PRINT THIS PAGE | E-MAIL THIS PAGE

Wednesday, May 28, 1997

Technicalities killing more bills this session

By SARAH HORNADAY / Associated Press Writer

AUSTIN (AP) - In the wake of a massive bill kill quickly dubbed the "Memorial Day Massacre," lawmakers' attention was focused on those who make not only an art but a job of finding procedural violations that can spell death for legislation.

Among the masters is 26-year-old Cristy Cates, a hired gun for "points of order," objections raised under the House rules to any error in the way a bill moves through the legislative process.

She earns $1,000 for reading a bill to look for possible points of order and would get $5,000 if someone used a procedural error she found upheld on the House floor to stall or kill a bill.

But Ms. Cates said she had nothing to do with a point of order by Rep. Arlene Wohlgemuth, R-Burleson, that killed 52 bills Monday night. A number of lawmakers alluded to a legislative "bounty hunter" when discussing the move.

"I would have never done that," Ms. Cates said. "I was quite impressed that they thought that I was that good, but I want everybody to know that I have respect for the legislative process. She didn't ask, and I would have turned her down."

Ms. Cates - a high school graduate who has been a committee clerk during four legislative sessions - said lobbyists hire her to look for points of order as "negotiating tools."

She said none of the points of order she has discovered have been brought up on the House floor to stop a bill, but are just used by lobbyists to bring legislators to the bargaining table.

Ms. Cates found her niche after deciding to work toward her goal of becoming a lobbyist rather than again working as a committee clerk. In four legislative sessions, she said, no bills that left committees she worked for ever had points of order called against them.

Legislators said they had heard Tuesday that someone was being paid for finding points of order. None said they had used her services.

Points of order had killed or delayed 42 bills before Monday, double the number in the last regular legislative session in 1995.

Rep. Warren Chisum, R-Pampa, who used a point of order to delay consideration of a bill penalizing minors who smoke, said he had never used a point-of-order bounty hunter.

Rep. John Shields, R-San Antonio, said, "This morning was the first time anyone asked me if a lobbyist has been paid to research a point of order. I've never heard of that."

Examples of points of order that have been sustained this session include that a bill was not posted five days before a committee hearing; legislation wasn't properly identified on the committee agenda; and that a committee report listed the wrong date for when the bill was voted out of committee.

Mrs. Wohlgemuth's objection was that rules were broken because the Calendars Committee, which sets the House agenda. met without announcing the meeting location.

The committee has met in the same place all session, said Rep. Mark Stiles, D-Beaumont, committee chairman. He called the Saturday night meeting in question.

The rise in points of order have some wondering about the process.

"I think the structure down here probably needs to be changed," said Rep. Tom Craddick, R-Midland.

Rep. Kevin Bailey, D-Houston, agreed.

"I've felt like for several years now, that minor technical errors should not kill bills," he said.

House Speaker Pete Laney, however, defended the rules.

"The rules are there to make sure that the members and the public have full knowledge of everything we do," he said.

Rep. Glen Maxey, D-Austin, agreed, saying, "If the Calendars Committee, on purpose, went into a dark room and set a calendar and didn't let the press or the public know, you would want to be able to kill that calendar on a point of order." Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
Send the URL (Address) of This Story to A Friend: