Gilbert Calls on Staples To Release Legislative Records

TYLER–Hank Gilbert, the Texas Democratic Party’s nominee for Agriculture Commissioner, Tuesday questioned what Todd Staples was hiding in the files from his days as a member of the Texas House and Texas Senate–which are sealed in perpetuity at Staples’ request.

Many records from Staples’ days as a State Representative and State Senator housed in the custody of the Texas State Library and Archives Commission–particularly correspondence from lobbyists, constituents, business people, contributors, and even the Texas Legislative Council sent to Staples’ House and Senate offices–are sealed in perpetuity–meaning no Texan will ever be able to gain access to the records for the entire future of recorded human history, Gilbert noted.

Texas law permits legislators to seal these documents partially, for a specified period of time, or forever. Gilbert questioned what was in the files that was so damning that Staples decided no one would ever be able to see it.

“Existing law allows confidential information of his constituents–like their names, addresses, phone numbers, emails, Social Security Numbers, etc. to be redacted from those documents when they are open to viewing by the public, so there seems to have been no need for him to seal them forever unless he was truly trying to hide something,” Gilbert said.

Staples’ legislative records join his tax returns and records concerning a vehicle purchased with campaign funds as the latest in a series of Staples’ records the incumbent Agriculture Commissioner is attempting to hide from public view.

“What could be in the records that is so damning to Staples,” Gilbert asked. “Aside from a letter from Harold Simmons reminding him exactly how much money he contributed to purchase Sleazy Staples’ vote to build a radioactive waste dump in Texas, the guess of the good citizens of Texas is as good as mine,” Gilbert said.

Gilbert also called on Staples to immediately drive the Suburban he claims he did not purchase with campaign funds over to the Texas State Archives, and sign the necessary documentation to release the files to the public in their entirety. “And, while he’s at it, he should swing by Kinkos, copy his tax returns, and drop them off at the Austin American-Statesman,” Gilbert said.

“To put this into perspective, think of two of the most secretive presidents in U.S. history–Richard M. Nixon and George W. Bush; if you go to their presidential libraries or the National Archives and request to see correspondence, with the exception of something relating to national security, you’re going to by and large get to see what you ask for,” Gilbert said. “To think that Staples has more to hide than either of those two guys is downright frightening,” Gilbert said.

Gilbert also said it was sleazy of Staples to ask for taxpayers to foot the bill for the indexing, preservation, archiving, and perpetual storage of Staples’ secret records. “As Texans, we proudly pay our fair share to make sure that the records of our government are archived for the benefit of our children and our children’s children. Texans don’t look kindly on having to pay to keep someone’s records a secret forever,” he concluded.

FACT SHEET
Staples Keeps It A Secret, Others Don’t

FACT: Pursuant to the provisions of the Texas Government Code (Chapters 306 and 323), state legislators may close correspondence with their constituents—which includes, essentially, any and all correspondence to their legislative offices—and correspondence between legislators and the Texas Legislative Council from view for a select period of time or permanently.

FACT: A number of prominent recent state senators elected not to close their records as Staples has:

Texas Land Commissioner and former State Sen. Jerry Patterson placed no restrictions on the viewing of his legislative correspondence. [SOURCE]

Former State Sen. Ken Ambrister did not close his records when he left the senate and went to work for Governor Perry [SOURCE]

FACT: Staples’ predecessor in the Senate, former Sen. Drew Nixon, did not close access to his senatorial records. [SOURCE]

FACT: Among the things Staples may not want constituents to see in his Senate archives are correspondence between him and corporate raider Harold Simmons, who lobbied fiercely to see legislation passed that would allow the construction of a low-level radioactive waste dump in Texas.

FACT: As a State Senator, Todd Staples voted to allow radioactive waste from other states to be dumped in Texas–after taking huge sums of money from the CEO of the company which would benefit from the waste dumps in Texas. In 2003, Staples voted for House Bill 1567, which allowed for the disposal of low-level radioactive waste from Maine and Vermont to be disposed of in Texas. Staples voted for the bill not once, but twice–including to adopt the conference committee report for a Conference Committee on which he sat. [Senate Journal, 78th Texas Legislature, Regular Session, 78th Day, Monday, May 26, 2003, p.2442; Senate Journal, 78th Texas Legislature, Regular Session, 64th Day, Wednesday, May 7, 2003, p. 1424]

FACT: While in the Legislature, Staples was one of the top recipients of money in the state from billionaire corporate raider Harold Simmons, who controlled Contran and Valhi, and Waste Control Specialists–the company which would have stood to benefit from Texas allowing for the disposal of low-level radioactive waste. Between 1997 and 2000, Staples took more than $12,000 from Simmons, according to the non-partisan watchdog group Texans for Public Justice. While running for Agriculture Commissioner in 2006–and after he voted Simmons’ way in the Senate, Staples scored another $7,000 from Simmons, according to the Texas Ethics Commission.

TYLER—Hank Gilbert, the Texas Democratic Party’s nominee for Texas Agriculture Commissioner, Wednesday assailed incumbent Commissioner Todd Staples for what he called “stupid, look-at-me political tricks” designed to make Texans believe the incumbent is actually doing something to help increase broadband connectivity in Texas.

Gilbert’s comments came hours after Staples made a significant production of unveiling a map of Texas illustrating areas that have and do not have broadband access.

“That map will do nothing for people without broadband access,” said Gilbert (D-Whitehouse). “I’m sure people on landline modems will be grateful to Todd—after the 45 minutes it takes them to actually view the map to determine, sure enough, that their area isn’t served by broadband,” Gilbert continued.

“This is yet another stupid, sleazy, ‘look-at-me’ political trick designed to cover up the fact that he’s one of the best at wasting tax money in the history of the state,” he noted.

Gilbert also questioned why Staples was only now, in an election year, making an issue of increasing broadband access in Texas.

“Aside from the fact that he considers the federal stimulus dollars for broadband an excuse to gain further name recognition, what has Todd Staples really done to increase broadband connectivity in Texas,” Gilbert asked. He also questioned why TDA officials have said publicly, in the weeks prior to the map’s unveiling, that they didn’t know what areas of Texas were not served by broadband or high-speed internet access.

“It is a sad day when the agency and commissioner in charge of making sure rural areas get broadband don’t know which areas are underserved. It’s even more sad that the TDA had to depend on a public-private partnership with a non-profit agency to figure it out. I don’t think it will come as a surprise to anyone that telecom companies have far more granular information on existing service areas,” Gilbert said.

