ACLU of Texas Legislative Blog

Papers please

2009-04-23T10:52:00.003-05:00

An article on WOAI's Web site caught our attention the other day.

The article is about SB 1175 which creates a new crime for not identifying yourself if you are detained by an officer. Currently, refusing to identify yourself is only a crime if you are arrested.

It's interesting that the police are justifying expanding their power to arrest people on the grounds that it will actually decrease arrests. We find that implausible.

What the police are having difficulty saying is that this is a power that they really need because they are so hamstrung under current law.

In fact, they have a great deal of power and discretion right now. We know it's very rare that folks don't give their name and address when asked - and we believe the people of Texas deserve the discretion to make that call. If you force everyone to identify themselves, you will in fact increase the circumstances under which wanted individuals use a false name, increasing identity theft in these police encounters.

If passed, this bill changes the power relationship between the people of Texas and the State of Texas in a negative way. This is a "papers please" bill. Plain and simple.

More hearings

2009-04-15T10:27:00.003-05:00

In case you haven’t noticed, afternoon committee hearings are starting later and lasting longer the closer we get to the end of the session. Committee hearings are set to begin at 1:30 p.m. or “upon adjournment.” These days legislators are staying in session considerably longer so hearings can be delayed for hours. Bring a book and a power cord for your laptop. You’ll definitely need to recharge if you get stuck with 7-hour wait to testify. See you in the cafeteria.

SB 357 by Sen. Dan Patrick of Houston is set for a hearing today in the Transportation and Homeland Security Committee. We also oppose this bill which would impose sanctions on employers, including suspension of professional licenses, for hiring someone who is in the country illegally.

Another anti-immigrant piece of legislation, SB 358, gets a hearing in the same committee on the same day. This the so-called sanctuaries city bill which would deny federal funding to cities that abide by federal law and do not usurp federal authority to enforce federal immigration law. ACLU of Texas also opposes this bill.

On our radar

2009-04-13T14:18:00.007-05:00

The legislative snowball is rolling. Several bills which ACLU of Texas supports are pending or scheduled for committee hearings this week.

We strongly support HB 3653 by Rep. Marissa Marquez of El Paso to prohibit shackling of inmates in labor. Thank you, Rep. Marquez, for writing law that recognizes the virtual impossibility of absconding while in stage 3 labor. Giving birth without risk of complications while shackled is equally unlikely. (Corrections Committee; Thursday, April 16.)
We also strongly support HB 3654 by Rep. Marquez which establishes humane standards of care and treatment of pregnant inmates. (Pending in County Affairs Committee.)
And we are watching Sen. Dan Patrick’s SB 727 which has made it out of committee and is awaiting a vote in the Senate. If passed, SB 727 would require DNA from all Texans convicted of a felony, including those on probation and juveniles.

Collecting DNA from all convicted felons – currently DNA is required only of incarcerated felons and sex offenders – threatens to compromise public safety. You think the wait to get DNA off the shelf and into the crime lab is long now, wait until the DNA database balloons because of this bill. Just to give you an idea of how big is big, there are currently three times the 155,000 of incarcerated individuals on probation.

What can happen when a DNA backlog exists? Click here to download the fact sheet on this bill for an example of what can happen when DNA sits without being analyzed.

And let's not forget the privacy issues involved. Family relationships expose people who are not convicted of crime to having law enforcement have their DNA in the big DNA database too - by proxy if your brother's DNA has been collected a good portion of your's is in the database also.

In the coming week

2009-03-27T16:21:00.004-05:00

The legislative snow ball is rolling. Hearings on bills are coming fast and furious. Here are some of the bills we’ll testify on next week:

HB 3908, outlined in our Bill Book 2009 and sponsored by Rep. Jerry Madden of Plano, gets a hearing Tuesday before the Public Education Committee. This bill is designed to close loopholes in the law that saddle youths with criminal records for minor, nonviolent disciplinary infractions (Class C misdemeanors). Under the current law, a student can receive a Class C misdemeanor ticket simply for being too loud or chewing gum. It’s time to decriminalize school discipline.
On Monday, Executive Director Terri Burke will testify in favor of HB 3025, sponsored by Rep. Garnet Coleman of Houston, which upholds a property owner’s right to display religious symbols on the owner’s residence. Freedom of religious expression is a basic right of all Texans.
The ACLU of Texas will continue to oppose HB 4036 which would, in effect, implement a national ID card. This proposal is an effort to make Texas compliant with the Federal REAL ID Act, an unfunded mandate with a big price-tag and negligible public safety benefits. This bill would make changes to the Texas driver’s license, identification card, and record keeping systems that will incur tremendous costs for taxpayers and make our personal information vulnerable to identity theft. Rather than pass HB 4036, Texas should join the growing number of states that oppose this unfunded federal mandate that does little to make Texans safer.

