TX HD 129: John Davis Sends His Wife To Attack Sherrie Matula, Creates His Campaign’s Sixth Ethics Violation

Unable and unwilling to attack Sherrie Matula on the merits of her campaign, State Rep. John Davis (R-Clear Lake) has sent his wife out to do the dirty work with a misleading mail piece sent on Jayne Davis’ letterhead.

Full of hateful diatribes and repeatedly refering to Matula as “that woman,” the mailer contains no paid political advertising disclaimer in direct violation of state law. Davis has already been fined by the Texas Ethics Commision three times and has two more ethics complaints pending with the Commission.

The mailer notes:

My husband has maintained the high ground, campaigning on his record, while that woman has plumbed the depths, searching for the bottom.

In addition, Jayne Davis claims that her husband has made accomplishments in the Legislature, but can only manage to point to two, one of which is “protecting private property rights.” The other is obtaining funding for a local facility.

The letter also makes blatantly false claims, such as this:

My husband has worked as an advocate int he legislature for those perons who suffer from mental illness and mental retardation. he has stood in Austin for those who cannot speak for themselves.

This is, however, a blatant lie:

If that isn’t enough for you, try these on for size:

Voted Against Attempts To Reduce Cuts To Medicaid & Children’s Health Insurance Program. Amendment 11 to CSHB 1, 78^th Regular Session, would have instructed the Comptroller of Public Accounts to reduce appropriations to HHSC and TDH by $524 million for 2004-2005 for “Medicaid cost containment.” The reductions were to be made to all Medicaid appropriations. Rep. Coleman offered Amendment 16 to CSHB 1 which would have reduced the $524 million cut to $250 million. In addition, Amendment 11 included a rider which created one of many shell-game style shifts in funding to offset the anticipated budget shortfall, and would have taken the $524 million from Medicaid and CHIP and funded a variety of education appropriations.[1] Coleman’s amendment would have removed the education appropriations from this rider and essentially come much closer to fully-funding CHIP. Davis voted to TABLE Amendment 16, meaning he voted AGAINST fully-funding Medicaid and CHIP, hurting poor and middle class Texas families and setting in motion the troubles for CHIP. [House Journal, 50^th Day, 78^th Regular Session, Record Vote 229, Pgs. 1424-1425].[2]

Voted Against Funding The Medically Needy Adults Program. The medically needy adults program was a TANF (Food Stamp) program administered by HHSC under Title XIX of the Social Security Act, which is the basis for Medicaid. The General Appropriations Act of 2003 (CSHB 1, 78^th Texas Legislature) dumped funding for the Medically Needy Adults program. Amendment 32 (Amendment 32, [2^nd Rd. Hse.] CSHB 1, 78^th Legislature) and subsequent amendments to the amendment would have funded MNAP to the tune of $60,8000,000 from general revenue to restore the program scuttled by the HB 1 and it subsequent Committee Substitute. Rep. Davis voted to TABLE Amendment 32, meaning he voted AGAINST helping medically needy adults afford food and receive TANF assistance, meaning that only pregnant women and children are considered for the medically needy program. [House Journal, 78^th Regular Session, 51^st Day,  Record Vote 237, pp.1452-1453].[3]

Davis Voted To Put Corporate Welfare Above Texas Teachers. John Davis voted to TABLE an amendment which would have prohibited the use of state funding for state refunds for economic development in favor of a $20 million appropriation for teacher health insurance. Davis vote was AGAINST Texas teachers. [Amendment 36, CSHB 1 (Hse. 2^nd Rdg.) 78^th Texas Legislature, House Journal, 51^st Day,  Record Vote 238, p. 1454].

Davis Voted For Making Children’s Medicaid Reapplication More Difficult, Making Asset Test More Difficult. John Davis voted AGAINST increasing appropriations for maintaining the mail-in application and renewal process for children’s Medicaid and maintaining the asset test from Medicaid simplification by voting to TABLE an amendment which would have funded those areas. [Amendment 37, CSHB 1 (Hse. 2^nd Rdg.) 78^th Texas Legislature, House Journal, 51^st Day, Record Vote 239, pp. 1455-1457].

