Sen. Shapiro:  What page?

Thomas Ratliff:  Page two, section
7.102(c)(23).

Sen. Shapiro:  Line?

Thomas Ratliff:  Uh, it's, ah, excuse me, it's
section four of the bill, I'm sorry.  Line 13.  
And I understand the concern is you don't
want to have back-door deals for textbooks.  
With the Ethics Commission, and the bribery
statutes and abuse of public office statutes,
we have a litany of laws that cover taking
contributions or how we conduct ourselves as
elected officials, just as you do when you take
campaign contributions.

Sen. Shapiro:  It's already in the law.

Thomas Ratliff:  It is.  But currently it only
applies to textbook publishers.  But if we
redefine instructional materials it could
potentially include somebody who sells copy
paper, or, I mean, anything that's now
instructional material.  Again, I do not have a
solution, I'm just suggesting that it may get
unwieldy for future candidates for the State
Board.  

Sen Shapiro.  Okay.  

Thomas Ratliff:  Ah, section 26 of the bill,
which is actually section 31.023 -- it's on
page 21 of the bill.  This deals with
conforming and non-conforming lists.  And as
we transition to an allotment per child for
instructional materials, I would like to see you
consider getting away from the adjectives
"conforming" and "non-conforming" and
simply have the State Board publish a list of all
materials reviewed and the percentage of
TEKS covered.  And, when, where deficient,
have the specific TEKS where its deficient
mentioned.  That way, a school board can
say, "We're going to spend x percentage of
our allotment on this material that covers x
percent of the content."  We've heard
anecdotal stories in the past about board
members
[bell 1:31:12] doing things to get
publishers to change things to get that coveted
conforming label on their bill, on their book.  I
think with this migration to an allotment we
can move away from the two lists.  Still have
"rejected for factual errors," of course.
(continued next column)
BILL GATES'
HIGHEST PAID
MAN IN TEXAS:
THOMAS
RATLIFF
Q:  Is Microsoft
Thomas Ratliff's
only client in
Texas?  
A:  According to  
the Texas Ethics
Commission,
Thomas Ratliff has
at least 20 Texas
lobbying clients.
P E Y T O N   W O L C O T T

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Copyright 1999-2011 Peyton Wolcott

"Walk softly
and carry a big stick."
-- Teddy Roosevelt

"Trust but verify."
-- Ronald Reagan
Just because you can
doesn't mean you should.
H o w   w e   t a k e   b a c k   o u r   c h i l d r e n ' s    e d u c a t i o n :    o n e   p e r s o n ,  o n e   q u e s t i o n ,   o n e   s c h o o l   a t   a   t i m e  .     F o l l o w   t h e   m o n e y  ,  h o n e y !
Commentary - Microsoft's man in Texas, Thomas Ratliff Testifies before Texas Senate Education Committee
on March 29, 2011 as "a member of the State Board of Education"  (Bill:  SB 6)
Bringing you the information and tools you need in order to improve public education and reduce taxes and spending; during the past two decades of the voucher debate an entire generation has grown up in the public school system.  
If you don't think this is important look at the Nov. 2008 election where folks voted based on emotions and hope rather than facts.  Let's put a stop to the school-to-prison pipeline -- and keep our public schools locally run, strong and free..
H o w   w e   t a k e   b a c k   o u r   c h i l d r e n ' s    e d u c a t i o n :    o n e   p e r s o n ,  o n e   q u e s t i o n ,   o n e   s c h o o l   a t   a   t i m e  .     F o l l o w   t h e   m o n e y  ,  h o n e y !
(last updated April 13, 2011)
Ratliff, Robert Thomas  (00031723)
(512) 494-9180
500 West 13th Street  Austin, TX 78701

American Insurance Association
P.O. Box 12963  Austin, TX 78711
Type of Compensation: Prospective
$25,000 - $49,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

