Monday, September 30, 2019


A COMPLIMENT TO DOWNTOWN BROWNSVILLE


I have no idea if the prizes are worth the trip across the border.  This is something the COB should investigate.  If gambling takes off in Matamoros it could justify a new hotel downtown. 

The city might consider running small shuttles across the border as a service of BUS.  If not a small business can consider such a shuttle.  If it is a private shuttle, the city should offer them free space at the International Bus Terminal.

The Winter Texans who are only part time should be here soon.  We will see if they go across.  If the International Casino succeeds it will be good for Brownsville.  Brownsville needs to look into marketing it as an attraction for Brownsville.  Hey they can fly in from Houston, stay at a Brownsville hotel and enjoy both historic downtown Brownsville and Matamoros.

There is a possible opportunity here and the city needs to look into it.

For the record, other than low dollar bingo, I do not gamble and will not be going across.

NURITH GALONSKY MUST RECUSE HERSELF FROM TUESDAY'S EXECUTIVE SESSION ON POLICE PAY

COB Ethics:

It is not disputed the Brownsville Police Department is preparing a DWI charge against Erasmo Castro.  It is not disputed that live on air Nurith Galonsky, as a city commission, stated she could be Erasmo Castro's attorney.

The Rule:
(a)
General rule. A city official or employee shall not:
(1)
Solicit, accept, or engage in concurrent outside employment that could reasonably be expected to impair independence of judgment in or faithful performance of official duties; or

The only issue set for executive session Tuesday is wages and benefits for the BPOA. Nurith's statement could be Castro's attorney while discussing the possible DWI charge, puts her in direct conflict with the police department. She cannot vote on their wages while she is offering to represent Castro who the police are about to charge with a crime.


EDITOR'S NOTE:

Nearly 4 weeks ago I rejected an anony comment that Ben Neece and Abraham Galonosky were grooming Nurith Galonsky for mayor.  It was just too absurd to be truthful.  But now more information is coming out that there may be some truth to this claim.  The BV is on the story.

Edited for clarity.  Sorry guys I just woke up since I originally posted.  It can take two weeks for the shunt valve adjustment to work.  Then it can be another 2-4 weeks for the brain to adjust to the new pressure levels.  My head was going to blow this morning and I just did not see the mistake until now. I also made a correction to the headlines in the previous story.

Sunday, September 29, 2019



IF SHE IS IN FACT HOMELESS, SHE IS JUST ANOTHER EXAMPLE OF HOW WE TOSS PEOPLE INTO THE TRASH BECAUSE IT IS EASIER THAN CARING

LINA HIDALGO, HARRIS COUNTY JUDGE

At 28, in a short 13 years she went from being a Columbia immigrant via Peru and Mexico to being the County Judge of Harris County, the third largest county in the U.S.  Click for official page.

Her election gave Harris County its first Democratic majority since 1990.  Her legal journey to the U.S. was made possible because her father was a successful engineer.

BEFORE THE LAW CHANGED IN TEXAS, JUDGE HIDALGO LEAD THE BATTLE AND WON IN EXPANDING FREE SPEECH BEFORE COMMISSIONERS' COURT

"Just a few months earlier, such a banal scene — residents and stakeholders testifying before local government and receiving immediate feedback from elected officials — would have been unusual for the commissioners court. For decades, the twice-monthly meetings rarely ran longer than an hour and a half, and only a handful of citizens got the chance to speak. Now, the meetings have ballooned into seven- or eight-hour affairs."

Click for Observer

THE ANTI-LNG PEOPLE NOW HAVE THIS POWER - WILL THEY USE IT?


Saturday, September 28, 2019


HEB A GOOD CORPORATE NEIGHBOR TAKING A HIT FOR A BUSINESS DECISION

Here is an example of the moronic comments being made over HEB's closing of the  downtown store.

 "Anonymous said...
HEB builds as close to the welfare cockroaches as possible to get that government money; they love to build close to Section Eight housing.
September 26, 2019 at 4:08 PM"

In my 14 years in Brownsville HEB built one store.  It is the Plus store on Paredes and 802.  This is hardly an example of building to make money off of people on housing.

