Big Jolly Politics

politics in Harris County and Texas

CD-7 Candidate Tim Stroud visits Downtown Houston Pachyderm Club

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Sophia Mafrige and Tim Stroud

It’s early in the primary season and candidates are starting to venture out in search of votes. The Downtown Houston Pachyderm Club has always been a favorite destination for both candidates and voters during the primary season. Of course, this year is a redistricting year, so it’s pretty difficult for anyone to say with certainty what district lines and demographics will be. With those things in mind, I ventured downtown to listen to Tim Stroud make his pitch as to why people should vote for him.

Tim Stroud is campaigning as a candidate for CD-7 at the moment. It’s anyone’s guess as to what the final district lines will look like but he said that regardless of that he is going to be running in the district he lives in and is confident that it will still be called CD-7 and that incumbent Rep. Lizzie Fletcher (D) will be the final opponent should he prevail. He stated that he moved into the district a year and a half ago.

After listening to him and asking a few questions, I’m not sure what his campaign is for. He focused a lot on not adhering to the “red vs blue” or “us vs them” mentality. His website has many of the usual Republican boilerplate issues but he didn’t highlight any of them at this meeting.

He focused mostly on his military career and work afterwards helping veterans. He stated that he has raised a lot of money for vets and his desire is to be a “connector guy”, the person that people go to when they need something or have something to offer and connecting them. His work also entails training companies and people on the social and legal statutes that apply to Service Dogs. His service dog Colton was with him at the meeting.

One of the attendees asked him how he was going to raise enough funding to compete with Rep. Fletcher. He responded by saying that he estimated that he would have to raise $5 million and then went on to talking about something else. I followed up by noting that he didn’t respond and asked again how he was going to raise such a large amount. After all, the last guy to try this (and one that is running again) spent about $8 million and lost. Mr. Stroud said that he had a network of friends and that he would lean on them since he wasn’t connected to the Karl Rove/Kevin McCarthy pipeline as the other guy was. I looked up his FEC filings and he didn’t get started until June and didn’t hold his first fundraiser until July, so it will be months before we get a glimpse as to his financial viability.

As for the issues, I noted they were boilerplate but when you review them a bit, I’m not certain that they are in line with today’s Republican primary voters. For instance, this is from his “Protect Life” bullet:

The majority of men, the majority of women, and the majority of young people today now believe that abortion after 20 weeks is wrong. Taking that common ground, I will always compassionately stand up for pro-life policies in Washington

I’m not sure that’s going to fly with groups like Texas Right-to-Life.

Or this from his “Secure the Border” bullet:

Illegal immigration encourages and funds human/child trafficking. …. I will focus on policies that protect innocent victims of human trafficking and that promote legal immigration.

Again, I’m note sure that those passionate about stopping the “illegal invasion” are going to think much of a policy devoted to human trafficking. Obviously, human trafficking is a problem but it is not one that affects most people in their everyday lives like the other aspects of illegal immigration do.

These a just a couple of quick takes on his platform as listed on his website. I could probably do the same to each of his points but you get the idea. Truth is, I didn’t get the sense that he was in tune with Republican primary voters or issues. But it’s early yet and he has plenty of time to sharpen his focus and narrow in on issues that will excite voters.

Hope to see you soon at one of the next events. This week, Harris County Precinct 2 Commissioner candidate John Manlove is scheduled to speak at the Downtown Houston Pachyderm Club. Why don’t you join me?

For more on Mr. Stroud:

Website: https://www.timstroud.com

Facebook: https://www.facebook.com/TimStroudForCongress

Twitter: https://twitter.com/timthearmymedic

Instagram: https://www.instagram.com/docstroud/

Linked In: https://www.linkedin.com/in/stroudmarketing/

YouTube: https://www.youtube.com/channel/UC7zsPh-IyhC56laPMpOywew

False Narratives and Legislative Walkouts Require a Statutory Solution

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Quorum busting via nonattendance is a legitimate exercise of political power.  The Harris County Republican County Commissioners recently denied Commissioner’s Court a quorum to avoid allowing a tax increase.  It’s a matter of personal responsibility – a person, elected or not, should have the ability to choose to not show up for their job.  However, having the ability to not show up for their job should be subject to consequences.  The Democrats will continue to push a false narrative to justify walking out of the legislature to prevent voting legislation.  It’s likely they will also walk out to deny redistricting so the issue is forced into the courts and away from the legislature.  A statutory solution is needed to remedy the situation.

False Narrative

The Democrats are pushing many false narratives to justify their walkout.  Rather than answer all of their specious allegations the Republicans need to focus on the false narrative regarding curbside voting (also known as motor voting.)  The Democrats are promoting the false narrative that increasing curbside voting will help the disabled and elderly.  This is a flat out falsehood.  Implementing changes to the curbside voting harms the disabled.  I’ve personally witnessed confusion and the attempt to abuse the process at Bayland Community Center.  To their credit, the election officials there acted in conformity with the law and only the disabled individuals were allowed to curbside vote.

To begin with, a look at current law shows how the disabled and elderly are protected.  Making changes to the Election Code will weaken the protections by opening up the process to others who are not currently protected.  Three provisions of the Election Code are telling: (if you don’t want to read the legal a summary follows immediately after the code sections)

Texas Election Code Sec. 43.034.  ACCESSIBILITY OF POLLING PLACE TO THE ELDERLY AND PERSONS WITH PHYSICAL DISABILITIES.  (a)  Each polling place shall be accessible to and usable by the elderly and persons with physical disabilities. To be considered accessible, a polling place must meet the standards established under Article 9102, Revised Statutes, including the following standards:

(1)  the polling place must be on the ground-level floor or be accessible from the ground-level floor by an elevator with doors that provide an opening of at least 36 inches in width;

(2)  doors, entrances, and exits used to enter or leave the polling place must have a minimum width of 32 inches;

(3)  any curb adjacent to the main entrance to a polling place must have curb cuts or temporary nonslip ramps;

(4)  any stairs necessary to enter or leave the polling place must have a handrail on each side of the stairs and a nonslip ramp;  and

(5)  the polling place may not have a barrier that impedes the path of a person with physical disabilities to the voting station.

 

Sec. 61.012.  ACCESS BY PERSONS WITH DISABILITIES.  (a)  Except as provided by Section 61.013, each polling place must provide at least one voting station that:

(1)  complies with:

(A)  Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its subsequent amendments;

(B)  Title II of the federal Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) and its subsequent amendments; and

(C)  the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) and its subsequent amendments; and

(2)  provides a practical and effective means for voters with physical disabilities to cast a secret ballot.

 

Sec. 64.009.  VOTER UNABLE TO ENTER POLLING PLACE.  (a)  If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter’s health, on the voter’s request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb.

(b)  The regular voting procedures may be modified by the election officer to the extent necessary to conduct voting under this section.

(c)  After the voter is accepted for voting, the voter shall mark the ballot and give it to the election officer who shall deposit it in the ballot box.

(d)  On the voter’s request, a person accompanying the voter shall be permitted to select the voter’s ballot and deposit the ballot in the ballot box.

 

In short, polling places have to comply with the ADA, be easily accessible for the elderly, and provide for curbside voting if an individual is unable to physically enter the polling location without personal assistance or the likelihood of injuring the voter’s health.  If curbside voting is appropriate, the voter using curbside voting can have an individual accompanying them select the voter’s ballot – this means assist them with the voting just like if they were inside the polling location.  The elderly and disabled have both ADA protections as well as curbside voting access if they are unable to enter the polling location.  Opening up the process to more individuals imposes extra burden on the elderly and disabled by granting access to people who presently do not qualify and accordingly create longer wait times for the elderly and disabled.

A Statutory Fix is Needed

Under the current rules nothing can be done about quorum busting unless the absent legislators are in state.  Texas law enforcement personnel can only exercise jurisdiction within the boundaries where they are empowered. The Democrats running to Oklahoma like they did to block redistricting in the past, or to DC now means they are beyond the reach of Texas law enforcement personnel.  They get a free pass until they arrive, and even then, despite all the noisemaking to the contrary if they act appropriately are free from being arrested.

