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May 2002

Texas Eagle Forum News & Notes


TEXAS RUNOFF
Former Dallas Mayor Ron Kirk became the first black nominee for statewide office in Texas, winning the Democratic Senate nod with 58% of the vote over schoolteacher Victor Morales. He now faces an uphill battle against GOP nominee John Cornyn to fill the seat of the outgoing Republican Phil Gramm.

The most surprising runoff came in the 26th District where Republican voters turned thumbs down on Scott Armey's attempt to succeed his retiring father, House Majority Leader Dick Armey. Despite being outspent 8 to 1, gynecologist Michael Burgess rolled up 55% of the vote over Armey. In large part, young Armey was downed by a string of attacks in the Dallas Morning News suggesting he used his position as Denton County Judge to provide jobs, funding and other favors for friends.

As he did in a losing effort in the neighboring 7th District two years ago, Houston banker Peter Wareing spent more than $1 million but failed to win the Republican run-off in the newly carved 31st District. Wareing was beaten by retired District Judge John Carter of Williamson County, who rolled up 57% of the vote. Wareing was damaged by his move into the new district, and GOP voters' dislike of his long string of donations to liberal Democratic candidates.

Burgess and Carter are considered shoo-ins in their respective districts this fall.
Source: Human Events, 4/15/02

RATLIFF PROPOSES STATEWIDE PROPERTY TAX
Lieutenant Governor Bill Ratliff wants to replace the existing school finance system with a statewide property tax. According to Harvey Kronberg of the Quorum Report (4/3/02), Ratliff's plan includes:

  1. Legislature will levy a dedicated statewide property tax of $1.40 per $100 of valuation on all property statewide exclusively for the operation of the schools. The state would also use general revenue funds.
  2. All money goes to the state, which then redistributes the dollars.
  3. Abolish local school board authority to levy property taxes for maintenance and operations. Local school boards can do up to 10 cents per $100 of taxing for local enrichment.
  4. Limited state funded support for debt service on school facilities.
  5. Supplemental statewide property tax to fully fund the teacher's health insurance plan at a level comparable to state employees.
  6. The plan would require a constitutional amendment (2/3 vote by the Senate and House) and then put on ballot.

TEXAS COURT REFUSES TO REVIEW SODOMY LAW CASE
The state's highest criminal appeals court has refused to hear a challenge of the state's sodomy law. The Lambda Legal Defense Fund, who had formally asked the Texas Court of Criminal Appeals to review the constitutionality of the Texas ban on homosexual conduct, said the decision is likely to be appealed to the U.S. Supreme Court. The case revolved around two Houston homosexuals who were arrested and charged with deviant homosexual conduct when found having consensual sex. Bill Delmore, the assistant prosecutor in the Harris County District Attorney's office, said he expected the court to refuse to hear the case because most of the legal issues were resolved by the 14th Court of Appeals, which upheld the law.
Source: The Dallas Morning News, 4/19/02

COURT REVIVES PRAYER LAWSUIT
The 5th Circuit Court of Appeals in New Orleans sent the 1999 lawsuit filed by Santa Fe senior Marian Ward back to the Houston court of U.S. District Judge Sim Lake, who dismissed the case in August 2000. Ward said the school district had no right to prevent her from leading a prayer before Santa Fe High School football games. The appeals court originally agreed with Judge Lake's ruling, but reversed itself, saying that case law indicates such suits shouldn't be entirely dismissed if a person is making a claim for "nominal damages" for the constitutional violation allegedly suffered. Ward, now a college sophomore, was pleased with the ruling and said, "I am glad that I will finally get a decision on the merits of my case, which will hopefully help schools understand that it is just as unconstitutional to prohibit student faith-based speech as it is to require it."
Source: The Dallas Morning News, 4/13/02

REVISED EDUCATIONAL ETHICS CODE ELIMINATES PARENTS!
On Friday, May 3, the State Board of Education (SBOE) will be asked to accept or veto the revised Ethics Code proposed by the State Board for Educator Certification (SBEC). While the number one stated objective of pubic education in Texas law is "Parents will be full partners with educators in the education of their children," the SBEC eliminated the entire section on "Ethical Conduct toward Parents." When an SBOE member asked if the mission was an oversight, SBEC director William Franz admitted it was deliberate. Although the SBEC and teacher groups say the Ethics Code has been strengthened, many parents are concerned. For example, one proposed statement says, "The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law." Does this mean that educators will withhold student confidences from parents unless required by law? The ambiguity, many parents fear, could lead to abuse.
Source: Free Market Foundation's Weekly Issues Alert, 4/25/02

