Tag Archives: texas lege

SB4 Racial Profiling Law Temporarily Blocked

This is great news, even if it is temporary.

During a stressful time of natural disaster in which people have lost homes, cars, property and have had their livelihood threatened, the added stress of having a racist racial profiling law that targets brown people hanging over them is at the very least stopped while it goes through further review.

The judge found that certain provisions of SB 4 conflict with, and are pre-empted by, federal law because enforcing SB 4 will interfere with the federal government’s authority to control immigration. The judge also found that enforcing SB 4 will result in First Amendment violations.

The judge also determined that vague prohibitions in SB 4 violate due process and “create a real danger of arbitrary and discriminatory enforcement.”

In addition, he found that enforcement of the mandatory detainer provisions “will inevitably lead to Fourth Amendment violations.”

SB4 was to go into effect on September 1, 2017. Now, Federal Judge Orlando Garcia will likely set a date for a hearing to determine its constitutionality. Obviously, we await a response from Abbott and his Republican cohorts who supported this bigoted bill.

Even before the remnants of Hurricane Harvey hit Houston, there was worry in the air as thousands were expected to end up in temporary shelters run by local, state, and federal authorities. Soon, there were rumors that people would be asked their immigration status to receive even the simplest disaster assistance–shelter, food, medical. Mayor Sylvester Turner offered some relief in stating that Houston’s doors were open to anybody in need. Still, a targeted community was stressed.

Thanks to ACLU, MALDEF, the lawyers, the witnesses, the activists, and the cities who joined the challenge. Obviously, this is not over and continued attention and activism must continue to ensure this bigoted law is finally defeated. This is definitely a welcome first step.

MALDEF provided the following FAQ on the decision (click image to enlarge).

maldefsb4

UPDATE:  Republican governor Greg Abbott will continue his defense of this bigoted law.

“U.S. Supreme Court precedent for laws similar to Texas’ law are firmly on our side,” Abbott said in a statement. “This decision will be appealed immediately and I am confident Texas’ law will be found constitutional and ultimately be upheld.”

 

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SB4 Passes Texas Senate Committee

trumpfamilycrossing950Late night news from the Texas Capitol is that Senate Bill 4, a bill which bans “sanctuary cities” while giving local law enforcement increased authority in federal immigration enforcement, has passed the Texas Senate State Affairs Committee by a vote of 7-2–along Party lines.

Beyond the ban which allows local cops to question individuals about their immigration status, the bill also takes local control away from Texas cities whose leaders take a position against localized immigration enforcement, while refusing state grants to those communities with “sanctuary” policies. The bill also targets college campuses with “sanctuary” policies.

No doubt, this is a hate-based bill.

From Reform Immigration Texas Alliance:

After all the testimony (over 450) and with over 1,500 people signing in opposition, the Senate State Affairs Committee passed SB4 with a 7-2 vote along Party lines. #FightDoesNotEnd #StopSB4 #TexasTogether #Txlege #RITA#TexasResist

Después de más de 450 testimonios y más de 1,500 personas anotandose en contra, el Comité de Asuntos Estatales paso la SB4 con un voto de 7-2.

SB4 sigue siendo propuesta solamente. El siguiente paso es que vaya al Senado completo a una votación. Después o al mismo tiempo sigue un proceso similar en la Casa de Representantes. Una vez que pase en las dos Cámaras es cuando va al Gobernador para que se firme y entonces se convierte en ley. ¡Aún tenemos oportunidad de parar la SB4 injusta!

Opponents of SB4 are not giving up as the bill must go to a full Senate vote and a similar process in the House before it appears on Greg Abbott’s desk. Abbott has made the bill an emergency item, while the rest of the state implodes.

Thanks to all the individuals, organizations, and elected officials from around the state for showing up yesterday to oppose SB4.

 

A State Rep Working On Real Issues

With today’s news that Dan Patrick is more interested in potties and sending back billions in federal education dollars to DC, it’s time to remind folks that there are folks representing us in Austin that are actually serving their constituents.

Last weekend, I attended State Rep. Gene Wu’s (HD137) town hall. Having lived in the district for a few years, I had yet to attend one, but since this one would have much to do with moving toward a set of legislative priorities, I thought I’d better go.