The pertinent Texas Constitutional Provisions state: (summary follows)

Article III Section 14

Privilege From Arrest During Legislative Session

Senators and Representatives shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same.

Article III Section 40

Special Sessions; Subjects of Legislation; Duration

When the Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such a session, or presented to them by the Governor; and no such session shall be of longer duration than thirty days.

Article III Section 10

Quorum; Adjournments From Day To Day; Compelling Attendance

Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such a manner and under such penalties as each house may provide.

Summary – legislators cannot be arrested if they are going or returning from the legislative session unless it is for a felony, treason, or breach of the peace.  Special sessions are limited to 30 days. Although each chamber can compel attendance of absent members under such penalties as they see fit, it cannot be in conflict with the Texas Constitution and that means no arrest for absent members heading to the legislative session.

To avoid arrest all the Democrats have to do is wait out the time on the current special session.  If (when) the Governor does call another special session all they have to do is to publicize they are traveling to the new session and they are protected from arrest.  Simple measures ensure they escape valid arrest, and if an unlawful arrest occurs they have ample ability to seek redress in the friendly district courts in Austin.

Solutions

 Both short term and long term solutions are needed to ensure the problem is prevented in the future.  In the short term, the legislature should enact penalties as they see fit to compel attendance.  As long as they do not run contrary to the Texas and/or United States Constitution the legislative chambers have very broad latitude.  A simple solution is to both dock the absent legislator’s budget each day they are absent AND forcibly close all of the absent legislator’s offices.  The legislature could act in this manner, and further they could use the daily budget docking to pay state troopers to stand watch over the offices and arrest anyone trying to enter the office for criminal trespass.  Cutting the absent member’s ability to do work on behalf of their constituents is a pressure point to get them to report back to Austin.

A long term solution is also needed to prevent a reoccurrence.  This was an organized effort with assistance from third parties.  When the next special session is called the Governor needs to add an agenda item of creating criminal penalties for being voluntarily absent for the purpose of denying a quorum.  Remember, the prohibition from arrest contains exceptions for a felony.

By making quorum denial a felony two goals are achieved.  First, the absent legislators can be arrested even upon returning for the crime.  More importantly, anyone assisting in the endeavor can be charged for assisting with the crime.  Future walkouts will be difficult to organize if the accessories are subject to arrest for a felony.  It’s hard to find a pilot to fly you or a hotel room to rent if the individuals involved are subject to criminal penalty.

These steps wouldn’t be a rock solid way to ensure no future walk outs occur. However taking these steps, along with codifying the Attorney General has prosecutorial authority in the venue of their choosing goes a long way to injecting fear and uncertainty to the process.

 

Former Harris County Precinct 2 Commissioner Jack Morman launches campaign

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From the InBox:

Jack Morman Campaign Announcement

Dear Friends:

I am proud to announce my candidacy for Harris County Commissioner Precinct Two in the 2022 Republican Primary.  I am getting started early. I expect a tough fight. With your help, we can carry it into the November 2022 General Election and unseat liberal Adrian Garcia.

In my two terms as your Republican Precinct Two Commissioner, I backed law enforcement and supported maintaining fiscal discipline and stability in County finances. My team improved transportation and mobility and enhanced the quality of life for everyone.

A lot has changed since I narrowly lost my seat on Commissioners Court in 2018.  Liberals have seized county government. They are hostile to constituents and care more about coddling criminals than locking them behind bars. They flatly dismiss victims and statistics that show violent crimes hitting alarming levels.  The liberal majority on the Commissioners Court has also pumped millions in taxpayer money into defending criminal illegal immigrants.

The current Precinct Two Commissioner and his accomplices send advocates for crime victims packing when they speak out publicly. They dismiss increased crime rates by saying those who work to help victims are “cherry picking” cases of real victimhood to harm “reform.” Some reform.

How many people must die on our streets before the current Precinct Two Commissioner and his liberal allies take victims and law enforcement seriously?

Before leaving office, I fought for increased pay for law enforcement officers. Now, the liberals controlling Commissioners Court have derided those efforts because they think helping those who protect our families better support their families is a bad investment.

