But as we entered the 21st Century, El Paso was not keeping up with its Southwestern peers.

Political, civic and business leaders began a discussion about how to reverse the decline. One of the outcomes was the concept of building a medical center that would serve the border’s unique population, improving access to health care while generating economic activity.

Central to the idea was a full medical school.

With Texas Tech as partners, and with a massive community effort and years of working through the Legislature, that came to fruition in July, 2009, when 40 students chosen from more than 2,500 applications from top schools in Texas and the nation formed the charter class of the Paul L. Foster School of Medicine.

The next step was the transformation to a standalone university.

That finally happened last week, when the Texas House passed S.B. 120. The bill, which establishes the Texas Tech University Health Sciences Center at El Paso as a standalone university within the Texas Tech University System, was the top legislative priority for the El Paso delegation this legislative session.

It represented the culmination of two decades of hard work and close collaboration by our community and the Texas Tech University System. Establishing an independent health sciences university is a key element of the El Paso region’s educational, health care, and economic development strategies.

In plain language, the bill establishes TTUHSC at El Paso as an independent health sciences university with its own president and administration, schools with degree-granting authority, and greater local engagement in key hiring and funding decisions.

The move takes on greater significance given its role in regional priorities. It will continue to promote access to health care, attract more doctors and other health care professionals, and spur economic development through its key role in the Medical Center of the Americas.

As an independent health sciences university, TTUHSC at El Paso will be able to focus on research priorities such as diseases that affect Latinos and border populations. In addition, the Paul L. Foster School of Medicine, which will graduate its first class of doctors in May, and its companion, the Gayle Greve Hunt School of Nursing, will reduce the regional shortage of health care professionals and provide quality health care in a medically underserved area.

This drew support from Lubbock — in March 2012, the Texas Tech University System Board of Regents voted to initiate the process of establishing a freestanding health sciences university with degree granting authority in El Paso. The new university will join Texas Tech University, Texas Tech University Health Sciences Center, and Angelo State University as the fourth component of the Texas Tech University System.

It also drew support from others in the state. It passed the Senate 30-1 and the House 141-3.

This support came in part because this investment doesn’t only build El Paso — it adds value to the region and to the state — and in part because El Paso stepped up, from significant private donations to the community itself voting to build a Children’s Hospital that will complement the medical school and the Medical Center of the Americas.

We don’t often get to celebrate clear, huge victories in the Texas Legislature. This week, unambiguously, the Legislature stepped up and did the right thing, and delivered a win to El Paso and to the state.

With enormous state Legislature support, Texas Tech University Health Sciences Center here is about to become autonomous — be a stand-alone operation as is the University of Texas at El Paso.

It now needs the expected signature of Gov. Rick Perry.

Texas Tech here is about to have its own president and administration, and state Sen. José Rodríguez, D-El Paso, was already pointing out that can mean much more growth.

What’s now a full-fledged, four-year medical school and a fledgling nursing school could see a dental school, a pharmacy school and research companies that specialize in border-related health needs.

That is the vision of the MCA — be world class in border-related heath-care and health research.

“We are going to attract lots of companies that are going to do research on border-health issues,” Rodríguez said. He put this coup in the same light as the expansion of Fort Bliss, which infuses billions of dollars into the El Paso economy annually.

Rodríguez’ bill met with little to no opposition in the Senate. On Tuesday, the House voted in favor 141-3 of SB 120, sponsored by state Rep. Naomi Gonzalez’ similarly. The rest of the El Paso House delegation had signed on as co-sponsors.

Since the MCA was first conceived in 1998, there have been several achievements, mainly the partnership between Texas Tech’s teaching campus, the renovated University Medical Center and, most recently, the completion of the El Paso Children’s Hospital. All three sit on abutting plats of land in Central.

The plan now is to build up that area with research companies.

Having Texas Tech here as a free-standing university was the No. 1 goal set by the El Paso delegation this legislative session. There’s a second goal for Texas Tech that takes on similar importance — approval for a Medical Science Building II.

The Tech campus here has been built in stages, and that third major building is important to its growth. The Legislature is being asked to appropriate $75 million for a 227,000-square-foot building to house research laboratories, clinical and patient care areas, lecture halls, classrooms and offices. It will be of great benefit to the nursing school.

The building has already been approved by the Senate Finance Committee, but still needs House approval.

The bill passed in a 27-4 bipartisan vote, with 19 republicans and 8 democrats voting in favor, according to The Dallas Morning News. It trumps rules by several state colleges and universities that prohibit guns on campus, notes Fox News.

Bill author Senator Glenn Hegar (R-Katy) presented the bill as a matter of fairness for college students. He pointed out that many Texans legally leave their guns in cars before entering a place that bans weapons, like churches and bars. He said thatcollege students should be able to do the same on campus, according to the Houston Chronicle.

