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Thursday, March 3, 2016 Board bars DPS chief doctor from upholds firing B Metro&State treating female of trooper over

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NEW DETAILS ELECTION 2016 CENTRAL TEXAS 130 Chapter Primary result: New faces abound 11 sought Both Travis County and Williamson County will son Travis County sheriff’s in a primary election that had have new sheriffs and district attorneys. race that seemed destined for the highest turnout — 37 per- by tollway a runoff. Sheriffeg Gr Hamilton cent — since the 2008 primary, isn’t seeking another term. according to the Travis Coun- By PhilipJankowski ic nomination for Travis Coun- On Wednesday, local polit- ty clerk’s office. Gina Hinojo- operator and Claire Osborn ty district attorney in what ical experts were still assess- sa won a majority in the race [email protected] experts saw as the primary’s ing the district attorney’s race, for District 49’s state represen- [email protected] most shocking voting result, but the consensus was that tative (second place also went SH 130 Concession Co.’s with Moore handily defeating both Hernandez and Moore to a woman), and Tamara Nee- Travis and Williamson coun- the man who was once consid- were aided by women voters. dles defeated Judge Jim Coro- payments lag on about ties will see sweeping chang- ered the clear successor to the “The sheriff’s race, especial- nado in the primary for 427th $1.7 billion of debt. es in their top criminal justice post being vacated by Rose- ly,” political consultant David District Court seat. officials after Tuesday’s prima- mary Lehmberg. Butts said. “That is probably Only one woman lost to By Ben Wear ries assured that both counties Precinct 3 Constable Sal- where the power of the wom- a male challenger in a Tra- [email protected] will have a new sheriff and dis- ly Hernandez also pulled off a en’s vote is most evident, no vis County race. Brad Urru- trict attorney. surprise by narrowly winning question.” tia defeated Chantal Melissa The company operating the Margaret Moore cruised to a majority of the Democrat- Indeed, women notched southern 41 miles of Texas 130, victory, earning the Democrat- ic primary vote in a four-per- several wins in Travis County Primary continued on B6 a tollway that has struggled with light traffic and heavy debt since opening in late 2012, filed for Chapter 11 bank- TEXAS INDEPENDENCE DAY ENVIRONMENT ruptcy protection Wednesday afternoon in federal court. That will put before a feder- Texas’ independence celebrated Plan to al court negotiations over SH 130 Concession Co.’s lagging payments on about $1.7 billion protect of debt owed on the four-lane road, a figure that includes $1.27 billion in principal and more than $400 million in lizard unpaid interest, expenses and fees. About $500 million is owed to the federal govern- upheld ment under a low-interest loan program for transportation projects, and payments on Appeals court says that portion of the debt begin state’s conservation in 2017. In its filing for bankrupt- approach is adequate. cy protection, the compa- ny (which depleted a $65 mil- By Eric Dexheimer [email protected] Tollway continued on B5 Texas’ voluntary and private- ly administered plan to protect Georgetown the dunes sagebrush lizard is TxDOT legal and adequate to protect section 183 the species, a federal appeals opened court ruled Tuesday. The deci- 2006-08 sion appears to end challenges 130 to the state’s conservation plan by environmental groups that Privately argued Texas’ efforts are unen- operated 290 71 forceable and so leave the spe- section 35 cies vulnerable to development opened in by oil and gas companies. 2012 The U.S. Fish and Wild- San Marcos life Service had proposed list- Lockhart Men in period costumes fire a volley on Wednesday in honor of those who fought and died in the Texas Revolution. ing the species as endangered 130 183 Wednesday marked the 180th anniversary of Texas Independence Day, when settlers in Mexican Texas declared in 2010. Because the lizard is independence from Mexico. Celebrate Texas organized activities that featured a musket volley on the grounds of found primarily in West Tex- Seguin 35 the . See more photos at statesman.com. RALPH BARRERA / AMERICAN-STATESMAN as lands that are rich with oil 10 and gas, petroleum compa- N nies were concerned it would San Antonio 10 miles have had a dramatic impact on HEALTH exploration and drilling. So, ROBERT CALZADA / STAFF led by then-Comptroller Susan Combs, the state in 2012 pro- State board scraps proposed rule posed instead an alternative plan to protect the species. PUBLIC ART Yesterday’s court decision restricting ‘distance’ counseling said: “The focus of the Tex-