They would rather spend your money on “reforms” that have turned our courthouse into a revolving door that puts dangerous criminals back on the street time and time again.

These so-called “progressives” who now run Commissioners Court think leadership means spending taxpayer money and emptying out public reserves meant to assist during hurricanes and natural disasters. They have used COVID as an excuse to treat the public’s money like a personal campaign account.

You know the precinct I grew up in, served and still call home is now controlled by one of these liberal Democrats. You know he is a bully who has run off respected professionals from county government in favor of politically-connected lackeys.  You know he talks a big game about supporting the men and women of law enforcement by leaning on his own dubious record as a failed sheriff.

Recently, he voted with two of his liberal cohorts on the Commissioners Court to seize funds county law enforcement agencies had saved to help defray the costs of protecting families. This was your money. Know the truth.

If county departments and agencies spent less than they were budgeted – a good thing for taxpayers – they could carry those savings forward to continue defraying the costs of operations. Those saved funds were available if needed for public safety and other projects and set the table for making the county one of the strongest local governments in the nation. No more.

The incumbent Precinct Two Commissioner voted to take roughly $130 million from those county departments. About $40 million of those funds were dedicated to law enforcement, prosecutors, court services and other vital efforts tied to criminal justice. In some cases, this was money used to buy bulletproof vests for officers and patrol vehicles. Now, your elected and independent law enforcement leaders cannot take initiative without coming to the liberals any time they need help.

There was no plan announced for the taxpayer money seized by the liberals. The Precinct Two Commissioner did not have a plan for the funds, but he did vote to make sure the raid on the rollover reserves saved for taxpayers did not extend to his own coffers. He grabbed cash from other departments without a plan but voted to exempt himself and other Commissioners Court members.

While crushing county reserves, defunding law enforcement, and diminishing the financial management of your county government, the Commissioner in Precinct Two has joined his liberal team members in rejecting billions of dollars in state funds to improve Interstate 45.

Instead of working with our transportation partners on improvements to fight traffic and improve mobility – something vital to economic development – the current Precinct Two Commissioner is working to turn a needed highway project into a public works disaster. Without new direction, the result could mean the state takes those transportation dollars elsewhere while the Precinct 2 Commissioner threatens litigation to advance a mass transit agenda to please Democratic activists and liberal consultants.

All of this is being done behind closed doors. There have been secret meetings to grab cash from the Harris County Toll Road Authority for the liberal agenda. Meetings that took place while the Democrats on Commissioners Court talked a big game about transparency.

I am running because we need a conservative majority on the Commissioners Court once again. Steps must be taken to make things right again and secure County finances, fight crime and get people moving on our freeways.

Democrat Adrian Garcia cares little for these things. He cares more about posing for pictures on Twitter. It is time to reclaim our local government. For that I need your help. Look for campaign news. I will be reaching out for your support.

I have always believed in quiet and steady leadership that gets results. Together, let us now make some noise and send the professional politician who is now Commissioner Precinct Two to push his liberal agenda elsewhere.

If you have questions, email me at [email protected]. Thanks for your continued support! I will see you on the campaign trail.

Your friend,

Jack Morman

Paid Political Ad., Jack Morman Campaign, Andrea Moreno Morman, Treasurer

P.O. Box 682, Deer Park, TX 77536

 

School board candidate pushes back on false narrative set forth by union-backed opponent

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Editor’s note: This is a guest post by Lisa Andrews Alpe, a volunteer for the Chris Earnest campaign.

Today is the last day of early voting, and Spring Branch Independent School District candidate for Board of Trustees, Chris Earnest, has spent the last week dispelling the myth that Texas unions are powerless organizations that merely offer a “source of insurance” for members.

That tall tale has been plastered all over social media by his union-endorsed opponent and her school-board-supported campaign.

What began as a feeble attempt to explain away her union endorsements to those who would normally vote against union involvement in school board elections, has turned into a full-blown attempt to dissuade conservative voters from Chris Earnest.

Her supporters would like to hide the fact that Texas unions have morphed into the political arms of the Democrat Party.

