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Valley state representatives split on secret ballot but…

Valley state representatives split on secret ballot, but all eventually voted for Craddick’s reelection

Speaker of the House Tom Craddick, a Republican, was reelected on Tuesday, January 9, to a third two-year term as the most powerful leader of the 150-member House of Representatives, with unanimous support from the Valley’s state representatives, all Democrats.

Rep. Aaron Peña, D-Edinburg, also seconded Craddick’s nomination for reelection.

Peña, who was appointed two years ago by Craddick to the powerful House Appropriations Committee, has been positioning himself for a committee chairmanship, possibly as leader of the House Criminal Jurisprudence Committee.

Peña told House members that his support for Craddick was based on "pragmatic politics.

"The people I represent do not have the luxury to tilt at windmills," Peña said. "We come looking for a seat at the table, not as adversaries, but as brothers and sisters."

In his acceptance speech, Craddick acknowledged "a special thank you" to Peña for the Edinburg Democrat’s support for his reelection.

"Bound by my oath"

Rep. Ryan Guillen, D-Rio Grande City, also was a Craddick supporter from the onset.

"I felt bound by my oath to support Speaker Tom Craddick, and the two points I think we should emphasize are that Tom Craddick and his opponent, Jim Pitts, are both powerful Republicans with identical voting records and the results of the election will enable me and other border
representatives to work together to benefit our people and the local economy," said Guillen, who also serves on the Appropriations Committee.

However, before Craddick was reelected, 121- 27, the Valley’s eight state representatives were divided on a much closer vote that gave a clearer picture of Craddick’s support among his colleagues.

Secret ballot

By an 80 – 68 margin, the House approved a motion to table – effectively kill – a proposal that would have allowed each lawmaker’s vote for the House speaker to remain secret until after all the committee chairmanships and appointments were made.

The proposal to allow for the secret vote was perceived by many lawmakers as a vote against Craddick’s reelection.

The call for a secret ballot presumably would have made it easier for some House members to vote for Craddick’s only opponent, Rep. Jim Pitts of Waxahachie, a fellow Republican and former top lieutenant for Craddick.

One of the many powers of the speaker of the house is the authority to appoint state representatives to the most influential House committees, including naming the chairs of those legislative panels.

Craddick’s rivals, including some of the major news media outlets, had portrayed Craddick as being heavy-handed and vengeful against House members who disagreed with his leadership style. He denied those allegations.

Craddick’s supporters also privately complained that the major newspapers and wire services demonized the Republican lawmaker with scores of negative stories, which included accounts ranging from having lobbyists arrange for Craddick, a Catholic, to have a private audience with the Pope, to blaming him for state budget cuts that threw thousands of poor children off the Children’s Health Insurance Program.

Craddick also had maintained since early November that he had more than enough votes publicly promised to him by House members to be reelected. He needed 75 votes.

Tina Benkiser, chairman of the Republican Party of Texas, said Craddick’s reelection spoke well of him and his GOP rival.

“Congratulations to Speaker Tom Craddick on his overwhelming reelection as Speaker of the Texas House of Representatives," Benkiser said on Wednesday, January 10. "Speaker Craddick has always led the Texas House of Representatives with a steadfast commitment to conservative values. The voters of Texas won also; the debate about who would lead this body was public and the process for choosing the next speaker remained transparent.”

Peña/Gonzáles

Edinburg’s two state representatives – Peña and Verónica Gonzáles – were split on the resolution filed January 9 calling for a secret ballot in the speaker’s race.

Peña voted for a motion to table – effectively kill – the secret ballot proposal, while Gonzáles voted against that motion.

Also voting to kill the secret ballot proposal were Guillen; Rep. Ismael "Kino" Flores, D-Palmview; and Rep. Eddie Lucio, III, D-San Benito.

Peña, Guillen, and Flores all publicly supported Craddick’s reelection bid, even when he was being challenged by a Democrat, Rep. Senfronia Thompson of Houston.

Lucio later added his name to the list of Craddick loyalists.

In addition to Gonzáles, other Valley lawmakers who voted against the motion to table the secret ballot proposal were Rep. Armando "Mando" Martínez, D-Weslaco; Rep. René Oliveira, D-Brownsville; and Rep. Juan Escobar, D-Kingsville, whose legislative district includes Willacy County.

But after the measure was passed killing the secret ballot proposal, Pitts threw in the towel, saying he did not want "to subject members to a public vote that might damage their standing with the next Speaker (Craddick).

Pitts, who many predict will lose his spot as chairman of the House Appropriations Committee, wound up voting for Craddick when the secret ballot proposal was defeated.

"I will be voting for Tom Craddick to begin the healing," Pitts said.

Peña nominates Craddick for speaker

Under the rules that govern the House of Representatives, a small number of state representatives are allowed to second the nomination of a candidate for Speaker of the House.

Peña was one of the handful of legislators who were given that honor by Craddick.
Peña’s remarks, which he read before the full House, follows:

"Mr. Secretary, members, distinguished guests, family, and friends.

The currents of history are constantly crashing around us. Throughout it all this Texas House and the Texas ideals and values it represents remain. In 2003 after 130 years, not since the aftermath of the Civil War, had this institution seen those currents bring such change that came with the election of Tom Craddick as Speaker.

A lot has happened in the past 4 years. Say what you want about this period but often missed in the headlines and greater issues of the day is one of the single greatest achievements of this administration and in the advancement of Texas. In unprecedented numbers, the diversity that is
Texas has gained a significant role in the leadership of their government.

People like me and the people I represent for the first time in significant and meaningful numbers have assumed leadership roles in the Texas House these past two sessions.

It is no mistake that I, a son of the border, am addressing you today. I have also not failed to note that the others who also rise to speak with me are part of the new face of Texas. I stand here because the people I represent do not have the luxury to tilt at windmills. We were not elected to be partisans, to war with each other over questions of style. We were elected to create substance, to work on improving the lives of the people of Texas and the state we love. We come looking for a seat at the table, not as adversaries but as brothers and sisters, diverse in our perspectives but singular in our purpose.

We see hope in a new partnership, not blinded by illusion, placing our full faith in the pragmatic politics of reality. Whereas the pessimist sees difficulty in every opportunity; the optimist sees opportunity in every difficulty. History tells us that when the crusaders entered the holy land, they came as conquerors to dominate the land and its people. Their experience left them however more changed by the people they sought to dominate. This maxim of history is not forgotten here, to change the direction of policy not through confrontation and partisanship but rather through the time honed value of pragmatic politics – respect, trust and honor – placing value in a man’s word.

Above all values, the reason I am here is because one man extended his hand and I responded with my word and my honor.

Mr. Secretary, fellow members. It is my great honor to second the nomination of Tom Craddick for Speaker of the Texas House of Representatives."

Craddick acceptance speech

For his part, Craddick laid out his vision for the five-month regular session in comments provided by his office:

"Thank you, (Rep.) Geanie (Morrison, R-Victoria), for your kind introduction.

Mr. Secretary, members of the House, families and friends, welcome to the Texas House of Representatives and the 80th Texas Legislature.

I would like to extend a special thank you to Representative Morrison, Representative Peña, Representative Rose, Representative Gattis, Representative Chisum and Speaker (pro-tempore) Turner for nominating me.

I want to also thank God for giving us this opportunity to gather here this Legislative Session.

I want to start by acknowledging the efforts made by other speaker candidates to win this post. Anyone who has run for this position or held it knows its importance to all members of this body. I want to congratulate all who sought to be elected and, through their efforts, encouraged serious dialogue about our legislative process.

I had numerous conversations with members during this election period, and I can assure you I listened carefully. The conversations are always instructive because people speak from their heart in these private meetings.

I have served many terms in the House. This is the only elected position for which I have ever run, because this is the body for which I have the utmost respect and zeal. I have worked under six Speakers. I tried to observe each of their styles closely and to know each of them personally. Like all things, I was more successful doing so with some than others.

