—started to become hollowed out.”
  • “We’ve taken the middle class, the backbone of citizenship, and we’ve eroded it and destroyed it.”
  • LinkSwarm for May 12, 2023

    May 12th, 2023

    Biden family corruption, Hollywood fumbles, Poland rising, and a whole bunch of NFL teams you’ve never heard of. It’s the Friday LinkSwarm!

  • House Republicans reveal details of Biden crime family.

    The Biden family and its business associates created a complicated web of more than 20 companies, according to bank records obtained by the House Oversight Committee — a system, GOP lawmakers say, that was meant to conceal money received from foreign nationals.

    Sixteen of the companies were limited liability companies formed during Joe Biden’s tenure as vice president, the committee said in a press conference on Wednesday. The Biden family, their business associates, and their companies received more than $10 million from foreign nationals’ and their related companies, the records show. These payments occurred both while Biden was in office as vice president and after his time in office ended.

    In what Representative Nancy Mace called an act of “financial gymnastics,” many payments were routed from foreign companies to the Biden family’s business associates’ companies which then doled out payments to the Bidens in incremental payments to different bank accounts in an alleged attempt to hide the source of the funds.

    At least nine Biden family members received payments, according to committee chairman James Comer. That includes Hunter Biden; James Biden; James Biden’s wife, Sara Jones Biden; the late Beau Biden’s wife, Hallie Biden; Hunter Biden’s ex-wife, Kathleen Buhle; Hunter Biden’s wife, Melissa Cohen; and “three children of the president’s son and the president’s brother.”

    Much of the money came from Chinese nationals and companies with ties to the Chinese Communist Party. Multiple Biden family members received money after it passed through an associate’s account. Comer said of the countries the Biden family was influence peddling in, China is “the most reputable.”

    The committee revealed Wednesday that records suggest the Biden family and its associates’ business dealings in Romania “bear clear indication of a scheme to peddle influence” from 2015 to 2017.

    At the time, then-Vice President Biden spoke out against Romanian corruption while the Biden family received more than a million dollars from a company controlled by a Romanian national, Gabriel Popoviciu. Popoviciu, who has been accused of corruption, sent the money through a Biden family associate, according to the committee. Sixteen of the seventeen payments involved in the deal occurred while Biden was still in office. The money “stops flowing from the Romanian national soon after Joe Biden leaves the vice presidency,” Comer said.

    The Bidens also received “millions of dollars from China,” with Comer saying it is “inconceivable that the president did not know” about the payments.

    Comer said the information revealed Wednesday is the result of subpoenas to four different banks and stressed that the committee is still early in its investigation and believes there are as many as 12 banks with records relevant to its investigation.

    Naturally, the mainstream media are doing their very best to ignore these revelations…

  • How badly the Biden Recession screwing the Democrats? Elizabeth Warren is trailing possible Republican challenger Charlie Baker by 15 points. Early poll caveats apply, but this is Massachusetts. (Hat tip: Stephen Green at Instapundit.)
  • Man whose ad campaigns made Bud Light #1 complains that Budweiser’s tranny pander has destroyed all his work in a week.
  • “Why shouldn’t Poland be richer than Britain?”

    You might have noticed a meme floating around the media about how Britons could become “no better off than people living in Poland”. “If the UK continues with the same level of growth it has seen for the last decade,” writes Sam Ashworth-Hayes, “Poland will be richer than Britain in about 12 years’ time”:

    It sounds like an absurd idea that in 2040 we might see complaints in the Polish press about a flood of British plumbers undercutting wages, or Brytyjski Skleps lining the rougher areas of Warsaw, but it isn’t beyond the realms of possibility.

    This talking point has also appeared in the Telegraph, the Express and the Financial Times. It often comes with a sense of vague alarm and bewilderment. Poland? The post-communist place? Don’t they live entirely off vodka and potatoes? Don’t they have horses clippety-cloppeting down the streets selling women’s underwear pinched off a truck in Germany? Poland?

    Having lived in Poland for nine years, I can say that I am not at all surprised by these projections. To be clear, that is all they are — projections. A lot can change in nine years, in Britain and in Poland.

    Still, I think a lot of British people would be surprised by how much better things can be in the land of Lech Wałęsa and John Paul II. Equally, a lot of Polish people would be surprised by how much worse things can be in Britain — given that a lot of Poles of my acquaintance appear to think that getting rich in the U.K. is as easy as walking outside with a wheelbarrow and catching the banknotes that rain down from the sky.

    Britain has had minimal economic growth for years. Poland has long been enjoying some of the highest economic growth in Europe. It even emerged from the pandemic better off than other European nations with, as Paweł Bukowski and Wojtek Paczos wrote for the LSE, “a relatively lax approach to economic lockdown and a bit of sheer luck”.

    Institutions often seem to work better as well. I can generally visit a GP on the day I call. Britons often have to wait for more than a week. Maternal mortality is higher in the UK — and infant mortality is about the same, despite Britain being much richer overall. Actually, Polish life expectancy as whole is just a touch shorter than British life expectancy, despite the nation having a lot more smokers.

