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FRIDAY || 11/8/24
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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)
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TOP NEWS   
“2 men accused of plotting to shoot at immigrants are convicted of attempting to kill federal agents,” AP's John Hanna — “Two men who co-founded a militia group have been convicted of attempting to murder federal agents ahead of a planned trip to the Texas-Mexico border to shoot at immigrants illegally crossing there and any federal agents who might try to stop them.
A jury at the U.S. District Court in the Missouri state capital of Jefferson City found Jonathan S. O’Dell, 34, of Warshaw, Missouri, and Bryan C. Perry, 39, of Clarksville, Tennessee, guilty of more than 30 felony counts each, the chief federal prosecutor for western Missouri, Teresa Moore, announced Friday. The convictions Thursday came after jurors deliberated for more than two hours.
O’Dell’s attorney, Jonathan Truesdale, declined comment, but Perry’s attorney, Thomas Kirsch, said his client plans to appeal the verdict. Kirsch said Perry is disappointed in the verdict but said he is grateful for jurors’ dedication and the opportunity to exercise “his fundamental right” of trial by jury.
“My client has a deep love and passion for our country and the values it stands for and what the Constitution stands for, including his right to a trial by jury,” Kirsch said.
A sentencing date for either man has not yet been set. They both face at least 10 years in prison, and possibly life.
Perry also pled guilty to three charges, including escaping from federal custody. Held for trial in a county jail in Rolla, Missouri, he escaped in September 2023 but was captured two days later and about 160 miles to the northwest, outside Kansas City, following a high-speed chase.
The two men formed the 2nd Amendment Militia and then in the summer and fall of 2022 tried recruit others to join them, prosecutors said. In September 2022, O’Dell’s home about 100 miles became a staging site as the two men collected firearms, ammunition, paramilitary gear and other supplies, according to the government’s evidence.
Prosecutors said Perry posted a TikTok video in September saying that their militia group was going to “go protect this country,” and another in early October saying the group would be “out huntin’.” Prosecutors said the two men viewed U.S. Border Patrol agents as traitors for allowing immigrants to cross into Texas.
The day before they planned to leave for Texas, an FBI team using an armored vehicle served a search warrant on O’Dell’s home, and prosecutors said Perry fired 11 rifle shots at them. O’Dell and his girlfriend surrendered, but after exiting the house, Perry fought with agents.
The charges against the two men also included using a firearm in a violent crime, illegal gun possession and damaging federal property. Perry couldn’t legally have a gun because in 2004, he pled guilty in Tennessee to a felony aggravated robbery charge and served about four years in prison, according to online records." AP [ [link removed] ]
   2024   
“Texas Democrats' longtime chairman steps down after big losses continue for the party,” AP's Valerie Gonzalez — “The longtime leader of the Texas Democratic Party announced his resignation Friday after another election cycle of lopsided defeats and voters making a dramatic swing toward the GOP on the heavily Hispanic southern border.
Gilberto Hinojosa, a native of the Rio Grande Valley, has served as the Texas Democratic Party chair since 2012. During that time, Democrats have not won any statewide offices and badly lost key races Tuesday.
All but two counties along the Texas-Mexico border, long considered Democratic strongholds, turned red [ [link removed] ]. It included Hidalgo and Cameron, the two most populous counties in the Rio Grande Valley. President-elect Donald Trump easily won Texas by 14 points, which was more than double his margin of victory in 2020 and a sign of eroding Democratic support.
Hinojosa said he would step down in March 2025.
“In the days and weeks to come, it is imperative that our Democratic leaders across the country reevaluate what is best for our party and embrace the next generation of leaders to take us through the next four years of Trump and win back seats up and down the ballot,” Hinojosa said.
His announcement also came just a day after issuing an apology over comments he made to Austin public radio station KUT after Tuesday’s election. “You could, for example, you can support transgender rights up and down all the categories where the issue comes up, or you can understand that there’s certain things that we just go too far on, that a big bulk of our population does not support,” Hinojosa told KUT [ [link removed] ].