Why we oppose SB727 and its expansion of the DNA database

2009-03-20T11:51:00.003-05:00

By Debbie Russell
President, Central Texas Chapter of the ACLU of Texas

On Tuesday, March 17, I testified before the Senate Criminal Justice Committee as the sole opponent of Senate Bill 727. This bill expands mandatory collection of DNA samples to include those "sentenced to probation and those on deferred adjudication" for those charged with felonies or misdemeanor sex crimes.

Click here to read the legislation.

Many seemingly compelling stories were offered by proponents, including one that the bill would not address since it was committed by someone who hadn't committed a previous felony. But no speaker addressed why law enforcement didn't seek a court warrant if there was probable cause to collect DNA on an offender. Other stories were offered about having caught rapists because of DNA collection from previous convictions, but these offenders were caught by the tools in place now.

Statements such as "DNA is the 21st century's fingerprint" and "DNA is an effective crime solving tool" were put forth in support of this bill. I opened my testimony with that, "...in fact, DNA is not just a fingerprint...it is much more intrusive in that it reveals a person's most private information including diseases and genetic deficiencies as well as reveals information about the person's relatives who have committed no crimes.” I also offered that "DNA is an effective tool, but not when there's no probable cause." Searching for needles in a haystack is not a good use of public resources nor is it an efficient way of investigating crime.

I said that in this economic climate, we cannot afford to process an additional 60,000 DNA samples taken from those on probation or deferred adjudication, especially when these people have already been deemed not to be a threat to public safety by the judges who sentenced them. We still are not able to process samples on those in jail waiting to be cleared or convicted, whose DNA samples are collected under current law. I offered California as an example, where one man sat seven months accused of the rape of a 4 year old until he was cleared. In another California case, a felon committed two rapes upon release, including one of a child, while his DNA sat waiting to be processed. Human Rights Watch says there are about 400,000 rape kits nationwide going untested each year.

Sen. Ellis asked me if we shouldn't be advocating for funding to process these samples, and I said, "Not necessarily, as there are still inherent problems with the bill." Between due process and privacy, lack of funds to processing what is already on the shelves, racial profiling -- people of color are arrested three to four times more often in this state, so they –- and their family members -- would be disproportionately represented in collections -- and usurping a judge's determination of who is and who doesn't pose probable threat to the public, this is a bad bill all the way around.

Sen. Whitmire asked if I believed some bills are "for the greater good." I simply answered I believed all bills came with good intentions, but we must be mindful of the precedent any piece of legislation sets.

No action was taken, as it was left pending in committee. We'll keep you posted.

What does an American citizen look like?

2009-03-10T10:19:00.008-05:00

Things are really gaining speed at the Legislature. Late Monday, ACLU of Texas Executive Director Terri Burke weighed in on HB 384, a bill that seeks to prevent racial profiling by the Texas Department of Public Safety.

This bill is in response to new driver's license regulations enacted by DPS last October. The new rules require many license holders to provide annual proof of immigration status and perform in-person renewals, putting a strain on DPS resources and negatively affecting some university faculty and students, as well as international businesspeople.

They also require some citizens and legal permanent residents to prove their citizenship or immigration status, even if they have previously held a valid Texas driver’s license.

These rules create a situation in which a DPS employee is asked to decide what a citizen looks like. In other words, opening the door to racial profiling.

Click here to download a PDF of Terri's testimony before the Senate Committee of the Whole.

Letter to DOJ

2009-03-09T15:01:00.004-05:00

It is no secret that the big thing at the Legislature this week will be voter ID. Our executive director, Terri Burke, has sent a letter to the U.S. Department of Justice.

