Sunday, August 31, 2014

The "La" is clearly an attempt to garner the Hispanic vote, and it may cost her, her place on the ballot.
BISD records has her name as Shirley A. Bowman, and the last time she ran she ran as Shirley Ann Bowman.  That was 2 years ago.  The 2 years is important here to understand the Rule.
My sources are telling me she claimed the "La" is a nickname.  It is not so simple.  Section 52.031 provides as follows:
"c) A nickname of one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate's name -  ...  A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection. -
Two years ago when she ran she made no reference to her nickname of "La"
So the law requires she be known by this nickname for three years preceding the election, and that she execute an affidavit verifying same.
Section 141.032 of the election code provides as follows:
"(d)  A determination under this section that an application
complies with the applicable requirements does not preclude a
subsequent determination that the application does not comply,
subject to Section 141.034.

 (e)  If an application does not comply with the applicable
requirements, the authority shall reject the application and
immediately deliver to the candidate written notice of the reason
for the rejection."
Key in this language is anytime the day before early voting [separate section referencing early voting § 141.0034] the application can be determined to not be in compliance.
Second, if the application is not in compliance BISD must reject the application.
So here is the key, if Shirley Ann Bowman did not execute an affidavit, BISD's only choice is to reject her application - this means taking her name off of the ballot.
But if she did execute an affidavit, it can be challenged to force her to produce evidence she has been known by this nickname for at least three years before the election.  If she cannot produce the evidence her name is to be removed from the ballot, and BISD should then file a criminal complaint alleging felony perjury.
This battle belongs to Joe Rod and Mary Rey. 
My sources are telling me that while teaching at Cummings her students referred to her as "La Bowman."  If this can be verified, it will come down to whether or not she signed a proper affidavit.  If she did not then her name must be removed from the ballot.

BUT THE FACT REMAINS - :Last time around 2 years ago she saw no reason to use the "la Bowman."  It is fair to say she is using it now to influence the Hispanic community to vote for her.

The other question is, if only her students referred to her as "La Bowman," given the fact she has not taught for two years then she may not be able to meet the three year requirement.

I am 100% confident if her name remains on the ballot, the community will not be dumb enough to play the game.  Her opponents will be able to use her deception as a character issue.

An internet search shows Will Ripley is currently the CNN correspondent assigned to Tokyo.  After leaving the LRGV, he headed for Denver, where his work was recognized by CNN.

Will proves we have good journalists in the LRGV, but bad publishers and editors.  I know of two journalists at the Herald who are very good.  They know how to get the information and ask the right questions - the problem is the Herald will never allow their complete stories to be published.  I hope both will be able to move up and succeed.  It is sad we have them working for the community, but their editor and publisher will never allow them to do their job.

Click for Will Ripley in North Korea for CNN


While I much prefer to go barefoot or with flip flops.  Sometimes the pain is too great and I have to wear my New Balance sneakers. Within 5 minutes all of the pain is gone.

Joe Scarborough of MSNBC's "Morning Joe" one morning said after years of doctors not being able to help him with his back pain, a friend told him to get a good pair of sneakers.  As they say the rest is history.

That was over a year ago.  I then set off to study the issue as to which sneaker is best.  This is when I discovered New Balance.  I have been wearing them for over a year, and they work.  Five minutes with the sneakers on, and the pain subsides and then goes away.

I bought mine at JCP

Saturday, August 30, 2014


From Montoya, Garcia's hired pathological liar

""This (the Magallanes $30,000 loan) came a few months after a Cameron County jury awarded Magallanes nothing, zero. Limas then on his own awarded Magallanes $195,000 in damages and $50,000 in attorney's fees..."

 The case (2004-10-5058) was styled Bob Torres Properties vs. Southern Stone Properties, according to Salazar, who commented on Magallanes; opponent Oscar X. Garcia's FB page that "this was not a loan. This was a payback for ignoring a jury's verdict."

First and foremost the practice of loaning money or doing business with judges is standard in Texas among both Republicans and Democrats.  It is an unfortunate practice which should be stopped - but since the lawyers dominate the state legislature and they are the ones doing business with the judges, they have no interest in changing the law.


"Limas then on his own awarded "  100% False - I have copied the docket sheet, and it shows a Motion Not Withstanding the Verdict was filed on June 14, 2006.  LIMAS DID NOT ACT ON HIS OWN AS THE LIAR OSCAR X. GARCIA CLAIMS

06/14/2006  Document Filed


HOWEVER - Oscar X. Garcia and Montoya fail to tell you, the Court of Appeals and the law - not that the law matters to Oscar X. Garcia, says Judge Limas was correct in issuing the Judgment Notwithstanding the Verdict. 

The Law as to the Statute of Frauds is so basic, one must wonder if Judge Oscar X. Garcia is just incompetent or devoid of even the semblance of integrity and honor.

Click for Opinion

Click for Denial of Appeal by Texas Supreme Court

In reading the docket notes from the Texas Supreme Court you will see Baltazar Salazar did not even know enough to send the entire Court of Appeals Opinion to the Court, and in  fact had to be called multiple times to get him to comply with the Court Order.

Maybe what we really have here is an unethical Baltazar Salazar misrepresenting the law to his client so he could fraudulently bill him.  In the process it seems to me we also have Baltazar Salazar misrepresenting the law to the court.  Is this not exactly what Montoya accused Salazar of [AFTER Lucy's Longoria's check cleared] in the Expungement case?

Within the first week of law school you learn about the Statute of Frauds. Judge Oscar x. Garcia, through his conduct is telling you he will not respect the decisions of the appellate courts or enforce the Statute of Frauds. We call this radical judicial activism. Is this who you want as a judge?