The comment reflects the ignorance of the poster on how housing works.  There are basically two options. Some people live in housing owned by the BHA.  Others receive vouchers and live all over Brownsville.  So the comment is that of a troll how just needs to make trouble and demonstrate their ignorance.
According to HEB the costs of renovation were too high.  What pisses me off is the second someone got hurt or got sick because of the state of the store the same people whining would be yelling lawsuit because HEB kept the store open for profits.
A store can make money, but it can also be unsafe for food and the employees.  A decision has to be made.
When I look at the bigger picture I see a good corporate neighbor in HEB.  So based on the bigger picture I must assume HEB made a good decision in closing the downtown store.
The city gets an "F" for its years of neglect in trying to recruit a new grocery chain.  Most people I know never go to the HEB on Southmost because its selections are limited and the store is in need of repairs.  I take the longer trip to either the Plus store or the one on Boca Chica and Parades.   The store on Central and Boca Chica, near downtown is also nice.

HEB giving the city 10 minutes notice of its decision was not good business.  But the city knew it was coming.  It was a matter of time.  No one believes the very people complaining would have supported the city giving money to HEB or a tax abatement to remodel the store.  So just stop pretending.
SO NOW WHAT
Someone at the city needs to show leadership on more grocery stores.  For me parking at any HEB is always a nightmare.  I do use Walmart for a handful of things I cannot get at HEB.
Jessica Tetreau Kalifa and Nurith Galonsky both get an "F" when it comes to landing a new store for our part of town.  The Walmart failed because it was a Walmart.  Walmart can be good, but HEB markets to its local customers.  There is plenty of land on the east side of Four Corners for a grocery store.  I would love a Fiesta because it has a more diverse choice of groceries than HEB.  But I believe an HEB Plus would do well.
AS TO DOWNTOWN
Instead of the city whining because HEB decided the store was not safe for its customers or food it needs to look at the larger HEB corporate mentality as a good corporate neighbor and see what HEB may be willing to offer the  city in terms of the building.  We desperately need a facility of efficiency units for homeless veterans.  Other cities are making the investment why not Brownsville?
SO STOP WHINING AND APPROACH HEB TO DETERMINE OUR OPTIONS.

Friday, September 27, 2019


NEW LAW COULD BRING OUT BIG SPEECH AT COUNTY COMMISSION AND CITY COMMISSION NEXT WEEK

On the no tax abatement for LNG if 100 people sign up to speak County Judge Eddie Treviño cannot limit public speaking to the first 25.  All 100 must be allowed to speak.  Further under the new law anyone can call out any commissioner.

For me a big issue is no money for a living wage for county workers, but tax abatements are available for billion dollar industries.   This is shameful.  Hopefully this group can produce at least 100 people to speak.  Eddie Treviño will not know what hit him.


THE CASTRO AFFAIR

First of all anyone with minimum knowledge of the law knows when two identical cases are filed they are both given to one judge.  Both removal cases have been assigned to different judges.  The plaintiffs are both being given really bad legal advice on how the system works.

Both assigned former judges were thrown out of office by the voters of Corpus Christi.  You get thrown out of office for a reason.  Judge Bañales in the Mary Tipton case issued a wrongful spoliation instruction which allowed the woman who murdered Mary Tipton to walk.  Saenz was part of the conspiracy.

It is surreal to me given the history of both Judge Flores and Bañales the plaintiffs have not filed objections to their assignment.  It is surreal to me the Administrative Judge Missy Midary did not know under the rules one judge should have been assigned to hear both cases.  What we now have is potentially two trial judges issuing conflicting rulings as to the law.  This is going to make a mess of things.

DA Saenz's allowing his brother Mario to be part of the process to have Castro served shows extreme bias and corruption.

My prediction is Castro is going to walk on the DWI and not be removed from office.  The plaintiffs have been set up with  really bad legal advice which is designed to help Castro.

COB MEETING

Nothing can stop anyone from appearing during public comment and demand the city have the BPD
department turn the Castro DWI over to the criminal section of the Texas AG's office based on the appearance problem created by City Commissioner Nurith Galonsky stating she could be Castro's attorney.