Here's an excerpt:

Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear General Holder,
The ACLU of Texas supports the request by Sen. Rodney Ellis of Houston that the U.S. Justice Department give advice on proposed legislation to require photo identification for Texas voters.

If passed, SB362 will no doubt increase the number of provisional ballots that are cast and also increase the number of votes that are rejected due to new identification requirements. In the last election, more than three-fourths of the provisional ballots cast were thrown out. This may suggest serious errors in our elections procedures. Voter ID will only add to the problem and cost more Texans their right to vote.

Click here to download the entire letter as a PDF.

As you know, things got contentious at the start of the session when the Senate voted to suspend its two-thirds rule for the sake of passing a voter ID bill. Stay tuned as hearings on voter ID, aka SB362, are scheduled for 9 a.m. Tuesday in the Senate chamber.

Take Action

2009-02-19T14:59:00.001-06:00

We have a legislative action alert up on our Web site.

Terri on TSN

2009-02-05T15:26:00.005-06:00

We wrote a while back about our legislative priorities. But here's video of our Executive Director Terri Burke articulating those priorities.

The video was shot during an interview with Texas State Networks' Robert Wood for the radio show "This Week In Austin."

Part 1

Part 2

An Enhancement-Free Legislature?

2009-02-05T13:43:00.004-06:00

Some good news came out of the Senate side of the 81st Texas Legislature. The Austin American-Statesman is reporting that Sen. John Whitmire of Houston, who is the chair of the criminal justice committee, is saying criminal enhancements are a no-no this year.

"It's simple: Enhancements cost money," Whitmire told the Statesman. "No enhancements. We don't have money for them."

So, add enhancements to the list of casualties due to the economy and the budget shortfall the state is facing.

But the ACLU of Texas opposes enhancements for reasons other than cost: Enhancements don't deter crime. Your average copper thief, for example, won't stop stealing copper because he may get an extra six months in jail for lifting pipe from a construction site. In fact, as reported by the Dallas Morning News, metal thefts in the Metroplex have continued to rise after the Legislature enhanced the penalty for stealing copper during the 80th Legislature. (See Scott Henson's adept analysis on this topic at Grits for Breakfast)

Besides, stealing is already a crime.

Although ratcheting up the penalties may seem tough on crime, more consistent enforcement of the existing laws frequently results in a higher public safety payoff.

Senate Committee Assignments

2009-02-02T13:07:00.039-06:00

Senate committee assignments have been finalized for the 81^st Legislature

The ACLU is likely to have regular business before Criminal Justice, Transportation and Homeland Security and State Affairs, so these are committees worth of special attention. Inside information from Policy Director Rebecca Bernhardt: Experienced Capitol observers arrive early at Criminal Justice committee hearings because the chairman of the committe, Sen. John Whitmire, is known for running his meetings with expediency and a droll sense of humor. It's not the subject matter, it's a matter of style.

Here’s the full list of committee assignments, according to the Austin American-Statesman. For comparison, committee assignments for the 80^th Lege are in italics.

Administration

Tommy Williams, R-The Woodlands, chair -- Kenneth "Kim" Brimer, R-Ft. Worth
Carlos Uresti, D-San Antonio, vice chair -- Uresti
Steve Ogden, R-Bryan -- Kel Seliger, R-Amarillo
Florence Shapiro, R-Plano -- Shapiro
Jeff Wentworth, R-San Antonio -- Wentworth
John Whitmire, D-Houston -- Whitmire
Judith Zaffirini, D-Laredo -- Zaffirini

Business and Commerce

Troy Fraser, R-Horseshoe Bay, chair -- Fraser
Chris Harris, R-Arlington, vice chair -- Harris
Kip Averitt, R-Waco -- Averitt
Kevin Eltife, R-Tyler -- Eltife
Mike Jackson, R-La Porte -- Craig Estes, R-Tyler
Eddie Lucio, D-Brownsville -- Lucio
Leticia Van de Putte, D-San Antonio -- Van de Putte
Kirk Watson, D-Austin -- Watson
Kyle Janek, R-Houston

Criminal Justice

Whitmire, D-Houston, chair -- Whitmire
Seliger, R-Amarillo, vice chair -- Seliger
John Carona, R-Dallas -- Carona
Rodney Ellis, D-Houston -- Ellis
Glenn Hegar, R-Katy -- Hegar
Juan Hinojosa, D-McAllen -- Hinojosa
Dan Patrick, R-Houston -- Robert "Bob" Deuell, R-Greenville

