by Legislative Media | Jan 18, 2016 | Politics
Featured, seated from left: Rep. Sergio Muñoz, D-Mission, fields questions on the floor of the Texas House of Representatives from Steve Taylor, the publisher and editor of the online publication, The Rio Grande Guardian.
Photograph By HOUSE PHOTOGRAPHY
Children who are victims of sexual assault now have 15 years instead of five years to bring civil lawsuits against alleged sex offenders or others who are liable for the injuries sustained as a result of such crimes, said Rep. Sergio Muñoz, Jr., D-Mission, who supported House Bill 189, which became state law on September 1, 2015. House Bill 189, which was approved by the Legislature late last spring, also removed any statute of limitations on the criminal prosecution of suspected serial rapists, whether their victim is a child or an adult. “I have a proven record in the Texas Legislature of supporting the creation of laws, policies, and new funding that protect crime victims and prosecute criminals,” said Muñoz. “I have no pity for rapists, child molesters, or other sexual predators, and I never place the blame of these victims because it is never their fault.” Prior to the passage of HB 189, there was a 10-year statute of limitations in the criminal prosecution of sex offenders who were considered serial rapists. A statute of limitations is generally defined as a law that sets a time limit for bringing certain kinds of legal action. Sexual assault is generally defined as any unwanted, non-consensual sexual contact against any individual by another. In 2014, according to the Texas Department of Public Safety, there were 18,756 sexual assaults in the state, an increase of 5.1 percent over 2013. House Bill 189, effective September 1, 2015, was needed because of the seriousness of these crimes and the special circumstances that can limit when these victims are ready to speak out about the crime, according to the bill analysis by the House Research Organization. Despite these circumstances, a measure of justice always should be available to victims of these crimes, the HRO report stated. “The significance of HB 189 removing the statute of limitations for serial rape cases is well-documented in the bill analysis,” Muñoz emphasized. “The House Research Organization noted that his vital new protection is tremendously important for fighting sexual assault and violence against women because it encourages survivors to come forward to report their cases, preventing those convicted from attacking again.” Rep. Senfronia Thompson, D-Houston, the author of HB 189, provided some of her key perspectives soon after she first filed the legislation on November 10, 2014, which was approved by the Legislature on June 1, 2015, and signed into law by the governor on June 18, 2015. “Rape is a horrible crime that is not only physical but mental,” said Thompson. “According to the Texas Association Against Sexual Assault, sexual assault is a crime in which the assailant uses sexual contact to inflict humiliation or to exert power and control over the victim. Currently, there are 1.8 million survivors of sexual assault in Texas.” As for the civil lawsuit aspects of HB 189, Muñoz, an attorney, said any crime victim may be able to seek monetary damages against people who caused them harm. Muñoz, a member of the powerful House Appropriations Committee, which heavily influences the shaping of the $200+ billion state budget, was a coauthor of another new state law, enacted as a result of House Bill 10, that gives law enforcement in Texas more power to fight human trafficking, a multi-billion dollar criminal enterprise that preys most fiercely on women and children. “Human trafficking is modern day slavery, which also exposes their victims to sexual exploitation,” said Muñoz, who in 2012 was named to the groundbreaking Joint Interim Committee to Study Human Trafficking, which also included Sen. Juan “Chuy” Hinojosa, D-McAllen. “One of the results of HB 10 is that even if a victim is an undocumented immigrant, the power of Texas shall be brought to bear to protect the powerless who are forced into the illegal sex trade,” said Muñoz. Muñoz, a member of the powerful House Appropriations Committee, which heavily influences the shaping of the $200+ billion state budget, was a coauthor of another new state law, enacted as a result of House Bill 10, that gives law enforcement in Texas more power to fight human trafficking, a multi-billion dollar criminal enterprise that preys most fiercely on women and children. “Human trafficking is defined as a crime against humanity, according to the United Nations Office on Drugs and Crime. It involves an act of recruiting, transporting, transferring, harboring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them,” said Muñoz. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad, according to the United Nations. Every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims.
