Tuesday, June 28, 2011

CLEAT Opposes HB 41


For immediate release to all Texas news organizations
Contact: Charley Wilkison, Director of Public Affairs
Office: 512-495-9111, Mobile: 512-633-3501

June 27, 2011

AUSTIN-The Combined Law Enforcement Associations of Texas (CLEAT), the State’s largest law enforcement organization is strongly in support of Texas House Speaker Joe Straus’ common sense approach to law enforcement and public safety issues. CLEAT is opposed to HB 41, known as the airport pat-down bill by State Representative David Simpson R-Longview.
Representative Simpson has gone back on his word to accept carefully crafted amendments which would have clarified that the bill does not impact Texas officers and their ability to search suspects under reasonable suspicion. CLEAT believes the result would increase the legal threshold for searches to probable cause.

“International drug cartel leaders have to be laughing this morning,” said Charley Wilkison, Director of Public Affairs for CLEAT. “What they couldn’t get done through the appellate court system with their frivolous legal challenges and highly paid lawyers is being done for them in the hallowed chambers of the Capitol.”

“Whether intentional or inadvertent, the end result will be a chilling effect on Texas police officers’ ability to do their job and protect us from crime and criminals in public building and public places,” he said.

“Drug dealers, gang leaders and criminals of all stripes have longed for this law to be changed for years. If this bill passes in its current form, it will be the green light for criminal defense attorneys to mount a legal challenge to every single search for illegal weapons and drugs in public buildings and public places,” said Wilkison.

“CLEAT is proud of Speaker Joe Straus who showed Texas-sized courage by standing up for the public’s safety and the brave men and women who risk their lives every day to protect the families and communities of this state. Someone needed to bring some common sense to this discussion and slow down this bill with far reaching, and often misunderstood consequences,” he said.

Currently the courts have allowed law enforcement searches under the lower level of reasonable suspicion. Officers have to be able to articulate that they acted reasonably under the circumstances and had a suspicion that the suspect’s behavior or some circumstance gave them reason enough to search the person without consent. Officers are now allowed to follow their training, ask questions and search if they believe they have a reasonable cause to do so.

HB 41 by Rep. Simpson would raise the legal threshold so that officers could no longer question or search a suspicious person and would have to establish the higher legal threshold of probable cause.

“This proposed law would handcuff officers in the field and they would find themselves operating in a legal land of shadows where they would be unable to do their jobs and keep our communities safe,” he said.

“Some of the folks complaining about being searched in the airports were yelling the loudest when the jet flew into the Pentagon in Washington D.C. less than a decade ago,” stated Wilkison.

“I think some of these folks are confusing the inconvenience of fighting international crime and terror with their assumed constitutional rights not to be bothered by the real world,” he said.

In addition, the bill as written, does not just apply to searches at airports. It applies to Texas officers charged with protecting all other public buildings, including courthouses. We have real concerns that the bill will hamper officers’ abilities to respond to security threats, such as bomb threats or other terroristic threats. Unlike the ability of TSA to turn someone away from flying if they do not pass security screening, most people going to a courthouse have a legal obligation to be there. They are either a defendant on trial or they are a subpoenaed witness. On any given day, courts are dealing with murderers, drug dealers, rapists, and thieves. Unfortunately these people and the people they associate with are not your most model citizens.

CLEAT believes that public venues such as large concerts and entertainment events will become places where officers will also be stopped from performing searches. Law enforcement officers, court security personnel and district attorneys are concerned that rival gang members will be allowed to attend court proceedings without a thorough security screening or officers being able to search them properly. We believe this may happen if HB 41 were to become law.

Wednesday, June 22, 2011

State of the County: Escobar blasts state government role in local matters

By Marty Schladen / El Paso Times
Posted: 06/22/2011 02:10:09 PM MDT


El Paso County Judge Veronica Escobar delivers her State of the County address Wednesday at the Greater El Paso Chamber of Commerce.

The Texas Legislature is dumping its responsibilities onto county governments and tying their hands when it comes to financing them, County Judge Veronica Escobar said Wednesday.

Escobar delivered the annual State of the County Address to a luncheon crowd at the headquarters of the Greater El Paso Chamber of Commerce, which sponsored the event.

In a sometimes feisty speech, Escobar listed some of county government's accomplishments during her first year as judge and her six previous as a county commissioner. She also made a little news, telling the audience she didn't anticipate asking for another tax increase for the budget year that starts in 2012.

But Escobar said the state government has made that task exceedingly difficult.

She said the Legislature faces "a $27 billion shortfall created to a large extent by the 2007 Legislature's enactment of tax cuts that they couldn't pay for." That means an anticipated loss of $8.2 million to the county's budget, $46 million to the county Hospital District and $10.4 million to El Paso Mental Health Mental Retardation if the Legislature enacts the budget it's working on now.

"They're basically shifting the burden of financing their constitutional mandates to you all in this room, the local taxpayers," Escobar said.


At the same time, state law constrains county goverments in terms of how much in taxes and fees they can collect. And, because most county departments are headed by elected officials, commissioners courts can have little control over how those departments are operated, Escobar said.

"Even crucial departments like the Purchasing Department don't answer to the Commissioners Court," Escobar said. "By state law, the Purchasing Department is run by a Purchasing Board made up three sitting judges and two commissioners."