Education

Shapiro, R-Plano, chair -- Shapiro
Patrick, R-Houston, vice chair -- Janek
Averitt, R-Waco -- Averitt
Wendy Davis, D-Fort Worth -- Patrick
Mario Gallegos, D-Houston -- Zaffirini
Ogden, R-Bryan -- Ogden
Van de Putte, D-San Antonio -- Van de Putte
Royce West, D-Dallas -- West
Williams, R-The Woodlands -- Williams

Finance

Ogden, R-Bryan, chair -- Ogden
Hinojosa, D-McAllen, vice chair -- Zaffirini
Averitt, R-Waco -- Averitt
Robert Deuell, R-Greenville -- Deuell
Robert Duncan, R-Lubbock -- Duncan
Eltife, R-Tyler -- Eltife
Harris, R-Arlington -- Fraser, R-Marble Falls
Lucio, D-Brownsville -- Lucio
Jane Nelson, R-Lewisville -- Nelson
Seliger, R-Amarillo -- Janek
Shapiro, R-Plano -- Shapiro
West, D-Dallas -- West
Whitmire, D-Houston -- Whitmire
Williams, R-The Woodlands -- Williams
Zaffirini, D-Laredo -- Hinojosa

Government Organization

Ellis, D-Houston, chair -- Ellis
Hegar, R-Katy, vice chair -- Hegar
Joan Huffman, R-Houston -- Brimer
Lucio, D-Brownsville -- Gallegos
Nelson, R-Lewisville -- Jackson
Ogden, R-Bryan -- Nelson
Whitmire, D-Houston -- Whitmire

Health and Human Services

Nelson, R-Lewisville, chair -- Nelson
Robert Deuell, R-Greenville, vice chair -- Deuell
Huffman, R-Houston -- Janek
Robert Nichols, R-Jacksonville -- Nichols
Patrick, R-Houston -- Patrick
Eliot Shapleigh, D-El Paso -- Shapleigh
Uresti, D-San Antonio -- Uresti
West, D-Dallas -- West
Zaffirini, D-Laredo -- Zaffirini

Intergovernmental Relations

West, D-Dallas, chair -- West
Nichols, R-Jacksonville -- Nichols
Gallegos, D-Houston -- Gallegos
Patrick, R-Houston -- Patrick
Wentworth, R-San Antonio -- Wentworth

International Relations and Trade

Lucio, D-Brownsville, chair -- Lucio
Seliger, R-Amarillo, vice chair -- Patrick
Davis, D-Fort Worth -- Seliger
Estes, R-Wichita Falls -- Estes
Fraser, R-Horseshoe Bay -- Fraser
Gallegos, D-Houston -- Gallegos
Williams, R-The Woodlands -- Uresti

Jurisprudence

Wentworth, R-San Antonio, chair -- Wentworth
Gallegos, D-Houston, vice chair -- Hinojosa
Carona, R-Dallas -- Carona
Duncan, R-Lubbock -- Duncan
Harris, R-Arlington -- Harris
Hinojosa, D-McAllen -- Gallegos
Watson, D-Austin -- Watson

Natural Resources

Averitt, R-Waco, chair -- Averitt
Estes, R-Wichita Falls, vice chair -- Estes
Deuell, R-Greenville -- Deuell
Duncan, R-Lubbock -- Duncan
Eltife, R-Tyler -- Eltife
Fraser, R-Horseshoe Bay -- Brimer
Hegar, R-Katy -- Hegar
Hinojosa, D-McAllen -- Hinojosa
Jackson, R-LaPorte -- Jackson
Seliger, R-Amarillo -- Seliger
Uresti, D-San Antonio -- Uresti

Nominations

Jackson, R-La Porte, chair -- Jackson
Eltife, R-Tyler, vice chair -- Eltife
Hegar, R-Katy -- Hegar
Nelson, R-Lewisville -- Nelson
Nichols, R-Jacksonville -- Nichols
Shapleigh, D-El Paso -- Shapleigh
Watson, D-Austin -- Watson

