Equality

Dear friend,

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 The law is void, and should be repealed,” wrote the State Bar of Texas in a letter supporting the bill.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What is not acceptable is spending state money to support intolerance, whether it’s through outdated and untrue literature or unconstitutional laws.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,

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