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May 2005
CONTENTS
House Passes Two-Year Budget
The Texas House of Representatives passed a two-year
budget for the state of Texas on Thursday, April
7. After 18 hours of debate, House members
voted 102-41 on a bill that spends $139.4 billion
dollars.
MALC members voting for the budget on third reading
included: Chávez, Guillen, Haggerty, Luna,
Pickett, Reyna, Rose, Uresti, and Villarreal. MALC
members voting against the budget included Alonzo,
Anchía, Burnam, Castro, Coleman, Dunnam,
Escobar, Farrar, Gallego, Gonzales, Gonzalez Toureilles,
Herrero, Hochberg, Hodge, King, Martinez, Martinez
Fischer, Menendez, Joe Moreno, Paul Moreno, Noriega,
Oliveira, Olivo, Peña, Puente, Quintanilla,
Raymond, Rodriguez, and Solis. MALC members
Dukes and McClendon were absent, although they
had voted for the budget on second reading.
To
see how all members voted, click here.
A conference committee will meet to resolve the
differences between the two bills. Speaker
Tom Craddick has named the House’s five conferees: Appropriations
Chairman Jim Pitts (Waxahachie), Rep. Dan Gattis
(Georgetown), Rep. Lois Kolkhorst (Brenham), Rep.
Sylvester Turner (Houston), and MALC member Rep.
Vilma Luna (Corpus Christi). Lieutenant Governor
David Dewhurst named his five conferees as well:
Senate Finance Chairman Steve Ogden (Bryan), Sen.
Kip Averitt (Waco), Sen. Robert Duncan (Lubbock),
Sen. John Whitmire (Houston), and Sen. Judith Zaffirini
(Laredo).
MALC member Rep. Jose Menendez (San Antonio) attempted
to pass a measure instructing the conferees to
maintain the teacher pay raise in the budget, but
the effort failed 94 to 51.
The conferees may be influenced by two other bills
currently in the Senate: HB2 that changes
the funding mechanism for public K-12 education
and HB 3 that raises taxes to fund public K-12
education. The conferees will present a final
budget bill to the House and Senate in May.
MALC Members Oliveira and Hochberg Hear Voucher
Bills in Committee
On Tuesday, April 5th, the House Public Education
Committee heard three bills addressing school vouchers. MALC
members Rene Oliveira (Brownsville) and Scott Hochberg
(Houston) sit on the committee.
The Committee considered HB12, HB 1263, and HB
3042. HB 12 by Rep. Corte is a pilot program
that makes public funding available in the state’s
six largest school districts for parents to choose
where their child attends school if the child is
failing. HB 1263 by Rep. Harper-Brown is
also a pilot program that affects the largest school
districts in the five largest counties and gives
5 percent of each district’s students funds
to attend private school. HB 3042 by Riddle
would give all students a $5,500 voucher. Dozens
of witnesses testified for and against the three
bills.
The Committee left all the bills pending and may
consider them again.
MALC Members Reyna and Gonzalez Toureilles Vote
on Emergency CPS Legislation
On Tuesday, April 5th, the House Human Service
Committee passed SB6, the omnibus Child Protective
Services bill. MALC members Rep. Elvira Reyna
(Mesquite) and Rep. Yvonne Gonzalez Toureilles
(Alice) sit on the committee.
HB 6 revamps agency standards; eliminates the
dual system of foster care by reducing the state’s
role in foster care services while keeping state
authority over investigations; directs early identification
of relative caregivers; requires more coordination
to develop foster child outreach; and makes it
a state jail felony to make false accusations of
abuse with malicious intent.
The bill reflects two years of work by the Select
Interim Committee on Child Welfare and Foster Care,
the House Human Services Committee, the Governor,
and the Comptroller. The Senate Bill had
a companion in the House, HB6. The Committee
replaced HB6 with SB6, thus making SB6 the primary
vehicle for addressing child protective services
this session. On April 20th, the House passed
SB6.
Gov. Rick Perry designated reforming Child Protective
Services an emergency item for the 2005 legislative
session. This designation allowed lawmakers
to begin working on the issue almost as soon as
session began.