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by Legislative Media | Sep 4, 2015 | Politics
Featured: First row, from left: Martin V. “Marty” Baylor, Executive Vice President for Finance and Administration, The University of Texas Rio Grande Valley; Rep. R.D. “Bobby” Guerra, D-McAllen; Rep. Terry Canales, D-Edinburg; former Rep. Verónica Gonzáles, D-McAllen, Vice President for Government and Community Relations, The University of Texas Rio Grande Valley; Elva Jackson Garza, Vice President and Marketing & Business Development Manager, Edwards Abstract & Title Company; Lucy G. Canales, Partner, Linebarger Goggan Blair & Sampson LLP; Rep. Sergio Muñoz, Jr., D-Mission; Alex Ríos, District Director, Rep. Terry Canales; and Robert McGurk, Senior Vice President, Elsa State Bank & Trust Company. Back row, from left: Edinburg Fire Chief Shawn Snider; Jacob De León, Funeral Director, Memorial Funeral Home; Edinburg City Councilmember David Torres; and Michael Williamson, Market President, PlainsCapital Bank. This portrait was taken at the Edinburg Chamber of Commerce’s Public Affairs Legislative Luncheon held on Thursday, August 27, 2015 at the ECHO Hotel and Conference Center.
Photograph By RONNIE LARRALDE
Chalk up Hidalgo County as the first region in Texas that allows attorneys in all criminal cases to file pleadings and documents electronically – known as e-filing – as a result of a state law passed two years ago by Rep. Terry Canales, D-Edinburg, which will continue to bring the state’s court system into the paperless generation. Effective Tuesday, September 1, the eyes of the state judicial system began looking at the use of e-filing in criminal cases in Hidalgo County, as the rest of the Texas prepares to follow Hidalgo County’s lead beginning on November 1 in implementing a new system designed to improve justice for all. Canales is confident that his measure – House Bill 349, which was sponsored by Sen. Juan “Chuy” Hinojosa, D-McAllen, two years ago – will be a resounding success. HB 349 is designed to improve the delivery of justice in Hidalgo County, reduce costs to county taxpayers, attorneys and litigants, and take advantage of the latest technological advances in the state’s legal system, the House District 40 lawmaker contends. “Courts have long been burdened with processing paper, a problem that continues to grow exponentially and largely unabated,” said Canales. “After more than 167 years of processing traditional filing, Texas Court Clerks are awash in the state’s judicial paper trail. Electronic filing offers a means to stem the paper tide.” Hinojosa, citing data provided by the Office of the Hidalgo County District Clerk, reported that in 2014, there were 5,170 criminal cases filed, in addition to 19,341 civil and family cases. “One of the key advantages of the e-filing system, both in civil and criminal cases, is it allows attorneys more time during the day to submit their motions, rather than face a 5 p.m. deadline,” the state senator explained. “The statewide e-filing portal (efiletexas.gov) allows filers to file documents until midnight during regular business days in both civil and criminal cases. As a result, attorneys have more flexibility and are no longer rushed to file documents at the courthouse before closing hour at 5 p.m.” There would be no cost to the county government to use the e-filing system for civil or criminal cases, and there would be no cost to litigants who are too poor to pay for the service, Canales added. Later this fall, Hidalgo County District Clerk Laura Hinojosa (no relation to Sen. Hinojosa) will organize a question-and-answer session for the area’s attorneys to help them better understand the e-filing system for criminal cases. The details of that event will soon be announced by District Clerk Hinojosa. Also under the new state law, Hidalgo County can still allow traditional paper filing as well. Canales predicts that the future is at hand. ‘The era of big paper is over,” Canales said. According to dictionary.law.com, a motion is a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party’s case, for a rehearing, for sanctions (payment of the moving party’s costs or attorney’s fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called “points and authorities”), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted
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by Legislative Media | Jun 1, 2015 | Politics
Featured: Lucille D. Wood, Clinical Professor at The University of Texas School of Law, whose research in a 2012 study helped lead to the passage of House Bill 311 by Rep. Terry Canales, D-Edinburg, and Sen. Eddie Lucio, Jr., D-Brownsville. HB 311 will help protect thousands of low-income families, especially those who live in colonias, who purchase their homes through non-traditional financing known as contracts for deed. Photograph Courtesy THE UNIVERSITY OF TEXAS SCHOOL OF LAW
