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 AUGUST 2004
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August 25, 2004
Wednesday 10:13:22 P.M. CST

Karl Rove Speaks:  Is Something Wrong?
The art of a political campaign is the ability to control perception. Karl Rove, President Bush's chief political strategist, is a master of political spin.  He knows how to control a political message.  However, unlike other political operatives, Rove prefers to work in the shadows than in public.  He rarely gives interviews unless something has gone awry.

Earlier today, Rove spoke to Brit Hume, the Washington Managing Editor of Fox News, about the Vietnam ad controversy and the campaign.  Coincidentally, Ben Ginsberg, legal counsel to the Bush-Cheney Campaign, abruptly resigned today for providing legal advice to The Swift Boat Veterans for Truth, the 527 group that has been highly critical of John Kerry's Vietnam war record.  Ginsberg's resignation follows an earlier resignation by a Vietnam Veteran who volunteered for the Bush-Cheney Campaign and appeared in the first Vietnam ad. Ginsberg's resignation also occurred on the same day that former Georgia Senator Max Cleland tried to deliver a letter to President Bush at his Crawford Ranch asking him to condemn the ads.  Surprisingly, Cleland was greeted by Texas Land Commissioner Jerry Patterson at the entrance pf the ranch and provided a letter drafted by the Bush-Cheney campaign.  The "Letter Showdown" was political theater that could give new life to the controversy.

John Kerry has accused President Bush of coordinating a "smear" and "fear" campaign with the Swift Boat Veterans.  If true, such an act is illegal.  No direct evidence has been presented to suggest that the law was violated.  President Bush has condemned all 527 ads. However, the perception that a direct link exists between President Bush and the controversial swift boat group raises doubts that may affect the President's political message of being a uniter and not a divider.  

Rove told Hume that there is no coordination between the Swift Boat Veterans or Bob Perry, the top Republican donor who provided seed money for the group.  The denial was not new.  What was new was that Karl Rove said it and not some other political surrogate.  Rove only speaks when it is absolutely necessary to clear the air or when the campaign's internal polls show that the Vietnam Vet ads are hurting the President.

With the advent of the Republican National Convention, Rove may be trying to put a controversy to rest in order to assure that President Bush's message for the next four years doesn't become a political footnote.

Stay tuned.     

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August 18, 2004
Wednesday 7:33:44 P.M. CST

GOP Lawmaker:  Iraq War Was Mistake
The right hand man of Porter Goss, President Bush's nominee to lead the CIA and former chairman of the House Intelligence Committee, stunned the political community today by calling the Iraq war a tragic mistake.

Republican Congressman Doug Bereuter of Nebraska, Vice-Chairman of the House Intelligence Committee, was very critical of the White House in a letter sent to constituents who inquired about the war.   In 2002, Congressman Bereuter supported the House resolution authorizing the President to go to war.

"I've reached the conclusion, retrospectively, now that the inadequate intelligence and faulty conclusions are being revealed, that all things being considered, it was a mistake to launch that military action." Bereuter said.

"From the beginning of the conflict, it was doubtful that we for long would be seen as liberators, but instead increasingly as an occupying force," he said. "Now we are immersed in a dangerous, costly mess, and there is no easy and quick way to end our responsibilities in Iraq without creating bigger future problems in the region and, in general, in the Muslim world."

Sounding a lot like Democratic nominee John Kerry, Bereuter said as a result of the war, "our country's reputation around the world has never been lower and our alliances are weakened."

Congressman Bereuter will be stepping down from his position on September 1. He will become the president of the Asia Foundation.

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August 18, 2004
Wednesday 7:26:56 P.M. CST

What Was That?
To find the latest "plain spoken" remarks by President Bush, click here.
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August 18, 2004
Wednesday 7:24:35 P.M. CST

Keeping Time With Bush and Kerry
If you are a political aficionado who wishes to spend a lot time with the presidential candidates, click here.
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 JULY 2004
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July 25, 2004
Sunday 8:15:11 P.M. CST

New Feature Launched:  WhiteHouseInsider.com
On the eve of the 2004 Democratic National Convention, MyCapitol.com is pleased to announce the unveiling of WhiteHouseInsider.com.  

The new feature is designed for individuals who want to stay informed about the upcoming political conventions, the race for the White House, political commentary, and political polls.  The website will be updated regularly.  

WhiteHouseInsider.com can be accessed via the homepage of MyCapitol.com or at http://www.whitehouseinsider.com.

Enjoy!
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July 11, 2004
Sunday 11:03:22 A.M. CST

Capitol Insider:  Can John John Pull It Off?
To read the most recent article in the Capitol Insider, click here.
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 JUNE 2004
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June 17, 2004
Thursday 12:01:22 A.M. CST

Snitching on Tom Delay
According to the July issue of Vanity Fair, some Republicans have broken Ronald Reagan's Eleventh Commandment:  Never bad-mouth a fellow Republican, especially to a prosecutor.

Travis County District Attorney Ronnie Earle is currently investigating the fundraising activities of  Majority Leader Tom Delay and House Speaker Tom Craddick on the alleged use of corporate contributions to help Republicans win a majority in the Texas House of Representatives. The new majority was instrumental in helping Tom Delay re-redistrict the congressional seats in Texas, which would increase the number of Republicans in the Texas Congressional Delegation.

Even though Earle and the Public Integrity Unit have been under the political radar, the author of the article quotes an unnamed prosecutor as saying that witnesses are coming forward, including several Republicans who are appearing incognito for fear of retaliation from Majority Leader Delay.  Somebody's talking and it may be favorable to the prosecution.

Earle has not subpoenaed Tom Delay.  However, power transfer arrangements have been discussed on Capitol Hill in case a grand jury indicts him.

If Earle decides to use his legal hammer to go after "The Hammer," the fall political season may get very interesting.   

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June 14, 2004
Monday 9:40:34 P.M. CST

Ronald Reagan at the Democratic National Convention?
Now that the Great Communicator belongs to the ages, the political truce between presumptive Democratic nominee John Kerry and President George W. Bush is over.  Campaign consultants are undoubtedly scratching their heads on how to politically benefit from the death of the man who valued optimism and bipartisanship.

The Republican National Convention will definitely highlight the man who rescued conservatism.  A tribute to President Ronald Reagan will remind voters of what the GOP has to offer.  

However, Democrats may be able to upstage the Republicans and minimize the posthumous effect Ronald Reagan may have on the November 2004 election.  

Since the Democratic National Convention will be held in July, one month before the Republican National Convention, Democrats may honor President Ronald Reagan first and characterize The Gipper as an "American President", not just a Republican President.  A tribute to Reagan by former Presidents Jimmy Carter and Bill Clinton may convince the Reagan Democrats in the key battleground states to give John Kerry a second look.

Stay tuned.

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June 5, 2004
Saturday 4:07:12 P.M. CST

Former President Ronald Reagan Dies
Former President Ronald Reagan died today at 4:09 EST in California.

President Reagan had been out of public view for almost a decade because of his battle with Alzheimer's disease.

MyCapitol.com expresses its deepest sympathies to the Reagan Family.

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 MAY 2004
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May 14, 2004
Friday 7:30:47 P.M. CST

Robin Hood Dodges Political Arrows--Again

The legislative sheriffs of Texas' Nottingham took their best shot and missed --again.

"Robin Hood," the name coined to describe the politically unpopular but constitutional system of public school finance in Texas, survived another elimination attempt after the Texas Senate failed to reach a consensus earlier today.  Several revenue options were considered to offset the loss resulting from a cut  in property taxes, but none came to fruition.

The Fourth Called Special Session officially ends on Wednesday, May 19.  However, as a practical matter, there will not be enough time to pass a bill this session, which could be aptly described as the "Special Session of Perception."   Even though there was no solution, Texas lawmakers can take credit for trying to change the complicated system.

"Folks, I'd like to tell you we could get a bill out,"  Lieutenant Governor David Dewhurst said during a press conference. "But we can't do it."  Dewhurst said more time is needed to address the difficult issue.

Last week, the Texas House of Representatives sent the Texas Senate a "shell" bill that some House members described as "disastrous," but necessary to move the legislative process forward.  Some Texas Senators were highly critical of the vacuous bill and the political risks associated with voting for higher taxes without the assurance that the bill would become law.   

Texas Governor Rick Perry promised to call lawmakers  back into session to address the issue, but did not specify any dates.  After today's developments, Governor Perry issued the following statement:

“Funding our public schools is likely the most complex and important issue that state leaders face, as evidenced by the fact that no legislature has ever solved the matter in 30 days. From the outset I have said that I am committed to spending whatever time it takes to address the issue. Our children and taxpayers deserve no less than our full commitment.

“Over the past few weeks, Lt. Gov. David Dewhurst, Speaker Tom Craddick, the Senate and the House have made significant progress toward addressing the issues of improving education, funding our schools and providing taxpayers much needed property tax relief. Lt. Gov. Dewhurst has said the Senate needs additional time to pass a plan that does right by taxpayers, teachers and school children.
.
“I am confident that with the kind of disciplined and focused leadership that Speaker Craddick and Lt. Gov. Dewhurst have exhibited, we can and will succeed.

“I look forward to continuing our work in the coming days until we have developed a plan that achieves our goals of ensuring educational excellence, eliminating Robin Hood, cutting and controlling property, and preserving our state’s strong job creation climate.”

House Speaker Tom Craddick echoed the difficulty in finding a consensus on such a politically charged issue.

"Believe me, I understand the Senate's problem in reaching a consensus. The House has nearly five times as many members, said Craddick.

"We too are disappointed that the many moving parts couldn't come together, but we will continue to work toward finding a solution."

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May 2, 2004
Sunday 10:01:43 P.M. CST

Texas House to Consider Public School Finance Legislation
With a 21-7 vote, the House Select Committee on Public School Finance sent the Calendars Committee a 372 page bill (C.S.H.B.1 and outline) and constitutional amendment (C.S.H.J.R. 1 and outline) to reform the public school system. The vote was largely on partisan lines, with the exception of Representative Ron Wilson (D-Houston).  Wilson, a loyalist of Speaker Tom Craddick and former chairman of the powerful House Ways and Means Committee, was recently "purged" in the Democratic Primary and will not be returning in January 2005.

The bill and the constitutional amendment face a bleak future in the Texas House of Representatives.  First, several hundred floor amendments will likely be proposed to modify the proposed legislation.  Second, the bill and constitutional amendment contain gambling provisions that some Republicans have said are "dead on arrival".  Third, there may not be 76 votes to approve the proposed legislation.  More importantly, the constitutional amendment does not have the necessary 100 votes to pass the Texas House.  Thus, the key revenue generating provisions will never see the light of day.

If public school finance is as important as congressional redistricting, the Texas Governor Rick Perry will call at least three special sessions before calling it quits.

Stay tuned the for the votes this week.    
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 APRIL 2004
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April 27, 2004
Tuesday 9:21:33 P.M. CST

Lawmakers Consider Revenue Options for School Finance
Texas lawmakers are considering various revenue proposals to offset the cut in property taxes which could result upon the death of the "Robin Hood" public school finance system.

To read some of the proposals under consideration, click here.
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April 21, 2004
Wednesday 6:41:33 P.M. CST

Perry and Strayhorn Accuse Each Other of "Fuzzy Math"
The Battle of the Numbers between Texas Governor Rick Perry and Comptroller Carole Keeton Strayhorn continued on the second day of the Fourth Called Special Session on school finance.
At issue are the benefits and savings the Governor's school finance plan is suppose to produce.

Governor Perry believes his plan will reduce individual property taxes and increase per student funding.  Strayhorn staunchly disagrees.  Yesterday, she presented printouts to show that the Governor's plan will only benefit the superwealthy districts. Strayhorn also estimated that the Governor's plan would produce a $10 billion deficit.

"The only thing that is fatally flawed here is the Governor's plan. The numbers I released today show too many of our public school districts get too little money. In most cases, districts receive absolutely no more money to educate our kiddos," said Strayhorn.

Governor Perry was highly critical of Strayhorn's assessment of his plan.

"The comptroller's analysis of my plan is based on several false assumptions and, I might add, eye-popping miscalculations," Perry said.   Perry also noted that it is an "astonishing fact that the top number-cruncher in this state could be so wrong on the numbers."

Strayhorn, who is highly regarded for having one of the best revenue projection models in the country, was forthright in her response to the Governor's comments.

"How dare the governor question the integrity of this agency. How dare he. I am telling the truth, and I will keep telling the truth," said Strayhorn.

Stopping short of calling Strayhorn a WMD, Perry said that she was adamant on "blowing up" the special session.

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April 21, 2004
Wednesday 6:28:12 P.M. CST

Strayhorn:  Alcohol, Sex, and Public Education Don't Mix
In a public rebuke to Governor Rick Perry's proposal to fund public education by assessing a $5 adult access to sexually oriented nightclubs, Comptroller Carole Keeton Strayhorn today proposed banning alcohol at sex clubs.

"I don't want my five granddaughters growing up in a state where the Governor says partnering with sexually oriented nightclubs is an acceptable way to finance their education," Strayhorn said. "Texas is great, but we can do better than this."

The adult access fee, or what Strayhorn calls a "sleaze tax," is part of the Governor's multi-million dollar "sin tax" proposal to increase revenue for public education.

"The state of Texas does not need to be partnering with these clubs that are degrading, particularly to women, and are havens for drug use and abuse. We need to be shutting them down," said Strayhorn.

Strayhorn also expressed concerns about the primal behavior that alcohol tends to produce.

"Alcohol can make the meek violent, the quiet loud, and the passive aggressive. People can and do get hurt in these clubs."  "If these clubs can stay in business selling lemonade and iced tea, at least I will feel better about the safety of the dancers," Strayhorn added.

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April 21, 2004
Wednesday 6:10:45 P.M. CST

Perry:  Texas Needs Vouchers
Calling it a "public school choice" pilot program, Governor Perry today expressed his support for a voucher program.

"I'm for a public school choice pilot program, always have been," Perry said. "I'd like to have seen it four sessions ago. I don't have a problem with that, never have."

No specific vouchers bills have been filed, but the proclamation issued by the Governor includes broad language which could allow a voucher bill or an amendment to be considered by the Texas Legislature and avoid a procedural death sentence, i.e. point of order.

In setting the parameters of the "call" of the session, Governor Perry listed the following:

"To consider legislation on education reforms and property tax reduction proposals that benefit the school children and property taxpayers of Texas."  The words "education reforms" could be construed as allowing the consideration of vouchers.

The Coalition to Invest in Public Schools, an organization dedicated to informing the public about developments in public school finance, is opposed to vouchers.  The Texas Association of School Administrators and the Texas Association of School Boards comprise the Coalition.

Dawson Orr, President of the Texas Association of School Administrators and a spokesperson for the Coalition said earlier today, “We owe our children the best education we can provide them. A voucher program simply does not guarantee a quality education and takes needed money away from public schools.”

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April 19, 2004
Monday 11:51:11 P.M. CST

Can't We Just Get Along?
On the eve of a historic special session on school finance, the war of words between Texas Governor Rick Perry and Comptroller Carole Keeton Strayhorn has set a tone in the Texas Legislature that could be indicative of what is yet to come during the next 30 days.

Earlier today, Comptroller Strayhorn, who considers herself to be Texas' Toughest Grandma, sent Governor Perry, Lieutenant Governor David Dewhurst, and House Speaker Tom Craddick a letter that was highly critical of the Governor's school finance plan.  According to Strayhorn, the Governor's plan would result in a $10 billion deficit!  The Governor's office disputes Strayhorn's conclusions, but the Comptroller's statements will certainly cause all interested parties to take a second look at the Governor's plan.

Stay tuned.

Thirty days is a long time in the Texas Legislature.  
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April 19, 2004
Monday 11:27:11 P.M. CST

Craddick Issues Statement on Special Session
To read the statement, click here.
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April 19, 2004
Monday 11:17:11 P.M. CST

21 and 100:  Bet on Those Numbers
There's an old saying in the Texas Capitol:  "What the Governor proposes, the Texas Legislature disposes."   

Based on recent reactions from key players, interest groups, and lobbyists, the Governor's school finance plan may soon experience an extreme makeover that could determine its success or failure.  However, any school finance plan that passes out of the Joint Committee on Public School Finance still faces a major hurdle - two-thirds approval of the constitutional amendments in the Texas Senate and Texas House.

While a regular House and Senate bill can be approved by a simple majority (16 in the Texas Senate and 76 in the Texas House), constitutional amendments require two-thirds approval in each house (21 in the Texas Senate and 100 in the Texas House).  Some school finance proposals, including the Governor's school finance plan, require adopting constitutional amendments to reform public school finance. Even if lawmakers vote along party lines (Texas Senate: 19 Republicans, 12 Democrats and Texas House: 88 Republicans, 62 Democrats), the constitutional amendments will fail.  Thus, bipartisanship will be key to the success of any school finance legislation.  

Start counting votes.
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April 10, 2004
Saturday 7:47:11 P.M. CST

Capitol Insider:  "Bin Ladin Determined to Strike in US" Memo Declassified
To read the declassified memo, click here.
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 MARCH 2004
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March 31, 2004
Wednesday 9:09:22 P.M. CST

Strayhorn Questions Perry's Leadership
Calling on Texas Governor Rick Perry to act immediately, Comptroller Carole Keeton Strayhorn today told the Texas Association of Counties that Gov. Rick Perry is failing the state by throwing thousands more children off their health insurance plan, refusing to deal honestly with the school funding crisis, and by stripping local control away from local governments.

"It's time for the hemorrhaging to stop. It's time to put the children first. It's time to act," Strayhorn said.

Strayhorn challenged Perry to immediately call upon legislative leaders to release $583 million the Governor is "sitting on" to fund needed health care.

"I'm calling on him to use his powers of persuasion and his bully pulpit to get the Legislative leadership together and free these funds before one more child is hurt, before one more family has to make a heart-wrenching choice between keeping their insurance and setting just a little bit aside for education and before one more emergency room doctor has to tell a patient to 'get on down the road,'" Strayhorn said.

She also said Perry should order the health and human services commission to back off new asset tests that will throw thousands more children off the Children's Health Insurance Program. Since September, 119,000 children have lost their insurance, and Texas is already dead last in percent of children with health insurance in the United States.

"With one simple phone call, the Governor can stop this atrocity," Strayhorn said. "He can order his health and human services chief to back off the new guidelines and allow Texas families to retain their dignity, their independence and their children's health insurance."

On the education front, Strayhorn lambasted the Governor for letting months of inactivity pass while the school system suffers.

"During the last regular session, the Governor told us he could not address the school funding crisis immediately because fellow lawmakers did not have the adequate experience in office," Strayhorn said.

"This year he tells us a special session is coming when there is a consensus on a fix, and still no date has been set.

"I say his learning curve should now be complete, and if not, we need new leadership willing not to delay, not to cajole, not to offer patchwork proposals packaged in lofty titles."

Strayhorn told the association she shares their concern that continued unfunded mandates from the state coupled with Perry's plan to eliminate local control are threatening vital local government services.

"I am a staunch believer in local control," Strayhorn said. "The parts of the Governor's plan to fix school finance that we have seen are really no fix at all. In fact, all they really do is offer relatively paltry payoffs to schools that do better in exchange for taking local control away from local governments.

"I am a fiscal conservative and I can tell you there is a difference between being a fiscal conservative and having a callous disregard for our fellow Texans."

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March 31, 2004
Monday 9:07:11 P.M. CST

Texas Attorney General Praises Arrests of Child Predators
 To read the attorney general's statement, click here.
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March 29, 2004
Monday 8:43:56 P.M. CST

Perry Invests $40 Million in Research Center
Texas Governor Rick Perry today announced a $40 million grant from the Texas Enterprise Fund to help launch the Advanced Materials Research Center (AMRC) in conjunction with semiconductor technology leader Sematech.

"This Texas Enterprise Fund grant will be used to establish and operate the Advanced Materials Research Center, a new advanced research and development effort that is critical for the acceleration of promising new semiconductor and emerging technologies," Perry said. "Keeping Sematech in Texas means keeping Texas on the leading edge of innovation in rapidly advancing fields like nanotechnology, biotechnology, micro-electro-mechanical systems, and other critical future technologies."

The mission of the AMRC will be to accelerate the development of critical technology research that economists believe will generate the industries, careers, and tax revenue of the future. The AMRC will focus on leading-edge materials and capabilities for next-generation semiconductors, as well as cutting-edge research in nanotechnology, biotechnology, and other related advanced high-tech areas. Sematech estimates that this effort is expected to generate more than 4,000 high-tech jobs in Texas over the next 10 years.

"Working with Texas universities, the AMRC will help bring innovations in the lab all the way to the marketplace by helping turn intellectual capital into commercial innovation," Perry said. "With this agreement, companies and entrepreneurs will continue to be drawn to the Lone Star State to reap the benefits of our research capabilities and ultimately will bring more high-paying jobs, more opportunities in related technology fields, and more wealth to our state."

In addition to the $40 million TEF grant, Perry said the state will work to help Sematech secure another $160 million in funding from federal, state and local sources over the next five years.

"As governor, preserving and creating jobs, and building a better economic climate, are among my chief aims," Perry added. "Texans can know that their state remains as committed as ever to being a strong player in the technology revolution because it will mean greater opportunity and prosperity for our entire state."

Perry successfully urged the Texas Legislature in 2003 to appropriate $295 million to the Texas Enterprise Fund to help Texas create new jobs and grow its economy. This is the forth project funded with Enterprise Fund money.

In June, the state committed $50 million to enhance engineering and computer science programs at the University of Texas at Dallas. The investment played a key role in Texas Instruments' decision to build a new $3 billion research and manufacturing plant in Richardson. The state also committed $1.5 million to Maxim for a new semiconductor facility in San Antonio that will likely create 600 new jobs over the next three to four years. In February, Perry announced a $35 million grant for Vought Aircraft to expand and bring 3000 jobs to Texas.

Sematech is a global semiconductor technology development consortium that has effectively represented the semiconductor manufacturing industry on innovation issues since 1988. Sematech conducts state-of-the-art research and is a highly-regarded technology partner whose goal is to refine the tools and technology necessary to produce future generations of chips.

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March 29, 2004
Monday 8:29:17 P.M. CST

The Politics of Ketchup
Ketchup in the race for the White House?  Last week, Heinz issued a statement officially declaring that its company and products are non-partisan.  Heinz disawowed any connection to Teresa Heinz Kerry, the heiress to the $500 million fortune and wife of U.S. Senator John Kerry.

To read the company's statement, click here.
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March 28, 2004
Sunday 8:23:37 P.M. CST

President Bush Praises Richard Clarke

The White House spinmeisters might be scratching their heads after Richard Clarke's appearance on NBC's Meet the Press with Tim Russert earlier today.  

According to a copy of the transcript of the interview obtained by MyCapitol.com, Clarke showed Russert his version of the "get out of jail" card.  For several days, the Bush White House, campaign surrogates, and Republican leaders on Capitol Hill have aggressively attacked Clarke's credibility.  To prove that Clarke was supportive of the President's leadership on terrorism, the White House released a copy of Clarke's resignation letter.

In the letter, Clarke says the following:

"It's been an enormous privilege to serve you these past 24 months. I will always remember the courage, determination, calm leadership you demonstrated on September 11. I thank you again for the opportunity to serve you."

Clarke now says that he wrote those words because he was being polite.  He also noted that the letter also said, "I will always have fond memories of our briefings for you on cybersecurity."   According to Clarke, this part of the letter is important because he is now alleging that he was not allowed to brief the President on terrorism.

To prove that the President trusted his advice and leadership, Clarke produced the original, handwritten letter from President Bush praising his public service after he resigned.

The President wrote, " Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government."

Was the President being sincere or just polite?

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March 28, 2004
Sunday 7:58:45 P.M. CST

Karen Hughes To Promote New Book, Join Bush/Cheney Campaign
Karen Hughes, one of the most trusted advisers of President Bush, will be promoting her new book, Ten Minutes from Normal, beginning tomorrow.  The autobiography chronicles her experiences in the 2000 Presidential Election Campaign.

The New York Times also reported today that Hughes will be joining the Bush/Cheney campaign in August.

To learn more about Karen Hughes, go to http://www.karenhughes.com.

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March 28, 2004
Sunday 7:53:15 P.M. CST

Who Do Your Neighbors Support?
To find out, click here.
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March 28, 2004
Sunday 9:23:15 A.M. CST

Clarke Pops Bush/Cheney Anti-Terror Balloon
To read the story, click here.
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 March 27, 2004
Saturday 12:34:16 P.M. CST

Special Session of Perception
Last week, Texas Governor Rick Perry indicated that he will announce on April Fool's Day whether a special session will be held to replace the infamous Robin Hood school finance plan. Thus far, progress towards a replacement funding scheme has been reported by Republican lawmakers. However, no consensus has been reached, which is what Governor Perry wanted before he decides to tackle such a political sensitive issue.

In a copyrighted story in its Saturday morning edition, the Austin American-Statesman reported that a special session is imminent, even if there is no consensus.

"Yes, we will have a special session," said State Representative Talmadge Heflin (R-Houston), Chair of the House Appropriations Committee.  No date was specified by Heflin or Governor Perry.  Heflin did note, however, that any substantive changes may take years, instead of 30 days, which is the length of a special session.

"We will take stab, but I think it will take us about three years, probably through 2007, to get a long-term solution in place," said Heflin.

While the leadership in the Texas House of Representatives is inclined to take incremental steps to replace the tax system to provide equitable funding to public schools, the leadership in the Texas Senate is planning on recommending radical changes to the tax system. Texas Senator Steve Ogden (R-Bryan), Chair of the Senate Finance Committee, is advocating the "big gulp" approach.  This approach is contrary to Heflin's "sip" approach, which is likely to limit the political fallout from any proposals that are offered.

Replacing Robin Hood will not be an easy task.  The Texas Association of Business and other influential lobby groups have not fully endorsed any proposals that have been publicly discussed.  Without the support of the Texas lobby, any proposal that seeks to increase taxes or shift the burden will be addressed with extreme prejudice.  In addition, the votes to replace the current system may not be available because several Republican lawmakers in the Texas House and Senate have mixed districts, which include property rich and poor school districts.

 Even if there is a special session with no concrete solutions, the Texas Legislature can at the very least claim credit for conveying the perception that they are working hard to provide property tax relief and an equitable public school system.  

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March 5, 2004
Friday 10:00:56 P.M. CST

Perry Denies Rumors About Marriage, Infidelity
It took almost two months, but Texas Governor Rick Perry finally addressed the salacious rumors that quickly mutated into a damaging political virus.  MyCapitol.com had been aware of the rumors for several weeks.  However, as a general policy, MyCapitol.com does not engage in rumormongering.  If a story cannot be substantiated, it will not be published.  However, now that the rumors are part of the mainstream media, the story is newsworthy.

In an exclusive interview with the Austin American-Statesman, Perry said that the rumors about his marriage and alleged infidelity with a man or woman had reached a "critical mass" that they warranted a response.  Interestingly, the rumors developed a bipartisan nature - both Republicans and Democrats spread them. At a minimum, the rumors appeared on an alleged Christian website and the Austin Chronicle, a liberal, alternative newspaper, which found no evidence to substantiate the rumor.  The matter had reached a level of absurdity that bumper stickers became part of the rumor mill campaign.     

Perry called the rumors an orchestrated smear campaign by his political enemies.  The culprit(s) has not been identified.  However, some capitol insiders believe that the original rumormongers may exist within his own party.

Conspicuously absent from the front page photo and the Statesman article was Anita Perry, the First Lady of Texas.  Given the severity of the rumors, it would have been politically prudent to publish a front page photo of the First Family together and to issue a joint statement denouncing the rumors.  Instead, Perry appears by himself.  To be fair, a photo of the First Couple looking in two different directions appears later in the article, just above a photo of protesters holding signs that read, "It's okay to be gay, guv."

Whether the absence of Anita Perry in the article was intentional or a public relations snafu is not known. However, Mrs. Perry did eventually comment on the matter.

In a short statement issued after the Statesman article was published, Mrs. Perry said, "It's very sad that some people believe that spreading false, vicious and hurtful rumors is acceptable behavior. Rick and I are both outraged that people would drag our family into such ugly, politically motivated nonsense."

Perry criticized Charles Soechting, the chair of the Texas Democratic Party, for spreading the baseless rumors.  In a written statement, Soechting vehemently denied Perry's accusations.

"For more than two months now, rumors about Rick Perry's personal life have run rampant in the political community from Washington to Austin. The Democratic Party didn't start them, nor did we coordinate any personal attack on Rick Perry," said Soechting.

"In fact, the rumors have been passed around by lobbyists, Republicans, and Democrats - as the Governor knows full well. This is not the first time in the Governor's long political career that personal rumors have surfaced. The Governor's attack on Democrats and his plea for sympathy is nothing more than a political tactic - designed to obscure the bankrupt policies and corrupt practices that have marked his administration."

Perry's denials of the rumors should end the speculation.  However, in an election year, anything is possible.

Stay tuned for more developments, if any.  
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March 1, 2004
Monday 9:43:45 A.M. CST

Super Tuesday Without the Surprise
March 2 is Texas Independence Day.  However, Texans will not be voting on Super Tuesday to decide who will be the Democratic nominee in the race for the White House.  The Texas Legislature changed the primary date to March 9 to accommodate changes to the new congressional districts.  If the opinion polls are correct, the nomination will be sealed tomorrow night.  

The Bush/Cheney reelection campaign train is finally picking up steam.  This upcoming Thursday the campaign will be launching an aggressive media blitz in key electoral states.  Money is no factor.  The campaign has more than $140 million to spend and the ad campaign is expected to cost a mere $4.4. million.

Instead of attacking the presumptive Democratic nominee, the campaign will be focusing on President Bush's steady leadership in a time of change.  The goal is to shore up the President's image and credibility to assure voters that he should be reelected.  With the economy improving, the President will likely be highlighting the positive effects of his tax cuts.  

Analysts predict that only 18 states will really matter in deciding who will win the White House.  Most of those "battleground states" are in the Midwest. Ohio and Missouri are two bellwether states that will decide who will be the next president.  Expect the President and John Kerry, the presumptive Democratic nominee, to be visiting those two states a lot in the upcoming months.     

For more analysis on Super Tuesday, click here.

Stay tuned for the results.   
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 FEBRUARY 2004
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February 29, 2004
Sunday 8:23:15 P.M. CST

"The Rumor" Exposed
It's been on the internet, the halls of the Texas Capitol, and now in the Austin Chronicle.

To read the story, click here.
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February 21, 2004
Saturday 9:59:45 A.M. CST

Subpoena Storm About to Hit Texas Capitol
The Austin American-Statesman reported this morning that Travis County's Public Integrity Unit is planning to issue 70 to 80 new subpoenas next week as part of its investigation of Texans for a Republican Majority.   The Statesman and the Houston Chronicle are also reporting that Mike Toomey, Governor Perry's Chief of Staff, may also be implicated in the investigation.

Developing...
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February 19, 2004
Thursday 9:00:34 P.M. CST

MyCapitol.com Turns 3

The "net baby" is smiling today :)

Three years ago, MyCapitol.com was born in cyberspace.  Since then, the site has experienced tremendous success.  With thousands of visitors worldwide and a growing subscription list, MyCapitol.com has quickly matured into a credible and reliable website on Texas and U.S. politics.  With "word of mouth" advertising and no private funding, MyCapitol.com has and continues to exceed expectations.

The future is bright for MyCapitol.com.  MyCapitol.com has new "brothers" and "sisters" and additional services are planned, including providing "subscriber only" access to premium intelligence and analysis.  

Thank you for helping make MyCapitol.com a big success!  

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February 19, 2004
Thursday 8:59:12 P.M. CST

Texas House Speaker Target of Criminal Investigation
The criminal investigation into alleged illegal corporate contributions by Texans for a Republican Majority took an interesting twist today.  Travis County District Attorney Ronnie Earle subpoenaed Texas House Speaker Tom Craddick to provide all records, including pledge cards, relating to the 2002 Speaker's race.  House Public Education Chairman Kent Grusendorf (R-Arlington) and former lawmaker and current congressional candidate Arlene Wohlgemuth were also subpoenaed.

The subpoena was issued to Craddick after he refused to make any documents public in response to requests from two public interest groups.  The state's major newspapers, including the Dallas Morning News and the Austin American-Statesman, recently ran front page articles raising questions about alleged corporate contributions Craddick made to Republican candidates who later supported him in the Speaker's race.  The race for Speaker of the House has its own rules and corporate contributions are prohibited.

Speaker Craddick denied any wrongdoing.  After receiving the subpoena, Speaker Craddick issued the following statement:

“The Travis County District Attorney’s office issued a summons today seeking documents from the 2002 Speaker’s race. We intend to fully comply with the summons and cooperate with the DA’s office.

“I am satisfied that I, and all other candidates for Speaker of the House of Representatives for the 78th Legislature, conducted our races appropriately, and I am happy to have helped elect a Republican majority -- as I have tried to do since I was first elected to the House in 1968.”

Craddick has retained the services of high-powered Travis County criminal defense attorney Roy Minton.  The Texas Ethics Commission allows state officials to use their campaign/officeholder accounts to pay for legal services used to defend actions taken in their official capacity.

Interestingly, on November 4, 2003 and after Earle began investigating Texans for a Republican Majority, Speaker Craddick issued an interim charge to the House Redistricting Committee.  The Committee was assigned the task to "consider modifications to the districts of county and district attorneys."

In light of Earle's recent activities, the Texas Legislature may redistrict him out of a job or eliminate the Public Integrity Unit during the next regular session in 2005 or in a special session.

Stay tuned for more details.

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February 19, 2004
Thursday 8:58:43 P.M. CST

Perry Announces Health Grant Awards
Good news for the health community in Texas!

Texas Governor Rick Perry today announced more than $1.3 million in state incubator grants to assist communities in developing and expanding health care services to low-income and uninsured Texans.

The funds, awarded through the Texas Department of Health (TDH), are part of Senate Bill 610, a component of Perry’s health care plan for the state. The legislation established an incubator program in an effort to draw additional federal funds to increase the number of federally qualified health centers (FQHCs) in Texas. Last October, $3.6 million in assistance was announced in the first round of grants.
“This continued investment allows our state to attract additional federal funds for centers that will provide high-quality, cost-effective and comprehensive primary and preventive care,” Perry said. “By increasing the number of federally qualified health centers in Texas, we increase access to health care throughout the state.”

TDH was responsible for reviewing grant applications and determining award amounts. The incubator grants will help a community assess its needs, develop a health care delivery model, assist in the federal grant application process or in acquiring additional equipment to establish a FQHC.

FQHCs are designed to provide health care to people in medically underserved areas, including many without health insurance. Texas has 181 FQHCs in 58 counties providing health care to 483,452 patients. More than 59 percent of those patients were uninsured. Governor Perry announced more than $3.6 million in state incubator grants for FQHCs last October.

“These organizations are to be commended for acting to expand health care availability in their communities and for contributing to our overall efforts to ensure that more Texans have access to the health-enhancing advantages of primary and preventive care,” said Texas Commissioner of Health Eduardo Sanchez.

The state incubator grants awarded include:

$50,000 to Alvin Community Health Endeavor
$38,830 to the Asian American Health Coalition of Greater Houston
$5,000 to Central Counties Center for MHMR in Temple
$3,000 to Community Health Service Agency, Inc. in McKinney
$5,000 to El Buen Samaritano Episcopal Mission in Austin
$192,250 to El Centro Del Barrio in San Antonio
$35,000 to El Paso County Hospital District in El Paso
$55,000 to Fort Worth Northside Community Health Center
$105,000 to Gateway Community Health Center, Inc. in Laredo
$5,000 to Live Oak County Community Development Corporation in George West
$10,000 to Longview Wellness Center
$5,000 to Matagorda Episcopal Health Outreach Program in Bay City
$240,000 to Midland Community Healthcare Services
$154,500 to Mt. Enterprise Community Health Clinics
$ 5,000 to Nueces County Medical Education Foundation
$175,000 to Pasadena Health Center
$15,307 to Presidio County in Marfa
$20,000 to South Plains Rural Health Services, Inc. in Levelland
$239,730 to Spring Branch Community Health Center in Houston
$3,000 to Tapestry Healthcare in McKinney
$5000 to United Friends of Fisher County, Inc. in Roby

Increasing the number of federally qualified health centers in Texas is a key component of the governor’s health care plan.

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February 15, 2004
Sunday 11:15:07 A.M. CST

Capitol Insider:  Bush v. Kerry: Battle of the Bones
To view the most recent article in the Capitol Insider, click here.
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 JANUARY 2004
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January 31, 2004
Saturday 4:09:13 P.M. CST

Message from MyCapitol.com
A technical glitch temporarily disabled MyCapitol.com's free update service.  The problem has now been corrected.

Readers who wish to receive "Lege Alerts" and other announcements from MyCapitol.com can now submit their e-mail addresses.

Thank you for your patience and interest.
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January 24, 2004
Saturday 4:29:27 P.M. CST

Capitol Spin:  Bush Poll Numbers Disappointing
To view the most recent article in the Capitol Spin, click here.
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January 22, 2004
Thursday 8:35:37 P.M. CST

Perry:  University Regents Need to Be Accountable
Texas Governor Rick Perry today directed university regents to begin setting accountability standards to ensure tax dollars colleges and universities receive are being efficiently spent and college students are receiving a quality education. Perry issued the directive in an executive order.

“Our institutions of higher education should be held accountable to taxpayers for the billions of dollars in state funding they receive each year,” Perry said. “It also is essential students and parents know they are getting a quality education for their tuition dollars.”

In his executive order, the governor directed that the boards of regents for each public institution and university system work with the Texas Higher Education Coordinating Board in developing the accountability measures.

That system, the governor said, should “provide Texans with the information necessary to determine the effectiveness and quality of student education at individual institutions, and the basis upon which to evaluate the institutions’ need for additional state resources.”

“Whether in tough economic times or economic boom times, our colleges and universities must clearly define their need for additional state funding,” Perry added. “They must make the case to justify the public’s continued investment of resources.”

Perry noted public schools that educate students in kindergarten through grade 12 have been held to accountability standards for more than 10 years.

“The public has the right to demand complete accountability for its investment in institutions of education,” Perry said in his executive order. “Systems and institutions of higher education must be able to clearly define the need for additional state funding in a manner which will justify the public’s continued investment of resources.”

Perry set a deadline of December 17 for receipt of the accountability system proposals.

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January 22, 2004
Thursday 8:28:10 P.M. CST

Legislative Redistricting Board to Convene
The redistricting saga continues in Texas.  But now the focus will be on judicial redistricting.

The Legislative Redistricting Board is scheduled to convene on January 26, 2004.

The official press release says the following:

"Article Five, Section 7a of the Texas Constitution provides that when the Judicial Districts Board fails to reapportion judicial districts as is constitutionally required, the Legislative Redistricting Board (LRB) shall make a statewide reapportionment of judicial districts. Because this task was not completed, the LRB, which is comprised of the Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts, and the Commissioner of the General Land Office, will meet on January 26, 2004, to fulfill its constitutional duty.

This reapportionment process will address only the 420 district courts of Texas, and not the 14 state appellate courts. In its deliberations, the LRB will consider whether it is necessary to make any changes in the current designation of a county or counties within specific judicial districts or whether the existing allocation of courts among counties is appropriate, recognizing that consideration is already given to this issue during each session of the Texas Legislature through the creation of new courts. The LRB's deliberations will not address issues outside the specific issue of the reapportionment of judicial districts, such as the method of selecting and electing judges in Texas or other issues related to administration of the courts in Texas."

Stay tuned for more lawsuits.
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January 9, 2004
Friday 12:44:14 P.M. CST

Texas A&M Ends Controversial Legacy Admissions Program

After Texas lawmakers criticized legacy admissions and some civil rights groups threatened to file lawsuits, Texas A&M University President Robert Gates announced today the end of the controversial preference program, which awarded points to sons and daughters of alumni.  Lawmakers and civil rights groups had complained that the preference largely benefitted white students whose relatives attended Texas A&M at a time when minorities were excluded from attending the flagship university.

President Gates issued the following statement on legacy admissions:

On December 3, 2003, when I announced the comprehensive plan to recruit and enroll more minorities at Texas A&M University, I stated that all students would be admitted based on individual merit and potential contribution to the University community. Further, I stated at that time and in subsequent meetings with legislators and internal and external groups that all admissions factors—including legacy—were under review to ensure that we have a fair and equitable process. This was due in part to our understanding that there was an inconsistency in the continued use of legacy in a merit-based process.
We believe, as virtually every university in the country does, that students whose family members have attended its university add value to what makes those institutions unique. This is especially true at Texas A&M. At the same time, the solidity of the Aggie family and the strength of the Aggie culture are not the result of four out of 100 points on an admissions evaluation. For the three-fourths of our freshmen who were enrolled in the fall of 2003 under the top ten percent law and automatic academic admission, legacy was irrelevant. Indeed, not one student of the more than 10,000 who were admitted was admitted solely on the basis of legacy. In fact, legacy has been a formal part of A&M’s admissions process only since 1989 and has played far less of a role in admissions than either Aggies or others probably believe.

In an admissions process based on individual merit and potential contribution to the university community, prior affiliation with Texas A&M should not be a criterion. We intend to continue to urge students from Aggie families to apply to A&M and, if accepted, to enroll here. But, after consultation with each of the Texas A&M University System Regents, I have decided that, effective immediately, Texas A&M will no longer award points for legacy in the admissions review process.

I had intended that legacy be addressed in an ongoing review of our admissions procedures. However, public perceptions of the fairness and equity of our process clearly are important and require prompt action to deal with an obvious inconsistency in an admissions strategy based on individual merit.

Indeed, in retrospect, this decision regarding legacy should have been part of my December 3rd announcement and because it was not, Texas A&M has suffered unfortunate negative publicity. I take full responsibility for that.

Today’s announcement brings greater consistency and equity to our admissions decision making process. We will continue our review.
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January 8, 2004
Thursday 9:04:34 A.M. CST

Secretary of State Issues Guidelines for Texas Congressional Races

In light of the recent decision by the three-judge panel in Walter Session, et al. v. Rick Perry, et al., Secretary of State Geoff O'Connor issued the following guidelines to state and county chairs.  The memo is reprinted in its entirety as a courtesy to readers of The Lege.  

To:          State and County Chairs

From:     Geoff Connor

Date:       January 7, 2004

Re:         Congressional Filing Guidance Resulting from the Decision of the Three-Judge Federal panel,
               dated January 6, 2004                 
As a result of the decision of the federal Three-Judge Panel in Session v. Perry, et al, Civil Action No. 2:03-CV-354, my office is providing guidance on the issues concerning filings for congressional offices. Consistent with the January 6, 2004 decision of the Panel and the Panel's November 12, 2003 interim order, I hereby advise you of the following:

A. Candidate Filing Period

A supplemental filing period of January 11 - January 16, 2004 has previously been established for congressional candidates. All prospective candidates that have not yet filed for Congress are required to file for their desired seat under Plan 1374C with the appropriate filing office during the period set forth above. In addition, candidates who filed for Congress under the old lines set forth in Plan 1151C during the regular filing period of December 3, 2003 - January 2, 2004 who wish to run under the new lines must file again under Plan 1374C with the appropriate filing office during the same supplemental period.

B. Candidate Filing Fees

Candidates for Congress that have previously filed under the old lines and paid the associated filing fee are hereby deemed "ineligible" for the congressional seat under the old lines in accordance with Section 141.038 of the Texas Election Code ("Code"). Consistent with this provision of the Code, each such candidate is entitled to a prompt refund of this filing fee. Thereafter, and at the election of each prospective congressional candidate, refunds of filing fees may be applied to any new filing fee under Plan 1374C required to be paid during the supplemental filing period of January 11 - January 16, 2004.

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January 6, 2004
Monday 10:24:16 P.M. CST

Three Judge Panel:  New Congressional Map is Legal

In a 127 page opinion, a three judge panel ruled earlier today that the new congressional map complies with all federal and constitutional law requirements.

Circuit Judge Higginbotham and District Judge Rosenthal, both nominated to the bench by Republican presidents, specifically held that the map does not discriminate against minority voters, the map is not an unfair partisan gerrymander, and mid-decade redistricting is not prohibited.  The new map is expected to be implemented for the March 2004 primary and November General Election.  It is expected to give Republicans a 22-10 political advantage in the Texas congressional delegation.   

District Judge John Ward, an appointee of former President Clinton, concurred in part of the opinion, but also dissented with regards to District 23, a seat currently held by Hispanic Republican Henry Bonilla.  Ward said that the new District 23 is illegal because it "trade offs" the minority votes in that district for those in the new and adjoining District 25.  According to Ward, such a trade off  is permitted under Section 5 (retrogression), but not Section 2 (minority vote dilution) of the Voting Rights Act, which was the only portion of the Act addressed by the three judge panel.  

Various political leaders had mixed reactions to today's ruling.

The Democratic plaintiffs and minority rights organizations have already vowed to directly appeal to the U.S. Supreme Court.  The U.S. Supreme Court is currently considering a case regarding partisan gerrymandering that could have a direct impact on the Texas case.   

A detailed analysis of the lengthy opinion is forthcoming.

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January 6, 2004
Monday 7:57:16 A.M. CST

WWJD?

No one has started selling bracelets with these initials at the Texas Capitol yet, but they represent the question that redistricting aficionados want answered:  "What Will the Judges Do?"

After almost a two week trial, the three judge panel appointed to hear voting rights challenges to the new congressional plan passed by the Texas Legislature has yet to rule on the merits of the claims raised in Walter Session, et al. v. Rick Perry, et al.   At the conclusion of the trial U.S. Fifth Circuit Judge Patrick Higginbotham hinted that an opinion would be issued by January 2nd at the earliest.  When that date passed, capitol insiders began speculating as to the fate of the new plan. On the one hand, some speculate that the delay was deliberate in order to allow the judges to write a thorough and cogent opinion upholding the map.  On the other hand, opponents of the new map see the delay as an indication that the three-judge panel will find that the new plan violates the Voting Rights Act and needs to be modified.

There are at least four possible scenarios that could unfold later this week.  

First, the panel could issue an opinion rejecting all challenges to the new map and order the new map to be implemented for the March 2004 primary and November 2004 General Election.

Second, the panel could find that the certain districts in the new map violate Section 2 of the Voting Rights Act and thus discriminate against minority voters.  If the court strikes down a portion of the map, the panel could defer to the Texas Legislature to make any modifications to correct the violations.  Under this scenario, Texas Governor Rick Perry would have to call another special session to correct the deficiencies.  Lieutenant Governor David Dewhurst has already indicated that he would not agree to another special session on redistricting.

Third, the panel could issue an opinion identifying certain districts that violate the Voting Rights Act and on its own make non-partisan and non-racial modifications to the new map.  The panel could preserve the new map as much as possible and correct the problem districts using the original court drawn plan as a model.  However, a court drawn makeover could produce unintended political consequences because of the ripple effect that could ensue.  Congressional districts must have equal population.  Any change to one district will affect several adjoining districts.

Fourth, the panel could find that the new map contains Voting Rights Act violations and order that the current plan be used for the March and November elections. Late last year, the panel issued an order advising the Secretary of State to prepare for the possibility of administering elections under the current court drawn plan or the new map.  The Secretary of State has already advised counties.  Interestingly, the panel has not issued an order regarding the possibility of administering elections under a new, modified, court drawn plan.  However, that could come when they issue their opinion this week

Whatever the result, an appeal to the U.S. Supreme Court is expected.

For more information, go to TexasRedistricting.com.

Stay tuned.     
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 DECEMBER 2003
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December 17, 2003
Wednesday 11:04:36 P.M. CST

Justice Department Receives Additional Information on New Congressional Map

According to a posting (bottom of page) on its own website, the U.S. Department of Justice received additional information regarding the new congressional plan, which is the subject of a current lawsuit in Austin, Texas.  The information was received on four separate days: December 8, 9, 10, 11.  The current trial began on December 11.

The U.S. Department of Justice is expected to issue a pre-clearance determination by Monday, December 22.  However, since additional information was recently received, the Department may request an additional 60 day extension to determine whether the new congressional plan as a whole violates Section 5 of the Voting Rights Act.

Stay tuned.   

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December 17, 2003
Wednesday 11:03:22 P.M. CST

Perry:  Additional Money Needed for Primary Elections

Texas Governor Rick Perry today announced that he, Lieutenant Governor David Dewhurst and House Speaker Tom Craddick will seek Legislative Budget Board (LBB) approval to provide additional funding for primary elections across the state.

"I appreciate the work of Lt. Gov. Dewhurst and Speaker Craddick, who recognize the need to ensure that primary elections are carried out efficiently, and that all Texans have access to polls," Perry said.

"We encourage the Secretary of State and party officials to continue to look for efficiencies and savings, but this money should ensure that polling places remain open," Dewhurst said.

Perry and legislative leaders intend to ask the LBB to approve up to $1 million. The money would come from savings identified by the governor in June through his line-item vetoes to the state budget. In addition, the LBB will be asked to grant the Secretary of State budget transfer authority to use $1.5 million identified in administrative savings and money set aside for future constitutional elections.

If approved, the $2.5 million would restore full funding at 2002 levels for the primaries plus fund increased pay the legislature authorized for election judges who attend Secretary of State training sessions.

During the regular legislative session, lawmakers reduced funding available for party primaries as a result of budget constraints.

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December 11, 2003
Thursday 9:23:13 A.M. CST

Texas Congressional Redistricting:  Summary of Key Issues

Later this morning, an army of lawyers for the proponents and opponents of mid-decade redistricting will square off in a federal courtroom to address the issues which have been raised in several lawsuits filed since the Texas Legislature approved a new congressional map.  In Walter Session, et al. v. Rick Perry, et al. a three judge federal panel will hear witness testimony and consider statistical evidence to determine if the new congressional map violates the rights of minority voters under the Voting Rights Act.  Specifically, the three-judge panel will determine if Section 2 of the Voting Rights Act has been violated.    

The following is a sample of key issues in this lawsuit:

Mid-Decade Congressional Redistricting

As a preliminary matter, Democratic Plaintiffs will likely argue to the three-judge panel that the new congressional map is unconstitutional and illegal because redistricting should only occur once every ten years.  Since the Texas Legislature failed to pass a congressional map in 2001, it missed its window of opportunity.  The Democratic Plaintiffs will rely on a recent decision from the Colorado Supreme Court which threw out a Republican dominated congressional map because the Colorado constitution only allows congressional redistricting to occur once every decade.   The Court specifically noted that it was relying on the Colorado constitution, not the U.S. Constitution, for its decision.

Proponents of the new map will likely argue that the Colorado decision is irrelevant because the Texas Constitution does not set a limit on how many times the Texas Legislature can redistrict.  They will point to an Attorney General's opinion that gives the Texas Legislature authority to redistrict should it chose to do so.   

Partisan Gerrymandering

Yesterday morning, one of the attorneys for the Democratic Plaintiffs argued before the U.S. Supreme Court that partisan gerrymandering in congressional redistricting is illegal because it violates the U.S. Constitution.  In Veith v. Jubelirer, 123 S.Ct. 2652 (2003), the U.S. Supreme Court will determine if the Pennsylvania congressional map violated the U.S. Constitution by being too partisan.  

The same arguments regarding partisan gerrymandering will likely be raised regarding the new Texas map.  The opponents of the map will point out that the main goal was to eliminate Democrats in order to maximize Republican representation in the congressional representation.

Proponents of the map will maintain that redistricting is an inherent political exercise and that partisan gerrymandering does not violate the U.S. Constitution.  They will point to a 1986 U.S. Supreme Court case which says that partisan gerrymandering is not illegal.  Until the U.S. Supreme Court says otherwise, the 1986 case is still good law.  

Racial Gerrymandering

The Democratic Plaintiffs will likely point out that the new congressional maps which stretch from Austin and Bastrop to the Lower Rio Grande Valley are illegal because race was a dominant factor in drawing those districts.  They will point to Districts 25 and 15, which, according to them, are not geographically compact and bizarre.  They will also likely point out that District 25 is over 75% minority, which is more than necessary for voters to elect the candidate of their choice.

Proponents will likely argue that race can be considered in drawing districts so long as it is not the dominant factor.  They will argue that the high percentage of minorities in District 25 is due to the existing populations in the counties comprising the district.  Furthermore, they will argue that politics, not race, was the driving force in shaping the new districts. Thus, the map is not illegal.

Section 2 of the Voting Rights Act

The crux of the Democratic Plaintiffs' lawsuit is that it violates Section 2 of the Voting Rights Act because the map has a discriminatory effect.  Unlike Section 5, which deals with voter retrogression, Section 2 deals with diluting minority votes. In other words, Section 2 looks at the "results" of the changes.   There are certain preconditions the Plaintiffs must meet in order for the three-judge panel to do a "totality of the circumstances" analysis.

Proponents will argue that the plan does not have a discriminatory effect and that the Plaintiffs cannot point out a Section 2 violation. Furthermore, they may point out that a similar challenge to the court drawn plan failed in 2001.   

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December 1, 2003
Monday 7:10:44 A.M. CST

Colorado Court to Decide Redistricting Case; May Affect Texas Battle

The Colorado Supreme Court is expected to announce today a long-awaited decision on whether mid-decade redistricting is unconstitutional.  

Colorado Democrats challenged a Republican congressional map which increased the number of congressional Republicans.  Republicans contend that the court drawn plan was temporary and thus the Colorado Legislature has the constitutional authority to draw a map.  The state constitution requires redistricting to be done once every decade.

Today's decision by the court may impact the current congressional redistricting battle in Texas.  Texas Democrats argue that redistricting should occur once a decade and thus the recent map passed by the Texas Legislature is illegal. Texas Republicans, on the other hand, maintain that the Texas Constitution requires the Texas Legislature to draw the congressional map.  In addition, the Texas Constitution does not specifically set a time limit on the number of times a legislature may redistrict.  Technically, the Texas Legislature may redistrict every month.

The decision issued by the court is likely to be appealed to the U.S. Supreme Court.

For more information, click here.

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 NOVEMBER 2003
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November 19, 2003
Wednesday 10:51:14 P.M. CST

Ratliff to Leave Texas Senate?

The San Antonio Express-News is reporting that Texas Senator Bill Ratliff plans to announce his resignation from the Texas Senate tomorrow.  Ratliff has scheduled a press conference at 10 a.m. in Mount Pleasant, Texas and at 1:30 p.m. in the Texas Senate Chamber to discuss his future political plans.

If Ratliff does resign, a special election will be held to replace him.

Stay tuned for more updates.

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November 13, 2003
Thursday 7:06:23 A.M. CST

Three Judge Panel:  Prepare for Two Congressional Maps

A three-judge panel hearing the redistricting lawsuit over the recently approved congressional map issued an order yesterday, which has been described as fair by all parties in the lawsuit.

The order allows candidates to file for Congress under the existing court-ordered plan.  However, if the new map currently being challenged becomes a legally enforceable plan, then candidates will have to file under the new districts.

The three-judge court ordered Secretary of State Geoffrey Connor to inform counties to prepare precinct lines for the new congressional plans, but also cautioned that counties should also be prepared to use the current existing lines just in case the new congressional plan is not a legal plan.

The State of Texas is awaiting a decision from the U.S. Department of Justice on whether the map will be pre-cleared under Section 5 of the Voting Rights Act.

A trial on the current consolidated lawsuits will be held on December 11, 2003 in Austin, Texas.

For more information, go to TexasRedistricting.com.

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 OCTOBER 2003
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October 31, 2003
Friday 5:56:13 A.M. CST

Redistricting Trial May Delay New Congressional Map

Mark your calendars.  

U.S. District Judge John Ward, one of the three judges appointed to hear challenges to the new redistricting plan in Marshall, Texas, has informed the lawyers in the case to be prepared to go to trial as early as December 8 in Austin, Texas.   A status conference on the case is scheduled for this upcoming Monday, November 3.

The date of the trial is significant and could impact the plans of congressional wannabes.

First, the date is almost a week after pre-filing is set to begin for the congressional primaries in March 2004.  Thus, a legally enforceable map must already be in place before pre-filing begins.  If the U.S. Justice Department does not grant Section 5 pre-clearance before pre-filing begins, there is no legally enforceable map. Pending legal challenges under Section 2 of the Voting Rights Act will also delay a final map. Democrats who have filed suit have asked the court to delay the implementation of the new map until after the March 2004 primaries since a legally, enforceable court-drawn plan is already in effect.

Second, the trial is scheduled to begin two days before the U.S. Supreme Court hears a key redistricting case on partisan gerrymandering.  Oral arguments in Veith v. Jubelirer, 123 S.Ct. 2652 (2003) are scheduled for December 10.  The Court's decision is expected in early Spring and could impact the final map the three-judge panel appointed in the current case may draw if they deem the new congressional map to be illegal. One of the attorneys who filed a motion in Tyler, Texas is expected to make the arguments to the U.S. Supreme Court.

Third, the length of the trial and the Christmas and New Year's holiday could also cause further delay.  If the first congressional trial held on October 22, 2001 is a good indicator, it could take the three-judge panel almost 23 days to have a trial and issue an order in the case.  In that case, the three-judge panel issued its decision on November 14, 2001, more than two weeks before pre-filing began for the congressional primaries.  Thus, a court-drawn plan was already in place before any pre-filing activity. Because the current map was court-drawn, Section 5 pre-clearance was not necessary.   

If  the trial on the current lawsuits begins on December 8 and it takes as long as the first trial, the court may not issue its opinion and order until after January 1, 2004.  Pre-filing is scheduled to conclude in mid-January, unless there is a court order extending the pre-filing deadline.  

For further information, go to TexasRedistricting.com.

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October 15, 2003
Wednesday 7:08:46 A.M. CST

Democrats Choose East Texas to Challenge Redistricting Map

As expected, Texas Democrats have fired their first legal salvo in Tyler, Texas to prevent the implementation of the recently enacted congressional map (Plan 1374C).

On Sunday evening, lawyers for some of the original Plaintiffs in the consolidated lawsuit, Simon Balderas, et al. v. State of Texas, et al, filed a motion with the same court that drew that the current, legal plan. Unlike a lawsuit which lists new claims and seeks affirmative relief, a motion is a request to a court to act on a particular matter.  

In their 42 page filing, "Motion to Prohibit Modification or Termination of Injunction," the Democratic lawyers ask the court to prohibit the use of the new congressional plan until the Defendants get an order from the court lifting its 2001 injunction requiring the use of the current, legal map in congressional elections.  They also ask the court  to establish an "orderly process" for making such a modification to the injunction. To support their motion, the lawyers make the following four points:

First, an injunction requiring the use of the current map already exists and Defendants must comply with the Federal Rules of Civil Procedure to lift or modify the injunction and implement the new plan;

Second, if a motion to modify or lift the injunction is filed, the court must determine the legality of the new map and also consider the benefit to the public interest in disrupting planned elections;

Third, the new map violates federal law; and

Fourth, there is little time for the court to consider the complex questions raised in the motion before the beginning of the 2004 election cycle.

The Democratic lawyers are asking the court to leave the current, legal map in place for the 2004 election cycle. Such a request would of course contradict the intent of Texas Republicans which is to use the recently enacted map in the March 2004 congressional primaries.  The Democratic lawyers point out that the new plan has not been pre-cleared by the U.S. Justice Department and may not be "ripe" for pre-clearance consideration until mid-January, long after pre-filing for the primaries begin.  The map signed into law by Texas Governor Rick Perry goes into effect in 90 days.  To support their position, they point out a 1991 Texas redistricting case in which the court noted that the pre-clearance process may not begin until the 91st day.  The U.S. Department of Justice may provide some clarification on this matter.

It is interesting to note that one of the lawyers who filed the motion will be arguing before the U.S. Supreme Court on December 10, 2003 in a case involving Pennsylvania's 2002 congressional redistricting plan.  In Veith v. Jubelirer, 123 S.Ct. 2652 (2003), the court will determine whether the Pennsylvania plan was an unconstitutional partisan gerrymander.  The ruling by the U.S. Supreme Court will have a direct impact on the new Texas map since the goal was to replace Democrats with more Republicans.  A decision by the court is expected early next year.   

For further information, go to TexasRedistricting.com.

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October 14, 2003
Tuesday 7:27:12 A.M. CST

Redistricting Battle Shifts to DOJ, Courts

The first phase in the redistricting battle is finished.

Yesterday, Texas Governor Rick Perry signed into law the redistricting bill that is expected to give Texas Republicans up to 22 seats in the 32 member congressional delegation.  The bill is effective in 90 days, if it receives Section 5 pre-clearance by the U.S. Justice Department or the U.S. District Court for the District of Columbia.  Pre-clearance of the map is required because of Texas' history of discrimination against minority voters.  

Texas may obtain pre-clearance in two ways.  The State may chose the administrative route and submit all the required documentation to the U.S. Department of Justice.  Career employees, and not political appointees, will then review the documentation to determine if the map has a retrogressive intent or effect on minority voters.  The Department has 60 days in which to interpose an objection to a request for Section 5 pre-clearance.  However, the 60 day deadline may be extended for an additional 60 days, if the Department requests additional information before the expiration of the first 60 day period.  Thus, pre-clearance from the Department may take up to 120 days.  Because the current map was court drawn and did not require Section 5 pre-clearance, the Department may take longer than 60 days to perform its analysis.  Georgia v. Ashcroft, a recent U.S. Supreme Court decision which clarified retrogressive standards, may also result in a longer evaluation period. The Texas congressional map will be the first test case in which the Department applies the principles enunciated in the Court's opinion. The map must be pre-cleared before filing begins for the March primaries.  If the map is not pre-cleared, private parties can seek an injunction in federal court to prevent its use.

In the alternative, the State may sue the U.S. Department of Justice and seek a declaratory judgment in the U.S. District Court for the District of Columbia. In this case, a three-judge panel will determine whether the map complies with Section 5 of the Voting Rights Act.  This option is costly and may not be used.      

Even if a map is pre-cleared under Section 5, private and interested parties may still sue under Section 2 of the Voting Rights Act, which is applicable nationwide and not only to covered jurisdictions such as Texas.  The legal analysis under Section 2 is different than Section 5.  Under Section 2, a federal court will look at the "results" of the map and whether it limits the electoral franchise of minority voters.  Maps that have been pre-cleared under Section 5 can still be struck down under Section 2. The recent decision in Georgia v. Ashcroft will also play a key role in the Court's Section 2 analysis.

The pre-clearance process is suppose to be apolitical.  However, redistricting by its very nature is extremely political. Even though some opponents of redistricting believe that administrative pre-clearance of the congressional map is assured because of the influence of outside interests, this is not necessarily true.  During the 2001 redistricting cycle, the Department denied pre-clearance to the map of the Texas House of Representatives because it violated the rights of minority voters in South Texas.    The map was denied pre-clearance even after lawmakers and legal scholars publicly proclaimed that it would be pre-cleared.

For more information on the pre-clearance process, go to the Legal Section in TexasRedistricting.com.

Stay tuned.

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October 8, 2003
Wednesday 8:58:45 P.M. CST

It's Coming:  "Agreement in Principle" May Lead to Final Map

Earlier today, House and Senate leaders agreed in principle on the contours of the final congressional map that is likely to be unveiled tomorrow, October 9.

"It is my hope that we can have a final map that we can show you tomorrow morning," Lieutenant Governor David Dewhurst told the Fort Worth Star Telegram.

Some final details still need to be worked out, but the map should create 6 or 7 opportunity districts for Texas Republicans.

The final map will be available for viewing at TexasRedistricting.com.

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October 7, 2003
Tuesday 12:00:03 A.M. CST

Redistricting Deal Remains Elusive

As the October 14th deadline for the Third Called Special Session approaches, House and Senate conferees are still at odds on how to draw a congressional map that reflects the voting trends of the state.  U.S. House Majority Leader Tom Delay (R-Sugarland) was in Austin today to mediate the dispute between the competing camps, but no final decision has been reached.

"There is still no deal," Senator Todd Staples (R-Palestine) told the Houston Chronicle.  Staples and Senator Robert Duncan (R-Lubbock) are the lead negotiators for the Texas Senate.

The dispute still lies in West Texas, an area that once dominated Texas politics.  Texas House Speaker Tom Craddick (R-Midland) wants a district based in Midland to represent the oil and gas interests in Congress. While concessions have been made, a Midland district agreeable to all parties remains elusive.

The dispute over West Texas has irritated at least one member of the Texas Senate.

"There is frustration out there with our constituents that we're bogged down with redistricting," Senator Kim Brimer (R-Fort Worth) told the Fort Worth Star-Telegram.  "I'm frustrated, too. I wish these guys from West Texas would quit thinking they run the whole state. It's time to do what's best for Texas."

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October 6, 2003
Monday 7:44:56 A.M. CST

Deadline Passes, No Map

The "drop dead date" set by Texas Governor Rick Perry to approve a redistricting map in time for the March 2 primaries has passed.  GOP House and Senate negotiators failed to agree on a final map that would increase the number of Republican congressional seats.  Though progress was reported earlier, West Texas continues to be a point of contention.

A new date for the congressional primaries has yet to be determined, but it must be pre-cleared by the U.S. Justice Department to assure that minority voting rights are not impacted.

Stay tuned.

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October 3, 2003
Friday 5:41:20 A.M. CST

Midland or Bust!

Negotiations on a congressional redistricting map continue between the Texas Senate and Texas House.  However, how to draw West Texas continues to be a sticking point.

Texas House Speaker Tom Craddick (R-Midland) continues to demand that a new congressional district be based in Midland, Texas.  Earlier this week, Texas Senators Robert Duncan (R-Lubbock) and Todd Staples (R-Palestine) offered a compromise map on West Texas that was acceptable to their Senate colleagues.  The proposal, however, was not acceptable to the House Speaker because it did not give Midland an open seat.  Instead, Midland was placed in a district with U.S. Representative Charles Stenholm, a Blue Dog Democrat admired by West Texas Republicans.

The tensions over redistricting became visible yesterday when Lieutenant Governor David Dewhurst accused House Speaker Tom Craddick of negotiating like an "Iranian cabdriver" because of last minute demands.  In addition to Midland, Craddick wants to draw a district in North Texas that State Representative Kenny Marchant (R-Carollton) can win.

"At this late hour, I think we need to come together on a map ... and stop playing the Iranian cabdriver negotiations, where you get what you want and then you start adding two or three other requests," Dewhurst said.

Despite the dueling public appearances, there is speculation that a final map may be produced by this weekend. The Texas House of Representatives is set to convene at 2 p.m. on Sunday in case there is an agreement.

If no map is produced before the beginning of next week, the March 2 primary date may have to be moved back in order to allow the new congressional map to be pre-cleared by the U.S. Justice Department.

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 SEPTEMBER 2003
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September 26, 2003
Friday 8:57:24 A.M. CST

The Real Map, Please!

To capitol insiders, the conference committee is the heart of the sausage-making process in the Texas Legislature.  It is the place to reconcile differences between the House and Senate versions of a particular bill using the art of compromise. For some lobbyists, however, it is the place where special interest ingredients are added to get just the right flavor. For others, it is a legislative black hole where good ideas vanish into oblivion. In short, the conference committee is where Texas law is really made.

At this time, there is no congressional redistricting bill.

8 Republicans and 2 Democrats have been charged with the task of producing a compromise on a map that does not violate the Voting Rights Act and accomplishes the goal of more Republican representation in Congress. Representatives Phil King (R-Weatherford), Joe Crabb (R-Atascosita), Kent Grusendorf (R-Arlington), Peggy Hamric (R-Houston), and Ron Wilson (D-Houston) were appointed by Texas House Speaker Tom Craddick.  Lieutenant Governor  David Dewhurst appointed Senators Todd Staples (R-Palestine), Robert Duncan (R-Lubbock), Juan "Chuy" Hinojosa (D-McAllen), Jane Nelson (R-Lewisville), and Jon Lindsay (R-Houston).  The committee members will meet soon, but their deliberations are not subject to public scrutiny.

Drawing the final congressional redistricting map will not be easy.  Speaker Tom Craddick and Senator Robert Duncan have not resolved their differences regarding how to draw West Texas.  Craddick wants an open congressional seat with Midland as its base.  Duncan wants to keep Midland in the same district as Lubbock.  Furthermore, a last minute amendment to the Senate map splitting Webb County and Laredo, Texas could be the Achilles Heel of the entire map.  It may dilute minority voting strength and split communities of interest.

If a compromise is reached, the committee will produce a conference committee report that must be approved by a majority of the committee members. The Texas House of Representatives and the Texas Senate must also give its blessings.  If there is no compromise, a fourth called special session may be in order to produce a map in time for next year's primary elections.

For further information, go to TexasRedistricting.com.

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September 21, 2003
Sunday 10:21:14 P.M. CST

West Texas: A Difference of Opinion

As the Third Called Special Session enters its second week, the fate of congressional redistricting lies on what happens to the districts in West Texas.  House Speaker Tom Craddick (R-Midland) and Texas Senator Robert Duncan (R-Lubbock) have publicly voiced their differences on how West Texas districts should be reconfigured.  The differences have raised such a concern that U.S. Majority Leader Tom Delay (R-Sugarland) has attempted to broker a deal, but to no avail.   

Currently, Midland and Lubbock are in the same congressional district. Craddick wants a new congressional seat that someone from Midland can win and represent.  The map recently passed by the Texas House of Representatives, which is dead on arrival in the Texas Senate, creates an open seat based in Midland.  In order to achieve the open seat, the recently elected congressman from Lubbock, U.S. Representative Randy Neugebauer (R-Lubbock), was paired with Democrat Charles Stenholm (D-Stamford), a ranking member of the House Agriculture Committee.  Stenholm, a Blue Dog Democrat, is popular among West Texas Republicans.   

Duncan, chairman of the Senate Jurisprudence Committee, opposes Craddick's proposal.  The map passed by his committee last week keeps Midland and Lubbock  in one district.   When the map was passed, Duncan made his position crystal clear.

"He's got to decide whether he wants to have redistricting. Are we going to have redistricting (or) are we going to have Midland?" asked Duncan. "Is this about Texas or is this about Midland?"

Unless the differences can be reconciled in a conference committee, another special session may have to be called.

"From what I hear, one of them is going to have to lose that battle and there is precious little middle ground," Senator Bill Ratliff (R-Mt. Pleasant) told the Associated Press. "That would be the greatest tragedy of all, if we've all gone through this and we get to a conference committee and the Republicans can't even agree on a map."

For further information, go to TexasRedistricting.com.

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September 21, 2003
Sunday 9:56:45 P.M. CST

"Fair and Balanced" Redistricting Map:  Will Fox News Sue the Texas Senate?

Last week, the Texas Senate Jurisprudence Committee passed a congressional redistricting map that was described by its author, Senator Todd Staples (R-Palestine), as "fair and balanced".  

Recently, the Fox News Network, which trademarked the phrase "fair and balanced" in 1998, took legal action to prevent the dilution of its famous mark.  It is not clear what action the Fox News Network plans to take, if any, to prevent the Texas Senate from using the phrase to describe any new congressional redistricting map.

Stay tuned.  

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September 18, 2003
Thursday 1:58:10 P.M. CST

Texas 11 Get Probation

On a 13-10 vote, the Texas Senate agreed to lift the $57,000 fines levied against the Texas 11 who fled to Albuquerque, New Mexico.  Parking, supply, and other office privileges were also restored under the proposal by Texas Senator Kyle Janek (R-Houston).

However, all eleven Democratic Senators were placed on probation until January 2005.  If they bust another quorum or are absent for more than 72 hours without an excuse, the sanctions would be reimposed.

Prior to today's vote, the Texas 11 had contended that the fines were unenforceable because they were assessed without a quorum.

"The matter is behind us," Lieutenant Governor David Dewhurst said after today's vote.

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September 13, 2003
Saturday 3:40:33 P.M. CST

Constitutional Amendments Results

To view the results of the 22 proposed constitutional amendments, click here.

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September 13, 2003
Saturday 3:39:28 P.M. CST

Texas Eleven Minus One Lose Court Battle

A three-judge court has dismissed all of the claims filed by the Texas Eleven Minus One.  The Texas Senate Democrats had hoped to stall the congressional redistricting process.  A Third Called Special Session is scheduled to begin on Monday, September 15 at 12 noon.

To view the memorandum and order, click here.

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September 9, 2003
Tuesday 8:59:13 P.M. CST

Perry Calls Third Special Session on Redistricting

September 15, 2003, 12 Noon, Texas Capitol

On the eve of the return of the Texas Eleven Minus One to the Lone Star State, Texas Governor Rick Perry issued a proclamation earlier today calling the Texas Legislature back to Austin for a Third Called Special Session to begin on September 15, 2003 at 12 noon.  Unlike the Second Called Special Session proclamation which initially included only congressional redistricting, the Third Called Special Session proclamations contains the following eight topics:

To consider legislation relating to congressional redistricting.

To consider legislation relating to state fiscal management, including adjustments to certain school district fiscal matters made necessary by recent changes in state fiscal management; making related appropriations.

To consider legislation relating to the dates of certain elections, the procedures for canvassing the ballots for an election, and the counting of certain ballots voted by mail.

To consider legislation modifying the filing period and related election dates for the primary elections in Texas.

To consider legislation relating to the financing, construction, improvement, maintenance, and operation of toll facilities by the Texas Department of Transportation and the disposition of money generated by the driver responsibility program, fines imposed for certain traffic offenses, and certain fees collected by the Department of Public Safety of the State of Texas; making an appropriation.

To consider legislation relating to the reorganization of, efficiency in, and other reform measures applying to state government.
To consider legislation appropriating fees established by legislation from the 78th Regular Session of the Texas Legislature that remain unappropriated. This matter shall be strictly construed to only include fees that were established during that session of the legislature.

Legislation relating to making an appropriation for the purpose of returning to a fund outside of the state treasury cash that was transferred from the fund to the general revenue fund.

If there is a quorum, the Third Called Special Session will convene after a three-judge court rules on the lawsuit filed by the Texas 11 Minus One (September 11) and after Texans cast their votes on the 22 constitutional amendments (September 13).  Proposition 12, an amendment to limit non-economic damages in all lawsuits, has generated the most controversy.  According to recent financial reports over $13 million has been raised by supporters and opponents of the amendments.

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September 9, 2003
Tuesday 8:29:13 A.M. CST

Texas 11 Minus One Returning to Texas

After spending several weeks in the Land of Enchantment, the ten remaining Texas Senators have decided to return to the Friendly State to attend a court hearing on September 11th in Laredo, Texas.  They don't have plans to return to Albuquerque, New Mexico after the hearing.

To read the story, click here.

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September 7, 2003
Sunday 10:37:43 P.M. CST

Bush Speaks on Campaign Against Terrorism

President George W. Bush briefed the nation earlier tonight on the war on terror.  He said that he will ask the U.S. Congress for an additional $87 billion to help rebuild Iraq.  He also indicated that he will ask the United Nations for monetary and military assistance.  France and Germany, who opposed military intervention in Iraq, have not made a commitment to assist the United States.  

The complete text of his speech is featured in the Capitol Spotlight.

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September 3, 2003
Wednesday 11:20:11 P.M. CST

Court to Decide Redistricting Claims on September 11th

The three-judge court appointed to hear the Voting Rights Act claims of the "Texas 11 minus One" will be holding a hearing in Laredo, Texas  at 1 p.m. on September 11th, the second anniversary of the worst terrorist attack in American history.  The "Texas 11 minus One" had asked a federal court for a temporary restraining order and a preliminary injunction.  All pending motions will be considered.

Last month, a three-judge court was appointed at the request of U.S. District Judge George Kazen.

The following members comprise the three-judge court:

Patrick E. Higginbotham
Circuit Judge
United States Court of Appeals for the Fifth Circuit

George Kazen
District Judge
U.S. Southern District of Texas

Lee H. Rosenthal
District Judge
U.S. Southern District of Texas

The timing of the hearing is significant.  

If all the motions filed by the "Texas 11 minus One" are denied, Texas Governor Rick Perry may call a third special session on redistricting soon thereafter.  Perry has indicated that he will call a special session at the "appropriate time".  The "appropriate time" to call a special session may be on September 14th, the day after Texans vote on 22 constitutional amendments.  Perry has been highly supportive of Proposition 12, a measure intended to give the Texas Legislature the power to limit non-economic damages in lawsuits.  By not calling a session before voters cast their vote on September 13th, the media attention will be focused on all the amendments, including Proposition 12.  A victory for Perry on Proposition 12 will increase his resolve to carry out the will of the majority in Texas on various issues, including congressional redistricting.

On the other hand, if the three-judge court grants a temporary restraining order or a preliminary injunction, congressional redistricting may be significantly delayed.

In order to allay fears that the Republican leadership may set a "political trap," the three-judge court may issue a narrow order allowing members of the "Texas 11 minus One" to attend the hearing without the fear of being arrested by the Senate Sergeant-at-Arms, Carleton Turner, if a third special session is called on or before September 11th.

Developing.....

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September 3, 2003
Wednesday 9:28:46 P.M. CST

Strayhorn Touts New Budget Numbers

Texas Comptroller Carole Keeton Strayhorn said today that state general revenue funds finished the 2003 fiscal year a scant $89.3 million ahead of her estimate, but added she was pleased to announce the state's Rainy Day Fund would be boosted. The state's fiscal year ended August 31st.

"While there were those during the legislative session that were skeptical of our numbers, I am proud that once again, the experts in this agency were right on target," Strayhorn said.

"Last September, when fiscal 2002 revenues exceeded our forecast by a mere $32.9 million, I proudly reported the most accurate revenue estimate in Texas history. Our fiscal 2003 forecast again proved extraordinarily accurate at 100.3 percent of estimate, finishing about $89 million over our projection of $28.3 billion for the fiscal year," Strayhorn said.

Additionally, Strayhorn reported that $352.6 million will be deposited into the state's Economic Stabilization Fund (Rainy Day Fund) by November 29 -- a $217.9 million increase over what was estimated. She said any celebrations should be tempered by the fact that the Legislature will tap the Rainy Day Fund for another $111 million during the 2005 fiscal year.

"I have always said that conservative fiscal policies have served our state well in the past, and are the best bet for the future. Draining the Rainy Day Fund is not good policy. We should be working to build the balance in the Rainy Day Fund to at least $3 billion," Strayhorn said. "Thankfully, deposits into the Rainy Day Fund are ahead of our early estimates."

Comptroller Strayhorn again issued a warning about the state's disappointing sales tax receipts.

"When the sales tax catches a cold, our state gets pneumonia. Business investment is still down, and the result is that sales tax receipts fell 2.1 percent compared to forecast, or $307.6 million, for the fiscal year," Strayhorn said. "This led to an unprecedented two-year decline in the state's most important revenue source. Without the growth we saw in natural gas severance and insurance premium tax receipts, our state's financial picture would be bleak."

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September 3, 2003
Wednesday 9:23:12 P.M. CST

Former Texas Governor Involved in Accident

Former Texas Governor Preston Smith (1969-1973) is in satisfactory condition after being involved in a car accident in Lubbock, Texas.

Preston, 91, is a special assistant to the chancellor at Texas Tech University.

Preston crashed his 1999 Lexus into a light pole after being temporarily blinded by sunlight.

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September 3, 2003
Wednesday 9:18:54 P.M. CST

Moveon.org Blames Bush for Texas Redistricting Mess


Moveon.org, a grassroots organization that raised over $1 million to help the newly named "Texas 11 minus One" fight congressional redistricting, has launched a press campaign blaming President George Bush for the political stalemate in Texas. The group plans to launch ads in states with a high concentration of minority voters to criticize the Republican redistricting effort.

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September 2, 2003
Tuesday 9:23:16 P.M. CST

And Then There Were 10

The Texas 11 is history.

Texas Senator John Whitmire (D-Houston), the Dean of the Texas Senate, left Albuquerque, New Mexico today after conferring with his Democratic colleagues.  Whitmire had been in Houston during the Labor Day weekend and decided to return to Texas after meeting with constituents.

