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Saturday, May 31, 1997

Senate Briefs

AUSTIN (AP) - Violent criminals and sex offenders released early from prison would face nonstop supervision under a bill forwarded to Gov. George W. Bush by lawmakers.

Bush and state lawmakers initially sought to retroactively end the so-called mandatory release program for violent and sex offenders. They gave up that effort after the U.S. Supreme Court in a Florida case ruled such a move unconstitutional.

Lawmakers already have ended the early-release law for criminals convicted after September 1996. But thousands of criminals convicted before then remain eligible for the program. It was created in the 1980s to help relieve prison overcrowding.

Under the program, prisoners are required to be released to parole when their actual time served plus good-conduct time credit added up to their original sentence.

Sex offenders and violent criminals released under the program would be under constant supervision during their parole under the bill given a final OK Friday by senators.

The mandatory release bill is HB2918.

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AUSTIN (AP) - Texas' welfare system could be opened to privatization, with oversight from legislative leaders and the public, under a bill forwarded to Gov. George W. Bush.

The move comes after state officials were stymied by federal officials in a far-reaching effort to let private companies run welfare programs.

The bill given a final OK Friday by the Senate would provide for development of an alternate plan, giving priority to more efficient automation of the system. Federal approval would be sought as needed.

The measure would authorize the Health and Human Services Commission - with approval from the governor and Legislative Budget Board - to develop a plan to allow private companies to carry out welfare-related tasks. The LBB includes Lt. Gov. Bob Bullock, House Speaker Pete Laney and other lawmakers.

A special oversight panel of lawmakers would receive information and conduct public hearings around the state as the plan was developed and implemented.

In addition, the commission would have a public hearing within 10 days after the release of a request for bids relating to the plan.

Texas Health and Human Services Commissioner Mike McKinney and other state officials have said privatization could save the state $120 million of the $550 million Texas spends annually to administer welfare programs.

McKinney has said the bill would prevent private companies from making "final" eligibility determinations, from setting policy and from presiding over hearings dealing with welfare matters.

The welfare privatization bill is HB2777.

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AUSTIN (AP) - The amount the Texas Lottery can spend on administration would be lowered from 15 percent to 12 percent of all lottery revenues under a bill sent to Gov. George W. Bush by lawmakers.

Since starting in 1992, the lottery has not used the entire 15 percent but has had access to the money. The bill would eliminate access to 3 percent of the revenues, making them available for other state spending.

The lottery spending bill is SB581.

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AUSTIN (AP) - Defendants could enter a plea to their crimes by closed-circuit television under a bill sent to Gov. George W. Bush.

Currently, incarcerated defendants must be present in open court to enter a plea or waive their rights. An analysis of the bill by Sen. Teel Bivins, R-Amarillo, says the requirement is burdensome on counties that must transport and supervise such defendants

Bivins' bill would allow a court the option of hearing pleas or waiver of rights in criminal cases by closed-circuit television, if agreed to by the defendant, in order to reduce security, liability and manpower concerns.

The closed-circuit plea bill is SB121.

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AUSTIN (AP) - Welfare recipients entering the workforce could get cars at a nominal cost under a measure sent to the governor Friday.

A bill by Sen. Rodney Ellis, D-Houston, would require the Texas Workforce Commission to establish a "Wheels for Work" program. The program would make donated cars available at low cost to welfare recipients who need only transportation to become employed. It got final approval Friday from the Senate.

The Wheels for Work bill is SB1114.

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AUSTIN (AP) - Teen-agers would face new hurdles to drive boats or jet skis and there would be harsher penalties for boating violations under a bill forwarded to Gov. George W. Bush.

"This legislation, I think, is going to promote safety in boating," Sen. Gonzalo Barrientos, D-Austin, said Friday, when the measure got a final OK from the Senate.

The measure would prohibit teen-agers under 16 from operating boats or jet skis, unless they were accompanied by someone at least 18 or were at least 13 and had completed a boater education course.

It also would:

- Require education courses for boaters found guilty of reckless or dangerous operation of a boat, along with paying any fines associated with the violation.

- Raise from 180 days to 10 years the maximum prison sentence for boaters who don't stop and offer assistance after being involved in wrecks that cause serious bodily injury or death. They also would face $5,000 fines, up from $1,000 under current law.

Texas has more than 600,000 registered boats, representing an estimated 5.3 million boaters, and ranks as the fifth largest boating state in the nation.

The boating safety bill is HB966.

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AUSTIN (AP) - A group representing charities in Texas says a massive killing of legislation by a Texas House member this week will have lasting effects on charitable organizations.

The group Charitable Accord, which represents the interests of several charities in Texas, said that a bill benefiting charities by Rep. Kenny Marchant, R-Carrollton, was among 52 bills killed by Rep. Arlene Wohlgemuth, R-Burleson.

Mrs. Wohlgemuth killed the bills in retaliation for action taken against a parental notification abortion bill.

Charitable Accord officials say Marchant's bill would have benefited charities and educational institutions by providing retroactive protection against a lawsuit pending in federal court.

Charitable gift annuities allow a donor to give a lump sum to a charity and take a tax deduction for a portion of the gift. In exchange, the charity pays the donor an annuity, typically in the range of 6 to 7.5 percent per year.

A federal judge ruled that gift annuities were illegal under current Texas law because the statute's language was vague.

The bill would have clarified the Legislature's intent that the annuities be legal.

"The legislation would have made it impossible for the courts to ignore the Legislature's intent to protect these annuities," said Rep. Rob Junell, D-San Angelo. "The death of this bill is devastating."

The charities bill is SB1948. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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