Hinojosa later issued an apology on social media, saying that LGBTQ+ persons in Texas “deserve to feel seen, valued and safe in our state and our party.”" AP [ [link removed] ]
#TXLEGE   
“Lt. Gov. Dan Patrick names private school vouchers as his top legislative priority,” Texas Tribune's James Barragan — “Lt. Gov. Dan Patrick on Friday declared private school voucher legislation his number one issue for the legislative session beginning in January and called on Gov. Greg Abbott to declare it an emergency item.
“School choice is my top policy priority,” Patrick said in a statement. “Thirty-two states, both Republican and Democrat, have enacted some form of school choice legislation. There is absolutely no reason why Texas children and parents should be left behind.”
Patrick, who presides over the Texas Senate and exerts considerable influence over the legislative process, has reserved Senate Bill 2 for the yet-to-be-authored proposal, emphasizing the importance he’s placing on the measure. Senate Bill 1, he said, will be the state budget, the only bill the Legislature is legally required to pass every session.
“Texans across the political spectrum agree that parents must have options to choose the school that best fits the needs of their child to ensure their success,” Patrick added. “Voters have spoken clearly during the primary and general elections; the time for school choice in Texas is long overdue.”
School choice is a term frequently used to describe school vouchers, programs that use taxpayer money to help pay for students’ private schooling. During last year’s session, supporters pushed for a voucher-like program called education savings accounts [ [link removed] ], which would give public funds directly to families who opt out of the state’s public education system so they can pay for private school tuition and other education-related expenses.
Patrick called on Abbott to declare school vouchers an emergency item to allow lawmakers to get a head start on pushing the bill through the Legislature. By law, the Legislature cannot pass any bills within the first 60 days of the session unless the governor has deemed them emergency items.
“If Gov. Abbott names school choice an emergency item, the Senate will take up and pass school choice in the early weeks of session, instead of having to wait 60 days until March,” Patrick said.
Abbott has made school vouchers his top priority in the last two years and went to war with fellow Republicans in the House who joined Democrats to block school voucher legislation last session. He successfully ousted many of them and replaced them with Republicans who support the idea of using public funds to pay for education at private schools. Abbott now believes he has 79 “hardcore school choice proponents [ [link removed] ],” more than the simple majority required to pass a bill in the 150-member chamber." Texas Tribune [ [link removed] ]
Bryan Hughes guest column: “I wrote Texas' abortion law. It's clear about medical emergencies,” via Houston Chronicle -- “Recently, ProPublica published articles about two Texas women who died, allegedly because of Texas’ abortion ban. Josseli Barnica and Nevaeh Crain tragically passed away after doctors wrongfully denied care to them as they were miscarrying.
I’m the author of the Texas Heartbeat Law. And sadly, I believe that these articles were written with the goal of misrepresenting that law. Like every Texas abortion law dating all the way back to the 1800s, the Heartbeat Law provides a clear exception for medical emergencies. ProPublica claims that Texas’ abortion ban does not define “medical emergency,” leading the reader to believe that doctors have no guidance as to what the term means.
Yet the articles fail to tell the reader that the term was already defined in the Texas Health and Safety Code. The definition of a medical emergency was explicitly written in that code’s Chapter 171.002 (3) [ [link removed] ]:
"Medical emergency" means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.
When we drafted the Heartbeat Law, we did not want to risk confusing medical providers by changing the definition, so we kept the language that had been in Texas law for years — language that physicians and hospitals should be familiar with. Under Texas law, Mrs. Barnica and Ms. Crain were experiencing medical emergencies, and doctors should have intervened to save their lives.
In June, the Texas Medical Board even issued clarification that there is no "imminency" requirement [ [link removed] ] keeping physicians from doing what is medically necessary to prevent the risk of death or substantial impairment of a bodily function to the mother.
Thankfully, cases like these, in which the pregnant mother’s life is in jeopardy, are rare, but sadly, they do happen. And when they do, most Texas doctors treating these pregnant mothers do act to help their patients.
