By KERA News & Wire Services
Austin, TX – The Texas House voted Monday to improve security and oversight of the state's large state institutions for the mentally disabled, which have been hit with allegations of widespread abuse and neglect.
Lawmakers have been looking to improve the facilities known as state schools in the wake of a 2008 federal report that said residents' civil rights were being routinely violated.
Gov. Rick Perry declared the issue a legislative emergency in February and the Senate passed a similar bill in March. Monday's vote in the House comes two weeks before the June 1 end of the session.
"This bill should be the beginning of the state finally meeting its legal, ethical and moral obligation to taking care of ... our state's most vulnerable population," said Rep. Abel Herrero, D-Robstown, whose district includes the Corpus Christi State Schools where several former employees have been charged with staging "fight club"-style bouts between residents.
Texas has 13 state schools that house nearly 5,000 residents. The House bill renames them as "state supported living centers" and each would be assigned an ombudsmen to work directly with residents' families to address problems.
It also requires video surveillance in common areas, and allows the state Office of Inspector General to help local prosecutors pursue cases of abuse, neglect or exploitation. Staff would be subject to drug tests and criminal background checks.
Major differences between the House and Senate versions include the House's plan to extend some new protections to state-licensed community care homes.
BIRTH DATES BILL
A proposal to exempt government employees' birth dates from public records was gutted in the Senate on Monday after running into heavy opposition from news industry and open government advocates.
Republican Sen. Robert Duncan of Lubbock removed the controversial parts of his bill. Then the Senate passed a watered down version of the proposal in a 26-5 vote. The bill now calls only for a study on the disclosure of employee information and doesn't ban the release of birth dates. Duncan's bill next goes to the House, where it could change again.
Government employee birth dates currently are available to the public. Lawmakers who wanted to exempt employee birth dates from public records said releasing them under the Texas Public Information Act could put the employees at risk for identity theft.
Journalists and other open records advocates claim withholding the birth dates from the public is unnecessary and would hamper oversight of the government. Open government advocates also say that the birth date information is not a significant risk for identity theft, particularly financial fraud, which relies on Social Security numbers and financial data.
STATES' RIGHTS
Gov. Rick Perry declared over the weekend that he never advocated for Texas' secession from the United States. He said in an opinion piece published in the Austin American-Statesman that he stood with a group of bipartisan legislators last month to speak against a big federal government and in defense of states' rights, guaranteed in the 10th Amendment of the Constitution.
"I can't say I was surprised that critics recast my defense of federalism and fiscal discipline into advocacy for secession from the Union. I have never advocated for secession and never will," Perry wrote in the editorial.
It was published just before the House planned this week to take up the states' rights resolution Perry supports.
COASTAL EROSION
Texas Land Commissioner Jerry Patterson is pressing this week for dedicated funding to address coastal erosion. He says Texas has one of the highest rates of coastal erosion in the nation.
Patterson said he wants to restore a 2-cent per barrel fee on imported oil, with the money dedicated to funding coastal protection projects. The import fee was dropped in 2005. He said other states such as Louisiana and Florida already assess a 2-cent fee on imported oil, and California charges 5 cents.
LEGISLATOR RECOVERING
Rep. Edmund Kuempel, the Seguin Republican who was found collapsed in an elevator last week, is doing remarkably better, according to his House crony Rep. Charlie Geren, R-Fort Worth.
"Edmund is not comfortable because he's got all those tubes in him still ... he is remarkably better since Friday. Thank you for your prayers," Geren said.
House members broke into loud applause at the report.
Geren said Kuempel is alert and able to move, but he has developed pneumonia that will be treated immediately.
TESTING BABIES
The House gave final approval to allowing state health authorities to keep genetic material gathered when newborns are screened for diseases. The bill allows parents to opt out of the retention, in which case the state would have to destroy the samples within 60 days.
Proponents said retaining the genetic material will help researchers come up with cures and treatments for diseases. Information from the samples that does not identify the child could be used for statistical reports or research.
Samples that identify the child would be heavily restricted and treated like confidential medical records. The bill now goes to Gov. Rick Perry for his consideration.
ZOMBIES, BOTNETS AND CRIME, OH MY!
The House on Monday tentatively approved a bill that targets cyber crime by making it illegal to create zombies and botnets.
Zombies are computers that are unknowingly controlled by a third party, and botnets are groups of zombies. The bill makes it a crime to create, buy or use zombies in order to use someone else's computer for tasks such as sending viruses and solicitations or collect information.
An offender could be ordered to pay $100,000 per zombie in a violation or damages, whichever is greater. The measure must be voted on again in the House.
DISASTER CRIMES
The House gave initial approval Monday to increase penalties for most crimes committed in a declared disaster area. The punshiment in most cases would increase to the next highest level of offense. For instance a third-degree felony punishable by up to 10 years in prison would become a second-degree felony, punishable by up to 20 years in prison.
The punishment for a first-degree felony would not increase, and only the minimum jail time - not the fine - would increase for a Class A misdemeanor.
The measure has passed the Senate and faces a final vote in the House.