The bill stipulates that cars on campus must be locked if they contain a weapon. However, Democratic Senator Jose Rodriguez, of El Paso, pointed out that a locked vehicle would do little prevent a potential shooter.

“We have an issue in this country right now with violence on campus,” he said, per the Chronicle. “If they have ill will toward someone, all they’re going to have to do is walk over to their car and get the gun.”

This bill comes two years after lawmakers failed to pass a measure that would have allowed college students and professors to carry guns on campus, given they had concealed handgun licenses. It appears that Texas students would not have wanted such a measure to pass: The Huffington Post previously reported that recent opinion polls from the University of Texas at San Anthonio and Sam Houston State University, as well as a referendum vote at Texas A&M University, show a majority of students are opposed to allowing weapons on campus.

The Texas Tech Health Sciences Center campus in El Paso is one step away from officially becoming a stand-alone university.

The bill was passed by the Texas House of Representatives Tuesday and just needs to be signed into law by Gov. Rick Perry.

“When the governor signs the bill we will have the ability to pick our own president and really sit at the table with the other universities,” said Health Sciences Center dean, Dr. Jose Manuel de la Rosa. “(The bill’s passage) is just a real vote of confidence… team El Paso really got this done.”

S.B. 120 was authored by State Sen. José Rodríguez and sponsored by State Rep. Naomi Gonzalez. The bill was the top legislative priority for the El Paso delegation this legislative session.

“Today represents the culmination of two decades of hard work and close collaboration by our community and the Texas Tech University System,” said Rodríguez. “Establishing an independent health sciences university is a key element of our community’s educational, health care, and economic development strategies.”

“This is a great victory for District 76 and the El Paso region. Texas Tech University Health Sciences Center at El Paso as a stand-alone university will help address the specific needs of the population along the El Paso border,” said Gonzalez. “The stand-alone will improve access and quality of health care for the El Paso community and region.”

the bill establishes TTUHSC at El Paso as an independent health sciences university with its own president and administration, schools with degree-granting authority, and greater local engagement in key hiring and funding decisions.

The move takes on greater significance given its role in regional priorities. It will continue to promote access to health care, attract more doctors and other health care professionals, research diseases that affect Latino and border populations, and spur economic development through its key role in the Medical Center of the Americas.

With well over 3/4 of the Texas State House voting in favor of the bill, Dr. de la Rosa the El Paso campus is now eligible for Health Education Assistance Funds, which are legislatively appropriated moneys meant for health education institutions.

According to Dr. de la Rosa, the El Paso campus is  one of 9 centers that have access to those funds, “If it hadn’t been for the Margin passage that we had today we would have had to operate without those funds.  That is what gives us a seat at the table; more resources, more ability to set our own destiny.”

http://www.elpasotimes.com/ci_23138828/texas-tech-health-sciences-center-at-el-paso

Texas Tech Health Sciences Center at El Paso closer to stand-alone status

Posted:   05/01/2013 12:09:24 AM MDT

AUSTIN — A bill to make the Texas Tech University Health Sciences Center in El Paso autonomous from the Lubbock campus seems certain to become law after sailing through the state House on Tuesday with almost no opposition.

Supporters said the bill, which would give the El Paso campus its own administration, has the power to transform the El Paso economy.

“This will transform El Paso even more than the expansion of Fort Bliss,” state Sen. José Rodríguez, D-El Paso, said, referring to a 2005 base realignment process that brought more than 23,000 new soldiers to the post.

State Rep. Naomi Gonzalez, D-El Paso, was the primary sponsor of the bill in the House, where it passed 241-3. Rodríguez was primary sponsor in the Senate, and the rest of the local House delegation, Democrats Joe Pickett, Marisa Márquez, Joe Moody and Mary Gonzalez, all signed on as co-sponsors.

Making the health sciences center in El Paso a medical and nursing school with its own administration is part of a broader economic strategy for the city.

“It will improve access to health care and be a big economic driver,” Naomi Gonzalez said.

In a 1998 economic-development summit, a panel of about 30 community leaders decided that developing a border-health institute and four-year medical school would be central to El Paso’s long-term economic-development plan, Rodríguez said. He was on the panel.

In 1999, the Legislature passed a bill that allowed the creation

of the institute, and it used $50 million from a legal settlement from tobacco companies to endow it.

In 2005, the institute was incorporated under the name Medical Center of the Americas, and El Paso voters passed a $120 million bond to expand what was then Thomason Hospital and is now University Medical Center.

In the following years, the medical school was accredited, and a children’s hospital was built. Then in 2011, the El Paso City Council earmarked $3.3 million a year in franchise fees from El Paso Electric customers to continue developing the medical center.