Montoya is so driven to lie and deceive based on the size of the check, without any regard as to the impact on the community or our children, with one check from Lucy Longoria he argues Baltazar Salazar is an unethical lawyer, being sued by Lucy by the way, but based on another check from Oscar X. Garcia a brilliant lawyer who is a victim of Juan Magallanes and Abel Limas.


Canon 5

(1)     A judge or judicial candidate shall not:
(i)     make pledges or promises of conduct in office regarding pending or impending cases, specific classes of cases, specific classes of litigants, or specific propositions of law that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge;
 (ii)     knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent; or
(iii)     make a statement that would violate Canon 3B(10).
(2)     A judge or judicial candidate shall not authorize the public use of his or her name endorsing another candidate for any public office, except that either may indicate support for a political party. A judge or judicial candidate may attend political events and express his or her views on political matters in accord with this Canon and Canon 3B(10).

Click  for Canons

What Canon 5 clearly shows is, it is a violation of the Rules of Professional Conduct for a Judge to "(ii)     knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent; or"

Oscar X. Garcia knows the Statute of Frauds - he knows the Court of Appeals on an issue of basic law affirmed Judge Limas decision, and the Texas Supreme Court refused to reverse the Court of Appeals,  but he nonetheless knowing and recklessly misrepresents his opponent's ethics in regards to the case.

This one along with his misrepresentation about Judges attending political events is being added to the Ethics Complaint I have already been working on.


I have seen a lot of Judicial Campaigns in my life - but this one takes the cake.  Oscar X. Garcia has shown an extraordinary contempt for the Rules of Ethics and Law.  I cannot believe a judge so openly would show this level of contempt for the Rules of Ethics and Law - normally it is done behind closed doors.


Thursday, August 28, 2014


I have held this story for months until I felt confident the deal was done.  I know this town, the vulture politicians who were not party to this will be mad and seek to destroy it.

Just because the City and the BISD all too often get everything wrong, does not mean they cannot get some things right.  As to yesterday's post on BISD, while the person I spoke with to solve the problem was 100% on board those ordered to fix the problem were anything but caring about the problem.  It would not surprise me if on Friday the entire thing explodes.  There are people at Pace who are going to fight tooth and nail to keep the right thing from happening.  If anyone at Pace so much as says Boo the father has directed me to take the matter directly to the TEA.

The city of Brownsville and BISD have agreed to move all truancy cases to municipal court.  Truancy has become a mine field for school districts - especially when dealing with special needs children.  There are significant constitutional issues which require the judge to be a lawyer.  Given the current national trend in this area of law, there is no doubt in my mind BISD being sued over its truancy policies is simply a formality.

The City of Brownsville and the BISD have chosen to be proactive and instead of waiting for the courts to intervene have chosen to move all truancy and minor juvenile crimes to municipal court.  It is my understanding the deal has been cut and we are just waiting for the final agreement between the City of Brownsville and the BISD to be approved.  But the deal is done.  Sources within the city have told me the municipal courts are ready to receive the cases.  It is just a matter of the BISD making the transition, and some funding, which is very minor.

The BV has done several stories on the issue of truancy and BISD special needs children.  The BV has specifically referenced the lawsuits challenging the constitutionality of the current process.  It is not enough to have a special court.  The city will fail at this endeavor if it fails to insure its judges are current on all of the constitutional issues.

The first complaint is already proceeding in Texas.

"On behalf of seven Dallas-area students, Texas Appleseed, Disability Rights Texas and the National Center for Youth Law will ask the Justice Department to declare that the court’s process of prosecuting truancy as a crime is unconstitutional. In the complaint, the groups argue that prosecuting the youths in adult court where they don't have lawyers is “cruel and unusual punishment.” They also allege that the four school districts — Dallas, Mesquite, Garland and Richardson — that use the specialty court have “inconsistent and inflexible” attendance policies that violate the civil rights of students with disabilities, those who are pregnant and those whose first language is not English."

Click for Article

"Rhode Island wants its kids to stay in school. Or else. The American Civil Liberties Union filed a lawsuit on Monday charging that the state’s anti-truancy policy not only ignores children’s legitimate reasons for not attending school, but subjects them and their families to intimidation, humiliation, and severe legal penalties"

Click for Article

See ACLU Press Release

Sources within BISD and the City requested that I hold this story until the ink is dry on the agreement out of fear certain political forces will try and stop this great leap forward for our children.

I chose to move forward because [1] it is my understanding the city is 100% on board, and so to is BISD.  But, word has seeped out and I am becoming concerned with efforts to stop this move forward for our children.  There are politicos who will stop at nothing to protect their interests - even if it means to the detriment of the children.  They will be called out by name, if their efforts continue.

I hope by going public with this great agreement between the city and the BISD the people will see it as a great accomplishment for our children and block the efforts to stop this agreement.

We finally have something good for the children and in particular special needs children and we need to protect it.


In the past I have been protective of Rose Longoria because I knew some of the claims concerning test cheating were false in that I was with her when people were claiming she was changing test answers.  But now I am done.

Rose Longoria is so incompetent she does not know better than to send a parent who has already lost all confidence in her on not one but two wild goose chases. She appears to be claiming now no one on her staff can pick up the phone and ask Hanna to send over a student's file.  Hanna of course claims they will not release the file until requested by Pace.  Carl Montoya of course does nothing because forcing protected principals to do their job is beyond his skill set as the puppet of the current majority which keeps him in place so long as he plays along.

