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THURSDAY || 11/7/24
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“If something of importance is known in Texas, Matt knows it. With a decline in the number of credible news organizations, the Must Read Texas morning email is indispensable for anyone that wants to continue to be informed.” – Former U.S. Senator Phil Gramm (R-TX)
AUSTIN NEWSLETTER LAUNCHED
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TOP NEWS
“Texas A&M offers its Bryan campus for new nuclear reactors,” Houston Chronicle's Claire Hao — “Texas A&M University has started the process to offer companies land [ [link removed] ] at its Rellis Campus in Bryan for construction of the latest generation of nuclear reactors.
If approved by federal regulators, the Texas A&M System would be the only higher education institution in the country with a commercial nuclear reactor site license, according to John Sharp, its chancellor. The university had offered up land [ [link removed] ] it owns around the state for developers to build natural gas power plants in May.
The university is now courting nuclear energy companies because its leaders believe building more nuclear plants is the “obvious and only answer to the power supply problems in Texas,” Sharp said in an interview.
“The reason that we decided to look at it is because we can. If you look at the politics of the West Coast, the politics of the East Coast, in some places even in Texas, any mention of the nuclear reactors is politically not feasible. That's not the case here,” Sharp said. He cited existing nuclear facilities throughout campus, including a 1-megawatt reactor [ [link removed] ] near Easterwood Airport used for research.
Demand for power in Texas could almost double [ [link removed] ] by 2030 as the state welcomes more people and businesses, especially power-hungry data centers [ [link removed] ] necessary for the development of artificial intelligence, further straining the already stretched-thin Texas power grid [ [link removed] ]. Though clean energy resources have grown rapidly, state leaders say they are still concerned about power supply because wind and solar farms are dependent on weather conditions and batteries can only store a couple hours' worth of power.
Leading technology companies are faced with their own quandary: How can they thread the needle of building new data centers that need electricity 24/7, without propping up fossil fuels against their commitments to reduce carbon emissions? For many, one answer has been to revive the nation’s nuclear energy industry, which began stagnating in the 1970s due to escalating cost and safety concerns.
As Big Tech and nuclear power companies forge deals, however, few suitable locations have been identified for where those new plants will go, according to a statement issued Thursday by Texas A&M [ [link removed] ]. That’s where the university hopes to step in.
Texas A&M’s Board of Regents voted unanimously at a Thursday meeting to send the Nuclear Regulatory Commission a notice of its intent to seek an early site permit that would allow nuclear reactors to be built on Rellis Campus, the first official step in providing land to developers." Houston Chronicle [ [link removed] ] ($)
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“Texas A&M cuts 52 academic programs despite faculty opposition,” Houston Chronicle's Samantha Ketterer — “The Texas A&M University System Board of Regents has directed the flagship’s president to eliminate 52 “low-producing” minors and certificates, including a LGBTQ studies minor that had previously come under fire by conservative lawmakers and media.
Dozens of faculty members protested the decision at a Thursday meeting of the board, with eight in a public forum criticizing the regents for considering the item without more faculty input. Board members defended the vote prior to making it, though educators in the audience laughed and jeered at some of the responses – especially when Regent Michael J. Plank referenced the board's fiduciary duty to "eliminate waste."
“Obviously there was a failure along the way to carry this fully through the Faculty Senate, however it needed to be reviewed,” said Plank, chairman of the board's Committee on Academic and Student Affairs. “However, it was deemed by our group there had been sufficient faculty review. I know you all would disagree with that.”
Plank told the faculty that the board was not trying to single out the flagship or a particular program, even as several said they feared a political agenda tanked the LGBTQ minor and ensnared dozens of certificates and minors in the process.
The resolution unanimously approved on Thursday mandates other system institution presidents to review their minors and certificate programs. Texas A&M System policy only calls for institutions to report their low-producing majors on a biannual basis, and the vote means that the policy now will be updated to include minors and certificates." Houston Chronicle [ [link removed] ] ($)
“Husband of Suzanne Simpson charged with murder,” San Antonio Express-News' Gabrielle Ybarra — “Brad Simpson, the husband of missing real estate agent Suzanne Simpson, has been charged with murder in connection with her disappearance.
The charge, which was filed Thursday, comes a month after the disappearance of his wife, who was last seen alive on Oct. 6.
