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Archive for August, 2016

I’m a Texas Voter! ID? No Problem!

Texas legislation and subsequent court rulings have made it difficult to know what you need to vote.  The League of Women Voters has put together this quick video and we have also included additional information about what you need and what constitutes voter harassment around the voter id issue.  So check out the post below and vote in local, state and federal elections.  It’s your right!

Great news for Texas Voters!

New Procedures for Voting in Person All citizens wishing to vote must still be on the official list of registered voters. For the November 8th election, the deadline to register is October 11th.

Voters may still use one of seven (7) forms of photo ID, listed below. IDs may be expired up to four years. (Previously IDs could be expired no more than 60 days.)

  • Driver license
  • Texas Election Identification Certificate (EIC)
  • Texas Personal Identification Card issued by DPS
  • Texas license to carry a handgun issued by DPS
  • US military identification card containing the person’s photograph
  • US citizenship certificate containing the person’s photograph
  • US passport

ADDITIONALLY, new procedures allow registered voters without photo ID to sign a simple form* and present one of the following documents to vote a regular ballot:

  • Valid voter registration certificate (card)
  • Certified birth certificate
  • Current utility bill
  • Bank statement
  • Government check
  • Paycheck
  • Any other government document with the individual’s name and address
  • *The one-page form is called the “Voter’s Declaration of Reasonable Impediment or Difficulty”

Prohibition of Voter Harassment

  • Election officials cannot question a voter about the use of an ID type
  • Poll watchers may never question a voter about Voter ID issues

  • It was also made clear that the ID address does not have to match the voter registration address.

No Provisional Ballots

Voters who present one of the alternate documents and sign the declaration form “shall be permitted to vote a regular ballot.”

Other Provisions

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Mayor Adler speaking about the Austin Energy rate case settlement on Aug 25, 2016. Council Members Casar and Pool also spoke at the press conference focused on environmental aspects of the rate case. Photo by Dave Cortez.

As of yesterday afternoon, Austin Energy’s rate case officially concluded with a unanimous vote of the City Council.  The result – lower bills for everyone and commitments to address two key environmental objectives.  The utility agreed to develop a financial, legal and technical plan that will allow its portion of the coal-fired Fayette Power Project to retire at the end of 2022.  And the utility agreed to address the need for compensating commercial customers with solar installations for the energy they produce.  These commitments provide a path forward to transition away from burning coal and toward renewable energy.

The 2022 retirement date for Austin Energy’s portion of Fayette was established in the Austin Energy Resource, Generation and Climate Protection Plan to 2025, but a detailed implementation plan is still lacking.  The agreement that Public Citizen and Sierra Club struck with Austin Energy as part of the rate case gives the utility until June 2017 to present a plan to the City Council.  And in the meantime, $5 million will be earmarked in Austin Energy Contingency Reserve as part of the fiscal year (FY) 2017 budget to be used for repaying debt associated with Fayette.  What to do about the debt is expected to be a significant focus of the research Austin Energy will conduct between now and next June.  Austin Energy’s portion of Fayette is responsible for about 25% of Austin’s community-wide greenhouse gas emissions and about 80% of Austin Energy’s greenhouse gas emissions, making retiring the plant a top priority for meeting Austin’s climate goals.  Additionally, the economics of producing power from coal are looking worse all the time, so retiring the plant will ultimately benefit ratepayers, as well as the environment.

The exact details of how to compensate commercial customers with solar will also be decided in the coming months, but a commitment to address this current policy shortfall was part of the rate case agreement.  We will continue to advocate for expansion of the Value of Solar (VoS) tariff to commercial customers.  The VoS, which was pioneered by Austin Energy and first implemented in 2012, is used to calculate bill credits for residential customers with solar.  This formula-based method allows for a transparent examination of the benefits that local solar provides and is structured to be cost-neutral to the utility.  Currently, the VoS doesn’t apply to commercial customers, nor are most commercial customers eligible for net metering (a method of one for one crediting energy produced for energy used).  As incentives continue to be phased out, it becomes even more critical that Austin Energy have good long-term policies in place to fairly compensate customers.  The rate case agreement ensures that the issue of compensating commercial customers for energy produced will be addressed as part of the FY 2018 budget.

We are pleased that the Austin City Council also chose to make adjustments to the residential rates that weren’t detailed in the agreement between Austin Energy and the other parties in the rate case.  Austin Energy had proposed changes that would have raised rates for those who use the least electricity, while reducing them for those who use the most.  We advised the Council that such a change would be contrary to established goals for reducing energy use and would unfairly burden those who had invested in energy efficiency.  In the end, Council agreed and new rates were adopted that will result in reduced bills for all residential customers (rate reductions for commercial customers were already ensured).  The new rate go into effect at the start of January 2017.