Still pending before the Legislature this session is $75 million in state money for Texas Tech’s El Paso Medical Science Building II, a 227,000-square-foot structure that would house research laboratories, clinical and patient care areas, lecture halls, classrooms and offices. The money has been approved by the Senate Finance Committee and still must be approved by the House.

If it’s signed by the governor, the law making the Texas Tech Health Sciences Center a stand-alone university won’t take effect until 2015.

Texas Tech officials at the main campus in Lubbock didn’t oppose the bill. A spokes man for university Chancellor Kent

Hance couldn’t be reached Tuesday with questions about what happens next.

Rodríguez said that with a medical-school administration focused on the border, he expects a dental school, pharmacy school and research companies to follow and to specialize in the unique needs of the region.

“We are going to attract lots of companies that are going to do research on border-health issues,” Rodríguez said.

If the bill becomes law, the relationship between the health sciences center in El Paso and the Lubbock campus would be similar to the current relationship between the University of Texas at El Paso and the University of Texas System. UTEP is a part of the system but has its own president.

Marty Schladen may be reached at mschladen@elpasotimes.com; 512-479-6606.


http://www.kdbc.com/news/rodr%C3%ADguez-and-gonzalez-pass-standalone-texas-tech-university-health-sciences-center-el-paso-bil

Rodríguez and Gonzalez pass standalone Texas Tech University Health Sciences Center at El Paso bill | KDBC | Local 4 News

Tuesday, April 30, 2013 – 14:22

Austin, TX (KDBC) — Tuesday, the Texas House passed S.B. 120, authored by state Sen. José Rodríguez and sponsored by state Rep. Naomi Gonzalez. The bill, which establishes the Texas Tech University Health Sciences Center at El Paso as a standalone university within the Texas Tech University System, was the top legislative priority for the El Paso delegation this legislative session.

“Today represents the culmination of two decades of hard work and close collaboration by our community and the Texas Tech University System,” said Rodríguez. “Establishing an independent health sciences university is a key element of our community’s educational, health care, and economic development strategies.”

“This is a great victory for District 76 and the El Paso region. Texas Tech University Health Sciences Center at El Paso as a stand-alone university will help address the specific needs of the population along the El Paso border,” said Gonzalez. “The stand-alone will improve access and quality of health care for the El Paso community and region.”

In plain language, the bill establishes TTUHSC at El Paso as an independent health sciences university with its own president and administration, schools with degree-granting authority, and greater local engagement in key hiring and funding decisions.

According to Rodríguez, the move takes on greater significance given its role in regional priorities. It will continue to promote access to health care, attract more doctors and other health care professionals, research diseases that affect Latino and border populations, and spur economic development through its key role in the Medical Center of the Americas.

As an independent health sciences university, TTUHSC at El Paso will be able to focus on research priorities such as diseases that affect Latinos and border populations. In addition, the Paul L. Foster School of Medicine, which will graduate its first class of doctors in May, and its companion, the Gayle Greve Hunt School of Nursing, will reduce the regional shortage of health care professionals and provide quality health care in a medically underserved area.

“We’re excited to be this close to the finish line,” said Texas Tech Chancellor Kent Hance. “First and foremost, I would like to recognize the hard work and dedication of the bill’s primary authors, Senator José Rodríguez and Representative Naomi Gonzalez. Without them, this bill would not be a reality.

“Senator Rodríguez got the bill to the House very quickly, and Representative Gonzalez secured over 100 co-authors in the House — a formidable challenge for any member.

“I also want to compliment the rest of the El Paso delegation. They supported the authors and worked the floor in support of the bill. Representatives Marisa Márquez, Joe Moody, Joe Pickett, and Mary Gonzalez all played valuable roles. A sincere thanks goes out to all of them.

“This bill represents the progression of our efforts in El Paso, which began in the legislature in 1969, and signifies our commitment to the region. We’re looking forward to a bright future in El Paso.”

S.B. 120 passed the Senate 30-1 and the House 141-3.

In March of 2012, the Texas Tech University System Board of Regents voted to initiate the process of establishing a freestanding health sciences university with degree granting authority in El Paso. The new university will join Texas Tech University, Texas Tech University Health Sciences Center, and Angelo State University as the fourth component of the Texas Tech University System.

http://www.dailytoreador.com/news/article_1a78e3fe-b212-11e2-9e56-001a4bcf6878.html

Texas House approves 4th Tech institution

Posted: Tuesday, April 30, 2013 11:03 pm

Senate Bill 120, which establishes Texas Tech Health Sciences Center at El Paso as an independent university, was passed by the Texas House on Tuesday.

HSC at El Paso will function on its own with the passage of the bill, and will have its own president, administration and can give degrees, according to a news release.