Brad Simpson, 53, was arrested three days later. He was charged with unlawful restraint and assault causing bodily injury to a family member — his wife.
He also faces two felony charges — tampering with or fabricating physical evidence and possession of a prohibited weapon. He is being held at the Bexar County jail in lieu of $3 million bail.
Law enforcement officials have searched extensively for Suzanne Simpson's remains, including in wooded areas near the Simpson home in Olmos Park, a wooded expanse off Interstate 10 in Boerne and a landfill on San Antonio's East Side, but found nothing.
On Thursday, Sgt. Deon Cockrell with the Texas Department of Public Safety told the Express-News that no body had been found.
The Bexar County Magistrates Office said an arrest affidavit with details on the murder charge has been sealed to the public for 30 days at the request of Judge Kristina Escalona of the 186th district court.
Steven Gilmore, Brad Simpson's court appointed attorney, declined to provide comment on the charge.
According to an arrest affidavit for Brad Simpson, a neighbor saw him struggling with his wife outside their home on the night of Oct. 6. A short time later, the neighbor heard screams in a wooded area nearby.
The neighbor also told police he saw Brad Simpson’s black GMC pickup leave the Simpsons’ home and return an hour or two later." SAEN [ [link removed] ] ($)
2024
“Republicans sweep in Texas also extended to state's appellate courts,” Texas Tribune's Kayla Guo — “Republicans swept Texas’ state appellate courts in Tuesday’s election, with Republican judges knocking out Democrats in 25 out of 26 contested races.
While the red wave that washed over the state’s courts of appeals reflected the GOP’s broader strength in races up and down the ballot, it wasn’t immediately clear that the election results portended a vast difference in the courts’ decisions.
Texas has 14 courts of appeals, known as intermediate appellate courts, with jurisdiction over all civil and criminal cases appealed from district or county courts within their geographic region. (Texas also recently created a statewide 15th Court of Appeals that hears business disputes and any civil appeals involving the state government.)
The courts handle disputes ranging from real estate and oil and gas cases to entertainment law, criminal cases and beyond. All intermediate appellate courts serve multiple counties, including the one in which they are based.
Judges serve six-year terms.
This election, Republican judges flipped 23 seats on the intermediate appellate courts, beating several Democratic incumbents, in some cases by the narrowest of margins.
The GOP took all but one contested seat, and even there, the Democrat won narrowly: Maggie Ellis, on the 3rd Court of Appeals based in Austin, triumphed with just 50.9% of the vote.
Republicans won every seat up for grabs on the Dallas-based Fifth District Court of Appeals, gaining a Republican majority on the previously all-Democratic bench. The GOP also took over the Houston-based 14th District Court of Appeals. And Republicans swept other appellate courts based in Houston, San Antonio and Corpus Christi.
Judicial Fairness PAC [ [link removed] ], a conservative super PAC, pumped millions of dollars into the low-profile races, running ads and endorsing Republican judicial candidates that ultimately won seats on courts based in Houston, San Antonio, Dallas and Corpus Christi.
“We need judges who will keep violent criminals behind bars by imposing meaningful bail before trials, instead of letting them out to commit additional violent crimes,” the PAC’s website reads.
The PAC received more than $18 million in contributions [ [link removed] ], including $2 million from Elon Musk, and sizable donations from energy companies, billionaire investors, oil magnates and property developers.
Still, Chad Ruback, a Dallas-based appellate lawyer, attributed Republican wins on the bench to the GOP’s broader strength and Democrats’ disastrous performance across the state.
“A lot of people were carried in on President Trump’s coattails,” Ruback said on Wednesday, noting that the judicial red wave aligned with the wider margins of victory that Trump and Sen. Ted Cruz enjoyed in Texas this year relative to previous election cycles. “I don’t believe that the change we’re seeing in the appellate races last night should be viewed in a vacuum.”
He said Tuesday’s GOP appellate court takeover felt like “déjà vu” from 2018, “but in reverse.” Six years ago, Democrats swept the state appellate bench. This year, many of those same seats flipped red." Texas Tribune [ [link removed] ]
Editorial: “Dallas voters send City Hall a message with passage of Props S and U,” via Dallas Morning News — “The warnings and the high-profile campaign against the so-called Dallas Hero propositions mattered little in the end. Two of the three propositions — Proposition S that gives any Dallas resident license to sue the city and Proposition U that unrealistically mandates the hiring of hundreds more police officers — passed.