Public Citizen’s Texas office worked in partnership with the Sierra Club’s Lone Star chapter for the past seven months to ensure that environmental priorities were reflected in Austin Energy’s rates and financial planning.  Thanks to the many Austinites, including city council members who supported our efforts.

 

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Win! In Precedent-Setting Case, Judge Finds Non-Disparagement Clause Unenforceable; Case Dismissed in Dallas Pet-Sitting Suit

Warning to Other Companies: Don’t Use Non-Disparagement Clauses to Silence Consumers
A Texas state court rightfully has dismissed a lawsuit against a Texas couple who was being sued for criticizing a Dallas pet-sitting business on Yelp. Public Citizen believes that this is the first case involving a non-disparagement clause in a consumer contract in which a court has held the clause unenforceable.

The judge for the 160th District Court of Dallas County dismissed both a libel claim and a non-disparagement clause claim and held that the couple – Robert and Michelle Duchouquette – would be awarded attorney fees as well as sanctions to deter future such lawsuits.

“Seeking to silence negative criticism, the owners of Prestigious Pets may well have put their whole company on the line,” said Paul Alan Levy, the Public Citizen attorney handling the case. “Not only did the company lose business when customers were disgusted over the non-disparagement lawsuit, it now is responsible to pay attorney fees and sanctions. This case should serve as a warning to other companies.”

The story began in October 2015, when the Duchouquettes hired Prestigious Pets to watch their two dogs and a fish while they were on vacation. After being dissatisfied with her experience with the company, Michelle wrote a one-star review on Yelp explaining that she didn’t like the fact that she could not reach the pet sitter directly when problems arose. She also wrote that the fish bowl water appeared cloudy, suggesting that the fish was overfed.

Prestigious Pets then brought a small claims lawsuit against the Duchouquettes, alleging that the review was defamatory and that the posting and subsequent statements to media violated a non-disparagement clause in the fine print of its standard contract. The couple filed an anti-SLAPP motion, seeking to have the suit dismissed because it chilled free speech while lacking a sound legal or factual basis. The company dismissed its small claims proceeding and sued in state district court alleging that the broader media attention resulting from the lawsuit had hurt the company’s business. The company also sought an award of up to one million dollars in damages.

Public Citizen entered the case on behalf of the couple, filing both an appeal from the implicit denial of the anti-SLAPP motion in small claims court and a new anti-SLAPP motion in the Texas district court. The appeal in the County Court, which seeks to recover the roughly $10,000 that the Duchouquettes had to spend for their private counsel in the small claims court, is still pending.

“I am thankful to have a ruling that supports our right to free speech. We should all have the opportunity to express our opinions without the fear of a lawsuit,” said Michelle Duchouquette. “We are so grateful for the attorneys who have supported us through the case. It took lots of hours and many smart minds spending too much time talking about Gordy the betta fish. Thank goodness they did not lose sight of the real issue: the threats posed by non-disparagement clauses to our right to free speech.”

Nicole Williams, Andrew Cookingham and Christopher Dachniwsky from the Dallas firm of Thompson and Knight are co-counsel.

Learn more about the case.

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Been wondering what all those Bernie supporters are going to do now that their “candidate” is no longer running for President?  Well they have now  announced the creation of a new organization whose mission will be to carry forth the ‘political revolution’ through the general election and beyond. The Bernie Sanders “campaign” has issued a call to action for those inspired by the historic primary challenge and a message aimed at its detractors: We’re not done yet.  The new organization will be called ‘Our Revolution.

Sanders will begin activating his grassroots supporters for enacting a longer-term vision.  Around the country supporters of the new movement will host house parties on August 24th as a way to begin fueling Our Revolution. The kick-off evening, will include “a major live stream address where Bernie will talk about the specifics of what we can do going forward to fight for every single issue that drove his campaign.

If you want to find a house party in your area, go to the map and put in your zip code.

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Sunset Commission Logo

Monday, August 22, 2016
House Appropriations Committee Room
Room E1.030, Capitol Extension
1400 Congress Avenue
Starting at 9:00 a.m.

