(Already deep into a major rewrite)
FADE IN:
INT. CAPITOL ROTUNDA - NIGHT
Two young men -- NOAH and TOBY, both good-looking and close to the same age -- scramble up the stairs to the top level of the Texas State Capitol rotunda. Noah’s suit is rumpled and he’s been beaten; Toby's jeans and shirt are torn, and his back and one of his calves are covered in blood. He falls.
Noah stops and looks across the rotunda to a lower floor and sees several TEXAS RANGERS racing up the stairs.
NOAH
They’re coming.
TOBY
Other side. Stairs. Way out -- in rest-room.
Noah helps Toby to his feet and they hurry to the other side of the rotunda.
Almost there, Noah is tripped and crashes against a wall. A DARK FIGURE grabs Toby. They struggle and twist around and blood smears the floor. They slip on it and flip over the bannister and are about to fall all the way to the floor and
THE IMAGE FREEZES
TOBY (V.O.) (CONT’D)
Okay -- it’s almost seventy feet down to solid marble, which means major damage and maybe even death, so I better fill you in while I can. Don’t want my legacy to be nothing but illegal, so -- .
The ACTION GOES IN REVERSE
To where we get a clear shot of Toby in FREEZE-FRAME, again.
TOBY (V.O.) (CONT’D)
That’s me -- Toby, AKA James Tobin O’Brien. And I am not a crook. Well -- much of one. And what crookery I did was done for damn good reasons -- one of which is this guy -- .
The ACTION GOES IN REVERSE
To catch a good look at Noah in FREEZES FRAME.
TOBY (V.O.) (CONT’D)
-- Noah. There aren’t many people I’d paint the floors with blood for But he -- aw, wait a minute, wait a minute; I’m just confusing things. Let’s jump back a bit more.
EXT. SMALL TOWN HOME - DAY
A nice upper-middle-class place set on a spacious yard with a gravel drive and porch swing and screen door that blasts open as SIXTEEN YEAR-OLD TOBY is shoved outside by his FATHER.
FATHER
-- And stay gone. I ain’t havin’ your filth near my boys.
Dad FREEZES in the middle of a snarl.
TOBY (V.O.)
Okay -- maybe that’s too far back. But for clarity’s sake, that’s my dad and this is how he reacted after I told him I’m gay. He feared I’d infect my brothers with queerness.
Toby's MOTHER is seen standing inside, behind the screen door, holding two teenaged BOYS, a hateful expression on her face. The boys are shocked.
TOBY (V.O.) (CONT’D)
What’d somebody tell me once? A Texas Democrat is somebody else’s right-wing-nut.
Sixteen year-old Toby flips the older man off and storms down the road.
EXT. TEXAS STATE CAPITOL BUILDING - DAY
Gleaming pink granite under a bright morning sun. Toby carries a bag of fertilizer to newly planted rose bushes.
TOBY (V.O.)
Fortunately, I was already working in a nursery. Which translated into grounds-keeper in charge of shrubs and trees. Seems I got green fingers because -- .
He meets up with LUIS RAMIREZ, also in a green uniform but twice Toby's size, and flops the bag on the ground
LUIS
You really dig this shit.
Toby and Luis FREEZE.
TOBY (V.O.)
That’s Luis, my cohort in shrubs, and he’s trying to make a funny -- but then again, he’s always had this ability to mangle jokes and -- no, Toby, you’re drifting; get back to the story.
Toby and Luis MOVE NORMALLY and dig fertilizer from the bag to ladle onto the roses.
TOBY (V.O.) (CONT’D)
It’s just, it was getting this job that got me into the rotunda and made somebody want to kill me.
MARTINEZ (O.S.)
O’Brien!
Toby looks around and FREEZES.
TOBY (V.O.)
No -- let’s start on the day it really started.
INT. TOBY'S LOFT - DAY
Toby lies awake on his bed.
TOBY (V.O.)
Previous day -- early morning -- typical Monday after a typical weekend.
His loft is a huge open room that used to be an upstairs warehouse but now is a jumble of an artist’s studio, with a minimum of furniture and a beautiful Macaw named FANTôME perched on a stand, sleeping. Painted canvasses are stacked everywhere, some huge, most smaller. There’s your basic kitchenette jammed into one corner; jammed in another corner is Toby’s mess of a bed.
TOBY (V.O.) (CONT’D)
My grandfather owned the building and let me stay rent-free. But he died four months ago and my parents have ordered me out so they can sell it. At the moment, we’re going through the eviction process.
An easel holds a half-completed portrait of a very attractive man of thirty -- CARSON DEHL in a sharp suit.
TOBY (V.O.) (CONT’D)
This comes at the same time things exploded with my ex -- Carson.
INT. TOBY’S LOFT - NIGHT
Carson poses for the portrait in a glamor shot.
