About WDFloyd

Dave Floyd is an attorney, real estate broker, and trivia host in Austin, Texas. He works with the Foskitt Law Office and is an owner of Floyd Real Estate. He was a candidate for Austin City Council in 2014 and lives in the Zilker Neighborhood.

Tuesday, December 31, 2013

Austin City Council District Map

Austin City Council Districts 2014


Above is the map of the single member city council districts in Austin.  This map also has labeled individual precincts within the districts.  Find where you live in order to figure out which candidates are considering running for office in your area.  

Tuesday, December 10, 2013

DePaolo's Work Comp World: Delay Or Deny At Your Risk

DePaolo's Work Comp World: Delay Or Deny At Your Risk: There are so many reasons why both employers and workers feel that workers' compensation is "broken" or doesn't work. Pe...

Monday, December 2, 2013

Bar & Grill: A Justice Carol (on stage 12/6-12/7)



Bar & Grill 21: A Justice Carol

 (From Do512.com) While Charles Dickens may have envisioned Scrooge as a businessman, on December 6th & 7th we will find out what he would have been like as a lawyer... or better yet, a federal judge. Austin is a legal wonderland, and hilarity is certain to ensue when Ebenezer’s past, present and future are revealed onstage at Stateside at the Paramount.  This hilarious, Holiday inspired show incorporates classic tales like “It’s A Wonderful Life”, “A Christmas Carol”, “Elf” and more.



Proceeds from the show benefit the Austin Young Lawyers Association Foundation.


Tuesday, October 29, 2013

Tavern Trivia

I'm the guest host for trivia tomorrow night at The Tavern.  Trivia will run from 8:30-10:30p.    Round up a team and come on down, because you're never too far from 12th and Lamar.

Monday, October 14, 2013

Creative Experience: Fat Pig



This month Austin's Creative Fund a Creative Experience around Theatre en Bloc's production of Fat Pig. This production was recently funded by the Creative Experience's Q Rental Subsidy Grant.

Here are the details:

Who: You + other Awesome people
Where: The Off Center
Date: Friday, Oct. 18, 2013
When: Meet at the Off Center at 7 PM for some pre show mingling
Show Start: 8:00 PM
Post Show Hangout: Stay and hang out with the cast post show at the Off Center
Price: Sliding scale from $20 to $35

About the Show:

Fat Pig - A Really Heavy Comedy by Neil LaBute
COW. SLOB. PIG.
How many insults can you hear before you have to stand up and defend the woman you love? Tom faces just that question when he falls for Helen, a bright, funny, sexy young woman who happens to be plus sized-and then some. Forced to explain his new relationship to his shallow (although shockingly funny) friends, finally he comes to terms with his own preconceptions of the importance of conventional good looks. Neil LaBute's sharply drawn play not only critiques our slavish adherence to Hollywood ideals of beauty but boldly questions our own ability to change what we dislike about ourselves.
Neil LaBute is a striking playwright, relevant today in his acute reflections of what it means to be alive in contemporary America. He specializes in bringing to life seemingly ordinary characters who, as the narrative unfolds, become increasingly uncomfortable to watch and to listen to. What's best about LaBute's work is that it pries its way into you, making you reflect on yourself, the type of person you are and the type of person you hope to be. LaBute's plays always nail the diagnosis, but stray far from providing any idea for a cure and this responsibility LaBute places in the hands of the audience is exactly what makes his work so necessary.
Theatre en Bloc is proud to present this up-to-the-minute comedy about falling in love in a big, big way.
The summary above and the image at the header are both from The Creative Fund's Facebook page for the October 18th Creative Experience.  Find out more there or at Theater en Bloc's wesbite:
http://www.theatreenbloc.org/index.html

+Dave Floyd is Vice Chair of the Creative Fund.  Visit The Creative Fund's website or follow The Creative Fund on Facebook and Twitter to keep up with upcoming events and news.

Wednesday, September 25, 2013

Real Estate Lawyer on The Austin Real Estate Voice

On Sunday Austin Real Estate Lawyer and Realtor Sara Foskitt appeared as a guest on The Austin Real Estate Voice.  Sara answered questions about real estate transactions, contractual issues, and Texas real estate law in general.  In case you missed the broadcast, there is a podcast of the full length show available and segmented podcasts are on the way.



The Austin Real Estate Voice is broadcast every Sunday from 5-6p on Austin's 1370am.

Monday, September 23, 2013

As Austin's Lakes Dwindle, Gulf Coast May Also Suffer



As the Highland Lakes that supply Austin's water continue to dwindle, the Lower Colorado River Authority may take the unprecedented step of cutting off freshwater flows it normally releases from the lakes into Matagorda Bay.

