State Champion

Kendra Coleman won the Class 1-A 100 Meter Dash Friday at the State Track Meet in Austin with a time of 12.44. It must have been a close race as second place had the same time and third place was one one-hundredth behind, according to the Dallas Morning News.

Kendra is a Sophmore at Santa Anna High School and this is her second time to the State Meet.

Way To Go Kendra!

Happy Mother's Day!

A very special SantaAnnaNews.com "Happy Mother's Day!" to all of you mothers, especially to my Mom, Pat Wright, and my wife and mother of my children, Cindy.

Also to the mothers of my grandchildren, Jennifer and Jessica.

I can't forget my Step Mom, Marian, or my Mothers in law Linda White and Davida Pierce, or the Grandmothers and Great Grandmothers either, Maggie Robinett and Louella Pierce.

Once again Happy Mother's Day to all!

Vote

Don't forget to Vote in the City and school elections Saturday.

Coleman County Youth Activity Center News

Submitted by Sarah Beal

The Bill Franklin Community Center has a new web link with the Coleman County Chamber of Commerce, check it out at www.colemantexas.org.  The old stock show barn has been demolished and a new metal building to replace it will be going up soon. Funds are still needed for the new barn.  A groundbreaking ceremony has been scheduled for May 24^th.  The new entrance on the south end of the rodeo grounds is under construction as well as the road leading from the entrance to the Bill Franklin Center. Drive by and check out our work in progress. The Bill Franklin Center has been a busy place with such events being held there as the Texas Deer Hunters Association Banquet, District 7 4-H Consumer Decision Making Contest, Coleman County Chamber of Commerce Annual Awards Banquet, fund raiser event for Chase Avants, Curtis Yates, and Miles Baker for Australia football trip, Coleman Rodeo Association Fish Fry, Juried Art Show (approximately 500 youth toured show and watched demonstrations), Farm Bureau Ag Day (all county third grade students attended),Coleman High School After Prom Party, CCYAC Board meetings, Wind Clean Appreciation Dinner, 4-H Shooting Sports, wedding receptions, Elk Association, Aggie Muster, family reunion and Federal Land Bank meeting.

The Coleman County Youth Activity Center has received donations from the following:

Donations:

David & Vicki Stewart

Travis & Millie Goree

Coleman County Foundation

Dick & Virginia Jamison

City of Coleman- labor and equipment for building site preparation

Memorials:

In memory of Bill Laws by Denny & Beverly Altum

In memory of Victor Cardinas by Denny & Beverly Altum

In memory of Joe G. Mitchell by Lynn & Trisha Owens

In memory of Glenn Thomas by Coleman Country Club, Don & Marian Johnson, Ben & Debbie Scott, Taylor Real Estate/Ted & Sonjia Taylor, Lang & Ann Martin, James C. Stokes/Bowen Drug Store, Anna & Melton Kennedy

In memory of Voncille Thomason by Lynn & Trisha Owens, Lowetta Pope, Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham, Virginia Jamison

In memory of Bub & Patsy Miller by Dan & Berva Dawn Taylor

In memory of Patsy Miller and Billie Marie Miller, Circle C Cowbelles by Berva Dawn Taylor

In memory of Ruth Whittington by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Ruth Brooks by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham, James C. Stokes/Bowen Drug Store

In memory of  Kathryn Coffman by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of  Eugenia Pittard by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of  Leon Griffin by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of  Josh “ Trebark” Weaver by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Laura Johnson by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Georgia Dalton by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Haskell Clevenger by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Glen Wilson by Travis & Millie Goree, Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Edgar Minzenmayer by Elwood & Diane Hambright & Family

In memory of Vollie Dickerson by James C. Stokes/Bowen Drug Store

In memory of Betty Ellen Kemp by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

In memory of Billie Guthrie by Dr.& Mrs. R. M. Edington, Dr. & Mrs. Mark Swening, Dr. Sharilyn & James Nall, Dr. Johnny Needham

All donations are greatly appreciated and are tax deductible.  Donations and memorials may be sent to Patricia Owens at First Coleman National Bank, P. O. Box 552, Coleman, Texas 76834 or to Henry Dodson at Coleman County State Bank, P. O. Box 940, Coleman, Texas 76834.

Rain and Flowers

Rain seems to be the talk of the town here the last couple of weeks. All of it sure has made the tanks full and everything turn green and in full bloom.

Cindy and I returned from the Coast last week and we sure did enjpy the flowers and green trees and pastures along the way. We ran into storms around Mason on the way home Wednesday of last week. We were gone for almost a week and when we got home we had three and a half inches of rain in our Rob Cheaney Special Santa Anna National Bank rain gauge and for the first time ever we had more rain in our Coleman County Telephone Coop rain gauge with four and half inches of rain.

I always wondered why it didn't catch more since it is sort of shaped like a funnel!

I poured another inch out earlier this week, an inch and a half out Wednesday, and had about another half inch Thursday for about seven inches of rain over the last two weeks.

4-H ROUNDUP HONORS DISTRICT WINNERS

Texas Cooperative Extension*s annual District 7 4-H Roundup was held Saturday, May 5th on the Angelo State University campus in San Angelo. The event attracted more than 500 members, parents and adult leaders and Extension personnel from across the district*s 23 county area.

Roundup is the culmination of a series of contests held across the district in recent months. Judges for the event test the skills and knowledge of 4-Hers from 8 to 19 years of age. Categories range from traditional agriculture-related areas such as swine and sheep, to non-traditional areas including fashions, family life and public speaking. Senior winners may compete in Texas 4-H Roundup during the week of June 5 - 8th on the campus of Texas A&M University in College Station. To qualify for State 4-H Roundup, individuals or teams must be first, second, or third place in the District Senior divisions of Educational Presentations and Judging Contests and must be 14 to 19 years old. In Fashion Show and Share-The-Fun. Only 1st place winners qualify for State Roundup.

Roundup sponsors include: Federal Land Bank Associations within District 7 and AEP-Texas.

Winners from Coleman County were:
Educational Presentations Mackenzie Spake & Lisha Merkley, 2 place - Health
Carlie Shirk, 5th place - Open Division
Senior Fashion Show - Audrey Casselberry, 3rd place - Formal Division
Share The Fun- Denny Fulbright, 3rd place - Vocal Division
Photography - Complete results are not available at this time. Results will be announced as soon as we receive them.

Attorney General Abbott Halts Unlawful Marketing of Pain Killer

Thursday, May 10, 2007

Purdue Pharma pledges not to make false claims about OxyContin

DALLAS – Texas Attorney General Greg Abbott and 25 other states have reached a settlement with Purdue Pharma Inc. that halts the pharmaceutical company’s unlawful marketing of OxyContin, a prescription pain killer.

Under the terms of the agreement, Purdue Pharma is prohibited from promoting OxyContin through “off label” marketing, which is the unlawful promotion of pharmaceutical products by drug companies for uses not approved by the U.S. Food and Drug Administration. Purdue is also barred from making false or exaggerated claims about OxyContin’s treatment properties. The agreement also requires that Purdue employees undergo training to educate physicians and the public about its proper uses.

“Texans will not tolerate deception or misinformation about health care products,” said Attorney General Abbott. “This agreement ensures that physicians and patients are fully informed about the risks and appropriate uses of OxyContin. The Office of Attorney General will continue aggressively protecting the health and safety of Texas consumers.”

According to the settlement agreement, Purdue, a Connecticut company, consistently and deliberately downplayed the known risks associated with abuse of OxyContin. Prescriptions of OxyContin subsequently increased, as did its abuse by legitimate users and schemes to divert the drug to illicit users for a profit.

Purdue must pay $500,000 in fees to the state of Texas. These funds will allow the Attorney General to recover costs incurred during its investigation of the Purdue’s unlawful promotional scheme. According to the Attorney General’s lawsuit, Purdue marketed OxyContin as a first-choice analgesic among physicians who treated a variety of pain symptoms in violation of the Texas Deceptive Trade Practices Act.

LEGISLATION INCREASES PENALTY FOR CAVE VANDALISM

Thursday, May 10, 2007
AUSTIN - The House of Representatives has unanimously approved a bill to increase the penalty for anyone convicted of vandalizing a state-owned cave formation. House Bill 3502 by Rep. Harvey Hilderbran (Kerrville) was passed Thursday on third reading with little opposition. It now moves to the Senate for approval.

"This bill will help protect some of the state's most treasured natural landmarks," Rep. Hilderbran said. "The state cannot tolerate this type of vandalism."

In November 2006, the trademark formation of the Caverns of Sonora in Sonora, Texas, was irreparably vandalized, resulting in many concerned citizens across the state to question the current law relating to cave vandalism. The Caverns of Sonora is a natural cave that is one of the most active caves in the world, with more than 90 percent of the formations in the cave still "growing" and is known as a National Landmark.

This bill increases the penalty for a person convicted of vandalizing a cave from a Class B to a Class A misdemeanor, unless the person has been previously convicted of violating this law, in which case the crime would be considered a state jail felony.