Escobar in the past has expressed frustration that the Purchasing Board often is unable to muster a quorum on the rare occasions that it tries to meet.



(Mark Lambie / El Paso Times) Read full text of State of the County address.

County Judge Veronica Escobar:

Good afternoon, and thank you all for being here today to learn more about what's happening in your county. I'd like to thank the Greater El Paso Chamber of Commerce for hosting this event and for their willingness to be such great partners to me and the county.

Introduce family; introduce interns: Nicole Ruiz (Senior at UTEP, Political Science Major) and

Lorena Rodriguez (Masters in Public Administration from UTEP).

Introduce Celeste Varela and Ruben Vogt.

I know that the majority of you are familiar with what the County of El Paso does for you, the taxpayer, but I'd like to offer a quick primer for those who are not as familiar.

COUNTY GOVERNMENT

Counties in Texas are an extension of state government. Our authority is governed and our work is mandated by the constitution and the legislature, and local citizens turn to us for some of the most critical services in their lives. We handle birth, marriage, divorce and death certificates through our County Clerk, Delia Briones and court records through our District Clerk, Norma Favela. We deliver justice through our multiple Courts; we have 30 elected county and district courts, 10 appointed courts, and specialty dockets like the DWI Courts, the Veterans Court, the Mental Competence Court, Family Courts, Juvenile Courts, and for the first time, thanks to Judge Yahara Lisa Gutierrez, El Paso added a Protective Order


Court. We keep our community safe through Sheriff Richard Wiles, his Department and jail; we promote mental health care through our contributions to El Paso MHMR, and through the courts, the jail, the hospital district emergency room and; and finally, we deliver indigent health care through our world class hospital district, University Medical Center.

We fund all of that and still, El Paso County makes up only 13% of your property tax bill; 92% of our budget funds services mandated by the state of Texas and the essential departments that support delivery of those mandates. Our resources are limited: 75% of our budget is funded by local property taxes and sales taxes. We don't have the flexibility municipalities have in creating fees to help fund services, so we have to do a lot with very little. Despite that, we've kept your taxes stable - in fact, reducing them in some years - since I joined the County in 2007.

County government is also a very complicated organization. We have incredible needs - for example, tremendous poverty in unincorporated areas where we are still working to get water and sewer hookups to our colonia residents - and a state government that provides us with few resources, allows us few tools, and that increasingly is shifting to local government the responsibility of paying for its own state responsibilities.

And when you walk into the Courthouse, know that, while the constitution gives Commissioners Court the power of the purse strings, the majority of our 'department heads' are elected officials - you, the voter, are their boss. Even crucial departments like the Purchasing Department don't answer to Commissioners Court; by state law, the Purchasing Department is run by a Purchasing Board made up of three sitting judges and two commissioners. Finally, and perhaps most importantly, we've never had professional management of the County through a County Administrator.

Some would call county government in Texas 'antiquated'; I call it challenging.

Add to that challenge recent events - an historic recession that resulted in a 15% drop in sales tax revenue and a significant drop in fee collections. Just as our revenue shrank, our budget grew because of added courts, the staffing required to support them, and the collective bargaining contract with Sheriff's Department uniformed employees.

That combination created a multi-million dollar problem for the County that we couldn't have navigated without the assistance of our very talented Auditor's Office, headed by Edward Dion and Wallace Hardgrove. The work we did on the budget translates into $15 million worth of cuts over three years. Those cuts came from one major place: Our workforce. We had to take drastic action, and our employees were right there with us during the most challenging times. We didn't just freeze their salaries, our employees dealt with furloughs for three years in a row. We also initiated a hiring freeze, holding vacant over 100 positions, so in addition to furloughs, we asked our employees to do more work with fewer staff. We also, unfortunately, had to initiate a reduction in force to deal with the tight budget. Even with all those cuts, the only thing that prevented us from having to issue tax anticipation notes to pay our bills this year was a modest tax increase of 2 cents/$100 valuation last year. It was unpopular, but it was the right thing to do.

And although the good news this year is that sales tax receipts have been increasing over the last several months, the County is required by the state tax code to put that added revenue toward paying off debt, not towards addressing our general fund needs. That means that while the economy is recovering, we won't enjoy the benefits in this year's budget.

In addition to the challenges I've just discussed, we will have additional challenges going forward. The state legislature, faced with a $27 billion shortfall - created to a large extent by the 2007 legislature's enactment of tax cuts that they couldn't pay for - is further burdening local governments, including County entities. Although we send hundreds of millions of local dollars to the capitol, the current "cuts only" budget the legislature is negotiating will mean cuts over the biennium of $8.2 million to El Paso County, $46 million to the Hospital District, and $10.4 million to El Paso MHMR - all governments or organizations that are historically underfunded to begin with.

To say that your County leadership is faced with tremendous challenges would be an understatement.

NEW LEADERSHIP

I'm very proud to say that your Commissioners Court and other county leaders aren't just dealing with those challenges; we are conquering them with creativity, sacrifice and, when possible, investment.

