Posts Tagged ‘Sid Miller’
Thursday, July 21st, 2022
If you’re wondering whether a true sea-change in the way America thinks about marijuana legalization, Republican Texas Agriculture Commissioner Sid Miller coming out for medical marijuana is an interesting signpost.
Miller likened regulation of medical marijuana to national prohibition of alcohol in the U.S. from 1920-1933.
“The history of cannabis prohibition reflects the failed alcohol prohibition of the 1920’s. Complete with gangs, corruption, and widespread violence against the lives and liberties of American citizens,” Miller wrote.
“As I look back, I believe that cannabis prohibition came from a place of fear, not from medical science or the analysis of social harm. Sadly, the roots of this came from a history of racism, classism, and a large central government with an authoritarian desire to control others. It is as anti-American in its origins as could be imaginable,” he continued.
Keep in mind the Miller is hardly Rand Paul on the conservative-to-libertarian spectrum, with tons of cultural conservative endorsements over the years. The fact he’s willing to talk about the issue in a year he’s up for reelection indicates that it’s far from a forbidden notion on the right.
In 2015, Texas passed the Compassionate-Use Act, which allowed for the prescription of low-THC cannabis to patients with intractable epilepsy. It was later expanded to include patients with autism, seizure disorder, cancer, post-traumatic stress disorder and a number of other conditions.
Miller said he wants to make medical marijuana available to all Texans “who are suffering.”
“I worked diligently to bring hemp farming to Texas and supported the development of products such as hemp oil for medical use. These products are making a difference in the lives of many where other medicines have failed,” Miller wrote. “It is my goal next year to expand access to the compassionate use of cannabis products in Texas so that every Texan with a medical need has access to these medicines.”
Caveat: Miller isn’t for full legalization.
Despite the move by several states, including Colorado and Nevada, Miller is not in favor of recreational marijuana being legalized in Texas, writing, “Eighteen states, including conservative western states like Arizona, Montana, and Alaska, have legalized commercial cannabis sales to ALL adults. While I am not sure that Texas is ready to go that far, I have seen firsthand the value of cannabis as medicine to so many Texans.”
I’m in the “remove federal prohibition (on Tenth Amendment grounds), then let each state vote on legalizing, regulating and taxing it” camp. While I might vote for that, I suspect a small majority of Texas voters might still reject outright legalization. But I suspect actual legalization of marijuana (and not the dishonest “you want legal” dispensary scheme some states instituted) might well pass.
In any case, if the Republican Agriculture Commissioner of Texas can come out for marijuana legalization, you know it’s no longer the third rail it once was.
Tags:marijuana, Regulation, Sid Miller, Texas, War on Drugs
Posted in Regulation, Texas | 6 Comments »
Wednesday, March 2nd, 2022
There were no real surprises in the results from yesterdays primaries in Texas, at least on the Republican side.
As predicted, incumbent Republican governor Greg Abbott cruised to victory with over 66% of the vote, and steams into the general election against Robert Francis “Beto” O’Rourke (who slaughtered his no-name opponents with over 91% of the Democratic primary vote) with nearly $50 million cash on hand. Allen West and Don Huffines finished distant second and third, with just over and under 12% of the vote.
Incumbent Republican Lieutenant Governor Dan Patrick pulled in just under 75% of the vote, with all four challengers in single digits.
Incumbent Republican Attorney General got 42.68% of the vote, and is headed into a runoff with Land Commissioner George P. Bush at 22.7%, with Eva Guzman and Louie Gohmert each garnering just over 17%. Basically, all Paxton has to do is grab half of Gohmert’s voters in the runoff, which should be easily doable.
Incumbent Republican Agriculture Commissioner Side Miller garnered 58.5% of the vote, holding off a spirited challenge from James White with 31%. He’ll face Democrat Susan Hays in the general.
Dawn Buckingham garnered 41.3% of the vote, and is headed to a runoff as the overwhelming favorite against Tim Westly, who eked out 14.7% of the vote.
Incumbent Republican Comptroller Glenn Hegar cruised to victory with 81.6% of the vote.
Incumbent Republican Railroad Commissioner Wayne Christian was unable to avoid a runoff, garnering 47.1% of the vote, and will now face Sarah Stogner, whose claim to fame is evidently appearing semi-nude in a campaign Tik-Tok. Expect Christian to make short work of her in every demographic except guys who send money via OnlyFans.
The biggest surprise to me among the Democratic primary results was Joe Jaworski (who I expected to cruise to victory) coming in a distant second (19.6%) behind Rochelle Garza (43.2%), an open borders Social justice Warrior type. This is probably just a case of me not paying attention to that race (the last few months have been a bear).
Mark Loewe beat loon Robert Morrow for the Republican nomination for State Board of Education District 5. Gonna be an uphill struggle against Democratic incumbent Rebecca Bell-Metereau for an Austin-centered district.
A Republican runoff between Pete Flores (46%) and Raul Reyes (32.8%) in Texas Senate District 24. Kathy Jones-Hospod is the Democratic nominee.