Upon arrival, I found a pretty diverse crowd that looked just like Houston. “De todo un poco,” or, a little of everything. And Wu didn’t make the meeting all about him, though I wouldn’t blame him since he’s up for re-election. In fact, he showcased some local experts on issues, such as education, health care, and public safety.

H.D. Chambers, chief at Alief ISD, presented on the realities about public education in the area, and especially on the lawsuit filed by numerous Texas school districts regarding education finance. (The lawsuit was decided today by the Texas Supreme Court and, let’s just say, the kids, the people, and the schools lost). The lawsuit was mainly about having the courts decide how enough resources would be provided to meet expectations that we place on our schools. The Court decided that the state met minimum constitutional standards of funding.

Anyway, he reminded us that there are 5 million students in K-12, but that there are 3.5 million children age 0-3, who by 4 should be getting into Pre-K. Of course, Pre-K support from the state is non-existent. This poses a major threat to the future of Texas, which includes a startling statistic:  If a child cannot read by 3rd grade, there is a 35% chance that the child will dropout of school.

Freddy Warner from the Memorial Hermann system spoke regarding health care from a major system standpoint. He stated that health care and education are among the top funding priorities in the Texas legislature and that in the coming session, they may be crowding each other out. Considering Texas was just bailed out by the Obama administration regarding Medicaid, one would think that Medicaid expansion would be a priority. Warner stated that there is zero chance it would be addressed as health care doesn’t seem to be a priority for most in Austin. He did mention that Memorial Hermann does provide $1.4 billion in charity care.

A startling statistic he provided is that we shouldn’t be surprised if there is a budget shortfall in 2017. While the State Comptroller based a budget on $65 per barrel oil, we’re currently at $40 ($46 today) per barrel. It just doesn’t look good for our next budget.

Now, take Dan Patrick’s potty boycott of $10 billion of our federal money that we’ve paid into the system into consideration. Now, open a bottle of booze and start worrying.

Next up was Januari Leo of Legacy Health, which is a federally qualified health center. The majority of people seen by them are uninsured who cannot afford the emergency room or private clinics. They weren’t helped when Harris Health changed their qualification threshold, thus cutting 19,000 patients from their services.

With uncompensated care growing, and Obama bailing out Texas Medicaid, if a politician for state or local office (Republicans) promised you a cut in property taxes, it is not going to happen. Texas needs to pay its bills. How that is accomplished when we take losses in oil revenue, dismal tax collections and other budgetary nightmares into consideration, well, go ahead and open a second bottle of booze.

The public safety presentations by Assistant County Attorney Vinson and Lt. Conn from HPD centered on some of the things their agencies are working on. The County Attorney’s office is mostly working on ridding the district of nuisance businesses–massage parlors and after-hours clubs. They attract crime, drugs, etc. HPD’s Midwest division helps businesses develop surveys of the areas they serve as to type of crimes and how to protect themselves. They have programs to work at Lee HS with at-risk youth.

Overall, a very interesting meeting that has prepared me for the 2017 session. While State Rep. Wu will definitely have a list of priorities based on open communications with constituents, he’ll have to deal with some of the odd-ball and bigoted priorities being presented by Dan Patrick and his potty buddies.

Ultimately, elections matter. We have a run-off coming up and early voting begins on May 16. You best start practicing for November.

Thanks to Rep. Wu’s staff for putting on an informative meeting and for that open door.

 

Americans United: Bills Threatening Church/State Separation Defeated

I got some good news from Americans United for Separation of Church and State in the inbox. Some pretty awful bills were killed with the end of the Texas Lege session this week. Here’s the story:

The Texas legislature introduced a variety of bills that threatened to violate the separation of church and state that is vital to true religious liberty. But, thanks to your action and hard work, these bills were defeated! Here is an example of some of the problematic bills that did not pass:

Anti-Sharia Bills:Texas House Bills 562, 670, and 3698 did not mention Sharia law specifically, but were really motivated by anti-Muslim animus. Their purpose was to combat the unfounded fear that Sharia law could be applied in Texas courts. This precaution is unnecessary as Texas courts are already empowered to refuse to enforce foreign law judgments if they violate Texas and U.S. laws.  The bills’ only effect, therefore, would have been to spread anti-Muslim rhetoric.