"After being in my district for five days, I have concluded my constituents are opposed to redistricting, but they also believe the fight should be on the Senate floor," Whitmire said.

If Texas Governor Rick Perry calls a third special session at the appropriate time, the Texas Senate would have a quorum with Whitmire present.  Congressional redistricting could then be considered without the absent ten Democrats.

The remaining Texas 10 were not happy with Whitmire's decision.

"There were varying degrees of disappointment is all I can say," Whitmire told the Houston Chronicle.  

"The bottom line is that, redistricting is real important but there are other equally important issues such as allowing the Senate to function as it always has where people respect each others opinions. That is not the current situation. It's my job and my responsibility as dean of the Senate to attempt to restore some civility to the Senate and that's why I think we need closure to this matter," said Whitmire.
The Texas 10 have vowed to keep all their options open. A three-judge court is scheduled to hear the Voting Rights Act claims of the former Texas 11 in the near future.

Stay tuned for further developments.

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September 2, 2003
Tuesday 9:20:33 P.M. CST

Abbott Awards Crime Assistance Grants

Texas Attorney General Greg Abbott today announced $28 million in assistance grants to 278 public and non-profit organizations in Texas to help individuals and families who have been the victims of violent crime.

"There is nothing we can do to completely erase the pain that violent crime inflicts," said Attorney General Abbott, "but these funds and the victims service organizations who receive them will help create a bridge to full recovery and healing in communities throughout Texas."

The grants were made through the Attorney General's Crime Victims Services (CVS) Division following a formal application and review process and will be utilized for services such as grief counseling, shelters for battered women and advocate for victims of child or elder abuse. The funding was approved by the 2003 Legislature and is provided through the state Crime Victims Compensation Fund, which is managed by the Office of the Attorney General.

Attorney General Abbott personally asked the Legislature to maintain the victims grant program, noting that the fund puts millions of dollars into local community programs, where it makes a direct difference in the lives of Texas victims and their families.

During today's announcement, Attorney General Greg Abbott was joined by members of three of the organizations that received grants, representing the diversity of grant recipients throughout Texas. Among them were Susan and Don Cox, who founded "For the Love of Christi" after their daughter was killed by a drunk driver in 1987. Also attending were representatives of The Political Asylum Project of Austin, which helps immigrant survivors of domestic violence, and SafePlace Austin, a shelter providing services for victims of domestic violence.

"The organizations standing with me today represent the kind of grassroots support that can help victims of crime wherever their needs may be. Their stories should inspire and motivate all Texans to help make a difference the lives of their neighbors. We owe them a debt of gratitude."

For additional information on resources available in their area, victims and their families can contact the Attorney General's Crime Victims Services Division at 1-800-983-9933 or online at www.oag.state.tx.us.

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September 2, 2003
Tuesday 9:18:46 P.M. CST

Adams Appointed to Texas Workforce Investment Council

Texas Governor Rick Perry today announced the appointment of Edward B. Adams of Austin to the Texas Workforce Investment Council, formerly known as the Texas Council on Workforce and Economic Competitiveness, for a term to expire Feb. 1, 2009.

The council promotes the development of an educated and skilled workforce and advocates for an integrated workforce development system to address the needs of businesses and workers in Texas.

Adams is the owner of E.B. Adams & Associates, a community relations and public affairs consulting firm. Before opening his own business, Adams spent 20 years as a manger with IBM Corp. He is chair of the North Austin Medical Center and treasurer for Citizens for Central Texas Health. He received his bachelor’s degree from New York University and his master’s degree from Stanford University.

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 AUGUST 2003
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August 28, 2003
Thursday 8:09:26 P.M. CST

GOP Questions Football Loyalty

Four days ago, MyCapitol.com posed the question, "Who Will the Texas 11 Support?".  Today, the Texas Republican Party issued a press release questioning the football loyalty of the exiled Senate Democrats.

The release is printed in its entirety as a courtesy to readers of The Lege:  

Conflicting loyalty: Will Democrats root for Texas or New Mexico on Sunday?

Texas Democrats holed up in a New Mexico hotel find themselves in another conundrum this weekend as the University of Texas Longhorns square off with the New Mexico State Aggies on Sunday at Royal-Texas Memorial Stadium in Austin.

Will the Democrats be rooting for their old home team or their new home team?

“The Democrats have spent so much time shirking their responsibility in New Mexico that it will be interesting to see which team they consider their home team,” said Texas GOP Chairman Susan Weddington.

Texas leads the series 3-0 and is currently favored to win by 29 points.

“The odds on New Mexico winning this game are about the same as Democrats winning the redistricting battle,” said Weddington. “But unlike the Democrats, I'm sure the New Mexico players will responsibly show up for the game, do their jobs and give their best effort.”

“Regardless of the outcome, fans of both teams can rest assured that there will be far fewer delay of game and unsportsmanlike conduct penalties on Sunday than the Democrats have incurred over the past few months,” said Weddington. “Plus, I doubt that one of the teams will get mad and walk off the field.”

Weddington also challenged the Albuquerque 11 to accept a friendly wager. If Texas wins, the Democrats must come home and get back to work. If New Mexico wins, the Democrats can vacate their offices and stay in Albuquerque.

Weddington had planned to offer Sen. John Whitmire a free ticket to Sunday's game, but canceled those plans when she learned that Sen. Leticia Van de Putte would not let him attend.

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August 28, 2003
Thursday 8:03:37 P.M. CST

Is There a Republican Mole?

The Texas 11 have always been one step ahead of the redistricting game.

To find out why, click here.

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August 28, 2003
Thursday 7:56:12 P.M. CST

Grant to Help Fort Hood Spouses

Texas Governor Rick Perry today said a $6.8 million emergency grant from the U.S. Department of Labor will help hundreds of military spouses and civilian workers at Fort Hood find new jobs.

“We want to assure the men and women who serve our nation that we will work to protect their families at home,” Perry said. “This emergency funding will help military spouses obtain the skills and training necessary to land the jobs that are in demand.”

The grant to the Central Texas Workforce will help provide outreach, assessment and training services for 663 military spouses and 200 civilian Department of Defense personnel who qualify as dislocated workers. The grant also will cover support services, including child care and transportation. It will emphasize training in occupations in high demand, such as computer technicians, accountants, electricians and health care professionals.

The grant was awarded from U.S. Secretary of Labor Elaine L. Chao’s discretionary fund and includes an initial amount of $1 million that will be sent to the workforce center immediately.

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August 28, 2003
Thursday 7:49:10 P.M. CST

Health Services Focus of New Federal Grant

Texas Governor Rick Perry today announced that Texas has been awarded almost $3.9 million in federal grants to expand health care services to low-income and uninsured Texans.

“These new federally qualified heath centers will bring better health care to rural Texas while relieving the burden on our urban emergency centers,” Perry said. “And we expect even more good news in the future. During the legislative session we worked hard to ensure that Texas is well positioned to attract even more federal funding for these centers.”

Increasing the number of federally qualified health centers in Texas is a key component of the governor’s health care plan. The state budget for the next biennium, which takes effect Sept. 1, includes new funding to help tap into anticipated increases in federal funding for the centers.

“This is exciting news for the people in these communities and a tremendous boost to improving their access to primary and preventive health care,” said Texas Commissioner of Health Eduardo Sanchez.

The awards from the U.S. Department of Health and Human Services include $3 million to establish six new federally qualified health centers that will provide comprehensive primary health care services for low-income people, including many without health insurance. The new centers are expected to provide heath care services to more than 42,000 Texans each year.

The federal grants for new Texas health centers include:

$565,750 to HEALTH, Inc., for a clinic in Beeville.
$555,884 to Community Action Corporation of South Texas for a clinic in Alice.
$554,125 to Lone Star Community Health Center for a clinic in Conroe.
$554,125 to El Centro de Corazon for a clinic in Houston.
$541,667 to Community Health Center of Lubbock for a clinic in Lubbock.
$300,000 to Cactus Health Services, Inc., for a clinic in Sanderson.

Four Texas health care centers were awarded grants to add or expand oral health services. Centro San Vicente in El Paso and Nuestra Clinica del Valle in Pharr each will receive $200,000 to begin providing oral health services. Barrio Comprehensive Family Health Care in San Antonio and Community Health Development, Inc., in Uvalde each will receive $100,000 to expand dental services.

Five Texas health care centers were awarded health disparities collaborative grants to improve outreach efforts and promote preventive care. The five Texas sites, which each will receive $40,000 grants, are Su Clinica Familiar in Harlingen, Community Health Center of Lubbock, South Plains Provider Organization in Plainview, El Centro del Barrio in San Antonio and Community Health Development in San Antonio.

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August 28, 2003
Thursday 7:45:48 P.M. CST

Olvera Appointed to Texas Lottery Commission

Texas Governor Rick Perry today announced the appointment of Rolando Olvera, Jr., of Brownsville to the Texas Lottery Commission for a term to expire Feb. 1, 2007. The commission oversees the Texas Lottery and ensures that lottery and bingo games are conducted in a legal and fair manner.

Olvera is a former state district judge and currently is a sole practitioner in a Brownsville law firm. He is member of the State Bar of Texas, the Hidalgo County Bar Association and the Cameron County Bar Association, and he is a fellow with the Texas Bar Foundation. His volunteer activities include serving as the director and vice president of the Children’s Museum of Brownsville, a director of the United Way “Success by Six” program, and a director of the St. Joseph Academy Alumni Golf Tournament.

Olvera earned his bachelor’s degree from Harvard University and his law degree from the University of Texas School of Law.

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August 28, 2003
Thursday 7:40:16 P.M. CST

Fletcher Appointed District Judge

Texas Governor Rick Perry today announced the appointment of Pamela Foster Fletcher of Palestine to serve as judge of the 349th Judicial District Court, which covers Anderson and Houston counties.

Fletcher was appointed to a term that will run until the 2004 general election, when she can opt to run for a full term.

Fletcher is a partner in the law firm of Fletcher & Fletcher. She also has served as an assistant district attorney in both Anderson and Houston counties. Fletcher is a member of the State Bar of Texas and the Arkansas Bar Association. She is a past president of the Museum for East Texas Culture and a volunteer with the Palestine Junior Service League. Fletcher earned a bachelor’s degree from the University of Texas and a law degree from the University of Arkansas School of Law.

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August 28, 2003
Thursday 7:36:15 P.M. CST

Spurs Owner Appointed to Wildlife Commission

Texas Governor Rick Perry announced the appointment of Peter M. Holt of Blanco to the Texas Parks and Wildlife Commission for a term to expire Feb. 1, 2005. The commission oversees the Texas Department of Parks and Wildlife.

Holt is the owner and chief executive officer of Holt CAT, the largest Caterpillar distributorship in the nation, and principal owner and chairman of the NBA Champion San Antonio Spurs. He has been active in promoting business and cultural relationships between Mexico and Texas and is a member of the World Presidents’ Organization. He is a trustee of the Palmer Drug Abuse Program in Corpus Christi and serves on the boards of the San Antonio Economic Development Foundation, Free Trade Alliance of San Antonio and the San Antonio Council on Alcohol and Drug Abuse. He also is board chair for Saint Mary’s Hall and serves on the development board of the University of Texas Health Science Center at San Antonio, The Trust Co., the Texas State Aquarium and Trinity University. He remains active in the San Antonio United Way, where he is a former chair.

Holt served in the U.S. Army during the Vietnam War, where he earned a Silver Star, three Bronze Stars with Valor and a Purple Heart. He attended the University of Texas at Austin and the University of Texas at San Antonio.

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August 28, 2003
Thursday 1:02:18 A.M. CST

Three Judge Court Assigned to Hear Texas 11 Lawsuit

Pursuant to the provisions of the Voting Rights Act, Carolyn Dineen King, Chief Judge of the United States Court of Appeals for the Fifth Circuit, issued an order yesterday assigning  the following judges to serve on the three judge court that will resolve the claims in the lawsuit filed in Laredo, Texas:

Patrick E. Higginbotham
Circuit Judge
United States Court of Appeals for the Fifth Circuit

George Kazen
District Judge
U.S. Southern District of Texas

Lee H. Rosenthal
District Judge
U.S. Southern District of Texas

Higginbotham and Rosenthal were nominated for federal judgeships by Republican presidents.  Kazen was nominated by President Jimmy Carter.

Higginbotham, a Republican nominee, was on the three judge court that drew the current congressional map in 2001, which the Republican leadership now wants to invalidate.  The current map gives Democrats a 17-15 majority in the Texas congressional delegation.  

The panel that drew the current congressional map in 2001 also had two judges nominated by Republican presidents and one nominated by a Democrat.

The per curiam opinion issued by the three judge court in 2001 can be found in the Legal Section at Texas Redistricting.com.

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August 28, 2003
Thursday 12:38:39 A.M. CST

Whitmire:  Texas 11 Still Unified

After the Associated Press reported a story (see below) that Texas Senator John Whitmire (D-Houston) was frustrated and may return to Texas, he issued a statement:

"There is no split in our solidarity," he said.

Thus, the waiting game continues in New Mexico.

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August 27, 2003
Wednesday 10:58:36 P.M. CST

Will the Texas 11 Become the Texas 10?

To find out, click here.

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August 27, 2003
Wednesday 10:54:07 P.M. CST

Craddick Critical of Strayhorn's Budget Comments

Texas House Speaker Tom Craddick issued the following statement criticizing Comptroller Carole Keeton Strayhorn's comments on the new fees Texans will begin to pay on September 1, 2003:

"Comptroller Strayhorn's comments Wednesday continue a pattern of misguided messages that seem intended more to stir up trouble than to increase public confidence in state government.

Last year, throughout her campaign for re-election, the comptroller insisted that the revenue shortfall looming before the 78th Legislature was $5.1 billion. Then, the day before the Legislature reconvened, she announced that the shortfall had nearly doubled -- to $9.9 billion.

Now she is criticizing the 78th Legislature for cutting some of the things she criticized the 77th Legislature for adding. It just doesn't compute.

In electing Republicans to run the House, the Senate, the governor's office and all 29 statewide offices, including the comptroller's, voters said loud and clear last year that they did not want their taxes increased.

Given that AND the nearly $10 billion revenue shortfall that she projected at the 11th hour AND the requirement that we balance the budget, one must ask Mrs. Strayhorn: What should we have done? She had suggested video gambling and she had suggested raising certain taxes.

We didn't raise taxes and for the first time in decades, we reduced state government spending. I think that's something to brag about, not criticize," said Craddick.

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August 27, 2003
Wednesday 3:24:11 P.M. CST

Perry Reacts to Strayhorn's Comments About New Budget

Texas Governor Rick Perry issued the following statement in response to comments by Comptroller Carole Keeton Strayhorn (see article below) that Texans will be adversely affected by new laws that go into effect on September 1, 2003:

“The Texas Legislature worked hard to develop a budget that received overwhelming bipartisan support and addressed the critical needs of our state without new taxes. Many of the fees the Comptroller now finds objectionable were from recommendations she made and legislation she supported during the regular session," said Perry.

“Mrs. Strayhorn didn’t raise any of these concerns during the session and did not offer any real alternatives for funding trauma centers, cleaner air, greater public safety and better roads. However, the Legislature did agree that stiffer penalties for drunk drivers, traffic violators and polluters were far superior to Mrs. Strayhorn’s last minute calls for $2 billion in higher taxes and more gambling to fund bigger government.”

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August 27, 2003
Wednesday 3:18:44 P.M. CST

Strayhorn:  New State Laws Will Cost Texans Lots of Money

As the state's chief financial officer, Comptroller Carole Keeton Strayhorn today told Texas taxpayers that new laws that will go into effect next week will impose almost $2.7 billion in new and higher fees, charges and out of pocket expenses for the 2004-05 biennium.

Increases in critical areas impact teachers, health care, children and businesses.

"There will be a series of new fees that must be paid to the Attorney General by child support recipients," Strayhorn said. "Momma's now going to have to pay a locator fee to find a deadbeat dad."

Comptroller Strayhorn said she instructed her staff to analyze the "non-tax" revenue increases after her agency had received numerous inquiries from the public about increases on teachers, health care, children and businesses.

"These are not the only increases that Texans are going to pay. These are only the new increases passed during the recent regular session. This list does not include any additional fee hikes made by agencies under existing authority," Strayhorn said.

Strayhorn said some of the new fees, charges and out of pocket expenses for the biennium include:

Teachers and School Employees--$1.08 billion; including $1000 less per teacher for insurance premiums;
Health Care-- $596 million; including $4.8 million in fees on rural doctors;
Children-- $71.5 million; including $57.9 million in increased costs for CHIP participants; and
Business and Professionals-- $36.4 million; including $3.9 million in new state regulation fees for a wide range of business and industry professionals.

"While these are not new taxes adopted by the Legislature, these dollars are still coming out of hard-working Texans' pockets," Strayhorn said.

For more information about new and higher fees, charges and out of pocket expenses Texans will pay starting September 1, click here.  

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August 27, 2003
Wednesday 3:01:17 P.M. CST

Federal Judge: "Chill Out" on Congressional Redistricting

Comparing Texas to the war torn Middle East, U.S. District Judge George Kazen, a nominee of President Jimmy Carter, asked a three-judge panel from the U.S. Fifth Circuit Court of Appeals to review the Voting Rights Act claims filed by the Texas 11.  In today's hearing, Kazen was critical of the positions the Texas 11 and the Republican leadership have taken in the congressional debate.

"We're almost like the Middle East. We've got these two camps over here, and it's total victory or total surrender," Kazen said.

While Kazen had reservations about the claims raised by the Texas 11, he didn't think they were totally without merit.  He urged all parties to take a chill pill.

"Let's chill out for awhile. Let's stop spending the taxpayers money for awhile," Kazen said.   

A three-judge panel is expected to convene within the next two weeks to consider the arguments by the Texas 11 and Republican leadership.

Texas Governor Rick Perry has indicated that he plans to call a third special session "at the appropriate time."  Kazen urged Perry not to call a special session until the three-judge panel rules on the merits of the lawsuit.

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August 27, 2003
Wednesday 9:45:10 A.M. CST

Texas 11 Remain in New Mexico to Avoid Political Trap

The Associated Press is reporting that five Texas Senators who planned to attend a federal court hearing today in Laredo, Texas canceled their trip early this morning amid rumors that they would be arrested once they set foot in the Lone Star State.  

"Evidence was mounting from all sorts of credible sources in Austin that once the senators got into the courtroom in Laredo, (Gov. Rick) Perry would call another special session and they would be arrested,"  said Harold Cook, a consultant for the Democrats.  "They haven't come this far to be lured into a trap."

Texas Senator Leticia Van de Putte (D-San Antonio), Chairwoman of the Senate Democratic Caucus, also expressed concerns.  "We're not going to put the senators at risk," she said.

U.S. District Judge George Kazen is scheduled to rule on several motions this morning that could affect the course of the congressional redistricting debate.

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August 26, 2003
Tuesday 9:20:25 P.M. CST

Redistricting Scorecard - Democrats: 3, Republicans: 0, Taxpayers:  - $3.4 million

Round 3 of the congressional redistricting interstate fight goes to the Texas Democrats.

After Lieutenant Governor David Dewhurst failed to convince the Texas 11 to return to Texas to address redistricting during the second special session, the Texas Senate adjourned sine die.  Without a quorum, the Texas Senate could not vote on any legislation passed by the Texas House of Representatives.  Thus, no bills were passed that could be signed by Texas Governor Rick Perry.

The congressional redistricting fight is far from over.  Governor Perry has already promised to call a third special session to address congressional redistricting "at the appropriate time".  Perry is convinced that the Texas Legislature has a duty to redistrict and not leave the task to federal judges.  Democrats have also promised to keep "all options open" to spoil the Republican's plan to change the congressional lines, including busting another quorum.  

During the Regular Session of the 78th Texas Legislature,  51 House Democrats traveled to Ardmore, Oklahoma to bust a quorum to defeat congressional redistricting. They were successful.  During the 1st Called Special Session, 11 Democrats and one lone Republican successfully prevented the congressional redistricting bill from even being considered. Now, the Texas 11 have successfully defeated congressional redistricting during the Second Called Special Session.  Even though the Texas 11 were heavily criticized by the Republican leadership for leaving, they achieved their goal of defeating redistricting. A win is still a win no matter how it is spun.

Most Texans have no clue what the redistricting process entails even though redistricting has cost taxpayers $3.4 million to fund two unsuccessful special sessions. However, until there is a major public outcry against redistricting, the process will continue and Democrats will continue to fight what they perceive as a "power grab" by the White House and U.S. Congressman Tom Delay.

For now, both parties await tomorrow's decision by a federal judge in a lawsuit filed by the Texas 11 in Laredo, Texas. Earlier today, the U.S. Department of Justice sent a letter to the newly appointed Secretary of State Geoffrey S. Connor informing him that the traditional two-thirds rule used by the Texas Senate is not subject to Section 5 pre-clearance.  The letter undercuts the argument by the Texas 11 that pre-clearance is necessary.  However, the Texas 11 are determined to make the argument tomorrow in court. If U.S. District George Kazen, a nominee of President Jimmy Carter, issues a preliminary injunction preventing any further efforts to redistrict, the Republican leadership will appeal to the U.S. Court of Appeals for the Fifth Circuit to overturn the order.   

The redistricting drama continues......

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August 26, 2003
Tuesday 9:16:38 P.M. CST

Connor Appointed Secretary of State

Texas Governor Rick Perry today announced the appointment of Geoffrey S. Connor to serve as Texas’ 104th Secretary of State and Luis Saenz as assistant secretary of state.

Connor has served as assistant secretary of state since 2001 and Saenz most recently has served as a senior advisor for community affairs to the governor.

“Geoff Connor has proven himself to be dedicated and capable public servant,” Perry said. “I know he will continue to ensure Texas elections are fair and open, and I'm confident he will continue my administration's strong commitment to the Texas border.”

Connor led numerous international trade missions under two previous secretaries of state.

“With the merger of the Texas Economic Development into the Governor's Office, Geoff's experience in international affairs will be a strong asset,” Perry added. “International business development will be enhanced as my administration continues to focus on creating new jobs in Texas, and the Secretary of State will play a strong role in promoting Texas as a good location for international companies.”

As secretary of state, Connor will serve as the state's chief elections officer. The Office of Secretary of State also is the official repository for official and business records, publishes government rules and regulations, and attests to the governor's signature on official documents. In addition, the Secretary of State serves as liaison for the governor on border and Mexican affairs. As assistant secretary of state, Connor was responsible for managing the office's daily operations, including elections, business filings, border affairs and international protocol.

Connor previously worked as senior counsel in the energy section of Akin, Gump, Strauss, Hauer & Feld. He has also served as general counsel for the former Texas Natural Resource Conservation Commission, now known as the Texas Commission on Environmental Quality. He also worked as assistant commissioner and general counsel for the Texas Department of Agriculture, and deputy general counsel for former Governor Bill Clements.

Connor received a bachelor's degree in international studies from Southwest Texas State University and a law degree from the University of Texas School of Law. He is board certified in administrative law.

Saenz is a native of Carrizo Springs and as the governor's senior advisor for community affairs has been the governor's liaison to local elected officials, community groups and business and trade groups across the state.

“Luis Saenz brings to this post the highest credentials and ethical standards,” Perry said. “His wide-ranging experience will bring a new energy to the office.”

Saenz also served as political director for the governor's successful election bid in November of 2002 and worked on Perry's appointment and press staffs.

Before joining the Perry administration, Saenz was executive assistant to Comptroller Carole Keeton Strayhorn. He also has served on the legislative staffs of Sen. Kay Bailey Hutchison, former Sen. Phil Gramm and Congressman Henry Bonilla, and was a presidential appointee at the U.S. Department of State Department during the administration of President George H.W. Bush. Saenz began his career as a research assistant at the Heritage Foundation in Washington, D.C., in 1990.

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August 26, 2003
Tuesday 9:13:44 P.M. CST

Hudson Appointed to Public Utility Commission

Texas Governor Rick Perry today announced the appointment of Paul Hudson of Austin to the Public Utility Commission (PUC) for a term to expire Sept. 1, 2009. The three-member PUC encourages competition and customer choice in Texas while ensuring electric and telephone operations, services and rates are fair and reasonable.

“Paul Hudson's expertise has played a valuable role in helping make Texas a model for sound energy policy,” Perry said. “I have no doubt that our state will benefit from his knowledge and skills even more as he moves into this new role.”

Hudson currently serves as director of policy in the governor's office, where he manages the policy office and advises the governor on policy issues. He also has served as the policy director for business and regulatory issues, where he focused on energy, telecommunications and economic development issues and served as the office's liaison to the PUC and several other state agencies.

Before joining the governor's staff in 2001, Hudson worked at the PUC as an advisor to a commissioner and a senior economic analyst. At the PUC, Hudson analyzed and helped develop public policy on a range of telecommunications issues, including utility market deregulation and development of competitive markets.

Hudson's experience with the utility industry also includes serving on the National Governor's Association Task Force on Electric Infrastructure and the Western Governor's Association Working Group on Cross Border Energy Issues.

Hudson earned a bachelor's degree from the University of Texas, where he was a National Merit Special Scholar, and he received a master's degree from Arizona State University.

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August 26, 2003
Tuesday 9:09:51 P.M. CST

Duncan Appointed to Texas Building and Procurement Commission

Texas Governor Rick Perry today announced the appointment of James Stewart Duncan of Houston to the Texas Building and Procurement Commission for a term to expire Jan. 31, 2009. The commission is responsible for the acquisition of goods, services and facilities for state government.

Duncan, now retired, was the president of Duncan Interests consulting firm. He also is a former vice president of Lockwood, Andrews & Newman, an architecture and engineering company in Houston. Duncan was appointed to the Texas Veterans Commission in 1998, and later served as the commission's chair. He also served as co-chair of the Texas State Veterans Cemeteries Committee and held numerous leadership positions in the Texas chapter of the Korean War Veterans Association.

Duncan served in the U.S. Army during the Korean War and was awarded the Silver Star, Purple Heart and two Presidential Unit Citations for his service. He is a graduate of the University of Kentucky.

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August 26, 2003
Tuesday 9:05:09 P.M. CST

Four Appointed to Texas Diabetes Council

Texas Governor Rick Perry today announced the appointment of four individuals to the Texas Diabetes Council for terms to expire Feb. 1, 2009. The council assists in the development and implementation of a public awareness strategy focusing on diabetes and its complications.

Randy Byron Baker of Mesquite is a technician with Centex Corporation. He serves on the Municipal Library Advisory Board and as a volunteer with the American Diabetes Association, the Knights of Columbus and Divine Mercy of Our Lord Catholic Church. He attended the University of North Texas in Denton.

Avery Rhodes of Diboll is a manager with Bristol-Myers Squibb pharmaceutical company. She formerly was the director of Angelina Beautiful/Clean and Angelina County Senior Citizens' Activities. Rhodes also has served as a United Way division chair and as a member of the Keep Texas Beautiful Coordinators' Council. She is a graduate of Stephen F. Austin State University in Nacogdoches.

Victor Hugo Gonzalez of McAllen, an eye surgeon and medical director at Valley Retina Institute, is being reappointed to the council. He serves on the national board of the American Diabetes Association and the executive board of the Texas Ophthalmology Association. Gonzalez also is a fellow with the American Academy of Ophthalmology and a member of the Retina Society and the American Medical Association. He received his bachelor's degree from Princeton University and his medical degrees from Harvard Medical School.

Gene Fulton Bell of Lubbock, a diabetes educator and former director of the Texas Tech Diabetes Center, is being reappointed to the council. A certified family nurse practitioner, she serves as an advisory committee member to the Texas Tech University Health Sciences Center School of Nursing. Bell is a member of the American Association of Diabetes Educators and a charter member of the Nurse Practitioner Interest Group of South Plains. She is a graduate of the Methodist Hospital School of Nursing and the University of Texas School of Nursing in San Antonio.

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August 26, 2003
Tuesday 8:58:33 P.M. CST

Sowell Appointed to Texas Racing Commission

Texas Governor Rick Perry today announced the appointment of Charles L. Sowell of Houston to the Texas Racing Commission for a term to expire Feb. 1, 2009. The commission oversees pari-mutuel wagering on horse and greyhound racing.

Sowell is an attorney and vice president of The McNair Group. He is a life fellow with the Houston Bar Foundation and a member of the State Bar of Texas, the American Bar Association and the American Judicature Society. Sowell also is vice chair of the Harris County Sports and Convention Corporation, president of the Houston Athletic Committee and director of the Houston chapter of the National Football Foundation and College Hall of Fame. A former University of Texas football player and president of the Longhorn Hall of Honor, Sowell now serves on the Longhorn Foundation Advisory Council, the Chancellor's Council and the UT Development Board. He is also a member of the Quarter Horse Committee and ex officio director of the Houston Livestock Show and Rodeo.

Sowell earned a bachelor's degree in business administration and a law degree from the University of Texas.

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August 26, 2003
Tuesday 8:52:21 P.M. CST

Three Appointed to Texas Optometry Board

Texas Governor Rick Perry today announced the appointment of three individuals to the Texas Optometry Board for terms to expire January 31, 2009. The board oversees licensing and regulation of optometry in Texas.

Dr. D. Dixon Golden of Center is a therapeutic optometrist and optometric glaucoma specialist in private practice. He is a member of the American Optometric Association, Texas Optometric Association and past president of the Sabine Optometric Society. Golden is also a member of the Center I.S.D. Board of Trustees and a past president of the Center Morning Lions Club. He received his bachelor's and optometry degrees from the University of Houston.

Dr. Randall N. Reichle of Houston is a therapeutic optometrist, optometric glaucoma specialist and partner at the Eye Center of Texas. He is a member of the American Optometric Association and a member and past president of the Texas Optometric Association and the Harris County Optometric Society. He received his bachelor's and optometry degrees from the University of Houston.

Elsa Silva of El Paso is the vice president and secretary of Vistacon, Inc. She is a member of the Ysleta Teachers' Association, the Boys and Girls Club of El Paso and Texas Tech University Health Sciences Center Institute Research Board. Silva is also a member of the Associated General Contractors and the Small Business Administration in El Paso. She received her bachelor's degree from the University of Texas at El Paso.

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August 25, 2003
Monday 10:33:19 P.M. CST

State Court Dismisses Redistricting Claims

Travis County District Judge Darlene Byrne issued an order today dismissing the counterclaim and writ of mandamus Lieutenant Governor David Dewhurst had filed against the Texas 11. Dewhurst sought judicial intervention to compel the Texas 11 to return to Texas.

"After giving due consideration to the matters at issue on jurisdiction and justiciability, and after hearing argument of counsel, the Court determines as follows:  Defendants' Original Answer and Counterclaims for Declaratory Judgment and Writ of Mandamus, filed on August 8, 2003, are DISMISSED for lack of subject matter jurisdiction," Judge Byrne wrote in her order.

In non-legal terms, the order means that the court did not have the authority to decide the issues on the merits.

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 August 24, 2003
Sunday 9:48:49 P.M. CST

Who Will the Texas 11 Support?

Besides the Bible, football is sacrosanct in Texas.  Ironically, the first major college football game is tangentially related to congressional redistricting. The University of Texas at Austin will be hosting New Mexico State University on August 31st at Darrel Royal Memorial Stadium.  If Texas Governor Rick Perry calls a third special session on Wednesday, August 27th, the Texas 11 will likely remain in Albuquerque, New Mexico and forego the first college football game.

Since the New Mexicans have been kind to the Texas 11 in their battle against congressional redistricting, it will be interesting to see if the Texas 11 want to see New Mexico State University defeated.  If they don't take a stand, the spin masters may soon add a football theme to the redistricting debate.  The "stay and fight like true Texans" and "get back to work" themes failed to persuade the Texas 11 to return to Texas.

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August 24, 2003
Sunday 9:17:53 P.M. CST

Internet Group Helps Texas 11 Raise Money

The battle over congressional redistricting may soon come to a television near you.

Moveon.org, an Internet-based grassroots movement, has raised almost $900,000 to help the Texas 11 take their anti-redistricting message to the airwaves.  The Internet group's goal is to raise $1,000,000 for the "Defend Democracy in Texas" campaign.

The campaign began a few days ago and has proven to be very successful.

Stay tuned for the ads.

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August 24, 2003
Sunday 4:37:22 P.M. CST

Third Time Was Not Charm for Texas GOP

To read this article, go to the Capitol Spotlight.

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August 21, 2003
Thursday 10:04:39 P.M. CST

LULAC Criticizes Mr. South Texas

The League of United Latin American Citizens, the oldest and largest Latino civil rights organization in the United States, criticized U.S. Congressman Henry Bonilla (R-San Antonio) for his stance on congressional redistricting.  Bonilla, the only Hispanic Republican in the Texas Congressional Delegation, appeared with Lieutenant Governor David Dewhurst on August 19 to discuss the racial concerns which have been raised by the Texas 11 in Albuquerque, New Mexico.  Bonilla said that the use of the race card by the Texas 11 is a disservice to minorities and that they should return to work. He also noted that "99%, at least 99% of Hispanics in this state and in this country are not affiliated with LULAC or any of the other 'Hispanic' professional groups in this country."

LULAC disagreed with the congressman's observations.

“Congressman Bonilla is out of touch with the needs of his constituents, in fact, a majority of Hispanic voters in his district consistently oppose him at the ballot box.  To say that LULAC does not represent the interest of the Latino community and that we are a professional minority group that is trying to inject our own agenda into Texas politics, is not only an insult to the Latino community, but also an insult to the intelligence of those who are fully aware of how Bonilla has consistently voted against Hispanic interests,” said Hector Flores, LULAC National President.

Next February, Congressman Bonilla will be honored as Mr. South Texas at the annual Washington Birthday's Celebration in Laredo, Texas.  He was selected for his "outstanding commitment" to South Texas.

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August 21, 2003
Thursday 9:41:45 P.M. CST

Health Care Stipend:  The Lege Giveth, TRS Taketh

The Texas Federation of Teachers filed a lawsuit today against the Teachers Retirement System for adopting a rule that would take away a $500 health care insurance stipend from non-administrative professionals, e.g. counselors, librarians, nurses, and educational diagnosticians.  

"TRS has no legislative authority to use a salary cutoff like this to expand the number of employees who will lose the entire healthcare supplement," TFT president John Cole told the Associated Press. "Legislative intent couldn't have been clearer. TRS now has no legitimate basis for granting the $500 to all teachers, regardless of their salary level, while using a salary cutoff to exclude others who should be eligible for the supplement."

The group has asked a Travis County court to declare the rule invalid. TRS has not responded to the petition.

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August 11, 2003
Monday 2:38:13 P.M. CST

Perry and Dewhurst Lose in Texas Supreme Court

The Texas Supreme Court has denied the writ of mandamus filed last week by Texas Governor Rick Perry and Lieutenant Governor David Dewhurst.  The ruling means that the Texas Supreme Court will not compel the Texas 11 to return to the Texas Senate to vote on congressional redistricting.

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August 7, 2003
Thursday 11:16:46 P.M. CST

If You Can't Beat'em, Sue'em!

It was a record-breaking 108 degrees in Austin, Texas today, but temperatures crossed the boiling point in the Texas Senate.

After being very patient with the self-proclaimed Texas Eleven, Lieutenant Governor David Dewhurst announced this afternoon that Texas Attorney General Greg Abbott filed a writ of mandamus, an extraordinary judicial remedy compelling a public official to act.  The writ was filed on behalf of Dewhurst and Texas Governor Rick Perry.   

The writ seeks a judicial order from the Texas Supreme Court compelling the Texas Eleven to return to the Texas Senate to establish a quorum.  Dewhurst and Perry argue that the Texas Eleven violated the Texas Constitution and the Senate Rules and must be ordered to return to perform non-discretionary or ministerial acts, even if they disagree with legislation supported by the majority. Ministerial acts are those clearly defined by law.  In this case, it is the duty to attend a special session which is clearly mandated by Article III of the Texas Constitution and Texas Senate Rule 5.03.  It does not seek any other relief, e.g. sanctions, costs, or attorney's fees.  A similar writ was also filed in a Travis County District Court in case the Texas Supreme Court refuses to exercise jurisdiction.

The writ of mandamus was filed several hours after the Texas Eleven filed a lawsuit against Dewhurst, Carleton Turner, the Senate Sergeant-at-Arms, and Thomas A. Davis, Director of the Texas Department of Public Safety ("Defendants") in a Travis County state court.   Perry was not named in the lawsuit, though he may be named as a Defendant at a later date. The Texas Eleven sued to prevent the Defendants from arresting them to force a quorum and ultimately a vote on congressional redistricting.  This week a state district judge issued a final order prohibiting DPS officers from arresting absent House members.  The Texas Senators want that ruling to apply to them as well. The Texas Eleven also seek a judicial declaration that the current special session is unconstitutional because Perry failed to comply with the "extraordinary occasions" requirement in the Texas Constitution.  The Texas Eleven argue that congressional redistricting is not an "extraordinary occasion" because the current map is legal and was defended by the Texas Attorney General.  

Dewhurst called the state lawsuit "frivolous" and plans to file a countersuit against the absent Texas Senators Friday morning.

The Texas Supreme Court is expected to issue a decision next week on the writ of mandamus. It is possible that the Court may circumvent issuing an order because the issues raised in the writ involve a "political question" that can be best addressed by the legislative branch of government.   

Developing.....

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August 7, 2003
Thursday 10:52:22 P.M. CST

Perry Issues Statement on Writ of Mandamus

Texas Governor Rick Perry issued the following statement after the writ of mandamus was filed earlier today:

“Today, I joined Lt. Governor David Dewhurst in a move designed to resume work on the critical issues facing our state. The people of Texas should know that this decision was a difficult one, but one that's now necessary because of the refusal of 11 senators to fulfill their legislative responsibilities. This action is an attempt to protect our constitution and prevent a handful of legislators from misusing Senate rules to bring government to a halt.

“The most recent walkout by senators to Albuquerque – and the work stoppage by House members who fled to Ardmore in May – illustrates the potential for a constitutional crisis whenever a minority number of legislators refuses to participate in the process on issues where they lack the votes to succeed.

“Unless the legal system stops this kind of constitutional abuse, the democratic process is jeopardized at every turn on every issue. If the Supreme Court does not intervene, nothing will stop a handful of legislators from halting a vote on any difficult issue, such as school finance.

“Two legislative walkouts in the last four months have left no alternative but to ask the court to intervene. I believe it is critical to the future of our democratic process that the Texas Supreme Court offers its ruling on this constitutional crisis. Without a legal resolution, this constitutional abuse will be used in the future to again bring our government to a halt.

“I have no doubt that the people of Texas will see that the state leadership was compelled to take this step, but there is still an opportunity to resolve this issue outside the courtroom. Just as millions of Texans do every day, I again urge the 11 Senate members to show up for work. Return to Texas so that together we can address the pressing issues of our state.”

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August 6, 2003
Wednesday 1:44:53 A.M. CST

To Sue or Not To Sue?

The battle over congressional redistricting may soon move from the court of public opinion to an actual courtroom.

Texas Lieutenant Governor David Dewhurst warned the 11 quorum busting Texas Senators that he may resort to "legal options" to end the congressional redistricting stalemate.   Dewhurst did not say that a lawsuit was imminent or what causes of action would be filed against the Texas Senators to force them to comply with their constitutional duties.

The Texas 11 have already indicated that they may file a motion for a temporary restraining order or a preliminary injunction to prevent Dewhurst from removing the "blocker bill," which has given minority Senators influence over the legislative process. The eleven Texas Democrats are waiting for the right time to file the lawsuit in a state or federal court that may be favorable to their interests.  The Senate Democrats have not indicated what causes of action they would pursue against Dewhurst.

Stay tuned.  

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August 5, 2003
Tuesday 6:49:24 P.M. CST

Legislative History 101: Republicans Busted Quorum Too

Texas Democratic Party officials are criticizing Republican claims that Senate Republicans never busted a quorum and abdicated their constitutional duties.  Texas Democrats are citing an Associated Press article which is reporting that Texas Senate Republicans busted a quorum in 1993 to prevent a vote on a judicial redistricting bill.  The quorum bust lasted one day, but it successfully defeated the redistricting bill.

"It seems to me that Rick Perry, David Dewhurst, Tom Craddick and other Republican leaders have some explaining to do," said Molly Beth Malcolm, Texas Democratic Party Chairwoman. "They need to tell the people of Texas why they are attacking the Democratic Senators for something their own Senators did ten years ago."

In1993, Texas Democrats had a solid majority in the Texas Senate, but Republicans had enough members in the Texas Senate to bust a quorum.  The now controversial "blocker bill" was in place at that time.

Texas Senator Rodney Ellis, who is currently in Albuquerque, New Mexico, told the Associated Press, "They clearly have a double standard."

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August 5, 2003
Tuesday 2:35:14 P.M. CST

Republican Leadership Salvages Medicaid Funding

Texas Governor Rick Perry today announced that $167 million in federal funds can now be used to increase the Medicaid reimbursement rate for health care providers and expand community care services for the elderly and poor.

Use of the funds for fiscal year 2004 was cleared based on a letter from the Attorney General's Office affirming the state's authority to spend the dollars. Perry, along with Lt. Governor David Dewhurst and House Speaker Tom Craddick, announced use of the funds during a news conference at the State Capitol.

"Today doctors, hospitals and patients can breathe a sigh of relief because the State of Texas has received this legal approval," Perry said. "This is good news, and it demonstrates that even as Democrat senators abdicate their responsibilities, those of us who remain in Austin are working to achieve the public good."

Last week, Perry asked the Attorney General to examine the issue because of concerns raised during the budget certification process about the validity of two budget riders. Those concerns had been addressed with clarification language in House Bill 5 during the first called special session. However, that bill was killed when 11 Democrat senators walked out on July 28.

With the legal issues now cleared, Perry said Texas doctors, hospitals and other health care providers will receive more than $100 million in health care funds. Texas Health and Human Services Commissioner Albert Hawkins will begin the process of reprogramming computers so that doctors receive a higher reimbursement rate in a timely manner.

In addition, more than $36 million will be available to maintain community care personal attendant hours at current levels.

"I want Texans to know that, despite recent disruptions, their leadership in Austin is busy working to stretch their dollars to fund the most critical services," Perry said. "With or without some of our Democrat colleagues, we will do everything we can to improve funding for health care, education and transportation."

Although use of these federal funds has been cleared, Perry noted up to $100 million for trauma care through the Texas Driver Responsibility Program and spending authority for an additional $231 million to help jumpstart transportation projects across Texas are still jeopardized by the Democrat walkout. Cleanup legislation for those funds also died in the last special session when senators left the state before a final vote.

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August 5, 2003
Tuesday 2:33:26 P.M. CST

Mega Millions Coming to Texas

Today, Reagan E. Greer, Executive Director of the Texas Lottery Commission, recommended Mega Millions as the multijurisdiction lottery game Texas should join.

"Mega Millions is the best multijurisdiction game for Texas," said Greer. "After reviewing all the information we received and studying the cost-benefit analysis, I am recommending to the Commission that Texas go to the next step of bringing this big jackpot game to our players."

"Since Governor Perry signed HB 3459 on June 10 authorizing us to enter a multijurisdiction lottery game, our staff has been working very hard to gather information to make this important decision," said Greer. "I want to express my appreciation to Mega Millions and PowerBall for providing information about each of their games and what each offers Texas."

In making his recommendation, Greer told the three-member Commission that some of the critical factors he considered were 1) revenue to the state, 2) cannibalization of existing games, and 3) the game that was the best fit for Texas. Greer's recommendation included adding a "multiplier" feature to the Mega Millions game that would allow players to increase their winning prize amounts at certain prize levels other than the jackpot prize level.
"I anticipate that the net revenue from Mega Millions will meet or exceed the initial estimate of $101 million for the biennium," Greer said.
The portions of HB 3459 relating to participation in a multijurisdiction lottery game take effect September 1, 2003.

Greer noted that his staff is committed to making the new game available to Texas Lottery players as soon as possible.

"In order to implement a multijurisdiction lottery game, certain actions such as entering into an agreement with Mega Millions, adopting a game rule, and procuring goods and services will need to occur," explained Greer. "We are looking at a late fall timeline for having this process completed."
Current projections are that with the successful completion of contract negotiations with Mega Millions and required Commission action, ticket sales could begin later this fall.
Mega Millions is a multi-state lottery game offered for sale in Georgia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Virginia and Washington. For more information on Mega Millions, visit their website at www.megamillions.com

For more information about the Texas Lottery, please visit the official Texas Lottery Commission Web site at www.txlottery.org

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August 4, 2003
Monday 12:01:47 A.M. CST

Rally Set for Texas Democrats

The Texas Democratic Party has organized a rally to support the 11 Texas Senators who busted a quorum to prevent congressional redistricting from going forward.

The rally will be held on the south steps of the Texas Capitol on August 9, 2003 at 11:30 a.m.

No word yet on a counter-rally by the Texas Republican Party or supporters of congressional redistricting.

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 JULY 2003
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July 31, 2003
Thursday 11:18:21 P.M. CST

Perry to Senate Democrats:  Texas Needs You!

Earlier today, Texas Governor Rick Perry pleaded with the Enchanted Eleven to return to the Texas Senate to address other issues besides redistricting.  

Eleven Texas Democrats have refused to return to the State of Texas unless Governor Perry removes redistricting from consideration in the second called special session or Lieutenant Governor David Dewhurst restores the "blocker bill", which would give Senate Democrats the procedural tool necessary to kill redistricting again.  Neither Perry or Dewhurst have agreed to comply.  Health care and Medicaid funding were the two key reasons Perry urged the Senate Democrats to return.

“For hospitals and health care providers, the clock is ticking,” Perry said. “In 32 days, a five percent reduction in fees paid to doctors, hospitals, nursing homes and other health care providers who provide health care services for Medicaid patients is scheduled to take effect.”

“When 11 Democrat senators fled the state on Monday, they jeopardized this vital increase in funding for doctors and hospitals by killing legislation that would have ensured our authority to provide a higher Medicaid reimbursement rate,” Perry said.

“The surest way for doctors, hospitals and Texas patients to benefit from the $167 million increase for health care services is for the Democrats to come home and do the work of our people,” Perry said. “What is at stake here is not politics, but good public policy.”

Perry also said the Democrats’ absence also endangers an additional $36 million for community care services, which is included in the $167 million state leaders agreed to spend.

“We're talking about disabled and diseased Texans who will be directly harmed by this abdication of duty by Democrat senators,” he said. “Texans deserve better. The message is simple for my Democrat friends: Don't just talk the talk when it comes to health care, but come back home to cast your vote for better health care.”

As of this evening, Senate Democrats have refused to answer the Governor's plea.

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July 28, 2003
Monday 6:58:36 P.M. CST

"Enchanted Eleven"sm Bust Quorum in Texas Senate

Before Texas Governor Rick Perry had a chance to call a second special session on congressional redistricting, 11 Texas Democrats fled the state to prevent a quorum in the current special session, which adjourned sine die early this afternoon.  Perry immediately called a second special on congressional redistricting, but the 11 Texas Democrats had already fled to  Democratic-friendly Albuquerque, New Mexico, whose state motto is "Land of Enchantment".   The "Enchanted Eleven"sm or the "Enchanted Ones"sm  are opposed to congressional redistricting, which was successfully defeated using a procedural move allowed under the Texas Senate rules.

Lieutenant Governor David Dewhurst, the presiding officer of the Texas Senate, was very disappointed, but predicted that the Texas Senate would eventually pass a congressional map.

No word yet on how long the "Enchanted Eleven"sm will remain in Albuquerque.  Without a quorum, the Texas Senate is at a standstill.

Stay tuned for more updates.

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July 28, 2003
Monday 6:47:12 P.M. CST

Texas Governor Rick Perry Issues Statement on Second Special Session

Texas Governor Rick Perry issued a statement on the second special session which was called earlier today:

"Today a minority of members in the state Senate prevented the Senate from finishing important work and killed legislation that would have generated an additional $800 million to help meet the priorities of our citizens.

"I am saddened by the fact that we will not be able to put hundreds of millions of dollars into a number of priorities. We could have spent that money to boost Medicaid payments for home care services, to help pregnant women receive Medicaid services, to expand health insurance for children of working families, to provide HIV medications for afflicted Texans, to train new doctors, or to address a number of other health and human service needs.

"Today's developments are disappointing - not just to me - but to the many Texans who would benefit from the services $800 million would provide.

"That's why today I am calling another special session. These priorities need to be addressed, and Texans deserve a vote on these issues and more."

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July 28, 2003
Monday 6:38:32 P.M. CST

Texas GOP Decries Move by Senate Democrats

Texas GOP Party Chair Susan Weddington issued the following statement criticizing the move by Democrats to bust a quorum in the Texas Senate:

"It is unfortunate and disappointing that Democrats forced the first special session to expire without passage of a fair redistricting plan. Democrats have wasted precious time and tax dollars solely for the benefit of Democrat congressmen and their national party leaders.

"By fleeing the Capitol, Democrats have cost Texans $800 million in additional revenue that could have been used to improve health care, education and other critical government services. It is absolutely disgraceful that Democrats would deliberately and shamefully hurt the people of Texas in this way for their own political gain.

"There is no expiration date on the legislature's constitutional responsibilities, and there is no expiration date on doing right by the people of Texas. The Democrats cannot run out the clock by fleeing and abdicating their constitutional responsibilities.

"We applaud Gov. Perry for calling a second special session and Lt. Gov. Dewhurst for following the Bullock precedent established by Democrats more than a decade ago.

"We are confident that a fair redistricting plan that reflects the will of Texas voters, increases leadership opportunities for minorities and respects communities of common interest can and will be passed in a new special session.

"Texans spoke clearly in the 2002 elections by casting fifty-six percent of their votes for Republican congressional candidates, and they expect their will to be reflected in our state's congressional delegation."

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July 27, 2003
Sunday 10:01:14 A.M. CST
MyCapitol.com Unveils TexasRedistricting.com

With the advent of a second special session on congressional redistricting, MyCapitol.com is pleased to unveil TexasRedistricting.com, a new service which provides centralized information on redistricting in Texas.  Even though the original launch date was 2010, the recent interest in congressional redistricting merited the unveiling of the new site.

TexasRedistricting.com provides interested parties with information on current and proposed maps, meeting schedules, live audio, news, and law.

Visitors can access TexasRedistricting.com on the homepage of MyCapitol.com.  Direct access will soon be available at http://www.texasredistricting.com.   

Enjoy the process!

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July 22, 2003
Tuesday 11:36:23 P.M. CST
Congressional Redistricting: R.I.P.

The third time may be the charm for Texas Republicans.  

With less than eight days left before the end of the first called special session, congressional redistricting has hit a procedural wall in the Texas Senate.  Even if a committee map is approved, twelve senators have vowed to prevent suspending the Senate rules to allow a redistricting bill to be debated by the full Senate.

Texas Senator Robert Duncan, chairman of the Senate Jurisprudence Committee, told the Associated Press, "I am not optimistic at this point that something will happen."  

Texas Governor Rick Perry has already indicated that he will call a second special session if a congressional redistricting plan is not passed this session.  Lieutenant Governor David Dewhurst has also hinted that he will remove the "blocker bill" next session to allow redistricting to be passed by a simple majority.  Without a "blocker bill," opponents will lose a procedural advantage in defeating a second redistricting bill.

Senate Democrats are considering all their options if the "blocker bill" is removed, including busting a quorum.  It is not clear if House Democrats will also bust a quorum if Governor Perry calls a second special session.

Earlier this month, a state district judge ruled that the Texas Department of Public Safety could not be used to track down absent lawmakers. Thus, it is not clear who would have the authority to find and return any quorum busting lawmakers.

For detailed analysis on redistricting in Texas, go to the Capitol Insider.    

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July 20, 2003
Sunday 11:02:52 P.M. CST
CapitolInsider.com is Launched

MyCapitol.com has launched CapitolInsider.com, a new feature designed to provide interested readers with detailed intelligence and analysis on important political and public policy issues.  Capitol Insider provides in-depth analysis in an easy to read format.  

The first article, "Texas Redistricting Bloodfeud," focuses on the current congressional debate in the Texas Legislature.

Interested readers can access Capitol Insider on the home page of MyCapitol.com.  Direct access will soon be available at http://www.capitolinsider.com.

Enjoy!

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July 14, 2003
Monday 8:15:21 P.M. CST
Texas Congressional Redistricting in Critical Condition

CODE RED.

Earlier today, former Lieutenant Governor and current Texas Senator Bill Ratliff (R-Mount Pleasant) announced that he would join 10 Texas Democrats in their "unalterable opposition" to any motion to suspend the rules to allow a congressional bill to be considered by the full Texas Senate.  Democratic Senators Ken Armbrister (D-Victoria) and Frank Madla (D-San Antonio) are the only two Democrats who did not sign the commitment letter. With eleven firm commitments to oppose suspension, congressional redistricting may soon become a footnote in legislative history, unless the rules of the Texas Senate are changed or something dramatic occurs.

Ratliff, considered by some of his colleagues to be the Obi Wan Kenobi of the Texas Senate, said that the theoretical marginal results of a new map were not worth the costs that a "vitriolic battle" on redistricting would inflict on the bipartisan tradition in the Texas Senate.   

"I will not be a part of the destruction of that spirit for a theoretical marginal partisan gain in the Texas congressional delegation," said Ratliff.

Ratliff noted that the current congressional map approved by a three-judge panel in 2001 has 20 Republican leaning districts, including 19 which have at least 55% Republican voting strength.   There are currently 17 Democrats and 15 Republicans in the Texas delegation.

Ratliff was especially critical of House Bill 3, which passed the Texas House of Representatives last week on a largely partisan vote, because of its blatant disregard for rural and agricultural communities of interest. Ratliff noted that the forces behind the congressional redistricting effort "have no knowledge of or regard for the representative balance between the urban/suburban power base and the diminishing influence of the rural/agriculture community."

Texas Governor Rick Perry issued a two-sentence statement in response to Ratliff's decision.

“Lt. Gov. David Dewhurst said he would continue to work on a fair redistricting plan. I believe we must give the lieutenant governor the time to sort out his options on the issue for which the session was called,” said Perry.

Dewhurst said he would consider all options to produce a fair redistricting plan that reflects the values and voting trends in Texas.  The "nuclear" option - eliminating the 11 vote rule requirement - is one possibility.

Ratliff said that it would be a serious mistake for the lieutenant governor to eliminate the 11 vote rule because the rule has preserved the bipartisan tradition in the Texas Senate for decades.       

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 JUNE 2003
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June 30, 2003
Monday 10:17:43 P.M. CST
They're Back!

Less than a month after the Texas Legislature adjourned sine die, lawmakers are back in Austin.

Texas Governor Rick Perry called a special session to primarily address congressional redistricting, but he may allow the Texas Legislature to address other issues such asbestos lawsuits, the Top Ten Percent Plan, and funding for medical facilities in the Lower Rio Grande Valley and El Paso.  

More than 60 bills have already been filed.  Interestingly, a bill repealing the sodomy law declared unconstitutional last week by the U.S. Supreme Court has yet to be filed.

The first day of the special session was contentious.  Several House Democrats who fled to Ardmore, Oklahoma in May, held a press conference to ask their colleagues to declare their independence from Washington partisan politics.  U.S. House Majority Leader Tom Delay (R-Sugarland) has been heavily criticized for convincing Governor Rick Perry to call a special session for what Democrats are calling a "power grab".  Earlier today, State Representative Richard Raymond (D-Laredo) and State Representative Robert Tarlton (R-Pasadena) engaged in a heated exchange regarding congressional involvement in redistricting.

Republicans see the special session differently.  They argue that the Texas Legislature abdicated its responsibility to draw congressional districts in 2001 to reflect the values and voting patterns in Texas.  Republicans control all statewide offices and the Texas Legislature, but do not control the congressional delegation.  There are currently 17 Democrats and 15 Republicans.

Even though there are 17 Democrats, redistricting analysts contend that the current congressional map has 20 Republican leaning seats.  What makes it difficult for Republicans to win is commonly known as the "incumbency advantage".  Even though some Democrats may live in Republican leaning districts, their name identification, their ability to fund raise, their seniority in Congress, and their relationships with their constituents make it difficult for a Republican newcomer to oust a veteran Democrat.

The solution for a Republican congressional majority is simple: combine Democrats or Republicans in adjoining districts and create open seats.  "Pairing" is the legal term used to describe combining to incumbents into one district.  By creating 5 or 6 open seats, Republicans will have a chance to win without competing against someone with an incumbency advantage.  

The "open seat" strategy was successfully used by the Legislative Redistricting Board when it drew the map for the Texas House of Representatives. In that map, there were 20 open seats, which were key to the Republican takeover of the Texas House.

Capitol observers predict that the Texas House of Representatives will pass a congressional map.  However, the Texas Senate may block it if 11 members object.  Texas Senators Frank Madla (D-San Antonio), Eddie Lucio (D-Brownsville), and Ken Armbrister (D-Victoria) will be key in influencing the outcome of redistricting in the Texas Senate.  All three are considered moderates and have supported Republican efforts in the past.

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June 30, 2003
Monday 9:35:18 P.M. CST
Clarence Thomas: Repeal Sodomy Law

U.S. Supreme Court Justice Clarence Thomas delivered a special message to Texas lawmakers in the dissent he filed in Lawrence v. Texas. In that case, the U.S. Supreme Court declared the Texas sodomy statute unconstitutional.

Even though he agreed with the dissent filed by Antonin Scalia, he urged Texas lawmakers to get rid of the "uncommonly silly" law.

"If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expand valuable law enforcement resources," said Thomas.

No lawmaker has yet agreed to follow Thomas' advice.

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June 26, 2003
Thursday 9:15:29 A.M. CST
Texas Sodomy Law Declared Unconstitutional

In a 6-3 decision, the U.S. Supreme Court declared the Texas law prohibiting sodomy among homosexuals as unconstitutional.  The Court held that the State of Texas did not have a legitimate interest in regulating private conduct among consenting adults. Justice Kennedy wrote the majority opinion.

Today's decision is a huge victory for the gay community who had claimed that the law was discriminatory.  It is not clear how today's ruling will affect the Defense of Marriage Act recently signed into law by Texas Governor Rick Perry.  

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June 23, 2003
Monday 9:35:23 A.M. CST
U.S. Supreme Court Upholds Affirmative Action in Higher Education

The U.S. Supreme issued historic decisions today upholding affirmative action in higher education admissions.  The Court held that race can be considered as a factor in university admissions.

The practical effect is that affirmative action, not "affirmative access", will be the law of the land.  President Bush supported "affirmative access" as an alternative to affirmative action.

In Texas, this means that the Hopwood decision is no longer good law.

More detailed legal analysis to follow in the Capitol Spotlight.
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June 23, 2003
Monday 12:34:14 A.M. CST
78th Legislature Roundup: Budget, New Laws, and Vetoes

To view Governor Perry's budget proclamation, including line-item vetoes, click here.

To view the bills that became law, click here.

To view the bills that were vetoed, click here.

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June 21, 2003
Saturday 9:00:34 A.M. CST
Texas Budget Resurrected

Like the phoenix rising out of the ashes in the recent Harry Potter movie, Comptroller Carole Keeton Strayhorn gave the Texas budget a new life after certifying it yesterday afternoon.   Strayhorn agreed to certify the budget only after Governor Rick Perry agreed to veto two bills that would offset the shortfall.

Strayhorn's certification clears the way for congressional redistricting to be the key focus in the upcoming special session.

Perry is expected to sign the budget before the Sunday deadline.

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June 19, 2003
Thursday 11:05:25 P.M. CST
Texas Budget Laid to Rest

Wearing a dark suit as if she were attending a funeral, Comptroller Carole Keeton Strayhorn delivered unexpected and disappointing news to Texas lawmakers earlier today at a press conference.

"I cannot certify this budget because it is 185 million 900 thousand dollars short," said Strayhorn.  

The apparent shortfall is due to a technical error regarding the fee structure in HB 3588, which was signed by Texas Governor Rick Perry today.  Clarification letters were sent by the authors of the bill, but the letters were not a factor in the final decision.

The effect of Strayhorn's statement is clear--the budget adopted by the Texas Legislature is dead.

Even though she praised House and Senate lawmakers for their hard work, her decision not to certify the budget was an explicit acknowledgment that the Texas Legislature failed to produce a balanced and certifiable budget. This is the first time since 1942 that a Comptroller has not certified a biennial budget.

"There is no appropriations bill," Strayhorn said.  

Governor Rick Perry has already called a special session on congressional redistricting beginning June 30; however, he has not specifically said that the budget will be included in the session. Other options are being explored.

Reaction to the surprising decision was swift.

Texas Governor Rick Perry and House Speaker Tom Craddick called the decision "disappointing". However, both expressed confidence that the shortfall could be addressed to Strayhorn's satisfaction.

Texas Democrats urged Governor Perry to use this opportunity to address the budget and forget about redistricting.

"With a special session on redistricting, the Governor had his priorities out of balance," said Molly Beth Malcolm, Chair of the Texas Democratic Party.

"Now the state's budget is out of balance. Clearly, we have bigger fish to fry than Tom DeLay's power grab. The top priority should be to pass a budget that Strayhorn is willing to certify. Governor Perry should immediately drop the special session on redistricting so legislators can work together -- instead of against each other -- to balance our state's budget and protect our state's future."

The Mexican American Legislative Caucus and the  Texas Legislative Black Caucus also urged Perry to shift the focus of the special session.

“Passing a balanced budget must be the Legislature's only priority during the upcoming special session so that our schools open on time this fall and we deliver essential state services, uninterrupted,” said State Representative Pete Gallego (D-Alpine), Chair of the Mexican American Legislative Caucus.

“How can the leadership justify spending $1.7 million for a special session on redistricting when the Comptroller says that the budget they produced doesn't even contain enough revenue to cover the state's current expenses?,” asked State Representative Garnet Coleman (D-Houston), Chair of the Texas Legislative Black Caucus.

“The last 24 hours have made it clear that just like our budget, the priorities of our leadership are out of balance and the people are taking a back seat to partisan politics. Over the weeks to come our budget should take priority over partisan redistricting,”  said Coleman.

June 22 is the deadline for Governor Rick Perry to sign or veto bills; however, it appears that the most important bill will not bear his signature.

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June 16, 2003
Monday 11:05:45 P.M. CST
Homeland Security and the Killer Ds: Ardmore Revisited

The Department of Homeland Security released its investigative report earlier today relating to the use of federal resources to track the now infamous Killer Ds in Ardmore, OK.

Washington and Texas Democrats had complained that it was improper for the Department to track the plane of former House Speaker Pete Laney when he decided to join the quorum busting Democrats in Ardmore, OK.   

The redacted report acknowledges that federal resources were used, but that the use was de minimis and no harm was caused.

The report provided detailed information, but it did not answer the key question Texas Democrats have been asking:  Who told the Texas Department of Public Safety to contact the Department of Homeland Security?  

Stay tuned for sound bites from both sides of the political aisle.

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June 15, 2003
Sunday 10:25:10 P.M. CST
Tick, Tock, Tick, Tock

It's almost June 22nd and the most important bill has yet to be signed by Texas Governor Rick Perry.  The Texas budget, which contains no new taxes, but an increase in fees, has yet to be certified by the most powerful woman in Texas government--Comptroller Carole Keeton Strayhorn.  

After the regular session of the Texas Legislature adjourned sine die on June 2nd, Strayhorn said she would take her time in certifying the budget.  Capitol insiders speculated that she would certify the budget within 10 days, but Strayhorn made it clear that there is no date certain on getting her seal of approval.  Without a certification, Perry cannot sign the budget or use his line item veto.  Without a certified budget for the next fiscal year, government will be at a standstill and a special session may be needed.

Strayhorn has expressed concerns regarding the fiscal policy choices made by Texas lawmakers.  She is especially troubled by the budget provisions that would allow the Comptroller to make certain budget cuts if there is no certification.  She has hired a constitutional scholar from the University of Houston to assist her in determining if the provisions are an unconstitutional delegation of powers.

Governor Perry has until next Sunday to sign or veto bills.  If there is no certification by then, Texas may be in for a surprise.

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June 15, 2003
Sunday 9:45:13 P.M. CST
Send in the Check!

In January, MyCapitol.com posted an article about how lobbyists R.A.I.D. the Texas Legislature.  

Now that the moratorium on political contributions ended on June 2nd, lobbyists are sponsoring fundraisers to help lawmakers replenish their re-election war chests.  Whether the fundraisers are golf tournaments or appreciation dinners, the goal is simple--maximize contributions from the Third House of Texas government.

Texas does not have a limit on the amount of political contributions.   However, the standard minimum contribution is $250.  The amount of the contribution can increase if the honoree is an influential committee chair or if he/she is part of the leadership team in the Texas House or Texas Senate.

Current law does not prohibit lawmakers from accepting campaign contributions during a special session.  The only prohibition applies to a "regular session" of the Texas Legislature.  Lawmakers can legally accept campaign contributions while legislation is discussed during a special session so long as the contributions are not accepted "inside" the Texas Capitol.  

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June 4, 2003
Wednesday 9:48:33 P.M. CST
Texas Budget Encounters Certification Snag

Summer plans?  Not so fast.
If Comptroller Carole Keeton Strayhorn gets her way, Texas lawmakers may be seeing pink granite instead of a blue sky and sunshine this summer.

Earlier today, Texas' toughest grandma held a press conference on the certification of the budget and like President George W. Bush she was plainspoken:  "I hope we have a certifiable budget. I do not know if we have a certifiable budget."

Strayhorn had been critical of Texas lawmakers throughout the session, often warning them not to play tricks with the people's money.  Today was no exception.

"I've said repeatedly I don't like one-time funding sources, I don't like smoke and mirrors, I don't like delays and referrals and I don't like raiding the Rainy Day fund," Strayhorn told the Associated Press.

Strayhorn has a constitutional duty to certify the budget before it goes into effect on September 1, 2003.  She did not indicate when and if the budget would be certified.

"I will take as long as necessary," she said.

If the budget is not certified, Governor Rick Perry will have to call a special session to address any budgetary concerns.

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June 4, 2003
Wednesday 9:46:21 P.M. CST
Rio Grande Valley Receives Federal Funding

Congressman Rubén Hinojosa and the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) today announced the awarding of $1.5 million to fund the hiring of 20 law enforcement officers in two South Texas cities in the 15th Congressional District. The City of Weslaco and the City of Mission will each receive $750,000 to employ 10 new police officers for three years.

The Universal Hiring Program (UHP) is one of the key approaches developed by the Office of Community Oriented Policing Services to increase the number of police officers in communities across America.

 "A decade ago as crime was soaring, law enforcement officers were rushed from incident to incident. Today, citizens know the officers policing their neighborhoods. Officers and citizens are partnering to develop creative and innovative ways to deal with long-standing problems," said Hinojosa.

Funds awarded to law enforcement agencies by the COPS program provide up to 75% of the total salary and benefits of each new officer for three years, and a maximum of up to $75,000 per officer. State and local funds pay the remainder. All jurisdictions that receive funding must submit and adhere to a plan to retain COPS-funded officer positions for at least one complete budget cycle after federal funding has ended.
"In addition to funding law enforcement positions, the COPS program has been the catalyst for innovations in community policing and I am honored to be receiving 20 new officers who will be dedicated to working with and protecting our communities," said Hinojosa. Recent statistics indicate that departments that employ community policing serve 86% of American communities.

"I encourage every community to apply for federal funding to bring more law enforcement officers to our rapidly developing communities," concluded Hinojosa. Hinojosa worked with the City of Weslaco, the City of Mission, and officials in Washington to secure this grant.

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June 4, 2003
Wednesday 9:43:54 P.M. CST
What Do the Texas Lotto and Cocaine Have in Common?

To find out, click here.

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June 2, 2003
Monday 1:26:25 A.M. CST
It's Sine Die! God Bless Texas

They came. They prioritized. They earned their $600 per month. Now it's time for Texas lawmakers to go back home.
But before leaving town, lawmakers, lobbyists, and staff will celebrate their achievements or defeats at the traditional Sine Die bash at the Austin Club later tonight.  With plenty of free food and drinks available courtesy of the Texas lobby, the event promises to be a memorable one.  Afterall, the session was anything but boring.

Note some of the following highlights:

With no new taxes, the Texas Legislature managed to pass a balanced budget even though significant services to the elderly and poor will be cut and more than 10,000 state employees will join the unemployment lines.

Tort reform, a priority of Governor Rick Perry, passed and is expected to lead to lower medical malpractice insurance rates and likely put some trial lawyers out of business.

The ethics bill that was approved by the Texas House of Representatives will help assuage any criticism that an ethical politician is more than an oxymoron in Texas.

Homeowners and auto rates should begin to decrease with the passage of new legislation, though the industry and consumer groups are not happy.  

Forget the Texas Lotto.  Powerball may be coming to Texas.  Texans should enjoy a chance at winning $200 million jackpots.

Universities finally got what they had been asking for.  Tuition deregulation, with no sunset provision, will allow universities to charge more for the privilege of attending.

Health and human services received a major bureaucratic makeover.  The consolidation of services should lead to more savings.

Congressional redistricting was temporarily killed courtesy of the Killer Ds.  It could come back to haunt the Democrats in a special session.

The Top 10% college admissions plan authored by the late Representative Irma Rangel and publicly touted by President George W. Bush will remain the same after it was successfully filibustered in the Texas Senate.

Even though the regular session of the Texas Legislature ends today, the work still continues for some lawmakers and lobbyists until June 22, 2003.  That is the last day that Governor Rick Perry can sign or veto legislation.

Stay tuned to find out what bills actually become law.

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 MAY 2003
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May 21, 2003
Wednesday 11:30:13 P.M. CST
Conspiracy Theory

In an ordinary regular session, the talk among capitol insiders is what special interest wants certain legislation passed or killed.  However, this session has been anything but ordinary.  Instead of key public policy issues dominating the news, the talk under the dome is who ordered the Texas Department of Public Safety to destroy all public records relating to the investigation of the now infamous Killer Ds.  The records were destroyed the day before the House Democrats ended their walkout on May 14, 2003.

The Texas Department of Public Safety issued a statement saying that federal law allowed for the destruction of the information. Three House Democrats who submitted an open records request to the agency think that someone is hiding something.  In other words, the explanation by the agency does not pass the smell test.  Two legislative committees have already begun looking into the possibility of a full investigation.  

Some speculate that Speaker Tom Craddick was involved.  Earlier today, Craddick denounced the idea and issued the following statement explaining his role in the DPS investigation:

"On Monday, May 12, I issued a call on the Texas House of Representatives after 58 of the House’s 62 Democratic members failed to show for a quorum call.

As a result, in accordance with House rules and the Texas Constitution, I asked the House sergeant at arms to ask the Texas Department of Public Safety to find these absentee legislators and bring them in so that we could establish a quorum. We cooperated fully with the DPS, even offering space in a conference room adjacent to my office for a DPS emergency command center.

I did not direct the DPS search, nor did I interfere with it. I did not suggest strategy, but we did pass along rumors and tips as they were given to us. I did go into the command center on several occasions, but I was not involved in the activities and strategies therein.

I can only answer “No” to those of you who have suggested that I had a larger role, or who have asked for me to comment on the DPS operation. This issue, in my humble opinion, has been blown way out of proportion. There is no conspiracy here.

The Texas Department of Public Safety is a highly respected police agency. Its officers are smart and well trained. We turned this particular investigation over to them, and felt confident that if any of the missing members were still in the state of Texas, the DPS would find them and bring them back.

As it turned out, they found the missing members, at a Holiday Inn in Ardmore, Okla. But since the absentees had crossed the state line, they could not be forcibly brought back. DPS officers were dispatched to Ardmore to ask these members to return. The members refused.

By Tuesday afternoon (May 13), after we realized that at least 51 Democrats -- enough to continue to block a quorum -- were in Ardmore, I ended the call on the House. At that point, the DPS detail assigned to the House disbanded and went back to their usual business.

I’m afraid that those who are pursuing a conspiracy are drilling a dry well," concluded Craddick.

With two weeks left before the session ends, the plot has already thickened.  There is speculation that Travis County District Attorney Ronnie Earle may order a grand jury investigation to find out who is really behind the disappearing records.  

Stay tuned for Part II of this Texas drama starring the Killer Ds.

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May 15, 2003
Thursday 11:23:43 P.M. CST
House Democrats Are On the Road Again

With their red bandanas in hand courtesy of Willie Nelson, the House Democrats that governed in exile from the Holiday Inn in Ardmore, Oklahoma are heading back to the Lone Star State.  At approximately 10:45 p.m. the two charter buses departed the "Hotel Oklahoma."

At 12 midnight, the congressional redistricting bill that generated the walkout will die and be laid to rest.
Approximately 400 bills that were scheduled to be debated this week will also die.

In a sense, the walkout that generated national attention could be considered as the House Democrats' version of limited government.  Without a quorum, the Texas House of Representatives could not pass legislation that would expand the role of government in people's lives.  Some Democrats have indicated that they are willing to work with the Speaker to try to revive legislation that they consider important to Texans.    

Earlier today, Speaker Tom Craddick said that he will not allow members to suspend the House Rules to bring legislation back from the dead.  

“We’re not going to suspend those rules,” Craddick said. “We’ve never done it in the past. We’re not changing the rules.”

Craddick also said that the members he called "Chicken Ds" would not face any retribution from him.

State Representative Ron Wilson, an African-American Democrat from Houston who did not join the "Killer Ds" in Oklahoma, had a different opinion.

"If they come back and assume that everything's going to be hunky-dory, I think they're mistaken," said Wilson.

The Texas House of Representatives is scheduled to convene tomorrow at 9 a.m. and continue working throughout the weekend to try to pass a balanced budget and other key legislation.

Stay tuned for more coverage on this historic event in Texas political history.

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May 13, 2003
Tuesday 11:40:33 P.M. CST
Ardmore or Bust!

Tuesday was another day of inaction in the Texas House of Representatives.  Even though State Representative Helen Giddings (D-De Soto) was arrested and State Representative Al Edwards (D-Houston) returned voluntarily, the House did not have a quorum.  The 51 House Democrats, who were recognized today as honorary "Okies" by the Oklahoma Legislature, remained steadfast in their commitment to prevent the House of Representatives from considering congressional redistricting.

At a press conference today in Ardmore, State Representative Jim Dunham (D-Waco) sent U.S. Congressman Tom DeLay (R-Sugarland) a stern message: Don't Mess With Texas!  DeLay has been advocating changing congressional boundaries so that Republicans can have a 20-12 majority in the Texas Delegation.  

DeLay said that the House Democrats were engaging in conduct unbecoming of good Texas lawmakers.

"I have never turned tail and run," DeLay said. "Even when I'm losing, I stand and fight for what I believe. It's so Texas contrary," he said.

Even though Speaker Craddick is incensed at the walkout, Dunham told Craddick that the quorum bust was necessary to prevent Washington-style politics in the Lone Star State.

"This was not a challenge to your leadership," said Dunham in a prepared statement. "However, we cannot stand by as the agenda of the Texas Legislature is taken over and directed by the partisan interests of the Washington Republicans." At the end of the statement, Dunham tells the Speaker to instruct the Department of Public Safety to stop harassing and retaliating against the members' families.  

Meanwhile, Republicans continue to hammer the Democrats for their cowardice and childish behavior.

Susan Weddington, Chair of the Texas Republican Party, called the Democrats "cowards."

Texas Governor Rick Perry said  "Texas Democrats need to live up to their responsibility, their oath of office, which simply requires that they represent the people, in Austin, for 140 days every two years."

Perry urged the renegade Democrats to put Texas above politics.

"My Democrat friends, it's time to come back to work. There is still time to address the priorities of our people if you join your fellow legislators in a spirit of bipartisanship. At the end of the day, party and politics are secondary. Texas matters most," Perry said.

Even though Perry has the constitutional authority to call a special session on congressional redistricting, he has not indicated that he will.  However, if a budget is not passed by the Texas Legislature and certified by Comptroller Carole Keeton Strayhorn, a special session will be called.  

Strayhorn is expected to announce her revised revenue estimates this week before a final budget is produced.  Last week, Strayhorn said that sales tax revenues declined for the tenth consecutive month. If the deficit increases beyond $9.9 billion, lawmakers will be spending the summer in Austin (and hopefully not in the Sooner State).

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May 13, 2003
Tuesday 11:25:22 P.M. CST
Congressional Redistricting Bill Filed in Texas Senate

As the House congressional redistricting bill lies in its death bed, Texas Senator Chris Harris (R-Arlington) has quietly filed a redistricting bill in the Texas Senate.

To read the story, click here.

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May 12, 2003
Monday 11:02:12 P.M. CST
Some Missing Democrats are in Oklahoma

A large group of Texas Democrats has been located in Ardmore, Oklahoma.  The group is outside of the jurisdiction of the Texas Department of Public Safety and cannot be arrested.  Federal authorities may be called in to arrest and return the lawmakers back to Austin.

The Democrats have said they are ready to return if Speaker Tom Craddick removes congressional redistricting from consideration.  Craddick said earlier today that redistricting is non-negotiable.

The Democrats plan to hold a press conference Tuesday afternoon in Ardmore.

Stay tuned.

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May 12, 2003
Monday 10:20:12 P.M. CST
Beep! Beep!  Catch Me If You Can

Like the Coyote chasing the Road Runner, Texas Speaker Tom Craddick asked the Texas Rangers and state troopers to find the House Democrats who busted a quorum earlier this morning and brought government to a halt. Without 100 members present, key legislation, including congressional redistricting and bills related to balancing the state budget, will have R.I.P. written all over them if they are not passed by Thursday, May 15, 2003.  If the House does not convene, the current lawmakers that have been locked in after a "call" of the House was issued may soon be hymning the song Taps as the clock ticks away.

The missing Democrats issued a statement criticizing the DeLayization of the redistricting process and the iron fist treatment they have received from the Republican leadership in the Texas House.

Speaker Tom Craddick and Texas Governor Rick Perry did not take the actions very lightly.

In a prepared statement, Speaker Craddick said it was a "disgrace to run and hide."  After various sources labeled the missing lawmakers as "Killer Ds," Craddick had his own term for them - "Chicken Ds".

"That's not the process," Craddick told the Austin American-Statesman. "And I think the 'Chicken Ds' that did this ought to be ashamed of themselves today. And that's what they are, is a bunch of Chicken Ds."

Governor Rick Perry also issued a statement calling the Democrats "cowardly and childish."

“In my nearly 20 years of public service, I have never seen such a blatant abdication of responsibility,” Perry said.

The whereabouts of the lawmakers are unknown, but some speculate that they are in Oklahoma, New Mexico, and Mexico. If the lawmakers are out of the state, it may difficult for the Texas Rangers or state troopers to arrest them in areas that are beyond their jurisdiction.  Arrests warrants may have to be issued in another state.  Once arrested, extradition proceedings may have to be initiated.

Earlier today, Patricia Madrid, the Democratic Attorney General for New Mexico, responded to Texas Governor Rick Perry's request regarding arresting lawmakers in New Mexico.   She essentially told the Governor to handle this political matter internally.

"Some are speculating this request from the Texas Governor's office concerns an effort to locate missing Texas House Democrats," Madrid wrote. "If so, Texas should understand that since ski season is over, the Santa Fe Opera has not begun and President Bush was just in town, I don't think they are in Santa Fe now. Nevertheless, I have put out an all-points bulletin for law enforcement to be on the look out for politicians in favor of health care for the needy and against tax cuts for the wealthy," she said.

Bill Richardson, Bill Clinton's former Secretary of Energy, is the current governor of the Land of Enchantment. It is doubtful that he will help Rick Perry find the missing lawmakers.

The Texas Department of Public Safety has asked Texans to call 1-800-525-5555 with any information leading to the arrest of the representatives who have been described as "patriots" and "principled" by their supporters.  Unfortunately, there is no reward for turning in the elected leaders.

