The San Jacinto Waste Pits Trial

October 30, 2014

Jackie Young of Texans Together is blogging about the $3Billion lawsuit concerning the San Jacinto Waste Pits. From her blog:

The Waste Pits, created in 1965 by Champion Paper and McGinnis Industrial Maintenance Corporation, were discovered by State of Texas officials in 2005 when they found astronomic levels of dioxin in the San Jacinto River near the Interstate 10 Bridge. The Site was then listed as a Federal Superfund Site on the Environmental Protection Agency’s (EPA) National Priority List (NPL). In 2011 Harris County and Texas Commission on Environmental Quality (TCEQ) filed suit for 35 years of alleged violations at the Waste Pits from Waste Management of Texas, International Paper, and McGinnis Industrial Maintenance Corporation (MIMC).


The trial is taking place at the Harris County’s Civil Courthouse on the 14th floor in the 295th civil courtroom (201 Caroline, Houston, TX) beginning at 9:00amNick Anderson of the Houston Chronicle has provided a number of cartoons describing the Pits including this one:




TWIA and the TRCC. The past failures return to TWIA

October 17, 2014

In 2003 the Texas Legislature caved to the home builders of Texas and created the Texas Residential Construction Commission. (TRCC) The Commission was supposedly designed to protect homeowners with construction defects  yet just 6 years later the Texas Sunset Commission called for its abolishment. From the Sunset Report:

This recommendation would abolish the Texas Residential Construction Commission as an independent agency and repeal the Texas Residential Construction Commission Act (TRCCA). 


The Commission was so flawed even lobbying by Bob Perry, the home builder and owner of the Republican Party at the time, could not save it. It died.

Unfortunately the Texas Windstorm Insurance Association has adopted one of the most worthless parts of the TRCC, the Alternative Dispute Resolution Process. This process which was advertised as the shining star of the TRCC requires homeowners to submit to a lengthy process of inspections, boards, and appeals before filing a suit in court. The supporters of this claim it will help homeowners get their homes fixed in a timely manner instead of having to get an attorney and file a suit. Here is the process defined in a report by TWIA



That is exactly what they said about the TRCC and it failed miserably. The process is complicated requiring the help of an attorney. The process is lengthy which will drag on the complaint, by design. And the consequences of not following the process could severely limit your settlement. Instead of demanding that TWIA pay claims, the Texas Teabaggers just simply made it harder for homeowners to sue.

At least they gave the homeowners the right to sell their Constitutional right to a trial by jury for a few dollars. Arbitration is the 21th Century version of snake oil. It is a private, secret, justice system that will require legal representation and additional costs to the homeowner. It is a suckers court. According to the new rules of TWIA:

TWIA may offer a premium discount or credit against a surcharge not to exceed 10 percent of the premium, if a person elects to purchase a binding arbitration endorsement.

So to save a few dollars homeowners can now get screwed twice. Nice.


Tonight: The Rising Cost of Home Insurance in the Bay Area

September 18, 2014

If you have nothing better to do but wonder why your home insurance premiums have skyrocketed over the last decade after insurance reforms of 2003, come on by for a discussion on the topic. From the Bay Area Association of Democratic Women:

The Rising Cost of Home Insurance is Focus of BAAD Women Meeting on Sept. 18 

“John Cobarruvias, a consumer activist in the areas of new home construction and home insurance, will be the featured speaker at the BAAD (Bay Area Association of Democratic) Women meeting on Thursday, September 18. He will share his experiences as an activist and discuss the high cost of home insurance in the Bay Area, the history of home insurance reform and the actions of the Texas Windstorm Association (TWIA).” 

It all happens at the Bay Area Community Center in Clear Lake Park, located at 5002 NASA Parkway (across the street from lake) in Seabrook. The meeting, which is free and open to the public, begins with light refreshments at 6:30 p.m. followed by the program at 7 p.m.


The Tea Party fracking water crisis in Pappy Elkins Lake

August 31, 2014

Candidate for Railroad Commissioner, Steve Brown, visited Pappy Elkins Lake near Arlington.

This lake has been completely decimated due to nearby hydraulic fracturing and the lingering drought. The lake’s water once covered the small island in its center. Residents were further alarmed this week to find many dead fish floating on top of that lake. What’s worse, the local government there has not kept track of just how much water from the lake has been used for drilling purposes.