Records maintained by the Texas Health and Human Services Commission show that since the U.S. Supreme Court’s Dobbs decision overturning Roe v. Wade, doctors in Texas have performed 119 abortions to save the lives of mothers [ [link removed] ].
We don’t know why doctors treating Mrs. Barnica and Ms. Crain did not intervene. Sadly, the most likely explanation is that the hospitals and their doctors were afraid to treat the women because of articles like these published by ProPublica. Pro-abortion groups and their allies in the left-wing media have been relentless in their attempts to scare doctors, pregnant mothers and the general public into believing that Texas law prevents doctors from helping patients and saving lives.
We are thankful that most Texas doctors are getting this right. Clearly, however, more needs to be done to make sure that doctors and the hospitals know the law: When a mother’s life or major bodily function are in jeopardy, doctors are not only allowed to act, but they are legally required to act. The standard of care as well as their moral and ethical duty compel them to act. And contrary to what ProPublica would have us believe, Texas law does not prevent them from aiding their patients and saving their lives.
Texas Sen. Bryan Hughes represents District 1 in northeast Texas."  [ [link removed] ]Houston Chronicle [ [link removed] ] ($)
STATE GOVERNMENT   
“What happens if Trump calls on Texas officials go to Washington?” San Antonio Express-News' Jeremy Wallace — “Speculation is running rampant that President-elect Donald Trump could pick Texas Republicans, such as Gov. Greg Abbott or Attorney General Ken Paxton, for various roles in his next administration.
Much of those backroom discussions are hard to confirm, but what is certain is what the Texas Constitution says about potential vacancies if Trump starts calling up elected officials with whom he’s built a deep relationship with over the years.
The biggest name is Abbott, who Trump singled out earlier this year as a “spectacular man” who had “done a great job” in Texas. Trump said Abbott was one of the people he would consider for a running mate, though he ultimately picked Ohio Sen. J.D. Vance.
Abbott’s experience on border security issues and his past as Texas' attorney general could make him an option for all kinds of roles – if he wants it. Trump has more than 4,000 political appointments to fill.
Abbott has been pretty consistent in telling reporters that he wants to help Trump but from Texas. Abbott has already said he’ll run for re-election in 2026.
“I’m staying in Texas,” Abbott said at a press conference earlier this year.
If he changes his mind, the Texas Constitution is pretty clear about what happens next. Lt. Gov. Dan Patrick, who oversees the Texas Senate, would become the governor for the remainder of Abbott’s current term in office, said Brandon Rottinghaus, a University of Houston political science professor.
Texas has seen this play out before. On Dec. 21, 2000, then-Lt. Gov. Rick Perry became the state’s governor for the remainder of Gov. George W. Bush’s term after he went to the White House. 
Even if Abbott stays put, Patrick could get an offer to join Trump’s administration in some capacity. Not only was Patrick Trump’s campaign chair in Texas, but the two built a close relationship during Trump's first term in office as Patrick offered advice on immigration and border security issues.
Before Trump’s first televised national address from the Oval Office in 2019, the White House was in frequent communication with Patrick and flew him to D.C. to help craft the statistics-heavy speech about the border [ [link removed] ].
Like Abbott, Patrick consistently has shot down talk about going to Washington. On Friday he posted on the social media platform X that while he would be honored to serve in Trump’s Cabinet, he’s staying in Texas [ [link removed] ].
“My best opportunity to serve the people is right here,” Patrick wrote. “I love what I do.”
But if Patrick did leave his post to either replace Abbott or go to D.C., the state constitution temporarily gives the job to the Senate Pro Tem, which is selected by members of the Texas Senate before each session. In January, Sen. Brandon Creighton, R-Conroe, will be next in line for that post.
The assignment would be only be temporary, and give him the power to convene the Senate within 30 days so they can pick a replacement to serve as lieutenant governor until the next election in 2026. The law says they must choose from one of their members. In 2000, senators used a secret ballot to make Northeast Texas Republican Bill Ratliff, then the Senate Finance Chair, the leader after Perry moved up to the governor's office.
Texas Agriculture Commissioner Sid Miller and Texas Attorney General Ken Paxton are also showing up on short lists for potential jobs with Trump. If either leaves state government, the governor would have the power to choose a replacement until the next election in 2026.