Facing an increasingly desperate need for water to supply cities like Austin, the LCRA is considering whether to ask permission from the Texas Commission on Environmental Quality to cut off the freshwater flows, sometimes known as "environmental flows," that are usually required by the state to maintain the ecological health of water bodies farther downstream that the Colorado River empties into, namely Matagorda Bay. Board members will decide whether to ask permission for the cutoff in a meeting Wednesday morning.

The fact that the authority is considering such a move has prompted criticism from environmental advocates and some state and local officials. They worry that stopping the environmental flows could cripple wildlife and the fishing industry in Matagorda Bay — long considered a jewel of the Texas Gulf Coast — while Austinites are allowed to water their lawns without any new restrictions.

“All counties up and down the whole Colorado basin, we’re all in this drought together,” said Kent Pollard, a Matagorda County commissioner. “It certainly seems very unfair in my viewpoint for us, in this one area, to suffer any more economically than any of the other locations.”

Matagorda Bay is one of Texas' largest estuaries, transitional water bodies between the river and open sea. (The Colorado River feeds into the bay, which is connected to the Gulf of Mexico and ultimately the Carribean Sea.) Pollard said it is home to the largest shrimping fleet on the state’s Gulf Coast. Fish in the bay need freshwater to survive. Salt levels in the water have grown as a result of cuts the LCRA has already made to freshwater releases from the Highland Lakes, and area officials say oystering and shrimping have suffered.

If inflows to the bay are cut entirely for the rest of the year, as LCRA is considering, the water's salinity would rise higher, and the results could be dire, said Jennifer Walker, water resources coordinator for the Sierra Club’s Lone Star chapter.

“The bay has been on critical life support for a long time, and it’s about to be taken off,” she said.
Meanwhile, Walker and Matagorda-area officials say, there have been no new efforts to encourage conservation among Highland Lakes users, such as the city of Austin. 

“You’ve got Austinites continuing to fill up their pools, continuing to water their lawns, continuing to do pretty much everything they want to with the water supply,” said Mitch Thames, president of the Bay City Chamber of Commerce and Agriculture. 

Austin has been under Stage 2 watering restrictions since September 2012, meaning that businesses and residents can water their lawns once a week in the early morning or nighttime hours. 

Still, Lakes Travis and Buchanan are reaching near-historic lows. As of Tuesday morning, the two reservoirs combined were only 32 percent full. The lakes continue to lose about 2,000 to 3,000 acre-feet of water per day, about 0.5 percent of their current combined level of 643,000 acre-feet. If they fall to 600,000 acre-feet, which the LCRA expects will happen in October, more cutbacks will be necessary from its users.

Austin pays a premium for its guaranteed right to water from the Highland Lakes and has reduced its water demand despite major population growth. Some, including state Sen. Troy Fraser, R-Horseshoe Bay, say Austinites should not be asked to conserve more. Fraser said he hopes the LCRA will ask TCEQ for permission to end environmental flows to Matagorda Bay for the remainder of 2013. 

“Is the water to the critters more important than health and public safety?” Fraser asked. 

But even if the LCRA gets permission to end flows to Matagorda Bay for the rest of 2013, the water problems would remain. Cutting the flow would only save about 6,000 acre-feet — less than 5 percent of the amount of water Austin would use in one year. The authority already cut off water from the Highland Lakes to rice farmers for the second year in a row, and few other water-saving options remain. In desperation, the LCRA has floated such controversial proposals as lowering Lake Austin, which is usually kept at a constant level, to use it as a catch basin for rainwater. The idea was quickly tabled after public outcry.

Pollard, the Matagorda County commissioner, has his own proposal.
"It may be a time when they just say, ‘Hey, sorry, you can’t water your lawn,’ and actually completely cut it off,” he said. “I can guarantee you that [Austinites] use way more water in their lawn than what is being sent down to us.”

Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/09/18/austins-lakes-dwindle-gulf-coast-may-also-suffer/.

Thursday, September 19, 2013

Watson Responds to Perry's Move to Regulate Texas Insurance Navigators



Updated, Sept. 19, 12 p.m.: 
By directing the Texas Department of Insurance to enact strict regulations, Gov. Rick Perry has misappropriated the intent of the law that state legislators approved to regulate so-called navigators trained to help Texans purchase health care coverage under Obamacare, state Sen. Kirk Watson, D-Austin, said Thursday in a press statement.

In a letter to Insurance Commissioner Julia Rathgeber, Watson, the author of Senate Bill 1795, said the measure's intent was to make it easier, not harder, for Texans to secure health coverage. The measure allows TDI to implement additional training requirements for navigators if the federal requirements seemed insufficient.