(Note: I’ve had the Texan News results page crash on me several times…and take out other Firefox windows (like YouTube videos) as a side effect. The Texas Tribune page is an alternate source for results.
Tags:2022 Attorney General's Race, 2022 Election, 2022 Lt. Governor's Race, 2022 Texas Governor's Race, Allen West, Dan Patrick, Dawn Buckingham, Don Huffines, Eva Guzman, George P. Bush, Glenn Hegar, Joe Jaworski, Kathy Jones-Hospod, Ken Paxton, Louie Gohmert, Mark Loewe, Pete Flores, Raul Reyes, Republicans, Robert Morrow, Rochelle Garza, Sarah Stogner, Sid Miller, Texas, Wayne Christian
Posted in Democrats, Elections, Republicans, Texas | No Comments »
Tuesday, March 1st, 2022
Today’s primary election day in Texas!
Williamson County Voting Locations
Travis County Voting Locations
Here are some general resources to do your own candidate research:
The Texan News’ War Room
Texas Scorecard iVoter
Eagle Forum Endorsements
Due to redistricting, several of the races I vote in have changed.
U.S. 37th Congressional District: Jeremiah Diacogiannis. This is the Austin district carved out for Lloyd Doggett, so any Republican winning is going to be an uphill climb. I liked his questionnaire survey answers, and he seems solidly conservative.
Texas Governor: I’m voting for Don Huffines though I fully expect Greg Abbott to win handily.
Texas Lt. Governor: Dan Patrick. Patrick has made the occasional misstep, but he’s generally been a very solid conservative who successfully pushed conservative legislation through the Texas Senate, only to frequently see that same legislation die in the house.
Texas Attorney General: Ken Paxton. Paxton has done an extremely good job, successfully suing the Biden Administration on a wide variety of federal overreach issues, from vaccine mandates to border control failures.
Texas Agricultural Commissioner: Sid Miller. The fact that he’s endorsed by Trump and Texas Eagle, and disliked by political insiders seals the deal for me.
Texas Comptroller of Public Accounts: Glenn Hegar, who has gotten solid conservative endorsements, though I am concerned about some of his donors. (AFCME? Really?)
Texas Land Commissioner: Dawn Buckingham, who seems to have hoovered up just about every conservative endorsement in the race.
Texas Railroad Commissioner: Wayne Christian. He’s done a good job and has a solid list of endorsements.
Texas Supreme Court Place 9: David J. Schenck. Several solid endorsements, including Eagle Forum.
Texas Criminal Court of Appeals, Place 5: Clint Morgan. This is the race where Texas Scott Walker got elected because his name was Scott Walker. Morgan’s been endorsed by True Texas, Eagle Forum, etc.
Texas State Board of Education Member District 5: Mark Loewe, who previously ran as a Libertarian. Opponent Robert Morrow is a conspiracy theorist and general jerk. I remember Morrow asking JFK assassination questions at a Robert Caro book signing I attended. He did not impress me as someone worthy of public office.
Texas State Senate District 24: Paul Reyes. This is a weird one. Both Trump and Cruz have endorsed Reyes opponent Pete Flores, but Reyes has been endorsed by Eagle Forum and Gun Owners of America.
Texas House District 136: Michelle Evans seems to have some solid conservative policy positions. Those of opponent Amin Salahuddin seem a lot more vague.
Williamson County Judge: Bill Gravell. I think he’s generally done a pretty good job.
Williamson County Court-At-Law #2 Laura Barker. Unlike some previous judges, she hasn’t been an embarrassment, she has some decent endorsements, and unlike her opponent, she has a website…
Williamson County 368th District Court: This one is very close. Right now I favor Will Ward by a whisker over Sarah Bruchmiller based on law enforcement endorsements, but I’m still reading up on the race.
Tags:2022 Attorney General's Race, 2022 Election, 2022 Lt. Governor's Race, 2022 Texas Governor's Race, Amin Salahuddin, Bill Gravell, Dan Patrick, David J. Schenck, Don Huffines, Donald Trump, Elections, Greg Abbott, Michelle Evans, Republicans, Robert Morrow, Sarah Bruchmiller, Sid Miller, Texas, Will Ward, Williamson County
Posted in Elections, Republicans, Texas | 1 Comment »
Wednesday, March 10th, 2021
I finally had time to finish this postmortem post on the Texas winter storm energy grid crisis. I’ve got a ton of pieces to get through, so let’s dig in.
How the energy grid fell apart:
Here were two problems, one short term and one long term—which exacerbated the short-term one.
The short-term failure came at about 1 a.m. Monday when ERCOT should have seen the loads soaring due to plummeting temperatures, and arranged for more generation.
Texas came very close to having a system-wide outage for the whole state (in the ERCOT area, about 85% of the state) due to not arranging for more generation.
This tripped the grid, knocking some reliable thermal plants (gas and coal) offline. This was a failure of the grid operator (ERCOT) not the power plants.
In the last four to five years, Texas lost a net of 3,000 megawatts of thermal out of a total installed capacity 73,000 megawatts today.