My colleagues on the court are each working on important areas of county government. Commissioners Anna Perez and Sergio Lewis, among other things, are working on quality of life investments in our two major park assets - the Sportspark and Ascarate Park. Work has already begun on improvements at the Sportspark, and in 18 months, the community will have completely renovated ball fields, batting cages, concessions and restrooms so that we can finally compete with other communities that offer great tournament venues. As we finalize those improvements, Commissioners Court will discuss the option of outsourcing the management of this asset. And at Ascarate, a significant investment in that park that began in 2008 will be complete next spring. What residents will get to enjoy is a completely refreshed quality of life asset - new ball fields, golf course clubhouse, lighting, tennis and handball courts, and a beautiful new entrance. These investments in quality of life make our community more competitive, greener and more attractive.

Commissioner Willie Gandara has taken the lead on the new Tornillo Port of Entry, 17 years in the making, which will be complete in early 2013. This port of entry is more than just a bridge; it's a transportation system that includes adding a major arterial from the border to I-10; it will be an asset that will keep us connected to our economic partners to the south and will create important economic activity and investment in the lower valley.

Commissioner Dan Haggerty has done some great work heading up the hiring freeze committee that has kept 100 positions vacant, saving us $3.7 million, creating important savings for you, the taxpayer. He was a champion of reforming our Border Children's Mental Health Collaborative, turning it from a concept to a full county department, and moving it to a new facility adjacent to our Juvenile Probation Department.

Your Commissioners Court has also demonstrated strong advocacy against ill-conceived and irresponsible legislation and damaging rhetoric. We have, for example, publicly opposed the sanctuary cities bill coming from our state capitol, a bill which threatens to make us less safe and bring significant costs to the local property taxpayer. If the bill passes, El Paso County will seek advice and evaluate all legal options available to us. We've seen bills like this challenged in the courts, and El Paso County may have to join in those challenges. There is simply too much to risk, and one thing that we can't surrender willingly is our consistent ranking as one of America's safest communities.

We've also spoken out against budget cuts at the state and federal level that harm our taxbase; and we even took a certain United States Senator and former presidential candidate from Arizona to task when he attempted to demonize safe and vibrant border communities like ours.

REFORM

Together, your Commissioners Court has also supported important reforms that are changing County government for the better.

One of my first goals, and I began working on it late last year after the general election, was to reconstitute the board of El Paso MHMR. I believed it was critical that we do more as a sponsoring entity to provide strong oversight of and effective leadership to that very important community organization. Thanks to the support of Commissioners Court and the UMC board of directors, especially Dr. Jose Luna, we have a fresh start at MHMR. We have diverse new board members like Commissioner Anna Perez, who, as an assistant county attorney, headed up the mental health unit, and Dr. Michael Escamilla, the new Psychiatric Chair at Texas Tech who brings with him great ideas on how to build a bridge among all the mental health entities in the community. There are a total of seven new board members - all talented and committed El Pasoans who will help us better navigate the challenges we face with growing needs and shrinking funds.

The Ethics Commission, the first of its kind for a county in the state of Texas, created in 2009 through legislation sponsored by Representative Marisa Marquez and Senator Eliot Shapleigh, also saw new leadership earlier this year. The commission will be unveiling a new code of ethics and its plan for training employees, elected officials, lobbyists and vendors on July 18th. This Commission is critical to building community trust and ensuring that there are consequences for both ethics violations and frivolous complaints. It will demonstrate to Texas that El Paso County is leading the way when it comes to bold and significant ethics legislation.

And it is my intention to ensure that we embark on internal reforms that are essential to the success of a modern organization. The Court needs to plan for future capital projects and begin to make meaningful, strategic investment in our aging infrastructure; those at the County in charge of our assets - your assets - need to do a better job of tracking them, and we need to be prepared to provide them with the resources to do so. We also need to be more unified as a Court when it comes to a strategic vision for the County as a whole. These things will take fortitude and commitment to implement, but we will get them done.

INITIATIVES

The Court supported important projects like the ground-breaking we had this spring for our Youth Services Center, which will help us improve the mental health services we provide to young people. We are partnering on a grant for a geothermal project on Fort Bliss that, if awarded by the federal government, will help Ft. Bliss get closer to achieving its goal of being 100% energy sustainable and that could help us with our growing energy needs and costs in the future.

El Paso County, with great support from TxDOT and the Federal Highway Administration, is also leading the way on a project that has the potential to change the way technology is used at our ports of entry to make us safer, more modern, and more efficient. The Secure Border Trade Demonstration Project, headed by Bob Geyer, will help the maquiladora industry use technology to track trucks, personnel and cargo going north across the border, undisturbed and safe, until it reaches its final destination. We anticipate starting the program September 1st.

And, of course, in 2012 we will all be there as the doors open at our community's very first separately licensed, non-profit children's hospital. El Paso Children's Hospital will create jobs and provide world class healthcare for our mamas and babies, and its presence on the UMC Campus makes El Paso County a major tenant of the Medical Center of the Americas. I was fortunate enough to sit in during the inaugural meeting of the original MCA foundation during Mayor Ray Caballero's term at City Hall. The healthcare hub being created in that area is sure to be one of this region's most lasting and significant economic development drivers, and I am proud that El Paso County is a major stakeholder.

SHARED SERVICES

But how will the County deal with financial challenges that will not disappear anytime soon?

We will do so with creativity and leadership.

