Broken Promise: Garcia Trying to Divert $191 Million in Cedar Bayou Flood-Bond Funds

Precinct 2 Commissioner Adrian Garcia is trying to move $191 million designated for Cedar Bayou in the flood bond, but has not yet said where. Commissioners will vote on the measure Tuesday before they hold another special redistricting meeting on Thursday. My guess is that Garcia will try to move the money within the boundaries of a newly redrawn Precinct 2. That would give him a better chance at re-election.

After Hurricane Harvey, voters approved this flood-bond project list and budget. When Democrats reprioritized the order of projects in 2019…

…they promised no flood-bond projects would be cancelled. That could now change.

Earlier this year, the Northeast Action Collective (NAC) demanded the cancellation of projects in affluent neighborhoods so money could be redeployed to their area. Cedar Bayou could form the opening volley in that war.

Seven Items to Watch in Tuesday’s Commissioners Court

Precinct 2 Commissioner Adrian Garcia has posted seven items relating to Cedar Bayou on next Tuesday’s Commissioners Court Agenda. If successful, Garcia will divert $191 million from the flood-prone watershed – at a time when Democrats are attempting to hand the area off to Precinct 4 Commissioner Jack Cagle, a Republican.

See agenda items 136 and 323. #136 calls for discussion of the diversion; #323 calls for a vote on it. Garcia added #323 to the “Emergency” agenda at 6 PM Friday without any explanation as to where the money will go.

But that’s not all. The other five items on Tuesday’s agenda call for approving preliminary engineering reviews (PERs) on proposed Cedar Bayou projects. (See highlighted items 124, 125, 126, 127, and 128.) These studies could easily cost $5 million.

Diversion Likely Tied to Ellis’ Redistricting Recommendation

The attempted diversion likely ties into the Democratic redistricting plan proposed last Thursday. Democrat Rodney Ellis’ plan calls for putting the Cedar Bayou watershed in Republican Jack Cagle’s precinct. So Garcia would no longer have responsibility for Cedar Bayou and Cagle would have no money to build improvements.

Yet Garcia could spend the money now within the boundaries of a newly redrawn Precinct 2 (see blue area below) to help his re-election chances.

Proposed new Harris County Precinct Boundaries in Ellis Plan
Proposed new Harris County Precinct Boundaries in Ellis Plan. Lines represent existing precinct boundaries. Colors represent boundaries proposed by Democrats. Most of the blue area is already incorporated. Purple area on upper right contains Cedar Bayou and would shift from Garcia’s Precinct 2 to Cagle’s Precinct 4. That area is already largely Republican and hurts Garcia’s election chances.

Garcia’s seat was widely regarded as the most vulnerable on Commissioners Court. Losing it could cost Democrats a majority and they are loathe to let that happen.

Political Payback?

But another question remains. Why even conduct the preliminary engineering studies if there would not be enough money to implement the recommendations? The rationale could relate to political payback.

Campaign finance reports show that the principals of one recommended company (Item 124), Binkley and Barfield, Inc., donated tens of thousands of dollars to Garcia.

  • Barfield $3,400 on 5/25/2021
  • Binkley $3,300 on 5/25/2021
  • Barfield $3,300 on 6/24/20
  • Binkley $3,300 on 6/23/20
  • Barfield $10,000 on 1/28/2019
  • Binkley $10,000 on 1/28/2019

That totals $33,300 dollars – long after one election and even longer before another.

The political action committee for another recommended company (Item 126), HR Green, donated $20,000:

  • HR Green Texas PAC $5,000 on 5/11/21
  • HR Green Texas PAC $5,000 on 12/09/20
  • HR Green Texas PAC $4,000 on 12/17/19
  • HR Green Texas PAC $1,000 on 2/1/19
  • HR Green Texas PAC $5,000 on 12/6/18

Very curious timing! Again, long after one election and even longer before another. It certainly merits further investigation. So do links to the other engineering companies on Tuesday’s agenda. But that will take more time.

I am not implying that Binkley and Barfield are not qualified. I’m not implying they “bought” the job. And I’m not suggesting a quid pro quo exists between their donations and Garcia’s recommendation. I have no proof that any promises were made between Binkley, Barfield and Garcia. However…

It’s bizarre that a Commissioner would recommend an expensive study that will likely never be acted on – especially when better uses for the money exist.

HCFCD.org shows that such studies can easily cost a million dollars. A quick search turned up six ranging from $650,000 to $1.2 million. (Note: In fairness, some of that would have to go to subcontractors for things such as surveying and soil testing.)