As to Luci Longoria complaining about this - no one is buying - she is one of the four who put Montoya as the superintendent without any search for a competent superintendent.  But then at the time Carl Montoya agreed to allow Luci, Escobedo, Cata, and Saavedra to run the school district while he was their puppet.

The complete story after I finish my initial story on the judges.


Well this post got action.  I am not going to discuss the nature of the call.  Actually, mostly because it was very professional and I do not want anyone attacking this person for working with me.  All Carl Montoya needs to know is, I was very, very impressed and happy.

We were both on the same page as to the mistakes and we both agreed on the best solution.  It was a very easy conversation.

So because of the extraordinary professionalism shown by this person - this story is now done.  The solution is in action.

The only thing more pathetic than Oscar X. Garcia paying Montoya to falsely accuse all of his fellow judges of unethical conduct is, these judges attending a fundraiser for a Democrat, when in reality none of them are Democrats. The entire lot are a bunch of liars who use the false label of Democrat to gain power and prestige.
Oscar X. Garcia has reached the point of being the lone child on the playground calling out to his mother, "How come no one likes me mommy?"  "Well my little weasel of a son, you just accused all of your peers of wrongdoing, what do you expect?"
Oscar X. Garcia, under the guidance of integrity and honor had this election won, but he panicked and chose instead to go with dishonor.
I have to take care of something - I hope to be back by 9:30 a.m.
The conspiracy by the faux Democrats to destroy workers rights in Cameron county, and the fortune in your tax dollars with Carlos Cascos heading the battle to destroy civil service.  You union people through your bogus endorsements are getting what you deserve - nothing.
Oscar X. Garcia claims to fight corruption - proof none - there is no evidence he ever filed any complaints against anyone as a lawyer while all of the corruption was happening - he just sat quiet and did nothing.
If he believes the Democratic judges of Cameron county are violating the Rules of Ethics instead of paying a pathological liar to spin the facts, what he should do is actually fight the alleged unethical conduct by filing a formal complaint.  He will not because he is a con artist.
To get to the issue of a Judge impermissibly allowing their name to be used for a fundraiser, Montoya uses old ethics opinions before the case of now Texas Supreme Court Justice Nathen Hecht.  The appellate court having found the rules unconstitutional as violating Free Speech, caused the Rules and interpretation of the Rules to be changed.  This should tell you about Judge Oscar X. Garcia's skills in legal research.
Ah, the case of Judge Ben Neece who allowed his name to be used in a fundraiser to benefit Montoya.  If there is a strong opinion which lends support to Judge Oscar X. Garcia's it is the opinion involving Ben Neece.
There is no question in my mind at a minimum the judges are on the line.  They will argue under the Nathen Hecht opinion they cannot control if others seek to honor them.  Judges are honored at events all of the time.  But I think we all know it is really just a back door way to raise money.
The burden is on Oscar X. Garcia to show the judges being honored have taken no action to stop what is happening.  If he can show this he may have something.  But maybe because he cannot show this is why he has not filed a complaint.
I have no issue with a complaint - I think there is a good question.  But when a judge such as an attorney uses the blogs to argue a case instead of following proper procedure by filing a complaint, we have an ethics issue which merits investigation.  Personally I think Garcia should file on the judges, and the judges should file on Garcia for using a paid for ad on a blog instead of using the proper procedure of filing a complaint.

It started with the court bailiffs, and is now heading for a frontal attack on the staff in the JP courts, so that Mary Esther Garcia, and Johnathan Gracia can give their compadres the jobs currently held by employees under the civil service system. The sad part is the so called pro labor Democratic Party in Cameron county is the one leading the battle to take away workers rights.

Years back the Democratic Judges of Cameron county decided that the bailiffs are not entitled to Civil Service protection.  Here is the deal.  The corrupt judges of Cameron county need to know they have bailiffs they can trust to do their dirty work.  Do you believe Abel Limas's bailiff never once saw anything he found suspect? Hardly.

By denying the court bailiffs Civil Service protection the judges can fire the bailiffs without cause if they refuse to do the judge's dirty work.  The bailiffs are there to preserve the peace and enforce the laws, not to be the judges  boy toys and carry out their illegal orders by banning reporters from the courtroom.  The bailiffs know they are being told to ignore the law, but they have no choice.  If a bailiff refuses to do as he/she is told - they can be fired without cause.  So the bailiffs ignore the law as a necessary evil to keeping their jobs.


The case of Victor Tamayo has already been to the court of appeals wherein Cameron County took a hit with the court of appeals reinstating the lawsuit after the initial trial judge dismissed the lawsuit, for want of jurisdiction.  The county responded to the reversal by having attorneys Rick Navarro and Bruce Hodge file another Plea to the Jurisdiction.

This endless battle and billing war at the expense of the taxpayers against the workers has been ongoing since 2011.  The latest Plea to the Jurisdiction remains pending.

Cascos and the Democrats on the county commission will continue to spend your money to fund a battle by so called Democratic judges against the working man.   Why is it these judges are allowed to claim to be Democrats when they act like anti-labor Republicans? . Answer - they know we have no press to report on the truth, and the people love playing the role of saps.   Hardly the type judges I would honor, but then the Texas Democratic Party is run by Gilberto Hinojosa

Click for Story


Apparently upon Mary Esther Garcia learning that some of her future staff have already been assigned from other courts, aligned with Jonathan Garcia to get commissioners court to do away with civil service protection for JP employees.  Mary Esther Garcia and Jonathan Gracia want to reward their compadres with the jobs.

If Commissioners Court does as Sofie Benavides is asking, it will have yet another lawsuit on its hands.   When will the use of taxpayer money end to fund endless legal battles for the benefit of corrupt elected officials - nearly all Democrats - never.  We have no press and the people love playing the role of sap.