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May 12, 2003
Monday 1:19:12 A.M. CST
New "Killer Bees" Plan to Sting House Republican Leadership

The San Antonio Express-News is reporting in its Monday edition that several House Democrats have gone into hiding to prevent a quorum from being established in the Texas House of Representatives as it begins to debate congressional redistricting.  Without 100 members present, the House will be at a stand still.

"I guess we will be called obstructionists, or maybe worse. But we are making a statement. If this is going to be the only way to stop bad legislation from being rammed down our throats, then so be it," an unnamed South Texas legislator said.

The Texas Rangers or state troopers with the Texas Department of Public Safety may be ordered to find and forcibly bring back the lawmakers so that a quorum may be established.

Time is a lawmaker's worst enemy.  The lack of a quorum only makes matters worse since all bills must be considered on second reading by Thursday, May 15, 2003.  If a quorum cannot be established by then, congressional redistricting and other legislation will die this session.  

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May 7, 2003
Wednesday 9:49:16 P.M. CST
Raymond Files Civil Rights Complaint Regarding Congressional Redistricting

The following statement is printed in full as a courtesy to readers of The Lege.

"Today I am filing a formal complaint with the United States Department of Justice detailing voting rights and civil rights violations under the Minority Language Requirements of the Voting Rights Act.

First, I want to say that I have great respect for this House and my colleagues. When I was first elected, I couldn't imagine a day like this would come. However, I have an absolute obligation to demand that the rights of my constituents be honored, and an even greater respect for those who fought to secure those rights, many of whom served in this Capitol.

I am taking this action on behalf of myself and my constituents because I believe the conduct of the current congressional redistricting process has violated my civil rights, as well as the voting rights of Hispanics in the State of Texas. During that process, I have requested field hearings around the state, including areas with large concentrations of non-English speaking Texans like my district in Laredo. With one voice, Hispanic and African American citizens, legislators, and advocacy groups have also requested meaningful public input into this redistricting process through a series of field hearings.

Many Texans have contacted me to express outrage at the comments made during a committee hearing by House Redistricting Committee Chairman, Rep. Joe Crabb, in response to my request.

Chairman Crabb responded by saying: "Mr. Raymond, there are only two people that I know of on the committee that speak Spanish. The rest of us would have a very difficult time if we were out in an area other than Austin or other English-speaking areas to be able to have committee hearings or to be able to converse with people that did not speak English."

That type of blatant hostility to Hispanic voters is a clear violation of the Voting Rights Act and is only one obvious example of the pervasive discrimination against the rights and interests of minority citizens in Texas

The complaint specifically addresses the conduct of the Chairman and actions of the committee that denied me the opportunity to fully and equally participate in committee deliberations on behalf of my constituents, the redistricting committee's failure and refusal to follow its traditional practice of holding public field hearings throughout Texas, and the failure to publish redistricting committee notices and other important information in Spanish."

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May 6, 2003
Tuesday 10:07:36 P.M. CST

Escobar Wins in District 43

Juan Escobar (D-Kingsville) defeated James Matz (R-Palm Valley) to fill the unexpired term of the late State Representative Irma Rangel, who died of brain cancer on March 19.

With 100% of the precincts reporting, Escobar received 5,363 votes (62.6%).  Matz received 3,209 votes (37.4%).  Matz received more votes than Escobar in Cameron County, which has the biggest population in the district.  More than 50,000 residents in District 43 live in Cameron County.  In Cameron County, Matz received 2,197 votes (71.33%) and Escobar received 883 votes (28.66%).  Escobar was able to offset the loss of Democratic support in Cameron County by winning Brooks, Jim Hogg, Kleberg, Kenedy, and Willacy Counties.  Interestingly, on a per county basis, Brooks (957) and Kleberg (1,879) Counties turned out more Democrats than Cameron County.  Cameron County just edged Willacy (870) and Jim Hogg Counties (726).  Escobar received 48 votes in Kennedy County.

Out of the total 5,363 votes Escobar received, 67% were from the northern part of the district (Kleberg, Brooks, Kenedy and Jim Hogg). Escobar received only 33% of the Democratic votes in Willacy and Cameron Counties, which make up more than 66% of the district.  District 43 has just over 131,000 people.   

The low voter turnout may have been due to the timing of the election and voter apathy.  However, Republicans may field another candidate for the general election in November 2004.  With a President from Texas at the top of the ticket, the dynamics in District 43 will change.  During the last general election in November 2002, Republican candidate Ed Cyganiewicz received more votes than Escobar and Matz combined!  In that race, Cyganiewicz received 9,319 votes even though he was defeated by Rangel who received 14,940 votes.  

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 APRIL 2003
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April 30, 2003
Wednesday 9:42:56 P.M. CST

Strayhorn Blasts "Smoke and Mirrors" Senate Budget

Comptroller Carole Keeton Strayhorn means what she says and says what she means.  Last week, House leaders got an earful for failing to produce a balanced budget. Today, Senate leaders were chastised for producing an illusionary budget that shortchanges Texas taxpayers.

"The proposed budget is riddled with one time payments, delays, deferrals and seriously raids the Rainy Day Fund. God help us if there is a true emergency in this state. The Legislature leaves enough money in the Rainy Day Fund to run state government for two days and ten minutes; after that, who is going to pay the teachers, guard the prisons, and build the roads?" Strayhorn asked.

Strayhorn was also very critical of a budget provision that requires her to make budget cuts if she does not certify the budget.

"None of us can abdicate our responsibility to the people of Texas. I believe this would be an unconstitutional delegation of authority from the Legislature to the executive branch. Chairman Heflin removed a similar provision from the House version of the budget. Spending decisions are clearly and emphatically the provenance of the Legislature; ensuring a pay-as-you-go budget--no deficit spending--is mine," said Strayhorn.

"We cannot mortgage Texas' future on the backs of our children and our children's children. This June 2003, I hope to have a budget in hand that I can certify as meeting the letter and spirit of the constitution that requires state government to live within its means," concluded Strayhorn.

The Senate budget is expected to be rejected by the Texas House of Representatives next week.  A conference committee of 10 members (5 Senate, 5 House) will then be appointed to produce a final budget.  If the conference committee fails to produce a budget that can be certified by Strayhorn, a special session may be necessary.

Strayhorn has yet to revise her revenue estimate as she has done in prior sessions.

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April 30, 2003
Wednesday 9:22:35 P.M. CST

Deshotel:  Tuition Deregulation is Taxation Without Representation

If you are student, get ready to pay.  Late Tuesday night, the Texas House of Representatives gave preliminary approval to House Bill 3015, which would deregulate university tuition.

Representative Joe Deshotel (D-Beaumont) and other lawmakers were very critical of the bill.

“This is not a ‘free market’ bill; this is a bill that would tax our middle-to low- income students. This amounts to taxation without representation because an appointed Board of Regent can take up to 15% of the tuition paid and put in a fund to aid other students, outside of the states control or oversight,” said Deshotel.

Even though a sunset provision was added as protective measure, it did not allay concerns that the universities would continue to remain affordable.

“This is the first step in privatizing our public colleges and universities,” said Deshotel.

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April 30, 2003
Wednesday 9:12:45 P.M. CST

Congressional Redistricting: Take Two

While the Capitol police are trying to determine who stole the hardcopy of the secretive redistricting map proposed by U.S. Congressman Tom Delay (R-Sugarland), the general public can now view the redistricting map (Plan 01163C) that will be considered by the House Committee on Redistricting on May 2nd and 3rd.

To view the map, click here.

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April 29, 2003
Tuesday 11:02:22 P.M. CST

Whey!  Tort Reform, School Finance, and the Budget in One Day

As the clock ticks toward June 2nd, the three biggest issues facing the Texas Legislature will be discussed in one day.

Tomorrow, Senator Bill Ratliff, Chair of the State Affairs Committee, is expected to unveil his version of House Bill 4, the controversial tort reform passed by the Texas House of Representatives.  Business and consumer lobbyists are waiting to see if Ratliff, referred to as Obi Wan Kennobi by his colleagues because of his calm temperament, will side with "The Force," "The Darkside," or neither.  Ratliff has already publicly said that he has reservations capping damages at $250,000, punishing plaintiffs when they don't settle early with defendants, and amending the constitution.  Texans for Lawsuit Reform and the Texas Trial Lawyers Association, the two major special interest groups in the tort reform debate, have undoubtedly greased the spin machine and will likely launch sound bite salvos once Ratliff makes the bill public.

Lieutenant Governor David Dewhurst is keeping his word on school finance.  Even though Texas Governor Rick Perry plans to call a special session on school finance, Dewhurst believes that the issue should be addressed by the current Legislature.  Tomorrow, he will unveil a bill that incorporates his vision of how public schools should be financed in Texas.  In anticipation of tomorrow's unveiling, Texas House Speaker Tom Craddick announced the establishment of the Select Committee on Public School Finance.  The committee will be charged with studying options to reform the current "Robin Hood" finance scheme.  The committee's focus will be on "equity" and not "adequacy" of funding in the public school system.

Comptroller Carole Keeton Strayhorn, Texas toughest grandma, is holding a press conference tomorrow at 12:30 p.m. at the Lyndon Baines Johnson State Office Building to discuss the budget.  There is no specific agenda; however, those who plan to attend may want to bring some Tums or Pepto Bismol.  Last week, Strayhorn informed the Texas Legislature that the budget passed by the Texas House of Representatives was $2.9 billion short.  Strayhorn may revise her revenue estimate to give budget conferees a realistic picture of the economic condition in the Lone Star State.

Stay tuned for updates.

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April 24, 2003
Thursday 9:18:54 P.M. CST

Oops!  House Budget Missing $2.9 Billion

Comptroller Carole Keeton Strayhorn told lawmakers today that the two budget bills recently passed by the Texas House of Representatives to address the estimated $9.9 billion deficit was short $2.9 billion.

Last week, the Texas House of Representatives had bitter, partisan fights over House Bill 1 and House Bill 7.  House Bill 1 is the $117 billion budget for the 2004-2005 fiscal years, beginning September 1.  The deficit for those fiscal years is estimated to be $8.1 billion. House Bill 7 was passed to offset the $1.8 billion deficit for the current fiscal year, which ends August 31, 2003.

"After carefully poring over the recently passed House budget, we have determined that House Bill 1 and House Bill 7 have a combined shortfall of $2.9 billion. A team of my budget experts met with the staff of the Legislative Budget Board this morning and we are roughly in agreement over what the shortfall is," said Strayhorn.

"I'm announcing this today as part of my pledge to keep the Legislature and the people of Texas informed of any new information regarding our state's budget as soon as I learn about it," continued Strayhorn.

Strayhorn's announcement shocked Representative Vilma Luna (D-Corpus Christi), Vice-Chair of the Appropriations Committee.

"I'm totally taken aback, did not see that, didn't know that was coming," Luna told the Austin American-Statesman of Strayhorn's findings. "That's why we didn't go any bigger than we had (in the budget) because we had really tried to make sure we were working within what we thought were her parameters."

Even though Strayhorn was critical of the budget plan, she did praise lawmakers for making a good effort to control spending.

"While I am concerned about the House's proposal to delay payments to the Foundation School Fund, for the most part, their efforts are straight forward and reflect a desire to keep the lid on state spending with real cuts and efficiencies, rather than bookkeeping tricks and financial shenanigans like one-time payments for ongoing programs. This is an ongoing process and the House is working hard to identify additional revenue streams to fill in the budget without resorting to calls for higher taxes," said Strayhorn.

The Texas Senate is expected to pass its version of the budget tomorrow.  A conference committee will then try to resolve the differences.

In the next few weeks, Strayhorn is expected to revise her revenue estimate to reflect the true fiscal condition of the Lone Star State.  Some lawmakers expect that Strayhorn will announce that the real deficit is somewhere between $12 and $15 billion.

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April 24, 2003
Thursday 8:59:44 P.M. CST

Take Out the Crayons: Congressional Redistricting Back on the Table

One day after Texas Attorney General Greg Abbott issued an opinion advising the Texas Legislature that redrawing congressional districts was discretionary, U.S. Congressman Tom Delay (R-Sugarland) called on lawmakers to take on the task.  Speaker Tom Craddick said he would support redrawing congressional districts and would leave it to the will of the House to determine if a bill passes.

"We are ... calling on the legislature to do their job, to ask them to assume their responsibilities that the Constitution gives them and draw the line to properly reflect what Texas is all about," DeLay told the Associated Press.  Delays also wants to redraw the seats to increase Hispanic representation in the congressional delegation.

"Republicans in this state are the majority party on every level except the congressional delegation," DeLay said. "More than 56, almost 57 percent of the Texans in this state in the last election voted for a Republican running for Congress, yet we only have about 45 percent of the seats. Why? Because of the way the lines are drawn, no other reason than the way the lines are drawn."

Not everyone agrees with Delay and Speaker Craddick that congressional redistricting needs to be addressed this session.

Representative Mike Villarreal (D-San Antonio), Vice-Chair of the House Redistricting Committee, said that changing the lines would be a "crime."   "(DeLay) is correct to identify that we have a Hispanic interest to serve by redistricting, but his solution I disagree with," Villarreal said. "Do we gain Hispanics at a loss of five representatives who would vote for the Hispanic interests? I can do the math."

Representative Richard Raymond (D-Laredo) another member of the Redistricting Committee was very suspicious of Delay's commitment to redraw the congressional lines.

"Hispanic and African American leaders understand that Tom DeLay is not pushing to change congressional district lines for our benefit," said Raymond.

Even if the bill passes the Texas House of  Representatives, it may eventually die in the Texas Senate.  Several Senate Democrats and Republicans have already said that there is no pressing need to address redistricting.

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April 24, 2003
Thursday 8:45:26 P.M. CST

Robin Hood Still Breathing

A bill to change the current school finance system, dubbed "Robin Hood" by critics, was procedurally delayed earlier today when a point of order was called by Representative Ron Wilson (D-Houston), a co-author of the bill.  Wilson noted that House Bill 5 did not comply with House Rules because a witness did not sign an affirmation form as required before testifying.  

Speaker Tom Craddick sustained the point of order and recommitted the bill to committee.  The bill is expected to be considered by the full House of Representatives next week.

A special session is expected later this year to address school finance.

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April 24, 2003
Thursday 8:20:13 P.M. CST

Texas Attorney General Sues Kid-Care

Texas Attorney General Greg Abbott sued Kid-Care of Houston, three of its officers and an affiliated nonprofit corporation today to bring an end to gross mismanagement and waste of charitable dollars meant to feed the hungry children of the city. A temporary restraining order granted by Travis County District Judge Patrick Keel this morning has resulted in the freezing of charitable assets in several bank accounts, pending a hearing for temporary injunction on May 5.

The suit names individually, and in their official capacities representing the charities, Executive Director Brad Levy and board members Carol Porter and Hurt Porter, Jr. The organization, incorporated in 1991, claims as its mission the feeding and care of children of indigent families through a "community-based approach to ending hunger."

Kid-Care received over $1.3 million in private donations in 2001, and the Kid-Care Food Program Inc. receives grant funding - some $1.5 million in reimbursements over the past three years alone - cooperatively from the U.S. Department of Agriculture and Texas Department of Human Services. Today's asset freeze will not impair the operation of the related food program.

"By bringing this suit, my office will shine a light on what amounts to a gross violation of the public trust," said Attorney General Abbott. "We have records from this organization showing hundreds of thousands of dollars in credit card expenditures for personal enjoyment or benefit, all of which should have been allocated to the needy children this group claims to help."

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April 23, 2003
Wednesday 10:20:13 P.M. CST

Peña:  House Budget Ignores Demographics in Texas

State Representative Aaron Peña (D-Edinburg) has forewarned his legislative colleagues that the budget passed last week by the Texas House of Representatives ignores the needs of the emerging majority-minority in Texas. Peña said that instead of uniting Texas, the House budget will balkanize Texans and produce catastrophic social consequences.   

During the budget debate, Peña cited the findings of Steve Murdock, a demographer who co-wrote a report titled,  "The Texas Challenge in the Twenty-First Century: Implications of Population Change for the Future of Texas."  The report builds on a book that was published during the 1990s and debated by the Texas Legislature.  Based on current demographic trends, Hispanics will become the new majority-minority in Texas by 2026.  However, some of the services that have been cut in the House budget directly impact Hispanics.

“This research by the state's leading demographer is being completely ignored by this budget,” Peña said. “We should be investing in the education and development of our younger population rather than making the deep cuts, which are evident in this budget. “How can we allow the dismantling of our public education system and still hope to address the clear warnings of Murdock's findings?” Peña continued.

“This (budget) is wrong,” Peña said. “It is wrong for the people I represent. People like me and who represent people like me understand that Texas is changing. Murdock warns about the dire consequences we will suffer if we, as legislators, ignore the signs of where the state is going.”

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April 22, 2003
Tuesday 8:30:23 P.M. CST

Ratliff:  Raise Taxes to Protect Texas' Priorities

Texas Senator Bill Ratliff (R-Mt. Pleasant), former Lieutenant Governor and Chairman of the State Affairs Committee, heavily criticized the budget plan passed by the Texas House of Representatives last week.  Speaking to a group of school administrators in his district, Ratliff said, "There's not any way in the world that I could ever support a budget like the House passed out."

Ratliff was especially critical that the budget cut funding for new textbooks and reimbursements for teacher health insurance. Texas schoolchildren currently use textbooks that list Ann Richards as the Governor of Texas.  Ann Richards was defeated by George W. Bush in 1994.

To help fund Texas' priorities, Ratliff spoke of the politically unpopular "t" word.

"If we need to raise more taxes to provide public education or protecting a few neglected children of this state, to keep people in nursing homes, then I'm prepared to do that."

Texas Governor Rick Perry, Lieutenant Governor David Dewhurst, and House Speaker Tom Craddick oppose raising new taxes.

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April 22, 2003
Tuesday 8:19:45 P.M. CST

Perry Calls for Limited Spending

Texas Governor Rick Perry today called on Texas lawmakers to practice disciplined spending while avoiding tax hikes and budgetary gimmicks when balancing the state's budget.

“With few complaints, Texans have been generously footing the bill to fund bigger government for the last three decades,” Perry said. “Now, Texas taxpayers are saying enough is enough. If our families can reduce expenditures to make ends meet, why shouldn't government?”

“The choice facing Texas is simple,” Perry added. “Control spending, or raise taxes to satisfy a growing spending habit. I believe we must keep spending under control and taxes low.”

“When times are tough, there is no better solution than restrained spending,” Perry said. “It doesn't mean you won't pay the mortgage or the car payment, but it may mean no cable TV or bringing lunch to work.”

As an example of what he called undisputed core priorities, Perry pointed out that nearly $50 billion in the current budget cycle goes to public and higher education. In addition, $39 billion goes to health and human services with $10 billion for transportation projects, and $8.4 billion for criminal justice and public safety.

Perry also warned against budget tricks such as “payment deferrals” which allow the government to push expenditures into the next budget cycle and raiding the state's Rainy Day Fund for ongoing expenses.

“Legislators must hear a clear message from the kitchen tables and countertops of our families and small businesses: Invest wisely and spend what you can afford, but not one cent more,” Perry said.

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April 22, 2003
Tuesday 7:56:19 P.M. CST

Life Without Parole Bill Gets Procedural Ax

Senator Eddie Lucio's (D-Brownsville) bill to allow juries to consider the possibility on sentencing someone to life without parole was procedurally axed by the Texas Senate.  Lucio could not get the necessary 21 votes to bring the bill up for consideration.  The vote was 19-12.

Last session the bill passed the Texas Senate, but it died in the Texas House of Representatives.

"I believe it gives Texas juries the ability to keep dangerous criminals off our streets forever," said Lucio, who said he supports the death penalty.

Lucio does not believe he has the  21 votes necessary to bring up the bill for consideration again.

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April 22, 2003
Tuesday 7:53:34 P.M. CST

May 6 Run-off in District 43

The run-off election for House District 43 will be held on Tuesday, May 6.  The election will be held three days after local elections are held in the Rio Grande Valley and one day after the district's residents celebrate Cinco de Mayo.

Juan Escobar, a Hispanic Democrat from Kingsville, and James Matz, a 65-year-old  Anglo Republican from Palm Valley, will be competing to fill the late Irma Rangel's district seat.  Rangel died of cancer last month.

In the special election held on April 15, Escobar only got 16 more votes than Matz even though Rangel, a Democrat, garnered 62% of the vote in the last General Election.

Early voting will begin Monday, April 28.  The final day for early voting is Friday, May 2.

Brooks, Jim Hogg, Kenedy, Kleberg and Willacy counties and part of Cameron County comprise District 43.

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April 22, 2003
Tuesday 7:50:09 P.M. CST

Raymond Requests Controversial Redistricting Maps

The following letter is printed in its entirety as a courtesy to readers of The Lege:


April 22, 2003


The Honorable Joe Crabb
Chairman, House Committee on Redistricting
P. O. Box 2910
Austin, Texas 78767

Mr. Chairman,

As you know, I feel very strongly that the 78th Legislature has no business taking up congressional redistricting.  Furthermore, as a matter of principle, changing Texas congressional districts should not be undertaken without significant public input from the voters whose representation would be affected, a belief I have made clear in the committee process and on the House floor.  I certainly hope that the fact that no additional meetings or hearings of the Redistricting Committee have been posted indicates that you realize this issue should not be dealt with at this late date in the session.

However, the enclosed press reports from late last week raise concerns that a new congressional redistricting plan is being hatched behind closed doors.  These articles, which describe a bizarre congressional map that was drawn by Tom DeLay and sent down to Austin, contain several inconsistencies that I find extremely troubling.

Mr. Chairman, at our last committee hearing, when I asked if you had spoken to Mr. DeLay or received a map from him, you said you had received no maps and had spoken only to a fellow named Ellis from DeLay's office.  In the enclosed press reports, a Mr. Jim Ellis, speaking for Mr. DeLay's PAC, responded to questions about one DeLay-drawn plan by saying they have sent ten maps down to Austin.   A spokesman for Speaker Craddick indicated they don't have the plans, but the Speaker said he had already rejected“one”, referring to the DeLay plan that has become public, because it placed Midland and Odessa in different districts.

Mr. Chairman, if you don't have these maps, who does?  Does the Speaker have other DeLay plans? Are there ten DeLay plans?

Mr. Chairman, I understand how the Speaker feels.  I don't like that plan either, because it needlessly splits Webb County.  I'm sure some folks don't like Nueces County being split, or Hidalgo County being split three ways, or splitting the core San Antonio Hispanic community three ways, or African Americans in Tarrant County being split into three districts, or one district running from Galveston almost to Texarkana.  

And that's my point.  With all due respect, this process should not be about what Mr. DeLay likes or the Speaker likes.  Those pushing for a new Congressional map should do so in the light of day.  

On the House floor last week, I offered an amendment to HB 7 to provide funds for hearings around the state should congressional redistricting be considered.  On a virtual party line vote, my amendment was tabled, over the objections of African American and Hispanic members who voted with me almost unanimously.  Perhaps we don't believe the media spin from Mr. DeLay's spokesman that they secretly have our interests at heart when suggesting redistricting changes.

It is clear from conversations on the House floor that someone is showing proposed plans to some members.  Deciding who represents Texans in Congress is the voters' business, it's not just another House Bill to be developed behind closed doors and rammed through the process.

Mr. Chairman, I am formally requesting that you obtain copies of all the plans Mr. DeLay is suggesting and provide them to the members of the Redistricting Committee.

Sincerely,

Richard Raymond

cc:  The Honorable Tom Craddick, Speaker of the House
      Members, House Committee on Redistricting

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April 20, 2003
Sunday 12:00:00 A.M. CST

Strayhorn's Golden Egg

It's Easter in Texas and the Texas Legislature is praying for a magical golden egg that can solve Texas' economic woes. Unlike previous legislative sessions, the legislative egg Comptroller Carole Keeton Strayhorn will deliver to the Texas Legislature later this month or early May will be less than golden. If all economic indicators are correct, it will probably be a little bit rotten.

Before the Texas Legislature finalizes the budget each legislative session, the Comptroller revises her revenue estimate to provide lawmakers with a true picture of Texas' economic condition.  Comptroller Strayhorn has already promised to “tell it like it is” and urged lawmakers to tighten another notch in the legislative belt.   In the past, lawmakers relied on a positive revenue estimate to fund special projects in the Texas budget.  However, this year, the decline in sales tax revenue, the sputtering economy and limited consumer spending has created a recipe for a deficit disaster.

Some lawmakers anticipate that the deficit is more than the $9.9 billion Strayhorn anticipated earlier this year.  The true deficit, according to some capitol insiders, is between $12 and $15 billion.  The Texas House of Representatives has already passed a budget prioritizing spending on the assumption that the deficit is $9.9 billion.  The Texas Senate has yet to vote on a budget.  In all likelihood, the Senate budget will not mirror the one passed in the House.  A conference committee of Senate and House members will make the final revisions and produce a budget before June 2nd, if there are no last minute surprises.  An announcement by Strayhorn that the deficit is worse than originally thought could complicate matters for Texas lawmakers who are trying to avoid a special session on the budget.

Before any budget is implemented, Strayhorn has a constitutional duty to certify the amount of revenue available.  If lawmakers do not produce a budget that addresses the true deficit, Strayhorn may oppose it and lawmakers will be back in Austin debating cuts in services, employee layoffs and non-tax revenue options.  Because of her authority, Strayhorn is in a position to influence the final budget.

Strayhorn has already told lawmakers that the $1 billion Rainy Day Fund is off limits, even though some lawmakers feel that Texas is facing a monsoon and the money must be used.  Without new revenue sources, creative accounting techniques may be used to create a perception that the budget has been balanced in the Lone Star State.  Texas Governor Rick Perry has already said he opposes “sleights of hand” to balance the budget.  Instead, the Governor feels that the anticipated revenue stream is enough to meet the basic needs of Texans.  Special interest groups for the poor, elderly, and disabled beg to differ.

Texas' toughest grandma has not set a date for her announcement.  When she does, all of Texas may be in for a big surprise.

God Bless Texas!

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April 9, 2003
Wednesday 7:05:10 P.M. CST

Texas House Adopts Rule Governing Budget Debate

Pursuant to House Rule 3, Section 4(2), and House Rule 6, Section 16(f), Representative Beverly Woolley (R-Houston), Chair of the Calendars Committee, moved to adopt the following rule governing floor consideration for the House Appropriations Bill (CSHB 1):

Section 1. All original amendments that will be offered during second reading consideration of the bill must be filed with the chief clerk not later than 12 p.m., noon, Saturday, April 12, 2003.

Section 2. (a) During second and third reading consideration of the bill, an amendment that adds or increases an item of appropriation is not in order unless the amendment contains an equal or greater reduction in one or more other items of appropriations in the same article from the funds or funds against which the appropriation is to be certified.

(b) This section does not apply to an amendment that makes an adjustment in an item of appropriation solely to correct a technical clerical error.

The motion prevailed without objection.

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April 8, 2003
Tuesday 7:45:10 P.M. CST

Comptroller Strayhorn Draws Line in the Sand

Texas' toughest grandma sent the Texas House of Representatives a strong message today:  No way, Jose!

Comptroller Carole Keeton Strayhorn, the most powerful woman in Texas government, opposes the means used by House budgeteers to offset a $9.9 billion dollar deficit.

"Legislators have their responsibilities and I have mine," Stayhorn said.  

"I have repeatedly expressed my concerns about raiding the rainy day fund, one-time funding sources, and delaying payments. When it gets down to 'licklog' time--certifying the budget--I will not abdicate my responsibility. I will be one tough grandma watching out for Texas."

By law, Strayhorn must certify the budget before it becomes effective.

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April 8, 2003
Tuesday 7:38:54 P.M. CST

More Grim Budget News

Comptroller Carole Keeton Strayhorn delivered more bad news to the Texas Legislature.

She told the Texas Legislature today that sales tax revenue collection is down for the ninth consecutive month. Sales tax collections are down nearly $207 million or 2.5 % percent, as compared to the same period last year.

"I am well aware that this isn't the good news the Legislature has been hoping to hear as they continue to struggle with the $9.9 billion budget shortfall I predicted in January," Strayhorn said. "I wish the news were better but, unfortunately, our Texas economy remains weak and there is no turnaround in sight."

"Like countless hardworking Texas families, state government must tighten its belt and live within its means," Strayhorn said.

Strayhorn will continue to provide the Texas Legislature with updated reports and will "tell it like it is."

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April 8, 2003
Tuesday 7:33:22 P.M. CST

Texas Association of Business Loses Court Battle

State District Judge Mike Lynch issued an order today denying a motion to quash grand jury subpoenas filed by the Texas Association of Business.  Grand jury questioning will proceed with conditions.  

To read the story, click here.

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April 8, 2003
Tuesday 7:31:14 P.M. CST

Governor Must Release Budget Papers

Texas Attorney General Greg Abbott issued an open records ruling requiring Texas Governor Rick Perry to release his budget papers.  

To read the story, click here.

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April 7, 2003
Monday 9:35:13 P.M. CST

House Budget Bill Passes Without Unanimous Committee Support

The House Appropriations Committee passed HB 1 without unanimous support from the committee members.  State Representatives Joe Deshotel (D-Beaumont) and Richard Raymond (D-Laredo) voted against it because of the huge budget cuts.

Representative Richard Raymond issued the following statement:

"This is not the first time I serve on the appropriations committee.  This is, however, the first time I vote NO on the bill as passed by the committee.

I could not vote to endorse a bill with cuts primarily hurting children, seniors, individuals with disabilities, pregnant women, as well as teachers and all school employees.

I was willing to reduce spending in other areas of the state budget so we could prevent cuts in Medicaid, CHIP (Children’s Health Insurance Program), teacher and school employees insurance, as well as other public education and higher education programs which are vital to Laredo and the entire state.

Although many of us fought to add nearly $3 billion for Medicaid, CHIP, and some important educational initiatives, the final bill is still unacceptable.

Some of the effects of HB 1 are:

$90 million will be cut from prenatal care and the subsequent costs of giving birth
56,000 elderly and disabled will no longer receive community care  
Over 256,000 children still will be cut from the CHIP program
Elimination of the Breast and Cervical cancer program for women
A reduction of the state share of health insurance from $1000 down to $500 for teachers and $1000 down to $300 for other full time employees.   Part time employees will only get $200.
Over 128,000 individuals will not receive eyeglasses, and over 5,500 will not receive hearing aids.
Almost  5,000 individuals will lose state-funded long term and community care assistance.
Cuts that will result in the closure of one state hospital and one state school.

I will continue to try and make this a better bill, when it reaches the floor of the house.  I also hope the Senate can improve it.  As it stands right now, however, as a member of the House Appropriations Committee, I am strongly opposed to HB 1, the House Appropriations bill for fiscal years 2004 - 2005."

Debate on HB 1 is expected early next week.  

The Texas Senate has yet to approve its budget. Since differences are likely to exist between the House and Senate budgets, a conference committee will resolve the differences.  A final budget will be ready by late May.

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April 7, 2003
Monday 9:30:24 P.M. CST

Attorney General Offers New Child Support Service

Texas Attorney General Greg Abbott today announced a new service that allows non-custodial parents to obtain specific information about their child support case 24 hours a day, seven days a week by calling the agency's toll-free automated voice response system at 1-800-252-8014. With one phone call, non-custodial parents can obtain a record of their last four child support payments, dates and locations of pending court hearings, dates of service on current legal actions, availability of genetic test results, and amount due for current and past-due child support.

"I want non-custodial parents to know about this new service that allows them to quickly access important information on their child support case," said Attorney General Abbott. "We are here to help families, and providing this vital information with one phone call makes life a little easier for the parents that we serve."

In addition to obtaining case-specific information, a service already available to custodial parents, callers to the Attorney General's automated voice response system can get basic information about child support and apply for services. The telephone system receives more than two million calls a month from custodial and non-custodial parents, the general public, and employers of parents who pay child support through income withholding.

Last year the federal government recognized the Attorney General's Child Support Division for maintaining one of the best statewide child support automated telephone systems in the nation known for superior content, accessibility and ease of use.

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 MARCH 2003
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March 30, 2003
Sunday 10:00:15 P.M. CST

Affirmative Action or Affirmative Access?:  Equal Opportunity in 21st Century America

To read the article, go to the Capitol Spotlight.

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March 27, 2003
Thursday 10:25:10 p.m. CST

Plausible Denial  in the Texas House

The latest controversy swirling in the Texas Capitol is the alleged quid pro quo offer made by Appropriations Chairman Talmadge Heflin (R-Houston) to three El Paso lawmakers  According to a story in the El Paso Times, Heflin allegedly offered $5 million in state funding for a medical school in El Paso in exchange for votes on the controversial tort reform legislation currently pending in the Texas House of Representatives. Republicans and tort reformers have the necessary votes to pass the bill, but not the constitutional amendment.  The amendment requires 100 votes.  Republicans currently have at least 88 votes secured.

Freshman lawmaker Chente Quintanilla (D-El Paso) told the Times that the offer was made. When asked about the offer, Heflin said, "I don't know what you are talking about."

Republican House Speaker Tom Craddick issued a statement Thursday cautioning that "these are allegations, not facts."

"They are, however, serious allegations and, if they are true, I don't condone such behavior," Craddick said. "On the other hand, a certain amount of horse-trading occurs naturally as part of the legislative process. At times, what might seem fair to one member is foul to another."

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March 27, 2003
Thursday 10:20:12 p.m. CST

Texas Attorney General Opposes Gay Divorce

Texas Attorney General Greg Abbott Wednesday asked a Beaumont district court judge to set aside a recent decision granting a divorce to two men who wished to end their civil union established in Vermont last year.

Attorney General Abbott wrote in a court filing that Texas law does not provide for a dissolution of a civil union, and a divorce cannot be granted where a marriage never existed.

Texas law does not provide for civil unions, and recognizes marriage as a legal union of one man and one woman. Vermont law recognizes a civil union as a legal relationship between two persons of the same sex. Under Vermont law, a marriage is a legally recognized union of one man and one woman.

"Because these two men were never married under either Vermont or Texas law, they cannot legally petition for divorce under the Texas Family Code," Attorney General Abbott said. "The court's final decree of divorce is void as a matter of law."

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March 19, 2003
Wednesday 6:45:10 a.m. CST

Representative Irma Rangel Dies of Cancer


State Representative Irma Rangel (D-Kingsville), the first Mexican American woman elected to the Texas House of Representatives, died early yesterday morning after a long battle with brain cancer.  She was 71.  

The Texas House of Representatives honored her memory by passing HR 518, which chronicled some of the highlights of her legislative career.

State Representative Pete Gallego (D-Alpine), chair of the Mexican American Legislative Caucus, said that her death represented the "end of an era."  Various leaders reacted to her death with grief and sorrow.

"Since 1977, Irma Rangel has represented her constituents with a fervor unrivaled among her counterparts in the Texas House," Texas Governor Rick Perry said. "Passionate, dedicated and determined, Irma Rangel gave tirelessly of herself. I was lucky to have called her a friend, but more importantly, all of Texas benefited from her 26 years as a dedicated public servant. Anita and I mourn with her family on the loss of this truly great Texan."

The funeral arrangements are as follows:

A rosary will be held at 7 p.m. on Thursday, March 20, 2003 at the Mission Funeral Home, 1615 E. Cesar Chavez St., Austin, Texas 78702.

A mass will be held at 10 a.m. on Friday March 21, 2003 at Our Lady of Guadalupe Church, 1206 E. 9th St., Austin, Texas.  There will be a walking procession from the church to the Texas State Cemetery, 909 Navasota St., Austin, Texas 78702 immediately following the mass.

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March 13, 2003
Thursday 9:35:19 p.m. CST

Miguel E. Strikes Out Again

Senate Republicans and President George W. Bush have something in common:  They're both having problems getting votes.

For the second time in a row, Senate Republicans have failed to get 60 votes to end the filibuster against Miguel Estrada. Estrada, a Honduran immigrant with impeccable credentials, would be the highest ranking Hispanic federal judge if he is ever confirmed.  Democrats have vowed to block his nomination because he is considered to be a stealth conservative who could do more harm than good.

Today's vote to end the filibuster was 55-42.  Senator Bob Graham (D- Florida) voted against Estrada's nomination.  He was not present for the first vote.

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March 13, 2003
Thursday 9:34:28 p.m. CST

Henry the Puffy Taco Recognized

State Representative Trey Martinez Fischer (D-San Antonio) filed a resolution today recognizing Henry the Puffy Taco.

To find out more about Henry, click here.

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March 13, 2003
Thursday 9:33:08 p.m. CST

Filing Deadline Approaches

March 14th is the filing deadline for all bills in the Texas Legislature.  In the last two days, over 700 bills have been filed!  

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March 12, 2003
Wednesday 10:15:08 p.m. CST

Mexican American Legislative Caucus:  Riddle Needs to Show Leadership

Freshman lawmaker Debbie Riddle (R-Houston) has come under fire from her House colleagues for not being a "compassionate conservative."  Riddle has caused controversy in the Texas Capitol for making insensitive and naive comments regarding undocumented workers.   

Last week, the El Paso Times reported that Riddle, a member of the newly created House Border and International Affairs Committee, said that providing free services to illegal immigrants was akin to communism.

"Where did this idea come from that everybody deserves free public education, free medical care, free whatever?  It comes from Moscow, from Russia. It comes straight out of the pit of hell," she said.  "And it's cleverly disguised as having a tender heart.  It's ripping the heart out of this country."

Members of the Mexican American Legislative Caucus did not take her comments lightly.

"We were extremely disappointed in her comments," said Representative Pete Gallego (D-Alpine), chairman of the caucus. "The obligation to provide health care and education is pretty basic and it stems from the Texas Constitution that we've all sworn to preserve, protect and defend. It was unfortunate for her to equate the idea ... of free education with communism."

Representative Norma Chavez (D-El Paso), chair of the House Border and International Affairs Committee, said that Riddle is a new member who needed to be educated about the medical needs along the border.

To express their concerns, the Mexican American Legislative Caucus sent Riddle the following letter:

March 12, 2003


The Honorable Debbie Riddle
Texas House of Representatives
P.O. Box 2910
Austin, TX 78768-2910

Dear Representative Riddle:

On behalf of the Mexican American Legislative Caucus—Texas House of Representatives (MALC), we would like to express our concern and disappointment regarding your comments last week to the El Paso Times.

Your comments reflected a lack of familiarity with our task as legislators. Our state Constitution mandates that we, the Legislature, establish free public schools. (Tex. Const. Art. 7 Sec. 1) Our state Constitution mandates that we, the Legislature, grant free care to the needy and their caretakers, to the disabled and to the aged. (Tex. Const. Art. 3 Sec. 51-a). Our constitutional mandate comes not from the pit of hell. It comes from our state's forefathers.

These services our constitution mandates are not free. The people of Texas provide their hard-earned dollars to make them possible; every person in our state--including every Latino--pays sales tax on the merchandise they purchase, pays property taxes either via rent or direct taxation, and is represented in the payroll taxes of their employer.

And the idea of supporting free education and health care does not make a person a Communist. From Thomas Jefferson to Maribeau Lamar, our state and national forefathers have promoted free education and the welfare of our people. Supporting these generous concepts does not make a person a communist; on the contrary, it makes a person a participant in the American dream.

As a new member of this body, we hope you will take seriously the oath to preserve, protect, and defend the Constitution of this state. We hope you will join us in fulfilling our duties as legislators and strive to further the goals of our founders by supporting this state's efforts to responsibly educate and care for all Texans.

Respectfully,


Rep. Pete P. Gallego, Chair
Rep. Dora Olivo, Vice Chair
Rep. Trey Martinez Fischer, Treasurer
Rep. Jessica Farrar, Secretary
Rep. Miguel Wise, Legal Counsel
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March 12, 2003
Wednesday 9:51:10 p.m. CST

Ranchers Form Association to Protect U.S./Mexico Border

Ranchers owning property on or near the U.S.-Mexico international boundary, and other affected parties, have formed the Border Land Association in an attempt to strengthen the cooperation wit the U.S. Border Patrol (USBP) and enhance the security of our nation's borders.

"Historically, border landowners have been citizen volunteers, working with the USBP and others to ensure that our nation is safe and secure," said Gene Walker of Laredo, who ranches in border counties. "But over the past four years - long before September 11 - the USBP has begun to act like an "occupation force," ignoring, not only private property rights, but repudiating the assistance that landowners can provide - and have previously provided - to help control illegal entry into Texas.  Unfortunately, landowners have begun to fear the USBP' practices more than they fear the illegal aliens crossing their land."

The association is dedicated to deterring illegal entry into the United States and protecting border properties from becoming "chasing grounds" for the U.S. Border Patrol.

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March 12, 2003
Wednesday 9:48:33 p.m. CST

Supremes:  No 300th Execution, Yet

The U.S. Supreme Court stayed the scheduled execution of Delma Banks earlier tonight.  Banks would have been Texas' 300th execution.

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March 11, 2003
Tuesday 9:55:17 p.m. CST

Perry Praises INFONXX for New Jobs

Texas Governor Rick Perry today joined local leaders to announce the creation of 2,000 jobs in San Antonio by INFONXX, a leader in directory assistance services in the global marketplace.

"Today's announcement means thousands of new jobs for Texans, continued economic growth for San Antonio, and additional revenue that will be generated in the years to come for both the local community and the state of Texas," Perry said. INFONXX, based in Bethlehem, Pa., is expanding its Texas operations and opening a new office in the renovated Bandera Cinema Building, built by San Antonio-based commercial real estate developers R.L. Worth & Associates, who also participated in the announcement.

INFONXX already has operations in San Antonio, but its announcement to expand means 2,000 additional employees will be hired in the next 90 days. INFONXX's news follows last month's announcement that Toyota will build a truck assembly plant on the south side of town. Together, the two corporate decisions will mean 4,000 new jobs for the San Antonio area

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March 11, 2003
Tuesday 9:48:27 p.m. CST

Van De Putte Featured in Magazine

Texas Senator Leticia Van de Putte (D-San Antonio) is featured on the front cover of  Hispanic Journal.

To read the article about her experiences in the Texas Legislature, click here.

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March 11, 2003
Tuesday 9:38:08 p.m. CST

Liberate the Fries!

The first casualty in the war of words between the United States and France over a U.N resolution in Iraq is the french fry. The cafeteria in the U.S. Capitol has changed the name to "freedom fries."  The same has happened to french toast.  It is now "freedom toast."

Several restaurants across the United States have changed the name to express their discontent with the French government.  The French Embassy in Washington, D.C. denies that the pomme frites (fried potatoes) come from France.  The true country of origin is Belgium.    

Last year more than 4.5 billion pounds of french fries were sold!

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March 10, 2003
Monday 10:08:27 p.m. CST

Miguel Estrada and Dan Morales:  A Different Shade of Crimson

To read the article, go to the Capitol Spotlight.

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March 10, 2003
Monday 10:04:53 p.m. CST

Texas Receives Money for Homeland Security

Texas Governor Rick Perry today announced that Texas has been awarded $29.5 million from the U.S. Department of Homeland Security to help state and local emergency workers better respond to the threat of terrorism. The grant represents an 82 percent increase over the $16.2 million award the state received for fiscal year 2002.

“Local leaders across Texas have done an excellent job reaching across city and county lines to develop regional response plans to deal with any type of emergency,” Perry said. “This grant will help our communities purchase hazmat suits, decontamination equipment, radio systems and other equipment necessary for supporting those response plans.”

The federal grant includes $20.7 million for equipment, $5.2 million for disaster simulation exercises, $1.6 million for basic training and $2 million for planning. At least 80 percent of the equipment portion of the grant, or $16.6 million, will be used to help local jurisdictions purchase response equipment.

The grant will be administered by the Texas Engineering Extension Service (TEEX), based in College Station at Texas A&M University. TEEX already is working with local jurisdictions to conduct readiness assessments, identify equipment needs and facilitate regional response plans.

“Texas is grateful to President Bush for his strong support of state and local emergency workers,” Perry said. “We will continue to work closely with the president and Homeland Security Secretary Tom Ridge to ensure that our state is well prepared to detect, deter and respond to terrorist activity.”

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March 8, 2003
Saturday 7:42:10 p.m. CST

Message from the Webmaster

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March 6, 2003
Thursday 10:55:14 p.m. CST

Dan Morales Indicted

Dan Morales, former Texas Attorney General and Democratic gubernatorial contender, was indicted today in federal court on 12 counts of mail fraud, tax evasion, converting campaign contributions to personal use, and backdating contracts in the tobacco settlement case.  Marc Murr, a Houston attorney who once made a $520 million claim on the tobacco settlement, was also indicted.

Morales has denied all wrongdoing.  He plans to turn himself in tomorrow morning.

Morales endorsed Texas Governor Rick Perry and Lieutenant Governor David Dewhurst prior to the November elections.  

Molly Beth Malcolm, Chairwoman of the Texas Democratic Party, provided a brief statement:

"Given the close ties between Dan Morales, Rick Perry and the Governor's campaign, the question now becomes, 'Who knew what and when did they know it?'"

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March 4, 2003
Tuesday 9:55:04 p.m. CST

Raymond Announces Cost Saving Prescription Drug Plan

State Representative Richard Raymond (D-Laredo), a member of the powerful House Appropriations Committee, filed legislation establishing a State Pharmaceutical Assistance Program.  The program would leverage current Medicaid purchases so the state could obtain greater discounts from pharmaceutical manufacturers.  The program is expected to save the State of Texas at least $250 million.

"People often say that government should be run like a business. So, just as Wal-Mart saves ten of million of dollars by volume discounts, the State of Texas should too," said Raymond.   "I believe Texas could save millions of dollars and continue to provide many Texans affordable pharmaceuticals."

Raymond's proposal incorporates the recommendations by Health and Human Services Commissioner Albert Hawkins to save $124 million in the vendor drug program.

"Due to the lagging economy and budget shortfall, we must be more efficient in our approach to government spending," said Raymond. "This pharmaceutical assistance program would ensure that the State of Texas would benefit from increased rebates and discounts for prescription drugs purchased with tax dollars.  In turn, the program would free up funding to supplement other health and human services facing cuts.  It is time to turn the purchasing power of the state into an effective fiscal tool as we look for a way out of the state's budget crisis."

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March 4, 2003
Tuesday 9:43:04 p.m. CST

LULAC to Honor Distinguished Texans

The Texas LULAC Board of Directors will honor five "Distinguished Texans" this Thursday, March 6, 2003, at the Omni Southpark Hotel, Governor's Row, in Austin, Texas.

LULAC will be honoring Texas Senator Juan Hinojosa (D-McAllen), Texas Senator Leticia Van de Putte (D-San Antonio), State Representative Richard J. "Rick" Noriega (D-Houston), U.S. Senator Kay Bailey Hutchinson (R-Texas), and Robert A. Estrada, Board of Regents, The University of Texas System for their work on behalf of Hispanics and the citizens of Texas.

To obtain tickets contact Irismelda Benavides at (512) 619-9189.

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March 4, 2003
Tuesday 9:41:44 p.m. CST

Tort Reform Legislation Advances

The committee substitute for House Bill 4 (CSHB4) was voted out of the House Civil Practices Committee today.  The substitute addresses both medical malpractice reform and general tort liability reform. Texas Governor Rick Perry has made medical malpractice reform an emergency issue this session.

"Our purpose is to establish an equitable and efficient system of justice in Texas," said State Representative Joe Nixon (R-Nixon), chair of the committee and author of the bill.

Representative Yvonne Davis (D-Dallas) cast the only vote against the bill.  The bill now goes to the Calendars Committee to determine when it will be considered by the Texas House of Representatives.  If the bill passes, it will likely be referred to the State Affairs Committee in the Texas Senate.

Texas Senator Bill Ratliff (R-Mt. Pleasant), Chair of the Senate State Affairs Committee, has expressed reservations about placing a $250,000 cap on non-economic damages such as pain and suffering and mental anguish. As chair of the committee, he will determine when the bill will be discussed by the full committee.

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March 3, 2003
Monday 10:15:04 p.m. CST

Lawmakers Oppose Cuts to Health Programs

Democratic Senators and Representatives joined forces today to oppose the draconian cuts in healthcare that are anticipated to offset Texas' $10 billion dollar deficit.

"Some leaders are refusing to prioritize the health and well-being of Texas children," said Representative Pete Gallego (D-Alpine), Chair of the Mexican American Legislative Caucus.  "We must not place the burden of this state's financial situation on the backs of a quarter of a million kids."

Two members of Speaker Tom Craddick's leadership team also expressed concerns about the impact of the cuts.

State Representative Jaime Capelo (D-Corpus Christi), Chair of the  Public Health Committee, said, "Our state will be measured by how we treat our most needy citizens. These proposed cuts are shortsighted and will force us to pay more health care costs later.  A healthy Texas will strengthen our economy. "

State Representative Carlos Uresti (D-San Antonio), Chair of the Human Services Committee, also expressed concern.

"Texas must prioritize its wants and needs.  What we want is for our needy children, disabled and elderly to be cared for and healthy. This my top priority for the State of Texas," said Uresti.

Houston Representative Garnet Coleman (D-Houston), Chair of the Legislative Study Group, also criticized the proposed cuts.

"We have an obligation to honor our parents and nurture our children, not cast them aside when times get tough. This is not the right path for Texas," said Coleman. “The cuts proposed by the leadership effectively end the Medicaid health system without regard to human casualties."

When asked about whether the issue had been politicized, State Senator Gonzalo Barrientos (D-Austin) was very candid.

"This is not partisan. The governor has set out his priorities and we have a fundamental responsibility to protect our priorities as well."

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 FEBRUARY 2003
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February 26, 2003
Wednesday 9:15:33 p.m. CST

Gallegos Files Pyrotechnics Legislation

State Senator Mario Gallegos (D-Houston) today filed SB 693, a bill designed to provide uniform guidelines for the use of flame effects and pyrotechnics.

"It is the intent of the bill to ensure the safety and welfare of all Texans and prevent tragedies like the one that recently happened in Rhode Island from ever happening again," Gallegos said.

The bill will not supersede any city or county ordinances already in place that adequately protect public safety.  Violators of the new uniform process will be assessed a criminal penalty.

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February 26, 2003
Wednesday 9:07:13 p.m. CST

Conservative Institute Recommends Changes to Health Care

The Texas Conservative Coalition Research Institute (TCCRI) released a public policy report recommending 28 ways to improve the health care system in Texas.

"We must challenge policies that drive the health care system further into the hands of government," said Representative Arlene Wohlgemuth (R-Burleson), chair of the Institute's Task Force on Health and Human Services.

"Policy decisions made by the Legislature have mainly served to increase fiscal pressure on the state, drive private insurers from the market, put doctors and hospitals at risk financially, and shift responsibility for personal health care decisions from the consumer to the government and managed health care companies," Wohlgemuth added.

The TCCRI is a public policy organization founded on the conservative principles of limited government, individual liberties, free enterprise and traditional family values.

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February 26, 2003
Wednesday 9:02:46 p.m. CST

Krusee Honored for Being "Yuppie Yankee"

To read the congratulatory resolution presented to State Representative Mike Krusee (R-Williamson County), click here.

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February 26, 2003
Wednesday 8:59:34 p.m. CST

Gates Issues Statement on Texas A&M Bonfire

Texas A&M University President Robert M. Gates issued the following statement after receiving numerous inquiries:

"There obviously is considerable interest among current and former students about the future of Bonfire. After consultations with State of Texas attorneys representing Texas A&M University and its employees and Texas A&M University System attorneys, I have concluded that any announcement, decision or change in the status quo regarding the future of Bonfire would be inappropriate while litigation is still on-going.

"Separately, in response to a formal request of the Texas A&M Student Senate dated November 6, 2002, I am directing that Bonfire Remembrance Day be observed each year on November 18th in honor of those who lost their lives and were injured. I am also directing that this observance be made a permanent part of the University's official calendar. Finally, I have given instructions that the Bonfire Memorial be exempted from any and all budget cuts from this date through its completion."

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February 25, 2003
Tuesday 7:45:26 p.m. CST

Perry Signs Insurance Data Bill


Governor Rick Perry today signed Senate Bill 310 requiring insurers writing homeowners policies in Texas to provide data used in setting rates. Information gathered under Senate Bill 310 will help lawmakers analyze current rates and strengthen insurance rate oversight in Texas.

In January, Perry made homeowners insurance an emergency issue for the 78th Legislature. Senate Bill 310 is the first insurance bill of the legislative session. Lt. Gov. David Dewhurst and House Speaker Tom Craddick attended the bill signing ceremony at the State Capitol.

"For too many Texans, the cost of owning a home has become decidedly more expensive because of soaring insurance rates," Perry said. "Even more upsetting for many Texans is that there seems to be little or no explanation for skyrocketing rates. That's why the first bill I have signed into law will open up the books of the largest homeowners insurance companies."

Senate Bill 310, sponsored by Sen. Troy Fraser, R-Horseshoe Bay, and Rep. John Smithee, R-Amarillo, requires insurers to submit rates and supporting data, including current rates and estimated rates to be charged over the next six months. The information will be compiled by the Texas Department of Insurance over the next 30 days.

"Texans will judge whether our efforts are successful by one standard: whether we lower their rates," Perry said. "And I won't be satisfied until Texas homeowners get the rate relief they demand and deserve."

"I applaud Gov. Perry for his leadership by putting insurance legislation on the fast track," Fraser said. "The governor's signature on Senate Bill 310 represents the first step in bringing about insurance reform because it requires insurance companies to open their books and show us whether consumers are being treated fairly."

"I commend the Senate and the Governor for taking such a systematic approach to insurance reform that will not only work to resolve the short-term crisis, but will create a long-term solution that will benefit all Texans," said Smithee.

After compiling the information, the insurance commissioner will submit a final report to the governor, lieutenant governor, speaker of the house, and members of the legislature in late March. Insurers failing to comply with Senate Bill 310 may be subject to administrative penalties and fines.

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February 25, 2003
Tuesday 7:43:47 p.m. CST

Menendez Honored as "Community Champion"

State Representative Jose Menendez (D-San Antonio) has been named the 2003 "Community Champion" by the Texas Association of Community Development Corporations (TACDC).  

The Community Champion Award was created to recognize those who serve as advocates, supporters and leaders on a statewide level for housing and economic development.

"Representative Menendez is a strong and proven leader who gives Texas community builders hope that the state can truly be a leader and a catalyst in revitalizing poor neighborhoods," said Reymundo Ocanas, TACDC's Executive Director.

The Texas Association of Community Development Corporations (TACDC) is a non-profit statewide membership association of Community Development Corporations (CDCs) and related nonprofit, government and for-profit entities in producing affordable housing and community economic development.

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February 24, 2003
Monday 10:51:15 p.m. CST

Preserving the Status Quo

Rick Crawford, the former executive director of the State Preservation Board, was fired ten days ago, but he is still on the state's payroll.  A temporary restraining order was issued today preventing the State Preservation Board, which includes Governor Rick Perry and Lieutenant Governor David Dewhurst, from doing anything that would alter Crawford's employment status with the Board.  Crawford argued that his termination was done in violation of the Texas Open Meetings Act and thus any action by the Board in executive session was voidable.

The temporary restraining order expires on March 10, 2003.

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February 24, 2003
Monday 10:48:23 p.m. CST

Public Education is No Sacred Cow

Responding to legislative requests to trim the fat from the Texas Education Agency, TEA Commissioner Felipe Alanis offered to cut TEA's budget by $3 billion and lay off 125 employees.  The layoffs would be in the areas of dropout prevention, school monitoring and alternative education programs.

His proposal includes cutting programs that many lawmakers hoped would not be touched by the now infamous budget ax.

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February 24, 2003
Monday 10:39:13 p.m. CST

Kane Reappointed to Texas Board of Human Services

Governor Rick Perry today announced the reappointment of Jerry Kane of Corpus Christi to the Texas Board of Human Services for a term to expire Jan. 20, 2009. The board adopts rules and policies for the Texas Department of Human Services.

Kane, president of Sam Kane Beef Processors, was appointed to the Board of Human Services in 2001 and serves as the board's vice-chair. He is vice-chair of the Texas Water Foundation, chair of the City of Corpus Christi Airport Board and co-chair of the Coastal Regional Water Planning Group of the Texas Water Development Board. Kane also is a member of the Chancellor's Executive Committee for the University of Texas Health Science Center. He received a bachelor's degree from the University of Texas at Austin.

This appointment is subject to Senate confirmation.

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February 24, 2003
Monday 10:37:43 p.m. CST

Pena:  Give Teachers More Money!

Freshman Representative Aaron Pena filed HB 1228 today which would give teachers a $5,000 pay raise.  The State of Texas is currently facing a total $10 billion deficit for the current fiscal year and the 2003-2004 biennium.

"This is a gutsy move on his part, because a lot of folks at the Capitol are saying now is not the time for a new investment in public education," said John Cole, president of the Texas Federation of Teachers. "But this pay raise is exactly what's needed if we are serious about delivering a quality education to every child."

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February 19, 2003
Wednesday 10:57:16 p.m. CST

No Committee Vote on HB 3 and HJR 3

After several hours of testimony on medical malpractice reform legislation, Representative Joe Nixon (R-Nixon), Chair of the Civil Practices Committee and author of the two bills, left the legislation pending for further consideration at a later date.  As chair of the committee, Nixon can decide when a vote will be cast on the two bills.

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February 19, 2003
Wednesday 9:55:16 p.m. CST

Perry Makes New Appointments

Governor Rick Perry today announced the appointment of Patrick Cordero of Midland to the Telecommunications Infrastructure Fund Board for a term to expire Aug. 31, 2005. The board is charged with implementing a telecommunications infrastructure for schools, libraries, public health care facilities and higher education institutions.

Cordero is the CEO of Strategic Abstract and Title Corporation, Inc. He previously served as an appointee to the Texas Appraiser Licensing and Certification Board and currently is president of the Midland Community Development Corporation, a nonprofit affordable housing organization, and operating chairman for Casa de Amigos. He is also on the board of directors for Texas Lyceum and is a former executive board member of the Texas Association of Mexican American Chambers of Commerce. Cordero received his bachelor’s degree from Texas A&M University and his law degree from Texas Tech University.

Perry also appointed three individuals to the Texas Board of Professional Geoscientists for terms to expire Feb. 1, 2009. The board licenses and regulates the public practice of geoscience.

Kelly Krenz Doe of Friendswood is a geologist/environmental planner at Turner Collie & Braden, where she is senior project manager in charge of geological investigations, site assessments and environmental planning for municipal and governmental entities. She is a member of the National Groundwater Association and the Texas Commission on Environmental Quality’s Texas EnviroMentor Program. Doe is a former governor’s appointee to the Texas Board of Professional Geoscientists and formerly served as president of the local section of the Water Environment Federation. She received bachelor’s and master’s degrees from Northern Illinois University.

Rene D. Pena of El Paso is a certified public accountant and president of Pena, Vogel, Briones & Co. He is a member of the American Institute of Certified Accountants and treasurer of the Texas Society of Certified Public Accountants. Pena formerly served as president for the El Paso chapter of Certified Public Accountants. He received his bachelor’s degree form the University of Texas at El Paso.

Gordon D. Ware of Corpus Christi is the principal scientist at Arcadis G&M, Inc. He received his bachelor’s degree from Abilene Christian University.

All appointments require Senate confirmation.

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February 17, 2003
Monday 10:35:16 p.m. CST

Thompson:  Tax Code Should Start at Zero

State Representative Senfronia Thompson (D-Houston) filed HB 1002 today to sunset all state and local taxes effective September 1, 2005.  

"I'm just here trying to help out the Governor," Representative Thompson said.

"If the budget starts at zero; then, logically, let's start the Tax Code at zero.  If every expenditure must be justified, then every tax to fund an expenditure should be justified," stated Thompson.

"If our state leaders think we can have a budget-free Texas, why not a corresponding tax-free Texas?  The system must be fair and equitable to all Texans.  There can be no game of favorites when it comes to taxation."

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February 17, 2003
Monday 10:28:50 p.m. CST

State Agencies Not Meeting HUB Requirements

Lawmakers and statewide organizations expressed concern today over a State Auditor's Office (SAO) report that shows 11 state agencies failed to comply with Historically Underutilized Business (HUB) statutory requirements.

State Representatives and Senators joined the Association of African-American Chambers of Commerce, the Texas Association of Mexican American Chambers of Commerce, the Hispanic Contractors Association and the Black Contractors Association at a capitol press conference to criticize agencies for failing to reach out to HUB vendors.

"The HUB program is about good public policy in a state with great diversity and strong small, minority-owned businesses," said Representative Joe Deshotel (D-Beaumont), Chair of the Texas Legislative Black Caucus. "While some of the noncompliance was the result of a statutory misinterpretation by the Texas Building & Procurement Commission, the results are inexcusable. The report identified what little effort agencies have expended in complying with the law."

Senator Leticia Van de Putte (D-San Antonio), Chair of the Senate Hispanic Caucus warned: "We will be wary of trusting agencies with other fiscal and statutory responsibilities when they cannot even comply with current law with regard to HUBs."

Regarding the agencies that have failed to comply with HUB requirements after multiple reviews, Representative Dora Olivo (D-Rosenberg), Vice Chair of the Mexican American Legislative Caucus, commented, "Many of the agencies had poor outreach efforts, sloppy reporting, and limited use of their HUB coordinators in the development of their bids. In addition, the two agencies that are still noncompliant after two reviews demonstrate that this is no longer just a case of misinterpreting rules but of statutory defiance."

Since the 1999 passage of Senate Bill 178, requiring agency compliance with HUB statutory and regulatory requirements, the legislature has closely monitored state entities. During the interim, the Legislature held two hearings in Austin to discuss the implementation of the HUB program and to monitor the overall efforts to reach statewide and agency-specific HUB goals.

"The report is continued evidence that state agencies are not fully implementing current law. By not raising this issue last session, we hoped to give the agencies time to adjust their procurement and outreach efforts to reach HUB vendors. This report indicates that very little progress has been made," said Representative Dawnna Dukes (D-Austin).

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February 17, 2003
Monday 10:27:10 p.m. CST

Perry Announces Appointment and Designations

Governor Rick Perry announced one appointment and two designations today.

Perry today appointed Geraldine “Tincy” Miller of Dallas as the chair of the State Board of Education for a term to expire Feb. 1, 2005. The board and the education commissioner oversee the state’s public school system.

Miller is the State Board of Education District 12 representative and serves as chair of the Task Force on Early Childhood and Elementary Education. She is active in the Dallas Symphony Association, the Shelton School for Dyslexia and the Baylor Hospital Foundation. She serves on the advisory board for the Dallas Orton Dyslexia Society. Miller is also a member of the Dallas Museum League, the Crystal Charity Ball Committee and the Dallas Women’s Council.

Perry designated Sandra Jensen of Coppell as the chair of the Texas Board of Chiropractic Examiners.

Jensen is a chiropractor and owner of Jensen Diagnostic & Treatment Center in Farmers Branch. She is a member of the Texas Chiropractic Association and an examiner for the National Board of Chiropractic Examiners. Jensen attended Texas A&M University and is a graduate of Texas Chiropractic College. She was appointed to the Texas Board of Chiropractic Examiners in 2001 for a term to expire Feb. 1, 2007.

Perry also designated Christina Melton Crain of Dallas as the chair of the Texas Board of Criminal Justice. The board is responsible for the management and control of the Texas Department of Criminal Justice.

Crain, an attorney in private practice in Dallas, is licensed to practice before the U.S. District Courts for the Northern, Southern, Western and Eastern Districts of Texas and the U.S. Court of Appeals for the Fifth Circuit. She serves on the boards of the Dallas Bar Association and the Baylor Health Care System Foundation and is past president of the Dallas Association of Young Lawyers Foundation. She earned a bachelor’s degree in government from the University of Texas at Austin and a law degree from the Oklahoma City University School of Law.

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February 17, 2003
Monday 10:26:43 p.m. CST

Truitt Promotes Public/Non-Profit Partnerships

In an effort to save taxpayer money and promote public/non-profit partnerships, State Representative Vicki Truitt (R-Keller) filed HB 970.  The bill would allow a commissioner's court to donate property to a local civic or charitable organization without seeking formal bids.

"Quite often counties and civic groups are already working together for the good of the community.  Allowing the county to donate property not only benefits the civic group but it also relieves the county of maintenance and liability costs among other things," Truitt said.  "For those counties that are looking to develop these types of partnerships or strengthen existing ones to provide more services to their constituents, this could greatly help."

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February 17, 2003
Monday 10:25:06 p.m. CST

Carona Files Bill to Protect Muslim Community

Texas Senator John Carona (R-Dallas) has filed SB 213 to provide the Muslim community in Texas with greater consumer protection regarding the advertising of halal foods.  "Halal" means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic authority.

"I appreciate the concerns of this community and am happy to carry SB 213 for this group of Texans who participate and contribute in a wide variety of activities in the private and public sectors," Carona added.  "My goal is to increase the overall level of consumer confidence in all food products."

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February 13, 2003
Thursday 10:12:36 p.m. CST

Supremes to Consider Robin Hood

The Texas Supreme Court agreed to hear an appeal from wealthy school districts to determine the constitutionality of the Robin Hood public education finance system.

Top Republican lawmakers were not happy with the decision.

"The Robin Hood system is broken and must be reformed," Lieutenant Governor Dewhurst said. "A judicial ruling is an inefficient way to address a policy problem."

House Public Education Chairman Kent Grusendorf ( R-Arlington), agreed.

"It's better for us to control our own destiny than have the courts control our destiny," he said.

Arguments will be held on March 27, 2003.

A vote on dismantling the Robin Hood system is expected in the Texas House of Representatives within the next two weeks.
A bill is pending in the Senate Education Committee.

Democrats have criticized Republicans for rushing to dismantle Robin Hood without producing a viable alternative.

Rep. Scott Hochberg (D-Houston) said that the system will be in "chaos" if there is no alternative.

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February 13, 2003
Thursday 10:10:22 p.m. CST

Legislative Filings of the Day

88 bills were filed today.

Here's a sample:

Representative Burt Solomons filed HJR 46 which would require the state to pay at least 50 percent of the cost of maintaining and operating the public school system.

Representative Brian McCall (R-Plano) filed HB 936 which would increase the dishonored check fee from $25 to $30.

Representative Debbie Riddle (R-Houston) filed HB 938 which would allow only legal residents to file lawsuits.

Representative Phil King (R-Weatherford) filed HB 944 which would require undergraduate institutions of public education to treat home schooled applicants the same as public school applicants.  He also filed HB 945 which would require parental consent before a minor gets an abortion.

Representative Myra Crownover (R-Lake Dallas) filed HB 948 which would allow the Texas Racing Commission to include a veterinarian member.

Representative Pat Haggerty (R-El Paso) filed HB 949 which would designate a portion of Interstate 10 in El Paso the Gene Roddenberry Memorial Highway.  Roddenberry was the creator of the Star Trek movie series.

Representative Mike Wise (D-Weslaco) filed HR 234 which welcomed La Abuela Mexican Food to the community of Weslaco.

Senator Eddie Lucio (D-Brownsville) filed SB 474 which relates to the nutrition of school children.

Senator Frank Madla (D-San Antonio) filed SB 479 which would allow licensed practitioners of the healing arts to be exempt from jury service.

Senator Judith Zaffirini (D-Laredo) filed SB 486 which would increase immunization awareness.

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February 12, 2003
Wednesday 10:53:16 p.m. CST

Perry Makes Appointments

Texas Governor Rick Perry announced the following appointments earlier today:

Jose L. Aliseda of Beeville and Ralph Gauer of Harker Heights to the Texas Strategic Military Planning Commission for terms to expire Feb. 1, 2006. The commission advises the governor on the effect of the military on the Texas economy, particularly the impact of federally proposed base closures.

Jose Aliseda, an attorney with a private practice, is a former Bee County judge and Bee County attorney.

Ralph Gauer is the former owner of an independent TV news production service and former district director and legislative aide for State Sen. Troy Fraser.

Roger J. Benavides of San Antonio and Frank Elder, Jr. of San Antonio to the Texas Online Authority for terms to expire Feb. 1, 2007. The authority maintains an Internet site that makes a variety of government services, such as renewal of driver licenses and hunting and fishing licenses, available to the public 24 hours a day, seven days a week.

Roger J. Benavides of San Antonio is vice president and chief financial officer for CCI Telecom, Inc. He is a certified public accountant and a member of the American Institute of CPAs, the Texas Society of CPAs and Financial Executives International.

Frank Elder, Jr., of San Antonio is the assistant chief of the Driver License Division of the Texas Department of Public Safety (DPS) and oversees the agency's Crash Records Information System.

Elva Concha LeBlanc of Galveston to the Statewide Health Coordinating Council. The council evaluates long-term local, regional and statewide health needs to develop workforce goals for health professionals.

LeBlanc is president of Galveston College.

Billy M. Atkinson, Jr., of Sugarland as the presiding officer of the Texas State Board of Public Accountancy. The board regulates public accountants and administers the certified public accountant exam in Texas.

Atkinson, who was appointed to the State Board of Public Accountancy in 1999, is a partner at PricewaterhouseCoopers.

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February 12, 2003
Wednesday 10:51:43 p.m. CST

Abbott Protecting Hispanic Immigrants

Texas Attorney General Greg Abbott today issued a warning about an ongoing scam targeting Hispanic immigrants throughout Texas perpetrated by con artists posing as licensed attorneys or other legal experts.

The scam plays off the similar sounds but different meanings of the English term "notary" and the Spanish term "notario."

In Texas, a notary is someone licensed to witness the signing of legal documents. In most Latin American countries, however, a "notario" implies that the person is a licensed attorney. Texas law specifically prevents notaries from providing any type of immigration service unless they hold a separate license to practice law.

In a common scam, a person obtains a notary public license in Texas yet presents themself to Spanish-speaking clients as a "notario público" or licensed attorney who can help the customer with the immigration process.

Many con artists charge hundreds or thousands of dollars to allegedly provide legal assistance in processing INS applications. However, in many cases, the scam artists disappear with the money; charge high fees for filing unnecessary documents; or perform poor quality services that jeopardize clients' cases.

"The abuses perpetrated by fraudulent 'notarios' and their likes have caused much suffering for Texas families," said Attorney General Abbott. "These schemes also create chaos in an already overburdened immigration system," he added.

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February 12, 2003
Wednesday 10:50:13 p.m. CST

Nixon Files Major Medical Malpractice Reform Bill

State Representative Joe Nixon, Chair of the House Civil Practices Committee, filed HB 3 earlier today.   The bill is intended to end the medical malpractice insurance crisis by capping non-economic damages (i.e. pain and suffering) a claimant can recover to $250,000.  Another key provision of the bill limits the attorney's fees in a medical malpractice case.

"We'll see caps," Texas House Speaker Tom Craddick said. "Bet on it."

Nixon also filed HJR 3, a constitutional amendment that would allow the Texas Legislature to pass legislation limiting  non-economic damages.

A hearing on the bill  is expected next week.

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February 11, 2003
Tuesday 10:03:36 p.m. CST

Highlights of Perry's State of the State Address

Saying Texans "don't want, don't need and don't deserve new taxes," Gov. Rick Perry today laid out a series of proposals to streamline programs and balance the budget without a tax increase during his State of the State address.

"The challenge of our time and the mandate of our people require a new approach and a new direction," Perry said before a special joint session of the 78th Texas Legislature in the House Chamber. "We must separate wants from needs, identify core priorities, and put the common interest ahead of narrow special interests."

The governor cited several recent successes in Texas - including Toyota's decision last week to build an $800 million truck manufacturing plant in San Antonio, bringing 2,000 new jobs to the area and generating $100 million a year in salaries. Perry also cited Hewlitt-Packard's recent decision to move 475 jobs from California to Texas.

"It is not the state of our state that concerns me," Perry said. "It is the state of our government."

Since 1990, the Texas population has grown by 27 percent and inflation has increased 37 percent. Yet during that same time period, Perry noted, government has expanded by 125 percent.

"Texans elected us to set priorities, not to raise the price of government," the governor said before outlining consolidation and savings measures that would reduce state spending by $9.5 billion over the next biennium. Among the governor's proposals:

Adopt key recommendations in Comptroller Carole Keeton Strayhorn's e-Texas reports to save $1.7 billion.
Redirect Telecommunications Infrastructure Fund dollars to increase the technology allotment for schools and save $500 million.
Improve estimates of higher education income, reduce special item projects and ask community colleges to pay a proportionate share of insurance costs for a $1.1 billion savings.
Reduce agencies' 2003 appropriation level by an average of 9 percent to save $3.8 billion. Perry said these savings could be achieved while still increasing education funding by $500 million.
Close tax loopholes and change the collection of the gas tax to generate $700 million in additional revenue without new taxes.

The governor also called for deregulating tuition at state colleges and universities, reducing administrative costs at state agencies and examining Medicaid's structure, benefits and costs.

"We would be wise to remember a universal truth," the governor cautioned legislators. "No government has ever taxed and spent its way to greater prosperity. … When difficult times beckon, leaders must not do what's easy, but what's right."

Saying the state must set clear and limited priorities, Perry listed his top concerns as "the education of our children, the security of all Texans and the fiscal responsibility of our government."

The governor also proposed the creation of a Texas Enterprise Fund to help expand the state's economy and protect the state against future economic downturns. The initiative would be financed with $390 million from the state's Economic Stabilization - or Rainy Day - Fund.

"To meet the demands of a competitive marketplace, we must be nimble, aggressive and forward-looking," Perry said. "The best way to avert future rainy day scenarios is to grow our economy."

The governor said the Texas Enterprise Fund would be used to bring more companies and jobs to the state and diversify the economy. The fund also could finance a Border Health Institute in El Paso and the Regional Academic Health Center in the Rio Grande Valley, Perry said.

"By responsibly balancing the budget and taking innovative measures to create jobs, we will address the most urgent needs of both the present and our future," Perry said.

Stressing the need to "focus on results instead of micromanaging the process from Austin," Perry also proposed an Education Freedom Plan to reduce costly state mandates and increase local control of public schools. School administrators say reducing bureaucratic mandates would save schools at least $500 million, which could be directed back into classrooms.

Perry also discussed his High School Completion Initiative, funded through federal, state and private sources, to identify and help students at risk of dropping out, and he renewed his support for strengthening science education and rewarding teaching excellence.

The governor touched on several other topics during his State of the State address, including:

School finance: "We must work until a solution is found, because the era of Robin Hood must come to an end."

Homeowners insurance: "For this legislative session to be a success, this legislature must take strong action to end insurance fraud, stop unfair pricing practices and lower homeowners insurance rates."

The environment: "We must pass a budget that fully meets our clean air obligations because future generations deserve nothing less."

Medical malpractice insurance: "Reform our medical malpractice laws by passing a $250,000 cap on non-economic damages. All across Texas, patients are seeing their doctors hang up their white coats and stethoscopes because they are being forced out of practice. When specialists cannot afford malpractice insurance, or must turn away high-risk pregnancies because for fear of a lawsuit, then a health care catastrophe is not far from the making."

Homeland security: "With the presence of many valuable resources, and numerous points of entry, we must also remain vigilant in protecting this great state from the destructive designs of terrorist enemies."

Transportation: "We must give the Department of Transportation the tools they need to build a 21st Century transportation system that gets traffic moving, removes hazardous vehicles from our cities, reduces pollution and adds to our job base."

To read the full speech, click here.

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February 11, 2003
Tuesday 9:58:25 p.m. CST

What They're Saying About the State of the State

To read the article, click here.

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February 11, 2003
Tuesday 9:53:45 p.m. CST

Abbott Appoints Crime Victim Services Director

Texas Attorney General Greg Abbott has appointed a longtime public administrator with broad experience in crime victims issues to be the agency's Crime Victim Services director.

Herman Millholland is currently with the Texas Attorney General's Office. In his new post as director, Mr. Millholland's duties will include management of the agency's programs that provide direct funding to victim assistance providers across Texas and train and certify sexual assault nurse examiners.

"Herman Millholland will serve with the compassion and vigilance crime victims deserve," said Attorney General Abbott. "His experience and leadership will help our partners in communities throughout Texas help victims of violent crime and their family members heal their physical, emotional and financial injuries ."

Prior to his work in Texas, Mr. Millholland served in the crime victims arena in positions at both the Los Angeles County District Attorney's Office and the U.S. Department of Justice.

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February 10, 2003
Monday 9:43:15 p.m. CST

How Trial Lawyers Can Fund Public Education in Texas

State Representative Roberto Gutierrez (D-McAllen), a member of the powerful House Appropriations Committee, filed a bill today that would require 75% of exemplary damages awarded in lawsuits to be deposited into the State's permanent school fund.  The permanent school fund is used to fund public education in Texas.

Exemplary damages are punitive damages.  They are assessed against defendants as a penalty to deter future illegal conduct.

In 1995, the Texas Legislature imposed limits on how much can be recovered as exemplary damages.  Section 41.008 of the Texas Civil Practice and Remedies Code sets the following limitations on the recovery of exemplary damages:

"(a) In an action in which a claimant seeks recovery of exemplary damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.

(b) Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:

(1)(A) two times the amount of economic damages; plus

(B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or

(2) $200,000."

"Economic damages" are compensatory damages to help make the plaintiff whole.  The term does not include damages for physical pain and mental anguish, loss of consortium, disfigurement, physical impairment, or loss of companionship and society.

Under Gutierrez's bill, a jury would be prohibited from knowing how the exemplary damages would be distributed. The court would be required to award exemplary damages as follows:  15% to the plaintiff, 10% to the attorney, and 75% to the permanent school fund. For example, if a jury awarded $500,000 in exemplary damages, the plaintiff would keep $75,000, the attorney would keep $50,000 and $375,000 would be deposited into the permanent school fund.  

In a contingency fee case, exemplary damages can fill a lawyer's deep pockets.  Depending on the contract terms with a plaintiff, lawyers can keep between 33% and 40% of the total recovery in a case, which includes exemplary damages.

It is not known how much Gutierrez's bill can generate in new revenue to fund public education.  However, stiff opposition from the plaintiff's bar is expected.  

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February 10, 2003
Monday 12:43:05 a.m. CST

Perry to Deliver State of the State Address

Texas Governor Rick Perry will deliver the State of the State Address on Tuesday, February 11, 2003 at 12 noon in the chamber of the Texas House of Representatives.  A live stream will be available.

Perry is likely to reiterate the key points he mentioned in his inauguration address. He may emphasize that Texans have a "surplus of spirit" that can help offset the deficit of ideas in overcoming Texas' greatest challenges. Even though Perry submitted a zero-based budget which does not indicate his priorities, he may use the State of the State address as an opportunity to provide some guidance on what programs should be prioritized.

Stay tuned for more analysis.

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February 8, 2003
Saturday 3:46:12 p.m. CST

Message from MyCapitol.com

MyCapitol.com is experiencing some difficulties with the e-mail alert service.  Apparently some of the messages that are being sent to our subscribers are bouncing because they are being interpreted as spam.  If you use Road Runner as an internet service provider, you may not be receiving the alerts.  Road Runner is working on the glitch at the national level.

Some subscribers have been removed involuntarily because of the technical glitch.  MyCapitol.com has reentered the e-mail addresses of the removed subscribers into the e-mail database.

Thank  you for your understanding.  

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February 4, 2003
Tuesday 8:36:12 p.m. CST

Take from the Rich, Give to the Poor No More:  Robin Hood Repealed

The House Public Education Committee voted to repeal the infamous Robin Hood school finance system earlier today.  HB 604 filed by Chairman Kent Grusendorf just five days ago was approved on a straight party vote.  The only opposition came from Democratic Representatives, Rene Oliveira and Scott Hotchberg.  

The bill now goes to the Calendars Committee, which will determine when the House of Representatives will consider it for second reading.