We lost the thermal power because operators couldn’t see a return on investment due to be undercut by wind and solar, which is cheap for two reasons—it’s subsidized and it doesn’t have to pay for the costs of grid reliability by purchasing battery farms or contracting with gas peaker plants to produce power when needed, not when they can.
Meanwhile, Texas has seen a growth of 20,000 megawatts of wind and solar over the same period to a total of 34,000 megawatts of installed capacity statewide, though they rarely perform anywhere close to capacity.
Wind and solar, with state and federal subsidies, have pushed reliable thermal operators out of business or prevented new generation from being built as operators can’t make money off of the market.
More:
Equipment failure turned out to be a big part of the problem.
“Beginning around 11:00 p.m. [Sunday night], multiple generating units began tripping off-line in rapid progression due to the severe cold weather,” said Dan Woodfin, senior director of system operations at ERCOT, the organization that manages the state’s electric grid.
What does that mean? Equipment literally froze in the single digit temperatures and stopped working.
Then, as reserves diminished, ERCOT asked transmission providers to turn off large industrial users that had previously agreed to be shut down. But the situation deteriorated quickly, requiring rotating outages that have lasted hours for many Texans.
Electric generating plants did not properly winterize their equipment, said Dr. David Tuttle in the latest episode of the Y’all-itics political podcast. Tuttle is a research associate with the Energy Institute at the University of Texas at Austin.
“There are things that can be done, but it will cost some money,” he added. “About every decade we have these long-sustained periods. And then, you know weatherization is supposed to happen, and then, it doesn’t because it costs money.”
“Yes, Green Energy Failures Helped Cause Texas Blackout Disaster.”
As Texans reel from ongoing blackouts at the worst possible time, during a nationwide cold snap that has sent temperatures plummeting to single digits, the news has left people in other states wondering: How could this happen in Texas, the nation’s energy powerhouse?
But policy experts have seen this moment coming for years. The only surprise is that the house of cards collapsed in the dead of winter, not the toasty Texas summers that usually shatter peak electricity demand records.
The blackouts, which have left as many as 4 million Texans trapped in the cold, show the numerous chilling consequences of putting too many eggs in the renewable basket.
Snip.
On the whole, Texas is losing reliable generation and counting solely on wind and solar to keep up with its growing electricity demand. I wrote last summer about how ERCOT was failing to account for the increasing likelihood that an event combining record demand with low wind and solar generation would lead to blackouts. The only surprise was that such a situation occurred during a rare winter freeze and not during the predictable Texas summer heat waves.
Yet ERCOT still should not have been surprised by this event, as its own long-term forecasts indicated it was possible, even in the winter. Although many wind turbines did freeze and total wind generation was at 2 percent of installed capacity Monday night, overall wind production at the time the blackouts began was roughly in line with ERCOT forecasts from the previous week.
We knew solar would not produce anything during the night, when demand was peaking. Intermittency is not a technical problem but a fundamental reality when trying to generate electricity from wind and solar. This is a known and predictable problem, but Texas regulators fooled themselves into thinking that the risk of such low wind and solar production at the time it was needed most was not significant.
Could lawmakers have prevent the blackouts?
“By Monday morning, half of Texas’ wind turbines were frozen solid, and wind generation bottomed out at 2 [percent] of installed capacity by Monday night,” said Jason Isaac, director of Life:Powered, a project of Texas Public Policy Foundation and a former state lawmaker.
“Because of this massive gap in wind production and ERCOT’s delay, what should have been a series of brief rolling blackouts—inconvenient but manageable—instead turned into 4 million Texans left in the cold and without answers,” he continued. “To make matters worse, ERCOT shut down power at natural gas substations in the Permian, leading to further shortages.”
Agricultural Commissioner Sid Miller has since said Texas should stop building wind turbines; focus on gas, coal, and oil; and called for the firing of Gov. Greg Abbott’s appointees to the Public Utility Commission—the government body that oversees ERCOT.
But was this crisis foreseeable? Isaac says yes.
“We’ve known for years that a weather event combining low wind and solar production and record demand could lead to blackouts,” he told Texas Scorecard. “This week, that event became a reality as new wind and solar generation failed to produce when it was needed the most, and it appears ERCOT fell asleep at the wheel.”
How the Texas outage started with bad policy:
For years, Texas’ grid operator (ERCOT) has overestimated the ability to maintain a reliable grid without a sufficient supply buffer, known as a “reserve margin.” That margin is the difference between demand for electricity and what the grid can produce. When demand exceeds production, you get blackouts. That buffer has been shrinking because reliable sources of energy have been retired, few reliable plants have been constructed, and the grid is depending more and more on weather-dependent renewable energy that repeatedly fails to perform when we need it most.
When wind and solar production predictably dropped as the winter storm hit, the buffer collapsed. ERCOT needed to execute a series of balancing measures that would have protected the grid. But it did not act soon enough, which caused many more gas and some coal power plants in the system to “trip.” (Think of it as a circuit breaker that triggers to prevent a fire or other emergency at your house when there is a system imbalance.) Other weather-related issues caused problems too but ERCOT’s failure to act sooner was a major factor.