The lesson I have learned over the long haul has been that this body works well because members care about their issues and care about their constituents. That is not to say there aren’t disagreements within this body or disagreements between the House and the Senate, or between us and the governor. That is part of politics in a democracy.

I want to assure each and every one of you today that I believe my primary responsibility as your elected leader is to fulfill your elected purpose. I hope it is done efficiently and thoroughly, because six months is not long to perform two years worth of work.

I want to be responsive to your personal needs, and I want you to go forth and do the work for which you were elected. Do it with passion, and do it with decorum.

We belong to the greatest legislative institution in all the 50 states. Our diversity, intellect and passion are unmatched by any other. Take your talents where they lead you, and I will help you succeed. If in some way I fall short of your expectations or needs, please tell me, and I will do my best to correct that shortcoming.

Thank you all, again, for electing me Speaker of the Texas House of Representatives. I am greatly honored and humbled by your vote today. As a husband, a father, and a grandfather, I also want to thank my family for the love and support they have given me. And I want to especially thank, Nadine, my lovely wife, my partner and my best friend.

Enjoy the rest of this beautiful day with your families and friends. May God bless us all in this great endeavor."

By DAVID A. DIAZ
[email protected]
For more information on the people and politics that impact Edinburg, please log on to http://www.EdinburgPolitics.com

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Laredo Rep. Raymond, former supporter for Speaker Craddick, explains why he dropped support for incumbent House leader

State Rep. Richard Raymond, D-Laredo, on January 7 dropped his support for the reelection of Speaker of the House Tom Craddick, a Republican from Midland. Two days later, Craddick was reelected to a third two-year term as arguably the most powerful state political leader in Texas.

Raymond’s letter, which he released to the public, explaining his positions follows:

Speaker Tom Craddick
State Capitol
Austin, Texas 78701

Dear Speaker Craddick,

As a young man growing up in Duval County, I saw first hand how corruption of the political process can erode the trust of the people. My parents and I, along with many others, experienced firsthand the wrath of those who lacked ethical standards and corrupted a system of governing, because we dared to change it. It was many years ago, but the memories are still vivid.

My desire to seek public office and much of my inspiration during my years as a public servant have been fueled by the responsibility to earn the trust of the public and justify the faith they place in those they elect. After hard reflection and serious reconsideration, I have concluded that my responsibility to work for an ethical and fair Texas House of Representatives requires that I withdraw my support from you in the race for Speaker and give it to our colleague Jim Pitts. In addition, if given the opportunity, I intend to vote to allow members of the House to cast their vote for Speaker confidentially.

I have simply lost confidence in your ability or willingness to make the changes necessary for the Texas House to function in an ethical and fair manner. Jim Pitts and I differ on many substantive issues. I believe, however, that his commitment to restore the highest ethical standards at the highest levels of government and to treat each Member with respect is sincere. I have known Jim Pitts since we arrived in the House together in 1993, and I believe his election to Speaker will give us the opportunity to end the current unacceptable era of corruption of the political process, which it appears you intend to continue.

My initial support for your reelection to Speaker was based upon the hope that you would recognize and embrace the need for reform in a third term. Your first two terms as Speaker were characterized by a lack of ethical standards and mean-spirited stubbornness. I felt certain that you would set a new tone and chart a new course.

Sadly, I have lost faith in your willingness to change. Your recent demand that supporters must not only reaffirm their commitment to you but also vote for an election process that leaves Members subject to intimidation and perhaps retaliation makes it apparent that a return to an ethical and civil House will not occur under your leadership.

When I was a teenager, my State Representative, Ernestine Glossbrenner, passed a law establishing a secret ballot vote for the citizens of Texas. She did so, because in Duval County, corrupt political leaders were able to determine how people voted during elections. If they didn’t vote “right,” they were often fired from their jobs or run out of town – literally. Given your recent maneuvering and efforts to manipulate the manner in which votes are cast in the race for Speaker, it seems that is what you now seek to do. Yours appears to be a modern day effort that rivals the worst of Duval County days past.

Whereas I strongly support recorded votes on every bill and amendment that appears before the House of Representatives, a secret ballot vote in the race for Speaker – an election in which we are voting for a leader, not voting on a substantive piece of legislation – would remove the type of intimidating tactics used in years past, when the process for the election of public officials did not allow citizens a truly secret ballot. I would also add, that were you confident of your colleagues confidence in you, you would also be confident in the outcome of a secret ballot vote. However, having thoughtfully discussed this race with over two dozen of my Republican colleagues, I now know you would lose a secret ballot race by an overwhelming margin, and, frankly, I now expect you to lose regardless of how we cast our votes.

As a Democrat, in purely partisan terms, you remaining Speaker may well be best for my party. Since you were elected Speaker in 2003, Democrats have gained seven seats in the House and stand just a half dozen seats short of claiming a majority. Time and again, you have forced Republican Members to cast votes that conflict with the interests and views of their constituents. These votes became useful issues for their Democratic opponents’ campaigns. Moreover, personal ethical controversy and your inflexible leadership style have created a DeLay-like public persona. In the same way that national Democrats easily vilified Congressional Republicans simply by associating them with Tom DeLay, it is easy to see you playing the same useful role for Democratic legislative candidates in 2008.

Furthermore, you have failed to encourage collegiality in the House by protecting Members from the power elite representing special interests. Instead, you have caused Members of the House, especially Republican Members, to “walk the plank” for a radical agenda of just a few – and many of those Members will no longer serve in this body. Simply put, this pattern of leading the House through coercion and intimidation has not produced a better Texas. Instead, it has made us weaker Texans, with House Members less worthy of the admiration and respect of fellow Texans. This corrosive atmosphere did not exist in the House before you became Speaker in 2003 – and it will no longer exist, once we elect a new Speaker.

Your own disregard for ethics and propriety fairly play into a comparison with DeLay. In addition to your constant attempts to help a small group of questionable interests, even at times over the interests of your own Republican colleagues, you invited controversy upon the House by soliciting and accepting funds from special interests to pay for lavish remodeling of the Speaker’s quarters in the Capitol. Disregarding the wishes of members from both parties, you blocked even the opportunity to debate an Ethics Reform bill in 2005. And in recent days, new charges arose involving you having an improper business relationship with a State contractor and that you have failed to disclose and the identity a business partner who is a registered lobbyist.

Now, as I write this, you are pressuring Republican House Members by having corporate CEOs “strongly urge” them to vote for you. Mr. Speaker, there must be an end to your style of corrupting the political process in this House – we owe it to every Texan we currently represent and to the generations to come.

Before any of us ever pledged to you or anyone else, we pledged to God that we would do the right thing for our state – it is the only pledge that matters. It is regrettable that with over thirty years experience in the House of Representatives, you have not seen this as a member’s highest obligation. I pray another Republican – Jim Pitts – will.

Sincerely,

Richard Raymond

••••••

Rep. Flores says Speaker Craddick has appointed more minorities to leadership spots in history of Legislature

State Rep. Ismael "Kino" Flores, D-Palmview, and one of the top lieutenants for Speaker of the House Tom Craddick, says the Midland Republican has been fairer to minority lawmakers than any other legislative leader in history.

A few days before Craddick was reelected by the 150-member House of Representatives, Flores, along with the chairs of most of the House’s standing committees, issued the public letter, released December 29, laying out their support for Craddick.

Craddick, the first Republican in more than 100 years elected by his colleagues as Speaker of the House, was facing a challenge from within his own party, including from Rep. Jim Pitts, R-Waxahachie, the chairman of the House Appropriations Committee,

Pitts did not sign the letter, which follows:

"Dear Fellow House Members:

We want all members of the legislature to know that we firmly support Tom Craddick’s reelection as Speaker. He is known for fairness and making tough decisions, qualities that are indispensable to the House of Representatives, His critics can’t attack his honesty, his character or his accomplishments.

We know that without Tom’s unwavering focus, the many accomplishments that we have achieved during the last two regular sessions and numerous special sessions would not have been possible. He has provided leadership when prioritizing the budget, working to bring the state from a $10 billion deficit to a $15 billion surplus. This allowed the state to absorb unexpected costs due to hurricanes in 2005. This year (2005), it gave the Legislature the ability to put more money into our public schools, provide Texans much needed property tax relief, and give teachers a much deserved pay raise.

