Hey there — Greg here with the latest edition of Regulated Discourse. Thanks for reading.

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Quotable

Thursday, November 9

Electric Regulators Depart. PUC Commissioner Will McAdams and Independent Market Monitor (a referee-type role for the electric markets) are both said to be stepping down. McAdams’ departure comes just a few months after former Chair Peter Lake departed this summer. It would leave the PUC with two vacant commissioner seats (until 2021, the PUC had only three seats).

It’s a Party. Amidst major riffs among Texas Republicans, Lt. Gov. Patrick announced his sponsorship of the 2024 State GOP Convention.

Per Diem Mea Culpa. The per diem issue I wrote about on Wednesday got a little traction. But I stand corrected in my calculation. In the second special session, the Legislature gaveled out Sine Die after 17 days when both chambers struck a deal on property taxes. My B! That’s what happens when lawyers do math. For a better read on this subject, go here.

Fourth Time’s a Charm? The Senate made quick work of Senate Bills 1, 2, 3, and 4. Not many huge differences from previous sessions. But notably, SB 4, the illegal entry bill, now has a new author this session in Sen. Charles Perry (R—Lubbock). Sen. Brian Birdwell has long championed the issue, but is adamant that provisions allowing for “disposition and deportation” are unconstitutional on their face.

During floor debate, Sen. Birdwell, who does not often break with the Senate Republican Caucus, recorded his dissent. Of course, even with such a logical and somber justification of his position, some in the GOP questioned Birdwell’s conservative credentials.

Whatever you think, we all owe him a major debt of gratitude this Veterans Day Weekend. If you haven’t heard his story on surviving the 9/11 attack on the Pentagon, I’d highly recommend it.

Texas Rangers Investigate Cheating in Houston. The real Texas Rangers were granted five new search warrants in their investigation of contract bid-rigging in Harris County.

Friday, November 10

TEXITCON or Texit Con? TEXITCON, a conference devoted to Texas secession, kicked off in Waco. Very ironically—and I have no idea if the timing was intentional—Rep. Jeff Leach filed a motion for Attorneys’ Fees against Morgan McComb, a noted TEXIT advocate who sued Rep. Leach for defamation earlier this year after Leach called the TEXIT movement “seditious treason.” Leach won the suit and is now seeking $90,000 in fees. And because Leach won the suit on a Motion to Dismiss, those fees are mandatory. Ouch.

Vaccine Ban Go Ahead. Gov. Abbott signed into law SB 7 (from the previous special session) which prohibits employers in Texas from mandating the COVID-19 vaccine.

Hidalgo Press Conference. Harris County Judge Lina Hidalgo held a press conference addressing the recent search warrants.

Saturday, November 11

No House Quorum. No quorum was present in the Texas House either Friday or Saturday. The House is scheduled to gavel back in on Monday at 6:00 p.m. Those breaking quorum are both Democrats and some Republicans against the school choice bill. It could be indicative of a larger frustration with continued special sessions. It was also Veterans Day, which is full of events back home.

Filing Day. Candidates could file for a place on the 2024 primary ballot in Texas. These forms are filed with the respective political parties. Here’s what that form looks like, and you can also see how much it costs to file for the many elected offices in Texas.

More Valuable than Gold. If you really want to nerd out on the 2024 elections, this document from the Texas Tribune’s Patrick Svietk is a Texas political treasure.

Bringing Order to Chaos: How I approach working in law and politics.

Seems like thing are getting increasingly chaotic.

Who are the good guys and bad guys? Is this a conservative or liberal policy? What will history say about this?

Answers to these questions used to be easier to come by. Not so much anymore. You have to work at it.

As the political and regulatory landscape becomes more complex, and especially as the 2024 election season gears up, I want to share what I think is a helpful framework in which to view both the legal and political systems.

I can’t remember who shared this with me. But I take zero credit. I’ve just adapted the concept for my own purposes.

Here it is:

We do not have a justice system in America; we have a legal system. While we have perhaps the best legal system the world has ever known that frequently results in justice, it doesn’t always.

The same is true of our political system. We do not have a liberty system, we have a political system. And while we have perhaps the greatest political system the world has ever known that frequently results in liberty, it doesn’t always.

It’s helpful because it highlights the work that must be done. You can’t just stick your issue into the system and expect it to spit out the result you want. You actually have to know and work the system.

This is what a good lawyer or lobbyist does. They bring order to chaos. They take on your issue as their own and then jump into the system for you.

They see a pile of LEGOs and know how to make something out of it.

Ok, TED talk complete. I’ll be back to the policy wonkiness on Wednesday!

Thanks for reading! If you’re enjoying this newsletter, the biggest compliment you could give me is to share it with one person who might find it useful.

Have a great week. See you again on Wednesday evening.

Greg

And P.S. This newsletter is a just a fun hobby. By day, I run Clearfork Strategies, where I tackle complex government and public affairs issues.

Nothing you read here should be taken as legal advice. Legal advice is different from legal information. If you have a specific legal problem, you should consult an attorney.