But $5 million in wasted studies could easily repair a drainage ditch somewhere and give people some real help instead of false hope.

Separating Facts from Speculation

Most of what I’m talking about in this post is fact. But some thoughts admittedly cross into speculation when I discuss decisions that have not yet been made.

Flood Mitigation Less Expensive Before Development

The Cedar Bayou watershed is largely rural now, but will develop rapidly as construction of the Grand Parkway moves south to I-10.

After the watershed develops, flood mitigation costs will escalate exponentially. We have seen this along Halls, Greens and Brays Bayous. Without buyouts, there simply isn’t enough room to implement flood mitigation projects in those areas.

HCFCD’s Frontier Program buys up land in developing areas, such as the Cedar Bayou watershed, so flood-mitigation projects can be located in optimal areas before land prices skyrocket. After developing floodwater detention capacity that would mitigate future development, the Flood Control District then sells capacity back to developers to recoup its costs.

Grand Parkway extension near Cedar Bayou shows vast new areas opening up for development.

One Pro Vs Multiple Cons

On the other hand, the wording of Cedar-Bayou-related motions shows how the three Democrats will attempt to justify transferring the money. They are saying it can help more people sooner in other locations. That could be true, but without knowing where the money will go, we can’t verify it.

What they aren’t telling you is that:

  • If these motions are successful, Cedar Bayou will be left without money to implement PER recommendations.
  • There’s very little unincorporated area in the new Precinct 2 recommended in the Ellis Plan. And the county’s primary mission is to help unincorporated areas. Cities are supposed to fund their own flood mitigation.
  • Garcia will gain political favor during his re-election campaign if he can bring $191 million to the mayors within his newly redrawn precinct.
  • Voters did not approve eliminating Cedar Bayou projects.

So much for transparency in county government!

The Big Lebowski

As Lebowski said, “This is a very complicated case, Maude. You know, a lotta ins, lotta outs, lotta what-have-you’s.”

Only two things are certain:

First, the Democrats are breaking a promise. They are going against the will of voters.

Second, if this all comes to pass, someone will have to tell angry Cedar Bayou residents what happened to their flood-bond allocation. And right now, that someone will likely be Jack Cagle or an HCFCD employee. Not Adrian Garcia.

Posted by Bob Rehak on 10/23/2021, updated with more campaign spending data on 10/25/21

1516 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Redistricting Drama Thickens: Ellis Requests New Map To Make All Four Precincts Democratic

At a special redistricting meeting that lasted four and a half hours Thursday night, approximately 100 people spoke out against Rodney Ellis’ redistricting plan. Only two people endorsed Ellis’ Plan and a third liked an element of it. An exact count of those who spoke for or against is difficult because the video/audio feed went down for several speakers precisely as the Harris County Republican Chair got up to speak. At the end of the meeting, no map emerged as a clear redistricting winner. But Commissioner Ellis requested the county’s redistricting mapmaker to come up with a map that created four Democratic precincts “just to see what it looks like.”

To this observer, Ellis’ request came across as a not-so-subtle threat designed to discourage the withering protests against his plan that would have created a mere 3-1 democratic majority.

He clearly hopes to make Harris County a second Big D in the state of Texas.

Meeting Gets Off to Slow Start

The hastily called and poorly organized meeting took almost an hour to get started. During the meeting, County Judge Lina Hidalgo and Commissioner Adrian Garcia claimed they had nothing to do with Ellis’ proposed map and had not submitted their own recommended maps.

One hundred people signed up to speak either in person or online. Twenty-two came from Precinct 4; most speakers had exactly one minute to address the court and dozens were cut off in mid-sentence. However, those who brought slides, maps or props, such as League of Women Voters and Houston in Action, received more time.

Persistent Themes by Public Commenters

Members of the public commented about several persistent fears they had re: the Ellis Plan. They felt:

  • Communities of interest, such as Asian-Americans would be severed.
  • Working relationships with commissioners would be destroyed.
  • Service request response time would suffer.
  • A Democratic supermajority would enable tax increases and reckless spending.
  • Senior centers such as Bayland would be disrupted.
  • It would have a negative impact on parks and recreation.
  • Drastic change is not needed
  • Doubling Precinct 4’s size would be setting it up to fail.
  • The gerrymandering is a “power grab”.
  • Citizens want Democrats and Republicans to work together.
  • The plan will have unintended consequences.
  • Ellis’ Map doesn’t come close to meeting the criteria for redistricting unanimously approved by Commissioners.
  • Commissioners should be re-elected based on the service they provide, not by gerrymandering.
  • The process behind the plan lacks transparency.
  • It’s an act of self-preservation.

