by Legislative Media | Apr 27, 2015 | Politics
Featured, from left: Rep. Terry Canales, D-Edinburg, and Rep. Morgan Meyer, R-Dallas, reviewing legislation earlier this spring at the Texas Capitol.
Photograph By HOUSE PHOTOGRAPHY
Thousands of Texans who purchase their homes through non-traditional financing known as contracts for deed would be better safeguarded from losing their investment under legislation by Rep. Terry Canales, D-Edinburg, which was approved on Thursday, April 23, by the House of Representatives. “I am honored to announce that House Bill 311 has passed the Texas House,” said Canales. “This important legislation will help protect Texas homebuyers from unscrupulous sellers. For most Texans, our home is the most expensive purchase we will make in our lifetime and it is paramount that we protect that investment.” Contracts for deed oftentimes are used when traditional financing, such as mortgages through a financial institution, is not available. Many of the estimated half-million Texans who live in colonias are at risk because they buy their homes through contracts for deed. Contracts for deed, also known as executory contracts, are contracts for the sale of land – usually residential property – where the seller keeps title to the property until the buyer has paid the full contract price. “Most of these contracts are long-term arrangements, lasting eight to 10 years on average,” Canales, an attorney, explained. “In that time, lots of things can go wrong. Sellers die, get divorced, or just disappear. Buyers have a difficult time getting homestead exemptions for their taxes, buying insurance, refinancing, or doing other things property owners with a deed can do.” A deed is a written instrument that, when executed and delivered, convey (transfer) title to or an interest in real estate. HB 311 would automatically require contracts for deed to convey (transfer) the title to the homebuyer, and would encourage these contracts to be legally recorded, which establishes ownership of the residence. Canales said HB 311 would help improve an outdated system of property transactions. “Unfortunately, contracts for deed are structured in a way that allows for abusive practices to arise,” the House District 40 lawmaker explained. “Buyers who complete their payment are not guaranteed the conveyance of title, and if the buyer defaults, they may lose any payment that they have already paid. When not recorded, buyers face less protection and risk losing their property.” Problems caused by contracts for deed, especially in colonias in Texas, were highlighted in a feature article, Colonia Contracts, published by UTLaw Magazine in its December 2012 edition (www.utexas.edu/law/magazine/2012/12/10/colonias-contracts/). Key excerpts from Colonia Contracts follow: Many of Texas’ poorest residents, perhaps half a million according to some studies, live in colonias – a Spanish term referring to informal housing settlements located near the Texas-Mexico border. Similar communities, known as “informal homestead subdivisions,” exist on the outskirts of cities in the interior of Texas. Residents of these communities often endure difficult conditions such as the lack of reliable plumbing or electricity and shoddy housing construction. But they also often endure the risks and financial dangers that come with a lack of a bank-financed mortgage on their property. Many colonia residents buy their land through “contracts for deed,” which are often issued by the original property owners as “pay to own” contracts, and may be as informal as a handwritten deal written on notebook paper. In 2011, the Texas Sunset Advisory Commission requested that the Texas Department of Housing and Community Affairs commission a study to assess the prevalence of contracts for deed in colonias. Peter M. Ward, C.B. Smith Sr. Centennial Chair in US-Mexico Relations at the LBJSchool; Heather Way, ’96, director of the Law School’s Community Development Clinic; and Lucille Wood, 2011–2012 Research Fellow at the WilliamWayneJusticeCenter for Public Interest Law, were contracted to direct the study. The informality of contracts for deed means that colonia residents are often at risk of unclear title to their homes, which can complicate sales immensely and put property owners at great risk. “Buyers risk losing their properties, their homes, and all of the money they’ve put into those properties and homes,” said Wood. “Everything.”
•••••• (more…)
by Legislative Media | Apr 25, 2015 | Politics
Featured: Sen. Judith Zaffirini, D-Laredo, addressing colleagues in the Chamber of the Texas Senate.