“SB 1795 does not authorize the agency to place onerous restrictions on navigators that will make it harder for them to do their important work,” wrote Watson. “I’m sorry to say that many of the provisions suggested by Governor Perry seem to have this intended effect.”

Watson said his legislation does not authorize the department to do a number of tasks that Perry requested. For example, it does not impose age restrictions on navigators, does not require arbitrary amounts of additional training or exams, and does not compel navigators to undergo background checks or to submit fingerprints to TDI. It also does not create a database of people assisted by the navigators, or set restrictions on the time, place and manner in which navigators may assist people.

Original Story, Sept. 17:

Gov. Rick Perry has directed the Texas Department of Insurance to establish strict rules to regulate so-called navigators trained to help Texans purchase health coverage under "Obamacare."

While the governor says the extra regulations will ensure that people handling Texans’ private financial and health information are properly trained and qualified, the rules could present a significant roadblock to organizations helping to implement the federal Affordable Care Act.

"This is blatant attempt to add cumbersome requirements to the navigator program and deter groups from working to inform Americans about their new health insurance options and help them enroll in coverage,” Fabien Levy, a spokesman for the U.S. Department of Health and Human Services, said in an email. 

Along with many other provisions in President Obama’s signature health reform law, the individual mandate to purchase health insurance is set to take effect on Jan. 1. Texas' Republican majority, which vehemently opposes the federal health law, declined to establish a state-based insurance marketplace. The federal government is doing it instead, launching an Orbitz-like online insurance exchange starting Oct. 1. That exchange will require individuals to input sensitive tax information, including their Social Security numbers and estimated annual income, to determine whether they qualify for tax credits to purchase coverage.

To help uninsured Texans use the complicated new system, the federal government awarded nearly $11 million in August to local organizations charged with hiring and training navigators, who will help consumers input their financial information and pick a health plan through in the exchange, must undergo 20 to 30 hours of training, pass a certification test and renew their certification annually, according to the U.S. Department of Health and Human Services.

For Perry, those ground rules are not enough.
“The U.S. Department of Health and Human Services has repeatedly delayed explaining how its navigators were going to be created, how they were going to operate and how they were going to be regulated,” Perry wrote in a letter to Insurance Commissioner Julia Rathgeber. “Because of the nature of navigators' work and because they will be collecting confidential information, including birth dates, social security numbers and financial information, it is imperative that Texas train navigators on the collection and security of such data.”

In the letter, Perry specifically directed TDI to establish rules that require navigators to complete at minimum of 40 hours of state training in addition to the federal training requirements. He also demanded that navigators pass a rigorous exam based on that training, refrain from influencing a consumer's insurance choice by recommending a specific plan or comparing benefits offered by different plans, and submit to periodic background and regulatory checks and show state identification while on the job.

He also directed TDI to maintain a database of registered navigators, including background checks and fingerprints; set limits on when and where navigators can enroll people in the exchange; charge fees to provide navigator training and registration; and establish the department’s authority to suspend or revoke navigators’ registration for failing to comply with state requirements. 

“TDI agrees that the navigators in Texas have to be well trained and competent in what they’re doing,” said Ben Gonzalez, an agency spokesman. “Our goal is for them to be accountable and be conscientious about the confidential information that they’re going to be collecting.”

Federal officials said some of the rules Perry ordered the state insurance department to implement are forbidden under U.S. law. For example, navigators are not allowed to retain or report information on consumers who sign up for coverage through the exchange; therefore, they could not submit that information to TDI, as Perry has requested. The federal agency also emphasized that navigators are not allowed to access consumers’ information after it has been submitted to the exchange.

Levy said the U.S. government has similar programs already set up to help counsel people applying for Medicare, and that those have “never faced this kind of bullying from Texas.”

“This is clearly an ideologically-driven attempt to prevent the uninsured from gaining health coverage,” Levy said. “But despite the state’s attempts, we are confident that navigators will still be able to help Texans enroll in quality, affordable health coverage when open enrollment begins on Oct. 1.”

Given the governor’s directive, the department will begin putting together the rules with some urgency, Gonzalez added. The rule-making process can take several weeks, as the state is required to hold public meetings and solicit stakeholder input before the rules are drafted. After a draft is approved, the rules must be posted on the Texas Register to receive official comment before they can be codified. 

“It's our expectation the rules and training be in place by Jan. 1, when insurance can be purchased through the exchange,” Rich Parsons, a spokesman for the governor’s office, said via email.

The federal health exchange has a six-month open enrollment period — from Oct. 1 to March 31 — in which navigators can help the uninsured find health coverage to comply with the insurance mandate. Individuals who do not purchase insurance during the open enrollment period could be subject to federal tax penalties. If the state's regulations take effect on Jan. 1, the navigators will be required to undergo additional training during the open enrollment period, which could present significant challenges.