SIBLEY AND KRESS HIRED BY UT REGENTS TO IMPROVE IMAGE
The University of Texas System is crafting a public relations campaign to smooth out the wrinkles in its legislative relationships and raise its national stature. To further that plan, the system has hired two high-powered legal consultants-former state senator David Sibley and Sandy Kress, an education advisor to President Bush. Sibley, a Waco Republican, who was considered among the Legislature's more influential members, resigned from his seat in January and began working as a consultant for the UT system on Feb. 1. His six-month contract to advise the system on how to deal with lawmakers will pay $8,000 per month, plus expenses. Kress has a five-month contract to help design a system approach to improve public education. His salary is for $15,000 a month, plus expenses. Kress, former Dallas school board president and a lifelong Democrat, was appointed by President George W. Bush to serve as his administration's senior education advisor.
Source: Austin American-Statesman, 4/18/02

DELAY TAKES HEAT FOR REMARKS ABOUT BAYLOR AND A&M
U.S. Rep. Tom Delay (R-TX), speaking recently at a church conference in Pearland, TX church, was asked where Christians who believe in creationism should send their children to college. Not realizing he was being taped by the Americans United for the Separation of Church and State, DeLay replied, "Don't send your kids to Baylor and don't send your kids to A&M. There are still some good Christian schools out there-good, solid schools. Now, they may be little, they may not be as prestigious as Stanford, but your kids will get a good, solid, godly education." Mr. DeLay, who also suggested that parents should pressure universities to "throw the PC out and bring God in," later apologized and said his comments were taken out of context.
Source: The Dallas Morning News, 4/19/02

THE "IRON" GATEKEEPER
White House counselor Karen Hughes announced April 23 that she was resigning this summer and returning to Austin. She said she wanted to spend more time with her high school-aged son and granddaughter. She will continue to advise President Bush but will not be on the payroll. Hughes, Karl Rove and Joe Allbaugh were known collectively as the "Iron Triangle" because of their dominant influence over Bush's policy and political operations. With Hughes leaving and Allbaugh heading up the Federal Emergency Management Administration, Rove will be the only one left in the West Wing.
Source: The Lone Star Report, 4/26/02

A&M NARROWS SEARCH FOR PRESIDENT
Several newspapers reported that the Texas A&M System Board of Regents has narrowed the search for a new president down to two people: U.S. Senator Phil Gramm and former CIA Director Robert Gates. It is widely believed that Gov. Rick Perry supports Gramm and both Presidents Bush support Gates. The Houston Chronicle's Ron Nissimov reported the regents were aligned five for Gates and three for Gramm, with Gramm's wife Wendy abstaining.
Source: The Lone Star Report, 4/26/02

KOMEN FOUNDATION GIVES MONEY TO PLANNED PARENTHOOD
The Susan B. Komen "Race for the Cure" takes place throughout the year across the nation to raise funds for breast cancer research. With several medical reports indicating a link between abortion and breast cancer, some groups are alarmed that many Komen Foundation affiliates have given thousands of dollars to Planned Parenthood, the largest abortion provider in the U.S. According to the Coalition on Abortion/Breast Cancer (www.abortionbreastcancer.com), 27 out of 33 worldwide studies done over the last 43 years have implicated abortion as a risk for breast cancer, as well as, 13 out of 14 studies on American women have also shown abortion as a risk factor. Planned Parenthood's website: (www.ppfa.org) advises women considering terminating a pregnancy that there is "no currently demonstrated health risk from abortion that would warrant basing a decision on that factor alone."
Source: Free Market Weekly Issues Alert, 4/8/02

TRUANCY COURTS CONSIDERED
A plan to go before the Dallas City Council would establish truancy courts to help deal with increasing absenteeism in the school system. County Commissioner Mike Cantrell said, "We hope the school district and county can prevail upon the city to…give us the ability to handle these cases in a timely and consistent manner." With few exceptions, Texas students must attend school until they are 18. They are supposed to have no more than three unexcused absences in a four-week period, or 10 in six months to receive credit and comply with state law. After sending a warning letter, a school district can file charges against the student and parent with punishments including fines of up to $500 for each full or partial day missed. Dallas County Justice of the Peace Thomas Jones, who handles all of Dallas ISD truancy cases, says he has a backlog of 30,000 cases and hears 800 cases a week.
Source: Houston Chronicle, 4/26/02


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