The County of El Paso, with other great government partners like the City, University Medical Center and other entities, is leading the way in the most common-sense approach to dealing with growing needs in a challenging economic environment: Shared Services.

In 2008, after presenting the idea and garnering support from every elected body within the county (that's nine school districts, five municipalities, the community college and the hospital district), this community had its first Shared Services Summit. The Greater El Paso Chamber of Commerce was right there with me from the beginning, helping host and fundraise for it, as was the Texas Comptroller's Office and the Governor's Office, with planning and facilitation support. As a result of the 2008 and 2009 summits, this community's taxpayers are benefitting from significantly increased collaboration and consolidation for smarter, more efficient governments.

These collaboratives have produced projects like the City-County Data Center (a network redundancy building where the City and County are co-habitating). The Data Center is generating $2.4 million worth of immediate savings, and at a minimum, $252,000 in annual savings to the County alone. The City-County Data Center is just one facet of City-County collaboration on information technology that is meant to pave the way for a potential complete consolidation - so that as taxpayers, instead of having to fund two different IT departments at two organizations, you're funding one. This collaboration has earned the City and County the Texas Municipal League's award for collaboration. This victory couldn't have been possible without the tremendous leadership of Peter Cooper, David Garcia, and Cygne Nemir from County Attorney Joanne Bernal's office. I am also grateful to Commissioners Court for its support, as well as that of the Mayor and City Council, City Manager Joyce Wilson, the late Art Armas, and City Attorney staff. It took a village to make this happen.

The County's work on the Shared Services Summits caught the attention of the Texas Senate's Intergovernmental Relations Committee, which invited me to participate last summer in their workgroup on city-county consolidation. The legislation we crafted in that workgroup passed this session; it still has to go to the voters, but if passed by the voters, will make changes in our constitution that will provide permanence to long-term agreements like ours.

Another win for us is the recently opened health clinic in the basement of the county courthouse - a collaboration with our own University Medical Center. Over the years, we have seen a drain on the County's Risk Pool fund (the county is self-insured). In an effort to avoid burdening the taxpayer to fund any shortfalls, we knew we had to stop the problem before it began.

We looked to create a way to incentivize preventive care for our employees. We had an existing clinic, but it was small, located in a separate facility, and was essentially a conference room turned into an ad-hoc clinic. This new clinic, based on the shared services concept, will be staffed by a Nurse Practitioner, a Clinical Specialist and Medical Assistant who will work as a team to provide county employees and their dependants with a medical home. The clinic will give patients with chronic conditions such as high blood pressure, diabetes and asthma access to diagnosis, treatment and follow-up.

The clinic features three exam rooms and a laboratory draw station. Prescriptions written at the clinic will be filled at UMC's pharmacy and delivered to the County Courthouse.

This is an investment in ourselves that saves taxpayers and employees money. We're working to keep our employees healthy, out of the ER, urgent care clinics and hospitals, keep them at work, and keep everyone's costs down. We built it in-house, thanks to our talented Facilities staff led by Monique Aguilar, Manny Lucero and Jorge Reyes; and we negotiated a great collaborative, thanks to Betsy Keller who heads up our Human Resources Department and Jim Valenti and his team at UMC. The clinic opened two weeks ago. We will be closely monitoring its utilization and the savings to our fund.

There are other collaboratives, such as the Purchasing Alliance led by the City, collaboration between school districts and UMC, and ideas being fleshed out in Human Resources, all intended to save taxpayer money and deal with growing needs and a limited taxbase.

ECONOMIC DEVELOPMENT

In case you haven't noticed, collaboration is a theme for us, and something we weave into everything we do.

There are other collaborations that we've initiated that we believe will help provide positive change to El Paso. The EcoTourism project, which we initiated in 2007 when I was a County Commissioner, brought together stakeholders - nature advocates and activists, business people, preservationists and philanthropists - and our mission is to make El Paso an eco-tourism hub, a place where visitors and natives alike can take advantage of our great outdoor assets. We started with a strategic planning session, developed a gorgeous brochure, and thanks to the Convention and Visitors Bureau and a generous donation from philanthropist Dr. Richard Teschner, we now have a great website: www.outdoorelpaso.com.

The next task I intend to bring to the EcoTourism committee will be how we turn our River into the asset it deserves to be. In other communities, rivers add beauty and value. Sadly, in El Paso, we've become used to seeing our river as simply an irrigation canal, as anything but a source of pride. Some of us don't see the river at all, and that is tragic. I'd like our EcoTouristas to take up the challenge and join me in changing that - in making our river (from the county line east to west) an attractive, useable asset that we can all be proud of. We face many powerful obstacles: Different jurisdictions, international issues, a lack of resources and that awful, unsightly wall. It will be a hugely difficult and lengthy task. But anything worthwhile is, and this needs to be a priority. We will do everything we can and involve as many people as possible to make it happen.

We are also big believers in economic development collaboration to build on what is already good. At our request, and with the assistance of the Rio Grande Council of Governments, municipalities within the County of El Paso sat down with Bob Cook from REDCO to chart a course for their future economic development. That work is ongoing and will help each small community evaluate its assets and challenges so they can each come up with their own strategies to promote economic development, move away from poverty and be successful. When they win, we all win.