To address the privacy concerns raised about the navigator program, some grant recipients are already requiring navigators to undergo additional training on privacy protection. United Way of Tarrant County, in collaboration with 17 other organizations, received $5.8 million, the largest federal navigator grant in Texas. Tim McKinney, the organization’s chief executive officer, said the organization is requiring navigators to undergo an additional hour-and-a-half of training on how to comply with the federal privacy law HIPAA.

Lawmakers signed off on Perry's call for greater regulation of the navigator program in the last legislative session when they passed Senate Bill 1795, which authorizes TDI “to regulate navigators if it determined that federal standards did not ensure they were qualified to perform their duties or avoid conflicts of interest,” according to a legislative report. The new state law allows the department to enact rules that protect patient privacy and prohibit navigators from accepting payments from health insurance companies or posing as an insurance agent. At least 16 other states have also enacted or are considering laws to regulate navigators, according to a USA Today report.

Texas Attorney General Greg Abbott and 12 other state attorneys general have also raised concerns that the federal navigator program could pose risks to patients’ privacy. In a letter sent to U.S. Health and Human Services Secretary Kathleen Sebelius in August, the attorneys general asserted that the federal government’s screening process does not require uniform background or fingerprint checks, meaning convicted criminals or identity thieves could become navigators. They also expressed concerns that navigators would not undergo sufficient training.

Some medical professionals and advocates have objected to the privacy concerns raised by conservatives, suggesting they are politically motivated. For example, navigators must already comply with state and federal laws governing the privacy of sensitive medical information. If they do not adhere to strict security and privacy standards, including how to handle and safeguard consumers’ Social Security numbers and identifiable information, they are subject to criminal and civil penalties at both the federal and state level. The federal government imposes up to a $25,000 civil penalty for violating its privacy and security standards.

This story was produced in partnership with Kaiser Health News, an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente.

Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/09/19/perry-directs-tdi-regulate-federal-navigator-progr/.

Private Health Exchanges: Preparing for the Affordable Care Act

Friday, September 6, 2013

Leadership Austin Blog: Announcing the ESSENTIAL Class of 2014!

Congratulations to the Essential Class of 2014!  I had a great experience as part of the Essential Class of 2010.


Leadership Austin Blog: Announcing the ESSENTIAL Class of 2014!: We are very pleased to announce the participants of the Leadership Austin ESSENTIAL Class of 2014! This year marks the 35th anniversary of L...

Go to the Leadership Austin site to learn more about the Essential program.

Basic Copyright Law Concepts

I found this video on JDSupra.com.  It's title is What Damages Can I Recover If My Copyright Is Infringed Upon:


Wednesday, August 21, 2013

Observing Consumer Behavior: Article Link

I became quite interested in the observation and analyst of retail consumer behavior after reading Why We Buy: The Science of Shopping by Paco Underhill and taking a course on entrepreneurialism from Gary Hoover.  Thus, I was interested to read this article in the Wall Street Journal:  "Small Firms Use Security Cameras to Boost Business" .





Monday, August 19, 2013

Employee Data Theft and the CFAA

If you are interested in finding out more about rulings related to employee data theft and the Computer Fraud and Abuse Act (CFAA), 18 USC 1030, then check out this article:

Conflicting Rulings on Employee Data Theft

Austin's Creative Fund: The Artist's Perspective




Check out this video about The Creative Fund by +Andy Graham.  It does an excellent job of letting artists explain how The Creative Fund has been important to them and how The Creative Fund's vision and mission are important to Austin.



The Creative Fund's Vision:


The Creative Fund's vision is to connect emerging Austin artists with patron resources, elevating works of art into larger venues with larger audiences.  Check out The Creative Fund's fact sheet for more information. 


+Dave Floyd has been on the board of The Creative Fund since 2011.  Contact +Hank Morris if you are interested in membership information about The Creative Fund.

Friday, August 9, 2013

Austin Young Lawyers Association



I am very pleased to be back on the AYLA Board of Directors this year, along with my friends and colleagues.  I think this is going to be a fantastic bar year.

6 Ways Employees Are Putting Your Company's Data at Risk

Article on cyber security and mobile device security:


6 Ways Employees Are Putting Your Company's Data at Risk



Tuesday, August 6, 2013

Video: Rain Over the Sangre de Cristo



Shot this from the Earthship Compound, west of Taos on Highway 64 in northern New Mexico.   You're looking across the Taos Plateau, east toward the Sangre de Cristo Mountains.  Wheeler Peak, the highest point in New Mexico, is obscured by the rain.

