TEXA S .13 ERVE R June 24, 1983 A Journal of Free Voices 75C • Assessing the 68th

Most Valuable Player SENATOR LLOYD DOGGETT

Rookie of the Year

In This Issue: Caperton on K e ouse and l ey the PVC„ Says , . t1 L7r1h_ • PAGE TWO •

Caperton Defends New PUC Mawr '■11 1 11! A recent article in this journal ("Utility Lobby Going Home - V ..."--...... :-.1-.-:--, -...._ .....7:•••• Happy," Jack Hopper, (TO 5/20/83) suggested that the state's

. I I ,,, 04,1 s":'------•-- ::..-_---:::1-.---1 electric utilities are chuckling all the way home after the Sunset v.:111!IIIIIIIIII 0111111i.° "----—„ . ------.7--___,=.- review of the Public Utilities Commission (PUC), and the new Public Utilities Regulatory Act (PURA). Not likely. Before the opening of the Sunset Commission hearing, barely eight months ago, utilities could be heard boldly asserting that their aim for Sunset was to block all reform. But that was before the pro- THE blems of supplying power emerged as a surprise force in the ToBSERVER 1982 campaign, before public opinion gathered strength, and 0 The Texas Observer Publishing Co., 1983 before a new legislature set itself the test of genuine improve- Ronnie Dugger, Publisher ment in utility legislation. The utilities can certainly go home happy about a few things Vol. 75, No. 12 7-42Y,)'''.Y.F June 24, 1983 — they did not have to accept elected commissioners, they won Incorporating the State Observer and the East Texas Democrat, some moderation in the restrictions placed on Construction which in turn incorporated the Austin Forum-Advocate. Work in Progress (CWIP) money and Fuel Adjustment Clause procedures. And they certainly must be pleased with the civili- EDITOR Joe Holley ASSOCIATE EDITOR Geoffrey Rips ty of the legislative process: the "Ad Hoc Task Force" assem- EDITOR AT LARGE Ronnie Dugger bled by Senator Ray Farabee to work out compromise versions F . z*gPORTER: Kay Gunderson of the most embattled issues was open to anyone. WAWIWPTON CORRESPONDENTS: Amy Cunningham, Al Watkins But in the long run, it will surely be apparent that the Sunset CORRESPONDENT: Bob Sherrill obrAND DESIGN: Alicia Daniel legislation for the PUC embodies some major reforms that gen- !!tORIAL ADVISORY BOARD: Frances Barton, Austin; Elroy Bode, Kerr- uinely operate in the public interest. Public hearings conducted „ Chandler Davidson, Houston; Bob Eckhardt, Washington, D.C.; Sissy last fall by the Sunset Commission and the Senate Subcommit- *,t,erttlold, Houston; Ruperto Garcia, Austin; John Kenneth Galbraith, Cam- tee on Consumer Affairs laid the groundwork for a thorough Lawrence Goodvvyn, Durham, N.C.; George Hendrick, Urbana, .1114 Molly Ivins, Dallas; Larry L. King, Washington, D.C.; Maury Maverick, review of policy. Senate Bill 232, which I filed on January 25 Jr., San Antonio; Willie Morris, Oxford, Miss.; Kaye Northcott, Austin; James of this year and which was recently signed into law by Gover- Presley, Texarkana, Tx.; Susan Reid, Austin: A. R. (Babe) Schwartz, Galveston; nor White, reflected the best recommendations that emerged Fred Schmidt, Tehachapi, Cal. from those processes. It attempted to rebuild the regulatory CONTRIBUTING WRITERS: Warren Burnett, Nina Butts, Jo Clifton, Craig Clifford, John Henry Faulk, Ed Garcia, Bill Helmer, Jack Hopper, Amy Johnson, legislation as a unified and coherent whole — it was not just Laurence Johdon, Mary Lenz, Matt Lyon, Greg Mines, Rick Piltz, Susan Raleigh, a jumbled wish list or a set of problem-solvers. It represented Paul Sweeney, Lawrence Walsh. the results of months of study and thought about the most CONTRIBUTING PHOTOGRAPHERS: Alan Pogue, Russell Lee, Scott Van Osdol. forward-looking reforms in the nation and how we might best incorporate them into our own state policy. The bill as it final- CONTRIBUTING ARTISTS: Jeff Danziger, Dan Hubig, Kevin Krenek, Ben Sargent, Gail Woods. ly passed was a result of a concerted effort of myself and the Senate Sponsors: Ray Farabee, D-Wichita Falls, Lloyd Dog- A journal of free voices gett, D-Austin, and Hugh Parmer, D-Fort Worth and the House Representatives: Jim Turner, D-Crockett, and Elton Bomer, D- We will serve no group or party but will hew hard to the truth as we find Montalba. The suggestion that Senate Bill 232 was written by a and the right as we see it We are dedicated to the whole truth, to human values above all interests, to the rights of humankind as the foundation of the utilities is laughable to anyone who watched it develop, in- democracy; we will take orders from none but our own conscience, and never sulting to those who worked on it, and irresponsible on the part will we overlook or misrepresent the truth to serve the interests of the power- of those making it. ful or cater to the ignoble in the human spirit. Writers are responsible for their own work, but not for anything they have Senate Bill 232, as originally filed, attempted to speak to the not themselves written, and in publishing them we do not necessarily imply issues which were of public concern: it restricted guaranteed that we agree with them because this is a journal of free voices. funding by consumers for construction and abolished the automatic passthrough of fuel charges, the two aspects of spiral- Business Manager Frances Barton ing cost of power that account for over 2/3of the user's bill to- Assistant Alicia Daniel day. It provided more time for rate decisions and abolished Advertising, Special Projects Cliff Olofson bonded rates, two issues of special concern to public interest Editorial and Business Office intervenor groups like Consumers Union, Texas Municipal 600 West 7th Street, Austin, Texas 78701 League and Texas Consumer Association, which must try with (512) 477-0746 limited resources of time and money to counter the complex The Texas Observer (ISSN 0040-4519) is published biweekly except for a three-week interval between issues in January and July (25 issues per year) by the Texas Observer Publishing Co., 600 presentations of amply funded utility representatives. And by .' West 7th Street, Austin. Texas 78701, (512) 477-0746. Second class postage paid at Austin, Texas. such provisions as the establishing of original costs, as Single copy (current or back issue} 75C prepaid. One year, $20; two years, $38; three years, opposed to "adjusted value" assessment, and the use of manage- $56. One year rate for full-time students, $13. Airmail, foreign, group, and bulk rates on request. Microfilm editions available from University Microfilms Intl., 300 N. Zeeb Road, Ann Arbor, ment audits, it sought to make utilities more responsive to the Michigan 48106. same real economic and social forces that affect ratepayers. In Copyright 1983 by Texas Observer Publishing Company. All rights reserved. Material may not ; be reproduced without permission. a separate bill, Senate Bill 577, later largely incorporated into POSTMASTER: Send form 3579 to 600 West 7th Street, Austin, Texas 78701. Senate Bill 232, the legislature provided for a Public Counsel. These are all important provisions, and they all survived,

2 JUNE 24, 1983 more or less intact, the strong concerted efforts by utilities to weaken or remove them. The CWIP, fuel adjustment, and bond- Happy Birthday ing provisions are not as strict as originally proposed, but they give the PUC new strong authority to assess utility actions and decisions. And, for the first time, the law now gives the PUC "RAFF" express authority to take into account, during the ratemaking hearings, other aspects of utility management, including con- servation efforts. Senate Bill 232, then, has spoken to those pro- blems and abuses that have caught the public attention over the last several years. But other features of our Sunset legislation are, to my mind, even more important. If we only legislate retrospectively, to prevent the repetition of past problems, then we will remain forever a step behind reality. But in Senate Bill 232 we have also tried to build a mechanism to meet the future. In that sense the new provisions for certification of plant con- struction and forecasting our power needs on a statewide, long- term basis are perhaps the most significant reforms won this session. ro E Certification programs are important because we need to con- trol and assess the astronomical cost of power plants before enor- as mous debts are incurred, not afterward. The PUC will now have ro the power to evaluate whether a new plant is really needed and whether the utility has chosen the best, most economical E technology. It will have the power to determine whether con- servation can fill the same needs more economically. I believe the PUC will also be better equipped to hold the utilities ac- C.) countable for their decisions, and so avoid the unbelievable cost E E overruns which have characterized recent construction in the a> industry.

O Effective certification procedure is impossible without good co >. statewide energy forecasting. The new forecasting provision can _o help the PUC ensure that expensive, unneeded plants are not O 0 built. But it has a further significance for the development of _c regulatory policy, because a statewide plan shifts the assess- Yarborough blows out candles on 80th birthday cake at June ment of changing power needs and usage from the individual 8 celebration at Scholz's. utility to the PUC. The electric utility lobby are surely not happy about these provisions because they see their power of "planning and N JUNE 8, at the urging of Ag Commissioner Jim building" eroded. Implicit in the forecasting provision is the Hightower, a reception was held in the Governor's PUC's authority to order utilities to share power rather than 0 Mansion honoring former U.S. Senator Ralph Yar- build new facilities. Utility spokesmen are unlikely to lament borough on his eightieth birthday. Yarborough said it was the the certification and forecasting provisions publicly, but they first time he had been invited into the mansion since the days are the best equipped to comprehend how significant these new of Pappy Lee O'Daniel. He brought with him many of the legen- powers will be. dary stalwarts who had carried the progressive banner for the The electric utility is going home far from happy. This is Democratic Party through many lean and mean years. They in- also true of the Bell lobby. Bell worked hard for provisions that cluded Creekmore Fath, Dave Allred, and Judge William would allow deregulation of their long distance market. But the Wayne Justice, who commented, "It's too bad this didn't hap- legislature withstood this pressure. The PUC has been directed pen in 1953." Later that evening, Yarborough was joined by to study the issues of AT&T divestiture, and the legislature may hundreds of friends and supporters for a people's celebration yet fight this battle again. Meantime, another set of lobbyists of his birthday at Scholz's in Austin. has considerably less reason to celebrate than they had expected. In honor of the occasion, we reprint an excerpt from a piece So the legislature has in fact managed to pass a PURA that Ronnie Dugger wrote for the February 20, 1970 Observer. was much better than our critics had predicted — certainly its "This man Yarborough is the substance and the soul of pro- reforms are more far reaching and significant than some of the gressive politics in Texas. He licked Shivers. He took on the other Sunset reviews have produced. Of all the major provi- bedsheet brigade. He beat the states' righters, the federal-haters. sions originally introduced, only the election of commissioners He called down the Texas Rangers. He fights for workers in was not included in the bill. The rare concurrence of wide voter a non-union state. He was for Adlai Stevenson when Lloyd Bent- interest, a committed governor with the opportunity to make sen was running for cover on the tidelands issue, he was for appointments, the need for Sunset Review, and hard work by John Kennedy while Lloyd Bentsen was piling up dough in a small group of legislators muted, at least for the near future, Houston, he was for Eugene McCarthy while the wizen-worded the dominant voice of the industry. But no single legislator, men running against him were having their drinks at the coun- however committed to the best and bravest changes, could hope try clubs, he is for the poor people, whatever their color, and to achieve much genuine reform without the force of public opi- the ordinary middle-class people, and the farmers and small nion behind him. An informed public and an aggressive press businessmen, and he wants this damnable war over and the kill- are our best allies in any attempt to improve legislation. ing and maiming stopped. He has earned everything we've got."

State Senator Kent A. Caperton (D-Bryan). ❑ THE TEXAS OBSERVER 3 Leaders Show Colors Early COPS Meeting Educational

On a dreary afternoon before the though he made no promises, mention- leaves or the legislature had returned to ed his work throughout his career on Austin, a coalition of community-based behalf of education equalization. All Gib groups led by San Antonio's Com- Lewis would offer was thanks to COPS munities Organized for Public Service for bringing the problem to his attention. (COPS) converged on the Capitol for a "Many times," he told the gathering, meeting with the state's newly elected "we in policy-making positions do not governor, the lieutenant governor, and see the forest for the trees — I think that the soon-to-be speaker of the House. is the old saying, or vice versa." What COPS heard that day would be a A COPS officer, mother of two foreshadowing of the 68th Session, a students in the state's poorest school rehearsal for where the state's leadership district, stood and addressed Lewis and Bill Hobby would take the session — and where it Hobby: "We know that the speaker of the wouldn't. House can make appointments to com- legislature, however, particularly on the COPS came to Austin that winter after- mittees of people who are sympathetic to House, he took his campaign for a noon (TO, 1/14/83) to propose a equalizing education. We know that you teacher-pay increase and an increase in legislative education package that in- can schedule the bill, and that you can equalization aid to the people. That was cluded an increase in equalization funding place it on the calendar. We also know a mistake. Lewis, Messer, Schlueter, and as well as increased funding levels for that the lieutentnt governor can do the company never budged off their "no new compensatory education aid, bilingual same thing, that he can use his influence taxes" stance, and the governor's education, "Impact" aid for children of to increase money for education. What package, HB 716 by Bill Haley of undocumented workers, and for building we want to know is — would you be will- Center, remained stuck. White's maintenance and construction. ing to work with the COPS organization legislative aides, not particularly well and sit down with us to form a strategy organized in the early going, were never about which is the best way to put that able to find a key. bill through?" It was only toward the end of the Ses- Lewis said he would, and Hobby said sion that the House leadership began to he already had a staff assistant working feel the pressure, but by then all Hobby on the issue. White assured the audience and White could salvage was a commit- that education was his "number one ment from Lewis to participate in a priority." recreated Select Committee on Public In- As the session got underway, Hobby's struction. (Lewis initially made the ab- office generated an education package surd offer to visit personally every school that included not only teacher pay raises district in the state to assess the needs of and increased equalization aid, but also public education.) a sophisticated "square root formula" designed to increase state aid to poorer school districts and a controversial "ex- Unless otherwise specified, the articles cellence fund" designed to give local ad- in this legislative wrap-up are the result ministrators more of a voice in how state of the combined efforts of Joe Holley, money was spent in their districts. He Geoff Rips, and Kay Gunderson. Photos also let it be known that the state would by Alan Pogue. Mark White need a tax increase. Hobby's proposals, sponsored by state Sen. Grant Jones of "We understand that some people are Abilene, sailed through the Senate only saying it's going to take a tax bill, a to bog down in the reactionary slough of revenue bill to pay for any changes in the House. "The relationship between educational funding," COPS president Hobby and Lewis was not as good as it Sonia Hernandez told Hobby, White, could have been," an aide to Hobby told Lewis, and the assembled crowd. (This the Observer. was before Comptroller Bob Bullock "Grant Jones could have done a bet- began his periodic budget revisions.) "A ter selling job," that same aide noted, but tax bill put onto education will be mak- not even Mark White, persuasive ing education a scapegoat. . . . If salesman that he is, was any more suc- somebody wants a tax bill, then ask the cessful. Always the astute politician, transportation lobby to handle it. Don't White had recognized education as a key put it on education." issue from the day he began his campaign White said yes, he was committed to for the governor's office nearly two years equalization of education and Hobby, ago. Instead of concentrating on the Hobby and Lewis 4 JUNE 24, 1983 LLOYD DOGGETT DEMOCRAT-AUSTIN A master tactician who works harder than almost anyone Observer in the Senate . . . finally had some allies in the Senate .. . Not as visible on the issues as in the past — some say because he had help this session, others say because he was spend- ing a portion of his time campaigning for John Tower's seat All Stars . . . Missed a few committee meetings and occasionally came off the campaign trail exhausted . . . still passed as many bills as ever and missed campaign stops when key vote need- VTV ed . . . still the best in committee hearings . . . supporters say he worked even harder this time to get involved with statewide issues . . . "A pinnacle of integrity," said frequent foe John Montford . . . champion of consumer, labor, and social welfare issues . . . Major accomplishments: passed bills prohibiting armor-piercing ammunition, providing for the administration of federal block grants, preserving cer- tain views of the state capitol, regulating monopolies, requir- ing reporting of prisoner deaths, covering workers compen- sation funeral benefits; carried the fight for regulation of nursing homes, workers' right-to-know about hazardous materials, prevailing wage on public works projects, open meetings and records, teacher retirement funds, election of the PUC and anti-discriminatory employment practices.

TED LYON DEMOCRAT-MESQUITE Smart, ambitious, and willing to take a stand while at the same time managing to work with the lobby . . . Important pieces of legislation included nursing home reform, lowered interest rate ceilings on bank credit cards, agricultural storage bonds, the Texas Wildlife Conservation Act, and ethics reform . . . Relies on an excellent staff that sometimes pushes him to go for more than he might be inclined to do otherwise . . . Probably wants to be attorney general.

Manager of the Year LIEUTENANT GOVERNOR BILL HOBBY Crafty, pugnacious operator . . . Adapted strategy to suit new line-up, which included ten rookies and power to left- and left-center in an arena where the right-field fence has always been a much shorter distance . . . Understated, given to brooding . . . Allowed veterans like Mauzy and Farabee great deal of responsibility in leading less-experienced through committee politics ... Favored down-the-middle plucky Caperton at the expense of power hitter Doggett on PUC reform . . . Good staff . . . Willing to pay more to get more . . . Knows every trick in the book . . . One late-season mistake when he abandoned the book and did not recognize Doggett amendment to cut off Sarpalius filibuster of farm- workers compensation but plans to make amends in post- season play.

THE TEXAS OBSERVER 5 Senate All Stars

employment discrimination; sponsored and passed major Texas Mental Health Code reform legislation (TO 3/25/83).