Finally, Trump could come calling for a member of Congress like he has done before. U.S. Rep. Wesley Hunt, R-Houston, has been one of Trump’s most trusted surrogates, traveling to 15 states during the campaign season to advocate for his re-election.
If Trump did pick a member of Congress from Texas, whether Hunt or someone else, Abbott couldn’t pick a replacement, but would have the authority to set the special election for the open seat." San Antonio Express-News [ [link removed] ] ($)
“Rolling blackouts possible in Texas during severe winter storms,” Dallas Morning News' Philip Jankowski — “Texas power grid operator ERCOT’s “worst-case” models show Texas would have a nearly 50% chance of rolling blackouts if hit by winter weather on par with the storm that pummeled the state in December 2022.
The chance of rolling blackouts jumps to nearly 80% if the state experiences a more severe winter barrage on par with the February 2021 storms that caused widespread power outages and killed more than 200 Texans.
The scenarios were analyzed in a resource adequacy report [ [link removed] ] the grid operator published earlier this month.
The numbers are alarming but not surprising given the intensity of the two winter blasts, according to one energy expert.
The probabilistic model is not a forecast, ERCOT said.
Kristi Hobbs, ERCOT’s vice president of system planning and weatherization, said the report represents a “worst-case scenario.”
“You shouldn’t expect something like a Winter Storm Uri where [blackouts] went on for days,” Hobbs said, referring to the 2021 storm. “These would be shorter in duration.”
In 2021, many homes were without power for five consecutive days as the grid operator and local utilities struggled to meet power demands as temperatures remained below freezing.
ERCOT officials said the chance of rolling blackouts has decreased since the 2021 winter storm due to state-mandated power plant weatherization and programs that provide incentives for many power generators to keep backup fuel sources on site.
The modeling also doesn’t account for large industrial-level power users turning off the lights during times of intense electricity demand, ERCOT officials said. High energy prices likely would trigger many large-scale users to shut off power, but ERCOT said it models as if nearly all users kept operating, as required by state law." DMN [ [link removed] ] ($)
BUSINESS NEWS   
“American Airlines loses appeal in JetBlue alliance case,” via Reuters -- “A U.S. appeals court on Friday held that a trial judge correctly found that American Airlines’ now-scrapped U.S. Northeast partnership with JetBlue Airways [ [link removed] ] violated federal antitrust law.
Siding with the U.S. Department of Justice, the Boston-based 1st U.S. Circuit Court of Appeals affirmed a trial judge’s ruling blocking the airlines’ “Northeast Alliance,” which had allowed the two carriers to coordinate flights and pool revenue.
U.S. Circuit Judge William Kayatta, writing for a three-judge panel, said the trial judge had been “presented with an arrangement that had many of the essential attributes of an agreement between two powerful competitors sharing revenues and divvying up highly concentrated markets.”
He said the judge, Leo Sorokin, following a non-jury trial, had in May 2023 issued a ruling with “detailed findings of fact, many key ones of which were unfavorable to American,” and none of which were clearly wrongly legally analyzed.
American Airlines, JetBlue and the Justice Department did not immediately respond to requests for comment.
The alliance [ [link removed] ] was announced in July 2020 and approved by the U.S. Transportation Department just days before the end of Republican President-elect Donald Trump’s first administration in January 2021.
The new Trump administration is expected to be much more open to mergers and partnerships [ [link removed] ] than the outgoing administration of Democratic President Joe Biden, whose Justice Department sued to block the alliance in September 2021 along with six states.
Through their partnership, American, the nation’s largest airline, and JetBlue, the sixth-largest, joined forces for flights in and out of New York City and Boston, coordinating schedules and pooling revenue.
Following Sorokin’s ruling, JetBlue terminated the alliance, as it unsuccessfully sought to bolster its efforts to win approval for the now-dropped $3.8-billion purchase of Spirit Airlines, which the Justice Department also challenged.