Speaker Craddick has also shown leadership when it comes to our most vulnerable citizens by supporting serious reforms and restructuring of agencies and institutions responsible for the protection and placement of abused and neglected children into foster care. Texas has become a leader among the states by passing model tort reform legislation that could not have been possible without his support.

In an effort to better reflect the diverse and ever changing face of Texas, Speaker Craddick has reached out across party lines and has appointed more minority members into leadership positions than in any other time in the Legislature’s history. This diversity has helped build a spirit of bipartisanship and respect from across the aisle."

In addition to Flores, who is currently the only Valley state representative who is chairman of a committee (Licensing and Administrative Procedures), the letter was signed by 26 other House committee chairs.

••••••

Sen. Lucio: Finding solutions together echoes Dr. King’s dream

My theme for the 80th legislative session that began Jan. 9, 2007, is Finding Solutions Together. This
month we celebrate the contributions of a man whose works mirror that same theme.

Dr. Martin Luther King, Jr., worked to unify the African-American community and other groups interested in seeking solutions to the social injustices of the time. Jan. 15 is the designated day we honor a man who empowered people to push for civil rights and motivated them to become involved in the process of change.

Working with community leaders and community residents, Dr. King forged a coalition that opposed the oppression of African-Americans in this country. I too will work with my colleagues in the House and Senate, as well as the people of South Texas, to achieve consensus for laws and funding that advance our legislative goals.

Although the total African-American population in my senatorial district that includes the counties of Cameron, Hidalgo, Kenedy, Kleberg and Willacy counties is only about 8.7 percent, the area is also one that has been neglected as far as funding and services for many years.

South Texas lacks a professional school, other than the new Irma Lerma Rangel College of Pharmacy in Kingsville, to offer our local residents higher education opportunities; an interstate highway to connect us to the rest of the country; permanent school buildings to replace dilapidated portable classrooms; expanded skills training that can result in higher-wage jobs and attract companies to locate here; and improved access to health care.

Like Dr. King’s struggles that led to the 1964 Civil Rights Act, together we can find solutions to these problems and others. Dr. King wasn’t the first to address civil rights nor did he achieve the passage of legislation addressing this issue overnight. The process can be long and slow, but persistence can pay off.

The road from Montgomery, Alabama to Oslo, Norway, where Dr. King received the Nobel Peace Prize, was long. In his speech he said, “This same road has opened for all Americans a new era of progress and hope. It has led to a new civil rights bill, and it will, I am convinced, be widened and lengthened into a superhighway of justice as Negro and white men in increasing numbers create alliances to overcome their common problems.”

To this group we can add women, Hispanics, Asians, Native Americans and other groups who have suffered discrimination and injustice and appealed to government for redress.

Dr. King awakened in us the need to create awareness of injustice and value of every human life. His peaceful demonstrations reminded us that we are all Americans and should not only demand equal treatment under the law, but should seek opportunities to improve our families and our communities.

••••••

Statement by Lt. Governor David Dewhurst on the reelection of Texas House Speaker Tom Craddick

Lt. Governor David Dewhurst released the following statement on Tuesday, January 9, on the re-election of Texas House Speaker Tom Craddick.

"I want to congratulate Speaker Craddick on his re-election to a third term leading the Texas House of Representatives. Over the past four years we have worked together to pass the largest tax cut in Texas history, landmark reforms in public education, tort reform and pro-family issues. Speaker Craddick is a friend and fellow conservative and I look forward to working with him in this session as we continue to improve the quality of life for all Texans."

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Edinburg’s 2006 construction activities through November approaches $177 million

Total construction activities in Edinburg between January and November 2006 totaled almost $177 million, an increase of almost $14 million over the same period in 2005, the Edinburg Economic Development Corporation has announced.

For the month of November, total construction in Edinburg – not counting any activities at the University of Texas-Pan American – was more than $7.7 million, up from almost $6.8 million in November 2005.

The EEDC is the jobs-creation arm of the Edinburg City Council.

It is governed by a five-person board of directors, which includes Mayor Joe Ochoa, former mayor Richard García, who is the EEDC board president, and Fred Palacios, Mike Govind, and George Bennack.

New residential construction – work done on single-family homes – continued to lead the way with more than $67.1 million in new homes built between January and November 2006.

New residential construction does not include multi-family dwellings, such as duplexes, triplexes, fourplexes, and apartment buildings.

New commercial construction – which does not include work on government buildings or other non-taxable entities, such as churches – reached more than $61.5 million during the same period.

By comparison, new residential construction between January and November 2005 was more than $61.2 million, while new commercial construction during the same period reached almost $38 million.

Multi-family residences accounted for more than $16.3 million in new construction between January and November 2006, compared to almost $30.9 million during the same period in 2005.

The values of the construction are listed in building permits issued by the city’s Code Enforcement Division.

Construction activities of non-taxable facilities – government buildings, churches, schools, not including UT-Pan American – have reached almost $9 million between January and November 2006, compared to almost $17.5 million during the same period in 2005.

Building permits are permits taken out in order to allow excavation and to protect public safety.

Building permits represent the estimated cost of construction, not the selling price.

The building permits do not include the price of the lot.

A start in construction is defined as the beginning of excavation of the foundation for the building.

A building permit is permission issued by a city’s planning department to oversee and approve any changes to structures.

They are documents designed to guarantee that any construction work, from remodeling to demolition to building a new home or business facility, meets the city’s building codes.

•Medical facility, multi-family home projects

The continuing expansion of Doctors Hospital at Renaissance was reflected in its receipt of the most valuable building permit in November.

Following a building permit issued in October to Alonzo Cantú for a $2.3 million construction project – part of an estimated $150 million expansion of Doctors Hospital at Renaissance – Cantú in November received a building permit for work valued at $475,000 for a medical facility that is being built at 2717 Michael Angelo Drive. It is located in the Doctors Center Phase II Subdivision.

Developer Felipe Aguayo received building permits in November for four multi-family developments, each valued at $350,000, located on Baltic Street in the Jackson Park Phase III Subdivision.

The most valuable home authorized for construction in November is being built by Rey Benavidez. The house, whose construction value is listed at $150,000, is located at 3009 Hawthorne Avenue in the West Meadows Phase 1 Subdivision.

For the month of November, total construction activities, which include everything from installing plumbing to building the structures, saw building permits approved for $7,727,796 in governmental, residential and commercial construction, up from the November 2005 figure of $6,790,443.

Calendar year-to-date, total construction activities were $176,852,473 from January through November, compared to $163,000,368 during the first 11 months of 2005.

A more detailed breakdown of the November 2006 figures for Edinburg features the following highlights:

•Commercial construction

New construction of commercial buildings, not including multi-family residences, was reported at $1,124,500 in November, compared to $450,000 for the same month in 2005.

Calendar year-to-date, new construction of commercial buildings reached $61,539,472 from January through November, compared to $39,719,530 during the same 11 month period in 2005.

Commercial alterations in November totaled $554,661, compared to $128,360 in November 2005.

Calendar year-to-date, commercial alterations have reached $10,003,465, compared to $9,403,630 from January through November 2005.

•Home construction

New construction of single-family homes in November 2006 reached $3,190,195, compared to $3,956,683 in November 2005.

Calendar year-to-date, building permits have been issued for residential homes valued at $67,122,064, compared to $61,261,904 during the same 11 month period in 2005.

Calendar year-to-date, building permits have been issued for the construction of 732 single-family homes, compared to 691 from January through November 2005.

In November, work began on 36 single-family residences, compared to 46 homes in November 2005.

In November, alterations for single-family residences were valued at $147,400, compared to $157,400 for the same month in 2005.

Calendar year-to-date, building permits have been issued for residential alterations valued at $5,176,432, compared to $2,650,506 in alterations during the first 11 months of 2005.

