DPS Wasting Your Money

Sometimes they just go out of their way to piss-off the Curmudgeon. This time it is the Texas Department of Public Safety. No, the Curmudgeon didn’t get another speeding ticket, and no, he doesn’t believe the DPS is doing this on their own.

On May 23, 2005 the Texas House of Representatives took up the controversial issue of private school vouchers (an issue with which the Curmudgeon has some familiarity). This was done against the wishes of most members, especially the Republicans. They did not want to vote on it because a vote for vouchers hurts them back home where lots of people live in the Republican suburbs because they like the schools, and a vote against them hurts them with the party establishment and some big time money people. Mostly one big time money person.

Private school vouchers have a constituency of one. Dr. James Leininger of San Antonio has spent millions of dollars trying to convince the Legislature to support vouchers. He has bused people in for hearings, hired lobbyists and, of course, repeatedly tried to buy elections. His success record has not been very good largely because the public realizes vouchers are bad public policy and they have repeatedly made that clear their elected officials. Every supporter of vouchers has a connection to Dr. Leininger. He has contributed to their campaign, helped fund their organization or paid for them to be at the Capitol. As I said it is a constituency of one.

The 2005 battle over vouchers was hard-fought, bitter, divisive and acrimonious to say the least. All well and good, the Curmudgeon likes a brawl as well as the next guy. People on both sides of the issue lost elections because of it (Carter Casteel voucher opponent and Kent Grusendorf voucher supporter being the most prominent). Again, all’s fair in love and war.

The story in the Capitol on that evening in May was that Dr. Leininger was in the back hall of the House meeting individually with Republicans. That would be a clear violation of House rules. The good folks over at The Texas Observer (bless their pointy heads ) decided to explore those rumors. The easiest way, they determined, was to look at the tapes from the security cameras located in the back hall to determine if in fact Dr. Leininger was back there. So they filed an open records request. http://www.texasobserver.org/article.php?aid=2585

It is what has happened from there that pisses the Curmudgeon off. The DPS denied the open records request citing, are you ready, Homeland Security and protecting the Capitol from terrorists. Why? Because if the tapes were to be released then a terrorist could figure out where the security cameras are located.

Or they could just walk back there and look. The back hall is open to the public except when the House is actually in Session. You can walk back there right now and look around. You can even take pictures. The Curmudgeon has personally escorted a known felon through the back hall. (Disclaimer: It has been several years and I am a little foggy about whether he was a felon at the time or if the felonious activity occurred afterwards. Family, don’t you love ‘em.)

Attorney General Greg Abbott told the DPS they were wrong in denying the open records request and told them to release the tapes. District Judge Stephen Yelenosky told the DPS they were wrong to deny the open records request and ordered them to release the tapes. But the DPS has not done so and are currently appealing to the Third Court of Appeals in October. (If any of you know any of the judges on the Third Court of Appeals be sure they don’t see this blog. I’d hate to be accused of trying to influence them.)

What is the DPS trying to hide? Must be more than just Dr. Leininger being in the back hall. That is a violation of House rules, but there is no penalty for it. The worst thing that could happen is that some bad stories might be written about the Speaker abusing his power. Like that would be a first. No there must be something more on those tapes that the powers that be don’t want to be seen.

Now what really is pissing the Curmudgeon off is how much money the DPS has spent to avoid releasing those tapes. They have spent $166,000, so far. The appeal to the Third Court will certainly run the bill up and when they lose there they will likely appeal to the Supreme Court (The Texas Observer will almost certainly appeal should they lose), driving the cost still higher.

The Curmudgeon doesn’t know what they are trying to hide, though he has his suspicions, but it is not worth $166,000 and counting.