Believe me, there are plenty of reasons why collaboratives like this could fail; and there are people lined up to tell us about why they should fail; but there's one reason why we need to ensure they are successful: The people of this community deserve good government.

2012 FORECAST

These great successes are helping us deal with some of those fiscal challenges outlined earlier in my speech.

You should know El Paso County is also looking at ways to capture every dime of non-property-taxpayer revenue, and one of the most successful has been the Scofflaw program, led by our Domestic Relations Office, our Information Technology Department, and great work from Victor Flores' Tax Office. Residents with unpaid child support or outstanding misdemeanor court costs and fines are unable to renew their auto registration at our Tax Office until they pay their fees.

The program has been so successful that by the end of the year, after sending the state its cut, El Paso County will net $1 million. We don't anticipate sustaining this kind of fee recovery forever, but it sure is helpful now, and it is regarded as a model by TxDOT and other communities across the state. Once again, El Paso County is leading the way.

There are far too many other great programs, initiatives and outstanding County leaders and professionals to discuss here today. I'm just sorry there was not enough time to mention them all.

And about our budget, although we're not out of the woods and we still have a summer's worth of budget meetings, a state budget that will shift a greater burden to you, the local property taxpayer, and an economy that is in a fragile recovery, your Commissioners Court is working toward no tax increase this year.

And while the theme today was collaboration, the greatest collaboration your County government could participate in is ambitiously planning for a better future. We have public and private sector leaders who understand that decades of divestment, administrations with "no new taxes" at any cost attitudes, and a lack of ambition for our community have all contributed to the problems we face today: a loss of talent and competitiveness. For too long, we allowed our leadership to take us into a race to the bottom because we believed that was all we deserved or we were fooled into thinking that was good for us. Not this El Pasoan, not any of you, and not your Commissioners Court.

El Paso is an amazing community. We have the most loving families, the most gorgeous geography, and dedication and passion for our community all around us. All we have lacked is the will to invest in ourselves and to demand the best. That has changed - with great leadership at the City from courageous council members and our mayor, as well as great leadership at the County from the elected officials and professionals I've mentioned (and not mentioned), and from the private sector as well that is helping turn our economy around.

Our most significant collaboration will be what we will do together - as partners and as a family.

I hope that you're as proud of our county as I am.

It's my absolute honor to be your county judge, and I look forward to updating you again next year on what your great County is doing to build a better El Paso.

Wednesday, June 1, 2011

The 82nd Texas Regular Session of the Texas Legislature: We don't want a rematch!!


The session has ended. CLEAT has defeated over 40 bad bills. NONE of the bad bills passed. As you all know this was the worst session that anyone has experienced. I am pleased to report that your chubby CLEAT Navy Seals team is reporting no casualties for the home team.



1. Charley’s Legislative BLOG

2. Bad bill graveyard

3. CLEAT bills on their way to the Governor





Texas law enforcement has not seen a legislative session like we’ve just finished, not ever. As I head into my 18th year at CLEAT I believe it’s in order for me to say thank goodness for an organization that has the values and core principles to stand up and fight and avoid being owned by the politicians. Since 1976 CLEAT has avoided becoming conflicted or otherwise entangled with government money and the politicians who dole it out. Being independent allows an organization to fight. And that’s what we had to do every day and every hour since the session began in January.



Every day was a pitched battle. We’ve never seen such vile attacks on working officer’s rights, authority and retirement. The Public Affairs Team spent the majority of our time on defense. The bad bills just kept coming. From new freshman, from experienced legislators and from both political parties. Some legislators had never thought of the unintended consequences to some of their ideas. But the most devastating attacks came from those who knew exactly what the impact would be and were fully intending to pass bad legislation that hurt you and your family.



The good news is that we prevailed. Some bills we were able to kill outright, turn the tide and get our supporters to vote against them. Others we had to develop a strategy of using the ticking clock and working hard to keep bills stuck somewhere. We worked hard and we were prepared and we were fortunate to have well placed relationships that served you well.



A legislator declared that CLEAT had escaped the 82nd Legislative Session “without having a glove laid on you.” He likes the boxing analogies. I explained that just because you leave the ring on your own power doesn’t mean you weren’t hurt. Thank goodness we can report that none of the bad bills passed. (see page 11). But rest assured we’ve been hurt. Wrong ideas have been planted like seeds and they are likely to spring up again. Battles that should have never been fought had to be won on your behalf this session. There is an ugly wind, aimed at the hardworking officer and it is not likely to subside.



For example, CLEAT had to rush to the aide of the Austin Pension System to help pass a local retirement bill that had support from the local mayor, council, chief, and city manager. HB 1285 was dead on so many occasions that I began to refer to it as a Lazarus bill. Even one session ago it would have passed on the local calendar. The bill just placed into statute the retirement agreement the city and the union had reached during negotiations. There was NO good reason to oppose a local bill, but they did.



CLEAT had to work and strategize behind the scenes to help pass SB 1541 that kept funding for the auto theft task forces across the state. The money was already there—it came from the $1 paid by every auto insurance policy holder in the state. It was just incredible as to the number of meetings and strategy sessions we all participated in to do our part to help keep this funding.