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February 1, 2003
Saturday 9:15:42 p.m. CST

Space Shuttle Columbia Disintegrates on Re-entry in Texas


NASA has declared an emergency after it lost contact with Space Shuttle Columbia early this morning.

The shuttle was expected to land at 9:16 a.m. EST at the Kennedy Space Center in Florida. Witnesses in North and Central Texas saw the shuttle break up into several pieces.

The President will be traveling from Camp David to the White House later today and plans to address the nation.

The first Israeili astronaut, Ilan Ramon,  and six Americans were on the shuttle.  No survivors are expected.

The White House has said that the accident was not due to terrorism.

NASA has warned everyone to stay away from hazardous debris.

Stay tuned for more updates.

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 JANUARY 2003
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January 31, 2003
Friday 8:27:22 p.m. CST

House Committee Assignments:  Legislators React

To read their reactions, go to the Capitol Spin.

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January 31, 2003
Friday 8:24:42 p.m. CST

Texans for Lawsuit Reform:  Trial Lawyers Control Texans for Public Justice

Texans for Lawsuit Reform released a report criticizing Texans for Public Justice, a non-profit watchdog group.

"While the subject of the TPJ reports vary, the targets are always the same: Businesses, Republicans, Conservatives, Tort Reformers.  Shockingly this self-described watchdog group has never found anything worth reporting about the plaintiff's trial bar or the politicians funded by the trial lawyers."

To read the full report, click here.

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January 31, 2003
Friday 8:20:12 p.m. CST

Young Conservatives of Texas Unveil Legislative Agenda

Today, the Young Conservatives of Texas unveiled a legislative agenda that they feel reflects the values of Texas.

“In the last election, Texas voters spoke loudly and clearly in favor of the conservative principles of smaller government, lower taxes, fairness in the civil justice system, and traditional values, said Chris Allen, YCT State Chairman.  "It is now time to implement policies that carry out the will of the people. We believe that our comprehensive and ambitious legislative agenda can help make sure that the laws passed this session reflect the priorities of the vast majority of Texans.”

The organization listed the following six priorities:

1) Oppose any effort to allow universities to set tuition rates and fees at public universities.

2) Support a voucher program

3) Abolish the top ten percent rule for undergraduate admissions that was authored by State Representative Irma Rangel (D-Kingsville) and strongly endorsed by President George W. Bush as an alternative to affirmative action.  The organization also opposes establishing a top ten percent rule for graduate admissions.  If the top ten percent rule cannot be abolished, they support requiring students to take the recommended high school curriculum to take advantage of the top ten percent rule.

4) Eliminate the program giving in-state tuition to Mexican citizens along the border.  

5) Pass the Defense of Marriage Act to prevent recognition of same-sex marriages.

6) Pass a constitutional amendment limiting the growth in state spending.

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January 29, 2003
Wednesday 8:44:12 p.m. CST

Budget Bombshell:  Shortage of Cash Concerns Senate Committee

The Senate Finance Committee met today to hear more grim news about the budget situation in Texas.  

Deputy Comptroller Billy Hamilton testified that low inflation, weak business to business sales transactions, and low interest rates have affected sales tax revenue more than anticipated.  Furthermore, he stressed that Texas is facing an immediate cash shortage to pay back tax revenue anticipation notes to balance the budget for the fiscal year, which ends August 31.

Chairman Teel Bivins (R-Amarillo) called the revelation that Texas is short on cash a "bombshell".  

"The reason I called it a bombshell is because it was a surprise," Bivins said.

Several members of the Committee were very critical of Comptroller Carole Keeton Strayhorn's decision to delay informing Texas lawmakers about the severity of the budget shortfall.

Senator John Whitmire (D-Houston) told Hamilton that the Comptroller's office had a credibility problem.  He further urged the Comptroller not to engage in politics.

"I think we got some poor numbers," Whitmire said. "I think you had the information in your shop all fall."

"We don't need any smoke and mirrors or hiding the ball on us for whatever reason," said Senator Robert Duncan ( R-Lubbock)

Senator Judith Zaffirini (D-Laredo), Vice-Chairwoman of the Committee, was more direct with Hamilton.  She asked when the Comptroller really knew about the shortfall.  Hamilton responded that the $9.9 billion shortfall was known in late December and early January.  

Strayhorn said she informed the lawmakers when she knew of the shortfall.

"No one has the crystal ball, but the minute we saw what was happening, I told not only the Legislature but all the people of Texas," she said.

Senator Eliot Shapleigh (D-El Paso) quizzed Hamilton on the alleged spending spree that Strayhorn said occurred last legislative session under a Republican controlled Senate and Republican governor.

He asked Hamilton where Texas ranked nationally on state expenditures and Hamilton responded "fairly low".  Shapleigh noted that Texas ranked at the near bottom in all areas of spending.  

Shapleigh dismissed the notion that the Texas Legislature threw a spending party.

"Nothing could be further from the truth," Shapleigh said. "When you look at what that does to real lives of Texans, children, these programs, I think that allegation is baseless."

The Senate Finance Committee is scheduled to meet again on February 10, 2003, four days after state agencies submit their proposed 7% in budget cuts.

An emergency appropriations bill is expected in March to meet the state's fiscal obligations in 2003.

For more information, go to www.texasbudget.com.

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January 29, 2003
Wednesday 8:41:10 p.m. CST

Bivins Files Senate Bill 1

Earlier today, Senator Teel Bivins, Chair of the Senate Finance Committee, filed Senate Bill 1.  It is a zero-based budget modeled after one filed by former Texas Lieutenant Governor Bob Bullock in 1991.

All 14 members of the Senate Finance Committee are co-authors.

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January 29, 2003
Wednesday 8:35:52 p.m. CST

Fraser Takes Lead on Homeowners Insurance

Governor Rick Perry declared homeowners insurance an emergency issue for this legislative session and Senator Troy Fraser (R-Horseshoe Bay) has taken the lead.

Senator Fraser filed Senate Bill 310 today, requiring insurance companies doing business in Texas to immediately file their current rates and projected rates for the next six-month period for homeowners insurance with state regulators.

"We need to know that the rates being charged for homeowners insurance are just, reasonable, adequate, not excessive, and not unfairly discriminatory," said Fraser, chairman of the Senate Committee on Business and Commerce.

The legislation gives the state insurance commissioner the authority to seek information about insurance companies' credit scoring formulas and methodologies, as well as all supporting data used by insurers to determine homeowners insurance premiums.

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January 29, 2003
Wednesday 8:30:12 p.m. CST

Strayhorn Wants Texans to Get Their Money Back

Texas Comptroller Carole Keeton Strayhorn  proposed a new plan dubbed "Returning the Favor" to divide any future state budget surpluses into a rebate for taxpayers and a boost for the state's Rainy Day Fund. She also endorsed a tougher spending cap proposal.  The Texas Association of Business had earlier recommended spending the money in the Rainy Day Fund to offset the budget deficit.

"Our last Sales Tax Holiday saved Texas families about $30 million. If we'd had Returning the Favor and tax limitation in place two years ago, Texas families would have saved about 20 times that amount - each of the last two years," Strayhorn said. "In times like these, just imagine the benefit Returning the Favor would have been for Texas families, Texas merchants and the Texas economy."

"It may seem unusual to be talking of returning tax dollars to their rightful owners - the taxpayers - at a time of budget shortfalls," Strayhorn said. "But today's headlines mask the fact that just two years ago, the Legislature started out with a surplus of nearly $3 billion and then spent every dime available to boot."

Strayhorn's "Returning the Favor" plan would take several steps to implement. First, each January at the beginning of a legislative session, the comptroller's revenue estimate would not only predict how much revenue the state could expect in the upcoming biennium, but would also note any surplus that would be remaining at the end of the current biennium.

At the end of the biennium, the surplus would be split in half between the Rainy Day Fund and the Returning the Favor Fund. The "Returning the Favor" dollars will finance a new tax holiday during the following two Christmas seasons.

Strayhorn also endorsed Rep. Carl Isett's (R-Lubbock) legislation that would expand the state's current spending cap to cover all state generated revenues and raise the bar to break the spending cap from a simple majority to a 2/3 vote (although she advocates requiring a 4/5ths vote).

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January 29, 2003
Wednesday 8:27:42 p.m. CST

House Committee Assignments II

House Committee assignments are expected to be announced tomorrow on the House floor.

MyCapitol.com will post all committee assignments once they become available.

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January 29, 2003
Wednesday 8:23:19 p.m. CST

Coleman to Lead Legislative Study Group

The eighteen member board of the House Legislative Study Group (LSG), a caucus of sixty plus House members, elected  Representative Garnet F. Coleman (D-Houston) as Chairman. In past sessions, the LSG has served as a policy incubator for its members.

“The LSG’s role has been to review issues and inform its members about policy that affects middle class and working Texans. As chair, my role is to make sure that balanced policy is passed regarding major issues such as health care, the budget, insurance reform, and education.”

The LSG board also elected Rep. Dora Olivo (D-Rosenberg) Vice Chair, Rep. Lon Burnam (D-Fort Worth) Secretary, and Rep. Elliott Naishtat (D-Austin) Treasurer.

“I look forward to working with the LSG on progressive issues that are so important to the future of Texas,” said Rep. Olivo.

Rep. Burnam stated, “This budgetary environment demands our diligence so that vital services will be protected for citizens who need them most. The LSG will be a voice for those Texans.”  

“The challenges of this session require a critical analysis of the public policy needs of Texans. The LSG will work to reach these goals,” said Rep. Naishtat.

Members of the LSG board include:

Rep. Garnet Coleman          
Rep. Dora Olivo          
Rep. Lon Burnam          
Rep. Elliott Naishtat               
Rep. Barry Telford          
Rep. Jessica Farrar               
Rep. Chente Quintanilla     
Rep. Scott Hochberg          
Rep. David Farabee
Rep. Jim McReynolds
Rep. Mike Villarreal
Rep. Roberto Alonzo
Rep. Miguel Wis
Rep. Terri Hodge
Rep. Rick Noriega
Rep. Eddie Rodriguez
Rep. Joe Deshotel
Rep. Pete Gallego

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January 29, 2003
Wednesday 8:20:22 p.m. CST

Junnell Awaits Senate Confirmation

Former Texas House Appropriations Committee Chairman Rob Junnell (D- San Angelo) was in Washington, D.C. today awaiting a hearing by the Senate Judiciary Committee for a federal judgeship in Midland. If the committee approves his nomination, the full U.S. Senate must confirm him.

Junnell campaigned for President George W. Bush in the last election.

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January 28, 2003
Tuesday 9:14:44 p.m. CST

Senate Finance Committee To Meet

The Senate Finance Committee will meet on Wednesday, January 29, 2003 at 9:00 a.m. in E1.036 (Finance Committee Room)

The Committee will consider the following:

Organization, rules and procedures

Overview of the budget by the Legislative Budget Board

Testimony on the Biennial Revenue Estimate by the Comptroller of Public Accounts

A video broadcast of the committee hearing can be accessed by going to My Legislation and clicking on the video link.

For further information on the budget, go to www.texasbudget.com.

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January 27, 2003
Monday 8:44:34 p.m. CST

Texas Association of Business: No New Taxes!

The Texas Association of Business unveiled a report identifying $15 billion that lawmakers could use to finance the 2004-05 state budget.  Comptroller Carole Keeton Strayhorn has predicted an $8.1 billion shortfall for the 2004-2005 biennium.

“Texans deserve a budget that is written without new taxes. Texas has a golden opportunity to rein in spending, to learn to live within its means, and to set the stage for a brighter future. Let's not blow it by raising taxes,” Texas Association of Business President Bill Hammond said.

Texas Governor Rick Perry has pledged not to raise taxes.  However, non-tax revenue options such as fees will be considered.

The group issued a new report, Fiscal Responsibility: Meeting the State's Budget Obligations Without New Taxes,” which examines various options available to lawmakers to eliminate the deficit.

The group proposes the following actions to raise the money necessary to eliminate the deficit:

Tobacco funds securitization - $5.8 billion
 2 percent reduction in state agency budgets - $2.28 billion
Sale of state-owned assets - $2 billion from the Lower Colorado River Authority alone
Medicaid improvements - $1.5 billion
Accounting measures - $1.4 billion
Rainy Day Fund - $1 billion

“Many other states are either considering or actually reducing their budgets by 10 to 20 percent. It is not too much to ask Texas government to look at fiscal improvements in the 1 to 5 percent range,” Hammond said.
“Legislators and pro-tax advocates should remember that if we make the mistake of raising taxes now, that guarantees increased government spending when the Texas economy recovers, thus setting in motion the next budget shortfall and the next tax increase,” Hammond said.

Last week, Texas Governor Rick Perry, Lieutenant Governor David Dewhurst, and Speaker Tom Craddick ordered state agencies to reduce their budgets by 7% to offset the deficit.  State agencies must submit their cost-cutting proposals by February 6, 2003.

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January 27, 2003
Monday 8:36:14 p.m. CST

House Committee Assignments

Committee assignments in the Texas House of Representatives are expected to be announced on Thursday or Friday of this week.  

The assignments will be posted in their entirety in The Lege once they are announced.

Stay tuned.

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January 27, 2003
Monday 8:31:54 p.m. CST

Valley Farmers to Get Financial Aid

Agriculture Commissioner Susan Combs announced that 1,862 federal agricultural assistance fund checks are being mailed beginning today to farmers in the Rio Grande Valley who applied for and were certified to receive a portion of $10 million in aid recently secured by Senator Kay Bailey Hutchinson.

The money is intended to help farmers affected in 2001 by the lack of irrigation water from the Rio Grande and by decreases in water allocations due to Mexico's noncompliance with the 1944 U.S.-Mexico Water Treaty, Combs said.

"A total of 455,388 acres were eligible for this aid, and farmers will be paid $21.77 for each affected acre," Combs said. "Although, this amount does not even come close to covering actual losses, estimated to be $259 per acre in 2001, the assistance should help offset some farmers’ losses."

"I want to thank Sen. Hutchinson for fighting hard to bring these dollars to South Texas," Combs said. "On behalf of the affected farmers, I also want to thank our Texas state legislators who have worked to assist their constituents impacted by the failure of the treaty, including Sen. Eddie Lucio (Brownsville), who convened a special hearing of the Senate Subcommittee on Border Affairs in November to examine actions Texas could take in light of the treaty's failure," Combs said

The majority of the aid — more than $8 million — will go to Cameron and Hidalgo counties for 376,431 affected acres, Combs said.

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January 23, 2003
Thursday 10:04:24 p.m. CST

State Agencies Ordered to Cut Budgets

Governor Rick Perry, Lieutenant Governor David Dewhurst and House Speaker Tom Craddick today sent a letter to all state agencies directing them to immediately cut their 2003 General Revenue spending by at least 7 percent.

Perry announced earlier that he had cut the Office of Governor budget by 14 percent for the remainder of the fiscal year, which ends on August 31, 2003.

"It is essential that state government operate a lot more efficiently than ever before," the governor said. "I will not ask any agency to do what I am not willing to do myself."

Perry, Dewhurst and Craddick told agencies in the letter, "Savings achieved now will be key to resolving the state's budget issues for the remainder of this year and for the next biennium."

The only programs exempted from the mandatory spending cuts were the Foundation School Program, Children's Health Insurance Program and acute care Medicaid services.

Agencies were directed to file plans on how they will achieve the savings by Feb. 6, 2003.

 Reductions in administrative costs would be given priority. Cuts in services should be the last item agencies propose cutting.

"Your plan should represent the most prudent, efficient reductions and minimize impact on direct services, while achieving the required reduction," the three leaders wrote.

"In the development of your plans we expect you to eliminate foreign travel and out-of-state travel not necessary for statutory obligations, reduce or eliminate planned capital purchases for the remainder of FY03, and contracts for consultants and professional services. Your review should then consider further reductions to administrative costs, a hiring freeze or reductions in force if necessary and reductions to current activities not required by law. Reducing direct services should be your last option."

Exemptions from spending cuts must be approved by both the Governor's Office of Budget, Planning and Policy and the Legislative Budget Board.

"We must instill fiscal discipline across state government," Perry added. "Our current budget situation is challenging, but it also presents us with the opportunity to re-examine the core responsibilities of government and how tax dollars are spent. We must not shy from this challenge. This is the time for bold leadership, innovative solutions and fiscal restraint."

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January 23, 2003
Thursday 10:03:47 p.m. CST

Comptroller Doing More With Less

Texas Comptroller Carole Keeton Strayhorn announced today she is implementing initiatives that will cut her agency's budget by nearly 6% for the remainder of the fiscal year, which would result in savings of $5 million in cuts.

"I said when I gave the revenue estimate that Texas families have had to adjust their budgets in this weak economy and that state government must do the same," Strayhorn said. "I want the Comptroller's office to lead the way in adjusting to these new budget realities. Texas taxpayers don't have a magic stream of money raining down on them in tough times; there's no magic stream for government either."

The cuts include a hiring freeze that will save approximately $950,000 coupled with a salary freeze that will shave an additional $800,000 off the agency's expenditures.

Other major components include reducing the level of contract computer programmers ($900,000), delaying technological upgrades ($850,000) and trimming training and travel budgets ($675,000).

Further savings will be realized by eliminating special initiatives in technology training, reducing overtime and reducing expenditures for general office equipment and supplies. The total cuts come from the comptroller's remaining $86,217,547 budget that runs through Aug. 31, the end of the current fiscal year.

"I have the greatest respect and pride in the way my employees perform and the way our agency operates," Strayhorn said. "But the voters decisively stated last November they expect their government officials to innovate and save their way out of this budget crunch, not spend their way out. These cuts represent the first notch in a tightened state budget belt."

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January 22, 2003
Wednesday 10:16:14 p.m. CST

How Lobbyists R.A.I.D. the Texas Legislature

To read the article, click on the Capitol Spotlight or Capitol Spin.

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January 22, 2003
Wednesday 10:05:27 p.m. CST

April Fool's:  It's Affirmative Action Day!

The U.S. Supreme Court has decided to hear oral arguments in the two controversial University of Michigan cases on April 1, 2003.  One hour has been allotted for the undergraduate case and one hour for the law school case.

An analysis of the legal arguments submitted by the U.S. Department of Department is forthcoming.

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January 22, 2003
Wednesday 10:00:44 p.m. CST

Legislating a Toilet Flush

To read the recently filed bill, click here.

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January 17, 2003
Friday 9:33:23 p.m. CST

Perry, Dewhurst, Craddick:  The Power of Zero

In a historic move, Gov. Rick Perry, House Speaker Tom Craddick and Lt. Gov.-elect David Dewhurst today announced they will call for a complete reexamination of state spending and a more transparent budget framework that lets Texans know how every tax dollar is spent.

A transparent budget presents detailed expenditures and gives legislators the opportunity to ensure spending is focused on state priorities.

The announcement came as Perry presented his proposed budget for the 2004-05 biennium, a spending plan that starts at zero for every agency and every category of spending. Dewhurst and Craddick have also announced their intention to develop budgets that start at zero.

It is the first time in Texas history that the top leaders of the executive and legislative branches agreed in advance on a starting point for the state budget, and set that starting point at zero. Such a move will allow legislators to reevaluate all state spending in light of challenging economic times and to set priorities most important to Texans, the three leaders said.

“The current fiscal situation demands that we reexamine the core responsibilities of government and the state spending practices of the past dozen years,” Perry said. “This budget starts at zero, because in tough budgetary times, every dollar spent by government must be scrutinized to determine whether it justifies consideration as a priority. We must reject the notion that government must continue to do things just because that's the way we have always done it.”

“We are committed to starting our budget at zero and ending within available revenue -- providing Texans with more detailed information on how we spend their tax dollars,” Craddick said. “However, as the governor is well aware, the House is comprised of 150 very diverse members. The specific level of detail will be determined as the House Appropriations Committee prepares the budget bill for consideration by the full body for floor debate.”

Lt. Gov.-elect Dewhurst noted: “We all agree that state government should live within its means, as every Texas family must do. We support the governor's call for increased transparency in the budget process – the public has the right to know more about state programs and how their tax dollars are being allocated. The final details will be worked out by the legislators.”

To view the governor's proposed budget, click here.

You can also find more information at www.texasbudget.com.

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January 17, 2003
Friday 9:30:29 p.m. CST

Senate Committee Appointments Made

Lieutenant Governor-elect David Dewhurst has announced the committee assignments for the Texas Senate.  

To view the committees and membership, click here.

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January 17, 2003
Friday 9:29:13 p.m. CST

Dunnam to Lead House Democratic Caucus

Texas House Democrats chose State Representative Jim Dunnam on Wednesday as the new chairman of the House Democratic Caucus.  As House Democratic leader, the four-term Waco legislator has the primary task of helping his 62 Democratic colleagues as they promote Democratic values and themes during the 78th Texas Legislature.

"While I do not advocate the organization of the Texas House on a partisan basis, I absolutely believe that Democratic beliefs have a place in our State and must be strongly voiced," Dunnam said. "We have a responsibility to protect the rights of individuals and to ensure that the ultra right-wing does not give away state government resources to large corporations and the well-off."

State Representative Dawnna Dukes was elected as the caucus vice-chair.

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January 15, 2003
Wednesday 9:37:39 p.m. CST

Bush:  We Shall Overcome Affirmative Action!

On Martin Luther King Jr.'s birthday, President George W. Bush took a position on a controversial affirmative action education case currently pending in the U.S. Supreme Court. President Bush said that the admission process used at the University of Michigan  to achieve diversity is constitutionally flawed because minorities automatically get 20 points out of a possible 150. White students get no points for being white. Under the 1978 Bakke decision, universities can consider race as a factor in admissions, but it cannot be the decisive factor.  

The undergraduate school uses the point system.  The University of Michigan Law School does not use a point system but strives to achieve diversity by enrolling a "critical mass" of students.  The University of Michigan claims that both admission processes are narrowly tailored to achieve a compelling state interest - diversity.  An appeals court upheld the law school admission process but did not rule on the undergraduate process when the U.S. Supreme Court granted the rejected white applicants' writ of certiorari.  

It is important to note that the President did not specifically say that race could never be considered as a factor in the admissions process.  His comments were limited to the Michigan case.  The President supports "affirmative access" to achieve diversity.  Furthermore, he did not take a position on "legacy admissions," which largely benefit white students whose parents are alumni of a particular university.   

He did support the 10 Percent Plan he signed into law after affirmative action was banned in Texas in the Hopwood decision.  The law was authored by State Representative Irma Rangel (D-Kingsville), the first Mexican American woman elected to the Texas House of Representatives.  Students who graduate in the top 10 percent of their class anywhere in the state are automatically admitted to undergraduate institutions.  The 10 Percent Plan does not apply to graduate or professional schools (i.e. law, medical, etc.)

The United States is not a party in the case, but it will file an amicus brief tomorrow.  The U.S. Supreme Court is expected to hear oral arguments in March and issue a ruling by June.

MyCapitol.com will analyze the legal arguments raised by the U.S. Department of Justice and provide a summary of the legal and political ramifications to all of its readers.

Stay tuned.

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January 15, 2003
Wednesday 9:27:45 p.m. CST

Abbott to Take Oath of Office

Greg Abbott will outline his administration's vision for the next four years at an official swearing-in ceremony tomorrow at 3 p.m. in the Chamber of the Texas House of Representatives.

Governor Rick Perry will give remarks during the ceremony.  Speaker Tom Craddick will welcome the hundreds of Texans scheduled to appear.  The Honorable John Hill, former Texas Attorney General and chief justice of the Supreme Court of Texas will introduce Abbott.  Chief Justice Tom Phillips of the Supreme Court of Texas will administer the oath of office.

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January 15, 2003
Wednesday 9:17:29 p.m. CST

Ethics Reports Go Online

Earlier today lawmakers and statewide officials filed their campaign financial reports required under state law.

To view a particular report, click here.

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January 13, 2003
Monday 9:07:49 p.m. CST

Welcome to the 78th Texas Legislature!

As the Texas Legislature prepares to convene tomorrow at 12 noon, MyCapitol.com would like to extend an early welcome to all the lawmakers, statewide officials, staff, lobbyists, and the general public who have a strong interest in Texas government.

MyCapitol.com  will continue to provide valuable political intelligence, analysis and alerts about what is really going in the Texas Capitol.

Thank you for making the website a success!

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January 13, 2003
Monday 8:37:19 p.m. CST

Strayhorn to Texas Legislature:  Code Level Red

In a letter to Texas lawmakers earlier today, Comptroller Strayhorn delivered the grim, but not unexpected, Biennial Revenue Estimate.  According to her revised revenue estimate, the current fiscal year which ends on August 31, 2003 will have a shortfall of $1.8 billion.  The shortfall for the 2004-2005 biennium budget is even greater.  She predicts $8.1 billion. The total shortfall from now until the end of the next biennium is $9.9 billion.  Strayhorn blames the revenue decline on overspending, unfunded commitments, and an anemic economy.  Unanticipated events such as a war with Iraq or North Korea could increase the shortfall.

"Let us learn from this budgetary challenge," Strayhorn said. "The legislature should make a commitment to the people of Texas that they will never again spend every last dime of taxpayer money, nor establish program after program while leaving an IOU for the next generation of lawmakers."

"My bottom line: I'm telling it like it is. I will not abdicate my responsibility," Strayhorn said. "To paraphrase the country and western song, I'm going to see to it that Texas doesn't have - 'too much month at the end of the money.'"

Strayhorn is expected to update the Texas Legislature on her revenue forecast in late April or early May 2003 as she has previously done in prior sessions.

For more information about the texas budget, go to www.texasbudget.com.

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January 13, 2003
Monday 8:34:19 p.m. CST

What Happened to the Missing Bills?

You might have noticed that Senate Bills 1 -11 and House Bills 1-10 have not been pre-filed.

These bill numbers are reserved for legislation that the Lieutenant Governor and Speaker of the House consider to be "must pass" legislation.  Senate Bill 1 and House Bill 1 will likely be the appropriations bills. The other bill numbers will be assigned accordingly as the session continues.

Senate Bills 1-11 and House Bills 1-10 have a 99.99% success rate and will pass in some modified form before the Texas Legislature adjourns sine die on June 2, 2003.  

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January 13, 2003
Monday 8:28:39 p.m. CST

Wilson Calls for Reparations Study in Texas

State Representative Ron Wilson (D-Houston), a supporter of presumptive Speaker of the House Tom Craddick, has filed legislation that would require the appointment of a commission to study the possibility of providing reparations to all African Americans, Native Americans, Hispanic Americans and women who have been the victims of state sanctioned discrimination.

The commission would be charged with studying past de jure and de facto racial and economic discrimination on these groups and the economic effects on living persons belonging to these particular groups.  The commission would determine the amount to compensate the individuals in the groups.  

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January 7, 2003
Tuesday 9:07:29 p.m. CST

Congratulations Carole Keeton Strayhorn!

MyCapitol.com congratulates the former Carole Keeton Rylander on her marriage to her high school sweetheart, Ed Strayhorn.  Best wishes in all your future endeavors!

For a copy of the news release announcing her inauguration and marriage, click here.

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January 6, 2003
Monday 6:07:29 p.m. CST

Introducting TexasBudget.com:  It's All About Money!

With the advent of the 78th Regular Session of the Texas Legislature, MyCapitol.com is pleased to announce the launching of TexasBudget.com, a new service dedicated to providing information about what really matters at the Texas Legislature - money.

You can access the site by going to http://www.texasbudget.com or by clicking on the link in the home page of MyCapitol.com.

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 DECEMBER 2002
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December 30, 2002
Monday 9:43:09 p.m. CST

No Clones/Clones in Texas

In Texas, there can only be one.

Texas Senator Jane Nelson (R-Flower Mound) has filed legislation that would prohibit human cloning in Texas.  Last Friday, Clonaid, a private company led by individuals who believe that extraterrestrials cloned human beings, announced the birth of the first human clone.

Nelson's legislation would create a civil penalty of not less than $5 million and not more than $10 million for each violation. It would also make human cloning a first degree felony.

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December 27, 2002
Friday 9:43:05 a.m. CST

Bush's Brain Goes Online

The long-awaited book about Karl Rove is now available.  In Bush's Brain:  How Karl Rove Made George W. Bush Presidential, media veterans James C. Moore and Wayne Slater detail the influence of "General Rove" on the President's domestic and foreign policy decisions.  Rove currently serves as the President's senior political adviser.  Rove is part of the President's "Iron Triangle," an inner circle of advisers that include former counselor to the President Karen Hughes and FEMA director Joe Allbaugh.

James C. Moore recently served as the communications director for the Dan Morales Gubernatorial Campaign.

Wayne Slater is the Austin bureau chief for the Dallas Morning News.

To view the website click on karlrove.com or bushsbrain.com.

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December 12, 2002
Thursday 9:50:13 p.m. CST

Cell Phone Users Beware

State Representative Paul Moreno (D-El Paso) has filed legislation to criminalize the use of cell phones while driving. Drivers who are caught using a cell phone with their hands while operating a vehicle may be fined up to $100.  Under his bill, drivers may still use a cell phone if it is attached to a vehicle and does not require the use of hands.   

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December 12, 2002
Thursday 9:48:10 p.m. CST

Tax Cut for College Students

State Senator Rodney Ellis (D-Houston) wants to give college students a break.  He filed a bill earlier today to exempt college textbooks from the sales tax.  A student attending an institution of higher education who presents a valid identification is eligible to receive the break.

If approved by two-thirds of the members in the Texas Senate and Texas House of Representatives and the bill is signed by the governor, the law goes into effect on July 1, 2003.

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December 11, 2002
Wednesday 1:05:17 a.m. CST

December 14th Cometh

The moratorium on political contributions begins at 12:01 a.m. on December 15th for statewide officeholders, members of the Texas Legislature, and specific-purpose committees.  Contributions cannot be accepted or received between December 15, 2002 and June 2, 2003, the last day of the 78th Texas Legislature.  Contributions that are mailed on December 14th but not received until after December 15th are not considered to be "received" during the moratorium period if the contribution was properly mailed and the postmark date is before December15th.

The moratorium on political contributions ends at 12:01 a.m. on  June 3, 2003.

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December 11, 2002
Wednesday 12:35:53 a.m. CST

Ellis Calls for Creation of Corporate Integrity Unit

Texas Senator Rodney Ellis (D-Houston) has filed legislation that would create a corporate integrity unit within the Texas Attorney General's Office.  The unit would cooperate with local authorities in prosecuting corporate fraud committed by corporations, limited liability companies, and registered limited liability partnerships such as law firms.

To view the bill, click here.

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December 11, 2002
Wednesday 12:33:47 a.m. CST

Perry Prioritizes Home Insurance Reform

Texas Governor Rick Perry reaffirmed his commitment to declare homeowners insurance reform an emergency issue when the 78th Texas Legislature convenes in January, putting homeowners insurance at the top of the legislative agenda for state lawmakers.

“Working with legislators of both parties, we will restore fairness to the marketplace, provide greater incentives for competition and lower rates for Texas consumers,” Perry said.

“Homeowners insurance reform will be extensively discussed and debated at the state capitol in the months to come, but all proposals share some common goals,” Perry said. “We must lower rates, continue to stabilize the insurance marketplace, end unfair pricing practices, and stop fraud and abuse within the system.”

Perry has proposed eliminating loopholes in Texas law that have allowed a handful of companies to dominate the state’s insurance market. Currently about 95 percent of homeowners insurance policies in Texas are written by unregulated companies, and almost two-thirds of the market is held by three companies.

Under Perry’s reform plan, the Texas Department of Insurance (TDI) would be given the power to review all insurance companies’ rates and to impose either a company-specific or an across-the-board rate freeze while the agency completes rate reviews. TDI would have 45 days to complete the reviews in most cases.

The governor also has called for a ban on the use of credit histories in setting premium rates, except in instances where there is a direct correlation between consumers’ credit history and their insurance risk. Some insurance companies currently use a score based on consumers’ credit histories to establish homeowner’s rates.

Perry’s insurance reform package also calls for:

Greater consumer choice through form flexibility. Current law only allows large, national insurers or groups representing multiple carriers to use alternative forms. Smaller insurers that are financially sound also should be able to develop coverage alternatives.
Granting the insurance commissioner greater authority in disciplining companies that are chronically negligent in their responses to claims. State law currently requires insurance companies to respond to claims within 15 days, but Perry said he wants TDI to have the authority to order companies with histories of chronic foot-dragging to respond to claims within 48 hours.
Improved claims response, including the licensing and regulation of mold remediators and state oversight of public adjusters.

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December 8, 2002
Sunday 10:26:07 p.m. CST

Bush Picks Railroad Executive as Secretary of the Treasury

President George W. Bush has selected John W. Snow, chairman of the CSX Corp., as the next Secretary of the Treasury.  Bush picked Snow after he fired former Alcoa Chairman Paul H. O'Neill as Treasury Secretary late last week.

To read the story, click here.

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December 3, 2002
Tuesday 7:33:47 p.m. CST

Perry Appoints New Commissioner of Health and Human Services

Texas Governor Rick Perry today appointed Albert Hawkins, an aide to President George W. Bush, as the next Health and Human Services commissioner.

As commissioner, Hawkins will oversee an annual budget of more than $8 billion, 625 employees and several key state programs, including the Children’s Health Insurance Program and the Texas Medicaid Program.

“Albert brings a strong level of state and federal budget expertise, along with a commitment to improving the quality of services delivered through government, to his new role,” Perry said. “He also shares my commitment to building on the successes the commission has seen over the past several years, such as the creation and growth of the Children’s Health Insurance Program.”

Hawkins will replace Commissioner Don A. Gilbert at the Health and Human Services Commission, which also has oversight responsibility for 11 health and human services agencies. Gilbert is retiring after almost four years as the head of the commission and 30 years of state service.

“I want to acknowledge the outstanding work done by Don Gilbert,” Perry said. “Over the years, I have enjoyed working directly with him on numerous issues. He leaves a legacy of service to Texans that will be difficult to match.”

Hawkins has served in the Bush Administration since January, 2001. He is the primary liaison between the president and the Cabinet members, and he chairs a working group responsible for making recommendations on race-related policies to the president. Hawkins joined the Legislative Budget Board in 1978, and he became the board’s deputy director in 1994. In 1995, then-Governor Bush appointed Hawkins as the director of the Governor’s Office of Budget and Planning. He has a master’s degree from the Lyndon B. Johnson School of Public Affairs.

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December 3, 2002
Tuesday 7:29:07 p.m. CST

Perry Supports Texas Sodomy Law

Texas Governor Rick Perry said today that the 1974 law criminalizing deviate sexual intercouse (anal and oral sex) between same-sex couples but not among heterosexuals is "appropriate."  The U.S. Supreme Court agreed yesterday to review the constitutionality of the statute even though it is rarely enforced.  The Court also signaled that it may overturn its 1986 decision that allowed states to pass laws similar to the one in Texas.

Opponents of the law say that it discriminates against gay couples who wish to engage in consensual sexual activities in the privacy of their own home.  Supporters say that legislatures have the right to pass laws to regulate public morals.   

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December 2, 2002
Monday 12:29:27 a.m. CST

Former White House Aide:  Rove Is "Mayberry Machiavelli"


Karl Rove, senior political adviser to President George W. Bush, has come under fire from the former director of the White House Office of Faith-Based and Community Initiatives.  According to an interview in Esquire Magazine, Dr. John J. DiIulio, Jr., a domestic affairs expert and professor at the University of Pennsylvania, said that the White House is more concerned about politics than about policy.  

"There is no precedent in any modern White House for what is going on in this one: a complete lack of a policy apparatus. What you've got is everything, and I mean everything, being run by the political arm. It's the reign of the Mayberry Machiavellis," said DiIulio.

DiIulio was particularly critical of Karl Rove, the President's closest adviser and the mastermind behind the GOP takeover of Congress.  He considers Rove "enormously powerful, maybe the single most powerful person in the modern, post-Hoover era ever to occupy a political-adviser post near the Oval Office."

The White House did not comment pending review of the article.

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 NOVEMBER 2002
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NOVEMBER 30, 2002
Saturday 3:49:15 p.m. CST

Farmers Insurance and State of Texas Reach Settlement

Farmers Insurance Group and the State of Texas have reached a settlement regarding Farmers' insurance practices. Farmers had threatened to leave Texas after the State sued Farmers for their pricing practices.  The lawsuit was filed several weeks before the November elections.  Bill Miller of HillCo Partners was the spokesman for Farmers at the time the lawsuit was filed. He called the lawsuit "political harassment".  

Texas Governor Rick Perry issued the following statement regarding the settlement:

"I am pleased that Farmers Insurance Co. has agreed to a $100 million settlement package to resolve legal and administrative actions filed by the state against the company. This settlement is good for two reasons: It provides reduced rates, refunds and premium credits for Farmers' policyholders, and it allows the thousands of good Farmers agents in Texas to continue writing policies.

"My goal has always been to find a resolution that not only protects Texas consumers, but also allows Farmers to continue doing business in this state.

"Although Farmers Insurance admits to no wrongdoing as part of the settlement, I believe the state's complaints were valid.

"I commend Farmers for settling these legal matters and I welcome the company's continued business in the state.

"With this behind us, state leaders can now focus on our next step, which is to pass substantive homeowners insurance reform that will lower rates for all Texans and protect them against unfair business practices."

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NOVEMBER 30, 2002
Saturday 2:39:15 p.m. CST

Mckinney to Work for UT System

Dr. Mike McKinney, Governor Rick Perry's former chief of staff, will be the next vice chancellor for health affairs for The University of Texas System.

He will be paid $375,000 annually.

"It's my dream job," said McKinney.

Lobbyist Mike Toomey replaced Dr. Mike McKinney as chief of staff.

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NOVEMBER 30, 2002
Saturday 2:35:45 p.m. CST

Texas Ethics Commission Names New Executive Director

Karen Lundguist, former general counsel for the Texas Ethics Commission, has been named as the agency's executive director.
She replaced Tom Harrison who is the director of legal and governmental relations for the Texas County and District Retirement System.  

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NOVEMBER 28, 2002

Happy Thanksgiving!

MyCapitol.com wishes everyone a happy and safe Thanksgiving holiday.

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NOVEMBER 27, 2002
Wednesday 11:55:15 p.m. CST

Texas Legend George Christian Dies of Cancer

George Christian, former press secretary to President Lyndon B. Johnson, died earlier tonight in an Austin hospital.  He was 75.  Christian had been diagnosed with lung cancer in October 2001.

"George was a man of high principle and impeccable integrity. He was one of the wisest and most respected political advisers in Texas history. A friend to presidents, governors and politicians of all persuasions," Texas Governor Rick Perry said.

Texas Senator Kay Bailey Hutchison also praised Christian.  

"George Christian was an important part of the political landscape of modern Texas. He was a gentleman of the old school, but he always had fresh ideas. He was a good friend, a trusted adviser, and I will miss him terribly," said Senator Hutchison.

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NOVEMBER 25, 2002
Monday 9:45:25 p.m. CST

Calling All Politicians: Get Paid to Run for Public Office!

The Federal Election Commission approved a rule today that will allow candidates for federal office to be paid a salary from their campaign committees.  The salary will be a pro-rata  amount on what the candidate was making at a prior job or the salary of the office the candidate is seeking.  The salary will be offset by any income earned by the candidate. Theoretically, the new rule will allow individuals with lesser means to enter the public arena.

In Texas, lawmakers are prohibited from collecting a salary or using campaign funds for "personal use."  However, lawmakers can use officeholder or campaign funds for "legislative purposes."  The term has been liberally interpreted by the Texas Ethics Commissions to mean anything related to fulfilling the legislative duties of a lawmaker.  Campaign funds can be used to purchase vehicles, rent expensive homes in country clubs, dine with constituents, take foreign language lessons in other countries, and even purchase exercise equipment for legislative staff.

Texas lawmakers make $600 a month ($7,200 a year) for their services.  A salary could make serving Texas a lot more pleasant.  In light of the FEC ruling, a bill may be filed this legislative session allowing Texas lawmakers to collect a salary from campaign funds provided by the Texas lobby.

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NOVEMBER 25, 2002
Monday 9:35:43 p.m. CST

Lawmakers Set Budget Limit

The Texas Legislative Budget Board approved a $54.9 billion spending cap in state money for the next legislative session.  The amount does not include federal money.  The new amount represents a 12% increase from the previous biennium budget. The budget limit was adopted at the recommendation of Texas Comptroller Carole Keeton Rylander.  Rylander is expected to unveil her revenue estimate prior to January 14, 2003, the first day of the 78th Texas Legislature.

The revenue estimate that will be provided by Comptroller Rylander is not set in stone.  In April or early May 2003, Rylander will revise her estimate before the budget is finalized.  In previous legislative sessions, the Comptroller has found new money toward the end of the session to fund desired legislative projects.  Bills that are on the "wish list" (i.e. contingent upon funding) will survive or die based on Rylander's revised estimate.  

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NOVEMBER 25, 2002
Monday 9:30:12 p.m. CST

Texas Inaugural Committee Chairs Selected

Texas Governor Rick Perry and Lieutenant Governor-elect David Dewhurst have selected three people to chair the Texas Inaugural Committee.

Pamela Willeford, chairwoman of the Texas Higher Education Coordinating Board, will chair the committee. James Huffines, a principal at Hester Capital Management, L.L.C. in Austin, will be a co-chair.  Drayton McLane, chairman and chief executive officer of the Houston Astros and chairman of McLane Group, L.P., in Temple, is also a co-chair.

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NOVEMBER 19, 2002
Tuesday 1:35:19 a.m. CST

Are You Ready to Dance?

Mark your calendars.  The 2003 Texas Inauguration of Texas Governor Rick Perry and Lieutenant Governor-elect David Dewhurst will be held on January 21, 2003, one week after the Texas Legislature convenes.  More details will be posted the first week in December.

If you are interested in participating in inaugural activities, click here.

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NOVEMBER 19, 2002
Tuesday 1:15:19 a.m. CST

Powerball in Texas!

For those avid Texas Lotto players who are tired of the $4 million jackpots, there is hope.   State Representative Roberto Puente (D-San Antonio) filed HB 209 yesterday which allow the state of Texas to participate in a multi-state lottery commonly known as Powerball.  Powerball lotteries have offered jackpots close to $100 million.  While opposition is expected from groups who believe that gambling is a sin or immoral, participation in a Powerball lottery could help raise revenue to address the anticipated budget deficits in Texas.

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NOVEMBER 12, 2002
Tuesday 8:15:07 p.m. CST

Capitol Spin Turning Heads?

Two days after launching Capitol Spin, MyCapitol.com is pleased to see that the editorial board of the Austin American-Statesman, one of Texas' leading newspapers, wrote an editorial using the same "late train" analogy and buzz words as in the first published article.

To read the article in Capitol Spin, click here.

To read the editorial in the Austin American-Statesman, click here.

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NOVEMBER 12, 2002
Tuesday 7:55:37 p.m. CST

Garza Confirmed as Ambassador to Mexico

Texas Railroad Commissioner Tony Garza has been confirmed by the U.S. Senate to be the next ambassador to Mexico.

Garza has said he would begin working soon after confirmation.  It is not clear when he plans to resign from the Texas Railroad Commission.

Texas Governor Rick Perry has the authority to appoint the next Railroad Commissioner.  Possible replacements could come from the private or public sector, the Texas House of Representatives, or the Texas Senate.

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NOVEMBER 12, 2002
Tuesday 7:45:27 p.m. CST

Mexican American Legislative Caucus: United We Stand!

With the advent of Republican control of the Texas House of Representatives for the first time in 130 years, members of the Mexican American Legislative Caucus (MALC) have pledged to fully support the caucus' priorities--children, elderly health care, education, and border programs.  

“Because we support Texas kids, caucus members pledged to vote no on any cuts to kids. Because education is crucial to our state’s economic and social well-being, caucus members pledged to vote no on any education cuts. Because we support the elderly, caucus members pledged to vote no on any cuts to Medicaid or Medicare. And because we support border programs, caucus members pledged to vote no on any cuts to border programs. MALC members will stand by MALC issues,” said State Representative Pete Gallego (D-Alpine).  Gallego is Chair of the Mexican American Legislative Caucus.

The thirty-five signatures included Representatives Vilma Luna, Kino Flores, Jim Solis, Ruth Jones McClendon, Robert Puente, Jose Menendez, Jaime Capelo, Roberto Gutierrez, Dora Olivo, Rick Noriega, Miguel Wise, Paul Moreno, Elvira Reyna, Michael Villarreal, Joe Moreno, Norma Chavez, Carlos Uresti, Trey Martinez-Fischer, Pete P. Gallego and incoming members Roberto Alonzo, Ryan Guillen, Aaron Peña, Jr., and Eddie Rodriguez. In absentia signers included Lon Burnam, Garnet Coleman, Jim Dunnam, Jessica Farrar, Rene Oliveira, Joe Pickett, Irma Rangel, Richard Raymond, and incoming members Gabi Canales, Joaquin Castro, Timoteo Garza, and Chente Quintanilla.

Last week, MALC members Vilma Luna, Kino Flores, Robert Puente, Jose Menendez, Elvira Reyna, and Norma Chavez pledged to support State Representative Tom Craddick (R-Midland) in his bid to be the next Speaker of the Texas House of Representatives.

The Mexican American Legislative Caucus is a non-partisan public policy caucus made up of Democratic and Republican members of the Texas House of Representatives dedicated to representing the interest of Latinos across Texas.

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NOVEMBER 12, 2002
Tuesday 7:35:17 p.m. CST

Craddick Begins Transition to Power

State Representative Tom Craddick (R-Midland) has assembled a transition team to assist him in reorganizing the Texas House of Representatives as Republicans prepare to gain control for the first time since Reconstruction.  

Former State Representatives Bill Ceverha, R-Dallas and Bill Messer, R-Belton and Bill Miller of HillCo Partners will assist Craddick with the transition.

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NOVEMBER 12, 2002
Tuesday 7:30:10 p.m. CST

I'm Just A Bill

Today was the official day to begin prefiling legislation for the 78th Texas Legislature.

To view a list of all prefiled bills, click here.

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NOVEMBER 11, 2002
Monday 1:37:37 p.m. CST

Capitol Spin Is Online!

MyCapitol.com has launched Capitol Spin, a new feature designed to keep interested readers informed about what is really going on in the world of politics.  Suggestions and comments can be sent to the webmaster@mycapitol.com.

Click here to read the first article, "Choo! Choo!:  All Aboard the GOP Victory Express".

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NOVEMBER 11, 2002
Monday 1:20:27 p.m. CST

House Democratic Caucus Chair Calls for Bipartisanship

State Representative Patricia Gray (D-Galveston) and Chair of the House Democratic Caucus issued the following statement regarding the change of leadership in the Texas House of Representatives:

"As members of the Texas House, we have been proud to work under Speaker James E. "Pete" Laney's bipartisan brand of leadership for 10 years.  We have accomplished great things for Texas families, including the Children's Health Insurance Program (CHIP) for quality, affordable health care, Texas Grants to give deserving students an opportunity for higher education, a landmark teacher pay raise for benefits, and better public schools--all with responsible fiscal management.

"The only thing Speaker Pete Laney has asked for us is to represent the people of our districts as best as we can, and he gave us the freedom to speak on their behalf.  Speaker Laney's legacy is greater openness and efficiency in the Texas Legislature, ethical standards for those serving in public office, and an unwavering commitment to a bipartisan spirit and fairness to all members.

"For many years, the nation has considered Texas a model for cooperation between Democrats and Republicans.  That spirit should continue to prevail throughout the change in Texas House leadership.  Although there will be times when we respectfully disagree about how to achieve common goals, all members should strive to be guided by what Speaker Laney has asked of us--to represent the people who sent us to Austin to the best of our abilities."

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NOVEMBER 11, 2002
Monday 1:00:27 p.m. CST

Farmers Staying in Texas for Now

Farmers Insurance is not leaving the Texas home insurance market after a standstill agreement was reached with the Texas Department of Insurance. Under the agreement the company will continue to do business in Texas for the next 30 days and Farmers will provide an immediate 6.8 percent rate cut for existing customers who renew their policies between November 11 through December 10.

“I am pleased that Farmers Insurance has taken this small step while negotiations continue,” Governor Rick Perry said. “This standstill agreement benefits Farmers’ customers in the short term while providing additional time for both sides to reach a resolution.”

In August, TDI issued a cease and desist order against Farmers Insurance. Under this agreement, the November 11 deadline imposed by the state’s cease and desist order will be extended another 30 days and Farmers Insurance will continue to write homeowners policies during that time.
“The 6.8 percent rate cut ensures that Texans benefit from the agreement to postpone the cease and desist order,” said TDI Executive Deputy Commissioner Karina Casari.

A political action committee of Farmers Insurance recently contributed $150,000 to the committee to elect State Representative Tom Craddick (R-Midland) as the next Speaker of the Texas House of Representatives.  

Bill Miller of HillCo Partners has been handling media relations for Farmers Insurance.

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NOVEMBER 11, 2002
Monday 12:50:19 p.m. CST

Nelson to Discuss Health Legislation

Prefiling of legislation begins tomorrow, November 12, 2002.

Texas Senator Jane Nelson (R-Lewisville) will hold a press conference tomorrow at 10:30 a.m. in the Senate Press Conference Room, 2E.9 to discuss important health legislation.

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NOVEMBER 7, 2002
Thursday 9:45:13 p.m. CST

List of Lawmakers Supporting Tom Craddick for Texas House Speaker

If you are e-mail subscriber to The Lege, you should have received a "Breaking News" alert earlier this morning regarding the race for Texas Speaker.  As of 9 a.m. this morning, State Representative Tom Craddick had over 90 supporters, including 16 Democrats.

To view the list of pledges, click here.

State Representative Tom Craddick issued the following statement when he announced the pledges:

"Today I am showing interested parties that I have obtained sufficient pledges to be elected Speaker of the Texas House of Representatives next January.  The pledges, and the support behind them, make this a very special moment in my life.

"I am honored by their commitment to my candidacy.  My commitment to them is the same pledge I made when announcing my campaign for Speaker:

"Any member who can present a convincing argument for a bill and garner support for it among the members will be afforded the chance to move that legislation through the parliamentary process. I will guide the House with a fair, even hand.  No one will be shut out.  Everyone one will have their chance to do what their constituents sent them to Austin to do.

"Simply stated, the legislative process should embody a spirit of fairness and cooperation.  That is what our Constitution envisions, and that is what Texas voters have a right to expect of us.  It is a truly open House when these simple rules are followed.

"In the days ahead I will meet with Representatives-elect, our returning members and the caucuses to learn what they believe are the priorities for our body in the next session.  The Speakership is a great honor and it can only work when all members are encouraged to participate in the legislative process.

"I'd like to close by saying a few words about the current Speaker, Pete Laney.

"He is an outstanding human being who has led this body with distinction.  I have known Pete since our school days at Texas Tech and, although we have disagreed about some things along the political path, he gave his heart and soul to the Texas House of Representatives.

"I am proud to stand in line for the Speakership behind someone of his caliber and prouder still to be able to call him my friends.  Speaker Pete Laney is a unique man, a wonderful politician and an outstanding Speaker.

Thank you, Mr. Speaker."
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NOVEMBER 7, 2002
Thursday 9:40:10 p.m. CST

Statement by Texas House Speaker Pete Laney

The following statement was released by Texas House Speaker Pete Laney after Tom Craddick's announcement.

"I have always said that being Speaker of the Texas House is the best job anyone could have. It has given me the opportunity to serve the people of Texas and to serve with many outstanding, dedicated men and women in the House.

"I have accomplished the goals I set out 10 years ago when the members of the House first elected me as their presiding officer.  We opened up the legislative process to the public and to all House members so they could participate to the full extent of their ability and desire.  We have earned the trust and respect of Texans through our ethics standards and hard work.  And we have managed our state's finances responsibly.

"I will do all that I can in the next two months to help the House, and the newly elected members, for the difficult challenges of the coming session.

"It is my hope that the Texas House will continue to serve as an example of bipartisan leadership and cooperation for the rest of our nation; that we will continue to earn the trust of Texans through the highest standards of conduct; and that we maintain a legislative process that is open and fair to all."

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NOVEMBER 6, 2002
Wednesday 7:55:45 p.m. CST

On Your Mark, Get Set, Prefile!

Current lawmakers who will be returning when the 78th Texas Legislature convenes on January 14, 2003 can begin prefiling legislation on November 12, 2002.  Pre-filing is largely a symbolic and media event.  Legislation that is pre-filed is not necessarily given priority.  Rather, pre-filing gives lawmakers the opportunity to promote their legislative agenda and to show their constituents that they are actually trying to do something in Austin, Texas.  Lobbyists who monitor legislation for their clients will begin building relationships with lawmakers (i.e. free dinners, golf games, and campaign contributions, etc.)  to assure that their clients interests are protected.  

In the Texas House of Representatives, prefiled bills will not be assigned to committees until a Speaker of the House is chosen, the rules of the Texas House of Representatives are adopted, and committee assignments are made. Committee assignments are likely to made in early February 2003.  The Speaker of the House appoints the committee chairs. Committee chairs are very powerful because they determine which pieces of legislation will be considered first.  There is a strong likelihood that the chairs of the four most powerful committees-Appropriations, Calendars, Ways and Means and State Affairs-will be Republicans. Republicans are likely to hold 85 to 88 of the 150 seats in the Texas House of Representatives during the next legislative session.  

In the Texas Senate, prefiled bills will be referred to committees when the Senate Rules are adopted and committee assignments are made.  Lieutenant Governor-elect David Dewhurst will preside over the Senate in January.  Republicans hold 19 of the 31 seats in the Texas Senate.

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NOVEMBER 6, 2002
Wednesday 7:36:12 p.m. CST

John Sharp Ends Public Service Career

The third time will not be the charm for Democratic Lieutenant Governor candidate John Sharp.  After losing to Land Commissioner David Dewhurst yesterday, Sharp announced that he is retiring from Texas politics.

Sharp issued a statement Wednesday thanking Texans for the opportunity to serve. He also said, "I accept with no regret their decision that my public service career will now end."

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NOVEMBER 6, 2002
Wednesday 7:33:12 p.m. CST

Tom Craddick to Hold Press Conference

State Representative Tom Craddick (R-Midland), the probable Republican successor to Speaker Pete Laney (D-Hale Center), will hold a press conference tomorrow at 9 a.m. in the Speaker's Committee Room in the Texas Capitol. Craddick is expected to announce that at least 80 lawmakers have pledged to support his candidacy to be Speaker of the Texas House of Representatives.

"We have sufficient votes for Mr. Craddick to be the next speaker, and right now we are just really working on the degree of margin," said State Representative Ken Marchant (R-Coppell).  Marchant is chair of the Republican Caucus.

State Representative Ron Wilson (D-Houston)  and other minority Democrats previously loyal to Pete Laney agreed to support Craddick.

"The only way a Democrat could be elected speaker of the House of Representatives is for Osama bin Laden to kidnap 20 Republicans and hold them for 12 weeks," Wilson said.

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NOVEMBER 6, 2002
Wednesday 7:15:07 a.m. CST

Texas Republicans Dominate Statewide Offices

After extensive campaigning, Texas Republicans made a clean sweep of all statewide offices in Texas.
Texas Governor Rick Perry (R) defeated multi-millionaire Tony Sanchez, Land Commissioner David Dewhurst (R) defeated conservative Democrat John Sharp (D) in the race for Lieutenant Governor, former Texas Supreme Court Justice Greg Abbott (R) prevailed over former Austin mayor Kirk Watson (D) to become the next Attorney General, Texas Comptroller Carole Keeton Rylander (R) and Agriculture Commissioner Susan Combs (R) easily won re-election, and Jerry Patterson (R) defeated former Texas Senator David Bernsen (D) in the race for Land Commissioner.

In the U.S. Senate race, current Texas Attorney General John Cornyn (R) defeated former Dallas mayor Ron Kirk (D).

Texas Democrats had hoped that the "Dream Team" of Tony Sanchez, John Sharp, and Ron Kirk would invigorate voters to elect a government that looks like Texas.  However, voters rejected the mosaic approach to Texas government.  

The battle for the Texas House of Representatives is next on the Texas GOP's agenda.  Speaker Pete Laney (D-Hale Center) is fending off a challenge by State Representative Tom Craddick (R-Midland).  With the help of some ABC (Anyone But Craddick) Republicans, Laney is expected to stay in power.   The conventional wisdom among Texas insiders is that Laney could still be re-elected if there are no more than 82 Republicans out of 150 in the Texas House of Representatives.  If there are more, then his future is in doubt.

Stay tuned for more analysis.

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NOVEMBER 5, 2002
Tuesday 10:47:19 p.m. CST

Rick Perry Declares Victory in Texas Governor's Race;  Tony Sanchez Plans to Give Him "Hell"

John Cornyn Declares Victory in U.S. Senate Race; Ron Kirk is Silent

David Dewhurst Leads John Sharp; No Declaration of Victory Yet

Greg Abbott Leads Kirk Watson in Race for Texas Attorney General

Susan Combs is Declared Victor in Race for Agriculture Commissioner

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NOVEMBER 5, 2002
Tuesday 8:35:49 p.m. CST

Rylander Wins Re-election

The Associated Press is reporting that Texas Comptroller Carole Keeton Rylander easily defeated Democratic challenger Marty Akins.

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NOVEMBER 5, 2002
Tuesday 8:13:12 p.m. CST

CNN:  Rick Perry is Winner in Texas Governor's Race

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NOVEMBER 5, 2002
Tuesday 8:05:45 p.m. CST

MSNBC:  Perry 51%, Sanchez 41%

MSNBC has just reported that early returns show Texas Governor Rick Perry ahead with 51% of the vote.  

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NOVEMBER 5, 2002
Tuesday 8:00:05 p.m. CST

Texas Secretary of State Website Not Responding

The election results page in the Texas Secretary of State website is not responding.  It could be due to heavy Internet traffic.  Keep trying.

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NOVEMBER 5, 2002
Tuesday 7:49:15 p.m. CST

Jeb Bush Projected as Winner in Florida

CNN and Fox News are projecting that Jeb Bush will be re-elected in Florida.

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NOVEMBER 4, 2002
Monday 7:39:25 p.m. CST

Election Night Coverage

In less than 24 hours, the real pollsters will determine who will govern this country and the state of Texas.

The Lege will be posting election results once the polls close. Be sure to log on to stay informed about what is happening.

Lege Alerts will be sent, but they will be kept to a minimum to avoid clogging servers.

Texas campaign watchers can click on "My Campaigns" in the MyCapitol.com home page to access results from the Secretary of State's office.  

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NOVEMBER 3, 2002
Sunday 4:10:46 p.m. CST

Exclusive:  Transcript of Dan Morales Supporting David Dewhurst for Lieutenant Governor

Yesterday evening, The Lege was first to report the story that former Texas Attorney General Dan Morales was calling voters to urge their support of David Dewhurst for Lieutenant Governor.

The Lege has heard Morales' message.  In his telephone message, Dan Morales says the following:
"This is former Texas Attorney General Dan Morales.  Even though I 'm a Democrat I'm calling to urge you  to support my good friend David Dewhurst for Lieutenant Governor.  David Dewhurst shares our values and has earned a reputation as one of the finest Land Commissioners in Texas history.  He will fight for educational opportunities for our children, work to lower home insurance costs, and work to create jobs for all Texans.

Please join me and other Texas Democrats, Independents and Republicans in voting David Dewhurst for Lieutenant Governor on Tuesday.

Gracias."

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NOVEMBER 3, 2002
Sunday 2:10:66 p.m. CST

Karen Hughes:  Turnout Could Affect "Close Race" for U.S. Senate

Despite two new polls showing Republican U.S. Senate candidate John Cornyn with comfortable leads over Democrat U.S. Senate candidate Ron Kirk, former presidential adviser Karen Hughes cautions that the race is a "close race." Hughes is a personal confidant of President George W. Bush and was once described as a member of Bush's "Iron Triangle."

A new Zogby/MSNBC Poll released today shows Cornyn at 49% and Kirk at 48%.

Brit Hume of Fox News Sunday interviewed Hughes this morning and she said the following regarding the U.S. Senate race:

HUME: Karen, you live in Texas now, back home. Some late polls are suggesting that the Texas Senate race, Republican Cornyn versus Democrat Kirk, a race that the Republicans have felt was well in-hand, has now drawn extremely close. And there's even one poll that indicates that Kirk may even be ahead. What's your sense of that race?

HUGHES: Well, I think it is a close race. I think John Cornyn is an outstanding candidate, and I think if our people do their job and get the vote out that he will win.

But we're up against a huge, huge amount of money, a record amount of money being spent on turnout. The Democrats have clearly targeted Texas, would love nothing more than try to embarrass the president there.

HUGHES: The governor's candidate there is spending a record amount of money, at last report I think $60 million of his own money, which is just almost unheard of. When President Bush ran as governor the first time, he spent $13 million. So we're up against a huge amount of Democrat money.

But I think John Cornyn is a great candidate. I think Ron Kirk made a real mistake when he tried to incite class warfare in the ranks of our military during a time of war.

And so, I think in the end that John Cornyn will be elected to the Senate, but our people really need to work hard.
And that's true all over the country. We have a number of Senate races that are just too close to call, and it's going to depend on who does a better job of getting their voters out to the polls on Tuesday.

To read the full transcript, click here.

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NOVEMBER 2, 2002
Saturday 8:49:46 p.m. CST

Dallas Morning News and Houston Chronicle:  GOP Candidates Ahead

Polls conducted on behalf of the Dallas Morning News and the Houston Chronicle show Republican candidates Rick Perry and John Cornyn with comfortable leads in the final days of the campaign.  

The Tony Sanchez Campaign claims that their internal polls show the race for Texas Governor a dead heat.

To read the article, click here.

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NOVEMBER 2, 2002
Saturday 8:47:23 p.m. CST

Is Dan Morales Supporting David Dewhurst?

The Lege has learned that Texas voters are receiving automated telephone messages from former Democratic gubernatorial candidate Dan Morales.   Morales is encouraging them to support the candidacy of Republican Lieutenant Governor candidate David Dewhurst.  It is not clear whether the telephone calls have been targeted at Hispanic households.

Dan Morales has not publicly endorsed David Dewhurst.

Last month Morales endorsed Rick Perry for Texas Governor.

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NOVEMBER 2, 2002
Saturday 8:46:17 p.m. CST

Sanchez Touts Hispanic Newspaper Endorsements

Democratic gubernatorial candidate Tony Sanchez received the official endorsements of El Sol de Texas, La Prensa and El Editor this week. The newspapers serve readers in Dallas/Ft. Worth, Austin, Lubbock, Midland and Odessa.

Rogelio Santillan, editor of El Sol de Texas, one of the largest and oldest Hispanic newspapers in Dallas/Ft. Worth, said the following:
"Tony Sanchez has offered his help and commitment, not only toward Hispanics, but to all Tejanos, in a political campaign that has not looked for the support or the contributions of the special interests. His campaign has been run with his own resources, which proves he will not be beholden to future commitments from the special interests."

La Prensa issued the following statement:

"Tony Sanchez represents the future of Texas. He is a success as a human being because of his devotion to his family and the Mexican American community of which he is part. He is educated, financially independent and actively involved in trying to pull other's up to where he has arrived."

El Editor also praised Sanchez:

"Tony Sanchez has proven that he is the best candidate for Governor. He is proposing plans that will work for every Texan and he especially takes into account the needs of the low-income citizens of Texas. Tony Sanchez is not like the normal Hispanic candidate that just runs with good intentions. He has run to bring a positive change. Sanchez has proven that he has the resources to win and has dedicated his campaign to making an all out effort regardless of cost."

Sanchez has also been endorsed by El Periodico USA of McAllen, La Semana of Houston, and Que Onda magazine of San Antonio, Houston and Dallas.

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NOVEMBER 2, 2002
Saturday 8:42:39 p.m. CST

Texas GOP:  Election Mischief Claims Lack Merit

The Republican Party of Texas has blasted the Texas Democratic Party for false claims of election mischief and voter intimidation.

The following statement is printed in its entirety as a courtesy to readers of The Lege:

"Is the Texas Democratic Party a credible source when it comes to making claims about election mischief?

Let's look at their history:

"On Tuesday, [TDP Party Chairwoman Molly Beth] Malcolm's office issued a second news release suggesting the GOP was behind reports of 'voter intimidation' that had reportedly come to her office from Fort Worth. Lt. Duane Paul of the Fort Worth Police Department said Friday that no voter intimidation reports had come to his office and he had heard of none in the area... Democratic Party spokesman Mike Hailey said his office had not investigated the Fort Worth voter intimidation report but had referred it to the U.S. Department of Justice." San Antonio Express-News, April 14, 2002

"Without presenting evidence, Democratic Party Chairwoman Molly Beth Malcolm said Republicans have made a barrage of anonymous, automated phone calls that criticize Kirk for his work as a lobbyist and describe Morales as an advocate for 'the little guy.'" Fort Worth Star Telegram, April 9, 2002

"Texas Democratic Chair Molly Beth Malcolm last week said the [Bush presidential debate preparation] tape incident was a dirty trick that had 'Karl Rove's fingerprints written all over it.'" Houston Chronicle, October 01, 2000

But "lifelong Democrat" Yvette Lozano later plead guilty to stealing the tape, was convicted and sentenced to one year in prison. Dallas Morning News, September 1, 2001

Now, according to today's Houston Chronicle, Ms. Malcolm is traveling the state alleging, "Republicans are embarking on a general effort to intimidate voters in Dallas and Harris counties as well as South Texas." Her proof? She said "she heard" it.

While it is the job of a political party to advocate for its position, there is a difference between telling the story from your perspective and simply making stuff up. The Texas Democratic Party has a history of simply making stuff up, irresponsibly lobbing charges against Republicans without substantiating their claims. Since the sky seems to be perpetually falling at TDP headquarters and all their candidates are down in the polls, these tactics are likely to continue and perhaps increase over the next three days. The next time TDP makes another baseless claim regarding voter intimidation or other election mischief, be responsible, check the facts (if any are even presented) and consider the source."

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NOVEMBER 2, 2002
Saturday 8:40:53 p.m. CST

Texans + U.S. Senate Race = TexansWantTheTruth.com

The Texas Democratic Party has launched another website challenging the claims of U.S. Senate Republican candidate John Cornyn.  It is a follow-up to enronjohn.com.

To check it out, click here.

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NOVEMBER 1, 2002
Friday 6:30:33 a.m. CST

Perry Welcomes Hispanic Endorsements

Texas Governor Rick Perry has received endorsements from Hispanic pastors, the Latino Coalition and La Prensa newspaper.     

 “As an organization, we always prefer to support Latino candidates.  However, in this race the facts show that your record of accomplishments on behalf of the Hispanic community in Texas cannot be ignored, said Latino Coalition President Robert G. de Posada.  

“You have been a close friend of the Latino community and have been there when our community needed you.  This was very evident in private conversations with many Hispanic elected officials and community leaders across Texas.  We constantly heard them praise your leadership and your record of accomplishments in areas like education, health care and transportation.  While many of them could not do it publicly because it may not be `politically correct', it was very clear to us that you enjoy strong support in the Texas Latino community.  That is why our Board of Directors has decided to put principle over politics and do what is right for our community.”  

Several Hispanic pastors in San Antonio also endorsed Perry.

“These pastors are highly respected by their congregations, and thousands of Texans value their advice and opinion,” said Governor Perry.  “No one should be surprised that I have been endorsed by Hispanic Texans, organizations and pastors because it really comes down to shared values.  As Governor, I've fought to empower more citizens of every background, expand college scholarship opportunities, and to improve health care and public schools.

“I have been a pro-family governor who has embraced with open arms the ideas and idealism of men and women of faith.
And because I have worked across party lines to get things done for Texas, I have received broad support from Hispanic and African-American Texans, and many organizations and leaders traditionally associated with the Democrat Party.”

Among the pastors personally endorsing Governor Perry are Rev. Francisco Coloph, Pastor of Austin Cathedral and Director of the Southwest Region of the National Alliance of Evangelical Ministers (AMEN); Rev. Teofilo Aguillón, of McAllen, Superintendent of The Hispanic Assemblies of God; Dr. Gilbert Davila, Bishop of San Antonio's Church of God; and Dr. Jesus Cisneros, Senior Pastor of Lubbock's Ministerios Nueva Vida.

Other pastors joining today's announcement are Dr. Raul Garza, Unified Local Churches (San Antonio); Mr. Adam Castro, Ministerios Nueva Vida (Lubbock); Dr. Felipe A. Baldizon, President of El Shadai Ministry (San Antonio); Rev. Otoniel Solares, Senior Pastor of Faith Cathedral, A/G (Dallas); Dr. Carlos Ferreyro, President of the Full Gospel Men's Fellowship (San Antonio); Rev. Samuel Trevino, Evangelist (Smithville); Pastor Abraham Perez, United Pentecostal Local Incorporated International (Austin); and Pastor Luis Mariano Castellanos, Denominational Leader, Verbo North America (San Antonio).

Perry also recently earned the endorsement of Dallas-based La Prensa weekly newspaper and publisher Gilberto G. Cortez.

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 OCTOBER 2002
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October 31, 2002
Thursday 6:55:47 p.m. CST

John Sharp's Halloween Surprise

Is it a trick or treat?

To find out, click here.

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October 31, 2002
Thursday 6:51:36 p.m. CST

Shea Predicts Major Turnout on November 5th

Texas Secretary of State Gwyn Shea announced this morning that she expects slightly more than 5 million voters in the State of Texas to participate in this year's general election.  That equates to forty percent (40%) of all registered voters.  There are 12,563,459 registered voters in Texas.

“Early voting trends are definitely outpacing 1998 levels, which underscores the highly competitive nature of this election.  This indicates to me that we will definitely exceed the 32.5%  voter turnout we observed in 1998, our last non-presidential election.  However, the unknown factor to consider is to what degree are we witnessing the addition of new or reinvigorated voters, and to what extent are Texans simply taking advantage of our state's ample early voting opportunities?  We have to make an estimation based on both historical data and anecdotal evidence,” said Secretary Shea.

The Secretary examined a variety of factors when projecting this year's turnout, including prior levels of voter turnout, voter registration numbers and early voting trends to date.  “This year, the three races at the top of the ballot are all open seats.  This unusual circumstance, coupled with the highly competitive nature of these races, has served to raise the profile of this election.  Hopefully, these factors will also translate into greater voter interest and participation,” said Shea.

Early voting in Texas began on October 19th, 2002 and will end on November 1st.  This year, Election Day in Texas is Tuesday, November 5th.  Secretary of State Shea serves as the Chief Election Officer for the State of Texas.

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October 31, 2002
Thursday 6:45:03 p.m. CST

Latest Figures on Early Voter Turnout

For the latest figures, click here.

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October 31, 2002
Thursday 6:39:44 p.m. CST

Sanchez Makes "History"

Democratic gubernatorial candidate Tony Sanchez has launched a new ad praising the historical contributions of Texas and its people.  

To view the ad, click here.

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October 31, 2002
Thursday 6:35:05 p.m. CST

Texas GOP Launches Ads Targeting African Americans

The Republican Party of Texas has launched four new radio advertisements to air in the Houston area. The 60-second testimonial spots feature Houston area African-American leaders C.L. Jackson, Pastor of Pleasant Grove Missionary Baptist Church; Harry Johnson, attorney and National President of Alpha Phi Alpha Fraternity; Melvin L. Lewis, Pastor of New Bethlehem Missionary Baptist Church; and Lola Denise Jefferson, Registered Nurse.

To read the transcripts, click here.

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October 31, 2002
Thursday 6:31:12 p.m. CST

Texas Democrats:  GOP Trying to Suppress Hispanic Vote

Democratic leaders are alleging that Texas Republicans are resorting to tactics that the GOP is using nationally to suppress voter turnout by attacking Hispanic candidates and questioning the integrity of the elections process in Hispanic communities.
“Rick Perry’s vicious advertising attack on Democrat Tony Sanchez is a glaring example of what Republicans are doing around the country in an attempt to keep Hispanic voting in check,” said Hilbert Ocañas, Texas Democratic Party Vice-Chair for Financial Affairs. “Republicans are worried sick that they will lose the election if Hispanic turnout is high – and they are doing everything in their power to keep Hispanics from voting this year.”

Texas Democratic Party Vice-Chair Juan Maldonado said Republicans are frustrated by the failure of their high-dollar attempt to attract Hispanic voters to the GOP.

“Republicans spent a lot of money trying to make Hispanic voters think the GOP really cared about them,” Maldonado said. “But now Republicans are using false information and nasty attacks to suppress turnout because they finally realize that Hispanic voters can’t be bought.”
The State Party officers said Hispanic business leaders are outraged by Perry’s new television ad that exploits a slain Hispanic law enforcement officer for the Republican’s political gain. The Perry attack, which independent analysts say represents a new low in Texas politics, is fuel to a fire that Republicans sparked in the past few weeks with accusations of fraud aimed at voters in South Texas communities with large populations of Hispanics.
Perry’s ad is part of a pattern in which Republicans are using paid media to attack Hispanic candidates, Maldonado said. An Arizona newspaper said ads attacking the ethics of a Democratic congressional candidate who is Hispanic are filled with “sins of omission and distortion.”
“The attacks on the ethics and integrity of Hispanics who attempt to participate in the political process will comeback to haunt Republicans here in Texas and across the nation,” Ocañas said. “The GOP’s sleazy way of doing business is going to backfire.

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October 30, 2002
Wednesday 12:04:17 a.m. CST

Former Catholic Bishop Endorses Rick Perry

Former Corpus Christi Bishop Rene Henry Gracida D.D. announced his support for Governor Rick Perry's bid for a full four-year term.  

“In his years as our Lieutenant Governor and Governor, Rick Perry has demonstrated that he is an honest man of integrity,” Bishop Gracida said.

“He has demonstrated that he possesses the necessary leadership qualities to lead our State through these difficult times.  He has demonstrated his ability to work with and promote the well-being of every sector of our population: African-Americans, Hispanics, Anglos and Asians, said Bishop Gracida.

He has not favored any one group over another to the disadvantage of all.  Governor Perry is fiscally conservative and has sought to control the growth of government and to alleviate the tax burden of our citizens.  He is socially conservative and has sought to preserve out nation's traditional Judeo-Christian family values which have been under attack in our society during the past few decades.”

“I am free to proclaim my support for Governor Perry because, as a retired bishop, I do not represent the Diocese of Corpus Christi, and as a citizen I am free to express my support for Governor Perry,” noted Bishop Gracida.

Reverend Gracida served as the Fifth Bishop of Corpus Christi from 1983-1997.  He attended Rice University and served in the U.S. Armed Air Force from 1943-1945.

Governor Rick Perry welcomed the strong support.  

“Bishop Gracida's support means a great deal to me, my family and my re-election efforts,” Perry said.  “For more than 17 years, I have worked hard to make Texas a more educated, healthier and more pro-family state.  I'm pleased that Bishop Gracida recognizes my work to bring Texans together and encourage greater personal responsibility and economic opportunity for all.”

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October 30, 2002
Wednesday 12:02:10 a.m. CST

Texas Children Focus of Conference

Texas State Representative Miguel "Mike" D. Wise (D-Weslaco) will host a one-day conference that will focus on the abuse, neglect, abduction, and exploitation of children in Texas.  The conference is hosted by the Texas Legislative Caucus for Missing & Exploited Children (TLCMEC), a non-partisan caucus composed of approximately 60 members of the Texas House of Representatives.  The conference will take place today at the Wells Fargo Bank, 3rd Floor, 400 W. 15th Street in Austin, Texas.

"Children's safety and protection issues have always been a large part of my legislative agenda since I joined the Texas Legislature in 1997," said Wise. "The conference should guide us in a postive direction as we start the bill drafting process for the upcoming 78th Regular Session."

Various state and national experts will be attending the conference.  

Texas House Speaker Pete Laney will introduce U.S. Congressman Nick Lampson, Chairman of the Congressional Caucus for Missing and Exploited Children in Washington, D.C. during the noon luncheon.

For more information about the conference, please call Representative Wise's Capitol office at (512) 463-0530.

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October 30, 2002
Wednesday 12:01:22 a.m. CST

Voters Going Early to the Polls

Texas voters are not waiting until November 5th to cast their vote.  Some counties have seen unprecedented turnout this election cycle.  Early voting in Texas ends November 1st.

For the lastest figures, click here.

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October 30, 2002
Wednesday 12:00:05 a.m. CST

"My Campaigns" Has Been Updated

The "My Campaigns" feature on the MyCapitol.com homepage has been updated to provide the most current election results on November 5, 2002.

Click on "My Campaigns" on the  homepage to stay informed on election night.

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October 29, 2002
Tuesday 6:30:11 a.m. CST

Tony Sanchez Defends His Integrity in Two Television Ads

Democratic gubernatorial candidate Tony Sanchez has launched two new television ads in response to Texas Governor Rick Perry's ad relating to Enrique "Kiki" Camarena, a former DEA agent who was tortured and murdered by drug dealers in 1985.  The Perry ad has been criticized by major newspapers for implying that Tony Sanchez was somewhat involved with the murder of a law enforcement officer.  Tony Sanchez has called Texas Governor Rick Perry a "liar".  The Perry Campaign defends the ad.

To view the two new videos, click here.

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October 29, 2002
Tuesday 6:28:11 a.m. CST

Cornyn Pledges to Support Hispanics and Immigrant Community

Texas Attorney General and Republican U.S. Senate Candidate John Cornyn pledged to take his inclusive approach to Washington, D.C., if he is elected on November 5, 2002.  Cornyn has pledged to continue addressing the needs of the Hispanic and immigrant communities with "fairness, respect, and compassion".

"As Senator, I will continue to work to communicate with the Hispanic community and newer Americans to make certain they have the information they need as citizens and the protection they deserve from the law," Cornyn said.  "All Texans deserve good government."

Cornyn has been endorsed by the Greater Houston Hispanic Chamber of Commerce, the Latino Police Officers Association, and the Texas Hispanic Law Enforcement Association PAC, among others.

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October 29, 2002
Tuesday 6:25:11 a.m. CST

TSTA:  Dewhurst Misleading Educators and Voters on Voucher Stance

The Texas State Teachers Association said that Republican Lieutenant Governor candidate David Dewhurst tried to mislead Texas educators and Texas voters on his true position on private school vouchers during a televised debate last Thursday.

"If David Dewhurst is so willing to mislead us today, where would he lead us tomorrow?, asked Donna New Haschke, President of the Texas State Teachers Association.

"For someone who has consistently spoken out in favor of vouchers and has used his personal wealth to support candidates and causes that have worked for vouchers to look in the camera and tell us he is against vouchers defies credibility," Haschke said.

The Texas State Teachers Association has endorsed Democratic Lieutenant Governor candidate John Sharp for his willingness to "shoot straight" with Texas teachers and Texas voters.

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October 28, 2002
Monday 12:08:34 a.m. CST

Campaigns & Elections Magazine:  Perry and Cornyn Have Favorable Odds

Ron Facheux, the editor-in-chief of Campaigns and Elections Magazine and producer of The Political Oddsmaker, an online handicapping service with a 98% success rate, has made the following predictions regarding the race for Texas Governor and U.S. Senate.  The predictions are in the October/November 2002 edition of the magazine.

Facheux provides the following odds and observations in the Texas Governor's race.  
"Governor Rick Perry (R) favored over Tony Sanchez (D), 9 to 7, (56.3% chance; upgraded from 55.6% Sept. 20; upgraded from 54.5% chance on Sept. 5)

REPUBLICAN SEAT AT POTENTIAL RISK

Of course, Texas electing a Democratic governor while George W. Bush is in the White House would be an indirect slap in the popular president’s face, which is why it’s not likely to happen. However, current GOP Gov. Rick Perry, who took over when Bush resigned to assume the presidency, has not entrenched himself as a popular statewide figure. His opponent, wealthy businessman Tony Sanchez, poured millions of his own money into the Democratic nomination fight and has since then spent more attacking and counterattacking Perry. Sanchez hopes to consolidate a black/Hispanic base while reaching out to moderates and conservatives. Though Perry’s poll numbers are lackluster, Sanchez still has a long way to go."