RAY FARABEE DEMOCRAT-Wichita Falls A well-deserved reputation as one of the KENT CAPERTON few statesmen in the Senate . . . does DEMOCRAT-BRYAN his homework, has good instincts, BOB MCFARLAND A solid member who can accommodate knows how to forge compromises .. . REPUBLICAN-ARLINGTON himself to other people's interests but instrumental in working out PUC Smart, often eloquent, always well willing to stand firm when he has to .. . reforms . . . helped with ethics legisla- prepared . . . played a major role with positioning himself to be another tion and also kept potential feud be- ethics legislation; came up with com- Farabee, but better on the issues .. . tween Edwards and Lyon from heating promise language, for example, that also fits in with the way Hobby operates up . . . represents his conservative cooled down Democratic Party chairman and is himself a potential lieutenant North Texas district well, but always Bob Slagle . . . picks his battles careful- governor . . . Used Sunset Commission gave labor a fair hearing in his State Af- ly . . . willing to listen to the other side experience to carry PUC reform fairs Committee. Major accomplish- . . . plays fair with labor . . . backed package after Hobby removed it from ments: worked to pass an inordinate workers' comp. for farmworkers .. . Doggett's hands . . . labor frustrated number of bills, many on jurisprudence, major accomplishments: legislation to with his voting record this session .. . and several sunset bills; worked for salvage the state's financially strapped Major accomplishment: PUC reform. public utility accountability and against unemployment fund. A Bonehead Award for Sen. Bill Sen. Bill Sarpalius, D-Hereford is bill. During a second filibuster, on the unable for the first time to call in the recipient of this year's Hubris, final night of the session, Sen. Ted votes at will. 0 Hamartia, and Overall Confusion Lyon asked Sarpalius if he realized he Award for not knowing when he has was also killing two agriculture bills won or when he has lost or when pride important to the farmers of Sarpalius' becomes arrogance or when the Farm district. But Sarpalius was too far gone Bureau and the agriculture com- in his plot to avenge his earlier loss to modities lobbies do not have the best recognize this publicly. Rep. Pete Pat- interests of agriculture at heart or terson publicly bemoaned the fact that when steadfastness becomes hard- Sarpalius was the Senate sponsor for headedness or when noble anger his low-interest farm loans bill; it becomes self-destruction. When Sen. meant his bill was dead. Hector Uribe presented Sarpalius with a deal that would have saved his A woman from Sarpalius' district amendment deregulating the trucking after the first filibuster told the of agricultural commodities and would Observer that she thought Sarpalius have meant Sarpalius could then give should be governor. Sarpalius may up his promised filibuster of a farm- have entertained such thoughts but workers compensation bill, Sarpalius now they are all undone in a month in did not understand the situation. He which he alienated labor, the Mexican could not deliver his votes for his own American vote, the small farmer. bill. He had made no effort to hold With all three camps against him, he those votes. So Sarpalius' ag bill lost can never win statewide election. In- and, in retribution, Sarpalius began his stead he clung to the banner of the filibuster that killed the farmworker Farm Bureau, which found itself Sarpalius in filibuster finery. 6 JUNE 24, 1983 Honorable Mention on a bill for AFDC payments; Freight is also in his district .. . cancelled the deal when he thought also hopes to get involved with it was necessary ("You can't education legislation . . . some say measure one bill against another.") he was too cautious this session, too . . . believes his major accomplish- concerned about his political op- ment was killing bills that needed tions . . . perhaps relies too much killing, including Leonard's bill pro- on charm to be all things to all peo- hibiting municipal governments ple . . . after Duncanville was re- from banning guns, a capital murder districted out of Phil Gramm's bill, bills on Texas Youth Council Sixth Congressional District, Ed- jurisdiction, escape from custody, wards said he was ready to settle in admissible evidence, and a constitu- and become the best state senator tional amendment defining indict- he could possibly be. ments and informations. CRAIG WASHINGTON DEMOCRAT-HOUSTON Almost a legend in the House, he pouted his first three months in the Senate, absent a lot tending to his law practice . . . took him a while to realize that his eloquence counted for less in the clubby atmosphere of the Senate than it did in the House . . . possibly the best legal mind in the Senate as shown in Jurisprudence Committee and floor debate . . . an Aristotelian sense of tragedy, good and evil seems to come over him HECTOR URIBE when he steps away from the action DEMOCRAT-BROWNSVILLE . . . regarded Hobby's not calling Was Senate's most effective for Doggett's amendment to kill Sar- CHET EDWARDS minority member this session .. . palius' filibuster on farmworkers' DEMOCRAT-DUNCANVILLE able to represent farmworker in- compensation as "tragic," not Worked hard on ethics legislation terests without alienating the because the farmworker bill died, and stood with the farm workers on establishment . . . patrician air .. . but because Hobby will never have workers' comp., but is considered a feels his district is safe enough that a sense of the Senate, will never hard vote to get on such legislation he can vote his conscience without know whether or not the votes were because the Farm Bureau is head- getting in trouble back home .. . there to kill a filibuster . . . regret- quartered in his district . . . may be ties to South Texas rancher Clin- ted trading his initial vote for a a future point man on trucking ton Manges . . . has Railroad Com- workfare bill for a vote in the House deregulation, even though Central mission ambitions . . . ❑ Water Plan Comes Up Dry The sad fate of this session's water surprise this session — had helped Hob- he pushed through for himself early in the plan resembles the fate of the education by formulate the plan. Craddick killed it session, but he has no inclination to do package. Hobby pulled it together only by reporting individual bills out of his so since he needs to hold House to have Lewis' boys kill it. Rep. Tom committee instead of the whole package. Republicans in his corner to assure himself another term as speaker. Lewis Craddick, the Republican from Midland Gib Lewis could have pressured Crad- who chairs the House Natural Resources could also assign the package to the State dick, but Lewis was none too enthusiastic Affairs Committee if he were so inclin- Committee, has close ties to the river about the plan either, particularly since authorities and felt parts of the package ed. It's more likely the water plan will it was known as Hobby's plan. The be delayed two years while it undergoes threatened local control. His opposition lieutenent governor apparently had not degenerated into a partisan personality a re-write, this time with House sought House help on the matter and had involvement. clash when state Sen. John Montford, the not lined up House sponsors for the in- freshman from Lubbock, blocked the ap- dividual bills. One other factor contributed to the pointment of Ernie Angelo, a former water plan's defeat: the opposition of mayor of Midland, to the college coor- The plan could be a special session former Speaker Bill Clayton. "You really dinating board. (He had been appointed issue, but supporters are reluctant to seek think Clayton was going to allow a water by Gov. Clements.) Montford — whose that, mainly because Tom Craddick still plan to get through this session after his quick wit and relatively moderate views, chairs Natural Resources. Lewis, of plan failed?" a supporter asked by the way, turned out to be a pleasant course, could replace him, using the rules rhetorically. ❑ THE TEXAS OBSERVER 7 Senators We Could Do Without

GLENN KOTHMANN DEMOCRAT-SAN ANTONIO Carries billfold and glasses in his boot.

ED HOWARD DEMOCRAT-TEXARKANA The Senate version of Rep. Bill Messer . . . what's good for business is good for Texas — believes in free enterprise Senate Awards unless it means competition for big business . . . voted against sending for his response to Craig Washington Clements appointments back to White The Emperor Jones . . . tried to cut back Agriculture and during a heated debate on the Senate Land Commission budgets . . . bucked A washer-dryer and the Queen-for-a- floor related to the investment of state Farabee on prison reform . . . a skillful Day Award to Senate Finance Chair- funds in companies doing business with legislator who held his votes solid man Grant Jones, who, in the middle South Africa. "I can't make you which was hard to do with so many of the budget crisis, mounted a understand because you weren't born freshmen. Governor for a Day ceremony for black," Washington told Leedom, himself, complete with full-color "but I'll try." He then offered a brief brochure of the First Family for a history of the colonization of Africa by Day, from upwards of $40,000 raised Europeans and a view of the current by auto dealer lobbyist Gene Fondren conditions under apartheid in South and real estate lobbyist Tommy Africa. Leedom, forgetting who con- Townsend. While Jones did not feel stituted the minority in South Africa, compelled to report contributions or responded with "You talk about being expenditures for the event, he was so a minority — you should have been a impressed by the reporting loophole Republican in this state twenty years that he sponsored and passed a bill re- ago." quiring all future Governors for a Day to do so. Glasgow Low Blow The Earl Butz Good-Taste Award for Leedom Left Out Pithy Metaphor to Bob Glasgow (D- Stephenville) for the following obser- To John Leedom, the Republican from vation during debate on the Senate Dallas with a penchant for talking floor: "He has more rural counties in when he should be listening, the John his district than a fat girl has pimples Jones likes Texas ties. Howard Griffin Black Like Me award on her back." ❑ 8 JUNE 24, 1983

141,4944.44., ”4:41,?*4-4' `At , 4 "444, , -4. •.,40,6w. •^,, 4+ • ,4414-,01,4,_ Bright Spots in the House 4 4 1 N A SESSION like this," a nuances of bills that placed additional representative told the burdens on the poor. Observer, "it may not make Gonzalo Barrientos and Ron sense to judge effectiveness by the Wilson — As chairmen of the Mexican number of bills passed. The most im- American and Black caucuses, they pro- portant people may have been the ones vided the most consistent opposition to who didn't let anything get by without a the regressive tendencies of the House fight so that we can start from that point leadership. next session." Lee Jackson — Honest as the day is Among the veterans who carried the long. Republican legislator from Dallas good fight were: who lived out of a box, pushed ethics reform, and helped round up votes for Ed Watson — who passed more farmworker compensation bill. labor legislation than any other rep. Wilhelmina Delco Al Price — who - had eight pro- Wilhelmina Delco (D-Austin) — consumer bills reported favorably from Passed a bill opening a portion of the committees (including bills on credit- Permanent University Fund, formerly card protection, the use of libraries by reserved for the University of Texas and the blind, energy and housing assistance Texas A&M, to other state-supported for the poor, education fees, and an in- colleges and universities, thereby pro- terim study of Texas hunger) only to die viding the means for reducing the in the Calendars Committee while four disparity in educational funding and other bills were scheduled for floor ac- facilities among those institutions. tion but never called; repeatedly Dedicated and forthright leader in a challenged anti-consumer, anti- campaign that began long before the environmental, and discriminatory bills session began and ended not long before on the floor and was attuned to the Ed Watson the session was over.

TEXAS — LIVING WITH CHEMICALS ."The Pesticide Project has been indispensable to our efforts to ad- one-half of all the chemicals manufactured in dress the toxic chemical problems confronting this state. The v Texas produces almost Center deserves all of our support to expand its impressive work. " the United States. SEN. LLOYD DOGGETT, Senate sponsor v Texas' chemical industry accounts for 400,000 jobs and up to 4 million of the chemical "right to know" bill metric tons of industrial (mainly hazardous) waste each year—equal "The toxic chemical crisis facing Texas is only beginning to surface. to 635 pounds for every person in the state. The Center's work will be crucial to the success of battles fought in v 150 to 450 million pounds of pesticides alone are used in Texas an- every workplace and community in Texas." nually—equivalent to 10-30 pounds per person. SAM DAWSON, United Steelworkers, District 37 60%-80% of the pesticides on the U.S. market have not been ade- "Farmers and environmentalists have more in common than they quately tested to determine their potential to cause cancer and birth let on. We're looking to the Center to help forge a common front to bring the Texas chemical crisis under control." defects; 90% lack sufficient genetic mutation tests. MONICA WALDEN, Vice Chairperson Lone Star Sierra Club WHAT DO THESE NUMBERS MEAN FOR TEXANS? "By keeping the Texas Pesticide Project working, we'll have a coali- tion of farmers, farm workers, trade unionists and environmen- Pesticide poisonings in the Valley, Abilene and East Texas forests; talists capable of resolving some of Texas' most serious public cancers in Houston and the Golden Triangle; lead poisonings in Dallas and health problems." ROMAN MARTINEZ, House sponsor El Paso; West Texas ground water contamination; toxic spills in San An- of Pesticide Victim Recovery Bill tonio; skin rashes in Deer Park; computer industry spills in Austin.

TEXANS DESERVE A BETTER LIFE! Its time for Texans to join forces to solve the critical problems caused by production and use of toxic chemicals. The TEXAS CENTER FOR RURAL TEXAS CENTER FOR RURAL STUDIES STUDIES (TCRS) was founded to help the growing coalition of workers, Box 2618 • Austin, Texas 78768 consumers, farm workers, farmers and environmentalists to confront Texans deserve a better life! Here's my tax- the health, environmental and economic issues affecting their lives. deductible gift of Li $10 Li S25 Li S50 L3 5100 LI 5500 or more Pesticides and toxic chemicals are our first priority. Our Texas Pesticide Li In exchange, send me a free subscription to the Project has focused public attention on Texas' pesticide dilemma. TCRS is Texas Pesticide Watch. (Subscription only: S6 in- working with people all over Texas to solve local problems with dividuals, 510 non-profit; S25 others) pesticides and other toxics—through public education, research, and community organizing. Name Please join us in this effort. Contributions are tax-deductible and your Address participation is invaluable. Contributors receive a free annual subscrip- Phone ( tion to TCRS's quarterly Texas Pesticide Watch.

THE TEXAS OBSERVER 9 Dark Holes Among those who should not be returned: Fred Agnich and Tom Craddick — Republican members of the James Watt campaign for environmental destruc- tion. As chairman of Environmental Af- fairs Committee, Agnich spent most of his time telling dirty jokes to Vice Chair Debra Danburg or winking and waving to the Chemical Council's Harry Whit- worth and other industry representatives at committee hearings. Natural Resour- ces Chairman Craddick killed the com- prehensive Texas Water Plan largely because he feared parts of that plan would take authority from his friends on the Guadalupe and Comal River Authorities. Determined to kill water plan sponsored by Sen. John Montford

in retaliation for Montford's vote O against Clements' appointment fo Ernie Angelo to the Texas College and University System Coordinating Board. Barton and Carriker look for an opening. Edmund Kuempel (R - Seguin),

Robert Saunders (D - LaGrange), Alex Short (D-Texarkana) — As members of the Labor and Employment Relations Committee, paid no attention to Hope for the Future consumers. testimony, laughed, joked, smoked The brightest spots in the House were Larry Evans (D-Houston) — led the cigars, and voted against labor every provided by the glimmers of hope for fight for increase in AFDC benefits, time. future sessions emanating from several doggedly working out budget alter- freshman representatives. Standouts Disappointments: natives and legislative compromises in among the freshmen were: achieving the only major change in the Larry Don Shaw (D-Big Spring) — Steven Carricker (D - Roby) — From appropriations bill. In the process, who is said to have statewide ambitions all corners comes the word that Car- developed persuasive speaking style and and did not do much to alienate anyone ricker holds great promise for the some mastery of the legislative ropes. except vote against farmworkers' com- future. As a freshman, was probably pensation on second reading. Al Granoff (D-Dallas) — Pro- more cautious than he wanted to be, but gressive. Good speaker. Understands Steve Wolens (D-Dallas) — good carried his agricultural storage bill ex- the issues. Speaks best when chal- speaker and rare House live-wire who pertly. High marks from labor and lenged. this year co-sponsored auto dealer bill agriculture. "Understands the big pic- allowing dealers to markedly increase ture." Smart, savvy, leadership Alex Moreno (D-Edinburg) — credit life insurance charges. potential. Pragmatic politician. Smart operator. Debra Danburg (D - Houston) — Bob Barton (D-Buda) — Called by The ins-and-outs of Valley politics usually good on civil liberties issues but one public interest lobbyist "a depen- prepared him for the legislature. Knows this session also good to real estate and dable old horse who instinctively knows how to play tough. auto industries, voting against Rep. the right thing to do," Barton, as a Jesse Oliver (D-Dallas) — Lobbyists Clint Hackney's amendment strengthen- seasoned journalist and political for all sides say he is a comer. Knows ing "lemon law" auto bill and against observer, was not afraid to spar with the how to play the legislature. Passed bill bill regulating foreign ownership of House leadership, usually on behalf of preventing discrimination by justices of Texas farmland. family farmers, workers, and the peace.