TOBY (V.O.)
He’s an aide to Senator Stevens -- State Senator, not the DC type -- and gossip was, he’s into boys.
Carson sends Toby an air kiss.
EXT. DRISKILL HOTEL - NIGHT
Set up for a black-tie gala, with lots of well-off WASPs gliding inside. Carson escorts a pretty GOPrincess -- ARIANA -- in, stopping for the requisite photographer’s shot.
TOBY (V.O.)
So now he’s marrying the senator’s daughter. How’d he put it? “You want a career in politics, you don’t want to be called the Texas Barney Frank.” Because as he damn well knew, the damn state would never vote for a damned fag, even if he is a Repugnican.
INT. TOBY'S LOFT - DAY
Toby still lies in the middle of the messy bed, his jeans half-undone, half-wrapped in a sheet as if he gave up on undressing. An empty bottle of Tequila is prominent.
TOBY (V.O.)
So now I drink too much and spend my nights gazing at his portrait. The son-of-a-bitch. Maybe that’s why I was so ready for -- .
A clock-radio flicks to 7:00 and MUSIC plays. Fantôme wakes with a shriek.
FANTôME
Leve-toi! Leve-toi. Il est matin et je suis faim. Leve-toi.
The Macaw FREEZES.
TOBY (V.O.)
Oh, that’s Fantôme. My grandfather brought him over when he moved here from Paris -- all very illegally. I got him because I was the only one besides Grand who spoke French.
Fantôme flies to the bed and climbs up Toby's leg, irritated.
FANTôME
Leve-toi. Il est sept heures. J’ai faim.
TOBY
-- Je m’en fou.
FANTôME
Arrete! Leve-toi! Leve-TOI!
Toby bolts up.
TOBY
ARRETE! MERDE!
Fantôme flies back to his perch.
Toby gets up and stumbles to the kitchenette. Its window overlooks a street one floor below and busy with morning traffic. He fills a bowl with cut fruit then notices --
A black 1966 Dodge Coronet convertible rumbling past -- and behind the wheel sits Noah, looking perfect in his stylin’ suit and Ray-Bans. He glides into ELEGANT SLOW MOTION.
TOBY (V.O.) (CONT’D)
Y’know -- seeing Noah drive by -- looking as cool as the leader of a wolf pack, I knew he’d be trouble. Because the worst way to start any relationship is as alpha dog to an alpha -- and he was as alpha as they come, oh baby.
Toby watches him pass, transfixed, as Fantôme flies over and begins to feed, breaking the spell.
FANTôME
Merci, pede.
TOBY
-- De rien, petant.
FANTôME
Idiot.
Toby glares at Carson’s portrait, goes to it and takes it from the easel to set its face against the wall.
TOBY
But you see, I didn’t think there was any chance of a relationship -- because I got no pings on my gay-dar from him. No, right then -- all I wanted to do was paint him. Catch his self-assurance. See if I could recharge my own. Which made me think I was finally getting over Carson and ready to begin, again.
Then he heads into the bathroom.
TOBY (V.O.) (CONT’D)
Jean-Pierre’s right, I am an idiot.
EXT. AUSTIN, TEXAS - DAY
Toby's loft is in an older two-story building west of Congress Avenue. A set of rickety stairs leads to its entrance. A metal awning is above the empty dusty windows. Toby exits and jaunts down the stairs with a sleek bike, pulls on his helmet and rides off.
TOBY (V.O.)
Doesn’t look like much, does it? But living there let me stay in Austin. I couldn’t live anywhere else in the state. Austin’s the only city with her eyes on the future instead of focused on the past, and where you can be whoever you want so long as you leave other people alone.
Toby rides up to Congress Avenue and turns to head for the massive pink granite capitol building. She stands like a queen surveying her domain, albeit a bit crowded in by the city’s towers of concrete and glass.
TOBY (V.O.) (CONT’D)
Too bad so damn many “good” people are trying to fuck that up.

EXT. TEXAS STATE CAPITOL BUILDING - DAY
People arrive for work and Texas Rangers stand wary guard. A group of GAY ACTIVISTS assemble by the main entrance, dressed in all sort of costumes ready for street theater. They unload signs and tables from a couple of cars as the Rangers and Capitol workers cast them disapproving glares.
TOBY (V.O.)
“Real Americans” who put that live and let live attitude in the cross-hairs of their need for conformity over humanity. But it’s fuckin’ Texas. What can you do?
Toby glides past and up the drive then down to a parking garage that holds the grounds-keeping office.
INT. GROUNDS-KEEPING OFFICE - DAY
Toby enters, chains his bike and goes to his locker.
TOBY (V.O.)
Simple, do like my grandfather said -- take the advice of Candide, tend to your own little garden and hope the barbarians will pass you by.
Luis is at his locker, as are several other GROUNDS-KEEPERS.
