Randy Davis, Holly Coggins Hayes, Phillip Hayes, Cole Heffner, and Jay Misenheimer

1. House District 5 candidate Philip Hayes says he has two degrees, documents say otherwise
2. Tyler Paper retracts endorsement of House District 5 candidate Philip Hayes
3. Philip Hayes suspends campaign for House District 5, following report of fake degrees

Editor’s Note: This story was updated 2/16/2016 to include additional information about candidate Philip Hayes resulting from a more extensive background check.

Five candidates are running in the Republican Party primary to represent the interests of residents in portions of Smith County in the Texas House of Representatives.

Randy Davis, Holly Coggins Hayes, Philip Hayes, Cole Hefner and Jay Misenheimer are running for Texas House of Representatives District 5.

Rep. Bryan Hughes, R-Mineola, has served House District 5 since 2002 but chose to seek another office.

There are 150 members of the Texas House who represent different geographical areas of the state based on population. District lines are drawn every 10 years following the Census to adjust for population growth.

Each House member represents almost 170,000 Texans.

District 5 includes a large geographic area from Titus County to the northeast, including the cities of Talco and Mount Pleasant to Rains County to the northwest, including Lake Tawakoni and Emory, and Camp (Pittsburg), Morris (Naples and Daingerfield) and Wood (Quitman and Mineola) counties and a large portion of Smith County.

In Smith County, the district includes Hideaway and Lindale to the northeast and covers all of eastern portions of the county, including the cities of Arp and Troup.

By comparison, there are 24 House members that represent portions of Harris County (Houston). The concentration of legislators gives urban centers the advantage of numbers over rural areas.

House members and 31 Senate members meet every two years for Legislative Sessions to discuss state matters, such as state highways, public education and public safety, and create laws that govern industry and individuals.

The next Legislative session begins in January 2017, and the candidates can expect public education funding to be a hot topic. A federal judge has declared the state’s public education funding system, which relies predominantly on property taxes, to be unconstitutional. The state is appealing the ruling, but it’s likely legislators will have to craft a new funding method to fund Texas’ public school system.

Conservative groups also will make another push for school choice, where money effectively follows the student, whether they attend pubilc, private or home school. This time they have Lt. Gov. Dan Patrick on their side in that argument.

Transportation funding also will be a point of great discussion as legislators try to provide a long-term funding solution that will pay for the expansion and maintenance of the state highway system. In 2015, legislators took positive steps by passing a bill to dedicated a portion of motor vehicle sales taxes, around $2 billion annually. Voters approved Proposition 1 in November, which provided a $1.7 billion influx from the state’s Economic Stabilization Fund (Rainy Day fund).

But a Texas Department of Transportation 2014-2015 report estimated the state faces a $5 billion annual funding gap to keep up with booming population growth and the need for more road capacity. 

The rural versus urban battle for water is likely to continue as well. East Texas has the water, and the booming metropolitan areas along the Interstate 35 corridor want it.

Taxation, from how the state levies property taxes, to diversions of dedicated funding and the franchise/margins tax could be major points of discussion. Legislators made adjustments to the franchise/margins tax during the last session. The margins tax is a “privilege” tax levied on Texas businesses. It was enacted in 2006 to create around $3 billion annually for public education. The tax hits asset and inventory heavy businesses especially hard and has come under fire in recent sessions.

But where one tax is cut or diversion ended, funding has to be cut or diverted from other parts of the state budget. The session could be a pressure-packed 140-days as oil prices continue to linger around $30 a barrel, which will effect how much revenue is available to state agencies and programs.

In the most recent session in 2015, legislators approved a $211 billion budget.

If no candidate wins more than 50 percent of the vote on March 1, the top two vote-getters would face each other in a May 24 runoff. No Democrats have announced as candidates in District 5 so the winner of the Republican Primary would be sworn into office in January 2017.

Texas Representatives are elected to two-year terms and are not subject to term limits.

Representatives are paid $7,200 a year and a $190 a day per diem when the 140-day Legislature is in session every two years. Candidates must be at least 21 years old and had lived in the state for two years and the district in which they are running for one year.

 

ABOUT RANDY DAVIS

Randy Davis believes his life experience and common sense, objective approach to decision-making make him the best choice for Republican primary voters. 

Davis, 65, of Emory, is a retired U.S. Army sergeant and active Texas Guard captain.

He grew up in Oklahoma and traveled the world while serving in the military for 23 years. Davis served as a military police officer and made life and death decisions in Vietnam. He later taught scuba diving officers in the Texas State Guard.

He started a scuba instruction business in 1993.