HB 3502 also clarifies language that a person must possess a valid permit in order to excavate, remove, destroy, injure, alter or deface any part of a cave owned by the state of Texas.

SENATE VOTES TO IMPROVE MENTAL HEALTH CARE COVERAGE

Senator Tommy Williams of the Woodlands speaks in support of fellow Senator Rodney Ellis' bill to bring mental health coverage up to physical coverage standards.

(AUSTIN) -- The Senate approved a bill Thursday to bring mental health coverage up to par with coverage of physical diseases or injuries. Bill author Senator Rodney Ellis of Houston says that often insurers that offer mental health coverage charge disproportionately high co-pays or premiums for mental health care compared to physical coverage. "This is not only discriminatory, but it sends the message that mental illnesses are less important than other illnesses," he said. While Senate Bill 568 would not require insurance companies to offer mental health coverage, those that do would have to offer the same quality of coverage for mental health care as they do for physical health care.

There are certain exemptions under which companies would not have to comply with this bill. The bill would not apply to employers with fewer than 51 employees or those that offer consumer choice plans. Additionally, if an insurance company can show that complying with the bill would raise premiums or costs by 2 percent in the first two years, and one percent in subsequent years, they could apply to opt out of the requirements.

Also passed Thursday was a bill that would create a fund to promote development and infrastructure construction in the state's rural areas. Senate Bill 1485, by Brownsville Senator Eddie Lucio, Jr., would create the Rural Development Fund. This fund could go for economic and leadership initiatives in the state's rural areas, and would create a comprehensive and coordinated plan for rural development.

The Senate will reconvene Friday, May 11, at 9 a.m.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

Oklahoma Child Predator Caught By Cyber Crimes Unit Receives Four-Year Prison Sentence

Thursday, May 10, 2007

Calvin Hoddy Hannah, Jr. pleads guilty to soliciting minor online

HOUSTON – An Oklahoma child predator who crossed state lines to sexually assault an underage teen he met online was prosecuted today by Texas Attorney General Greg Abbott’s Cyber Crimes Unit and sentenced to four years in a Texas state prison facility.

Calvin Hoddy Hannah, Jr., 52, of Owasso, Okla., pleaded guilty in the 9th District Court to online solicitation of a minor after he traveled nearly 500 miles to the Houston area to meet a 14-year-old girl for sex. The “girl” turned out to be an undercover Cyber Crimes Unit investigator. Upon release, Hannah will be required to register as a sex offender for 10 years.

Media links
Calvin Hannah, Jr.	Video of Calvin Hannah's arrest

“Texans will not tolerate criminals who prey upon our children,” Attorney General Abbott said. “So desperate to meet and sexually assault a child that he traveled almost 500 miles across state lines, this offender shows the true danger posed by sex predators. We are grateful to Montgomery County District Attorney Michael McDougal and the Shenandoah Police Department for their tremendous assistance with this case.”

In July 2006, Hannah drove 480 miles from Owasso, a suburb of Tulsa, and stayed overnight in Huntsville before continuing on to Shenandoah to sexually assault someone he thought would be a 14-year-old girl he had met online. Hannah traveled further than any suspect since the inception of the Cyber Crimes Unit.

Attorney General Abbott has earned a national reputation for aggressively arresting and prosecuting child predators. In 2003, he launched the Cyber Crimes Unit, which targets online predators by assuming the identities of young teenagers in Internet chat rooms, and the Fugitive Unit, which locates convicted child sex offenders who have violated the terms of their parole and could be stalking children. Attorney General Abbott’s initiative has netted more than 500 arrests of such offenders. His office also has obtained convictions against more than 60 men on child pornography charges.

For more information, contact the Office of the Attorney General at (800) 252-8011 or visit the Attorney General’s Web site at www.oag.state.tx.us.

LEGISLATION FILED TO ADDRESS STUDENT LOAN ISSUE

Senators Rodney Ellis (left) and Dan Patrick discuss amendments to Ellis' bill requiring 3 feet of space between a passing car and a bicycle.

(AUSTIN) -- Senator Eliot Shapleigh of El Paso announced Wednesday that he filed legislation aimed at ending conflicts of interest in student loans for college. A recent investigation by the Attorney General of New York revealed that some college financial aid loan officers owned stock options in some of the companies listed on those institutions preferred lender list. This included one official at the University of Texas at Austin.

Shapleigh said this practice created an inherent conflict of interest that ultimately hurts students. "Students have had their trust betrayed by loan officers and institutions that have adopted this practice in the State of Texas," he said. Shapleigh's bill would prohibit any person involved in the student loan process at a public or private institution of higher learning in Texas from accepting any gift, including stock options or value, from a student loan company. He acknowledged that with the end of session approaching, this bill's best chance for approval is as an amendment to another bill.

Senator Chris Harris of Arlington lays out a bill that would create a new funding authority in Tarrant County.

The Senate approved a bill Wednesday that would prevent the disclosure to the public of who holds a concealed weapon license in Texas. Under current law, the Department of Public Safety can disclose who has such a license if requested. House Bill 991, sponsored by Greenville Senator Robert Deuell, would make this information accessible only to law enforcement officials. This bill now heads to the Governor's desk for final approval.

Also passed Wednesday was a bill directed at installing new leadership at Texas Southern University. After findings of fiscal mismanagement by university officials, Governor Rick Perry wanted to install a conservator to oversee reforms at TSU. Lawmakers learned, however, that such a move could impact the accreditation of the university. While it is intended for use at TSU, the bill passed Wednesday gives the Governor another option for correcting mismanagement at any state agency. "One size fits all does not work for every state agency," said bill author and TSU alumnus Senator Rodney Ellis. His bill allows for the creation of a five member governing board, appointed by the Governor and approved by the Senate. This board would develop a comprehensive rehabilitation plan for the agency under its charge, with specific benchmarks to demonstrate progress. Lt. Governor David Dewhurst said the Senate could be considering nominees for a new governing board at TSU as early as next Monday.

The Senate will reconvene Thursday, May 10, at 8 a.m. to consider the local and uncontested calendar, and will meet in regular session at 11 a.m.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

Statement by Gov. Rick Perry regarding the passage of HJR 90:

May. 09, 2007

"For too long cancer has destroyed not only the lives of those who develop this insidious and often incurable disease, but also the lives of family and friends who bear witness to the debilitating effects of cancer. The action taken by the House today holds hope for millions of cancer sufferers that some day – perhaps over the next decade – the cure for cancer will be found by researchers working in Texas.

"Combining our existing resources with substantial funding to support ongoing research projects and bring leading scientists to our state, will put Texas on the path to becoming the world's foremost leader in cancer research.

"Finding a cure for cancer is a noble goal, but I believe we can find a cure for cancer – and we will.

"Today's vote brings us one step closer to forever changing the way we view this disease. I thank Representative Jim Keffer and other members who supported this effort for investing in a future of hope."

Gov. Perry Awards $600,000 in Emerging Tech Funds to Lynntech

May. 09, 2007

AUSTIN - Gov. Rick Perry today awarded $600,000 to Lynntech Inc. of College Station for further development of its hydrogen fuel cell technology, which will be used for electrical power generation in machines such as wheelchairs, forklifts, pallet jacks, and military and commercial aircraft support vehicles.

“Technological innovation is the lifeblood of today’s economy,” Perry said. “Texas is making an important investment in our state’s future by supporting continued investment in emerging technology, which creates more jobs and generates substantial capital investments, diversifying and enriching our economy.”

The grants are awarded through the Texas Emerging Technology Fund (TETF), a $200 million initiative created by the Texas Legislature in 2005 at the governor’s request. The award will leverage an additional $600,000 received from the U.S. Air Force Small Business Innovative Research program to accelerate the commercialization of this technology.

A 17-member advisory committee of high-tech leaders, entrepreneurs and research experts reviews potential TETF projects and recommends funding for projects to the Governor, Lieutenant Governor and Speaker of the House.

To date, the TETF has allocated $76.8 million in grant funds to Texas companies and universities in areas promoting:

• Increasing research collaboration between public and private sector entities through new Regional Centers of Innovation and Commercialization where the seeds of an idea can take root in a university lab and eventually grow into a new product marketed by a new or expanding firm;
• Matching research grants provided by both federal and private sponsors to help innovators acquire the capital they need to bring their idea to life; and
• Attracting more top-notch research teams from other universities around the nation that will help put Texas universities on the cutting edge of technology research and development.

For more information on the TETF, please visit www.emergingtechfund.com

PERRY DECIDES NOT TO VETO HPV BILL

Senator Judith Zaffirini of Laredo passed a bill that exempts college textbooks from sales tax during the beginning of the spring and fall semesters.

(AUSTIN) -- When Governor Rick Perry issued a mandate in January requiring sixth grade girls to be vaccinated against the human papillomavirus, he set off a political debate about the powers of the legislature against the power of the executive branch. That debate ended on Tuesday, as Perry held a press conference announcing that he will not veto a bill that effectively cancels his January mandate. Lt. Governor David Dewhurst said this whole conflict could have been avoided if the Governor had consulted with the Legislature before issuing his mandate. "All the Governor would have had to do was talk to us, and he would have seen we would have embraced a program that was opt-in instead of opt-out," he said. Included in the bill that was sent to Perry to replace the mandate were provisions for development of educational materials to communicate the health risks, including a sharp increase in cervical cancer rates, of HPV infection.