With the passage of Senate Bill 120, HSC at El Paso became the fourth component of the Tech System, which now comprises HSC, Angelo State, Tech and HSC at El Paso, according to the release.

The bill was authored by Sen. Jose Rodriguez and was sponsored by state Rep. Naomi Gonzalez, according to the release.

The free-standing university, Gonzalez said in the release, will benefit students as well as the El Paso area.

“This is a great victory for District 76 and the El Paso region,” she said in the release. “Texas Tech University Health Sciences Center at El Paso as a stand-alone university will help address the specific needs of the population along the El Paso border. The stand-alone will improve access and quality of health care for the El Paso community and region.”

According to the release, faculty at HSC at El Paso will research diseases that affect Latinos as well as attract more health care professionals to the area.

Although a regional shortage of health care professionals and doctors has affected the El Paso region, Rodriguez said in the release the new university will help combat that issue.

“Today represents the culmination of two decades of hard work and close collaboration by our community and the Texas Tech University System,” he said in the release. “Establishing an independent health sciences university is a key element of our community’s educational, health care and economic development strategies.”

Chancellor Kent Hance said in the release the passage of the legislation represents Tech System’s efforts in El Paso beginning in 1969.

According to the release, Hance said he appreciates the collaboration and efforts of both Gonzalez and Rodriguez.

This, he said in the release, is because passing legislation in the House quickly is often difficult, and securing more than 100 co-authors in the House also is a challenge.

“We’re excited to be this close to the finish line,” Hance said in the release. “First and foremost, I would like to recognize the hard work and dedication of the bill’s primary authors, Sen. José Rodríguez and Rep. Naomi Gonzalez. Without them, this bill would not be a reality.”

According to the release, Senate Bill 120 passed in the Senate 30 to 1 and in the House 141 to 3.

The process for making HSC at El Paso an independent university began in March 2012, according to the release, when the Tech System Board of Regents voted to proceed with the process.

news@dailytoreador.com

“Today represents the culmination of two decades of hard work and close collaboration by our community and the Texas Tech University System,” said Rodríguez. “Establishing an independent health sciences university is a key element of our community’s educational, health care, and economic development strategies.”

“This is a great victory for District 76 and the El Paso region. Texas Tech University Health Sciences Center at El Paso as a stand-alone university will help address the specific needs of the population along the El Paso border,” said Gonzalez. “The stand-alone will improve access and quality of health care for the El Paso community and region.”

In plain language, the bill establishes TTUHSC at El Paso as an independent health sciences university with its own president and administration, schools with degree-granting authority, and greater local engagement in key hiring and funding decisions.

The move takes on greater significance given its role in regional priorities. It will continue to promote access to health care, attract more doctors and other health care professionals, research diseases that affect Latino and border populations, and spur economic development through its key role in the Medical Center of the Americas.

As an independent health sciences university, TTUHSC at El Paso will be able to focus on research priorities such as diseases that affect Latinos and border populations. In addition, the Paul L. Foster School of Medicine, which will graduate its first class of doctors in May, and its companion, the Gayle Greve Hunt School of Nursing, will reduce the regional shortage of health care professionals and provide quality health care in a medically underserved area.

“We’re excited to be this close to the finish line,” said Texas Tech Chancellor Kent Hance. “First and foremost, I would like to recognize the hard work and dedication of the bill’s primary authors, Senator José Rodríguez and Representative Naomi Gonzalez. Without them, this bill would not be a reality.

“Senator Rodríguez got the bill to the House very quickly, and Representative Gonzalez secured over 100 co-authors in the House — a formidable challenge for any member.

“I also want to compliment the rest of the El Paso delegation. They supported the authors and worked the floor in support of the bill. Representatives Marisa Márquez, Joe Moody, Joe Pickett, and Mary Gonzalez all played valuable roles. A sincere thanks goes out to all of them.

“This bill represents the progression of our efforts in El Paso, which began in the legislature in 1969, and signifies our commitment to the region. We’re looking forward to a bright future in El Paso.”

S.B. 120 passed the Senate 30-1 and the House 141-3.

In March of 2012, the Texas Tech University System Board of Regents voted to initiate the process of establishing a freestanding health sciences university with degree granting authority in El Paso. The new university will join Texas Tech University, Texas Tech University Health Sciences Center, and Angelo State University as the fourth component of the Texas Tech University System.

—

Senator José Rodríguez represents Texas Senate District 29, which includes the counties of El Paso, Hudspeth, Culberson, Jeff Davis and Presidio. He represents both urban and rural, and more than 350 miles of Texas-Mexico border. Senator Rodríguez was elected in 2010, and is a member of the Criminal Justice, Veterans Affairs and Military Installations, and Government Organization committees, as well as serving as Vice Chairman of the Jurisprudence Committee.