Usually, a system trip wouldn’t last long and we’d have power back in a few hours. But this time, many of the units that were tripped off the system had difficulty coming back online for a variety of reasons, including the fact that some were not designed to be taken off and put back on the system quickly, as well as other cold weather issues that exacerbated the problem.
So when people blame ERCOT for not acting quickly, they’re right. And so are the people who say that both renewable energy and fossil energy plants are not generating what they should. But it doesn’t begin there. Our overdependence on unreliable energy that caused the razor thin reserve margins started the ball rolling years ago.
Here’s the long story.
Keeping the power on is a bit of a guessing game played out every day by the grid operator to make sure we have the right mix of energy getting on to the grid. There’s that buffer, the reserve margin, which ERCOT uses to give it some leeway in making moves. As with anything, the more reliable and predictable the source of energy, the better moves ERCOT can make.
However, the race to add in renewables pushed out more reliable forms of energy and kept new reliable energy from being built. That resulted in the buffer in our electric grid being stripped out—going from more than a 20% surplus years ago to single digits in the last couple of years.
Without that buffer, our system has become much more vulnerable to outages when we see extreme heat or extreme cold. The problem is made worse by the fact that renewables have grown to become a significant percentage of our fleet, making our power grid much more susceptible to weather-related shortages. That is because renewables do not show up when we need power the most (high heat, freezing cold, big storms, etc.)
Here’s an informative thread on how the Texas energy market is set up and how some of the system was offline when the worst hit:
I think here he’s conflating a few different things; it’s unclear how much capacity was taken off line due to insufficient weatherization and how much was caused by ERCOT foolishly inducing blackouts in the gas-producing Permian Basin.
Chuck Devore:
More on how renewables helped create the crisis:
Mitchell Rolling explains: “As you can see, the top three performing energy sources during the energy crisis in Texas were all fuel-based energy sources: nuclear, coal, and natural gas. On average, these three energy sources alone provided over 91 percent of all electricity generated throughout the energy emergency, as the graph below shows. Without these energy sources on the grid providing the bulk of electricity, the situation in Texas would have gone from bad to worse.”
More on the same theme:
The massive blast of Siberia-like cold that is wreaking havoc across North America is proving that if we humans want to keep surviving frigid winters, we are going to have to keep burning natural gas — and lots of it — for decades to come.
That cold reality contradicts the “electrify everything” scenario that’s being promoted by climate change activists, politicians, and academics. They claim that to avert the possibility of catastrophic climate change, we must stop burning hydrocarbons and convert all of our transportation, residential, commercial, and industrial systems so that they are powered solely on electricity, with most of that juice coming, of course, from forests of wind turbines and oceans of solar panels.
But attempting to electrify everything would concentrate our energy risks on an electricity grid that is already breaking under the surge in demand caused by the crazy cold weather. Across America, countless people don’t have electricity. I’m one of them. Our power here in central Austin went out at about 3 am. I am writing this under a blanket, have multiple layers of clothes on, and am nervously watching my laptop’s battery indicator.
This blizzard proves that attempting to electrify everything would be the opposite of anti-fragile. Rather than make our networks and critical systems more resilient and less vulnerable to disruptions caused by extreme weather, bad actors, falling trees, or simple negligence, electrifying everything would concentrate our dependence on a single network, the electric grid, and in doing so make nearly every aspect of our society prone to catastrophic failure if — or rather, when — a widespread or extended blackout occurs.
The truth about those frozen wind turbines:
One of the most contested issues is the role wind generation has played. Prior to the onset of the storm last week, Texas led the nation in wind power generation and depended on the wind turbines in West-Central and Western Texas, along with a smaller number of turbines along the Gulf Coast, for about 25% of its electricity. As wind power has increased, coal-powered generation plants have been taken offline around the state. Texas has abundant coal, oil, and natural gas, and also has nuclear plants near Dallas and near Houston.
Real-time data from the U.S. Energy Information Administration shows that wind power collapsed as the winter storm swept across the state.
Snip.
As the graph plainly shows, wind generation choked down but natural gas compensated. Coal and even nuclear power generation dipped. Solar generation has been negligible due to cloud cover and several inches of snow and ice.
The cold has created extreme demand across the state. During most winter storms, the Panhandle, West Texas, and even North Texas around Dallas and above toward Paris may get cold but Central and South Texas could remain well above freezing. This has not happened during the current series of storms. The entire state is in a deep freeze, with snow appearing even on Galveston Island’s beach. Galveston averages lows of about 50 degrees and highs in the mid-60s during a typical February. It’s 37 degrees in Galveston as I write this, well below average. Austin has seen single-digit temperatures at night.
To put all of this into some perspective, the storm that dumped more than six inches of ice and snow on Austin Sunday night would, by itself, have been a historic storm. It dropped more snow on the capital than any other storm since 1949. It was preceded by a major cold snap and has been followed by more extreme cold and then another ice and snow storm Tuesday night. Texas has not suffered a single historic winter storm over the past several days, but a series of them without any warming in between…
Add to all of this, when Texas gets winter storms it usually doesn’t just get snow. Snow is fairly easy to deal with. Texas also gets ice, which can snap electric lines and break trees and tree branches, which also can fall on and break power lines. A tree in my yard is bent over by ice to the point that it looks like an invisible hand is holding it down. We can expect the ice to kill off millions of trees around the state. The ice layers also render most roads impassable. All of this is very unusual for Texas, but not unprecedented. The winter of 1836 was notably harsh; Santa Anna reportedly encountered deep snow as he marched his army toward San Antonio.
