The letter from Ken Weiss, IBM vice president for the data center project, was a response to a Nov. 4 official notification that the company had breached its contract with the state and gave 30 days to fix the problems with backing up the data on the agencies’ servers.

That notification was the first step required to terminate the contract, if the state chose to pursue that option.

Weiss wrote that the IBM disagrees with the state’s characterization of the company’s responsibility under the contract.

His funeral service is set for 11 a.m. Tuesday at First Baptist Church at 901 Trinity St. in Austin, to be followed by his burial at the Texas State Cemetery.

Not yet scheduled, but possible: A gathering of Mattox friends at Scholz Garten, also on Tuesday. “It’s going to happen spontaneously, if not formally,” Fero said.

Michelle Lyons, spokeswoman for the Texas Department of Criminal Justice in Huntsville, said the contraband was found in the cell of Marlin Enos Nelson, who is facing execution for the August 1987 slaying of James Randle Howard in the Montrose area of Houston.

Investigators said searchers had seized a smuggled cell phone from Nelson’s cell on Oct. 24.

So far, since a lockdown and contraband search of Texas’ 112 prisons ended eight days ago, amid assurances that most contraband had been confiscated, five smuggled cellphones or components have been found on death row, supposedly the most secure part of the prison system.

During the lockdown, investigators found 16 cellphones, chargers and SIM cards on death row —among 143 smuggled phones found altogether in Texas prisons.

Authorities are investigating how so many phones got into Texas prisons, especially onto death row.

In a letter, Turner asked that contributions be made in the next two weeks because the speaker’s race is a “time-sensitive matter.” After the speaker’s election is over, Turner said he would refund the balance if he loses.

Typically, speaker candidates use the money to travel to members’ districts to court support from their colleagues.

Nine candidates are challenging Speaker Tom Craddick’s re-election.

Mattox, who lived in Dripping Springs west of Austin, was born in Dallas on Aug. 29, 1943, the first of three children of Norman and Mary Katheryn Harrison. His father was a union sheetmetal worker, and his mother was a waitress.

After attending Woodrow Wilson High School in Dallas, he worked his way through the Baylor School of Business (where he graduated magna cum laude in 1965 and won the Wall Street Journal Award for academic excellence). He earned his law degree from Southern Methodist University and received the third-highest grade in the state on his bar exam in 1968.

Fero said Mattox served as an assistant DA under the legendary Dallas County District Attorney Henry Wade and began his political career in 1973 when he took office (for two terms) as a state representative from East Dallas. He gained a reputation for ethics reforms, including the “Big Five” package of open government legislation — open meetings, open records, full financial disclosure, campaign finance reform, and lobby registration.

Mattox was elected to Congress in the 5th Congressional District in 1976, 10 years after serving as an intern in the office of then-Congressman Earle Cabell. He was the only freshman elected to the powerful House Budget Committee that term and later chaired that committee’s task force on National Security and Veterans Affairs, as well as the Banking Committee.

He was elected Texas attorney general in 1982 and re-elected in 1986. He ran unsuccessfully for governor in what was the the fiercest Democratic primary in memory in 1990; Mattox lost a runoff to Ann Richards of Austin, who went on to win the governorship in November. He made two more runs for statewide office—in 1994 for the U.S. Senate and in 1998 for his previous job of attorney general.

He died in his sleep, a former spokesman, Kelly Fero, said today.

Heiligenstein, now deputy executive commissioner for social services at the Health and Human Services Commission, succeeds Carey Cockerell, who retired Aug. 31.

She inherits a department that was in the spotlight earlier this year for the controversial removal of more than 400 children from an Eldorado ranch owned by a polygamous sect. The children were returned after the Texas Supreme Court said the state overreached.

Heiligenstein’s appointment, which is effective Dec. 1, was approved by Gov. Rick Perry, the commission said. She takes over a department that runs child and adult protective services, licenses child-care facilities and works to prevent abuse and neglect of elderly and disabled Texans.

“Anne knows these programs inside and out,” Hawkins said. “She brings experience, commitment and passion to the job, and I am confident Anne will continue the improvements we’ve seen at DFPS.”

Her three decades of human services experience includes working as director of policy and projects for First Lady Laura Bush and director of health and human services policy for former Gov. George W. Bush.

“This is my passion,” Heiligenstein said in a statement. “I look forward to working with state and community leaders and our dedicated DFPS staff to protect our state’s children, our seniors and those with disabilities. I can’t imagine a greater or more humbling opportunity than to help provide a voice to those who often can’t articulate their own hopes or fears.”

She has a bachelor’s degree from the University of Texas at Austin and a master’s degree from Trinity University.

Williams ranks, of course, among many possible successors to Sen. Kay Bailey Hutchison, R-Texas, who could resign her seat to gear up for a 2010 run for governor.

And he won’t necessarily have support from all quarters.

Land Commissioner Jerry Patterson, a fellow Republican, rates Williams’ endorsement of former New York Mayor Rudy Giuliani for president as a weak point.

Calling Williams a “great guy and a tremendous asset to our party,” Patterson said his endorsement of Giuliani, a “pro-choice and rabidly anti-Second Amendment candidate for president, will pose a problem for him in a primary or special election. One can’t help but wonder if Michael’s endorsement was because Rudy was thought at that time to be the inevitable nominee, and being with the winner became more important than principle.”