The Senate approved a measure aimed at helping college students cope with the high cost of higher education. SB 49, by Laredo Senator Judith Zaffirini, would make college text books tax-free during the beginnings of the fall and spring semesters. Also passed Tuesday was a bill intended to help small towns and counties handle complex and expensive prosecutions. SB 2037, by Senator Steve Ogden of Bryan, would permit the state Attorney General to offer assistance to any prosecutor regarding prosecution of any case. Local DA's wouldn't have to worry about the state taking over all their big cases: prosecutors would be allowed to decline that assistance if they wish.

The Senate will reconvene Wednesday, May 9, at 11 a.m.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

Text of Gov. Rick Perry's Remarks Announcement of Decision Regarding HB 1098

May. 08, 2007

Good afternoon. In early February I initiated a national debate by ordering the widespread use of the HPV vaccine, which protects women from the deadly human papillomavirus that serves as the most common cause of cervical cancer.

Since then, the legislature has countered that order with the passage of House Bill 1098; a bill which awaits my action by today.

During that timeframe, a debate which affects real lives has been hijacked by politics and posturing.

I have never seen so much misinformation spread about a vital public health issue: whether it is the effectiveness of the vaccine, the impact of the order on parents' decision-making authority, or the impact this will have on the behavior of young women.

But the fact remains: my order always has been and always will be about protecting women's health.

And while I respect the voice of the legislature, this issue has never been about the separation of powers, but the saving of lives. Those legislators who claim this is about their right to determine public policy have succeeded in overturning my order. But if they care about succeeding in stopping the spread of the second most deadly cancer among women, and not just asserting their power, then they will turn around and pass legislation to make access to the HPV vaccine as widely available as possible.

Instead, they have sent me a bill that will ensure three-quarters of our young women will be susceptible to a virus that not only kills hundreds each year, but causes great discomfort and harm to thousands more. Instead of vaccinating close to 95 percent of our young women, and virtually eliminating the spread of the most common STD in America, they have relegated the lives of our young women to social Darwinism, where only those who can afford it or those who know about the virtues of it will get access to the HPV vaccine.

In fact, this legislature has not only overturned an order that could save women's lives, but they put rider language in the budget that prevents the state from funding vaccines for low-income women if it is mandated by the commission. This is shameful.

Not only does this not make sense in terms of social policy, it doesn't make fiscal sense. The cost of providing this vaccine to eligible young women through the Vaccines for Children program and Medicaid is less than $13 million in general revenue each year, while the cost of treating HPV-related cervical diseases is $173 million in direct medical costs each year.

I am also mystified by the argument that making this vaccine widely available encourages promiscuity, especially from legislators who voted for a needle exchange program that encourages drug addicts to continue to abuse illegal drugs.

The fact of the matter is, even when young people are cautious, and abstain from risky behavior, they could still become a victim of HPV, either from a marriage partner, or worse yet, as a victim of rape. Such is the story of Amanda Vail, who was raped and now must forever fight HPV. Amanda, thank you for your courage, and for standing here with me today.

Amanda's story is made all the more tragic by the circumstances surrounding her contracting of this virus. But it is nonetheless a tragedy for every woman who contracts this disease, regardless of the circumstances. And it is the tone of this debate that has disturbed me most. The notion of forgiveness and grace has been totally lost in this debate. People make wrong choices. Our society is full of such individuals who have found redemption from past mistakes.

But if we had a vaccine for lung cancer, would we stop its widespread use because it might send a message that it is okay to engage in an unhealthy behavior like smoking?

The sad irony is, if you or I had a family member suffering from cervical cancer, there is no treatment we would rob them of if it could take away the pain and bring them back to health. And yet, we won't provide them the vaccine that can prevent all that pain and suffering - that death sentence - to begin with because of the message it might send? What about a message of grace, compassion and forgiveness for anyone who has made wrong choices? Have we lost sight of that?

Banning widespread access to a vaccine that can prevent cancer is short-sighted policy. Critics cannot legitimately point to science or medicine to back up their claims. Nor can they hide behind the veneer of parental rights when parents can opt out. Nor can they say that it encourages wrong choices with any real legitimacy, and even if they could, they do so without regard to a higher imperative: which is to save lives.

And this is not some arcane policy debate. We're talking about real lives. Lives like Barbara Garcia, whose battle with cervical cancer now confines her to a wheelchair. She won't live to see her 9 year old son one day graduate from high school…or ask his sweetheart to marry him. Barbara, thank you for being here today. That's what this is about my fellow Texans, ensuring that other women don't have to face the same suffering.

It's about women like Cheryl Lieck, the county attorney for Chambers County. Who, even though she is a survivor, bears the scars of this terrible disease. After 3 rounds of chemo therapy, 3 intensive surgeries and 37 rounds of radiation, she still must endure pap smears every 3 months. In the end, the fight for her life has cost her more than $250,000. She is fortunate to be alive. Thank you for joining us Cheryl.

Thousands of women in Texas have stories like Amanda and Barbara and Cheryl. Women who have fought and continue to fight a battle against cervical cancer. In the next year, more than a thousand women will likely be diagnosed with this insidious yet mostly preventable disease. They will begin their fight. I challenge legislators to look these women in the eyes and tell them, "We could have prevented this disease for your daughters and granddaughters, but we just didn't have the gumption to address all the misguided and misleading political rhetoric."

I want to thank those legislators who voted against this bill. They will never have to think twice about whether they did the right thing. No lost lives will occupy the confines of their conscience, sacrificed on the altar of political expediency.

I have wrestled for a few days with whether to veto this bill, or let it become law without my signature. But the fact of the matter is, it will become law no matter what because the voice of the Legislature is clear. And rather than allowing this issue to be held captive one more day by legislative politics and the inevitable posturing that will ensue during a veto override debate, I have decided to let it become law without my signature. It is time to move this issue from the political arena to the court of public opinion where real lives are at stake, and it is time to do so without delay.

Every day that goes by, another Texas woman loses her battle with cervical cancer. That is a tragedy. But while those women sadly leave this life, one each day, their voices won't be silenced. Some day they will be heard.

One such voice is that of Heather Burcham, a 31-year old victim from Houston. She was too weak to make the trip here today; cancer is ravaging her body. And when she did come here a few months ago, few in the legislature wanted to listen.

Politicians have had their say on this issue and politics has been served. They have had an opportunity to eliminate the leading cause of the second most common cancer in women. They chose not to.

With the time she has left on this earth, Heather Burcham has chosen to try and reach as many young women as possible and urge them to get vaccinated so that no one has to suffer as she has.

The courage and dignity she has shown, and the good she is doing with her short life is worth so much more than the empty political rhetoric that has emanated from this building on this issue. So today, I am going to let Heather have the last word. She has something to say, and I think it's infinitely more important than anything written in this bill.

Accompanying Filing Letter

Tuesday, May 8, 2007

Attorney General Abbott Cracks Down on Identity Theft; Takes Action Against Pawn Shop Chain For Exposing Records

Case against EZCORP is fifth ID theft enforcement action by Attorney General in recent weeks

SAN ANTONIO – Texas Attorney General Greg Abbott took legal action Tuesday against Texas-based EZCORP Inc., and its subsidiary, EZPAWN, for systematically exposing its customers to identity theft. According to documents filed by the Attorney General, EZCORP violated the law by repeatedly failing to protect customer records that contain sensitive personal information.

Investigators with the Office of the Attorney General discovered that several San Antonio EZPAWN stores exposed customers’ personal identifying information by discarding business records in easily accessible trash cans behind the stores. According to investigators, the records included promissory notes and bank statements that contained names, addresses, Social Security and driver’s license numbers, and checking account information.

“Identity theft is one of the fastest growing crimes in the United States,” Attorney General Abbott said. “Texans expect their personal information to remain confidential. The Office of the Attorney General will take all necessary steps to protect consumers from identity thieves.”

Media links
Video of News Conference	EZPAWN credit application found in dumpster (Click to enlarge)
Legal action against EZPAWN

Investigators also found evidence of similar instances of improper document dumping at a dozen other EZPAWN locations around the state, including stores in Austin, Houston, Lubbock and the Rio Grande Valley.

The defendants are accused of violating the Texas Deceptive Trade Practices Act (DTPA) and the 2005 Identity Theft Enforcement and Protection Act, which requires the safeguarding and proper destruction of clients’ sensitive personal information. Under the law, the Office of the Attorney General has the authority to seek penalties of up to $25,000 per violation of the DTPA and $50,000 per violation of the Identity Theft Enforcement and Protection Act.

The Attorney General also charged EZCORP and EZPAWN with violating Chapter 35 of the Business and Commerce Code, which requires businesses to develop retention and disposal procedures for their clients’ personal information. The law provides for civil penalties of up to $500 for each abandoned record.