While I have not done a complete review of the law, and not that the law matters anyway, it seems to me taking away the civil service protection is not an option considering Chapter 158 of the Local Government Code.


Wednesday, August 27, 2014


"Now Sorenson has pleaded guilty in federal court. Yes, he says, he switched sides. He got $73,000 from the Paul campaign to do so — mostly at $8,000 per month. Yes, the money was laundered through two companies to hide it from public disclosure; that's the first of two counts Sorenson pleaded to.'

Click for Story

So the question is, was Ron Paul in the dark about what his staff was doing with the money, or did he turn a blind eye?  Or, as the racists would have you believe is his name really Don Pablo, an illegal immigrant -  because we all know Anglo Republicans are not capable corruption.

I grow so bored with the morons in Brownsville who think corruption is unique to Brownsville because of our proximity to Mexico. 


Rick Perry's lawyer has filed a Motion to Dismiss, Via a Pretrial Petition for Writ of Habeas Corpus. At 60 pages I think is its overdone - but at $450 an hour 60 pages is a good payday.

The most interesting thing in it is if he wins, it would mean count 8 of the Indictment of Ernie Hernandez would have been unconstitutional.

My recommendation to local attorneys is to download this brief to learn something about pretrial methods for having your client's criminal charges dismissed, and how you invoke the constitution to win a case.

Click for Rick Perry's Pretrial  Habeas Corpus

Sorry I do not have more for my readers - but I have a lot on my plate today.

Tuesday, August 26, 2014

This guy has probably been festering all day waiting for me to approve his comment.  I saw it this morning while waiting on a veteran at Valley Regional - from there we went to the VA Clinic wherein he had a post cancer surgery follow-up.  We then did a very late lunch at Long Horns and then I had to take Bela for a belt.  That was fun.  At the Walmart I had the windows down - AC will be fixed tomorrow - and Bela is yelling out the window - "move everybody Bobby needs to park"  Her aunt and I were laughing so hard.
Anyway, here is the moron's post.  It is also posted below with the story on the Hasse/Morris hearing. When I saw it I decided to hold it until I could give it the recognition it deserves.
"Anonymous said..
You are so full of it Bobby, you are blind too then idiot! You never said anything of the letters not being signed you bozo! You are beyond idiotic and so is Murray for that an email needs to be signed?! The delivery of ones email which needs pass code to use is not evidence of ones intent to deliver??? Stupid, plain stupid! Congress should just halt the search for the missing IRS emails......they were not signed!"

What is clear is, this anony never actually read my post for its meaning.  He was too angry over Hasse losing to even read and comprehend what I wrote.

I defy anyone to copy and paste wherein I said I  discussed the signature issue - it never happened.  What I said was, the issue would be whether or not Morris resigned.  That is the signature issue.

But this guy is so far gone with his anger he cannot even see I threw Hasse a bone.

I said he had the better attorney.  I said his attorney was pretty quick on his feet by raising the issue that lawyers  file  pleadings every day electronically without signing same.  I said if anyone deserved sanctions it was Hasse because Morris' Motion for Sanctions was totally without merit given the facts of the case.

I then went out of my way to provide his attorney the Texas Statute on the Uniform Electronic Transaction Act.

This is important because it addresses Judge Murray's concern.  Under Texas law, something can be considered signed, even though it was sent electronically if it meets the terms of the statute.

I am handing this to Hasse on a silver platter and this guy is too angry to see it.

I saw Cesar de Leon in action.  He is a steady as they go attorney.  I am certain he can fashion a Motion for Rehearing arguing the statute.  I do not write for the emotional morons - I write for the educated.

This moron seems to think anything sent electronically with someone's name on it means they sent it.  Wrong - very, very wrong.  I have access to several people's emails and send out information under their names all of the time.  I do it with their permission - but it is not written or sent by them.

This is why we have a law which provides for a standard for the court to consider when deciding if an electronic communication meets the requirements to be considered signed.

Even in criminal law the jury cannot just assume an email from John Doe threatening to kill someone is from John Doe.  There is an evidentiary process.  What this moron wants is the constitutional process concerning evidence be trashed because he says so.

Now, I was not at the original hearing.  I have no way of knowing how the evidence was admitted.  Because Hasse was there pro se it would not be unreasonable for Judge Murray to give his attorney a second bite at the apple.

It may not be necessary.  Hasse's attorney has a copy of the transcript.  If Morris admitted to the authenticity of the emails, then they are authenticated.  The next step would be for Cesar de Leon to file a Motion for Rehearing based on a question of law.  If the emails have already been authenticated it is then for Hasse's attorney to argue under the  Uniform Electronic Transaction Act, they are deemed signed.

Now I am not saying for sure the Act provides for same - but if there is a place which will provide him the argument it is in the  Uniform Electronic Transaction Act.

You see what the moron wants is for the constitution be abandoned as to the Rules of Evidence, and for me to outright create a map to Hasse's victory.  It is not enough I gave him the Statute which would allow Hasse to win.

Ah, but then Murray may go back to the jurisdiction issue.

I wish I could post the picture of Bela eating breakfast, but it would identify the school she attends.  Given some of the vulgar and threatening posts I have rejected concerning Bela, that is not an option.
But I was very pleased to see BISD is using wheat biscuits to go with the sausage patty.  Her mother took control of her diet from the grandmother and Bela has lost a lot of weight with a proper diet.  Her school snack is apples or strawberries.  She use to wear a size 8 pants - she is tall - she now needs a belt to hold up a size 7.  So the mother and I were happy to see BISD is going to help where it can on the nutrition issue.  Also  day one, the teacher had them exercising to music. 
I am willing to point out BISD's faults, but when they do things right the community needs to know. 