HERE IS THE DEAL

Castro is laughing.  He has no worries.  He knows the system and it has been rigged in his favor.  The plaintiffs' in both removal cases are not going to realize they are being played until after it is done and they have nothing.

THIS IS BROWNSVILLE AND CAMERON COUNTY

Our politicos, generally - meaning not everyone - do not get the appearance problem.  We do not have the needed votes on the COB Commission to force the right thing.  The majority simply do not care about the appearance problem.

Saenz is not trust worthy.  My view is when you think you can win because the DA may be on your side, you are not playing clean.  And, it normally means you will lose. In equity you must go into court when your hands are not clean if you are playing on the perceived sympathy of the DA to your cause.

I hope every troll can call me out on this one, but Castro is walking free and happy in both the DWI and removal action.  

Thursday, September 26, 2019

Wednesday, September 25, 2019


KEEPING AN EYE ON NEW GULF STORM


I CANNOT WAIT

I love this time of morning because I can leave the door open while Sam enjoys the cool air for 30 minutes and I can get things done.  I have my blankets, bedspread and comforter ready.  I love sleeping under all of that cotton on a cold night.  I can also breath better.

I have about an hour to walk Sam, shower, pack and get out the door for SA.  My ride will be here soon.  I will sleep since I was up most of the night.  The neuropathy is back with a vengence and my legs were in horrible pain all night.  The Lyrica is simply not working.

So I am off to walk Sam.  

I wait anxiously for Winter when I get to sleep under a ton of cotton.


THINK ABOUT THIS

On my FB timeline this is very active with both the left and right clicking like.  The Democrats are sadly mistaken if they think the American people are happy with the endless theatrics in Congress.  It blows my mind the Democrats jump at the bait daily that Trump throws at them to force them to react while nothing gets done for the people.

Tuesday, September 24, 2019






SAENZ MUST RECUSE HIMSELF FROM ALL THINGS CASTRO

UPDATE:  MY PHONE RANG AND WOKE ME UP:

Senior Judge Romeo Flores has been assigned to this case.  A search on him does not reveal if he is a senior judge by years worked or retired.  Down the road it could make a difference.  BUT THE BIG STORY IS - He is the Judge who allowed Saenz's niece to walk in the DWI with her brother where they left the victim to die.  Angela Nix was her attorney.  Zachary Blevins has every right to object to this assignment.  The assignment of judge Flores just made all of this even more bizarre.  If he became a senior judge after losing an election, then the objection will not count against Zachary Blevins.  He will still be able to object to another judge.  It is also being reported that in the presence of reporters, Angela Nix's husband threaten to have Zachary Blevins sued.  Angela needs to bring her husband under control or face the State Bar.  Further Castro has sent me endless communications that Angela Nix had the lawsuit ready against Jessica Tetreau with nothing ever being filed.

Okay state records show Judge Flores only served from 84-88.  This means he either lost an election or did not seek reelection.  He gained Senior status through years as a visiting judge.  This means if Zachary Blevins objects to his assignment Zachary Blevins will still be free to object to any other questionable senior judge.

ORIGINAL POST

One, Saenz endorsed Castro for BISD knowing full well he was a convicted felon and not qualified to be on the ballot.  Two, Castro tried to get the influence of Judge Chavez-Vasquez in the event she is assigned his DWI case, and three the dumbest city commissioner we have Nurith Galonsky stated she could be Castro's attorney.  Well no she cannot since the filing agency is the BPD.  This matter is so tainted no one associated with Brownsville or Cameron county can be involved in prosecuting the DWI or removal.

This case is so tainted at every level, including the removal petition, Saenz must ask that the Criminal Section of the Texas AG take control of everything.

The plaintiff's may have to file a motion to disqualify Saenz if he refuses to remove himself.  The case law is clear.  Castro is a convicted felon, and never should have been allowed to take office. Saenz turned a blind eye to this when he endorsed Castro and forms a basis for his removal from the case.

This is a matter the judge should consider first when deciding if Castro should be immediately suspended from office.  It is a real issue.  

Right now the plaintiff's are working pro se.  They need an attorney to ad the convicted felon part.  I have the research all done.