The Office of the Attorney General is investigating whether any exposed data has been used illegally. Consumers who interacted with EZPAWN stores should carefully monitor bank, credit card and any similar statements for evidence of suspicious activity. Customers should also obtain free copies of their credit reports.

Consumers who wish to file a complaint may contact the Office of the Attorney General at (800) 252-8011 or do so online at www.oag.state.tx.us, where they can also obtain information on identity theft detection and prevention.

Today’s legal action against EZCORP is the Office of the Attorney General’s fifth identity theft enforcement action in recent weeks. In April, Attorney General Abbott took legal action against CVS/pharmacy and RadioShack Corporation for exposing hundreds of customers to identity theft by failing to properly dispose of records that contained sensitive information. In March, the Attorney General filed an enforcement action against Jones Beauty College in Dallas for improperly discarding student financial aid forms with Social Security numbers and other personal information. Also in March, Attorney General Abbott took legal action against On Track Modeling, a North Carolina-based talent agency that abruptly shut down its Grand Prairie office and abandoned more than 60 boxes containing hundreds of confidential client records.

Tuesday, May 8, 2007

Attorney General Abbott, Nueces County Sheriff Crack Down on Parents Who Fail to Pay Child Support

Sheriff Jim Kaelin arrests 16 parents in countywide sweep

CORPUS CHRISTI – Sheriff Jim Kaelin and deputies with the Nueces County Sheriff’s Office today arrested 16 local parents who violated court orders requiring them to pay child support. The countywide sweep, which targeted parents who failed to make regular child support payments, was conducted in conjunction with Texas Attorney General Greg Abbott’s Child Support Division.

“Texans will not tolerate parents who neglect their children,” Attorney General Abbott said today in a Corpus Christi news conference. “Parents who do not pay their child support must be held accountable. We are grateful to Sheriff Jim Kaelin for his commitment to children and his dedication to strict law enforcement.”

Early this morning, Sheriff Kaelin dispatched four two-person teams to track down delinquent Nueces County parents who were wanted contempt-of-court charges that stem from their failure to pay child support. Investigators with the Attorney General’s Child Support Division aided the Nueces County Sheriff’s Office by providing logistical assistance and helping to locate missing parents.

Delinquent parents arrested this morning must appear for court hearings that can result in sentences of up to six months in jail. Cash bonds that parents post to get out of jail are paid to the custodial parents and children that are owed back child support.

Parents wanted for child support violations can avoid the embarrassment of arrest at their home or work by voluntarily appearing at the Warrant Section of the Sheriff’s Office at 901 Leopard Street.

Under state and federal law, the Office of the Attorney General is obligated to assist families who request child support services and is required to assist those families that currently receive or have received public assistance. Services offered by the Child Support Division include locating absent parents; establishing paternity for children born to unmarried parents; establishing, enforcing, and modifying child and medical support orders; and collecting and distributing child support payments.

Parents can call 1-800-252-8014 to apply for services or obtain information about their child support case. Statewide, child support collected by the Attorney General exceeded $2 billion for the state fiscal year that ended Aug. 31, 2006. The Attorney General’s Nueces County child support offices collected $46 million of that amount.

Stockshow Committee Meeting

The Coleman County Livestock Show Committee will meet on Tuesday, May 15th at 6:00 p.m. at the Bill Franklin Center. Plans for the 2008 show will be discussed. All interested persons are encouraged to attend. For more information contact Sarah Beal at 785-4291 or ssbeal@web-access.net

Common Medicare Questions

Submitted by Debbie Hailey - Coleman County Extension Agent Family & Consumer Sciences

Prepared by Andrew B. Crocker, Extension Program Specialist – Gerontology Health

HOUSE PASSES BORDER SECURITY BILL

Monday, May 7, 2007

~ Provides money to fight border crime; improves homeland security coordination ~


(AUSTIN) - Today, the Texas House of Representatives gave preliminary approval to House Bill 13 by Rep. David Swinford (Dumas) to improve the coordination of homeland security operations along the Texas border and reduce criminal activity.


"Mexican cartels take advantage of our porous border with Mexico to traffic drugs and other criminal activity throughout Texas and the rest of the United States," Rep. Swinford said. "Portions of our border with Mexico are controlled by drug lords where murder and crime is skyrocketing. We must take control of our border, and this legislation will get us closer to that goal."


Swinford's legislation creates the Border Security Council whose members will be appointed by the governor and whose function will be to oversee the distribution of $103 million to border law enforcement agencies. A legislative committee would be created to monitor this activity and report back to the legislature on the effectiveness of these programs. Concurrently, state funds could be leveraged with federal funds under legislation currently pending before Congress.


The bill also encourages cities and counties to cooperate with federal agencies in immigration matters, allowing for the withholding of homeland security funding in the event they actively disregard federal laws. A legislative study will also be conducted to evaluate the expedited deportation of illegal immigrants held in state jails and prisons for criminal offenses.


"This is one of the most important pieces of legislation that we will pass this session as it affects the safety of every citizen of this state and country," Speaker Tom Craddick (Midland) said. "I want to thank Chairman Swinford for putting forth a bipartisan bill that will beef up the homeland security structure in Texas."


Before becoming law, the bill must receive a final vote in the House, be approved by the Senate and then signed by the governor.

HOUSE PASSES TYC REFORM LEGISLATION

Monday, May 7, 2007

~ Measure increases oversight of agency, improves training, enhances prosecution ~


(AUSTIN) - Today, the Texas House of Representatives gave tentative approval to legislation that would overhaul the Texas Youth Commission (TYC) by providing greater transparency of its operations, prosecuting offenses committed within the agency, and improving the hiring practices of guards. Senate Bill 103 (SB 103), sponsored by Rep. Jerry Madden (Richardson), is the central piece of a package of legislation drafted in response to revelations of unreported abuse and fiscal mismanagement at the TYC.


"The abuse and poor performance identified at the TYC cannot be allowed to continue," Rep. Madden said. "This bill reforms the structure, management and oversight of the commission to provide true rehabilitation, not just the punitive warehousing that characterizes the system today."


SB 103 reorganizes the commission by: establishing an Office of Independent Ombudsman to evaluate and secure youths' rights; creating an Office of the Inspector General (OIG) with licensed peace officers to investigate criminal complaints; and, allowing the Special Prosecution Unit (SPU) to prosecute offenses at the TYC. Additionally, the legislation requires transparency through access and reporting of incidents by: allowing advocacy and support groups contact with youth; subjecting the TYC to a state audit and requiring regular, internal audits; and, requiring regular reports by the OIG, SPU and the Ombudsman to the Legislature.


To enhance the delivery of services, SB 103 improves the training of juvenile corrections officers and reduces staff-to-youth ratios to 1:12. Background and routine criminal history checks will be required for all employees, contract employees, volunteers and the ombudsman. All TYC facilities will be required to gain accreditation by the American Correctional Association, and all employees will be made at-will.


To address concerns of treatment of youth, a review process will be created to address the arbitrary and retaliatory extensions of lengths of stay that have plagued the system. Penalties will be increased for sexual conduct by staff. A parental bill of rights and handbook will be developed and distributed, and a comprehensive health delivery system will be required to ensure youth receive necessary treatment.


"The allegations of abuse that have taken place at various TYC facilities are appalling," Speaker Tom Craddick (Midland) said. "Chairman Madden has spent a great deal of time crafting legislation that will help prevent future mistreatment of these children. I am pleased to see this legislation pass the House so we can immediately put into place changes that will improve the system."

Gov. Perry: Presidential Disaster Declaration Approved for Denton County

May. 07, 2007

AUSTIN - Gov. Rick Perry today announced that a federal disaster declaration for Denton County has been approved by President George W. Bush as a result of severe storms and flooding in the county on April 24.

“This disaster declaration is welcome news to the residents of Denton County,” Perry said. “The communities devastated by these storms can now begin rebuilding their homes and businesses.”

The Federal Stafford Act makes Texans in Denton County whose homes and properties were destroyed or damaged by the storms eligible to receive individual assistance. Individual Assistance programs, which help individuals and families who are not covered by insurance, can include financial assistance, temporary housing, tax relief, legal services, crisis counseling and Disaster Unemployment Assistance.

On May 1, President Bush declared three counties federal disaster areas, covering damages incurred April 21, when storms and tornadoes struck the City of Cactus in Moore County and the Tulia area in Swisher County, and April 24, when tornadoes struck areas around Eagle Pass in Maverick County. The governor issued a state disaster proclamation for these three areas on April 25.

Other assistance programs made available with a Presidential Disaster Declaration include:

• Disaster Housing Assistance may include funds for repairs, providing temporary housing, rental assistance or reimbursement for hotel/motel lodging costs for residents who lost their homes.
• The Individual and Households Program may provide for necessary expenses and serious needs not met by insurance, loans or other forms of assistance, which may include medical, dental and funeral expenses.
• The Small Business Administration provides low-interest loans to homeowners, renters and businesses affected by the disaster.
• Crisis counseling is available to anyone in the designated disaster area.
• Disaster Unemployment Assistance is administered by the Texas Workforce Commission and provides benefits for up to 26 weeks after a disaster declaration to persons who lost their jobs directly due to the disaster.