Davis has not held elected office but serves on the Board of Directors for the South Rains Special Utilities District.  

He said his life experience and his ability to look objectively at policy and willingness to seek advice and tell people “no” in a diplomatic way distinguish him among the other candidates. 

He is running because he is frustrated with politicians who say one thing to get elected and don’t follow through on their words. He said state leaders should address horrendous levels of poverty in District 1 by giving companies a reason to invest in East Texas.

“Politicians don’t create jobs but they can provide an environment where businesses can succeed,” he said. “We need to be competitive, when it comes to attracting jobs.”

Davis said the recent $25,000 increase of the homestead exemption was a Band-Aid approach to providing property tax relief. He said the state increased the exemption and appraisal districts increased values, which nullified homeowner savings, he said.

He said the franchise margins tax should be repealed. 

Davis said he would make the best decision for the district and the state with regard to who he would support for House Speaker before the 2017 Session begins. He said he would not “go along to get along” but that he understands it’s not in the interest of the people he represents to fight an unnecessary and losing battle. 

He said his state guard unit has troops deployed along the Texas-Mexico border but that more resources are needed to secure it. He said legislators could reduce the number of illegal immigrants by addressing benefits. 

Davis said people here unlawfully should not receive in-state tuition or Medicaid or allowed in public schools. He said the state also should penalize employers who hire illegal workers. 

“It’s a crime for them to be here,” he said. “I don’t want to see money that should be spent on legal residents given to people who are breaking the law. The government is rewarding illegal activity.”

On transportation, Davis said the state should stop diverting state funding for other uses. He said he does not want to see new or increased taxes or fees unless they are consumption based. 

On education, Davis said he would surround himself with administrators, teachers and trustees to determine what is best for the state’s education needs. He called teacher pay “pitiful” and said Texas should invest in the best and brightest teachers to provide better opportunity for students to learn. He said decisions need to be made on the local level with an appropriate level of oversight by the state. Davis said parents should have a choice where they send their children to school but that vouchers could hurt some rural schools. 

“There are schools where the classroom environment is toxic,” he said. “There are gangs and underachieving, and parents need to have a choice to put their kids in a better situation that allows them to succeed.”

Davis said Texas legislators could do better for its residents and their future. He said he is not a politician and doesn’t have all the answers to the state’s current and future needs but that he is a principled man who is willing to stand up for what is in the best interest of East Texas and the state. 

“It’s a simple answer,” he said. “You have to do what’s right.”

 

ABOUT HOLLY COGGINS HAYES

Holly Coggins Hayes, a real-estate agent in Mineola, has not participated in various campaign events and did not return requests by phone to interview about her campaign or visit with the  Tyler Morning Telegraph Editorial Board.

Her campaign has shown little campaign activity as observed by the paper. She has not attended a handful of local candidate forums attended by House District 5 candidates. She has filed three campaign finance reports with the Texas Ethics Commission. 

Ms. Hayes reported $750 in expenses to the commission in her campaign finance forms showing contributions and expenditures between July and Dec. 31. The expenditure paid for her candidate filing fee with the Texas Republican Party. 

The report was due Jan. 15 and turned in Jan. 22. She turned in second report due Feb. 1 report on Feb. 5 and reported no contributions or expenditures. 

Ms. Hayes filed her Feb. 22 report early, on Feb. 8, but again showed no contributions or expenditures, according to the commission’s records. 

According to her LinkedIn page, she is a 2001 graduate from Alba-Golden Independent School District and that she attended Tyler Junior College and Midwestern State University.

 

ABOUT PHILLIP HAYES

Philip Hayes believes his youth, political experience and drive make him the best choice for Republican primary voters. 

Hayes, 25, is a former Hideaway alderman and campaign staffer for Gov. Greg Abbott and legislative aide to state Sen. Donna Campbell, R-New Braunfels.

Hayes said he has the life and legislative experience to be the statesman for the district.

Hayes was a high school debate champion and became an Eagle Scout. He won a debate scholarship to Southern Methodist University, where he earned Masters Degree in American History. His day job is as an executive for an industrial cleaning supplies company he and some friends started. 

At age, 18, Hayes was elected to his community’s city council. He said the experience made him very aware of what it meant to make decisions that affected people’s lives. 

He pushed for strategic planning and economic development in the community and nearby Lindale. 

Hayes has served as a delegate at Republican state and national conventions before working for Abbott and Sen. Campbell. 

The experience in the 2015 Legislative Session gave Hayes a look at the lawmaking process and the many ways a single legislator can shepherd or sink a bill. 