Here is a picture of the lake from late 2007:

And here is the lake in 2013:



Dallas Business News has more:

XTO, which is owned by Exxon Mobil, denies that it took 1.4 million gallons more water than it was permitted for. Its permit allowed for the removal of about 3.3 million gallons of water over 12 months between December 2009 and 2010; in turn, the city would pump however much water XTO used back into the lake from a city well.

Steve Brown is onto something. This drought and fracking situation has been neglected by the Tea Party for a decade requiring a raiding of the Rainy Day Fund due to lack of rain and lack of planning. The Rainy Day Fund was not created to cover mismanagement. It required a vote by Texas citizens in order to allocate funds for this purpose. 

It is not the first time they have neglected a situation then came riding on a white horse to fix the problem. It is called “planning by emergency”. Any idiot can make a plan after an emergency arises. 
It takes leadership to prevent the emergency in the first place.

The Texas Department of Insurance Companies (T-DICS)

July 30, 2014

The Texas Department of Insurance should be renamed to the Texas Department of Insurance Companies (Texas-DICS). They department as a whole (not the individuals working there) are as impotent as the Texas Ethics Commission, unable to do the job they were designed to do in the first place, protect the consumer. From Paul Burka of Texas Monthly:

As for the question of whether TDI is an ally of the insurance industry or an ally of consumers, the facts speak for themselves.

Burka was talking specifically about the 75% rate hike for long term health insurance, a hike the DICS eagerly approved. Ever since Rick Perry’s insurance reform of 2003 property rates have skyrocketed especially along the coastal areas. Under the banner of “less regulation”, TDI can only watch as the industry continues to raise premiums and the Texas Windstorm Insurance Association continues to drown in debt. Much like the Texas Ethics Commission, they have become a paper tiger, a wet noodle, a worthless gathering of talented people willing, but unable, to do the work of the people. This is all by design.

Luckily for the insurance industry, most Texans are more concerned about their taxex going up $10/year than their mortgage going up $100/month due to a rise in home insurance. Texans tend to be easily distracted.


No Jail. No Bail. No Permanent Record.

July 25, 2014
From the Houston Chronicle

Democratic nominee for Harris County District Attorney, Kim Ogg, will have a press conference today (copied below) to outline her vision for the District Attorney’s office including the future of misdemeanor marijuana prosecution.

If you have ever been a member of a grand jury in Harris County this one issue might be of interest. Marijuana possession is illegal. No one disputes that, but many question taking six police officers off the street to book an individual with a joint. Or putting an extra burden on our jail system. Or flooding a grand jury with cases of possession of trace amounts of weed, reefer, MJ. There has to be a better way.

No Jail. No Bail. No Permanent Record. This sounds promising. If someone is not endangering others, but are in possession of a small amount of weed, they should be held accountable, but we shouldn’t be punished for it also. A heavy fine and enough probation to make someone want to wait till marijuana is legal sounds like a better way to handle these issues, although I do not know the specifics of her proposal. It should be discussed at her press conference.

For Immediate Release

Press Conference — Kim Ogg for Harris County District Attorney
Contact: @kimoggforda & @harriscountyyd
Date:  TodayFriday, July 25, 2014
Time:  10:00 am
Place: Jury Assembly Plaza (public area directly across from the Harris County Criminal Justice Center – 1201 Franklin)

What:  Kim Ogg will detail her vision and plan to begin changing the direction of criminal justice in Harris County by introducing the G.R.A.C.E. (Government Resource Allocation/Criminal Exemption) Program –the future of misdemeanor marijuana prosecution in Harris County:  “No Jail.  No Bail.  No Permanent Record.”


Before you buy AT&T's Mobile Share Value Plan

July 7, 2014

AT&T has been advertising a new mobile plan. You might want to read the fine print before signing up.

The plan allows 4 phones to share 10GBs of data, unlimited calls and texts for $160/month which is a pretty good deal. In the past once you signed up for a plan under AT&T you could upgrade your phones periodically at a discounted rate if you sign a 2 year commitment. With this new plan, the commitment by AT&T to provide the discount is gone.