REP. TRUITT’S BILL PUTS THE BRAKES ON SPEEDING TICKETS USING CAMERAS

Monday, May 7, 2007
AUSTIN, TX — The Texas House has overwhelmingly approved House Bill 922 that prohibits the use of cameras combined with motion-sensing technology for the purposes of issuing speeding tickets. The bill author, State Representative Vicki Truitt (Keller) said, “It's important to enforce our speed limits, but we need to do so in ways that protect our basic rights.”

The technology uses results in a picture taken of the speeding car and driver, and the car's owner is sent the speeding violation in the mail. "This practice makes the car’s owner responsible for ensuring the guilty party is held responsible for the offense. That is fundamentally different from the way law enforcement has worked up until now," said Truitt.

Rhome and Marble Falls are currently using the technology. Marble Falls sends its vendor a fee for every ticket it issues, and the vendor manages the printing and mailing of the actual ticket, according to news reports. "This is a technology that enables the entirety of the process to be outsourced. In fact, it has been reported that the ticket is actually issued by an employee of the vendor, in Rhode Island, who sold the system. This means you can get a ticket driving in Texas, from a law enforcement officer located in Rhode Island. It doesn't have to be Rhode Island, it could be anywhere,” said Truitt.

"We had overwhelming support for this bill from police departments all over the state because they know this technology doesn't slow people down as effectively as a police officer in a car issuing a ticket. This is just a technology that automates the process and treats the car owner as the guilty party, regardless of who is driving the car. That's not right. We need to draw a line in the sand with the use of technology Rep. Truitt refers to as “camera cops.” “If we don’t, what’s next? Tickets in the mail for not wearing your seatbelt, or for an expired inspection sticker?" Truitt continued.

HB 922 will now be considered by the Texas Senate before it can become law.

Rep. Vicki Truitt is a fifth term legislator from Tarrant County representing Grapevine, Colleyville, Southlake, Keller, Westlake, and parts of Trophy Club and Fort Worth. She is Chairman of the House Committee on Pensions and Investments, Vice-Chairman of the Sunset Advisory Commission, and a member of the House Committee on Public Health.

Statement from Gov. Perry spokesman Robert Black on the passage of HB 13, relating to homeland and border security issues:

May. 07, 2007

“Gov. Perry applauds the members of the House of Representatives for recognizing the tremendous success of Texas’ border security efforts under the current homeland security structure and for believing in the old axiom: if it ain’t broke, don’t fix it. By passing HB 13, House members have affirmed that the proper place for homeland and border security coordination is in the office of the state’s chief executive and that Texas’ homeland security efforts are a model for the nation.”

Monday, May 7, 2007

Child Pornographers Investigated by Cyber Crimes Unit Receive Tough Prison Sentences

Former soldier, high tech worker found guilty on child pornography charges

AUSTIN – Texas Attorney General Greg Abbott’s Cyber Crimes Unit continued its aggressive crackdown on child pornographers Friday, when a former Fort Benning soldier was sentenced to 40 years in state prison and an Austin-area technology executive was sentenced to nine years in federal prison, both on child pornography charges.

A Montgomery County jury returned a guilty verdict against Michael Ray Peterson-Lisembee, 23, of Magnolia, who was charged with possessing and promoting child pornography. Peterson-Lisembee received 20-year sentences on each of two counts of promotion and five-year sentences on each of 12 counts of possession. The possession charges will run concurrently with the two stacked 20-year terms. Upon release, he will be required to register as a sex offender for life. Assistant Attorney General Sarah Wannarka prosecuted the case.

Media links
Michael Ray Peterson-Lisembee	Christopher Chalberg

Also on Friday, an Austin federal court formally sentenced Christopher Chalberg, 33, of Burnet, after a jury returned a guilty verdict on three counts of child pornography possession. Upon release, Chalberg will be required to register as a sex offender for life and submit to 10 years of supervision by authorities. Assistant Attorney General Grant Sparks prosecuted the case in conjunction with the U.S. Attorney’s Office.

“Texans will not tolerate criminals who prey upon our children,” Attorney General Abbott said. “The Cyber Crimes Unit will continue to protect young Texans by aggressively cracking down on child pornographers and sex predators. We are grateful to U.S. Attorney Johnny Sutton and Montgomery County District Attorney Michael A. McDougal for their assistance with these cases and their commitment to Texas children.”

Cyber Crimes Unit investigators executed a search warrant at Peterson-Lisembee’s Houston-area home in March 2006 after a tip from the National Center for Missing and Exploited Children indicated he was sending e-mail containing sexually explicit images of children. A forensic examination of his computer revealed more than 600 child pornography images and numerous images of bestiality. During the course of the investigation, Peterson-Lisembee was living in Fort Benning, Ga., where he received basic training as an enlisted soldier in the U.S. Army.

After receiving a referral from a local high tech company where Chalberg worked as a human resources executive, the Cyber Crimes Unit launched an investigation and examined Chalburg’s computer. Forensic analysis revealed sexually explicit images and more than 30 videos of children being sexually assaulted. Cyber Crimes Unit investigators also determined that Chalberg was the subject of a pending Williamson County child pornography investigation. In 2003, Chalberg was suspected of purchasing online access to child pornography with his credit card. Chalberg consented to a search of his home computer, which revealed videos of children being sexually assaulted.

The case against Chalberg is part of Project Safe Childhood (PSC), a national initiative announced by U.S. Attorney General Alberto Gonzales earlier this year. PSC encourages the use of multi-jurisdictional task forces to investigate and prosecute the sexual exploitation of children over the Internet. In addition to tough law enforcement, PSC encourages community-wide campaigns to assist victims and to educate parents, other adults, and children about Internet safety. For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.

In Texas, investigative assistance in these matters is provided by the Texas Attorney General’s Internet Crimes Against Children Task Force (ICAC). In May 2006, Attorney General Abbott’s Cyber Crimes Unit was awarded a $300,000 grant from the U.S. Department of Justice’s Office of Juvenile Justice & Delinquency Prevention to establish an ICAC Task Force. The Texas Attorney General’s ICAC Task Force is one of almost 50 federally funded task forces across the country dedicated to this project.

Attorney General Abbott has earned a national reputation for aggressively arresting and prosecuting child predators. In 2003, he launched the Cyber Crimes Unit, which targets online predators by assuming the identities of young teenagers in Internet chat rooms, and the Fugitive Unit, which locates convicted child sex offenders who have violated the terms of their parole and could be stalking children. Attorney General Abbott’s initiative has netted more than 500 arrests of such offenders. His office also has obtained convictions against more than 60 men on child pornography charges.

For more information, contact the Office of the Attorney General at (800) 252-8011 or visit the Attorney General's Web site at www.oag.state.tx.us.

INCREASED CHILD SEX ABUSE PENALTIES PASSED

May 7, 2007

(AUSTIN) -- The Senate approved a measure Monday intended to aid district attorneys in prosecuting those who repeatedly sexually abuse a child over a period of time. Senate Bill 78, by Plano Senator Florence Shapiro, creates a new type of offense, called continuous sexual abuse of a child. This would apply to someone that commits a sexual assault or indecency with a child under 14 years of age more than once over a 90 day period. Anyone convicted under this proposed law would face a minimum sentence of 25 years in jail, without possibility of parole. "I am offering this bill to give prosecutors a tool they need to get convictions in the very difficult situation when a child has been the victim of on-going sexual abuse," said Shapiro.

This bill is very similar to language in HB 8, also known as Jessica's Law, which passed the Senate earlier in the session. That bill created a similar penalty, but only if the crimes are committed within 30 days. Monday's bill creates a back-up vehicle for continuous sexual abuse of a child to become law, if conferees on HB 8 are unable to reach a compromise.

Also Monday, the Senate passed a bill that would give the Legislature more oversight over lawsuits against the state. SB 2031, by Bryan Senator Steve Ogden, would require the Legislature to approve any settlement over $5 million. This would prevent situations where the Attorney General can agree to a very large settlement without legislative involvement.

The Senate will reconvene Tuesday, May 8, at 8 a.m. to consider the Local and Uncontested Calendar, and will convene in regular session at 11 a.m.

(From right) Gov. Rick Perry, Lt. Gov. David Dewhurst, Senator Kirk Watson, Senator Leticia Van de Putte, Rep. Jose Menendez, and Rep. Tommy Merrit stand for the National Anthem at a memorial service for fallen Texas police officers on the Capitol Grounds Monday.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

What to Wear on Prom Night

Submitted by Debbie Hailey - Coleman County Extension Agent Family & Consumer Sciences

WEEK IN REVIEW: TOP TEN PERCENT CHANGES PASS SENATE

Senator Royce West and Senator Florence Shapiro negotiate a compromise on legislation aimed at changing the state's automatic college admission policy.