Photograph By SENATE MEDIA SERVICES
The Texas Senate on Tuesday, April 21, passed legislation by Sen. Judith Zaffirini, D-Laredo, that would shed light on the compensation paid to attorneys and guardians who are appointed by courts to represent a person, such as a minor, an elderly person or a person with disabilities, who is deemed unable of representing himself or herself. “Two decades ago a Supreme Court task force found evidence that some state judges abused their discretionary authority by using appointment income to reward campaign supporters. Since then, there has been little reform, and the media has continued to report on problems,” said Zaffirini. “When even the appearance of abuse undermines the public’s confidence in the entire judicial system, it is critical that we do more to promote transparency in the ad litem system.” SB 1369 would require courts appointing attorneys, guardians and mediators to submit to the Office of Court Administration data including the name of each person appointed by the court, the rate and total amount of compensation paid to each attorney in that year and the number of hours each attorney served ad litem for the appointed case. The information would be posted on websites accessible to the public and physically at the courthouse. “It appears that more than $25 million in taxpayer money has been spent on these appointments through 2014,” Zaffirini said. “The true cost is likely much higher, however, especially because many courts have not reported the information. SB 1369 will help us gain a clearer picture of the costs and discourage potential abuses.” If a court fails to report the data, it would be made ineligible for state grant funding for a two-year period. Zaffirini, who previously served as Chair of the Senate Government Organization Committee and Co-Chair of the Joint Oversight Committee on Higher Education Governance, Excellence and Transparency, long has promoted legislation that would increase transparency in state government. This session she has filed legislation enhancing the transparency of university system Boards of Regents’ meetings, improving oversight of state contracting, promoting “Truth in Taxation” and centralizing state grant information in a searchable database. Sen. Rodney Ellis, D-Houston, Sen. Joan Huffman, R-Houston, and Sen. Jane Nelson, R-Flower Mound, are co-authors of Zaffirini’s SB 1369.
•••••• (more…)
by Legislative Media | Apr 24, 2015 | Politics
Featured, from left: Lissette Almanza of Houston and Christopher Vela of Edinburg, both staff members for Sen. Kirk Watson, D-Austin; Sen. Juan “Chuy” Hinojosa, D-McAllen; and Sen. José R. Rodríguez, D-El Paso, a graduate of then-Pan American University who was raised in Alamo, outside the Senate Chamber at the Texas Capitol.
Photograph By SENATE MEDIA
Sen. Juan “Chuy” Hinojosa, D-McAllen,was one of only five Senate appointees – and the only Democrat – selected on Thursday, April 23, by Lt. Gov. Dan Patrick, R-Houston, to serve on the Senate/House Conference Committee that will come up with a final state budget for the 2016-17 biennium. “I am honored to have been selected by Lt. Governor Patrick for such an important responsibility,” said Hinojosa, who is Vice-Chairman of the Senate Finance Committee, which came up with the Senate version of the state budget. “Through this appointment I am able to help craft a state budget that will pave the way for an educated and healthy workforce and a successful Texas economy.” A conference committee is a special legislative panel appointed by the Lt. Governor and the Speaker of the House when there are differences between a Senate bill and a House bill that deal with the same issue, such as the proposed state budget that has been approved by the Senate and the proposed state budget that has been approved by the House of Representatives. On Wednesday, April 1, the House approved $209.8 billion budget, followed by the Senate, which on Wednesday, April 14, voted for a $211.4 billion budget. There are major differences in how much money is provided for certain programs and tax cuts, which resulted in the creation of the conference committee. “It is critical we work together to sort out the significant differences between the House and Senate versions to invest efficiently in our state programs so that we provide the services needed by our most vulnerable populations and that we wisely invest in infrastructure, transportation, healthcare, border security, and our students.” For example, the Senate budget proposes an $811 million increase for border security while the House budget calls for a $565 million boost. The Senate budget does not provide any increase for increasing Medicaid payments to doctors, while the House budget provides a $460 million boost. “Serious discussions will be taking place during the final budget process in the coming weeks and I am fully committed to support the funding priorities we need for South Texas and our entire state,” Hinojosa pledged.