Davis Voted Against Effectively Fighting The War On Drugs. Davis voted to TABLE an amendment which would have appropriated funds for drug courts, state jail substance abuse programs, mental health services for offenders and similar programs, meaning he voted AGAINST effectively funding mechanisms which are better to fight the war on drugs than narcotics task forces (which is where the funding would have come from). [Amendment 46, CSHB 1, (Hse. 2^nd Rdg.) House Journal, 51^st Day, 79^th Texas Legislature, Record Vote 244, pp. 1463-1464].[4] Davis also cast another vote against effectively fighting the drug war by denying additional funding to the Commission on Alcohol and Drug Abuse for prevention services.[5]

John Davis Voted Against Making Sure Texas Children Are Immunized. Davis voted against increasing funding for immunizations. He voted to TABLE an amendment which would have increased this funding. [Amendment 66, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 248, pp. 1472-1473].[6] Davis was AWOL when it came time cast a similar vote on another amendment which would have increased immunization funding, meaning Davis missed an opportunity to correct his previous vote. [Amendment 68, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 249, pp. 1474-1475]. Davis voted to TABLE yet another amendment which would have increased immunization funding. [Amendment 69, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 250, pp. 1475-1476].

John Davis Voted Against Children With Special Needs. Davis voted to TABLE an amendment which would have increased funding for Special Needs Children. [Amendment 74, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 252, pp. 1477-1478].[7]

Davis Voted Against Healthcare For Pregnant Women. Davis voted to TABLE an amendment which would have increased Medicaid funding for pregnant women. [Amendment 89, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 257, pp. 1486-1487].[8]

Davis Voted Against Fully-Funding CHIP. Davis voted to table an amendment that would have fully funded CHIP to 200 % of FLP with full benefits for children 0-12, and 6 months of continuous eligibility. [Amendment 101, CSHB 1 (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 260, pp. 1492-1495].

Davis Voted Against An Adequate Personal Needs Allowance For Nursing Home Patients. Amendments 115 and 116 to CSHB 1 in 2003 dealt with the Personal needs Allowance for nursing home patients. Amendment 116 was an amendment to 115 adopted without objection[9] which would have specifically set that the Personal Needs Allowance be set at not less than $60 per month. Davis voted to TABLE Amendment 115, as amended, meaning he voted AGAINST providing a fulfilling personal needs allowance for nursing home patients. [Amendment 115, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 250, pp. 1500-1501].

Davis Voted Against Helping Low-Income Texas Families Better Afford Expenses Associated With The Start Of A New School Year. An amendment to the GAA would have restored the annual TANF $60 back-to-school supplement. Davis voted to TABLE the amendment, meaning he voted AGAINST helping Texas families. [Amendment 117, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 262, pp. 1501-1502].

Davis Voted To Penalize Low-Income Families Who Own Vehicles To Help Them Get To Work And Keep Jobs. An Amendment to CSHB 1 would have fully restored the TANF asset limit and vehicle exemption. Davis voted to TABLE the amendment, meaning he voted to keep more people from receiving the assistance they need. [Amendment 118, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 263, pp. 1502-1503].

Davis Against Mentally Ill Texans. Davis voted to TABLE an amendment which would have maintained the current number of state mental hospitals, meaning he voted against mentally ill Texans. [Amendment 122, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 264, pp. 1505-1506].

John Davis Voted Against Retired Teachers. John Davis voted to TABLE Amendment 261 to CSHB 1 which would have provided $3.25 million for the Teacher Retirement System. [Amendment 261, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Cay, 78^th Texas Legislature, Record Vote 287, pp. 1601].

John Davis Voted Against Health Insurance For Teachers. John Davis voted to TABLE Amendment 279 to CSHB 1, which would have provided $442.6 million to the Texas Education Agency for school employee health coverage. [Amendment 279, CSHB 1, (Hse. 2^nd Rdg.), House Journal, 51^st Day, 78^th Texas Legislature, Record Vote 295, pp. 1614-1616].