May 4, 2007

(AUSTIN) -- Sweeping changes to the state's automatic college admission program, called the top ten percent rule, are headed over to the House with the Senate's Friday approval of a compromise measure. The top ten rule, which grants automatic admission to any state university to students that graduate in the top ten percent of their high school classes, has been a controversial measure in recent sessions. Proponents of the plan say it has increased diversity, not only racially, but economically and geographically. Critics say it restricts admissions officers, forcing them to consider only one criteria, grade point average.

Officials at the University of Texas at Austin have lobbied for change, saying 71 percent of the most recent freshman class was admitted under the rule. They point to a day where the only criterion considered for admission at UT is GPA. Friday's compromise would cap admissions under the top ten percent rule, which Lt. Governor David Dewhurst said is good for UT and good for students. "This is a good idea that will increase diversity at the University of Texas at Austin and give a more holistic approach to the selection for a lot of deserving students," he said.

Senate Bill 101, by Education Committee Chair Florence Shapiro, would cap admissions under the top ten rule to 50 percent of an incoming freshman class. Then admissions officers would select another 10 percent of that class from remaining top ten applicants using a broader selection criteria. The last 40 percent could be admitted under a traditional holistic review process. Students who qualify for automatic admission that don't get into their first choice of school because of the cap get admission at their second choice university. Also, in order to qualify, students must take at least the recommended high school curriculum.

The bill was amended by Senator Royce West of Dallas, one of the biggest supporters of the top ten percent rule, to sunset the changes in 2015, to ensure that admissions officials are still making diversity a top priority. Under this program, if it becomes law, universities would be given the option of participating. The only university where top ten admissions exceed 50 percent of the freshman class is UT-Austin, but Texas A&M enrolled 44 percent of last year's freshmen under automatic admissions.

A major amendment was added by Finance Committee Chair Steve Ogden, that would waive the statutory tuition, set at $51 per semester credit hour at state schools, for high school students that graduate in the top ten percent of their class. This will translate to savings of about $1500 per year for a student who qualifies. Ogden said this change will actually encourage state schools to go out and recruit top ten percent students, because the state's higher education funding formula will actually pay universities more money for students that don't have to pay statutory tuition. He added telling students that if you work hard, you will be rewarded, is an important public policy statement. "I would like you to consider this amendment as an economic incentive to reward top ten percenters, to encourage top ten percenters in our state, and it will work."

Also this week, the Senate approved a bill aimed at giving more property tax relief to cities and counties in Texas. This bill would allow city and county jurisdictions to increase the sales tax by 0.25 percent each, for a total of 0.5 percent, with that money dedicated to lowering local property tax rates, if approved by local voters. It also changes the rollback provision from 8 to 5 percent, meaning voters get to vote to reduce property tax increases if they exceed 5 percent in one year. Bill author Senator Kevin Eltife of Tyler said this could lead to real savings for property tax payers. "This could provide meaningful property tax relief for cities and counties if the voters approve it," he said.

Other legislation passed by the Senate this week includes:

• SB 966, by Ellis, would grant limited protection to journalists to keep confidential sources confidential;
• HJR 19, by Carona, would require both chambers to record and publish all contested votes;
• SB 1204, by Duncan, would reorganize the state's county and district court system and;
• SB 217, by Shapiro, would increases penalties against parents of chronically truant students.

The Senate will reconvene Monday, May 7, at 1:30 p.m.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

Friday, May 4, 2007

Two Indicted in Shelby County Indigent Fund Theft

Former county official, daughter-in-law charged in scheme to steal $190,000

CENTER – In a case co-prosecuted by Texas Attorney General Greg Abbott’s office, a Shelby County grand jury has returned second-degree felony indictments against a former Shelby County assistant auditor and her daughter-in-law for diverting more than $190,000 from the county’s indigent health care fund. Marilyn Lout, 70, of Shelbyville, and Kimberly Lout, 43, of Warren in Tyler County were indicted for theft and misapplication of fiduciary property.

The Attorney General today filed a forfeiture action on behalf of Shelby County to protect the stolen funds. Investigators with the Office of Attorney General seized those funds on April 24. Today’s filing seeks court approval for the forfeiture of nearly $130,000 held in Hardin County bank accounts assigned to Kimberly Lout and other family members. The Attorney General’s Office is also attempting to recover an additional $64,000 in diverted funds that were stolen.

Media links
Kimberly Lout	Marilyn Lout
Misapplication of Fiduciary Property Indictment
Theft Indictment

Texans will not tolerate government officials who steal from taxpayers and violate the public trust,” said Attorney General Abbott. “The Office of Attorney General will aggressively prosecute the perpetrators of this outrageous scheme to defraud Shelby County’s Indigent Health Care Fund. We are grateful to Shelby County District Attorney Lynda K. Russell for her office’s tremendous assistance with this case.”

As assistant county auditor, Marilyn Lout was responsible for administering the Shelby County Indigent Health Care Fund. Following an audit by the subsequent Shelby County Auditor, county investigators traced missing public funds to bank accounts in Hardin County, south of Center.

According to documents filed by the Attorney General, Marilyn Lout falsified invoices billing the county for medical treatments provided to the indigent. While the treating physicians were properly paid from the fund for services rendered, Marilyn Lout reproduced the invoices, inflated the amount owed and issued checks written to her relative. Those checks were imprinted with official auditor’s and treasurer’s stamps. Ranging in amounts between $1,500 and $10,000, the checks were ultimately diverted to Kimberly Lout, who deposited them into her personal accounts in Hardin County.

Because Marilyn Lout was previously a county employee, Shelby County District Attorney Russell requested the Attorney General’s assistance with the case

Mario Gallegos is sworn in as Governor for the Day by his friend Harris County Commissioner Sylvia Garcia.

STATE HONORS GALLEGOS AS GOVERNOR FOR THE DAY

May 5, 2007

AUSTIN -- The state continued its 50 year tradition of honoring Presidents Pro Tem of the Senate with the swearing in of Houston Senator Mario Gallegos, Jr. as Governor for a Day. The President Pro Tem is elected by his peers at the beginning of each session, and stands third in line for the Office of Governor. Once a session, the Governor and Lt. Governor leave the state for one day, officially making the President Pro Tem Governor of Texas. This serves as an opportunity to highlight the accomplishments and public service of the President Pro Tem, as well as celebrating his or her district. "I can't think of a better way to celebrate Cinco de Mayo than by swearing in Mario Gallegos as Governor of the state of Texas," said Houston Senator John Whitmire, who served as Master of Ceremonies for today's events.

Governor Gallegos, his wife Theresa, and mother exit the Chamber following the inaugural ceremony.

Gallegos has served in the Senate since 1995, after serving three years in the House. A former Houston firefighter, Gallegos is renowned for his representation of police officers and firefighters, as well as seniors, children and the needy.

Gallegos received a liver transplant at the beginning of the 80th session, which has kept him in Houston for most of the year on doctor's orders. Gallegos returned to the Senate, beginning with the critical vote on the state budget, in order to ensure the passage legislation passes that benefits his constituents.

Governor Mario Gallegos delivers his Inaugural Address before a Chamber packed with friends, family and well wishers.

During his inaugural address, Gallegos reflected on the challenges of the past few months. "I am proud to be able to stand before you as your Governor today, but I am more proud, to be able to stand before you at all." Gallegos then urged those in attendance to become organ donors, and bestow the gift of life to another, as he had it bestowed to him. "Perhaps it is the nature of this state, to offer us a second opportunity to make one's mark," he said.

Guests from Senate District 6 and around the state were treated to entertainment, food and celebration all day as part of the Governor for a Day festivities.

Photo Gallery

Governor Gallegos and his wife Theresa stand with Gallegos' transplant doctor, Dr. Joseph Galati and his son, after the traditional breakfast at the Governor's Mansion.	Governor for the Day Mario Gallegos, Jr, and First Lady Teresa Gallegos stand with friends and family on the front steps of the Governor's mansion in downtown Austin.	Houston Fire Department Honor Guard precedes the First Family into the Senate Chamber at the start of the inauguration ceremony.

To see more, including a video of the proceedings, navigate to Senator Gallegos' Senate Website.

STRAUS PASSES LEGISLATION TO PROTECT VICTIMS OF FAMILY VIOLENCE

Friday, May 4, 2007
Austin, TX -- Today the House of Representatives gave preliminary approval to House Bill 3692 by Rep. Joe Straus (San Antonio) and yesterday passed the companion, House Joint Resolution 6. Bexar County District Attorney Susan Reed and Rep. Straus worked together on these bills that will allow courts to deny bail to persons arrested for violating protective orders and conditions of bond in family violence cases. "The legislation will provide law enforcement and courts stronger tools to address this heartbreaking trend," said Rep. Straus.

On August 23, 2006, Evairene O'Connor was brutally murdered by her ex-husband Matthew O'Connor. Mr. O'Connor was due in court later that day because he had violated a protective order Evairene had against him. He was wearing the court-ordered monitoring device as he shot her and then himself. Evairene's death exposed a flaw in the system that is supposed to protect victims of domestic violence.