•Multi-family residences

New construction of multi-family residences in November 2006 reached $2,694,740, compared to $2,098,000 for the same month in 2005.

Calendar-year-to-date, new construction of multi-family homes totals $16,378,740, compared to $30,889,569 during January through November 2005.

From January through November 2006, building permits were issued for 161 multi-family residences, or 352 units, compared to 320 multi-family residences, or 739 units, during the same period in 2005.

For the month of November, building permits were issued for 18 multi-family residences, or 44 units, compared to 19 multi-family residences, or 40 units, in November 2005.

•Top November construction projects

Highlights of construction in November of commercial buildings, not including multi-family
residences, valued at $100,000 or more include:

•Alonzo Cantú, 2717 Michael Angelo Drive ($470,000);
•Ector Casas, 205 Conquest ($250,000);
•Dr. Miguel Mego, 2525 W. Trenton Road, Unit 6 ($125,000); and
•Wing Stop, 2405 W. University Drive, Ste. D ($125,000).

Highlights of construction in November of multi-family buildings (duplexes, triplexes, fourplexes, and apartment buildings) valued at $100,000 or more include:

•Felipe Aguayo, 223 Baltic Street ($350,000);
•Felipe Aguayo, 205 Baltic Street ($350,000);
•Felipe Aguayo, 217 Baltic Street ($350,000);
•Felipe Aguayo, 211Baltic Street ($350,000);
•Jaime González, 2010 Bahamas Drive ($225,000);
•Gilberto G. Silva, 1520 Orlando Street ($205,000);
•Gilberto G. Silva, 1526 Orlando Street ($205,000);
•Rubén Gutiérrez, 1813 Bahamas Drive ($145,000); and
•Jesús Elizondo, 2217 Moonlight ($115,000).

Highlights of construction in November of single-family homes valued at $100,000 or more include:

•Rey Benavidez, 3009 Hawthorne Avenue ($150,000);
•Rafael Selgado, 3908 Ida Street ($148,000);
•Rafael Selgado, 3810 Ida Street ($143,000);
•David Rogers, 2122 Llano Grande Lane, ($139,400);
•Jorge and Norma Santa María, 2611 W. Schunior ($130,000);
•Roberto Salinas, 2508 Stirling Avenue ($130,000);
•Aaron Cano, 1012 Bunker Avenue ($130,000);
•Sandra Salinas, 411 Frio Drive ($122,000);
•Richard and Brian González, 625 Coffee Mill Drive ($120,900);
•Óscar Cantú, 722 Oregano Street ($120,000);
•Óscar Cantú, 3805 Ripple Drive ($120,000);
•Richard and Brian González, 617 Coffee Mill Drive ($106,900);
•Fabian Ruiz, 2203 Heather ($100,000); and
•Randy Rives, 3221 Club House Drive ($100,000).

By DAVID A. DIAZ
[email protected]
For more information on the people and politics that impact Edinburg, please log on to http://www.EdinburgPolitics.com

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Rep. Martínez sworn in for second term, lays out key legislative priorities

Rep. Armando "Mando" Martínez, D-Weslaco, issued the following statements regarding the beginning of his second, two-year term, and summarized some of his legislative priorities for the five-month regular legislative session, which began on January 9.

His comments follow:

"This week the 80th Legislative Session began and I was proud to be sworn into office alongside my family and my 2-year old son, Kuentin. As we kick off a new legislative session in Austin, I want to rededicate myself to keeping you informed on the inner-workings of the legislative process. I want you to know that my office is always open to you; I hope you will make it a point to let me know how I can better represent your interests on a wide spectrum of issues.
"It is the greatest honor and privilege to serve as your State Representative for House District 39. I will do everything within my power to be a strong and effective advocate for the people who have so generously placed their trust in me.

"Over the next 140 days, the Legislature will address critical issues that affect you, your family, your community, your school, your environment, your pocketbook, your children and your future. I hope the Legislature will take this opportunity to make significant progress on the following issues:

• Increase funding for public education and reduce inequities in the funding system;
• Improve educational facilities;
• Increase teacher pay that is still well below the national average;
• Restore health insurance to the hundreds of thousands of kids who were cut from the program in 2003;
• Lower the skyrocketing costs of a college education;
• Reduce the costs of homeownership by reducing homeowner’s insurance rates and increase the homestead exemption; and
• Enact a comprehensive ethics reform package that restores public confidence in our system of government."

••••••

Lt. Governor David Dewhurst calls the 80th Legislature into 140-day regular session

At noon on Tuesday, January 9, Lt. Governor David Dewhurst gaveled in the Texas Senate to begin the 80th Legislative Session in the State Capitol. "We all return to this great chamber ready to turn the challenges we face into opportunities for all Texans," Dewhurst said.

The Lt. Governor welcomed all 31 Senators, their families and friends to the Capitol. Texas Supreme Court Chief Justice Wallace Jefferson administered the oath of office to 11 incumbent senators who won re-election and five freshman members.

Dewhurst also congratulated Senator Mario Gallegos on his election to President Pro-Tempore of the Texas Senate. The President Pro-Tem serves as acting governor when the Governor and Lt. Governor are out of state.

"Senator Gallegos has long been a committed public servant not just to those who live in his Houston district, but to the entire state. He’s overcome great adversity to receive this distinguished honor and I congratulate him on his achievement," Dewhurst said.

By a vote of 30 to 1, the Texas Senate adopted the rules which will govern Senate business for the 80th Legislative Session. These are the same rules adopted and used during the 79th Legislative Session.

Dewhurst won re-election to a second term in November, 2006. Dewhurst is the 41st Lieutenant Governor of Texas and serves as the President of the Texas Senate. He will take the oath of office during inaugural ceremonies on Tuesday, January 16, 2007. The 80th Legislative session will last 140-days.

••••••

Comptroller Combs predicts state lawmakers will have $14.3 billion "surplus" in 2008-2009 state budget

Comptroller Susan Combs on Monday, January 8, said the Texas Legislature will have $14.3 billion in new money to spend in the 2008-2009 state budget.

Combs issued her Biennial Revenue Estimate, reporting to the 80th Legislature and the Governor that $82.5 billion in general revenue is available for appropriation.

“This is a solid, conservative estimate,” Combs said.

“I anticipate $77.5 billion in general revenue income during the next biennium,” Combs said. “Add to that a $7.0 billion ending balance for the current biennium — the largest ending balance on record. Subtract $2.0 billion in oil and gas production tax revenue that must be set aside in the Rainy Day Fund, and the bottom line is $82.5 billion that is available to spend.

“That is approximately $14.3 billion more than the current $68.2 billion budget,” Combs said.

“This is a great time in Texas,” Combs said. “Our state’s strong economy is producing vigorous revenue growth to serve Texans’ needs. However, it is my duty as Comptroller to point out that I do expect a cooling of the economy in the months ahead.”

Combs said three important contributors to the Texas economy are slowing: the housing market, oil and gas prices and consumer spending.

“Nationwide, the housing boom of the last two years is rapidly slowing. In Texas, new home starts that were up 20.7 percent a year ago were down 12.4 percent last October—a dramatic shift,” Combs said.

“Oil and gas prices are expected to recede following a rapid climb in fiscal 2006 and exploration will decrease somewhat,” Combs continued. “The growth in consumer spending will decline, due in part to the slowdown in the housing market. People feel wealthier and spend more freely if their homes are increasing in value. Also, low interest rates have made refinancing attractive—often involving a ‘cash out’ of home equity to be spent by consumers. That trend, too, has changed.

Looking at some of the state’s largest revenue sources, Combs said 87 percent of the revenue will come from taxes and the remaining 13 percent will come from non-tax sources such as fees, interest earnings and lottery proceeds.

The sales tax will continue to be the states largest tax revenue source, bringing in an estimated $41.50 billion during the 2008-2009 biennium. Sales tax revenue is expected to grow approximately 4.2 percent annually—down from fiscal 2006’s 12.0 percent growth and fiscal 2007’s anticipated 7.0 percent growth.