Of course we didn’t get to advance our very positive agenda very far. We had to fight everyday to keep the rights and benefits that you already possess. We accomplished that for you and managed to get some good things done as well. As I look back at the five months that have passed I’m very pleased with our progress on worker’s comp as well as other issues.



Knowing the process the way we do it seems semi-miraculous as to some of the problems we were able to fix. I am personally grateful to Chris Jones and Melinda Griffith of our lobby team. Melinda’s mad organizational skills and Chris’ technical expertise always portray professionalism. And thanks to our families for support for absent spouses and missing dad’s for five months.



The CLEAT board of directors and local presidents always responded when we requested backup and we are grateful for all the officers who took a few moments and contacted their legislators. The legislators have had their time and next comes the campaign cycle and it will be our turn to help educate the voters about how the politicians treated their hometown heroes. It should be fun.



Charley Wilkison





CLEAT BAD BILL GRAVEYARD – RIP –





Below are just a few of the bad bills that CLEAT actively opposed and successfully killed. Many bad bills this session attacked retirements, collective bargaining and officers’ ability to participate politically. There were also bills that proposed civilian oversight, restricted use of tasers and even eliminated TCLEOSE as a state agency. The now ‘dead’ bills listed below are just a few examples of how CLEAT is always looking out for your interests and will never stop fighting for your rights. Although these bills are dead it is likely that we will continue to see these kinds of bills filed until legislators understand there are consequences to their actions.



Unfunded mandate bills



There were several of these bills filed in both the House and Senate by Democrats and Republicans. The consequence would have been local city and county bosses claiming that civil service, collective bargaining, changes to state retirements and more would have been illegal since they would have violated the unfunded mandate law. HOUSE JOINT RESOLUTION 56 by Representative Burt Solomons, R-Carrollton would have prevented the legislature from requiring a local government from providing a benefit unless funded by the legislature. This bill would have destroyed rights and benefits for officers and their families.



HOUSE BILL 1974 by Representative Kenneth Sheets, R- Dallas would have destroyed all the retirement plans in the state including TMRS and TCDRS and changed them to a 401k. This bill was a direct insult to every working officer in Texas.



HOUSE BILL 2506 by Representative Chisum, R-Pampa would have transitioned the Employee Retirement System (state troopers, games wardens, TABC agents, AG peace officers) and the Teachers Retirement System (university and school district peace officers) to a defined contribution plan. This bill was aimed only at working folks like cops and teachers.



HOUSE BILL 2731 by Representative Vicki Truitt, R-Arlington

Want Washington D.C. out of your life? This bill would have tied your local retirement funds to a federal index of performance. Until your local retirement fund performed to the standards of the bureaucrats in D.C. you couldn’t be paid the retirement that you’ve paid into your entire career. This bill would have created a rule that you’re retirement compensation amount could not exceed 125 percent of the amount of the your compensation for the same period occurring five years earlier. It also required that a pension be based on a corporate bond that is a higher standard than required now and requires that a pension system be funded at 80 percent or higher. All three of the above anti-retirement bills did not seek to reform legislator’s retirements.



HOUSE BILL 2986 by Representative Tan Parker, R-Flower Mound would have prohibited a law enforcement association from spending dues money on political purposes, including lobbying or campaigns. It also prohibited automatic payroll deduction for political funds. IT DID NOT PROHIBIT CORPORATIONS OR POLITICAL SUBDVISIONS FROM SPENDING FUNDS FOR POLITICAL PURPOSES. It would have effectively silenced the voice of law enforcement if passed.



HOUSE BILL 3617 by Representative Jerry Madden R-Richardson would have abolished TCLEOSE and combined the licensing functions into a new agency that would also license and regulate Jails, and Fire Protection. The new agency would not specialize in any of the three functions and would be hard pressed to fund and provide the services to law enforcement currently provided by TCLEOSE. Professionalism and standards would have suffered.



HOUSE BILL 2451 by Representative Zedler, R-Arlington would have prevented an officer from retiring from one agency and drawing their pension and then going to work for another agency covered by a different pension system or plan.



HOUSE BILL 2158 by Representative Coleman, D-Houston would have prohibited the use of a taser by school district peace officers against public school students. ISD officers would have been greatly hampered in their ability to protect other students and teachers during acts of violence.



HOUSE BILL 1470 by Representative Miles, D-Houston would have created a statewide civilian complaint review board to investigate allegations of peace officer misconduct. There are already a system of checks and balances where all officers ultimately answer to elected officials.



HOUSE BILL 1472 by Representative Miles, D-Houston would have required complaints alleging official oppression against officers to remain on file with employing agency even if unfounded or not sustained. It also would make complaints public information even if they were found to be false.



HOUSE BILL 2348 by Representative Larson, R-San Antonio would have removed prisoners in county jails awaiting transfer to state prison from being regulated by the Commission on Jail Standards. These prisoners wouldn't be counted toward minimum staffing requirements even though they are still in the jail.


Senate Bill 642 by Senator Kel Seliger, R-Amarillo would have allowed a city to adopt or drop a COLA without penalty or catch-up in funds.



To read the list of 40-plus bad bills that CLEAT actively opposed and sought to kill during this session please go to www.cleat.org, go to the drop down menu at PUBLIC AFFAIRS and go to Legislative Agenda. CLEAT members should be proud of our defensive tactics and successful efforts in protecting our members and all law enforcement officers from these bad bills.