These two charter amendments and a third one that would have tied the city manager’s pay to the results of a citizen survey ended up on the ballot thanks to a deceptive campaign by the activist group Dallas Hero. The group prevailed despite being significantly outspent by the Dallas political establishment, which opposed the amendments.
What does this say about Dallas?
We stand by our conclusions that the amendments will be disastrous [ [link removed] ] for City Hall, and we suspect that a majority of voters would have rejected them had the implications been apparent. Confusion and ignorance played a role in Dallas Hero’s victories. As our colleague Sharon Grigsby reported, some Dallas voters knew little to nothing [ [link removed] ] about the charter amendments and went with their gut. Who doesn’t want more police officers, or for the little guy to prevail over bureaucrats when City Hall drops the ball?
What the ballot language doesn’t say is that the city could be sued into bankruptcy by giving up its governmental immunity [ [link removed] ] to lawsuits. What the ballot couldn’t explain is that Dallas can’t at once recruit the 800 to 900 additional police officers to get to the 4,000 cops that will now be required under city charter. To budget for that many officers, the city will have to siphon money out of other things that matter to residents, such as parks and streets.
Disappointing as the results are, this election should be a splash of cold water for the City Council and city management. Whether voters made an informed decision to back the Dallas Hero charter amendments or whether they chose on the spot, they are telling us that a majority are unhappy with City Hall and worried about public safety generally.
Dallas can’t rest on the laurels of a successful plan to reduce violent crime when its police and fire pension mess — a self-inflicted wound that doesn’t help recruiting — is still in the news. Many Dallasites don’t feel a sense of order when they walk out the door, whether it be drivers speeding with impunity or homeless camps all around. Some reasonably feel frustration about having to report a crime, even a minor one, online instead of talking to someone in person or on the phone.
Voters passed propositions S and U with 55% and 51% of the vote, respectively. Even more voters, about 57%, rejected a charter amendment initiated by council members to raise their salaries.
All but two of the 18 Dallas propositions passed, though with differing margins, showing that voters wrestled with some of the issues presented.
Dallasites’ justified dissatisfaction with City Hall made them vulnerable to trickery. But even if voters were misdirected about the solutions, city leaders are the ones who need to look in the mirror." DMN [ [link removed] ] ($)
#TXLEGE
“Texas Legislature will approve school vouchers and boost public education funds next year, Abbott says,” Texas Tribune's Jaden Edison — “After a wave of Texas Republicans dominated the ballot box on Election Day, Gov. Greg Abbott expressed confidence Wednesday that he now has enough votes in the Texas House to pass a school voucher program, his top legislative priority since last year.
The governor shared his optimism during a visit to Kingdom Life Academy, a small Christian private school in Tyler, where he proclaimed that the House now has 79 “hardcore school choice proponents,” a number slightly above the simple majority the 150-member chamber needs to approve legislation.
During the same visit, Abbott also said he was committed to fully funding Texas’ public schools, providing teachers with pay raises and enhancing career training opportunities for students — all of which he refused to do last year when vouchers stalled in the Texas Legislature.
Last year, House lawmakers voted 84-63 [ [link removed] ] to strip from a massive education funding bill a provision to establish education savings accounts [ [link removed] ], a voucher-like program that would have offered parents tax dollars to pay for their child’s private schooling and other educational expenses. Twenty-one Republicans, most of whom represented rural school districts, joined all House Democrats to oppose the legislation over fears that such a proposal would undercut the funding public schools rely upon.
Abbott vowed to use the March primary election cycle to campaign against the rural Republicans who helped block his plan. He did so with the support of people like Pennsylvania billionaire Jeff Yass, who have sought to use their money and influence to back school voucher proponents across the country [ [link removed] ].
Abbott’s reluctance to fully fund public education last legislative session — even with a record $32 billion budget surplus [ [link removed] ] — caused many public school districts to enter this school year with multimillion-dollar deficit budgets while also tussling with rising costs of living, expiring federal pandemic relief dollars [ [link removed] ] and insufficiently funded legislative mandates to improve school security [ [link removed] ].