Voucher Bills: Senate Bills 4, 642, and 1178, each would have created a different kind of voucher scheme. Whether in the form of a “scholarship,” “grant,” or tax credit, these voucher programs would have funneled taxpayer money into primarily religious schools, violating our country’s commitment to the separation of church and state.  Studies show voucher programs do not improve academic achievementor provide greater educational opportunities for disadvantaged students.  According to multiple studies of the District of Columbia, Milwaukee, and Cleveland school voucher programs, students offered vouchers do not perform better in reading and math than students in public schools. They also often lack accountability, oversight, and civil rights protections.

So-Called “Religious Freedom” Bills: The Texas legislature introduced over 20 of these so-called “religious freedom” bills that could have trumped the civil rights of all Texans, and the LGBT community in particular. House Bill 4105, which was later added to House Bill 2977, attacked marriage equality specifically. Even if the Supreme Court decides this month that same-sex couples have a constitutional right to marry, this bill would have prohibited state or local public funds from being used for an activity that includes the licensing, support, or recognition of a same-sex marriage. This bill would have also codified a particular religious view of marriage to the exclusion of other religious views held by many Texans.

House Bill 3864 would have allowed state-funded child welfare agencies to discriminate against potential parents for religious reasons. For example, adoption agencies could have refused to place a child in a good home with a same-sex couple, previously divorced individuals, or adherents to a religion with which they disagree. Not only would this bill have permitted government-funded discrimination, but it would have placed the child welfare agency’s interest above that of a child’s.

Thank you for contacting your legislators and helping us defeat these bills! There will be no legislative session in Texas in 2016, but please watch for our Federal action alerts and help to make a difference defeating bad bills in Congress!

As long as right-wing zealots exist, these bills will continue to re-appear. Thankfully, good activists exists who advocate for those who are constantly under attack.

The 84th Lege is Over!

Well, this time around, I didn’t get to blog much about Lege happenings. My compadres in the blogosphere did a lot of good writing and that was good enough for me.

The main bills I kept an eye on were targeted ones, like legalized racial profiling (sanctuary cities), a ban on in-state tuition for undocs, and, because I have family members who work in higher education, guns on college campuses. If Abbott signs the campus carry bill despite the amendment which allows University and college presidents to designate gun-free zones, then I’ll have gone two out of three. Not that that’s a good thing, considering the danger of allowing concealed guns on campus.

There were other victories that came in the form of dead bills–bills that either didn’t make the cut or were chubbed by Democrats, especially anti-LGBT bills. Of course, some of our favorite reps and senators passed bills that affected or impacted their respective districts. I’m sure the press releases will start trickling in.

One huge pile of waste is the almost one billion dollars that will go to Greg Abbott’s brand of border security through the use of an overburdened DPS. It’s already been proven a waste, but in order for gringo Republicans to feel the warm and fuzzies, I guess this needs to be done, right? It certainly doesn’t make Texas safer.

So, while this session is over, I’m sure we’re in for more during the 85th, including a whole new fight over sanctuary cities and in-state tuition, and anything else the bigots come up with in the name of “sovereignty” and “border security.”

Anyway, Happy Sine Die!

Former Trustee Debra Kerner Responds to Chron Editorial on HCDE

Some of you may have seen a scathing editorial in Sunday’s Chron in which various complaints were listed against the Harris County Department of Education. HCDE has been under attack by Republicans for a long time and there is a current movement by Paul Bettencourt of the Texas Senate to get rid of it.

According to former HCDE Trustee Debra Kerner, the editorial contains a lot of misinformation that she wanted to clear up. Here is her own letter-to-the-editor which, hopefully, the Chronicle will also run.

Dear Houston Chronicle Editorial Page Editor,

Regarding “HCDE draws sharp look” (Sunday, May 24, 2015, pg.1), I served as a countywide elected Trustee for the Harris County Department of Education (HCDE) from January 2009 to January 2015. During that time, I held various Board positions including Vice President. I read the article, “HCDE Draws Sharp Look” from Sunday, May 24, 2015 with intense interest and felt that as a private citizen and former board member, I had to respond.  I would ask that the public consider these clarifying facts.