American International Group
2929 Allen Parkway Suite L4-02  Houston, TX 77019
Type of Compensation: Prospective
$10,000 - $24,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Archangel Capital Partners LLC
P.O. Box 600323  Dallas, TX 75360-0323
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Choctaw Nation of Oklahoma
P.O. Drawer 1210  Durant, OK 74702-6170
Type of Compensation: Prospective
$25,000 - $49,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

El Paso Electric Company
P.O. Box 982  El Paso, TX 79960
Type of Compensation: Prospective
$50,000 - $99,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

EmCare
1717 Main Street Suite 5200  Dallas, TX 75201
Type of Compensation: Prospective
$10,000 - $24,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Emergency Medicine Consultants
6451 Brentwood Stair Suite 200  Fort Worth, TX 76112
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Emergency Physicians Affiiliates
16414 San Pedro Ave. # 710  San Antonio, TX 78232
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Emergency Service Partners
6300 La Calma Drive Suite 200  Austin, TX 78752
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Greater Houston Emergency Physicians PLLC
211 Highland Cross Suite 275  Houston, TX 77073
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

HEB Emergicare PA
1600 Hospital Pkwy  Bedford, TX 76022
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Microsoft Corporation
One Microsoft Way  Redmond, WA 98052
Type of Compensation: Prospective
$50,000 - $99,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Orchid Cellmark
4390 U.S. Route One  Princeton, NJ 08540
Type of Compensation: Prospective
$25,000 - $49,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Questcare Medical Services
12221 Merit Drive Suite 1610  Dallas, TX 75251
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Reed Elsevier (Lexis-Nexis)
1150 18th Street NW # 600  Washington, DC 20036
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Schumacher Group
200 Corporate Blvd Suite 201  Lafayette, LA 70508
Type of Compensation: Prospective
$10,000 - $24,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

T-Mobile USA
12920 SE 38th Street  Bellevue, WA 98006
Type of Compensation: Prospective
$25,000 - $49,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

TeamHealth
1900 Winston Road Suite 300  Knoxville, TN 37919
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011

Texas Association Against Sexual Assault
6200 La Calma Drive Suite 110  Austin, TX 78752
Type of Compensation: Prospective
Less Than $10,000.00
Client Start Date: 03/07/2011
Client Term Date: 12/31/2011

Texas Nurse Practitioners Association
4425 S. MoPac Bldg III Suite# 405  Austin, TX 78735
Type of Compensation: Prospective
$25,000 - $49,999.99
Client Start Date: 01/11/2011
Client Term Date: 12/31/2011
TEXAS ETHICS
COMMISSION
2011 Lobby List with
Concerns
(Employers and Clients)
Sorted By Lobbyist Name
[ as of April 4, 2011 ]
1
2
4
3
7
14
5
6
12
11
10
9
8
19
18
15
20
13
17
16
An imaginary conversation:  Thomas Ratliff & Bill Gates
March 29, 2011, Texas Senate Education Committee hearing for Senate Bill 6; Senator Kel Seliger,
hometown Amarillo, calls next panel   
[1:24 on 2nd session tape]

Sen. Seliger:  We'll call the next panel:  Neal Frye, Thomas Ratliff, Sandra West Moody and Frances MacArthur.  [Panel is seated; Thomas
Ratliff assumes first seat rather than second.]  
 We'll go in the order I have these cards.  Mr. Frye.  [Neal Frey's testimony, 3 minutes.]
[1:28:19]  
TRANSCRIPT:
My name is
Thomas Ratliff
and I'm a member
of the State Board
of Education.
"
The panel is seated at the March 29,
2011 Senate Education Committee
hearing:
Thomas Ratliff:  Absolutely.  Shameless
sucking up.
 [Laughter from room]  I do have
a couple of comments about the bill, section
three, dealing with the contribution ban which
used to be just on textbook publishers.  
Because we're now defining the instructional
materials so broadly, somebody could
inadvertently violate the law without having
any idea.  Because the definition is so broad, it
may eventually run into First Amendment
issues.  I don't have a solution for it.  I'm just
expressing a concern because the definition
gets so broad that who knows where it could
lead.
Senate Bill 6:
Relating to the
foundation curriculum,
the establishment of
the instructional
materials allotment,
and the adoption,
review, and
purchase
of instructional
materials
[including
online materials]
and
technological
equipment
for public schools.
The name of Thomas
Ratliff's paid lobbying
client potentially directly
affected by SB 6:
Microsoft Corporation
Microsoft's highest paid lobbyist
in Texas, Thomas Ratliff,
testifying before Senate
Education Committee on March
29, 2011 regarding SB 6, a bill
that will directly impact the
fortunes of the Microsoft
Corporation.  Mr. Ratliff only
identified himself to the Senate
committee as a member of the
State Board of Education.
is one of the ones I've heard a lot about,
they have warehouses full of books that
they can't do anything with.  We've got to
allow them the ability to get rid of that
stuff.  
They're --