$1.1 million Proposal’s foes said as a video call. “There’s very little support for Lizard continued on B5 rule would cause fewer In addition, the Texas State this rule,” Christopherson said donated Board of Examiners of Profes- at that meeting. He added that people to seek help. sional Counselors said it didn’t those making comments point- see problems indicating the ed out that not allowing the use for Waller By MaryAnn Roser rule was needed, said Steven of technology for counseling cli- [email protected] Christopherson, chairman of ents in rural areas where mental the board’s rules committee. health professionals are sparse Creek art After receiving overwhelm- “We haven’t really seen a could cause fewer people to ing opposition from counsel- pattern of complaints,” he told seek help. Marcus Foundation ors, a Texas regulatory board the board. “Show us a pattern The rule was proposed for The U.S. Fish and Wildlife Service gives money to the scrapped a proposed rule of complaints, we’ll show you safety reasons, so counsel- had proposed listing the dunes Wednesday that would have a rule.” ors could get a better handle sagebrush lizard, found mainly in Contemporary Austin. required an in-person session The rules committee took on who they were treating, oil-rich areas of West Texas, as before a therapist could pro- up the rule earlier in the day endangered in 2010. MIKE HILL / U.S. ByJeanne Claire van Ryzin vide “distance” services, such and agreed it wasn’t needed. Counseling continued on B6 FISH AND WILDLIFE SERVICE [email protected]

The future of public art along Austin’s Waller Creek CENTRAL TEXAS WEATHER received major support thanks to a $1.1 million donation February weather summary from the Edward and Betty El Niño continued as Marcus Foundation that was With all but 10 days of high temperatures at or above announced Wednesday. 70 degrees, this February at was the 8th ‘El Nada’ in February Melba Whatley, chair of the LABELwarmest XXXXY on record. The only significant rainfall of the Dallas-based foundation, made month occurred on the 23rd. the announcement at the pre- Colder, wetter weather times reaching into the low- view opening of “Hurlyburly,” Daily temperature Monthly anticipated for month er 80s, winter was effective- a massive, site-specific installa- Austin-Bergstrom International Airport rainfall ly over by the end of February, tion made of repurposed lob- never materialized. a month that also brought lit- 110°110 High Normal: ster rope by artist Orly Genger 100100 2.31” tle rainfall to the Austin area. that is on view on a stretch of 9090 Normal high By Marty Toohey The winter of our discontent, public park adjacent to the 8080 [email protected] it was not. 7070 Waller Creek Boathouse. 6060 All but 10 days of February On hand for the announce- 5050 60 1.14” El Niño “sputtered.” saw temperatures climb to 70 ment were Mayor Steve Adler; 4040 El Niño “has been a weird one.” degrees or above, according 3030 City Council Members Kath- 2020 Normal low El Niño’s anticipated rainfall to the National Weather Ser- Low ie Tovo, Leslie Pool and Sabino 1010 was “El Nada.” vice. The only significant rain- 0 0 “Pio” Renteria; and state Rep. 1357 9 11 13 15 17 19 21 23 25 27 29 However you want to put fall for the month fell during a Eddie Rodriguez, D-Austin. it — those assessments came few predawn hours the morn- The $1.1 million is being Camp Mabry from Central Texas meteorol- ing of Feb. 23, when the Austin 110°110 Normal: ogist Bob Rose, Houston mete- metro area saw up to 2 inches High Record Donation continued on B6 100100 2.02” orologist Matt Lanza and Aus- of rain. 9090 Normal high Matched record of 83° 8080 tin weather spotter Michael “Winter hardly showed up 7070 Lyttle, respectively — February in Austin,” said Rose, the Low- “HURLYBURLY” 6060 1.34” wasn’t the kind of month that er Authority’s 5050 PUBLIC OPENING 4040 El Niño was expected to usher meteorologist. According to When: Noon to 3 p.m. Saturday 3030 in. El Niño is typically associat- Rose: Where: Waller Creek Boathouse, 2020 Normal low ed with colder and wetter con- ■Since Dec. 1, only 4.68 inch- 10 Low 72 Trinity St. 10 ditions than usual in Central es of rain fell at the Camp Mabry 00 Tickets: Free 1357 9 11 13 15 17 19 21 23 25 27 29 Texas. It tends to make winter weather station in Central Aus-

Information: 512-453-5312, Sources: National Weather Service, Lower Colorado River Authority, KVUE feel more like winter. thecontemporaryaustin.org LINDA SCOTT/STAFF Nope. With highs some- Weather continued on B6 Page 6 CMYK