The video is from May, when I was in the area with +Andy Graham and +Dal Latsha

Saturday, July 13, 2013

Foskitt Realty Group Supports Access to Justice Programs

Austin's Foskitt Realty Group's Pledge to Help Legal Pro Bono


Austin Realtor +Sara Foskitt is supporting pro bono legal services and Texas access to justice programs.  For the remainder of 2013, the Foskitt Realty Group will donate 25% of commissions to the following access to justice program of the client's choice:


Check out Sara Foskitt's pro bono and access to justice support announcement from the Foskitt Realty Group website:

I am very pleased and excited to announce Foskitt Realty Group’s 2013 Pro Bono campaign.  I pledge 25% of my 2013 commissions to access to justice programs.
Over the past few years, these services have been hindered due to continually decreased funding.  As an attorney, I have always felt an obligation to help by donating legal services.  I’m glad I now have the opportunity also to help access to justice programs as a Realtor.
In 2013, 25% of Foskitt Realty Group’s transaction commissions will be donated on behalf of the clients to access to justice programs of their choice.
I look forward to making significant donations to these worthy programs.  Be on the lookout for updates and to find out how much is being contributed!

So, if you are looking to buy or sell property in Austin, then contact Sara to discuss her range of services.  Not only will you get top quality service from a Realtor/Real Estate Lawyer, but you'll be able to support vital legal services programs using money you would have spent anyway.  Everybody wins in this situation.

If you aren't in the market for a house but still want to help the programs listed above, then please contact them to see how you can offer your support.   




Disclosure: +Dave Floyd is Board Secretary of The Texas Advocacy Project




Save 8/14 for Austin's Creative Fund

The Creative Fund is having an event on August 14th.  It will be at Salvage Vanguard Theater.  More information will be posted soon.



The Creative Fund's Vision:


The Creative Fund's vision is to connect emerging Austin artists with patron resources, elevating works of art into larger venues with larger audiences.  Check out The Creative Fund's fact sheet for more information. 


+Dave Floyd has been on the board of The Creative Fund since 2011.  Contact +Hank Morris if you are interested in membership information about The Creative Fund.

Monday, July 8, 2013

Wednesday, June 19, 2013

AYLA Retro Vegas Fundraiser




Austin Young Lawyers and Young Professionals:  The Austin Young Lawyers' Association's second annual Retro Vegas casino themed fundraiser is coming in less that two weeks.  Buy your Retro Vegas tickets today, while you still can.  Visit the AYLA Retro Vegas website in order to learn about our awesome sponsors.

Proceeds from this event go to benefit the AYLA Foundation, the charitable arm of the Austin Young Lawyers' Association. 

Austin Events: Creative Fund Happy Hour on 6/20




Austin's Creative Fund is having it's June happy hour on Thursday 6/20 from 6-8:30p at Aviary Lounge & Decor on south Lamar.  There will be a brief live performance by a special guest.


If you are interested in getting involved with an arts organization which supports emerging artists and connects you to their work, swing by Aviary this Thursday.   Better yet, visit the Creative Fund Happy Hour's event page on Facebook and let them know you are coming. 





The Creative Fund's Vision:


The Creative Fund's vision is to connect emerging Austin artists with patron resources, elevating works of art into larger venues with larger audiences.  Check out The Creative Fund's fact sheet for more information. 


+Dave Floyd has been on the board of The Creative Fund since 2011.  Contact +Hank Morris if you are interested in membership information about The Creative Fund.

Wednesday, May 15, 2013

Foskitt Realty Supports Pro Bono Legal Services and Access to Justice Programs in 2013

Austin Realtor Sara Foskitt will donate 25% of 2013 commissions to certain Access to Justice legal services programs.
Foskitt Realty Pro Bono Pledge Announcement



Austin Realtor +Sara Foskitt has recently announced her plan to support pro bono legal services and Texas access to justice programs.  For the remainder of 2013, the Foskitt Realty Group will donate 25% of commissions to the following access to justice program of the client's choice:


Check out Sara Foskitt's pro bono and access to justice support announcement from the Foskitt Realty Group website:

I am very pleased and excited to announce Foskitt Realty Group’s 2013 Pro Bono campaign.  I pledge 25% of my 2013 commissions to access to justice programs.
Over the past few years, these services have been hindered due to continually decreased funding.  As an attorney, I have always felt an obligation to help by donating legal services.  I’m glad I now have the opportunity also to help access to justice programs as a Realtor.
In 2013, 25% of Foskitt Realty Group’s transaction commissions will be donated on behalf of the clients to access to justice programs of their choice.
I look forward to making significant donations to these worthy programs.  Be on the lookout for updates and to find out how much is being contributed!

So, if you are looking to buy or sell property in Austin, then contact Sara to discuss her range of services.  Not only will you get top quality service from a Realtor/Real Estate Lawyer, but you'll be able to support vital legal services programs using money you would have spent anyway.  Everybody wins in this situation.