THE LAW IS SIMPLE, THE TRIAL JUDGE ILLEGALLY CHANGED CASTRO'S FELONY CONVICTION ORDER AND SAID NEW ORDER IS VOID

It is permissible to collaterally attack a judgment of one court in another court of equal jurisdiction if the underlying judgment is void.  Browning v. Placke, 698 S.W.2d 362, 363 (Tex.1985). 

IS CASTROS' SECOND SENTENCING ORDER VOID, TO THE EXTENT IT EXISTS?

Yes, - because the trial court had no jurisdiction to issue such an order it is void - a legal nullity.

"This Court's recent decision in State v. Bates, 889 S.W.2d 306 (Tex.Cr.App. 1994) controls the disposition of the instant case.In Bates we affirmed the Eastland Court of Appeals' ruling that a trial court does not have authority to grant a new trial as to punishment only.2 In Bates this Court stated that a new trial for the punishment stage of a criminal action may be granted under Tex. Code Crim.Pro. Art. 44.29. Bates, 889 S.W.2d at 310. However, only appellate courts may grant new trials as to punishment only. Article 44.29(b) reads in pertinent part: 

State v. Hight, 907 S.W.2d 845 (Tex. Crim. App. 1995)

WHAT ABOUT FAIRNESS AND THE TIME WHICH HAS ELAPSED?

Laches in simple terms is an equitable form of limitations - it means if you wait too long to do something you lose.

"However, laches is not applicable when the order subject to the mandamus proceeding is void. See Zimmerman v. Ottis, 941 S.W.2d 259, 262 (Tex.App.Corpus Christi 1996, orig. proceeding) (“Since mandamus relief in the present case is premised on the entry of a void order, it would not serve the interests of justice or those of the parties to invoke laches as an excuse to ignore that order, and thus to allow the parties to expend further time and effort in connection with a lawsuit that must ultimately be dismissed by the Collin County court or reversed on appeal for want of jurisdiction.”). Therefore, laches is not a bar to mandamus relief in this case".

IN RE: Curtis and Shelley CHESTER, Relators.

The case law is clear, the trial court had no legal authority to resentence Castro and remove the felony conviction. This by itself will allow the assigned judge to immediately remove Castro from office. Castro will resign before he allows such a hearing to move forward. It will solidy no doubt in his felony conviction and impact many of his rights.


BACK TO SLEEP - I JUST WOKE UP AT ABOUT 2:45.  I FELL ASLEEP AT ABOUT 10:30 FROM AN INTENSE HEADACHE


DID COMMISSIONER NURITH GALONSKY'S OFFER TO BE ERASMO CASTRO'S ATTORNEY DISQUALIFY THE COB FROM OVERSEEING THE CRIMINAL INVESTIGATION

I am busy, but either from San Antonio or when I get back I will send the tape with Nurith's offer, the offer to Judge Chavez from Castro to use his show for free publicity knowing full well she could end up being his DWI judge, to the criminal section of the AG's office asking that they take control of the case.  Castro's conduct puts in doubt there is any chance he will be held accountable in Brownsville or Cameron county.  Further his conduct needs to be investigated for obstruction of justice.

THE CITY MANAGER IS IN THE MIDDLE OF A NIGHTMARE

Nurith Galonsky and Ben Neece want him gone.  This is why Jerry is attacking him on a regular basis on no facts.  Both Neece and Nurith were denied places on the Audit Oversight Committee because they have made known their obsession to settle all scores.  Neither has the best interest of the city in mind.  Think about that rebuff and let it sink in.  What does it tell you?

Efforts have been made to make peace with Jessica and Joel so the city commission will be more functional, but Nurith has a near psychotic obsession with Jessica and will not let it go.  Her daddy has bought her everything she has, including her education.  As Harvard has proven over and over again, if you have they money they will graduate you.

Nurith is the face of privilege and cannot handle the idea she is not seen as above the rest.

JUST BECAUSE MIKE HERNANDEZ WAS BEHIND IT DOES NOT MEAN IT IS ALWAYS BAD

But with Nurith and Ben Neece it does.  What was it $2.3 million stolen from the people as Abraham Galonsky illegally sat in executive session negotiating the price and now Nurith wants to distance herself  from this by talking about bad deals at GBIC.  And naturally Castro and Barton  run cover for the Galonsky family.  $2.3 million gone and Castro and Barton run cover for Galonsky.