“Based on the information available on the website Staples is touting, anyone with a pulse, vocal chords, and the ability to dial the keys on a telephone could have collected this information from providers. I don’t see why it has taken Todd Staples nearly four years to do this,” Gilbert said.

Gilbert also noted that the benefits of bringing broadband to underserved areas of Texas has been widely known and circulated for several years. “A study released two years ago showed that a one-percent increase in Texas broadband penetration would bring 21,000 new jobs to Texas and that a three-percent increase would mean 63,000 new jobs for Texas. Why didn’t he bother to do something in 2007 when these figures were revealed,” Gilbert continued.

The Democrats’ nominee also noted that, even without stimulus funds being available in 2007, incumbent Staples could have done more to increase broadband penetration. “Todd Staples could have done far more to encourage telecom companies to reach these underserved areas. He didn’t have to wait for federal stimulus funds to roll down from Washington to ease out of his perpetual state of inertia and snap into action,” he said.

Finally, Gilbert why it took TDA was generally dragging its feet on broadband projects. “Staples announced last August that the agency was in partnership with the same organization that was a party to today’s release. At that time, they had just finished surveying local governments on broadband access. That was supposed to lead to the designation of priority broadband corridors. To my knowledge, TDA hasn’t done anything about that,” he said.

“Todd Staples hasn’t done one concrete thing about biofuels and alternative energy since he’s been in office. These two commissions actually came in the form of a legislative mandate; he didn’t create them himself. Now that it is an election year, he’s just using it as an excuse to make it look like he was doing something worthwhile for the past three years,” Gilbert concluded.

FACT SHEET

Rural Broadband: Another Excuse For Todd Staples To Look Busy

FACT: Todd Staples’ staff publicly admitted that they wouldn’t know what areas of Texas really needed broadband service until a non-profit operating in a public-private partnership with the state provided them a map showing those areas. [“Boosting Broadband,” TriBlog, The Texas Tribune. June 2, 2010. LINK]

FACT: The finding that a one-percent increase in Texas broadband penetration would bring the state 21,100 new jobs, while a three-percent increase would result in 63,300 new jobs was widely publicized as far back as the summer of 2007. [“The Effects of Broadband Deployment On Output and Employment: A Cross-Sectional Analysis of U.S. Data.” Robert Crandall, William Lehr, and Robert Litan. Issues In Economic Policy, No. 6. July 2007. LINK]

FACT: The magical broadband data maps touted by Todd Staples were not crafted in any special or complicated way. It was simply a compilation of data provided by service providers:

This map, as of May 28, 2010, includes data provided by 123 Texas high-speed Internet providers. In Texas, 97% of households have access to terrestrial fixed broadband service of at least 768Kbps downstream and 200Kbps upstream (excluding mobile and satellite services) – leaving approximately 258,000 unserved households – or 3% – that do not have access to a fixed wireless or wired broadband service offering. With mobile broadband service included, 99% or 7.35 million Texas households have access to broadband service of at least 768Kbps downstream and 200Kbps upstream. [Connected Texas: Interactive Map. LINK.]

Although the maps provide interactive components, the data itself came from service providers, which could have easily been compiled by TDA staff.

FACT: Todd Staples’ office noted almost a year ago that his agency had completed a survey of local governments relating to broadband access which would allegedly lead the department to develop a list of “priority broadband corridors” to help guide recommendations for federal Broadband Technology Opportunities Program (BTOP) grants. To date, the agency has announced no such corridors. [Texas Department of Agriculture Press Release, August 12, 2009. LINK.]

“I can’t for the life of me figure out what this has to do with agriculture,” said Staples’ opponent, Hank Gilbert (D-Whitehouse). “The last time I checked, marriage and divorce played absolutely no role whatsoever in the price of cotton, sorghum, or corn,” he continued. “One would think Todd Staples would focus his energies on actually improving agriculture in Texas, but instead, he’s focused on yet again bashing the LGBT community and their families in an effort to shore up his erosion in his right wing base. I’m sick and tired of politicians masking their terrible job performance by using our citizens as a punching bag,” he noted.

Gilbert pointed out that, under Staples tenure, a number of major agricultural crops in Texas declined. “Cotton, hay, sweet potatoes, and peanuts all declined in production during Todd Staples’ tenure as Agriculture Commissioner, yet he’s done little to help improve conditions for these farmers,” Gilbert said.

Gilbert’s statements came as Texas’ Fifth District Court of Appeals in Dallas heard arguments in a Dallas County divorce case in which a state district judge granted a same-sex couple married in another state a Texas divorce. In a stunning waste of taxpayer funds, Texas Attorney General Greg Abbott appealed the decision, and Staples and State Rep. Warren Chisum (R-Pampa) filed, with the assistance of Plano-based Liberty Legal Institute, filed an amicus brief in support of Texas’ constitutional ban on same-sex marriage.

“I’m not sure what benefit Todd Staples will get aligning himself with a right-wing think tank that sued the state of Alaska to stop an investigation into former Governor Sarah Palin’s abuse of power, but one thing is clear: Texas agriculture doesn’t benefit from this at all,” Gilbert said.

“While Todd Staples worries about gay marriage, Texas food security is at stake. When Texas produces less crops, that means we have to import them from other states or even other countries,” Gilbert noted. “Staples needs to be doing something about shrinking agricultural production and what that means for food safety, not filing briefs in a bunch of lawsuits that don’t involve him or his department,” he continued. “Finally, there’s the basic issue of human decency. It’s time Todd Staples stop bashing LGBT Texans. Todd’s already been a critical player in denying equality to LGBT Texans, why continue to demonize them?, ”

-30-

FACT SHEET

FACT: During Todd Staples tenure as Agriculture Commissioner, the number of acres of cotton planted and harvested has declined.

In 2006, before Staples took office, Texas planted 6,431 thousand acres of cotton and harvested 4,130 thousand acres of cotton. In 2007, the number of acres planted fell to 4,925 thousand acres, and rose scantly to 5,015.16 thousand acres in 2008 and 5,018 thousand acres planted in 2009. [SOURCE: USDA National Agricultural Statistics Service]

FACT: During Todd Staples’  tenure as Agriculture Commissioner, the number of acres of hay harvested has declined.