Hayes said East Texas needs a legislator equipped to hit the ground running for the 2017 Legislative Session. The 140-day sessions are no place for a statesman to learn how to be a strong, competent voice for the region and district’s interests. 

He said he also understands that most battles in Austin are not fought along partisan lines but rather geographical and population lines. 

The rural versus urban battle is for access to transportation and education funding and control of necessary resources like water, he said. Hayes said the recent East Texas delegation has shown a penchant for picking unnecessary fights that left individual legislators marginalized and unable to spearhead worthy causes for the district and region. 

“It’s important that East Texas have a seat at the table on water and infrastructure and education to make sure we get a return on our dollars and can defend regional resources,” he said. “There’s a numerical disadvantage we have to make up with quality legislators.”

Hayes said the representative for House District 5 can’t be an effective leader by just appealing to conservative primary voters. He said he’s pro-life, pro-Second Amendment, pro-business and for improving border security but that it takes more than sound bites to represent a district, region and state. 

He’d vote to eliminate the franchise margins tax, because he believes the added economic flexibility would allow entrepreneurs to flourish. He said the boon for employers would more than make up for the lost revenue stream. 

He wants to see more control of public education returned to local school boards, administrators and teachers. Hayes said the state must find a meaningful but equitable reform for how it funds schools. 

He wants to find additional revenue for funding Texas’ highways and infrastructure. 

He said he would not consider supporting additional taxes or fees until the state’s budget had been scrubbed of waste and abuse. He proposes zero-based budgeting for one-third of state agencies each biennium similar to the Sunset Commission, which assesses several state agencies during each session in a staggered rotation. 

Hayes didn’t rule out stepping up the political ladder if the right opportunity presents itself. But he said his long-term political ambition lies in being the best possible representative for District 5. 

“With my background, I believe I’m the most experienced, most passionate candidate in the race,” he said. “This is my home. I’m optimistic for the future of this district and the state.

A routine background check into Hayes conducted by the Tyler Morning Telegraph revealed a 2010 charge out of McLennan County for criminal trespass and a 2013 charge out of Dallas County for driving while intoxicated. 

Hayes said the criminal trespass charge resulted when he and two friends were in Crawford near President George W. Bush’s ranch and they hopped the barbed wire fence to see the ranch. The arrest report showed Hayes and his friends would have had to cross three fences on three separately owned properties to reach the point they were intercepted by Secret Service. Hayes pleaded guilty to the Class B misdemeanor, paid a $100 fine and received nine months deferred probation.

Hayes was 23 at the time of the DWI, a misdemeanor, and said the experience changed his life. He said with the help of his parents and pastor he got his life back in order. Online court records indicate he paid a $1,000 fine and received 18 months probation. 

“It was a wake up call,” Hayes said. “In that sense, I am glad it happened, because it stopped me from continuing down that path to a point that I might not have come back.”

 

ABOUT COLE HEFNER

Cole Hefner believes his experience as a county commissioner and conservative principles make him the best choice for Republican primary voters.

Hefner, 35, is an insurance businessman from Mount Pleasant and former Upshur County commissioner.

Hefner was raised in Pittsburg.

He grew up working on his grandfather’s peach orchard and farming then went to work for his father’s roofing and construction company. At 25, he started his own business, then took over his father’s construction company and is now in insurance.

Hefner was elected to the Upshur County commissioner court from 2011-2014.

He said he made difficult budget decisions as a commissioner. He said he disagreed with other elected officials but that they worked together for common goals and that Upshur County is better off today because of it.

Hefner said he is running, because he wants his children to have the American life, the freedoms and opportunities he had growing up. He said the federal government is moving in directions, such as redefining marriage and enacting regulations that impact people’s access to their land, that is inconsistent with the Constitution and that state leaders should use the Tenth Amendment to push back.

Most of Hefner’s statements had an anti-Washington D.C., anti-establishment tenor. He stuck to core conservative ideals but offered few details as to how he would represent District 5 on state-level matters, such as building roads, urban water demand, education performance and what a long-term funding solution for education might look like.

Legislators should act with the best interest of the district and state at heart, he said, adding that East Texans expect a principled representative even if the stance is against leadership.

Hefner said the House Speaker should allow the body to work and move legislation to the floor for discussion and votes if a majority of member support the bills.

“I’m not going to compromise my principles in the name of going along to get along,” he said. “I’ll look at each situation and try to be smart and work for the people, but I won’t compromise my principles.”

Hefner said state mandates are hurting local governments, school districts, businesses and individuals.

“We can’t sacrifice our long-term future in the name of getting things done,” he said. “Some things need to be undone.”