    Polish kids have ranked higher on the PISA education rankings than British kids — ranking, indeed, the third highest in Europe in science and maths, and the fourth in reading comprehension. Poland is a more peaceful place than Britain, with murder and rape generally being rarer (granted, statistics in the latter case are famously difficult to trust). Terrorism, for reasons I leave to the reader, has been almost non-existent in Polish society.

    Some Polish achievements are more difficult to quantify. In Britain, the 20th century was marked by a curious habit of ripping down beautiful buildings and constructing ugly ones. Poland, meanwhile, has been beautifully renovating and reconstructing many of its urban spaces, pursuing a philosophy of “preservation meets modernisation”. Warsaw and Kraków are famous enough, but travellers could also visit lovely towns and cities like Wrocław, Toruń and Gdańsk — or my own, Tarnowskie Góry.

    Also, Poland seems to have actual conservatives who aren’t afraid to push for the right policies, instead of timid functionaries scared of their own shadow.

  • UK sends Storm Shadow cruise missiles to Ukraine.
  • Chile nationalizes lithium. Peter Zeihan thinks this hurts China worst, but that’s one of his go-to conclusions…
  • King Charles III crowned. I have no strong opinions on this. It’s a hard gig to screw up, and they’ve had worse kings…
  • Oscar-winning actor Richard Dreyfuss says that Hollywood mandatory diversity rules make him vomit.
  • Texas republican state representative Bryan Slaton resigns over wine-and-bang sex with underage (for alcohol) staffer. (Hat tip: Dwight.)
  • Last quarter, Disney+ lost 2.4 million subscribers. But this quarter is different! This quarter, Disney+ lost 4 million subscribers.
  • Related. “They got these ulterior motives, and you know, it’s about this this sort of political shit. And, yeah, I guess that’s part of it. But a lot of it is just these guys are just fucking stupid.”
  • This won’t end well: “UFC fighter says he could beat up any 10 ‘trans men’ at the same time, trans wrestler challenges him to 1-on-1 fight.”
  • Huge floods in China.
  • Golden Corral saved my life.”
  • “Biden Unable To Participate In Democratic Debates Due To Looming Screenwriters Strike.”
  • Oh no, not the bees!
  • Competitive tag. I’d still watch this over golf.
  • Like most people from Houston, I have little use for the BESFs Tennessee Titans, but this is pretty funny.

  • Cajun Dog is not tired of your shenanigans:

    (Hat tip: Ace of Spades HQ.)

  • Coming To Texas This Summer: Demand > Supply

    May 11th, 2023

    You know how the much of the Texas interconnect grid went black back in 2021 due to over-reliance on trendy renewable energy rather than natural gas and nuclear baseload?

    Well guess what?

    Public Utility Commission (PUC) Chairman Peter Lake and Electric Reliability Council of Texas (ERCOT) CEO Pablo Vegas sent a clear message to the Texas Legislature on Wednesday: tweak the electricity market so that natural gas generation can be supplemented, or continue to face problems in the summer heat.

    I just have to pause here to note that “Pablo Vegas” sounds like an Anthony Weiner pseudonym.

    “Operationally, the ERCOT grid is ready for this summer,” Lake said, unveiling the 2023 Seasonal Assessment of Resource Adequacy (SARA) report. “The reliability reforms that were put in place have been tested and continue to work. We’ve made the grid we’ve got as strong as possible using every tool available.”

    The SARA report, as Lake stated, is an estimate of electricity demand and supply for certain scenarios based on past data, not a forecast of what is to come this summer.

    It estimates peak demand to reach 82,739 megawatts (MW); for comparison, 1 MW can power about 200 homes during the peak demand hours of the late summer afternoon through evening. To cope with that demand, the state expects to have 97,000 MW of capacity available — two-thirds of which is thermal generation, combined with 13 percent from solar and 11 percent from wind.

    However, Lake tinged the grid’s readiness with an omen.

    “Data shows for the first time that peak demand this summer will exceed the amount we can generate from on-demand dispatchable power,” Lake warned. “There is no longer enough dispatchable generation to meet the demand of the ERCOT system. So, we will be relying on renewables to keep the lights on.”

    The State of Texas is adding about 300,000 people per year, which means a larger and larger demand for electricity on the state’s largest power grid.

    “In this new reality, our risk goes up as the sun goes down,” Lake added.

    Vegas likened the situation to a car: the metaphorical vehicle — the physical grid itself — is up to par on maintenance, but it lacks the necessary fuel — the electricity supply — to power its full trip ahead.

    Lake said that ERCOT’s dispatchable supply fleet only grew 1.5 percent from 2008 to 2022. During that time, its renewable footprint grew substantially with now more than 30,000 MW of wind power installed and more than 10,000 MW of solar.