LUIS
You’re on time.
TOBY
And ready to play.
LUIS
Too bad you’re gettin’ thrown to the lions.
TOBY
-- What do you mean?
MARTINEZ (O.S.)
O’Brien!
They jump around to see MARTINEZ, an ex-Marine who’ll be an ex-Marine till he’s dead.
LUIS
Guess.
MARTINEZ
My office.
Luis gives a soft “roar.”
TOBY (V.O.)
Problem is, the barbarians never met a garden they didn’t want to trample.
INT. MARTINEZ’S OFFICE - DAY
Functional. Martinez leads Toby in.
MARTINEZ
You know who Mrs. Stevens is?
TOBY
-- Yes.
MARTINEZ
You’re hers, this week. She’s havin’ a book sale on the first an’ she had this “charmin’ idea that yellow roses, planted and in bloom, would be the most-most appropriate decoration for the occasion.”
TOBY
Mr. Martinez -- the first is this Sunday.
MARTINEZ
No fuckin’ shit!? Know what else? Them fuckin’ bushes are already here, delivered and billed to my fuckin’ department per the fuckin’ lady’s instructions -- with fuckin’ buds. She’ll meet you by the South Entrance to tell you where to put ‘em. You ideas on that will not be appreciated.
TOBY
But it -- it’s too early for roses. We haven’t had our last frost.
MARTINEZ
I don’t care! Do what you gotta do to keep the bitch happy. Special session’s over in two weeks; I’ll send Stevens the fuckin’ bill after that. Now grab a fuckin’ helper and get the fuck over there. She’s waitin’!
Toby goes.
TOBY (V.O.)
Perfect -- I get to deal with the wife of the biggest homophobe in the Texas Senate -- and that’s saying a lot. And to think I actually said to myself, “Just shoot me now.” Man -- talk about prophetic.
EXT. TEXAS STATE CAPITOL BUILDING - DAY
Luis drives a green pickup truck through the north entrance gate, Toby in the passenger seat. Stacks of rose bushes bounce in its tail.
LUIS
Thanks, vato. I had an easy week planned out.
TOBY
It will be.
LUIS
With that crazy bitch on our ass?
They pass the North Entrance of the building and Toby sees a pair of Texas Rangers -- FRANK, long lean and pleasant, on his walkie-talkie; and VERA, stocky and hard-eyed, her hair up under her hat -- standing on the shade.
Toby hops up to sit on the window of the truck and waves. Luis slows to a crawl.
TOBY
Bonjour, mes amis, comment va-t-il?
Frank and Vera look around -- and FREEZE.
TOBY (V.O.) (CONT’D)
That’s Frank and Vera. I’ve been pals with him since I started working here, and I think she’s the one who shot me -- but more on that later.
Frank waves, sees the rose bushes in the truck and heads over. Vera follows him.
FRANK
Hey, Tobe. Kinda early to start plantin’, ain’t it.
TOBY
I’m personal slave to the esteemed wife of Senator Stevens, this week.
FRANK
Oh, lord -- you poor kid. Drop by tonight; we’ll swap war stories.
TOBY
So you are still night shift?
FRANK
Yepper. Just stickin’ ‘round till Stevens gets in.
VERA
He thinks one o’ them faggots is gonna take a shot at him.
She motions to the demonstration. Toby glares at her.
FRANK
Now, Vera...
(to Toby)
Thing is there have been threats. I say they oughta look at the Lower Valley, for that.
VERA
Yeah, somethin’s always goin’ on down there.
Luis casts her a look. Her cell phone RINGS, she answers.
TOBY
Like what?
FRANK
Nobody knows.
VERA
Frank -- wheels down.
Frank glances at Toby, who nods.
FRANK
Should be here in fifteen minutes.
TOBY (V.O.)
You think I didn’t know who they were talking about?
EXT. BERGSTROM AIRPORT - DAY
A sleek business jet taxis up to a private terminal. Its door opens and first out is a jolly good-ol’-boy named STEVENS, followed by CHARLES DENBY, the epitome of a snake-like lobbyist. They FREEZE.
TOBY (V.O.)
The grand and glorious Senator Boswell Stevens -- who believes in God, mom and apple pie -- had just returned from another weekend jaunt via a private jet owned by Charles Denby, this rancher who owns half the Lower Rio Grande Valley and who’s the kind of guy who’d destroy a career just to prove a point. They made a happy little cabal, those two.
Finally comes Carson, looking sleeker than ever.
TOBY (V.O.) (CONT’D)
Carson joining them set us down the road to ruin. You see, there’s this bill the bastard authored -- .
INT. TOBY'S LOFT - NIGHT
Toby paces as Carson tries to calm him.
TOBY
It doesn’t just make gay adoption illegal, it’s meant to shove us back in the closet and -- !