So let’s settle this right now.

If Texas unions truly were the docile, insurance-offering entities they would have you believe, Mayor Sylvester Turner wouldn’t be engaged in a years-long battle with the Houston firefighters.

Texas unions are quite powerful. More powerful than Texas lobbies. And unions want to hand-pick Spring Branch ISD’s school board so that they can begin to strong-arm their way into the schools and curriculum of one of the last conservative holdouts in Harris County.

The Houston and Spring Branch chapters of the American Federation of Teachers (AFT) have endorsed Chris Earnest’s opponent, as has the Gulf Coast AFL-CIO.

AFT is a member of the AFL-CIO. The AFL is the American Federation of Labor and the CIO is the Congress of Industrial Organizations. They combined in 1953. The AFL was skilled trades and the CIO was the factory, or unskilled, labor. The AFL-CIO is an organization that allows unions from different trades to come together.

Union backing of Chris Earnest’s opponent is very coordinated and interconnected. They really have their sights set on Spring Branch ISD. They know that the conservative vote is strong in Spring Branch and they want to silence it once and for all.

And they might.

A vote against Chris Earnest is a vote for unions. No vote at all is a vote for unions.

“This is a nonpartisan race. But those who do not want union involvement in our school district need to vote today, this last day of early voting. The school board has been allowed to operate without much dissension in the ranks, but this past year opened my eyes and the eyes of thousands of other parents in the district. Today is crucial because the last several election cycles have shown us that races are won in early voting,” Earnest said in a statement.

Vote Chris Earnest for Spring Branch ISD Board of Trustees.

In Support of Senate Bill 1173

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Update: Nicolette and Kenan arrived today.

Abortion was raised 11 days ago.

Senate Bill 1173 “prohibits discriminatory abortions on the basis of race, ethnicity, sex, probability or confirmed diagnosis of Down Syndrome or probability or diagnosis of a disability in Texas; closes the fetal abnormality loophole for late-term abortions while maintaining an exception for medical emergencies; and requires that perinatal palliative care information be provided to a pregnant woman at the time of diagnosis of a severe fetal disability so the woman may make a fully-informed decision.” per the Author/Sponsor’s Statement of Intent.

Regular readers here know my son, Kenshin, has Down syndrome.  What almost no one knows is Rochelle is presently in the hospital for preterm labor with twins, Kenan and Nicolette, and Kenan potentially has a genetic disorder.  The difference in the way Kenshin and Kenan were handled shows exactly why Senate Bill 1173 is needed.

Much of the medical community is made of hard working individuals who do their best to preserve health and cure their patients.  However, there is a portion of the medical community which seems to be willing to write off disabled individuals.  Last legislative session I wrote about what happened to Kenshin after birth and how he almost died at one day old and appeared to simply be written off.  The short version is he needed surgery at one day old, the wrong sized trach tube was used for surgery – the size appropriate for a 20 week preemie not a full term delivery – and how although his arterial blood gas was sub 40% we were called and told all was well and no need to come up to the hospital.

The callous indifference described two years ago isn’t limited to disabled babies after they are born.  Kenshin’s prenatal medical records at the time repeatedly mentioned abortion. The issue wasn’t raised because the Down syndrome diagnosis wasn’t obtained until after 20 weeks, and the medical records noted that abortion was not allowed post viability. That’s a stark contrast to what happened with Kenan.

Last week we have a prenatal imaging appointment.  We had been told in the past that there was going to be some issues, namely scoliosis, and advised that it was more likely that not from intrauterine remodeling.  That makes sense, a small mother carrying twins can have space issues.  However, last week the visit was completely different.  Rather than scoliosis we are told scoliosis, misshapen head, curved long bones in the arms and legs, arm and leg growth is at the 2nd percentile.  This was followed up with a declaration that it was likely a genetic disorder.

This occurred at 31 weeks 6 days.  Not good news, but with one child having a genetic disorder it was simply something we accepted and carry on.  However, at this very late date abortion was raised.  Rather than answer the question we deflect, and ask future oriented questions.  The asking future oriented questions should be a tactful way of dismissing the issue, but the issue kept coming up until we flatly say abortion is not an option.