Most winters, Austin will have a few cold days but no snow. Central Texas is known to go entire winters without anyone having to so much as scrape any frost off their car windshield. Austin has had two significant snowstorms in 2021, with the current one being historic by any measure.
Piecing known information together, the wind turbines in Western Texas froze up starting Friday before the icy snowstorm hit, on Sunday night to Monday morning. This destabilized the Texas grid ahead of the worst of the storm. The storm produced the temperatures and precipitation the forecasts expected, but with weakened power generation and demand skyrocketing to heat millions of homes, homes which for the most part are not insulated against the current level of cold temperatures, the grid was set up to suffer mightily as it’s not hardened against extreme cold such as this once-in-a-century storm series is delivering.
In chart form:
What can clean energy advocates say when wind turbines freeze?
Wind’s share has tripled to about 25% since 2010 and accounted for 42% of power last week before the freeze set in. About half of Texans rely on electric pumps for heating, which liberals want to mandate everywhere. But the pumps use a lot of power in frigid weather. So while wind turbines were freezing, demand for power was surging.
California progressives long ago banished coal. But a heat wave last summer strained the state’s power grid as wind flagged and solar ebbed in the evenings. After imposing rolling blackouts, grid regulators resorted to importing coal power from Utah and running diesel emergency generators.
Liberals claim that prices of renewables and fossil fuels are now comparable, which may be true due to subsidies, but they are no free lunch, as this week’s energy emergency shows. The Biden Administration’s plan to banish fossil fuels is a greater existential threat to Americans than climate change.
More on eliminating wind subsidies and the road forward:
Decades of taxpayer-funded subsidies that favor unreliable wind power are crowding reliable energy sources out of the market, weakening the grid, and leading directly to the blackouts we experienced last week.
It’s no surprise — in fact, Texas came close to seeing widespread blackouts in August 2019. Our reserve margin, the buffer of extra electricity between what Texans are using and what we can produce, has become steadily smaller in recent years. And without quick action by state leaders, it will only get worse.
We should eliminate subsidies and tax breaks for energy companies — especially unreliable wind— to allow the free market to function smoothly. We must prioritize reliability and affordability in our electricity choices. Unfortunately, that’s not politically popular. But these are steps we can and must take for our state’s future.
Austin’s useless City Council being their usual useless selves: “Austin Energy’s biomass power plant in East Texas, which the city purchased in 2019 for $460 million, sat idle and produced no power during one of the worst winter energy crises in state history.” Well, at least it was providing Austinites jobs? Nope. It’s near Nacogdoches.
It did indeed suck to live without power for days on end.
A Texas Public Policy Foundation symposiums on the outage.
Heh:
Also, I got my electric bill for February and…it’s a totally normal February electric bill. It helps to have natural gas heat…
Tags:Austin, Austin City Council, Chuck DeVore, Energy Policy, ERCOT, ice storm, Jared Patterson, Jason Isaac, Nacogdoches, natural gas, nuclear power, oil industry, Permian Basin, Regulation, Sid Miller, Texas, Texas Interconnect Grid, Texas Public Policy Foundation
Posted in Austin, Regulation, Texas | 13 Comments »
Wednesday, August 22nd, 2018
What the hell, Sid Miller?
On August 7, Michael Hernandez was fed up. That morning, the pitmaster glanced through the window as two inspectors from the Texas Department of Agriculture pulled up to his restaurant, Hays Co. Bar-B-Que, in San Marcos. It was about an hour before the business’s 11 a.m. opening time, and Hernandez was in a meeting. The inspectors walked in the unlocked front door to inspect the scales he uses to weigh his barbecue, he says. Hernandez cut his meeting short and found them in his kitchen. His temper flared. “Get out of my establishment,” he told them. According to Hernandez, the inspectors looked at each other, and then went back to their truck. He says they then returned with a written warning for Hernandez about delinquency on his renewal fee, and told him they were just the messengers. “Here’s my message: tell Sid that I ain’t paying a damn thing,” he said.
Hernandez was referring to state agriculture commissioner Sid Miller, who has proven himself to be obsessed with the scales inside barbecue joints. The Texas Department of Agriculture had ramped up inspections on barbecue joint scales as part of Operation Maverick back in 2015, but they were removed from the department’s purview after the Barbecue Bill went into effect in September 2017—or so everyone outside of TDA thought. However, even after being repeatedly told the service is no longer required, Miller says his duty to protect the barbecue consumer won’t allow him let to go of barbecue scale enforcement.
