Barry T. Smitherman

{{short description|American lawyer}} {{Infobox officeholder | name = Barry T. Smitherman | image = File:Barry Smitherman.jpg | birth_name = Barry Thomas Smitherman | birth_date = {{birth date and age|1957|9|13}} | birth_place = Highlands, Texas, U.S. | party = Republican | office = Railroad Commissioner of Texas | governor = Rick Perry | term_start = July 8, 2011 | term_end = January 2, 2015 | predecessor = Michael L. Williams | successor = Ryan Sitton | office1 = Chairman of the Public Utility Commission of Texas | term_start1 = November 14, 2007 | term_end1 = July 8, 2011 | predecessor1 = Paul Hudson | successor1 = Donna L. Nelson | office2 = Commissioner of the Public Utility Commission of Texas | governor2 = Rick Perry | term_start2 = April 21, 2004 | term_end2 = July 8, 2011 | predecessor2 = Rebecca Klein | successor2 = Rolando Pablos | education = Ross S. Sterling High School | alma_mater = Texas A&M University (BBA)<br />University of Texas at Austin (JD)<br />Harvard University (MPA) | spouse = {{marriage|Marijane Frede Smitherman|1987}} | children = 4 | occupation = Lawyer | footnotes = }}

'''Barry Thomas Smitherman''' (born September 13, 1957) is an American lawyer who served as a member and chairman of the Texas Railroad Commission from 2011 to 2015. A Republican, he was appointed to the commission on July 8, 2011 by then Governor Rick Perry to fill a vacant post; on February 28, 2012 he was elected chairman of the commission, which regulates not railroads but the Texas oil and gas industry.<ref>[http://www.chron.com/news/article/Houston-native-takes-over-Railroad-Commission-3367396.php "Houston native takes over Railroad Commission"], Associated Press in ''Houston Chronicle'', February 28, 2012.</ref>

In 2013, Smitherman announced his candidacy to succeed Greg Abbott as state attorney general in the Republican primary election held on March 4, 2014, when Abbott polled 91.5 percent of the ballots cast to win the party's nomination for governor to succeed the retiring Rick Perry, who declined to seek a fourth full term.<ref>{{cite web |url=https://barryfortexas.com/about-barry/ |title=Barry Smitherman |publisher=barryfortexas.com |accessdate=July 19, 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20130602013300/http://barryfortexas.com/about-barry/ |archivedate=June 2, 2013 }}</ref> Smitherman's opponents were State Senator Ken Paxton of McKinney in Collin County and State Representative Dan Branch of Dallas County.

Smitherman finished in third place with 281,064 votes (22.1 percent) in the primary race for attorney general.<ref name=electionresults/>

==Background==

Smitherman was reared in Highlands in Harris County on the east side of Houston, Texas. He graduated from Ross S. Sterling High School in Baytown, Texas. He then received a Bachelor of Business Administration summa cum laude from Texas A&M University at College Station. Thereafter, he obtained his Juris Doctor from the University of Texas School of Law in Austin, while he worked at the state capitol for a state senator, Lindon Williams, a Democrat. Smitherman further received a Master of Public Administration degree from the John F. Kennedy School of Government at Harvard University. There he was awarded the first Joel Leff Fellowship in Political Economy.<ref> http://www.tamest.org/events/2011_energy_summit_bios.html{{dead link|date=October 2016 |bot=InternetArchiveBot |fix-attempted=yes }} </ref>

Smitherman began a career in banking, where he held leadership positions for First Boston, Lazard, and J.P. Morgan Securities, and eventually rose to become the head of Bank One's national municipal finance group<ref>Yvette Shields, "[https://web.archive.org/web/20141029165716/http://www.highbeam.com/doc/1G1-53992718.html Bank One Taps J.P. Morgan Vet As Muni Chief.]" ''The Bond Buyer'', March 2, 1999.</ref> before he was fired in April 2002. Bank One's stated reason for the termination was that Smitherman had failed to get company approval before he co-authored an opinion column in the ''Houston Chronicle'' with two conservative Houston city council members, in which the authors discussed how the city could improve its credit rating.<ref>Yvette Shields, " {{Cite web |url=http://www.highbeam.com/doc/1G1-84963794.html |title=Bank One Muni Head Dismissed: Smitherman Fired over Op-Ed Piece. - the Bond Buyer | HighBeam Research |access-date=2012-06-15 |archive-date=2014-09-28 |archive-url=https://web.archive.org/web/20140928063704/http://www.highbeam.com/doc/1G1-84963794.html |url-status=dead }} Bank One Muni Head Dismissed: Smitherman Fired Over Op-Ed Piece.]" ''The Bond Buyer'', April 22, 2002.</ref><ref>Tim Fleck, [http://www.houstonpress.com/2002-05-02/news/barry-barry-quite-contrary/ "Barry, Barry, Quite Contrary: A fired investment banker ignites a City Hall rumble"]. ''Houston Press'', May 2, 2002.</ref> In January 2003, Smitherman became a prosecutor in the Harris County District Attorney’s office,<ref name="Perry names">Elizabeth Albanese, "[https://web.archive.org/web/20141029164939/http://www.highbeam.com/doc/1G1-115837287.html Texas Gov. Perry Names Smitherman for PUC.]" ''The Bond Buyer'', April 26, 2004.</ref> and in May 2003 Perry named him to the board of the Texas Public Finance Authority.<ref>Elizabeth Albanese, "[https://web.archive.org/web/20141029164813/http://www.highbeam.com/doc/1G1-102091525.html Smitherman Named to Texas Public Finance Authority Board.]" ''The Bond Buyer'', May 21, 2003.</ref>