Autographed copies of A SMILE FROM KATIE HATTAN Ronnie Dugger: "Heard's accounts of the Bees in hiding are the pure gold & OTHER NATURAL WONDERS by Leon Hale of real history. " Bryan Woolley (Dallas Times WATSON & COMPANY Name Herald): "It ought to be right beside Address the Alamo books." BOOKS "The Miracle of the KILLER BEES: 12 Senators Who Changed 604 BLANCO STREET MC/VISA # AUSTIN, TEXAS 78703 Texas Politics" (512) 472-4190 Exp. Date by Robert Heard Honey Hill Publishing Co. $16.15 per copy, including postage, tax and handling 1022 Bonham Terrace, Austin, Texas 78704 $7.95 plus $1.03 tax and shipping

10 JUNE 24, 1983 in the future if he can survive his own shrewdness. The T. K. Jones Give Them a House Awards Shovel and a Spot in the Country The Marlin Perkins Stariled Award to Tom DeLay (R-Stafford), Where They Can Dig Their Own Macaw Award for the most pierc- who, in floor debate on a bill pro- Hole and They'll Be Safe from ing laugh on the floor of the viding for life imprisonment without Nuclear Holocaust Award to Bill House to Betty Denton, D-Waco. probation as an alternative sentence Hollowell (D-Grand Saline), who in a first-degree murder case, said sponsored a bill providing for the the bill was "part of an insidious plot replacement of legislators in the by people like John Duncan of the event of nuclear war, claiming, ACLU to do away with the death "Texas will remain free and penalty. " America will remain free." Despite The Roger Baldwin Fairness to the fact that Houston, San Antonio, All Sides Even If You're From East El Paso, and Dallas-Fort Worth will Texas Award to Billy Clemons (D- no longer exist, they will be Pollok), who responded to DeLay's represented in the legislature. "This statement by saying, "If the ACLU is a resolution whose time has is for it, I'm against it." Clemons, it passed," argued Sen. Lloyd Doggett must be said, did nobly take on the when the bill came up in the Senate. oil and real estate industries with "This measure . . . should have bills aimed at mineral rights and been considered on April Fool's foreign ownership but became Day. . . . Imagine the horrors of a disillusioned when he realized that Legislature convening without the The Prince of Darkness Head Up Quorum, without Scholz's, but to Rep. Bill the legislature does not operate as a His Award pure democracy. "He may be a true worst of all a Legislature without Ceverha (R-Dallas), who opposed the lobby. . . . The impact of on points of order or out of plain populist," said one lobbyist, "but he has the potential to be another Sar- legislators making up their own mean-spiritedness all bills or minds without help from the lobby amendments to bills that palius. He doesn't recognize when something can't be done." could be severe since there would benefited the poor, improved be so few people left to share this social services, or bespoke a sense The Boss Hogg Official Good 01' burden, after most of the state's of social justice; who cackled Boy and Nobody's Fool at a Young population centers had been loudly when social service bills Age Award to freshman Mark Stiles vaporized." died; who produced the most sex- (D-Beaumont), who told the Austin ually explicit literature ever to American Statesman, "Gib Lewis The Agamemnon Sacrifice-Your- appear in the House Journal, in a represents to me everything that is Family Award to Joe Gamez (D-San bill designed to outlaw homosex- good about Texas politics. He's got Antonio), who, when apprehended ual conduct and other "deviate" a wife and kids; he goes to church. for DWI following an accident, tried sexual behavior, which described He will shoot duck with you. He to convince witnesses and police that the penetration of one person by started in tidness' for himself." In his wife had been driving. Gamez another "with any portion of the a later Statesman interview he said, later hid in a Capitol bathroom to body (including, by way of exam- "I have not been disappointed by the escape sentencing but finally spent ple and not in limitation, a finger, lobby. Nobody's lied to me yet. If a night in the Bexar County jail. hand or foot)." I want information about something, The St. Simeon Stylites Asceticism "Until he was 24-years-old, Bill believe me, they cooperate." Stiles Award to Lee Jackson (R-Dallas), Ceverha thought bisexual meant campaigned as a liberal and served who argued against using campaign doing it twice a year," said State as a Gib Lewis company man. He contributions in an officeholder ac- Sen. Carl Parker, D-Port Arthur. tries to be all things to all people and count, saying he lived in a student apparently is smarter than enough of apartment, slept on a borrowed bed, The Joe McCarthy/Roy Cohn those people to fool some of them had no chest of drawers, and kept his There's One Behind Every Bush most of the time. May be a leader clothes in a box. ginns' COPYING SERVIC E . Copying • Binding Printing •Color Copying Graphics •Word Processing

Austin • Lubbock • Son Marcos Ceverha enjoys joke with male colleagues. THE TEXAS OBSERVER 11 Lewis, who was delaying these assignments until after the second pledges were in. They were right. Lewis spent the first months of the ses- Lewis and Co. Protect sion shoring up the support of the Republican bloc in the House. He ap- pointed Republicans Fred Agnich and the Status Quo Tom Craddick to head the committees on Environmental Affairs and Natural Resources and Republicans "If John Bryant had been there, it George volving farmworkers and Aid to Families Pierce and Brad Wright to chair the would have been different." with Dependent Children (AFDC). It Public Health and Urban Affairs Com- —a public interest lobbyist could count on some 25 solid votes on mittees. More important, however, were these issues as well as another 10 votes his appointments of conservative Stan from the black caucus. But, in order to Schlueter to head the Ways and Means ERHAPS the single most be able to establish itself as a force to be Committee and Bill Messer to chair the significant feature of the 68th reckoned with on every major issue, the Calendars Committee. Messer was to be p Session of the Texas House of caucus has to be able to call upon at least the only Democrat voting with the Representatives was the lack of organiz- 50 solid votes. In the 68th Legislature, Republicans in the House against Sen. ed opposition of any kind to House the Mexican American Caucus did not Oscar Mauzy's redistricting plan. Speaker Gib Lewis and the other two have that kind of power. members of his Central Texas troika, For the business lobbies, attempting to Calendars Committee Chair Bill Messer, regroup after losing heavily in the 1982 Speaker Gib Lewis elections for statewide and legislative of- D-Belton, and Ways and Means Chair Gib Lewis had assumed the office of Stan Schlueter, D-Killeen. There were fices, Lewis' decision not to suspend the Speaker by cashing in the 141 votes rule preventing floor action on a bill dur- no Dirty Thirty or Gang of Four, as had pledged to him. These pledges had been been formed in opposition to the rule of ing the first 60 days of the session was former Speakers Mutscher and Clayton. garnered by a committee of business lob- a boon. This gave the lobbies time to byists, who spent the fall of 1982 inter- There was no single leader to rally the mend fences with representatives they viewing legislators in an effort to "en- more inexperienced or fainthearted to had either opposed or not supported. It courage" their support for Lewis. Lewis, confront the often high-handed methods also placed greater emphasis on the work called by one public interest lobbyist "the and business-lobby orientation of the of the committees, appointed by Lewis, House leadership. most dangerous public official in the and their consideration of bills referred state," worked to justify the business lob- to them. While most bills were assigned One reason for the lack of progressive by's faith in him, telling the Texas by the Speaker to committees in the order leadership was the loss of potential Association of Business, "What's good in which they were filed, important en- leaders like Craig Washington and Ted for business is good for Texas. And I vironmental and labor bills were held up Lyon, both of whom joined the state think that's good, and I think that's why by Lewis until special interest pressure senate, and John Bryant, who had led you see that we're one of the few states forced their assignment. previous insurgent movements but was in this nation that does not have a cor- elected to Congress in 1982. More im- "The committees did a lot of work this porate profits tax. . . . We're one of the year," a business lobbyist told the portant was the fact that 45 of the 150 few states in this nation that maintains a representatives were new, swept into of- Observer. "That means," a labor lob- right-to-work law." Shades of Calvin byist explained, "that the controversial fice by the election that transformed the Coolidge. state's executive posts. It was the largest bills got bottled up in committee and legislative turnover in the decade since Upon assuming the speakership, Lewis never reached the floor. " The lobbyist Sharpstown. Freshman legislators tradi- immediately distributed pledge cards, said that, consequently, there had been seeking support for his serving a second fewer record votes on the House floor tionally spend the session learning the term in 1985. Only rules and the ropes, sponsoring a couple Carlyle Smith, D- than at any other time he could Grand Prairie, and of minor bills to show the home folks, Paul Ragsdale, D- remember. and being careful not to antagonize the Dallas, protested vociferously against this Another lobbyist said that there had powers of the House. With a few excep- tactic, and each predicted that he would been strange voting patterns this year tions, it was not much different this ses- receive poor committee assignments from both on the floor and in committees. A sion. Midway through the session, freshman Rep. Bob Barton, D-Buda, wondered aloud to the Observer whether he and other freshmen, such as Steve Carriker from Roby, should try to organize a base for action on bills and issues they considered important or whether they were simply naive about the politics of the House and should wait for the leadership on these issues to emerge from the Governor's office or from veteran legislators. The 31 member Mexican American Legislative Caucus, led by Rep. Gonzalo Barrientos of Austin, provided a signifi- cant voting bloc on several key votes in- Good guys: Reps. Hinojosa, Barrientos, Sen. Doggett, Rep. Ragsdale (I. to r.). 12 JUNE 24, 1983 bill mandating protective clothing for fire resolution. In this fashion, the Calendars by Larry Evans, D-Houston, which in- fighters, which had been defeated in bit- Committee, in effect, did the voting for creased AFDC funding by $5 per child ter fights the three previous sessions, the entire House. The committee, and reduced several state building ap- passed on the floor with a voice vote this however, is not representative of the propriations . It provided one of the few session. Conservative Bob Leonard, R- make-up of the House as a whole. There spirited fights of the entire session. Fort Worth, several times provided the are no women, blacks, or Mexican key vote on the Labor and Employment Americans on the committee. The closest Protecting the Status Quo Relations Committee that sent labor- thing to a committee liberal, Gene Green In April, Lewis re-emerged from the sponsored bills on to the Calendars Com- of Houston, repeatedly disappointed woodwork with the help of former mittee. He probably did so at the request labor by not seeing that certain labor bills Clements' campaigner Buddy Jones, of Lewis, who found it politic not to shun reached the floor. Even if members of the whom Lewis had brought in to reorganize the labor vote entirely. Calendars Committee disagreed with his staff. As the session waned, Lewis Lewis was able to structure the posi- Messer on certain bills, they did not often became more adamant in his refusal to tion of speaker so that, on paper, he had confront him for fear of losing their own consider a tax increase needed for teacher accrued more power than had most of his bills in the committee. "Calendars was pay raises, education equalization aid, predecessors. It was this structure of the one committee that you could never state employee pay increases, or adequate power that carried Lewis through the ses- read about on the legislative computer," AFDC funding. His clout was most in sion. Among the powers he assumed was a House aide told the Observer. "A bill evidence during his successful efforts to the power to remove committee chairs goes in there and you never hear of it kill a major trucking deregulation bill. during the session as he saw fit. This again. You don't know what order the As the session drew to a close, the seemed to be the leverage he used with bills are in for consideration so you don't power of Messer's Calendars Commit- Bill Messer when Messer threatened not know if bills the committee kicks out on tee increased geometrically. By delaying to allow the Congressional redistricting the floor came before or after your bill." the placement of bills on the House calen- bill out of Calendars Committee and on There are those who question Messer's dar for the final days, Messer insured the to the floor. Lewis pushed for the crea- accuracy or honesty in his determination death of those bills. Among them was tion of an ethics committee in the House of what bills would pass. This session Sen. Lloyd Doggett's bill to regulate nur- to work with Travis County District At- organized labor focused its attention on sing homes. When Doggett saw his bill torney Ronnie Earle on cases of House two bills — one establishing an appeals had no chance of reaching the House members who had not necessarily acted process under the prevailing wage law floor he agreed to combine it with a much illegally but were accused of acting and the other providing for a voluntary weaker bill by Rep. James Hury, D- unethically. While some legislators check-off for union dues. Messer and Galveston. Even so, the bill was placed feared the committee would be used to Lewis told labor lobbyists they would at the end of the calendar and never had discredit Lewis' opponents, the most have to be shown the votes for passage a chance for a floor hearing. The same significant action taken by the commit- before they would let the bills out of the was true of a bill by Sen. Ray Farabee tee was its whitewash in the final week Calendars Committee and on to the which prohibited employment of the session of Lewis' failure to report House floor for a vote. Labor went to discrimination. "The Calendars Commit- financial connections to liquor and horse- Lewis with a tally showing 84 votes in tee put that bill even below my bills that racing interests. favor of the prevailing wage bill. Lewis they want to kill," said Doggett, in ex- then promised to get the bill through plaining his amendment to the Texas Messer Steps In Calendars, but he was never able to do Employment Commission bill that pro- The revelation early in the session of so. When labor showed up with 86 votes vided for a Human Rights Commission. Lewis' association with these interests promised for the voluntary check-off, Doggett's amendment was not accepted had nearly been his undoing as speaker Lewis, Lt. Gov. Hobby, and Gov. White by the House and led to the killing of the and caused him for several months to all promised to see that the bill would bill renewing the TEC. assume a low profile. This opened the have its day. Again, Messer's commit- In the end, the House did what it was way for Ways and Means Chair Schlueter tee refused to let the bill out for con- designed to do best — protect the status and Calendars Chair Messer, both men- sideration. Such incidents fueled specula- quo. It was the House that prevented any tioned as possible future speakers, to tion that, between Messer and Lewis, tax increase and, consequently, any ad- command larger roles in the affairs of the Messer held the upper hand. ditional funding for teachers, education, House. With Lewis keeping to the And the heavy weight of Messer's or state employees. It was from the shadows as the 60-day period prohibiting hand continued to be felt throughout the House that the real push came for several voting ended, Bill Messer stepped for- session. In consideration of the omnibus anti-consumer bills that passed. These in- ward to fill the vacuum. As chairman of appropriations bill for the session, cluded Bill Messer's bill compensating the Calendars Committee, he was able to Messer's committee reported the bill out control which legislation coming out of with the stipulation that any amendment .,,kb and Associates committees reached the floor. In deter- to the bill offered on the floor that pro- 502 W. 15th Street Austin, Texas 78701 mining what is allowed to reach the posed an increase in funding in one area REALTOR must be accompanied by a proposal Cn Representing all types of properties House floor for consideration, Messer in Austin and Central Texas told a reporter, the committee decides deducting a like amount from another Interesting & unusual property a specialty what bills have a chance for passage. area. The rule was imposed in order to 4773651 Those bills that the committee believes make impossible any consideration of a will not pass, it does not schedule for the tax increase, as was being recommend- the legendary calendar for House action. Messer told ed by the Senate leadership and opposed Rep. Wilhelmina Delco, D-Austin, that by Lewis and company. It pitted special they could not send her resolution sup- interest groups against one another. In the RAW DEAL porting representation for Washington, end, the only major increase in funding Steaks, Chops, Chicken D.C. , to the floor unless she gave them over the proposals in the House Ap- open lunch and evenings a tally showing enough votes to carry the propriations bill came in an amendment 605 Sabine, Austin No Reservations THE TEXAS OBSERVER 13 outdoor advertisers for the removal of ing a bill pushed by the auto dealer's lob- Calendars Committee methods. Gerald signs based upon the loss of projected by which increased the rate dealers could Hill, D-Austin, meanwhile became a value (later vetoed by Mark White) and charge for credit life insurance. favorite to succeed Lewis, largely by vir- his bill exempting smaller corporations At session's end, Gib Lewis had, to tue of his moderating influence and abili- from the protection of the Deceptive everyone's surprise, regained some ty to work with all constituencies. Trade Practices Act when dealing with degree of power and appeared to be an The House session closed with Rep. larger corporations. It also included the even shot to repeat as speaker in 1985. Jim Rudd of Brownfield delivering a passage of a "lemon law" that allowed Two of the more prominent candidates scathing attack in helping to defeat a bill auto dealers to judge dealer responsibility to succeed Lewis — Messer and by Sen. Craig Washington and Rep. in the case of a defective auto. This bill Schlueter — may have lost a little ground Frank Tejeda that would provide money was the auto dealer lobby's answer to a in a future speaker's race — Schlueter for for legal services for the poor from in- strong dealer liability bill sponsored by his thinly-disguised arrogance and terest earned on money in certain escrow Reps. Clint Hackney and Al Price, Messer for his public identification with accounts held by lawyers. It was a mean- which died in committee. The House also the worst impulses of the business lobby spirited way to end a session not noted showed no particular reticence in pass- and for alienating most members with his for its generosity. ❑

provided by the Land Commis- sioner's office. The responsibility for those losses rests squarely on the shoulders of Sarpalius and the Bureau. The Farmer's Union, which represents 10,000 family farms in the state, was not entirely disap- pointed with the session. While he lamented the loss of the ag bond bills and the ag trucking bill, Farmer's Union President Mike Moeller was pleased that they were able to kill bills that would have weakened the Homestead Protec- tion laws. The bills did not get out of committee in either house. At the same time, the issue of farmworker rights may have finally come of age. While a strong bill giving workers cause for legal ac- tion when victimized by pesticide abuse was defeated, a weaker bill by Rep. Rene Oliveira (D- Brownsville) opens the possibility for further action and puts growers This may have been the year that with Sen. Bill Sarpalius may have and applicators on notice that they the Farm Bureau lost its controlling been that senator's undoing. Sar- will have to consider the conse- grip on all matters agricultural. palius' inability to understand the quences of their pesticide use. A This is partly due to the fact that the nuances of Senate politics led him bill providing workers' compensa- legislature is finally beginning to to kill a farmworkers compensation tion for farmworkers passed the reflect the shift in population from bill with two filibusters and thereby House for the first time and had the rural to industrial areas that began insure the deaths of several major votes for passage in the Senate but forty years ago. But, in large part, bills when compromises to save was killed by Sarpalius' eleventh it is due to the fact that the Bureau's both farmers and farmworkers hour filibuster. Backed by labor uncompromising, reactionary rhe- were within reach. While the Farm and the Mexican American Caucus, toric will no longer fly in a Bureau may consider the killing of the bill stands a good chance of legislature that is more sophistic- the farmworker bill a significant passage in a special session. Lt. ated and has larger minority voting victory, the killing of agriculture Gov. Hobby seems to be moving to blocs than in previous years. The low interest loans and trucking have the bill considered in special Farm Bureau sells insurance and deregulation, which came as a session after drawing criticism tires and spends each legislative result of the Sarpalius/Farm Bureau from members of the caucus for not session representing itself as the position, were a much more signifi- recognizing Sen. Lloyd Doggett's voice of American agriculture cant defeat. It is estimated that amendment that could have ended when it is in fact the voice of Texas agriculture lost $34 million Sarpalius' filibuster and saved the American agri-business. This year per year when the legislature failed bill. Ten years of work by the the Bureau lost nearly every key to deregulate the trucking of United Farmworkers and hard bill it was pushing. For the Farm agricultural commodities, lost $25 politicking by lobbyists for the Bureau the chickens may have million in a grain storage bond pro- AFL-CIO and Texas Rural Legal come home to roost. gram, and lost $500 million in low Aid's Farmworker Advocacy Pro- The Bureau's close association interest loans that would have been ject may finally be bearing fruit.0

14 JUNE 24, 1983 An Analysis of Significant Votes

SB 179 — General Appropriations Bill Journal. Most cited the fact that the sioners and which provided strict cam- (Jones/Presnal) budget did not adequately provide for paign finance guidelines, passed easily, The general appropriations bill, education needs but did require an in- 105-39. The bill passed to third reading, drafted by Lt. Gov. Bill Hobby and State crease in local school property taxes. 131-17, and was finally passed on voice Sen. Grant Jones (D-Taylor), had a fair- The Senate refused to concur with all vote. Members Collazo, Craddick, ly easy time on the Senate floor, passing House amendments, but the conference Green, Carlyle Smith, and Uher went by a 28-3 margin. There was much committee report was accepted by both on record as voting in opposition to the debate, however, especially on the issue houses. bill. of education: the three no votes, from the TABLE KEY: TABLE KEY: unusual coalition of Doggett, Lyon, and Senate: A — Passage on third reading, Senate: A — Farabee's motion to table Sarpalius were in protest of the inade- 27-3. Observer votes NAY. quate treatment given teachers. The bill Doggett's amendment, which Senate: B — Adoption of conference would have required six budgets only the 2 % step increase pro- committee report, 23-8, vided by existing Texas law. It also pro- elected commissioners, pass- vides for net increases to all major state Observer votes NAY. ed 19-10. Observer votes agencies, but agencies dealing with health House: A — J. Gibson's motion to table NAY. and education received increases substan- L. Evans amendment to raise House: A — Bomer's motion to table the tially less than those for the Departments the AFDC ceiling to $60 per Gibson amendment calling for of Transportation, Public Safety, and month passed 75-66. Observer three elected commissioners, Corrections. The bill also calls for votes NAY. passed 105-39. Observer votes decreases in the amount of money paid B — Evans' amendment to raise NAY. for teacher retirement and state construc- the AFDC floor to $48 per B — Passage to third reading tion projects. month, passed 83-63. passed 131-17 . Observer votes A motion to suspend the regular order Observer votes AYE. AYE. of business failed when the House made C — Passage on third reading, its first attempt to consider SB 179 on 83-50. Observer votes NAY. second reading. When the bill finally came up, it was considered article by ar-

ticle. A score of amendments were of- HB 593 — Railroad Commission fered to increase school funding, medical (Messer/Howard) research funding and AFDC payments; The bill to continue the Railroad Com- most were quietly tabled. Part of the dif- mission provided one of the liveliest ficulty passing amendments came SB 232 — PUC Reform (Caper- political fights of the session. Because because the rule assigned the bill by the ton/Bomer) sunset legislation does not carry a rule re- Calendars Committee, chaired by Rep. The Sunset legislation to continue the quiring that amendments be germane, it Bill Messer, required that any amend- Public Utilities Commission on which can be a vehicle for all sorts of odds and ments recommending line-item increases Gov. White fought for elected PUC of- ends which couldn't get passed any other be accompanied by specific line-item ficials and lost. In the Senate, Lloyd Dog- way. In the House, Rep. Danburg offered decreases. This assured few changes and gett and Oscar Mauzy offered amend- an amendment which would have the preservation of the final total of $30.8 ments to elect commissioners and pro- deregulated the trucking industry by billion. hibit utilities from contributing large eliminating the permit requirements, but Rep. Larry Evans carried the ball for sums of money to those campaigns. This this was tabled on voice vote on a mo- increasing the ceiling on AFDC battle was lost in the State Affairs Com- tion from Rep. Hackney. Rep. Messer payments to $60 per month, suggesting mittee, chaired by state Sen. Ray offered a major amendment supported by the elimination of a new library at the Farabee, D-Wichita Falls. Farabee had the oil industry which gives Texas College of Osteopathic Medicine, promised that all reforms must be accep- municipalities exclusive original jurisdic- money for Texas Tech Health Sciences table to the utilities. (TO, 5/20/83, tion over gas utility rates; the Railroad Center, new Capitol-area parking, and "Reform Voice Silenced, Utility Lobby Commission would have only appellate also by using the unobligated balances Going Home Happy") Sen. Caperton jurisdiction. Both the amendment and the from the General Purchases budget. The added an amendment which authorizes bill passed on voice vote in the House. amendment was tabled on a motion by the PUC to allow the utilities to pass ris- Sen. Sarpalius attempted to exempt 1 Rep. Jay Gibson. Attempts to put the ing fuel costs on to consumers as long as from regulation agricultural trucking of ceiling at $57 also failed; House members hearings have been held. The bill passed materials from the site of production to finally agreed to sacrifice the new park- on voice vote. the first processing plant but he fared no ing and general purchases money for a The battle was similar in the House, better than Danburg. After Sarpalius of- $5 per month increase, raising the ceil- with members Bruce Gibson and Paul fered his amendment, Sen. Doggett of- 1 ing to $48 per month. Moreno offering amendments to elect fered an amendment to the amendment, The bill finally passed the House, commissioners. The motion to table which would have required a trucker who 83-50, with several members entering Gibson's amendment, which would has an agriculture permit to transport on- reasons for their no votes into the House have required thre elected commis- (Continued on Page 18)

THE TEXAS OBSERVER 15 •CC >- •xC

0.1 03 •>- 04 . z

Cft

<2 *V* 00 z rkg

u • CO >- 411 .1C

17) LU CIO T- CCI

•

1 6 JUNE 24, 1983 , • Montt° * * * * * lialt•Ti.::•:••, ,,. : •••' ' :::' ',:,••• ,..',•••. :: ••:. ••••• : •::',.]-•:•:,.:: :•.:....:-.:: •:::::•:.„*.::! aaMa:1:: atAER: 'i.i t P :i.ea::tt :::::::::::.::::=::•;:iz:w " , ' , .., w ,:.,..,w •,,,,, / / 4.,./ •• , Hall W. * * * * * * A * * Atiikiri WAVAIWY,'. .4'"WV14/WPW,Atkr~j9;,/f: >013X2'00fficarkfdl:ffrAM, Parmer * * * * * .. *.„ .... * * * * A .› % r4.6.010.T.. ...:. r.:1;€744 .'2'.4:`j:. :.,...11N.P1 :0=4.S.- ..''..0•, '',...i.'. .'•:.:411.!:, -,...::: • ...... ••••, ,,, .:.--5,,. k, ”../.v.., 4.,„,:k...... -.„,..-../. 7. ..."9„..wz " ,-../-4. ./w. • - ;"",,,,4• /7 , . .' ...... ,'"' 7,-,.."--„;..,W, ,,--*„ ,/ 0,;..4... "4., 49.40.:, loom Hanna * * * . ...'4i f -:, AV,' A •-•.,,,,,K,,,, wwww.;,-i,...;,:o,:• :'• xsig,A.,'-•, aulius * * * A A * -.: • kiacri.son • m•ii.:16:ft/ ••,.::' :''.v:' '...!.,,'!, 0.,. ..4'A>,n..21,:f ,,g,.. ' ''.rr ..- :73 'A::k .,o..1.,e :"•wo::::,,, • 4 l...y*Oy.` .....;.. M:f.,p',.,'p ';,. ..v,..".., ",/: ",4# Sarp M4.•:•tsk:::•: .g.:.'r..<6..:;.:' 'Iiiktz..,,,, 4 A:,(egVia . ' Irlifirdr;:. ./`."10P,WAy, ., KOV .,00107 ., rpop.. -wplitm- om Harrison D. * * * P i iiipwwfwaemefea.,,y, e wi/áwof4 .-.,, :0 ,. • ,..0 , :m .4.1> . .. .. •-•. e a:-;3...f.,.:1:A- i.,e .,x4a...ze. d .., '..4-4,.' ,,,*.k.. .. ,,. o ,.. ..f.po ,A5.5 ,, ' , , ms . • sims * • ulk*...... :21:MOrillina NialiVI.ONNOm.4 452.".?.1.01110.5211E M.. fat WA w mm,-,,,- Hemandez * * * * * * *. . * * ..* P . * * ,:mwwwwwww„),-pwwwv...... r...-, -4..,„ A.0./.•••,:•,/,•mmr. „.„... .w.,...,_,„:„,-..wxy.w,-,....r.. .., . .„ . 4,•„..: ...... ? * * * * A W/ar.. .-.. .01i, .. :;f51.11e.;':.. :dtterbii:"...:;,: ;.:Iii0 ...'.1Wkilt W'Z'•,':An Tro.ua.,,,n,, * NOW.thieitreriMMA: ACWW ,,,,vaigVM ';,,,e',.• AV' .'.=ef,,,:, .... .P7VWV‘•5',P., ...";:', ;wit': -, ,,,, vffi,,w2.„-/: . ,`,I.., Hilbert *. * .. .. . :twwwwmo,moW,,....: . ..:,':.• ..„:&,,*<...A r,..,/•44 . z „,., , • ... , , 4/ Z ,.W eimK, ;.i,X ...• '.!' , ,' ..,,, . ... . Affrirwestioro.,...... v,wriewz Vale * * * * * * * :vA,-, .F4,f;47;:;4vAisp.i.4,-c:I. T2figirox • ..... • ..,,A, 4 , -, 0. w.,4 4FswarAy4, 7, / 4 Hill G. * * ,. * * . * * * * * * .w.. talliffilerf. ilsW ;::: 1410141•111k),...gAr....„: :.A .„,,. . ..,.. : -.4, - • •,,,. -..., - - . - -- , ,....: • A, ,' ;;;. .:; '. ".. .* 0.: 1''.,,, .4:: ,•:,:wovoArr„,.)., :,;,,,,,s,4' :. A * * * * NIINWSKAIM2M110111.0fileeir,4* ;x4'.j. wr;,:, ,,• ?..;,,... .. ,,,,, 3;,,,-'5;mi .,w,,,, iaL• .. ,- 41AV Whitmire * * Hinojosa * * * * * * * * * * * OW0441,NIE 1.WE VAM11110WigreeriflitHriffiratirjr2114t i - iI % ?. MEM it :;:}• >''.:7'i 001.00,;e::fArdittfain14%: :4.1#0101.71: .";;V;;A4,"•- i.'.4.:;,. .?„ f'21#,V40t:, ::417.' ii=9114 Horn * * * * * — The Observer agrees with this vote. . ataira.WESSWittfintrig;.:AtiliPakri.::P.!'::r::INP!'. .Afit&Meli:#.7.41Nan Hudson S. * * * * * * * * * * A P — Present, not voting nfrg.,,,,,,,.5.,...areivr:R,V1,. i4,,'. ...•,?? ,T. :.,..K"., '4.. ,,,4,%3W, -72:Z.WW.j. ....tr- .,,6 „tey v?...t; .7z A $,' N.r "F • ' ,.; 0„;.4.. . H.R. M.02,4 Fartri Lripez-0,, ''' - - "rimer...1W .: ,/ .. ,..4 " . ,... , . VW•' • '...W.m. - . 7:...-,".".;2'...M.::::...4.o:07.raf .<",' .. ..,- o.;•• .''' ::. ,. s /5 . •-•%.%•.0.,; .4W.'. i, ... 4 e ^. ..%. wx-,....0.::1:,-;:-..:::::m2 A — Absent Jackson L. * * * * * * * * * &•;: ifrW, in '; 4 i'1 - ,... : •A ".:PS 4,.."..- . „- ,,, .. ,: v.A;.,,,,,,, T.,:.‘.4.,. 0.go 6:.„0 ;-0410kalAvew• .,••••eVA 416.,10t1044.Pii.10.*:;.„•„„::1:: . ..,...., ...• ...... - • ,....• .. . . 4,- .•,.,,.. ..4:.:..• :,••5• '., .. , .. :• -•,..-- -9. . . `c,..5,' .9oer ' 4 ,.. ., .::...... ke4, . Keller * * A * wiroscrearwamowyrolp::•1.,.F,, ,--,,or-ri , fsv.. .z • y...;,,... .,.„...,:„,. ;... •,„ .:..,.....„,,,,,o..,...... ,-..y ....,„r:...,., Pf# 4r.,.. , . ',:..''• -,'•,"• s.. w, , Khoury * ligiu':',....x-:a:::•`,..4(.?*:04$i llitit.:%."•,:: % 4iNfleie Ann Vflif0 Min :. ..2421;AYM - ,:m.mx,m.3:::::::.: - ": •--",.,,, ,,...w.'),*1m -4-,:. . . ,,, "0 '4 .,,,,0,,,;:,,,,,'.:'', •,...''':„.,„ ''•.,,'x'•'''',?:•••;. "::•--,.. „"",•-40,,.m.';'•,--..„.gm-•.,,,,, 40,,, x0.,,„,,- ,m,,,,, ,,w„ „",.„A.wni.:.:. .: .:...„.:„.„...::: . ...,..„..„ Aitiriffilittr4.'/4 4=1,4 111*INEXISK'.. '..:9.:;;; et.;:dgf ;--..;...",. 6„;...- .,::4C: 2 itirS51 4M., Mr'.. P,S211.01 .,,5„,:.,,.0,1-. /,,,,,,;,,,,,,,,,,,..,..„.,./ ,.. Lee D. *4' ' * * * * * * * * * . . 4.- t-1:-;.114E.WIEW*16FaltiffIM/ ;M:WM'A WW2 terif.li . Leonard * • * * * *• •, voitegiowemos4rA.: :, :... .,4,i,>:. -;,. .,:egi :,•;"/Fip -*23- y7. 7m,o; ';'.::::,;.:'.. . ' ':: ',.../ .::' Luna * * * * * * * * * * - * A A • , ' „:::::::: 0, :• ..:•r),:: :,::::::,:t'•'.:.:'::, PitilithilNITIVONOZN raffitiMitifiAtig NE ?,' . ..„?4* fie.:2?-rl, r.:f,77.10 VIIIii. • . .:,...y.:. -: •• , :o.,::::.,::::::::.•:...., • • • ,..„....„.„:„..,„. .. ,.. :.• Mankins A *AWowo::::-: . . . • • • . „,„. •••-•:. - :•:" .. ,.:•:::, 4:.'i% ..:::- . •: . , : , • ,/,:::,,,,,,,,, • nf.. dantiefiliffilitiEWN ',r'"';Y i:::: w".";; 11•1:".W1ii TSAI :, . ,.., • •' ---".•::::::::::::::: ::.- :::.: : •: : . ,:601a:. ••••:,-: * * Martinez W. * * * * * * * * *. * * * * '._ 'Pvisig.:,::::, tk.trikiirar,ifif.:Nfie.nlfRffi'.' .:', 34nia..: .,,"e.. AVE4:5'; %:.Hi,";4. gelt?„, !.11%".Alvalfj..::.‘ . 4. • . ::::,::,.. • ' *:',.•:. . . :?•44. di-.4.xt0W4•401?.% :',1::•P :..:•.: -• V 41,0044 :,::• ••,„ .::•%(,07 1stat::::ro ,,,::::::. c•;i, McWilliams * * * * A P . * * *.. . „ ."4,,,,,,,,,, .." :: ''''':"" . • . • • •••,...,...... - „. . ..„... • ''',0 '' ..'• , -'4'...x., ..wev., .., •••• .. ., ,. ,.,,,,. ., '>..:',.: :,i, ?:.;::::::%,:,:i 'el" . • •', ...,47,&*?:0,04:::;i:. . : , r4tifi. W..••• 4. / , ..0 -A,::i:' •••',. 2: VNWI, :' /. OA' N., . ff... iem4e?..,-..nt.0, . 4-'- r.:•-,ior , ••• ;.w, • , -Ae• 0.,••, - , vz,.v •p-/••w,• •-• ,,xe . ; iowe,• )i-94i .- „ ,...... ft . /, ,5' .0,.::,V, ... : ., .. ,::, . .: /..1.:,:,,, ,w.,1:4", :.;:- WONT r, * .2. . 1,:,., WUkWligiliryty,r :..,.., ,* ,,,,w,,,,,• ,,, - : .,, ,,,ifiro, ,,,- „:„..i•k„.. 00 ,..,45/ 0.. .-.; • .,,,rai"..0...wip.,-; „..,,,...4w,. . ' ' .:,:;A: . :,*.•',. ,. ", /.. :/•Y:.'610:::::]:00;:'''.4.5VP:,' .. , o1w::. '• • '•:•?:•':0,..,,,-'''''' ,.. •'''' ',::-,•;',," .:-• .-...,:•:,:lia"''' ::::.7.::::.:i4;:.:90•:•/•:• 4:",',4,',:x .0.,-• . . . 4 Moreno P. * * * * * * * * * * * * * * ••:::ett;:'•:::-',.:::: : ', ...... „..:„... :„ .. .. .„ , ..., . .. . . gfirowittaymasitemaarfarMIWII . :.•:::" ww„,.:::::: .„ :...... ,,,.,...,,,,.. . • lig ;17 fig,W '... 9 gE4C1 ':`,0,111:0kIN.,,, .o, :.:;•,,,,,Aft, -.,.. , , :„,,,,,,„).„,•::::AN,:,.: . ... ,,. M.r .').1, ,:04,,,:asol:WoseIto,mol..4.:..„4,..501Att,::4:::•.,, :: : . , .., •,',. •••• • liver * * * * * * * * . * * ,. * * '0'4i.'plAW:- .- \ '''''''' ''"- W,nr. " ' „..:.,..r.';:0,..•,000146:gam:A:M:::*":::4::':: :::z:::W:::.•:::::::::.:,.//. :. :.,..::::..:: ••.:. O * :, . :::,...,.. ,",,::'•P, •..v,,•iiiiiw5i.ft,,A".„...::,.. :m30::::: fi:,";:f0:-:.:*:..,5v.,:iA::.A:44::::::::::::::;::::•,/::: ::;,..:,.:::,..*,,. iffitiairgrafaWIIITAISEWAffirlie. ;FM•'10. *:• • :- tal.Nr.e.4: :if ,W. ' :i 7011.1 .r.olrei,;,„ ,• A'wA•- ••:.::::,14. . .4a. ',: ,. , ,:•,:•:,:.,• :::::,rwo,,,so;,-Avo.:,,, ..:,:.„„,'.:..;,,..;:s.i.::.:...:%",,, ;,,,./..;..; ;;:;.4..; 11 ilit,.„.UW....,..0.:.,..-,, .,,,,...:,.,, ,,,,,..4,.. , M,•:,',,.: ..,i :eMie,..V,V."..%././ . ;, .,, 0. A A ,.A:0•,:' rv.A..";:,-.,,•:, .- ,..-'f. ;'. !!•,"::••••"'". ,';%,,,1-",:: ..e .0,4% ,v...",1,-,:x4f-',..4 r ;.4: •MeM•:',04:MAnc0.%:•%::ai:::%:g PatrickA* * 4.'; < • .. .,,, ',, ,,, 44071,46,,,Ok;%<-$ ';',, IPA MANN ":".::, .0, ' V': "4:: '..', •'':'• ..''''Z: . : g0':. 07,,;,0):::::r%*% :6,f:e.,':•,,i;W:Ileiffo- . ../..: ". rjr;% Kr : 1 I c,: .g.*etet.:;54175,41.Viter,":A*, rikr."1,4 ., 4 •P*r.., .: '' fil8K „ w •-• ,,,,;,.,:,. ::: • t .,,,' .,.W:'- :?.."-'1. :P:0:',.',-....::4, ./., .•:•• .. ••,<", ..,.,t104 . 4::•,./.'WesX40, „ -,-...04 .:,:.... :. ,...4,,..,,,,•:::: :,...../ ...„,..//.. .;,•: :,:-. .:.0 . .wv:::•,:::"?.,:*09/ .,e•. .,,,X, : '...,),, . ,,s:::':v; ,;;,/, ' .';`'.."10 Patterson * * r;v:,,?er.;, ;',1:4.•. 7,,,/,:,,/ -, : ': ''.:•• •• ., ,,w , :,:.,:•,:ow,••„, 4,, -,••...... :-.., , -, ,mv..... 4,,, -.. ,...,,./.." .• ,,„; , „•:„ ,4,'/,,„g.. eg4 „1:,..,;,;oMg 4.,,. ..ez. • ''Iip, , - ". •"('''' . " ' """' '' . ';'''). ;'f 1", ffee lif- ;WreritfarireabiNeWirAnign1 :fe,44Eiir? .W*J.4,113,- P-') 14,V...:. .:.i; o , .• :.:::,..„, xi ,-.74.,,,,,•,.2. .,,..„. .i..., A, „,....„. ,,,„, . .,,,,,,..7.00,4,4," * A * * * A * * v ...... 0,/,•,4%-fex -.0..y,...5w* i •• wvy • 4 ,..v.:<• <,:md.,F4',4: Peveto * , d... ,4„ 10.. 4 ,..:;,,,- . • ",•;;0 :..'7.,9-- ,ifi. ' :W.Sffef :,4 :.„..,,,97.: . ...,;.„:„1„,:.:: ...:.....:: . .... :4,",,,:„„.. z,.•../....•:::/m.-•(,..,.0:::: :,...,.:,.,,-›2 4....0,,,,. • , •..:4,-',/4, ... 0-* - %•• • ' '47.,rer,?•,'"?4 M4f.ritM,'•.'-gerialgfiliaXiir.';711?•4400,r f,f.:' risc,. imi 0 . '' . . ' "4:: : .. :W , - ....-.,...... 5:0-.' /,.:...V.Mm,::::,:- .,:;'..Aw... v::;.: .. 4.f..” ?:N-.o.,..-....-.:,.. ..,00, ,w4•e.,...,„.9.. Polumbo * * * * * * * * * ,.0-, ',/.4flo ::#•; . - .,....•: 14,7,7, -...... , ..,..o.w...... ,- : •••,:. <,,.:; .,,,:r - . .., .,,, ..-:., - ---.,.. .,0,,w.v.,:;,,ow. ,.v::..:,..tiV:',:.:9) . 1 ,,z,.. ,0 -:,./.0...... • „J., ..•.- •::•-••,,,,v Effitidiff& Vrefel