Number one, if Davis wants to attack Matula, he should do it himself, not send out a mailer that could mislead voters into thinking it was handwritten. After all, it actually had a First Class stamp on it.

Number two, he’s violated state law–for the sixth time.

Number three, Jayne Davis is actually lying in the mailer. All of that is uncalled for.

Programs for High School Students Program: $50,000,000; Texas Education Agency for the Instructional

Facilities Allotment and the Existing Debt Allotment: $115,000,000; Texas Education Agency for Regional Education Service Centers core services, $10,000,000; Teacher Retirement System for TRS-Care: $220,000,000; and Teacher Retirement System for minimum effort transition assistance component of TRS Active-Care: $27,000,000. [Amendment 11 (Second Reading, Hse.), CSHB 1, 78^th Regular Session]

[2] The statement of vote in Amendment 11 by Alonzo, Bailey, et al is a good reference for framing the debate on Davis’ vote: “We support additional funding for education. However, the funds are more appropriately taken from the Economic Stabilization Fund 0599 (the Rainy Day Fund) as opposed to cutting services to the frail and elderly, the infirm, and others in need now being served by the Health & Human Services Commission and the Texas Department of Health. There remains a significant unexpended balance in the Rainy Day Fund. Further, a portion of the Rainy Day Fund has earlier been earmarked for a gubernatorial slush fund which, in times of an extreme budgetary shortfall, is merely a “want” and not a “need.” There is no need to choose between kids who need an education and adults in need of serious help–especially when money is available for both.” [House Journal, 50^th Day, 78^th Regular Session, p. 1427].

[3] Implementation history of the Medically Needy Program can be found via HHSC, http://www.hhsc.state.tx.us/programs/TexasWorks/medicalprograms.html.

[4] A vote against tabling this amendment would have been a forward-looking, forward-thinking, progressive vote. Since this time, the era of such drug task forces (which are responsible for situations such as the Tulia scandal) has essentially come to an end, and Federal Byrne grants even no longer exist to solely fund such task forces. Davis, of course, did not cast a progressive vote.

[5] This was on an amendment by State Rep. Aaron Pena, who lost a son to drug abuse. [Amendment 59, CSHB 1 (Hse. 2^nd Rdg.), 78^th Texas Legislature, Record Vote 247, House Journal, 51^st Day, pp. 1469-1470]. Davis voted to TABLE the amendment, meaning he voted against funding for drug and alcohol abuse prevention.

[6] The Centers for Disease Control and Prevention noted that Texas’ 2002 immunization rate was 71.3 percent, down from 74.9 percent in 2001. Davis voted against immunization funding in light of these low immunization rates. These rates were, in fact, so alarming that Texas Governor Rick Perry issued an Executive Order shortly after sine die instructing the appropriate state agencies to increase their focus on insuring that Texans were adequately immunized. [Executive Order RP25, July 31, 2003]. On this vote, Davis and other Republicans were out-of-step with public policy and even their own governor.

[7] See also Amendments 75 and 79, which are similar amendments to provide for children with special needs. Davis voted to TABLE both.

[8] See also Amendment 93.

[9] Although the amendment to the amendment was adopted without objection, it cannot be said that Davis voted “for” the amendment to the amendment. The Amendment to the Amendment was by Senfronia Thompson (D-Houston), author of the original amendment, and such amendments are traditionally accepted without dissent or vote, especially when the original amendment as amended will be defeated.

[2]According to its website, PSI “offers an extensive continuum of behavioral health programs to critically ill children, adolescents and adults and is the largest operator of owned or leased freestanding psychiatric inpatient facilities with approximately 10,000 beds in 31 states, Puerto Rico and the U.S. Virgin Islands. PSI also manages freestanding psychiatric inpatient facilities for government agencies and psychiatric inpatient units within medical/surgical hospitals owned by others.” For a list of PSI’s Texas-based facilities, go here: http://www.psysolutions.com/facilities/index.html#TX

[3] According to Texas Ethics Commission records, Masha M. Jones is a registered lobbyist for Psychiatric Solutions. She has given Davis $250 on 10/28/03 and $200 on 3/31/04.