Caveat:  Unprecedented early voter turnout, the Farmer's Insurance crisis, the candidates' debate performances, get out the vote efforts, and the recent television ad regarding former DEA agent Enrique "KiKi" Camarena may affect the final outcome on November 5, 2002.   
Facheux  predicts the following in the U.S. Senate race:

"John Cornyn (R) favored over Ron Kirk (D), 6 to 5 (54.5% chance; chances upgraded from 53% on Sept. 19)
REPUBLICAN SEAT AT POTENTIAL RISK

When Republican Sen. Phil Gramm announced his retirement, it was expected this open seat would remain in GOP hands. But so far, polls have shown the race to be fairly close. The Republican nominee, Attorney General John Cornyn, is well positioned for victory but he’s yet to gain much traction. He’s being pressed hard by former Dallas Mayor Ron Kirk, a moderate who has preserved key alliances in his home town’s conservative business community. Kirk is the only major-party African American U.S. Senate nominee this year. Ultimately, this will be a hard seat for the Democrats to win, despite some weaknesses in the statewide GOP ticket this year. Most polls give Cornyn a lead, although Democrats have polls that show it is still very close."

Caveat:  Unprecedented early voter turnout, the candidates' charisma, the candidates' debate performances, get out the vote efforts, and last minute campaigning may affect the final outcome on November 5, 2002.

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October 25, 2002
Friday 6:07:44 a.m. CST

Dallas Morning News Makes Endorsements

The Dallas Morning News has endorsed the following candidates for the November 5, 2002 elections:

United States Senate:  John Cornyn (Republican)

Texas Governor:  Rick Perry (Republican)

Lieutenant Governor:  John Sharp (Democrat)

Attorney General:  Greg Abbott (Republican)

Comptroller:  Carole Keeton Rylander (Republican)

Land Commissioner:  David Bernsen (Democrat)

Agriculture Commissioner:  Susan Combs (Republican)

Railroad Commissioner:  Sherry Boyles (Democrat)

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October 24, 2002
Thursday 7:47:15 a.m. CST

Texas Republicans Concerned about Voting System in South Texas

Texas Republicans are claiming that the voter rolls in Hidalgo County in South Texas include the names of dead people and individuals who have moved from the county.  

"This situation is inexcusable," state Republican Party spokesman Ted Royer said. "It creates an environment that is ripe for fraud and abuse. Local authorities have a moral obligation to remove these dead and ineligible people from the voter rolls."

To read the Associated Press story, click here.

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October 24, 2002
Thursday 7:11:10 a.m. CST

Building Bridges in South Padre Island

The City of Port Isabel has hired its own legislative consultant to lobby the Texas Legislature to determine where a second bridge will be built in the gem of South Texas - South Padre Island.

The city hired Elvia Caballero Lopez of Caballero Lopez Governmental Affairs at a rate of $3,000 per month plus expenses. Cabellero previously worked for State Representative Rene Oliviera (D-Brownsville).  

South Padre Island has agreed to pay HillCo Partners of Austin, Texas $12,000 a month to lobby for their desired site of the bridge.  Lobbyist Neal T. "Buddy" Jones and political consultant Bill Miller own HillCo Partners.

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October 24, 2002
Thursday 7:05:10 a.m. CST

Rick Perry and Tony Sanchez to Debate Tonight

Texas Governor Rick Perry and Democratic gubernatorial candidate Tony Sanchez will face off tonight in the Texas Debates.

For a complete listing of where to watch the debate, click here.

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October 24, 2002
Thursday 6:48:12 a.m. CST

Shhhh!:  Secrecy and the Race for Texas Speaker

The Speaker of the Texas House of Representatives is one of the most powerful positions in Texas government.  After the last legislative session, the Legislative Redistricting Board reconfigured districts in a way that could give Republicans a chance to elect a Republican speaker.  Speaker Pete Laney (D-Hale Center) has agreed to run for the position again.  State Representative Tom Craddick (R-Midland) has already announced his candidacy.

The election of the Texas Speaker usually occurs in public view.  However, secret ballots may be used when the Texas Legislature convenes in January.

Dave McNeely, a longtime observer of Texas politics, makes the following observations regarding the selection process.  

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October 19, 2002
Saturday 11:15:43 p.m. CST

New Poll Shows Perry and Cornyn Ahead

The Dallas Morning News is set to report in its Sunday edition that a new poll shows Texas Governor Rick Perry ahead of Democratic gubernatorial candidate Tony Sanchez by 15 points.  The poll shows Perry with 50% and Sanchez with 35%.  14% are undecided.  Texas Attorney General John Cornyn is also leading former Dallas mayor Ron Kirk by 10%.   John Sharp and David Dewhurst are in a statistical dead heat for the Lieutenant Governor's seat.

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October 19, 2002
Saturday 10:15:43 a.m. CST

The Lege is Back Online!

Thank you for your patience during the transition to the new computer system.

If you have any press releases, news and information that might be of interest to readers of The Lege, please send an e-mail to the webmaster@mycapitol.com.

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October 19, 2002
Saturday 9:50:43 a.m. CST

Enron + John Cornyn = EnronJohn.com

The Texas Democratic Party launched a new website criticizing Texas Attorney General and Republican U.S. Senate Candidate John Cornyn for his ties to the Enron scandal.  According to the party, EnronJohn.com is intended to "chronicle Cornyn's questionable relationship with Enron."  

Earlier this year, the Republican Party of Texas was criticized for its ties to Enron in enronownsthegop.com.  The website look almost identical the GOP Party's official site.

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October 19, 2002
Saturday 9:40:21 a.m. CST

Cornyn Claims Victory in first U.S. Senate Debate

Texas Attorney General John Cornyn and Republican U.S. Senate candidate claimed victory in the first debate against former Dallas mayor and Democratic U.S. Senate candidate Ron Kirk.  

Cornyn's campaign issued the following release:

In a strong debate performance tonight in Houston, John Cornyn made a forceful argument for his candidacy to represent all Texans in the United States Senate. Cornyn, the Republican candidate for Senate, said he would be an agent of change by approving important legislation and supporting qualified nominees to benefit the people of Texas.

“Too often liberal special interests have come before the public interest. As the next Senator from Texas, I will break the gridlock in the Senate to approve prescription drug coverage for seniors, a Department of Homeland Security, a comprehensive energy plan and law and order judges,” said Cornyn.

As a man of principle, John Cornyn has spoken in a consistent and straightforward manner about his views during the campaign. When he reaches the U.S. Senate, John Cornyn will support:

Economic Growth – John Cornyn will work to create jobs and get the economy moving again by making President Bush’s tax cuts permanent, simplifying the tax code, supporting free trade and ending the litigation lottery.

Prescription Drugs for Seniors – John Cornyn supports a voluntary prescription drug plan for seniors, based on free market principles.

Homeland Security – John Cornyn will back legislation to give the President the flexibility to rapidly deploy Department of Homeland Security personnel to prevent a terrorist attack.

Energy Plan – John Cornyn wants to increase national security by opening the Arctic National Wildlife Refuge to responsible exploration to reduce American dependence on foreign oil.

Confirm Judges – John Cornyn supports the confirmation of the President’s well-qualified judicial nominees.

Military – John Cornyn knows we must rebuild the military after eight years of neglect during the Clinton Administration.

Iraq – John Cornyn strongly supports the President’s policy on Iraq to eliminate the threat posed by Saddam Hussein’s possession of weapons of mass destruction and his support of terrorism.

John Cornyn is scheduled to debate Ron Kirk next Wednesday, Oct. 23 in Dallas and again on Oct. 24 in Brownsville.

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October 19, 2002
Saturday 9:30:23 a.m. CST

Sanchez Endorsed by Texas Women's Political Caucus

Democratic gubernatorial candidate Tony Sanchez received the endorsement of the Texas Women's Political Caucus (TWPC), a bi-partisan state affiliate of the National Women's Political Caucus, which was founded in 1971.

"I am honored to receive the endorsement of the Texas Women's Political Caucus," said Sanchez. "As your Governor, I will remain committed to creating an administration that reflects the great diversity of the state of Texas."

"I will charge the Governor's Commission for Women to produce a proposal for expanding economic opportunity for Texas women, which will be incorporated into my economic recovery plan to ensure that women's concerns are accounted for in our state's development strategy," added Sanchez.

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October 19, 2002
Saturday 9:25:40 a.m. CST

Texas Democrats Claim Newspaper Endorsement Lead

Texas Democrats are claiming an early victory in the battle for newspaper endorsements for their candidates.  The following newspapers have issued endorsements for the November 5th elections:

Amarillo Globe-News: John Sharp
Austin American-Statesman: Ron Kirk, Kirk Watson, David Bernsen, Linda Yanez, Jim Parsons, Margaret Mirabal

Fort Worth Star-Telegram: Ron Kirk, Linda Yanez, Margaret Mirabal

Houston Chronicle: Margaret Mirabal

San Antonio Express-News: John Sharp, Kirk Watson, Sherry Boyles, Linda Yanez, Margaret Mirabal

Corpus Christi Caller Times: Tony Sanchez, John Sharp

Waco Tribune-Herald: John Sharp, Kirk Watson, Linda Yanez, Margaret Mirabal

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October 19, 2002
Saturday 9:17:34 a.m. CST

LULAC Supports Survey of Texas School Districts

The League of United Latin American Citizens (LULAC), the state's largest Hispanic civil rights organization, announced that it will support an effort by the Senate and House Hispanic caucuses in the Texas Legislature to survey school districts on how well they have prepared 3rd graders for the upcoming TAKS test.

Texas State Senator Leticia Van De Putte of San Antonio, chair of the Texas Hispanic Caucus, and State Representative Dora Olivo, chair of the House Mexican American Caucus' Committee on Education, sent a letter to school superintendents last week requesting information on the steps that each school district has taken to prepare third grade students for the new TAKS test.

The new reading exam will be administered for the first time on March 4th.

"We want to make sure that our children are being prepared for the more rigorous reading test," said Margaret Moran, LULAC State Director.

Vincent Ramos, LULAC Executive Director, added, "We hear that school districts are identifying ten to twenty percent of their students as at-risk of failing the new TAKS exam. LULAC wants to know if school officials have done everything possible to prepare third graders for the test as early as kindergarten. We also don't want school officials to use loopholes in TEA rules that allow parents to waive away their rights to participate in decisions impacting their children."

John Cole, President of the Texas Federation of Teachers, supports the efforts of the caucuses.  "We know that retention of students does not work, and neither does the social promotion of unprepared students from grade to grade. The key to improving at-risk students' lives and preventing school dropouts is early academic intervention. We support any efforts that treat a child's poor reading skills as an emergency situation."

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 SEPTEMBER 2002
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September 13, 2002
Friday  8:43:20 P.M. CST

A Message from the Webmaster

The MyCapitol.com website is in the process of being transferred to a new and improved computer system.  Postings to The Lege, Capitol Clips, and Capitol Spotlight will be temporarily suspended pending the transfer of the website.   If you are an e-mail subscriber to The Lege, you may still get periodic Lege Alerts via e-mail.

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 AUGUST 2002
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August 26, 2002
Monday  8:25:20 P.M. CST

Kirk: Stop Cooking the Books

Democratic U.S. Senate Candidate Ron Kirk today urged the leaders in Washington to stop cooking books and to adopt a fiscal strategy that would limit spending.

"In the past two years in Washington D.C., we’ve moved from record surpluses to budget deficits." Kirk said, “You can’t run a business that way and we shouldn’t run America that way.”

If elected, Ron Kirk proposes to do the following to help get America back on track:

No Pay Raises for Members of Congress

“I don’t think that members of Congress should get pay raises while the country is running deficits. Today, we are running billions of dollars in deficit, and what is Congress doing? Voting for a new pay raise. I think that’s wrong. Members of Congress ought to be the first ones to tighten their belts and they shouldn’t get a pay raise until they get us out of this fiscal mess.”

Tighten Spending Caps

“We need to tighten spending caps to make sure Washington does not go on spending sprees that taxpayers can’t afford. I believe we need strong new spending caps that Congress must stick to. And these caps should reflect the fiscal environment. Just like a family budget reflects their situation, if the money is tight one year, our government should rein in spending.”

Eliminate Budgetary Gimmicks

“We need to eliminate budgetary gimmicks that allow politicians to hide extra spending. Sometimes, to get around the spending rules and squeeze in big new spending programs, Congress will use next year’s resources – money the government doesn’t even have yet. These types of accounting gimmicks get us into trouble and we should prevent them. The Federal government needs to live within its means – without paying budget hide-and-seek.”

Keep our Commitment to National Defense

“We need to keep our commitment to fighting the War on Terrorism and protect our defense programs to assure we have a strong military now and in the future. But we must fight efforts to insert needless local pork programs into the military budget. It is wrong to use defense funds for purposes unrelated to our national security."

Eliminate Fraud, Waste, and Abuse

“We need to take strong steps to eliminate fraud, waste and abuse in the Federal government. In 1999, financial auditors reported that 21 out of the 24 major Federal agencies did not comply substantially with Federal accounting standards. We must end these practices now.”

“I believe that Texas deserves a Senator who will fight for the fundamental values that made this country great – fiscal discipline, personal responsibility, a commitment to family and community, and the idea that there is nothing wrong with a hard day’s work,” Kirk said.

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August 25, 2002
Sunday  7:35:15 P.M. CST

Three Finalists Selected For September 11 Memorial Design

Texas Governor Rick Perry announced that three design submissions have been selected for a memorial honoring Texans killed in the September 11, 2001 terrorist attacks on the United States and in the military operations in Afghanistan that followed.

"The response this memorial has generated has been inspiring," Perry said. "Texans providing submissions offered designs reflecting a spirit and patriotism that moved each committee member who viewed them."

Earlier this month, Perry appointed a Memorial Design Committee which selected the finalists from among 39 proposals submitted. The three finalists are the following:

O'Connell Robertson & Associates of Austin
Pfluger Associates of Austin
Seitz Architects of Rockwall

The proposals can be viewed by clicking on the individual firm names.  The Texas State Cemetery Committee will select the final design.

Perry will unveil the memorial design during a ceremony at the Texas State Cemetery on September 11, 2002.  The memorial will be paid for with private funds.

The memorial will be located at the Texas State Cemetery and will feature at least one of two beams recovered from ground zero at the World Trade Center.  Texas, California and Tennessee are believed to be the only states that received sections of the World Trade Center.

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August 24, 2002
Saturday  6:55:25 P.M. CST

Sanchez Blames Perry for Permanent School Fund Scandal

Earlier this week, the Austin American-Statesman reported that a Travis County grand jury was investigating the management of the $17.4 billion Permanent School Fund.  Monies generated from the fund are used to fund public education in Texas. Several employees of the Texas Education Agency have been subpoenaed and  some Texas lawmakers have already testified before the grand jury.  At issue are potential conflicts of interest between members of the State Board of Education and financial advisors and improper influence peddling.  

Democratic gubernatorial candidate Tony Sanchez blamed Texas Governor Rick Perry for the scandal.

"I am deeply troubled by these allegations. We've already seen the damage that unscrupulous people did in several corporations, but these people were stealing from our kids' future. The Legislature saw this problem coming and last session they passed SB 512 to clean it up."

"If Rick Perry had stood up and done the right thing last year instead of vetoing SB 512, a lot of the losses and continued problems would not have occurred.
The fact that Rick Perry was willing to put his allegiance to right wing contributors over the best interests of school children says everything about his priorities," said Sanchez.  

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August 24, 2002
Saturday  6:35:15 P.M. CST

Rove Doubtful of GOP Control of Congress

Karl Rove, President Bush's chief political strategist, told the Washington Post that he is not sure about the outcome of this year's congressional elections.

"I feel good about the House and I think the Senate ... it's going to be one of those great high school basketball games where the outcome is in doubt until the very last second of the game."

To read the entire article, click here.

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 August 9, 2002
Friday  5:05:25 P.M. CST

Perry Appoints September 11 Committee

Texas Governor Rick Perry, who did not agree to an 11 day  political ad moratorium proposed by the Combined Law Enforcement Associations of Texas (CLEAT), today appointed seven people to a committee to review design proposals for a memorial at the Texas State Cemetery honoring Texans killed in the Sept. 11, 2001, terrorist attacks and in the military operations in Afghanistan that followed.

The committee will be chaired by Emily Little, managing architect for the Texas State Cemetery. Committee members also include the sister of a victim of the attacks and representatives of law enforcement officers and firefighters.

The Texas memorial will feature two steal beams recovered from ground zero at the World Trade Center. Perry will unveil the winning memorial design during a ceremony at the State Cemetery on Sept. 11, 2002.

Other members of the committee are:

Ricardo Hernandez, deputy director of the Texas Commission on the Arts
Jane Barnhill, Texas Historical Commission board member
Daniel Smith, Bell County sheriff and a board member for the Texas Commission On Law Enforcement Officer Standards and Education
Gary Warren, executive director of the Texas Commission on Fire Protection
Lieutenant Colonel Keith Daniel of the Texas National Guard
Toni Lawrence, sister of Barbara Olson, who died on the plane that hit the Pentagon

At least five Texans were killed in the attacks on the World Trade Center and the Pentagon, and three Texas soldiers have died in Afghanistan.

The competition is open only to Texas artists, architects and engineers. The design committee will review proposals and select three finalists. Scale-models of the designs of the three finalists will then be produced, and the Texas State Cemetery Committee will select the final design.

The request for proposals may be picked up in Austin at the Texas State Cemetery, 909 Navasota. The deadline for submission of entries is Aug. 20, 2002.

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August 6, 2002
Tuesday  8:05:13 P.M. CST

Perry:  Debate Me Now, Tony!

In an interesting twist on the campaign trail, Texas Governor Rick Perry, the presumed front runner according to previously published polls, is challenging Democratic gubernatorial candidate Tony Sanchez to a series of debates.  Perry wants to debate Sanchez immediately.

"Since I became Governor in December, 2000, I've been talking about my plans for improving education, health care and other issues important to Texans," said Governor Rick Perry.

"With this campaign heating up, it's time for us to formally and publicly debate those issues. I propose a series of debates, beginning as soon as possible, in all parts of Texas. The voters of Texas deserve to see their candidates for governor standing side-by-side presenting their public service records and plans for the future. There's no reason to wait until October or to limit debate to one sixty-minute session. I'm ready to start next week, and hope Mr. Sanchez will step from behind his multi-million dollar attack advertising campaign and join me at these debates."

Sanchez said he is willing to debate Governor Perry after September 2nd.

Sanchez wants to debate health insurance, education, and health care, "but we also have to debate how Rick Perry has corrupted the governor's office," Sanchez said.

"We're going to begin negotiations for this series of debates very quickly and the debates will occur after Labor Day when people are back from vacation and kids are back in school and voters are paying serious attention to this election," said Mark Sanders, a spokesman for the Sanchez campaign.

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August 5, 2002
Monday  8:37:27 P.M. CST

Sanchez:  Perry Has Entered The "Panic Zone"

In the latest round of words, Democratic gubernatorial candidate Tony Sanchez has linked Texas Governor Rick Perry's negative attack ads with his comfort level on the campaign trail.

"I think he's panicked. I think he's extremely worried, and he should be," Sanchez said.  Sanchez claims that his internal poll numbers indicate a dead heat.

Polls released earlier this summer indicated that Perry had a comfortable lead.

"Every independent public poll has shown Governor Perry with a double-digit lead. We are running the ad linking Tony Sanchez's savings and loan to drug money laundering because it's true and because it helps respond to the 12 false negative attack ads he's run against Gov. Perry," said Ray Sullivan, a spokesman for Perry.

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August 5, 2002
Monday  8:25:10 P.M. CST

Cornyn and Perry Take on Insurance Industry in Texas

Texas Governor Rick Perry today joined with Attorney General John Cornyn to announce a lawsuit against Farmers Insurance for deceptive trade and discriminatory practices in Texas. Farmers and their subsidiaries represent nearly 20 percent of the homeowners insurance market in Texas.  Bill Miller, a spokesman for Farmers Insurance, calls the lawsuit "political harassment".

The lawsuit, which is unprecedented in Texas, follows Perry’s call in February for the Texas Department of Insurance (TDI) and the Attorney General’s Office to investigate insurance company practices. Based on market share, suspect trade practices and complaints, market conduct exams were initiated on two of the three largest insurers in Texas.

“The investigations are still ongoing, but the findings reflect that at least one company – Farmers Insurance – has engaged in unfair, discriminatory practices to charge consumers excessive and unjustified rates,” Perry said.

“In the legal action being filed today, we allege that Farmers Insurance has been deceptive and discriminatory, and they have hit Texas consumers in the two places they are most sensitive and should be secure in their pocketbooks and in their homes,” Cornyn said.

Among the deceptive practices alleged in the lawsuit:

Farmers Insurance has charged Texas policyholders for natural disasters occurring in other states, resulting in a premium increase to virtually all Texas policyholders.
Farmers Insurance has used credit history as a significant factor in setting premiums, without disclosing to its policyholders the adverse impact of doing so. In addition, the company’s use of credit scoring constitutes illegal discrimination based on how the credit history for policyholders is used to calculate premiums.
Farmers Insurance has discriminated against groups of homeowners in some regions of the state by switching all of its policyholders to policies that limit coverage for water damage. While such a move should impact Texas policyholders differently, depending on where they live, Farmers Insurance has applied the same multiplier to all of Texas in calculating the change in value of each policy.

Perry called the Attorney General’s lawsuit against Farmers Insurance completely justified based on bad faith corporate behavior. The suit not only seeks refunds of excessive and unfair rates charged to Texas homeowners, but also civil penalties related to deceptive corporate practices.

“As governor, I am committed to ending unscrupulous corporate actions,” Perry said. “The lawsuit that the Attorney General filed this morning sends a clear message that unfair and deceptive insurance practices will not be tolerated. Other insurance carriers in Texas would be wise to sit up and take notice.”

According to Cornyn, the lawsuit seeks civil penalties of up to $10,000 per violation and $25,000 per Texan harmed by any of Farmers’ illegal practices. Civil penalties could range in the millions of dollars, with the estimated refund to policyholders reaching as high as $140 million.

“Farmers has not been following the law and has put its own financial gain ahead of the well-being of Texans,” added Cornyn. “You don’t do that in Texas. It will never be tolerated. Texas and Texas families deserve better.”

Miller has a different perspective on the lawsuit.  "Arbitrary political behavior that is without merit would be something that could drive us out of this state. It will make the company rethink its commitment to Texas," Miller said.

Democratic gubernatorial candidate Tony Sanchez called today's action "too little, too late."  

"I think he should have done that a long time ago," Sanchez said. "This crisis has been on us and he should have seen it coming a year ago, a year and a half ago."

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August 5, 2002
Monday  8:19:43 P.M. CST

Ron Kirk Focuses on Needs of South Texas

"We need to work together to ensure that all Texas communities reach their full potential," U.S. Senate candidate Ron Kirk said today, as he outlined initiatives he supports to improve the lives of Texans living in the Valley and South Texas regions.

"Throughout the Valley and South Texas, communities have similar concerns as the rest of Texas. Education, a secure retirement for seniors, fiscal discipline from their national, state and local government and certainly, supporting the war on terrorism and our efforts to make our homeland secure all are important issues facing our state," Kirk said. "Still, there are challenges unique to the Valley and South Texas that need a strong voice in Washington. I will work with Republicans and Democrats to get things done."

Kirk said the following initiatives are among the policies for which he will fight if elected to the U.S. Senate:

Improved access to affordable health care services
Education
Supporting the war on terrorism and protecting homeland security
Improving road safety to ensure full economic potential
Protecting the water rights of our South Texas farmers

Kirk is running against Texas Attorney General John Cornyn for the Senate seat that will be vacated by U.S. Senator Phil Gramm.

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 JULY 2002
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July 29, 2002
Monday  8:45:13 P.M. CST

Education Guru to Join White House Team

David Dunn, Associate Executive Director of Governmental Relations at the Texas Association of School Boards (TASB), will leave TASB in late August to join the staff of President George W. Bush as a special assistant to the president.

Before joining the governmental relations division at TASB in December 1997, Dunn was manager of the Public Education Team at the Legislative Budget Board. He also had served as associate director of the Educational Economic Policy Center and as senior budget analyst with the Office of the Governor.

In Washington, Dunn will be working with Margaret LaMontagne, who also served as associate executive director of governmental relations at TASB. LaMontagne currently advises President Bush on public education issues.  

Dunn's anticipated departure drew immediate reaction from the staff at TASB.

"I haven't felt this bad since Roger Staubach retired from pro football in 1979," said Marty De Leon, assistant director of governmental relations.

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July 25, 2002
Thursday  9:18:23 P.M. CST

Perry and Cornyn Praise President Bush on Medical Liability Reform

Earlier today, President Bush unveiled his plan for medical liability reform.  Texas Governor Rick Perry and U.S. Senate Candidate John Cornyn praised President Bush for his leadership on this important issue.

"I commend President Bush's leadership and commitment in tackling the medical malpractice issue in our nation.  In Texas, we have seen the effects of this crisis, which drains health care providers of financial resources and time from treating people.  As governor, I am firmly committed to ending this crisis in Texas, including reining in abusive lawsuits, improving patient protections and reforming insurance regulation," said Perry.

"The need for medical liability reform is hardly the only issue improving health care for Texans and Americans, but it's a vital component," said Cornyn.  "If elected to the U.S. Senate reforming our liability system--reducing frivolous and unnecessary lawsuits and the distortions they create for health care and our entire economy--will be one of my priorities."  

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July 25, 2002
Thursday  9:05:55 P.M. CST

Texas Senator Blasts Tony Sanchez on Insurance Crisis

In a letter to newspaper editors, Texas Senator Mike Jackson (R-Pasadena) blasted Democratic gubernatorial candidate Tony Sanchez for recent comments related to the insurance crisis in Texas.  

The following letter is printed in its entirety as a courtesy to readers of The Lege:

Dear Editor,

Recently, Tony Sanchez, democratic candidate for governor, called on Governor Rick Perry to request a special session regarding recent substantial increases in homeowners insurance.  The Senate Business and Commerce sub-committee on insurance rate regulation has already met three times over the last nine months and continues toward a viable solution.  As chairman of this sub-committee, I disagree with Mr. Sanchez's demands.

Before Mr. Sanchez can learn to govern, he must learn to lead. Clearly, he had no idea of the complexities involved with the outrageous increases in coverage.  If he thinks there is some simple solution, I would invite his testimony before our sub-committee.  Perhaps he can share with us how his bank is working to keep insurance costs low and how much profit he has personally derived from over-inflated premiums.  Mr. Sanchez's bank, International Bank of Commerce, sells unregulated homeowners insurance.

Too often knee jerk reactions have unintended consequences, which is what we want to avoid.  Mr. Sanchez's solutions to force companies into simply proving comprehensive coverage, irrespective of costs, does nothing for Texas consumers.  Many factors have contributed to the current insurance crisis in Texas and there is certainly no shortage of blame to go around.  However, it would be imprudent to take action now before the issue has been carefully analyzed.

The Texas Department of Insurance has experienced a flood of formal complaints over the past several months with regard to homeowners rate increases.  Unfortunately, the Commissioner of Insurance, Jose Montemayor, does not have the ability to regulate the vast majority of rates under the current system. However, the commissioner has been working with insurance companies to speed up the process of standardized forms, similar to those used in other states.  This will likely lower insurance premiums for consumers.

Serious and substantive insurance reform is coming to Texas, but it will be predicated on facts and information, not political rhetoric and demagoguery.  Governor Rick Perry has the wisdom, experience, and leadership to understand the complexities of this problem and is working hand-in-hand with the legislature to find a resolution that benefits homeowners.

Governor Rick Perry has already declared homeowners insurance rates an emergency issue for the 78th Legislative Session and it will receive due focus at that time.  In the meantime, we will continue to learn and prepare for the appropriate action.  My hope is that a fair and equitable solution can be reached that will provide affordable insurance for the people of our state, while fostering a competitive environment and providing consumer choice.

Sincerely

/s/

Mike Jackson
State Senator, District 11

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July 17, 2002
Wednesday  9:25:43 P.M. CST

Texans for Lawsuit Reform PAC Endorses Margaret Mirabal

The political action committee of Texans for Lawsuit Reform (TLR), a bipartisan coalition of businesses and individuals dedicated to reforming the Texas civil justice system, today endorsed Justice Margaret Mirabal for Place 4 on the Texas Supreme Court.  Mirabal is the Democratic candidate who is challenging Republican candidate Steven Wayne Smith.  Smith defeated Texas Governor Rick Perry's appointee, Xavier Rodriguez, in the Republican primary.

"We are endorsing Justice Mirabal because she is committed to making the legal system a fair and balanced arbitrator of disputes for all Texans.  As a leader in the development of mediation programs for the past 20 years, Justice Mirabal has helped reduce legal fees for consumers and improved court efficiency," said Dick Trabulsi, chairman of TLR's political action committee.

"Justice Mirabal is a serious jurist who will serve the people of Texas well as a Supreme Court justice.  She possesses sterling credentials, an unquestioned dedication to the law, and broad experience, particularly in the area of dispute resolution," concluded Trabulsi.

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July 16, 2002
Tuesday  8:35:13 P.M. CST

Tony Garza Nominated as Ambassador to Mexico

Earlier today, President George Bush nominated Tony Garza to be the next ambassador to Mexico.  Garza, a close ally and personal friend of the President, is currently serving on the Texas Railroad Commission.

"The U.S. and Mexico share not only a border, but a rich history of common economic and cultural interests. Tony Garza has an in-depth understanding of the relationship between the United States and Mexico and its impact on the people of both nations," Bush said. "He has served the people of Texas with honor and distinction and will be an outstanding representative of the United States."

Texas Governor Rick Perry also praised Garza's nomination.

“In Tony Garza, President Bush has selected an outstanding Texan who is experienced, knowledgeable and well qualified to serve as the next U.S. Ambassador to Mexico. With his strong roots in the Rio Grande Valley, Tony holds a unique perspective on the vital relationship our nation has with our neighbors to the south," Perry said.

“Tony has honorably served this state over the years, working on issues of mutual interest to Texas and Mexico, and I’m confident that as ambassador he will continue to strengthen U.S.-Mexico relations.”

The U.S. Senate must confirm Garza's nomination.

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July 16, 2002
Tuesday  8:31:27 P.M. CST

Sanchez Proposes Criminal Justice Reforms

Texas Democratic gubernatorial candidate Tony Sanchez unveiled his criminal justice plan today.  His plan includes proposals to reform the prison and jail system, crack down on gangs, strengthen penalties for crimes against children, support local law enforcement, improve drug enforcement efforts, reform the parole system, enforce the death penalty, and stiffen penalties for white collar criminals.

To read the entire plan, click here.

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July 16, 2002
Tuesday  8:26:17 P.M. CST

Beware:  Your Mailman May Be Spying on You

The U.S. Department of Justice is planning to implement a program that will allow "concerned workers" to anonymously report "suspicious terrorist activity" via the Internet or a toll-free hotline.  Operation Tips will allow workers such as a mailman or utility worker to report individuals that they subjectively believe are engaging in suspicious activities.  The information will be stored in a national database.  It is not clear whether the information will be confidential for national security reasons or subject to the Freedom of Information Act.

Civil libertarians are concerned that the program will lead to racial profiling and implicate individuals who have no previous criminal history.  

The program is a component of Citizen Corps, a part of the USA Freedom Corps.

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July 11-16, 2002

The Lege Webmaster Is on Vacation!

After providing free political intelligence, analysis, and reporting for over a year and a half, The Lege webmaster is taking a well-deserved vacation in the Pacific Northwest and Canada.  

Updates to The Lege and Capitol Clips will be posted next week.

Thank you for being avid readers.

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July 10, 2002
Wed  9:18:25 P.M. CST

Texas Medical Association and Texas AFL-CIO Join Forces

The Texas Medical Association and the Texas AFL-CIO jointly filed suit to block the Texas Workers' Compensation Commission from implementing the medical fee guideline rule it adopted earlier this year. The fee guidelines cut reimbursements by 17 to 41 percent for surgeons, radiologists, pathologists, internists, and physical medicine specialists who treat injured workers.

"The law requires these guidelines to be fair and reasonable and designed to ensure quality medical care," said TMA President Fred Merian, MD, a family practitioner from Victoria who treats injured workers. "What the commission came up with is patently un-fair and un-reasonable and seems designed to keep injured workers away from the care they need."

On April 25, 2002, TWCC adopted – over the objections of TMA, the Texas AFL-CIO, and Governor Rick Perry – an arbitrary new fee schedule for physicians who treat injured workers under the state's Workers' Compensation System. The rule, which is effective Sept. 1., illegally ties workers' compensation reimbursement to the fees that Medicare pays for similar medical services to elderly Texans.

"The rule the commission wrote – and the way they went about writing it – violates state law," Dr. Merian said. "It violates workers' legal right to quality medical care for on-the-job injuries. And it violates doctors' legal right to reasonable reimbursement."

"This new fee schedule, if allowed to stand, will further force good doctors out of the system," he said. "And injured workers will find it difficult, if not impossible, to obtain the quality medical care that the Texas Legislature has promised them."

Note:  Both organizations have endorsed Democratic gubernatorial candidate Tony Sanchez.

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July 10, 2002
Wed  9:15:25 P.M. CST

Rylander Praises Bush's Corporate Accountablity Reforms

Texas Comptroller Carole Keeton Rylander praised President Bush's demand for accountability and responsibility of corporate executives.

"I stand behind our President's executive order, self-regulation is not enough. We must put an end to the abuses in corporate governance and those business executives who commit fraud must go to jail," Rylander said.

"The President has shown strong leadership during this crisis of confidence in business. His commitment to returning trust in our economy is sound," Rylander said. "I fully support our President and his proposals."

Rylander announced a four-point plan on Monday, including recommendations that would require a corporate integrity agreement; stronger internal oversight; stronger conflict of interest provisions and safeguards for the future.

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July 8, 2002
Mon  8:48:40 P.M. CST

Sanchez Ad Has MasterCard Quality

Democratic gubernatorial candidate Tony Sanchez today launched a new campaign ad that is a political parody of the "priceless" commercials used by MasterCard International.  In the ad Sanchez criticizes Texas Governor Rick Perry for receiving $25,000 from former Enron Chairman Ken Lay the day after he appointed Max Yzaguirre to the Texas Public Utility Commission.  Yzaguirre later resigned after being Enronized by Perry's political foes.  Sanchez also reminds voters that Perry received $766,000 from the insurance industry prior to vetoing a prompt payment health insurance bill after the 77th Texas legislative session adjourned sine die.  

Perry responded by questioning Sanchez's alleged drug money laundering activities:

"What I'd say was priceless is Tony Sanchez even saying the word ethics," Perry said.

"Here's a man who has laundered drug money through his bank. Here's an individual who cost the taxpayers of this country $161 million, paid the largest campaign ethics fine in the history of the state of Texas, and I might add, strongly supported Bill Clinton. And he wants to talk about ethics?"

During the 2000 Presidential Campaign Ralph Nader ran a similar "priceless" ad.  Nader got sued by MasterCard International for $5 million dollars for allegedly infringing on MasterCard's trademark.  Nader was represented pro bono by Mark Lemley, an intellectual property law expert and former professor at The University of Texas School of Law.  Lemley, who is of counsel at the law firm Fish & Richardson, P.C. in Silicon Valley, California and current professor at UC-Bekeley Boalt Hall School of Law, successfully represented Nader against MasterCard International.

To read the firm's article on Nader's lawsuit, click here.    

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July 8, 2002
Mon  8:39:33 P.M. CST

No State Taxes for Flood Victims

Texas Comptroller Carole Keeton Rylander today announced that taxpayers in the counties affected by the recent summer flooding may postpone paying state taxes.

The counties are Atascosa, Bandera, Bastrop, Bexar, Blanco, Burnet, Caldwell, Comal, DeWitt, Edwards, Frio, Gillespie, Gonzales, Guadalupe, Hays, Karnes, Kendall, Kerr, La Salle, Lavaca, Live Oak, Llano, McMullen, Medina, Real, Travis, Uvalde, Williamson and Wilson.

There are more than 180,000 taxpayers in the affected counties who, upon request, potentially could be granted an extension of up to 90 days to file tax returns due in July and August.

“As always, when a disaster affects people’s lives and livelihoods, I want to do everything I can to help the folks who are affected,” Comptroller Rylander said.

“These individuals and families need this time to get their lives, homes and businesses, back in order. They don’t need to worry now about filing tax returns.”

In addition to extending tax-filing deadlines, Texas law allows Comptroller Rylander to exempt from sales taxes:

The cost of labor to repair storm-damaged, nonresidential property, including office buildings and stores. Labor charges must be separately stated on the repair bill. (Texas does not impose sales tax on labor for residential repairs.)
Services used to restore storm-damaged property, including dry cleaning of clothing and draperies, rug and carpet cleaning, and appliance repairs.

"I strongly encourage business owners and homeowners to take advantage of the tax extensions that are available to them," Comptroller Rylander said.

For more information, or to request a tax filing extension, call the Comptroller’s toll-free tax assistance line in Austin at (800) 252-5555.

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July 8, 2002
Mon  8:31:26 P.M. CST

Cornyn:  Beware of Price-Gougers

Texas Attorney General John Cornyn today issued a strong warning to businesses tempted to price-gouge consumers as a catastrophic flooding situation -- resulting in a 39-county State disaster declaration -- continues across Central and South Texas.

"My heart goes out to Central and South Texans. Stiff consequences await any business that attempts to swindle these consumers suffering as a result of the tragic and destructive flooding," said Attorney General Cornyn.

"While the vast majority of Texas businesses faithfully follow the law, consumers should be aware that disasters are a prime opportunity for unscrupulous businesses to inflate prices dramatically and illegally. We will aggressively enforce the law against anyone who exploits victims in the wake of the a disaster," Attorney General Cornyn said.

A declaration of disaster triggers stiffer penalties under the State's Deceptive Trade Practices Act, which can protect consumers against those who charge exorbitant fees for fuel, food, medicines, repair work or other necessities during disasters.

The 39 counties named in Governor Rick Perry's disaster declaration are Atascosa, Bandera, Bastrop, Bexar, Blanco, Brown, Burnet, Caldwell, Comal, DeWitt, Dimmit, Duval, Eastland, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe, Hays, Hidalgo, Jim Wells, Karnes, Kendall, Kerr, La Salle, Lavaca, Live Oak, Llano, McMullen, Medina, Real, Taylor, Travis, Uvalde, Val Verde, Williamson, Wilson and Zavala.

Flooding in these counties has caused deaths, injuries, widespread property damage and inundated numerous roads and bridges.

When consumers turn to businesses for services to help in the clean-up and rebuilding process, they should consider these precautions:

Deal only with licensed or bonded contractors or builders;
Be wary of contractors who solicit services door-to-door, especially those unfamiliar to you;
Don't be rushed into signing a contract, and never pay up-front for promised work;
Secure the terms of any warranty work in writing; and
Ask for references, or rely on recommendations from friends or relatives who have had experience with honest contractors.

Persons who believe they have been victimized by price-gouging may file a complaint with the Attorney General's office by calling toll-free 800-621-0508 or 800-337-3928, or file a complaint online at www.oag.state.tx.us and click on "Consumer Protection."

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July 8, 2002
Mon  8:25:46 P.M. CST

Perry Urged to End Insurance Crisis

Texas Representative Senfronia Thompson (D-Houston) today called on Texas Governor Rick Perry to call a Special Session of the Texas Legislature to address escalating insurance premiums, reduced coverage and increasing lawsuits against insurers.

"It's time to admit what every Texas homeowner, driver, and doctor already knows:  this State is having an insurance crisis," Thompson declared.  Thompson is a member of the Insurance Committee in the Texas House of Representatives, which has been studying mold claims, premium rates, liability coverage and numerous other issues.  "It's time to quit taking testimony and start taking action."

"My constituents believe that insurance companies are picking the pockets of homeowners, health consumers, doctors, drivers, and renters, " Thompson added.  "Texans need relief now.  We can't wait until next session."

"Doctor's liability premiums are forcing retirements, relocations and refusals to practice in very needed fields like obstetrics," Thompson said.  "Those same insurance companies are slackers when it's time to pay bills due on the health insurance premiums that have already been paid.  The insurance crisis is threatening to ballon into a health care crisis."

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July 7, 2002
Sun  8:15:03 P.M. CST

African American Ministers Endorse Perry

Texas Governor Rick Perry has earned the endorsement of the Baptist Ministers Association of Houston, an organization representing approximately 300 African American pastors and ministers in the Houston area.

"As ministers, these men of faith make a tremendous difference in the Houston area, and have a great impact on the electoral process,” Governor Perry said.

“I am humbled and honored by this endorsement. I will always welcome the diverse voices of people of faith.”

The Baptist Ministers Association of Houston is the organization used by members of the Houston clergy to voice concerns of significance to the African American clergy of Houston and surrounding communities.

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July 7, 2002
Sun  8:11:27 P.M. CST

Lobby Influence Grows at Texas Capitol

Lobby spending in Texas rose 33 percent from 1995 through 2001, a new study by Texans for Public Justice found. During this seven-year period, special interests spent a total of up to $1.3 billion to lobby Texas officials, including a record of up to $230 million in 2001.  The Texas Ethics Commission requires lobbyists to report their income in ranges, e.g. $50,000 to $99,999.

The report, Austin’s Oldest Profession: Texas’ Top Lobby Clients and Those Who Service Them, found that Texas’ skyrocketing lobby expenditures were not driven by an increase in the number of clients who pay hired guns to influence government officials. Even as lobby spending increased up to $35 million over the previous legislative year, the number of lobbyists, lobby contracts and lobby clients stayed relatively constant.

“Austin has 50 lobbyists for every Senator and 10 lobbyists for every House Member,” said Texans for Public Justice Director Craig McDonald. “This hired-gun army hustles tax breaks and other favors for abusive corporations like Enron and WorldCom and polluters like Exxon and Alcoa. Of Texas’ 1,600 lobbyists, just 10 worked for consumer groups and just 29 worked to promote environmental protection. The corporate lobby goes virtually unchallenged in Texas.”

Although lobby clients spent up to $230 million on 6,391 paid lobby contracts in 2001, labor, environmental and consumer interests accounted for just 2 percent of these contracts and expenditures.

Austin’s Oldest Profession’s key findings about the 2001 lobby include:

The 14 clients that reported up to $1 million apiece in lobby contracts accounted for 11 percent of all lobby expenditures. SBC Corp. led the pack, spending up to $7 million on its 96 lobbyists.
Interests in the Energy & Natural Resources sector spent the most lobby money, paying up to $36 million for 811 lobby contracts—a ratio of 4.5 contracts for each legislator.
The 38 lobbyists who reported maximum incomes of more than $1 million apiece collectively reported 1,050 contracts that brought in up to $52 million. These elite lobbyists pocketed one in four Texas lobby dollars.
Shattering the glass ceiling, Baker Botts lobbyist Pam Giblin is the only hired gun to clear a maximum of more than $2 million. She is an ex-environmental regulator who represents polluters.
Lobbyists reported 17 mega-contracts worth “more than $200,000.” Giblin reported the only such contract with a public entity. The Brownsville Public Utility Board has spent months dodging Public Information Act requests concerning the nature and value of this mega-contract.

Note:  The 77th Texas Legislature recently passed conflict of interest legislation to regulate the lobby.  The lobby is often referred to as the Third House of Texas politics because of their influence on the legislative process.  There are no limits on how much Texas lobbyists can give to political candidates for state office.

To find out who is lobbying in Texas, click here.

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 JUNE 2002
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June 24, 2002
Mon  8:55:10 P.M. CST

Perry and Sanchez to Discuss Public Education

Texas Governor Rick Perry and Democratic gubernatorial candidate Tony Sanchez will make a joint appearance during the Texas Association of School Administrators' 54th Annual Summer Conference on Education.  The joint appearance will be held tomorrow, June 25th at 8:45 a.m. at the Renaissance Austin Hotel.  The conference is sponsored by the Texas Association of School Administrators (TASA), the UT-Austin College of Education , and the Texas Education Agency.

"This is a historic opportunity for Texas school leaders to hear both Governor Perry and Mr. Sanchez on the same stage," TASA Executive Director John Veselka said.  "Texas educators will be facing critical challenges in the months ahead, and the perspectives of these candidates are of great interest to our members."

To read Rick Perry's education proposals, click here.

To read Tony Sanchez's education proposals, click here.

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June 24, 2002
Mon  8:47:23 P.M. CST

House Higher Education to Consider Post-Tenure Review

The Higher Education Committee in the Texas House of Representatives will meet tomorrow, June 25th at 11:00 a.m. in the Capitol Extension, Room E2.010 to evaluate the implementation of Senate Bill 149, 75th Texas Legislature, relating to post-tenure review  for faculty.  

The Committee will also hear testimony regarding the effects of standardized testing on dyslexic students who wish to enroll in institutions of higher education.

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June 24, 2002
Mon  8:33:43 P.M. CST

TEA Rolls Out New Accountability Plan

The Texas Education Agency (TEA) has released a new accountability plan to rate school districts and evaluate the performance of public schools for the 2002-2003 school year.

The new plan provides a transition from the state’s current accountability rating system, which uses results from the Texas Assessment of Academic Skills (TAAS) and annual dropout rates, to the new accountability rating system, which will use results from the Texas Assessment of Knowledge and Skills (TAKS) and longitudinal completion rates, which can be defined as the rate at which students in 7th through 12th grades complete their academic requirements and are promoted to the next grade level and are eventually graduated from high school.

“To ensure a successful continuation and expansion of our education reform efforts, we have designed a transitional accountability system for 2003,” Commissioner of Education Felipe Alanis explained. “During the 2002-2003 school year, we plan to provide districts and campuses with data that will help them predict how they will fare under the new accountability standards when they are fully implemented in 2004. Schools will then be able to plan improvement strategies, if necessary, to meet the accountability standards for 2004 and beyond.”

The defining characteristics of the 2003 accountability plan are the use of the new TAKS results and completion rates for the first time. The State Board of Education (SBOE) is scheduled to set student passing standards for the TAKS in November 2002. The first administration of the TAKS will occur in spring 2003.

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June 21, 2002
Fri  8:15:32 P.M. CST

Perry Makes BBQ Bet

Texas Governor Rick Perry today placed a friendly wager with South Carolina Governor Jim Hodges that the University of Texas Longhorns will emerge victorious in the College World Series. The Longhorns are assured of facing a team from the state of South Carolina in the CWS Championship Game.

“The Longhorns are showing the rest of the country that we play hardball in Texas,” Perry said. “The University of Texas has represented our state proudly, and has shown all the focus and heart of champions.”

As part of the friendly wager, Perry put up 10 pounds of “real Texas barbeque” for a Longhorn victory against 10 pounds of barbeque from South Carolina.

“On Saturday, an outstanding baseball team from South Carolina will pass over a small Texas speed bump on the way to winning the national championship,” said Gov. Hodges. “I figured I might as well get some free barbeque along the way.”

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June 21, 2002
Fri  8:05:19 P.M. CST

Seaman Proposes Home Insurance Reforms

Texas Representative Gene Seaman (R- Corpus Christi) proposed major reforms in homeowner's insurance today that will protect consumers and slow the spiraling costs of home insurance premiums in Texas and the Coastal Bend.

"Texans should be outraged that skyrocketing insurance rates are keeping some consumers from living the American dream by purchasing their own homes," Seaman said. "Nueces County has the highest homeowners insurance rates in the state.  In some cases premiums have increased from 40 to 200 percent."

The highlights of the plan are as follows:

Rate regulation by the Texas Department of Insurance (TDI) for all homeowner insurance companies;
Creation of a new three-member appeals board composed of two consumers and the Insurance Commissioner to increase consumer participation in the rate process;
Allowing small and Texas domestic companies to create their own forms for greater consumer choice;
Preventing insurance companies from denying coverage to consumers who have filed previous water and mold claims;
State licensing of public adjustors and mold remediators with the creation of professional standards, bonding, and continuing education;
Creating a home maintenance class for consumers similar to a driver's education class that will include a premium discount;
Premium reductions for the use of building materials that are water, mold and fire resistant;
Granting the Insurance Commissioner greater authority to require quicker claims handling and shorter response by companies;
Mandating that companies clearly state to consumers in writing any policy and coverage changes;
Providing the Insurance Commissioner with greater statutory and rule making authority to address market and product withdrawals; and
Requiring the use of mediation for insurance litigation to resolve contested claims faster.

"This proposal is a starting point to develop a comprehensive insurance reform bill for the 78th Legislative Session," Seaman said.

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June 19, 2002
Wed  8:55:11 P.M. CST

From "Yo Quiero Taco Bell" to "Yo Quiero Su Voto"

The Texas Ethics Commission has made it easy for linguistically challenged lawmakers to communicate with the emerging Hispanic population in Texas. Recent redistricting efforts have increased the percentage of Hispanics in Anglo districts.  However, some Anglo lawmakers speak no Spanish or have limited knowledge of the language.  Despite the recent debate on whether speaking Spanish in the political arena balkanizes Texans, lawmakers who wish to learn the language to communicate with their constituencies can rely on contributions from lobbyists to pay for Spanish lessons.

Lawmakers are prohibited from using campaign contributions for "personal use."  However, if a legislative district contains a large Spanish speaking population, a lawmaker can justify Spanish lessons if learning Spanish is directly related to the effective performance of his/her legislative duties.  The opinion issued by the Commission did not limit where the lawmaker can learn Spanish. Thus, based on the language in the opinion, a lawmaker could conceivably take a six-week intensive course in Acapulco, Cancun, Cozumel, or Madrid, Spain at the Texas lobby's expense.

To read the opinion, click here.

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June 19, 2002
Wed  8:33:25 P.M. CST

Texas Democrats to David Dewhurst:  Show Us Your Tax Returns!

Texas Democratic Chairwoman Molly Beth Malcolm called on Republican Lieutenant. Governor candidate David Dewhurst to release his income tax returns for the years he has served in statewide public office to clear up questions about his fortune and potential conflicts of interest.

"David Dewhurst should release his income tax returns for the years 1998 through 2002," Malcolm said. "Texans expect their candidates for top public office to be honest and forthcoming about their personal finances."

Malcolm said Dewhurst is alone among both major parties' top candidates for state offices in refusing to release at least the top two pages of his federal income tax returns for the years he has served in elected office.

"David Dewhurst has a special standard to meet given his recent statements about questionable bank loans in Louisiana, which contradict the legal record of his business past," Malcolm said.

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June 19, 2002
Wed  8 25:43 P.M. CST

Governor Rick Perry Celebrates Juneteenth

Governor Rick Perry today celebrated Juneteenth by repeating his pledge to continue improvements to the state’s education system as “the means to opportunity and greater empowerment” during a ceremony to honor six Texans with Al Edwards Emancipator Awards.

“We must stand for opportunity for all, regardless of race, ethnicity or income,” Perry said. “That is why we have made public education our highest priority. By focusing on higher standards and greater accountability, we have stretched the learning potential of young minds.”

The governor said programs such as the $300 million TEXAS Grant Program “have sent a message to all Texans that regardless of their financial means, if they study hard and work hard, they can pursue a college degree and a brighter future.”

Perry also has called for the creation of a $20 million grant program to enroll thousands of “first generation” students in college by making higher education more accessible and more affordable. Under Perry's plan, the state would set aside $20 million for competitive grants to Texas colleges and universities that recruit, counsel and help prepare students identified as the first generation in their families to attend college.

Juneteenth celebrates Texas Emancipation Day. On June 19, 1865, Union Major General Gordon Granger read General Order No. 3 to the people of Galveston, stating: “The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor.”

In 1980, Juneteenth became an official state holiday after the 66th Texas Legislature passed legislation sponsored by Rep. Al Edwards (D-Houston) to declare June 19th, “Emancipation Day in Texas.”

In 1997, Edwards began presenting the Emancipator Awards to honor outstanding community achievement. Perry is the first governor to take part in the awards ceremony.

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June 19, 2002
Wed  8 12:14 P.M. CST

Texas GOP Chair Urges Swift Judicial Confirmations

Texas GOP Chairwoman Susan Weddington is urging Texas Republicans to contact the Senate Judiciary Committee to urge swift confirmations of President Bush's judicial nominees, including former Texas Supreme Court Justice Priscilla Owen.  Weddington says that Justice Owen is an "accomplished jurist of exceptional integrity, character, and intellect" who deserves a hearing before the Judiciary Committee.  She want Texas Republicans to help end the "judicial emergency" declared by the Judicial Conference of the United States.

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June 19, 2002
Wed  8 06:10 P.M. CST

Texas Sunset Advisory Commission to Issue Decisions

The Texas Sunset Advisory Commission will meet on June 25 and 26 at 9 a.m. in Room E1.036, Texas Capitol Extension to issue decisions on the following state agencies:  State Board of Dental Examiners, Texas Department of Licensing and Regulation, State Board of Educator Certification, Texas Higher Education Coordinating Board, State Bar of Texas, Board of Law Examiners, and the Texas Ethics Commission.

To learn more about the sunset process, click here.

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June 10, 2002
Mon  8:30:09 P.M. CST

Condolences to Tony Sanchez and Family

Earlier today, Alicia Sanchez, mother of Texas gubernatorial candidate Tony Sanchez, passed away in Laredo, Texas.  She was 83.  

Texas Governor Rick Perry and his wife Anita offered their condolences.   "I know he will be heartbroken and we share his grief," Perry said. "Anita and I will have he and his family in our prayers."

MyCapitol.com offers its condolences and support to the family during this difficult time.  

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June 5, 2002
Wed 5:40:09 P.M. CST

Perry to Assist Border Facilities

Texas Governor Rick Perry today announced that Texas will receive $40.8 million from the U.S. Department of Transportation to build one-stop border inspection facilities designed to house both state and federal inspectors.

“Texas border crossings are among the busiest in the nation,” Perry said. “This new federal funding will help us keep border traffic moving as smoothly and quickly as possible while still ensuring the safety of the vehicles and cargo entering our state.”

Texas has 14 border crossings – more than any other state – including seven of the nation’s 10 busiest southern border crossings. However, the state currently has no permanent border safety inspection facilities.

Earlier this year, Perry directed the Texas Department of Transportation to seek federal funding to design and build efficient, modern and secure inspection facilities at the eight busiest truck crossings in the state. At the inspection stations, trucks will be checked to make sure they meet all safety and weight standards for Texas roads.

The state also has invited several federal agencies – including the U.S. Customs Service, the Immigration and Naturalization Service, the U.S. Drug Enforcement Administration and the U.S. Department of Agriculture – to house inspection services in these facilities.

“These one-stop inspection facilities will improve the flow of traffic across the border and provide an efficient use of taxpayer dollars,” Perry said.

The governor noted that about 80 percent of U.S.-Mexico commerce passes through Texas.

“Border traffic will increase as we build strong economic partnerships with Mexico,” Perry said. “This project is important not only to the Texas border, but to the entire nation.”

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June 5, 2002
Wed 5:35:11 P.M. CST

Cornyn Sues Maker of Breast Cancer Drug

Texas Attorney General John Cornyn filed an antitrust lawsuit charging that pharmaceutical manufacturer Bristol-Myers Squibb, Inc. (Bristol) monopolized the market to maximize profits from the sale of the cancer-fighting drug, Taxol®.

In a multi-state action, a group of 29 states, the District of Columbia, Puerto Rico and the Virgin Islands accuse Bristol of acting illegally to keep the cheaper, generic version of Taxol® off the market. As a result, cancer patients and others were forced to pay significantly higher prices for the life-saving drug.

"It is deplorable that anyone would take advantage of those undergoing treatment for cancer," said Attorney General Cornyn. "The lawsuit filed today is intended to stop fraudulent pricing and to send the message to the pharmaceutical industry that we will not let companies take advantage of our most vulnerable citizens in order to boost their profits."

In 1992, the Food and Drug Administration (FDA) gave Bristol five years of exclusive marketing rights for Taxol®. Paclitaxel, the actual pharmaceutical ingredient in Taxol® was initially discovered by the National Cancer Institute (NCI), and was developed and tested by the NCI at taxpayer expense. Paclitaxel is used in the treatment of ovarian, breast and a variety of other cancers. In 1993 the company told a congressional committee that paclitaxel was not patentable, and that near-term generic competition for Taxol® is a certainty.

Cornyn's lawsuit alleges that Bristol knowingly manipulated the U.S. Patent and Trademark Office process by fraudulently securing patents that had no legal validity. These actions prevented generic drug manufacturers from entering the marketplace until 2000. As a result, hospitals, cancer patients and states were forced to pay nearly a third more for Taxol® treatments.

Bristol's sales of Taxol® have totaled at least $5.4 billion since 1998. A standard course of treatment using the name brand drug can cost from $6,000 to $10,000 per patient.

In the last several years as pharmaceutical prices have skyrocketed, attorneys general throughout the country have individually or collectively taken action against illegal marketplace manipulation, improper patent monopolization and wholesale price fixing, all of which resulted in higher prices for consumers. Recently, Attorney General Cornyn joined a number of other attorneys general to form the Pharmaceutical Pricing Task Force, which seeks to monitor the broad range of issues regarding pharmaceutical pricing, and will help with current and future lawsuits.

The lawsuit was filed in the United States District Court for the District of Columbia. The suit seeks injunctive relief, civil penalties and monetary damages.

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June 5, 2002
Wed 5:31:45 P.M. CST

TAMACC Launches New Program

The Texas Association of Mexican American Chambers of Commerce (TAMACC) Board of Directors and Educational Development Foundation joined by Senator Gonzalo Barrientos (D-Austin) today unveiled "Rules of Engagement:  A Leadership Institute (RELI)," a statewide initiative for Hispanic entrepreneurship and leadership development.

The RELI Program will provide Hispanic leaders with an awareness of current issues and skill development.  The individuals selected for RELI are leaders in their communities and professions and represent a cross-section of the diverse Hispanic population.

"By 2010, Texas' Latino population is projected to be 8.9 million or 36.1% of the total population.  By 2030, 15.8 million Latinos will comprise 45.7% of the state population.  By 2030, Latinos will comprise 48% of students in college.  There are 240,396 Latino-owned businesses in Texas, a 54% increase over 1990's figures.  The Latino buying power is approximately $56 billion.  I am confident that TAMACC's Educational Development Foundation is on the right track.  Hispanic leadership is needed to help shape Texas' future and TAMACC's RELI program is taking the lead in getting that done, said Ricardo Calderon, TAMACC's Chairman of the Board.

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June 3, 2002
Mon 7:23:13 P.M. CST

Ron Kirk:  Confirm President Bush's Judicial Nominees

Urging the Democratic and Republican leadership of the U.S. Senate to "break the gridlock," Ron Kirk today asked that President George W. Bush's judicial nominees move forward in an expeditious manner. Kirk cited the case of Judge David Godbey who President Bush nominated to serve on the Federal District Court as an example of a moderate, centrist jurist who should approved without further delay by the U.S. Senate.

"Nominees of good character, evenness of temperament and thought should rise above other considerations and be expeditiously confirmed," Kirk stressed in his letter to U.S. Senate Majority Leader Tom Daschle (D-South Dakota) and U.S. Senate Minority Leader Trent Lott (R-Mississippi)."It is time to break the gridlock in Washington on the part of both Democrats and Republicans and provide hearings for moderate, centrist judicial nominees," urged Kirk.

Former Texas Supreme Court Justice Priscilla Owen has been nominated by President Bush to the U.S. Fifth Circuit Court of Appeals in New Orleans.  She is still awaiting confirmation.  Some Washington insiders speculate that the Democratic controlled Senate Judiciary Committee will not recommend Owen for a full vote by the U.S. Senate.  The Weekly Standard recently published an article on Owen. Earlier this year, the Senate Judiciary Committee killed the nomination of Judge Charles Pickering of Mississippi to the U.S. Fifth Circuit Court of Appeals.

State Representative Rob Junell (D-San Angelo), current chairman of the powerful Appropriations Committee in the Texas House of Representatives, is expected to be nominated for a federal judgeship later this year.  Junell did not seek reelection.

Ron Kirk is the nominee of  the Texas Democratic Party to serve as U.S. Senator for the State of Texas.  A long-term public servant and pro business moderate, Ron Kirk served two terms as the mayor of Dallas, Texas. He also served as the Secretary of State of Texas and on the staff of U.S. Senator Lloyd Bentsen.

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June 3, 2002
Mon 7:17:45 P.M. CST

Texas Education Commissioner Makes Appointments

Paul A. Cruz, superintendent of the Laredo Independent School District, will join the Texas Education Agency as deputy commissioner for dropout prevention and initiatives, Commissioner of Education Felipe Alanis announced today.  Cruz, who holds a doctorate from the University of Texas, has served as superintendent of the Laredo district since 1998. As the head of that district, he oversees the education of 23,000 youngsters, provides leadership to a staff of more than 3,400 employees and manages a budget of about $220 million. During his tenure, the number of Laredo campuses earning the exemplary or recognized accountability rating from the state increased from four to 12. There was also a substantial increase in the number of students earning a high school diploma under the recommended graduation plan.

The commissioner also announced new high-level assignments for three current TEA employees:

Robert Muller, associate commissioner for continuing education and school improvement, moves to chief of staff.

Walter Tillman, manager of youth services/GED, becomes assistant commissioner for education services.

B.J. Gibson, senior director of student support services, moves to assistant commissioner for state and federal student initiatives.

“I am confident that these four outstanding individuals will serve this agency and the children of this state well. Each brings a wealth of experience and skill to their new position,” Alanis said.

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June 3, 2002
Mon 7:10:33 P.M. CST

Texas Comptroller Rylander Names New General Counsel

Texas Comptroller Carole Keeton Rylander today announced the appointment of Jesse Ancira, Jr. as General Counsel for the office of Comptroller of Public Accounts.

Ancira was one of Comptroller Rylander's first hires in her transition to office in 1998. He has served as Legislative Director, Tax Ombudsman and, most recently, Director of Tax Administration.

Prior to his work here, Ancira worked for the State Auditor's Office, the Joint House and Senate Committee on General Investigating and the Federal Bureau of Investigation.

"I am pleased and proud to offer Jesse this opportunity," Rylander said. "His breadth of experience and his exemplary service for the people of Texas will serve us well in this 21st Century. He is an invaluable asset; and, I'm sure he will continue to succeed in his new position."

Ancira holds a bachelor of business degree in accounting from Southwest Texas State University, as well as his doctorate of jurisprudence from the University of Texas at Austin. Active in civic affairs, Ancira currently serves on the Taylor Independent School District Board of Trustees.

Ancria replaces Richard Munisteri as General Counsel, who is returning to Houston after two and a half years in the position to pursue an opportunity in the private sector.

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June 2, 2002
Sun 5:02:13 P.M. CST

MyCapitol.com Launches Capitol Clips!

Capitol Clips, an Internet news clipping service, was officially launched on June 1, 2002.  Capitol Clips will provide readers with key national, international,  and Texas stories.  Commentary by prominent columnists will also be available.

Capitol Clips will be provided on Saturdays and Sundays on a trial basis.  Plans are being made to offer the service seven days a week.  

If there are any articles you would like to have included in the Capitol Clips or would like to provide comments on this new service, please send an e-mail to webmaster@mycapitol.com.

Thank you for your interest.

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 MAY 2002
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May 28, 2002
Tue 9:30:20 P.M. CST

MyCapitol.com to Launch New Service on June 1, 2002

MyCapitol.com will be launching an exciting new service this Saturday, June 1, 2002.  A Lege Alert announcing the new service will be sent Saturday morning.

Thank you for helping make MyCapitol.com a success!

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May 24, 2002
Fri 9:31:13 P.M. CST

Diaz Named Vice President for Governmental Relations

Francisco G. Cigarroa, M.D., president of The University of Texas Health Science Center-San Antonio, today named Armando Diaz as the center's vice president for governmental relations. Diaz, currently vice chancellor for community relations for The University of Texas System, begins his new duties in San Antonio June 17.

"Armando's experience as an executive officer of the U. T. System and his background and work with the Texas Legislature make him an ideal choice for this position," Dr. Cigarroa said. "We have a lot of work ahead of us in Austin and in Washington, D.C. and I know that Armando will bring great leadership to our efforts in communicating the needs, goals and accomplishments of the Health Science Center to the state and to Congress."

"Armando is a wonderful man who provided a valuable service to The University of Texas System. His dedication to higher education issues is greatly appreciated and admired," said State Representative Irma Rangel (D-Kingsville).  Rangel is the chairwoman of the Higher Education Committee in the Texas House of Representatives.  "We will miss him dearly in Austin.  I look forward to working with him on issues affecting The University of Texas Health Science Center-San Antonio."

As vice president for governmental relations, he will be responsible for communications and interactions on behalf of the Health Science Center with elected officials, agencies and their staffs.

"Although I am leaving the U. T. System Administration, I am still part of the U. T. System family," Diaz said. "This is a wonderful career opportunity for me and I am honored that Dr. Cigarroa has asked me to join his executive administration team in this important capacity. I'm looking forward to joining his administration and support his efforts in attaining the vision of taking the Health Science Center to the top tier of academic health centers in the country."

Diaz joined the U.T. System as a special assistant for governmental relations in 1991. Shortly thereafter he was promoted to assistant vice chancellor for governmental relations and in 1999 was promoted to assistant vice chancellor for governmental and community relations. In December 2000, he was promoted to vice chancellor for community relations. As vice chancellor, Diaz directed the U. T. System's community relations initiative, working with the 15 component institutions, and serving as the principal liaison to the various statewide community-based organizations and professional associations operating in Texas to further the mission of the U. T. System. These efforts have resulted in various on-going collaboration programs benefiting small businessmen and women in the U. T. System construction program and adult and youth educational leadership scholarship programs. His most recent work at the U. T. System has been as a liaison in developing international programs between the System and various higher education institutions in Mexico including student and faculty exchange programs, research, telemedicine, and distance education.

"Armando has been a vital part of our efforts to increase participation of historically under utilized businesses in many of our construction efforts across the U. T. System," according to Chancellor R. D. Burck. "He has also played a key role in our efforts to establish relationships and programs for the youth of our state through leadership and training workshops, mentoring programs, and scholarships to enhance access and opportunity in higher education."

No replacement has been named to succeed Diaz, according to Chancellor Burck.

Before his work at the U.T. System, Diaz was chief of staff to State Senator Judith Zaffirini (D-Laredo) and former State Senator Hector Uribe (D-Brownsville). Since 1974, he has served in a variety of technical and management positions in the executive branch of both state and local government, including community-based organizations. A native of Santa Maria, Texas, Diaz graduated from La Feria High School. He and his wife, Elia, live in Austin and plan to relocate to San Antonio.

With 15 campuses and more than 160,000 students, the U.T. System is the state's largest system of universities. The Health Science Center in San Antonio is one of six health institutions of the U. T. System. The center serves San Antonio and the 50,000 square-mile area of South Texas. It extends to campuses currently under construction in the metropolitan border communities of Laredo and the Rio Grande Valley. More than 3,000 students a year train at the Center and its more than 100 affiliated hospitals, clinics and health care facilities in South Texas.

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May 24, 2002
Fri 9:25:13 P.M. CST

Sanchez and Perry to Speak at LULAC Convention

Texas gubernatorial candidates Tony Sanchez and Rick Perry are scheduled to speak at the 73rd Annual Texas LULAC State Convention in Austin, Texas. The four day convention (May 30th-31st, June 1st-2nd) will also feature Texas' First Lady, Anita Perry.  She will speak at the Women's Award Luncheon on May 31st.   

Tony Sanchez is the keynote speaker for the May 31st dinner banquet.  Texas Governor Rick Perry will speak at the dinner banquet on June 1st.  Candidates for Lieutenant Governor, Attorney General, Comptroller of Public Accounts, and U.S. Senate will also be present at the convention.

For additional details, go to www.texaslulac.org.

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May 15, 2002
Wed 8:01:13 P.M. CST

Texas Students Excel in Standardized Tests

Note:  The following information was provided by the Texas Education Agency.

As the TAAS era in Texas comes to a close, Commissioner of Education Felipe Alanis announced today that 85 percent of the students tested this spring in grades 3-8 and 10 passed all tests taken.

The round of testing conducted this spring marked the last major administration of the 12-year-old TAAS test. The TAAS will be replaced next year by the Texas Assessment of Knowledge and Skills (TAKS).

This year, the overall passing rate for the 1.9 million students who took the TAAS in grades 3-8 and 10 rose three points over last year and 32 points over 1994 passing rates.

“Texas students and educators can be very proud of these TAAS scores. This test, since it was first used in 1990, has help document the remarkable success story we have seen in Texas public schools,” Alanis said. “Texas educators long ago adopted the philosophy that all children can learn. Each year we’ve set high expectations and our educators and children have worked hard to achieve these expectations.”

This year, fifth-grade students tied high school sophomores for the most improved scores. Those two classes increased passing rates 35 points between 1994 and 2002. Tenth-grade scores were released last month.

In releasing fifth-grade scores today, Alanis noted that only 56 percent of the youngsters passed all tests taken in 1994, the first year TAAS switched from an autumn to a springtime administration. By the spring of 2002, 91 percent of the fifth-grade students tested passed – a 35 point increase. That overall increase was driven heavily by the performance of minority students.

Passing rates for African-American fifth grade students rose from 35 percent in 1994 to 84 percent today – a 49 point gain. Hispanic students’ passing rates rose 44 points during that period, increasing from a passing rate of 44 percent to 88 percent. White students’ passing rates went from 68 percent in 1994 to 95 percent today.

“In the last few years, Texas has consistently seen the strongest growth in performance among minority and low-income children. These results are exciting, and we pledge to continue to work to close the achievement gap as we strive to provide a strong education for all our children,” Alanis said.

Scores of third-grade students reflected the gains seen at other grades. The passing rate at this grade reached 81 percent for all tests taken, up from 77 percent last year. Passing rates for African-American students rose from 62 percent to 70 percent, while passing rates moved from 72 percent to 76 percent for Hispanic students. White students posted passing rates of 90 percent, up from 87 percent.

Eighty-four percent of fourth-grade students tested passed all tests taken. That is a three-point increase over last year. African-American students’ passing rates improved from 70 percent in 2001 to 75 percent in 2002. Hispanic students’ passing rates increased from 76 to 80 percent over the past year. Scores for white students climbed from 88 to 91 percent.

Among sixth-grade students, 85 percent passed all tests taken, compared to 82 percent in 2001. Passing rates for African Americans went from 72 to 77 percent, while the passing rates for Hispanic youngsters went from 75 to 79 percent. White students earned passing rates of 93 percent this year, up from 91 percent last year.

Similar trends were seen at seventh grade where 87 percent passed all tests taken, which represents a three-point gain. Passing rates for African-American students climbed from 73 to 79 percent while Hispanic’ rates rose four points from 77 percent to 81 percent. White students recorded a passing rate of 94 percent, up two points from last year.

At eighth grade, 81 percent of students passed all tests taken, a one-point gain. African-American students earned a passing rate of 72 percent, a two-point gain; Hispanics had passing rates of 74 percent, a 1-point gain over last year and white students remained steady at 89 percent.

“These TAAS scores show that teachers have focused on our rigorous state curriculum and consequently student performance is on the rise,” the commissioner said. “I applaud the students, teachers and administrators for the hard work that made these gains possible.”

Senior Class Test Results

As the school year ends, 223,494 students in the 226,431-member Class of 2002 have passed the exit-level TAAS. In the May 2002 TAAS exit administration for graduating seniors, 1,738 of the 4,675 grade 12 students tested passed all tests taken. Students must pass this three-part test, along with their courses, in order to receive a diploma from a Texas high school.

The 2,937 seniors who have not yet passed TAAS can continue to take the test after leaving school and will be awarded a diploma whenever they pass the exam. Each local school district decides whether these students, who may receive a certificate of completion of course-work rather than a diploma this year, can participate in commencement ceremonies.

The number of seniors from the Class of 2002 who have not yet passed TAAS is the smallest number of such seniors in the history of the TAAS. Last year, there were 3,746 students in the 220,324-member Class of 2001 who had not passed the exit-level TAAS by the end of their senior year. In 1994, 9,077 students among the 178,889 members of that year’s class had not passed the exam by the end of their 12th grade year.

Additional details about the statewide TAAS results can be found at: http://www.tea.state.tx.us/student.assessment/.

Spanish TAAS Results

The commissioner said he was also pleased with the strong gains seen on the Spanish TAAS test, which is administered to limited English proficient (LEP) students in grades 3-6 in accordance with the recommendations of the student’s language proficiency assessment committee. Seventy-four percent of the students tested passed the third-grade Spanish test, a three-point increase over 2001 scores. At fourth grade, passing rates rose from 59 percent to 68 percent, while at fifth grade rates increased from 69 percent to 78 percent. Passing rates on the sixth-grade Spanish test rose from 45 percent to 57 percent. Because most Spanish speaking students have moved out of bilingual classes by this grade, only 1,465 students statewide took this sixth-grade test.

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May 15, 2002
Wed 7:30:25 P.M. CST

Bush:  Affirmative Access, Not Affirmative Action

The White House commented today on yesterday's ruling by the 6th Circuit Court of Appeals regarding the consideration of race in law school admissions at the University of Michigan School of Law.  The Appeals Court held that achieving diversity in a student body is a compelling governmental interest that justifies race-based admissions.  In a 5-4 opinion, the court concluded  that the law school's policy of achieving a "critical mass" of minorities in a law school class did not constitute a quota and thus was not discriminatory or unconstitutional.  The court further held that Bakke, a 1978 U.S. Supreme Court opinion that many universities have relied on to justify race-based admissions, is still good law until the U.S. Supreme Court rules otherwise.  

In 1996, a three-judge panel of the 5th Circuit Court of Appeals held in Hopwood v. State of Texas that Bakke was not controlling because a majority opinion was not delivered by the U.S. Supreme Court.  Thus, race could not be considered in law school admissions.  In 1997, former Texas Attorney General Dan Morales issued a legal opinion which expanded the scope of the ruling to include all race-based programs.  His opinion was rescinded by Texas Attorney General John Cornyn; however, Texas is still prohibited from considering race in university admissions until the U.S. Supreme Court issues a clear and determinative ruling on whether race can be considered to achieve a diverse student body.

Today, White House spokesman Ari Fleischer said the president opposed racial quotas and supported "affirmative access", a term which has yet to be clearly defined by The White House.  

"The president believes in affirmative access, providing equal opportunity for all Americans, not quotas," Fleischer said. "Affirmative access, which encourages and increases diversity on campus based on merit."

To read the opinion issued by the 6th Circuit Court of Appeals, click here.

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May 14, 2002
Tue 8:40:17 P.M. CST

Sanchez Unveils New Vision for Texas Education

Democratic gubernatorial nominee Tony Sanchez unveiled a new education proposal today that will help Texans achieve his or her educational potential.  

"Education is the most powerful way to enhance human and intellectual capital," said Sanchez.  "If we get education right, everything else will follow.  Get it wrong, and not much else will matter."

Sanchez's new proposal was developed after consulting with educators, parents, school board members and superintendents, taxpayers, and politicians.  

"They have helped me to better understand what is happening in the classroom and how statewide policies can impact students, teachers, and school districts at the local level," said Sanchez.  "The education of our children is something we must get right, but to do so we must renew our commitment to our children, rethink how we fulfill this commitment, and re-imagine the relationship between state, student and school."

Below are the highlights of Sanchez's plan.  For further information, visit http://www.educatorsforsanchez.com.

Early Childhood Development

All children must be healthy in order to learn.

Expand health insurance options for low-income children.
Leverage additional federal dollars for both Medicaid and the Children's Health Insurance Program (CHIP).
As state and local budget considerations allow, move toward universal pre-kindergarten for those who want and need to take advantage of it.

21st Century Curriculum and Texas Scholars Program

By taking advantage of Texas' rich knowledge base, we will provide greatly improved instruction materials and create new wealth for the state's information-based economy.

We will create The Texas Scholars Program, which will use the best and brightest minds in Texas to develop multi-media instructional material that will become the textbooks of the future.
Funded by re-direction of a portion of the Children's Textbook Fund, these scholars will produce materials tailored to individual learning styles.
Take advantage of the state's intellectual capital and use Texas scholars to produce and frequently update these new learning tools for free use in Texas.
Give the state a small equity stake and a small royalty for the sale of these materials outside of Texas. This arrangement would also be available to commercial publishers.
Use a portion of the Texas Infrastructure Fund to equip and prepare teachers to use new technology and new multi-media teaching tools.
Engage high school students with additional opportunities to take college-level courses, including on-line courses, for college credit. These courses are available today in some districts. Other districts should offer similar access.

Accountability and Assessment for Student Success

Texas' accountability system has greatly improved the quality of education. We must build upon and strengthen that system to make sure our children receive the best possible education.

Texas will adopt a new assessment tool in 2003, TAKS. I propose moving to a flexible testing schedule.
Beginning with this third grade pilot program, students could take the assessment test when they are ready. Also, different sections of the test (math, reading, writing etc.) can be taken at different times allowing for early intervention.
Students who pass this assessment early may progress to the next objective.
Begin to implement ongoing informal diagnostic checkpoints throughout all grades to assess learning styles and students' progress.
Using the results of an improved diagnostic and assessment system, we will build upon the Ninth Grade Recovery Project with an emergency rescue program to help children escape the cycle of failure.

Allies in Education: Teachers, Students and Parents

We will treat teachers as professionals and involve parents and students in innovative ways to keep all better informed and involved.

Bring teacher salaries to the national average by re-prioritizing the state's $114 billion budget.
We will free teachers to teach. The same technologies that will allow teachers to deliver enhanced learning materials to students will be used as part of a new, automated, statewide administrative system to reduce paperwork and increase communications among students, teachers and parents.
Texas has promised since 1984 to reduce class sizes. We have not met that promise. We will recommit to smaller class sizes while recognizing state and local budget realities.

Public and Higher Education Partnership

The resources of Texas' colleges and universities will be used to create opportunities and solutions for our teachers and students.

Develop a coordinated network of Laboratory Schools linked to all university and community college systems. University and public school professionals will work together to develop education initiatives.
Re-direct to these Laboratory Schools some of the $150 million spent on remediation of incoming freshmen each year by our colleges and universities.
The first laboratory schools should be located in districts whose students face the most difficulties. Over four years, the laboratory schools should be expanded to other districts, developing new educational techniques for all kinds of students.

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May 14, 2002
Tue 8:31:17 P.M. CST

Texas Governor Establishes Anti-Crime Commission

Texas Governor Rick Perry today announced the creation of the Governor's Anti-Crime Commission to advise him on the most effective ways to protect Texans from the far-reaching impact of drug trafficking, the threat of sexual predators and the economic toll of crime.

"We must do more to build a Texas that makes the innocent safe from attack, that makes our institutions and our laws more difficult to scam, and that sends a message to the criminal element that Texas is the last place they want to be open for business," Perry said.

The governor's bi-partisan commission will be co-chaired by former Texas Attorney General and Supreme Court Justice John Hill of Houston and Bexar County District Attorney Susan Reed. Other committee members include former FBI Director William Sessions, Harris County Sheriff Tommy Thomas, Judge John Creuzot of Dallas, McAllen Police Chief Victor Rodriguez and Del Rio banker Vidal Gonzales.

Perry directed the commission to examine ways to:

Better protect citizens and law enforcement through increased use of new technologies.
Reduce gang activity, particularly prison gangs, as it relates to drug trafficking and abuse.
Eliminate the profits of drug trafficking by providing local prosecutors with technical assistance to target money laundering as well as other white collar crime.
Strengthen the state's laws to better protect Texans against pedophiles and sexual predators.
Promote the use of effective prevention and treatment programs, such as drug courts, to reduce drug-related crime.
The governor said the commission would conduct hearings around the state and advise him on proposals to enhance public safety. He noted that three of the commission's charges are related to drug trafficking and its consequences.
A common link to all forms of organized crime is drug trafficking," Perry said. "Drug trafficking provides the means by which terrorists, prison gangs, cartels and criminal thugs fund many of their other illegal endeavors."