CLEAT Bills Head to the Governor



In a session where CLEAT Public Affairs team members spent the majority of time defending the benefits and rights enjoyed by peace officers, CLEAT enjoyed some victories on issues benefiting Texas law enforcement officers and their families.



It should not be forgotten, that pensions and pension benefits and your right to freely participate in a union or be involved in the political process were under a full blown assault this session. Though we beat back these attacks at great expense of time and energy, it should not be forgotten that we were just fortunate that we did not suffer any major defeats. Any of the bad proposals that were filed could have broken through at any time and found their way to the Governor’s desk. With that said, our successes this session are listed below.



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Workers Compensation for First Responders

(HB 2605 by Rep. Larry Taylor, R-Galveston, and Sen. Joan Huffman, R-Houston)



Link to bill: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB02605


HB 2605 was the Texas Workers’ Compensation Sunset Bill. Each year, the legislature is required to review various agencies that are scheduled for “sunset”. If the legislature does not re-enact the enabling legislation for the agency, then the agency would cease to exist. The Worker’s Compensation Division of the Texas Department of Insurance oversees workers compensation in Texas. The Texas Labor Code contains the various statutes that regulate Texas workers compensation. HB 2605 amended many of these provisions in the Labor Code and reauthorized the authority of TDI to oversee workers compensation. CLEAT had legislation filed to address the problems peace officers have encountered when injured in the line of duty. This legislation stalled in the House Committee on State Affairs. The original bill was filed by Rep. Joe Deshotel, D-Beaumont, and Senator Robert Deuell, R-Greenville. However, when the sunset bill moved to the House floor, CLEAT saw an opportunity to try and address this important issue. We prepared a floor amendment and Rep. Deshotel offered it during the debate on the House floor. There were efforts to kill this amendment, which was opposed by the Texas Municipal League and their workers’ compensation insurance risk pool. A motion to table the amendment was defeated by our supporters by a vote of 78-65. The bill then moved to the Senate where Senator Eddie Lucio, D-Brownsville, and Senator Deuell worked to keep the amendment in the bill. CLEAT visited with every member of the Texas Senate and obtained a big victory when Senator Huffman, the Senate sponsor, decided not to oppose the first responder amendment. The bill passed the Senate with changes from the original House bill, so the House had to consider these changes. At first, we were led to believe that the House would concur in the Senate amendments, but without warning they did not and the bill went to a conference committee. CLEAT lobbyists had to scramble over the Memorial Day weekend to ensure that our language remained in the final version of the bill called the conference committee report. We were successful and the Legislature adopted the conference committee report on the last day they were able to do so.



HB 2605 creates Sections 504.054, 504.055, and 504.056 of the Labor Code. These sections provide that first responders, including peace officers, who are seriously injured in the line of duty are entitled to expedited consideration of workers compensation claims. The law will require an employer, the Workers Compensation Division, and workers compensation insurance companies to accelerate and give priority to an injured first responder’s claim for medical benefits, including all health care required to cure or relieve the effects from a compensable injury. The law will also provide that the Workers Compensation Division shall also accelerate contested case hearings or appeals submitted by a first responder regarding a denial of a claim for medical benefits. Because of these new provisions, we believe that much of the red tape associated with these claims will be avoided. It will force the parties to review these cases more closely and make sure officers are getting the care they need, when they need it.



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Officer Involved Traffic Accidents

(HB 343 by Rep. Allen Fletcher, R-Tomball, and Sen. Joan Huffman, R-Houston.)



Link to bill: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB343

Current law provides that the drivers license record of a peace officer may not include a traffic accident involving the officer “during an emergency”. This language was problematic because “emergency” is not defined in the law. Accidents involving minor damage and no injuries are generally not reported. However, many law enforcement agencies require any accident involving an agency be investigated and that a report be filed. These minor accidents were then turning up on officers drivers license records when the same accident for any citizen would not have. This has caused many officers insurance rates to increase when they should not have. CLEAT sought legislation to fix this. Rep. Allen Fletcher, a retired Houston police officer filed HB 343. The bill passed and if signed will provide a new exemption for officers involved in a traffic accident. The law will provide that an on-duty accident may not be included on an officer’s drivers record if the accident resulted in damages to property less than $1,000, even if the officer was at fault. Also, the law would provide that an on-duty accident in which the officer is not at fault may not be included on the officers’ drivers record regardless of injury or damages.



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Austin EMS Civil Service

(HB 554 by Rep. Donna Howard, D-Austin, and Sen. Kirk Watson, D-Austin)



Link to bill: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB554



Unique to Austin and Travis County, emergency medical service personnel are not part of the Austin Fire Department. These first responders are employed by the City of Austin, but provide EMS and ambulance service to a large part of Travis County. Since these employees are not part of the fire department, they are not covered by civil service and they are not members of the fire fighter union. They came to CLEAT and sought representation and were given special permission to join. CLEAT has worked with these employees to provide them with the protections and benefits enjoyed by other Austin civil service employees. CLEAT helped them pass legislation granting them meet and confer and this session a bill was filed to include them under state civil service. HB 554 passed and would allow an election to be held for the purpose of granting these employees the same civil service protection as police officers and fire fighters.