American Airlines, though, pressed ahead with an appeal, saying the ruling would prevent the company from entering into any similar future arrangement, including with JetBlue." DMN [ [link removed] ] ($)
BIDEN ADMINISTRATION   
“Judge strikes down Biden administration program shielding immigrant spouses from deportation,” AP's Hannah Schoenbaum -- “A federal judge on Thursday struck down a Biden administration policy that aimed to ease a path to citizenship for some undocumented immigrants who are married to U.S. citizens.
The program, lauded as one of the biggest presidential actions to help immigrant families in years, allowed undocumented spouses and stepchildren [ [link removed] ] of U.S. citizens to apply for a green card without first having to leave the country.
The temporary relief from deportation brought a brief sense of security [ [link removed] ] to some 500,000 immigrants estimated to benefit from the program before Texas-based U.S. District Judge J. Campbell Barker put it on hold [ [link removed] ] in August, days after applicants filed their paperwork.
Barker ruled Thursday that the Biden administration had overstepped its authority by implementing the program and had stretched the legal interpretation of relevant immigration law “past its breaking point.”
The short-lived Biden administration initiative known as “Keeping Families Together” would have been unlikely to remain in place after Donald Trump took office in January. But its early termination creates greater uncertainty for immigrant families as many are bracing for Trump's return to the White House.
Trump's election victory this week sets the stage for a swift crackdown on undocumented individuals after the Republican ran on promises of “mass deportation.” [ [link removed] ] The president-elect energized his supporters on the campaign trail with a litany of anti-immigrant statements, including that immigrants were “poisoning the blood” of the nation.
During his first term, Trump appointed Barker as a judge in Tyler, which lies in the 5th U.S. Circuit Court of Appeals, a favored venue for advocates pushing conservative arguments.
Barker had placed the immigration initiative on hold after Texas and 15 other states, led by their Republican attorneys general, filed a legal challenge [ [link removed] ] accusing the executive branch of bypassing Congress to help immigrant families for “blatant political purposes.”
Republicans argued the initiative created costs for their states and could draw more migrants to the U.S.
The policy would have applied to people who have been living continuously in the U.S. for at least 10 years, do not pose a security threat and have utilized the existing legal authority known as “parole in place” that offers deportation protections.
Those married to a citizen by June 17, the day before the program was announced, could pay a $580 application fee and fill out a lengthy application explaining why they deserve humanitarian parole. If approved, applicants would have three years to seek permanent residency [ [link removed] ] and obtain work authorization.
It was not immediately clear Thursday whether anyone had received approval under the program, which only accepted applications for about a week before the judge placed it on hold.
Noncitizen spouses are already eligible for legal status but often have to apply from their home countries. The process typically includes a yearslong wait outside of the U.S., which can separate family members with different immigration statuses." AP [ [link removed] ]
NEWS FROM AROUND THE STATE   
 > TX MONTHLY: "How Trump’s Anti-Immigration Plans Could Take Center Stage in Texas" TX MONTHLY [ [link removed] ]
 > TX TRIB: "After election, Texas House speaker race remains up for grabs" TX TRIB [ [link removed] ]
 > TX TRIB: "How “wildly successful” anti-trans ads fired up Texas voters for Republicans" TX TRIB [ [link removed] ]