17 riKIW.AW7.A.#7,V4- ,O,„7:,1;141#,F.4.4P "e[Ot ” WA.% .1-1.1111g RIF 40.57;21,%,..ONA •. . ... _ .

• •

• ly commodities produced by a subscriber that no bill carrying the threat of filibuster table would have required any employer to the Texas Worker's Compensation would come up during the final four days hiring program participants to keep the Act. Hobby sustained Sarpalius' point of of the session, HB 521 was the exception. employees for at least three unsubsidiz- order that the amendment to the amend- At 1 a.m. on Saturday, May 28, Sar- ed months or repay DHR for the subsidy ment was not germane. Harris then palius was forced to yield the floor and received. This amendment would have moved to table the Sarpalius amendment, a vote on second reading passed, 16-11. provided the only check against employer a motion which passed, 21-10. Caperton Two hours before the close of the ses- abuse of program participants, but a mo- then introduced an amendment which sion on Monday the bill came up for third tion to table passed 85-60. The bill pass- would have incorporated the Gas Utility reading and Lt. Gov. Hobby refused to ed the House, 97-41. Regulatory Act under the Public Utilities recognize Sen. Doggett, who had earlier The Human Resources Committee in Regulatory Act, a move staunchly oppos- placed an amendment on the table which the Senate had displayed little support for ed by the oil industry, which prefers would have forestalled a second the bill, with Whitmire flatly telling both regulation by the Railroad Commission. filibuster. Sarpalius proceeded with his Brown and Geistweidt that they didn't Howard moved to table the amendment, filibuster and succeeded in killing the bill. know anything about welfare. After a a motion which passed 21-10. Although The Mexican American Legislative motion to consider on third reading the motion to suspend the rules to third Caucus quickly held a press conference failed, Whitmire prevented the bill from reading failed, the bill later passed on a denouncing the Lieutenant Governor for being passed and sent to conference com- voice vote. Gov . White then threatened his high-handed parliamentary mittee until he had forced Brown to com- not to sign the bill until the House could manuevers and threatened to withhold mit to a voluntary program. Brown felt find a way to pass a teacher's pay raise, Hispanic support should Hobby choose the program should be mandatory if but, faced with the probability of to run again. Hobby had promised that federal grants so required as a condition enough votes to override a veto, White he favored farmworker compensation, an for providing funds. signed the bill. Hispanic priority, when he was on the As Sen. Sarpalius filibustered the TABLE KEY: campaign trail in South Texas last Mall. Uribe urged that the measure be con- workers' compensation for farmworkers Senate: A — Harris' motion to table the in the final hours of the session, it ap- Sarpalius amendment, passed sidered if Gov. White calls a special session. peared that the workfare bill was also 21-10. Observer votes AYE. dead. However, Sarpalius did yield in B — Howard's motion to table TABLE KEY: the final moments of the session, allow- the Caperton amendment, Senate: A — Vote on second reading, ing the Senate to adopt on voice vote the passed 21-10. Observer votes passed 16-11. Observer votes conference committee report which had NAY. AYE. already been adopted in the House. C — Motion to suspend the rules House: A — Failure to pass on third Senate: A — Motion to suspend the rules and consider on third reading, reading, 63-72. Observer and consider on third reading. failed 23-8. Observer votes votes AYE. Motion failed, 18-12 (needing NAY. B — Motion to reconsider the 4/5 of the members present), House: — Passage came on voice vote, vote on third reading, passed Observer votes NAY. Observer votes NAY. 89-52. Observer votes AYE. House: A — Price's amendment to re- C — Final passage, 83-59. quire repayment of subsidy Observer votes AYE. by employers who abuse the program; motion to table HB 521 — Workers' Compensation for passed, 85-60. Observer Farmworkers (Uribe/H inojosa) HB 1299 Workfare votes NAY. Although the bill to extend workers' (Brown/Geistweidt) B — Passage on third reading, compensation benefits to farmworkers 97-41, Observer votes NAY. had broad-based support, with labor, the Originally designed as a program Democratic Party leadership, liberals, which would require AFDC recipients in and Mexican-Americans all working for a test area to participate in a job training the bill, it failed to pass in one of the most and employment program, the bill was SB 244 — Legal Services Fund visible political slugfests of the session. heavily amended all through the session, (Washington/Tejeda) The bill passed the more conservative and passed in the final ten minutes. The This legislation would have establish- House and had the necessary majority in final version establishes a program with ed a non-profit corporation to appropriate the Senate, but two filibusters by Sen. on the job training and employment, but state legal services funds. It would also Bill Sarpalius prevented the bill's participation is voluntary. The par- have required law firms to pay the in- passage. ticipants must be paid at least the terest earned on short-term deposits or on minimum wage for both the training and nominal client fees into a fund which In the House, HB 521 failed to pass the employment parts of the program. on third reading, 63-72, but Rep. Steve could be used to pay for state legal ser- Other house amendments include re- vices for the poor. These small amounts Wolens' motion to reconsider the vote quirements that health insurance be pro- passed 89-52. Rep. Steve Carriker then of interest, when collected from the en- vided, that participants be eligible for tire legal profession, would provide added another amendment, raising the workers' compensation, and that people number of allowable employees to enough funding to pay both ad- currently on the list for day-care services ministrative and legal fees for many of twelve. The bill was finally passed, may not be displaced by program par- 83-59. the state's indigent. The legislation ticipants. An amendment offered by Rep. passed the Senate, 22-9, but the House When the bill came up for second Lloyd Criss which would have exemp- managed to kill the bill by amending it reading in the Senate, Sarpalius was ted cities with unemployment of more to death and by running down the clock. ready with his jogging shoes and detail- than 7% from serving as test areas was Although House sponsor Tejeda fought ed descriptions of the seed germination tabled on Geistweidt's motion. Another to preserve the integrity of the bill, process. Although Hobby had indicated amendment that Geistweidt managed to several crucial amendments were added. JUNE 24, 1983 Rep. Bill Rudd offered a language change HB 1191 — Penalties for Delivery of order for it to get through Calendars which allowed law firms to participate Drugs (Farabee/C. Evans) Committee. Evans became the official only on a voluntary basis. This amend- A remnant of the War on Drugs cam- co-sponsor of Whitmire's bill. Her ment passed on voice vote after Tejeda's paign, this bill sets penalties for delivery logic, according to a legislative aide, motion to table failed, 63-80. An amend- of large amounts of drugs, (2000 pounds was that while the Calendars Committee ment was later passed which prohibited of marijuana, 400 grams of cocaine, for might kill a bill with her name on it, legal aid societies from receiving money example). The original version of the bill they would probably not kill a bill spon- from the fund. Although Rudd's motion set a penalty of fifteen years for delivery, sored by the chair of the House Ad- to table the whole bill missed passage by a sentence which takes away the jury's ministration Committee. Aside from a fewer than 10 votes, SB 244 passed ability to give the convicted person a pro- floor amendment offered by Danburg, 83-60. The Senate refused to concur with bated sentence. The House subcommit- which would have eliminated any the House amendments and a conference tee considering the bill dropped the spousal exemptions, the bill escaped committee was appointed. Although its sentence to ten years to allow the juries controversy, passing on voice vote with report was speedily adopted in the to grant probation; the committee agreed only Ceverha recorded voting no. Senate, the House refused to adopt it in to report out the bill only if no attempt The bill passed on voice vote in the the final hours of the session. To add in- was made to reintroduce a fifteen-year Senate, with only Glasgow recorded as sult to injury, Sen. Washington was chid- sentence as a floor amendment. The bill voting no. ed for "lobbying within five feet of the then passed the House on voice vote, but HB 2008 does not appear in the table microphone," a violation of House rules. Sen. Glasgow had agreed to try and tack because passage came on non-record TABLE KEY: on the amendment in the Senate. Three votes. However, the Observer would Senate: A — Final passage, 22-9, of the most skilled Senate debaters — have voted AYE. Observer votes AYE. Farabee and McFarland supporting the House: A— Tejeda's motion to table the ameedment and Sen. Washington oppos- Rudd amendment to make the ing — argued the merits of a stiff penal- ty's deterrent effect against the integrity SB 367 — Billboard Bill program voluntary. Failed (Sharp/Messer) 63-80. Observer votes AYE. of the jury system. The motion to table the committee amendment failed 6-24 Ten years ago, the city of Dallas B — Passage on third reading, and the amendment later passed. The passed a ban on billboard advertising, 83-60. Observer votes AYE. vote on final passage as 28-1 with only allowing billboards already in existence Washington opposing. The House quick- a ten-year grace period. Lubbock and ly voted to concur in the Senate Houston also passed billboard or- amendments. dinances. This bill, touted as one of the Observer votes NAY. TABLE KEY: biggest lobby bills of the session, would have prevented cities from enacting SB 1414 — Nursing Home Reform Senate: A — Motion to table the (Doggett) Glasgow amendment, failed such ordinances without compensating 6-24. Observer votes AYE. the billboard owners for their financial This bill contained the legislative foun- "interest." Vaguely worded, the bill dation for reform of the nursing home in- B — Vote on final passage, did not define how this "interest" was dustry, an issue which has been a top passed 28-1. Observer votes to be calculated, but amendments to priority for Doggett, as well as for At- NAY. base that compensation on the original torney General Jim Mattox. It would House: — Passed on voice vote. cost of the billboard were soundly re- have allowed DHR to withhold state jected. House sponsor Messer had funds from homes found guilty of abuse; warned that if this bill did not pass, or it would have given DHR, the Attorney HB 2008 — Sexual Assault (Whit- if Gov. White vetoed the bill, billboard General's office, and the Medicaid fraud mire/C. Evans) owners would file suit. unit access to all home records; and enter a nursing home at any time. The This bill reclassifies the crime of rape, Rep. Patricia Hill of Dallas worked bill reached the Senate floor in mid-May putting it with other assault crimes in the House floor trying to prevent the and passed 18-11. Texas law. As an assault crime, all bill's passage, but Messer's position as gender restrictions are removed as is the Calendars Committee chair made sup- The bill was referred to the Commit- requirement that a victim prove port hard to come by. Hill introduced an tee on Retirement and Aging in the resistance. The bill also allowed a per- amendment which would have House and, combined with a much son legally separated or going through substituted the words "original pur- weaker bill by Rep. James Hury, was divorce proceedings to charge his or her chase price and costs of erection of," reported out favorably on Friday May 25, partner with sexual assault. This bill for "all right, title, leasehold, and in- the day after the final meeting of the was a priority for Sen. Whitmire this terest in," to clarify how much compen- Calendars Committee. The timing made session and had little trouble on the sation an advertiser could receive. She it impossible for the bill to appear on the Senate floor. The real story took place also offered an amendment which House Calendar, and the bill died on the committee level. Whitmire would have allowed cities to get rid of without a vote. waited to act on the legislation until the all boards which now are in conflict TABLE KEY: companion measure had passed the with city ordinances, building codes, Senate: A — Motion to suspend the rules House. The original House sponsor, federal requirements, and obscenity to consider on third reading, Debra Danburg, saw her bill sent to laws. Both amendments were tabled on passed 24-5. Observer votes subcommittee in the Criminal Messer's motion. The bill passed the AYE. Jurisprudence Committee, the same House, 104-34. B — Passage on third reading, subcommittee which was working on The only floor amendment in the 18-11, Observer votes AYE. another, weaker, rape reform bill by Senate came from sponsor Sharp, who Rep. C. Evans, Danburg was forced to also tried to clarify the compensation House — No floor action. give up her bill in favor of Evans' in portion, tying it to the appraisal value.

THE TEXAS OBSERVER 19 This amendment was tabled on Harris' Hackney and Price, would have motion 24-6. The bill finally passed guaranteed that a faulty new car be 25-5 but Gov. White vetoed the replaced with a new car, not just a legislation. "comparable" car, and also would have TABLE KEY: preserved the consumer's right to go to Senate: A — Harris motion to table the court. Price and Hackney had offered a Information for Sharp amendment, passed bill giving just such recourse, but it Historians, 24-6. Observer votes NAY. never reached the House floor for con- B — Vote on final passage, sideration. The motion to table passed 107-35. The bill finally passed, 145-1. Researchers, passed 25-5. Observer votes NAY. The Senate voted unanimously to con- cur in the minor amendments added in Nostalgia Buffs, House: A — Vote on final passage, the House. 104-34. Observer votes & Observer Fans NAY. TABLE KEY: Senate: A — Final passage, 29-0. Observer votes NAY. House: A — Schlueter's motion to table the Hackney-Price Bound Volumes: The 1982 bound

— amendment, passed 107-35. issues of The Texas Observer are now SB 1141 The "Lemon" Bill ready. In maroon, washable binding, (Brown/Schlueter, L. Hall, Stiles) Observer votes NAY. the price is $20. Also available at $20 Consumers stuck with "lemon" B — Final passage, 145-1. each are volumes for the years 1963 automobiles now have set procedures Observer votes NAY. through 1981. for trying to get compensation under the terms of Sen. Brown's bill. Backed by the Texas Automobile Dealers Associa- tion, the bill requires that consumers SB 948 — Commissions on Credit- Cumulative Index: The clothbound process complaints through the Texas Life Insurance (Harris/Wolens) cumulative edition of The Texas Motor Vehicles Commission instead of Another bill backed by the auto Observer Index covering the years the courts. The result is that dealers on dealers would allow auto retailers to 1954-1970, plus annual supplements the commission are allowed to rule on continue to collect large commissions through 1978, may be obtained for consumer complaints against dealers. on the sale of a life insurance policy. $20. A second cumulative edition from Dealers also end up saving court costs. Dealers routinely sell policies which 1971 through 1981 will be available by guarantee that car payments will con- mid-year. Although the bill details elaborate pro- cedures for getting compensation from tinue if the purchaser dies. Although the dealers, people who purchase a brand- State Board of Insurance set the com- new "lemon" still are not entitled to mission rate at 20% for credit life in- Back Issues: Issues dates January 10, receive another new car as compensa- surance in 1980, the rule has been ig- 1963, to the present are available at 75 tion, even after the dealer has repeated- nored because of pending court battles, cents per issue. Earlier issues are out ly failed to repair the original. and some dealers have been collecting of stock, but photocopies of articles Introduced in the Senate by Brown, up to 40% in commissions. The new from issues dated December 27, 1962, the bill passed unanimously in mid- law would set the ceiling at 35%, far will be provided at 75 cents per article. April. Sen. Parmer added an amend- above the insurance board's recommen- ment stating that consumers are not dation. The legislation is important limited in their options when seeking to because it removes a substantial portion enforce the terms of a warranty. That is, of regulatory authority from the State Microfilm: The complete backfile for infractions specifically listed in the Insurance Board. (1954-1982) is approximately $375. In- warranty, the consumer is still free to The bill had little trouble in the dividual years may be ordered try the courtrooms first. Senate, passing on third reading, 23-6. separately. To order, or to obtain ad- In the House, Rep. Peveto offered an ditional information regarding the House sponsor Stan Schlueter kept strict control over the floor debate, ta- amendment allowing the State Insurance 35mm microfilm editions, please write Board to fix the amount of a compensa- to Univ. Microfilms Intl., 300 N. Zeeb bling amendment after amendment. One such amendment, offered by Reps. tion paid by a company to an agent. Road, Ann Arbor, Michigan 48106. Wolens' motion to table passed, 92-41. The bill passed to third reading, 114-30, finally passed on a voice vote. The Address your order (except for microfilm) Senate concurred with the House to the Observer Business Office. Texas amendments. residents please add the 5% sales tax to your TABLE KEY: remittance. Materials will be sent postpaid. Senate: A — Passage on third reading, 23-6. Observer votes NAY. House: A — Wolens' motion to table the Peveto amendment, pass- THE TEXAS OBSERVER ed 92-41. Observer votes 600 W. 7 ST. — AUSTIN 78701 NAY. (512) 477-0746 B — Passage to third reading, 114-30. Observer votes NAY. O

20 JUNE 24, 1983 Lobby's Boy Keeps House Locked Up

"Gib Lewis is dangerous," a margin and won re-election two lobbyist for people's issues told the years later with 80% of the vote. Observer, "because he allows He was unopposed in 1982. His himself to be used without realizing major financial supporter in Bell what's happening; Bill Messer is County seems to be Dr. Ralph dangerous because he knows exact- Wilson, Jr., president of Ralph ly what's happening." The Wilson Plastics Co. in Temple. 31-year-old three-term veteran is (Rubber workers attempted to smart, hard-working, and cunning- unionize Wilson Plastics several ly savvy when it comes to the years ago.) legislative process. He is also, body Messer has said he has no ambi- and soul, the lobby lackey — tions for a Senate seat or any higher whether it's carrying the interest- office other than the House rate increase for the banking lobby, speakership — he and Stan carrying the outdoor advertisers' Schlueter have been considered effort to gut city billboard or- prime candidates when Lewis dinances, carrying the trucking in- vacates the office — but even that dustry effort preserving Railroad ambition may have been jeopar- Commission regulation of the in- from the Democratic ballot. dized by his performance this ses- dustry, carrying the automobile Bigham charged that Messer was in sion. His heavy-handed tactics as dealers' version of a "lemon law" violation of a state constitutional Calendars Committee chair and his limiting dealer liability, or looking provision that prohibits persons brazen role as lobby water boy out for the interests of savings and holding "lucrative offices" from didn't set well with many of his col- loan institutions. (Messer is also a running for the state legislature un- leagues. director of the Bell County Savings til after their term of office expires. Back home, Messer has also Association.) Messer claimed that he was not managed to antagonize teachers and When Bill Messer was three, his "qualified" for the two city posi- public employees, particularly after father died, and he was reared by tions he held since he had not taken he told a school teachers' group he his grandfather, long-time Bell oaths of office. Although he had would oppose a teacher pay in- County Judge W. T. Messer. been reappointed city judge, he said crease until he felt a "groundswell Whatever he knows about politics, he was occupying the bench only of support" from his constituents. Bill Messer has said, he learned at until a successor could be named. A firefighters' representative from his grandfather's knee. And he's no He also said he had no official term Temple wanted to know if he had doubt learned a bit more from his of office as Morgan Point's city at- felt a "groundswell of support" father-in-law, Chemical Council torney so that position could not be when he carried the bill increasing lobbyist Harry Whitworth. considered a "lucrative office." the interest-rate ceiling in 1981. At the time Messer made his first The court denied the writ to remove Both labor and the teachers believe legislative race in 1978, he was Messer's name from the ballot, dissatisfaction with Messer in Bell serving as Belton city judge and as saying there were questions of fact County is widespread. "I'd rather city attorney for Morgan's Point, a unresolved in the official records take him on in his district than in resort community on Lake Belton. brought before the court. Bigham the House," said one labor His opponent, five-term House saw Messer gaining public sym- organizer. "He's got more bor- veteran John Bigham, filed suit in pathy from the lawsuit and decided rowers than lenders in his district." the Court of Civil Appeals seeking not to pursue the matter. What is needed now is a worthy to have Messer's name removed Messer defeated Bigham by a 2-1 opponent. ❑ Labor Hopes Go Unrealized ABOR went into the 68th itself against bad bills as had been to the floor for a vote. In the Senate session expecting great necessary in past sessions. But they were two to four votes short of L things but came away with Messer's Calendars Committee in the two-thirds needed to bring up a less than they'd hoped for. Nine- the House and the two-thirds vote bill. But Texas AFL-CIO teen senators had been endorsed by needed in the Senate to take up a Secretary-Treasurer Joe Gunn labor in their campaigns. The bill proved to be labor's nemeses. wouldn't complain about the two- largest House freshman class in a Despite the fact that labor thirds rule. "It kept us from passing decade bred hope for new counted 84 and 86 votes respective- some things, but it saved us for so alignments. The labor lobby was ly for prevailing wage and volun- many years — keeping the bad stuff prepared to push some positive tary checkoff bills, they could not off us," Gunn told the Observer. lawmaking and not just defend get the bills out of Calendars and on According to Gunn and Texas

THE TEXAS OBSERVER 21 AFL-CIO President Harry Hub- tempt to add anti-worker amend- another in early May — that would bard, this is the best Texas Senate ments. At the same time, they could have provided the 24 % teacher pay they've had to work with. That is not find fault with Sen. Lloyd Dog- increase, raised the Aid to Families partly due to an improved relation- gett's amendment establishing a with Dependent Children to $72, ship between Lieutenant Governor human relations commission. and given a salary increase to state Hobby and labor. Hubbard at- "Lloyd doesn't have to apologize employees with a $100 increase as tributes this to Hobby's for his human relations position," a floor. The package called for a pragmatism, to the fact that the ex- said Hubbard. .4 % increase in the severance tax perience of Hobby and his staff Apparently the labor jury is still for gas and a .5 % increase in the oil gave him an edge over White and out on Governor Mark White's per- severance tax with no sales tax in- Lewis, and to Hobby's understan- formance this session. While the crease. White never discussed the ding of the importance of the labor general labor assessment seems to proposal seriously with labor. vote in his last campaign. be that White did as well as could Still, labor is giving White time Regarding the failure to pass the be expected with an inexperienced to mend fences and to address the sunset bill for the Texas Employ- staff, there does seem to be some issues of pay increases and taxes in ment Commission, Hubbard was consternation that a labor-proposed a special session. "We come out of philosophical. Labor had not tax package was not given much a group that believes in appren- wanted any amendments on the bill consideration by the governor. ticeship," said Joe Gunn. "He's because it feared the Texas Labor presented two versions of the served his apprenticeship as gover- Association of Business would at- tax package — one in early April, nor this session." Potholes in Highway's Road By Susan Raleigh

Austin of which could be diverted to highways, the next two years will take care of the and that the Legislature double the state's state's highway needs. Both Salwen and ESPITE THE considerable motor fuel tax. But the surplus,* Robbins maintain that the new federal lobbying efforts of the Texas estimated at $4.1 billion in January, had money will only take care of ailing in- D Good Roads/Transportation withered away by the end of the session, terstate highways and U.S. highways. Association and other highway boosters, as Comptroller Bob Bullock repeatedly Needed expansion and rebuilding of state the state highway department was not lowered his estimate of available highways and farm-to-market roads, they among the big winners in the appropria- revenue, and the House of Represen- say, will have to be postponed or tions game this legislative session. In- tatives balked at a tax increase. Conse- foregone. stead of the $5.6 billion it asked for, the quently, the highway department wound The picture may not be quite so bleak department received about $3.9 billion, up with about what it would have gotten including more than $900 million in new as the lobby is painting it though. Den- without all the studies, statistics, and dire nis Jones of the Texas division office of federal funds generated by the recent predictions. federal gasoline tax hike. the Federal Highway Administration said The lobby, needless to say, is displeas- that while most of the new federal money Since last summer the highway lobby is designated for interstate and U.S. has been issuing grave warnings about ed. Eugene Robbins of the Texas Good Roads/Transportation Association called highways, Texas will get about $144 the deterioration of the state's highway million per year in discretionary money. * system. Its aim was to convince the highway funding situation "a mess." A state motor fuel tax increase, he said, The state could use these dollars for any lawmakers to support the highway road eligible for federal aid. Most state department's proposal to nearly double is "essential and inevitable." His group is trying to persuade the Governor to in- roads and many farm-to-market roads are highway spending for the 1984-85 bien- eligible for federal aid, he said. nium. (See T0,2/25/83.) The strategy to clude highway funding in the call for a increase funding depended on two things: special session. In any case, the highway department's that the state wind up the 1982-83 bien- Rick Salwen, chief lobbyist for Dallas 1984-85 appropriation is 34 % higher than nium with a hefty revenue surplus, part multi-millionaire H. Ross Perot, cam- its 1982-83 funding, a substantial in- paigned alongside Robbins for increased crease considering the rather gloomy highway funding. Salwen said the revenue picture. Even bad times are still Susan Raleigh is a legislative researcher Legislature mistakenly thought the extra pretty good times for highway funding in Texas. and free-lance writer living in Austin. federal money Texas will receive over El * the discretionary money results from a provi- Good books in every field *What the news media and some legislators often sion in the Surface Transportation Act of 1982 JENKINS PUBLISHING CO. call the "revenue surplus" is technically a com- that guarantees each state a return of at least The Pemberton Press bination of the previous biennium's unexpended 85 % of what it pays into the Federal Highway funds and the projected revenue growth for the Trust Fund. Texas will benefit from this provi- John H. Jenkins, Publisher upcoming biennium. The Comptroller's Jan. 1983 sion because its current rate of return is only Biennial Revenue Estimate put the 1982-83 surplus about 76%. Jones said the money a state receives Box 2085 g) Austin 78768 at $957 million, and the projected revenue growth solely because of the 85% return provision may for 1984-85 at $3.2 billion. be used at the state's discretion.

22 JUNE 24, 1983 In Which Wiley T. Foxx Reveals His Political Ambitions The Foxx Report

Austin run for their money. that Lazenby had called her at home the COULD tell something was Nabob Lazenby is a foot man. He lives next morning to ask her to join the brewing with the Chief the whole last in Nash, a little town just outside Tex- business. She told him she'd think about I month of the Session, what with him arkana, and what he has is a fleet of it cause she really didn't cotton to going spending even more evenings than usual mobile massage parlors catering ex- back to the Stallion. "It's honest work," "conferring" at the Quorum Club with clusively to the feet. His female foot she told me, "but I pray to God I never Nabob Lazenby, but I never figured him masseuses work out of recreational ever have to look down at a platter of to resign like he did. Course his vehicles up and down IH-30 between chicken-fried steak with cream gravy legislative program got shot down pret- Texarkana and Dallas, and they ply their crawling up my arm. On the other hand, ty bad, especially his baby — the bill wares over CB radio. If you drive IH-30, I've never had much of a yen for feet. legalizing cockfights in Texas (TO, you've probably seen 'em — big red and I'm not sure I'd know how to handle 'em. 1/28/83) — but that happened to a lot of white Winnebagos with "Lazenby's Sole Course I guess I could go up to Arkan- folks. Train" blazed across the side and a pic- sas and learn." He didn't tell his staff — that's myself ture of a lovely young lady tweaking a and Raenell Sitton, a Stallion Drive-In pair of toes. waitress till she met the Chief a couple What Lazenby wants is for the Depart- O RAENELL'S going to think of months ago — until the evening of the ment of Public Safety to cease and desist about it. As for me, I guess I last day. While ol' Apple-Cheeks stepping on his toes, so to speak, and for thought about what to do for himself, Bill Sarpalius, droned along the legislature to declare his service maybes five nights in a row, sitting out down on the Senate floor about how it strictly therapeutic. The Chief says his on the trailer steps evenings after supper was the American way to let those farm- job will be to work on franchise ar- talking to Shoogy Red, my prized Allen workers pay for their own accidents on rangements for "Sole Train." Roundhead. I knew I could go back to the job, me and Raenell trooped into the the Highway Department litter truck, but Chief's office sporting our T-shirts with "We're absolutely legit,' Lazenby told to tell the honest truth, that prospect "Sine Die" across the front. The Chief me one afternoon while he waited for scared me. What scared me was ending was in his Jeffersonian pose beneath the Sen. Kothmann to wake up from his up like Rufus Bee. armadillo head he'd put up on the wall, morning nap. "My young ladies are re- a gift from a West Texas bounty hunter. quired to have in their possession an Rufus was my litter mentor. For nine What with him wearing his chocolate- associate of arts degree in podiatrical long years, come rain come shine, he'd brown Oleg Cassini suit with the chalk- therapeutics, preferably from Ouachita trudged up and down the Interstate spear- white pin stripes, his two-toned brown- Valley Junior College just outside of ing trash and disposing of dead animals. and-white wingtips, his topaz cufflinks, Arkadelphia, Arkansas where I am proud He taught me everything he knew. When and puffing on a big cigar Nabob Lazen- to say I serve on the board of regents. I worked with him, he had thirteen years by had given him, I should have guessed Another thing, they know beyond a to go before he could retire, and that's what was coming. shadow of a doubt that any above-the- all he ever talked about — what he would ankle hanky-panky and I'll bounce their do when he retired. He'd buy a little He grinned his big grin — the grin I'd lovely little Watuzis right out of those plot of land, plant a garden, he'd fish seen on fence-post handbills all over the Winnebagos. I'll tell you something else: in the stock tank behind his house, he'd district — wrapped his arms around the we'll have truck drivers down here in visit the Alamo and Six Flags. both of us, and gave a fatherly squeeze. droves next session to testify there's Only thing is, Rufus never made it. We "Friends tested and true," he said, "it's nothing like a patented Lazenby foot were driving along FM 1620 real slow time I turned my talents elsewhere. I've massage to relieve the dreaded 'clutch one day on our way to the county dump, fought the good fight, I've kept the faith foot,' the bain of truck drivers the world when we saw a chicken in the road — and as of June 1, I'll be resigning my seat over. scrawny, but alive. We figured it must to toil in the trenches with my capable "I'm convinced it's an idea whose time have been a potential fryer that squeez- comrade Nabob Lazenby." has come," the Chief told me and Raenell ed out of one of those cages you see on I guess not many people know Nabob that last evening of the session, "and if big trucks headed for the slaughter house. Lazenby, but between now and next ses- I know Nabob Lazenby, he won't be nig- Anyway, Rufus jumped out to chase it sion, they will. I guarantee you. He spent gling when it comes to the long green. down to take home for supper. Well, it most of this session at the Quorum Club He'll shell out what it takes to educate, was miserable hot that day — the radio laying the groundwork, you might say, demonstrate, and inform. I'd be willing said 110° in the shade — and Rufus' mind but with his money and his persuasive to bet there'll be some mighty happy feet just snapped; that's the only way I know powers (he's read everything Zig Ziglar bouncing up to the front mike next to describe it. session." ever wrote), he'll give big-shot lobbyists One minute he was on his hands and Gene Fondren and Harry Whitworth a Raenell told me a couple of days later knees on the hot pavement trying to coax THE TEXAS OBSERVER 23 that chicken off the front axle of the ought to send what I would call a Messer corner to the Minimax store where truck, the next minute his face was white auto-teller. That way the lobbyists could Clarence Kattner always bragged about as a grub worm, and he was babbling just insert their little card in the Messer the Belton Tigers. He'd ask me about our about heading back to the old home Teller, and it would spit out the vote they football team back .home and he'd want place. Before I could stop him, he wanted. The results would be the same to know what position I wanted to play jumped behind the steering wheel, hit the as what they have now, but the upkeep when I got old enough. We would go to hydraulic lift and dumped out all our lit- would be a lot cheaper. Robert Taylor's Red-and-White grocery, ter right there on the road. By the time My second reason is, I've always had Pete Hill's drive-in, John Bridges' little the DPS caught up with us about four a soft spot in my heart for the people of cafe on the square, the Hilltop Cafe out hours later, we were halfway to Belton. Back when I was a boy and Papa on the highway, and some other places Oklahoma. Last time I saw Rufus, he was — bless his dear, departed soul — was I can't remember offhand. I liked those in the Veterans Hospital at Temple. They alive, I'd go with him to Belton on Mon- people, and I hope they'll like me. let him have a little garden plot out by days and Thursdays on his butter-and-egg Shoogy Red seems to approve, and the the back fence near the baseball field, and route. We'd leave home about five in the Chief says he'll help all he can if he's not he raised Porterhouse tomatoes. He morning, and I'd sleep on the floor of the too busy being the foot man's footman. seemed happy. truck till I heard him gear down, and I To all my Observer friends, I guess it's I thought of Temple, and it hit me, knew we were in Belton. Our first stop "hasta la vista" till '84. Wiley T. will what I would do. I would move to Belton. just as the sun was coming up was Herr- return. I would move to Belton, open a bait shop ing's Grocery, and I'd climb out of the One more thing: A lady from Webber- on the Leon River, and in 1984 run for truck all stiff and sleepy and go to work. vile called the Observer to complain that Bill Messer's seat in the House. It felt When we were through at Mr. Herring's, I was giving her fair hamlet a bad name right, and for the first time in a week I I'd be ready for the long day. by mentioning I had been to a cockfight got a good night's sleep. Then we'd go downtown to Hugh Tag- or two nearby. She said, as far as she But Wiley, you might ask, why gart's grocery just off the square. Usually knew, they had greyhound races near Belton? a guy named Jerry would be fronting Webberville, but no cockfights. Well, I Well, there are two reasons. First, if shelves and sweeping the wood floor with wouldn't want to argue, but I want her there's anyone in the Texas House of that oily red powder you used to see. Mr. to know I like Webberville; it's a Wiley Representatives who needs retiring, it's Taggart would always grin at Papa and kind of place, just as unpretentious a lit- young Mr. Messer (see p. 21), who as say, "I see you got your boss with you tle town as ever you've seen. I'm think- far as I can tell, cares not a fig for small this morning." Once when my sister ing the Observer should have a party this business people or small farmers or died, he took me over by the produce sec- summer in the Webberville City Park on teachers or domestic workers or anybody tion and said, "Now Wiley, you look the banks of the Colorado, just to show else not represented by fat-cat lobbyists. after your dad. This has been a mighty some appreciation. If you think so too, The good people of Bell County deserve hard blow for him, and he needs you." give the Observer a call. They'll be hap- Mr. Taggart was a good man. better. What I plan to tell 'em is, if they py to hear from you. ❑ don't want to send me to Austin, they After that we would drive around the