In 2007, Texas farmers harvested 5,340 thousand acres of hay. As of 2010, Texas farmers harvested only 4,800 thousand acres following low points of 4,430 and 4,620 thousand acres harvested in 2008 and 2009 respectively. [SOURCE: USDA National Agricultural Statistics Service]

FACT: During Todd Staples’  tenure as Agriculture Commissioner, the number of acres of peanuts planted has declined significantly.

In 2008, Texas farmers planted 257 thousand acres of peanuts. In 2009 and 2010, that number dropped. As of 2010, Texas farmers planted only 155 thousand acres of peanuts. [SOURCE: USDA National Agricultural Statistics Service]

FACT: During Todd Staples’ tenure as Agriculture Commissioner, the number of acre of sweet potatoes planted has declined significantly.

In 2006, before Todd Staples took office, Texas farmers planted 2.2 thousand acres of sweet potatoes. By 2010, that number-after falling every year-hit 1.3 thousand acres. [SOURCE: USDA National Agricultural Statistics Service]

FACT: Liberty Legal, the non-profit legal partnership representing Todd Staples before the Fifth District Court of Appeals, also represented legislators suing the state of Alaska to stop an investigation into then-Governor Sarah Palin’s firing of a public safety official [SOURCE: Anchorage Daily News, October 2, 2008, LINK]

Says Department Of Agriculture “Didn’t Single Out” Any Program For Cuts

TYLER—Texas Agriculture Commissioner Todd Staple was caught lying about cuts to programs to feed elderly and disabled Texans during a recent interview with a Tyler television station.

During an interview on “East Texas Live,” the morning show on Tyler NBC affiliate KETK-TV last Thursday, Staples was asked about specific budget cuts proposed by the Department of Agriculture to the Legislative Budget Board. Staples lied and claimed no specific programs were singled out for cuts. In the interview, when asked about cuts to programs affecting senior citizens, Staples noted:

STAPLES: At the Department Of Agriculture, we looked internally and came up with about half of those necessary reductions to propose to the LBB to consider, and then we didn’t single any program out; we just went across the board, because the grant programs are so diverse and so broad and we do have many needs in this state, and our stakeholders do understand that.

“Todd Staples is lying,” said Hank Gilbert, the Democratic Party’s nominee for Agriculture Commissioner. “He says his department didn’t single out any program for cuts, yet his Department’s February 15 letter to the Legislative Budget Board singled out more than 15 separate and distinct cuts to Department of Agriculture programs—including home delivered meals,” Gilbert noted.

Of these more than 15 proposed cuts, cuts to the Department’s Home Delivered Meals program were the largest. According to documents submitted to the Legislative Budget Board, Staples’ agency proposed cutting $2 million from the program.

“The Home Delivered Meals program is a vital service provided to the neediest Texans among us who deserve to be treated with dignity and respect and not as a number in a spreadsheet during the worst economic crisis in 70 years,” said Gilbert.

Later in the same interview, Staples actually claimed he was working to expand the Meals on Wheels program.

“How can Todd Staples make this claim? In one breath, Staples is talking about expanding the program, and in the next he is talking about the cuts that his agency is making while claiming that they were not directed at any specific program, which isn’t even true. That is double-speak and obfuscation at its finest, and Texans are sick and tired of this kind of this kind of weak-kneed phony fiscal conservatism from their elected officials,” said Vince Leibowitz, spokesperson for the Gilbert campaign.

FACT SHEET

Todd Staple: From Both Sides Of His Mouth

FACT: Todd Staples claimed that his department didn’t single out any specific programs for budget cuts in a TV interview last week. [SOURCE]

FACT: The Department of Agriculture submitted more than 15 proposed cuts to the Legislative Budget Board on February 15. Those cuts included $2 million from the Home Delivered Meals Program. [SOURCE]

FACT: The largest proposed cut was to the Home Delivered Meals Program. [SOURCE]

Lies About Record Of Protecting Property Owners

TYLER-Texas Agriculture Commissioner Todd Staples last week dodged and weaved his way around questions about his role in helping establish the Trans-Texas Corridor, the disastrously unpopular tollway project originally slated to include more than 8,000 miles of quarter-mile wide tollways and take hundreds of thousands of acres of Texas farm and ranchland from its owners through eminent domain.

Staples made the comments last Thursday during an interview on “East Texas Live,” the morning show on Tyler NBC affiliate KETK-TV.

When asked about comments made during the primary by Democratic contenders in the Agriculture Commission race about Staple’s role in creating the Trans-Texas Corridor, Staples dodged the question:

QUESTION: [By Interviewer] We want to get to some comments that Kinky Friedman made on this show about the Trans-Texas Corridor and your role in that, can you tell us a little bit about it?

ANSWER: [By Staples] You know Kinky is funny, but he has a little issue telling the truth on that matter…The facts are these though: I have a very strong record protecting the rights of both home and land owners. I’ve been supported by the Texas Farm Bureau, Texas and Southwestern Cattle Raisers Association….and Texas Realtors because of the number of years I’ve worked on behalf of land and property owners.

Later in the interview, Staples also noted that, “I have worked on legislation to protect landowners and look forward to continuing that work.”

The reality, however, is very different from Staples’ claims.

“Todd Staples is dodging the issues. He doesn’t want to talk about the Trans-Texas Corridor because his voting record speaks for itself. He voted for HB 3588, the bill that created the underlying legal framework for the TTC and privatized toll roads. He also authored legislation to allow TxDOT to leverage even more money for the development of toll roads, irresponsibly allowing TxDOT to create enough debt to sink every taxpayer in this state,” said Hank Gilbert (D-Whitehouse), the Texas Democratic Party’s nominee for Texas Agriculture Commissioner.

Gilbert also said that Staples’ self-proclaimed record of “working on legislation to protect landowners,” is non-existent.

“Where is his record of working on legislation to protect landowners? If he was so adamant about protecting land and property owners, why-during his three terms in the Texas House and one term in the Texas Senate-did he not author and pass a single bill relating to property owner’s rights or to help protect property owners from eminent domain,” Gilbert inquired.

In addition, Gilbert said Staples’ effusive praise of the recently passed Proposition 11, a constitutional amendment passed by Texas voters in 2009, was misguided.

In the KETK interview last Thursday, Staples noted about Proposition 11: “what it said was that if you have to use eminent domain, it can only be done for a truly public purpose.”

“Proposition 11 contains a massive loophole,” Gilbert noted.” Proposition 11 allows the Texas Legislature to pass laws granting eminent domain authority to entities without specifying exactly what types of entities could be granted these powers. It could even include private corporations,” Gilbert noted. “Staples is willfully ignoring that loophole in a desperate attempt to deceive voters regarding his role in helping to sell out roads to private corporations,” Gilbert continued.

FACT SHEET

Staples’ Record On TTC, Property Rights, Speaks For Itself

FACT: Todd Staples voted for HB 3588, the legislation that created the Trans-Texas Corridor. [SOURCE: Senate Journal, 78th Texas Legislature, pp. 3044, 5047]

FACT: Todd Staples was slow to criticize the Trans-Texas Corridor-until Hank Gilbert made the Corridor an issue in his 2006 run for Texas Agriculture Commissioner. Staples’ own website includes news articles quoting Staples as failing to criticize the project in early January of 2006:

“Staples did not criticize the Trans-Texas Corridor…” [Tyler Morning Telegraph, January 24, 2006, via Todd Staples campaign website [LINK]

AND

“Change brings about cause for concern,” Sen. Todd Staples, R-Palestine, chairman of the Senate Committee on Transportation and Homeland Security, said Wednesday.

“We know there’s a mobility crisis in Texas today,” Staples said. “The status quo won’t do. Change must occur. We want change to occur in the most user-friendly manner as possible.” [SOURCE: Lawmakers taking critical look at Trans Texas Corridor, Associated Press State & Local Wire, February 9, 2005.]

FACT: Todd Staples never, during his tenure in the Texas House or Senate, authored or passed legislation to protect property or landowners from eminent domain abuses. [SOURCE: Bills Authored By Todd Staples, 74th Texas Legislature; 75th Texas Legislature; 76th Texas Legislature; 78th Regular Session, Texas Legislature; 79th Texas Legislature.

FACT: Todd Staples authorized legislation which would have expanded the ability of the Texas Department of Transportation to fund construction of toll roads. [SOURCE: Senate Bill 1706, 79th Texas Legislature]

This fact was noted by the media:

“Staples’ bill removes an $800 million-a-year lid on tax subsidies of toll roads…” [SOURCE: Austin American Statesman, May 12, 2005]

FACT: Proposition 11 does not stop the taking of property through eminent domain unless it is for a “truly public purpose,” as Todd Staples claims. In fact, Proposition 11 could increase the number of entities that could be granted authority to use eminent domain, and allows the Legislature to enact legislation granting eminent domain power to an “entity” without defining what types of “entities” are eligible for such legislation. Private corporations could benefit from this amendment. [SOURCE: Focus Report: Amendments Proposed For November 2009 Ballot, House Research Organization, Texas House of Representatives, August 20, 2009, p. 27]

Notes Perry, Staples Are Wrong On Global Warming

TYLER—Hank Gilbert, the Texas Democratic Party’s nominee for Agriculture Commissioner, Thursday night slammed Texas Governor Rick Perry for continuing to perpetuate the falsehood that the Environmental Protection Agency’s finding that greenhouse gases represent a public health threat will harm Texas agriculture.

“Controlling greenhouse gas emissions will not harm Texas agriculture. On the contrary, reducing greenhouse gas emissions and controlling global warming will actually benefit Texas agriculture,” Gilbert said.

Gilbert made his remarks in response to a letter Perry released today asking Congressional leaders to rescind a December 2009 EPA finding that greenhouse gasses are a threat to public health.

“Governor Perry and Commissioner Staples are both trying to perpetuate baseless, unsound, talking points in the hope that the myth will become truth,” Gilbert said. “The facts, however, speak for themselves.”

A 2009 report by the U.S. Global Change Research Program, program that coordinates and integrates federal research on environmental change for 13 federal agencies, concluded that changes caused by global warming would negatively impact agriculture. Its findings included noting that higher levels of warming would negatively affect growth and yield; extreme weather events are likely to reduce crop yields; forage quality in pastures and rangelands generally decline when carbon dioxide concentration increases; and that increased heat, disease, and weather extremes are likely to reduce livestock productivity.

“Texas farmers and ranchers can’t afford a governor and Agriculture Commissioner that are willing to ignore the facts about global warming,” Gilbert continued.

Last week, Staples called the EPA’s decision “unnecessary government meddling” in a blog post on the Texas Department of Agriculture’s official blog. He previously claimed the EPA decision will “drive the hard-working agriculture producers who provide us with the safest, most abundant food supply in the world out of business.”

“The reality is that agriculture stands to gain substantial new sources of income from efforts to reduce carbon load in the atmosphere. U.S. Agriculture Secretary Tom Vilsack has estimated that annual net returns to farmers will range from about $1 billion per year in 2015 through 2020 to almost $15 to $20 billion in 2040 through 2050,” Gilbert said.

“Todd Staples and Rick Perry are using agriculture as a patsy in the climate change battle. They are trying to inflame the agriculture community in order to distract from the fact that only real polluting industries will actually be penalized by legislation to reduce carbon load in the atmosphere. Agriculture will not be harmed. Staples and Perry realize that by using agribusiness as a patsy in this way, they can inflame more people and create a diversion,” Gilbert said.

FACT SHEET

Perry, Staples Perpetuate Myth That EPA Decision Will Hurt Agribusiness In Texas

FACT: Agriculture Commissioner Todd Staples claims that clamping down on greenhouse gas emissions will harm Texas agriculture:

The EPA’s approach that we challenged today will drive the hard-working agriculture producers who provide us with the safest, most abundant food supply in the world out of business. [SOURCE: Official Blog of Texas Agriculture Commissioner Todd Staples, LINK]

Staples has also called the EPA’s determination that greenhouse gasses are harmful to public health “unnecessary government meddling:”

Unnecessary government meddling only drives out investors and provides a disincentive to do business in a particular locale, which ultimately hurts consumers. [SOURCE: Official Blog of Texas Agriculture Commissioner Todd Staples, LINK]

FACT: Global warming other problems caused by greenhouse gas emissions will harm Texas agriculture:

Many crops show positive responses to elevated carbon dioxide and lower levels of warming, but higher levels of warming often negatively affect growth and yields.

Extreme events such as heavy downpours and droughts are likely to reduce crop yields because excesses or deficits of water have negative impacts on plant growth.

Forage quality in pastures and rangelands generally declines with increasing carbon dioxide concentration because of the effects on plant nitrogen and protein content, reducing the land’s ability to supply adequate livestock feed.

Increased heat, disease, and weather extremes are likely to reduce livestock productivity. [SOURCE: Global Climate Change Impacts In The U.S., U.S. Global Research Program, LINK]

FACT: America’s farmers and ranchers will benefit greatly benefit from carbon offsets:

U.S. Agriculture Secretary Tom Vilsack notes, “… creation of an offset market will create opportunities for the agricultural sector. In particular, our analysis indicates that annual net returns to farmers range from about $1 billion per year in 2015-20 to almost $15-20 billion in 2040-50, not accounting for the costs of implementing offset practices.

[…]

What does this mean for the individual farmer? A Northern Plains wheat producer, for example, might see an increase of $.80 per acre in costs of production by 2020 due to higher fuel prices. Based on a soil carbon sequestration rate of 0.4 tons per acre and a carbon price of $16 per ton, a producer could mitigate those expenses by adopting no-till practices and earning $6.40 per acre. So, this wheat farmer does better under the House passed climate legislation than without it. And, it’s quite possible that this wheat farmer could do even better if technologies and markets progress in such a way that allows for the sale of wheat straw to make cellulosic ethanol. [SOURCE: U.S. Department of Agriculture Press Release No. No. 0331.09; July 22, 2009 LINK]

To view the PDF copy of the Press Release, you will need Acrobat Reader. Download it from Adobe’s website.

A Message From Hank

Click here to download Hank's Plan for funding K-12 Education Reform in Texas in PDF format

In September when I entered the race for governor of Texas, I unveiled a bold, common-sense reform package for k-12 education in Texas. At that time, I announced that I would unveil a funding plan for those reforms later in the year. I did this because I wanted to insure that the ideas and policies—not the minutiae associated with the funding—was the key story.

Now that Texans have had the opportunity to assess my policy proposal, I am announcing what I believe to be the best plan to fund my package of k-12 education reforms.

Whether this plan becomes reality ultimately depends upon Texas voters. Each of you will have the opportunity to go to the polls and approve the necessary constitutional amendments to make part of this plan work.

In order to fund improvements to public education in Texas, bold new ideas are needed. With Texas facing a record budget shortfall in the next biennium, I believe this plan is the most appropriate.

Sincerely,

Hank Gilbert

New Revenue Is Needed To Fund Improvements In K-12 Public Education In Texas.

Hank proposes three separate revenue streams to generate new funding to support primary and secondary education initiatives:

• A “Big Box” Tax. Hank proposes a gross receipts tax on retail stores that have more than $20 million in sales annually and a tax exemption deal from local entities.

• Internet Sales Tax Fairness. Hank proposes legislation mandating that Internet retailers operating “affiliate programs” in Texas and making more than $10,000 in annual sales through in-state affiliates charge Texas sales tax to Texas residents.

• Operation Of Racinos and Destination Resort Casinos in Texas. Hank proposes allowing existing Texas racetracks to be licensed to operate full casinos, and that the state grant a small number of permits for destination resort casinos.

The “Big Box” Tax.

Hank proposes a gross receipts tax on retail stores that have more than $20 million in sales annually.

Although “big box” retailers such as Wal-Mart, Target, and Sam’s Club bring benefits to Texans (such as convenience and good product selection), they also take a tremendous toll on local small businesses and the overall Texas economy. For example, the employees of big-box retailers are often paid low wages and provided healthcare that is too expensive for low-income families to afford. In fact, Wal-Mart, Dillards, Home Depot and Sears ranked among the top 20 employers in Texas in terms of the number of children of employees served by the state’s Children’s Health Insurance Program[1].

In addition, these out-of-state corporations often are exempt from local property taxes, directly removing critical revenue that could go to local public schools.

Under Hank’s plan, a retail gross receipts tax would be imposed on sellers from a single taxable establishment in Texas with gross receipts from the retail sales of consumer goods exceeding $20 million per calendar year.

Establishments generating over $20 million in sales up to $30 million would be taxed at one percent. Those generating between $30 million and $40 million would be taxed at a rate of one and a half percent. “Big Box” retail establishments generating over $40 million would be taxed at two percent.

Electricity, farm machinery, gasoline, and motor vehicles, would be excluded from calculations.

PROJECTING REVENUE: While projected revenue from such a gross receipts tax is difficult to calculate without significant study, one can easily see the potential fiscal impact such a revenue stream would have on the state budget.

As of October, 2009, Texas had 444 Wal-Mart stores and Sam’s Club retailers of varying type[2]. If we assumed that each of these stores generated $20,000,000 in gross receipts annually[3], that totals $8.88 billion dollars in annual taxable gross receipts. One percent of this total is $88.8 million in new tax revenue for Texas.

Internet Sales Tax Fairness.

Hank proposes legislation mandating that Internet retailers operating “affiliate programs” in Texas and making more than $10,000 in annual sales through in-state affiliates charge Texas sales tax to Texas residents.

Under Hank’s plan, Internet retailers such as Amazon.com and Overstock.com operating “affiliate programs” within Texas (whereby affiliates post advertisements on their websites and receive a commission from sales) would be required to charge Texas residents Texas sales tax if the retailer made over $10,000 in annual sales from Texas in a calendar year. Under Hank’s proposal, individual entrepreneurs such as those who sell items on E-Bay would be exempt from these taxes.

PROJECTING REVENUE: New York state, which enacted its so-called “Amazon tax” in 2008, estimated the state would see as much as $60 million in new revenue from the tax[4].

How much tax revenue is generated from such a tax in Texas would depend upon the current tax rate as well the annual sales in the state by the retailer. The New York model is an appropriate barometer because New York, Texas, and California are the nation’s most populous states.

Operation Of Racinos and Destination Resort Casinos in Texas.

Hank proposes allowing existing Texas racetracks to be licensed to operate full casinos, and that the state grant a small number of permits for destination resort casinos.

Under Hank’s plan, the state’s 13 existing racetracks would be allowed to be licensed to operate full casinos (“racinos”) in conjunction with their racing operations. Under Hank’s plan, instead of allowing the casinos to be licensed only to operate Video Lottery Terminals, the tracks would be allowed to operate full casinos including table games such as roulette and card games such as poker.

In addition to allowing casino gambling at the state’s 13 existing racetracks, under Hank’s plan, three Native American tribes in Texas—the Kickapoo (Eagle Pass), Alabama-Coushatta (Livingston) and Tiguas (El Paso) would be allowed to operate full casinos.

Hank’s plan also includes allowing licenses for up to three destination-style resort casinos in Texas. Under Hank’s plan, the legislature would determine the locations in which destination-style resort casinos could be built (such as the Gulf Coast, the Dallas/Fort Worth Metroplex, or the Rio Grande Valley).

PROJECTING REVENUE: This plan will bring well in excess of $1 billion in annual revenue to the state. With just VLTs at existing racetracks and on reservations, with a tax rate of 30 percent, it is projected the state would receive $1 billion in annual revenue from the casinos themselves as well as from secondary sources associated with the full economic impact of the casinos[5]. Allowing full gambling operations as Hank proposes would likely generate significantly more revenue than this.

In 2007 alone, Texas leaked nearly $2.4 billion dollars in revenue to other states with casino gambling. $1.016 billion went across our eastern border into Louisiana while another $478 million went north to Oklahoma. With VLTs alone at racetracks, it was projected that Texas would recapture $1.830 billion in leakage to other states and generate $1.531 billion in new revenue[6].

[2] Wal-Mart Stores. [SOURCE]

[3] $20 million in annual sales for a single location would equal roughly $55,000 in sales per day.

[4] New York Sun [LINK]

[5] The Economic and Tax Revenue Impact of Texas Racino Gambling,  Texans for Economic Development. February, 2009.

[6] ibid

AUSTIN—Any naysayers who still doubt that Democratic gubernatorial candidate Hank Gilbert’s transportation funding plan is the best solution for Texas should look no farther than recent statements made by Democratic and Republican lawmakers.

“Recent statements by lawmakers from both sides of the aisle show that our plan is the common-sense plan,” Gilbert said. “Our plan will work, and the fact that lawmakers are discussing similar plans shows that I’m the only candidate in this race who can address Texas’ transportation needs head-on, with an honest solution,” Gilbert continued.

On Tuesday, members of the House and Senate’s transportation committees meeting in El Paso suggested that an increase in the gas tax was a viable alternative for transportation funding.

“State Senators John Carona and Dan Patrick—two Republicans, one who fought with me to stop the Trans-Texas Corridor and another who is ideologically my polar opposite in almost every other way—are talking about raising the gas tax being the best solution to the problems we are facing today,” Gilbert continued.

Late last month, Gilbert unveiled a bold, comprehensive transportation reform plan, “Getting Texas Moving Again,” which proposed a modest 8-cent gas tax increase followed by indexing the gas tax to the Highway Cost Index.

FACT SHEET

Legislators Offer Plans Similar To Gilbert; Agree Gas Tax Is Best Alternative

Many lawmakers in Texas agree that a gasoline tax of some form is the best option for funding Transportation infrastructure in Texas:

STATE SEN. JOHN CARONA (R-DALLAS)

“As Chairman of the Senate Committee on Transportation and Homeland Security, I can attest that the only near-term answer to the transportation funding dilemma we are facing is to raise and index the gas tax. Stopping the diversion of gas tax revenues for other legislative purposes, as is long overdue, will not alone solve the problem.” (Texas Monthly’s Burka Blog, October 21, 2009. [LINK])

STATE SEN. ELLIOT SHAPLEIGH (D-EL PASO)

“Whether it’s gas tax or local option, the result should be that we have enough money to build roads in communities like El Paso.” (Associated Press, November 12, 2009 [LINK])

STATE SEN. DAN PATRICK (R-HOUSTON)

One legislative measure Patrick said he supports is a slight increase to the state’s gas tax, and then an annual increase of one penny. (Dallas Morning News Dallas Transportation Blog, November 10, 2009. [LINK])

STATE REP. JOE PICKETT (D-EL PASO)

Pickett also said that he agrees with the essence of a new proposal that has been taking shape among transportation advocates from major metro areas. It calls for a statewide gas tax PLUS the option for counties to call elections to raise more locally. (Dallas Morning News Dallas Transportation Blog, November 10, 2009. [LINK])

[NOTE: It should be absolutely clear that indicating that Candidate Gilbert and lawmakers cited above are in general agreement on the gas tax increase implies neither that these lawmakers have endorsed Gilbert’s plans or that he endorses any of their specific plans.]

AUSTIN—Democratic Gubernatorial candidate Hank Gilbert unveiled a series of bold, common sense proposals addressing energy and the environment on Wednesday in Austin.

With Lady Bird Lake and the skyline of one of America’s ten greenest cities as his backdrop, Gilbert called for a statewide plan to address global warming, energy conservation, and renewable energy as well as a complete overhaul of environmental regulation in Texas.

“Environmental regulation in Texas is a maze that the average citizen has great difficulty navigating,” Gilbert said. “Depending upon the particular problem, an average person could be bounced back and forth between the Texas Commission On Environmental Quality and the Texas Railroad Commission several times before ultimately giving up. That must end,” he said.

Gilbert outlined a plan under which environmental regulation and oversight from several state agencies including the Texas Railroad Commission are combined with those of the Texas Commission On Environmental Quality under a new agency, the Texas Environmental Commission.

“The New Texas Environmental Commission will centralize environmental regulation and natural resource and energy conservation under one umbrella. This is the kind of common sense policy we need to protect our land, air, and water,” he continued.

In addition, Gilbert called for the issuance of a statewide plan to address global warming, energy conservation, and renewable energy.

“In the early 1990s, a joint legislative committee warned our state about the threats of global warming. To date, we still have no cohesive plan to address the issue of greenhouse gasses threatening the atmosphere over Texas. It is time to stop kicking the can down the road and address the problem now,” he said.

In terms of energy, Gilbert called for an elected Commissioner to head the Public Utility Commission and for increasing the state’s Renewable Portfolio Standard.

“Under current law, our state has a target of requiring electric providers to produce 10,000 mega-watts of energy from renewable sources by 2025. Already in Texas we have over 7,000 mega-watts of generation capacity coming from renewable energy. I’m calling for mandating that energy providers generate 20 percent of our state’s power from renewable energy by 2020,” Gilbert said.

Gilbert’s proposal also includes:

• Consolidating utility regulation under the Public Utility Commission of Texas. (currently natural gas regulation rests with the Texas Railroad Commission)
• Overhauling existing statutes and administrative regulations to hold polluters and regulated industries accountable to Texans.
• Incentives for increasing wind, solar, and biomass capacity.
• Raising energy efficiency standards for residential and commercial construction.
• Requiring the establishment of state energy standards for various appliances.
• Property tax incentives for homeowners who install solar panels on their homes, and eliminating the sales tax on the purchase and instillation of solar panels.
• Giving businesses a franchise tax deduction for the cost of solar and wind energy systems designed to power their businesses.
• Giving homeowners and businesses property tax exemptions for the appraised value of solar, wind, or biomass energy systems.
• Retooling the Texas Enterprise Fund to focus on bringing green jobs to Texas.
• •Retooling the Texas Emerging Technology Fund to focus on helping develop new green energy and environmentally sound technologies.
• Requiring all existing coal power plants to adopt cleaner technologies by 2017.
• Adopting strict standards for mercury and other pollutants from existing power plants and factories.
• A moratorium on permits for new coal power plants unless their emissions are captured and stored.
• Requiring cement production plants to reduce mercury emissions by 80 percent by 2014.
• Strict standards for underground disposal wells (commonly called injection wells).
• Mandatory use of purification technology for drilling waste to be disposed of through injection wells by 2020.
• A Surface Owner Protection Act.
• A constitutional amendment requiring all revenues generated by the Sporting Goods Sales Tax as well as other user fees and taxes presently dedicated to the park system to be so allocated.
• $150 million be allotted for the acquisition and development of new state parks and for the addition of land to existing state parks.

“We must protect our natural resources and significantly reduce pollution Texas’ carbon footprint. It’s time to go green, Texas,” Gilbert concluded.

FACT SHEET

Go Green, Texas

BY THE NUMBERS

Texas is the worst air polluter in the nation. (SOURCE: Congressional Quarterly’s State Fact Finder 2007)

Texas releases more volatile organic compounds into the air than any other state in the country. (SOURCE: ScoreCard.org )

Texas releases more toxic chemicals into water than any other state in the nation. (SOURCE: ScoreCard.org)

Texas ranks fifth in the nation in terms of toxic chemicals released into the air. (SOURCE: ScoreCard.org)

Texas releases more cancer-causing carcinogens into the air than any other state in the U.S.  (SOURCE: ScoreCard.org)

Texas ranks seventh out of the fifty states in terms of the number of cancer-causing carcinogens released into water. (SOURCE: ScoreCard.org)

Texas ranks second among the fifty states in the amount of hazardous waste generated and first in carbon dioxide emissions. (SOURCE: U.S. Environmental Protection Agency [LINK])

LAGGING BEHIND ON REDUCING OUR CARBON FOOTPRINT

In 1991, the Join Select Committee on Toxic Air Emissions and the Greenhouse Effect recommended, among other things, that the Legislature develop a plan for reducing greenhouse gas emissions and facilitating energy conservation. (SOURCE: Report to the 72^nd Legislature of the Joint Select Committee on Toxic Air Emissions and the Greenhouse Effect [LINK]). To date, the state has no such plans.

COAL

Texas coal power plants are among the dirtiest in the nation:

TXU’s Martin Lake Power Plant ranks first in the nation in terms of mercury pollution by pound. TXU’s Monticello, Big Brown, and AEP’s H.W. Pirkey plants rank 4th, 6th, and 7th respectively. (SOURCE: Dirty Kilowatts: America’s Most Polluting Power Plants, Environmental Integrity Project [LINK])

TXU’s Big Brown plant ranks 13th in the nation in terms of SO2 pollution by ton. (SOURCE: Dirty Kilowatts: America’s Most Polluting Power Plants, Environmental Integrity Project [LINK])

If existing Texas coal-fired power plants were required to meet federal New Source Performance Standards, emissions would be reduced as follows:

(SOURCE: Policy Options For Clean Air and Sustainable Energy In Texas, Texas Business For Clean Air. [LINK])

Most Texas coal power now emit several times above the EPA limits of various pollutants. However, they have been “grandfathered” because of their age. Requiring all existing plants to comply with current limits could reduce SO2 emissions by nearly 80% and yield significant reductions in NOx and PM. (SOURCE: Policy Options For Clean Air and Sustainable Energy In Texas, Texas Business For Clean Air. [LINK])

RENEWABLE PORTFOLIO STANDARD

About Texas’ Renewable Portfolio Standard: Texas first RPS was created as part of electric utility deregulation (Senate Bill 7) in 1999. It mandated that electricity providers collectively generate 2,000 MW of additional renewable energy by 2009. In 2005, the Texas Legislature increased the RPS to 5,880 MW by 2015 with a target of 10,000 MW in 2025. (SOURCE: State Energy Conservation Office, [LINK])

Texas’ Renewable Portfolio Standard contains far less ambitious targets than those set by other sates. (SOURCE: Policy Options For Clean Air and Sustainable Energy In Texas, Texas Business For Clean Air. [LINK])

By contrast, other states have much more ambitious standards:

New York: 24% by 2013; California: 20% by 2010; 33% by 2020; Maine: 40% by 2017 (SOURCE: Database of State Incentives For Renewables & Efficiency, North Carolina Solar Center, North Carolina State University [LINK])

AIR QUALITY

Ozone levels in all major Texas urban areas exceed the EPA’s 75 ppb 8-hour Ozone Average Standard. (Texas Commission On Environmental Quality).

Texas leads the nation in total CO2 emissions with 652 million metric tons of CO2,

representing 11% of CO2 emissions nationwide. (Energy Information Administration, U.S. Department of Energy. [LINK])

If Texas were a country, it would rank seventh ahead of Canada and United Kingdom in total CO2 emissions. (SOURCE: Policy Options For Clean Air and Sustainable Energy In Texas, Texas Business For Clean Air. [LINK])

WATER QUALITY

Seventeen water bodies in Texas are classified as “impaired” due to high levels of mercury concentrations in fish by the Texas Department of State Health Services. (Texas Commission On Environmental Quality. [LINK])

POTENTIAL IMPACTS OF GLOBAL WARMING ON TEXAS

Potential impacts of climate change in Texas include: rising sea level, loss of coastal wetlands, erosion of beaches, saltwater contamination of drinking water, and decreased longevity of low-lying roads, causeways, and bridges. (SOURCE: Policy Options For Clean Air and Sustainable Energy In Texas, Texas Business For Clean Air. [LINK])