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Probate Fee Exemption for Surivors Killed in the Line of Duty

(SB 543 by Sen. Glenn Hegar, R-Katy, and Rep. Larry Taylor, R-Galveston)



Link to bill: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=SB00543

Last year, CLEAT met with Galveston County Probate Judge Kimberly Sullivan how had a great idea. She suggested that the family of a peace officer killed in the line of duty should not have to pay the probate fees associated with probating the will and estate of the officer. Thus, SB 543 was born. CLEAT worked with Sen. Hegar and Rep. Taylor to see this bill to the Governor’s desk. Though other organizations have claimed this bill as their own, CLEAT was the only law enforcement organization to sign up and testify for SB 543 when it was considered by the Senate Committee on Jurisprudence. CLEAT also met with Judge Sullivan during the legislative session and went with her to various legislative offices to lobby for passage of this bill.



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Escape when Lawfully Detained

(SB 844 by Sen. Dan Patrick, R-, and Rep. Todd Hunter, R-Corpus Christi)



Link to bill: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=SB844

CLEAT discovered appellate court opinion a few years ago that raised the question whether or not a person could be charged with the offense of escape if they escaped when lawfully detained. The court case referred to the “evading arrest or detention” statute and pointed out that the lawfully detained element was not included in the “escape”. For example, if a person is lawfully detained and placed in the back of a police vehicle while the officer conducts an investigation and the officer returns to find that the person has broken out and fled, could the person be charged with escape since the person was not technically “under arrest” for a specific offense at the time. SB 844 addressed this concern by including the “lawfully detained” element into the escape statute. The bill also clarified that a person could be charged with escape if the escape from a “law enforcement facility” that may or may not be a “secure correctional facility” which is currently in the law. This bill ran into numerous road blocks from defense lawyers and civil liberty organizations throughout the session, but we were able to craft a bill that addressed some concerns and this bill passed during the last week of the session.





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Peace Officers Working Extra Jobs for Private Security Companies

(SB 1600 by Sen. John Whitmire, D-Houston, and Rep. Phil King, R-Weatherford)





After the start of the session, CLEAT learned of a problem in Arlington involving officers working extra employment at Dallas Cowboys and Texas Rangers games. These officers were being required to register with the Private Security Board because they were technically employed by a private security company. These employees were being paid by a subsidiary company of the Cowboys or Rangers that employed all of the event staff, including private security officers that work these events. These companies had to be licensed as security companies since they employ security staff. Current law did not include an exemption for officers employed by security companies. This same problem existed in Houston and Senator Whitmire filed SB 1600 to address it. CLEAT worked with Senator Whitmire and testified about the problem in Arlington during the committee hearing. The bill passed, and if signed will make it clear that these officers are exempt from the Private Security Act.



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Pension Information Tracking for School District and University Peace Officers

(SB 1671 by Sen. Robert Duncan, R-Lubbock, and Rep. Vicki Truitt, R-Keller)



Link to bill: http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB1671

CLEAT has worked for the last several session to try improve pension benefits for officers working for universities and school districts who are members of the Teachers Retirement System (TRS). They are not included in the 20-year law enforcement retirement fund currently in the Employee Retirement System of Texas. One of the road blocks associated with trying to seek change was the fact that the TRS does not keep records identifying which members of the system are peace officers. Because of this, TRS is unable to accurately determine the fiscal impact of changing these officers retirement or moving them into the ERS fund. Senator Eddie Lucio, D-Brownsville, filed SB 464 which would have required that TRS track this information. At the request of Senator Lucio, this requirement was added into an omnibus TRS bill, SB 1671. SB 1671 passed and was sent to the Governor.



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Bill Already Signed

Survivor Health Care Clarification and Death Benefit Filings

(SB 423 by Sen. Eddie Lucio, D-Brownsville, and Rep. Jose Menendez, D-San Antonio)



Link to bill: http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB423

Several bills have been passed in the past to provide health insurance for the families of officers killed in the line of duty. SB 872 was passed last session that clarified the families were entitled to insurance at the same premium rate paid by active employees. It provided that families could re-apply for insurance coverage, however some employers refused to allow families to re-apply if they were not on the employer’s insurance plan at the time of death. Some spouses were on their own employer’s insurance instead of the officers. SB 423 was filed to further clarify that the families could apply for coverage if they were eligible for coverage at the time of death, even if they were not on the plan at the time. The bill also provided another opportunity for survivors to re-apply for coverage, until September 1, 2012. As this bill moved the process, we discovered another problems. We were advised of a case out of Harris County where the sheriff’s department failed to file for the state death benefit for the survivors of a deputy killed in the line of duty and that the state was now denying payment. We discovered that the law did not make it clear that the employing agency was responsible for filing the death benefit. Trying to file for death benefits is the last thing a surviving spouse or family has on their mind when these tragedies occur. CLEAT prepared an amendment to SB 423 to make it clear that the department must file the claim. The amendment also allows a survivor who did not receive death benefits because the claim was not timely filed to re-apply for death benefits until September 30, 2011. This bill passed and was signed by the Governor on May 12, 2011. It took effect immediately.



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Charley Wilkison

Director of Public Affairs

CLEAT/POMF