ANDERSON & COMPANY COFFEE TEA SPICES Consumer Law TWO JEFFERSON SQUARE AUSTIN, TEXAS 78%31 Jim Boyle, legislative director home dealers and manufacturers 512 453-1533 for the Texas Consumers Associa- who fail to honor their warranties. Send me your list. tion, called the session "a mixed Among the bills he was happy to bag from a consumer standpoint." see defeated was one that would Name The biggest victory for consumers, have changed Texas homestead Street he believes, is the new law reduc- laws to allow homeowners to use Zip ing bank credit-card interest rates. their houses as security for con- City "Lowering credit-card interest sumer loans and a bill that could rates was historic," Boyle told Lee have reduced refunds given to Jones of the Fort Worth Star- students who drop out of pro- Chuck Caldwell's Telegram. "This was the first time prietary trade schools. interest rates have been lowered The most noticeable defeat for statutorily by any state legislature. consumers, Boyle believes, was the In the last sixty days, three states Texas Automobile Dealers As- have raised credit card rates. In sociation bill — still awaiting the 1731 New Hampshire Ave., N.W. Maine and Massachusetts, con- governor's signature or veto — Washington, D.C. 20009 sumerists are using Texas as an ex- prohibiting State Insurance Board ample and are telling bankers, restrictions on commissions on • Dupont Circle/Embassy area `How can you say you need higher credit insurance. Boyle also ob- • Spacious rooms • Coffee shop rates when in Texas they lowered jected to a "lemon" automobile bill • Parking • Best buy in D.C. them?' " that requires consumers to com- Present this ad when checking in and Boyle was also pleased when plain to the understaffed and over- receive a $10 introductory rebate. legislators passed a bill allowing worked Texas Motor Vehicle Com- CALL TOLL FREE 800-424-2463 greater penalties against mobile- mission before filing suit. ❑

24 JUNE 24, 1983 Civil Liberties Emerge Unscathed By John Duncan

Austin Buchmeyer had declared the Texas cost more than $1,000,000 with no end statute unconstitutional. When Attorney in sight. General Jim Mattox dropped Mark Finally, Washington bumped a House- ITH CIVIL liberties as with White's appeal of the Buchmeyer deci- passed bill from the Senate consent calen- teachers salaries, the Texas sion, Rep. Bill Ceverha (R-Richardson) dar two days before the end of the ses- WEmployment Commission, The conducted his biennial exercise in sion. This legislation would have more Public Utilities Commission, brucellosis, homophobia but to no avail. Ceverha's than doubled the period of time for which and other issues, the 1983 Texas attempt to recreate offenses which had a school system could suspend a student. Legislature will be remembered more for previously carried a maximum punish- Present law allows a maximum suspen- what it did not do than what it did do. ment of a $200 fine with maximum sion through the end of the school term. Unlike 1981, when it appeared punishments up to ten years' imprison- The legislation would have expanded this lawmakers had set out to prove the old ment was not reported from committee. to a second school year, thus effectively adage that "no person's life, liberty, or We can thank state Sen. Craig creating a permanent expulsion by property is safe while the legislature is Washington for killing four House- depriving a student of two full years of in session," the 1983 Legislature did not passed measures during the final week of school credits. conduct an all-out assault on civil liberties. the session. Procedural moves by For the most part this legislature ran Washington in the Senate Jurisprudence against the recent trend toward longer jail The legislature had ample opportuni- Committee killed a bill that would have sentences to cure every conceivable ty to continue its savagery against civil expanded the number of offenses in- social ill. The passage of four bills that liberties. But it didn't pass Rep. Jim cluded under the Texas capital murder create more reasonable systems of Turner's (D-Crockett) resolution statute. Also killed in committee by parole, probation, restitution, and the memorializing Congress to call a con- Washington was a bill which would have calculation of good-time credit toward stitutional convention to allow prayer in broadly expanded the jurisdiction of the release was perhaps motivated by Judge the public schools. And it didn't pass Texas Youth Council so that a 13-year- Justice's court order on prison over- legislation sponsored by Rep. Tom Uher old committed to TYC for a non-criminal crowding and the economic considera- (D-Bay City) which would have made it status offense (e.g., runaway) could tions of the cost of new prison construc- a second-degree felony punishable by theoretically be held until age 21. tion; nevertheless these were positive twenty years' imprisonment if a doctor A Washington filibuster also killed steps. performed an abortion without first sub- what should be referred to as the Eroy A notable exception to more flexible jecting the woman to a "right to life"- Brown Perpetual Prosecution Act. The sentencing guidelines was the driving- dictated spiel and then delaying the per- legislation by Rep. Allen Hightower of while-intoxicated legislation. Only time formance of the procedure for 24 hours. Huntsville would have made the State of will tell whether the mandatory sentenc- Texas responsible for all costs of pro- ing aspects of the new legislation will be Nor did it pass a proposal by Rep. secution of inmates in the Texas Depart- Dick Burnett (D-San Angelo) to allow the workable or be a deterrent. It should not ment of Corrections (TDC) for offenses pass without comment that even the purveyors of employment-blacklisting in- committed while in prison. District at- formation to buy Department of Public Abilene Reporter-News, a paper not noted torneys in counties where TDC has units for its liberal-extremist positions, Safety (DPS) criminal-record histories are virtual political captives of the TDC. (i. e. , all Texas arrest records) on a daily editorialized against that portion of the The only restraint on TDC's "prosecute bill which declares a person to be legal- basis through computer access. And it them until they are dead" philosophy is didn't pass state Sen. Ray Farabee's pro- ly intoxicated regardless of other the burden on the local taxpayer for the evidence if a chemical test shows a blood posal to create still another DPS com- prosecution. puter system, this time for juveniles, with alcohol concentration of 0.10 % . "taken into custody" becoming the stan- Washington has twice represented A bit of comic relief during the ses- dard for creating a DPS computer Eroy Brown, who was accused of capital sion occurred when the Dallas County juvenile record. In 1981, Farabee suc- murder in the death of a TDC warden and Commissioners and the Dallas Police cessfully sponsored legislation that has a supervisor. In the first trial for the death Department were attacked from the right now resulted in the names and medical of the warden, the jury voted 10 to 2 for by Rick Salwen and Ross Perot's Tex- prescription records of almost one a self-defense acquittal. Brown was ans War Against Drugs Committee million Texans being placed in DPS retried for the death of the warden, and (TWAD). Rep. Bill Blanton of Farmers computers. a second jury voted 12 to 0 for a self- Branch and State Sen. Ike Harris of defense acquittal. Even though both Dallas were carrying a bill for the Dallas Legislative inaction allowed Texas to deaths occurred in the same episode with groups that was designed to relieve jail join 26 other states which have no en- the same facts, Walker County is mov- overcrowding. It would authorize police forceable law against private sexual acts ing toward a third capital murder trial, officers to issue field citations on Class by consenting adults. Federal Judge Jerry this time for the death of the supervisor. C misdemeanors that carry no jail time These two trials, combined with the on conviction and some Class B misde- recently completed third capital murder meanors that result in routine release on John Duncan is director of the Texas trial of TDC inmate Ignacio Cuevas for personal bond in most counties (primarily Civil Liberties Union. the 1974 prison escape attempt, have now (Continued on Page 28) THE TEXAS OBSERVER 25 In The Lobby

'Ns.... Labor's Joe Gunn (center) with TDA's Kristy Ozmun and Jim Hightower.

Teacher's lobby sings the blues.

26 JUNE 24, 1983

s ip ff R Geo

by to Pho Big winners: Charles and Pauline Sullivan of CURE. Hired gun and former Young American for Freedom Jack Gullahorn, commandeered Capitol phone booth.

Former Speaker Billy Clayton in the lobby.

THE TEXAS OBSERVER 27 (Continued from Page 25) Wiretap and Electonic Surveillence Act substitute which the Senate accepted on prostitution and possession of small in 1981, no specific mention was made an 18-13 vote. It removed the pen register amounts of marijuana). of pen registers, though the act covers from the 1985 legislative "reenact or The apparent motive of the sponsors "any information concerning the identi- die" provision of the 1981 wiretap act. was to save Dallas taxpayers millions of ty of the parties to the communication or It made the pen register available not just dollars in new jail construction (no re- the existence . . . of that communica- for felony narcotics violations — as are quired overnight stay in jail before see- tion." When the Legislature failed to all other forms of electronic surveillance ing a judge) and to keep more police of- mention pen registers specifically, Col. — but for any criminal offense including ficers on the street rather than in the sta- James Adams of the DPS interpreted the misdemeanors so minor they carry no jail tionhouse doing paperwork at the book- act to mean that they were legalized for time on conviction. The Mont- ing desk. Salwen issued a press release uncontrolled use. ford/Glasgow substitute placed the deci- which sounded like TWAD thought the It is Adams' contention that Texans sion to use the devices in the hands of sponsors were attempting to turn Dallas waive any expectation of privacy as to local officials, whereas the wiretap act into a pot-sodded Sodom. Actually the what telephone number is called when confines the decision to the DPS and one proposal allowed a police officer discre- they reveal that information to the equip- of nine judges. The substitute also allow- tion in issuing a field citation, gave the ment of the third-party telephone com- ed installation of the device without pro- person ten days to appear before a judge pany. Thus the DPS has been using the bable cause to believe that a violation of and enter a plea, and provided for punish- pen register without following the strict the law was occurring, had occurred, or ment for failure to appear as well as the requirements of the wiretap act. A pen was about to occur. original charge. TWAD concluded that register can be converted to wiretap with The eighteen senators who cast their it was an attempt to decriminalize posses- a headset and alligator clips, and there vote for the Montford/Glasgow pen sion of marijuana and prostitution. The is no judicial supervision of the activity; register substitute clearly cast the worst bill never made it to the floor in the thus, officers are in effect given a device civil liberties vote of the session, and for Senate or the House. which indicates when a phone line is in that they deserve some special mention. From a civil liberties viewpoint, the use and then placed on their honor not They were Blake, Brooks, Brown, great failure of this Legislature was the to listen. Farabee, Glasgow, Harris, Henderson, failure to rein in the Texas Department State Sen. Oscar Mauzy introduced a Howard, Jones, Kothmann, Leedom, of Public Safety in its use of the pen bill which would have treated the pen Lyon, McFarland, Montford, Sarpalius, register. The pen register is a device register as a wiretap. When it got to the Sharp, Sims, and Traeger. which decodes the electronic impulses Senate floor, former Lubbock County After passing the Senate, the pen from a touch tone or rotary dial telephone District Attorney John Montford and register bill died in the House Calendars and prints out the number that is being former Erath County District Attorney Committee. Although the Mont- called. When the Legislature passed the Bob Glasgow offered a DPS sponsored ford/Glasgow substitute was amended in the House Criminal Jurisprudence Com- mittee, it continued to be unacceptable from a civil liberties point of view. The recently concluded legislative ses- sion was not a session of great civil liber- ties losses, nor were any significant gains Printers — Stationers — Mailers — Typesetters made. That may be the best we can hope for. ❑ — High Speed Web Offset Publication Press — Counseling — Designing Copy Writing — Editing Trade — Computer Sales and Services — Complete Computer Data Processing Services Parisian Charm. Omelette & Champagne Breakfast. Beautiful Crepes. Afternoon Cocktails. Gallant Waiters. Delicious %FUTURA Quiche. Evening Romance. PRESS Continental Steaks. Mysterious AUSTIN Women. Famous Pastries. TEXAS Cognac & Midnight Rendezvous. In short, it's about everything a great European style FlUITIJRA restaurant is all about. 512/442-7836 1714 South Congress he Old P.O. Box 3485 Austin, Texas 78764 Cafe st 310 East 6th St. Austin, Texas

28 JUNE 24, 1983 A Letter from Florida

By Nina Butts

Delray Beach, Florida there? Does he watch me when I go into HERE ARE LIZARDS all over that room at night to switch on the burglar the place here. They run across alarm? He was cold and sarcastic. Can he see me here now, come to the house sidewalks. They sun themselves The final T he built, because I like to be alone? on windowsills. They sneak into the assembly Would he understand? screened porch and jerk along its of all U.S. nu- aluminum baseboard like blips in a video Besides my tears, my desires rise to the clear weapons takes game. One of them got run over by a bike surface here. Watching the ocean — place in the Texas Panhandle. Hous- on the road to the beach. learning how a wave swells and swells ton has more oil company headquar- I picture their cousins the crocodiles, and crowns itself with white, then peaks ters than any other city in the world. somewhere inland in secret shadowy and falls in a rush of power, aqua, The whole state reeks of Sunbelt swamps, sliding off the banks and into reflected light, and seafoam, and ripples boosters, strident anti-unionists, po- the water with a slow splash. toward the beach, falls once more, kisses litical hucksters, and new industry the sand — watching that, I push my and money. I have a bicycle here, borrowed from hands into the sand, and things I want slip the neighbors. ("Always lock it," they upward: I want to be listened to, I want THIS IS THE LOOK OF TEXAS warn. They are from New York.) First midnight laughter in my kitchen. And thing each morning, I get on the bike and TODAY and the Texas Observer things I didn't know I wanted offer has its independent eye on all of it. head out my driveway, past the white- themselves here; I daydream of chocolate roofed houses on Sea Gate Drive and We offer the latest in corporate cheesecakes and red grapes and realize scams and political scandals as well down Hibiscus to South Ocean that in Austin I eat like I put gas in my Boulevard, the waterfront road. I pump as articles on those who have other, car, a twenty-minute breakfast at a Mex- and more humane, visions of what the bike along the bumpy gray sidewalk. ican place, a carry-out sandwich for sup- Boys in red cars whistle. our state can be. Become an Ob- per. server subscriber today, order a gift At first from South Ocean, the Atlan- The ocean, of course, is tonic. I for a friend, or instruct us to enter a tic is hidden by tall shrubbery and big old dream, the ocean roars. I walk beside it, library subscription under your pa- pastel-colored houses. Where the houses the ocean roars. I fall asleep in the sand, tronage. end, the road moves closer to the sea and the ocean roars. I think a sad thought and passes a beach club where two men wait cry. The ocean keeps on roaring. It under an awning to park members' cars. doesn't care yet is infinitely giving. It Then I can see water, above the dunes, leaves me purple man o' war, shells, and Send the Observer to — and then before me is the beach, marked soft yellow seaweed. by footprints and the tiretracks of the In town I ride the bike to the shady name early morning litter truck. The ocean news-and-tobacco stand. In my grand- spreads out blue and silver in the sun. parents' house I stare into mirrors — am I lock my bike to a wooden fence in I pretty? — and take long showers in the address a dune, put the key in my pocket, and cool bathroom, curtain billowing, sun on walk. yellow-green leaves outside, mock- city state zip Some things frighten me here. I am ingbirds' and the neighbor man's voices afraid to ride my bike to the beach at floating in: "Would you like a glass of ❑ this subscription is for myself water or anything, Molly?" ❑ gift subscription; send card in my name night, so I don't — though I long to. I ❑ $20 %enclosed for a one-year subscription am afraid sleeping in the house alone. It Late at night I go into the kitchen, ❑ bill me for $20 was my grandparents' house, and my where I have left only a tiny light on grandfather died here. I am scared of the above the stove. The burners and a piece My name & address (if different) — room where he died. Does his ghost live of smooth white drainboard are il- luminated. I boil water in the teakettle name and brew myself a cup of tea. I sit in bed Frequent Observer contributor Nina and drink it. Outside the window, Butts is in Florida for a few weeks. crickets make a soft and constant song. ❑ address

city state zip Life Insurance and Annuities Martin Elfant, CLU 4223 Richmond, Suite 213, Houston, TX 77027 SutiFe THE TEXAS OBSERVER (713) 621-0415 OFCANADA 600 W. 7th, Austin, Texas 78701