If you aren't in the market for a house but still want to help the programs listed above, then please contact them to see how you can offer your support.   

Wednesday, May 1, 2013

Data Breach at Gunpoint

Not your everyday example of data theft, but a demonstration that data loss can happen in a multitude of ways:

Data breach at gunpoint - ACC Newsstand - Powered by Lexology

Austin Entrepreneurs: RISE Sessions Open for Registration

Downtown Austin (photo by Dave Floyd)


RISE Week Austin 2013 Sessions are now open for registration.  This year's RISE Week offers over 250 sessions on entrepreneur oriented topics.  RISE sessions are led by established entrepreneurs  investors, business leaders, and service providers (including lawyers) in Austin.  Sessions are free; however, you will be asked to use a credit card to hold your seat and you will be charged $25 if you do not attended a session for which you are registered.   Sessions are limited to 25 participants, so sign up quickly.

Learn more about RISE, it's mission and its programs.

_____________


I shot the above photo with a  Canon PowerShot SD1400 IS 


The Transformation of Aquarena

I'm assuming Ralph the Swimming Pig has retired:

The Transformation of Aquarena|| TPW magazine|May 2013

FTC sends FCRA Warning Letters to Tenant Rental History Websites

FTC sends FCRA warning letters to tenant rental history websites - ACC Newsstand - Powered by Lexology

Straus: House Will Find Way to Fund Water Projects



+Dave Floyd republished this from The Texas Tribune:
Updated: 

The morning after a major bill to authorize spending billions of dollars on state water projects faltered in the House, Speaker Joe Straus' office released a statement saying he wouldn't "let a technicality seal the debate on water."

Straus "remains committed to working with appropriators, members of the House and stakeholders to ensure funding for the state water plan this session," the statement said.

The author of House Bill 11 — which did not reach a vote because of a procedural problem with it — seemed less optimistic on Tuesday morning, saying, "You know as much as I know at this point."


Original story: 

A major bill on the top of Gov. Rick Perry's priority list that would authorize spending billions of dollars on state water projects faltered in the Texas House on Monday night after a contentious debate over where to pull the money from.

“My understanding is it’s doorknob dead,” the bill's sponsor, Rep. Allan Ritter, R-Nederland, said after debate on the measure, which was backed by Speaker Joe Straus, was halted over a legislative technicality.

In a statement, Perry said Texans "expect their elected officials to address the water needs of our state, and we will do just that."

"This issue is too important to leave its fate uncertain," he said, "and I will work with lawmakers to ensure we address this need in a fiscally responsible manner.”

Ritter’s bill, House Bill 11, would have taken $2 billion from the state’s Rainy Day Fund — a multibillion-dollar reserve of mostly oil and gas taxes — and spent it on water-supply projects, in an effort to help the state withstand future droughts.   Another Ritter bill the House passed earlier this month, House Bill 4, would create a special fund to administer the money.

But HB 11’s backers faced an uphill battle to get enough votes, because drawing from the Rainy Day Fund requires a higher bar — 100 votes rather than the usual 76 votes — to pass.
Democrats’ objections were grounded in the argument that if the Rainy Day Fund gets used for water, it should also be raided for other purposes like public education. Some far-right conservatives, meanwhile, worried about drawing at all from the Rainy Day Fund, which they say should be reserved for emergencies.

Rep. Sylvester Turner, D-Houston, ultimately avoided a vote on HB 11 by raising a point of order, a legislative term for a procedural problem with the bill. Ritter said the bill in its current form is now dead; Perry has previously threatened to call a special session if lawmakers cannot find a way to fund water projects.  If lawmakers do not provide the funding, “I think we’re back in special session, but that’s above my pay grade,” Ritter said.

The Senate, meanwhile, has already passed a measure to move $5.7 billion from the Rainy Day Fund into public education and water and transportation projects. House Republicans on Monday rallied around an amendment by Ritter to HB 11 that would have authorized the state to draw $2 billion from nondedicated general revenue if lawmakers wanted to fund water projects. It was an effort to make an end-run around Democrats, who could later be forced to vote for HB 11 and the Rainy Day Fund withdrawal for water if they wanted to forestall a drawdown of general revenue.

Democrats reacted with fury, saying that the amendment drawing down general revenue would cut into other priorities like public education.  “I don’t think most of you can stand robbing little children in Texas to pay for water problems in Texas. That would be a travesty, members,” said Rep. Harold Dutton Jr., D-Houston.

Later, Turner's point of order won out.

Monday did bring some partial victories for water project backers. Texas senators passed two bills, HB 4 (already passed by the House) and Senate Bill 4, both of which would create a special fund to administer the water money. The money would be loaned out to local governments, who would pay it back so that it could be loaned out again.