The problem comes down to two words: “on premises.” After the legislature two years ago overwhelming passed the Barbecue Bill, which was designed to exempt barbecue joints, yogurt shops, and other establishments weighing food for immediate consumption from inspection, Section 13.1002 was added to the Agriculture Code. It reads: “Notwithstanding any other law, a commercial weighing or measuring device that is exclusively used to weigh food sold for immediate consumption is exempt” from the need for registration fees and inspections from the TDA. Implementing that directive from the legislature was the responsibility of TDA, which left Section 13.1002 alone but added new definitions for “immediate consumption” elsewhere in the Agriculture Code. One definition reads that an exempted scale is “a scale exclusively used to weigh food sold for immediate consumption on premises.”
In other words, the TDA was telling barbecue joint owners that if they sold any barbecue to go, they still had to pay their yearly registrations of $35 per scale and be subject to random inspections. The Texas Restaurant Association, which had supported the Barbecue Bill, cried foul, along with 45 Texas legislators who signed a letter to Miller urging him to change the new rule to align with the intent of the legislature. In response, Miller sought clarification on the rule’s wording from Texas’s attorney general, Ken Paxton. Miller received a response from Paxton in April:
The language of the statute [as written by TDA] requires that the vendor sell food that a consumer can eat immediately, but it does not mandate where or when the purchaser will eat that food. Nor does it require that the seller provide a space for the consumer to eat. On the other hand, the Department’s rules require actual consumption of the food on the premises, placing additional conditions on the buyer and seller in order for a device to be exempt from Department regulation.
In Paxton’s non-binding opinion, Miller’s interpretation was an overreach. Pitmasters, including Hernandez, were relieved. He admits he received a registration renewal letter for his scales from TDA a few months before the surprise inspection, but mistakenly thought that Paxton’s directive meant the issue was over. He was wrong.
“Nothing has changed,” TDA spokesman Mark Loeffler wrote in late June in response to Paxton’s directive. “The Attorney General’s letter is non-binding but has been thoroughly reviewed. Our inspectors will continue to do the work they do every day to protect consumers as outlined in TDA rules.” Miller requested the letter from Paxton—and when it didn’t offer the opinion he hoped for, his department ignored it.
I don’t vote for Republicans to increase taxes and regulation, especially in defiance of legislative intent.
I’ve written Mr. Loeffler to see if anything has changed [Edited to add: See comments below], or if the Texas Department of Agriculture still requires barbecue joint owners to pay yearly registrations of $35 per scale and be subject to random inspections, despite the express wishes of the Texas legislature and the opinion of Texas Attorney General Ken Paxton.
Don’t mess with Texas BBQ joints…
(Hat tip: Ace of Spades HQ.)
Tags:barbecue, Ken Paxton, Regulation, Sid Miller, Texas
Posted in Regulation, Texas | 1 Comment »
Tuesday, December 12th, 2017
Monday was the deadline to file for the 2018 Texas primaries. You have to give credit to whoever in the Texas Democratic Party was in charge of candidate recruitment: unlike many previous years, “Democrats put up candidates for every statewide elected post, except one open seat on the Texas Court of Criminal Appeals, an initial tally of filings showed Monday night.”
Here are my quick impressions of some of the more competitive statewide primary races to be fought between now and March 6.
Democratic Governor’s Race
See this post. The press is going to cover this as an Andrew White vs. Lupe Valdez race. I think there’s a 50% chance Grady Yarborough makes the runoff.
Republican Agricultural Commissioner’s Race
This race has already turned nasty, with incumbent Sid Miller and challenger Trey Blocker launching nasty Facebook attack ads at each other. One of Blocker’s consultants is Matt Mackowiak, who was just elected to a 2018-2020 term as Travis County GOP chairman unopposed, and whose Twitter feed I follow.
Republican Land Commissioner’s Race
Former Land Commissioner Jerry Patterson has filed to run against incumbent George P. Bush. Patterson is going to have a real uphill fight to unseat Bush, since Patterson lost badly in his last race for Lt. Governor, coming in fourth in a four man race, and the Bush family machine has a legendary fundraising network, having raised more than $3 million in a down-ballot race in 2014. But various Alamo controversies and the fact that Bush has never run in even a slightly competitive race might give Patterson a chance to make the race close. Even so, Bush is still the heavy favorite.
Tomorrow (hopefully): A look at competitive U.S. congressional district races.
Tags:2018 Election, 2018 Texas Gubernatorial Race, Andrew White, Democrats, George P. Bush, Jerry Patterson, Lupe Valdez, Matt Mackowiak, Republicans, Sid Miller, Texas, Trey Blocker
Posted in Democrats, Elections, Republicans, Texas | No Comments »
Tuesday, May 27th, 2014
According to the latest results.
Both Dan Patrick and Ken Paxton were hovering around 64-65% of the vote, which is pretty decisive.
Ryan Sitton is currently winning with 58% to Wayne Christian’s 42% for Railroad Commissioner. That’s a mild surprise to me, but down ballot races are harder to predict, and I did notice a late direct mail push from Sitton.
Sid Miller is currently leading Tommy Merritt 54-46% for Agriculture Commissioner, but they haven’t called the race yet.