THE CASTRO BARTON CON JOB

They claim I am trying to destroy a small business.  Castro is the one who trashed a small business over wanting 25 cents for an extra large cup.  Barton says good Castro how dare they charge you for the more expensive cup?

All I did was use the tax records to show that Montoya's claim from a 3rd party that the son as a registered sex offender is not an owner.  Montoya went on to accuse Castro and Angelita's of compromising the safety and welfare of the children who go to her coffee shop for chess coaching.  I say good for Angelitas for offering the space and opportunity.  I completely stayed away from Montoya's story because my research showed the son is not a co owner, and I saw no proof he works at the Cafe.

Montoya's story could do real financial damage to Angelita's.

So Angelita ask yourself was the attack on me to protect you or use you as a tool?  Angelita you are nothing more than a tool for these two con artists.

BUT BARTON AND CASTRO RUN COVER FOR MONTOYA ON HIS VERIFIED IN PART FALSE STORY WHICH WAS REALLY EGREGIOUS AND ATTACK ME FOR PROVING THE SON IS NOT A CO OWNER, AND THE BUSINESS IS BEHIND IN ITS TAXES

In law this is called actual malice.  The fact they ran cover for Montoya means they were not interested in protecting Angelita's but in attacking me with lies and disinformation.  Oh boy, I should be tarred and feathered for pointing out a business is not paying their taxes.  Just Castro and Barton  running cover for a business they do business with.  Anyone else would be called out.

CASTRO TRASHES ANA AS A SEX TOY AND BARTON REFUSED TO DEFEND HIS FUTURE WIFE

Castro like a teenage boy laughs implying Barton is missing meetings because he is too busy having sex with Ana.  A real man - a normal man - would have decked Castro for what he did.  But Barton allowed it to pass for everyone to see Ana as nothing more than a sex toy for Barton.

Keep laughing Ana because what you fail to understand is Brownsville is laughing at you.






A TEDIOUS PROJECT I CAN ONLY WORK ON 15 MINUTES AT A TIME

The project requires I have the Word page open for typing the brief and at least 4 documents open on Pacer at any given time so I can properly copy and paste what was said, and then properly reference the dkt number and page.  I have had as many as 6 documents open.  My eyes cannot handle it and the head gets ready to explode.

I am planing for an extended stay in San Antonio.  I have no idea what the surgeon will do.  I do not want to have my driver taking me back and forth.  I have family and friends in SA, so my driver can come back to Brownsville.  I prefer the hotel over staying with friends or family.  I can walk to the hospital/doctor in 5 minutes.

So I will work on this project 15 minutes at a time and then take a long break including naps.  I really doubt I will meet the deadline.

Monday, September 23, 2019


BARTON RUN'S COVER FOR CASTRO AND JUST LIES

Castro goes off on a claim it is shameful to attack a small business.  Jim says nothing.  It was Castro who trashed a small business for charging him 25 cents for a larger cup.

Fact Jim, I openly practice under my bar number with the Texas Supreme Court, you might want to learn about facts.  I am still called the mandamus king for having so many emergency orders against judges.  According to Jim this is evidence of my incompetence.  The Texas Supreme Court will not touch me for practicing before them because they know what I have - it is called evidence and law - something lost on someone who can never admit to a mistake and just loves to bully.

Be careful Jim I can take the last of that life insurance you got from Nena.  

FACT: BARTON WHO NEVER MET A LIE HE WOULD NOT TELL

He does not mention in my story about Angelita's taxes I used it to refute a claim being made by Montoya which makes Angelita's look real bad, and in fact endangers children.  Montoya's claim against Angelita's could cost it real business.  Not a word from Barton.  Not a word about Montoya's false claim.  I actually went out of my way to make clear the Leal's son is not a co owner, and never repeated the claim.  According to Jim and the lying Castro this is me bashing Angelita's and Montoya protecting them?

What this says is with Jim this is personal and not about facts.  Jim how many civil rights cases have you won?  Zero - I have lost count.  Nurith knows nothing about the trenches or fighting in court.  She is a moron - on the tape she actually says knowing the COB is about to file criminal charges on Castro, she might be Castro's attorney.  Nurith is truly one really dumb City Commissioner.  

