by Legislative Media | May 28, 2015 | Politics
Digital driver’s licenses, such as now set up in Iowa, could be studied for use in Texas under a bipartisan measure being considered by the Texas Legislature.
Photograph By DIGITALTRENDS.COM
Texans could one day soon have the option of carrying virtual version’s of their driver’s license on their smartphone under legislation by Rep. Terry Canales, D-Edinburg, that is making its way through the state legislature. His proposal, originally contained in his House Bill 640, was attached as an amendment to Senate Bill 1934 on Monday, May 25. An amendment is a proposed change – either by adding new language and/or deleting existing language – to a bill or resolution as it moves through the legislative process. Canales was successful in adding the entire text of HB 640 to the language of Senate Bill 1934, by Sen. Donna Campbell, R-New Braunfels, which deals with changing requirements for driver’s licenses, personal ID information. “Recently enacted legislation allowed drivers to show proof of auto insurance on their smartphones and reports indicate that other states have passed similar laws,” Canales said of his HB 640. “In an effort to continue this digital trend, my legislation requires the Texas Department of Public Safety to conduct a study concerning the use of a digital image for identification and proof of licensure purposes.” Now, through SB 1934, which is awaiting a final vote by the House of Representatives, Canales’ idea would result in Texas developing a system where such digital driver licenses could become a reality in Texas within the next few years. “Other major states are looking at this option, and my amendment to SB 1934 would give us until the fall of 2016 to come up with the pros and cons, anticipate and fix any shortcomings, and protect the privacy of individuals who prefer to have digital versions of their driver license, rather than the plastic type,” said Canales. Iowa and Delaware are the first two states to set up such a system, while this spring, as of March 10, 2015, other states are also looking at similar measures, including Arizona, California, Illinois, Kentucky, New Jersey, North Dakota, and Tennessee. Under Canales’ amendment to SB 1934: The DPS would be required to conduct a study determining the feasibility of establishing a system to allow a person to use a digital image displayed on an electronic device for identification purposes or to prove that the person has a driver’s license; The DPS would evaluate risks to personal information security that such a system might create; The DPS would survey and evaluate digital identification and proof of licensure policies in other states; and The DPS would be required, not later than September 1, 2016, to submit a detailed report of its findings and recommendations to the legislature.
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by Legislative Media | May 27, 2015 | Politics
Featured: Rep. Terry Canales, D-Edinburg, speaking from the back microphone on the floor of the House of Representatives in April 2015.
Photograph By HOUSE PHOTOGRAPHY
Texans’ Fourth Amendment protections against unreasonable search and seizure would be better protected under legislation sponsored by Rep. Terry Canales, D-Edinburg, which would require police to obtain a search warrant from a judge before being allowed to look at the contents of a cell phone or other wireless communications device belonging to individuals who are involved in a search incident to arrest. In general, a search incident to arrest, formally known as a search incident to lawful arrest (SITA) or the Chimel rule, is defined as a legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the destruction of evidence. In addition to protecting Texans’ Fourth Amendment privacy rights, Senate Bill 1864 “gives our law enforcement officers a clean and clear description of how to handle the search of a cell phone,” Canales added. The measure, whose primary author is Sen. Konni Burton, R-Colleyville, passed the Senate on Thursday, April 30. Canales secured passage by the House Committee on Criminal Jurisprudence – of which he is a member – on Friday, May 21. Sen. Juan “Chuy” Hinojosa, D-McAllen, is a joint author of Burton’s SB 1864, which was approved by the Senate on Thursday, April 30. “Unless it is an emergency that involves the safety of our law enforcement officers, or the police reasonably believe the information in the phone is vital to saving someone’s life, a search warrant must be obtained before they can begin looking at all the information – some if it very private – that all of us have in our cell phones,” said Canales. He noted that when an individual is stopped for an alleged offense, police can examine a cell phone to make sure it can not be used as a weapon against them. “Police can look at the contents of a cell phone or other wireless communications device without a search warrant if the owner of the phone consents, the phone is reported stolen, or if the officer reasonably believes the phone is in possession of a fugitive from justice for whom an arrest warrant has been issued for a felony offense,” Canales added. According to U.S. Courts (uscourts.gov), the Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests, according to U.S. Courts. On one side of the scale is the intrusion on an individual’s Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety. Burton characterized SB 1864 as “a privacy protection bill that takes proactive steps to protect the Fourth Amendment rights of not only Texans, but of all who come to our great state. We now carry around with us everyday items that contain more personal information, photos, contacts, and transcripts of conversations than most people kept in their homes just ten years ago. A police officer looking through a cell phone’s contents is as invasive a search as rummaging through every private paper and item in your home.” In June 2014, the U.S. Supreme Court unanimously ruled that during a search incident to arrest, a warrant is required in order to search a cell phone or other wireless communication device. In his concurrence to that decision, Justice Samuel Alito called for legislatures to not allow privacy protections in the 21st century to rely primarily upon the blunt instrument of the Fourth Amendment, and to take up the challenge of placing into statue the protections necessary to guarantee those rights in this ever changing technological environment.