The stress from this event caused Rochelle to have contractions the next day.  We call her treating physician and are told if they do not resolve within an hour to go to the hospital.  They spontaneously resolved, but when we have the next prenatal office visit we are told she is dilated to the point that we are to go straight to the hospital. That’s not the end of the story though.  Stress from the sudden trip to the hospital and she starts contracting again.  Once those are stopped she has become dilated to the point that it’s not safe for her to come home.  This means we are stuck here for an indefinite amount of time trying to prevent premature birth.

Having to stay at the hospital means that there’s plenty of time for more ultrasounds to further evaluate Kenen’s condition.  The further ultrasound gives a very unexpected answer – we’re not sure what they were seeing; this is a normal variation twin to twin.  There may be an issue, but it’s not significant.  Abortion was initially raised at 31 weeks 6 days and not stopped being raised until flatly rejected for what is functionally a mild condition.

Legal Theories

Of course, if a law passes and it is not upheld at the appellate and Supreme Court level then it’s of no avail.  With a 6-3 Supreme Court it’s hard to try and say what will happen. Anyone who tries to tell you what will occur at the Supreme Court in relation to abortion legislation isn’t trustworthy because we are in a period of uncertainty.

n June Medical Services Chief Justice Roberts joined the four liberals and sided against Louisiana.  However, he gave some interesting statements in his concurring decision.  He stated, “I joined the dissent in Whole Woman’s Health and continue to believe that the case was wrongly decided. The question today however is not whether Whole Woman’s Health was right or wrong, but whether to adhere to it in deciding the present case.”  He reasoned, “The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike. The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana’s law cannot stand under our precedents.”  He then went into a detailed discussion as to why stare decisis is important.

This suggests that if a different legal argument were presented the door is opened for him to uphold a different legal theory as to why abortion should not be allowed.  A second avenue for upholding Senate Bill 1173 is simply the numbers.  The Supreme Court is now 6-3.  The same coalition that upheld June Medical Services is insufficient to strike down Senate Bill 1173.

Senate Bill 1173 could be upheld, especially if it were couched as a different legal theory.  No one really knows if it will be, and we really can’t know until a case makes it up to this Supreme Court, but there’s enough room for hope that passage isn’t a doomed conclusion like House Bill 2 was.

Unlike most of the right to life organizations in the state I don’t operate under the theory that Roe should be reversed.  Rather, I operate we need to use Roe as a guide to achieve a different result. It is the public policy for the state of Texas that the unborn child is recognized as a distinct person from the moment of conception.  The state should simply argue that Texas is empowered to declare when personhood occurs, and chooses to do so at conception.  As a result the unborn baby has rights.

In Roe, the Supreme Court tracked the history of laws touching on abortion, created a right to privacy, and implemented standards on when abortion could and could not be regulated in light of the right to privacy using the history of the laws to find that it is not a long held prohibition. Texas should present a theory that many states have recognized rights for the unborn, and just as Roe dictates society has advanced to where after viability  unborn children are recognized to have rights and that Roe requires that new standards be implemented to where the unborn baby’s rights be recognized.  That follows the same blueprint of Roe, and is a novel legal theory to present to the Supreme Court.  Senate Bill 1173 fits this legal theory because the author’s intent specifically indicates the intention is to close the late term abortion loophole.

53,830 People Are Out On Felony Bond In Harris County

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Much has been made of the ongoing bond to murder spree in Harris County.  With the local judges, by and large, being criminal friendly and readily giving out bond it raises the question of just how many individuals are out on bond to establish the scope of the bond issue.  To that end a Public Information Act request was filed with the district attorney office to find out the number of individuals were out on felony bond.  The response is 53,830 individuals are out on felony bond for 75,344 charges.