In April 2004, Governor Perry named Smitherman to the Texas Public Utility Commission (PUC).<ref name="Perry names"/> He became the chairman of that body in November 2007.<ref>Richard Williamson, "[https://web.archive.org/web/20160409075019/https://www.highbeam.com/doc/1G1-171803338.html Texas: Perry Does PUC Shuffle.]" ''The Bond Buyer'', November 27, 2007.</ref>

In 2004, Smitherman published the book ''If Jesus Were an Investment Banker (or Any Other Type of Modern Businessman): Leadership Principles from the Messiah and Personal Reflections of an Investment Banker Striving to Be a Christian''.<ref>{{cite book |last1=Smitherman |first1=Barry Thomas |title=If Jesus Were an Investment Banker (or Any Other Type of Modern Businessman): Leadership Principles from the Messiah and Personal Reflections of an Investment Banker Striving to Be a Christian |date=2004 |publisher=Xlibris |isbn=1413421164}}</ref>

==Railroad Commission==

After seven years at the PUC, where Smitherman was seen as an advocate of deregulation, he left in July 2011 when Perry appointed him to the Railroad Commission to fill the position vacated by Republican Michael L. Williams, an unsuccessful candidate in 2012 for the United States House of Representatives.<ref>Elizabeth Souder, [http://www.dallasnews.com/business/energy/20110708-perry-appoints-defender-of-free-markets-to-regulate-oil-and-gas-drilling.ece "Perry appoints defender of free markets to regulate oil and gas drilling"]. ''Dallas Morning News'', July 8, 2011.</ref><ref>Tom Fowler, [http://www.chron.com/business/article/PUC-vet-now-working-on-the-Railroad-Commission-2143627.php "PUC vet now working on the Railroad Commission"]. ''Houston Chronicle'', August 28, 2011.</ref> Smitherman was elected as chairman of the commission on February 28, 2012 after Elizabeth Ames Jones departed to run for the state senate.<ref>Sarah Drake, [http://www.bizjournals.com/austin/news/2012/02/28/smitherman-named-texas-railroad.html "Smitherman named Texas Railroad Commission chairman"], ''Austin Business Journal'', February 28, 2012.</ref>

In February 2013, Smitherman apologized for retweeting a list of 16 Republican US senators who voted to allow debate on gun control legislation accompanied by an image of a noose and the word "TREASON."<ref name="NooseTweet">{{cite web |last1=Galbraith |first1=Emily Ramshaw and Kate |title=Railroad Commission Chairman Apologizes for Retweeting Noose Image |url=https://www.texastribune.org/2013/04/11/texas-top-oil-and-gas-regulator-retweets-noose-ima/ |website=The Texas Tribune |access-date=21 February 2021 |language=en |date=11 April 2013}}</ref> Later that year, Smitherman complained to his daughter's school teacher for using curricular material provided by the Southern Poverty Law Center (SPLC) to study the novel ''To Kill a Mockingbird''.<ref name="Wilder">{{cite news |last1=Wilder |first1=Forrest |title=Barry Smitherman Objects to the Labeling of 'Hate Groups' |url=https://www.texasobserver.org/barry-smitherman-objects-labeling-hate-groups/ |access-date=21 February 2021 |work=The Texas Observer |date=30 September 2013}}</ref> Smitherman characterized what he felt to be the "radical view of racism, hate, and intolerance" held by the SLPC, and he defended a number of organizations such as the Jewish Defense League, the Border Guardians, and Crusaders for Yahweh.<ref name="Wilder" /> Smitherman noted, "Equally disturbing, the SPLC calls out groups like 'We the People', 'patriots', The 'Constitution Party,' and 'oath keepers' as groups which subscribe to unfounded conspiracy theories and are 'opposed to one world order'."<ref name="Wilder" />

Smitherman's term expired in January 2015. He was succeeded by Ryan Sitton of Friendswood, who serves with two other Republicans, David J. Porter of Lee County, who unseated former commissioner Victor G. Carrillo in the Republican primary in 2010 but is retiring effective January 2017, and Christi Craddick of Austin, who was elected in 2012 to fill the seat formerly held by Elizabeth Ames Jones but occupied in the preceding interim months by Buddy Garcia of Austin.

