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Viewpoint March 28, 2007
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Capital Highlights
TYC master orders review of inmate sentence extensions
Ed Sterling Texas Press Association

A USTIN - The Texas Youth Commission story continues to

unfold.

It has come to light that the sentences of 93 percent of the agency's 4,700 inmates had been extended at some point, causing questions over the fairness of the process.

Special Master Jay Kimbrough, appointed by Gov. Rick Perry in February to investigate allegations of criminal wrongdoing at the 4,600- employee agency, said the inmates' sentences would be reviewed.

Meanwhile, legislation to address and correct problems at the TYC stalled in the House. One reason for the stall is that an objection was raised over a proposal to appoint a special state prosecutor to assist local district attorneys in their efforts to weed out wrongdoers at TYC units. It was argued that to create an office of special prosecutor for the TYC would take away local control and it would cost too much.

Debate was suspended, but there is a lot of public pressure on the House to act swiftly on TYC legislation. Veto override idea up to voters

Our state constitution gives the governor a 20-day period during which to veto bills, following the final adjournment of the Legislature.

But imagine if senators and representatives could come back to the Capitol after the 20-day period, convene, and take five days to override vetoes.

That's what could happen under a proposed constitutional amendment by Rep. Gary Elkins, RHouston. Elkins' HJR 59 passed March 21 on a vote of 109-29.

The people of Texas, of which only 39 percent voted for Gov. Perry in 2006, will put Elkins' idea to the test next fall when they vote on HJR 59 and other constitutional amendments.

The 29 members who voted "no" on the measure were Republicans Charles "Doc" Anderson of Waco; Jimmie Don Aycock of Killeen; Leo Berman of Tyler; Betty Brown of Athens; Warren Chisum of Pampa; Wayne Christian of Center; Byron Cook of Corsicana; Frank Corte of San Antonio; Joe Crabb of K i n g w o o d ; B r a n d o n Creighton of Conroe; Myra Crownover of Lake Dallas; Dianne White Delisi of Temple; Joe Driver of Garland; Rob Eissler of The Woodlands; and Dan Flynn of Canton.

Also, Republicans Rick Hardcastle of Vernon; Patricia Harless of Spring; Will Hartnett of Dallas; Fred Hill of Richardson; Mike Krusee of Round Rock; Jodie Laubenberg of Rockwall; Sid Miller of Stephenville; Anna Mowery of Fort Worth; Ken Paxton of McKinney; Larry Phillips of Sherman; Debbie Riddle of Houston; John Smithee of Amarillo; David Swinford of Dumas; and Beverly Woolley of Houston. Full House to debate next budget

Legislation approved by the House Appropriations Committee on March 20 tabs the state's 2008- 2009 budget at about $150 billion.

The proposed budget, about 4 percent greater than the current 2006-2007 budget, is scheduled for debate by the full House on March 29.

Plenty of attention will be focused on an estimated $8 billion in funds that could be used or saved as prevailing temperaments see fit.

House votes to repeal phone tax

The House voted on March 20 to do away with something Texans see on their phone bills every month: the Texas Telecommunications Infrastructure Fund tax.

The legislation, House Bill 735 by Joe Straus, R-San Antonio, kills a tax brought into existence in 1995 to help fund computers, networks and training for public schools, universities, hospitals and libraries.

Texans were to pay the tax until the fund reached $1.5 billion. The goal was reached in 2003, but the state went on charging the tax when the state had a budget shortfall. At that point, TIF funds were moved into general revenue. Now, the state has a multi-billion surplus, and the TIF is no longer necessary.

Under HB 735, Texans will go on paying the TIF tax, likely until the end of June.

A Senate version of the bill is being brought by Tommy Williams, R- The Woodlands. Differences between the two bills will have to be worked out by a conference committee.

Ed Sterling is director of member services for the Texas Press Association in Austin.