The docket sheet of the 445th District Court indicates that today at 9 a.m. Judge Murray will hear the case. 
If you remove all other issues but the meaning of the resignation, the question becomes, as a matter of law can a person rescind their resignation before it is acted on.  It happens all of the time, assuming the organization they are resigning from does not object.  Those in charge of Cameron County GOP have not objected.  Assuming Judge Murray finds Frank Morris is a Public Officer, the question then becomes can the Cameron GOP refuses to accept his resignation - well sort of because if he withdrew it are then they refusing to accept it?  And this is separate from the issue is the local GOP the proper party to sue to enforce the rule?
Anyway after the hearing I will post a story on what happened.  I have two errands after the hearing so it may be about noon.


The case came down, as I said since day one and in today's preview, to whether or not Morris resigned.  Judge Murray doing the job of the attorneys found in his research the code requires a signature [hence the blind leading the blind with Judge Murray showing them the way].  Inasmuch as the emails did not have any signature, Frank Morris never resigned, and the Temporary Injunction was denied.

Judge Murray also denied Frank Morris' Motion for Sanctions.  He gave no reason he just said denied - nothing more. He never said without merit.  On this issue Judge Murray was solid.  If anyone was entitled to sanctions it would have been Hasse for the frivolous motion for sanctions filed by Morris.  Hasse had emails which indicated Morris resigned.  He has a valid question for the court to resolve, hence no basis for sanctions.

In observing the attorneys, Cesar de Leon is by far the better attorney.


Let me do some research - I want to see if this signature issue has been handled by an appellate court.  I suspect Judge Murray has already done extensive research on the issue. For the record, without an appellate court finding an unsigned email of resignation is valid, Murray was correct in deferring to an appellate court for guidance.  Trial judges should not be answering questions of first impression.  This does not mean Hasse will not win on appeal - let me check the research.  Hasse's attorney was sharp on his feet on the issue and noted attorneys no longer sign pleadings because they are electronically filed.  But the law allows for that - but let's see what I can find.


Texas is governor by the Uniform Electronic Transaction Act

The Act if far from clear.  But what is clear, the parties must agree to do business electronically before an electronic transmission is deemed acceptable in court.  Click on Act above.  What is confusing is, in the first part the Act clearly spells out what is an electronic signature, but later on seems to suggest if an electronic document is proven up as authentic is can be used in court. 


Regardless of Judge Murray's ruling either side can take an Interlocutory Appeal.  Judge Murray understood if he denied the Temporary Injunction on the basis of jurisdiction, the court of appeals could have reversed him for that to then deny it on the merits as to the signature issue.

When judges are faced with a jurisdiction issue, they tend to allow the defendant to win on an issue of merit, rather then jurisdiction.  It is the fastest path to resolution of the case.  Judge Murray understands that the COA can still take up the issue of jurisdiction if Tad Hasse appeals.  The COA on its own motion can raise the issue.

During the hearing Judge Murray made clear his issue concerning jurisdiction related to whether or not the State Party needed to join the lawsuit.  He noted that having given them a chance and they did not act on that chance he was moving forward.  But there remains the issue of whether or not the County GOP was an essential party.  The Election Code Hasse relies on clearly states that the organization cannot refuse to accept the resignation.  It has nothing to do with Frank Morris rescinding his resignation.

In the end if Hasse appeals, the COA can dismiss the appeal for want of subject matter jurisdiction, without ever getting to the signature issue.  If they get to the signature issue, the big question will be did Hasse put into the record any evidence the parties agreed to do business electronically, or did Hasse even prove up as authentic the email from Frank Morris.  I was not at the first hearing so I have no idea.

The COA could find jurisdiction and then rule against Hasse finding Morris's electronic resignation does not comply with Texas law.

For the record, Barton and Montoya were not in the courtroom so any information they have is one sided from Hasse.

Valley Central just ran a story on how we are is losing our Winter Texans.  The BV did the story in April of 2012.

The fundamental problem has not changed.  The new retirees are on 401K's and not pensions.  They cannot afford two homes with a finite amount of money available for their retirement.  Unlike a pension, when a 401k runs out, you are out of money.  It is really that simple.

But our local leaders do not get it.  Two years ago I wrote about the pending crisis, and our city and county leaders sat and did nothing to address it.

From the Brownsville Voice April 20, 2012.
"On that note, Brownsville is heading down a path of lower tax revenues. I take pride in the fact I live with the people and constantly associate with the people."

"Here is a news flash for the mayor and Brownsville city commission - the retirement parks are looking at financial problems. There are record number of empty retirement homes. I realize the concept of planning (like a 5 year plan) is considered communist, but it is not.

The generation which retired on pensions is dying off real fast. This fact has been in the news for years. There are no longer enough such retirees to support the retirement trailer parks in Brownsville and Cameron county. Many parks are struggling financially. The empty lots mean lower property tax revenues. The lower number of permanent and temporary winter Texans means lower sales tax revenues. The new generation of retirees will be dependent on 401k's or similar retirement plans. These plans mean a finite amount of money which make living in two places at once impossible. It also means it will be harder for people who live up north to just retire elsewhere. Those with money - real money - are retiring outside the US where the cost of retirement is significantly lower in terms of being able to live a comfortable life.
Click for Story

The BV revisted the issue in February of 2013

"We are losing Winter Texans because the age of pensions is dead.  As the few people with pensions continue to die off, so too will the Winter Texan industry, unless we convince the few who can still afford to retire away from their current homes, Brownsville is a place with a life other than bad Mexican food, and endless corruption.  Yes, Brownsville has the best climate and yes the best beach in Boca Chica.  Again, Boca Chica is a thousand times better than SPI - why Brownsville does not promote this fact is beyond me."