===2012 election=== In 2012, Smitherman was the Republican nominee for the two years remaining in Williams' unexpired term on the Railroad Commission.<ref>{{Cite web |url=http://smithermantx.com/about-barry-smitherman |title=About Barry Smitherman :: Barry Smitherman - Texas Railroad Commissioner |access-date=2012-04-24 |archive-url=https://web.archive.org/web/20120511055254/http://www.smithermantx.com/about-barry-smitherman |archive-date=2012-05-11 |url-status=dead }}</ref> In the July 31, 2012 runoff election, Smitherman defeated his fellow conservative Greg Parker, a county commissioner in Comal County.<ref>[http://www.victoriaadvocate.com/news/2012/jul/31/texas_rr_com_2_080112_183966/?news&local-news "Smitherman holds seat on Railroad commission"], Associated Press in ''Victoria Advocate'', July 31, 2012.</ref> Smitherman led with 583,022 votes (62.1 percent) to Parker's 355,245 (37.9 percent).<ref>[http://www.texastribune.org/election-2012/ "News App: The 2012 Election Brackets"], ''The Texas Tribune'' (accessed 2012-08-02).</ref> In the first primary, Smitherman had led Parker, 44 to 28 percent but failed to win the required outright majority for nomination.<ref>{{cite web|url=http://enr.sos.state.tx.us/enr/results/may29_160_state.htm|title=Republican primary election returns, May 29, 2012|publisher=enr.sos.state.tx.us|accessdate=May 30, 2012|url-status=dead|archiveurl=http://webarchive.loc.gov/all/20120610141810/http://enr.sos.state.tx.us/enr/results/may29_160_state.htm|archivedate=June 10, 2012}}</ref>

In the November 6 general election, Smitherman was elected with 4,537,625 votes (73.76%) to 1,127,074 votes (18.32%) for Libertarian Jaime Perez and 486,485 votes (7.90%) for Green Party candidate Josh Wendel; no Democrat ran for the post.<ref>[http://elections.sos.state.tx.us/elchist.exe Race Summary Report: 2012 General Election, 11/6/2012] {{webarchive |url=https://web.archive.org/web/20061108172637/http://elections.sos.state.tx.us/elchist.exe |date=November 8, 2006 }}, Secretary of State of Texas (accessed 2012-12-11).</ref> Shortly after his election, he stated his support for the Sunset Advisory Commission recommendation to rename the Railroad Commission to more accurately reflect its current functions.<ref>Elizabeth Trovall, [http://stateimpact.npr.org/texas/2012/11/26/your-guide-to-the-sunset-advisory-report-on-the-texas-railroad-commission/ "Your Guide to the Sunset Advisory Report on the Texas Railroad Commission"], StateImpact Texas/NPR, November 26, 2012.</ref>

In the May 27, 2014 runoff election, to choose a nominee to succeed Smitherman, Ryan Sitton defeated Wayne Christian, who had been the high votegetter in the primary but held his exact same percent in the runoff and therefore lost to Sitton, an oil and gas engineer from Friendswood.<ref name=electionresults>{{cite web|url=https://team1.sos.state.tx.us/enr/results/mar04_169_state.htm?x=0&y=3948&id=969|archive-url=https://web.archive.org/web/20140307051116/https://team1.sos.state.tx.us/enr/results/mar04_169_state.htm?x=0&y=3948&id=969|url-status=dead|archive-date=March 7, 2014|title=Republican primary election returns, March 4, 2014|publisher=team1.sos.state.tx.us|accessdate=March 6, 2014}}</ref> Sitton also lost the District 24 legislative primary in 2012 to fellow Republican Greg Bonnen of Galveston County.<ref name=repprimary2012results>{{cite web|url=http://www.texastribune.org/directory/districts/tx-house/24/|title=District 24 primary and election results, 2012|work=texastribune.org|accessdate=March 7, 2014}}</ref>

==Personal life==

Smitherman and his wife, the former Marijane Frede, reside in Austin. They have four children, two of whom graduated from Texas A&M, one of whom is at Southern Methodist University and one is at Princeton University. The Smithermans are active members of the non-denominational Austin Ridge Church in Austin.

==References== {{reflist|2}}

==External links== *[https://web.archive.org/web/20120627065926/http://www.rrc.state.tx.us/commissioners/smitherman/index.php About Chairman Smitherman] at Railroad Commission of Texas website

{{s-start}} {{s-gov}} {{s-bef|before=Rebecca Klein}} {{s-ttl|title=Commissioner of the Public Utility Commission of Texas|years=2004–2011}} {{s-aft|after=Rolando Pablos}} {{s-bef|before=Paul Hudson}} {{s-ttl|title=Chairman of the Public Utility Commission of Texas|years=2007–2011}} {{s-aft|after=Donna L. Nelson}} {{s-bef|before=Michael L. Williams}} {{s-ttl|title=Commissioner of the Railroad Commission of Texas|years=2011–2015}} {{s-aft|after=Ryan Sitton}} {{s-end}}

{{DEFAULTSORT:Smitherman, Barry T.}} Category:1957 births Category:Living people Category:Bankers from Texas Category:Members of the Railroad Commission of Texas Category:Texas Republicans Category:Texas A&M University alumni Category:University of Texas School of Law alumni Category:People from Baytown, Texas Category:Lawyers from Houston Category:Lawyers from Austin, Texas Category:Harvard Kennedy School alumni Category:Chairs of the Public Utility Commission of Texas