•••••• (more…)
by Legislative Media | Apr 23, 2015 | Politics
Featured, Rep. Terry Canales, D-Edinburg, and Rep. Senfronia Thompson, D-Houston, in the Chamber of the House of Representatives, and both co-authors of the potentially life-saving “The Right To Try Act”.
Photograph By HOUSE PHOTOGRAPHY
Texas is getting closer to becoming one of a handful of states to allow terminally ill patients, through their doctors, access to experimental but potentially life-saving drugs not yet on the market, but which have cleared initial review by the U.S. Food and Drug Administration. House Bill 21, whose primary author is Rep. Kyle Kacal, R-College Station, is based on a concept known as “Right to Try”, which advocates at the national level for many years have been championing as a humane and necessary option for gravely-ill patients who have no other legal last resort in Texas. HB 21 was approved by the House of Representatives on Wednesday, April 22. HB 21, coauthored by Rep. Terry Canales, D-Edinburg, would allow a dying person, with the consent of their physician, to receive promising new medication that has passed the first phase of the FDA’s rigorous review process, but which has not received final approval. “During this long process, people may die waiting for the FDA to approve potentially life-saving medicines,” said Canales. “HB 21 would help protect physicians and drug manufacturers from legal liability. But most importantly, it would provide a person another chance at life when there is no hope, which is what all of us would want for ourselves and our loved ones.” This legislation seeks to establish a remedy to this situation, he contended, explaining that the proposal “seeks to cut through the FDA’s red tape as the FDA is determining whether a drug is safe enough to bring to market.” Canales, who had also filed similar legislation, joined forces with Kacal to help successfully move the issue through the House of Representatives. Arizona voters on Tuesday, November 5, 2014, passed Proposition 303, a state ballot measure giving terminally ill patients the right to try investigational medicines that have passed the first phase of FDA approval but still may be years away from reaching pharmacy shelves. “Right to Try” is already law in Colorado, Louisiana, Michigan and Missouri, where it passed with overwhelming bipartisan support in all four states. Arizona is the first state to pass the law by voter initiative. A similar measure, Senate Bill 694 by Sen. Paul Bettencourt, R-Houston was approved by the Senate on Thursday, April 9, and is awaiting action in the House of Representatives. “In these fairly uncommon situations, time is a predator, that it is unconscionable that government is standing in the way of a potential cure,” Bettencourt said. In explaining the intent of the “Right To Try Act”, Canales outlined the key processes required by the FDA before a new drug is approved. “There are four phases in the drug review process by the FDA, which can take as longer than a decade to complete, far too long for critically-ill people who have not been helped by available medications and treatments,” the South Texas lawmaker said. Phase I alone, on average takes almost two years to complete. “Right to Try” has bipartisan political support, including from the Goldwater Institute of Phoenix, Arizona, which was founded in 1988 with the blessings of the late Sen. Barry Goldwater, a national conservative leader and Republican presidential nominee in 1964. He served in the U.S. Senate for 30 years until his retirement in 1987. According to the Goldwater Institute, even a program by the FDA to allow a critically-ill patient, with the consent of his/her physician, to use experimental drugs takes too long. The FDA, whose extensive duties include ensuring that medicine is safe and effective for human use, is a huge federal agency with almost 15,000 employees and a $14 billion operating budget. Such a massive government organization makes it difficult to overcome overwhelming bureaucratic red tape and related delays. As a result, the Goldwater Institute contends that such bureaucratic impediments violate an individual’s fundamental right to try to save his own life. Unfortunately, the federal government has shown little interest in reforming the FDA as bills to reform the process for terminal patients have been introduced, but have never received a vote in Congress. State legislators, however, have the opportunity to protect their citizens’ right to try investigational medications by enacting Right to Try measures. These measures would ensure the right to protect one’s life by returning medical decisions where they belong – to patients and doctors. “Terminally ill people don’t have time to wait for new drugs to make their way through the decade-long approval process. Prop 303 lets patients work directly with their doctors to access promising investigational medicines now,” said Darcy Olsen, president of the Goldwater Institute. The FDA has a process that allows people to seek permission to access investigational medicines. This “Compassionate Use” process takes hundreds of hours of paperwork and time to navigate. While many people ultimately receive FDA permission, there are dozens of documented cases of people dying while waiting on their approval. “Americans shouldn’t have to ask the government for permission to try to save their own lives,” said Olsen. “They should be able to work with their doctors directly to decide what potential treatments they are willing to try.”