This is not the Railroad Commission’s first rodeo.  It was punted in the 2011, 2013 and 2015 legislative sessions with a temporary re-authorization because the legislature failed to agree and pass a bill that would reauthorize the agency for another 12 years.  So once again this dysfunctional agency is in front of the Sunset Commissioners who must make recommendations about how the RRC should continue (and in case you were wondering – NO – the Railroad Commission does not regulate railroads.  Pipelines, oil and gas wells, and mines are among the things it oversees/rubber stamps.  And it does have some enforcement duties that don’t amount to much  So this is an agency that could use some serious changes, but unless the Texas legislature via the Sunset Commissioners know that the public is paying attention to what they do, they could just re-authorize the RRC for another 12 years with no significant changes.  This is where you come in.  Below is a description of the Sunset Advisory Commission and their process.  You can see the agenda for the August 22nd hearing here.

If you plan to testify, you will need to fill out a witness card upon your arrival at the Capitol in Room E1.030. We will have our internal sessions and refreshments in reserved rooms at the Capitol.  Parking is available in the Capitol Visitors Garage accessible on 12th or 13th Streets between Trinity and San Jacinto on the east side of the Capitol., please fill in the sheet here, so we can plan to accommodate everyone and for you to get information about the rooms we have reserved.  If you cannot come in person, there are other options (see below)

The Sunset Advisory Commission is an agency of the Texas Legislature that makes recommendations to the Legislature on whether to continue various state agencies.

The Commission was created in 1977 under the auspices of the Texas Sunset Act (now codified as Chapter 325 of the Texas Government Code).

The Commission consists of twelve members, ten of whom are legislators and the remaining two are members of the general public (see the current Commissioners below). The leader of each chamber of the Legislature (the Speaker of the Texas House of Representatives and the Lieutenant Governor of Texas, who presides over the Texas Senate) each appoint five legislators and one public member to serve on the Commission. The chair and vice-chair rotate annually between the two chambers. The Commission appoints a director, who hires staff to carry out agency duties.  (A list of the members is located at the bottom of this post)

Under the Act, every state agency (excluding universities, courts, and agencies mandated under the Texas Constitution) has a specific date on which it will automatically be abolished, unless the Legislature passes specific legislation continuing the agency’s existence. This issue came into play during the 2009 Legislative session, when the session adjourned without the Legislature providing for the continued existence of several agencies, thus requiring the Governor to call a special session.

Prior to the scheduled cessation date of an agency, the agency’s functions are scheduled for review by the Commission. Each agency provides to the Commission a Self-Evaluation Report; the Commission staff prepares its recommendations (coordinating with other state oversight agencies, such as the State Auditor’s Office and the Legislative Budget Board) and takes public comments. A final public hearing is held prior to the Commission making its final recommendations to the Legislature. The final recommendation can be any of the following:

  • Continue the agency as is
  • Continue the agency with modifications (including moving functions from the agency to other agencies, moving functions from other agencies into it, and most commonly, making improvements to the effectiveness and efficiency of an agency’s functions.)
  • Merge the agency with another agency
  • Disband the agency and either transfer its functions to other agencies, or abolish them altogether

If the Commission recommends continuation of the agency, it must provide draft legislation to continue the Agency and to make other recommendations. Generally, the legislation will allow the agency to continue for an additional 12 years (six biennial sessions), but may be shortened in order to equalize the number and size of agencies to be reviewed each biennium. Should an agency be abolished, the Act provides for a one-year wind-down period so the agency may conclude its operations. The Legislature must pass specific legislation to continue an agency’s existence and to define its roles and responsibilities, and has complete freedom to amend or reject the Commission’s recommendations (either to continue or abolish the agency).

The Sunset Process:

The Commission generally considers each agency under review during two public meetings.  About a month after release of a Sunset staff report, the Commission discusses the report’s recommendations and takes testimony from the public.   Any person is welcome to attend the public hearing and provide feedback on the staff recommendations or other issues relating to the agency.  For the Railroad Commission this hearing is August 22, 2016 at the capital.  Please note, however, testimony about individual cases or appeals is generally not allowed. The Sunset Commission cannot override an agency’s decisions.

At least a month after the public hearing, the Sunset Commission meets again to vote on its recommendations to the full Legislature about an agency. No additional public testimony is taken at this second meeting.  The Railroad Commission’s second meeting is scheduled for November 10th.  At this point the commissioners will issue their recommendations for any changes at the agency that will be considered in the reauthorizing legislation that needs to pass during the 85th legislative session, should the bill fail the agency is abolished but may continue business for up to one year.  Should no reauthorizing legislation pass, there is an omnibus bill that will allow an agency to undergo the sunset process during the next interim session, but the Railroad Commission’s reauthorizing process was already delayed last session.

Public participation is the cornerstone of the Sunset process.  It is how Sunset staff gains the broad perspective needed to conduct its review of state agencies and programs.  It is how the Sunset Commission receives feedback about the Sunset staff review and hears new ideas and issues beyond what staff has presented.  Ultimately, it is how the public itself can be assured of a say on fundamental matters affecting state agencies.