B6 AUSTIN AMERICAN-STATESMAN | THURSDAY, MARCH 3, 2016

Counseling tors can treat patients. The board exempt- continued from B1 ed mental health physi- cians because of concerns he told the Statesman. It about access to that care. was similar to a rule pro- A 2014 state report says posed three years ago and 201 counties out of 254 withdrawn in the face of had mental health provid- strong opposition. er shortages. In 174 coun- Bob Batlan, a board ties, there wasn’t a single member of the New Life psychiatrist. Institute, an Austin non- After the medical profit thatov pr ides coun- board’s action, Lewis- seling services on a slid- ville-based Teladoc sued ing-fee scale, said he was the board, saying the rule thrilled to see the rule would harm its business, chucked. It would have reduce access to care and posed a hardship on some drive up costs. clients, many of whom The Texas State Board of Examiners of Professional Counselors meets Wednesday at the Travis Building. The board In December, a federal are low-income, he said. agreed to continue to let licensed professional counselors hold sessions via distance technology. A new rule had been judge in Austin denied the “We want to be able proposed so counselors could get a better handle on who they were treating. LAURA SKELDING / AMERICAN-STATESMAN medical board’s attempt to treat people in the to dismiss Teladoc’s law- most economical way,” suit. With a trial pend- said Batlan, one of sever- the committee held a pub- provide medical and with many private insur- boards are moving against ing, Teladoc is continuing al members of the pub- lic hearing on the pro- counseling services at a ers covering the care. the tide. business as usual, a com- lic attending the commit- posed rule but instead distance, often with the But physician and mental In April 2015, the Texas pany spokeswoman said. tee meeting and full board referred to written com- provider in an office and health providers of what Medical Board approved session. ments. the patient at home, is is called telemedicine, a rule requiring an in-per- Contact Mary Ann Roser Neither the board nor Using technology to accelerating nationally, or telehealth, said Texas son session before doc- at 512-445-3619.