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by Legislative Media | May 24, 2015 | Politics
Featured, from left: Nelda Ramírez, Assistant Executive Director, Edinburg Economic Development Corporation; Agustín “Gus” García, Jr., Executive Director, EEDC; David Torres, newly-elected Edinburg City Councilmember; Mayor Richard García, who also serves as President of the EEDC Board of Directors; Cynthia Contreras Gutiérrez, Legal Counsel, EEDC; and Steven Cruz, III, immediate past member of the EEDC Board of Directors, at Edinburg City Hall on Wednesday, May 13, 2015.
Photograph By MARK MONTEMAYOR
Edinburg’s unemployment rate for April 2015 was 4.6 percent, representing the third consecutive month that the city posted a monthly rate under five percent, with McAllen, at 4.5 percent, being the only other major Valley city to come under five percent, the Edinburg Economic Development Corporation has announced. The EEDC is the jobs-creation arm of the Edinburg Mayor and Edinburg City Council. Edinburg’s unemployment rate, as calculated by the Texas Workforce Commission, was the best showing for the city during that month since April 2008, when it was reported at four percent by the state agency. Among its many duties, the Texas Workforce Commission provides information and analysis on shifts in occupations and industries within the state, including unemployment rates and employment figures, broken down by cities, counties, and regions in Texas, on a monthly basis. This latest positive news comes as Mayor Richard García , who also serves as President of the EEDC Board of Directors, is preparing to deliver his State of the City Address on Wednesday, May 27, at Edinburg Municipal Auditorium. The Edinburg Municipal Auditorium is located at 415 West University Drive, and is part of the Edinburg City Hall complex. His presentation, which is free and open to the public, begins at 11:30 a.m. It also will be televised live and videotaped for later broadcasting by the Edinburg Cable Network. “The annual presentation brings residents, city staff and civic leaders together to reflect on the city’s accomplishments from the past year and to review plans for the future,” said García. Edinburg’s April 2015 figure was lower than March 2015 (4.8 percent), February 2015 (4.8 percent), and January 2015 (5.1 percent). Edinburg’s April 2015 unemployment rate of 4.6 percent remained close to the Texas statewide average, which was four percent for April 2015, 4.2 percent for March 2015, 4.3 percent for February 2015, and 4.6 percent for January 2015, according to Texas Workforce Commission figures. The city’s latest performance also was better than the U.S. unemployment rate for April 2015, which was 5.4 percent, according to the U.S. Department of Labor, Bureau of Labor Statistics. The data represents an increase of 106 jobs in Edinburg when comparing the employment figures for April 2015 and April 2014. In April 2015, there were 35,480 persons employed in Edinburg, compared with 35,374 in April 2014. The April 2015 unemployment rate of 4.6 percent for Edinburg is also better than the annual unemployment rate in Edinburg for 2014, which was 5.8 percent – and that yearly rate was the best 12-month average from January through December since 2005.
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by Legislative Media | May 23, 2015 | Politics
Featured, from left: Michael McCarthy with MD Bio Scan; Sabrina Guerra, Senior Accountant, and Nilda VanHook, Chief Deputy, both with the Office of the Hidalgo County District Clerk; Laura Hinojosa, who is Hidalgo County District Clerk; and Jessica Treviño with Congressman Rubén Hinojosa’s Office, during an open house at the Hidalgo County Courthouse on Thursday, April 23, 2015. An additional $40 fee for the filing of civil lawsuits in Hidalgo County, of which the District Clerk Office serves as registrar, recorder, and custodian, is being proposed in state legislation designed to help generate millions of dollars, without raising property taxes, for the construction of a new Hidalgo County Courthouse.