GOP Gov. Rick Perry would likely appoint an interim senator after Hutchison’s early resignation. And it seems unlikely he’d hold a Giuliani endorsement against anyone. Perry, like Williams and State Comptroller Susan Combs, initially endorsed Giuliani for president.

Generally, speculation has centered on Hutchison resigning as soon as June. But I heard a different scenario from a Republican operative that bears chewing over.

It could be that Hutchison stirs the waters by forming an exploratory committee in December or so to look into running for governor. She then hints or says that she won’t resign until late 2009 at the earliest.

Such timing would still allow her to focus on the 2010 campaign year while also preventing any foe from both running in the special election to succeed her in the Senate and then (after a loss) turning around to run for governor in the same field she hopes to lead. Depending on the timing of her resignation, it if happens, party candidate filing deadlines would prevent someone from doubling up, so to speak.

Emanuelson, by the way, said he’s never voted for Perry. Speaking for himself and not for the effort to draft Williams as a senator, Emanuelson said he lately has misgiving about Perry’s vision of toll roads criss-crossing Texas with the state acquiring farm and ranch properties to put together each route.

Emanuelson said that if Hutchison goes for governor, “she’s probably got it. It’s really difficult to think of somebody really challenging her for it.”

“He’s going to make a decision in the near future,” said Michael Moore, White’s chief of staff. “It will be based on where he could do the most for Texas with his experience and abilities.”

I touched bases with Moore while preparing a column running in Thursday’s newspaper on jockeying among Texans who might want to succeed U.S. Sen. Kay Bailey Hutchison, R-Texas, if she resigns in advance of running for governor in 2010.

Moore said White, who wasn’t immediately available, is talking to people around Texas by telephone, sounding out his prospects. Most observers expect White to make a try for the Senate or for governor.

White’s goal is to settle his plans well before the end of this year, Moore said. “Days,” Moore said, “not weeks.”

White, a Democrat, will be taking a calculated risk if he airs his plans before the new year.

An outright declaration for governor, say, would put GOP Gov. Rick Perry and Hutchison on early notice of his seriousness—likewise giving White ample time to plan his run. But he’d also be putting anything he does as mayor in his last year in office in an especially political light, including anything the city seeks from the 2009 Legislature.

Then again, White’s pending decision could be less dramatic.

He might simply say he’s ruling out a position in President Obama’s cabinet and/or a bid for the Senate. Such a move would leave him plenty of time to mull a 2010 run for governor without jeopardizing his actions as mayor through 2009.

“They’re conducting surprise searches — top to bottom — looking for any contraband, including phones,” said Michelle Lyons, spokeswoman for the Texas Department of Criminal Justice.

“Every time we find a phone, we learn another hiding place … So far today, they’ve just found a shank fashioned from a typewriter part.”

The practical effect of the smaller distribution is relatively small. But the symbolic effect is huge.

The fund has dropped from $26.5 billion last October to $17.5 billion today, erasing many of the returns of the past 10 years.

The State Board of Education on Wednesday was in the untenable position of protecting the fund for the state’s future students and providing something for today’s students.

Those two guiding principles of managing the fund are “at war with each other,” said James Voytko, president and chief operating officer of RV Kuhns & Associates Inc., the financial consultant for the fund.

Board Chairman Don McLeroy said the compromise of sending a little something — 2.5 percent of the average market value over the past four years — is the right thing to do.

“We have to pay something. It’s not fair to the current students,” McLeroy said.

He’ll lead the national effort to recruit candidates and raise money so Republicans can defend their Senate seats and pick up some new ones in 2010. As a result, Cornyn will spend a significant amount of time traveling the country to raise money for his party.

“There is simply no time to waste, and I will work as hard as possible in my capacity as NRSC chair to help move our party forward,” Cornyn said.

Cornyn also announced that Rob Jesmer, who managed his re-election victory this year over Democrat Rick Noriega, will be the NRSC’s executive director.

The automated steel posts rise and lower out of the ground. They damaged the front end of the Lubbock lawmaker’s car.

Jones, 84, thought DPS officers had waved him through the Congress Avenue exit, his staff said.

The bollards were added this month to beef up Capitol security.

Stressing a more inclusive management style, Solomons said, “The House needs to be looked at as an entire body and not just for a few.”

Solomons, R-Carrollton, said the narrow 76-74 partisan split makes a change at the top more necessary.

“I seriously doubt, if the Republicans had 85 votes, we’d be having this conversation,” Solomons said. “We might still be complaining” about Craddick’s management style.

Craddick has been accused of being iron-fisted in his style, forcing members to vote against their districts and letting a handful of lobbyists have too much say. Craddick has denied those accusations.

Solomons, chairman of the Business and Industry Committee, becomes the ninth candidate opposing Craddick. Solomons, who has been a House member since 1995, said he hopes to put together a majority before the Jan. 13 legislative opening.

“I don’t think anyone wants to go into the session like we did last year,” he said.

Twice last year Craddick fought off challenges to his leadership, first in a rare showdown on the first day of the session, then five months later in attempts by Republicans and Democrats to have him removed in the session’s waning days.

He refused to recognize any motion to remove him.

“I believe I can make the most difference for veterans, our district and country by continuing to serve in Congress,” Edwards said.

Edwards heads the House subcommittee that doles out money for veterans’ programs and military construction. Obama’s team also considered him for vice president.