•••••• (more…)
by Legislative Media | Apr 22, 2015 | Politics
Featured: Air Force Staff Sgt. Rosemery Aragón signals as airmen load simulated patients during a readiness training exercise in Alexandria, La., March 13, 2014. Aragón, an aeromedical service superintendent, is assigned to the 43rd Aeromedical Evacuation Squadron.
U.S. Air Force photograph By TECH. SGT. MATTHEW SMITH
Veterans or current members of the U.S. armed forces – mostly women – who were victims of sexual trauma, such as rape, during their military service, then wind up breaking Texas laws as a direct result of that anguish would be able to receive proper treatments under court supervision rather than going to jail, Rep. Terry Canales, D-Edinburg, has proposed. House Bill 1958 by Canales would allow such victims of sexual trauma, including those who were sexually harassed during their time in the military service, to have their cases heard by a growing number of specialized judicial forums in Texas, known as veterans courts. His measure was heard at the Texas Capitol on Wednesday, April 8, 2015 by the House Committee on Defense & Veterans’ Affairs. “In 2010, women in the military had a higher chance of being raped than being killed in combat. In 2014, 48 percent of women in the military said they experienced sexual harassment, while 8.2 percent experienced unwanted sexual contact,” Canales reported. “Sexual trauma is a very deeply distressing experience, and the terrible and often long-lasting shock of such events can have the most dire consequences.” Texans will get their first in-depth look at Canales’ HB 1958 during the committee hearing, which will take place as the U.S. Department of Defense observes Sexual Assault Awareness and Prevention Month. Currently, about 15 veterans courts, which were authorized several years ago by the Texas Legislature, are operating in Texas, including in Hidalgo and Cameron counties. “Veterans courts are designed to provide intense treatment programs to veterans suffering from medical and emotional catastrophes, specifically brain injury, mental illness, or mental disorder, including post-traumatic stress disorder,” said Canales. “Veterans and active military personnel who are victims of sexual trauma stemming from their service also should be allowed to receive the specialized medical services they, too, need and deserve, rather than being cast to jail with no regard to what they have suffered.” In order to qualify for treatments through a veterans court, the local district attorney must agree that the veteran’s criminal behavior was significantly affected by trauma directly related to their military service. A December 5, 2014 account by MilitaryTimes.com supports Canales’ concern that sexual trauma does indeed continue to affect many military personnel. “The number of rapes and violent sexual assaults is significantly higher than previously thought, according to new data released by the Defense Department and the Rand Corp.,” Patricia Kime, staff writer for MilitaryTimes.com wrote in her story, “Incidents of rape in military much higher than previously reported”. According to Kime, “preliminary findings of an extensive survey of 170,000 troops released Thursday (December 4) revealed that 20,000 service members said they had experienced at least one incident of unwanted sexual contact in the past year, representing nearly 5 percent of all active-duty women and 1 percent of active-duty men.” Her story noted that many of the 20,000 assaults in 2014 “were violent, probing acts. Nearly half the assaults reported by women and 35 percent reported by men were ‘penetrative sexual assaults’ — crimes that include rape and penetration with an object.”
•••••• (more…)
by Legislative Media | Apr 19, 2015 | Politics
Featured on Wednesday, February 26, 2o14 accepting a Hidalgo County Commissioners’ Court proclamation in support of the creation of a South Texas College branch campus for the Delta Region are, front row, from left: Cynthia (Cindy) Garza-Reyes, Interim District Director of the Edinburg Office for Congressman Rubén Hinojosa, D-Mercedes; Rep. Óscar Longoria, Jr., D-La Joya; and Alex Ríos, District Director for Rep. Terry Canales, D-Edinburg. Back row, from left: Hidalgo County Commissioner Joseph Palacios; Hidalgo County Judge Ramón García; and Hidalgo County Commissioner A.C. Cuellar, Jr.