CARSON
Tobin, you’re listening to gossip. Have you actually read the bill?
TOBY
Shit, Carson, you work in The Pink Palace, not the fucking CIA! Who hasn’t read it?! You, maybe?!
EXT. BERGSTROM AIRPORT - DAY
Stevens, Denby and Carson stride over to a limo. Adriana waits beside it, looking beautiful. Stevens kisses her cheek as he gets in, followed by Denby. Carson kisses her on the lips, deeply, lovingly and their IMAGE FREEZES.
TOBY (V.O.)
But he had. And since his wedding was timed to happen within a week of the bill passing both houses and being signed by our Governor Dick -- he was making damn sure he did not get caught up in it. The son-of-a-bitch.
They get in the limo and drive away. An airport employee takes out a cell phone and makes a call.
EXT. TEXAS STATE CAPITOL BUILDING NORTH ENTRANCE - DAY
Frank motions for Toby and Luis to leave.
FRANK
You boys’d best head on. Keep Mrs. Stevens happy.
Luis puts the truck in gear.
VERA
(with a smirk)
Just give her a wink an’ a smile, O’Brien. I hear she likes ‘em young and cute -- oh, I forget -- she ain’t your type.
TOBY
No, she’s yours.
Vera snarls and storms after them. Franks follows.
VERA
I ain’t no queer.
TOBY
Fine -- if that’s your story -- .
VERA
Now you watch your mouth, O’Brien! People hear that and they’ll think you know what you’re talkin’ about.
FRANK
C’mon, Vera -- .
TOBY
Je m’oubliai.
VERA
Talk English, ya little freak!
TOBY
Je m’excuse, saleau.
VERA
Y’know, when that bill passes, I hope you’re the first to go!
TOBY
Ecrase! Merde -- vous êtes un emmerdeur -- !
Vera freezes. Luis hits the brakes, nearly sending Toby to the pavement.
TOBY (CONT’D)
Hey!
LUIS
Toby.
He looks around to find MRS. STEVENS, an elegant middle-aged woman standing by the West Entrance, her ice-cold stare focused on him. With her is Noah, smokin’ hot and enjoying the spectacle.
Vera does a quick reverse back to the North Entrance. Toby jumps out of the truck.
TOBY
-- Mrs. Stevens.
MRS. STEVENS
What do you think you’re doing?
TOBY
Uh -- just chatting with a friend.
MRS. STEVENS
Well, stop it. You’re a state employee. Behave in a manner more appropriate and not as if you’re down on the farm!
TOBY
Yes, ma’am. Sorry.
MRS. STEVENS
You’re not the man Martinez sent?
TOBY
-- Yes, ma’am.
MRS. STEVENS
Really? Oh, this is too-too much.
TOBY
I know plants better than anyone else and -- .
MRS. STEVENS
We’ll see about that.
(to Noah)
One moment.
She spins and points Toby to the southwest grounds -- a relatively flat area dotted with trees and the occasional monument.
MRS. STEVENS (CONT’D)
I want every tree and monument there surrounded with roses -- bursting with them -- .
TOBY
But rose bushes should be placed a certain distance apart and -- .
Noah grimaces and catches Toby's eye to silently warn him not to fight her. Toby understands and sends him a quick smile.
MRS. STEVENS
Just do as I say! This will be only for the duration of the book fair; afterwards you’ll remove the roses and replace the sod. That is the only way those fools in the preservation society would allow me to do it. Now do you understand, or must I find a translator to explain it to you?
TOBY
-- Yes, ma’am -- I mean, I -- I understand.
MRS. STEVENS
Then get to work. I’ll return at noon to verify you’re doing things correctly.
She leads Noah to the South Entrance, imperiously. He casts a sympathetic smile over his shoulder at Toby.
TOBY (V.O.)
Okay -- gaydar off the chart there. I definitely wanted to paint him.
EXT. TEXAS STATE CAPITOL BUILDING SOUTH ENTRANCE - DAY
Noah and Mrs. Stevens stroll around to the drive. Toby and Luis unload the truck in the background.
MRS. STEVENS
I cease to be amazed at the difficulty in hiring decent help, these days. Imagine, catterwalling to his friends -- and in Mexican!
NOAH
-- I’m pretty sure it was French.
MRS. STEVENS
Whatever it was it wasn’t American! Now -- where was I? Oh, yes -- the food booths will be by the steps. Pleasant, don’t you think? And the Houston Symphony agreed to provide a nice string quartet, so they will be paced atop the steps. We may include a games area -- but Ellen Beck is in charge of that so one can’t expect too-too much. Most of the proceeds will come from the books, with all of it geared to help fight literacy and -- oh, I -- I mean, illiteracy. I was clear about that, wasn’t I? You won’t print it incorrectly, will you?
Noah just smiles his reassurance.