On the Lege
Fri., March 5, 1999
Under the Big Top
"Warning: Prolonged exposure to the Legislature may be hazardous to your health," cautions the entrance to the Texas Legislative Carnival, a new Web site written by Bill Wells, a longtime state employee and observer of Texas politics. The former head of the Sunset Advisory Commission, co-chair of the Legislative Budget Board, and all-around state flunky for more than 30 years got the idea for the site about a year ago, when, he says, he felt the need to let people know that "the Legislature doesn't operate much on the principle of serving the public, even though they say they do."
Wells says the site's purpose is to remedy the lack of public participation in government by encouraging citizens to communicate with legislators, the media, and each other. But Wells points out the Legislative Carnival is "no League of Women Voters." Wells' biting, take-no-prisoners style promises to ruffle the feathers of at least a few lawmakers targeted. Under nominees for "Stupid Legislative Tricks," the site offers the "Mark Stiles Award for Excellence in Self-Inflation." Elsewhere, Wells notes that although "Legislators often complain that the 140-day session is too short, that it forces a log-jam at the end causing them to make mistakes," he would argue that "an error occurred during the drafting of the Texas Constitution. It should have provided a one-day session every 140 years." (Wells humbly admits he stole the joke). Other site attractions: "The Chamber of Horrors," a list and analysis of bad legislation; the "Appropriation Pork Barrel," culled from the massive General Appropriations Bill; and "Bring in the Clowns," a series of links to state press outlets. In addition, the Carnival features links to legislators' offices, areas to drop tips about legislation or gossip overheard around the Capitol, and a guide to the legislative process. "What I hope to do, if nothing else, is maybe give people a little bit different perspective," Wells says. "People don't really understand what the Legislature is doing, and the Legislature tries to maintain that kind of situation."
To visit the Texas Legislative Carnival, step right up to http://www.legislativecarnival.com. --E.C.B.
Cleaning up the Crumbs
With most of its major legislative goals achieved in 1995 and 1997, the Texas Civil Justice League has been conspicuously quieter during the 76th session than in years past. But don't think the most powerful tort reform lobbyists in the Capitol have packed up their briefcases and hit the road. The group is still busy drafting legislation to clean up the crumbs it left behind. The most recent example is SB 532, which would require losing parties to a suit to pay their opponents' court costs if the opponent offered to settle before the lawsuit went to trial. The bill, filed by Sen. Bill Ratliff, R-Mt. Pleasant, would also apply to cases in which a jury awarded the winner less than the amount of an opponent's settlement offer.
George Christian, of the Texas Civil Justice League, says the bill would force lawyers to exercise caution in deciding whether to take a case to court. By requiring litigants to consider the value of their cases, Christian says, the legislation will encourage attorneys to settle if they know they don't have a strong enough case to go to trial. "I think that lawyers know what their case is worth. This is intended to make them reckon with that early on." The bill, Christian points out, applies to both plaintiffs and defendants. "We want it to be a balanced bill that doesn't favor anybody," Christian says.
But Hartley Hampton, president of the Texas Trial Lawyers Association, worries that thebill would provide yet another tool of intimidation for defense attorneys looking out for corporate clients' interests. "It's a familiar theory that you hear from people that want to tilt the playing field in favor of chemical companies," Hampton says. "In most instances, the defendants are either big companies or they're insured, and theyhave the resources to be able to roll the dice."In contrast, he says, plaintiffs in such suits are often too poor to afford the risk of having to pay court costs if they lose. In a worst-case scenario, the legislation might prevent certain types of cases -- like those involving civil rights -- from getting their day in court. "If Brown v. Board of Education had been brought in and there had been a statute like this, they might have accepted something other than desegregation," Hampton says. "There are a lot of cases which society needs the courts to decide." --E.C.B.
Alamo Daze
There are two things you can rely on: The sun coming up in the east and Rep. Ron Wilson filing a bill to take control of the Alamo away from the Daughters of the Republic of Texas. Every session the Houston Democrat files a bill to transfer the management of the battle site in San Antonio to the Texas Parks and Wildlife Department or some other state agency. And every session, his bill gets shot down. "If it was private land, I'd say fine. But this is public. And it's one of the more famous icons the state has. It ought to be under the stewardship under a body that has some public accountability," says Wilson. Wilson knows he's fighting an uphill battle. In fact, he's never been able to get his proposal out of committee. "Guys are afraid to give me a hearing on it," he says. Why doesn't his proposal get more support? Wilson laughs, adjusts his toaster-sized gold Rolex watch and then gives his rivals, the Daughters of the Republic of Texas, a classic left-handed compliment. "Those little old blue-haired ladies have a lot of clout around here. I mean a bunch. And I respect that," he said. "They've been kicking my butt for years on this thing. But I still think it's the right thing to do." --R.B.
Bob Loves Jim Bob
Of course he's not lobbying. Former Lt. Gov. Bob Bullock insisted that he wouldn't lobby. Instead, Bullock's trip through the revolving door has him selling his expertise as a "strategicadvisor and facilitator." Bullock's newest advisee?Status Properties (formerly known as FM Properties). But here's the catch: No one knows how much Bullock is being paid to advise the company that has been battling the city of Austinover water pollution and annexation issues since 1990. Bullock's paycheck is a secret because he's working at Public Strategies Inc., the powerhouse public relations and political strategy firm headed by his pal Jack Martin. Isn't it nice tohave your faith in public servants restored? --R.B.
Bills! Bills! Bills!
The bills to overturn or modify the Hopwood decision just keep piling up. Currently on the top of the heap is Austin Sen. Gonzalo Barrientos' SB 626, which would allow universities to consider race and national origin as a factor in admissions, recruitment, and financial aid, and require schools to annually evaluate the effectiveness of race-based admissions and recruitment programs. ...
Maybe the proposals to rewrite the entire 400-page Texas Constitution in one legislative session were too optimistic; maybe there's just too much important work to be done elsewhere. In any case, Sen. Buster Brown, R-Lake Jackson, has proposed SB 670 to put the brakes on the process by stretching the revision out in phases through 2005, a time frame which some are sure to contend is far too generous. ...
A pet peeve of Austinites that was especially glaring during the last election cycle -- polling sites that change mysteriously at the last minute -- would be remedied by Austin Rep. Glen Maxey's HB 1711, which would require polling places to remain in one spot for at least two years after being designated as such. --E.C.B.
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