The public may participate in the Sunset process at this point by:

Giving feedback directly to the Sunset Commission.

After the Sunset staff report has been issued, the Sunset Commission conducts a public hearing to receive feedback on the staff’s work.  Interested persons may provide feedback in writing or by testifying at the hearing.  Because of the public nature of the proceeding, feedback received at this stage is public and will generally be placed on the Sunset Commission’s website for the public to see.  To be most effective, this feedback should be short and to the point and clearly indicate support, opposition, or changes to recommendations.  One may also present any new issues or solutions that were not raised in the Sunset staff report.  Sunset staff compiles this feedback to help the Sunset Commission make decisions about an agency.

If you cannot attend but want to submit written testimony, you can use the Public Input Form and watch a live stream of the hearing. or you can go to Public Citizen’s Action form with pre-written testimony.  Once you take action here  you will both automatically receive an email about the hearing and will be directed to the page to sign up to attend the hearing

If the reason you cannot attend is because they happened to schedule this hearing on the same day school starts in your area, be sure to mention this in your written testimony.

Sunset Commission Members

The Commission has five Senators, five Representatives, and two members of the public, appointed by the Lieutenant Governor and the Speaker of the House.  The position of chair rotates between the House and the Senate every two years.

Senate Members House Members
Van Taylor
Vice Chair
2015 to 2019
Plano
Larry Gonzales
Chair
2013 to 2017
Round Rock
Juan “Chuy” Hinojosa

2013 to 2017
McAllen

Cindy Burkett

2013 to 2017
Sunnyvale

Robert Nichols

2015 to 2017
Jacksonville

Dan Flynn

2015 to 2019
Van

Charles Schwertner

2013 to 2017
Georgetown

Richard Peña Raymond

2013 to 2017
Laredo

Kirk Watson

2015 to 2019
Austin

Senfronia Thompson

2015 to 2019
Houston

LTC (Ret.) Allen B. West
Public Member
2015 to 2017
William Meadows
Public Member
2015 to 2017

 

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WCS Radioactive

Looks like a safe way to store radioactive waste from nuclear power plants. :j

As it decides what constitutes community consent to a nuclear waste dump, the U.S. Department of Energy (DOE) should acknowledge its past mistakes, be responsive to public input and disavow attempts by the private sector to site a nuclear waste storage facility in Texas, Public Citizen has told the agency.

Public Citizen submitted its comments (PDF) on Sunday in response to the agency’s invitation for public input on how it should go about establishing sites for high-level nuclear waste facilities.

Over the past six months, the department has been holding public hearings across the country to solicit public input on and move forward consent-based siting, a new approach to siting nuclear waste storage and disposal facilities.

The concept of consent-based siting, part of recommendations made in 2012 by the Obama administration’s Blue Ribbon Commission on America’s Nuclear Future, reportedly has enjoyed success in other countries pursuing nuclear waste disposal. It has been touted as a potential antidote to the four decades of failed nuclear waste policy in the U.S. and has been embraced by the Department of Energy (DOE).

But the success of this process and its aim to reset the federal radioactive waste program is already jeopardized. While the DOE is deciding what constitutes consent, an application for a new, high-level radioactive waste dump in Andrews County, Texas, is moving through the process at the U.S. Nuclear Regulatory Commission at breakneck speed. Waste Control Specialists (WCS), which now operates a low-level radioactive waste dump there, wants to expand. Its plan would involve more than 10,000 shipments of radioactive waste generated across much of the United States over 20 or more years.

“This proposal for ‘interim storage’ in Texas is putting the cart before the horse and is clearly at cross purposes with the DOE’s effort to develop a new approach that is safe, adaptive, staged and aimed at achieving state and community consent for storing our country’s lethal nuclear waste,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “While the Blue Ribbon Commission and Energy Secretary Ernest Moniz tout Texas and New Mexico as communities that might want this waste, the DOE has failed to even hold hearings in the targeted West Texas community to ascertain what the citizens think would constitute consent. This blatant omission further erodes public trust in the DOE and could derail its new approach before it even begins. To correct course, the agency should publicly oppose WCS’ proposal as premature.”

The DOE has an opportunity to overhaul an agency culture that has systematically disregarded the public and failed to meet its commitments. But it is already wasting it. Acknowledging its past and present shortcomings – including failing the people of Andrews County – and taking steps to correct its mistakes are the first step to saving consent-based siting from becoming another blot on the DOE’s record.

Click here to view Public Citizen’s recommendations.

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