But after at least 11 of the 15 pro-voucher candidates he endorsed earlier this year cruised to victory in Tuesday night’s general election, Abbott said both addressing public schools’ funding needs and passing school voucher legislation to his liking would happen during next year’s legislative session.
“They make it sound like you can't have both school choice and robust public schools,” Abbott said. “That's completely false. The reality is we can have the best public schools in America and also have school choice at the very same time. It does not have to be one or the other, and it's wrong to pit one against the other.”" Texas Tribune [ [link removed] ]
“After election, Texas House speaker race remains up for grabs,” Texas Tribune's James Barragan — “The membership of the Texas House is finally set after Tuesday’s general election — but the future of the chamber’s leadership remains a mystery.
On Thursday, the jostling to hold the speaker’s gavel resumed with insurgent candidate Rep. David Cook, R-Mansfield, saying incumbent Speaker Dade Phelan does not have enough support from House Republicans to win.
“We cannot continue to govern effectively without the Republican majority selecting our Speaker,” Cook wrote in the letter. “It is clear with my list of supporters that the current speaker cannot win an endorsement of the Republican Caucus.”
The House GOP Caucus will meet in a month to endorse its nominee for speaker. The speaker presides over the processes in the House and appoints members to leadership positions. Bills often live or die on whether the speaker supports them, or the lawmaker who has authored them.
In September, Cook became the consensus candidate [ [link removed] ] of House Republicans who want to oust Phelan because they believe he is too liberal. Cook published a list of 48 supporters who had pledged to vote for him in January.
It takes only 76 votes – a simple majority of the 150-member chamber – to become speaker. But the House Republican Caucus rules require that all members vote for the caucus’ endorsed candidate. To garner that endorsement, a candidate must receive three-fifths of the group’s support. Neither Cook nor Phelan have shown they have that level of public support yet.
Since initially publishing his pledge list, Cook has dropped one supporter, Steve Kinard, who lost his bid for a Collin County seat to Democratic incumbent Mihaela Plesa. That puts his pledge list at 47. But the caucus has grown to 88 members after Republican victories on election day, putting the new threshold for a group endorsement at 53.
Phelan, a Beaumont Republican, has said that he continues to have the necessary votes to win the speaker’s gavel at the beginning of the legislative session.
"Rep. Cook does not have the necessary support to become the caucus nominee, let alone the Speaker of the House," Phelan said in a statement. "I have the votes to become Speaker of the House and look forward to leading another banner session that reflects the will of our state and its lawmakers.”
Given Cook’s pledges, however, Phelan’s presumed path to the speakership runs through a coalition of loyal Republicans and Democrats, a move that would likely bypass the GOP caucus rules. Phelan has not published a list of his supporters." Texas Tribune [ [link removed] ]
STATE GOVERNMENT
“Texas' highest criminal court orders new trial for death row inmate over judge's alleged antisemitic bias,” AP's Juan A. Lozano — “A Texas appeals court ordered a new trial Wednesday for a Jewish man on death row — who was part of a gang of prisoners that fatally shot a police officer in 2000 after escaping — because of antisemitic bias by the judge who presided over his case.
Lawyers for Randy Halprin have contended that former Judge Vickers Cunningham in Dallas used racial slurs and antisemitic language to refer to him and some of his co-defendants.
Halprin, 47, was among the group of inmates known as the "Texas 7," who escaped from a South Texas prison in December 2000 and then committed numerous robberies, including the one in which they shot 29-year-old Irving police officer Aubrey Hawkins 11 times, killing him.
By a vote of 6-3, the Texas Court of Criminal Appeals ordered that Halprin's conviction be overturned and that he be given a new trial after concluding that Cunningham was biased against him at the time of his trial because he is Jewish.
The appeals court found evidence showed that during his life, Cunningham repeated unsupported antisemitic narratives. When Cunningham became a judge, he continued to use derogatory language about Jewish people outside the courtroom "with 'great hatred, (and) disgust' and increasing intensity as the years passed," the court said.
It also said that during Halprin's trial, Cunningham made offensive antisemitic remarks outside the courtroom about Halprin in particular and Jews in general.
"The uncontradicted evidence supports a finding that Cunningham formed an opinion about Halprin that derived from an extrajudicial factor — Cunningham's poisonous antisemitism," the appeals court wrote in its ruling.
The court previously halted Halprin's execution in 2019.