Representative Naomi Gonzalez represents Texas House District 76. She was elected in 2010 and is currently serving her second term in the Texas House of Representatives. Representative Gonzalez serves as Vice Chair of the Human Services Committee. She also sits on the Ways & Means, General Investigating & Ethics, and Transparency in State Agency Operations committees.

-30-

Last week the Texas Senate Criminal Justice Committee unanimously passed SB 538, a bill that would eliminate an unconstitutional law against homosexual conduct and delete a separate requirement that Department of Health sex-ed materials include statements calling homosexual conduct unacceptable and criminal.

This session marks the first time such a bill has been filed in the Senate, let alone passed in committee, in the 10 years after the Supreme Court ruling that struck down the law.

Despite the ruling, and rebukes of the law from all sides of the political spectrum, the statute remains unchanged today. There is no valid legal reason to keep the invalid section of code on the books, especially one that is so contrary to where we as a society are moving – away from intolerance and fear and toward acceptance.

Background

In the 2003 case Lawrence v. Texas, the Supreme Court of the United States struck down Section 21.06 of the Texas Penal Code as unconstitutional under the due process clause of the Fourteenth Amendment.

The “homosexual conduct” law was cited in a 2009 incident in El Paso when patrons called police after they were kicked out of a restaurant for an alleged display of public affection. A responding officer, not familiar with the law, incorrectly told them they could be arrested, which resulted in a suit that forced the city to spend resources defending itself before entering into a settlement.

Unnecessary and costly

“Not only is the continued existence of this law ‘on the books’ a source of misinformation to law enforcement, but the State and local government must pay to defend litigation from its misuse. This is a clear waste of taxpayer money. The law is void, and should be repealed,” wrote the State Bar of Texas in a letter supporting the bill.

Besides removing the unconstitutional law from the books, SB 538 also amends Section 163.002, Health and Safety Code, to delete a provision that course materials and instruction relating to sexual education or sexually transmitted diseases should emphasize that homosexuality is not an acceptable lifestyle and that homosexual conduct is a criminal offense.

What is not acceptable is spending state money to support intolerance, whether it’s through outdated and untrue literature or unconstitutional laws.

Coming up

SJR 1 would take $6 billion from the Rainy Day Fund to create the State Water Implementation Fund for Texas (SWIFT) and the State Infrastructure Fund (SIF). [link]

The funds would be voted upon during November elections, and would contain
$2.5 billion for water projects and $3.5 billion for road projects. These would be used to leverage other sources of funding.

The Rainy Day Fund, as it is called – its official name is the Economic Stabilization Fund – is expected to grow to $12 billion.

While some have argued that tapping it might endanger the state’s bond rating, that’s simply not true. There is no good reason not to use that money for vital infrastructure needs.

However, those infrastructure needs cannot be seen as simply physical. While we need to maintain and enhance our transportation network, we also need to build our greatest resource, our children.

There’s a reason education is enshrined in the Texas Constitution. Education is how a civilization progresses; it’s one of the pillars upon which we build society, a platform for filling our physical spaces with value. Thus, I support drawing from the Rainy Day Fund for education.

It’s hard to imagine leaving this session having pulled from our savings for roads and water, but leaving education depleted yet again.

Speaking of education

I’m keeping an eye on SB 1128, which some are calling an attempt to limit teaching of Chicano history and other important parts of our shared American story.

Now, I’m assured that the intent is not to limit history, but rather to make sure that students are not fulfilling their history requirements without ever learning core American events and facts.

This legislation would only count a “comprehensive survey” of history toward undergraduate history requirements. That could mean less opportunity for students to learn about the Chicano movement, César Chávez’s labor movement, and many other topics that are part of our comprehensive history.

These are not frivolous or fringe topics – this is history as lived by millions of Americans who had a completely different experience of this country as that likely to be portrayed in a “comprehensive survey.”

The bill is still in committee. However, there is a House bill companion, HB 1938, which was heard in committee last week. It was left pending, which means it will have to be discussed again. If you’d like to track the bills yourself go to www.capitol.state.tx.us/ and in the middle column on the page there is a search box where you can type in bill numbers.

That goes, by the way, for any piece of legislation. We get a lot of form letters from people who have been prompted by this or that group on this or that issue. Those are good – at least the person was motivated enough to forward an email to legislators’ offices. But our democracy functions best when individuals educate themselves and form their own opinions.

Celebrating UTEP

I was pleased to recognize UTEP on the Senate floor last week. Representatives of the university and of El Paso were at the Capitol on April 16, the day in 1913 when Texas Governor O.B. Colquitt signed Senate Bill 183, which created the Texas School of Mines and Metallurgy.

The school was to be established by residents of El Paso as a part of the UT System, and they did it. That next year, on Sept. 23, 2014, the then-Texas School of Mines and Metallurgy opened its first class; next year, UTEP will celebrate the 100th anniversary of that event.