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 by the Legislature on Saturday, May 30. The measure, House Bill 311, whose Senate sponsor was Sen. Eddie Lucio, Jr., D-Brownsville, now goes to Gov. Greg Abbott for his approval. “I am honored to announce that House Bill 311 has been passed by the Texas Legislature, ” 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 a contract for deed. The legislation’s major goals include streamlining the title conversion process for contracts for deed so title is conveyed to the purchaser, giving the purchaser protection, and the seller still retains a lien on the property at the same terms of the original contract. “This puts these properties back into the real estate market, allowing them to be properly sold and allows the homeowner to take out a loan on them,” Canales said. HB 311 also will encourage contracts for deed to be recorded so that other buyers, lenders, and title companies know that a property has been sold. 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.” Robert Doggett, an attorney with Texas Family Council, which supported the legislation, agreed that the legislation modernizes this type of residential real estate transaction.“For many decades these transactions have caused problems for Texas homeowners because they delayed the buyer receiving title to their property for many years. Buyers who had to move in the middle of their contracts lost the value of all improvements and any equity they achieved because there was nothing for them to sell,” said Doggett. “Thanks to the continued efforts of Rep. Canales and his staff both this session and last, Texans with these contracts will actually become Texas homeowners simply by filing their contracts. HB 311 will truly help make the problems caused by contracts for deed a relic of the past.” Canales thanked the Texas Family Council and Randy Lee with Stewart Title Guaranty Company for endorsing the legislation, which Canales first filed in 2013. But the South Texas lawmaker also praised a 2012 study commissioned by the Texas Department of Housing and Community Affairs (TDHCA), which contracted with Peter M. Ward, C.B. Smith Sr. Centennial Chair in US-Mexico Relations at the LBJ School; Heather Way, ’96, director of the Law School’s Community Development Clinic; and Lucille Wood, 2011–2012 Research Fellow at the William Wayne Justice Center for Public Interest Law, to direct the study. Their “invaluable research” found that despite these reforms, contracts for deed continue to be problematic transactions for consumers, the South Texas legislator noted. The research was extensive, according to a December 10, 2012 feature story by UT Law, The Magazine of the University of Texas School of Law, which chronicled the in-depth look at the problems of contracts for deeds among lower-income families ( http://www.utexas.edu/law/magazine/2012/12/10/colonias-contracts/ ).
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by Legislative Media | May 13, 2015 | Politics
Rep. Terry Canales, D-Edinburg, on Tuesday, May 5, secured passage by the House of Representatives of his House Bill 1015, which will help Texas district judges rehabilitate petty criminals while they pay their debts to society.
Photograph By HOUSE PHOTOGRAPHY
Texas taxpayers will save money while improving the rehabilitation of tens of thousands of petty criminals every year, many of them serving drug-related sentences, under legislation by Rep. Terry Canales, D-Edinburg, which was approved on Tuesday, May 5 by the House of Representatives. House Bill 1015 would require the Texas Department of Corrections, which supervises 19 state jails in Texas, to notify a district judge, about two weeks ahead of time, when a felon sentenced in their court will have been locked up in a state jail for 75 days. Currently after the first 75 days served in state jails, offenders can be bench warranted back into community supervision, yet experts testified that this rarely occurs because judges do not have an adequate mechanism to monitor this benchmark for each offender, according to a 2014 study by the House Committee on Criminal Jurisprudence, of which Canales is a member. “State jails are notorious for being more expensive than even state prison, and for offenders who are serious about straightening out their lives, a judge can bring them back home for meaningful rehabilitation programs, diversion treatment, and community supervision, which costs taxpayers a fraction of keeping them in state jails,” Canales said. When the Texas state jail system was first created in 1993, it was intended to remove petty-criminals – many of them convicted of drug-related crimes – from contact with violent offenders as found in the prison system, reduce overcrowding in the prison system, and emphasize treatment and rehabilitation with the goal of reducing the chance those felons would wind up in trouble with the law again, the House committee study noted. But, Canales said, the state jail system – which currently houses around 10,000 “detainees” – is failing because it has is now used for warehousing inmates with no programs to provide rehabilitation. “Right now, no one lets the judge know when an offender who was sentenced in their court can begin the journey to becoming a law-abiding citizen, and instead, they wind up being forgotten for up to two years,” he added. “House Bill 1015 would let our judges take the important steps needed to prepare these offenders to return back to society, as they pay their debt to society.” The reliance on keeping offenders in state jails over community supervision has been criticized for costing taxpayers more money per offender, the House committee noted in its legislative findings, which were published on January 12, 2015. State jails average about $43 per day per offender. This cost is less than prison inmates cost per day, but when one takes into account the higher recidivism rate of state jail offenders, the fact they do not receive meaningful rehabilitation programs, and no parole, the cost is a poor return on taxpayers’ investment; especially for repeat offenders. In comparison, diversion treatment and community supervision costs an average of $10 per day. Therefore, state jails are no longer the backup to community supervision, but are the primary response to state jail felonies with minimal rehabilitation opportunities and maximum sentences served, the legislative committee also concluded. Canales credited