Important Legislative Deadlines Approaching
Memorial Day, Monday, May 30, is the last day
of the 79th Regular Session.
During May, there will be deadlines every week
for House and Senate bills to make their way through
the process. For example, there is a deadline
for the last day for House bills to be reported
out of House committee (May 9); House bills to
be considered on 2nd reading (May 12; bills must
be “read” three times on the House
floor); Senate bills to make their way out of House
committee (May 21); and Senate bills to be considered
on 2nd reading (May 24).
MALC Members Pass Key Resolutions
On April 4, MALC member Rep. Jim Dunnam (Waco)
brought House Concurrent Resolution 139 to the
House floor, paying tribute to His Holiness Pope
John Paul II, who passed away on April 2 at the
age of 84.
HCR 139 recounts the Pope’s youth in Poland,
decision to join the priesthood, academic career,
rise through the church, and finally his life-long
dedication to the world’s religious communities
and defense of human rights.
Speaker Tom Craddick (Midland), MALC Legal Counsel
Rep. Martinez Fischer (San Antonio), MALC Chairman
Rep. Pete P. Gallego (Alpine), and MALC Vice Chair
Rep. Dora Olivo (Missouri City) joined Rep. Dunnam
as the HCR’s authors. The House and
Senate adopted HCR 139 unanimously.
On April 14, MALC member Rep. Carlos Uresti (San
Antonio; Chair, House Committee on Government Reform)
brought House Concurrent Resolution 10 to the House
Floor, declaring April as Child Abuse Prevention
Month in Texas.
HCR 10 points out that in Texas alone, more than
47,000 children suffered from abuse or neglect
last year. The Resolution also recognizes
that child abuse and neglect frequently start a
cycle of violence that perpetuates itself through
generations, thus making it not just sound public
policy but a moral duty to prevent or interrupt
this violent cycle at the earliest opportunity.
Rep. Suzanna Gratia Hupp (Lampasas) co-authored
the measure. The House and Senate adopted
HCR 10 unanimously.
A concurrent resolution is a legislative measure
that requires passage by both chambers of the legislature
and generally requires action by the Governor. A
concurrent resolution is used to convey the sentiment
of the legislature and may offer a commendation,
a memorial, a statement of congratulations, or
a welcome.
MALC Member Profile: Rep. Abel Herrero, District
34
Rep. Abel Herrero won his seat in the Texas House
of Representatives on November 2, 2004. His
House District encompasses sections of Corpus Christi
and Nueces County, Texas, including Agua Dulce,
Bishop, Corpus Christi, Driscoll, La Paloma-Lost
Creek, North San Pedro, Petronila, Portland, Rancho
Banquete, Robstown, Sandy Hollow-Escondidas, San
Patricio, Spring Garden-Terra Verde, and Tierra
Grande.
Representative Herrero began a career in public
service as a Congressional Intern in the office
of United States Congressman Martin Frost. Later,
he won election to the City Council of Robstown,
Texas, where he served from 1999-2003.
A native Texan, he graduated from Texas A&M
University and received his law degree from the
University of Texas at Austin. Currently,
he is an attorney with Royston, Rayzor, Vickery & Williams
in Corpus Christi. His practice includes
general civil and maritime litigation, and employment
and labor law.
His community involvement ranges from being a
semi-pro football player and coach to his membership
in the Robstown Independent School District’s
Gear-Up Committee. Representative Herrero also
served as the Nueces County Rural Rail Transportation
Advisor and as a member of the Robstown Improvement
Development Corporation. He is a member of
the Corpus Christi Regional Transit Authority and
the Corpus Christi Young Lawyers Association.
He is married to Matilda Carrizales Herrero. They
have a four year old daughter, Annalisa, and a new
addition to the family, Andrea,
who was just born! Congratulations!
Member Birthdays
There are no MALC Birthdays in May, but be sure
to wish a happy birthday to:
Rep. Allan Ritter – May 6
Rep. Ruben Hope – May 8
Rep. Bob Griggs – May 24
Rep. Charlie Howard – May 30
Rep. Hubert Vo – May 30
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