"Today, the Court of Criminal Appeals took a step towards broader trust in the criminal law by throwing out a hopelessly tainted death judgment handed down by a bigoted and biased judge," Tivon Schardl, one of Halprin's attorneys, said in a statement. "It also reminded Texans that religious bigotry has no place in our courts."
The order for a new trial came after state District Judge Lela Mays in Dallas said in a December 2022 ruling that Cunningham did not or could not curb the influence of his antisemitic bias in his judicial decision-making during the trial.
Mays wrote that Cunningham used racist, homophobic and antisemitic slurs to refer to Halprin and the other escaped inmates.
Cunningham stepped down from the bench in 2005 and is now an attorney in private practice in Dallas. His office said Wednesday that he would not be commenting on Halprin's case." AP [ [link removed] ]
LOCAL GOVERNMENT
“HISD superintendent has no plans for change after $4.4B bond failure,” Houston Chronicle's Megan Menchaca -- “Houston ISD’s state-appointed Superintendent Mike Miles said he does not feel that the historic failure of the $4.4 billion school bond [ [link removed] ] is a referendum on his leadership of the state's largest school district.
Nearly 60% of Harris County voters rejected a school bond Tuesday [ [link removed] ] for the first time in nearly 30 years, after opponents launched a monthslong campaign to express their objections to the state takeover, Miles and the appointed Board of Managers by voting against the largest proposed school bond in state history.
Harris County voters have not rejected a school bond [ [link removed] ] since 1996, when the measure failed by slim margins due largely to low turnout and voters’ opposition to the proposed tax increase. HISD’s bond failure this year is the first time that Texas voters in any school district have rejected a proposed school bond measure exceeding $1 billion.
However, despite the election results, Miles said he has no plans to change course and remains confident that HISD is in a better place since he was appointed superintendent. He said he plans to continue his focus on improving academic outcomes for students while calling out people for spreading misinformation, especially t [ [link removed] ]he Houston Federation of Teachers.
“It’s not a referendum on me,” Miles said in an interview with the Chronicle Wednesday. “This district has done really well by me. The team and I have done right by our kids, and we're going to continue to do that.”
He said it was “pretty good” that 42% of voters supported the bond, noting more support came from the people who really needed facility improvements. According to data from the Harris County Clerk's Office, a higher percentage of voters in low-income areas supported the bond compared to higher-income neighborhoods, although their support was still largely mixed.
The Texas Education Agency appointed Miles and nine members of the Board of Managers in June 2023, replacing the elected board and superintendent after Wheatley High School’s academic performance triggered a state takeover [ [link removed] ] due to several consecutive failing annual accountability grades." Houston Chronicle [ [link removed] ] ($)
TEXANS IN DC
“Ted Cruz in line to chair powerful Senate Commerce Committee,” Houston Chronicle's James Osborne -- “After twelve years as a self-proclaimed Washington outsider, U.S. Sen Ted Cruz is fresh off a successful reelection campaign and on the cusp of taking over [ [link removed] ] one of the Senate's most coveted and powerful positions.
As ranking member on the Senate Commerce, Science and Transportation Committee, Cruz is in line to chair that committee after Republicans won control of the U.S. Senate earlier this week. That will give Cruz, one of the most divisive figures in U.S. politics [ [link removed] ], authority to litigate issues ranging from the rules around commercial space exploration to questions about whether to rein in the powerful tech industry and limit the pharmaceutical industry's ability to profit off prescription medication.
The very mandate of the committee, to oversee not only specific agencies and industries but "interstate commerce" itself, gives Cruz a near limitless platform to weigh in on the direction of U.S. business and potentially reconfigure American law, depending if Republicans are able to retain control of the House.
"Being the chairman of the commerce committee comes with an incredible amount of power," said Kevin DeGood, director of infrastructure policy at the Democrat-leaning Center for American Progress. "Their mandate is so wide, Sen. Cruz could hold hearings on almost ant topic he likes and use that to advance his own conservative agenda."
With Former President Donald Trump set to return to the White House, Cruz will be at the forefront of a Republican charge to roll back government regulations that American industry has long attack as stifling growth and innovation.
During his victory speech in Houston on Tuesday night, Cruz said he would return to the Senate "not just with a victory, but a mandate" to secure the U.S.-Mexico border, increase U.S. oil and gas production and to protect Americans' freedom.