On the Democrat’s side, David Alameel beat Larouchite Keisha Rogers fairly handily, 72% to 28%, for the chance to be slaughtered by John Cornyn in the Senate race. And Kinky Friedman appears to have lost to non-campaigning candidate Jim Hogan 55%-45% for Agriculture Commissioner. As to why, maybe Texas Democrats hate one or more of: Marijuana, Jews, country music singers, mystery writers, guys who smoke cigars, or guys named Kinky. Or they still hate him for running as an independent in 2006. Or they like guys with nice Anglo names. Take your pick.
More tomorrow (maybe).
Tags:2014 Attorney General's Race, 2014 Election, 2014 Lt. Governor's Race, 2014 Senate Race, Dan Branch, Dan Patrick, David Dewhurst, John Cornyn, Ken Paxton, Kinky Friedman, Ryan Sitton, Sid Miller, Texas, Wayne Christian
Posted in Democrats, Republicans, Texas | 1 Comment »
Wednesday, March 5th, 2014
A very brief look at last night’s primary results:
John Cornyn won, but couldn’t break 60% against a field of underfunded challengers.
The Democratic Senate runoff is going to be between the big-spender David Alameel and the LaRouche candidate Kesha Rogers.
As expected, both Greg Abbott and Wendy Davis won their gubernatorial primaries. But Abbott garnered 91% and over 1.2 million votes, the most of any candidate for any office. By contrast, Davis got 432,000 votes and won 79% of the vote against underfunded challenger Ray Madrigal, indicating a distinct enthusiasm gap despite Davis’ nationwide MSM cheer-leading corps.
Dan Patrick’s early lead over incumbent David Dewhurst in the Lt. Governor’s race held up. Patrick pulled in 550,742 votes for 41.5% of the vote, while Dewhurst got 376,164 votes for 28.3%. Maybe Dewhurst can carpet-bomb the runoff with money, but that’s an awful big gap to make up. We knew that Dewhurst losing to Cruz in 2012 hurt him; now we know how much.
Ken Paxton takes the lead into the runoff with 566,080 votes over Dan Branch’s 426,561.
Glenn Hegar is hovering right at the threshold of beating Harvey Hildebran outright in the Comptroller race.
George P. Bush garnered 934,501 to win the Land Commissioner primary…or over twice as many votes as Wendy Davis.
Sid Miller (410,273) and Tommy Merritt (248,568) are heading for a runoff for Agricultural Commissioner, leaving Joe Straus ally Eric Opiela out in the cold.
All the Ted Cruz-endorsed Supreme Court incumbents won their races.
Super-tight runoff in U.S. House District 23 between Francisco “Quico” Canseco and Will Hurd to face Democratic incumbent Pete Gallego. Canseco held the seat before Gallego, and whoever wins the runoff has a good chance of taking the swing seat back.
Katrina Pierson was unable to unseat Pete Sessions in U.S. House District 32, garnering 36.4% of the vote. As I feared, Sarah Palin’s endorsement came to late to truly capitalize on it in fundraising.
Matt McCall did even better, where he and another challenger kept Lamar Smith at 60.4% in U.S. House District 21. Though they won their primaries, Sessions and Smith might be vulnerable to further challenges in 2016.
As far as I can tell, every U.S. or statewide incumbent Republican either won or is leading their race. Except David Dewhurst.
Tags:2014 Election, 2014 Governor's Race, Dan Branch, Dan Patrick, David Alameel, David Dewhurst, Elections, Eric Opiela, Francisco "Quico" Canseco, George P. Bush, Glenn Hegar, Greg Abbott, John Cornyn, Katrina Pierson, Ken Paxton, Kesha Rogers, Matt McCall, Pete Sessions, Republicans, Sid Miller, Ted Cruz, Texas, Tommy Merritt, Wendy Davis
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Monday, March 3rd, 2014
With primary voting upon us tomorrow, it looks like I’ve run out of campaign to cover. Here then is a quick, scatter-shot batch of snippets on various races:
Wendy Davis is super popular…just not in Texas. “27 percent of the money Davis raised in the last filing quarter came from donors outside Texas, compared to just 2 percent of Abbott’s total.”
In the Comptroller race, Glenn Hegar seems to have have racked up the lion’s share of conservative endorsements, and is also winning the money race over Harvey Hilderbran (who has mostly racked up the endorsements of business groups, newspapers, and “shill” groups like Steve Holtz’s “Conservative Republicans of Texas“). 2010 Gubernatorial hopeful Debra Medina is also polling strongly despite having raised relatively little money, I didn’t think she was ready for primetime in 2010, but Comptroller is probably a great spot for a Libertarian. I’d vote Hegar over Medina, but I’d vote both over Hilderbran.
The Agricultural Commissioner’s race is easier to narrow down with who not to vote for, namely J. Allen Carnes, who voted Democratic until 2012, and “donated to Texas Democrats Pete Gallego, Henry Cuellar, and Ciro Rodriguez.” Also who to vote against: Eric Opiela, AKA Joe Straus’ lawyer. By contrast, Sid Miller seems to have racked up an impressive list of endorsements.