Currently in the state of Texas, courts can deny bail when the person is charged with a capital offense and the evidence is clear. There are also some strictly limited circumstances where bail can be temporarily denied; most are contingent upon previous felony convictions. “Our laws already provide protection at the felony level but there is a gap on violation of protection orders rising only to the misdemeanor level. This legislation will plug that hole and offer further protection to victims in circumstances which history teaches us can be violent and deadly," explained Reed. Mr. O'Connor was charged with a misdemeanor violation of a protective order. He was eligible for bail and was allowed to leave his home while wearing an electronic monitoring device.

Evairene O'Connor is not alone. Last year in Bexar County alone, police reported 392 cases of offenders violating protective orders. Forty-seven of these cases resulted in felony charges being filed against the offenders. HB 3692 and HJR 6 aim to help end the fear and suffering experienced by victims of family violence. "Unfortunately, the law alone is not going to end this problem," Straus said. "We must educate women and men on warning signs and available community resources. These bills are just part of the solution, but they are an important first step."

Gov. Perry Awards $749,829 in Emerging Tech Funds to Photodigm

May. 04, 2007

AUSTIN - Gov. Rick Perry today awarded $749,829 to Photodigm Inc. of Richardson for further development of its advanced laser technology, which will result in more affordable and efficient laser systems necessary for equipment used in communications, digital imaging, defense and medical devices. For example, Photodigm lasers are currently being used in defense systems, including ultra-high performance sensors for airborne detection of submarines.

“These funds allow Texas to invest in technologically innovative companies which are key to driving competition and advancement not only in our state’s robust economy, but also the global marketplace,” Perry said. “Continued investment in emerging technology creates more jobs and generates substantial capital investments, diversifying and enriching our economy.”

The grants are awarded through the Texas Emerging Technology Fund (TETF), a $200 million initiative created by the Texas Legislature in 2005 at the governor’s request. The award will leverage an additional $749,829 received from the U.S. Air Force Small Business Innovative Research program to accelerate the commercialization of this technology.

A 17-member advisory committee of high-tech leaders, entrepreneurs and research experts reviews potential TETF projects and recommends funding for projects to the Governor, Lieutenant Governor and Speaker of the House.

To date, the TETF has allocated $76.4 million in grant funds to Texas companies and universities in areas promoting:

• Increasing research collaboration between public and private sector entities through new Regional Centers of Innovation and Commercialization where the seeds of an idea can take root in a university lab and eventually grow into a new product marketed by a new or expanding firm;
• Matching research grants provided by both federal and private sponsors to help innovators acquire the capital they need to bring their idea to life; and
• Attracting more top-notch research teams from other universities around the nation that will help put Texas universities on the cutting edge of technology research and development.

For more information on the TETF, please visit www.emergingtechfund.com.

RECORD VOTE RESOLUTION PASSES SENATE

Dallas Senator John Carona votes in favor of his resolution to require record votes for all contested legislation.

May 3, 2007

(AUSTIN) -- Texans could monitor the voting records of their representatives in the Legislature under a measure passed by the Senate Thursday. House Joint Resolution 19, sponsored in the Senate by Dallas Senator John Carona, would require both Chambers to take a record vote on all bills, amendments, and resolutions, excepting those where there is no objection. Both houses would have to publish each vote online, and keep votes online for no less than 2 years. Generally, the Senate takes record votes of all contested measures, and Thursday's resolution is aimed at creating consistency in the House and Senate as relates to voting policy. The Senate passed a similar measure last session, but it didn't make it out of the House.

Also Thursday, the Senate approved a bill intended to keep dangerous "e-waste" out of landfills and dumps. Obsolete or broken electronic equipment, like computers and TV's, often find their way to standard trash disposal facilities. This equipment contains dangerous toxins, such as lead and mercury, that if not properly handled at a disposal facility can seep into the groundwater. SB 1324, by Austin Senator Kirk Watson, would require companies to provide free and accessible areas to recycle their own old products.

The Senate will reconvene Friday, May 4, at 10 a.m.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

May. 03, 2007

Gov. Perry Announces Maxim Locating In Irving

State Commits $5 Million from Texas Enterprise Fund

AUSTIN – Gov. Rick Perry today announced a $5 million Texas Enterprise Fund (TEF) grant to Maxim Integrated Products as part of the state and local efforts to secure the company’s expansion to a new facility in Irving. This investment is projected to generate $200 million in capital investments and will create approximately 1,000 new jobs over the next seven years.

“The Enterprise Fund continues to be the most successful deal-closing fund in the nation, and consequently, this investment by Maxim Integrated Products will create nearly 1,000 new jobs over the next several years and will enhance Texas’ reputation as a world leader in semiconductor production,” said Perry. “Today’s announcement is yet another sign that Texas remains one of the world’s premiere places to run a business.”

In 2003, Perry announced a $1.5 million TEF grant awarded to Maxim Integrated Products to secure a semiconductor facility in San Antonio. Maxim Integrated Products manufactures integrated circuits including, data converters, interface circuits, microprocessor supervisors, switches, battery chargers, fiber optic transceivers and semi conductors. The company, with more than 7,900 employees, is headquartered in Sunnyvale, Calif., with multiple fabrication and test centers around the world, including San Jose, Calif., and San Antonio and Dallas, Texas.

“I personally want to thank Governor Perry, the Texas Enterprise Fund and the City of Irving for closing the deal for Maxim to purchase and develop this facility and bring these jobs to Texas,” said Chuck Rigg, Senior VP of Administration and General Counsel for Maxim Integrated Products.

The legislature, at Perry’s request, created the TEF in 2003 and re-authorized it in 2005 to help bring new jobs to Texas. To date, the TEF has closed the deal on projects generating more than 45,000 new jobs and $15 billion in capital investment in the state.

JOINT STATEMENTS FROM SEN. ROBERT DEUELL AND REP. DIANNE WHITE DELISI

Thursday, May 3, 2007
~ Regarding the unanimous decision by the Senate Committee On Health and Human Services to adopt the committee substitute for SB 439 ~


AUSTIN - "With the steps we are taking with this legislation, we are working to improve the Advance Directive Bill passed in 1999. Under the provisions in this bill, we have taken steps to protect patients and help families deal with very difficult situations. We have also recognized the position of health care providers in a way that respects their compassionate care of people who may be facing permanent disability or death. We have recognized a patient's right to basic hydration and nutrition, regardless of any other factor, and we have worked together to be compassionate while facing the realities of end of life issues."

Senator Robert Deuell, author of SB 439



"This action by the Senate is a positive step in the right direction to achieve broad consensus on a critical issue. I am grateful for all of the work done by so many people to move forward comprehensive reforms to the Texas Advanced Directives Act. The central tenet of this legislation has been compassionate care. It has been crafted by patients, families, physicians, caregivers, the pro-life community, nurses, clergy and people of faith, hospitals, and from the many witnesses who participated in the multiple public hearings held in both chambers. The need to have an advanced directive act that respected all consciences was heard and acted upon in this legislation. I look forward to working with Sen. Deuell as SB 439 advances. I also must thank Chairman Jane Nelson for her leadership."

Representative Dianne White Delisi, Chairman, House Committee on Public Health

CALLEGARI PASSES LANDOWNER'S BILL OF RIGHTS ACT

Thursday, May 3, 2007
Today the Texas House of Representatives gave its final approval to House Bill 1495 by Representative Bill Callegari (Katy). The bill, formally entitled the Landowner's Bill of Rights Act, provides landowners with full notice of their rights and options during the condemnation process.

"A landowner faced with having their land condemned deserves comprehensive disclosure with regard to what they are up against," said Representative Callegari. "Currently, landowners don't receive a shred of information about their rights and options when their property faces condemnation. This leaves many feeling helpless and bewildered."

As approved by the House, the Landowner's Bill of Rights Act requires that governmental entities seeking to condemn private property provide affected landowners with a “Landowner's Bill of Rights” statement. The statement provided must inform landowners of their rights to notice, fair negotiation, compensation, and to appeal a condemnation judgment. The written statement must also describe the condemnation process, the condemning entity's obligations throughout the condemnation process, and the landowner's available options.

Representative Callegari's bill also requires that the bill of rights statement be written in plain language that can be easily understood by the average property owner. The statement must also be printed in an easily readable font and type size.

"The fact that someone's home may be condemned through the power of eminent domain should not be hidden in fine print that can only be deciphered by a lawyer," said Representative Callegari. "This Act requires that landowners affected by a proposed condemnation receive a fair, easy to read and understand explanation of their rights and the condemnation process."

Representative Callegari continued, "The prospect of having one's home or property condemned is a sobering one. While there are some legitimate reasons for condemning private property, such as for a school, hospital, or a road, the affected landowner deserves a fair understanding with regard to what is happening. The bill passed by the House of Representatives today helps landowners protect their property by informing them of their rights and what they can do to defend the place they call home."

Representative Callegari's Landowner's Bill of Rights Act is one of several measures before the Texas Legislature aimed towards reforming the condemnation process in Texas. Another bill passed by Representative Callegari, H.B. 3057, reforms the process that cities may use to condemn blighted properties. Another measure, H.B. 2006 by Representative Beverly Woolley, and co-authored by Representative Callegari, proposes several reforms to the condemnation process, and is due for deliberation on the House floor within a week.