Turns out AT&T still requires the two year upgrade, but you pay $25/month more for the phone. So your $160/month can easily turn into a $260/month for 4 phones. I’ve been with AT&T before it was called AT&T. This is the first time I found them to be deceiving, less than truthful. It was always very easy to upgrade and there wasn’t any fine print. Now you need reading glasses.

So after the $160/month plan and upgrading your phones, the plan is just as expensive as it was before. 

Others have noticed this gimmick and many have complained on the AT&T forums. Duglin.net has a detailed review:

What AT&T doesn’t clearly explain in their advertising is that the monthly discount for each phone no longer applies once you upgrade to a new phone by renewing your contract and buying a subsidized phone.


The Ike Dike Tax Hike

June 5, 2014

A $12Billion “Ike Dike” is being proposed by local businesses for the Galveston area. Guess who is going to pay for it? From KHOU:

http://swfs.bimvid.com/player-3.2.15.swf
According to the newly formed “Bay Area Coastal Protection Alliance” the Dike would cost taxpayers $6B, which in real world terms is about $12B and will be built within 2 years. (yea, right) There is no argument, hurricanes cause a tremendous amount of damage, but you have to wonder if a dike is needed in Galveston, then will we need one for the Port of Houston? And the Corpus area? New York? The State of Florida?

And who will pay for that? I think the Ike Dike Tax Hike Alliance is going to have a very difficult sell on their hands. I am sure if it is built all the savings the insurance industry will reap will flow down to the policy holders.


Texas new law requires coastal residents to bailout TWIA

June 2, 2014

This is almost funny.

After a decade of “reforms” of the insurance industry, the Texas Windstorm Insurance Association is on the brink of financial ruin. Prior to 2003 TWIA covered only 6% of the coastal areas, a truly last resort insurance option. Today they cover over 70% becoming the only resort for most home owners. And now after massive failure, the Texas Legislature passed a bill that allows TWIA to pass a surcharge to those in the coastal areas to bail out TWIA. From the Brownsville Herald:

The updated rules provide for a surcharge on auto and property insurance policies to help pay for claims if TWIA reserves are exhausted and if the first level of “post-event” bonds issued aren’t sufficient to cover claims.

So after a decade of promises of lower rates, better coverage, and lower premiums, the people along the coast, who voted for the people who made these promises, are now going to be the people who pay for it. The only thing they have left is to laugh at themselves for being such incredible, gullible, fools and for doing nothing about it.

So if you want to blame someone, blame yourself. If you want to complain, contact your State Representative, John Davis. He will be retiring and paying his insurance bill with your tax dollars. Your State Senator, Larry Taylor, owns an insurance agency and sells TWIA policies. You will be bailing him out also.

It’s almost funny.


Evaluating TXU's Texas Choice 12 Plan

April 13, 2014

Electricity prices are not very easy to compare, almost impossible. Recently I evaluated the claims by Reliant Energy’s “Sweet Deal” plan. Here is an evaluation of TXU’s “Texas Choice 12“. The bottom line is that Texans should choose a different provider.

First this plan is advertised at 12.90 a kWh, a 3% cash back, and a $150 cancellation fee. Unfortunately that rate is for usage of 2000+ kWh per month. Most individuals would never reach that threshold to qualify for this rates. The rate for using between 1000 and 2000 is 13.60, which is what I used for my calculations. They also have a $4.95 monthly fee for the “privilege” of being charged for electricity. And don’t forget if you conserve energy and use less than 500 kWh per month, the charge is an outrageous 15 cents! From TXU’s website:

Average Monthly Use Average Price per kWh
500 kWh 15.00 ¢
1000 kWh 13.60 ¢
2000 kWh 12.90 ¢

Based upon all of the above and my usage over the last year the bottom line is $1541.60 for the entire year with an average of  13 cents a kWh. That includes the whopping $38 cash back for the entire year.

I would rate this TXU Energy Texas Choice 12 Plan nothing more than a gimmick. Look elsewhere. There are much better deals. I went with PennyWise, but there are no guarantees the same plan exists today.

Now, how is that electricity deregulation ushered in by Enron doing for you?


Exploration Green Groundbreaking Celebration in Clear Lake.

March 29, 2014

The old Clear Lake Golf Course is becoming the new Exploration Green Park. Visit www.explorationgreen.org for more information and come out to see what the “old golf course” is going to  become!


