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Highlights Monday from the Texas Legislature

Tuesday, March 25, 2003

AUSTIN (AP) - All but one of the 12 Senate Democrats are unhappy with a proposed bill to change the way homeowners and auto insurance rates are regulated. In a letter to Lt. Gov. David Dewhurst, they said the bill does not bring real reform and they will not support the bill unless changes are made to it.

"We cannot vote to allow the bill to leave the Senate Chamber unless it contains, at a minimum, significant improvements to protect consumers and improve accountability and transparency in the market and at the Texas Department of Insurance," the Democrats said in a letter to Lt. Gov. David Dewhurst.

The Senate tentatively is scheduled to debate the bill Thursday. Senate rules require 21 senators to vote to bring up a bill on the Senate floor if all members are present. With 11 senators against the bill, there would not be enough votes to give the bill a debate.

Sen. Troy Fraser, Republican chairman of the Senate Business and Commerce Committee, criticized the Democrats, saying that several of them who signed the letter were at a news conference a few weeks ago to explain terms of a bipartisan compromise reached on the legislation.

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BUDGET WOES

Gov. Rick Perry and Lt. Gov. David Dewhurst disagreed Monday about using one-time money sources such as the state's rainy day fund as a way to balance the state's budget.

The two Republican leaders spoke separately to the Texas Daily Newspaper Association, and both discussed the $9.9 billion budget shortfall.

Dewhurst repeated his stance that legislators need to consider using some or all of the rainy day fund, an emergency account containing about $1 billion. He also outlined several other possible "non-tax" revenue sources for the budget -- for example, deferring $200 million in payments for textbooks.

Later in the day, Perry said legislators have to dig deeper and find places to cut administrative costs from state programs rather than relying on one-time money sources such as the rainy day fund and accounting "sleights of hand."

He criticized the tactic of deferring large payments to the next budget cycle so that certain state bills don't have to be paid immediately.

But Perry said he does want to use $390 million from the rainy day fund for a proposed "enterprise" fund to lure businesses to the state.

Dewhurst later told reporters he was confused by the governor's message.

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LIMITING LAWSUITS

Key House Democrats urged Texas doctors to weigh in on the increasingly partisan political fight to separate proposed medical malpractice reform legislation from another sweeping bill that would limit lawsuits in Texas.

House Speaker Pro Tem Sylvester Turner, D-Houston, and a group of other Democrats promised that if doctors voice their support for separating medical malpractice reform, they would get relief from skyrocketing insurance premiums.

The combined bill is to be debated in the House again Tuesday.

At issue is a decision by a Republican-led House committee to roll a medical malpractice bill into a separate civil lawsuit reform proposal. Some Democrats have argued that joining the two bills was a political ploy, forcing lawmakers to choose between voting for both or neither.

Lawmakers have said legislation to address high medical malpractice insurance rates in Texas is necessary as many health care facilities are closing their doors, limiting medical access in rural and inner-city areas of the state.

House Republicans and Republican Gov. Rick Perry support considering a combined bill.

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COMPUTING CONTRIBUTIONS

The House on Monday gave preliminary approval to a bill that would require all statewide and legislative candidates -- except themselves -- to electronically file campaign contribution reports with the Texas Ethics Commission.

House Bill 999 by Rep. Jerry Madden, R-Plano, would remove the exemption in state laws that say candidates do not have to file electronically if they say they don't have the proper computer equipment.

His bill encountered resistance from rural and veteran representatives who said they prefer filing paper reports.

"You're going to make me buy a computer?" asked Rep. Roberto Gutierrez, D-McAllen.

Madden told opponents to use computers at public libraries or ask volunteers to submit the electronic reports, which give the public quicker access to campaign records.

Rep. Talmadge Heflin, R-Houston, tacked on an amendment that says current officeholders would not have to follow the new law, should it pass.

That angered watchdog group Campaign for People.

"For our legislators to exempt themselves from the requirements they are imposing on their challengers sets a double standard, to say the least," said president Fred Lewis.

The House is scheduled to take a final vote on the bill Tuesday.

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LIGHTS ON

Drivers using their windshield wipers would be required to turn on their headlights under legislation given preliminary approval in the Senate on Monday.

Sen. Jeff Wentworth, R-San Antonio, sponsored the bill. He said that if it is raining hard enough for a person to use their windshield wipers, it makes sense that they also turn on their headlights as a precautionary measure.

Several other states, such as Virginia and North Carolina, have similar laws, he said.

Failure to comply with the rule could result in a $1 to $200 fine, Wentworth said.

Sen. John Whitmire, D-Houston, told lawmakers he would vote against the bill, saying it would bring government "to the front seat of our car."

The bill is expected to get final approval Tuesday.

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SOLDIER TAXES

U.S. armed forces members on active duty during a war or national emergency would get a 60-day grace period to pay their property tax bill without penalty under legislation approved Monday in the Senate.

Right now, the grace period applies to members of the armed forces serving in the Persian Gulf.

The bill by Sen. Jane Nelson, R-Lewisville, applies to those serving out of state because of a war or national emergency or to a person in the reserves who was placed on active duty and transferred out of state because of a war or national emergency.

Under the bill, the person may pay the delinquent property tax no later than the 60th day after the first of the following instances occur: the person is discharged from active military service; the person returns to the state for more than 10 days; the person returns to non-active duty status in the reserves; or the war or national emergency ends.

The bill now moves to the House.

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QUOTE OF THE DAY

"It's just like building up the balances on a credit card when you know you don't have the income to afford it." -- Gov. Rick Perry, criticizing proposals by lawmakers to use accounting measures and one-time money sources to deal with the $9.9 billion shortfall.

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