HOUSE PASSES HB 12

Thursday, May 3, 2007
~ Legislation lifts cap on sporting goods sales tax ~


(AUSTIN) - Today, the Texas House of Representatives passed House Bill 12, by Rep. Harvey Hilderbran (Kerrville). House Bill 12 dedicates all sporting goods sales tax collections to the Texas Parks & Wildlife Department (TPWD) and the Texas Historical Commission (THC) to support state parks, local parks and historic sites.


"The measures in House Bill 12 provide a long term funding allocation plan for these two great agencies. House budget conferees will be diligent in their efforts to ensure that this infusion of resources is appropriated as they work with the Senate on House Bill 1," Speaker Craddick (Midland) said. "I would like to thank Rep. Hilderbran for developing a plan that allocates the necessary resources to the Parks & Wildlife Department and the Historical Commission so these agencies are able to focus on what they do best."


House Bill 12 lifts the cap imposed during previous sessions on revenue dedicated to the TPWD from the sporting goods tax. Currently, TPWD is only allocated $32 million out of the roughly $100 million the tax raises annually. By lifting this cap, more than $215 million will be allocated to TPWD over the next biennium.


"I am very pleased that an overwhelming majority of my colleagues understood the necessity of addressing the crisis facing our Texas parks," Rep. Hilderbran said. "The passage of House Bill 12 is a crucial first step in fixing the problems in our park system and returning it to the beacon system in the nation. House Bill 12 will restore excellence to the Texas park system by removing the funding cap, improving management practices and increasing local park funding opportunities, which will help increase revenue and traffic to Texas parks and historic sites and provide the kind of experience that will bring visitors back."


House Bill 12 also transfers management of 18 historic sites from the TPWD to the THC along with over $13 million to operate these sites over the next biennium. The transfers will give these historic sites more individualized attention from the THC. The THC specializes in historic preservation and manages some of the most effective preservation programs in the nation, including the Texas Historic Courthouse Preservation Program, the Texas Main Street Program and the Texas Heritage Trails program. The tourism these historic sites attract is a particularly strong contribution to the state's economy, making it imperative that these sites are being used to their full potential as economic development tools.

REP. COLEMAN: OVER 17,000 CHILDREN LOSE CHIP COVERAGE FOR MAY

Thursday, May 3, 2007
~ "Red tape rules" adopted by HHSC directly cause children that lost CHIP coverage ~


(Houston)//--State Representative Garnet F. Coleman (Houston) announced that the Health and Human Services Commission (HHSC) announced that 17,078 fewer children will be covered by the Children's Health Insurance Program (CHIP) in May than in April. According to the HHSC, many of the families have lost coverage due to "red tape rules" adopted by HHSC.

"Until we pass the CHIP bill and until we require HHSC to eliminate it's 'red tape rules,' the state of Texas will continue to unfairly deny health coverage for children," Rep. Coleman said. "We have to do both. The CHIP bill fixes state laws that deny access to CHIP, but the 'red tape rules' also deny access to CHIP."

"I passed a rider on the budget that would have fixed the 'red tape rules' adopted by HHSC. Unless that rider stays on the budget, eligible children will continue to lose CHIP coverage."

According to an e-mail from the HHSC announcing the enrollment decline, the majority of children lost coverage because of the 'red tape rules' the Commission has adopted. As stated in an e-mail sent to Rep. Coleman's office Thursday, May 3:

"Many of the families up for renewal this month had received an automatic extension of their coverage…HHSC granted the automatic extensions in response to an issue involving the vendor's ability to properly identify when an application was missing information necessary to determine if the family qualified for the program. …HHSC stopped granting the automatic extensions late last year. This has caused a decrease in the renewal rate."

"The Health and Human Services Commission admitted their vendors could not properly process CHIP applications," Rep. Coleman said. "Previously, their rules did not punish children for their administrative failings. But HHSC changed those rules, and as they stated, 'this has caused a decrease in the renewal rate.' No one can question that these 'red tape rules' are directly causing children to lose their CHIP coverage."

May. 02, 2007

Gov. Perry Urges Legislators to Support Fiscal Responsibility

Advocates Passage of Additional Tax Relief and a Stricter Spending Limit

AUSTIN – Gov. Rick Perry today joined Texans for Fiscal Responsibility President Mike Sullivan and state legislators to emphasize the importance of fiscal restraint as the 2008 legislative session nears the end. In his State of the State address, Gov. Perry called on legislators to support an additional $2.5 billion in tax relief and to enact a tighter spending cap on state expenditures.

While commending legislators’ budgetary restraint in passing budgets which leave roughly $8 billion unspent, Gov. Perry advocated using some of that money for tax relief. “I think it is reasonable to take about a third of that money and give it back to the people so it doesn’t get spent just because we have it in our pocketbook.”

Gov. Perry also advocated for a stricter spending cap, saying, “Taxpayers deserve a state spending limit that is actually a limit. I support tying spending increases to inflation and population growth.”

Echoing his call from the beginning of session, the governor urged the legislature to promote greater budget transparency through detailed budget line items, rather than lump sum appropriations. Transparency initiatives also included disclosure of public funds on agency websites. Since January, the governor’s office has posted all expenditures on the web. This effort was also met by the Texas Education Agency and the Comptrollers’ Office. Gov. Perry also reiterated the importance of instilling a spending cap which ties spending increases to inflation and population growth.

“I commend legislators for supporting the elimination of the TIF tax and the end of large payment delays,” Gov. Perry said. “But there are still billions of dollars of spending gimmicks that, if not addressed when we have a record surplus, never will be.”

Sullivan mailed 80,000 pieces of direct mail into the House districts of members sitting on Appropriations, Ways and Means and Local Government Ways Means Committees. Each mail piece contained a perforated post card an individual could send their representative urging a stricter state spending limit, real budget transparency in government, and the elimination of taxes and fees no longer needed. The response has generated more than 6,000 returns.

Noting that there are still 26 days left in session, Perry urged action on taxpayer protections, saying, “Let’s make sure it’s the taxpayers who have a good session – not just big spending special interest groups.”

SENATE PASSES COURT REALIGNMENT PLAN

Sen. Robert Duncan of Lubbock lays out his plan to realign the state court system to improve efficiency.

May 2, 2007

(AUSTIN) -- The Senate approved a bill Wednesday intended to streamline the Texas court system by changing most county courts-of-law to district courts. Senate Bill 1204, by Lubbock Senator Robert Duncan, would convert 45 county courts to district courts, and would give them jurisdiction over civil matters ranging from $100,000 to $250,000. Duncan said the state needs more conformity when it comes to court jurisdiction across Texas.

The bill also provides more money for courts when dealing with complex cases, allowing these courts access to funds to hire personnel and equipment when dealing with intricate matters. It would direct funds to reduce the backlog of Child Protective Service cases. All in all, Duncan says this is an overdue upgrade to the state's justice system.

"I think this bill will improve our judiciary and efficiency in our court system," he said.

Parents of chronically truant students would have an extra incentive to make sure their kids go to school under a bill also approved Wednesday. Senate Bill 217, by Plano Senator Florence Shapiro, would increase penalties for parents that refuse to address constant truancy by charging them with a class-B misdemeanor. Shapiro said that some parents aren't fazed by the current class-C misdemeanor fines, and an additional level of punishment is needed. Parents wouldn't have to worry that one or two incidents would land them in court: judges would be free to consider extenuating circumstances. Also, the class-B penalties only kick in after two prior class-C citations at the maximum fine level.

Retailers would be able to use fingerprints to verify age when selling things like tobacco and alcohol under a bill passed today by Waco Sen. Kip Averitt.

Also passed Wednesday is a bill aimed at using new technology to help retailers keep minors from buying age-restricted products like alcohol and tobacco. A bill by Senator Kip Averitt of Waco would allow retailers to require fingerprint identification to verify age for the purchase of age-restricted products. The bill statutorily prevents the dissemination of fingerprint information in order to prevent marketers or other companies from buying access to fingerprint databases.

The Senate will reconvene Thursday, May 3, at 8 a.m. to consider the Local and Uncontested Calendar, and will convene in regular session at 11 a.m.

Session video and all other webcast recordings can be accessed from the Senate website's audio and video archive pages.

Attorney General Abbott Halts Unlawful Marketing of Cocaine Drink

Wednesday, May 2, 2007

Temporary restraining order protects consumers against product marketed as street drug alternative

DALLAS – Texas Attorney General Greg Abbott today filed a legal action against a Nevada company and its three Texas distributors for the marketing and selling of an energy drink as an unapproved drug, claiming it is a “legal alternative” to illicit street drugs.

The Dallas County District Court issued a temporary restraining order halting all Texas marketing and distribution of the drink, “Cocaine.” Redux Beverages touts the canned drink as “speed in a can” and “liquid cocaine,” with “warnings” that consumers who drink the product may succumb to “excess excitement, stamina, fun and possible feelings of euphoria.”

Media links
Detained 'Cocaine' Cans (Click photos to enlarge)
Attorney General's lawsuit against Redux Beverages