Er beendet ist! VW logo in glass

March 29, 2014
Volkswagon Logo in glass


Recapping the process of choosing an electricity provider

March 15, 2014

Who proposed to deregulate electricity? Ken Lay and Enron. How has that worked out fer ya?

After a week of attempting to find the best electricity provider I finally selected one, but it wasn’t as easy as “shopping around” or visiting the Power To Choose website. Here is what I found:

  1. PowerToChoose.org website lacks the PowertoCompare. It does not have the ability to truly compare prices which would include penalties for conserving energy, monthly fees, credit check fees, fees for auto deduction, or application fees.
  2. Hidden fees. Many, if not all, providers will charge you a fee of $9 – $20.00 if you conserve energy and use less than 1000 kWh in a month. Last year I had only 4 months over 1000.
  3. Not so hidden fees. Some providers simply charge a monthly fee ranging from $9 to $15. 
  4. No PowertoCompare. The PowertoChoose There is no capability to truly compare rates. My poorly crafted spreadsheet accepted the cost per kWh, the monthly fee, and the penalty and calculated a cost per month based upon last years usage and the average cost per kWh. (I’ll blog the results later)
  5. Other plans. The Power to Choose does not have all the plans available. I was able to select a plan when I found the company had other lower cost plans available. 
  6. Auto deductions. Some providers will also charge you a fee, about $12, if you are not enrolled in an auto deduction program.
  7. Reversed hidden fees. I found a couple of providers out of the hundreds available, that actually charges less per kWh if you are below 1000 kWh. This blew my spreadsheet, so I need to research this a little more.

Centerpoint energy actually has a website (mytruecost.com) that can compare prices based upon your usage over the years if you have an electronic meter. Unfortunately not all the electricity providers participate. There’s always a catch.


And yet one more surprise in my PowerToLose

March 11, 2014

OK this is my last update on my saga of selecting a new electricity reseller.

As I said last time:

I have finally settled on Penny Wise at an advertised rate of 8.7 cents per kWh. It’s not without caveats.


Yep. The caveats got me. It turns out this great rate was based upon using 2000 kWh per month, a limit I have never achieved in my 2400 sq ft home. My usage has not ever topped 1500 and only 4 months out of the year have I been over 1000 kWh. The 8.7 cent rate was based upon using 2000 kWh a month, a detail buried in fine print. The real rate for those using less than 2000 is 9.2 which in my case, based upon my historical usage and factoring fees and penalties, comes out to 9.8.

So, 9.8 is only .2 over my last rate but I had to scrap to find it. I do remember the 7 cent rate I had for many years prior to deregulation, but someone has to pay the salaries of the middlemen resellers.


The Power to Lose at the PowertoChoose.org

March 6, 2014

Shopping around for an electricity provider isn’t as simple as comparing rates at the PowertoChoose.org. It’s easy if you mindlessly accept the lowest cost per kilo watt hour without reviewing the hidden fees or penalties.There are hundreds of plans available with enough options to make you think electricity deregulation has been a complete failure. (it is)

After a few hours of research, which included creating a spreadsheet to compare plans based upon last years usage, I found the following about the plans available:

  1. Hidden fees. Many, if not all, providers will charge you a fee of $9 – $20.00 if you conserve energy and use less than 1000 kWh in a month. Last year I had only 4 months over 1000.
  2. Not so hidden fees. Some providers simply charge a monthly fee ranging from $9 to $15. 
  3. No PowertoCompare. The PowertoChoose website lacks the PowertoCompare. There is no capability to truly compare rates. My poorly crafted spreadsheet accepted the cost per kWh, the monthly fee, and the penalty and calculated a cost per month based upon last years usage and the average cost per kWh. (I’ll blog the results later)
  4. Other plans. The Power to Choose does not have all the plans available. I was able to select a plan when I found the company had other lower cost plans available. 
  5. Auto deductions. Some providers will also charge you a fee, about $12, if you are not enrolled in an auto deduction program.
  6. Reversed hidden fees. I found a couple of providers out of the hundreds available, that actually charges less per kWh if you are below 1000 kWh. This blew my spreadsheet, so I need to research this a little more.