With the overhaul of the franchise tax by the 79th Legislature, this tax is now the second largest source of tax revenue and the third largest source of general revenue. During the next biennium, the franchise tax is expected to produce $5.84 billion for the General Revenue Fund and an additional $6.09 billion for the new Property Tax Relief Fund, a dedicated fund that is not available for general-purpose spending by the Legislature.

Oil and natural gas production taxes are expected to raise $4.94 billion in revenue. Of this, $2.01 billion will be reserved for the Rainy Day Fund. Both taxes are expected to decline over the biennium, as historically high prices are expected to moderate.

“I will continue to closely monitor Texas’ economic indicators and report to the Legislature if a change in my revenue estimate is warranted,” Combs said. “There will be no surprises. My goal is seamless and constant communication with the Legislature as they go about the crucial task of allocating taxpayer dollars to best meet the needs of all Texans.”

Combs’ complete 2008-2009 Biennial Revenue Estimate can be found on her Web site http://www.window.state.tx.us.

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Lt. Gov. Dewhurst says state has enough to balance budget and pay for property tax cuts

Lt. Gov. David Dewhurst met with Gov. Rick Perry and Comptroller Susan Combs Tuesday morning, January 9, to talk about budget issues facing the state in the upcoming biennium. Dewhurst said the three officials discussed how the recent property tax cuts will impact the budget, and how to use the budget surplus forecasted by the Comptroller’s office.
One of the top priorities will be providing the funds to cover last session’s promised billions in school property tax reduction.

"We’ve got to make sure that over the next four years we deliver on our promises. We promised that we were going to deliver a little over $14 billion in tax cuts to homeowners and I feel very, very committed to making sure that that happens," he said.

Dewhurst was quick to disabuse the notion that the state has a $14 billion surplus, saying there was some confusion in the media and the public about how much of the increase in general revenue was set aside to pay for property tax cuts.

Dewhurst said it was not clear exactly how much the surplus would be but he did say it was "just enough to balance our budget and pay for our local school property tax cuts in the 2009 biennium." Session video and all other webcast recordings can be accessed from the Senate website’s audio and video archive pages.

••••••

Statement on Monday, January 8, by Gov. Perry on Comptroller Combs’ biennial revenue estimate

Gov. Rick Perry has issued the following statements:

“The Comptroller’s announcement of a historic budget surplus is welcome news that will help ensure Texas can fully fund property tax relief, and pay for priorities like border security and education.

“This surplus should reinforce our commitment to the principles and policies that helped create it. State leaders must continue to be fiscally disciplined, we must continue to set clear but limited priorities, and we must remember that every expenditure affects not only those who receive a government service, but also the taxpayers who pay for it.”

••••••

Statement on Monday, January 8, by Speaker Craddick on Comptroller Combs’ biennial revenue estimate

Speaker of the House Tom Craddick has issued the following statements:

"The Comptroller’s revenue estimate is great news for Texas, and is evidence of the hard work that has been put forth over the past few sessions. Since 2003, we have gone from a $10 billion deficit to a $14.3 billion surplus – that is a $24.3 billion upswing.

In addition to this increase in general revenue projections, $4.3 billion is expected to accumulate in the Rainy Day Fund by the end of fiscal year 2009 which helps ensure ample revenues are reserved to deal with any future crises. Due to tax and fiscal policies implemented by the Legislature in recent years, Texas continues to see strong economic development, job growth and a booming economy."

••••••

Proposal filed in Congress to bring $42 million to help address water problems in South Texas

Congressman Rube?n Hinojosa, D-Mercedes, on Tuesday, January 9, introduced legislation that will authorize more than $42 million for the development and improvement of water delivery and transportation systems along the Texas border and in rural counties. The legislation, entitled the Lower Rio Grande Valley Water Resources Conservation and Improvement Act, passed the House of Representatives during the last Congress, but the Senate did not take action on it before the adjournment of the 109th Congress.

Congressmen Solomon Orti?z, Ciro Rodri?guez, Silvestre Reyes, and Henry Cuellar are original co-sponsors of this legislation.

This legislation amends the bill Hinojosa and Senator Kay Bailey Hutchison passed in December 2000. The original legislation authorized the federal government to fund $10 million to South Texas for the implementation of new water resources projects.

The new legislation will authorize the Secretary of the Interior to construct 20 additional specified projects in Texas and authorizes the use of $42 million dollars in federal funding to Texas. The legislation mandates a 50% non-federal match for each project.

"I have been working with my colleagues in the Texas State Legislature and South Texas municipal representatives to secure the matching funds for this project. All together, this bill will spark over $85 million of water infrastructure improvements for border and rural regions in Texas," said Hinojosa.

The South Texas water infrastructure system currently loses 25% of the transported water to evaporation and seepage. This legislation would allow the Bureau of Reclamation to conduct projects that would significantly improve the conservation of our scarce water resources.

"I hope that this legislation will help ebb the devastating agricultural and economic losses our community and our farmers have had to endure over the last decade. Economists have estimated that the water shortage has cost the Texas economy almost one billion dollars in the last ten years, and cost are now mounting at a pace of up to $400 million annually," said Hinojosa.

"This legislation is one more step in solving our water shortage issues. I remain dedicated to helping our community address this problem by every possible method," concluded Hinojosa.

Projects included in this act:

• $1,425,219 for the Bayview Irrigation District No. 11, Cameron County
• $722,100 for the Brownsville Irrigation District, Cameron County
• $4,173,950 for Harlingen Irrigation District No. 1, Cameron County
• $8, 269,576 for Cameron County Irrigation District No. 2, Cameron County
• $5,607,300 Cameron County Irrigation District No. 6, Cameron County
• $2,500,000 for Adams Gardens Irrigation District No. 19, Cameron County
• $8,929,152 for the Hidalgo and Cameron Counties Irrigation District No. 9, Hidalgo and Cameron Counties
• $8,000,000 for the Delta Lake Irrigation District in Hidalgo and Willacy Counties
• $5,312,475 for Hidalgo County Irrigation District No. 2, Hidalgo County
• $5,595,018 for Hidalgo County Irrigation District No. 1, Hidalgo County
• $3,450,000 for Hidalgo County Irrigation District No. 6, Hidalgo County
• $4,609,000 for Texas Santa Cruz Irrigation District No. 15, Hidalgo County
• $2,251,480 for the Engelman Irrigation District, Hidalgo County
• $500,000 for the Valley Acres Water District, Hidalgo County
• $1,500,000 for the Hudspeth County Conservation and Reclamation District No. 1, Hudspeth County
• $10,500,000 for the El Paso County Water Improvement District No. 1, El Paso County
• $2,500,000 for the Donna Irrigation District, Hidalgo County
• $2,800,000 for the Hidalgo County Irrigation District No. 16, Hidalgo County
• $6,067,021 for the United Irrigation District, Hidalgo County

••••••

Sen. Zaffirini begins session as 2nd-highest ranking senator

State Sen. Judith Zaffirini, D-Laredo, became the second highest-ranking Texas state senator on Tuesday, January 9, during Opening Day Ceremonies officially gaveling to order the 80th Texas Legislative Session. She returns as the highest-ranking senator for Bexar County and the border region, including Starr County.

"I truly am delighted to renew my unwavering support of all families in Senate District 21," Zaffirini said. "I especially look forward to prioritizing higher education, health and human services and ensuring the health and welfare of all persons living in my district and throughout our great state."

First elected in 1986, Zaffirini begins her 20th year in the Texas Senate.

Zaffirini’s work ethic is reflected in her100 percent perfect attendance and voting record in the Texas Senate since 1987. She has cast more than 34,000 consecutive votes and has sponsored and passed 515 bills and 51 substantive resolutions and co-sponsored and passed another 253 bills.

Her most recent legislative successes include sponsoring and passing HB 153, which authorizes Texas universities to issue $1.9 billion in tuition revenue bonds for capital improvements. This was the largest single investment Texas has ever made for higher education. What’s more, in August, 2006, Lt. Gov. David Dewhurst appointed Zaffirini Chair of the Senate Subcommittee on Higher Education.