1) HCDE serves students, educators and school districts.  Their services are provided at the request of Harris County school districts.  They seek to enhance and innovate and provide services to the school districts and the residents of Harris County.  All 25 of the school districts in Harris County choose to use at least some of the services from HCDE.  HCDE provides even more services than are listed in the article, including Safe and Secure Schools.  As told to me by the head of Region 4, all of these services cannot be duplicated by the Education Service Center (Region 4).  Who would provide these services, if HCDE had to close?

2) During my tenure, HCDE underwent several audits and a Texas legislative study.  These studies determined that HCDE’s education services saved taxpayer dollars and that it would cost school districts significantly more to replicate. While areas for improvement were identified, none of the studies recommended closure.  The Board had always taken steps to improve the department and continues to do so.

3) One example that was noted in the article was the policy on hiring political consultants.  The Board did not have the chance to vote on the Eversole contract.  Once the board learned about these hirings, the policy was changed to bring more transparency to the process of hiring political consultants. While I understand, the concern about using tax dollars for this purpose, I believe it would be unfair to the students and educators served by HCDE to not give them a voice regarding the educational resources that are so valuable to them. Many school districts also hire lobbyists and political consultants to help educate legislators and others about their needs.  In addition, HCDE has a group consistently seeking its abolishment.  Three year olds and other students with severe disabilities cannot go to Austin to indicate the true value of HCDE, so HCDE does it for them.  HCDE is a voice for those who can’t speak for themselves.

4) Ms. Vera and the Houston Chronicle have initiated countless open records request.  HCDE has been compliant and constantly sought to increase transparency.  Responding to these requests has been costly; however, none of these requests have yielded information that rises to the level of criminal activity. Any issues that were found, the Board had already initiated steps to improve the situation. At the same time, HCDE has continued to educate students, train teachers and provide valuable wraparound services.

5) We should focus on what HCDE is doing now. HCDE has hired a new superintendent, James Colbert, who is moving forward. The Board has made changes to address policies and procedures to ensure that things are done correctly and transparently.   HCDE continues to respond to the needs of partner districts. I participated in the hiring of Mr. James Colbert and from what I’ve seen thus far, he is a true leader who is very responsive to the educational needs in Harris County.  The reason HCDE has fought against additional studies regarding abolishment is that it is hard to plan for the future when the threat of closure hangs over their heads.

I was honored to serve with Trustees who truly cared about enhancing education in our county in a fiscally responsible way.  It is a shame that the voices of a few are taken as fact when thousands of students and the 25 Harris County school districts find value in HCDE every single day.

Thank-you,

Debra Kerner

Former Trustee, Harris County Department of Education

Senator Garcia Votes Against State Budget Proposal; It Fails to Address Needs

This just in to the inbox:

AUSTIN – Today, Senator Sylvia Garcia voted against the Senate’s State Budget proposal. The Senate Budget failed to address billions of dollars in identified needs such as:  education,  facilities, healthcare, pre-k, and transportation.

“Texas should not be conducting corporate tax giveaways at the expense of kids and families – it should be providing the services that taxpayers have paid for, such as schools and highways. We made a promise to invest in Texas schools after the 2011 cuts, but instead we face a looming school finance lawsuit,” Senator Garcia stated.

“We were elected to wisely invest Texans’ hard-earned money and grow the Texas dream, but this budget does neither. When the state underfunds schools and roads, it penalizes the hardworking taxpayers that rely on the state to meet these fundamental needs. The budget fails to adequately fund healthcare, pre-k, and other priorities of working families in Texas.”

“In an unprecedented move, Department of Public Safety’s budget is nearly tripled to $811 million in an alleged response to border security threats in South Texas. Meanwhile, crime rates are increasing across Houston and other areas of the state. I cannot honestly tell my constituents that we’re representing their best interests by putting $811 million into policing the border, when they feel unsafe in their own communities hundreds of miles away.”

Texas Republicans Insist on Racial Profiling Law

tmf185Yep, that didn’t take long.

The Republicans are insisting on a law that legalizes racial profiling for the purpose of local law enforcement playing the role of migra mouse in Texas. In other words, the same law that was passed in Arizona. What was delayed by Democrats this morning is back on the calendar!

Senator Jose Rodriguez had the best point-by-point of how this would just be bad public policy. Read it!