Click for Story

From Valley Central Aug. 24, 2014

"The number of winter Texans returning to the valley is on the decline and it's costing the local economy millions of dollars in lost revenue.

In the past two years the valley has lost about 30,000 winter Texans and if the region can't attract new retirees to replace them, it could lose hundreds of millions of dollars."

Click for Story

The solution back in 2012, was not complex anymore so than it is today.  We have to sell Brownsville as a permanent residence.  Retirees need to be told to not give up on their dream of a warmer climate because their 401k does not allow them to have two homes - just make Brownsville your permanent home.

But we all know our leadership - they will do nothing.  In the two years since I first wrote about the problem, the area has lost some 30,000 Winter Texans.  The loss will continue until a crisis level and then someone will say "hey we have a problem."

Monday, August 25, 2014

My issue on SpaceX was and remains Boca Chica beach.  The idea of whether or not this is good or bad for Brownsville has never been an issue, beyond Boca Chica Beach.  The detractors of SpaceX would have you believe before the State of Texas threw in their money they had Rusteberg and Carlos Marin study the issue and then invested based on their recommendations.
Because that is what you do - when you have no argument, you bring out the mythical boogie men to scare the ignorant.
The sad part of his story is, there is a real issue concerning Tenaska and he does not even cover it.  What he does do is say, "I the great Barton am going to do an Open Records Request and get you the truth."
I win my Open Records Requests because I anticipate the objection, research the issue, and feel fairly confident I can win.
You see HINO Electric has already sued over this issue.  The Attorney General has already ruled the documents which show cost are not subject to disclosure.  HINO Electric then sued in district court to get access to the documents.
But hold it, if the documents which show the actual cost to the BPUB are not subject to disclosure then where is he getting his mythical number of $340 million?  He fails to tell you it is a mythical number created by Filch and others, which they admit are mythical and not based on any real data disclosed by Tenaska or the BPUB.  
Now, I am confident, assuming HINO has hired competent counsel, a court will eventually order the release of some of the numbers.  The BPUB defense is bogus.  The law is pretty clear, once the contract has been signed, you can no longer argue the protection of "competitors."  On this issue the BPUB has no defense.  So why continue to hide the numbers?  But as to trade secrets of Tenaska, that defense belongs to Tenaska and must be defended by Tenaska.  Now briefs and samples of the subject documents were due in court sometime in July.  I checked the online system and cannot find the case, so I will have to go to court to see the file to see where the case stands.
"First of all:  Is $340,000,000 for 200 megawatts of power a good price?  Not according to charts on what a typical natural gas powered plant should cost. While Brownsville's cost averages out to $1.7 million per megawatt, the national average is $917,000 per megawatt. "
Do not forget the $340 million number is a creation by Filch and others, and not based on any documents released by the BPUB or Tenaska - Also when I google the issue I cannot find a reference to $340 million  other than Barton.  He needs to source it, so people can determine if it is a real number.
This aside how does Barton come up with his $1.7 million per megawatt? 
He divided 200 into $340 million.  Now that little stunt would get you a big "F" in school.
From Forbs, a conservative business magazine "Unfortunately, actual costs for any energy system are difficult to determine from information normally provided."  Click for Article  The experts at Forbes cannot calculate a number, but Barton with his advanced math skills and business can.

You know you are in bad company when the best you can do with this numbers game is receive an endorsement from former disgraced Brownsville Mayor Pat Ahumada.  Remember this is the same Pat who had no problem with the BPUB giving a convicted felon from Dallas a half million dollars for a bogus start up airline.  He also had no problem with giving our money away for the same deal.
I have googled many search combinations and everyone uses kilowatts not megawatts.  I am not saying his source is not out there, because obviously I did not click on every page which came up in the many searches I did - but in scanning the summaries I never once saw anyone use megawatts.
But if you believe the formula is as simple as Barton claims then you are a sap.
Further, Filch did not say the deal was bad - what they said was, based on the exiting debt, the additional debt being incurred by the BPUB was not a good decision.
"NEW YORK--()--Fitch Ratings affirms the 'A+' rating on the following revenue bonds issued by the city of Brownsville, TX on behalf of Public Utilities Board (BPUB or the board):"
As the story notes, despite its negative outlook, based on undisclosed numbers, Filch is still giving the BPUB bonds an A+ rating
Barton claims "Fitch sees this as a very bad financial deal, lowering P.U.B.'s bond rating from A+ to Poor on the basis of this deal going through."
What the article clearly says is Filch in spite of its negative outlook it is giving an A+ rating.  I have googled this and find no Filch report to support Barton's claim.  Let him source it, and then I will change my story to support his claim.
The Herald has a pretty good article outlining Filch's objections.  Click
What is not discussed by Filch and Barton is BPUB is allowed to sell the excess power being bought.  This is standard practice.  People who buy residential windmills in the country sell the excess electricity to the local utility.
This is where the HINO Electric company comes into play.  If they are so confident that BPUB customers in the long run are going to have to pay more [note I said long run, not short run] then why are they so worried they will lose business to Tenaska and the BPUB?
If Brownsville intends to make growth decisions based on the advice of Filch, then Brownsville needs to make its mantra "No Progress Allowed Because We are Poor."  Filch using Brownsville's economic status as a basis to oppose growth  in my mind puts into question the legitimacy of how they make decisions.
There are unanswered questions - cost - will Tenaska buy the natural gas from the BPUB natural gas company or will Tenaska get it for free from the BPUB.  Given the long term costs of free this seems highly unlikely - but a  discount maybe. This is not clear in the reports.
The good news is, with all of their flaws, our city and county leaders know enough to ignore these advocates of no progress.  Nothing is free.  It is simple business - you must invest in your infrastructure and  community if you want to move forward.
The key to the story is "“During the flight, an anomaly was detected in the vehicle and the flight termination system automatically terminated the mission,” the company said in a statement on Friday."
You get it, the safety system worked.  The rocket was intentionally exploded immediately after launch by SpaceX as a safety precaution.
These dimwits making a bigger issue out of this would ban walking because you might fall.  All my life the military and NASA have been testing rockers.  The idea a rocket test fails is not new.  It is par for the course.  It is the nature of the beast.  But if these dimwits were to have their way, we would not be  in outer space because of the many astronauts who have died during launch or reentry.  We would still be living in caves because of fear of exploration.  These dimwits are the ones who opposed exploration which lead to trade by the west with China, the exploration of Africa, and the many courageous sailors who sailed the Atlantic to what is commonly referred to as the New World.
If you are unwilling to take risks you will never move forward.
What these same dimwits fail to understand is the secondary benefit which comes from development by a company like SpaceX.  I was very honest - once word on the extended runway got out I had to change my position.  An expanded runway means more jobs at the airport.