Recognized around the world for its unique Bhutanese architecture, the second-oldest academic institution in the University of Texas System, UTEP has produced more than 100,000 alumni. The university now offers 70 Bachelor’s, 75 Master’s, and 19 Doctoral Degree programs to its current population of nearly 23,000 students.

UTEP is a national leader in American higher education; it ranks third among all U.S. universities in awarding bachelor’s degrees to Hispanics and among the top 10 in preparing Hispanic students for success in completing doctoral degrees.

As it prepares for its second century, UTEP continues to change the lives of students in the region.

A quick recap

I mentioned SB 538 to open this newsletter. Some other bills that moved from committee last week included legislation that would:

• Reduce regulatory burden and providing for uniform development in “extraterritorial jurisdictions,” which are adjacent to municipal boundaries. SB 1046 allows the city and county to better coordinate on development standards and policies and streamline the subdivision process for the private sector.
• Allow consolidation of the city and the county’s housing authorities, SB 1262, which allows for greater efficiency and now, as we have heard the reports of shredded documents and resignations at the county authority, greater oversight.
• Incentivize hotel development within 3,000 feet of the Civic Center; SB 1719 allows new hotel projects or hotel remodels to use the revenue they generate once they become operational to help pay for capital costs involved in their construction and rehabilitation.
• Allow Hudspeth County to charge a Hotel Occupancy Tax to help operate and maintain a county fairground, county barn, and county park that have a substantial impact on tourism and hotel activity in the area. This bill is SB 1585.
• Give public defenders more access to their clients’ criminal history held by DPS under SB 1044, which also waives some fees in some circumstances.
• Provide a framework for an arbitrator, through SB 1691, to subpoena documents and witnesses at the request of either party, relating to a disciplinary appeal or the resolution of a grievance under an agreement created pursuant to the Fire and Police Employee Relations Act.

Those bills were among nine considered in various committees; seven passed to the full Senate.

Left pending in committee were:

• Protecting workers from retaliation when they file a wage theft claim, SB 1743, which also creates a “rebuttable presumption” of retaliation if the action occurs within 90 days of a worker complaint.
• Making sure county auditors have access to defense from lawsuits arising from their official duties. That bill is SB 1738. The duties of the office also put the county auditor at risk from an internal suit over issues involving interpretation of state law, but the auditor is not always provided with legal counsel to present their position to the Commissioners Court.

Whatever your position, I urge you to follow the issues in the news, contact my office, sign up for my newsletter (www.senatorjoserodriguez.com), and use the Legislature’s resources (www.capitol.state.tx.us), which includes agendas, video, and documents.

Sincerely,

This session marks the first time such a bill has been filed in the Senate, let alone passed in committee, in the 10 years after the Supreme Court ruling that struck down the law.

“Despite this ruling, and rebukes of the law from all sides of the political spectrum, the statute remains unchanged today,” Rodríguez said. “There is no valid legal reason to keep the invalid section of code on the books, especially one that is so contrary to where we as a society are moving – away from intolerance and fear and toward acceptance.”

In the 2003 case Lawrence v. Texas, the Supreme Court of the United States struck down Section 21.06 of the Texas Penal Code as unconstitutional under the due process clause of the Fourteenth Amendment.

The “homosexual conduct” law was cited in a 2009 incident in El Paso when patrons were kicked out of a restaurant for an alleged display of public affection called police. A responding officer, not familiar with the law, incorrectly told them they could be arrested, which resulted in a suit that forced the city to spend resources defending itself before entering into a settlement.

“Not only is the continued existence of this law ‘on the books’ a source of misinformation to law enforcement, but the State and local government must pay to defend litigation from its misuse. This is a clear waste of taxpayer money. The law is void, and should be repealed,” wrote the State Bar of Texas in a letter supporting the bill.

Besides removing the unconstitutional law from the books, SB 538 also amends Section 163.002, Health and Safety Code, to delete a provision that course materials and instruction relating to sexual education or sexually transmitted diseases should emphasize that homosexuality is not an acceptable lifestyle and that homosexual conduct is a criminal offense.

– 30 –

—

Yesterday, two committees of the Texas Senate heard nine bills by Senator José Rodríguez that, among other things, reduced the regulatory burden on development immediately outside municipal boundaries.

The bills also: Remove an unconstitutional anti-gay law from the books; protect workers from retaliation when they file a wage theft claim; consolidate city and county housing authorities; incentivize development of Downtown hotels; provide Hudspeth County an economic development tool; allow public defenders free access to DPS criminal records; and allow an arbitrator to subpoena witnesses and records in certain grievance procedures.

Seven of the bills passed committee. The next step is consideration for a hearing by the full Senate.