The total number of individuals out on felony bond seems shockingly high.  The county courts at law have a somewhat higher number of individuals out on bond compared to the district courts, with the high, low and average as follows:

County Courts at Law                                                     District Courts

Low: 1,558                                                                           Low: 973

High: 2,697                                                                          High: 2,194

Average: 2,329                                                                  Average: 1,730

Of the district courts, the 177th and to a lesser extent the 337th had low outlying values for bond, but otherwise the courts seemed to not have any high bond outliers.  The district courts could be broken into tiers of bond, with a fairly even distribution between the tiers.  A graph of the County Courts at Law and the District Courts is shown below.  The District Courts are broken into two charts so each court is visible on the axis; there’s no other reason for breaking it into the two charts.

  County Courts at Law
District Courts 1
District Courts 2

Types of Charges

The District Attorney’s office was asked to provide a breakdown of defendants out on bond broken down by court and by offense type.  This was further reduced to felony bond only given the sheer number of offenses involved.  In the dataset they provided the information is too dense to publish in any meaningful form.  Even breaking the crimes down into the various “trees” of crimes (all assaults for example) gives over 40 different offense listings.  It’s noteworthy these numbers are only felony bonds, so offenses like animal cruelty are only the felony number out on bond.  A table with these trees can be found at the end of the article.  What’s below is some of the worst of the worst crimes.

Murder tree – 454

Deadly Conduct – 131

Crimes against Children – 1443

Family Violence not involving a protective order – 10,692

Protective Order Violation – 642

Sexual Assault not against a child – 261.

Note this is for unique defendants – this isn’t a case of an individual shows up in multiple categories in this breakdown.  Looking a little deeper than these broad categories 76 people are out on capital murder bond.  With the crimes against children 1,099 of the crimes against children are sexual assault or attempted sexual assault.  With family violence 1,984 are aggravated assault.

Bond Criteria

The penal code sets out the criteria to be used for bail bond.  The penal code directs:

Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL.  The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail;  they are to be governed in the exercise of this discretion by the Constitution and by the following rules:

  1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
  2. The power to require bail is not to be so used as to make it an instrument of oppression.
  3. The nature of the offense and the circumstances under which it was committed are to be considered.
  4. The ability to make bail is to be regarded, and proof may be taken upon this point.
  5. The future safety of a victim of the alleged offense and the community shall be considered.

Being poor is not a crime.  However, it is only one factor in the list of factors the penal code requires to be used for evaluating bond.  The current criminal courts and the democrats on Commissioner’s Court seem to favor the second on fourth element over the other three.  Evidence of this can be seen by looking at some of the more heinous crimes listed above.

With the ongoing bond to murder spree it’s hard to say that the fifth element – future safety of victims and the community – is given any consideration.  The six hundred forty-two bonds for violation of a protective order is especially disturbing since it establishes the defendant already has willfully violated the court’s instruction.  The courts have no reason to believe an individual will appear for their court date if they already are disregarding orders. Also, the courts have no reason to suspect the victim of community is safe in the instance of an individual who violates a protective order.  Yet, 642 times a court has allowed the individual bond.

While others doubtless can and will do a more fine toothed analysis of the specific crimes and courts, hopefully the sheer number of individuals out on felony bond is a wake up call to show just how expansive of a problem we are facing.

 

Consolidated list of crimes:

Animal Cruelty 189
Arson 84
Assault 15290
Auto Theft 861
Burglary – Building 1938
Capital Murder 76
Child Abandon/Endanger 276
Child Pornography 63
Controlled Substance – Possession 7204
Criminal Mischief 1505
Deadly Conduct 131
DWI 15186
DWLI/DWLS 263
Environmental 137
Exparte 4
Failure to ID 504
Firearm 3776
Fraud 1594
Gambling 102
Human Trafficking 187
Interfering/Obstruction/Resisting/Evading 4034
Kidnapping 92
Liquor 49
Manslaughter 122
Marijuana 316
Money Laundering 94
Motor Vehicle – Intox Assault 89
Motor Vehicle – Non-DUI 1762
Murder 256
Organized Crime 330
Other 1605
Prostitution 413
Retaliation 405
Robbery 1570
Sexual Assault 1451
Solicit/Conspiracy 3
Stalking/Harrassment/Threat-FV 1860
Theft 3842
Trespass 745
Violation of Protective Order Attempted-FV 642
Weapon 907