The governor said the commission's charges reflect the enormous and far-reaching impact of drug trafficking in Texas:

Crime related to substance abuse cost Texans $3.9 billion in 2000, according to the Texas Commission on Alcohol and Drug Abuse.
About $35 billion in drug money is laundered through Texas each year, according to the Texas Attorney General's Office.
There were more than 10,000 arrests for drug sale and manufacturing in Texas in 2000, according to the Texas Department of Public Safety.

Perry has asked the group to make its recommendations by Dec. 1.

The following individuals comprise the commission:

John Hill, Co-Chair
John Hill, a former Texas Attorney General and Supreme Court justice, currently is a senior partner in the Houston based law firm of Locke Liddell & Sapp LLP. Hill served as the Secretary of State for Texas from 1966 to 1968. In 1972, he was elected Attorney General of Texas, and he was elected Chief Justice of the Supreme Court of Texas in 1984. He graduated from the University of Texas School of Law in 1947. Hill also served as a Texas State Lottery commissioner from 1997 to 1999.

Susan Reed, Co-Chair
Susan Reed became the first woman elected to serve as the Bexar County district attorney in 1998. Before her election, she served as judge of the 144th District Court for 12 years. She was raised in San Antonio and received her undergraduate degree from the University of Texas at Austin. She earned her law degree from the UT School of Law in 1974. As a judge, Reed developed a gang unit within Bexar County's Adult Probation Department. This effort resulted in her selection as Judge of the Year by the Texas Gang Investigators Association.

Ken Armbrister
Senator Ken Armbrister, D-Victoria, is chairman of the Senate Criminal Justice Committee. A former police officer and a graduate of the FBI National Academy, Armbrister also served as the director of the Victoria Regional Police Training Academy. He is a graduate of Sam Houston State University. He served in the Texas House of Representatives from 1983 to 1986 and has been a state senator since 1987.

John Creuzot
John Creuzot is the judge for the Criminal District Court No. 4 in Dallas County. He established DIVERT (Dallas Initiative for Expedited Rehabilitation and Treatment), a federally funded drug court. DIVERT's goal is to improve the chances of addicted probationers to break the cycle of addiction, crime and imprisonment. Judge Creuzot also serves as a faculty trainer for the National Drug Court Institute. He is a 1982 graduate of the Southern Methodist University Law School.

Ronald G. DeLord
Ronald G. DeLord is president of the Combined Law Enforcement Associations of Texas (CLEAT). He is a former Mesquite and Beaumont police officer who has served as the elected president of CLEAT since 1976. As CLEAT president, he presides over the executive board and serves as the organization's chief executive officer. He is a licensed attorney at law.

Vidal Gonzales
Vidal Gonzales has been the director of Del Rio National Bancshares, Inc., since 1994. He is a member of the Governing Board for the Texas Department of Housing and Community Affairs. He also is a past president of the Wintergarden Bankers Association. He received both a bachelor's and master's degrees in Animal Science from Texas A&M University.

Chris Heaton
Chris Heaton is the executive director of the Texas Municipal Police Association. He has 18 years' experience in law enforcement. He began his career with the Stephen F. Austin State University Police Department before moving to the Plano Police Department in 1984. Heaton earned a bachelor's degree in political science from Stephen F. Austin State University and a master's degree from the University of North Texas.

Juan Hinojosa
Representative Juan "Chuy" Hinojosa, D-Brownsville, is chairman of the House Committee on Criminal Jurisprudence and a member of the House Committee on Judicial Affairs. Hinojosa served in the U.S. Marines as a squad leader on the frontlines in Vietnam. He later earned an undergraduate degree from Pan American University and a law degree from Georgetown University.

Robert Kepple
Robert Kepple is the executive director of the Texas District and County Attorneys Association, a non-profit organization that provides training, technical assistance and legal resources to Texas prosecutors. He also has served as an assistant district attorney in Harris County, and he received his law degree from George Washington University.

Michael T. McCaul
Michael McCaul is deputy attorney general for criminal justice. As such, he is responsible for criminal justice issues statewide, including death penalty prosecution and appeals, cybercrime, and crime victims' compensation. He also is director of Texas Exile, a gun violence reduction initiative, and serves as a special assistant U.S. Attorney for the Western Division.

Joe C. Pickett
Representative Joe C. Pickett, R-El Paso, began his political career as a member of the El Paso City Council. He currently serves on the House Appropriations Committee and the Transportation Committee. He also has served on the House Committee on Criminal Jurisprudence and the House Committee on Juvenile Justice and Family Affairs, and he had an interim assignment as chairman of the State Affairs Committee.

Victor Rodriguez
Victor Rodriguez became of the chief of police in McAllen after working at the Texas Department of Criminal Justice as the director of the Parole Division, the largest parole agency in the nation. He also was the police chief in Harlingen and a detective in Brownsville, and he served as the chairman of the Texas Board of Pardons and Paroles from 1995 to 1999. Rodriguez has a master's degree from the University of Texas at San Antonio.

William S. Sessions
William S. Sessions of San Antonio is former director of the FBI and a former federal district judge. After starting a private law practice in Waco, President Richard Nixon selected him in 1969 to head a section of the criminal division of the U.S. Department of Justice and in 1971 to be the U.S. attorney for the Western District of Texas. In 1974, President Gerald Ford appointed him as U.S. district judge. In 1987, President Ronald Reagan named him to head the FBI, a position he held until 1993. He currently is a senior partner with the law firm Holland & Knight.

Florence Shapiro
Senator Florence Shapiro, R-Plano, is chairman of the Senate State Affairs Committee and has served in the Texas Senate since 1993. Shapiro has written major legislation to make government more efficient, to protect citizens and to improve opportunities for all Texans. She is a member of the Education, Intergovernmental Relations and Redistricting committees. She also serves on the Legislative Budget Board and Legislative Audit Committee.
Todd Staples
Senator Todd Staples, R-Palestine, is a member of the Senate Criminal Justice Committee. Born and raised in East Texas, Staples served his local community of Palestine as mayor pro tem before being elected to the Texas House of Representatives in 1995. During his three terms as a state representative, Staples served as vice chairman of the Corrections Committee and as a member of the Appropriations Committee.

Robert Talton
Representative Robert Talton, R-Pasadena, serves on the House Committee on Criminal Jurisprudence and the House Committee on Judicial Affairs. He was first elected to the Texas House in 1992. He received a bachelor of business administration degree from the University of Houston, and he earned his law degree from the South Texas College of Law. He also is a former police officer with the Pasadena Police Department.

Tommy Thomas
Tommy Thomas of Houston has been sheriff of Harris County since 1995. He has been with the Harris County Sheriff's Department since 1968, except for a brief stint as an investigator with the Harris County District Attorney's Office from 1970 to 1972. A U.S. Army veteran, Thomas has served as director of security for the Houston Livestock Show and Rodeo for many years and is a past president of the Texas Narcotics Officer's Association.

Steve Westbrook
Steve Westbrook is the executive director of the Sheriff's Association of Texas.

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May 14, 2002
Tue 8:25:17 P.M. CST

Advisors Appointed to Manage Permanent School Fund

The State Board of Education (SBOE) has re-created its Investment Advisory Committee, as recommended by the Texas Legislature, to advise the SBOE on the management of the Texas Permanent School Fund.

Members of the SBOE, which is an elected board, submitted nominations and confirmed the appointments of 14 committee members during the May meeting. The complete committee will consist of 15 members. In addition to advising the SBOE in investment matters related to the $18 billion Permanent School Fund, the committee may also provide an independent review of investment policies, procedures and plans and of the nature of the fund, which may include recommendations concerning changes in the diversification pattern, security purchases and sell patterns. The committee is not to offer advice regarding specific securities.

The individuals appointed to the committee are Presciliano “Presi” Ortega, Jr., owner of Presi Ortega and Associates Insurance Inc. (El Paso, District 1); William D. Dodge, III, principal, The Dodge Company (Corpus Christi, District 2); Narciso Cano, president and owner of Distributed Communication Corporation/DCCI Internet Services (San Antonio, District 3); Walter Davis, owner of Walter D. Davis CPA Firm (Houston, District 4); John A. Bell, owner of the Center for Financial Solutions (Austin, District 5); Stewart “Chip” Cureton, managing director of the Gulfstar Group, (Houston, District 6) );  John Osborn, CFA (Houston, District 7); Douglas R. Cannon, CFA, senior vice president and portfolio manager of King Investment Advisors (Houston, District 8); Cash Cunningham, independent financial consultant (Brenham, District 10); David Norcom of Morgan Keegan (Dallas, District 11); Daniel H. Chapman, chairman of Northern Trust Bank of Texas N.A. (Dallas, District 12); Sharon K. Simmons (Dallas, District 13); Jim Mehaffey, retired chief executive officer (Sherman, District 14); and David C. Wilder, president of P&E Leasing, Inc. (Plainview, District 15).

SBOE member Dr. Don McElroy (Bryan, District 9,) will submit his nominee for the Investment Advisory Committee during the July meeting of the SBOE.
SBOE Chair Grace Shore (Longview, District 8) appointed Douglas R. Cannon, CFA, as interim chair for the committee’s first meeting, during which Cannon will facilitate the committee’s election of a permanent chair. Prior to serving as senior vice president and portfolio manager of King Investment Advisors in Houston, Cannon was appointed by President George Bush as deputy executive director of the Pension Benefit Guaranty Corporation, a federal agency, where he was responsible for the management of $4 billion in assets.

Members of the Investment Advisory Committee will serve a two-year, staggered term. The committee may meet semi-annually or more frequently at the call of the chair of the SBOE or the chair of the SBOE’s Committee on the Permanent School Fund. Both positions are currently held by Shore.

The Texas Constitution of 1854 created the Permanent School Fund with a $2 million appropriation expressly for the benefit of the public schools of Texas. The Texas Constitution of 1876 stipulated that certain lands and all proceeds from the sale of those lands should also constitute the Permanent School Fund. Additional Acts later gave more public domain land and rights to the Fund. Its main source of revenue comes from royalties on the sale of oil and natural gas.

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May 14, 2002
Tue 8:19:17 P.M. CST

Texas Conservative Coalition:  Stop Medical Malpractice Crisis!

The Texas Conservative Coalition is urging Texas lawmakers to find solutions to stop the medical malpractice crisis in Texas.  

"Frivolous lawsuits are making it too expensive for some doctors to continue to treat patients," said Texas Representative Arlenge Wohlgemuth, R-Burleson, who chairs the bi-partisan coalition of legislators.  "Doctors, hospitals and other health care providers are being forced to spend millions of dollars to defend themselves against unfounded charges.  It is causing their insurance rate to skyrocket and if it continues it will be a prescription for health care disaster."

"We must examine every possible avenue to stop this health care crisis now," Wohlgemuth added.  "We have to protect patients from negligence, but we also have to protect our physicians from those who would file unwarranted cases to try and line their own pockets at the expense of quality health care.  The stakes are high in trying to find that balance--access to health care for all Texans."

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May 13, 2002
Mon 9:40:12 P.M. CST

Texas Governor Rick Perry Receives Distinguished Alumni Award

Texas A&M University has presented Gov. Rick Perry with the school's Distinguished Alumni Award. The award presentation came during commencement ceremonies in College Station.

"I am truly humbled to receive this recognition," Perry said. "Texas A&M has been an integral part of my life and has given more to me than I could ever give back."

Perry, who received his degree from Texas A&M University in 1972, is the first A&M graduate in Texas history to serve as Governor. The son of West Texas tenant farmers, Perry was among the first generation in his family to attend college and often notes that his degree from Texas A&M has been the key to all of his professional achievements.

The Distinguished Alumni Award was developed by The Association of Former Students and the university to recognize outstanding alumni. The prestigious award is presented to alumni who have made significant contributions to society and is based on professional accomplishments, civic leadership and dedicated service to Texas A&M University.

Up to four awards are presented each year at May commencement exercises. Perry was one of three recipients for the 2002 award. Pier 1 Imports CEO Marvin Girouard, A&M class of 1961, and Blue Bell Creameries President Howard Kruse, A&M class of 1952, were also recipients.

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May 13, 2002
Mon 9:35:25 P.M. CST

Texas Governor Rick Perry Makes Appointment to Texas Ethics Commission

Governor Rick Perry today announced the appointment of Scott W. Fisher of Bedford to the Texas Ethics Commission.  The Texas Ethics Commission is responsible for administering and enforcing laws concerning political contributions and expenditures, political advertising, lobbying activities and the conduct of state officers and employees.  The Texas Ethics Commission is currently under review by the Sunset Advisory Commission.  Recommendations have been proposed to strengthen the Commission's role and functions.

Fisher is the senior pastor at the Metroplex Chapel in Euless and the executive director of Macedonian Ministries, Inc.  He was the director of communications for the Texas Christian Coalition from 1992 to 1994.  Fisher has served as a Tarrant County election judge and precinct chairman.  He is also board chairman for Vision -21, a religious non-profit corporation, and he is active in Mission 820, a community outreach program in Fort Worth.  Fisher is a member of the National Association of Securities Dealers.  He attended Baylor University.

Fisher's appointment is subject to approval by the Texas Senate.  

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May 13, 2002
Mon 9:20:37 P.M. CST

Comptroller Carole Keeton Rylander Slams USAA in Court

Texas Comptroller Carole Keeton Rylander was elated today after a Travis County District Court ruled that the USAA Insurance Company is subject to the sales tax, motor vehicle tax, and fuels tax.  USAA sued for $120 million plus interest seeking a refund for taxes paid since August, 1994.  If the company had won the case, Texans would have been liable for up to $2 billion.  

"Today's decision protects and saves $2 billion for the people of Texas," Rylander said. "USAA's position is wrong on the law.  We prevailed as we felt confident we would do.  USAA should pay the same taxes everyone else does," concluded Rylander.

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May 13, 2002
Mon 9:01:55 P.M. CST

New Consumer Organization Formed

A leading consumer advocate and a former legislative director have joined forces to form Texans for Economic Progress, a non-profit consumer advocacy organization aimed at fighting public policies that chip away at Texans' pocketbooks.  

"Texans' pocketbooks are being attacked from all sides," said group founder Sandra Haverlah.  "At Texans for Economic Progress, we intend to stand up for working families and retirees who are having trouble making ends meet, whose household budgets are being whittled away by government enactments."

Haverlah is the president of the Texas Consumer Association.  Her cofounder is Bruce Scott, a former legislative director for former Texas Senator David Sibley (R-Waco).  Scott also served as the director of the Senate Committee on Business and Commerce.  

"We want to look at how different public policy issues affect both the business climate and family budgets and make sure the public is aware of how their lives are impacted by decisions in Austin," said Scott, who will be the organization's new executive director.  "We want to work with legislators, state officials and regulators to improve the bottom line for all Texans."

Texans for Economic Progress will examine electric utility deregulation, telephone rates, efforts to revise the state's tax structure and transportation issues.  

AT&T provided a seed grant for the organization.  

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May 13, 2002
Mon 8:34:22 P.M. CST

U.S. Government to Track Foreign Students

The U.S. Department of Justice has proposed a new rule to track the activities of all foreign students studying in the U.S.  The government will not implant tracking chips on the students.  Rather it will work with university officials to authenticate the identities of foreign students and to assure Americans that the students did not enter the country under false pretenses.  The Student Exchange and Visitor Information System (SEVIS) will allow universities to transmit information via the Internet to the Immigration and Naturalization Service.

To read the full transcript of the proposed rule, go to the Capitol Spotlight.

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May 13, 2002
Mon 8:27:43 P.M. CST

Cornyn Urges Texans to Read Homeowners Insurance Policies

Texas Attorney General John Cornyn urged Texans to study their homeowners insurance policies upon renewal because they may be changing markedly. Also, these policies can vary dramatically from company to company.

For example, the comprehensive HO-B homeowner policy that most Texans have had for years has been revised. By Jan. 1, 2003, this policy must be available in Texas. The revised HO-B policy no longer covers mold remediation beyond what is necessary to repair or replace the property damaged. This new policy only covers mold when it results from sudden and accidental discharges, leaks or overflow of water. Mold caused by hidden and undetected water damage is covered if reported within 30 days of detection.

Under the revised HO-B policy, however, insurance companies must offer policyholders the opportunity to repurchase full mold remediation coverage, at added cost, in amounts of 25 percent, 50 percent and 100 percent of their policy limits.

"Of even greater impact to consumers, however, is the fact that some large insurers are already replacing their comprehensive HO-B policies with more restrictive HO-A policies," Cornyn said. "The basic HO-A policy excludes virtually all water and mold damage coverage unless the homeowner adds new endorsements, which also adds to the cost."

Cornyn advised Texans to study their homeowner renewal policies and take the time necessary to understand any changes, including any new endorsements. Cornyn also suggested that consumers question their insurance agent, in writing if possible, about any changes to their policy. Homeowners can learn more by visiting the Texas Department of Insurance's website at www.tdi.state.tx.us, or by obtaining the free brochure, "Homeowners Insurance: A Guide for Texas Consumers" from TDI's publication order line at 800/599-SHOP (7467).

Consumers can often reduce their premiums by calling competing insurance companies, Cornyn said. However, homeowners should retain their current policies until they have signed on with another company so they can ensure continued coverage. If you suspect any insurance company or agent is engaged in a deceptive or misleading practice regarding renewing or selling a homeowner's policy, you are encouraged to call toll-free the Consumer Protection Division of the Office of the Attorney General at 800/621-0508, or the TDI at 800/252-3439.

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 APRIL 2002
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APRIL 29, 2002
Mon 8:40:10 P.M. CST

President Bush Establishes Freedom Commission on Mental Health

To view the executive order, go to the Capitol Spotlight.

Note: The following highlights were prepared by The White House.

Improving Access to Quality Mental Health Care

Today's Presidential Action

In a speech at the University of New Mexico, President Bush today announced his plans to improve access to quality, effective mental health care. The President announced that he will work to pass federal mental health parity legislation to eliminate disparities in the coverage of mental health benefits.
The President also announced the formation of the President's New Freedom Commission on Mental Health to develop recommendations on improving the nation's mental health service delivery system.

Background on Today's Presidential Action

Each year, millions of Americans suffer from mental illness. Many adults and children are significantly disabled by severe and persistent mental illness. Untreated mental illness is a great national problem.
The stigma of mental illness often discourages patients from seeking care despite the existence of new drugs and therapies that have vastly improved the chances for effective treatment and recovery. Without access to necessary and effective quality care, far too many Americans will live with untreated mental illness that too often can lead to homelessness, drug and alcohol addiction or incarceration.

Parity in Mental Health Benefits

Despite the advances that have been made in the science of mental health treatment, many health plans unfairly treat coverage for mental health benefits by imposing copayments, deductibles or limits on outpatient visits that are more restrictive than those placed on physical illness.
The President has a history of supporting parity legislation. In 1997 as Governor of Texas, he signed legislation into law that required plans to provide fair treatment to patients with severe mental illnesses.
The President will work with Senator Domenici and other leaders in the House and Senate to reach an agreement on mental health parity legislation that can pass Congress and be signed into law. The legislation must prevent plans from applying less generous treatment or financial limitations on mental health benefits than are imposed on medical or surgical benefits.

The President's New Freedom Commission on Mental Health

Currently, numerous Federal, State and local government entities oversee mental health programs, policy, funding and the diverse network of public and private providers. More efficient organization and coordination could assist these providers in ensuring effective treatment is received by those in need.
To address this issue, President Bush is establishing the President's New Freedom Commission on Mental Health. The Commission will be composed of fifteen members, appointed by the President, and seven ex-officio members from executive branch agencies. The Commission will identify the needs of patients, the barriers to care, and investigate community-based care models that have success in coordinating and providing mental health services. The Commission will have one year to recommend immediate improvements that can be implemented by all aspects of the public and private mental health system to improve coordination and quality of services with existing resources.

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APRIL 29, 2002
Mon 8:33:26 P.M. CST

Perry Announces Policies to Secure Abundant Water Supply

Texas Governor Rick Perry today called for the construction of the state's first large-scale ocean water desalination plant as one step toward securing an abundant water supply to meet Texas' future needs.

The proposal is one of several the Governor announced as part of his "Controlling Our Destiny" program to ensure that Texans have the water they need to continue to prosper. Perry's innovative plan also focuses on other ways to develop new sources of water, as well as adopting efficient methods of water use, developing financing options for water infrastructure projects, and ensuring the safety of this Texas ports, dams and waterways.
"For Texas to prosper long into the future, we must ensure we have a supply of water that is safe, that is easily replenished, and that is used efficiently," Perry said. "By making our water use and infrastructure more efficient and secure, and by utilizing innovative financing and technologies to conserve existing sources and tap new sources of water, Texas water will be safe and available for future generations of Texans."

Perry announced details of his plan during a visit to the San Antonio Water System (SAWS) Heating and Cooling Plant. Perry was joined by State Rep. Ron Lewis (D-Mauriceville), who serves on the House Natural Resources Committee, and Commissioner Kathleen Hartnett White, who serves on Texas Natural Resource Conservation Commission.

Perry's plan is designed to build upon the existing 16 regional water plans already approved by the Texas Water Development Board. The governor said those regional plans provide a solid foundation and the state must act to assist in moving from planning to implementation.

The plan focuses on four critical goals. The governor stressed the importance of making more water available, offering innovative financing tools for construction and improvements of water and wastewater systems, adopting and implementing better-use practices, such as reusing water for irrigation purposes, and ensuring the safety of all water supplies.

But Perry's boldest and most innovative proposal calls for the construction of a large-scale desalination plant as a demonstration project on converting ocean water into drinking water.

"It is not a matter of whether saltwater will one day be used as an abundant source for public use, but when," Perry said. "As a people, we must have the courage to look into the future and invest today in a better tomorrow. There is no greater untapped source of water than the ocean water which Texas can easily access."

Second, Perry said the state must focus on using new financing tools that will accelerate the construction of needed water projects. Financial assistance for water projects - such as those proposed within the 16 regional water plans - can go further with increased public-private partnerships and design-build authority.

Perry also proposed increasing the use of Private Activity Bonds to finance needed water projects in Texas. Private Activity Bonds, which are tax-free investment bonds, have been used on a limited basis for water projects in the state. The bonds, frequently used for industrial projects, have been an underused source of financing to develop new water sources, Perry said. Under current state law, Texas will have more than $2.2 billion for Private Activity Bond projects over the next five years.

"Even if we use half of that bonding money for water projects, not only can we fund a desalination plant, but a significant portion of important water projects needed across our state," Perry said.

Third, the governor called for better water efficiency and improved water use practices, such as water re-use, education on better use practices, brush control and range management plans, as well as efficient irrigation and application systems.

Perry touted the Trans Texas Corridor, a visionary transportation plan for Texas that the governor laid out earlier this year, as a method of ultimately distributing desalinated water to all regions of the state. The Trans Texas Corridor incorporates toll and non-toll roads, high-speed freight and commuter rail, water lines, oil and gas pipelines, electric transmission lines, broadband and other telecommunications infrastructure in the same corridors. The Texas Department of Transportation is currently developing corridor implementation.

Finally, Perry took action to ensure the safety of the state's drinking water supply. The governor is directing all Texas Parks and Wildlife law enforcement officers to police water intake structures and dams, as well as directing the Multi-County Task Forces across the state to add to their missions the protection of Texas ports and Gulf Coast waterways. Perry said the added security is necessary following the events of September 11th.
"If we keep our water supply secure, and if we utilize more efficient water practices while moving forward on new sources like ocean water, we can ensure Texans yet to be born will have a water supply that is pure and plentiful," Perry said. "That should be one of our chief goals as a state."

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APRIL 29, 2002
Mon 8:21:05 P.M. CST

Cornyn Fights International Crime

Texas Attorney General John Cornyn brought top law enforcement officials from Texas and Mexico to work together in combating international crime.
During the San Antonio conference, General Rafael Macedo de la Concha, Attorney General of Mexico, and Dr. Juan Hernandez, appointed by President Vicente Fox as Director of the Presidential Office for Mexicans Abroad, met with Texas and Mexican prosecutors and police.

Also participating were General Cornyn's top deputies for law enforcement matters; Mexican consular officials; members of the FBI; the U.S. Department of Justice; the U.S. Secret Service; Texas DAs; and the Texas Department of Public Safety.

Among the issues discussed at the event were money laundering, extraditions, international auto theft rings, and international prosecutions. The conference allowed local district attorneys from Texas to discuss with federal officials from both countries how national security and international crime affects them, particularly along the border.

"To succeed in the fight against international crime, Texans and Mexicans must work together at every level and as closely as possible to give criminals no room to hide," said Attorney General Cornyn. "I am extremely grateful to President Fox for his commitment in ensuring that our common border will not be used as a shield to evade the arm of the law. And I am very pleased that many prosecutors and police officers from throughout Texas are here today to meet with our Mexican guests so we can best combine our strengths."

The two-day conference is the most recent effort by Attorney General Cornyn to bring together law enforcement officials from both sides of the border. In 1999, General Cornyn invited the attorneys general from the other nine U.S.-Mexico border states and the Attorney General of the Republic of Mexico to San Antonio to address international law enforcement matters. Attorney General Cornyn also has met with top Mexican officials to develop and enhance joint crime fighting efforts between authorities on both sides of the border.

These meetings have also advanced Attorney General Cornyn's commitment in fighting international crime: The Attorney General's International Prosecutions Unit assists Texas law enforcement by seeking extraditions or prosecutions in Mexico of persons who commit heinous crimes in Texas and then cross the border to evade justice. The Attorney General's Auto Theft Prevention Unit has helped local Texas law enforcement along the border work with Mexican states to locate and return hundreds of stolen vehicles. Efforts by General Cornyn's Financial Crimes Division have often relied on cooperation with Mexican federal authorities to seize assets held by international money launderers and drug cartels.

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APRIL 28, 2002
Sun  9:30:43 P.M. CST

Texas Senator Mike Moncrief: Governor for A Day

Fort Worth Senator Mike Moncrief was inaugurated as Governor For a Day, Saturday, April 27, 2002. Family, friends, and colleagues celebrated the occasion, honoring Governor Moncrief and First Lady Rosie Moncrief

At the close of the last legislative session, Moncrief's fellow senators unanimously elected him president pro tempore of the Senate. At times when the governor or lieutenant governor are out of the state, the president pro tempore becomes the acting governor. Today's official swearing-in continued a long-standing tradition.
"Representing the people of District 12 and those in Tarrant County has been the most important task in my life in the past twelve years," Moncrief said during his address. "It has been an honor and a privilege for Rosie and me."

Moncrief thanked his constituents, fellow colleagues in the Texas Legislature, and his staff as well as the employees of all state agencies, and most of all, First Lady Rosie Moncrief.

Former Texas Senator and current Chancellor of Texas Tech, the Honorable John Montford presided in the Senate Chamber as master of ceremonies. Fellow senator Rodney Ellis and longtime friend Paul Hobby spoke in praise of Moncrief.

"His leadership style has never been a Machiavellian power game, it is a public form of honor that is all too rare," stated Hobby.

The oath of office was administered by Judge Tom Vandergriff, standing in for Judge Scott Moore, who fell ill and was not able to attend. Judge Vandergriff is currently serving his third term as Tarrant County Judge and has previously served as Mayor of Arlington and U.S. Congressman.

"One hundred and sixty-six years ago, William Barret Travis drew a line in the sand at the Alamo and challenged Texans to fight for what they believe in," said Moncrief. "Today, I believe we must draw a new line in the sand in Texas, a line to fight against the cancers of our society: crime, poverty, illness, and bigotry."

In the past, Senator Moncrief has helped pass vital legislation in the areas of nursing home reform, under age tobacco use, anti-stalking laws, crime victims' compensation, domestic violence laws, prison health care, and mental health and mental retardation services.

In addition to Moncrief's family and Senate colleagues, dignitaries attending included former Secretary of the Senate Betty King, sportscaster Verne Lundquist, U.S. Congressman Jim Turner, and Fort Worth fire fighters who worked in New York following the Sept. 11 attacks.

Following the swearing-in ceremony, Moncrief welcomed his guests in the Governor's Reception Room at the Capitol. Festivities continued on the Capitol grounds with a barbecue luncheon and live music.

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APRIL 28, 2002
Sun  9:20:12 P.M. CST

Committee Continues to Review Excellence Funding

Note:  The following summary was prepared by the Texas Senate.

The Joint Interim Committee on Higher Education Excellence Funding met today, April 25, 2002, at the state Capitol, to continue the debate about funding with state universities' representatives.

The committee was created by House Bill 1839, and is in charge of reviewing the current higher education funding formulas. The committee also examines Texas Higher Education Coordinating Board's procedures and recommendations regarding these formulas.

Today the members received testimony from presidents and chancellors of the following universities: Texas Woman's University; Texas Southern University; Stephen F. Austin University; Midwestern State University; universities of the Texas A&M University System in Tarleton, Corpus Christi, Kingsville, Galveston and Prairie View; and the universities of the Texas State University System: Sam Houston and Southwest Texas.

The witnesses described to the committee the use of the excellence funding their institutions received from the 77th Legislature. The funding was used for the addition of master and doctoral programs, research efforts, and hiring of more professors and scholars. Schools also used the extra monies in efforts to increase academic and enrollment standards. All of them agreed on the importance of filling the educational gap as a needed investment for the state to be successful.

As is usual in these debates, the legislators voiced their wish to see more progress with the funds they allocate, and universities officials asked for an increase in the funds. The current funding formulas were set until 2005. After that, the Legislature will have to decide if the state maintains the existing ones or changes them.
The Texas Excellence Fund gives 80 percent of the funds to the three university systems dedicated to research in the state, and 20 percent to the remaining 18 universities. The witnesses voiced different opinions about whether they prefer this dual system, or want to combine them into one pool before distributing the funds.

Senator Ogden and Representative Junell expressed concern about the latest practice of some universities that hire lobbyists to influence legislators about funding. One of the witnesses responded that if universities' officials have to walk the halls asking for money, they couldn't be doing the job the legislators tell them to do, which is to manage the schools.

The joint committee is co-chaired by Senator Steve Ogden and Representative Robert Junell. Its Senate members are Senators Gonzalo Barrientos, Chris Harris, John Whitmire and Ken Armbrister. The members from the House are Representatives Helen Giddings, Jim McReynolds, Senfronia Thompson and Irma Rangel.

The committee recessed subject to the call of the chair.

You can access the archived video webcast from the web page of the The Joint Interim Committee on Higher Education Excellence Funding.

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APRIL 28, 2002
Sun  9:15:21 P.M. CST

What Will You Find at TxDemocrats.com?

To find out, click here.

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APRIL 8, 2002
Mon  8:15:12 P.M. CST

Who is Making the Nasty Calls?

Democratic Senatorial Candidate Victor Morales denies it.  Former Dallas Mayor and Democratic Senatorial Candidate Ron Kirk is suspicious. And the Texas Democratic Party is pointing fingers at Texas Republicans for engaging in "dirty tricks" the day before Texas Democrats decide who will be their nominee for the U.S. Senate seat that will be vacated by current U.S. Senator Phil Gramm.  

Earlier today, voters throughout Texas received the following anonymous call:

"Have you ever wondered why the political party bosses are so afraid of Victor Morales?  Their man Ron Kirk is a professional, paid lobbyist for corporate special interests.  Ron Kirk even lobbied for Phillip Morris and the Big Tobacco interests.

Victor Morales is a schoolteacher, who has fought against the special interests and Big Tobacco.  The Austin bosses know Victor Morales won't tow their line.

Hey, maybe that's why they're so afraid of Victor Morales.  Call Victor Morales and tell him to keep fighting for the little guy and against the lobbyists and special interests."

Suzanne Moreno of the Victor Morales Campaign denied that Morales paid or approved of the calls.  Molly Beth Malcolm, Chairwoman of the Texas Democratic Party, later issued a statement regarding the anonymous voter suppression calls:  "She (Suzanne Moreno) assured me that the campaign had nothing to do with the calls in question.  That reinforces the contention that this is a Republican dirty trick."

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APRIL 8, 2002
Mon  7:55:12 P.M. CST

Tony Sanchez Endorses Ron Kirk for U.S. Senate

Democratic Gubernatorial nominee Tony Sanchez endorsed Democratic Senatorial Candidate Ron Kirk earlier today over rival Victor Morales.  South Texas voters received a "personal request" from Sanchez asking them to help make history and a difference by voting for Ron Kirk.  Kirk is part of the "Dream Team" equation (Tony Sanchez, John Sharp, and Ron Kirk) that is intended to help Democrats win statewide office.

Morales issued a statement regarding the endorsement:

"I am disappointed that the Democratic gubernatorial nominee is practicing hypocrisy by endorsing a professional politician in the U.S. Senate race over an educator.  However, I respect his right to vote and to support the candidate of his choice.  The voters of Texas and in particular, the Hispanic community will see through the back room deals ( and patrol style politics) that continue to plaque the democratic establishment.  Education is my passion.  I intend to work and ask for every single vote to ensure that we are all represented in the United States Senate."

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APRIL 8, 2002
Mon  7:35:27 P.M. CST

Susan Combs and John Cornyn: Mexico Owes U.S. "Mucha Aqua"

Texas Agriculture Commissioner Susan Combs and Attorney General John Cornyn today refuted assertions that the U.S. should give up its claims to water owed by Mexico.  Instead, they called on Mexico to repay a water debt of nearly 1.5 million-acre feet as obligated by the 1944 Mexico-U.S. Treaty governing the use of water on the Lower Rio Grande.

"Water is vital to the South Texas economy.  The Texas-Mexico relationship is based on trust and a fundamental part of that trust is adhering to treaty obligations requiring Mexico to pay a large water to Texas.  To suggest otherwise is just plain wrong," said Cornyn.

Democratic Senate candidate Ron Kirk has suggested forgetting about the water debt.  In a recent debate, he said, "The water is not there.  This is an area where we're going to have to use education and diplomacy to try to fashion a near-term solution until we have adequate rainfall to bring back the water reserves on both sides of the border."

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APRIL 8, 2002
Mon  7:25:27 P.M. CST

"Frivolous Lawsuits" Already Sanctionable in Texas

Today's  "walkout" by doctors in the Lower Rio Grande Valley to bring attention to rising medical malpractice costs and lawsuit abuse is not a new issue for the Texas Legislature. Contrary to various media accounts, lawsuit abuse or the filing of frivolous lawsuits is currently sanctionable in Texas.  In 1995, then Governor George W. Bush signed a bill passed by the Texas Legislature that prohibited the filing of frivolous lawsuits and allowed private parties to recover attorney's fees. Whether the bill has been effective is  questionable.  However, given the current political climate, it is likely that the law will be amended during the next legislative session.

To view the law, click here.

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APRIL 4, 2002
Thurs  10:03:24 P.M. CST

Perry: Stop Lawsuit Abuse in Texas!

Texas Gov. Rick Perry today laid out a series of corrective measures to fix the medical lawsuit abuse crisis that is hurting doctors and hampering Texans' access to quality, affordable health care.

"Because of skyrocketing malpractice insurance premiums, many Texas doctors are being forced to curtail - and sometimes abandon - their practices," Perry said. "That means many high-risk patients - including children, the elderly, and those with cancer and heart disease - are losing access to needed health care."

Perry attributed the malpractice insurance crisis to growing numbers of frivolous and abusive lawsuits, and escalating damage awards, settlements and legal expenses - all of which drain health care providers' financial resources and time from treating patients.

Doctors and other health care providers from across the state have recounted troubling stories of malpractice insurance rates soaring as much as 400 percent in one year, and of insurance carriers refusing to renew policies for some doctors - even those who have never had a malpractice claim filed against them.
Perry also said the health care profession must do its share in policing the profession and responding to medical errors that harm patients. The vast majority of Texas doctors are committed professionals who daily improve the lives of their patients, Perry said.

"As Governor, I am firmly committed to doing whatever it takes to end this crisis - including reining in abusive lawsuits, improving patient protections and reforming insurance regulations," Perry added.

Among the corrective measures Perry called for are:

Enact meaningful lawsuit reform for the health care profession that caps non-economic losses to plaintiffs at $250,000 and limits personal injury trial lawyers' fees to a prescribed schedule based on the size of the award. More than 20 other states have capped non-economic damages, resulting in significantly lower liability insurance rates. California, for example, limits non-economic damages to $250,000 and has the third lowest medical liability rates in the nation.
Create special courts or designate special judges to hear medical malpractice claims. These judges would have expertise in malpractice issues and would be better able to weed out frivolous lawsuits and to sanction lawyers and award litigation costs in meritless cases.
Improve the Board of Medical Examiners' ability to police the medical profession and safeguard patient care through enforcement of licensing laws and consistent disciplinary enforcement actions.
In concert with doctors and hospitals around the state, develop clear procedures for reducing medical errors, and for clear and swift disciplinary actions against the relatively few bad doctors whose actions endanger patients and damage the reputations of all health care providers.
Extend tort immunity to health care providers who treat low-income patients under contract with the state.
Provide a form of temporary, emergency malpractice insurance coverage for doctors who have been denied coverage solely for economic reasons.
Expand the Texas Department of Insurance's ability to review insurance rates to ensure they are commensurate with losses. Unjustified rate increases would be subject to reduction.

Perry said that over the past several months, he has met with doctors all across the state to discuss issues important to physicians and health care providers. Of all the topics discussed - prompt pay, medical liability, workers' compensation, managed care, taxes, physician joint negotiations - none is more crucial to ensuring Texans have access to quality, affordable health care than the issue of medical liability insurance, he said.

Perry said the medical lawsuit abuse crisis threatens to undermine the great strides Texas has made in improving health care in recent years. Since 1998, he noted, Texas has increased health and human services funding by more than $6 billion, making health care more accessible - especially for children, low-income and elderly Texans. Texas also has improved the Medicaid program by passing measures to prevent fraud, cut red tape, and improve community and nursing home care.
The Children's Health Insurance Program has been more successful than anyone imagined, helping more than 500,000 children get high quality, affordable health insurance. Texas also protected the privacy of medical records, authorized an innovative telemedicine pilot program using technology to get medical help to Texans living in border communities, and improved the way Texas purchases prescription drugs to increase efficiency and save taxpayers money.

To help hospitals and doctors get paid for the care they provide, the legislature in 1999 passed a law requiring insurance companies and HMOs to pay promptly, and the state has levied more than $40 million in fines and restitution orders to slow-paying insurers and HMOs.
Despite these successes, though, there is still work to be done, Perry added.

Although most of the corrective measures require legislative approval next session, Perry said there are some steps that could be taken immediately to help doctors and their patients.

He said he will request the Texas Supreme Court to act on complaints that some personal injury trial lawyers have abused court procedures and used pre-suit depositions to "set up" defendants, obtaining evidence against defendant health care providers without giving them the opportunity to be present and defend themselves.

The Governor said he is also asking the State Bar of Texas to amend its disciplinary rules of professional conduct to crack down on predatory lawyers who seek out and represent frivolous cases.

Perry said the judicial branch of government should have the first opportunity to address these problems, but if they persist, "They are a proper subject of legislation next session."

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APRIL 4, 2002
Thurs  10:07:12 P.M. CST

Details of Lieutenant Governor Bill Ratliff's School Finance Proposal

Lieutenant Governor Bill Ratliff proposed the following yesterday to help improve funding for public education in Texas:

He proposed a voter-approved constitutional amendment to:

Abolish the current local school district authority to levy a property tax for the maintenance and operation of public schools leaving the current authority for debt service in place.
Authorize the Legislature to levy a statewide property tax for the sole purpose of funding public schools in Texas.
Grant the Legislature the statutory authority to allow school districts to levy a local property tax for educational enrichment, not to exceed $0.10 per $100 valuation.

His proposal would also enact new school funding methodology by statute with the following features:

Statewide Property Tax: Levy a statewide property tax of $1.40 per $100 valuation to combine with the general revenue appropriation to form the foundation school program funding.

Tier One--Basic Allotment: Distribute the equivalent of $30 per penny of the $1.40 levied per weighted student to school districts to cover their base maintenance and operations budgets. When transportation and other adjustments are made, this would allow the distribution of about $4,275 per weighted ADA ($6,085 per student) which is, on average, about $115 more per weighted ADA for maintenance and operations than is currently available to poorer school districts.
Tier Two--Local Enrichment: Allow school districts through a local option election to levy a local enrichment property tax up to $0.10 per $100 valuation. School districts with tax bases less than $300,000 per weighted ADA will receive a state guaranteed yield of $30 per weighted ADA per penny of tax rate.
Tier Three--Debt Service Allotment: The state will guarantee a yield of $35 per penny of tax rate per ADA for all debt service on educational facilities, up to 30 cents.
Teacher Health Plan: The Legislature should consider levying an additional statewide property tax on top of the $1.40 in Tier One to fully fund a state paid teachers' health insurance plan equivalent to the plan available to state employees.


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 MARCH 2002
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MARCH 28, 2002
Thurs  10:20:14 P.M. CST

Perry Announces Substance Abuse Prevention Grant

Governor Rick Perry today announced that Texas will receive $12 million over three years to develop and implement a comprehensive statewide substance abuse prevention strategy. The Texas State Incentive Program Grant, awarded by the federal Substance Abuse and Mental Health Services Administration, is designed to help the state measure progress in reducing substance abuse among youth.

"Working to prevent alcohol and drug abuse among our children is a responsibility we all share," Perry said. "These funds will assist in our continuing prevention efforts and will ultimately pay dividends for Texas in reduced criminal justice and health care costs."

Perry designated the Texas Commission on Alcohol and Drug Abuse (TCADA) as the lead agency for the Drug Demand Reduction Advisory Committee. The committee is made up of representatives of 15 state agencies and will be charged with implementing a comprehensive strategy to reduce drug demand.

"This grant provides vital assistance to the committee's efforts to utilize research-based prevention approaches, measure their effectiveness, and coordinate the efforts of multiple private and public sector activities," noted TCADA executive director Dave Wanser.

The grant will fund specialized training and technical assistance to communities to help establish and sustain prevention system changes. TCADA will use its existing statewide funding allocation formula and a competitive procurement process to distribute grant funds to eligible organizations in each of the state's 11 health and human service regions. Eligibility will be limited to community entities that have been in existence and operating on a functional level for a designated period prior to submitting proposals.

At the end of the grant's first year, TCADA will deliver a report to the Governor, Lt. Governor, and Speaker of the House regarding progress made in coordinating prevention efforts, status and funding for prevention programs, and recommendations for the 78th Legislature to address drug demand reduction.

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MARCH 28, 2002
Thurs  10:15:10 P.M. CST

Lawmakers Discuss Higher Education Funding

Note: The following summary is provided courtesy of the Texas Senate.

The Joint Interim Committee on Higher Education Excellence Funding met on March 27, 2002, at the state capitol, to review current higher education funding formulas and the Texas Higher Education Coordinating Board's procedures and recommendations regarding current formulas.

The committee is co-chaired by Senator Steve Ogden and Representative Robert Junell. Senate members of the committee include Senator Gonzalo Barrientos, Senator Chris Harris, Senator John Whitmire, and Senator Ken Armbrister. Texas House of Representatives members include Representative Helen Giddings, Representative Jim McReynolds, Representative Senfronia Thompson, and Representative Irma Rangel.

Several members of the committee stated that they felt that more funds may not necessarily be the answer to current funding challenges. The answer may lie in restructuring the application of funds, possibly with a new formula. Senator Robert Duncan, a non-member, was also present and pointed out that there simply can't be one formula to fit all universities needs.

The Legislative Budget Board's Higher Education Team Manager Pat Francis laid out the formula for funding institutional enhancement, along with non-formula biennial appropriations for higher education excellence.

Representative Junell had challenged school administrators to bring suggestions and they responded. University of Houston Chancellor Arthur Smith reported that university funds were being spent wisely, and stated that further funding will help University of Houston to achieve their goals, and fulfill needs for continuing to be the most diverse university in the country. Smith suggested that moving more Texas universities including University of Houston toward the Tier 1 level is a true path to excellence.

David Smith, Interim Chancellor at Texas Tech University, also testified, thanking the committee for past excellence funding support. He and David Schmidley, president of Texas Tech University, sought funding to expand Texas Tech's research prowess in health and science.

The University of North Texas was represented by Chancellor Alfred Hurley, who stated his hopes for continued funding. Chancellor Hurley said his goals were to create a solid engineering department, have the university reach Tier 1 status, and, like the University of Houston and Texas Tech, improve the university's research programs.

Dan Burck, Chancellor at the University of Texas, testified that while he supported funding of universities such as Texas Tech and North Texas, the committee should not neglect the flagship universities University of Texas at Austin and Texas A&M. He, along with representatives from UT satellite campuses, made comparisons to the University of California system of statewide campuses. He stated that the University of Texas at Austin and its satellite campuses were receiving lower federal funds. Therefore, the University of Texas system is seeking excellence funding as well.

Chairmen Ogden, who represents the district in which Texas A&M is located, and Senador Armbrister, representing the district in which Southwest Texas State University is located, both appeared to show their personal interest in fairness throughout higher education excellence funding.

The committee recessed subject to the call of the chair.

You can access the archived webcasts from the web page of the Joint Interim Committee on Higher Education Excellence Funding.

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MARCH 14, 2002
Thurs  8:25:41 P.M. CST

Perry Unveils Education Plan

Note:  To view the full text of Governor Rick Perry's remarks, go to the Capitol Spotlight.

Stressing Texas' education system as the key to future prosperity and quality of life, Governor Rick Perry today unveiled his plan to further strengthen educational opportunities for our children.

"In Texas, we have come a long way in building better schools in a relatively short period of time," Perry said. " We must continue on the same path and build upon that remarkable progress. Educating every child means advancing every dream."

Perry outlined a five-point plan that calls for additional early education preparation for pre-school children, dropout prevention initiatives, increased emphasis on science and technology curriculum, professional development and peer mentoring for educators, and greater use of technology in instruction and assessment.

"I believe in the simple premise that every child, regardless of financial means, where they live or the sound of their last name, is entitled to the best education possible," Perry said. "Education gives power to the life and hopes of every child. Education means empowerment; it means opportunity; it means a brighter future."

Perry said Texas must do a better job of preparing young Texans for school before they ever set foot in a classroom through an "Early Start" initiative.
His plan would expand pre-school learning by providing Head Start, public and private daycare facilities, faith-based groups and pre-kindergarten classes throughout the state with curriculum materials that will help prepare children for school. The "Early Start" initiative would assist those programs by aligning their efforts with the state's existing pre-kindergarten standards.

"Just as every child learns to crawl before they walk, they learn to speak before they learn to read," Perry said. "There is substantial research and science on early childhood vocabulary development, phonics skills and language acquisition skills that our pre-K programs must utilize."

Noting that half of the state's welfare recipients have less than 12 years of education, Perry also promoted a statewide dropout prevention plan aimed at ensuring more Texas students receive their high school diploma.

Dropout prevention programs, Perry said, should include flexible class schedules and course options for students who must work or care for a child, as well as increased commitment to summer school, after-school and mentoring programs for at-risk children. Perry also called for a greater emphasis on counselors and mentors in the state's schools with the highest dropout rates.

"My dropout prevention plan will emphasize proven strategies to help schools with high dropout rates," Perry said. "High school graduation is no longer a goal, it is a necessity.

A student who graduates from high schools will earn more, have greater opportunities, and will lead a better life, especially if they go on to college.
Perry stressed that Texas needs to do more to ensure teachers and administrators have the training and support they need to fully utilize new technological tools in the classroom.

Perry said the effective use of technology with on-line diagnostics would help teachers identify learning gaps before students get behind and discouraged. He also urged further exploration of virtual charter schools and electronic textbooks.

"And I want to take that one step forward," he added. "My vision is to one day eliminate paper versions of the Texas Assessment of Knowledge and Skills (TAKS) test, and use interactive Internet technology to test students on-line."

Additional training for superintendents and principals is also included in the Perry plan, so that all school district individuals can understand the technology needs of classroom teachers.

Perry said that a key part of his education plan involves improving the classroom environment and professional prestige for teachers. The governor stressed the need for incentives for teaching excellence, continuing education, and mentoring programs to provide both new and long-time teachers with the tools they need to achieve greater job satisfaction in the classroom.

Perry called for state reimbursement for teachers who buy school supplies for students and lawsuit reform to empower educators to properly handle disruptive students with out the pervasive fear of lawsuits.

On Wednesday, Perry announced his plan for a Master Science Teacher Program, patterned after the successful Master Reading Teacher and Master Math Teacher programs. The Master Science Teacher program would help teachers expand their knowledge of the core subject areas of science. Teachers would also have the opportunity to learn about advances in the ever-changing field of scientific discovery. Teachers receiving additional certification in science, who agree to teach science and act as mentors to other teachers, would be eligible for a $5,000 annual stipend.

Perry also said it is important for Texas to build on the educational successes achieved through the strong accountability and assessment programs implemented during the past six years.

Since 1995, the number of recognized and exemplary schools has tripled, while the number of low-performing schools has declined by 60 percent.
Texas minority students continue to excel among our nation's children. Hispanic fourth-grade students are first in the nation in math, second in writing, and ninth in reading, while African-American fourth grade students are first in the nation in math and writing, and tenth in reading. Anglo fourth grade students are first in math, and second in reading and writing.

"As we look to the future, we should not retreat from proven reforms based on high standards and accountability," said Perry. "Instead, we should build on that progress in five important areas where we must make improvement."

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MARCH 14, 2002
Thurs  8:17:03 P.M. CST

Governor Appoints Eight Individuals to Texas Strategic Military Planning Commission

Texas Governor Rick Perry today announced the appointment of eight individuals to the Texas Strategic Military Planning Commission. The commission advises the Governor on the effect of the military on Texas' economy, particularly the impact of federally proposed base closures.

William "Bill" Ehrie of Abilene will serve as chair of the commission. He is president of Abilene Industrial Foundation, Inc. Ehrie is a member of the Texas Economic Development Council and the International Economic Development Council. He is also a member of the Texas Association of Business and Chamber of Commerce and Rotary International. He serves on the advisory board of Texas State Technical College and serves as chairman of the Texas Defense Aviation and Aerospace Alliance. Ehrie received a bachelor's degree from Manhattan College and a master's degree from the University of Southern California. His term will expire February 1, 2005.

Jose Aliseda of Beeville is the Bee County judge and an attorney at law in solo practice. He is a member of the Texas State Bar, American Bar Association, United States District Court for the Southern District of Texas and the Bee County Bar Association. Aliseda is also a member of the Bee County Chamber of Commerce, Coastal Bend Council of Governments, Bee Development Authority and the Bee County Library Board. He received a bachelor's degree from the University of Texas at Austin and a law degree from the University of Texas School of Law. His term will expire February 1, 2003.

Ralph Gauer of Harker Heights is the district director and legislative aide for State Senator Troy Fraser. A retired career Army Officer and owner of an independent television news production service, Gauer currently serves as a member of the Fort Hood Retiree Council and is incoming president of the Central Texas - Fort Hood Chapter, Association of the United States Army. He previously served 10 years on the association's National Advisory Board and as a board member of both the Central Texas Armed Services YMCA and the Central Texas Goodwill Industries. Gauer received a bachelor's degree from Loyola University in Chicago and a master's degree from the University of Maryland at College Park. His term will expire February 1, 2003.

Josue Robles of San Antonio is a retired major general, U.S. Army, and senior vice president, chief financial officer and corporate treasurer of United Services Automobile Association (USAA). He is the former director of Army budget at the Pentagon and former commanding general of the 1st Infantry Division and Fort Riley. He is a member of the American Society of Military Comptrollers and the Business Executives for National Security. Robles serves on the board of directors of the Northeast Educational Foundation and the Santa Rosa Children's Hospital Foundation. He received a bachelor's degree from Kent State University and a master's degree from Indiana State University. His term will expire February 1, 2004.

Dora Alcalá is the Mayor of Del Rio. She serves on the Ports to Plain, Tex 21 and the Texas Border Infrastructure Coalition. Alcalá is the former director of civilian equal opportunity training for the Department of Defense and the Equal Opportunity Management Institute at Patrick Air Force Base in Florida. She is a former presidential appointee to the Office of the Assistant Secretary of the Air Force at the Pentagon, where she served as deputy for equal opportunity. Alcalá received a bachelor's degree from Sul Ross State University in Alpine and a master's degree from Webster University in St. Louis. Her term will expire February 1, 2004.

Johnny Fender of San Angelo is a retired colonel, U.S. Air Force, and former base commander of Goodfellow Air Force Base. He is currently a finance instructor at Angelo State University and formerly served as mayor of San Angelo. Fender is a member of the Rotary Club and the Air Force Association and serves on the board of 1st Community Federal Credit Union. He received a bachelor's degree from Virginia Tech University, a master's degree in political science from Auburn University and a master's of business management from Angelo State University. His term will expire February 1, 2004.

James Maloney of El Paso is a retired major general, U.S. Army and a rancher. He commanded Fort Bliss from 1982 to 1985. Maloney also is a former manager of Raytheon Company’s El Paso Operation and former vice president of the El Paso Electric Co. He is a member of the Rotary Club of El Paso, where he formerly served as director, secretary and president. Maloney is also a member of the Association of the U.S. Army, where he formerly served as president; the Air Defense Artillery Association; the University of Texas at El Paso College of Science Advisory Board and Alumni Academy of Civil Engineers. He received a bachelor's degree from the University of Texas at El Paso and a master's degree from Shippensburg State College in Pennsylvania. His term will expire February 1, 2005.

Ronald Henson of Texarkana is a self-employed registered investment representative and financial advisor with Transamerica. He is also licensed as a certified public accountant, a securities representative, and a life, health, property and casualty insurance representative. He is a member of Leadership Texarkana and received his bachelor's and master's degrees from the University of North Texas, formerly known as North Texas State University. His term will expire February 1, 2005.

Corpus Christi Mayor Loyd Neal Jr., who was appointed to the Commission in 1997 by then Gov. George W. Bush, was held over on the Commission.

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MARCH 14, 2002
Thurs  8:05:17 P.M. CST

Texas Attorney General Praises Hispanic Journalists

Texas Attorney General John Cornyn congratulated more than 200 Hispanic print journalists for their efforts in serving over 10 million Spanish-speakers nationwide. Attorney General Cornyn delivered the keynote address today during the 17th Annual Conference of the National Association of Hispanic Publications (NAHP) in Dallas.

"My commitment as the Attorney General of Texas has been to make government the most inclusive it has ever been for all of the people of Texas," said the Attorney General. "My mission has been a simple one: To see that all Texans receive equal justice under the law, without exception."

The Attorney General acknowledged that Hispanic media have brought to light many injustices that were previously unknown to government officials. He mentioned the problems of the half million colonia residents who for years were deceived by unscrupulous developers into buying substandard housing along the Texas-Mexico border. "The colonias make a compelling case for ensuring that every person has a voice in society, regardless of the language in which that voice is heard," said Attorney General Cornyn.

Attorney General Cornyn told conference participants that communications from Hispanic media have alerted his office about significant new cases of fraud that targets Spanish-speaking consumers.
One of the largest cases handled by Attorney General Cornyn involves a widespread door-to-door sales scheme by Houston-based Hispanic Air Conditioning and Heating, Inc. The now defunct company violated several state laws when selling thousands of central air conditioning units exclusively to Spanish-speaking households throughout the Southwest.

Attorney General Cornyn sued Hispanic Air Conditioning and Heating in 1999. Among the allegations cited were the company's failure to properly install the units, leading to a high failure rate, and the misrepresentations the company made regarding the units' warranties. Furthermore, while many sales were verbally negotiated in Spanish, consumers were given contracts written only in English, a violation of the Texas Home Solicitation Act.

In 2001, Attorney General Cornyn sued two other businesses engaged in deceptive door-to-door sales directed at Hispanic consumers. Perfect Water Solutions, Inc. of McAllen and LJC Water Treatment, Inc. of El Paso were sued in separate legal actions for selling expensive water filtration units through a team of traveling salespersons. These two companies failed to properly disclose to consumers of their right to cancel their contracts and did not provide the agreements in the language in which the sales were verbally negotiated.

In another important case, Hispanic media directly alerted the Office of the Attorney General of numerous reports nationwide of Hispanic-surnamed consumers receiving fraudulent collect calls from Mexico. Perpetrators of the scam used different tactics to convince consumers to accept charges, such as by posing as long-lost relatives. Once accepted, consumers were charged a minimum of $50 per call. Following an investigation, Attorney General Cornyn sued Austin-based Southwest Intelecom, Inc. in June 2001, accusing it of paying agents in Mexico to place the bogus calls.

Attorney General Cornyn also assured conference participants that he is working with diplomatic officials in Texas and the federal government to crack down on fraudulent immigration consultants. Hispanic media often report about consumers who pay thousands of dollars to unlicenced persons who pose as immigration attorneys. The perpetrators generally provide consumers with defective or unnecessary legal services related to immigration benefits. Since assuming office, Attorney General Cornyn has taken legal action against two such fraudulent operations.

To ensure that problems that need government service are not left unattended, Attorney General Cornyn established his Spanish Communications Group, one of the first government efforts of its kind. Attorney General Cornyn's office interacts with the Spanish-speaking public on a daily basis to ensure access to the agency's services, including consumer protection, child support, and compensation for crime victims.

Material developed as a part of this outreach effort is reflected in the Attorney General's Web site (www.oag.state.tx.us), among the largest online sources of information in Spanish developed by a government agency in the U.S.

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MARCH 7, 2002
Thurs  7:03:12 P.M. CST

Perry Chooses Hispanic to Lead Texas Education Agency

Note:  A breaking news e-mail was exclusively sent to subscribers of  The Lege earlier today at 2:39 p.m.

Sources of The Lege have confirmed that Texas Governor Rick Perry will nominate Felipe Alanis to lead the Texas Education Agency. The story was first reported in today's edition of the Fort Worth Star Telegram.   Alanis, a native of the Lower Rio Grande Valley, is the current Assistant Vice-Chancellor for Academic Affairs at the University of Texas System.  Alanis had previously served as a deputy director with the Texas Education Agency.

An official announcement will be made once Alanis receives approval from his hometown senator,  Senator Gonzalo Barrientos (D-Austin).  Legislative tradition requires that a nominee receive approval from his/her hometown senator before a nomination  is made.  Nominees who do not receive the endorsement of their hometown senator will likely lose a confirmation hearing. Barrientos, a member of the Senate Nominations Committee, has endorsed Tony Sanchez for Texas Governor.  Neither Barrientos or Sanchez support school vouchers.

Yesterday afternoon, Tony Sanchez issued a press release listing the qualities a candidate for the commissioner's position should possess:

An innovator, thinker and a leader, someone not afraid to take risks and to challenge the established way of doing things;

Proven management skills necessary to lead an agency responsible for administering more than
      $25 billion local, state and federal dollars this year;

A strong advocate for both equity and adequacy in our public schools;

An educator with a record of proven success dealing with the diverse educational needs of the state's growing student population.

Dan Morales has not issued a statement regarding the appointment of an education commissioner.

Alanis' bio does not reveal his stance on key education issues such as school vouchers, accountability testing, and school finance.  Even though there is no official litmus test, his position on critical educational issues could help or hurt his nomination.

The UT System website lists Alanis' biography as the following:

 Felipe T. Alanis was born in San Juan, Texas, on October 6, 1948. After graduation from Pharr-San Juan-Alamo High School, Pharr, Texas, in 1966, he entered Pan American University in Edinburg, Texas. He received a Bachelor of Science degree with a major in Political Science/Government/History in 1970.

While working as a teacher at Pharr-San Juan-Alamo High School, he continued his studies at Pan American University, and in 1973 he received a Masters in Mid-Management with a major in Supervision/Educational Administration.

In 1987 he was selected to participate in the Cooperative Superintendency Program, a doctoral program jointly sponsored by The University of Texas at Austin and the Texas Education Agency. During the two years of the program, he held the position of program consultant for the Texas Association of School Boards. Following completion of the program, he was employed as Executive Director for Secondary Education by Ector County Independent School District.

Dr. Alanis has served as Deputy Superintendent, Ector County Independent School District, and Superintendent, San Benito Consolidated Independent School District. In 1995 Dr. Alanis was appointed Deputy Commissioner for Programs and Instruction at the Texas Education Agency. As Deputy Commissioner, Dr. Alanis was responsible for the areas of Curriculum, Assessment, and Technology; Continuing Education and School Improvement; and Special Populations. In October 1999, Dr. Alanis was appointed as Assistant Vice Chancellor for Academic Affairs at The University of Texas System. As Assistant Vice Chancellor, he is in charge of an expanded initiative to coordinate and strengthen the roles of the U.T. System in the preparation of teachers and in other activities that support public education.

If nominated, Alanis will not have a confirmation hearing until the Texas Legislature convenes again in January 2003.

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MARCH 4, 2002
Mon 9:22:41 P.M. CST

Sanchez Flexes Financial Muscle

Democratic gubernatorial candidates Tony Sanchez and Dan Morales released their most recent campaign contributions and expenditure reports earlier today.

Last month, Tony Sanchez spent $8,831,163.06!  His total contributions for the reporting period were $1,501,561.48, including $1.17 million that Sanchez contributed to his campaign. Sanchez borrowed $6.5 million between February 1, 2002 and March 2, 2002.  The total amount of his outstanding loans to date is $13,261,662.81.  Even though the cover sheet of his ethics commission filing indicates that the total amount of his outstanding loans is just over  $3 million, a press release from his campaign clarified that the amount is indeed over $13 million.

Dan Morales raised $110,640.93 between February 1, 2002 and March 2, 2002.  He spent $443,227.09 and borrowed $15,000 from his parents.  

Morales will be holding a press conference tomorrow at The Driskill Hotel, Crystal Room, 1st Floor, 604 Brazos St., Austin, Texas at 9 a.m. Even though the press release does not indicate the purpose of the conference, it is likely that Morales will address Sanchez's political contributions and expenditures.  

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MARCH 3, 2002
Sun 7:10:34 P.M. CST

Y El Ganador Es?:  An Analysis of the Texas Gubernatorial Debates

The people of Texas were the clear victors of the English and Spanish gubernatorial debates that were coincidentally held the day before Texas declared its independence from Mexico on March 2, 1836.  After various futile "debates about debates," Dan Morales and Tony Sanchez gave Texans a bilingual lesson on why they wish to call the Texas Governor's Mansion their home.  Though at times contentious, the debates were an opportunity for the candidates to gain an advantage in their quest for the Democratic nomination for Texas Governor.  On March 12 (or perhaps April 9 if there is a run-off), the candidates will realize the fruits of their tireless efforts to lead the second largest state in the Union.

Dan Morales, a former Texas Attorney General and the "slight underdog" according to the Dallas Morning News, was aggressively competitive from the very beginning.  He is a seasoned debater who is very comfortable in front of the camera.  During his opening statement, he tried to frame the debate by highlighting the negatives of his rival, Tony Sanchez.  Sanchez, on the other hand, focused on education as the key to a prosperous future during his opening statement.  However, as the English debate progressed, the panelists' questions were overshadowed by the "politics of personal destruction." Sanchez labeled Morales a "professional politician," a Hispanic who is ashamed of his heritage, and a candidate who could not assure Texans he would not be indicted for his work on the historic tobacco lawsuit.   Morales countered by highlighting Sanchez's business activities, implicitly labeling him as a Democrat of convenience, and a billionaire who wants to purchase the Texas Governor's office.    At times, the English debate was more like a scene from the award winning movie Traffic.  Allegations of money laundering, drug dealers carrying suitcases filled with money, and an executive who, Morales claimed, should have known of such illegal activities.  Sanchez vigorously denied that as the head of the failed Tesoro Savings & Loan he was aware that drug dealers were depositing money in his bank.  In fact, no charges were ever filed against Sanchez for his bank's alleged illegal activities.

Both candidates shared their legislative ideas regarding the budget, taxes, education, and border affairs.  However, as experienced Texas Capitol observers will note, the Texas Governor has little or no influence in determining the legislative agenda.   In fact, the Texas Legislature adheres to an age old saying:  "What the Texas Governor proposes, the Texas Legislature disposes."  The likelihood of any Democratic proposals passing both houses of the Texas Legislature is further complicated by the fact that the Texas Senate and Texas House of Representatives will be under Republican control in 2003 due to recent redistricting efforts.   Thus, there are no assurances that any of the desired changes will become law.

One of the most interesting moments in the English debate was when Sanchez questioned Morales' pride of his Hispanic heritage after issuing an opinion on Hopwood, a 5th Circuit Court of Appeals decision banning race as a consideration for diversity purposes in law school admissions.   Morales' opinion, which was written in response to a request by former Texas Lieutenant Governor William P. Hobby, extended the ruling to include any program that uses race as a factor for granting a benefit to members of certain racial groups.  The opinion, according to some observers, was legally, but not politically correct.  Morales' Hopwood opinion was eventually rescinded by his successor; however, the legal reasoning he employed still remains the law of the land in Texas.  Only the U.S. Supreme Court can resolve the issue of whether race can be considered in higher education.  A Texas Governor cannot overturn a ruling by the 5th Circuit Court of Appeals and require race to be considered a factor in university admissions.  Because the Hopwood case is closed, Texans may have to wait several years before the U.S. Supreme Court clarifies what role race plays in higher education.

Sanchez's questioning of Morales' loyalty to his Hispanic heritage raised several questions that all Texans should consider.  First, who is considered Hispanic?  There are many Texans who identify themselves as Chicano, Mexican-American, Tejano, Latino, Mexicano, a person of color, or simply multi-racial and view the term Hispanic as derogatory.  Second, what is Hispanic pride? Due to regional differences, Texans choose to celebrate their ethnic heritage in various ways.  Whether it is participating in Charro Days in the Lower Rio Grande Valley or in poetry discussions about Latin American authors in Austin, no one has concluded that there is one set standard for exhibiting Hispanic pride.   Third, if a particular individual has set a standard for Hispanic pride, who gave that individual the  "Hispanic People's Seal of Approval"?  In the past there have been attempts by certain individuals to designate themselves as the "voice" of Hispanics in Texas.  However, some of those individuals have either been indicted, convicted, or pardoned for youthful indiscretions.  For Texans to view Hispanics as a monolithic group is shortsighted.  There are regional, educational, economic, cultural, generational, and language differences among Hispanics in Texas that could ultimately affect their voting behavior.

Dan Morales is a man of surprises.  The day before the historic Spanish debate he held a press conference to inform the public that he was not going to elevate Spanish to the same level as English.  Instead he was going to engage in a Spanish debate in which he would provide English translations to avoid polarizing non-Spanish speaking Texans. This move was heavily criticized, but it reflected Morales' commitment to reach out to the Anglo and Hispanic voters who are not fluent in Spanish. In fact, Nestor Rodriguez, a sociologist and co-director of the Center for Immigration Research at the University of Houston, recently said, " If you are looking at Hispanic voters in Texas, the majority are going to be U.S. born, and they are going to be English dominant."

The Spanish debate was reminiscent of the Presidential 2000 debates in which former Vice-President Al Gore's advisers engaged in the "politics of low expectations."  For the last several weeks, attempts were made to portray Morales as a Hispanic candidate who could not tell the difference between a taco and a tamale.  However, during the debate Morales defied those expectations and was able to intelligently communicate in Spanish.  Sanchez was clearly comfortable speaking in Spanish, exhibiting a rhythm and tone that is commonly found in the border communities.   He is a much more fluent speaker than Morales and was able to convey his legislative ideas with ease.  What has yet to be determined is the impact the Spanish debate will have on the voting behavior of Hispanics.  Older generation Hispanics may vote differently than the twenty, thirty, and forty-something groups.    

With nine days remaining, anything can happen in the Democratic primary for Texas Governor.  However, as a result of the debates, Texans will now be more informed as they head to the polls to vote for the candidate of their choice on March 12.

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 FEBRUARY 2002
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FEBRUARY 25, 2002
Mon 8:21:34 P.M. CST

Spanglish or Castilian:  What Will Dan Morales and Tony Sanchez Use?

As Texans prepare to celebrate independence from Mexico on March 2, the top two Democratic gubernatorial candidates will be engaging in a historic Spanish debate the night before in Dallas, Texas. Both candidates have agreed to debate in Spanish; however, neither candidate has indicated what type of Spanish will be used and how it should be translated.   The general assumption may be that "proper Spanish" is spoken by all Mexican Americans;  however, the regional dialects that exist throughout Texas raise doubts about what is considered  "proper Spanish" by a particular voter.  

Spanglish is not the same as Castilian Spanish.  It is a hybrid of Spanish and English with a unique vocabulary that is influenced by geography and tradition.  Mexican Americans in the Lower Rio Grande Valley use terms and phrases that may not make sense in El Paso or in other parts in Texas.  Most importantly, the LSC (Limited Spanish Capability) label that has been recently used to describe Spanish speakers may not be applicable to Spanglish users because they honestly believe that their form of Spanish is proper and commonly accepted.

The challenge for Morales and Sanchez is to speak a type of Spanish that demonstrates their ability to relate to the common voter.  Whether they say, "Yo quiero su voto," or "Su voto is what matters," the impressions that they set on Friday night may determine who wins the Democractic nomination for Texas Governor.

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FEBRUARY 23, 2002
Sat 5:33:44 P.M. CST

Sanchez Criticized for Grammatical Errors

The Dallas Morning News, a sponsor of the English and Spanish debates that will be held on March 1, has criticized Tony Sanchez for sending a letter that reflects poorly on his English writing skills.  The Sanchez Campaign said that a committee was responsible for writing the letter to the Texas State Teachers Association.  

To read the story, click here.

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FEBRUARY 17, 2002
Sun 8:42:07 A.M. CST

Morales to Announce Education Policy Initiatives

Democratic gubernatorial candidate Dan Morales will launch his "Take It To The Streets" bus tour on February 18, 2002 to announce his education initiatives in San Antonio, Austin, Bryan and Madisonville.  Morales has scheduled a press conference in Austin, Texas at the Iron Works Barbecue Restaurant, 100 Red River, at 11:30 a.m.  A Dan Morales for Governor Rally will follow at 12:15 p.m. at the same location.  

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Morales and Sanchez say "Adios" to Debates

The anticipated debates between Dan Morales and Tony Sanchez will not happen.  After Univision withdrew its offer to host the first Spanish debate on Friday, negotiations between both camps fell apart.  Morales plans to appear at two debates scheduled in Laredo and Beaumont, but Sanchez said he will not appear.  

For a detailed analysis, click here.

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FEBRUARY 10, 2002
Sun 6:24:12 P.M. CST

Sanchez to Rally Supporters in Austin

Texas gubernatorial candidate Tony Sanchez will be holding a rally tomorrow February 11, 2002 at 12 noon in Woolridge Park located at 9th and Guadalupe.  The park is between the Travis County Courthouse and the Central Library.  In case of inclement weather, the event will be held at the AFL-CIO Hall at 1106 Lavaca.  Free BBQ and live music will be provided.  Special guests are Texas Senator Gonzalo Barrientos and Texas Music Legend Michael Ballew.

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Morales to Unveil Sanchez's Failed Business Record

Two hours before Tony Sanchez's scheduled rally in Austin (see above), Texas gubernatorial candidate and former Texas Attorney General Dan Morales will be unveiling Sanchez's failed business record relating to Tesoro Savings & Loan.  The press conference will be held at 10 a.m. in the Assembly Room (2nd Floor) of the Inter-Continental Stephen F. Austin Hotel located at 701 Congress Avenue in Austin, Texas.   Additional press conferences will be held at the Hilton Hobby, 8181 Airport Boulevard, at 1 p.m. in Houston and at the Holiday Inn Select, 3300 W. Mockingbird Lane, at 3:30 p.m. in Dallas.

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Barrientos to Formally Launch Campaign

Texas Senator Gonzalo Barrientos will formally launch his reelection campaign on Wednesday, February 13, 2002 at the Austin Music Hall.  The event is scheduled to last from 5:30 p.m. to 7:30 p.m.  There is no charge for admission.

Barrientos is being challenged by Republican Ben Bentzin.  Bentzin is a retired Dell executive.

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FEBRUARY 7, 2002
Thurs 9:10:27 P.M. CST

Gallegos Blames Morales for Brain Drain in Texas

Texas Senator Mario Gallegos (D-Galena Park), Chairman of the Senate Hispanic Caucus, today blamed Texas gubernatorial candidate Dan Morales for the dramatic drop in minority student enrollment at Texas' flagship universities.  Gallegos attributes the "brain drain" in Texas to an opinion former Texas Attorney General Dan Morales issued on the applicability of the Hopwood decision to university programs. Hopwood prohibits the consideration of race to justify racial diversity.  

"Dan Morales' actions in the Hopwood case were a slap in the face to Hispanics and African Americans across, and he needs to be held accountable," said Senator Gallegos.  "It has taken nearly 6 years for us to scrape and claw our way back to where we were before this terrible policy was put in place, but we are nowhere near where we need to be."

"I don't know or care if Dan Morales personally benefitted from affirmative action to get into Harvard," continued Gallegos.  "What I do care about--and what Texans care about--is that he slammed the door to opportunity in the face of thousands of bright, talented minority students."

"This issue is so important to the future of Texas that we need to continue to have this debate," said Gallegos.  "Dan Morales made his decision six years ago
and this is the first time he's faced the voters.  I believe he will be held accountable for the damage he has caused," concluded Gallegos.

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Texas Association of Business Chambers of Commerce Makes Endorsements

The Texas Association of Business & Chambers of Commerce (TABCC), a broad-based, bipartisan organization representing more than 140,000 small and large Texas employers and 200 local chambers of commerce, released its list of candidate endorsements.

To view the complete list of endorsements, go to the Capitol Spotlight.

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Morales Establishes Internet Presence

Texas gubernatorial candidate Dan Morales launched his website this week.

To view his site, go to www.danmorales.com.

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FEBRUARY 4, 2002
Mon 8:33:56 P.M. CST

Brimer Appoints Subcommittees

State Representative Kim Brimer (R-Arlington), Chairman of the House Committee on Business & Industry, appointed subcommittees to study the interim charges assigned by the Speaker of the House Pete Laney.

State Representative Dawna Dukes (D-Austin), Vice-Chair of the Committee, will chair the subcommittee on the subsequent injury fund.  The subcommittee will review the fiscal condition of the workers' compensation subsequent injury fund.

State Representative John Davis (R-Houston) will chair the subcommittee charged with reviewing the performance of the workers' compensation system in returning injured workers to safe and productive employment in a timely manner.

State Representative Gary Elkins (R-Houston) will chair the subcommittee on the business organizations code.  The subcommittee will review and evaluate the substantive recodifications the business organizations code that were considered during the 76th and 77th Legislatures.

State Representative Helen Giddings (D-Dallas) will chair the subcommittee on casket sales.  The subcommittee will assess the need for regulation or other consumer protections in the sale of caskets.

State Representative Burt Solomons (R-Carollton) will chair the subcommittee on binding arbitration.  The subcommittee will review trends in the use of binding arbitration requirements in consumer agreements.

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 JANUARY 2002
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JANUARY 30, 2002
Wed 9:45:03 P.M. CST

Sanchez Unveils Education Agenda

Democratic gubernatorial candidate Tony Sanchez unveiled his education agenda earlier today at a child care center in Lufkin, Texas.  The plan focuses on providing more funding for classroom instruction.

"Education is the key to a trained workforce and the fuel of a strong economy.  Get education right and everything else will follow, get it wrong and not much else will matter."

"As Governor, making sure our children are healthy and ready to learn in quality schools will be my top priority," said Sanchez.

"A thorough reform of our public school system will not happen over night, but it needs to start immediately and make measurable progress over time.  Instead of holding our kids to minimum standards, we want to insure Texas schools are focused on each student fulfilling his or her maximum potential.," concluded Sanchez.

The four principles that guide Sanchez's agenda are printed in their entirety as a courtesy to readers of The Lege:

Freeing Teachers to Teach:  Focus Resources on Instruction, Not Administration
Texas needs to concentrate school resources on instruction, instead of administration.  The first step is to use modern business tools and technology to automate administrative drudgery.  This will increase the number of teachers in the classrooms by freeing administrators to teach.  Texas only spends about half its education dollars in the classroom and only half of all school employees are teachers.  At the same time, we will involve each and every person on campus--from the Superintendent to the school bus drivers, the cafeteria workers and janitors in ensuring the success of our students.

Keeping Our Promises:  Lowering Class Sizes
We know that smaller classes improve performance.  Current law requires no more than 22 students per teacher for grades K-3.  However, each year waivers are granted, breaking the smaller class size promise--first made when education was reformed in 1984--and forcing thousands of Texas children into overcrowded classrooms.  Texas needs to reduce class sizes in the earliest grades immediately.

Making the Grade:  Demanding Real Accountability
Instead of relying on high-stakes standardized tests to measure a student's success, Texas should monitor student progress continually, recognizing that true accountability means far more than just standardized test results.  The true measure of how well our schools serve our students should not stop with test scores.  We should consider other criteria, including:  certification of teachers, the presence or absence of up-to-date books in the school library, computer-based learning tools, and whether the school facilities and environment support learning.  Far too many children are being saddled at a young age with the label "failure" which can have a devastating effect on a child's future.  Texas must come to the realization that if a child cannot read by the third grade, it is the system that has failed and not the child.

Investing in the Future:  Innovating Texas' Schools
While office workers and grocery store checkout clerks have been revolutionized over the past decade, too many school administrative practices remain mired in the past.  Texas has made great strides in providing computers and high-speed links to the Internet to virtually every school district, but little attention has been paid to automating administrative functions, the very area where technology has brought dramatic productivity gains to private business.

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JANUARY 28, 2002
Mon 9:28:12 P.M. CST

UT-Austin:  Ten Percent Law Achieves Pre-Hopwood Racial Diversity Levels

The University of Texas at Austin, Texas' flagship university, recently issued its fourth report on the progress of HB 588 ("Ten Percent" Plan) in diversifying its student body.  HB 588, commonly known as the "Ten Percent Plan", was authored by State Representative Irma Rangel, the first Mexican-American woman elected to the Texas House of Representatives.  High school students who graduate in the top ten percent of their class are automatically admitted to Texas' public universities.  The race-neutral bill passed in 1997 in response to the Hopwood decision issued by the 5th Circuit Court of Appeals in New Orleans.  Hopwood eliminated the consideration of race as a basis for achieving racial diversity in a student body in Texas, Louisiana, and Mississippi.    The U.S. Supreme Court declined to review the case.  

The report makes some interesting findings.  Among them are that Whites only constitute 61% of the University's entering freshman class, a historical low for the University.  The percentage of Asians and Hispanics has increased, but the number of African Americans has decreased.

"While much more investigation is needed, it appears that the legislative intent to de-emphasize the use of SAT scores in the admissions process to achieve pre-Hopwood diversity levels without sacrificing persistence and performance has been achieved – as least when compared to the last year of affirmative action (1996)," the report concludes.

To review the report, click here.

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JANUARY 18, 2002
Fri 8:28:12 P.M. CST

Exclusive:  Official Letter of Resignation of PUC Chairman  and Former Enron Executive Max Yzaguirre

January 18, 2002


Dear Governor Perry:

I am submitting to you today my resignation from the Texas Public Utility Commission.  During my service as Chairman of the PUC, I have worked hard to protect Texas  telecommunications and electricity consumers while ensuring healthy and competitive markets.  In recent weeks, we made history and saved consumers millions of dollars by successfully opening the Texas electricity market to retail competition, allowing consumers to choose lower cost energy for their homes and businesses for the first time ever in our State.