SENATE

NOTICE OF PUBLIC HEARING

COMMITTEE:    Veteran Affairs & Military Installations-S/C Border Security

TIME & DATE:  8:00 AM, Monday, March 16, 2015

PLACE:        2E.20 (Betty King Cmte. Rm.)
CHAIR:        Senator Brian Birdwell

SB 185        Perry

Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.

 

 

Rodriguez: SB185 is a Rehash of Bill Defeated in 2011

senrdzSenator Jose Rodriguez outlined reasons why SB185, the s0-called “sanctuary cities” bill, is bad public policy. While it’s been delayed, chances are it will be brought back up by the committee.

This bill, a rehash of legislation that was defeated in 2011, is simply bad policy and bad business. I’ve summarized six major points that illustrate why it’s such a time-waster for a Legislature that has important business to take care of — budget and taxes, education funding, access to health care and other key governance issues.

1. It seeks to solve a non-existent problem. There is no indication that local law enforcement needs this authority, which is reserved exclusively for the federal government, to keep communities safe. Quite the opposite, as point number two illustrates. I find this particularly ironic given that it’s being put forth by representatives who claim they are for small government.

2. It harms public safety. In 2011, this legislation was overwhelmingly opposed by county sheriffs and police chiefs. El Paso County Sheriff Wiles spoke out against this legislation because as he stated it would undermine his ability to work with immigrant communities and effectively combat cartel activity. Austin Police Chief Art Acevedo and many others made similar comments.

3. It’s bad business for Texas. Similar legislation in Arizona cost $5 million in lost taxes from SB 1070 and $135 million in lost economic output. We can’t afford to lose current business or future investors. It also does not make sense to drive workers away from labor-intensive but critical sectors such as construction and agriculture.

4. It targets children. While SB 185 exempts school officials, it includes school peace officers. I’m not one who thinks it makes sense to punish children who are in our communities, regardless of documentation, by pushing them out of school and into the streets.

5. It has legal implications that don’t appear to have been thought through. It will inevitably lead to racial profiling. It is likely to lead to violations of the Equal Protection Clause, the Supremacy Clause and the Fourth Amendment. In fact, the issue already came up in El Paso County, where the El Paso County Sheriffs Department was sued for pulling passengers off a bus and asking them their immigration status; the lawsuit was settled when the department agreed to establish a written policy and train its officers. Further, it places schools in an untenable position: If their peace officers do not ask immigration questions they could lose state funding, and if they do ask they could be sued in federal court.

6. It hurts families. So called “sanctuary cities” policies have the potential to divide mixed-status families in Texas. Leading faith leaders opposing this legislation in 2011 including the Catholic Conference of Bishops, the Christian Life Commission, Texas Impact, the National Council of Jewish Women, the Anti-Defamation League, Evangelical Pastors, and numerous other religious orders and clergy members.

Only a few days ago, President Obama, in his Selma speech, reminded us of one of our country’s enduring sources of greatness, immigration. The United States of America still is the world’s greatest destination for those yearning to breath free. We need to fix our system to reflect that reality, not punish those who have risked everything to be here.

Did You Sense Sadism in Their Tweets?

So, all of the pro-migrant groups (good and bad) have told me that the right-wing anti-immigrant federal judge’s temporary injunction on President Obama’s immigration executive order will be overturned or overruled or something. We shall see.

abbott-el-diablitoThat all of this money is being wasted by Republicans to stop an executive order that only does so much in regards to reform says a lot about these bigots. What was more disturbing were the celebratory tweets by Greg Abbott, Dan Patrick, and Ted Cruz in which they declare victory against “executive amnesty.” Given their past vitriol, I’d guess they mean Obama AND Latinos (immigrants).

I think I sense a little sadism in their tweets.

I’ve seen some local groups trying to talk right-wing Republicans into “saving” HB1403 (in-state tuition). Pretty soon, some will be begging to stop Greg Abbott’s continued militarization of the border. Perhaps there will be some groveling to right-wingers to stop any “sanctuary city” legislation. Frankly, the Republicans are set in their ways–they’re bigots and are set on putting on an anti-immigrant sideshow.

So, are we done playing that fake game of “bipartisanship”? Because there’s no sense in our side looking like masochists when the other side continues to perfect their ability to inflict pain on the defenseless.