“These bills are a reflection of legislators’ varied responsibilities, and remind us of how we must be responsive to our diverse constituencies,” Rodríguez said. “It is refreshing and reaffirming to have days where our outreach and preparation culminate in the presentation of good public policy.”

The bills heard today and passed in committee today were:

· Reducing regulatory burden and providing for uniform development in “extraterritorial jurisdictions,” which are adjacent to municipal boundaries. SB 1046 allows the city and county to better coordinate on development standards and policies and streamline the subdivision process for the private sector.

· Eliminate an unconstitutional law against homosexuality, SB 538, which also deletes a separate requirement that Department of Health sex-ed materials include statements calling homosexuality unacceptable and criminal.

· The consolidation of the city and the county’s housing authorities, SB 1262, which allows for greater efficiency and now, as we have heard the reports of shredded documents and resignations at the county authority, greater oversight.

· Incentivizing hotel development within 3,000 feet of the Civic Center; SB 1719 allows new hotel projects or hotel remodels to use the revenue they generate once they become operational to help pay for capital costs involved in their construction and rehabilitation.

· Allowing Hudspeth County to charge a Hotel Occupancy Tax to help operate and maintain a county fairground, county barn, and county park that have a substantial impact on tourism and hotel activity in the area. This bill is SB 1585.

· Giving public defenders more access to their clients’ criminal history held by DPS under SB 1044, which also waives some fees in some circumstances.

· Providing a framework for an arbitrator, through SB 1691, to subpoena documents and witnesses at the request of either party, relating to a disciplinary appeal or the resolution of a grievance under an agreement created pursuant to the Fire and Police Employee Relations Act.

Left pending in committee was:

· Protecting workers from retaliation when they file a wage theft claim, SB 1743, which also creates a “rebuttable presumption” of retaliation if the action occurs within 90 days of a worker complaint.

· Making sure county auditors have access to defense from lawsuits arising from their official duties. That bill is SB 1738. The duties of the office also put the county auditor at risk from an internal suit over issues involving interpretation of state law, but the auditor is not always provided with legal counsel to present their position to the Commissioners Court.

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With only 41 days to go in the session and the pace accelerating, I’m pleased to report upon this office’s recent legislative activity. That includes action from this week, upcoming bills to be considered, and a review of the past two weeks, which saw passage of the last of my six priority bills from the Senate.

The first passed in February, early in the session. That was SB 120, the bill that creates Texas Tech Health Sciences University as a standalone institution; the bill is pending in the House Higher Education Committee.

This past week the Senate passed the last two of the five bills related to dealing with the cheating scandal at the El Paso Independent School District.

The two that passed last week are:

• SB 119, which would create a program that would require EPISD to offer remedial classes and alternative graduation for students cheated of their education by the actions of district administrators (April 8).
• SB121, which strengthens whistleblower protections to encourage school district employees to report illegal activity without fear of retaliation (April 9).

And during the previous week (April 3) the Senate had passed:

• SB 122, which adds school districts’ boards of trustees to the list of county officials who can be removed from office for incompetence or misconduct.
• SB 123, which strengthens TEA’s oversight of school districts by providing the commissioner of education with the authority to issue subpoenas and the ability to more easily investigate suspicious data reporting by districts.
• SB 124, which makes the fraudulent manipulation of data reported to the TEA a third degree felony.

EPISD has struggled to deal with revelations that its former superintendent and several administrators manipulated both students and data to give the appearance that standardized test scores were improving. This scheme included denying some students credits to advance to the 10th grade, forcing students to drop out or transfer to alternative schools, not allowing some students to enroll, and ultimately submitting false data to TEA and the U.S. Department of Education.

While this happened, the former superintendent, Lorenzo Garcia, received salary bonuses because the false appearance of achievement allowed EPISD to improve performance ratings. Garcia has since pled guilty to charges of fraud as well as unrelated federal charges stemming from contracts he gave to a former mistress.

Other action

I filed the five bills related to the cheating scandal and the Texas Tech standalone designation on the first day of pre-filing in November to highlight their importance. But they are far from the only legislation of importance to Texas and District 29.

Another bill to pass last week was SB 1082, which will help recruit out-of-state physicians to medically underserved areas.

Many regions of the state have shortages in a variety of health care professions. However, the border region and rural areas of the state face even more significant shortages in physicians, dentists, nurses, and allied health professionals. This bill reduces an administrative barrier to access to health care.

Although there are shortages in many parts of the state, some qualified physicians who have valuable experience and want to practice in Texas are unable to ever obtain a license in the state because the limit on exam attempts or timeframe renders them ineligible, even with board certification.

In comparison, 27 states and Washington D.C. — including those with large physician populations like Florida, New York, Pennsylvania, and California — have no limits on exam attempts. As a result, many Texas Tech graduates are currently practicing in New Mexico, Arizona, California, and Florida and can’t ever come back to practice in El Paso or other areas of the state.