She was warned and went out of her way to defend Castro anyway.

Facts matter.   With Jim and Castro and Nurith it is always personal which is why they are silent about Montoya's truly egregious claims which turned out to be false and the BV went out its way to say they were false.

One thing people do not know is there are commissioners who want to bring Jessica and Joel back into the fold for a more functional commission.  Nurith has an unhealthily attitude and obsession with Jessica.  This is making it impossible for the city commission to try and come to a peace.

JESSICA NOW YOU KNOW ERASMO IS NOT YOUR FRIEND

NURITH JUST HOW STUPID ARE YOU?

You actually said knowing the city is about to file criminal charges on Castro you could be his attorney.  You make Jessica look like a genius.

NOW BARTON, TELL US WHY YOU DID NOT GO AFTER MONTOYA FOR HIS CLAIMS WHICH TRULY DAMAGED ANGELITA'S REPUTATION AND FAILED TO MENTION I REFUTED HIS CLAIMS

JIM TO THE RESIDENTS OF BOCA CHICA CITY

He wants you to ignore my advice on Texas Constitution Article I § 17, because only an idiot would listen to me.

Jim how about instead of your usual mindless diatribes you tell  the people of Boca Chica city their best option to protect their land and be specific why I am wrong.  I will not hold my breath.

Come Jim instead of your usual endless meaningless conclusory attacks on me go point by point and show everyone where I am wrong.  We know you cannot.  Okay running late for dinner.




ANGELITA'S CASA DE CAFE BEHIND IN THEIR TAXES

You will also note the sole owners are the wife and husband 
and not the son.  Apparently Castro's podcast does not bring
 in enough business to pay the taxes.

OWNERSHIP INFORMATION
Account #Owner NameMailing AddressLegal Description
0001002018064900LEAL MARTIN & ANGELITA OLGUIN LEAL4 CARLTON DR
BROWNSVILLE, TX 78521-4056
INV,FURN,FIXT,MACH,EQPT AT 2200 BOCA CHICA BLVD, STE 116, BROWNSVILL E TX

2018 TAX YEAR TAXES DUE - AS OF 09/23/2019
Tax YearBase DuePenalty / InterestAttorney Fees / Other FeesTotal
  2018$138.36$27.68$24.91$190.95



NURITH GALONSKY PROVES SHE HAS NO SENSE OF GOOD JUDGMENT, AND IN FACT IS JUST HER DADDY'S AND BEN NEECE'S PUPPET

Taking a break from a very tedious project which has my head ready to explode.

I have stayed away from this story because I just saw it as a turf war.  I have good connections within the city.  City officials see Galonsky as untrustworthy, and lacking patience or tact.  Claims are she has a very unhealthy obsession with Jessica Tetreau Kalifa.  I am no friend of Jessica's but this is what people are telling me.  This is not how you run a city as a city commissioner.

I have been getting these same basic complaints for months, but I understand turf wars.  Feathers are being ruffled by the new city manager so Neece and Galonsky are using McHale to attack an amazing city manager.  Neece is clueless about how many enemies he has made since he started his campaign against Noel Bernal.

BUT NOW THE CASTRO AFFAIR

Nurith Galonsky has some power over the police, especially when it comes to pay and benefits negotiations.  The Brownsville Police Department is about to seek criminal charges against Erasmo Castro.  Knowing this because she has no sense of appearance of conflict, she sees no problem in promoting Castro as Castro promotes her.

A minimum sense of integrity would inform her appearing with Castro to promote his podcast while the police she has some authority over are getting ready to file criminal charges against Castro appears to be an attempt at influence.  You  take care of me I will take care of you.

I do not need to write anything on Nurith.  She has made a very bad name for herself at the city.  She has already hung herself and this is not going to help her reputation.

There was tremendous push back over the idea of putting Neece or Nurith on the Audit Oversight Committee.  As the record shows neither is on the committee.  City officials and power brokers just did not trust they would do the job in a forthright manner.