The PUC role requires absolute fairness and unwavering attention to the details of complex markets, industries and consumer demands.  During  recent weeks, my family and I have been subjected to a series of negative attacks which have had nothing to do with my job performance and which seemed to the politically inspired.  My eligibility to serve as a PUC commissioner has been questioned even though my background and qualifications had all been thoroughly analyzed and found to be fully consistent with the laws and standards of our State.  The ensuing debate, which at times has strayed into inaccuracies, has taken attention away from the important issues the PUC is handling.  It also has caused my family to have to bear the type of sacrifice that unfortunately deters many from public service.

I believe that the citizens of Texas, and my colleagues at the PUC, deserve a situation free from this debate.  Therefore, I regretfully notify you of my intentions to resign from the PUC effective as of the close of business today.

I am honored to have been asked to serve Texas in this important role, and to have served under you.  I care deeply about Texas, and about the work currently being undertaken by the PUC.  I am hopeful that my decision to step down will permit that work to continue to be performed in the manner that the people of Texas expect and deserve.

Very truly yours,

/s/

Max Yzaguirre

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Statement of Governor Rick Perry Regarding the Resignation of PUC Chairman Max Yzaguirre

"I am disappointed to receive the resignation of a good, loyal and accomplished public servant.  Max Yzaguirre was not only well qualified to serve on the Public Utility Commission, but he proved himself to be a fair and intelligent leader ushering in a new era of electric competitors and saving families and businesses millions of dollars in the process.  

"Despite recent unwarranted partisan attacks, I hoped Chairman Yzaguirre would continue his work for the electricity and telecommunications consumers of Texas.  However, the past few weeks have been difficult on a good a man and his family.

"I reluctantly accept his resignation from the PUC and I thank him for his tremendous service to the people of Texas."

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Gubernatorial Candidate Tony Sanchez Comments on Yzaguirre Resignation; Urges Perry to Return Enron Contributions

"Governor Perry's Enron appointee may be leaving the utility commission, but the influence of the bankrupt energy giant within the governor's office remains," said Sanchez.  "Perry should immediately return the more than $200,000 in Enron campaign contributions, especially the $25,000 received the day after he appointed Yzaguirre."

"This deal was corrupt from the beginning, but it only solves one problem for Perry," Sanchez said.  "4,000 Texans lost their jobs over this and the least Gov. Perry could do is give back all of the campaign cash he took from the same Enron executives who were allowed to protect their retirement," continued Sanchez.

"The Enron meltdown is one of the worst business disasters in history.  We need an independent investigation so that we can see exactly how much this will affect the state and the hardworking people of Texas," Sanchez concluded.

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Hispanic Republicans:  Shame on Tony Sanchez

The Republican National Hispanic Assembly of Texas issued the followed statements today:

Massey Villarreal
National Chairman
Republican National Hispanic Assembly

"Tony Sanchez and his campaign have shown a disturbing trend of attacking fellow Hispanics who have chosen to work with the Republican Party," stated Massey Villarreal.  "Hispanics have made great gains in politics by working within both political parties.  However, Tony Sanchez, in his effort to buy a governorship, has chosen to try and ruin the reputations of Max Yzaguirre and Henry Cuellar because they chose to work for a Republican Governor.  Tony Sanchez should be ashamed of himself and Hispanics should be outraged at his tactics."

Roy Casanova
Assistant Secretary
Republican National Hispanic Assembly of Texas

"For too long, Tony Sanchez has worked to smear and attack Hispanics who join the Republican Party and work with Republican leaders," said Roy Casanova.  "Mr. Sanchez's private eyes, spin doctors and attack dogs do great harm in the Hispanic community and to the political process in Texas.  Max Yzaguirre and Henry Cuellar before him, were victims of their dirty, underhanded tactics.  The values and priorities of the Hispanic community are more aligned with the Republican Party, and the Hispanic community is stronger when they have voices in both political parties.  Tony Sanchez and his paid attack dogs should be ashamed of themselves and their attacks on key Hispanic leaders in Texas."

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Dan Morales:  Tony Sanchez Is A "Failed Businessman"

Note:  The following advisory is printed in its entirety as a courtesy to readers of The Lege.

"According to a report in the Texas Weekly political newsletter, several members of the Communications Workers of America told the publication that Tony Sanchez, during a speech to the group, referred to Dan Morales as a "thief", who tried to steal tobacco money while serving as Attorney General.

Mr. Sanchez' skills at lying and misleading are flying higher than his fleet of personal jet aircraft.  While he calls Mr. Morales names, Tony Sanchez is running millions of dollars of TV ads trying to revise his own history as a failed businessman.

His ads and his rhetoric fail to point out that this "great" businessman shut down his Laredo newspaper just hours before Christmas Eve and fired 86 people to get a tax break for himself.

They also ignore how this 'wise' businessman ran his financial institution, Tesoro Savings and Loan, into bankruptcy.  As Chairman of the Tesoro Board, Sanchez paid a million dollars to settle a lawsuit against his S and L.  But federal taxpayers had to invest 129 million dollars to help out the depositors Tony Sanchez had left high and dry with his mismanagement.  Sanchez make taxpayers pay for his mistakes even though he was worth hundreds of millions of dollars at the time his S and L failed.

The F.B.I. also reported Tesoro laundered 25 million dollars in drug money for the Northern Mexico cartel.  Tony Sanchez, the Chairman of the Tesoro Board, who claims he is a great manager and businessman, told federal investigators, 'I didn't know anything about it.'  The cartel members were later connected to the murder of undercover American DEA agent Enrique Camarena in Guadalajara, Mexico.

During the investigation, the worst kept secret in Laredo was that feds were going to freeze cartel assets in Tesoro.  But just hours before the assets were to be frozen, Tesoro wired 8 million dollars to a cartel account in Panama.

Is this how Tony Sanchez wants to run state government?"

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JANUARY 5, 2002
Sat 9:25:45 P.M. CST

Morales Pledges to Lead Renewal of the Spirit of Texas

Note:  The following press release is printed in its entirety as a courtesy to readers of The Lege.

To read  Dan Morales' speech for Texas Governor, go to the Capitol Spotlight.

Pledging to lead an unprecedented renewal of the spirit of Texas, former Attorney General Dan Morales publicly announced his candidacy for Governor on Saturday at San Antonio's historic Gunter Hotel.  Speaking to an overflow crowd, the forty-five year old San Antonio native said, "That renewal begins in our homes, our neighborhoods, our churches and synagogues, our schools and in our markets of commerce.  As your governor, I will work to ensure the star of Texas shines brightly for everyone."

Morales said he is ready to put his experience as a statewide leader to work.  Saturday's announcement marked a return to public life for Morales who served as Texas Attorney General from 1991 to 1998, and as a member of the Texas House of Representatives from 1983 until 1990.  After his marriage in 1997 to the former Christi Glenn, Morales chose not to seek re-election in 1998.

"Now having my own to care for has strengthened my resolve to carry on the fight for Texas families and children.  I am back; I am energized; and I am ready to service the citizens of the state of Texas."

In working to build the "strongest, safest, healthiest and best-educated Texas possible," Morales said he wants young people to understand that their futures depend on the quality of their education.  He said he wants our schools to reinforce the value of healthy living, especially physical activity and proper nutrition.

On healthcare, Morales said he wanted to use the 1998 state tobacco settlement that he won while Attorney General, as an historic turning point for healthcare in Texas.  Morales said he would work with legislative leaders to improve Texas' educational standing on the availability and accessibility of medical services for every citizen in our state, especially for children.

As Attorney General, Morales established an aggressive record of suing powerful special interests when they violated the state's laws.  Despite having been attacked politically and personally by those special interests, Morales emphasized that as Governor he would not only speak on his vision for a better Texas, but would lead the fight in challenging those same special interests when necessary.

As Chairman of the Criminal Jurisprudence Committee in the Texas House of Representatives, he authored legislation to toughen penalties for drug dealers, violent offenders and white-collar criminals.  As Attorney General, he brought unprecedented focus and resources on criminal justice and law enforcement initiatives within that office.  He created new divisions to attack gang violence and money laundering of drug profits.  His office also helped pass legislative to crack down on frivolous inmate lawsuits.

As Attorney General, Morales initiated the end of the state's twenty year-old prison lawsuit, rightfully returning control of Texas prisons to the state, rather than the federal courts.  During his administration, the Crime Victim's Compensation Fund paid out more than $200 million to over 50,000 victims of violent crimes and their families.  His office successfully spearheaded legislation that increased restitution and expanded benefits to crime victims that were solely paid from the levies and fines assessed against and paid by convicted criminals.  Morales' administration prosecuted more than 700 capital murder cases with a success rate exceeding 99 percent.

Morales said he would bring the same criminal justice focus to the Governor's office as he did at the Attorney General's office, fostering an active partnership with the law enforcement community.

"I will work not only to ensure that the men and women who wear a badge have the tools and support needed to enforce the laws of our state, but also the means to protect our homes and families from threats originating beyond the borders of our state and country.  As Governor, I will fight for the rights of crime victims to ensure they are not victimized twice."

Morales said he would be relentless in working to reduce domestic violence and to increase resources for the protection of children in dangerous environments.  As Governor, his administration would be vigilant in seeing that those who harm our children would face the full force of the law.

He also said he would support the strongest penalties in the country for those who abuse senior Texans.  

"Those who prey on our elderly will learn the meaning of a new phrase--'Don't Mess with Senior Texans'."

Morales pledged to stregthen the voice of all Texans by undertaking the most comprehensive restructuring of the Governor's office in history.

The candidate urged citizens to join him in renewing the spirit of the state and to build the next generation of Texas.

"May our actions reinforce in all of us that the greatest thing about being a Texan is being in Texas."

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 DECEMBER 2001
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December 10, 2001
Mon 2:40:15 p.m. CST

Representative Warren Chisum Announces for Texas House Speaker

The following statement was issued earlier today:

"Redistricting, retirements, and fellow members seeking higher office have all added up lately. Everybody has heard the endless voo-doo predictions from the high-dollar political consultants. To be sure, for the first time in over a decade,the future of House leadership is unclear. The train already started down the tracks, but nobody seems to be at the helm. I am announcing my candidacy for Speaker of the House for the 78th Legislature in 2003. You can tell your friends and family that The Chisum Trail Train has left the station. The train will make several stops along the way at a town near you, and everybody will be asked to get on board. We've got plenty of room and we have a seat for everyone. My pledge is to allow every member to represent their district. Omega and I make this announcement after a great deal of thought and reflection over the past two weeks. Doing the right thing isn't hard--the difficulty lies in figuring out what the right thing is. We're confident that we've made the right decision."  

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 NOVEMBER 2001
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NOVEMBER 28, 2001
Wed 8:06:43 p.m. CST

Federal Court Releases Judicial Plan for Texas House of Representatives

Earlier today, the three-judge court in charge or redistricting released its remedial plan (Plan 1369H) for the Texas House of Representatives.  The court did not redraw the entire map.  Rather the court said "[o]ur decision here is limited to correcting the federal constitutional and statutory defects in the LRB House plan, including the concerns raised in the objection of the Justice Department."  The court followed the holding in the U.S. Supreme Court Upham v. Seamon, which The Lege cited in its "Pre-Clearance Denied:  A Question and Answer Guide" on November 18, 2001.  The court did not address any of the state law claims because the Eleventh Amendment of the U.S. Constitution bars federal courts from considering such claims.

Interestingly, the court did not create additional Latino districts.  The Mexican American Legal Defense and Educational Fund had advocated the creation of additional Latino districts because of the rapid growth of the Latino population.  However, the court found "that the Latino population is not sufficiently compact or numerous to support additional Latino districts."  The court also noted, "under the totality of the circumstances, the failure to create additional Latino majority districts will not prevent full and equal Latino participation in the political process."  In short, the court did not find a violation of Section 2 of the Voting Rights Act, which prohibits the dilution of minority voting strength.

In its per curiam opinion, the court makes it very clear that its plan is a judicial plan and is not subject to the pre-clearance requirements of Section 5 of the Voting Rights Act.  Thus, unless the plaintiffs appeal successfully to a higher court, the
judicial plan will be in effect for the March 2002 primaries and the November 2002 general election.  

The judicial plan addresses the objections raised by the U.S. Department of Justice in its November 16, 2001 letter.  The Department had objected to Districts 74 (Pete Gallego, D-Alpine), District 38 (Jim Solis, D-San Benito), and District 35 (Ignacio Salinas, D-San Diego).  In all three districts, the court increased the name of Spanish surname voter registration levels.  It is interesting to note, however, that in one district the court made a specific reference to the political composition of the district.  In its opinion, the court said "[o]ur modifications eliminate the pairing, maintaining a heavily Democratic District 35 with no incumbent....."

As reported earlier, the judicial plan creates 22 open seats. The plan includes 16 house districts in which house members are paired and  two "triple crowns" in Travis and Harris Counties.  Thus, a total of 38 house members will be running against their own colleagues.  

The following state representatives have been placed in one legislative district:

Clyde Alexander (D) and Betty Brown (R) in District 4

Kip Averitt  (R ) and  Jim Dunham (D) in District 56
Note:  Kip Averitt is running for Texas Senate.

Fred Bosse (D) and Joe Moreno (D) in District 143

Wayne Christian (R) and  Jim McReynolds (D)  in District 9

Frank Corte (R) and John Shields (R) in District 123
Note:  John Shields is running for Texas Senate.

David Counts (D) and Rick Hardcastle (R) in District 68

Debra Danburg (D), Scott Hochberg (D), and Kyle Janek (R) in District 134  

Craig Eiland (D) and Patricia Gray (D) in District 23

Pete Gallego (D) and Tracy King (D) in District 74

Kenn George (R) and Harryette Ehrhardt (D) in District 108
Note:  Kenn George is running for statewide office.

Roberto Gutierrez (D) and Juan Hinojosa (D) in District 41

Gene Seaman (R) and Judy Hawley (D) in District 32

Harvey Hilderbran (R) and Bob Turner (D) in District 53

Terri Hodge (D) and Dale Tillery (D) in District 100

Mark Homer (D) and Tom Ramsay (D) in District 3

Chuck Hopson (D) and Paul Sadler (D) in District 11

Delwin Jones (R) and  Gary Walker (R) in District 83   
Ann Kitchen (D) , Glen Maxey (D) and Elliott Naishtat (D)  in District 49

In Bexar County, freshman representatives Trey Martinez Fischer (D) and Mike Villarreal (D) were unpaired.  Villarreal will not be running for re-election.  He is running for a seat on the Bexar County Commissioners Court.  

If the 1998 Hobby-Rylander Comptroller's Race Index is applied to the judicial plan, Republicans should win at least 82 seats.  The index has been used by consultants and legislators as a good indicator of the voting propensity of a particular district.   

The race for Speaker of the House began long before today's announcement.  State Representatives Tom Craddick (R), Brian McCall (R), and Ed Kuempel (R) plan to run for Speaker of the House.  Current House Speaker Pete Laney (D) is also seeking another two-year term.  

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NOVEMBER 21, 2001
Wed 8:05:16 p.m. CST
A Brief Analysis of the State of Texas' Remedial Map

Late this afternoon, the State of Texas submitted its legal brief and a proposed amendment to the Legislative Redistricting Board's ("LRB") map for the Texas House of Representatives to address the deficiencies the U.S. Department of Justice ("Department") cited in its denial of pre-clearance letter.  The Department notified the State of Texas last week that the map for the Texas House of Representatives was retrogressive because it packed Hispanics, fractured communities of interest, and denied Hispanics the opportunity to elect candidates of their choice.  The Department specifically noted that the map was retrogressive in South Texas, West Texas, and Bexar County.  It identified three districts that failed legal scrutiny -- District 35 (Representative Ignacio Salinas D-San Diego), District 38 (Representative Jim Solis D-San Benito), and District 38 (Representative Pete Gallego D-Alpine).  Even though the Department specifically referenced the aforementioned districts, it also alerted the State of Texas that the districts adjacent to Districts 35 and 38 were problematic.  

In its November 16, 2001 letter the Department said the following:

Finally, the districts adjacent to Districts 35 and 38 have levels of Spanish surnamed [sic] registered voters exceeding 80 percent, and Hispanic voting age population exceeding 90 percent, both of which are far beyond what is necessary for compliance with the Voting Rights Act.  Thus the reductions in Districts 35 and 38 were avoidable had the State avoided packing Hispanic voters into the districts adjacent to them.

A logical inference from the Department's statement is that District 43 (Representative Irma Rangel D-Kingsville) and District 37 (Representative Rene Oliviera D-Brownsville) in South Texas cannot have more than 80% of  Spanish surname registered voters because that will constitute packing.  Packing Hispanic voters into legislative districts is illegal and violates the Voting Rights Act.  

The remedial map (Plan 1368H) submitted by the State of Texas makes substantial changes.  Instead of altering only three districts, the proposed amendment alters a total of 14 districts in South and West Texas.  It creates two open seats, District 80 and 35, but reconfigures districts in a way that could affect "member-constituent relations and affect communities of interest".  For example, in the proposed amendment, State Representative Ignacio Salinas (D-San Diego) is in an entirely new district.   The only county he retains in the new District 31 is Duval County.  Starr, Zapata, Webb, and Duval Counties comprise the new District 31, which has a population of 136,646.  The new District 35 contains a majority of Salinas' old district.  Atascosa, Bee, Goliad, Jim Wells, Karnes, Live Oak, and McMullen Counties comprise the new district 35, which has just over 50% Spanish surname registered voters (51.51%).  It is brief, the State notes that the problems identified in District 35 have been resolved because Salinas is no longer paired. The State notes, "Rep. Salinas's residence in the remedial plan is in District 31, where he is the only incumbent in an overwhelmingly Hispanic district."  However, the practical effect is that Salinas will have to get to know over 123,000 new people!  This configuration may not pass legal muster because preserving "member-constituent relations" is an important factor the Department highlighted in its denial letter.     

District 38 in Cameron County was reconfigured to increase the number of Spanish surname registered voters and minimize the number of  Republican precincts.  In the map produced by the Legislative Redistricting Board and rejected by the Department, the district reverted "to a configuration that previously precluded Hispanic residents from electing a candidate of their choice."  To remedy the problem, the State moved the city of San Benito and other Hispanic areas back into Solis' district and placed the Republican enclaves of Palm Valley and South Padre Island into District 43.   State Representative Irma Rangel (D-Kingsville) would represent the new district 43, which includes a portion of Cameron County she represented during the 1980s.  Kleberg, Kenedy, Jim Hogg, Brooks, and Willacy Counties comprise the rest of District 43.  It is an overwhelmingly Democratic district even though the number of Spanish surname registered voters was reduced.   Rangel's district was one of the adjoining districts the Department identified as being packed with Hispanics in order to deny Hispanics the right to elect the candidate of their choice.  The other district is District 37.

State Representative Rene Oliviera (D-Brownsville) currently represents District 37, which looks like a curved middle finger.  It incorporates Brownsville and South Padre Island.  In its brief, the State admits that the number of Spanish surname registered voters drops from 83.41% to 80.89% in the newly reconfigured District 37.  However, the reduction may not be enough.  As mentioned earlier, the Department warned against reconfiguring districts that have more than 80% Spanish surname registered voters.  Such a high percentage constitutes packing according to the Department.  This problem can be easily remedied by moving South Padre Island back into District 37.  There are approximately 2,000 residents on the island.  If South Padre Island is moved from Rangel's district, her district would still have enough people to pass constitutional muster.  The political effect of such a move, however, would be profound because it would disburse all the Republican enclaves amongst three legislative districts.  Districts 37, 38, and 43 would each divide the Republican precincts and make it almost impossible for a Republican candidate to win.  

The State of Texas makes some modifications to District 74 in West Texas even though the Department said the State did not need to reconfigure the district.  

In its letter the Department noted:

As for West Texas, Hispanic voters lose the opportunity to elect their candidate of choice in proposed District 74.  The Spanish surname registration level decreases from 64.5 to 48.7 percent, and the Hispanic voting age population decreases from 73.4 to 57.3 percent.  Significantly, the State did not need to reconfigure existing District 74 because the existing configuration under the Census 2000 was underpopulated by only 894 persons, a deviation of 0.64 percent.  Such unnecessary population movement supplements our finding in our election analysis that Hispanic voters in District 74 will suffer a retrogression in the effective exercise of the electoral franchise.

The district is currently represented by State Representative Pete Gallego (D-Alpine).  Under the proposed remedial map, the number of Spanish surname registered voters slightly increases by just over 3% to 51.26%.  The district does not include Maverick County.  This slight increase may not be sufficient to allay retrogression concerns because the number of Spanish surname registered voters is almost the same as in the LRB's original District 35 (50.2%).  District 35 was rejected by the Department.

District 33 in Corpus Christi was also reconfigured in a way that reduced the number of Spanish surname registered voters. State Representative Vilma Luna (D-Corpus Christi) currently represents the district.  In its retrogression analysis the Department did not object to the original configuration in the LRB map.  In that plan, the district had 55.2% Spanish surname registered voters.  In the new plan, the number of Spanish surname registered is reduced to 51.7%.  This low number may not provide Hispanics with the opportunity to elect candidates of their choice.

Because of the substantial changes that have been presented, the federal court may consider hearing additional testimony in order to get a holistic understanding of the map's effects.  A  court drawn plan is expected before December 3rd in order to avoid disrupting the 2002 election cycle.

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NOVEMBER 19, 2001
 Mon 8:45:32 p.m. CST
LONE STAR SCOOP

Letter from U.S. Department of Justice Denying Pre-Clearance

In response to various requests from Texas lawmakers and legislative staff, The Lege has established a direct link to the U.S. Department of Justice letter that was recently sent to the Acting Secretary of State denying pre-clearance of the map for the Texas House of Representatives.  

Click here to read the letter.

For further analysis, read the question and answer guide that was posted yesterday.

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Texas Conservative Coalition Research Institute to Study State Spending

 The Texas Conservative Coalition Research Institute has announced the formation of a new task force to study the way Texas spends its money.  The State Finance Task Force is a group of bipartisan lawmakers that will be studying various spending reform measures in order to avoid the consequences of a potential budget shortfall.

"Because the state is facing a shortfall, now is the time for legislators to examiner innovative reforms, allowing us to deliver essential services at a lower cost," said State Representative Carl Isett (R-Lubbock).  Isett is Chairman of the Task Force.  Senator Florence Shapiro (R-Plano) is the Co-Chair.  "We need to focus efforts on finding better ways of allocating state money so that government isn't involved in redundant and unnecessary spending," said Shapiro.  "At the same time, let's work to improve the delivery of services to those Texans who need state assistance."

The Task Force hopes to complement the efforts of the interim committee charged with studying the state's school funding system.  The committee is currently evaluating all options to finance the public school system, including tax increases.

"Our number one objective is to work proactively and in coordination with the Governor's office to prevent a tax increase," said Isett.

For further information, contact John Colyandro at (512) 474-6042 or visit the Institute's website at http://www.txccri.org.

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NOVEMBER 18, 2001
Sun 9:30:34 p.m. CST

EXCLUSIVE TO THE LEGE

PRE-CLEARANCE DENIED
A QUESTION AND ANSWER GUIDE

This guide is copyrighted and provided as a courtesy to readers of The Lege.

Does the State of Texas have a legally enforceable map for the Texas House of Representatives?

No.  The U.S. Department of Justice ("Department") notified the State of Texas on November 16, 2001 that it failed to comply with Section 5 of the Voting Rights Act.  Section 5 is intended to prevent covered jurisdictions from implementing voting changes that have the illegal purpose or effect of diluting minority voting strength.  The technical legal term is "retrogression." The Department concluded that the State of Texas diluted the minority voting strength of Hispanics in South Texas, West Texas, and Bexar County by packing minorities, fracturing communities of interest, and failing to provide Hispanics with opportunities to elect candidates of their choice.

Ralph F. Boyd, Jr., Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice, wrote the following:

"We have considered carefully the information you have provided, as well as the census data, comments and information from other interested parties, and other information.  As discussed below, I cannot conclude that the State's burden under Section 5 has been sustained in this instance.  Therefore, on behalf of the Attorney General, I must object to the 2001 redistricting plan of the Texas House of Representatives."

Was the map for the Texas House of Representatives "partially pre-cleared"?

No.  The Voting Rights Act does not recognize a partial pre-clearance as a valid legal remedy for a covered jurisdiction under Section 5.  The Department's Section 5 retrogression review is based on a plan as a whole.  If the plan as a whole cannot meet the legal requirements, the Department will interpose an objection.  The entire map for the State of Texas was denied pre-clearance, even though the Department acknowledged that it didn't have problems with a large portion of the map.

Which legislative districts will have to be redrawn?

The Department referenced three Democratic districts in its objection:  District 35 (Representative Ignacio Salinas, D-San Diego), District 38 (Representative Jim Solis, D-San Benito), and District 74 (Representative Pete Gallego, D-Alpine).  The districts drawn by the Legislative Redistricting Board ("LRB") for State Representatives Irma Rangel, D-Kingsville (District 43) and Rene Oliviera, D-Brownsville (District 37) will also have to be modified because the Department concluded that they had been packed with minorities.  It is likely that other districts, including the proposed open district in South Texas, will have to be modified because of the "ripple effect" that occurs when districts are altered.

Can a three-judge federal court draw a new plan?

Yes.  Because the State of Texas does not have a legally enforceable plan for the Texas House of Representatives, a federal court can draw an interim apportionment plan that complies with the Voting Rights Act and the U.S. Constitution.  The court received 33 competing plans prior to the commencement of a trial on a map for the Texas House of Representatives.  The map that was denied pre-clearance is only a competing plan.  Federal judges have discretion in drawing legislative districts that have violated the Voting Rights Act; however, "the remedial powers of an equity court must be adequate to the task, but they are not unlimited."  Whitcomb v. Chavis, 403 U.S. 124, 161 (1971).  It is highly unlikely that minorities will be packed and communities of interest fractured in the new districts.

The three-judge court could produce a plan by the first week in December in order to avoid disrupting the 2002 election cycle.

Will the three-judge court draw a map that provides a partisan advantage?

Probably not.  In its recent ruling regarding congressional districts, Simon Balderas, et al., v. State of Texas, et al., Civil Action No. 6:01CV158, the court expressed its views regarding political gerrymandering:

"Finally, to state directly what is implicit in all that we have said:  political gerrymandering, a purely partisan exercise, is inappropriate for a federal court drawing a congressional redistricting map.  Even at the hands of a legislative body, political gerrymandering is much of a bloodfeud, in which revenge is exacted by the majority against its rival.  We have left it to the political arena, as we must and wisely should.  We do so because our role is limited and not because we see gerrymandering as other than what it is:  an abuse of power that, at its core, evinces a fundamental distrust of voters, serving the self-interest of the political parties at the expense of the public good."

What legal arguments are expected in light of the Department's decision?

The trial on a map for the Texas House of Representatives has concluded.  However, the parties are likely to submit supplemental briefs and proposals to the federal court to remedy the deficiencies in the map adopted by the Legislative Redistricting Board.  

The State of Texas will likely argue that the federal court should adopt a major portion of the LRB map because it reflects the policy choices of the Legislative Redistricting Board and the Department did not object to those particular districts.  The State has legal precedent to support its argument.  In Upham v. Seamon, 456 U.S. 37 (1982), a case involving Texas' congressional districts, the U.S. Supreme Court held that absent a finding of a constitutional or statutory violation by a federal court, "a court must defer to the legislative judgments the plans reflect, even under circumstances in which a court order is required to effect an interim legislative apportionment plan."  In this particular case, the court noted:

"We have never said that the entry of an objection by the Attorney General to any part of a state plan grants a district court the authority to disregard aspects of the legislative plan not objected to by the Attorney General.  There may be reasons for rejecting other parts of the State's proposal, but those reasons must be something other than the limits on the court's remedial actions.  Those limits do not come into play until and unless a remedy is required; whether a remedy is required must be determined on the basis of the substantive legal standards applicable to the State's submission." Seamon, supra, at 44.

Opponents are likely to argue that a new plan should be created since the State of Texas does not have a legally enforceable plan.  Furthermore, they will urge the court to find a violation of Section 2 of the Voting Rights Act.  If this occurs, Seamon will have a limited effect.  They will likely urge the court to use the same legal principles and reasoning it used to create the congressional map for the State of Texas.  In that plan, the court protected incumbents, eschewed political gerrymandering, and created new districts in areas of the state with the greatest population growth.

Will Hispanics gain new seats?

The Mexican American Legal Defense and Educational Fund (MALDEF) will continue to advocate for the creation of  new majority-minority districts.   South Texas will likely get a new seat because that is where the greatest population growth occurred.  The plans adopted by the Texas House of Representatives and the Legislative Redistricting Board created a new Hispanic district in South Texas.  

Does a court drawn plan require pre-clearance from the U.S. Department of Justice?

No.  See Connor v. Johnson, 402 U.S. 690, 691 (1971).

Which party will control the Texas House of Representatives?

Too early to tell.  Texas Democrats currently hold a slim majority in the Texas House of Representatives.  Once the federal court releases its map, a detailed analysis will have to be performed.  Factors such as a district's configuration, voting patterns, incumbency, the appeal of certain candidates, fundraising, and get-out-the-vote (GOTV) efforts will be important in determining the likelihood of success.

When will the primary elections for the Texas House of Representatives be held?

The primaries will be held in early March 2002, unless the federal court rules otherwise.

When is the filing deadline for candidates?

The deadline is in early January 2002, unless the federal court rules otherwise.

Will the one year residency requirement for legislative districts be suspended by the court?

It is possible that the court will suspend the one year residency requirement for the Texas House of Representatives.  The requirement was suspended in late December during the 1991 redistricting cycle.

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NOVEMBER 11, 2001
Sun 8:07:34 p.m. CST

LONE STAR SCOOP

Redistricting Trial on Texas House Maps to Proceed

U.S. District Judge John Ward has notified all interested parties that a trial to consider competing plans for the Texas House of Representatives will be held on Tuesday, November 13 at 9 a.m.

For a detailed analysis, go to the Capitol Spotlight.

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 OCTOBER 2001
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OCTOBER 30, 2001

LONE STAR SCOOP

Show Me the Money

Texans for Public Justice, a non-profit, non-partisan research and advocacy group that follows the money trail in Texas politics, delivered a pre-Halloween treat today by unveiling its most recent report: Texas PACs:  2000 Election Cycle.  The 25 page report identifies the biggest political action committees (PACs) and classifies PACs by their economic and ideological interests.   It also includes the 100 Biggest PACs in Texas.

"Spending by PACs that represent consumers, workers and the environment can't hold a candle to the millions spent by business PACs, " said Texans for Public Justice Director Craig McDonald.  "Corporate and other business interests dominate Texas PAC spending - just as they dominate our legislative process."  

The report includes the following findings:

During the 2000 election cycle, PACs spent $54 million.

Business interests PACs spent 64% of all Texas PAC money; Ideological and Single-Issue PACs (including political party committees) spent 31 %; Labor PACs spent 5%.

Texas' 35 largest PACs accounted for more than half of all PAC spending.  Each PAC spent more than $300,000 apiece.

The Texas Democratic Party ($6 million) and the Republican Party of Texas ($2.7 million) were the biggest PACs.

The Texas 2000 PAC ($2 million) and the Texas Association of Realtors PAC ($1.5 million) were the biggest business PACS.  The Texas 2000 PAC is a plaintiff lawyers' PAC that receives large contributions from the five lawyers who successfully settled Texas' lawsuit against the tobacco industry.  The lawyers received $3 billion for their efforts.

Texans for Lawsuit Reform was the largest single-issue PAC ($1.4 million).

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Senator Carlos Truan to Run for Re-election

Texas Senator Carlos Truan (D-Corpus Christi), the Dean of the Texas Senate, will announce his re-election campaign tomorrow in McAllen, Texas.  Senator Truan is the longest serving member of the Texas Senate.  He has served in the Texas Senate since 1977.  He previously served in the Texas House of Representatives from 1969-1976.

His newly configured district includes a large portion of  Hidalgo County, the seventh largest county in Texas.  

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OCTOBER 28, 2001

Analyses of Proposed Texas Constitutional Amendments

On November 6, 2001 Texas voters will have the opportunity to approve 19 constitutional amendments.

For a detailed description of each amendment, click here.

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OCTOBER 15, 2001

EXCLUSIVE:  U.S. Department of Justice Letter Regarding Legislative Districts for the Texas
House of Representatives

The following letter is reprinted in its entirety as a courtesy to readers of The Lege:

October 12, 2001


The Honorable Geoffrey Connor
Acting Secretary of State
P.O. Box 12060
Austin, Texas 78711-2060

Dear Secretary Connor:

This refers to the 2001 House of Representatives redistricting for the State of Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c.  We received your submission on August 17, 2001; supplemental information was received through October 10, 2001.

The information received on October 10, 2001, materially supplements your submission and is necessary for us to complete our review of the submitted change.  Accordingly, this information recommences the sixty-day review period under Section 5.  See the Procedures for the Administration of Section 5 (28 C.F.R. 51.39).

We are aware that there is pending litigation concerning whether the redistricting plan for the Texas House of Representatives submitted to us complies with various federal and state laws, including the Voting Rights Act.  Balderas. v. State of Texas, C.A. No. 6:01-CV-158 (E.D. Tex.); Brown v. Perry, Cause No. GN100812 (353rd Jud. Dist. Travis Cty. Texas).  Therefore, we will make every effort to expedite our determination because a court may not address the validity of a covered voting change, such as a redistricting plan, until it has received the requisite preclearance under Section 5.  Connor v. Waller, 421 U.S. 656 (1975).  In addition, we are providing a copy of this letter to the Courts as well as to all counsel of record.

Sincerely,
/s/
Joseph D. Rich
Acting Chief
Voting Section

Postscript Analysis:

It is not unusual for the U.S. Department of Justice to extend the preclearance period.  During the 1991 redistricting cycle, the Justice Department took 120 days to review the redistricting plans before it issued its decision.  What is interesting is that the letter only addresses the legislative districts for the Texas House of Representatives.  The redistricting plan was drawn by Attorney General John Cornyn and was considered "legally superior" to all other plans.  Since the Texas Senate maps were not mentioned in the letter, one can safely presume that they have been or will be precleared in the near future.  

As previously mentioned in other postings, retrogression of minority voting strength is the key consideration in the Department's Section 5 preclearance analysis.  If a redistricting plan affects the electoral franchise of minority groups and splits racially polarized communities, it will not be precleared.  The Justice Department may have requested additional information to address these particular concerns.  The Texas Legislative Council provided detailed statistical data to the Justice Department when the House and Senate maps were submitted.  It will be interesting to know what was actually submitted on October 10, 2001 that "materially supplements" the original submission.  

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Texas Attorney General's Office Issues Statement on Congressional Redistricting

Mark Heckmann, spokesman for Texas Attorney General John Cornyn, issued the following statement concerning the congressional redistricting hearing that will held this Thursday, October 18 at 10 a.m. in the Texas Supreme Court.  Cornyn is challenging the congressional map produced by Judge Paul Davis.

"We are pleased that the Texas Supreme Court has agreed to hear this case.  On Oct.10, the trial court completely reversed its plan of Oct. 3, changing 30 of the state's 32 congressional districts.  This stunning reversal of position occurred during a week-long series of secret deliberations between the court and the staff of one of the parties in the case.  These deliberations were based on an order from the court, and over the written objection of the Governor and Secretary of State.  Worse yet, that order prohibits any of the parties from learning the basis for the court's switch in position.  Our appeal is simply to try to eradicate this invalid plan which was drawn without due process."

A detailed analysis of the plan produced by Judge Paul Davis is featured in the Capitol Spotlight.

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OCTOBER 7, 2001

A Message from MyCapitol.com

Due to service upgrades and the World Trade Center attacks on September 11, 2001, The Lege was not published during the month of September.  MyCapitol.com expresses its deepest sympathies to the families affected by the terrorist attacks.

As the campaign season begins to take shape this fall, MyCapitol.com will continue to post tidbits of information in The Lege to keep you informed about what is happening in the political arena.   There will be times when subscribers to The Lege will receive e-mail announcements about breaking news.  Some of the announcements will not be posted in The Lege. Thus, it is important that you visit MyCapitol.com for the most current information.

MyCapitol.com has a new look.  The home page has been redesigned to facilitate your surfing experience.  Additional information will be added to the home page in the near future.   

Thank you for being loyal readers and for staying informed!

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 SEPTEMBER 2001
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Due to service upgrades and the World Trade Center attacks on September 11, 2001, The Lege was not published this month.




 AUGUST 2001
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AUGUST 31, 2001

PRE-LABOR DAY ROUNDUP

The day after Labor Day has traditionally been a starting date for political campaigns.  This year is no exception.  As we enter the Labor Day Weekend, be sure to monitor the following three stories:

Senator Phil Gramm:  In or Out?  

Rumors of his resignation are rampant, and an announcement of his future plans is expected next week.  Political observers speculate that he will announce his re-election campaign rather than resign and become president of Texas A&M University.  If he resigns, potential Republican candidates for his seat are Attorney General John Cornyn, Land Commissioner David Dewhurst, and U.S. Congressman Henry Bonilla.  Former Attorney General Dan Morales and Dallas Mayor Ron Kirk may vie for the Democratic nomination.

Will "The People's Lawyer" Run for Texas Governor?

Former Attorney General Jim Mattox has hinted at the possibility of seeking the Democratic nomination for Texas Governor. Laredo banker Tony Sanchez is expected to announce his candidacy on September 4.   Former UT All-American Marty Akins and Attorney John WorldPeace are still in the race.

Congressional Redistricting

Various interested individuals and groups have submitted proposals for Texas' congressional districts.  However, no one knows which court will have jurisdiction.  Two lawsuits have been filed.  One in Travis County (Democratic judge) and another in Harris County (Republican judge).  The Texas Supreme Court has yet to rule on which court will get to draw the district boundaries.

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AUGUST 14, 2001

LONE STAR SCOOP

Hispanic Journal Names "Best of the 77th Texas Legislature"

Hispanic Journal, a magazine "dedicated to the development of Hispanic business, the promotion of Hispanic leadership, the preservation of Hispanic culture, and the participation of Hispanics in the American Dream," recently named the following legislative leaders and staff as "Best of the 77th Texas Legislature":

Texas Senator of the Year:  Rodney Ellis (D-Houston)

Texas Representative of the Year:  Rick Noriega (D-Houston)

Best of the Texas Senate

Senator Mario Gallegos (D-Houston)
Senator Eliot Shapleigh (D-El Paso)
Senator Leticia Van de Putte (D-San Antonio)
Senator Judith Zaffirini (D-Laredo)

Best of the Texas House of Representatives

Representative Garnet Coleman (D-Houston)
Representative Harold Dutton, Jr. (D-Houston)
Representative Irma Rangel (D-Kingsville)
Representative Sylvester Turner (D-Houston)
Representative Miguel Wise (D-Weslaco)

Best Legislative Staff

Selena Walsh, Director of the Senate Hispanic Caucus
Doris Sanchez, Communications Director for Senator Eddie Lucio (D-Brownsville)
Linda Christofilis, Chief of Staff for Representative Rick Noriega (D-Houston)
Jeremy Warren, Communications Director for Senator Rodney Ellis (D-Houston)
Ana Yanez Correa, Chief of Staff for Representative Domingo Garcia (D-Dallas)
Jesse Bernal, Chief of Staff for Representative Mike Wise (D-Weslaco)

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Patrick Wood Selected to Chair FERC

Pat Wood III, former chairman of the Texas Public Utility Commission, has been selected by President Bush to chair the powerful Federal Energy Regulatory Commission (FERC).  Wood is a good friend of the President and was instrumental in deregulating the electricity industry in Texas.  

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Wanted:  Mayor of Austin

Kirk Watson's official resignation today as mayor of Austin has already caused a flurry of interest.  Watson, a personal injury lawyer, plans to seek the Democratic nomination for Attorney General.  No candidates have officially filed to replace Watson, but today former city councilman Gus Garcia designated a campaign treasurer.  The special election is scheduled for November 6.  Stay tuned to see who actually files for the position.

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AUGUST 13, 2001

LONE STAR SCOOP

A Message from the Webmaster

Apologies are in order to all subscribers of The Lege.  Your loyal webmaster has been on a well deserved working vacation.  A lot has happened since the last posting and the The Lege will be updated with new stories as they become available.

Note:  The Lege will not be updated between August 20 and 26.  

Thank you for staying informed.

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Representative Delwin Jones "Amused" by Attorney General John Cornyn's Comments

State Representative Delwin Jones (R-Lubbock), who chairs the House Committee on Redistricting, disputed Attorney General John Cornyn's accusation that the Legislative Redistricting Board (LRB) Minority Report filed by House Speaker Pete Laney was a personal attack on Cornyn.

"Cornyn's accusation is amusing," Jones said.  "It is also interesting that Cornyn implies that a two-week delay in filing the report was bad or that it serves an ulterior motive."

Jones said the House redistricting lines offered by Cornyn and Land Commissioner David Dewhurst were developed during a one-and-a-half-hour recess and presented to the Legislative Redistricting Board with little supporting documentation.

"I assisted Speaker Laney and staff members in drafting the Minority Report.  It took two weeks of study and analysis to fully understand what Cornyn's plan does," Jones said.  "Incidentally, the Minority Report was authorized by the LRB rules, and Speaker Laney advised the LRB members at the July 24 meeting that he would submit such a report."

Jones said the report is a "dry, legalistic listing of facts and in no way makes personal reference to General Cornyn or the last-minute, behind-the-scenes maneuvers of non-LRB political persons and organizations."

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GOP Chair Sends Letter to Dan Morales

Susan Weddington, the Chair of the Republican Party of Texas, recently sent the following letter to former Attorney General Dan Morales.  Morales has recently expressed an interest in running against U.S. Senator Phil Gramm.

The following letter is printed in its entirety as a courtesy to readers of The Lege.

August 2, 2001

Dear Mr. Morales,
I read your comments in the Austin American-Statesman this past weekend with considerable interest. I am encouraged that after years of refusing to speak with state authorities and the courts regarding the tobacco settlement that you have now broken your silence – if only to talk with “half a dozen staffers, lawyers and Democratic Party activists.”

I hope this signals your willingness to now discuss the Texas tobacco settlement with others besides partisan political operatives, as there are many lingering legal and ethical questions that only you can answer.

Specifically, now would be the perfect opportunity for you to finally answer inquiries from the Texas Attorney General’s office and the media regarding your role in the attempt to obtain $520 million dollars for your associate, Mark Murr. Though you described Mr. Murr as your “co-pilot” on the tobacco case, no one, not even the other attorneys working on the case, had ever heard of him.

Now is the time to come forward and discuss what, if any, relationship Mr. Murr had with the state. When did Mr. Murr obtain a contract with the state of Texas? Why did Mr. Murr stop pursuing the fees he claimed to be entitled to when faced with the possibility of answering questions under oath? Why have you twice declined this same opportunity to present your case under oath?

Where are the records that substantiate your claims that Mr. Murr was a vital part of the state’s legal team? Did he keep his hours? When did the other attorneys in the case learn about Mr. Murr’s involvement in the tobacco case? If Mr. Murr didn’t actually complete any work on this case, does his insistence for his fees in federal court constitute fraud?
When did you know of Mr. Murr’s contract with Texas and when did you approve of it? According to numerous press reports and handwriting experts, Mr. Murr’s contract with Texas appears to have been backdated. Why would that be necessary?

These are all questions that have never been answered because of your refusal to speak with either state authorities or the press on this issue.

Since you have voluntarily come forward to speak with partisan Washington, D.C. operatives about the Texas tobacco settlement, it would be extremely hypocritical of you to continue to refuse to answer the important questions that state officials seek to ask you.

I hope that you will take this opportunity to finally put this important matter to rest.

Sincerely,


Susan Weddington
Republican Party of Texas Chairman

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AUGUST 1, 2001

LONE STAR SCOOP

Angry Words from Representative Tom Ramsay

State Representative Tom Ramsay (D-Mt. Vernon), who is paired with Representative Mark Homer (D-Paris) in the recently adopted House redistricting plan, blasted members of the Legislative Redistricting Board for their dishonesty and arrogance.

"I want to express my sincere appreciation to Lt. Governor Bill Ratliff and Speaker Pete Laney for their statesmanlike efforts to protect bipartisan traditions of the Texas Legislature.  I join the vast majority of Texans in applauding  their attempts to place public good above partisan interest," Ramsay said.

"I equally want to express my utter disgust with the mean-spirited partisan arrogance displayed by Attorney General John Cornyn, Comptroller Carole Rylander, and Land Commissioner David Dewhurst.  If any of these high-handed bureaucrats had ever spent a day in the Legislature perhaps they would have understood the need to reflect the want of the voters for civility and balance in the governing process.  Lacking meaningful experience, these agency executives engaged in spiteful actions not seen in Texas since the last time Republicans were in complete control - during Reconstruction.  Like their Reconstructionist forefathers Cornyn, Rylander, and Dewhurst set out to systematically remove as many Democrats as possible," he said.

"Cornyn, Rylander, and Dewhurst were neither consistent nor honest.  They were selfish, high-handed, mean spirited and arrogant.  They are personally responsible for importing Washington-style politics to Austin.  Texas will be worse for it," concluded Ramsay.

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 JULY 2001
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JULY 26, 2001

LONE STAR SCOOP

Texas Senator David Sibley Withdraws from Lieutenant Governor's Race

Senator David Sibley (R-Waco) announced today that he is withdrawing from the race for Lieutenant Governor.  He said it was a personal decision and that he would be exploring other opportunities.  He did not rule out the possibility of running for statewide office nor has he decided on whether he would be seeking re-election.  Sibley noted that money was not a factor in his decision to withdraw.  

Land Commissioner David Dewhurst and former Texas Supreme Court Justice Greg Abbott are the remaining Republican candidates for Lieutenant Governor.  Former Comptroller John Sharp and Gil Coronado are vying for the Democratic nomination for Lieutenant Governor.

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JULY 25, 2001

LONE STAR SCOOP

Laney To Attach Dissenting Statements to LRB Maps

In a sparsely attended meeting this morning, House Speaker Pete Laney (D-Hale Center), whose new district looks like a swastika, stated to the other members of the Legislative Redistricting Board that he would attach dissenting statements to the final maps adopted yesterday evening.  The dissenting statements are allowed pursuant to a rule Laney proposed earlier this summer.

By a 3-2 vote, the Legislative Redistricting Board adopted the House plan offered by Attorney General John Cornyn and the Senate plan offered by Land Commissioner David Dewhurst.  Attorney General John Cornyn, Comptroller Carole Keeton Rylander, and Land Commissioner David Dewhurst voted as a bloc to adopt the plans.

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Laney's Final Comments to the Legislative Redistricting Board

The following is a complete text of Speaker Laney's comments before Chairman Cornyn's House plan was adopted:

Speaker Pete Laney
Legislative Redistricting Board Meeting
July 24, 2001

     The plan I submitted on July 10th for consideration by the Legislative Redistricting Board was based on the plan that was approved by the House of Representatives during the legislative session. It is the only plan that has been passed by a legislative body.

     That plan has been attacked by partisan Republicans who labeled it as an “incumbent protection plan.” Obviously, the plan was drafted and voted upon by incumbent members of the House -- as required by our constitution.

     Most importantly, the plan passed by the House strives to be fair. In those areas where population shifts required elimination of districts, our plan paired an equal number of Republican incumbents and Democratic incumbents.

     In two districts, a Democrat is paired against a Democrat; in two districts, a Republican is paired against a Republican; and in five districts, a Republican is paired against a Democrat. Thus, nine Democrats and nine Republicans are paired under this plan.

     Some may call it an “incumbent protection plan.” If so, at least it’s a fair incumbent protection plan.

     Attorney General Cornyn has stated repeatedly, in these meetings and in the media, that he is not concerned about protecting incumbents. He said: “We’re concerned about voter rights, not an incumbent protection plan.” He also has adamantly denied that his plan is motivated by partisan politics.

     If everything that General Cornyn said about his plan were true, I would vote for it.

     But the facts behind the rhetoric clearly prove that the Cornyn plan is an incumbent protection plan for Republicans . . . and an incumbent punishment plan for Democrats. And here are the facts.

     The Cornyn 2 plan released on Saturday pairs 26 Democratic incumbents and only 9 Republican incumbents. Of the 9 Republicans paired, 7 are paired against Democrats in districts that are drawn to protect the Republican incumbents.

     Of the 72 Republican incumbents in the House, the Cornyn plan places only two Republican incumbents in jeopardy. And those two just happen to be Rep. Gary Walker and Rep. Delwin Jones -- for obvious political reasons.

     In some cases, the Cornyn plan goes to great lengths to protect Republican incumbents.

     For example, in Lubbock, the Cornyn plan carefully carves out the home precinct of a potential candidate for the House in order to protect one Republican incumbent from opposition.

     And the plan goes to extremes in punishing Democrats.

     In Travis County, with four Democratic incumbents, three are jammed into one district to run against each other. The clear intent is to eliminate half of the Democratic incumbents in Travis County.

     In southeast Texas, Cornyn eliminates Democratic incumbents by drawing three Democrats into District 23, and in Houston, by pairing two Democrats in a Republican district with a Republican incumbent.

     And when the revised Cornyn House plan was revealed on Saturday, we discovered that Rep. Robby Cook of Eagle Lake had been placed in a heavily Republican district, paired against a Republican incumbent.

     Was this change made by Mr. Cornyn to meet some legal requirement or to follow city boundaries? No, it was done for the sole purpose of eliminating another Democrat from the House.

     It is simply beyond belief that incumbency was not a consideration in the Cornyn plan when all but two Republican incumbents are protected while at least 32 of 78 Democratic incumbents are punished by pairing or by being put in districts where they can be defeated.

     I would once again encourage General Cornyn to be consistent. It is not consistent with his public statements to protect Republican incumbents while targeting Democratic incumbents for elimination.

     And if we can’t be consistent, let’s at least be honest with the people of Texas and admit that the Cornyn plan is based entirely on partisan politics -- not fairness, not voting rights, not legal requirements -- just partisanship.

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Hispanic Republican in Hidalgo County?

Prior to taking a final vote on his substitute House map, LRB Chairman John Cornyn offered an amendment that paired State Representatives Robert Gutierrez (D-McAllen) and Juan Hinojosa (D-McAllen).  Hinojosa and Gutierrez had been unpaired in the substitute plan that was posted on the Internet at 10 p.m. Friday night after Chairman John Cornyn visited the U.S. Department of Justice to discuss redistricting "principles and guidelines."  Cornyn insists that no maps were reviewed or discussed.

Cornyn justified the pairing of Gutierrez and Hinojosa by creating an open seat in Hidalgo County that a Hispanic Republican could win.  However, a thorough analysis of the final House map reveals that the open seat (District 40) in Hidalgo County is more than 70% Democratic if the 1998 Paul Hobby-Carole Rylander (Hobby-Rylander) statistical model is applied.  The same conclusion could be reached using the 1998 John Sharp-Rick Perry (Sharp-Perry) statistical model.

The district in which Gutierrez and Hinojosa were paired is a lot more Republican.  District 41 has a 53% Democrat / 47% Republican split under the Hobby-Rylander model and a 50.5% Democrat and 49.5% Republican split under the Sharp-Perry model.

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Texas GOP:  Laney's Days as Speaker Are Numbered

The following press release is provided in its entirety as a courtesy to readers of  The Lege.  

Fair redistricting plan adopted by Legislative Redistricting Board
will give Republicans a state house majority in 2003

The recent 77th Legislative Session will be Pete Laney’s last as House Speaker, according to Republican Party of Texas Chairman Susan Weddington. Under the plan adopted by the Legislative Redistricting Board yesterday, Republicans are poised to gain a majority in the Texas House of Representatives – and the Speaker’s gavel that goes with it – for the first time since Reconstruction.

“The clock is ticking on Pete Laney’s tenure as House Speaker, thanks to the fair redistricting plan passed by the Legislative Redistricting Board yesterday,” said Weddington. “Without gerrymandered districts in place to suppress the will of Texas voters and protect the incumbent politicians who support him, neither Pete Laney nor any other Democrat will be reelected Speaker in 2003.”
Weddington pointed out that 60% of Texas voters chose a Republican legislative candidate at the ballot box in 2000, but because of the unfair way that Democrats drew political boundaries in 1991, Republicans currently comprise only 48% of the Texas Legislature.

“Attorney General John Cornyn, Comptroller Carole Keeton Rylander and Land Commissioner David Dewhurst deserve much credit for standing firm against the unreasonable demands made by Democrats to protect incumbent politicians,” said Weddington. “The plans they adopted will justly and legally correct the course of Texas political history, and go a long way towards reversing the brutal gerrymandering inflicted by Democrats in 1991. Rather than punishing incumbents, the new redistricting plans will allow the voice of Texas voters to finally be heard.”

“Though it may be difficult, it is time for Laney and his supporters to accept the realities of a changing Texas,” said Weddington. “The maps adopted by the LRB are now the law of the land, and it would be wrong for Democrats to try to overturn Texas law just because they failed in the legislative process.”

“The only decision left for Pete Laney to make is how Texans will remember him: as a tenured statesman who gracefully exited the stage at the appropriate time, or as a bitter, past-his-time politician who would stop at nothing to maintain political power.”

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JULY 23, 2001

LONE STAR SCOOP

Legislative Redistricting Board to Discuss Proposed House and Senate Maps

The Legislative Redistricting Board will meet tomorrow to discuss and possibly take a vote on the proposed House and Senate maps.  The Board is scheduled to meet at 2 p.m  in the Capitol Extension Auditorium (E1.004).

The agenda for tomorrow's meeting is as follows:

1.  Meeting Called to Order and Quorum established.

2.  Testimony and comment on redistricting plans proposed by board members.

3.  Proposals and/or presentations by members of the Board on redistricting and/or
 redistricting plans, substitute plans and/or amendments to plans.

4.  Discussion and/or deliberation on redistricting plans, substitute plans and/or
amendments to plans.

5.  Discussion and/or deliberation on any or all testimony and comment that has
been provided to the Board on redistricting and/or redistricting plans.

6.  Consideration of and possible action on redistricting plans, substitute plans and/or
amendments to plans.

7.  Public comment.

8.  Consideration of, discussion and/or action on future meetings and hearings.

9.  Recess meeting and resume the meeting as needed.

10.  Adjournment (but not sine die).

It is important to note agenda item 10.  The Board will be adjourning tomorrow, but Sine Die will not be announced.  Sine Die literally means "without another day".  If the Board adjourns Sine Die, it will not meet again.  However, based on the agenda, it appears that the Board will hold future meetings to address redistricting.

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Splitting Hairs and VTDs

At approximately 10 p.m. last Friday, Chairman John Cornyn posted on the Internet a substitute to his House redistricting plan.   There was no press conference.  In fact, the state media did not have any stories in their weekend editions about the changes.  The only people who probably noticed were redistricting junkies who have kept a watchful eye on the process.

Cornyn's substitute contains 17 pairings (34 members) and  makes significant changes.  It splits 176 voter tabulation districts (precincts).  This is more than the 104 splits in his original plan.  The VTD splits are interesting because the Board adopted a rule earlier that "state representative districts drawn within a county must be drawn on the basis on whole voting tabulation districts subject only to such exceptions as are deemed by the LRB to serve a public purpose." (emphasis added)  Laney's proposal splits less than 20 VTDs.

What is even more interesting is that Cornyn selectively unpaired some incumbents.  A pair occurs  when two incumbents are placed into one district.  In his substitute plan, the following state representatives are unpaired:  Helen Giddings (D) and Yvonne Davis (D) in Dallas County; Bill Carter (R) and Glen Lewis (D) in Tarrant County; Joe Pickett (D) and Pat Haggerty (R) in El Paso County; and Roberto Gutierrez (D) and Juan Hinojosa (D) in Hidalgo County.  The unpairing of Gutierrez and Hinojosa may only be temporary.  Earlier today, Land Commissioner  David Dewhurst filed an amendment to Cornyn's substitute that would pair Gutierrez and Hinojosa again and place Representative Kino Flores (D-Palmview) in an entirely new district .  The Board will decide on the fate of his amendment.

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SBC Hires John Montford

Former Texas Tech Chancellor and Texas Senator John Montford has accepted a position as Senior Vice-president of External Affairs with SBC Communications.

Click here for the article.

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Cornyn May Question Tobacco Lawyers in State Court

The 5th Circuit Court of Appeals ruled today that Attorney General John Cornyn may question the tobacco lawyers in Harris County about the $3.3 billion fee arrangement by former Attorney General Dan Morales.  Morales is a possible candidate for the U.S. Senate currently held by Phil Gramm.

Click here for the details.

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JULY 19, 2001

LONE STAR SCOOP

Speaker Pete Laney Elected Vice Chairman of the Southern Legislative Conference

Texas House Speaker Pete Laney (D-Hale Center) has been elected vice chairman of the Southern Legislative Conference (SLC), a regional legislative group operating under the Council of State Governments.

Laney was elected to the post at the SLC's 55th Annual Meeting held July 14-18 in Savannah, Georgia.  He replaces Speaker Seth Hammett of Alabama, who was elected chairman of the organization.  Laney is a long-time active member of the SLC.  His term as vice chairman runs through August 6, 2002.

"The Southern Legislative Conference provides an important forum for state legislators to discuss issues of mutual concern," Laney said.  "It's a way for regional neighbors to share ideas and solutions.  I am honored that my colleagues chose me for this leadership position."

The SLC, founded in 1947, is the largest of four regional legislative groups operating under the Council of State Governments.  Texas is in a regional group with Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Virginia and West Virginia.

The SLC's mission is to foster and encourage intergovernmental cooperation among its 16 members states.  Its annual meeting has grown to become the largest regional gathering of state legislators in the country and remains the best attended meeting under the umbrella of the Council of State Governments.

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JULY 17, 2001

LONE STAR SCOOP

Chairman Delwin Jones:  Cornyn Redistricting Plan Discriminates

State Representative Delwin Jones (R-Lubbock) issued a statement criticizing the redistricting plan offered by Attorney General John Cornyn (R).  Cornyn chairs the five member Legislative Redistricting Board (LRB).  Representative Jones is the Chairman of the House Redistricting Committee and author of HB 150 which passed the Texas House of Representatives but failed to be adopted by the Texas Senate.  House Speaker Pete Laney, the lone Democrat on the LRB, has offered a modified version of HB 150 as his redistricting proposal.  

Jones' comments to the Legislative Redistricting Board members are as follows:

"If you adopt the Cornyn pairings plan, you will automatically remove 22 current House members from office in the 2002 election cycle. This discriminates against 3,058,000 citizens of Texas by removing their chosen representatives from office by a 'stroke of the pen' rather than by letting these Texans make the choice through the election process.  You will also remove over 200 years of experience from the Texas House of Representatives.  I repeat, by removing 22 members (over 200 years of House experience) you will truly disenfranchise 3,058,000 Texans."

"I urge you to support the modified HB 150.  It is the plan FAIREST TO THE PEOPLE OF TEXAS."

Jones also noted that Cornyn's plan puts at risk 10 minority legislators, 18 Committee Chairmanships, 9 Committee Vice-Chairmanships, and 9 positions on the powerful House Appropriations Committee.

The Legislative Redistricting Board will have its final meeting on July 24 to consider amendments and vote on the final House and Senate maps.  State Representative Tracy King (D-Uvalde) has offered an amendment to amend Cornyn's plan instead of Laney's plan.  His amendment modifies various districts in rural West Texas. By amending Cornyn's plan, he runs the risk of delegitimizing HB 150.  King voted for HB 150 when it was considered by the full Texas House of Representatives.  

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JULY 12, 2001

LONE STAR SCOOP

Texas Senator Tom Haywood (R-Wichita Falls) Dies of Heart Attack

State Senator Tom Haywood, a two-term Republican, died of an apparent heart attack this morning, according to an aide in his Austin office.  He was 61.  Haywood continued to serve his constituents this past legislative session despite his battle with Parkinson's disease.

More details will be provided as they become available.

Click here for the story.

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JULY 10, 2001

LONE STAR SCOOP

Legislative Redistricting Board Unveils Maps; Republicans to Dominate Texas Legislature

Legislative Redistricting Board members unveiled five maps today that will be the basis for final maps to be voted on July 24.  Acting Lieutenant Governor Bill Ratliff (R), Comptroller Carole Keeton Rylander (R), and Land Commissioner David Dewhurst (R) each unveiled a Senate map. Speaker Pete Laney (D) and Chairman John Cornyn (R) each unveiled a House map.

Ratliff's map is very similar to the Wentworth Plan that was approved by the Senate Redistricting Committee.  His map creates 17 Republican, 12 Democrat, and 2 toss-up districts.  The districts belonging to Senator Ken Armbrister (D-Victoria) in Southeast Texas and the Acting Lieutenant Governor are up for grabs.  Hidalgo County, a contentious area throughout the regular session of the Texas Legislature, continues to have three senators.

Dewhurst unveiled his plan, but did not provide statistical details.  However, observers noted that his plan would create close to 20 Republican seats.  In his plan, Hidalgo County gets two senators.  Senator Judith Zaffirini (D-Laredo) would no longer represent Hidalgo County.

Rylander unveiled a partially completed map.  She did not draw Senate maps in West Texas.  She said she needed more time to solve the population loss in rural West Texas.  In her plan, Hidalgo County gets two senators.   Republicans would presumably hold a majority in the Senate under her plan.

The maps for the Texas House of Representatives are a lot more interesting.  Speaker Pete Laney unveiled his map which is a modification of HB 150 (Jones Plan).  Republicans would hold a slight majority, but Laney could still be elected Speaker. After a brief presentation, he urged the Board members to approve it.  His request was greeted with laughter.  

Chairman John Cornyn unveiled a map that is the death knell of Democratic control in the Texas House of Representatives.  At an earlier meeting, he said that incumbency protection was not a factor the Board would consider and his map shows no mercy to incumbents. Cornyn said that he believes his map will be pre-cleared by the Justice Department under Section 5 of the Voting Rights Act and survive legal challenges.  However, his map pairs minority legislators that could be a violation of Section 2 of the Voting Rights Act.  Section 2 prohibits the dilution of minority voting strength or retrogression.  When determining whether retrogression occurred, the U.S. Department of Justice will analyze the proposed plan against a "benchmark" plan.  If minorities as a whole are not worse off than before, the plan could be approved, but still be subject to legal challenges under the U.S. and Texas constitutions.

Cornyn's map closely resembles the Marchant Amendment to HB 150 that was tabled on a very narrow vote.  At first glance, it creates more than 85 House Republican seats.  Several Democrats are paired including Representatives Juan Hinojosa (D-McAllen) and Roberto Gutierrez (D-McAllen) in Hidalgo County, Freshman Representatives Trey Martinez Fischer (D-San Antonio) and Mike Villarreal (D-San Antonio) in Bexar County, Representatives Elliot Naishtat (D-Austin), Glen Maxey (D-Austin), and Ann Kitchen (D-Austin) in Travis County, Representatives Ignacio Salinas (D-San Diego) and Judy Hawley (D-Portland) in South Texas, and several other Democrats in Harris County, Dallas County, West Texas, and East Texas.  Cornyn's map creates a new seat in South Texas with a base in Starr or Webb County.  Republicans in Cameron County get their long awaited seat.  Republican enclaves in Cameron County are consolidated in Representative Jim Solis' (D-San Benito) district.  Under Cornyn's plan, his district is now 56% Republican and 44% Democrat using statewide voting percentages.  

The Board will consider public testimony on the proposed maps on July 16 and take a final vote on July 24.  The State of Texas can submit the maps to the U.S. Justice Department for pre-clearance under Section 5 of the Voting Rights Act or the State can file a lawsuit in Washington, D.C. to expedite the pre-clearance process.  If the maps are submitted to the Justice Department, it  has up to 120 days to pre-clear them before they are used in any election.  Lawsuits are likely to be filed  in state and federal courts that will delay the final maps.  Settlement plans will probably be adopted for the March 2002 primaries.  

The Lege will provide a detailed analysis of the final maps adopted on July 24.

Republican Party of Texas Disappointed with Legislative Redistricting Board Maps

The following press statement is provided as a courtesy to readers of The Lege.

Statement by Susan Weddington, Republican Party of Texas Chairman:

“The members of the Legislative Redistricting Board should be commended for making a sincere effort to complete the legislature’s unfinished business and develop a reasonable redistricting plan for Texas. However, the proposals introduced by the Board today overlook several aspects of the redistricting process that are critical to the people of Texas.

“Specifically, the Republican Party is disappointed that the proposed plans do not adequately reflect the high rate of Republican growth in Texas over the last decade, do not significantly increase competition between the two political parties in predominantly Hispanic areas of the state, and do not create a sufficient number of open districts. The map that ultimately becomes law should correct these deficiencies.
“On behalf of grassroots Republicans voters all across the state, the Republican Party of Texas strongly encourages Board members to pass a fair plan that addresses these vital components of the redistricting process.”

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JULY 5, 2001

LONE STAR SCOOP

Congressional Redistricting Going to Federal Court

Governor Rick Perry has notified Acting Lieutenant Governor Bill Ratliff and House Speaker Pete Laney that he will not call a special session to address congressional redistricting.  A federal court must now draw a congressional map without any legislative guidance.  Federal courts usually defer to state legislatures for guidance on legislative intent.   In this case, a court will have to start from scratch.  It is worthy to note that a congressional map drawn by a federal court is not subject to pre-clearance under Section 5 of the Voting Rights Act.

Click here for the story.

Legislative Redistricting Board to Unleash Post-July 4 Fireworks

The five members of the Legislative Redistricting Board (LRB) will meet  next Tuesday, July 10, at 2 p.m. in the Capitol Extension Auditorium (E1.004) to unveil their House and Senate legislative proposals.  Attorney General John Cornyn (R), House Speaker Pete Laney (D), Acting Lieutenant Governor Bill Ratliff (R), Comptroller Carole Keeton Rylander (R), and Land Commissioner David Dewhurst (R) will each propose a House and Senate plan for consideration by the Board.  Contrary to earlier reports, public testimony will be allowed.  A public hearing on the plans will be held on July 16 at 9 a.m.  The Board will take a final vote on July 24 at 9 a.m.

Click on the dates for the official agendas:  

LRB Meeting on July 10, 2001        

LRB Meeting on July 16, 2001

A&M-Corpus Christi President Under Fire for $2 Million Donation

Texas A&M-Corpus Christi President Robert Furgason will ask a judge tomorrow to issue a gag order on a controversial $2 million donation given by a 99 year-old woman in order to prevent a media circus.  A lawsuit has been filed asking a court to invalidate the donation because the woman suffered from dementia.

Click here for the details.

Raymond:  Governor Perry Owes Secretary of State Cuellar An Apology

Note:  The press release is printed in its entirety as a courtesy to readers of The Lege.

In light of a recent interview in the San Antonio Express News in which Secretary of State Henry Cuellar disclosed that Governor Perry failed to consult with him before he vetoed legislation that called for a study of border health care needs, State Rep. Richard Raymond (D-Laredo) today called on the Governor to explain why he "failed to seek input from or even notify the person in his administration who he has repeatedly said is his primary adviser on border affairs before vetoing the bill."

"Clearly, the Governor owes Secretary Cuellar an apology and he owes the people of South Texas and the border an explanation for his refusal to consult with border legislators before his reckless use of the veto on more than a dozen bills aimed at improving conditions for border residents," Raymond said.      

"Day after day we are told that Secretary Cuellar serves as the Governor's eyes and ears on border issues and that his knowledge of these issues will be used to shape policy decisions," Raymond said.   

"But now we learn that when an issue of paramount importance to the people of this region - the chronically underserved health needs of border residents - comes before the Governor, the bill is vetoed without even a phone call to Secretary Cuellar," Raymond said.

Raymond said he first discovered that the Secretary of State was unaware of the Governor's veto when he and several other legislators questioned Cuellar on the House floor the morning after the Governor's action.

"Historically, Governors have used their veto power as an important symbol of what they stand for or oppose," Raymond said. "All of us wanted to know why the Governor would single out a bill providing for a much needed border health study to be his first veto.

"When we asked Secretary Cuellar about the issue, we were astonished to learn that he didn't even know the Governor had vetoed the bill and admitted he had not been consulted prior to the veto," Raymond said. "In fact, according to Henry, at that point he still had not been notified of the action by the Governor's staff.

"It's a strange way to treat your in-house `Border Expert' who is supposed to be your eyes and ears along the border," Raymond said. "If he's supposed to be the Governor's right-hand man on border issues, I guess the Governor must be left-handed."

Raymond said the fact that the Governor didn't think it was important enough to consult with a member of his own administration before vetoing a key piece of border legislation provides insight into the Governor's decision making process.

"It's the same flawed process that led him to kill other key legislation designed to help border residents without consulting with the bills' sponsors," he said.

"The Governor needs to come clean and tell us if this is the same process he followed when he decided to kill other important border bills such as Sen. Zaffirini's Medicaid restructuring bill and the "prompt pay" bill that would have prevented HMOs from dragging out reimbursement payments to doctors in an area where we already have an acute shortage of doctors.

"Did he or did he not consult with Secretary Cuellar on these equally important bills? Did he even bother to talk to him, and if he did, what advice did he get? Or did he veto them without consulting with his in-house border expert?" he asked. "That question needs to be answered."  

Raymond said he personally had no trouble finding out about the Governor's first veto.

"By Sunday night the buzz was all over the capitol. From the moment we came in on Monday my staff was fielding calls from people who were puzzled about the reason for the Governor's veto of a completely non-controversial bill that wouldn't have cost the taxpayers a single penny," Raymond said.

"Yet apparently no one in the Governor's office thought to call the Secretary of State to tell him about the veto," Raymond said. "This is a serious oversight and the Governor needs to provide some answers."

State Senator Eliot Shapleigh of El Paso authored the vetoed health study bill.

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JULY 4, 2001

Happy Fourth of July!

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JULY 3, 2001

LONE STAR SCOOP

Austin Magazine Recognizes MyCapitol.com

Austin Magazine, a publication that is considered "your source for all the best of Austin," recognized MyCapitol.com as an authoritative website on the Texas Legislature in its Summer 2001 edition.  Graham Shelby, the author of an article on how the Texas Legislature gets the state's business done, cited MyCapitol.com as the website to visit for legislative information.

MyCapitol.com humbly thanks Austin Magazine and Graham Shelby for the recognition and honor.

Texas' Toughest Grandma Opposes Bombing in Kenedy County

The White House received bad news today when Comptroller Carole Keeton Rylander (R) announced her opposition to the proposed bombing exercises in Kenedy County.  "Bombing Texas beaches just doesn't make sense," Rylander said.  She is the first statewide official to publicly oppose the proposed plan.  Karl Rove, the President's chief political strategist, convinced the President to end bombing exercises on Vieques Island in Puerto Rico in order to appeal to Hispanic voters.  Congressman Solomon Ortiz (D-Corpus Christi) and local business officials believe that bombing Kenedy County will have economic benefits.  

Land Commissioner David Dewhurst (R), a member of the Legislative Redistricting Board and candidate for Lieutenant Governor, has not taken a stance on the proposed bombing plan even though his office has jurisdiction over Texas' beaches.

Read the details.

Texas Tech Chancellor Steps Down

After almost five years as Texas Tech Chancellor, former Texas Senator John Montford is saying good-bye to the Red Raiders.  Today he announced plans to step down on September 3.

"This has been the most difficult decision for Debbie and me, and it was not arrived easily.  The Texas Tech students, faculty, and staff are the best in the world.  It has been a privilege to work along side them.  Texas Tech's future is bright and Debbie and I are grateful and honored to have been part of it." Montford said.

Montford plans to pursue opportunities in the private sector, but is not certain whether he will remain in Lubbock.  No political plans have been mentioned.

Henry Cisneros Still Under Investigation

Despite receiving a presidential pardon, Henry Cisneros is still being investigated by David Barrett, an independent counsel who has spent $15 million investigating Cisneros' activities.  Earlier today, an appeals court gave Barrett the green light to continue his six year investigation.

Cisneros has been mentioned as a possible candidate for public office in Texas, but he has refused to make any commitments.  Cisneros is the founder of American CityVista, a home building company in San Antonio.

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 JUNE 2001
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June 28, 2001

LONE STAR SCOOP

What do Rick Perry and Tony Sanchez Have in Common?

It's not that they are seeking to be Texas' truly elected governor or that they will both have very well financed campaigns. Rather, it is that they "suck" on the Internet.  A cursory review by The Lege found that the domain names rickperrysucks.com and tonysanchezsucks.com, .net, .org have been registered.  What is not clear is whether the names were preemptively registered by the respective campaigns.  There is no posted information on the websites, but as the gubernatorial campaign heats up so will the cyberwars.

Rick Perry's official website is rickperry.org.  Tony Sanchez has yet to post anything at tonysanchez.com.  Marty Akins has his website running at martyakins.com.  John WorldPeace, an attorney who legally changed his name to WorldPeace, has his at johnworldpeace.org.

D.C. ODDS & ENDS

1-800-SUE-HMOS

Trial lawyers are public enemy number one for the Bush White House.  He hated them in Texas and he will hate them even more if the Patients' Bill of Rights passes Congress.  The President has threatened to veto the bill because it will allow patients to sue HMOs in state and federal courts and recover damages up to $5 million.  In 1997, Bush allowed a bill to become law without his signature that gave patients a limited right to seek legal recourse against HMOs.  The bill was authored by Senator David Sibley (R-Waco) who is currently running for lieutenant governor.

For the latest updates, click here.

A Summary of D.C. Fights

The tone in Washington is still the same since Bush arrived.  A historic tax cut was signed but bickering is rampant and W is slipping in the polls.  Howard Kurtz of The Washington Post succinctly describes the political activities in Washington.

Click here for the article.

Microsoft Forever

Call your stockbroker and buy Microsoft stocks. The proposed breakup of software giant Microsoft is history for now.  An appeals court in Washington, D.C. has vacated the judgment to split the company and chastised U.S. District Judge Thomas Penfield Jackson for conduct unbecoming of a judge.

During the presidential campaign, then candidate George W. Bush did not support the lawsuit against Microsoft.  He believed in "innovation not litigation."  Stay tuned to see if U.S. Attorney General John Ashcroft will pursue the matter any further.

Click here for the story.

Copyright 2001 Public Trends. All Rights Reserved.
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June 27, 2001

LONE STAR SCOOP

Congressional Maps Redux

Next week the Senate Redistricting Committee is scheduled to consider debating and amending the proposed congressional map that was unveiled yesterday.  Today, The Lege obtained a color coded map with the incumbents' addresses, and it reveals more than what was reported yesterday.   Contrary to news accounts this morning, the new South Texas district which includes Webb County is not really an open seat.  Congressman Ruben Hinojosa (D-Mercedes) was not paired with Congressman Solomon Ortiz (D-Corpus Christi) after all.  Instead, Hinojosa was placed in the new South Texas district which stretches from the southern border of Hidalgo County, up to Webb County, and then up a corridor to Austin County. Ortiz was placed in a district that was previously represented by Hinojosa. Ortiz's old district, District 27 sans Nueces County, is an open seat.

The Senate proposal is not the same as the House map adopted by the House Redistricting Committee.  In that map, Webb County was the base for a new open congressional seat and North Texas received the second seat.  The Senate proposal keeps a seat in South Texas, but creates a second seat in the Houston-Galveston area.  

If the Webb County seat remains an open seat after court challenges, potential candidates could be State Representative Richard Raymond (D-Laredo), Secretary of State Henry Cuellar, and former State Representative Hugo Berlanga.  Senator Judith Zaffirini (D-Laredo) previously said she is not interested in going to Congress.

The Lower Rio Grande Valley could also see some action if Ortiz is placed in a new district.  Potential candidates for an open seat in Cameron County could be Senator Eddie Lucio (D-Brownsville), Cameron County Judge Gilberto Hinojosa, State Representative Jim Solis (D-San Benito), and State Representative Rene Oliveira (D-Brownsville).  Candidates from Hidalgo County or Kleberg County are also likely to emerge.

Copyright 2001 Public Trends. All Rights Reserved.
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June 26, 2001

LONE STAR SCOOP

Who Drew the Congressional Map?

As state senators and representatives testified before the Legislative Redistricting Board on why their political careers should survive beyond the 77th Texas Legislature, the Senate Redistricting Committee considered the future of congressional and state board of education districts.  The highlight came when Chairman Jeff Wentworth laid out a congressional plan that creates more Republican congressional seats.  Under the plan, 17 Republicans and 15 Democrats would comprise the new Texas delegation in the U.S. House of Representatives.  The current breakdown is 17 Democrats and 13 Republicans.  When asked about the author of the plan, the Chairman responded that several concerned individuals worked on the plan.  No specific names were mentioned.

Congressional redistricting is very important to The White House and Republicans.  It will determine which party controls the U.S. House of Representatives.  The key Republican players are Congressmen Tom "The Hammer" Delay (R-Sugarland) and Joe Barton (R-Ennis).  Congressman Martin Frost (D-Dallas) is leading the redistricting efforts for Texas Democrats.

The plan is fresh off the printer, but two observations can be made.  A new congressional district is created in South Texas. It stretches from Webb County to South East Texas, and Congressman Solomon Ortiz (D-Corpus Christi) is paired with Congressman Ruben Hinojosa (D-Mercedes).  Under the plan, Cameron County, Willacy County, Kenedy County, Kleberg County, and parts of  Hidalgo County would comprise an open seat in South Texas.  

If a consensus on congressional maps can be reached between the Texas Senate and Texas House of Representatives, a special session may be called.  If not, a federal judge will draw the congressional seats.

Stay tuned.

Copyright 2001 Public Trends. All Rights Reserved.
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June 25, 2001

LONE STAR SCOOP

Double Dose of Redistricting

The Legislative Redistricting Board will meet tomorrow at 9 a.m. in the Texas Capitol Extension Auditorium to hear testimony from Texas Senators and Representatives regarding redistricting.  Discussion will likely focus on the Jones and Marchant Plans that were debated in the Texas House of Representatives and the Wentworth Plan and Sibley Amendment which were offered in the Texas Senate.

With the possibility of a special session still looming, the Senate Redistricting Committee will meet at 1:30 p.m. in the Betty King Committee Room to take testimony on congressional and state board of education redistricting.  Governor Rick Perry said earlier that he would call a special session if consensus can be reached on congressional redistricting maps.  The House Committee on Redistricting approved a congressional map before the Texas Legislature adjourned sine die.

Hopwood Still Law of Land in Texas

The U.S. Supreme Court dealt a serious blow to The University of Texas at Austin today when it denied to review the Hopwood case.  The ruling banned affirmative action in higher education in Texas, and has placed Texas at a competitive disadvantage with other universities that do consider race in university admissions.  Hopwood only applies to the Fifth Circuit states, which include Texas, Louisiana, and Mississippi.    The Texas Attorney General and University officials hoped for clear guidance from the court on whether race could be considered as a factor in university admissions.  A denial to review a petition for writ of certiorari does not mean that the Supremes agree with the findings of the Fifth Circuit Court of Appeals.  Rather, the petition did not garner the necessary four votes from the justices to merit review.  

Amidst the historic vetoes from Texas' unelected governor is a bill that is intended to address the Hopwood effect at the graduate and professional school levels. HB 1641 by State Representative Irma Rangel, Chair of the House Higher Education, permits general academic teaching institutions and medical and dental schools to consider various factors to achieve economic, geographic, and social diversity.  The factors are race-neutral and are intended to prevent the "brain drain " that has occurred after Hopwood.

Rangel is the first Mexican American woman elected to the Texas House of Representative and is the author of the now famous "10 Percent Plan," which has resulted in increased diversity at undergraduate academic institutions across Texas.

Call 911:  Jenna and Barbara Are on the Web

If you missed the story about the Bush sisters in the recent edition of People Magazine, don't worry.  There is a website solely dedicated to the youthful indiscretions of Jenna and Barbara Bush. TheFirstTwins.com is a private site with all sorts of information about the First Daughters, including the recent alcohol incident at Chuy's restaurant in South Austin.