The bill changes the attempt limit on each individual part of the exam from three to five, but maintains the total attempt limit for all three parts of the exam at nine.

In addition, the bill creates narrow exceptions to the limitation on exam attempts and the timeframe for passing all parts of the exam. To qualify for either of these exceptions, a physician must meet all of the following requirements:

• Be licensed in good standing in another state for at least five years;
• Not hold a medical license in the other state that has or has ever had any restrictions, disciplinary orders, or probation; and
• Plan to practice in a medically underserved area or a health manpower shortage area.

Tough vote

I voted on Thursday in favor of SB 2, the so-called “Charter School” bill.

It wasn’t an easy vote, as I am a strong believer in public schools. But this bill as passed improves the Texas charter school system in several key areas. It tightens regulations with respect to charter schools, and makes it easier to close bad charters. It creates a cap on the overall number of charters at 305 by 2019, growing with the population, and it encourages dropout recovery by removing any cap on schools that serve that population.

Importantly, this does not create a voucher system for private schools, which I continue to oppose. I fully support public education and will continue to fight for that. We have several proposals on the table to add public education funding in this session; we must find a way to get there. While the Senate budget adds to the per-student funding from the previous biennium by about $138, raising it from $5,435 to $5,573, respectively, it does not restore it to where we were in 2011 prior to the cuts — $5,760.

A proposal was released late last week to use the Rainy Day Fund to put $2.5 billion into roads and $3.5 billion into water. I think the state needs these investments, but it would be shameful to put money into water and roads, both of which we need to shore up, and not commit to building Texas’ most important resource, its people.

So far this week

We got off to a good start, passing two bills yesterday from the full Senate:

• SB 459, which addresses the problem of illegal tire dumping in the desert. Used tire disposal has been a rampant problem for years. More than 24 million tires are discarded each year in Texas, and too many of them end up either in environmentally hazardous tire piles or back on the road, creating a safety hazard. The bill defines unsafe tires and prohibits their sale, makes retailers responsible for disposal of the unsafe tires, and provides penalties and a source of funding so the state can track and prosecute transporters who illegally dump the tires.
• SB 336, which will help El Paso County hire a medical examiner. Current law requires that a person must be licensed by the Texas Medical Board to be appointed as a medical examiner. But it’s unclear if a provisional license suffices; this bill clarifies that a provisional license is sufficient if the physician is licensed and in good standing in another state and has applied for a license to practice medicine in Texas.

Also eligible for a hearing this week in the full Senate is SB 1584, which would dissolve the Economic Development Corporation of Presidio and create the Presidio Municipal Development District. This is very important for the residents of that city, which is taking great strides to boost its trade with Mexico, conserve its water, and grow its economy.

Among bills eligible for committee hearings are:

• SB 538, which repeals an unconstitutional law criminalizing homosexuality that Texas legislators refuse to take off the books. Despite a ruling by the nation’s highest court striking down 21.06 of the Penal Code, and rebukes of the law from all sides of the political spectrum, the statute remains unchanged today. There is no valid legal reason to keep the void section of code on the books, besides the simple argument that it’s the right thing to do to take it off, there are consequences when poorly trained authorities mistakenly try to enforce it. For example, in El Paso in 2009, two men were kicked out of a restaurant by a security guard who said they were kissing and it was offensive. The men called police and said one of the responding officers told them that they could be arrested.
• SB 1239, the so-called “Renewable Buyback” bill, which allows customers to capture the full value of an investment in onsite renewable generation. When a property owner installs solar panels or similar onsite generation, any excess electricity they produce flows onto the electric distribution system, reducing the energy costs of that customer’s electric provider during peak hours. Texas is one of only seven states (ID, SD, MS, AL, TN, SC) that don’t require customers to be compensated for this electricity they provide to the grid, most often during peak hours when electricity prices are highest. The lack of fair compensation is cited by potential onsite renewable energy purchasers – who range from large commercial stores to residential customers — as a key reason for declining to invest in Texas.
• Closely related to SB 1239 is SB 1586, which allows public buildings to generate more electricity onsite through renewable power than currently is allowed. Currently, public buildings that include “distributed renewable generation” — typically, solar power meant for on-site use — are limited to a two megawatt capacity. The bill raises that to 10 megawatts, which would create enough electricity to power significant public structures such as schools, office buildings and, in the case of El Paso, much of Fort Bliss.
• SB 1743, which prohibits retaliation for a worker who seeks to recover wages owed by filing a formal complaint, seeking assistance, or exercising a right or remedy protected by law.

As you can see, we’re quite busy in Austin! It is an honor to work for you and Senate District 29.

Sincerely,