    The influx of renewables is driven primarily by the Production Tax Credit — a federal subsidy that pays renewable generators 2.6 cents per kilowatt-hour produced — which has given wind and now solar an advantage over thermal generation sources. ERCOT has 31,000 MW of solar generation in the queue along with 5,000 MW of wind.

    In contrast, only 800 MW of dispatchable power has been added in the last year, according to Lake.

    So thanks to renewables, blackouts may be in the future of Texans this summer.

    But don’t worry! The federal government has a solution: making sure no one has reliable power.

    The Biden administration is announcing a climate rule that would require most fossil fuel power plants to slash their greenhouse gas pollution 90 percent between 2035 and 2040 — or shut down.

    The highly anticipated regulation being unveiled Thursday morning is just the latest step in President Joe Biden’s campaign to green the U.S. economy, an effort that has brought a counterattack from Republicans and coal-state Democratic Sen. Joe Manchin. That’s on top of efforts by Biden’s agencies to promote the use of electric cars, subsidize green energy sources like solar and wind and tighten regulations on products including gas stoves and dishwashers.

    The draft power plant rule from the Environmental Protection Agency would break new ground by requiring steep pollution cuts from plants burning coal or natural gas, which together provide the lion’s share of the nation’s electricity. To justify the size of those cuts, the agency says fossil fuel plants could capture their greenhouse gas emissions before they hit the atmosphere — a long-debated technology that no power plant in the U.S. uses now.

    As an alternative, utilities could hasten their decisions to shut down their aging coal plants, a trend that has already gathered speed in the past two decades. The rule allows plants that agree to close in the first half of the 2030s to avoid most or all of the pollution-reduction mandates.

    Safe, reliable nuclear and fossil fuel powered energy is anathema to the Democratic Party because they can’t rake off enough graft from it. Unless you’re willing to let them shove their disasterous green energy programs down your throat, they want you deplorables sitting in the dark.

    A Bakhmut Reversal?

    May 10th, 2023

    Over the last several months, Russia would grind out costly gains in the fighting around Bakhmut, only to see Ukraine reverse most or all of those gains a few days or weeks later. This pattern repeated for month after month, with Russia slowly grinding out costly net gains of territory in and around Bakhmut, without ever completely taking the city.

    However, in the last 24 hours, Ukraine seems to have made significant gains around Bakhmut in the last 24 hours.

    A Ukrainian military unit said on Wednesday it had routed a Russian infantry brigade from frontline territory near Bakhmut, claiming to confirm an account by the head of Russia’s Wagner private army that the Russian forces had fled.

    Later in the day, Colonel General Oleksandr Syrskyi, who heads Ukraine’s ground forces, said Russian units in some parts of Bakhmut had retreated by up to 2 km (1.2 miles) as the result of counterattacks. He did not give details.

    Wagner units have led a months-long Russian assault on the eastern city, but Ukrainian forces say the offensive is stalling.

    Snip.

    Wagner boss Yevgeny Prigozhin, who has repeatedly accused Moscow’s regular armed forces of failing to adequately support his men, said on Tuesday the Russian brigade had abandoned its positions.

    “Our army is fleeing. The 72nd Brigade pissed away three square km this morning, where I had lost around 500 men,” Prigozhin said.

    This follows up on Friday’s news that Wagner Group troops around Bakhmut had run out of ammo.

    Suchomimus has a video that includes a hefty doses of both Azov head (I think Mykyta Nadtochiy) discussing the advances and Prigozhin complaining about it.

    Significant news? I think so. Sector collapses in a front that Russia has poured so much equipment and manpower into can’t be good news for their war aims.

    Is this Ukraine’s much-vaunted Spring Counteroffensive? I rather doubt it, though a full-scale front collapse would likely draw a significant investment of Ukrainian forces here.

    Rather, I think this is a fixing attack, one designed to force Russia to keep all currently assigned troops in this sector to avoid surrendering gains, making it impossible to relocate them to areas of the front where the main action will actually fall.

    But that’s just a guess…

    Three Cheers For The Death Star

    May 9th, 2023

    The Texas Legislature looks like it’s finally ready to pass some long-overdue corrective oversight on local government overreach:

    Local elected and community leaders are denouncing what they’re calling the “Death Star” bill — legislation they say would strip the city and county of its power to enforce local laws protecting its residents.

    House Bill 2127 is being debated Tuesday on the House Floor and it’s getting backlash from local officials across the state and in the Houston-area. The bill was filed by Republican State Representative Dustin Burrows of Lubbock and leaders are concerned that the bill limits the authority that the City of Houston and Harris County would have to enforce some laws and would give more control to the state.

    The bill would prevent local governments from regulating changes in state codes such as agriculture, finance, insurance, labor, natural resources and occupations.

    Left wing city councils that endanger their residents through stunts like defunding police and declaring themselves sanctuary cities had this coming. And I’m pretty sure that Austin is offender A-1, followed by Queen Lena’s fiefdom in Harris County.

    I probably should have published this May 4…