In the Land Commissioner race, George P. Bush does have a primary opponent in David Watts, who has actually racked up a fair number of endorsements. Plus Paul Burka isn’t impressed with George P. Bush’s campaign (and Burka may even be right for a change).
Lt. Governor race roundup. if the Chronicle paywall won’t let you in, search for the first sentence on Google news. Here’s some damning-with-faint-praise for Todd Staples: “‘Staples becomes a plausible alternative if you don’t have Dewhurst in the race,’ Henson said. ‘My impression is that he is well-liked in the Capitol special-interest community.'” Ouch!
Here’s your biannual reminder that Texas mainstream media outlets almost always endorse the most liberal candidate.
Tags:2014 Election, 2014 Lt. Governor's Race, David Watts, Debra Medina, Eric Opiela, George P. Bush, Glenn Hegar, Greg Abbott, Harvey Hilderbran, J. Allen Carnes, Joe Straus, Media Watch, MSM, Paul Burka, Republicans, Sid Miller, Steve Holtz, Texas, Todd Staples, Wendy Davis
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Tuesday, December 31st, 2013
I thought I would do a better job of keeping tabs on Texas statewide races, but there are just too many for me to do a good job tracking all of them. Going into next year, I’ll try to do a decent job of keeping track of the Governor’s Race (Spoiler: Greg Abbot wallops Wendy Davis), the Lt. Governor’s race, and the Attorney General’s race, and tidbits on any other races will just be a bonus. (If you know of any sites doing extensive coverage of the Ag Commissioner or Comptroller races, let me know.)
Here’s a roundup that will include some oldish news.
The most hilarious liberal initiative in the Texas governor’s race has to be Lady Parts Justice PAC. No, this is not an Instapundit parody. Liberals have actually reduced half American citizens to their genitalia. “Ladies! Why think with your brain when you can think with your vagina?”
Wendy Davis hires out-of-state consultant to run her campaign. This is my shocked face.
On the Democratic side, Wendy Davis and a Reynaldo “Ray” Madŕigal have filed for governor (I’m assuming it’s the same Madrigal who pulled in 5.7% in a run for Corpus Christi Mayor in 2012) and outgoing El Paso Mayor John F. Cook is running for Land Commissioner.
Interview with Madrigal:
Greg Abbott pledges to keep Texas budgets small.
Abbot and Davis wrangle over redistricting lawyers fees.
Davis is not ready for prime time. “All this leaves me seriously wondering whether Davis’ campaign has any chance of winning in 2014. Or worse: whether Davis didn’t take the Valley seriously enough to come here polished and ready and with her A-team. Surely this type of poor venue and repetitive shallow non-statements and unprofessional media handling wouldn’t play, in say, a Dallas crowd.” And that’s from a liberal Democrat.
There was a Lt. Governor’s debate:
kcentv.com – KCEN HD – Waco, Temple, and Killeen
Todd Staples releases a good list of heavy hitting donors.
David Dewhurst releases a better one. Harlan Crow, Jerry Jones, Red McCombs and Drayton MacLane all stick out as particularly heavy hitters. (Another name, Kevin Eltife, is probably best know as a Republican state senator who wants to raise taxes.)
David Dewhurst has a campaign video out:
Jerry Patterson touts his 2nd Amendment credentials:
Dan Patrick touts the endorsement of Texans for Fiscal Responsibility.
A closer look at how Michael Quinn Sullivan and TFR do endorsements.
Democratic State Senator Leticia Van de Putte of San Antonio makes her Lt. Governor’s run official.
Attorney General candidate Ken Paxton racks up over 220 East Texas endorsements for his Attorney General bid.
Paxton also campaigned in East Texas.
He also announced the endorsement of Ted Cruz for Senate chairman Kelly Shackelford:
As well as state senator Brian Birdwell
The Texas Tribune does a roundup of the AG race, noting Paxton had won 6 out of 6 straw polls, while Dan Branch raised the most money (including a check from George W. Bush).
Meanwhile, AG candidate Barry Smitherman touts his right to life endorsements.
AG candidate Dan Branch vowed to defend Texas Voter ID Laws. I doubt that’s a differentiator among GOP candidate…
Branch also picked up a lot of business endorsements, including Texas Association of Builders’ HOMEPAC, the Texas Farm Bureau AGFUND, and the Texas Apartment Association. It was always pretty clear Branch was going to get the lion’s share of “moneybags PACs” endorsements…
Susan Combs endorses Glenn Hegar for Comptroller.
Sid Miller is running for Agricultural Commissioner, and he’s already wrapped up endorsements from Young Conservatives of Texas, Texans for Fiscal Responsibility, and Ted Nugent.
Tags:2014 Attorney General's Race, 2014 Election, 2014 Governor's Race, 2014 Lt. Governor's Race, Dan Branch, Dan Patrick, David Dewhurst, Democrats, Elections, Glenn Hegar, Greg Abbott, Jerry Patterson, Ken Paxton, Leticia Van de Putte, Michael Quinn Sullivan, Ray Madrigal, Republicans, Sid Miller, Susan Combs, Texas, Todd Staples, video, Wendy Davis
Posted in Democrats, Elections, Republicans, Texas, unions | No Comments »