State Rep. Lyle Larson, R-San Antonio, commenting after Turner’s point of order won out, voiced determination to see a water bill through. “If we don’t fix this, I think a lot of people’s political careers will be on the line,” he said.

Brandi Grissom contributed to this article. 

Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/30/texas-house-acts-hb-11/.

Tuesday, April 30, 2013

Five Legal Issues with Telecommuting

Let’s get physical: five legal issues with telecommuting - ACC Newsstand - Powered by Lexology

Expanded COPPA regulation to take effect on July 1

Are you ready for the expanded COPPA regulation to take effect on July 1? - ACC Newsstand - Powered by Lexology

Agenda Texas: Tanking the Water Bill








You might have heard that a major effort to pay for water projects went down in flames Monday night in the Texas House. House Bill 11 would have spent $2 billion out of the state’s Rainy Day Fund to finally fund the state’s 50-year water plan.

KUT’s StateImpact Texas reporter Mose Buchele was at last night’s debate. He said there were two groups that wanted the bill changed.  "The Tea Party contingent of the Republican Party is not happy with the bill as it stands — they don't like the idea of taking money from the Rainy Day Fund," Buchele said. "On the other side, there were the Democrats in the House. They're amenable maybe to funding water projects, but they'd also like to open the Rainy Day Fund for other projects like education."

The bill needed a two-thirds majority vote in order to authorize spending Rainy Day Fund money. But the bill's supporters didn't have the votes needed going into the debate Monday night. Buchele said that led to an attempt to bring in more support — an attempt that didn't work."That basically shaped up into this amendment to potentially, if they didn't have the votes to unlock the Rainy Day Fund, to then take the money for the water plan out of general revenue," Buchele said.

There are a few options for what to do next. One is simple: Wait a few days and bring back HB 11. Or lawmakers can add the $2 billion in rainy day money to another eligible bill.

“I’m not ready to push the panic button yet," said Sierra Club water expert Ken Kramer.

Kramer has been lobbying hard on this bill. But he says his years of advocating environmental issues tells him it’s never over until it’s over.  “I’ve had the experience of seeing some of the priority legislation for the state decided on the last day of the session even through extraordinary measures," Kramer said. "So where there’s a will, there’s a way."

Especially if that way has the backing of the state’s three top legislative officials. Lt. Gov. David Dewhurst’s Senate has already passed a way to fund the water plan. And state Rep. Lyle Larson, R-San Antonio, says the other members of the “Big Three” are on board as well.

“The governor and the speaker have clearly indicated this is their No. 1 priority," Larson said, adding, "And if we’ve got a drought that persists, it will be the No. 1 issue in everybody’s district."

One of the big debates is whether the state should take $2 billion out of the Rainy Day Fund, its savings account, or from general revenue, the regular pot of money the state uses to pay for everything else.
Larson supports using the Rainy Day Fund. Tea Party members will need a little more convincing. That group of Republican lawmakers doesn’t want any of the projected $12 billion Rainy Day Fund to be spent, although they might allow it to pay for a business tax cut.

So the battle continues. But with less than four weeks left in the session, Kramer said, something would need to happen quickly.  "I don’t really think that we can wait another two years to move forward down the road on funding some elements of the state water plan," Kramer said.

Gov. Rick Perry has already threatened to call a 30-day special legislative session on water if a plan isn’t in place before May 27.


Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/30/agenda-texas-tanking-water-bill/.

Wednesday, April 24, 2013

AYLA Retro Vegas Fundraising Casino Party

Casino themed fundraising event sponsored by Austin Young Lawyers Association.
AYLA Retro Vegas


Austin young lawyers: on June 29th come to the San Jacinto Center dressed to kill...

Save the date for the Austin Young Lawyers Association's second annual Retro Vegas casino themed fundraiser.  This year's theme is Diamonds Are Forever.  Proceeds go to benefit the AYLA Foundation.

Stay tuned for more information...

Tuesday, April 23, 2013

Fake Tweet Sends the Dow Plunging

Below are a couple of articles about the fake tweet from the hacked AP Twitter account which resulted in financial market turmoil.  My take-away is to try to avoid being too reactive, and to check multiple sites when a potentially disastrous event is announced.



Motley Fool article:  Fake Tweet Sends the Dow Plunging (^DJI)


Wall Street Journal video about the same:  Why One Fake Tweet Dropped the Market

Sunday, April 21, 2013

Agenda Texas: The Twitter Lobby





What image pops into your head when you hear the word lobbyist?

Be nice.