"Higher education is my passion and my highest legislative priority," Zaffirini said. "I am grateful that Lieutenant Governor David Dewhurst named me chair of the Senate Subcommittee on Higher Education, and I look forward to working with my colleagues to ensure that higher education is made affordable, accessible and provided to all students with the utmost quality and assurance of excellence."

Zaffirini also will prioritize health and human services, early childhood education, finance and government efficiency. Access to quality health care for Texas communities is a top priority. She will work to expand statewide health services, support and enhance community health services and improve overall health and human services for every family living in Texas.

Zaffirini pre-filed 25 bills before the session began, ranging from modifying State classification processes of colonias to creating tax-free periods for buying college textbooks.

Zaffirini’s new Capitol office is located in the Senate’s east wing, 1E.14. The 80th session will adjourn on May 28. Live sessions of the Senate and its committee hearings are available via <a href="http://www.capitol.state.tx.us/&quot; target="_blank"><font color="#0000ff" size="2">www.capitol.state.tx.us</a>. The website offers information regarding the legislature and other government agencies.

Information about the status of bills is available online via the Legislative Reference Library’s toll-free Texas number, 877/824-7038.

"I look forward to working with Lt. Gov. Dewhurst and my Senate colleagues to pass legislation that places families first, improves public and higher education and increases access and availability of quality health services," Zaffirini said. The lieutenant governor is expected to appoint new Senate committees this month.

••••••

Gov. Perry orders flags at half-staff in memory of former Texas Speaker Bill Clayton

Gov. Rick Perry on Tuesday, January 9, directed that Texas flags be flown at half-staff in memory of Bill Clayton, former Speaker of the Texas House of Representatives.

“We will lower our flags in remembrance of an influential Texan, who exemplified leadership and true public service as a member and Speaker of the Texas House of Representatives,” Perry said. “Anita and I extend prayers of comfort to Speaker Clayton’s family during their time of grief.” The governor’s directive applied to the flag of the State of Texas.

Texas flags were lowered immediately to half-staff on the state Capitol Building and on flag displays in the Capitol Complex, and upon all state buildings, grounds, and facilities throughout the state until sunset on the day of his interment, Wednesday, Jan. 10, 2007.

Individuals, businesses, municipalities, counties, and other political subdivisions were encouraged to fly the flag at half-staff for the same length of time as a sign of respect. On Dec. 27, Perry ordered all U.S. and state flags under the control of the state be lowered to halfstaff for 30 days in memory of former President of the United States Gerald R. Ford.

••••••

STC receives $700K grant to address shortage of computer and information technology professionals

South Texas College was one of 72 community colleges from across the nation recognized by the United States Department of Labor (DOL) to receive the highly competitive President’s CommunityBased Job Training Grant. STC was awarded $708,476 to support training in Computer Science and Information Technology Programs as a result of the shortage of professionals in these areas in Hidalgo and Starr Counties.

In 2004 President Bush introduced the Community-Based Job Training Grant as an opportunity for community colleges to prepare and train professionals in skills that their local workforce demands in order to grow and flourish.

According to the U.S. Bureau of Labor Statistics, by the year 2015, computer science and information technology-related positions will increase by 58 percent in Hidalgo and Starr Counties, including computer support specialist positions that require two-year degrees.

“As new companies continue to pop up in the area we want to make sure that we are offering them the home-grown talent to support their computer and information technology needs,” said Mario Reyna, division dean of Business, Math, Science and Technology for STC. “It is important that we provide this critical man power from our community, or we risk losing jobs to vendors and suppliers outside of the Valley, as well as losing the interest of prospective businesses that may be looking at multiple sites. Computer and information technology are mission-critical to any business in this age of 24-7 customer service. If we want to compete at the national level and bring our Metropolitan Statistical Area (MSA) to a new level, our community, our public and private schools must emphasize to students the need to acquire the skills in this field. Not having enough personnel for this career field is becoming a national security issue.”

“Information technology is an area that has been quickly growing in these two counties and we need to help those interested in this field get into the program and prepare to address the challenges of this fast-paced industry,” said Meliton Hinojosa III, project director for the grant for STC. “Currently we have more than 600 students in our Computer Science and Information Technology programs, but this does not begin to address the needs of the counties we serve. This new generation is growing up pretty computer savvy, but you still need to learn IT skills and earn industry certifications to prepare you for the job market.”

Through the support of this grant, STC hopes to recruit and maintain approximately 1,225 students between its Computer Science and Information Technology Programs, create a network of academic and personal support services for these students and offer tuition assistance for computer science and information technology professional development training for students and faculty in the program.

“The college’s recognition by the DOL was due in part to STC’s innovative strategies and programs to create more job opportunities in the Rio Grande Valley in addition to the support of several key partners and colleagues including, the Valley Initiative for Development and Advancement, WorkFORCE Solutions and area ISDs involved in our dual enrollment program,” said Luzelma Canales, director of grant development, accountability and management services for STC. “These partners truly understand the ripple impact of computer and information technology on business development and sustainability and we know that this grant would not have been possible without their support.”

Computer Science and Information Technology courses are currently being offered at the college’s Pecan Campus and Technology Center in McAllen, Mid-Valley Campus in Weslaco and Starr County Campus in Rio Grande City. For additional information contact Saeed Molki, chair of the Computer Science Program for STC, at 956-872-8236 or Adolfo Lozano, chair of the Information Technology Program for STC, at 956-872-6175 or visit <a href="http://www.southtexascollege.edu/business/&quot; target="_blank"><font color="#0000ff" size="2">http://www.southtexascollege<wbr></wbr&gt;.edu/business/</a>.

••••••

Congressman Hinojosa on anniversary of the No Child Left Behind Act: "We still have a long way to go"

Congressman Rube?n Hinojosa, D-Mercedes, a senior member of the House Education &amp; Labor Committee, on Tuesday, January 9 released the following statement regarding the fifth anniversary of the No Child Left Behind Act:

"Five years ago, the Federal Government made a solemn promise to our children. Academic achievement and grade level proficiency are the right of every child regardless of race, ethnicity, family income, or the language spoken at home. With the No Child Left Behind Act, we pledged to hold ourselves accountable for measurable results towards that goal. The bargain was increased resources for increased expectations and increased accountability.

"On this fifth anniversary, we must acknowledge that we have a long way to go. The law is currently funded at only half of its authorized level. While the number of children living in poverty has climbed, many schools and districts have seen a decrease in funding from Title I, the core program in NCLB.

Two Government Accountability Office Reports call into serious question the implementation of NCLB for English language learners. Five years into the law, there is little valid and reliable information about the achievement of English language learners. Reading First, a $5 billion federal investment to improve reading instruction and achievement in the early grades, has been rife with scandal and conflicts of interest.

"We must do better. As we work to reauthorize NCLB, we must extend the culture of accountability to the federal government. We must hold ourselves accountable for providing the financial resources and for fully implementing the law for all students – especially English language learners and students with disabilities who do not fit neatly into current state assessment and accountability systems. Finally, all of us at the federal level must exhibit same transparency and integrity as we are demanding from states and schools as they implement the law and report the results. To do less would be to violate the spirit and the promise of the No Child Left Behind Act."

••••••

Workshop to examine broadband connectivity competition issues, including network neutrality

The Federal Trade Commission will host a two-day public workshop on “Broadband Connectivity Competition Policy” in Washington, DC, on February 13 and 14, 2007.

The workshop will bring together experts from business, government, and the technology sector, consumer advocates, and academics to explore competition and consumer protection issues relating to broadband Internet access, including so-called “network neutrality.”

The workshop will explore issues raised by recent legal and regulatory determinations that providers of certain broadband Internet services, such as cable modem and DSL, are not subject to the Federal Communications Commission’s commoncarrier regulations.