State Affairs

Duncan, R-Lubbock, chair -- Duncan
Deuell, R-Greenville, vice chair -- Williams
Carona, R-Dallas -- Carona
Ellis, D-Houston -- Ellis
Fraser, R-Horseshoe Bay -- Fraser
Harris, R-Arlington -- Harris
Jackson, R-La Porte -- Jackson
Lucio, D-Brownsville -- Lucio
Van de Putte, D-San Antonio -- Van de Putte

Transportation and Homeland Security

Carona, R-Dallas, chair -- Carona
Watson, D-Austin, vice chair -- Watson
Davis, D-Fort Worth -- Brimer
Ellis, D-Houston -- Ellis
Huffman, R-Houston -- Williams
Nichols, R-Jacksonville -- Nichols
Shapiro, R-Plano -- Shapiro
Shapleigh, D-El Paso -- Shapleigh
Wentworth, R-San Antonio -- Wentworth

Veterans Affairs and Military Installations

Van de Putte, D-San Antonio, chair -- Van de Putte
Shapleigh, D-El Paso, vice chair -- Shapleigh
Davis, D-Fort Worth -- Harris
Estes, R-Wichita Falls -- Estes
Huffman, R-Houston -- Ogden

On the Purple Side: HB 533

2009-01-21T14:32:00.004-06:00

With the presidential inauguration going on in D.C., there's been a bit of a lull in the Texas Lege.

So in the mean time, while we wait for things to rev back up again, let's go over one piece of legislation that has been filed and we at the ACLU of Texas hope becomes law.

HB533, filed by Rep. Rafael Anchia of Dallas, calls for a civil penalty for human trafficking and has been coded purple by the ACLU of Texas (we do fact sheets for bills on different color paper: purple for bills we support and yellow for bills we oppose).

The civil penalty is a powerful tool to end human trafficking.

Here are some figures on the $32 billion-a-year human trafficking industry as compiled by the International Labor Organization, Texas Association Against Sexual Assault and Polaris Project:

Between 17,500 and 18,500 people area trafficked into the United States each year
About 80 percent of trafficking victims are women and girls; up to 50 percent are minors
Since 2001, over 20 percent of trafficking victims in the United States have been identified in Texas

Human trafficking is, obviously, already a crime, but this bill would give victims of human trafficking an avenue to collect damages.

There's more.

Civil penalties for human traffickers also helps law enforcement because the assets of traffickers and trafficking organizations can be targeted, detracting the individuals from further crimes. Plus, the chances of convicting a human trafficker improve because the standard of proof is lower in civil court.

We'll keep you posted as this bill works its way through the legislature.

Groups Speak Out on Voter ID Issue

2009-01-16T14:49:00.006-06:00

Several groups, including the ACLU of Texas, held a news conference this afternoon at the state Capitol. Here are some of the statements issued:

From Terri Burke, executive director of the ACLU of Texas

“A new law requiring voter photo identification isn’t necessary because Texas law already requires identification to vote. New requirements for voter identification would put a financial burden on some voters making it more difficult for them to exercise this fundamental right.”

From Advocacy Inc.

"Luckily, there is no reason to believe that there is a need for more onerous identification requirements to ensure election security. Since the passage of the Help America Vote Act (HAVA), states have had great resources at their disposal to create statewide voter registration databases. Texas already checks its registration database against driver’s license records and other lists to ensure that only eligible voters remain registered to vote, and Texas has the power to continue making improvements to these lists. Texas already requires that voters present some form of identification at the polls, and there is no evidence of any problem with people impersonating eligible voters, which would be a crime."

From Common Cause Vice President Tova Wang

"The Texas voter ID bills under consideration, like other voter ID bills around the country and ones that have come up in Texas before, will only serve to disenfranchise voters," Wang said. "Considering Texas' voter turnout rate is among the lowest in the country," said Wang, "the state legislature would better spend its time focusing on that.”

Read more at the ACLU of Texas Web site.

ACLU of TX Executive Director Reacts to Senate Rules Change

2009-01-15T09:37:00.009-06:00

I am deeply saddened the Senate seems to be adopting the behavior of the House from the last few sessions. With the harmonious opening of the House yesterday I, perhaps foolishly, thought our great state was moving on to a more collaborative approach to governance.