Desire Not to Split Up Communities

A recurring theme among the many speakers was a desire not to have communities split up. Under the Ellis Plan, the City of Humble would have been split into two precincts. Representatives from Aldine and Barret Station also expressed wishes to have one commissioner.

Houston City Council Member Amy Peck spoke against Ellis proposed map along with former Precinct 3 Commissioner Steve Radack.

Challenger for County Judge Seat Speaks Against Ellis Plan

Martina Lemond Dixon who will challenge Lina Hidalgo in the next election also spoke against the Ellis Plan. Dixon felt it would be “dangerous” during the next disaster. She said Ellis’ plan would put a majority of unincorporated Harris County in one precinct “for the sole purpose of political power.”

Dixon also said that if the Ellis map is “adopted by a majority of this court, you will have voted to abandon the majority of voters in unincorporated Harris County. The recommended map won’t stop the current crime wave. It won’t get traffic moving. And it won’t keep the water out of our homes. It will only ensure that these problems persist.”

At the end of her one minute speech, Hidalgo told Dixon “I look forward to a spirited contest.”

Concern about Diminished Support for Community Resources

Another persistent threat among many speakers was a concern about how Ellis’ map would diminish support for community centers and parks in many areas.

Many speakers from Bayland Community Center lined up against Ellis’ proposed map. The center, along with dozens of other resources, would have been crammed into Precinct 4, without increasing the Precinct 4 budget to operate and maintain them.

Precinct 3 Commission Ramsey, who would have seen the size of his precinct cut in half by Ellis, stated that he would lose 29 parks and community centers along with 5,000 miles of roads. Ramsey pointed out that Precincts are not like Congressional Districts. Precincts do more than represent people; they actually provide services that support quality of life.

“Corrupt” and “Chaotic”

Ramsey would lose 450,000 constituents under the Ellis Plan. Ramsey called the plan “corrupt and chaotic.”

Democratic Precinct 2 Commissioner Adrian Garcia bristled at that suggestion. He said that if Ramsey persisted in using that word, three fingers would be accusing him of the same thing from the other side of the table. The “three” referred to Democrats Hidalgo, Garcia, and Ellis. It seemed like a childish, schoolyard act of bullying.

But Ramsey did not back down.

Cagle Lists Numerous Concerns

Commissioner Cagle said that his overall concern was to protect his constituents. He claimed his proposed map was the closest to the status quo while still meeting constitutional and other legal requirements.

The Cagle proposal made minor “tweaks” to precinct boundaries rather than major changes. It respected population changes and diversity, but didn’t divide cities. It also kept voting locations intact and provided sufficient voting locations, unlike the Ellis Plan, which would have given Republicans fewer voting locations.

Cagle also claimed that Ellis Plan significantly changed the demographics of precincts and did not respect diversity, a claim echoed by many from the public.

Commissioner Cagle feared that adding 2000 miles of roads, 29 parks and 450,000 people to his district without making provisions for additional funding would disrupt emergency and other services. In that regard, he had a staffer drive from one end of the Precinct 4 boundaries proposed by Ellis to the other end. It took more than 5 hours – longer than it takes to get to Dallas.

In the end, Cagle called the Ellis Plan “not practical.”

Said Cagle, “We serve the people in real time, we are NOT just policy makers.”

Jack Cagle, Harris County Precinct 4 Commissioner

Ellis Calls for Quick Resolution

After several people complained about having neither the time, nor the data, to analyze proposed maps, Commissioner Ellis said, “We need to put this baby to bed.” Then he asked for a map that would make all four precincts Democratic and suggested Commissioners Court should vote on the map(s) next Tuesday.

Redistricting is not on the Court agenda that was posted this morning for next Tuesday. But it could still be added via a supplemental agenda posted at the end of the day on Friday.

Three Leading Maps Now in Contention

Below are maps produced by three commissioners as of 2:30 PM Friday, October 22, 2021.

Proposed new Harris County Precinct Boundaries in Ellis Plan
Proposed new Harris County Precinct Boundaries in Ellis Plan. Lines represent existing boundaries. Colors represent proposed boundaries.
Precinct 4 Commissioner Jack Cagle’s recommended plan.
Precinct 3 Commissioner Tom Ramsey did not make recommendations beyond his own precinct’s boundaries.

