The Texas Report 8/7

The Texas Report 8/7

What’s Happening:

• Suspended Attorney General Ken Paxton’s legal team works to invalidate every article of impeachment before Sept. 5 trial. (More here)

• Texas AG appeals recent judge order allowing women with complicated pregnancies to get an abortion (More here)

• Electric Grid Prices Surged 800% on Sunday (More here)

• Harris County Judge Lina Hidalgo steps away from elected duties to seek treatment for clinical depression (More here)

Conservative Republic Activist Dr. Steve Hotze has filed a federal lawsuit against Lt. Governor Dan Patrick to lift the gag order of the impeachment proceedings of suspended Texas Attorney General Ken Paxton.

The attorney for Hotze said in a statement, "All Texans should be concerned when their government passes a rule or gag order prohibiting them from speaking with their elected officials about a matter of state-wide importance." (More here by Capitol insider Scott Braddock)

This is not the first time Hotze has filed a lawsuit against his former ally Dan Patrick, as in 2021, Hotze and Texas Agriculture Commissioner Sid Miller teamed up for a lawsuit against Lt. Gov. Dan Patrick, Sergeant at Arms Rick DeLeon, and the Texas Senate over the requirement of COVID-19 tests for people participating in Texas Senate hearings.

Suspended Attorney General Ken Paxton’s legal team works to invalidate every article of impeachment before Sept. 5 trial.

Attorneys for Ken Paxton filed several motions over the weekend to attempt and dismiss the articles of impeachment, arguing that the allegations are baseless or his alleged actions were permittable under the legitimate duties of the attorney general's office.

In the filed documents, Paxton's attorneys routinely accused House impeachment managers of using "any means necessary" to "overturn the will of voters" who elected Paxton last year.

Paxton's team continued to downplay the accusations against him, adding that he never sought or received a bribe. "The Articles allege at most that the Attorney General received a benefit from a constituent at some point and that the constituent benefited from one or more actions the Attorney General at some other point undertook. That is not a bribe," Paxton's lawyers argued.

Paxton allegedly used the powers of the Attorney General's office to help Austin real estate developer and campaign donor Nate Paul in exchange for a home remodel and a job for a woman he was having an affair with.

On behalf of Paul, Paxton allegedly:

• Worked to subvert state and federal investigations into Paul's business dealings.

• They hired an attorney essentially at Paul's behest who would later subpoena several organizations involved in lawsuits against Paul and more.

In total, Paxton's team filed eleven motions. Through initial analysis, it doesn't appear he's challenging the facts behind the investigation but rather the legality of the conduct by the House General Investigating Committee.

House managers filed one request to clarify trial rules regarding the time per argument, the exchange of evidentiary exhibits, and the use of mobile devices.

The impeachment trial of Ken Paxton is scheduled to begin September 5th.

Texas AG appeals recent judge order allowing women with complicated pregnancies to get an abortion

State District Court Judge Jessica Mangrum of Austin issued a temporary exemption to the state's abortion ban to allow women with complicated pregnancies to obtain the procedure and prevent doctors from facing prosecution.

Hours later, the Texas Attorney General's (AG) office filed an appeal with the Texas Supreme Court, blocking the order from taking effect.

Mangrum wrote that the AG cannot prosecute doctors who, in "good faith judgment," terminate a complicated pregnancy. She additionally outlined those conditions as pregnancies presenting a risk of infection, fetal conditions in which the fetus will not survive, or when the pregnant person has a condition requiring regular, invasive treatment.

In her overturned ruling, Mangrum said that S.B. 8 (87th session by Senator Bryan Hughes R - Mineola) was unconstitutional, and the enforcement was beyond the legal powers of state officials.

Following the announcement by Judge Mangrum, Frist Assistant Attorney General Brent Webster said his office had appealed and called the injunction "an activist Austin judge's attempt to override Texas abortion laws." A trial to determine the issue and clarify what medical emergency justifies an abortion has been scheduled for March 25th.

Electric Grid Prices Surged 800% on Sunday

Per Bloomberg, Texas Grid power prices surged 800% as record heat pushed demand toward record levels and strained electric reliability.

Electrical prices for the grid rose to more than $2,500 a megawatt0hour Sunday evening, up from the Saturday high of about $275, according to data from the Electric Reliability Council of Texas (ERCOT). The surplus of available power capacity on the grid versus power consumption narrowed to 1.6 gigawatts Sunday around 6 p.m., which is a level that can trigger emergency responses. (ERCOT has additional reserves it can tap to meet demand.)

ERCOT issued a weather watch for Sunday and Monday "due to forecast higher temperatures, higher demand, and potential lower reserves," the grid operator said in an emailed statement Saturday afternoon.

According to the National Weather Service, most of the state is under a heat advisory, with large swaths of it under an excessive heat warning.

Harris County Judge Lina Hidalgo steps away from elected duties to seek treatment for clinical depression

Harris County Judge Lina Hidalgo announced Monday that she is temporarily stepping away from her elected position to check into an inpatient facility and receive treatment for clinical depression.

Hidalgo is the Chief Executive for the largest county in Texas, with over 4.728 million people.

Hidalgo will be on leave but said she will remain in communication with staff and be available in an emergency. Hidalgo checked into the facility in late July and expects to return in early September; the care center is in another state.

Hidalgo is writing a letter explaining the situation for Harris County constituents.

"I am writing to share with you that I am one of the over 21 million American adults that are suffering from clinical depression," Hidalgo wrote to Harris County residents. "For some time, I have been coping with this challenge, and it was undiagnosed until last month."

Hidalgo's chief of staff will continue managing office operations in her absence, she said.

In the letter, Hidalgo said it was vital for her to be transparent with voters about her health.

Hidalgo is one of the most high-profile Texas politicians and is considered a rising star by Texas & national Democrats.