Photograph By HILDA SALINAS
Legislation that could raise between $1 million and $2 million a year for the next 30 years to help pay for a new courthouse or renovations of the existing 64-year-old facility in downtown Edinburg – without increasing property taxes – has been approved by the House Committee on the Judiciary & Civil Jurisprudence, the Edinburg Economic Development Corporation has announced. The EEDC is the jobs-creation arm of the Edinburg City Council. Senate Bill 1964, by Sen. Juan “Chuy” Hinojosa, D-McAllen, was supported by that House panel on Wednesday, May 20, after Rep. Armando “Mando” Martínez, D-Weslaco, successfully offered an amendment to Hinojosa’s SB 1964 that could generate more money than originally estimated, but without increasing property taxes. Martínez and Rep. Terry Canales, D-Edinburg, are the primary author and joint author, respectively, of the companion bill for SB 1964. SB 1964, which is now on the way for action by the House of Representatives, has two major changes from the original version of SB 1964 approved by the Senate on Wednesday, April 29. Instead of authorizing the county commissioners court to charge up to an extra $20 for the filing of each civil lawsuit, as originally proposed, SB 1964 doubled that amount to $40. In addition, Cameron County was added to SB 1964, which would give the County Commissioners Court the same authority to raise revenue for their own courthouse plans, whether they involve a new courthouse or renovations to the existing structure in Brownsville. SB 1964, as approved by the House Committee on the Judiciary and Civil Jurisprudence, also would allow both county commissioners courts to collect an extra $10 fee for each filing of real property records. Real property records are official documents filed with the county clerk’s office such as mortgages, warranty deeds, deeds of trust, power-of-attorney, material liens, notices of foreclosure, oil and natural gas liens, mineral deeds, equity liens, and releases of liens. If the House approves SB 1964, it would have to go back to the Senate for their agreement on increasing the fee by up to $40 for the filing of civil lawsuits. After that, it would go to the governor for his approval. SB 1964 could help raise significant non-tax revenue for the construction of a $100+ million Hidalgo County Courthouse in the heart of Canales’ House District 40 legislative district. “The Hidalgo County Courthouse complex is one of the major economic engines, along with the University of Texas-Rio Grande Valley and its School of Medicine, that is part of a tremendous revitalization that is going on in deep South Texas,” Canales said. “Just as important, South Texans need a courthouse that provides a safe and secure environment for the administration of justice for individuals and businesses.” SB 1964 allows Hidalgo and Cameron counties to collect a civil courts filing fee similar to the one currently collected in Bexar, Hays, Dallas, Rockwall, and Travis counties to assist with the costs of renovating, improving, or constructing new courthouse facilities, said Hinojosa. For years, Hidalgo county officials have spoken of the need to replace the county’s existing courthouse in Edinburg, Hinojosa and Martínez noted. “When the existing courthouse opened in 1954, it housed two state district courts and one county court-at-law. That has grown to 11 district courts and eight county courts-at-law, along with other auxiliary courts that have spilled into temporary buildings and one nearby storefront in downtown Edinburg,” said Martínez. “In the past 24 years, Hidalgo County’s population has doubled and the county is now home to up to 900,000 residents. Further, the dated structure and history of asbestos requires constant maintenance and repairs raising public health and safety concerns as wells as costs.”
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by Legislative Media | May 20, 2015 | Politics
Featured, from left: Sen. Juan “Chuy” Hinojosa, D-McAllen, and Rep. Sergio Muñoz, Jr., D-Mission, on the floor of the Texas House of Representatives in March 2015.
Photograph By HOUSE PHOTOGRAPHY
House Bill 1887 by Rep. Sergio Muñoz, Jr., D-Mission, and Rep. Terry Canales, D-Edinburg, which would allow South Texas College to create the multi-million dollar Regional Center for Public Safety on a yet-undisclosed 50- to 60-acre site to be donated by the City of Pharr, is set for a Senate committee hearing on Wednesday, May 21. Sen. Juan “Chuy” Hinojosa, D-McAllen, is serving as the Senate sponsor of HB 1887, which was approved by the House of Representatives on Wednesday, April 29. “HB 1887 would increase necessary access to training opportunities for officers in the Rio Grande Valley region and, in turn, improve public safety and border security,” said Muñoz, who is the primary author of the legislation. “The training provided at the regional center also would provide officers with college credit toward either an associate’s or a bachelor’s degree, while the four police academies in the area would not.” According to the bill analysis of the legislation, HB 1887 would amend the Education Code to create the Regional Center for Public Safety Excellence to provide education and training for law enforcement personnel in the Rio Grande Valley. “Having such an educational facility for our current and future law enforcement officials will be a tremendous benefit for the delivery of justice and the protection of all of us in deep South Texas,” said Canales, whose House District 40 includes 19 percent of the City of Pharr. “I appreciate Rep. Muñoz allowing me to sign on as joint author of HB 1887, and I look forward to working with him and the leadership of Pharr and South Texas College on this most important legislative effort.” Muñoz’ House District 36 includes 76 percent of the City of Pharr. South Texas College has agreed to fund $4.2 million for construction of a 16,000 square-foot facility to include a vehicle driving range, outdoor shooting range, firearms simulator, mobile firearms simulator/live firing range, driving simulator, obstacle course, fitness rooms, classrooms and administrative offices. The instruction provided by the regional center would include: education and training toward an associate of applied science degree or certificate or another public safety or law enforcement- related associate degree or certificate; a baccalaureate degree for applied science or applied technology authorized by the Texas Higher Education Coordinating Board; a Texas Commission on Law Enforcement (TCOLE) officer certification; and a continuing education certification. During the Tuesday, April 7 public hearing on the bill by the House Committee on Homeland Security & Public Safety, STC President Shirley Reed and Pharr Police Chief Ruben Villescas testified for the bill. Also listed as supporting the measure during the House committee meeting, but not testifying, were Sergio Contreras, representing the City of Pharr, Lon Craft, Director of Legislative Affairs for the Texas Municipal Police Association, and Elizabeth Lippincott, representing the Texas Border Coalition.