Sen. Shapiro:  That's what this does?  

Thomas Ratliff:  Absolutely.  And I don't
know if you could look back and say,
"Anything purchased prior to a certain date
you can just dispose of."  The concern in the
past is you're getting state books and turn
around and sell it and keep the money.  But
we've got school districts -- and I'm sure
there are charter schools or home schools or
other states -- that would love these materials,
if we could let the school districts sell 'em and
get rid of these warehouses.   [Question:  Our
Texas schoolchildren's money?  Books being
sold by Texas ISDs to other states?  Who gets
to pocket the purchase price?   Why not
return the money to the PSF, where it came
from?]
         Um, lastly, [1:32:11 bell]  I do have a
concern.
 [Inaudible comments by senator(s)]
Madame chairman, when you laid out the bill,
you mentioned postponing the implementation
of the bill for another year.  In light of the
testimony we've heard, and in light of
everybody's support of migrating to the digital
content, I would sure like to see this thing go
into effect as soon as possible, rather than
postponing.  And those districts that need the
Proclamation 2011, they can use the money
for it.  I'm hearing from districts in my --
school districts in my district -- that don't
need new books under 2011, because
depending on the vendor they bought from in
2010, it already covered the new TEKS.  So
there are school districts that don't need new
books to cover the 2011 Proclamation --

Sen. Shapiro:  I've never heard that from
anybody --
Sen. Florence Shapiro, chair of Senate
Education Committee and author of SB 6;
hometown: Plano:   I'm  
[inaudible, talking
over TR]
... why we even carried that over.  
What's the point of that?  If somebody comes
into a school district they can't take someone
out for lunch?  

Thomas Ratliff:  It's for SBOE members.
 
[Talking over SS]
 We can't take campaign
contributions from textbook publishers.

Sen. Shapiro:  No, the piece I'm talking about
is where it says $50.00.

Thomas Ratliff:  Oh --

Sen. Shapiro:  What section are you at?  

Thomas Ratliff:  I'm on section three.  Uh --
Sen. Selinger:  Mr. Ratliff, please give your
name and who you represent.

Thomas Ratliff:  Good afternoon, madame
chairman, members.  
My name is Thomas
Ratliff and I'm a member of the State
Board of Education.
 I looove Senate Bill 6.  
I think it is without a doubt my favorite bill of
the session not including House Bill 6.

Sen. Selinger:  You aren't sucking up, are you?
April 13, 2011:  
Plano ISD
superintendent
Doug Otto
responds to
Thomas Ratliff's
statement to the
Senate committe:
Doug Otto
Peyton,

I'm not aware of the sentiment
expressed by a state official.

Plano ISD serves as a book
repository for several school
districts.  

Currently we have approx.
112,000 textbooks in the
distribution center.  This is derived
from our having  the 20%
"overage" above the 525,000
standard allotment based on
enrollment.  This  amounts to
100,000 books and is used for
replacement of lost and/or
damaged text books  and student
growth over the life of the
textbook adoption.