Agenda items for the two-day workshop include:

• Technical Primer on the Internet;
• What is the debate over “network neutrality” about?
• Discrimination Against and Blockage of Content and Applications;
• Network Operators Charging Fees for Prioritized Delivery of Data;
• Current and Future State of Broadband Competition;
• Consumer Protection Issues in Broadband Internet Access; and
• What framework best promotes competition and consumer welfare? Industry and academic/ policy views.

The event, which is free and open to the public, will be held at the FTC’s satellite building conference center, located at 601 New Jersey Avenue, N.W., Washington, DC. Members of the public and press who wish to participate but who cannot attend can view a live Webcast of the workshop on the FTC’s Web site.

For further information about the workshop, including a draft agenda, as well as instructions for pre-registering and submitting written comments on the topics to be addressed at the workshop, please consult the FTC Web site at http://www.ftc.gov/opp/workshop/broadband/index.html.

••••••

City Council to hold 6:30 p.m. Tuesday workshop on new development codes prior to 7 p.m regular session

EDINBURG CITY COUNCIL
CITY OF EDINBURG,
HIDALGO COUNTY, TEXAS

Location: University of Texas – Pan American
International Trade and Technology Building
1201 West University Drive
300 Block, Dr. Miguel Nevarez Drive
JANUARY 16, 2007

WORK SESSION
6:30 P.M.
Presentation and Update on Unified Development Code (UDC) by Bret Keast, Kendig Keast Collaborative.

REGULAR MEETING AGENDA
7:00 P.M.

I. CALL TO ORDER, ESTABLISH QUORUM.

A. Prayer.

B. Pledge of Allegiance by Councilmember Gus Garcia.

II. CERTIFICATION OF PUBLIC NOTICE.

III. PUBLIC COMMENTS.

IV. MAYOR’S REPORT.

V. CITY MANAGER’S REPORT.

VI. PRESENTATION.

Presentation on Rio Metro Transit Services by Tom Reyna, Transit Planner, LRGVDC.

VII. PUBLIC HEARINGS/ORDINANCES.

Hold Public Hearing and Consider Ordinances Providing for a Comprehensive Plan Amendment from Urban Residential Uses to Industrial Uses and the Rezoning Request from R-A1, Single Family Residence District to M-2, Industrial District (General), being all of Lots 30, 31, 32, 34, 35, and 9 acres out of Lot 33, Santa Cruz Gardens Unit No.1 Subdivision, located approximately 2,100 feet west of U.S. Highway 281 on the north side of Palm Drive, as requested by Edinburg Economic Development Corporation. (Remove Item from Table-CC Mtg. 12-05-06)

VIII. AWARDING OF BIDS/CONTRACTUALS/RESOLUTIONS.<wbr></wbr>

A. Consider Awarding Bid No. 2007-27, Geosynthetic Material Supply, To GSE Lining Technology, Inc., of Houston, Texas and Environmental Specialties International of Baton Rouge Louisiana, in the Amount of $726,239.21, Plus Bonds.

B. Consider Awarding Bid No. 2007-37, Uninterrupted Cleaning and Inspections of Water Storage Tanks, in the Amount of $24,475.

C. Consider Awarding Bid No. 2007-38, Urethane Roof Replacement for Ebony Golf Course to Rio Grande Urethane Roofing &amp; Installation, in the Amount of $23,900.

D. Consider Awarding Bid No. 2007-42, Reconstruction of One (1) Residence in the Housing Assistance Program to Quality Investments.

E. Consider Awarding Bid No. 2007-43, Reconstruction of One (1) Residence in the Housing Assistance Program to Quality Investments.

F. Consider Rejecting Bid Number 2007-41, Reconstruction of One (1) Home in the Housing Assistance Program.

G. Consider Authorizing Interim City Manager to Enter Into An Inter-local Agreement for Cooperation and Joint Sponsorship for Rio Metro-Edinburg Bus Shelters.

H. Consider Authorizing Interim City Manager to Enter Into a Two Party Contract with Evergreen Valley, Inc., Developer, to Participate in the Oversizing of a 36” Drain Line for Santa Gloria Subdivision, for an Amount Not-to-Exceed $23,689.50.

I. Consider Resolution Authorizing the Creation of the “City of Edinburg Texas Local Government Finance Corporation” to Assist with Financing and Constructing Economic Development Projects Within the City, and Approving the Articles of Incorporation and Bylaws for the Corporation.

IX. CONSENT AGENDA.

A. Consider Authorizing City Manager to Amend the Professional Engineering Services Agreement with Melden &amp; Hunt, Inc. for the Wastewater Treatment Plant Expansion Project – Stage II, in the Amount Not-to-Exceed $415,000.

B. Consider Transfer of Funds in the Fiscal Year 2006-2007 Budget Within the Following Account: &amp;nbs p; &amp;nbs p;

Airport: From Materials-Equipment Account to Rents and Contracts Account, in the &amp;nb sp; &amp;nb sp; <wbr></wbr> Amount of $575.

X. EXECUTIVE SESSION.

The City Council will convene in Executive Session, in accordance with the Texas Open Meetings Act, Vernon’s Texas Statutes and Codes Annotated, Government Code, Chapter 551, Subchapter D, Exceptions to Requirement that Meetings be Open, §551.071, Consultation with Attorney; Closed Meeting.

1. Legal Discussion-On Construction Status of Lift Station No. 25.

2. Legal Discussion – Tax Increment Reinvestment Zone Requested by First Hartford Realty Corporation.

3. Discussion of Status of Litigation IN RE: ABSOLUTE WASTE ACQUISITIONS, INC., Debtor Case No. 05-22374-c-11; United States Bankruptcy Court Southern District of Texas Corpus Christi Division.

4. Discussion Regarding The Construction Agreement With Velasco Construction Development L.P. For The Public Safety Complex Addition And Renovation.

OPEN SESSION:

The City Council will convene in Open Session to take necessary action, if any, in accordance with Chapter 551, Open Meetings, Subchapter E, Procedures Relating to Closed Meeting, §551.102, Requirement to Vote or Take Final Action in Open Meeting.

XI. ADJOURNMENT.

I hereby certify this Notice of a City Council Meeting was posted in accordance with the Open Meetings Act, at both bulletin boards located at the main entrances to the City Offices of the City of Edinburg, and at the 210 West McIntyre entrance outside bulletin board, visible and accessible to the general public during and after regular working hours. This notice was posted on January 12, 2007 at 6:05 p.m.

BY: /s/ Myra Garza,
City Secretary &amp;nb sp;
City of Edinburg, Texas &amp; nbsp;

IF ACCOMODATIONS FOR A DISABILITY ARE REQUIRED, NOTIFY THE CITY SECRETARY DEPT. AT 383-5661 PRIOR TO THE MEETING DATE. WITH REGARD TO ANY ITEM, THE CITY COUNCIL MAY TAKE VARIOUS ACTIONS; INCLUDING BUT NOT LIMITED TO RESCHEDULING AN ITEM IN ITS ENTIRETY FOR A FUTURE DATE OR TIME. THE CITY COUNCIL MAY ELECT TO GO INTO EXECUTIVE SESSION ON ANY ITEM WHETHER OR NOT SUCH ITEM IS POSTED AS AN EXECUTIVE SESSION ITEM AT ANY TIME DURING THE MEETING WHEN AUTHORIZED BY THE PROVISIONS OF THE OPEN MEETINGS ACT.

Countys top leader takes office

Countys top leader takes office - Titans of the Texas Legislature

With his wife, Janie, looking on – and holding the Bible used in the ceremony – Hidalgo County Judge J.D. Salinas, left, takes his oath of office on Monday, January 1, from his mentor and friend, former Texas Comptroller of Public Accounts John Sharp. "Embracing change means accepting risk, taking bold steps, using failure as a lesson and not as an excuse," Salinas, a former Hidalgo County County Clerk, said during the event. Among his first acts as judge was to reject a pay raise given to the county judge’s position late last year by the Hidalgo County Commissioners Court, which also received salary boosts. Ramón García, who was county judge at the time, did not request the $20,000 annual pay raise, which went into effect on January 1. On January 2, Salinas expanded the operating hours of the county’s judge’s office to better serve the public. His office hours are now 7:30 a.m. to 5:30 p.m. Monday through Friday. More information on Salinas’ first week is included later in this posting.