So, if you think it is easy to shop around, well it is, if you are willing to accept higher rates with hidden fees. KHOU has more on the hidden fees:

http://swfs.bimvid.com/player-3.2.15.swf

UTSA! Go Runners!

January 2, 2014
UTSA Roadrunners Logo in stained glass


A recap of the Astrodome junk sale

November 3, 2013

If you were looking for memorabilia at the Astrodome “yard” sale, there wasn’t much available except for leftovers. It was as if the items that have been available since the building was closed (ten years?) were picked clean with some pieces left to look like someone actually cared about a public auction. I wasn’t impressed.

The best of the day was the Astrodome seats. By 6:30 there were thousands in line for 500 pairs of seats for $200. That was a deal if you enjoyed standing in line for 6 hours just to find out they had sold out. Why it took 6 hours to sell 500 pairs is beyond me. The line was incredibly slow.

The concession items went for near nothing, but what did they expect to get for hotdog warmers that collected dust for 10 years? The faded on-deck circles for various teams were auctioned for $2300 each. Again these were leftovers. The circles for the New York Mets or any other major team were not available.Stained glass panels with a traditional pattern in dark glass, some broken, went for $400 each.

The items that I thought were interesting went for an outrageous amount of $1300 each. These were the “astronaut” helmets used by the groundskeepers who raked the fields during the 7th inning stretch back in the 60’s. The buyer took all 9 that were available. There were sideline benches, some autographed posters, and some Astrotuff with the word “Astrodome” available. And some idiot paid $1500 for an ugly autographed locker made out of press board. It wasn’t much to brag about. Turnstiles went for $4200.

Besides the seats I wasn’t impressed with the auction.


There's no place for Dome

October 23, 2013

I believe most of Harris County Commissioners are not interested in saving the Astrodome, but are interested in saving face by acting like they are interested in saving the Astrodome. As a perfect example take the horrible ad they created to encourage voters to vote for the $217 Million referendum to save the Astrodome from being demolished:

Insert Ad Here

Well shit! I can’t even find the damn commercial that some ill funded PAC, endorsed by Judge Ed Emmitt, produced. Hell if a blogger can’t find a video to make fun of, then it probably can’t be found by anyone wanting to make fun of it. It’s not that I haven’t seen it. I have, and it sucks. It relies on people’s sentimental value of the Dome and not much else especially what we will get for $217 Million!

Living in Clear Lake I have not seen commercials advocating for the Astrodome. I haven’t seen the Facebook ads. I haven’t seen a tweet calling to SAVE THE DOME! I haven’t seen the multi-colored door hanger. If the County Commissioners were really that interested in saving the Astrodome they would have done something substantial to do so. They didn’t.

And there is now no place for Dome. Mission accomplished. Face saved. Dome gone.



The doom of the dome nears

August 29, 2013

In November those who vote in Harris County will decide to put the Houston Astrodome out of its misery. From KHOU:

Harris County voters will determine the fate of The Astrodome in a bond referendum on the November ballot, a $217 million plan to convert the dome into a convention and exhibit facility. The Harris County Sports and Convention Corporation put forth the proposal after rejecting a number of privately-submitted proposals that it decided weren’t financially feasible.

I doubt the voters are going to buy the $217 Million plan for something they would probably never use and there just isn’t any excitement or movement to save the Dome.

I can remember some great games like when we played the Phillies in the 1980 playoffs.  I stood in line for half a day with a case of beer shared amongst those in line. My high school buddy, Pete, and I bought tickets to game 4 and 5 with the hope of buying a ticket to the World Series. Needless to say, it didn’t happen but that was a great game 4 and 5! I still have my tickets from the game on my wall. See a recap below:

There were other memories, like when I lost my car in the parking lot after an Oilers game. That wasn’t fun. Or having season tickets to the Oilers in the first level of the endzone. And who could forget the Dome Foams, the giant beers served in cups the size of a large popcorn? And the scoreboard?

But, that will be over come November. Voters are not going to pay $217 Million for a convention center that they will never use. It just isn’t going to happen and most probably that is just what Judge Ed Emmett wants. He doesn’t seem to be enthusiastic about the bond election.

Maybe he has other ideas for his buddies.


Houston Astros in stained glass

July 21, 2013