Additional maps proposed by citizens and groups and other information can be found on the county attorney’s redistricting website. Here are the redistricting criteria that commissioners unanimously approved on July 20, 2021.

Meeting Adjourned with No Action Taken

Lina Hidalgo adjourned the meeting at 8:25 p.m. with NO ACTION TAKEN. A vote on a new redistricting map has yet to be scheduled.  

Posted by Bob Rehak on 10/22/21

1515 Days since Hurricane Harvey

Redistricting Countdown: What You Can Do to Help Stop Partisan Gerrymandering

Below, is a message about gerrymandering reprinted verbatim from Harris County Precinct 4 Commissioner Jack Cagle. It discusses a redistricting proposal that will be considered in a special meeting of Commissioner’s Court tomorrow afternoon at 4 PM. In addition to the issues I discussed yesterday, it addresses:

  • Creation of a supermajority as it relates to…
  • The ability to push through tax increases
  • Responsiveness to citizen requests
  • Potential loss of services and programs in Precinct 4
  • What you can do to help prevent partisan gerrymandering

But first, here are three maps:

  • Current boundaries
  • Areas that lean Republican or Democratic
  • Proposed new precinct boundaries

Together they show how gerrymandering will increase partisan advantage.

Current Precinct Map for Harris County, TX
Lines indicate present precinct boundaries. Red = Precincts voting predominantly Republican; Blue = Precincts voting predominantly Democratic.
Proposed new Harris County Precinct Boundaries in Ellis Plan
Proposed new Harris County Precinct Boundaries in Ellis Plan. Lines represent old boundaries. Colors represent new boundaries.

Mentally overlay political preferences in Map 2 and the the colored precinct of proposed precincts in Map 3. You can see how Ellis’ proposed redistricting plan would create three predominantly Democratic-leaning precincts by gerrymandering. It would also create one huge Republican-leaning precinct. Currently, we have an even split. With that, here’s a…


Message from Precinct 4 Commissioner Jack Cagle

With redistricting season in full swing, the full weight of ugly partisan gerrymandering has now descended upon Harris County. County Commissioner Rodney Ellis has proposed a redistricting map that is frankly absurd. 

This map [#3 above] attempts to wedge as many residents of unincorporated Harris County as possible into our precinct – Precinct 4. The rest of those residents, including many of you, would be spread out among the three other precincts, weakening your voting strength and your representation.

This proposed map is a bizarre jigsaw puzzle that looks like a crooked table. It leaves Precinct 4 stretching from Baytown over the top of Houston into Katy without even touching the county’s core. At present, Precinct 4 borders only one county. Under this proposal, it would border FIVE. Commissioner Tom Ramsey’s precinct area would be shrunk to nearly half its current size.

What does all this mean for you?

  1. It may mean higher property taxes. If the court majority is successful in passing this plan, they may achieve a new 4-1 supermajority that would allow them the votes needed to pass the tax increases twice denied them when I joined with commissioners Ramsey and Steve Radack to deny them the necessary quorum.
  2. For some of you, it will mean being redistricted into a new precinct, thus losing the representation and responsiveness you’ve come to expect from Precinct 4.
  3. Fewer services and programs. With one precinct responsible for the vast majority of unincorporated Harris County’s roads and parks, but provided with only one-fourth the funding, the precinct may have to make some difficult choices about which services to provide. Unincorporated residents clearly face being underserved.
  4. It could also mean the court’s new supermajority would be able to deny Precinct 4 the future funding needed to pay for the transportation and other needs such a vast precinct would require.

Citizens across our entire country have been extremely vocal about their opposition to overtly partisan gerrymandering, but this map ignores those voices. In fact, in a hasty attempt to force this plan through as quickly and quietly as possible, the court majority has scheduled a hasty public hearing for Thursday, and they may force a vote on the issue at Commissioners Court as early as next week.

I am urging you to review this proposal and make your voices heard on this crucial issue. If you wish to express your opinion, you may contact my office at 832-927-4444 or at cadir@hcp4.net. You may also reach out to:

You may also register to speak in person or virtually at the specially called meeting of Commissioners Court at 4 p.m., Thursday, Oct. 21.

Harris County Precinct 4 Commissioner Jack Cagle

The meeting will be on the ninth floor of the Harris County Administration Building at 1001 Preston in downtown Houston. If you wish to speak to the court on this issue or to watch the proceedings live online, please go to: https://www.hcp4.net/appearances/.

Sincerely,

R. Jack Cagle


Posted by Bob Rehak on 10/20/21

1513 Days after Hurricane Harvey