"We must defend our God-given rights, not some of them, not most of them, but all of them," he said.
Cruz's ascendency comes at a time Congress is facing pressing questions on how to manage an American economy that has transformed since the turn of the century, with digital technology now an ever-present facet of modern life." Houston Chronicle [ [link removed] ] ($)
NEWS FROM AROUND THE STATE
> TX TRIB: "Republicans maintain majority on the Texas State Board of Education" TX TRIB [ [link removed] ]
> TX TRIB: "Texas Democrats underperformed yet again. Now what?" TX TRIB [ [link removed] ]
> TX TRIB: "Adam Hinojosa flips Texas Senate seat, becomes first Republican to represent Rio Grande Valley district since Reconstruction" TX TRIB [ [link removed] ]
> TX TRIB: "“Uncharted territory”: Trump’s anti-immigration plans could take center stage in Texas" TX TRIB [ [link removed] ]
> TX TRIB: "Texas voter turnout falls in 2024 election despite record registration numbers" TX TRIB [ [link removed] ]
> TX TRIB: "Trump’s near sweep of Texas border counties shows a shift to the right for Latino voters" TX TRIB [ [link removed] ]
> DMN: "What to know about Donald Trump border policies that could affect Texas" DMN [ [link removed] ]
> DMN: "Hispanic voters shift to the right, leaving Texas Democrats seeking answers" DMN [ [link removed] ]
> FWST: "More conservative House bodes well for TX school vouchers. Governor says he has the votes" FWST [ [link removed] ]
> DMN: "Texas likely to ease border security spending under Trump, Gov. Greg Abbott says" DMN [ [link removed] ]
> TX TRIB: "Republicans win Tarrant County, moving local government further to the right" TX TRIB [ [link removed] ]
> FWST: "‘Victory for marijuana decriminalization:’ Voters legalize pot. What it means for DFW" FWST [ [link removed] ]
> TX MONTHLY: "What Happened to Colin Allred?" TX MONTHLY [ [link removed] ]
> COMMUNITY IMPACT: "Texas’ highest courts remain all Republican following Nov. 5 elections" COMMUNITY IMPACT [ [link removed] ]
> HOU CHRON: "After hackers stole 38 GB of Houston Housing Authority data, security updated" HOU CHRON [ [link removed] ]
> SA REPORT: "Ready to Work will spend up to $32.5M on additional partners to serve more residents" SA REPORT [ [link removed] ]
> VALLEY CENTRAL: "Hurricane Rafael heading to Western Gulf of Mexico" VALLEY CENTRAL [ [link removed] ]
> TPR: "Breaking down the 2024 election results" TPR [ [link removed] ]
> THE TEXAN: "Dallas Residents Adopt Measure to Decriminalize Marijuana" THE TEXAN [ [link removed] ]
> THE TEXAN: "Voters Resoundingly Reject $4.4 Billion Bond for Houston Independent School District" THE TEXAN [ [link removed] ]
EXTRA POINTS
Last night's Texas sports scores:
> NBA: Houston 127, San Antonio 100
> NBA: Dallas 119, Chicago 99
> NCAAM: #15 Creighton 99, UT-RGV 86
> NCAAM: Texas Southern 100, Texas A&M-San Antonio 66
Tonight's Texas sports schedule:
> 7pm: NBA: Portland at San Antonio
> 7pm: NCAAM: Florida A&M at SMU
> 7pm: NHL: Chicago at Dallas
> 7:30pm: NCAAM: Wayland Baptist at North Texas
DALLAS COWBOYS: Cowlishaw: "Eagles' response to meltdown set them on a better path than Cowboys" DMN [ [link removed] ] ($)
TEXAS FOOTBALL: "No. 5 Texas back among SEC leaders as Longhorns set to host Florida Gators" AP [ [link removed] ]
TEXAS FOOTBALL: Golden: "How an SEC title would put Texas football in historic rarefied air" AAS [ [link removed] ] ($)
TEXAS TECH FOOTBALL: "No. 21 Colorado goes to Texas Tech with same mindset after moving up in Big 12 and Top 25" AP [ [link removed] ]
UNT FOOTBALL: "No. 18 Army puts 12-game winning streak on the line at North Texas" AP [ [link removed] ]
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