ENERGY

Texas leads the nation in total electricity consumption, with 343 TWh of electricity sales in 2006. (SOURCE: Energy Efficiency & Renewable Energy/U.S. Department of Energy)

Per-capita, Texans consume more electricity than the national average (Figure 11) and more than twice the rate of some other states, such as New York, California, and Hawaii. (SOURCE: Energy Efficiency & Renewable Energy/U.S. Department of Energy)

Net electricity generation, by fuel, for 2007 was as follows for Texas: Coal, 37.4%; Wind, 2.9%; Nuclear, 13.4%; Other, 0.4%; Hydroelectric, 0.4%; Natural Gas, 45.5%. (SOURCE: Policy Options For Clean Air and Sustainable Energy In Texas, Texas Business For Clean Air. [LINK])

ERCOT manages the electricity market and brings electric power to 21 million customers in Texas, which account for 85% of the state’s electric load and 75% of the Texas land area. ERCOT oversees 78,000 MW of power generation capacity in Texas. [SOURCE: Electric Reliability Council of Texas]

To view the PDF copy of the plan, you will need Acrobat Reader. Download it from Adobe’s website.

TYLER-Democratic gubernatorial candidate Hank Gilbert said Monday morning that Texas Governor Rick Perry’s continued comments about how great Texas is doing show just how far out of touch the incumbent governor is with reality.

At a Republican gathering Friday in Fort Worth, Perry criticized the federal government and proclaimed that, “Texas is the blueprint America needs to look at to go forward.”

“If America uses the blueprint from Rick Perry’s Texas as a model to move forward, America would quickly become a third-world country,” Gilbert said. “All we’ve seen from the Perry administration is record unemployment, higher tuition costs, toll road disasters that will end up soaking taxpayers, failed privatization experiments that cost hundreds of millions, cover-ups, and worsening conditions for the middle class and poor,” Gilbert continued.

“For this governor to say that our state is doing so well that everyone should follow our lead shows just how out of touch he is,” Gilbert said. “Ask the thousands of Texans with out health insurance or who have lost their jobs if Rick Perry’s model is working for them. It is not,” Gilbert continued. “If his so-called blueprint was for a house, the roof would be on the floor, there would be no walls, and the toilet would be in the dining room,” Gilbert continued. “The only project Rick Perry could serve as the architect for would be a ditch, because that is where his leadership has driven Texas,” he concluded.

Gilbert pointed out that, under Perry’s leadership, Texas has the highest percentage of uninsured citizens of any state, kept 1.4 million children from health insurance, priced college tuition out of reach of thousands of Texans, has seen utility rates skyrocket 64 percent and property taxes which are at an all time high.

FACT SHEET

Rick Perry’s Bad Blueprint For Texas

SKYROCKETING UTILITY COSTS

Under Governor Perry’s leadership, electric rates have skyrocketed 64 percent. (SOURCE: Associated Press)

INCOME, JOB LOSS & POVERTY

Texas ranks 7th in among the states in the percent of our children living in poverty. (SOURCE: U.S. Census Bureau, R1704. Percent of Children Under 18 Years Below Poverty Level in the Past 12 Months, 2007)

Texas ranks 3d among the state in terms of the percentage of our population living below the Federal Poverty Level. (SOURCE: Henry J. Kaiser Family Foundation)

Texas ranks 3rd among the nation in terms of the percent of our population with food insecurity. (SOURCE: U.S. Department of Agriculture, Economic Research Service, Household Food Insecurity in the United States, 2006)

Texas ranks third in the nation in terms of the percent of women in our population living in poverty. (SOURCE: U.S. Census Bureau, Voting and Registration in the Election of November 2006, Table 4b, Reported Voting and Registration of the Voting-Age Population, by Sex, Race and Hispanic Origin, for States: November 2006)

Job Loss in Rick Perry’s administration has been the worst Texas has seen since the 1970s and 1986 and 1987.

(Texas LMCI TRACER Generated graphic, with modifications to highlight Perry’s years as governor)

UNINSURED TEXANS

The number of uninsured Texans has increased from 4.9 million in 2001 to 6.1 million in 2008. The percent of non-elderly adults with out insurance rose from 27.8 percent to 32.1 percent. This number only considers people who are uninsured for an entire year and doesn’t include many Texans who have lost their health coverage as a result of the recession. (SOURCE: U.S. Department of Health & Human Services)

Employer-based health plans in Texas are quickly disappearing. The percentage of employer-based health coverage decreased from 63.3 percent of the state’s population in 2001 to 55.6 percent in 2008. (SOURCE: U.S. Department of Health & Human Services)

3.4 million Texas workers are without health insurance. The percentage of Texas workers without health insurance rose from 25.6 percent in 2001 to 29.7 percent in 2008. (SOURCE: U.S. Department of Health & Human Services).

Rick Perry’s failures on Children’s Health Insurance has forced over 1.4 million kids to go without health care coverage – over 20%, the highest rate of uninsured children in the nation. (SOURCE: Families USA)

Being uninsured isn’t just a problem for the poor. An additional 361,000 people from homes considered “high-income” households by the census bureau are now uninsured in Texas. (SOURCE: U.S. Department of Health and Human Services).

EDUCATION

Although Texas ranks third in the nation in terms of the money spent on public education, the state ranks 45th in the nation in terms of dollars spent per student. (SOURCES: Congressional Quarterly’s State Fact Finder 2007. & ScoreCard.org)

Texas ranks 34th among the states in average teacher salaries. (Congressional Quarterly’s State Fact Finder 2007)

Texas ranks 50th in terms of the percent of the population over 25 with a high school diploma, and 41st in terms of its high school graduation rate. (SOURCE: ScoreCard.org)

THE ENVIRONMENT

Texas is the worst air polluter in the nation.

Texas releases more volatile organic compounds into the air than any other state in the country. (SOURCE: ScoreCard.org)

Texas releases more toxic chemicals into water than any other state in the nation. (SOURCE: ScoreCard.org)

Texas ranks fifth in the nation in terms of toxic chemicals released into the air. (SOURCE: ScoreCard.org)

Texas releases more cancer-causing carcinogens into the air than any other state in the U.S. (SOURCE: ScoreCard.org)

Texas ranks seventh out of the fifty states in terms of the number of cancer-causing carcinogens released into water. (SOURCE: ScoreCard.org)

Texas ranks second among the fifty states in the amount of hazardous waste generated and first in carbon dioxide emissions. (SOURCE: Environmental Protection Agency)