"Paragon D&E, a Grand Rapids, Mich.-based company that is already a certified supplier to SpaceX, announced Friday that it had purchased the assets of Rio Grande Tool Co. in Brownsville and plans rapid expansion of its new operations here.
Paragon designs, engineers and manufactures highly complex tooling systems for a customer base that includes the automotive and heavy truck industries, aerospace, agriculture, and oil and gas. Paragon said it has broadened its involvement in commercial and defense aerospace in the last five years.
Andrew Samrick, the company’s managing director for advanced manufacturing, said the Michigan facility currently works on bolt systems that hold SpaceX rocket segments together.
While he said it’s not yet clear what role Paragon will play in servicing SpaceX, or Space Exploration Technologies Inc., in Brownsville, Samrick said the firm is “fairly confident” its expertise and services will be relevant during construction of the launch site — and beyond.
“Right now, we don’t know,” he said. “We have to see how we can help them.”

Paragon, because they have vision, and are not dimwits, are positioning themselves for more business with SpaceX.  They see the demand, so on a gamble they are willing to invest in Brownsville in hopes SpaceX sees the benefit in working with a local supplier.  Ah yes, a gamble - something these dimwits would never take.
Now I can see the response to my post - personal attacks on me because according to Barton is if misplace a comma my entire story is without merit.
What he cannot do is explain his spin on his bogus numbers so he will attack.
But in the end, my primary readers are the business community, and they get it.  So I fret not.
On the BV you do not have readers posting homophobic sexist moronic statements.  Why?  Well that is the difference in readers between the BV and the other blogs.

This is an amazing cite sent to me by a reader.  The music is really for those of us long in the tooth.  But you rugrats might learn to appreciate the music.


Sunday, August 24, 2014

I get it costs money to fix problems.  You did not hear me complain about the rate increases. I just raised the temperature in my home.  We are comfortable with the AC at 79 instead of 74.  In the long run with stable natural gas rates, Brownsville's cost of electricity will stabilize and we will save money.  In some ways, more importantly it is an important investment for our children.
But here is the thing, BPUB had a half million dollars for a bogus start up airline for a convicted felon.  No one did their due diligence in regards to this airline or the convicted felon.  This is unfortunately all too common of a problem in Brownsville and Cameron county.
Until the community became outraged over Price Road being a bombed out road - in terms of appearance and driving on it, the COB did not take serious the issue of our decaying roads.
The BPUB's infrastructure has problems - big problems - and no one is planning for it.
"Brownsville Public Utilities Board crews were called out Thursday to replace a 12-inch water line that had ruptured, leaving residents in the area around Southmost Boulevard and East 20th Street without potable water all day.
The break was attributed to excessively dry soil that had contracted, putting pressure on the cement water line. This particular pipe was laid in 1980, making it one of the city’s oldest water lines, according to BPUB spokesman Ryan Greenfeld."
Several weeks ago I did a post on how ground movement in the Cowen Terrace area is impacting the electrical lines.  Well I yelled and within days crews were digging up the lines behind my home and making repairs. 
The problem is, the COB turned a blind eye to improper installation of the lines by the developer. I am certain someone back in 78/79 got a mordida.
The other night the residents on Cobblestone behind me and a resident on the corner of my block were again all without electricity because of the same problem.  Ground movement from the drought caused the electrical lines to fail.  You see I raised cane  and the line feeding into my immediate area was fixed, but the other one about 200 feet away was left with no repairs.
In investigating this matter, what I learned was BPUB has money for everything but fixing major problems.  We were told - no money in the budget for anything but temporary repairs.
Do I like my rates?  Nope - but I know it costs money to fix things and maintain the infrastructure.  Now some of our problems are the result of a lack of code enforcement  by the city when it mattered.  I am having electrical work done on my home which will cost more than $2,000.  Why? because the builder was allowed to put in a 150 breaker box for a home which needs a 200.  The BPUB has it set for a 200, so they did their part, but the builder to save a few bucks did not comply with the requirements of the house.
Everyone knows the costs of these infrastructure repairs is not going to go down.  In fact right now the BPUB is paying crews to do patch after patch after patch.  A proper repair means no more patches which means less money allotted for repairs crews.
But the BPUB is picture of mismanagement.  There is no vision in terms of keeping up with infrastructure repairs.
A major problem is, with so much waste [$500,000  for a convicted felon from Dallas] BPUB CEO/ General Manager John S. Bruciak simply does not have the confidence of the people to justify further rate increases to address the infrastructure problems. 
Because Bruciak does not have the trust of the people, the infrastructure problems will get worse, and in the end cost Brownsville a fortune in lost services and repairs.
In terms of the proper use of city resources it is easy to oppose Cyclobia.  But here is my question - I keep on hearing about the downtown businesses and how this is bad for them - but where are these businesses speaking out against Cyclobia?  No where to be found - yes I can go downtown and quote a business owner who is upset - so what?  Why are the downtown businesses not in an uproar about this?  Answer - they do not care.
Several years ago I offered the police and firefighters associations my time to block walk for signatures for a recall, after the City Commission basically turned them into eunuchs.  The response was - only if we can do it on our motorcycles, while eating chicken legs and drinking beer.
Why should I believe the downtown business owners actually care when I have yet to see any meaningful opposition by them to Cyclobia?
Remember that female bar owner who claimed the end of humanity if we passed the smoking ban - by her own admission her bar was such a dump no one would go there for any reason other than to smoke.  Well, her bar is packed all of the time on the weekends.
It is easy to agree that Cyclobia is an improper use of city resources - but if the downtown business owners are unwilling to lead in the battle against Cyclobia, why should I care when they do not.
The whiners limit their activism to typing nonsense on a keyboard in their air conditioned homes.  God forbid they show up at Cyclobia protesting in support of the businesses they claim to be protecting.
Maybe all of the endless whiners need to post a huge sign at the Brownsville city limits saying