Chuy's, a wannabe Tex-Mex restaurant that The Washington Post accurately described as serving mediocre food and killer margaritas, recently apologized to the Bush family for calling 911 to report that the twins were violating state drinking laws.  The twins go to court in early July.

Gladiator Coming to Texas Sans the Lions

If there is anyone mightier than Governor Rick Perry's veto pen, that person is Gladiator star and Academy Award winner Russell Crowe.  Crowe and his band, the 30 Odd Foot of Grunts (TOFOG), will be performing at Stubbs BBQ in Austin on August 18 to celebrate Sydney Perry's 15th birthday.  All proceeds will go to Settlement Home, an organization dedicated to helping troubled youth.

Copyright 2001 Public Trends. All Rights Reserved.
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June 22, 2001

LONE STAR SCOOP

Representative Richard Raymond to Boycott Governor Rick Perry's Speech in San Antonio

State Representative Richard Raymond (D-Laredo) intends to boycott Governor Rick Perry's speech to the annual meeting of the Southwest Voter Registration Education Project tonight in San Antonio.

"While I strongly support the work of this great organization, and the late Willie Velasquez continues to be one of my personal heroes, I cannot in good conscience sit silently by while Governor Perry tells us once again about his deep concern for the people of South Texas. It would be the worst kind of hypocrisy for me to sit there and listen to him laud his accomplishments when he's shown such a callous disregard for the work of the Legislature and a lack of concern for the needs of thousands of families along the border," Raymond said.

Raymond criticized Perry for his recent vetoes saying they were "a monumental mistake that sent a clear message to every Texan about the real importance of the border region to the Perry administration."  Several bills that were vetoed would have benefitted border communities.

During the Governor's State of the State address, Perry stressed the importance of the border region by saying, "If the border succeeds, Texas succeeds."  

LULAC Slams Texas Monthly Rankings

The Texas office of the League of United Latin American Citizens, the nation's largest and oldest Latino based civil rights organization, slammed Texas Monthly for designating Senators Carlos Truan (D-Corpus Christi) and Mario Gallegos (D-Houston) and State Representative Domingo Garcia (D-Dallas) as three of the "Worst Legislators" in the Texas Legislature, but offered no criticism for designating Senator Judith Zaffirini (D-Laredo) and Representative Juan Hinojosa (D-McAllen) as two of the "Best Legislators".  LULAC was critical of Texas Monthly for not giving Truan, Gallegos, and Garcia credit for legislation that benefitted the Hispanic community.  

"We don't need negative opinions to perpetuate any unnecessary assumptions or prejudices.  Texas LULAC can only assume that low-rating a Hispanic legislator is good business for Texas Monthly," said Vincent Ramos, State Executive Director.

"The magazine reflects a segment of our Texas community that most Hispanics cannot relate to, but  that most upper middle class Whites do.  The glossy pages of ads for Nieman Marcus, Rolex watches and other luxury goods immediately tell you that its subscriber base largely consists of affluent yuppies in gated communities," Ramos said.

Copyright 2001 Public Trends. All Rights Reserved.
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June 21, 2001

LONE STAR SCOOP

 Texas Monthly Announces Selection of Its "Best and Worst Legislators"
Governor Rick Perry Listed as "Furniture"; Special Awards Given

At a press conference earlier today Texas Monthly announced its selection of the best and worst legislators for the 77th Texas Legislature.  This is the fifteenth time in the magazine's history that it has chosen Texas legislators based on their performance.  Paul Burka, the senior executive editor, and Patricia Kilday Hart, a writer-at-large, made the selection, published on pages 76-88 in the July 2001 issue.  This is Burka's fourteenth and Hart's seventh time to report the story.  

At the press conference, Burka said, "Two elements go into the making of a best legislator.  The first is performance in the current legislative session....The second element is reputation...Successful legislators practice what is taught in kindergarten--how to play on the playground and work well with others."

Best Legislators
Representative Garnet Coleman (D-Houston) for his "praiseworthy performance" on Medicaid issues.

Senator Robert Duncan (R-Lubbock) for his active involvement on various issues, including workers' compensation reform and DNA testing of prison inmates.

Representative Jim Dunnam (D-Waco) for his leadership on "charter-school reform and tougher restrictions on open containers of alcohol."

Senator Rodney Ellis for (D-Houston) for his leadership on the budget and hate crimes legislation.

Representative Juan Hinojosa (D-McAllen) for his criminal defense reform efforts.

Lieutenant Governor Bill Ratliff (R-Mount Pleasant) for his moral leadership and guidance.

Representative Paul Sadler (D-Henderson) for passing state-funded teacher health insurance.

Representative Senfronia Thompson (D-Houston) for her work on the hate crimes bill and for being the "best bill passer."

Representative Arlene Wohlgemuth (R-Burleson) for her conservative leadership in the Texas House.

Senator Judith Zaffirini (D-Laredo) for "increasing state spending on poor children's health care."

Worst Legislators
Senator John Carona (R-Dallas) for being a tool of the "industry representatives."

Representative Gary Elkins (R-Houston) for being a "small fish" that fails to swim in the "dangerous waters of floor debate and important bills."

Senator Mario Gallegos (D-Houston) for confusing "ranting with representing."

Representative Domingo Garcia (D-Dallas) for being a "one man leper colony."

Representative Rick Green (R-Dripping Springs) for his "ethical pratfalls," including appearing in an informercial for a company that sells nutritional supplements to "supercharge your brain."

Representative Suzanna Gratia Hupp (R-Lampasas) for wasting her talents in not seeking respect of mainstream Republicans.  She is considered the "belle of the Black Helicopter Caucus, the name given by mainstream Republicans to a small group of their dissident and alienated brethren."

Senator Chris Harris (R-Arlington) for being the "biggest, meanest bully in the Texas Legislature."

Representative Fred Hill (R-Richardson) for "starting out with the best intentions, he ends up with the worst of results."

Senator Mike Jackson (R-La Porte) for being the "pluperfect example of furniture - a legislator so inconsequential that he is indistinguishable from the desks and chairs."

Senator Carlos Truan (D-Corpus Christi) for practicing "in the art of longevity - and nothing else...He doesn't do his homework nor does he contribute; he take's up everybody's time."

Furniture
The award is given to recognize "those who participated little more than the desks and chairs."

Governor Rick Perry is the sole recipient for having a "legislative program lighter than helium" and for failing to lead.

Honorable Mention (Special Award)
Speaker Pete Laney (D-Hale Center)

Representative Fred Bosse (D-Houston)

Representative Kim Brimer (R-Fort Worth)

Representative Judy Hawley (D- Portland)

Senator Steve Ogden (R-College Station)

Senator Royce West (D-Dallas)

Tomb of the Unknown (Special Award)
This award "commemorates the anonymous legislative hero who, after many years of combat, fell from the heights."

Senator David Sibley (R-Waco) and candidate for Lieutenant Governor is the sole recipient.

Best Quip (Special Award)
Senator Buster Brown (R-Lake Jackson):  "I thought Senator Moncrief was the official health nut."

Best Yogi Berra-ism (Special Award)
Representative Tommy Merritt (R-Longview) on who helped him draw a particular redistricting plan:  "Single-handedly, with the help of others."

Most Dubious Argument (Special Award)
Senator Eddie Lucio (D-Brownsville) on delaying the starting date of a school year:  "Not one of the Senators on the floor today started school before Labor Day and we all turned out fine."

Best Prop (Special Award)
Representative Gene Seaman (R-Corpus Christi) for inflating a life vest on the House floor to protest a redistricting map that paired him with Representative Ignacio Salinas (D-San Diego).

Copyright 2001 Public Trends. All Rights Reserved.
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June 20, 2001

LONE STAR SCOOP

Cornyn Issues Redistricting Guidelines to Lawmakers

In preparation for the June 26 meeting of the Legislative Redistricting Board, Attorney General John Cornyn recently sent the following letter to all Texas lawmakers regarding proposed redistricting plans and the content of any oral or written testimony:

Dear Senator/Representative:

Several legislators have called my office with questions about the Legislative Redistricting Board.  I hope that this letter will answer most of the basic questions about the process.

The Board convened on Wednesday, June 5, and scheduled the following five additional meetings: 1) 9:00 a.m. on Monday, June 18, to hear testimony and comment from the public; 2) 9:00 a.m. on Tuesday, June 26, to hear testimony and comment from Legislators; 3) 2:00 p.m. on Tuesday, July 10, for members of the LRB to lay out plans to be considered by the LRB; 4) 9:00 a.m. on Monday, July 16, for additional testimony and comment from the public and from Legislators regarding the proposed LRB plans; and 5) 9:00 a.m. on Tuesday, July 24, to take action on the proposed plans.  The Board expects to meet in the Capitol extension auditorium, which is room E1.004 at 1100 Congress Avenue, Austin, Texas.

If you have any comments or proposed plans for the Board to consider, you may offer them in writing or orally.  To be fully considered, all comments and plans should be submitted on or before June 26.  Since I am serving as Chairman, written materials may be submitted to me; written items that I receive will be included in the Board's official records, if you so request.  If you prefer to make an oral presentation, please plan to be at the June 26 meeting, which is devoted solely to Legislators.  If you cannot be present that day, you may designate someone to speak on your behalf.

Please note that it is not necessary to duplicate the proceedings that occurred before the House and Senate committees. The Legislature collected a significant amount of information and citizen comment, and the Board plans to use the results of all that effort.  Therefore, all of the testimony that was presented to the Interim Committees, as well as all of the testimony during the Session, is being copied into the record of the Board.  It is not necessary to provide the same exhibits or the same testimony that has already been presented.

Despite the very large record before the committees, there have been some issues that people have not had a chance to comment about.  For example, some of the plans offered on the floor were not before the committee.  Therefore, the most useful comments will be ones that address new issues and that do no repeat information that is already in the record.

Please also note that the Board has adopted specific criteria for drawing districts.  Copies of the House and Senate criteria are enclosed.  These criteria are based on the U.S. and Texas Constitutions, federal statutes, and relevant case law.  In other words, the criteria summarize the requirements for a legally valid redistricting plan.  If you choose to submit a map or a proposed plan, please review the criteria to make sure that your proposal will fit within all of the legal requirements.

Finally, please note that the most useful maps and proposed plans are those that either cover the entire state, or relate to a plan that covers the entire state.  If you do not have a proposed map for the entire state, then the best alternative is to propose an amendment to one of the statewide maps that have already been proposed.  Of course, you are not required to submit any maps or proposals.  At the other extreme, and only if you wish to do so, you could submit two or three proposals, i.e., one that would amend each of the statewide plans that were offered during the Session.

You have the right to submit proposed boundaries for your district without showing how those boundaries tie together with adjoining districts.  But the Board will not be able to reconcile all of the single district maps that various people submit because those maps will overlap, leave gaps and have other inconsistencies.  Given the very short time allowed by the Texas Constitution, the Board has no choice but to focus on the final task -- producing a map that covers the whole state.  That is why we ask that you offer a map that covers the entire state (or offer an amendment to such a map).

To summarize, every legislator's comments are important and we look forward to hearing from you at the June 26 meeting or in writing.  The most productive and useful comments will be those that are timely, that comply with the criteria, and that relate to the entire state (or relate to a proposal that covers the entire state). (emphasis added)

If you have any additional questions, please do not hesitate to contact Special Assistant Attorney General John Greytok.  His direct dial number is 512/936-1874.

Very truly yours,
/s/
John Cornyn
Chairman, Legislative Redistricting Board

During the 77th Regular Session of the Texas Legislature, the Texas House of Representatives considered two statewide redistricting proposals:   HB 150 by Representative Delwin Jones (R-Lubbock) ("Jones Plan") and a proposal by Representative Kenny Marchant (R-Carrollton) ("Marchant Plan"), which he offered as an amendment to HB 150.  The Jones Plan created more Republican seats, but House Republicans complained that it didn't maximize Republican voting strength like the Marchant Plan.  The Marchant Plan was tabled and the Jones Plan narrowly passed the Texas House.  The Senate Committee on Redistricting voted out the Jones Plan, but it was never considered by the full Texas Senate. It is likely that any House statewide proposals will be based on either the Jones or Marchant Plans.

The Texas Senate did not vote on a Senate redistricting plan.  Senator Jeff Wenworth sponsored SB 499 ("Wentworth Plan"), but a vote was not taken. Senator David Sibley, who is now a candidate for Lieutenant Governor, offered an amendment to the Wentworth Plan which would have created more Republican seats, but the amendment was not considered by the full Senate.  Senators are likely to base any statewide proposals on the Wentworth Plan or Sibley amendment.  

Copyright 2001 Public Trends. All Rights Reserved.
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June 18, 2001

LONE STAR SCOOP

Perry Vetoes 78 Bills

The political obituary  for the 77th Regular Session of the Texas Legislature has been written courtesy of Texas Governor Rick Perry.   For a detailed listing of all the bills vetoed by the Governor, click here.

Copyright 2001 Public Trends. All Rights Reserved.
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June 12, 2001

REDISTRICTING 2001 EXCLUSIVE

 Tips on Testifying Before the Legislative Redistricting Board

Pursuant to Article III, section 28 of the Texas Constitution, The Legislative Redistricting Board convened last week and agreed to schedule five hearings in which to consider redistricting state house and senate districts. The Legislative Redistricting Board is responsible for drawing new state districts because the Texas Legislature failed to do so before May 28, 2001. The Board does not have jurisdiction over congressional districts.  Acting Lieutenant Governor Bill Ratliff (R), House Speaker Pete Laney (D), Attorney General John Cornyn (R), Comptroller Carole Keeton Rylander (R), and Land Commissioner David Dewhurst (R) comprise the Board.  The Chairman of the Board is Attorney General John Cornyn.

The five hearings will be held in the Texas Capitol Extension Auditorium (E1.004) on the following dates and times:

June 18, 2001     9 a.m.     Public Testimony and Proposals on Redistricting               Official Agenda
June 26, 2001     9 a.m.     House and Senate Members' Testimony and Proposals    Official Agenda
July 10, 2001      2 p.m.     LRB Members' Proposals.  No Testimony Allowed.
July 16, 2001      9 a.m.     Public and Legislative Testimony on LRB Proposals
July 24, 2001      9 a.m.     Final Vote on LRB Proposals

Public testimony is part of the redistricting process, and Board members want to hear how Texans feel about redistricting. Because of the 60 day constraint imposed by the Texas Constitution, concerned citizens will only have two opportunities to testify before the Board about redistricting.  If you plan to testify on June 18, 2001 or July 16, 2001, the following tips are provided for your consideration:

Know Your Audience.  Redistricting is a complicated legal and political process that will not be easily resolved.  The Board members are not redistricting experts and are meeting to fulfill a constitutional duty.   However, they have attorneys and staff who will advise them about your testimony.  Be respectful of the time and effort the members will dedicate to this difficult task.  Even though you will be addressing the Board, there will be legislators, lobbyists, political leaders, and other interested parties in the audience listening to what you have to say.  Don't be intimidated.  Stay focused on the five Board members.  They are the ones who will ultimately draw and vote on the official plans.  

Follow the Rules.  All witnesses must register prior to testifying before the Board.  The witness forms will be available at the entrance of the auditorium.  If you plan to submit redistricting proposals to the Board or ask a particular Board member to submit a proposal on July 10, 2001, the proposals must be prepared in accordance with the following guidelines adopted by the Legislative Redistricting Board:

Information Required for LRB Consideration of a Proposal or Amendment
Redistricting Guidelines:  Texas Senate
Redistricting Guidelines:  Texas House

If you are an employee of the State of Texas or the Texas Legislature, speak with your agency or department supervisor to determine if you can testify.  State employees are prohibited from lobbying members of the Texas Legislature.  State employees cannot testify "for" or "against" legislation.  However, they can be resource witnesses and testify "on" legislation. Since the Board members will be hearing general testimony about redistricting and not considering any specific piece of legislation, the lobby prohibition may not apply.   Consult your personnel manual to be sure.

The Public Information Act and the Open Meetings Act govern the activities of the Legislative Redistricting Board.  All public testimony, map proposals, and correspondence to members of the Legislative Redistricting Board are subject to public disclosure.   Requests for public information can be made by calling the open records toll-free number:  1-877-OPEN TEX.

Submit Written Testimony.  Any presentation to the Board must be clear, concise, and factual.   If you are submitting written testimony, make at least 15 copies and present them to the Board's staff  prior to your presentation.  Your oral presentation should be a summary of your written testimony.  Do not read your testimony.  Your presentation should not last more than two to three minutes.   Your testimony is part of the legal record and may be used in court.

Protocol is important when testifying before the Legislative Redistricting Board.  Begin your presentation by recognizing the Chairman first and then the Board members.  The following introductory statement should suffice:  "Chairman Cornyn, members of the Legislative Redistricting Board.  Thank you for the opportunity to testify about this very important issue.  My name is_______ and I represent self/interest group/political party, etc."

After the introductory statement, briefly summarize key facts you want the Board to remember about redistricting or your written testimony.   Once your presentation is done, thank the committee members and offer to answer any questions they may have.   Respond to any questions by using the member's appropriate title, e.g. Chairman Cornyn, Speaker Laney, etc.

NOTE:  If you cannot attend any of the public hearings to present written testimony, you can contact the Board members directly at the following addresses:

The Honorable John Cornyn
Chairman
Legislative Redistricting Board
P.O. Box 12548
Austin, Texas 78711-2548
(512) 463-2100
The Honorable Bill Ratliff
Acting Lieutenant Governor
Capitol Station
P.O. Box 12068
Austin, Texas 78711
(512) 463-0001
The Honorable Pete Laney
Speaker of the House
P.O. Box 12548
Austin, Texas 78711-2548
(512) 463-1000

The Honorable Carole Keeton Rylander
Texas Comptroller of Public Accounts
Capitol Station
P.O. Box 13528
Austin, Texas 78711-3528
(512) 463-4444
The Honorable David Dewhurst
Texas General Land Office
P.O. Box 12873
Austin, Texas 78711-5001
(512) 463-5001

Focus on Communities of Interest.  A paramount consideration in drawing legislative districts is preserving communities of interest within applicable legal constraints.  A community of interest can be an ethnic neighborhood, a school district, or a geographic area that receives the same newspapers, television stations, or public services.  There is no predetermined number of communities of interest.  If you want the Board members to preserve a particular community of interest, clearly identify it and explain how a particular district configuration will affect the community.

Incorporate the Voting Rights Act. The Voting Rights Act was passed by the U.S. Congress in 1964 and implemented in Texas in 1975.  Because of Texas' history of discrimination against ethnic minorities, all redistricting plans must be pre-cleared by the U.S. Department of Justice pursuant to Section 5 of the Voting Rights Act.   Minority voters cannot be "packed" or "fractured" in any plan, and any dilution of minority voting strength could be a violation of Section 2 of the Voting Rights Act.  Your testimony should make references to the Act.  Any map proposals you submit must not disenfranchise minority voters.

Refrain from Making Political Contributions.  Even though Legislative Redistricting Board members can receive an unlimited amount of political contributions while they consider drawing state legislative districts, they cannot receive contributions "inside" the Texas Capitol.  Making political contributions inside the Texas Capitol to influence a district's configuration is illegal and unethical.   Therefore, if you plan to testify, leave your checkbook at home.

Recognize What's at Stake.  Redistricting is about power.  The new district lines are important because they will ultimately determine which political party controls the Texas Senate and Texas House of Representatives.  There are currently 16 Republicans and 15 Democrats in the Texas Senate and 78 Democrats and 72 Republicans in the Texas House of Representatives.  Any change in a district's configuration can alter the balance of power in the Texas Legislature.  Both Republicans and Democrats have a lot at stake in redistricting.  Senate Republicans want to keep or expand their majority in the Texas Senate and House Republicans want to take control of the Texas House of Representatives.  House Democrats want to preserve the status quo.  During the Regular Session of the 77th Texas Legislature,  both parties drew maps that protected their interests.  However, none of the maps made it through the legislative process.  Thus, there are no official maps.

Four Republicans and one Democrat comprise the Legislative Redistricting Board, and capitol observers speculate that the Board will adopt maps that will give Republicans strong majorities in both the Texas Senate and Texas House of Representatives.  However, the redistricting maps adopted by the Board must comply with the U.S. Constitution, federal and state laws, and survive legal challenges in state and federal courts.  In other words, the Board will not have the last say in this matter.   Final Senate and House maps will not be ready until all the litigation is resolved.

Enjoy the Process.  Redistricting happens once every ten years.  Smile, laugh, and have fun at the Texas Capitol!

Cornyn Rules Ratliff Can Serve on Legislative Redistricting Board

Attorney General John Cornyn and Chairman of the Legislative Redistricting Board ruled today that Acting Lieutenant Governor Ratliff can serve on the Legislative Redistricting Board.  General Cornyn responded to a request by the Acting Lieutenant Governor after questions were raised about the legality of his service.

In his opinion, JC-0388, Cornyn reasoned that the "plain language" in article III, section 9 and article III, section 28 of the Texas Constitution was determinative.  Article III, section 9 provides that the Senate, in case of a vacancy of the Office of Lieutenant Governor, elect one of its own members who "shall perform the duties of the Lieutenant Governor."  Article III, section 28 specifies the composition and duties of the Legislative Redistricting Board.  

Cornyn concluded the following:  "The person elected to perform the duties of the Lieutenant Governor under the terms of article III, section 9 of the Texas Constitution is required, as one of those constitutional duties, to serve as a member of the Legislative Redistricting Board.....Because that individual is required to serve as a member of the Legislative Redistricting Board, it naturally follows that the fact of his service thereon will have no legal adverse impact on any redistricting plan adopted by the Board."

Copyright 2001 Public Trends. All Rights Reserved.
_______________________________________


June 6, 2001

LONE STAR SCOOP

Legislative Redistricting Board Convenes for Constitutional Task
John Cornyn Elected Chairman of Board; Future Hearings Scheduled

Meeting for the third time since 1948, the Legislative Redistricting Board (LRB) convened to draw house and senate districts pursuant to Article III, section 28 of the Texas Constitution.  Acting Lieutenant Governor Bill Ratliff (R), House Speaker Pete Laney (D), Attorney General John Cornyn (R), Comptroller Carole Keeton Rylander (R), and Land Commissioner David Dewhurst (R) comprise the Board.  The Board has 60 days to complete its task.

Today's meeting began with Senator Bill Ratliff clarifying his role on the LRB.  He issued a statement saying  he was not voting on any material matters pending an opinion by Attorney General John Cornyn regarding the legality of his service on the Board.  Ratliff said that questions have been raised about whether he can actually serve and vote on matters before the LRB since he is Acting Lieutenant Governor and not Lieutenant Governor as the Texas Constitution requires.   Immediately after his statement, Comptroller Rylander nominated Cornyn to chair the LRB.  Dewhurst seconded the motion, and Cornyn was unanimously voted as Chairman of the Legislative Redistricting Board.  Dewhurst nominated Rylander for Vice-Chairman, Ratliff seconded the motion, and Rylander was unanimously elected.  Walter Fisher, the Senate's Parliamentarian, was unanimously elected as Secretary/Parliamentarian of the LRB.

Katherine Cary, Chief of the Open Records Section in the Attorney General's Office, reminded the members that their meetings were subject to the Public Information Act and the Open Meetings Act.  All information, including correspondence and proposed maps received by LRB members, is subject to public disclosure.  Individuals who wish to make an open records request should call the toll-free open records number at 1-877-OPEN TEX.  Ms. Cary's direct line is (512) 936-1395.

Steve Bickerstaff, a name partner in the Austin firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel and redistricting consultant to Chairman John Cornyn, presented a historical summary of the LRB.   Bickerstaff, who previously served as general counsel to former Lieutenant Governor Bill Hobby when the Board met in 1981, said that in 1971 the Board was compelled to convene by the Texas Supreme Court.  In 1971 the Texas Legislature did not adopt a Senate plan, but did adopt a House plan that was later challenged by State Representative Tom Craddick (R-Midland).  Craddick is still a member of the Texas House of Representatives and a likely candidate for Speaker of the House in 2003.   In 1981, the Texas Legislature adopted Senate and House plans, but were vetoed by the Governor.  

Bickerstaff noted that in 1971 and 1981 all the Board members were Democrats.  However, the Board members did not unanimously approve the final maps.  Maps were approved by 3-2 margins.  The LRB of the 21st Century has 4 Republicans and 1 Democrat.  Split votes are possible, but not necessarily probable.

Bickerstaff predicted four possible outcomes:

The Legislative Redistricting Board does not adopt plans, and the districts are drawn by the courts.  Thus, no plans.
The Legislative Redistricting Board adopts plans, and they are not pre-cleared by the U.S. Justice Department pursuant to Section 5 of the Voting Rights Act.  Thus, no plans.
The Legislative Redistricting Board adopts plans, the U.S. Justice Department pre-clears the plans, but they are successfully challenged in state and federal courts.  Thus, no plans.
The Legislative Redistricting Board adopts plans, the U.S. Justice Department pre-clears the plans, and the court adopts the plans, subject to any successful litigation.  Thus, successful plans under court review.

Even though Steve Bickerstaff made a presentation to the Board, Speaker Pete Laney noted that Jeff Archer, the redistricting guru from the Texas Legislative Council, is also available to assist members.  Chairman Cornyn said that all members are responsible for retaining their own legal counsel.

The Legislative Redistricting Board will be having five public hearings in Austin, Texas during the next 60 days.  They will be held at the Texas Capitol Extension Auditorium (E1.004) at 9 a.m.  The meeting times are subject to change.

Note the following dates:

June 18, 2001     Public Testimony and Proposals on Redistricting
June 26, 2001     House and Senate Members' Testimony and Proposals
July 10, 2001      LRB Members' Proposals.  No Public or Legislative Testimony
July 16, 2001      Public and Legislative Testimony on LRB Proposals
July 24, 2001      Final Vote on LRB Proposals

Before the Board adjourned,  Speaker Pete Laney, the lone Democrat on the Board, proposed a modification to the adopted rules.  He proposed a rule that would allow members to attach dissenting statements to any maps adopted by the Board that are subsequently sent to Secretary of State Henry Cuellar for submission to the U.S. Justice Department.  It was unanimously adopted.

Race for Lieutenant Governor Begins

Senate David Sibley (R-Waco) declared his candidacy for Lieutenant Governor today after yesterday's announcement by Senator Bill Ratliff that he was withdrawing as a candidate.  Texas Supreme Court Justice Greg Abbott and Land Commissioner David Dewhurst are also vying for the position.

Democratic candidate John Sharp will make his formal announcement tomorrow.

Click here to read the story.

Copyright 2001 Public Trends. All Rights Reserved.
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 MAY 2001
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May 30, 2001

POST SINE DIE SCOOP

Legislative Redistricting Board to Convene on June 6, 2001 in Texas Capitol

Pursuant to Article III, Section 28 of the Texas Constitution, the Legislative Redistricting Board will convene on June 6, 2001 at 2 p.m. in the Texas Capitol Extension Auditorium (E1.004) to begin discussing the future of state house and senate districts. The Legislative Redistricting Board (LRB) is responsible for drawing legislative maps since the Texas Legislature failed to do so before May 28, 2001. The following members comprise the LRB:  Lieutenant Governor Bill Ratliff (R), House Speaker Pete Laney (D), Comptroller Carole Keeton Rylander (R), Land Commissioner David Dewhurst (R), and Attorney General John Cornyn (R).  The LRB has 60 days from its first meeting to produce House and Senate Maps.  Final maps should be available on or around August 6, 2001.   Interestingly, this is five days before Texas hosts the annual National Conference of State Legislatures conference in San Antonio, Texas on August 11, 2001.

The following agenda items will be discussed at the organizational meeting:

Meeting Called to Order and Quorum Established
Election of Chairman and Vice-Chairman
Selection of Secretary or Parliamentarian
Adopt procedure for payment of fees, costs, and expenses
Retention of counsel, experts, or other personnel
Retention of court reporter
Briefing  regarding computer redistricting services available to LRB
Briefing regarding (1) open meetings and open records; (2) history of LRB; (3) legal issues
Provision for distribution of copies of testimony summaries and material from legislative hearing to LRB members
Schedule dates for future public hearings
Adoption of procedures to be followed in future meetings and hearings
Adoption of general criteria for the presentation of plans to the board
Consideration and adoption of criteria to be used in passage of final redistricting plan
Public comment
Adjournment to a date certain

Additional information about the meeting can be obtained from Nancy Fuller, 209 W. 14th Street, Austin, Texas 78701 (512) 463-2191.

A brief history of the first LRB meeting held in 1981 will be posted shortly. That first meeting was held almost 90 days after the Texas Legislature adjourned sine die!

Copyright 2001 Public Trends. All Rights Reserved.
_______________________________________


May 25, 2001

LONE STAR SCOOP

Congressional Redistricting Battle Begins

The House Redistricting Committee will be meeting tomorrow at 2 p.m. in the Capitol Extension, Room E2.010, to discuss matters relating to congressional redistricting.  Chairman Delwin Jones (R-Lubbock ) is expected to lay out his congressional map.  Texas will gain two new congressional seats.  The probable areas for the new seats are North Texas (Collin County), Houston, South Texas, Central Texas, or the Austin/San Antonio corridor.  

It is too late for the Texas Legislature to adopt congressional plans; however, Chairman Jones may be laying the groundwork for a special session.  Governor Rick Perry can call a special session at any time.  If the congressional maps are not drawn by the Texas Legislature, a federal judge will draw them.  The Legislative Redistricting Board has no jurisdiction over congressional maps.

With the U.S. Senate in Democratic hands, Republican control of the U.S. House of Representatives will undoubtedly be a White House priority.  Redistricting will determine whether Republicans or Democrats control the U.S. House.

Legislative Roundup

With Sine Die fast approaching, The Lege will provide a legislative roundup of key legislation adopted this session.  Stay tuned for the details.

D.C. ODDS & ENDS

It's all about Jeffords.   Fresh stories next week.  

Copyright 2001 Public Trends. All Rights Reserved.
_______________________________________


May 24, 2001

D.C. BOMBSHELL

Jeffords to GOP and Bush:  Hasta La Vista, Baby!

Delivering a California-type blackout to Senate Republicans and U.S. President George W. Bush, Senator Jim Jeffords of Vermont today declared his independence from the Republican Party.  Citing "principles" and "conscience," Jeffords' decision to become an Independent and caucus with Senate Democrats was nothing short of a political bombshell for Senate Republicans.  Even though Jeffords was considered a RINO - Republican In Name Only - because of his voting record, he reminded everyone today of what the famous Cajun Huey P. Long used to say :  "Every Man A King".   Because of the historic 50-50 split in the U.S. Senate, Jeffords' switch will now hand control of the esteemed chamber to Senate Democrats, a chamber they have not controlled since 1994.  After today's announcement, current Senate Minority Leader Tom Daschle (D-South Dakota) said that he will usher an era of "principled compromise" as the new majority leader of the U.S. Senate.  Bipartisanship will once again be buzzing on Capitol Hill.

At a news conference in Cleveland where he was promoting his faith-based initiative, President George W. Bush "respectfully disagreed" with Jeffords' decision.    Other Republicans were not so nice.  The labels of "traitor", "turncoat", and "pariah", are already being used to describe the senator.  In the end, the name calling will not matter.  What matters is power and influence, and the Republicans in the U.S. Senate have now lost it.  There will be no happy barbecues for Senate Republicans this Memorial Day weekend.

The policy implications of Jeffords' decision are huge.  With Senate Republicans losing all chairmanships and Republican staffers joining the unemployment line, Democrats will now control the Senate's agenda.  In effect, the Bush Agenda, excluding the trillion dollar tax cut, will need a makeover.  Instead of it being a Bush-Cheney Agenda, it will now be the Bush-Daschle Agenda.  The philosophical differences between these two leaders is stark and the "g" word--gridlock--is likely to emerge.   White House Republicans and Senate Democrats differ on education, the economy, missile defense, health care, reproductive rights, and energy.  But the greatest impact of the power switch will be on judicial nominations.

President George W. Bush campaigned on the promise that he would appoint strict constructionists to the U.S. Supreme Court and the federal bench.  He wants judges who will interpret and not make law.  Democrats, on the other hand, want moderates and not conservative ideologues.  With Senator Patrick Leahy (D-VT), a liberal Democrat, expected to chair the powerful Senate Judiciary Committee, President Bush will have a difficult time appointing conservatives to any court.  As Senator Charles Shumer (D-NY), a member of the Judiciary Committee, said today, "moderation" is the key.  The Senate Democrats plan to reinstate the American Bar Association's judicial screening process that the White House eliminated earlier this year.  Expect delays and investigations of judicial nominees.   

With the Senate in Democratic hands, the focus will now be on the U.S. House of Representatives.  Nothing is more important now to the Bush Administration than redistricting.  With California expected to increase the number of Democratic Representatives, the Administration will probably try to make up the loss in Texas.  The Texas Legislature has not adopted a congressional plan and Governor Rick Perry may call a special session later this summer to address the issue.  The Legislative Redistricting Board will be drawing state senate and house districts this summer.  

In Washington, the blame game has already begun.  Congressional Republicans blame the White House and vice-versa.  Bush's reputation as a "uniter, not a divider" is being questioned by members of his party, and it is now clear that he will have to retool his "charm offensive" if he is to have a successful presidency.

Stay tuned for the excitement.   

Copyright 2001 Public Trends. All Rights Reserved.
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May 23, 2001

No Update Today.  

Copyright 2001 Public Trends. All Rights Reserved.
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May 22, 2001

EXCLUSIVE

Are Texas Legislative Seats For Sale?

Legislative Redistricting Board Members Can Receive Unlimited Political Contributions While They Consider Drawing New District Boundaries

May 28, 2001 is an important date for three major reasons.  It is Memorial Day,  it is the last day of the 77th Regular Session of the Texas Legislature, and it is also the last day of the political contribution moratorium imposed by Title 15 of the Election Code.  Under Section 253.034 of the Election Code, members of the Texas Legislature and statewide officeholders cannot receive political contributions 30 days before the commencement of a legislative session and during a legislative session.  However, once the session is over legislators and statewide officeholders can accept political contributions to fill their war chests for the next election cycle.   Texas does not limit the amount of political contributions.   

Interestingly, the contribution moratorium in the Election Code does not apply to members of the Legislative Redistricting Board during the 150 day period they will be considering and drawing new legislative boundaries later this summer.  Lieutenant Governor Bill Ratliff (R), House Speaker Pete Laney (D), Comptroller Carole Keeton Rylander (R), Land Commissioner David Dewhurst (R), and Attorney General John Cornyn (R) can legally accept unlimited political contributions while they consider the fate of state representatives and senators. While it may be legal to receive political contributions from senators, representatives, and political action committees during the 150 day period beginning May 29, 2001, the appearance that legislative seats are for sale may cast a dark cloud on the entire redistricting process and raise ethical questions.    The notion that an individual or special interest group can "purchase" a precinct, county, or a desired legislative district violates the traditional values of fair play and justice.

The political mantra this session was that legislative districts must meet the "FCC Test".  They must be "fair, compact, and competitive" or "fair, compact, and constitutional".  In any case, "fairness" was a key element of the test.  When State Representative Delwin Jones (R-Lubbock) and State Senator Jeff Wentworth (R-San Antonio) drew their House and Senate maps, they both claimed that their maps met the "FCC Test".  Others disagreed.  Most importantly, however, they drew their maps without the influence of political contributions.  Checks with multiple zeros were not even a factor like they could be with the Legislative Redistricting Board.

When the Legislative Redistricting Board meets this summer, the stakes will be high.  The future of the Texas House of Representatives and Texas Senate lies in the hands of five powerful state leaders.   To avoid an appearance of impropriety, Board members should impose a voluntary contribution moratorium to assure legislators and the general public that the redistricting process will not be influenced by "checkbook politics".  A temporary moratorium will be fair and just, but most importantly, it will be good for Texas.

Copyright 2001 Public Trends. All Rights Reserved.
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May 21, 2001

LONE STAR SCOOP

Rylander Announces Reelection Bid

State Comptroller Carole Keeton Rylander (R) recently announced that she will be seeking reelection.  Rumors had circulated around the state capitol that she was planning to challenge Lieutenant Governor Bill Ratliff in the Republican Party Primary.  Rylander is a member of the Legislative Redistricting Board and will be drawing state house and senate districts this summer.

Click here for the full story.

Race and Criminal Behavior Don't Mix

The Texas House of Representatives passed a bill that would ban the use of race as a factor in predicting a defendant's future danger to society. SB 133, authored by Senator Royce West (D-Dallas)  and sponsored by Representative Juan Hinojosa (D-Edinburg), now goes to Governor Rick Perry for his signature.  

"This bill, along with hate crimes legislation and racial profiling, is but the latest manifestation of our efforts to make Texas a more tolerant, color-blind society, " Hinojosa said.

The bill was filed after a Hispanic male was sentenced to death after a jury took into consideration his heritage in determining whether he posed a danger to society.

An Honor Long Overdue

Veterans who quit high school to serve in World War II will be eligible to receive a high school diploma under a bill recently passed by the Texas Legislature.  SB 387 by Representative Kyle Janek (R-Houston) allows a school district to issue a diploma to the veteran or the veteran's family.

D.C. ODDS & ENDS

The Supremes and Porn

The United States Supreme Court has decided to hear a case on a law intended to prevent children from accessing pornography on the Internet.  The First Amendment right to free speech is the key issue in the case.

Click here for the details.

Sharpton Considering Bid for Presidency

Reverend Al Sharpton of New York has indicated that he will seek the Democratic nomination for President of the United States.  Sharpton may be challenging Al Gore for the nomination if he decides to run again.

Click here for the story.

Politics in Florida

Former U.S. Attorney General Reno has expressed an interest in running for Florida Governor against Governor Jeb Bush, brother of U.S. President George W. Bush.  Jeb Bush has not decided whether he will seek reelection.

Click here  for more about Reno's plans.

Affirmative Action and Higher Education

The U.S. Supreme Court will be considering this week whether to review affirmative action in higher education.  Various courts throughout the country have issued different rulings on the appropriate use of race in university admissions.  

Click here for more.

Copyright 2001 Public Trends. All Rights Reserved.
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May 18, 2001

LONE STAR SCOOP

Legislative Redistricting:  R.I.P.

The clock is ticking away and the Texas Senate has yet to consider a redistricting plan.  Tomorrow is the deadline for passing Senate bills out of committees in the Texas House, and it doesn't appear that Lieutenant Governor Bill Ratliff will convene the Texas Senate on a Saturday to consider legislation.  Thus, legislative redistricting is gasping its last breaths.  Even though the Texas House of Representatives passed its plan and was voted out of the Senate Redistricting Committee, the Texas Senate will not consider it until the Senate passes its plan.  In short, the Jones Plan has been tucked away in the legislative trunk of obsolescence.

As was evident this session, redistricting is not the apotheosis of deliberative democracy.  In fact, it is totally the opposite.  It is not about honor, civility, and doing what is right for Texas.  Rather, it is about self-interest and survival.  It is political Darwinism in its purest form.  As one Texas Senator noted, "the law of the jungle" controls redistricting.

If the Texas Legislature sidesteps its constitutional duty to redraw House and Senate legislative districts, the task will fall to the Legislative Redistricting Board.   Lieutenant Governor Bill Ratliff (R), Speaker Pete Laney (D), Comptroller Carole Keeton Rylander (R), Land Commissioner David Dewhurst (R), and Attorney General John Cornyn (R) comprise the Board.   Republicans have a 4-1 advantage.  While some Republicans salivate at the prospect of eliminating Democrats via the Board, there are too many factors in play to predict an outcome.  

Article III, Section 28 of the Texas Constitution provides the guidelines the Legislative Redistricting Board must follow in order to reapportion state legislative districts.   The Board must meet within 90 days after the Texas Legislature adjourns on May 28, 2001 and produce final plans before the 60th day after its first meeting.  Once the Board finalizes the legislative plans, it must submit them to the U.S. Department of Justice for pre-clearance under Section 5 of the Voting Rights Act.  Because Texas has had a discriminatory history against minorities,  all plans must be pre-cleared.  The mere fact that the plans are submitted to the Justice Department will not preclude individuals from filing lawsuits.   If the Board waits until the final days to meet and approve plans, the earliest date to get a peek at the new configurations of legislative districts is late October 2001.  

U.S. Congressional and State Board of Education districts are a different matter. The Board does not have jurisdiction over redrawing these districts.  Governor Rick Perry can call a special session to redraw congressional lines or a federal court can do it.  If history provides any guidance, a federal court will likely be the venue for reapportioning congressional seats.   

The battle over congressional redistricting may be even more vicious than the one for state house and senate districts.  In fact, the new congressional lines will determine which party controls the U.S. House of Representatives.  Republicans hold a narrow advantage, but all that could change with redistricting.  If the U.S. House of Representatives goes Democratic, President Bush will have difficulty passing his programs.  Thus, the White House has a keen interest in making sure that Texas produces congressional boundaries that will maximize the number of Republicans on Capitol Hill.

Stay tuned for the battles.

Copyright 2001 Public Trends. All Rights Reserved.
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May 17, 2001

LONE STAR SCOOP

Senator Judith Zaffirini:  25,000 and Counting

Senator Judith Zaffirini (D-Laredo) reached a legislative milestone today.  She cast her 25,000th consecutive vote in the Texas Senate.  That's right.  25,000 votes and counting.  She was presented with a gavel by Lieutenant Governor Bill Ratliff commemorating her achievement and jokingly asked if she would be around for her 50,000th celebration.

Congratulations Senator!  Your service to Texas is greatly appreciated.  

No Maps in the Texas Senate

Contrary to expectations, the Texas Senate will probably not be debating redistricting today.  Senator Jeff Wentworth is still short two votes to suspend the Senate rules to bring his map for consideration.   If both the Senate and House maps are approved beyond May 18th, then it will be too late for either house to override a probable veto by Governor Rick Perry, since the Governor has ten days to sign or veto a bill.  The current legislative session ends on May 28th.

 If the maps are vetoed, the Legislative Redistricting Board will take over.   Four Republicans and One Democrat comprise the Board.  See the briefing on May14th for the potential outcome.

Legal Help for the Poor

The Texas House of Representatives passed a bill that would provide legal help for indigent criminal defendants.  Senator Rodney Ellis (D-Houston) sponsored the bill.

Click here for the story.  

Tejano Statue Approved

House Concurrent Resolution 38 by State Representative Kino Flores (D-Mission) allowing for the establishment of a privately funded statue honoring Tejanos in Texas was approved by the Texas Senate today.  The statue will be placed on Texas Capitol grounds.  

Click here to read the resolution.

D.C. ODDS & ENDS

Energy Woes

President Bush unveiled his energy plan and warned that the United States is heading to a crisis similar to the one in the late 1970s.  That crisis ended the career of President Jimmy Carter.

Click here for the details of Bush's energy plan.  

For a history of previous energy fallouts, click here.

 For President Carter's comments on the current energy crisis, click here.

Is There A Dirty Bush?

Larry Flynt of Hustler Magazine has confirmed that he is looking for dirt on the 43rd President.  Flynt is worried that Bush may hamper the multibillion dollar porn industry.

Click here for the story of Flynt's smut expedition.

Egging Clinton

Former President Bill Clinton was egged yesterday on a visit to Warsaw, Poland.  No serious injuries were reported.

Click here to find out who doesn't like Clinton.

In Search of A Missing Intern

A search is underway for Chandra Levy, an intern who was associated with Congressman Gary Condit (D-Ceres) of California.  She has been missing since April 30, 2001.

A $25,000 reward has been offered on the "Find Chandra" website.

Click here for details about this mystery.

The West Wing Goes Out in Style

The West Wing ended its season with a cliffhanger.  If you didn't see it, call a friend who did.  It's worth it.

Click here for a review of the last show.

Copyright 2001 Public Trends. All Rights Reserved.
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May 16, 2001

LONE STAR SCOOP

Texas Senate Stalled on Redistricting

Senator Jeff Wentworth (R- San Antonio) remained hopeful and optimistic but not confident that the Texas Senate would suspend the rules and consider his map.  Wentworth needs two more votes to suspend the Senate rules to bring his map for consideration, but it appears that Republicans, led by Senator David Sibley (R-Waco), are stalling so that Governor Rick Perry will not have to veto any maps.  Perry believes the maps will be stalled in the Texas Legislature.  In that case, the Legislative Redistricting Board will perform its constitutional duty and draw the maps, which are subject to court challenges.

Click here for the story.

Presidential Daughter Pleads No Contest

Presidential daughter Jenna Bush plead no contest to a charge of being a minor in possession of alcohol.  She will pay a fine, serve 8 hours of community service, and attend alcohol awareness classes.

Click here for the details.

Stop Dating Abuse

If you abuse, you lose.  A new law signed by Governor Rick Perry will allow protective orders to be issued against people who abuse their dates.  Current law does not allow for protective orders to be issued against previous dates.

Click here to read the new law.

Mercy for the Mentally Retarded

The Texas Legislature has passed a law that would exempt mentally retarded persons from the death penalty.  The bill now goes to Governor Rick Perry for his signature.

Click here for the story.

D.C. ODDS & ENDS

Gas Matters

Fearing a backlash at the polls next year, Senate Republicans have prepared a plan to address gasoline prices and the California energy crisis.

Click here for the details.  

Abortion Aid Banned

The U.S. House of Representatives approved a bill that would ban funding foreign organizations that discuss abortion rights or promote family planning.  The vote was 218-210.  

Click here for recent developments.

Bush Tongue Twister

President Bush's unique relationship with the English language continues to amaze observers.  At a recent gathering to promote gun safety, President Bush said the following:  "For every fatal shooting, there are three non-fatal shootings.  Folks, this is unacceptable in America.  We are going to do something about it."   Surely, he was not promoting more fatal shootings.  Right?

Click here for the story.

Copyright 2001 Public Trends. All Rights Reserved.
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May 15, 2001

LONE STAR SCOOP

A Birthday in the Texas House

State Representative Irma Rangel, the first Mexican American woman elected to the Texas House of Representatives and Chair of the House Higher Education Committee, celebrated her birthday today in the Texas House.  Rangel is a retired attorney, former school teacher, and a tireless advocate of higher education.  Described by a columnist as a "one-person hurricane", she has supported legislation that has improved the quality of all Texans.  Among her accomplishments are the South Texas Border Initiative, the 10 Percent Plan, which improved the number of Hispanic and African American students at Texas' universities after Hopwood, and a new school of pharmacy for Texas A&M-Kingsville.  

Happy Birthday, Madame Chair!

Life Without Parole:  Not an Option

A bill that would have given jurors a sentencing option of life without parole died in the Texas House.  The bill was authored by Senator Eddie Lucio (D-Brownsville).

Click here to read the story.

Bill Increasing State Minimum Wage Passes Senate

HB 533, authored by State Representatives Senfronia Thompson (D-Houston) and Glen Maxey (D-Austin) and sponsored in the Senate by Senator David Sibley (R-Waco), passed the Texas Senate today.  The bill requires that the state minimum wage of $3.35 increase to the federal level of $5.15 an hour.

"HB 533 gives the teeth to the notion that every worker in Texas deserves dignity," said Joe Gunn, President of the Texas AFL-CIO.  

The bill now goes to Governor Rick Perry for his signature.

D.C. ODDS & ENDS

Let's Talk Energy

Democrats on Capitol Hill unveiled an energy plan that, unlike the Bush plan, would address immediate energy crises.  

Click here for the story.

Patients' Rights

A new proposal on patients' rights has emerged and has the support of the White House.  

Click here for the details.  

Fed Cuts Rates, Again

The Federal Reserve Board cut interest rates again today in order to stimulate the economy.   

Click here for the story.  

Federalizing the Boy Scouts

Senator Jesse Helms has introduced legislation that would cut off federal funds from public schools that do not allow the Boy Scouts to use public facilities because of their anti-homosexual stance.

Click here for some insight.  

Copyright 2001 Public Trends. All Rights Reserved.
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May 14, 2001

LONE STAR SCOOP

Redistricting A La Court

May 28th is two weeks away and the Texas Legislature has yet to approve a final redistricting plan for the state of Texas.  The Texas House of Representatives adopted the Jones Plan last week that would give Speaker Pete Laney another shot at the bully pulpit.  However, the final vote surprised many observers.  The plan passed 76-71.  Chairman Jones had predicted 85 to 90 votes, but that did not happen.  

The alternative Republican plan, commonly known as the Marchant Amendment, failed narrowly.  It would have provided for more Hispanic seats at the expense of Anglo Democrats and create 87 Republican House seats.  The GOP Party viewed the narrow defeat of the amendment as a victory.  If the House plan goes to the Legislative Redistricting Board as expected, the Marchant Amendment might replace the Jones Plan as the final House redistricting map.

The Texas Senate is not even close to resolving their redistricting disputes. Senator Jeff Wentworth's map, which creates 16 safe Republican seats, 12 safe Democratic seats, and 3 swing districts and adopted by the Senate Redistricting Committee, has not been considered by the full Senate.  Senator David Sibley has proposed an alternative map to the Wentworth map which would create 20 safe Republican seats.  Democratic Senators are not happy with his plan because it was created in a "vacuum" and makes it difficult for Democrats to win.    Furthermore, Hidalgo County is proving to be a battleground in the Texas Senate.

Last week, Senator Judith Zaffirini, Senator Eddie Lucio, and Senator Carlos Truan, the Dean of the Senate, had a vocal exchange on the Senate floor over the future of Hidalgo County.  Hidalgo County is one of the largest counties in the state and has the distinction of claiming Senate representation for every syllable of Hi-dal-go.  At issue is whether Hidalgo should have one, two, or three senators.  Senator Eddie Lucio wants two and introduced amendments to amend the Wentworth or Sibley Plan without consulting Senator Zaffirini or Dean Truan.  Both senators were not happy.  That was evident when Senator Zaffirini publicly condemned Senator Lucio's actions and verbally spanked him on the Senate floor.   A proposal floated around the Senate that would make Hidalgo County whole and slice Cameron County in half.   Senator Lucio did not like that proposal because it would put him at an electoral disadvantage.   We'll see what eventually happens with Hidalgo County later on this week.  

Even though the House plan passed the Senate Redistricting Committee last week, it will not be considered until the Senate passes its own plan.  If the House plan does not pass the Senate, it will go to the Legislative Redistricting Board.  Speaker Pete Laney, Lieutenant Governor Bill Ratliff, Comptroller Carole Keeton Rylander, Attorney General John Cornyn, and Land Commissioner David Dewhurst comprise the Board.  4 Republicans and 1 Democrats will initially determine the political future of Senators and Representatives.   Whatever plan is produced will eventually be challenged in court.  Stay tuned for the litigation.

Congressional seats are an afterthought in the Texas Legislature.  Neither house has prepared a plan and it is likely that a special session will be called.  If there is no special session, the courts will likely draw the congressional seats as they did in 1991.

Sine Die in name only.

Copyright 2001 Public Trends. All Rights Reserved.
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 APRIL 2001
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April 20, 2001

LONE STAR SCOOP

House Maps:  M.I.A. Part II

It is Friday afternoon and all is quiet in the Pink Building.  Chairman Delwin Jones announced earlier today that no House maps will be available for review until next week.  If he releases the maps on Monday or Tuesday, legislators will have one or two days to secure their political futures before the Redistricting Committee votes HB 150 out next Thursday.  Get ready for some screams, howls, moans, and groans.

Procedurally, the Texas House wants to vote out the redistricting plan early in May in order to override a potential veto by Governor Rick Perry.  May 18th is the key date!  If Perry vetoes the bill before that day, legislators will have time to override it.  If not, the Legislative Redistricting Board (4 Republicans, 1 Democrat) may play a key role in drawing the future of Texas.

Stay tuned.  The redistricting grill is starting to show some flames.

Copyright 2001 Public Trends. All Rights Reserved.
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April 19, 2001

LONE STAR SCOOP

House Maps:  M.I.A.

The Texas House of Representative's  "working plan" is still missing in action.  The maps were rumored to be released before Easter, but that did not happen.  According to one source, the maps will be released today or tomorrow.  HB 150, the vehicle bill for the redistricting plan, will be discussed in  the House Redistricting Committee on Wednesday, April 26th at 2 p.m. in the Capitol Extension Auditorium.  Chairman Jones expects to have the redistricting bill on the House floor by May 1st.  Republicans have stated that they will also have their plan ready for debate by that time.   Jones expects 8 pairings.  The pairings will occur in West Texas, East Texas, Harris and Bexar Counties.

Click here to read the story.

TNRCC and Hate Crimes on the House Floor

The James Byrd Act, commonly referred to as the Hate Crimes Bill, is expected to be debated today after the Texas House of Representatives considers the future of the Texas Natural  Resources Conservation Commission.  Environmentalists and chemical industry insiders are closely monitoring the amendments.  Coincidentally, a free luncheon was provided today by the Texas Chemical Council to celebrate "Texas Chemicals Day".

The Hate Crimes Bill was scheduled for debate yesterday but was postponed.  A similar bill stalled in the Texas Senate after Governor Rick Perry purportedly intervened.

Stay tuned.

Who do you represent?

A bill by Representative Ron Wilson to prohibit conflicts of interest by lobbyists passed the Texas House without debate.  A similar bill passed last session, but was defeated in the Texas Senate.

Click here to read the bill.  

D.C. ODDS & ENDS

The Magic of Karl Rove

Karl Rove helped make the Texas Republican Party what it is today.  He has now taken his influence to the nation's capital to advise the most powerful leader of the free world.

Click here to read the story.

Not in My Backyard

Jeb, George, oil, and the Gulf of Mexico do not mix.  Interior Secretary Gale Norton has allowed oil and gas lease auctions to proceed off the coast of Florida after denying appeals by Governor Jeb Bush.  Environmentalists and the tourism industry are concerned about the impact.

Click here for the details.

The Politics of Race

The U.S. Supreme Court issued a ruling yesterday that ends an almost decade long battle over a congressional district in North Carolina.  In a 5-4 ruling the U.S. Supreme Court said that race was not a dominant factor in drawing the district.  The ruling will likely be used by advocates of majority-minority districts during this redistricting cycle.

Click here for the story.

Copyright 2001 Public Trends. All Rights Reserved.
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April 3, 2001

LONE STAR SCOOP

 High Noon in the Texas House

April 9, 2001 at 12 noon.  That is the deadline for Texas House members, delegations, etc. to submit maps to the House Redistricting Committee.  A "working plan" of new Texas House districts is expected to be delivered to House members on April 12th.  On that day, legislators will go home for the Easter holiday whistling either "Here Comes Peter Cottontail" (i.e.district is safe) or the Capitol's version of "Taps" (i.e. political demise is imminent).  A public hearing on the "working plan" will be held the week after Easter.    

Stay tuned to find out the winners and losers.

UT Law School to Host Redistricting Symposium

The Texas Forum on Civil Liberties & Civil Rights and The Texas Hispanic Journal of Law and Policy at The University of Texas School of Law will be hosting "Drawing Lines in the Sand:  The Texas Latino Community and Redistricting 2001" on April 13, 2001 in the Eidman Courtroom at the School of Law.  The event is from 9-5 p.m.

For a complimentary lunch, RSVP by April 9th to Laura Garcia at (512) 232-1395 or at thjlp@mail.utexas.edu

Chairman Delwin Jones of the House Redistricting Committee is a confirmed speaker.

Click here for more information about the event and participants.

Show A Little Respect

Aretha Franklin should be proud.  The Texas House of Representatives passed House Bill 946 by Representative Barry B. Telford (D-Dekalb) and Chair of the powerful Calendars Committee.  The legislation empowers local school districts to implement character education programs in their schools to teach positive character traits such as courtesy, respect, integrity and responsibility.  

"This program will reinforce what many kids are getting at home, " said Rep. Telford.  "But for those kids whose parents aren't teaching them these basic values, this may be the only place they learn the importance of being honest and trustworthy and caring."

Narrowing the Digital Divide

ParentsConnected, a division of Thoughtsource, Inc. from Southern Florida, recently stopped at the Texas Capitol to educate parents and teachers on how to use the Internet with their children in a fun and safe environment.  The company is on an eight  month tour.

Click here to view the website.

D.C. ODDS & ENDS

The Chinese Incident

President Bush today demanded that the Chinese government release the crew and spy plane that had to make an emergency landing after colliding with a Chinese jet fighter.

Click here to read the story.

What Did She Say?

On a visit to Delaware, President Bush translated a Spanish speaking woman's request for more financial  assistance for bilingual education as "Support the President's Tax Cut".

Click here to read the story.

New Name, Valuable Information

Politicalmoneyline.com is the new name for FECInfo.  The website provides various types of financial information about political candidates, PACS, etc.  

Check it out.

Copyright 2001 Public Trends. All Rights Reserved.
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 MARCH 2001
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March 28, 2001

LONE  STAR SCOOP

Who Is Threatening Tony Sanchez?

Laredo multimillionaire A.R. "Tony" Sanchez has received a threatening letter regarding his candidacy for Governor of Texas.
Secretary of State Henry Cuellar has denied sending the letter and criticizes his opponents for using smear tactics.

Click here for the story.

The Nevada and Texas Connection

A new report cites that Nevada and Texas had the biggest census undercounts.  Republicans dispute the charges.

Click here for the controversy.

Racial Profiling Bill Moves Forward

A Texas House Committee approved a bill that would gauge the extent of racial profiling in Texas.  It now goes to the full Texas House for consideration.

Click here for the details.

Help the Border!

Comptroller Carole Keeton Rylander released a report indicating that the poverty and unemployment rate along the border region is twice as high as the rest of the state and urged lawmakers to help improve the situation.

Click here for the story.

D.C. ODDS & ENDS

Pot in the Air

The United States Supreme Court is considering a case on medical marijuana that could have a great impact on the legal status of marijuana.

Click here for the details.

Redistricting Money Machine

National Democrats have pledged to raise $13 million for the upcoming redistricting battles.

Click here for the story.

Hillary's Prayer

God has no political affiliation and Hillary Clinton is proving it.  She is praying together with some of the most conservative members of the U.S. Senate.

Click here for a revelation.

UFOs and Cloning

Congress will hear testimony today on controversial plans to clone humans.  A believer in UFOs is expected to testify.

Click here for the details.

Copyright 2001 Public Trends. All Rights Reserved.
_______________________________________


March 27, 2001

LONE STAR SCOOP

Texas' Grande Ole BBQ:  Redistricting

The smell of BBQ sauce is in the air at the Texas Capitol.  The census numbers have been analyzed and the redistricting grill is being warmed up so that the slicing and dicing can begin.   The Texas House Committee on Redistricting will hold public hearings on March 28th (House maps) and on April 5th (Congressional and State Board of Education maps) to gather public testimony.  The Senate Committee on Redistricting will meet on March 29th.

State Rep. Delwin Jones, Chairman of the House Committee on Redistricting said the purpose of the hearings will be to receive information and public comment regarding the drawing of these new voting boundaries.

Some observers call these public hearings an exercise in civic futility since the maps have been drawn and the target areas selected.  Both Democrats and Republicans know that drawing lines is an internal, self-interested, political matter.  Public input seldom affects the final redistricting maps.  

Stay tuned for more.

What's in That Vending Machine?

In order to reduce the number of overweight children, State Representative Jaime Capelo has filed House Bill 1910 to require that no more than 50% of the food and beverages in the vending machines at public and private schools can be of minimal nutritional value.

The U.S. Department of Agriculture has already recommended eliminating vending machines at public schools.

Budget Matters

The Texas Senate Finance Committee has unanimously approved SB 1, a $111.7 billion budget that meets Texas' basic needs while providing substantial increases for key priorities such as financial aid, health and human services, and state employee pay.  The full Texas Senate will now vote on the bill.

A conference committee of House and Senate members will finalize the details later this session

Click here to read the story.

D.C. ODDS & ENDS

Hagel Shmagel

The alternative to the McCain-Feingold campaign finance reform bill has been smashed like a bagel in a New York bakery.
The Bush-backed Hagel bill was defeated today.

Click here to read its demise.

NBC for Life

Contrary to earlier reports by America's muckraker, Matt Drudge, NBC's Tim Russert will not move to CBS.  Dan Rather is expected to retire soon.

The Napster March

The nation's Capitol could be the site of disgruntled Napsterites.  A march is being planned for April 3rd.

Click here to read the story.

Copyright 2001 Public Trends. All Rights Reserved.
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March 21, 2001

LONE STAR SCOOP

All Quiet on the Redistricting Front

Last night's sparsely attended meeting on redistricting did not produce any fireworks.  The House Committee on Redistricting met to discuss the legal parameters of drawing maps.  Some legislators attended, but maps were not discussed.  Those will come later.

The highlight of the night was when a committee member asked if redistricting was even necessary.  The obvious answer was "yes"!

The Committee will meet on March 28th to discuss house plans and on April 5th to discuss congressional plans.

Go to MyCapitol.com for a committee listing.

Slamming Bubba

Fearing a loss of federal funds, the Texas House of Representatives approved a senate bill banning open containers on Texas highways.  The bill had encountered obstacles in previous sessions.

Click here to read the story.

Cameron County Upset Over Census

Various officials in Cameron County met to discuss a possible challenge to the census.  Many feel that the county had a huge undercount.

Click here for the latest.

Protecting the Innocent

The Texas House of Representatives has tentatively approved a senate bill that will give convicts access to DNA testing.
Governor Perry plans on signing the bill once it is approved.

Click here to read the story.

D.C. ODDS & ENDS

Undoing Clinton

President Bush plans to reverse last minute regulations approved by former President Clinton.

Click here for the story.

And Then There Were None

Florida Secretary of State Katherine Harris has proposed eliminating the "Chad Factor" in Florida elections.

Click here to read her proposal.

Pregnant Women Have Rights

The U.S. Supreme Court has ruled that pregnant women do not lose their rights when they enter a hospital.

Click here for the story.

Treasury to the Rescue?

The U.S. Treasury is proposing a plan to provide quick tax relief.

Click here for the proposal.

Copyright 2001 Public Trends. All Rights Reserved.
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March 20, 2001

LONE STAR SCOOP

Redistricting Madness Begins Tonight

The Census 2000 figures are in and the first shots will be fired tonight when the Texas House Committee on Redistricting will meet to discuss how the maps will be drawn.

Click here for a list of the committee members.

Bexar County in Jeopardy

The Census did not fare well for Bexar County.  Amid charges of an undercount, Bexar County will likely lose one seat in the Texas House of Representatives.  

Click here for insight on the controversy.

Stop Referee Abuse!

State Representative Berman (R-Tyler) has introduced legislation to curtail abuse against referees.  

"It is my objective to legitimize the reality of abuse on Texas sports officials by recognizing the importance of their safety and maintaining a sense of respect among all age groups for Texas sports.  HB 275 will put a stop to negative abuse that takes away from the true meaning of the beneficial intention of sports in Texas," Representative Berman said.

Click here to read the bill.


D.C. ODDS & ENDS

It's All About Money

The U.S. Senate began debating the McCain-Feingold Campaign Finance Reform bill this week.  Strong opposition from both parties is expected.

Click here to read the latest.

More Office Politics

Senator Hillary Clinton has come under fire for renting office space at a cost of over half a million dollars a year!  The maximum amount allowed per square foot is $91.14.  Her cost:  $91.00 per square foot.  Go figure.

Click here to read the story.

Recession or Economic Slowdown?

President Bush may have a hard time selling his tax plan to Congress after the recent market plunges.  The Federal Reserve Board lowered interests today, but the market did not react favorably.

Click here to read the story.

Hispanically Speaking?

In light of the Census figures showing that Hispanics have grown at a phenomenal rate, President Bush has created a new word - Hispanically.  In a speech to the Hispanic Chamber of Commerce, Bush said, "Thousands of small businesses, Hispanically owned or otherwise, pay taxes at the highest marginal rate......

Click here to read the rest of his quote.

NOTE:  Conservative guru William F. Buckley once explained W's tongue twisters.  He said, "Words are not his thing."

Copyright 2001 Public Trends. All Rights Reserved.
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March 9, 2001

LONE STAR SCOOP

Texas Constitution Speaks Out:  No More Bills!

Today is the mandatory constitutional deadline to file bills in the Texas Legislature.  All sorts of interesting bills have already been filed.  Visit MyCapitol.com on Monday to see which bills have been filed.

San Antonians file "Buy Texas" Legislation

State Senator Leticia Van de Putte and State Representative Robert Puente filed Senate Bill 1366 and House Bill 3186.  The legislation instructs the state to recognize business investments in the Texas economy as well as contributions to county and local tax rolls when awarding state contracts.

"It is incumbent that the State of Texas do everything in its power to reward those companies that have made an investment in Texas."  Van de Putte said.

Responding or lobbying?

A state senator has accused a state employee with the Texas Department of Transportation of lobbying on state time.  Lobbying by state employees is prohibited in Texas.

Click here to read the story.

You Decide:  Tax Relief or Health Insurance

Senator Chris Harris (R-Arlington) has filed legislation to give the people of the State of Texas an option for funding a statewide teachers' health insurance program.

Senate Joint Resolution 36 aims to designate revenue to fund health care coverage for public school teachers and employees by enacting a constitutional amendment that would repeal the 1997 school property tax relief for homesteads.  The funds would then be used to establish a permanent fund to provide health coverage for teachers and other public school employees.

"Given the certain budget constraints we now face in the State of Texas,  I feel it is important that we allow voters to indicate to the Legislature their level of commitment to providing health care for our teachers."  Senator Harris said.

Let the Games Begin

Next week legislators will begin the "ultimate political exercise"--redistricting.  Stay tuned to The Lege for an analysis of likely winners and losers.

Who is Marty Akins?

Click here to find out.


D.C. ODDS & ENDS

Halfway There

Yesterday, the U.S. House of Representatives passed President Bush's tax cut initiative largely along party lines.  The U.S. Senate is not expected to vote on it immediately.

Click here to read the story.

Vice-President Powell?

GOPers have a dream:  If "Prime Minister" Cheney resigns or dies in office, Secretary of State Colin Powell would become Vice-President and assure President Bush a second term.

Click here to read the story.

GOP and NAACP:  Brotherly Love

Leaders of the Republican Party and the National Association for the Advancement of Colored People met to discuss issues dividing both groups.

Click here to read the story.

Orgies in Washington

While promoting his budget plan, President Bush said, "The problem is, some of the folks in Washington are used to spending orgies."

Hillary and St. Pats Don't Mix

Senate Hillary Clinton of New York will not participate in the St. Patrick's Day Parade.  

Click here to find out why.

Copyright 2001 Public Trends.  All Rights Reserved.
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March 6, 2001

LONE STAR SCOOP

Bush Media Consultant Indicted

The first casualty of "debategate" has fallen.  A federal grand jury has indicted Yvette Lozano, an employee of Maverick Media, with lying to the FBI and mail fraud.  At issue is a debate preparation video sent to Rep. Thomas Downey of New York.  Downey helped Al Gore prepare for the now infamous debates.

A key question is this matter is whether she will implicate her boss, Mark McKinnon, or any of  President Bush's "Iron Triangle":  Karl Rove, Karen Hughes, or Joe Allbaugh.  Stay tuned.

Click here to read the story.

NCLR Wants Retraction

The National Council of La Raza (NCLR), the nation's largest constituency-based Hispanic organization called on Acting Lieutenant Governor Bill Ratliff to retract statements made to the Real Estate Council of Austin last Friday regarding illegal immigrants.  

Click here to read the story about his remarks.

Tejano Statue at Texas Capitol Urged

State Representative Kino Flores (D-Palmview) has filed legislation that would allow for a statue of a Tejano family to be added to the Texas Capitol grounds.  The purpose of the statue is to highlight the contributions of Tejanos in Texas.

Click here to read the story.

D.C. ODDS & ENDS

No Sampling for Redistricting

Secretary of Commerce Don Evans announced today that actual "head count" census numbers will be used for redistricting.  Texas will be one of the first states to receive the census figures this week.

Click here to read the story.

Census Issues Report on Hispanic Diversity

The Census Bureau announced today a report on the country's Hispanic diversity.

Click here to read the findings.

"Prime Minister" Cheney Released from Hospital

Vice-President Dick Cheney, described as the Prime Minister of the Bush Administration by USA Today, was released from the hospital today and expects to return to work later this week.

Click here for the story.

Which Bush is President?

Two White House websites show different pictures of President Bush.  You decide.

Click here for the first site.

Click here for the second site.

Copyright 2001 Public Trends.  All Rights Reserved.
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March 1, 2001

LONE STAR SCOOP

Educator Groups to Promote Texas Public Schools Week

The presidents of the Texas State Teachers Association, Texas Federation of Teachers, Association of Texas Professional Educators, and the Texas Classroom Teachers Association will hold a press conference on Monday, March 5 at 9 a.m. in the chamber of the Texas Senate to promote Texas Public Schools Week.

New polling data indicating overwhelming support for statewide, state-funded health insurance for school employees will be released.

Ethnic Representation in Statues Urged

Representative Ron Wilson (D-Houston) held a press conference today  addressing the need to have equitable and accurate historical representation of African Americans, Hispanic Americans, and Native Americans in monuments owned by the state.
The NAACP, ACLU, and other organizations support this measure.

Campaign Finance Disclosure Bill  in Senate Committee

Senate Bill 6, authored by Senator Florence Shapiro (R-Plano) and co-authored by Senator Eliot Shapleigh (D-El Paso) is being discussed today in the Senate State Affairs Committee.

The key components of the bill include the following:

Requires all statewide candidates to report contributions in excess of $1,000 received in the last 9 days of the election.
Requires candidates to report the employer and occupation information of contributors.
Requires all out-of-state PACs making contributions or expenditures in Texas to file with the Texas Ethics Commission
Requires all candidates to report cash on hand reserves
Requires general purpose committees to report money received for administrative expenses

A committee substitute to House Bill 2, a campaign finance bill filed by Representative Pete Gallego (D-Alpine), was unanimously approved by the Committee on Elections this week.

Road Rage Bill Filed

Senator Leticia Van de Putte (D-San Antonio) has filed Senate Bill 977 which will create an offense for driving in an aggressive manner.  Penalties for aggressive driving will range from a Class B Misdemeanor to a second degree felony if serious bodily injury or death results.


D.C. ODDS & ENDS

Census Bureau Recommendation:  No Sampling

The Census Bureau urged former UT System Regent and Secretary of Commerce Don Evans to use raw population numbers instead of statistical sampling for redistricting purposes.  Evans will decide by March 6 on which set of numbers to use.  State data will be released soon thereafter.

Click here to read the story.

Committee Approves Reduction in Tax Rates

Voting on party lines, the House Ways and Means Committee votes to reduce individual tax rates.  The $1.6 trillion tax cut is a central part of President Bush's agenda.  Democrats have offered an alternative tax plan.

Click here to read the story.

Questionable Pardons

Top aides to former President Clinton testified before Congress today that some pardons granted by the President lacked merit.  Democratic fund-raiser and Clinton ally, Beth Dozoretz, did not answer questions today.  She refused to testify citing her constitutional right against self-incrimination.

Click here to read the story.

Racial Profiling Legislation Promoted

U.S. Attorney General John Ashcroft is promoting legislation to end racial profiling.  Ashcroft was recognized by President Bush during his recent address to Congress.

Click here to read the story

Copyright 2001 Public Trends.  All Rights Reserved.
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 FEBRUARY 2001
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February 23, 2001

LONE STAR SCOOP

Texas Border Marshall Plan 2001

Yesterday, the Texas Senate Hispanic Caucus and the Mexican American Legislative Caucus announced a Marshall Plan for the Texas Border.  The following is a reprint of the entire plan:

Infrastructure

Make Texas infrastructure NAFTA ready by dedicating TxDOT funding to address critical NAFTA trade corridors, ports, and intermodal connections
In cooperation with local elected officials, advocate for and fund "one stop" border ports
Ensure border ports are adequately staffed by federal agencies
Add key engineering and planning capacity to border TxDOT districts
Increase TxDOT Commission slots in order to provide for border representation on the TxDOT Commission

Education

Endow border higher education research capacity
Increase border access to higher education with increased Texas Grants funds and work-study programs
Fix per capita funding disparities in border universities

Health

Remove barriers to enrollment in Medicaid
Raise Medicaid/CHIP reimbursement rates in the nation's least served medical region in order to increase access to health resources
Study and implement public health surveillance in border counties
Extend diabetes pilot program to key border counties
Remove barriers to cross border health information

Workforce

Revise workforce regulations and increase funding for bilingual adult education
Remove unfunded mandates by federal agencies that do not pay the full costs of law enforcement, health immigration and infrastructure

Water, Colonias, Housing

Base housing and child care funding on "need" not population
Target funding to housing through trust fund for disadvantaged counties
Hook up all remaining qualified colonia residents by 2006
Identify and construct border water reservoirs under state water plan

Target:  Texas Capitol?

The Associated Press is reporting that a man drove past the Texas Capitol gates and tried to blow up his truck.  No one was injured.

Click here to read the story.


Campaign Finance Reform in Texas

State Representative Pete Gallego (D-Alpine) will present his campaign finance reform bill to the House Elections Committee on Monday, February 26, 2001 at 1 p.m.

Click here to read the bill.


Meningitis Bill Passes Texas Senate

Yesterday, the Texas Senate unanimously passed legislation to provide information to prevent the spread of meningitis.  Senate Bill 31 by Senate Judith Zaffarini, D-Laredo, seeks to educate Texas families about the seriousness of meningitis and the preventative efforts that are available to stop the spread of this life-threatening disease.

Click here to read the bill.


Government Privacy Bills Filed

Senator Jane Nelson, R-Flower Mound, has filed two pieces of legislation that aim to increase sensitivity in the handling of forms and other information Texas citizens provide government agencies.  Senate Bills 866 and 867 are expected to be heard next Tuesday, March 6, before the Senate Committee on Business & Commerce.


D.C. ODDS & ENDS

Hillary and Bill Clinton continue to dominate the news over the last-minute pardons.  The Lege will return on Monday with new odds and ends on Capitol Hill.

Copyright 2001 Public Trends.  All Rights Reserved.
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February 22, 2001

A Disappointed Senator

In a press conference today, New York Junior Senator Hillary Rodham Clinton said she was disappointed and
saddened by the influencing activities of her brother and campaign manager.

Click here to read the story.

Losing Faith in Bush

Conservative stalwart Pat Robertson has openly opposed President Bush's efforts to allow faith-based organizations
to provide certain services.  He feels that the program will open a pandora's box.

Click here to read the story.

W Meets the Press

President Bush had his first press conference, but refused to mention the Clinton's pardons.  New York Times writer William Saffire had previously criticized Bush for not having a press conference.

Click here to read the story.

A Marshall Plan for the Texas Border

Today, members of the Mexican American Legislative Caucus and Senate Hispanic Caucus signed a resolution to
increase funding for vital infrastructure needs, and to improve educational, housing, healthcare, and employment opportunities.
The joint effort is called "The Border Promise."

Click here to read the story.

Numbers Matter

San Antonio has joined a lawsuit to prevent Secretary of Commerce Don Evans from having absolute power to determine which numbers will be used for redistricting.

Click here to read the story.

Copyright 2001 Public Trends.  All Rights Reserved.
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February 21, 2001

The Value of a Pardon

The Associated Press is reporting that Hugh Rodham, Hillary Clinton's brother, received a $200,000 "success fee"
for last minute pardons issued by the 42nd President.  President Clinton denies any knowledge of the fee arrangement.
The money has been returned by Mr. Rodham.

The fee arrangement will likely lead to more scrutiny regarding the Marc Rich pardon.

Click here to read the story.

39th Chastises 42nd

Jimmy Carter, the 39th President of the United States, has chastised the 42nd President for pardoning Marc Rich.
Carter called the pardon "disgraceful".

Click here for the story.

A Mole in the House

A senior FBI official has caused "extreme damage" to national security by spying for Russia, formerly the Soviet Union.  
The 15 year spyfest began in 1985 and came to an end yesterday.  The official faces the death penalty if convicted of treason.
A letter indicates that the official planned to be a double agent at the age of 14.

Click here for the story.

Copyright 2001 Public Trends.  All Rights Reserved.
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February 19, 2001

Welcome to The Lege, your online source for news and alerts on the Texas Legislature and U.S. Congress.

LONE STAR SCOOP

The Texas Legislature convened on January 9, 2001 to address various issues.  
Legislation has been filed to address internet privacy,  higher education, health insurance for teachers, etc.
Summaries of the key issues will be available shortly at Mycapitol.com.  

Redistricting:  Political Darwinism?

One of the key issues that will be addressed is redistricting.  Redistricting is a constitutionally mandated
 realignment process. It occurs once every ten years and must be completed by May 28, 2001.  
With  the census figures expected to be released within the next few weeks, the quest for political survival will begin.
This is the session when  legislators become cartographers, and their number one goal is political self-preservation.
Political Darwinism governs redistricting. The Lege will provide a detailed analysis of redistricting and what is
at stake in a later edition.  

Hate Crimes

Today, HB 587 by Representative Senfronia Thompson will be considered in the House Judicial
 Affairs Committee.  The bill is commonly known as the James Byrd Jr., Hate Crimes Act.  
The bill passed the Texas House of Representatives during the previous legislative session,
but was defeated in the Texas Senate.  There is a strong likelihood of passage in both houses,
but there is no assurance that Governor Rick Perry will sign the bill into law.  Stay tuned for updates.

Veterans Assistance

Representative Wise recently filed a series of bills to help Texas veterans.  
Click on "My Legislation" and do a search to view the bills.

Health Insurance for Teachers

Health insurance continues to be a key issue.  House Speaker Pete Laney appointed a 15 member Select Committee
on Teacher Health Insurance to study options for a health insurance plan for public school teachers and employees.
Several bills have already been filed and the committee has been meeting regularly.

"This is a complicated issue that involves many different aspects of state government and local schools," Laney said.
 "It is my great hope that this committee will be able to develop a process in which we can start providing a meaningful
 health program for our public school system."

D.C. ODDS & ENDS

Pardon Me?

Congress' love affair with former President Bill Clinton has no end in sight.  The congressional and
criminal investigations of Clinton's pardon of fugitive billionaire Marc Rich continue and Clinton's op-ed piece
 in yesterday's New York Times will likely raise more questions about the reason for the pardon.  
A key concern amongCongressional Republicans is whether Rich's ex-wife, Denise Rich, "purchased" the pardon by giving
millions to the Democratic Party and to Clinton's presidential library foundation.  Clinton says no, but the
Republicans are suspicious about a "quid pro quo" arrangement.  Clinton may be testifying before Congress
 to justify his action, but it is unlikely that Congress can do anything because the President has absolute pardon powers.

Globetrotting in Harlem

Forget about Carnegie Hall, Clinton is now in Harlem with a McDonald's around the corner.  
A deal has been reached to provide office space for the 42nd President.  The office space is in
an empowerment zone that Clinton helped create, and the tab to the American taxpayer will be
around $200,000 a year.  

Show me the money!

Hillary is $8 million richer!  The former first lady and junior Senator of New York received the green light
for her book deal from an ethics committee in the U.S. Senate.  Stay tuned for her book.

What tax cut?

President Bush's proposed $1.6. trillion tax cut lacks the necessary votes for passage in the U.S. Senate.
Two Republicans Senators have expressed concerns about the plan and will not support it in its current form.
Senate Democrats have offered a $1 trillion alternative.  Tax relief is likely, but the devil is in the details.

Florida - The Can't Count State

Newspaper organizations are still counting the votes in Florida to determine if Al Gore really won the presidential election.
 News executives testified last week before Congress that they will be more careful  in using exit polling data to avoid a
 similar situation in 2004.  

Thank you for visiting.  Tell your friends about The Lege!

Copyright 2001 Public Trends.  All Rights Reserved.
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