THE TEXAS OBSERVER 29 0 SOCIAL CAUSE CALENDAR° Notices on upcoming events must reach NLG MEET Fellowsh 732-9927; Proyecto Hospitalidad, the Observer at least three weeks in The Texas-Oklahoma region of the Na- 736-9306 (leave message); Residents Organized advance. tional Lawyers Guild is having a regional for Better and Beautiful Environmental Development (ROBBED), 226-3973; S.A. Ad PHOTO EXHIBIT meeting, July 8-10, Buscher State Park, Hoc Committee for P and Disarmament, Recent works by Austin photographers near Austin. Presentations will be on Cen- 736-2587; S.A. Demo. League, 341-7361; S.A. Ave Bonar, Mark Goodman, Bill Ken- tral America, civil rights, and other mat- Forum on Energy, 653-0543; S.A. Gay nedy, and Alan Pogue will be on view at ters of interest to this region. Registration Alliance, Box 12063, 78212; Sierra Club, fee based on income. To register contact 271-7169; Tx. Fathers for Equa Rights, Austin' Laguna Gloria Art Museum, June 337-6803; UNICEF, 828-4528; United Cam- 17-July 31, with an artists' talk on June Victor Hunt, 2106 6th St., Brownwood puses Protesting Nuclear War, 732-2722; Viet- 23, 8 p.m. Also at Laguna Gloria during 76801, (915) 646-6474 or 643-3581. nam Vets. Against War, 533-9693; Women's Political Caucus, 828-3061. this time will be 50 panorama photographs REFUGEE AID taken around the world over the past 70 DALLAS years by San Antonio photographer E. 0. Aid for Guatemalan refugees in southern Mexico is being collected by the Dallas ACLU, 651-7897; ACORN, 823-4580; Goldbeck. The artist will give a lecture on Arms. for Demo. Action, 368-8931; Armadillo July 10, 2-4 p.m., at the museum. Friends Service Group and Casa Ametica Libre Mennonite Group. To donate money, Coalition, 349-1970; Bois d'Arc Patriots, 827-2632; Bread for the World, Joe Haag, VIETNAM ARCHIVES clothing, or medicines, call (214) 256-7069 741-1991)(298; Casa America Libre, 942-9413; Vietnam War veterans are attempting to or 526-4232. Ctzns. Assn. for Sound Energy (CASE), establish archives for first hand information NATIONAL WOMEN'S 946-9446; Ctzns. Party, 352-1239; Clean Air on the Vietnam War. Send inquiries, infor- CONVENTION Coalition, 387-2785; Comanche Peak Life mation, and encouragement to Oscar Pat- Force, 337-5885; Cmte. in Solidarity with the The Texas Women's Political Caucus People of El Salvador, 375-3715; Dallas terson III, Texas Tech University, Box will host a major national convention in San Friends Service Group, 321-8643; Dallas Gay 4710, Lubbock 79409. Antonio, July 8-10, Hyatt Hotel and Con- Alliance, 528-4233; Dallas Inter-Religious Task NATURE CLEAN-UP vention Center. Training sessions and Force on Central America, 375-3715; Dallas UN Assn., 526-1853; E. Dallas Nghbrhood The Sierra Club and Nature Conservan- workshops will feature presentations by leading feminists and political figures in- Assn., 827-1181; Environmental Health Assn., cy of San Antonio will have a work 620-0620; Fellowship of Reconciliation (FOR), weekend at their recently purchased Honey cluding Liz Carpenter, Nancy Kassebaum, 370-3805; Fredrick Douglass Voting League, Creek Tract, June 25-26. Call Susan Rust, Eleanor Holmes Norton, Pat Bailey, Patsy 426-1867; Hard Times News, 942-4236; (512) 653-3105, to find out where to meet Mink, and Ellen Burstyn on such topics as Human Ecology Research Foundation, and how to help with this renewal project. feminism and the arms race, energy 620-0620; Humanists of North Tx., 381-1818; policies, women in politics, fundraising, Lawyers' Alliance for Nuclear Arms Control, PEACE MARCH women in the workplace, and PACs. A din- 43 Charles St., Suite 3, Boston, 02114; Lesbian ner honoring women elected to government Rights Task Force (Dal. Co. NOW), 742-6918; October 1983 will see coordinated office, a political cartoon auction, and Neighborhood Info. & Action Service, demonstrations in Europe and the U.S. op- 827-2632; 659-5254; speeches by presidential hopefuls Hart, N. Lake Col. Solar Club, posing placement of the Pershing II and Cranston, and Mondale will be part of the Cruise nuclear missiles in Europe. The entertainment. Registration is $50. Call Austin Peace and Justice Coalition is call- (512) 828-3061 for more information, or ing a statewide demonstration in Austin, to register. Oct. 22, as part of the protests. To co- sponsor, endorse, or get more information Progressive Organizations contact Austin Peace and Justice Coalition, 1022 W. 6th St., Austin 78703, (512) For some weeks now, the Observer has been updating its mailing list of progressive organiza- 474-5877 or 263-2586. tions. Those groups that did not respond to our mailing, or could not be reached by phone or CENTRAL AMERICA CONFERENCE mail, were dropped from the list. Please send us Plans are underway for a major con- the name, address, and phone number of any ference on Central America Oct. 14-15, group we've omitted. The list is available for a Incarnate Word College, San Antonio. $5 processing fee to any group deemed pro- Sponsors in San Antonio Interreligious gressive in purpose. We expect to begin filling orders for the list in June. The Observer especial- and Latin American assistance groups, ly thanks those friends who helped with the up- and the regional American Friends Ser- dating task. vice Committee. For program information call Chris Weigle at (512) 733-5513 or SAN ANTONIO John Booth at 828-0977. ACLU, 224-6791; Alternatives to Imprison- ment, Box 27393, 78227; Amnesty Int'l., PEACE PILGRIMAGE 734-8692; Bread for the World, 494-1042; Citizens Concerned About Nuclear Power, Several Dallas and Ft. Worth area 653-0543; Civil Rights Litigation Center,

peace and human rights organizations, 224-6726; Common Cause, 494-5676 Com- lco a church groups, and community organiza- munities Organized for Public Service (COPS), c is tions will participate in a walk from the 222-2367; Fellowship of Reconciliation, n 822-9631; Habitat for Human 822-9900; Inter- Dallas Naval Air Station to Carswell Air Ma University Faculty Network, 436-3107; Inter- Force Base, July 3-4, as a peaceful com- national Center for Peace Through Culture,

memoration of Independence Day and as a 822-0461; Interreligious Task Force on Cen- Nancy gesture of solidarity with the Washington, tral America, 432-1125; Latin- American Assistance, 736-9306; by D.C., to Pantex Plowshares Pilgrimage. Metropolitan Congrega- to One group wil leave July 1 from the tional Alliance, 349-2401; Mexican-American Democrats, 223-1776; NAACP, 224-7436; Pho Glenrose nuclear power facility to joi the Padres, 736-1330; Pax Christi, 732-2136; Peo- main march in Ft. Worth. For more infor- ple for Peace, 822-3089; Physicians for Social New Braunfels organizer. mation call (214) 375 3715 or 337-5885. Responsibility, 735-8044; Presbyterian Peace

30 JUNE 24, 1983 N. Tx. Abortion Rights Action League (NTARAL), 742-8188; NOW (Dal. Co.), 742-6918; NOW (N. Dal.), 494-2990; Pro- gressive Voters League, 376-1660; Resistance Cmte., 942-4236; Sierra Club, 369-5543; Tx. Tenants Union, 823-2733; UNICEF, 241-7807; War Resisters League, 337-5885; West Dallas Involvement Cmte., 1902 Bickers, 75212.

Emerson Press presents just in Alan Pogue, whose photo- time for the tricentenial celebra- graphs have enhanced the Observer for over a decade, has tion of German immigration to won this year's Dobie-Paisano the United States: Award. The annual award provides

two artists — traditionally writers

— with a six-month grant, in- ue cluding free board at the prestigious Pog J. Frank Dobie ranch. The project n A bilingual anthology, English

Pogue hopes to complete between Ala and German, of works by 29

August and January is sixty port- by German and Austrian women, to

folios of Mexican farmworker ho 1938-1983. 395 pages. $11.80. prints — 1,200 prints in all. p Well known for his documenta- IN HER MOTH. ER'S TONGUE Bilingual Updated Edition at Reisegeoack Somme tion of farmworker life, Pogue cur- Women Authors wno Live in me U.S. and write m German The $10 "Vv. rently has fourteen prints in a show running through July at the Laguna Program • Gloria Art Museum. The other We invite organizations and individuals award winner this year is Cheryl to sell new one-year Observer subscrip- Cessna, a writer from Cleveland, tions. For each subscription the selling or- Texas. ganization or individual will receive $10 commission. Like most publications, the Observer spends almost that obtaining a new sub- scription by mail. We prefer, however, that the money go to hard-working groups NOW YOU or individuals instead of to the post office and paper companies. CAN PUSH Organizations and individuals au- thorized to sell subscriptions under the THE BUTTON program will be provided with forms and TOM__PA sample copies. The only requirement is that individuals who wish to try this must NUCLEAR WAR. have their own subscription paid up at the They have their hotline. Now we have ours. regular $20 rate. Commissions on sub- Call toll-free and order your Nuclear War scriptions to be billed will be paid on re- Prevention Manual, the detailed guide to nu- ceipt of the bill payment. Neither renewals EMERSON PRESS clear war and everything you can do to stop it. nor subscriptions for a period shorter than It might just be the most important phone call a year receive commissions. 1136 Emerson you ever made. Made possible by the Cam- If you want to take part in this program, Denver, CO 80218 paign Against Nuclear War and its affiliated contact the Observer at 600 W. 7th St., Austin, Tx. 78701, or phone 512-477-0746. organizations. ($5 suggested donation.) (303) 861-4045 THE No PAC's or campaigns, please. NUCLEAR HOTLINE

800-528-6050 EXT . ' 99 CHEESE t CAKE ON THE RIVERWALK SERVING SANDWICHES TO SEAFOOD, Aloe, FROM 11:30 UNTIL 11:30 EVERY DAY OF THE WEEK; 4kangaroo OPEN TILL MIDNIGHT IN THE METRO CENTER, SAN ANTONIO, TEXAS one Public Media Center

THE TEXAS OBSERVER 31 Postmaster. If undeliverable, send Form 3579 to The Texas Observer, 600 W. 7th, Austin, Texas 78701

Maverick Books presents the gifts that keep on giving. For any special occasion or just pure en- joyment order from our list of fine western books by John R. Erickson: Hank The Cowdog $5.95 paper Hank the Cowdog Tape set $19.95 Panhandle Cowboy $5.95 paper • • a great moment in the history of American civil liberties."—Gore Vidal Modern Cowboy $15.95 cloth The Devil in Texas $5.95 paper Through Time and the Valley $7.95 paper TRIAL Complete autographed set $39.95. Add 5% FEAR ON sales tax for Texas residents. $1.00 postage on John Henry Faulk single orders, 50$ per book on multiples.

Foreword by STUDS TERKEL /er, AVER.' CK First published in 1964,. John Henry Faulk's dramatic --=.;17780 OOKS account of his six harrowirig years on the "blacklist" 1101 Baylor remains a timeless, searing indictment of the subver- Perryton, Texas 79070 sion of civil rights. During the McCarthy era, Faulk was host of his own radio program in New York when he publicly challenged AWARE, an ultrapatriotic group engaged in the blacklisting of entertainment $17.50 figures. In response, AWARE accused Faulk himself of $7.95 Paperback subversive associations. With Louis Nizer as his attor- At bookstores ney, Faulk brought suit against AWARE. Thus began one of the landmark civil rights cases of this century. Although many famous people were involved in the Faulk case, the hero is Faulk himself, a man who—in the words of Studs Terkel—"faced the bastards and beat them down."

Fine Food and Drink located behind the historic Tarpon Inn, Port Aransas. University of Texas Press Box 7819 Austin, Texas 78712 Open Daily. (512) 749-5555

CLASSIFIED TEXAS BOOKS & AUTHORS MAGAZINE: SUNBELT COMIX — "Hammers," "Yankee $10.00 for six issues. Write Dept. A-6, Box 13622, Funnies," "Watermelon Acres," and other NUCLEAR ARMS CONTROL HOTLINE. Call Houston 77007. stories about life in the sunbelt. $1 a copy, plus (202) 543-0006 to get the latest information on arms WE DON'T EXPECT EVERY WOMAN to join 37C postage. Sunbelt Comix, 10149 Hammerly control and military budget legislation, and what #28, Houston, Texas 77080. you can do about it. Updated weekly. 100 Maryland the National Organization for Women. Just the Avenue NE, Washington, DC 20002. Council for 100,000,000 who are discriminated against and the LEGAL RESEARCH. LAW STUDENTS pro- a Livable World. men who care. $27. Texas NOW, Box 1131, vide reasonably. Mark Ryan, "Law," Box 116, Richardson, TX 75080. Dallas, Texas 75275. JOIN THE ACLU. Membership $20. Texas Civil Liberties Union, 600 West 7th, Austin 78701. PENN JONES of Midlothian raised a stink while . almost everybody else was "going along." A few BACKPACKING — MOUNTAINEERING — DRAFT REGISTRATION QUESTIONS? Draft copies remain of H. C. Nash's study of one of the RAFTING. Outback Expeditions, P.O. Box 44, counseling available from American Friends Ser- most tenacious critics of the Warren Report: Terlingua, Texas 79852. (915) 371-2490. vice Committee, 1022 W. 6th, Austin 78703 (512) Citizen's Arrest: The Dissent of Penn Jones, Jr., FREEWHEELING BICYCLES. 2404 San 474-2399. in the Assassination of JFK. Cloth $7.95, pg. Gabriel, Austin. For whatever your bicycle needs. $2.95, plus $1.00 handling. H. C. Nash, 812 Col- LECTURES ON HUMAN EMOTIONS — one onial Ave., Colonial Beach, VA 22443. lecture or a series. Lois Fahs Timmins, Ed.D. 22 BOOK HUNTING? No obligation search for rare years psychiatric experience. Inquiries welcomed. WHEATSVILLE FOOD CO-OP. 3101 or out-of-print books. Ruth and John McCully, AR- 6145 Anita St., Dallas, Texas 75214. Guadalupe, Austin 78705. Open 9-9. JAY Books. (512) 263-2957. 2500 River Hills Road, Austin 78746. COMMUNITY ORGANIZERS — ACORN RESEARCH/WRITING/EDITING HELP: needs organizers to work with low and moderate Literature reviews, finished drafts, revised drafts, DUGGER & SON INC. Homebuilding, commer- income families in 16 states for political and copy editing, proofreading. I am particularly in- cial building, remodeling, additions, repairs, fences. terested in helping legislative committees research Write Gary Dugger at 3103 Wabash, Austin 78705, economic justice. Direct action on neighborhood or come by. deterioration, utility rates, taxes, health care. Tangi- and prepare mandated interim reports. Former ble results and enduring rewards — long hours and Senate Journal and Legislative Council pro- Classified advertising is 30¢ per word. Dis- low pay. Training provided. Contact ACORN at ofreader. Thirty-five years of freelance writing counts for multiple insertions within a 12- (214) 823-4580, Dallas; (817) 924-1401, Ft. Worth; experience. Jack M. Swartout, 300 Brentwood month period: 25 times, 50%; 12 times, 25%; 6 (713) 523-6989, Houston; (512) 442-8321, Austin. Drive, Austin, Texas. (512) 453-7517. .times, 10%.

32 JUNE 24, 1983