Saturday, August 23, 2014

I get the teachers are not being given the supplies they need. What is sad is there are millions to settle lawsuits for the friends and compadres of the trustees, but not a penny for the teachers and students.
My costs for Bela's supplies, not including her back pack, was more than $80.00.  Bela will always have what she needs for school.  It is important to me she always feels like everyone else.
The actual supplies for learning - paper, binders etc, is no big deal.  What angers me is the Trustees have money for their friends and compadres, but require the teachers, or parents supply the classroom with basic janitorial supplies.
I would have preferred to buy an extra set of basic school supplies for use by a child in need, such as Bela, but given how much it cost for one child that was no longer an option.  I will talk to Bela and find out if there is child without supplies she wants to help.  I may consider the more important basic supplies which Bela can give the child.  I need to teach her the importance of sharing and charity.  There is more to learning than the Three R's.
When I checked to see how the post came out I saw she already has on her new shoes.  While shopping for school supplies she told me she could not wear sneakers with her skirts.  I asked why, and she said "because you wear flats with skirts."  So we were off to Payless.  They are grey with a bow and small fake jewels.
At Walmart I said to her, "Bela my car is parked so far away. When we got here why did you not tell people to move their car so I could park?"  She said, "Bobby how could I you did not open the window."  We both laughed so hard.  She loves the back and forth with me. 

Friday, August 22, 2014


The Democrats have been out of power in Texas for over 20 years.  No one can blame anything wrong with Texas laws on the Democrats.

Texas Republicans by policy are turning a blind eye on SNAP [Food Stamp fraud].

"It also said states have different thresholds for prosecuting food stamp fraud.

In Tennessee, for example, $100 in benefits must be fraudulently obtained before officials will consider prosecuting, but in Texas it is a $5,000 level."

Click for Article

Now you know why you see SNAP recipients in Brownsville driving huge SUV's.  Mind you there are a lot of people who need SNAP and live on a shoe string.  But there are far too many people using it fraudulently.  They lie about their income, and then sell the SNAP benefits - which belies logic in my opinion. Just use the SNAP for your food and keep the cash.  I do not get it.

But the one group you cannot blame for this in Texas is the Democrats.  It is laws written by Republicans and enforced by a Republican AG which allows for the level of fraud in Texas.

It saddens me when I get a call that someone needs milk for their baby and they are not on SNAP because they are honest.  I always buy the milk and bring it to them.  Trust me if I find cigarettes or beer in the house they get nothing.


I thought about posting the picture with the school mascot, but for security reasons I do not want to say where she is attending school.

The school having the mascot out for the kids made the school very welcoming.  The teacher and assistant were very, very welcoming of all the children who showed up.  We were last in line so that gave Bela more time to speak with the teacher and explore the classroom, which she did.  That only made her more excited.

The teacher told us Bela is basically where they want the children at the end of Pre-K.  So we are good - it should be easy for her as the teacher just reinforces what she already knows.  With her confidence level high anything new should be easy.

Bela has finished the first two sets of "Bob Books" My only concern is Bela is use to learning at her own pace and on her terms.  We do not force her.  But given the fact she is reading at 4 years old, on her terms has worked.  She now has to learn to be part of a group.

In the end I have to say the teachers were awesome in how welcoming they made their classrooms.  Everything is so colorful. 


We were walking in and I said, "Bela I cannot believe it, it seems like yesterday you were a tiny little baby, but now " then she breaks in and says "I'm a big girl."  I said " I think you eat too much" and she said, "but I have to eat so I do not die."  Maybe too much for a 4 year old to think about - but will be 5 in October.  Bela is like a sponge - she is constantly learning.  In a very limited way she can tell you how bees pollinate.  We try to turn everything into a lesson.


I got this from a letter posted by a transgender mom on Huffington Post.  The letter was a response to Michelle Duggar's incredible ignorance.

BISD needs to get on top of this issue.  I know of one child who refuses to go to school because of this issue.  She is a female to male transgender.  Tropical failed him.  He feels he needs to run away as the only solution.  BISD needs to take a leadership role on this issue.