Similarly, we have 12,000 text-
books for other districts' needs.
My April 12, 2011 email to Doug
Otto:
Doug, this morning while transcribing testimony given during a Texas senate committee
hearing I heard a state official refer to Plano ISD as having "warehouses" full of [text]books
you can't do anything with.

Could you please send me the names and locations for these warehouses at your
earliest convenience?  It would be helpful to know how long they've been in use along with
the charges for each unless of course that information is already on your online check
register.

Although I could file a FOIA/Texas Public Information Act request for this information, my
superintendent friends tell me they prefer to be asked politely and in a friendly direct way,
so I am.  If you would prefer that I file a formal public records request nevertheless, please
let me know.

Thank you for your anticipated help on this simple request.  I'm expecting it will be a short
list and something readily available in your bookkeeping/financial department that will
require little or no time to look up.  If it would be helpful for you to know the name of the
person and the committee and the date, please let me know and I will send that you by
return email.

Best --  Peyton Wolcott
Thomas
Ratliff tells
Senate
Education
Committee
that Plano
ISD has
"warehouses
full of books
that they
can't do
anything
with."
Thomas Ratliff (continued):   We've heard
anecdotal stories in the past about board
members
[bell 1:31:12] doing things to get
publishers to change things to
get that coveted conforming
label on their bill, on their
book.  I think with this
migration to an allotment we
can move away from the two
lists.  Still have "rejected for
factual errors," of course.  
Lastly, on page 45, which is
section 55 of the bill, which is
section 31.105, we've heard
stories -- Senator, Plano ISD
Thomas Ratliff:  And, so, I'll get you a couple of the school districts who
have told me that --

Sen. Shapiro:  Wow --

Thomas Ratliff:  So, if we can give them the flexibility now, if districts want
to by [buy?] 2011, they can; if not, they can go ahead and start down the
road of this new world.  

Sen. Shapiro:  The problem I have with that is unfortunately we have been
pushing and pushing and pushing for Proclamation 2011.  We have said, I
have said a hundred times if not a thousand times, that that  is absolutely
essential for us to move forward with our STAR program and our end of
course exams.  And so now to give flexibility and say "you may" rather than
"you shall" is a real problem for me.

Thomas Ratliff:  I think so long as a school district certifies to the
Commissioner [talks over Shapiro] for the new TEKS  --

Sen. Shapiro:  -- I'd like to see who those school districts are because I
haven't heard that from anybody, Thomas --

Thomas Ratliff:  I heard it in my hometown so I'll be happy to have them call
--

Sen. Shapiro:  Have somebody send me some information on that.

Thomas Ratliff:  Okay.  I'd be happy to answer any questions.  
[1:33:41]

Sen. Selinger:  Any questions for the witness from the committee?  Thank
you, Mr. Ratliff.

Sen. Shapiro:  I just want to make sure what you said about the disposal of
the books and the -- that's why that section is in here.  

Thomas Ratliff:  Right.

Sen. Shapiro:  And you're saying, thinking it's a good thing.

Thomas Ratliff:  Right, I think that's absolutely a good thing.  I might even
propose that we broaden it or allow books purchased before two or three
years ago --
[over Sen. Shapiro] give the whole bill --

Sen. Shapiro:  I'm  assuming that as long as they are out of date they  -- this
will cover it.

Thomas Ratliff:  Well, the only other concern is if you're in a school district
with declining enrollment, the school -- the books may not be out of date but
they're sittin' there doin' nothin.'

Sen. Shapiro:  The problem with that is, declining enrollment this year but it
could be increased enrollment next year.  

Thomas Ratliff:  Right.

Sen. Shapiro:  So, I would suggest we just leave it the way it is.  

Thomas Ratliff:  Sure

SEN.:  Thank you, Mr. Ratliff.
According to information
posted by Sen. Shapiro
on her Senate website,
100% of Plano ISD is in
her senate district.
Sen. Florence Shapiro
Thomas Ratliff (R) testifying
before Senate Education
Committee on March 29, 2011