Primary HAYS COUNTY SHERIFF’S RACE continued from B1 Hays County Sheriff Gary Cutler won a decisive victory Eldridge 53 percent to 47 over a longtime political rival percent in the primary in Tuesday’s Republican for 450th District Court primary. judge, which experts pre- It was the third time Cutler dicted would be a close faced off against former contest. SheriffTo mmie Ratliff in a “It’s not like you get contentious campaign in elected just because which Ratliff accused Cutler you’re a woman, but it of criminal misconduct in does help,” Butts said. his handling of a complaint “The primary was obvi- made against an investigator ously driven by the pres- at the sheriff’s office. idential race on the Dem- Cutler will face Democratic ocrat side. You had a lot challenger Rodrigo Amaya in more young voters, prob- November’s general election. ably disproportionately A Cutler win would female, if I had to guess.” increase the likelihood that But it was apparent Hays County taxpayers that Cobb’s campaign will be asked to fund the was hampered when the construction of a new county details of a decades-old jail.The jail is at or near vitriolic dispute over his capacity almost every day, 1994 divorce came to light. prompting the county to pay “Obviously a signif- to send inmates to other icant majority of vot- counties’jails. ers knew about Gary’s Cutler has said he would issues and made a deci- support a bond for a new jail. Nanny Paula Hersey helps her 19-month-old charge, Luke, scale the hills of“Hurlyburly,” a new site-specific art tains llation sion based on that,” polit- made of repurposed lobster rope by artist Orly Genger. The work, which runs along the south end of Waller Creek where it ical consultant Mark Lit- BASTROP COUNTY connects to , was unveiled on Wednesday. TOM MCCARTHY JR. / FOR AMERICAN-STATESMAN tlefield said. “It is surpris- SHERIFF’S RACE ing how deep that infor- Two candidates emerged mation had penetrated Tuesday night from a packed Donation plenty of issues that it must collection as well as com- greater public.” without the TV advertis- Republican primary in a race attend to as it develops, missioned important Two years ago, the ing and other ads to dis- that will head to a runoff continued from B1 and bringing in the cura- site-specific temporary Contemporary commis- seminate that.” election. torial and art world exper- installations. sioned Genger to cre- In Williamson Coun- Maurice Cook and donated to the Contem- tise of the Contemporary The newly donated ate the repurposed rope ty, defense attorney Matthew Henderson both porary Austin to facili- to guide public art makes money will provide sup- installation “Current” for Shawn Dick beat Dis- secured nearly 30 percent tate a new collaboration sense,” said Whatley, who port for similar art proj- the amphitheater at Lagu- trict Attorney Jana Duty of the vote. Cook, a former between the museum and is on the board of both the ects along Waller Creek. na Gloria. For “Hurlybur- in the Republican prima- head of the Texas Rangers, the Waller Creek Conser- Conservancy and the Con- “This gift from the Mar- ly,” the New York-based ry. Since there is no Dem- and Henderson, the vancy, the private non- temporary. “The city prof- cus Foundation allows us artist repainted the rope ocratic opponent, Dick is Precinct 3 constable who profit spearheading the its enormously when there to follow our ‘museum used for the Laguna Glo- all but assured to become switched parties to run in transformation of the 1.5- is a collaboration like this.” without walls’ philosophy ria installation, recycling the new district attorney. the Republican primary, will mile stretch of Waller In 2013, the Marcus — to dovetail with Waller the material once again. Dick out-campaigned face each other in the May Creek downtown. Foundation gave the Con- Creek’s goals and to share “Hurlyburly” will be Duty, said Bob Phillips, one 24 runoff. Last month, the two temporary $9 million our resources to bring the celebrated Saturday with of Duty’s supporters who Eight candidates had filed private nonprofit organi- to create the Betty and best projects to the larg- a family-friendly public has been a criminal defense for sheriff in the primaryte af r zations announced that Edward Marcus Sculp- er community beyond opening from noon to 3 attorney in Georgetown for Bastrop County SheriffTe rry they had initiated a part- ture Park at the museum’s our own sites,” said Lou- p.m. The installation will more than 30 years. Pickering announced he nership to realize more 12-acre site is Grachos, executive remain on view through “She failed to speak at would not seek re-election. art projects along Waller along . director of the Contempo- February 2017. various candidate forums, Pickering served two terms. Creek, with “Hurlyburly” Since then, the muse- rary. “This is true collec- and it was kind of mysti- The winner of the runoff will being the first. um has added significant tion sharing — a way for us Contact Jeanne Claire van fying,” Phillips said. He face Democratic challenger “Waller Creek has a outdoor artworks to its to share art with an even Ryzin at 512-445-3699. also said there was “no Mike Renck in November’s doubt” that negative pub- general election. licity generated about the Crispin Harmel capital murder case “hurt her in vote. His closest competi- the election.” tor received 15 percent. “There’s no question Chody, who became a that case was a flashpoint millionaire when his wife for the campaign,” he said. won the lottery several Duty spent five days’ years ago, invested more time in jail for violating than half a million dollars a gag order in the Har- in his campaign, far out- mel case by talking to spending his opponents. an American-Statesman Political consultant reporter. Charles Carter said that Harmel’s first trial end- Chody won because “peo- ed in a mistrial, and his ple said he was not in the attorneys filed motions sheriff’s race for the mon- accusing Duty of with- ey but because he loves holding evidence in the law enforcement and case. Duty has repeated- wants to make a differ- ly denied the accusations. ence in the community.” The case is waiting on a Chody received numer- decision from an appeals ous law enforcement court over whether Harm- endorsements and orga- el can be retried. nized a “Police Lives Mat- With no Democrat- ter” march in Austin. ic challengers, Dick is “He’s very well-liked expected to take office among Republicans and Jan. 1 along with the the Commissioners Court new Williamson Coun- because he runs a top- ty Sheriff Robert Cho- notch constable’s office,” dy, who won the Repub- Carter said. Temperatures approached 80 degrees on Monday afternoon, giving way to outdoor activities for the adventurous lican primary in the race near Lou Neff Point on Lady Bird Lake. This winter had the fewest freezes since the 1997-98 season, KEYE-TV chief to replace retiring Sher- Contact Philip Jankowski meteorologist Chikage Windler recently noted.“So much for El Niño!”she tweeted. RALPH BARRERA / AMERICAN-STATESMAN iff James Wilson. Chody, at 512-445-3702. a Williamson County con- stable, outpaced his three Contact Claire Osborn Weather El Niño started by con- has now sprung, gives out in summer. fellow GOP opponents by at 512-246-0040. tributing to the torrential at least by one definition: Forecasters are giving winning 58 percent of the Twitter: @cosbo4 continued from B1 rains that led to devastat- Meteorological spring roughly even odds that ing floods in Hays County, started March 1. Astro- summer will, in turn, give tin, making it the 41st dri- southeastern Travis Coun- nomical spring starts way to a La Niña. That is Margaret est winter on record. ty and other parts of Cen- March 20. It isn’t clear basically El Niño’s evil Moore, who ■ Camp Mabry saw tral Texas. what the upcoming sea- twin, bringing even hotter won the only four freezes, the But that turbulent fall son will look like. Most and drier weather to Cen- Democratic eighth-fewest on record gave way to one of the mel- weather experts, includ- tral Texas than the region nomination for a winter. lowest winters on record, ing state climatologist generally sees. for Travis ■ The temperature dating back to 1897. The John Nielsen-Gammon, But who knows for County never dipped below 30 winter had the fewest say the “Godzilla El Niño” sure? Forecasting is still district degrees this winter. That’s freezes since the 1997-98 that seems to have passed a relatively new science, attorney, only happened twice season, KEYE-TV chief out on New Year’s Eve and weather in Austin, celebrates at before. meteorologist Chikage should struggle back to naturally, is weird. Threadgill’s. ■ It was the Windler recently noted. its knees and hurl wetter LAURA SKELDING sixth-warmest winter on “So much for El Niño!” weather at Central Tex- Contact Marty To ohey / AMERICAN- record at Camp Mabry. she tweeted. as until its strength finally at 512-445-3673. STATESMAN