Hefner said the franchise/margins tax has been a problem for businesses since it was enacted. It should be done away with, he said. He said he would have to look at options to replace the lost revenue. A consumption tax sounded like a good option, he said.

On transportation, Hefner said the state should dedicate more money, and he suggested that money would come from cuts to eliminate waste and abuse, such as Medicaid fraud and corporate welfare.

On education, Hefner said he trusted local administrators and school boards to get it right. He said East Texas schools are performing well and that successful districts should have more local control.

He does not support vouchers.

Hefner said the state has made progress by providing more money and resources to secure the border. But he said he would consider securing the Texas-Mexico border by entering an interstate compact with other border states to do a job the federal government has ignored.

On water, Hefner said it’s important that property rights are the first consideration. He said the region should not build reservoirs for economic development and satisfying metropolitan areas’ thirst for water.

 

ABOUT JAY MISENHEIMER

Jay Misenheimer believes his business background, experience on a local school board and passion for community service make him the best choice for Republican primary voters.

Misenheimer, 52, is a businessman from Lindale and former Lindale ISD trustee.

Misenheimer has been a successful businessman in East Texas for decades. He spent six years on the Lindale Independent School Board and is the current president of the Smith County Children Advocacy Center’s board of trustees and has served in various leadership roles on other area nonprofit organization boards. 

Two decades later, Misenheimer and his business partners purchased dozens of Food Fast convenience stores, as the regional company teetered in bankruptcy. Misenheimer was tasked with turning the stores’ performance around. 

In a few years, Food Fast repaid debts and grew to 69 successful stores that employed around 550 employees in East Texas, he said. Misenheimer also helped raise $1 million for Food Fast Children’s Charities, a non-profit created to financially support local and regional charities that focus on helping children.

Misenheimer said he is especially proud of his volunteer work for non-profits, such as the advocacy center and the East Texas Food Bank. 

He said he became involved in the Child Advocacy Center at a time of financial uncertainty for the nonprofit that helps abused and neglected children. His executive experience improved the organization’s operations and fundraising ability. The organization’s 2013 budget was $540,000, which helped around 200 children. The 2016 budget is more than $1.2 million and will help 500 children. 

In 2011, Misenheimer sold the business and focused on philanthropic efforts and community service. He had already served for two years on the Lindale school board by that time. 

Misenheimer pointed out that Texas ranks 44th in the nation in funding per student (around $7,800 versus the national average $11,000 per year) but said money isn’t the reason districts are failing to educate students.

He said underperforming school districts should be targeted for more resources and staffed with administrators and faculty experienced that have proven ability to effectively lead and educate, respectively. 

“It’s about leadership in my opinion, sharing best practices, assisting faculty and school districts in any way we can to help them be successful, but if the failures continue, there needs to be an intervention,” he said. 

The funding formula needs to be completely overhauled to make the distribution of dollars fair, he said. He does not support vouchers. 

Finding an adequate funding solution would take serious discussions by the legislators willing to consider any option and idea, he said. 

But the end result should be fair and should reward successes, not failures. 

Misenheimer said another looming rural versus urban battle would be over water. East Texas has it, and Dallas and other booming metropolitan areas want it. 

He said there are concerns in the district about the use of eminent domain to take land for reservoir projects. He said it’s imperative that East Texas be at the table for those discussions.

“If we’re not at the table, they run us over,” he said. 

Border security, illegal immigration and sanctuary cities are important topics but have been hijacked by demagogues, Misenheimer said. 

He said the border should be secured to disrupt criminal activity and that almost $1 billion in new state spending for activity along the border, including rotations of East Texas’ Department of Public Safety troopers, is a good start. 

Misenheimer said law enforcement is too busy chasing criminal elements to round up illegal immigrants who want a better life for their families. He said the state must figure out a worker program so immigrants are in the system legally, paying taxes and paying their way like everyone else. 

Misenheimer said he understands the impact of government as a resident and businessman. He said the Affordable Care Act and the changes it would usher is one of the reasons he decided to sell his business. He said the franchise tax is a burdensome failure and should be abolished. 

His hope is to take his common sense, principled approach to business and community service to Austin. 

“We need someone with proven business experience, a record of success and who has the desire to go to Austin and make good, logical decisions for our state,” he said. “I understand there are Ds and Rs and that some disagreements aren’t going to change, but we have to reach across the isle to build coalitions and work together to create good legislation that helps Texans.”

A routine background check into Misenheimer by the Tyler Morning Telegraph revealed a 1983 charge for driving while intoxicated. Misenheimer was a 20-year-old college student at Stephen F. Austin University at the time. He attributed it to a “dumb college mistake” and said there have been no bumps in the road since.

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