Photograph By HIDALGO COUNTY PUBLIC AFFAIRS DIVISION
Legislation proposing the creation of a South Texas College branch campus in the Delta Region of Hidalgo County, with the proposed site to be located in Elsa or Edcouch, is scheduled for a public hearing before the House Committee on Higher Education for Wednesday, April 22, Rep. Terry Canales, D-Edinburg, has announced. “South Texas College, which receives significant funding from all property taxpayers in Hidalgo and Starr counties, has an obligation to bring higher education opportunities and invest more of its resources in communities, such as in the Delta Region, which would most benefit from seeing a STC facility in its own backyard,” said Canales, whose House District 40 features portions or all of Edinburg, Elsa, Faysville, La Blanca, Linn, Lópezville, McAllen, Pharr, San Carlos and Weslaco. The measure, House Bill 382, would require STC “to operate a branch campus within the corporate limits of the municipality of Edcouch or Elsa.” The legislative committee hearing on Wednesday comes as Rio Grande City, McAllen, Weslaco and Pharr are positioned to reap the benefits of a $159 million bond election for new construction that was narrowly approved in early November 2013 by voters in Hidalgo and Starr counties. Canales’ proposal is listed as the second measure on the committee’s meeting agenda, and is one of several House bills that will have a direct impact on South Texas College. The committee is scheduled to begin its meeting at 8 a.m., and if needed, continue later in the afternoon once the full House of Representatives, which begins its work at 10 a.m., finishes up for that day. The session will be available for live viewing on the Internet, or afterwards as a video recording in its entirety, by logging on http://www.house.state.tx.us/video-audio/ by clicking the House Committee on Higher Education. For the past few years, Canales has been working with Congressman Rubén Hinojosa, D-Mercedes, and Rep. Óscar Longoria, Jr., D-La Joya, to convince STC to establish a physical presence in that region. Longoria’s House District 35 includes Edcouch, La Villa, and Monte Alto. Hinojosa’s Congressional District 15, which covers Brooks, Duval, Guadalupe, Hidalgo, Jim Hogg, Karnes, Live Oak, and Wilson counties, includes Edcouch, Elsa, La Villa, and Monte Alto. Both Longoria and Hinojosa have ties to the STC Board of Trustees – Hinojosa was a founding member and first Chairman of the STC Board of Trustees, and Longoria served on the STC Board of Trustees before being elected to the Texas House of Representatives in November 2012. Canales, Hinojosa and Longoria first publicly brought up the need for the Delta Region branch campus when they addressed the STC Board of Trustees on Tuesday, March 25, 2014. “We outlined a proposal that would benefit the people in the Delta Region. The presentation included statistical data from the U.S. Census Bureau highlighting population pockets within our district and their needs,” said Hinojosa. “During the (March 25) presentation, trustees heard well-formulated plans to create a STC satellite campus in the Delta region. With a college anchored in the Delta Region, students from surrounding communities such as La Blanca, San Carlos, Hargill, Faysville, Linn, San Manuel and Puerto Rico will also have the opportunity to attend a campus that is more accessible.” The Delta Region communities are connected by East State Highway 107 between Edinburg and Weslaco. Although Weslaco has the STC Mid-Valley Campus, located about a dozen miles away from Edcouch and Elsa, that site is land-locked with limited space to expand, Canales reflected. “The Pecan Campus, which is the northernmost campus of STC, leaves huge areas of Hidalgo County with long commutes to attend classes,” Canales said. “A STC campus in the Delta Region would be able to expand in order to serve not only the students from the Delta Region but also from Edinburg and for future students from northern Hidalgo County, where much of our population increases will occur in the coming years.”
•••••• (more…)