 > AP: "A Texas border county backed Democrats for generations. Trump won it decisively" AP [ [link removed] ]
 > FWST: "‘I’m ecstatic’: What a Donald Trump 2.0 presidency means for Texas’ biggest industries" FWST [ [link removed] ]
 > DMN: "Federal judge in Texas rules against Biden legalization program for immigrant spouses" DMN [ [link removed] ]
 > HOU CHRON: "Texas A&M invites companies to build new nuclear plants on its campus" HOU CHRON [ [link removed] ]
 > TX TRIB: "Trump’s promise to unravel Biden's climate policies could take years to fulfill" TX TRIB [ [link removed] ]
 > TPR: "Suspect accused of shootings in San Antonio and Austin ruled unfit to stand trial" TPR [ [link removed] ]
 > SAEN: "Judge rules Shane James, accused of deadly shooting rampage, incompetent" SAEN [ [link removed] ]
 > HOU CHRON: "17-year-old arrested on charges connected to Alief-area triple homicide" HOU CHRON [ [link removed] ]
 > DMN: "Racist text messages referencing slavery raise alarms in multiple states, prompt investigations" DMN [ [link removed] ]
 > FWST: "Colin Allred won Tarrant County, but Kamala Harris lost it. What exactly happened?" FWST [ [link removed] ]
 > MRT: "TxDOT's new initiative targets zero fatalities on Texas roads" MRT [ [link removed] ]
 > DMN: "Man to stand trial for deaths, dismemberment and burning of 3 people in Tarrant County" DMN [ [link removed] ]
 > VALLEY CENTRAL: "Election results show competitive races for future" VALLEY CENTRAL [ [link removed] ]
> MRT: "Matterhorn Express pipeline reaches record flows" MRT [ [link removed] ]
 > COMMUNITY IMPACT: "Austin, San Antonio, Houston Realtors to have access to nearly 60% of Texas real estate listings" COMMUNITY IMPACT [ [link removed] ]
 > TPR: "Breaking down the 2024 election results" TPR [ [link removed] ]
 > COMMUNITY IMPACT: "Lake Travis ISD responds to influx of threats, disruptions to school day" COMMUNITY IMPACT [ [link removed] ]
 > SA REPORT: "Husband of Olmos Park realtor Suzanne Clark Simpson charged with murder after her disappearance" SA REPORT [ [link removed] ]
EXTRA POINTS   
Last night's Texas sports scores:
 > NBA: San Antonio 118, Portland 105
 > NCAAM: SMU 102, Florida A&M 73
 > NHL: Dallas 3, Chicago 1
 > NCAAM: North Texas 80, Wayland Baptist 38
This weekend's Texas sports schedule:
 Fri
 > 6:30pm: NCAAM: Phoenix at Dallas (ESPN)
 > 7pm: NCAAM: Houston at Oklahoma City
 > 7pm: NCAAM: East Texas A&M at #13 Texas A&M (SEC)
 > 7pm: NCAAM: Houston Christian at #19 Texas (SEC)
 > 7pm: NCAAM: McMurry at Texas State (ESPN+)
 > 7pm: NCAAM: Florida Gulf Coast at TCU (ESPN+)
 > 7pm: NCAAM: Dallas Christian at Texas A&M-Corpus Christi (ESPN+)
 > 8pm: NCAAM: Northwestern State at Texas Tech (ESPN+)
Sat
 > 2pm: NHL: Dallas at Winnipeg (ESPN+)
 > 3pm: NCAAM: UTEP at Utah Valley (ESPN+)
 > 4pm: NBA: Utah at San Antonio (NBA TV)
 > 5pm: NCAAM: Louisiana Tech at UT-Arlington (ESPN+)
 > 6pm: NCAAM: Florida State at Rice (ESPN+)
 > 7pm: NCAAM: Sam Houston State at Tarleton State (ESPN+)
 > 8:30pm: NCAAM: #11 Auburn at #4 Houston (ESPNU)
 Sun
 > 1pm: NCAAM: Stephen F. Austin at Drake (ESPN+)
 > 2pm: NCAAM: Houston at Detroit
 > 2:30pm: NCAAM: Texas Southern at Georgia (SEC)
 > 6:30m: NCAAM: Champion Baptist at UT-RGV (ESPN+)
 > 7pm: NCAAM: Dallas at Denver
DALLAS COWBOYS: "Dallas Cowboys planning to place QB Dak Prescott on IR" DMN [ [link removed] ] ($)
HOUSTON TEXANS: "Houston Texans' Nico Collins returns to practice -- will he play?" Houston Chronicle [ [link removed] ] ($)
TEXAS FOOTBALL: "Texas football vs Florida Gators: Scouting report, prediction" AAS [ [link removed] ] ($)
TEXAS FOOTBALL: "Texas football coach Steve Sarkisian addresses offensive woes as team readies for Florida" AAS [ [link removed] ] ($)

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