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by Legislative Media | May 17, 2015 | Politics
Featured, from left: Rep. Terry Canales, D-Edinburg, Congressman Rubén Hinojosa, D-Mercedes, and Rep. Óscar Longoria, Jr., D-La Joya, on Tuesday, March 25, 2014, after addressing the South Texas College Board of Trustees at the Pecan Campus in McAllen.
Photograph By STEVE TAYLOR
Legislation proposing the creation of a South Texas College extension facility in the Delta Region of Hidalgo County, which was approved by the House of Representatives on Friday, May 8, is set for a Senate committee hearing on Monday, May 18, Rep. Terry Canales, D-Edinburg, has announced. Originally filed to create a branch campus of STC in the Delta Region, Canales changed the language of House Bill 382 to instead call for the creation of an extension facility in order to dramatically reduce the financial cost to the state, which significantly improves its chances of legislative passage. “By requiring an extension facility, STC would be directed by the Texas Legislature to set up a physical presence in the Delta Region, a move that can eventually lead to a branch campus,” Canales said. “What we are wanting to do is move this one step further down the line. We believe that whatever concerns the college may have about the fiscal viability of this program will be shown dramatically to be unfounded because it will quickly flourish.” According to the Texas Higher Education Agency, a branch campus is a major, secondary location of an institution offering multiple programs, usually with its own administrative structure and usually headed by a Dean. A branch campus must be established by the Legislature or approved by the Coordinating Board. He said that STC has an obligation to spread its resources to areas of Hidalgo County which have the population base and geographic location to deserve an extension facility, and eventually, a branch campus. “The Delta Region has historically been a neglected area that can see a positive change from this bill. The area needs better access to higher education to have the same opportunities (as other communities with STC campuses and sites),” Canales said. But times are changing, and for the better, in the Delta Region, further justifying predictions that STC would also grow with those communities. “If we talk about demographics and you look at companies and ask, ‘What are the demographics there?’ Well, they just opened up a Walmart Supercenter, and a new H.E.B., and those businesses conduct incredible demographic studies before they make those multi-million dollar capital investments,” he continued. Canales also spoke about ongoing plans by the state transportation leaders to connect FM 1925, known as the Monte Cristo Road project, between Edinburg and South Padre Island, a thoroughfare which will go through the Delta Region. “The Texas Department of Transportation has opted to expand what is the existing Monte Cristo Road into a highway that will go all the way to Cameron County,” Canales said. “That is why Rep. Lucio and his father, Sen. Eddie Lucio, Jr., and Rep. René Oliveira, support this bill.” The public hearing will take place before the Senate Committee on Intergovernmental Relations, whose chairman is Sen. Eddie Lucio, Jr., D-Brownsville. The meeting, which is open to the public, was at 8:30 a.m. in Room E1.028 of the Texas Capitol complex. The session is available for live viewing on the Internet, or afterwards as a video recording in its entirety, by logging on to http://www.senate.state.tx.us/bin/live.phpby , find the desire program at the bottom of that web page, and click the “play” button. The live programs are listed by their scheduled start time. Lucio is the Senate sponsor of the measure, House Bill 382, of which Canales is the primary author. Canales’ proposal also enjoys vital support from House legislators from the two South Texas counties – Hidalgo County and Starr County – which STC serves. Rep. Óscar Longoria, Jr., D-La Joya, Rep. Armando “Mando” Martínez, D-Weslaco, Rep. Ryan Guillén, D-Rio Grande City, and Rep. Eddie Lucio, III, D-San Benito, are joint authors of Canales’ HB 382. The measure, which was approved by the House of Representatives on Friday, May 8, would require STC, which has campuses in McAllen, Weslaco and Rio Grande City, to establish an extension facility in either Elsa, which is in Canales’ House District 40, or in Edcouch, which is in Longoria’s House District 35. Under the proposal, the STC Board of Trustees are directed to set up the extension facility beginning with the 2016-2017 academic year. The legislation does not authorize STC to increase its property tax rate.
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