Nueces County 117th District Judge Sandra Watts for bringing the issue to light when she testified before the House Committee on Criminal Jurisprudence during its public hearing held in Corpus Christi on Tuesday July 29, 2014. Canales credited Nueces County 117th District Judge Sandra Watts for bringing this and other issues to light when she testified before the House Committee on Criminal Jurisprudence during its public hearing held in Corpus Christi on Tuesday, July 29, 2014. Following House passage of HB 1015, Watts reflected, “This bill is another example that Texas is moving towards a ‘Smart on Crime’ approach and away from the ‘War on Drugs’.” During her testimony last summer before the Criminal Jurisprudence Committee, Watts told lawmakers that when the concept of state jails was first introduced, a key goal was to give nonviolent offenders a wake-up call about the consequences of their actions, then bring them back home on probation and rehabilitation. “Problem number one is you are assuming, or the law assumed, that there was a mechanism in place where judges would have a list of everybody they sent away (to state jails). There is no way,” Watts said. “The statute says that after they have served at least 75 days, the district judge has the ability to bench warrant them back and put them on probation. I’m probably as computer literate as they come, and I have spreadsheets about all my inmates, but I can’t keep up with who I’ve sent or this time period.” To further illustrate the need for HB 1015, Watts noted that in 2011, there were 23,000 detainees who went through the state jail system. “Of those 23,000, only 158 in that calendar year were bench warranted (court-ordered) back and put back into community supervision,” she explained. “The intention was perhaps good but has been underutilized. It is not working as perhaps the Legislature in 1993 thought that it would, mainly because of the masses of detainees or the defendants we deal with. We do not have anyway to track them, keep them in our mind.”
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by Legislative Media | Apr 16, 2015 | Politics
Featured at microphone: Rep. Óscar Longoria, Jr., D-La Joya, flanked by fellow House members and law enforcement leaders in the Speaker’s Committee Room at the Texas Capitol, addressing reporters on Wednesday, March 11, regarding his filing of House Bill 12, which targets Mexican drug cartels and related crimes along the Texas border with Mexico.
Photograph By HOUSE PHOTOGRAPHY
Prosecutors and other law enforcement leaders along the Texas-Mexico border will have a stronger weapon against criminals, especially those tied into the deadly plots of Mexican drug cartels, under legislation by Rep. Óscar Longoria, Jr., D-La Joya, which was unanimously approved by the Texas House of Representatives on Thursday, April 9. His measure, House Bill 12, includes Rep. Terry Canales, D-Edinburg, as a co-author of the legislation. HB 12, which still must receive Senate approval and signed into law by the governor, would increase the ability of the Border Prosecution Unit to better coordinate efforts by local and state authorities to fight Mexican drug lords by improving on the Texas side of the border the prosecution of crimes and criminal enterprises, especially in more rural border counties, associated with drug cartels. “I am extremely pleased to announce that House Bill 12 has been voted out of the House,” Longoria said. “This legislation is important because it places the Border Prosecution Unit into statute, which better allows local officials to prosecute crimes, such as drug smuggling, murder, kidnapping, extortion, money laundering and human trafficking.” HB 12 would formalize the practices and procedures that the Border Prosecution Unit has been implementing successfully since 2009, when Gov. Rick Perry created the unit to aid in border security operations, according to the bill analysis by the House Research Organization, which is the research-arm of the House of Representatives. The House Research Organization, in its bill analysis of HB 12, also noted that border crime affects the entire state, but HB 12 would help prevent criminals from spreading deeper into Texas by stopping crime as close to the border as possible. But it also shielded the border region from claims that it is crime-ridden. “The border region has a low crime rate compared with the rest of the state,” the House Research Organization found. “El Paso has one of the lowest crime rates in the country compared with other cities of its size, and the Rio Grande Valley is safer than most U.S. cities.” The Border Prosecution Unit, or “BPU” as it has come to be known, is a history-making initiative involving the Texas Department of Public Safety and each of the district attorneys in the border jurisdictions of Texas, according to District Attorney Carlos Omar García of Jim Wells County. Stretching from El Paso to Brownsville and covering 49 counties along and adjacent to the Rio Grande River, the Border Prosecution Unit encompasses a network of 17 Texas district attorney offices, including García’s 79th Judicial District. In each of these offices, an assistant district attorney is assigned to handle a specialized caseload of border crime cases, García explains on his official web site. “The Border Prosecution Unit is vital in helping prosecutors screen cases, secure indictments and bring accused criminals to trial,” Longoria noted. “This bill will give our prosecutors the resources and support they need to ensure that those who enslave, exploit and endanger others are put behind bars where they belong.”
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