SPACE X COULD FIND ITSELF IN A PROTRACTED UPHILL BATTLE OVER BOCA CHICA CITY

Montoya is taking the lead on this and more information is available on his blog.  My point is as I deal with mind numbing headaches while trying to finish a project is to build on Montoya's post.

After the U.S. Supreme Court made it easier for cities to condemn private property to then be given over to private companies, Texas along with many other states rebuffed the Supreme Court and amended their constitutions to make it very difficult for private companies to force people to sell their property.  The Supreme Court case was  Kelo v. City of New London, 545 U.S. 469 (2005)

We begin with Article I, § 29 which makes violation of any part of  the Texas Bill of Rights void.

Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

AS TO TAKING OF LAND, ARTICLE I, § 17 WAS CHANGED TO READ AS FOLLOWS:

Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for:
(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by:
(A) the State, a political subdivision of the State, or the public at large; or
(B) an entity granted the power of eminent domain under law; or
(2) the elimination of urban blight on a particular parcel of property.
(b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.
(c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house.
(d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.
WE ALSO HAVE ARTICLE I § 33 - BEACH ACCESS
Sec. 33. PUBLIC ACCESS TO AND USE OF PUBLIC BEACHES. (a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law.
(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.
(c) The legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.
(d) This section does not create a private right of enforcement.
As to (d), while no private right of enforcement, Article I, § 29, allows for a court to declare void any action by the county in violation of § 33.
If a private advocacy group comes in to protect the people of Boca Chica city, Space X can find itself in years of litigation, thereby delaying its progress.
It is clear to me Space X either did not check the law before it tried to strong arm these residents, or they are confident the fascist legal system will insure the merging of the courts and private concerns regardless of our constitutional guarantees.

I'M OFF

This morning the brain neurosurgeon finally was given the CT Scan.  He has surgery today and tomorrow.  I was given an emergency appointment for Wednesday.  Now to find a driver.  My roommate's son will for sure say yes. 

I have no idea what he will do or how long I will be there.  I am also packing for leaving from San Antonio to NY.  My options range from resetting the value to a lower number, to draining the fluid from brain and resetting the valve to redoing the surgery.  I have no idea what will happen until I see him on Wednesday.  If he does not hold me I should be back late Thursday unless I leave for NY from San Antonio.


THIS SHOULD BE AN OLYMPIC SPORT

Sunday, September 22, 2019


IS ERASMO CASTRO A COMPLETE MORON, OR IS HE JUST OUTRIGHT CORRUPT?

Judge Estela Chavez-Vasquez oversees DWI cases in Cameron County.  Castro's DWI has yet to be assigned to a court.  It can very well go to Judge Chavez-Vasquez's court.  She is up for reelection in 2020.  Naturally Castro invites her onto the his podcast for free publicity.  Now he will deny knowledge of this but there is no way the invite went out without his knowledge.  From Barton to Judge Chavez who could be assigned Castro's case.  Actually this is to anyone running for office. "So, if you're running for office"

The choice is Barton and Castro are complete idiots, or trying to buy the influence of a judge.  Only they know the  answers  And yes Jim I can connect the dots.  You invited a judge up for reelection to the podcast for free publicity knowing full well she could be assigned Castro's case.


Barton does note Judge Chavez has not even read his invite.  I am certain she is smart enough to not even respond.  But she has a legal duty to turn the communication over to the DA, and the FBI to determine if there was an attempt at influence peddling.  If she is assigned the case she must recuse herself.

The ball is now in Judge Chavez's court to distance herself from this matter, and turn over the communication to the DA and FBI.  Anyone who appears on the podcast who is seeking a law enforcement position, would be a complete idiot.  Castro is pending the filing of criminal charges.  Law enforcement cannot have anything to do with him.

MY STATUS

I am on hold for NY.  My sister wants us to hold a bit before gathering.  My PCP at the VA is trying to work out something with the brain neurosurgeon.  As it turns out no one will do anything with me unless I am on the verge of a brain hemorrhage.  I have no idea why the brain surgeon is ignoring me.  It could be that the staff up front withheld the CT scan from him until the end of Friday even though they has it at 10:43.  On Monday he is in surgery all day.

They are working on it while I mostly remain in bed.  It is possible he just has no idea the scan showed the surgery failed.