That the Senate would suspend the two-thirds rule for an issue that isn’t really, even a problem, genuinely disheartens me. I thought, also, foolishly, that we might not have to worry about this specious bunch of silly legislation. If any of our readers have witnessed ineligible people trying to vote, that is, immigrants here without documentation, please call me immediately. What this bill is about is an attempt to keep people, U.S. citizens who might not vote for politicians who harbor animosities toward immigrants, from voting. It is hard to imagine that people who have immigrated here without appropriate and legal documentation – that is, illegal immigrants – would even try to vote and risk having their status discovered. That’s why this so-called protection is so specious. And why it is so unbelievable that the Senate – the upper chamber, the august body of the legislature – would so devalue its reputation as to change tradition and law for such a silly reason.

As Thomas Wolfe would have said, “Oh lost. Oh lost.” We are bewildered.

-- Terri Burke, ACLU of Texas Executive Director

More about Wednesday's vote from the Austin American-Statesman, the Dallas Morning News and the Houston Chronicle.

Photo Voter ID at Center of Senate Debate

2009-01-14T09:38:00.002-06:00

The potential fight over the two-thirds rule in the Senate could bring focus on the important issue of voter identification front and center much earlier in the session than we thought. Proposed new laws requiring voter identification aren't necessary because Texas law already requires voter identification when voting in person. New requirements for voter identification would put a financial burden on some voters making it more difficult for them to exercise this fundamental right.

What is being called a voter fraud deterrent is really a solution in search of a problem. Since Texas tightened its voter identification requirements in 2003 we have seen no incidents of voter impersonation.

Texas Lege Only Hours Away

2009-01-12T16:39:00.005-06:00

The Texas Legislature Convenes Tuesday.

For the past few days several ACLU of Texas staffers and our Lege Team have been making the rounds at the Capitol with our 2009 Bill Book in hand.

The Bill Book – a.k.a. our “wish list” and which can be downloaded via the links at the bottom of this post – contains the ACLU of Texas’ legislative priorities for the 81st Legislature.

“The Bill Book presents the affirmative legislative ideas of the ACLU of Texas, from the general principles we apply to a particular issue to specific ideas that could be come bills,” Rebecca Bernhardt, director of policy development for the ACLU of Texas, said. “Some sections present a framework for thinking about an issue, like sentencing, others will present specific proposals for addressing issues of concern. It is our wish book, essentially, for the legislative session. Like the Sears catalog for civil libertarians.”

Here are some of the Bill Book’s highlights and the organization’s stance on such issues as:

Privacy – The ACLU of Texas believes the surveillance cameras are a costly and ineffective tools in fighting crime

Democracy – The ACLU of Texas supports paper back-up for electronic voting machines

Youth – The ACLU of Texas believes Class C misdemeanors should be removed from the education code. In other words, childhood mischief should not be criminalized

We have more than a dozen volunteers in the ACLU’s 2009 Lege Team. Team members have been visiting key lawmakers and dropping off copies of our Bill Book. Some from our team will pretty much be living at the Capitol for the next five months.

Several ACLU of Texas staffers and Lege Team members will be at the opening of the Legislature and will have an update following Tuesday’s opening ceremonies.

You can download our Bill Book by topic. The number of pages per file is in parenthesis and all files are in PDF format.

Section 1 Introduction (8)

Section 2 Democracy (6)

Section 3 Immigration (10)

Section 4 Police (6)

Section 5 Youth (8)

Section 6 Free Speech (2)

Section 7 Prisons (8)

Section 8 Health (2)

Section 9 Privacy (14)

Section 10 Sentencing (4)

Welcome

2009-01-09T13:47:00.010-06:00

Freedom lovers and civil liberties devotees, this is your new home. The ACLU of Texas new 81st Texas Legislature blog will keep you posted on legislative matters, especially as developments relate to civil liberties issues, during the 81st Session, which begins Jan. 13 and concludes June 1.

After that, we'll be blogging still more about civil liberties year round. So come here often. Give us your rants, your raves, your insights, your questions, your suggestions. We want a lively conversation.

We will have posts from our Lege Team lead by ACLU staffers Rebecca Bernhardt and Matt Simpson. Executive Director Terri Burke will no doubt weigh in as well as Legal Director Lisa Graybill.

Dotty and Jose will throw in some thoughts as well.

See you at the Lege.

Dotty Griffith, Public Education Director
Jose Medina, Media Coordinator