Here are a few details you may have imagined: white, male, thousand-dollar suit — the stereotypical lobbyist. But as we jump into the digital age, lobbying efforts can also be faceless digital transactions.
“What happens behind curtains most likely still happens to some extent, but the power of the social media tools to gather the constituents and to lobby and create more pressure, it’s definitely visible," said Homero Gil de Zúñiga, an assistant professor at the University of Texas at Austin.

He spends a chunk of his time focusing on the proliferation of social media, including how Facebook and Twitter are changing interactions with lawmakers. Former state Rep. Aaron Peña was an early adopter of social media in the Legislature. He had a blog and could often be seen around the Capitol checking his Twitter feed, even while sitting in a committee hearing. "Early on I’d be in a committee hearing and somebody would send me a question. They’d be watching it on television. They’d send it to me and say, 'Ask this question of this expert.' And it was really cool because I’d ask this question and he thought I was really smart," Peña joked.  He says the modern legislator is very aware of what’s being said in social media, even during heated debates on the floor.

“Most of the legislators, after about 45 minutes, tune out. They know how they’re going to vote. But during that off time they listen to what’s being said on the internet," Peña said. "And so when you have people out there by Michael Quinn Sullivan, and they want to make a point that, look, this is a bill that we care about, this is a bill that we’re going to hold people accountable for, he will send his message out.”

That guy he mentioned, Michael Quinn Sullivan, heads the group Empower Texans, a low-tax, low-regulation, small-government advocacy group. He loves Twitter, almost as much as he dislikes Republican lawmakers who fall out of line with his political views. When Republicans in the Senate rolled out a plan to spend $6 billion on infrastructure needs, he tweeted, "When #TxLege senators say 'water' or 'transportation,' what they are really saying is 'pork.'"


He’s giving his opinion, but is also letting his followers know when he thinks lawmakers have messed up, which can lead to additional angry phone calls and emails to a lawmaker’s office.
On the other side of the advocacy aisle, Phillip Martin of Progress Texas also uses Twitter to get his points across. He tends to pop up when journalists are tweeting out comments from a press conference or speech by Gov. Rick Perry.

"It can be tough to follow a speech and keep up with what’s going on in real time and go back and look for context," Martin said. "So Twitter gives me the opportunity to provide context on an issue or to what an elected official may have said historically in the past."

His tweets often direct journalists to information contradicting whatever Perry is saying.

And from inside the Capitol, you can see Martin and Sullivan having success with social media from time to time. But there are a few caveats: First, only about 10 percent of people follow politicians on Twitter. Second, Peña said, if you think 10 percent is small, consider how many of those are actually the constituents of any given politician.

“Most of the people on social media are from the large cities like Austin or Houston or Dallas," Peña said. "And they’re from an educated class of individual that has a computer, that has the freedom to be on a computer during the working hours that is following you."

Peña said that excluded a large portion of his former district, which included many poor families.

AgendaTexas@kut.org; @AgendaTexas
Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/19/agenda-texas-twitter-lobby/.

Wednesday, April 17, 2013

Support The Austin Sunshine Camps!


Dave Floyd, Supervising Games at a Sunshine Camps Carnival Night in 2008



As a member of the Austin Young Men's Business League, I'm raising funds for the Austin Sunshine Camps.  Please consider supporting our efforts to ensure that deserving, yet underprivileged kids in Austin have a chance to go to summer camp this year. They will not only have a lot of fun, but they will also learn about responsibility, teamwork, and respect.

Below are some compelling figures regarding the Camps:

  • The Austin Sunshine Camps annually serves 850 low income children from the Austin area.
  • Our life changing programs are offered free of charge to the camper's family - funds are provided through our annual fundraising campaign.
  • 67% of campers come from households with an annual income less than $23,550 (federal poverty line)
  • 29% of those incomes fall below $12,000 annually.
  • The Austin Sunshine Camps has served more than 47,000 disadvantaged youth since its founding in 1928.
  • 80% of the ASC budget is used directly towards our programs (not just camp).


I have volunteered at the Sunshine Camps in the past, and I have always been impressed by the profound positive effects the Camp programs have on the participants.  For many of the younger kids, the Sunshine Camps provide their first experience at a camp of any kind.  For the kids who transition into the Leadership programs for middle and high school students, the Camps provide training and mentoring opportunities which help the participants graduate from high school and have a chance to attend college.    Supporting the Sunshine Camps is investing in these kids, all of whom are from underprivileged backgrounds and would not be able to benefit from above referenced opportunities without generous support from individual and organizational donors. 

For every $350 that is raised, we send a 7-11 year old kid to the Zilker Camp. For every $600 raised, we send a 12-15 year old to the Lake Travis Camp. Even $20 donations add up fast, but the more you can spare the better.  Here's the link to my YMBL donation page:  http://www.ymblgiving.org/Dave-Floyd


Thanks for your support!