••••••

Countys top leader takes office - Titans of the Texas Legislature

Congressman Rubén Hinojosa, D-Mercedes, takes the oath of office for his sixth term from Speaker of the House Nancy Pelosi, D-San Francisco, as the congressman’s wife, Martha, holds the Bible with their two daughters, Kaity and Karen, proudly looking on. More information on Hinojosa’s swearing-in is included later in this posting.

••••••

Countys top leader takes office - Titans of the Texas Legislature

The Texas Tornados baseball club, which features some of Hidalgo County’s best young athletes from Palmview, Sharyland, Pharr, and Edinburg, were honored recently by the Edinburg City Council for winning the state championship in mid-November in Round Rock against teams from Houston, the Woodlands, San Antonio, and Round Rock. The baseball squads feature players age 5 to 7 years. The area team, which was presented a congratulatory proclamation on behalf of the Edinburg City Council by Mayor Joe Ochoa, will play in the first World Series for that age group in July 2007. Area businesses who served as financial sponsors for the team were Big Engineering, Deseo Construction, Tejas Reprographics, ECISD board member Greg García, Inter National Bank, Triple C Transport, JLV Utility Construction, Phoenix Agency, Vital Health Care, Superior Oil Express, Rapid Mortgage Company, and Gilbert Enríquez. Featured in this portrait with the mayor (listed in alphabetical order, not in physical order) are: Coach Ramiro Amador of Edinburg; Ramsey Amador of Edinburg; Adam Alviso of Edinburg; Alec García of Sharyland; Coach Michael Granados of Edinburg; Ismael López III of Edinburg; R.J. Ochoa of Edinburg; Rubén Ortega IV of Pharr; Félix Ramírez of Edinburg; Coach J.R. Ramírez of Edinburg; Coach Juan Ramírez of Edinburg; Alex Rodríguez of Edinburg; Eli Rodríguez of Palmview; Coach Ronnie Rodríguez of Edinburg; and Jaime Silva of Edinburg.

••••••

New Hidalgo County Judge Salinas rejects higher salary approved last year by county commissioners court

In his first week as Hidalgo County Judge, J.D. Salinas seen his share of housekeeping chores, helping office visitors and slashing budgets.

But one of the more significant actions he took, which received little media play, is that while presiding over his first commissioners’ court meeting on January 1, Salinas rejected a high salary offered to him.

"The position of county judge was budgeted at $105,000," Salinas said. "I have officially rejected that salary and filed the proper paperwork with the auditor’s office."

Instead, Salinas will earn a salary of about $86,000, saving taxpayers $19,000.

"It was the right thing to do," Salinas said of his action.

During his first week in office, Salinas saw 16-hour days, with 15-minute lunch breaks taken inside the office.

"We have had a lot of visitors," Salinas said. "So many residents have come by asking for help with housing problems, road problems and with questions.

"It’s our job to help them resolve these issues," he added, "And we’re getting it done."

Visitors to the county administration building last week were able to see Salinas at work through huge windows looking into his conference room and inner office.

"The offices are being cleaned, the blinds have been pulled back and they will remain open," Salinas said. "We want the people of Hidalgo County to know we are here working hard for them, and we want them to feel welcome to come in and ask for help."

••••••

City of Austin web site to provide live coverage of Texas House of Representatives during regular session

The City of Austin’s Office of Communications and Public Information announced on Friday, January 5, that cable Channel 6 will provide coverage of the House of Representatives during the 80th session of the Texas Legislature.

Channel 6 is available to Austin-area viewers on both the Time Warner and Grande cable systems. In addition, Channel 6 programming is accessible via live streaming on the City of Austin Web site: http://www.cityofaustin.org/channel6

Coverage from the State Capitol will begin with the session’s opening gavel at noon Tuesday, Jan. 9.

Channel 6 will air live House proceedings every day representatives are in session, except on those Thursdays when the Austin City Council meets. Travis County Television (TCTV) Channel 17 will offer coverage of House every Thursday. And as they have done since 1999, the Austin Independent School District’s Channel 22 will again offer coverage of the Texas Senate.

The Texas Legislature meets in regular session for 140 days every odd-numbered year. This year’s legislative session is scheduled to run through May 28, 2007.

Created in 1985, Channel 6 is responsible for televising gavel-to-gavel coverage of Austin City Council meetings. In addition, the municipal government channel offers coverage of City-related news conferences and events, as well as various boards, commissions and task force meetings.

Contact: Communications and Public Information Office, (512) 974-2220

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Congressman Rube?n Hinojosa sworn in for 6th term by Speaker Pelosi

Congressman Rube?n Hinojosa, D-Mercedes, on Thursday, January 4, was sworn into office for his 6th term by House Speaker Nancy Pelosi, D-San Francisco, shortly after she was elected the first woman Speaker of the U.S. House of Representatives.

Pelosi, the nation’s first female Speaker of the House, returns Democrats back in the leadership chair for the first time in more than a decade.

“I am excited about the new era that was just ushered into action in Washington, DC. With Democrats back in charge, the people’s priorities will come first once again,” said Hinojosa.

Hinojosa commenced his 11th year as the U.S. Representative for the 15th Congressional District of Texas, which includes Edinburg.

“With each new session comes new opportunities, but the 110th Congress will yield more than most. The first 100 hours will bring integrity and honesty back to Congress with the passage of the new rules package," he said.

"Within the first full week of session, Democrats will enact the 9/11 Commission recommendations, increase the minimum wage, allow stem cell research, and authorize the U.S. Department of Health and Human Services to negotiate for lower prescription drug prices,” added Hinojosa. “Rounding out the first month, Congress will also cut interest rates on student loans making higher education attainable to an even greater degree of Americans."

To help advance the goal of making a quality education available to every American student, before the end of January, Hinojosa plans to introduce several key bills that will curb the student dropout rate, help schools improve their science laboratories, and provided needed resources for English language learners.

"To help our colleges and universities, I will work to establish a grant program that will help increases graduate programs at Hispanic Serving Institutions. In the coming year, I will also work to expand adult education programs at all levels to help make education a lifelong endeavor,” said Hinojosa.

As a senior member of the House Education and Labor Committee, Hinojosa will bring these ideas to the table and work with committee chairman George Miller, D-San Francisco, to get them addressed in the 110th Congress. For the first time in my career, I will seek a Subcommittee Chairmanship in the House Education and Labor Committee,” continued Hinojosa.

To help rural communities, within the first month, Hinojosa will introduce legislation that: crafts a $30 million national grant program to help create and improved rural rental housing units; authorizes the Rural Housing and Economic Development grant program; makes permanent a yearly $15 million funding stream for the Housing Assistance Council; expands financial literacy training and resources; and recognizes April as financial literacy month and a financial planning week in October.

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Edinburg economy continues key advances, with more than 5 percent growth since 2005

Edinburg’s economy, as measured by the amount of local and state sales taxes generated by a wide range of local businesses, was up 5.26 percent over the previous 12-month period, the Edinburg Economic Development Corporation has announced.

The EEDC is the jobs-creation arm of the Edinburg City Council.

It’s five-member governing board, which is appointed by the Edinburg City Council, includes Mayor Joe Ochoa, former Mayor Richard García, who serves as board president, Fred Palacios, Mike Govind, and George Bennack.

The figure translates into more than $12.1 million generated in local sales taxes that went into the city government’s treasury, which is used to help pay for dozens of major city services, ranging from new streets to city personnel.

During 2005, the city’s economy generated slightly more than $11.5 million in local sales taxes.

For November, the latest month for which local sales tax figures are calculated by the Texas Comptroller of Public Accounts, Edinburg’s economy generated $930,412.70 in local sales taxes.

That figure is up 1.89 percent over November 2005, which reported $913,388.39 in local sales taxes.

Texas Comptroller Carole Keeton Strayhorn said on December 8 that the state collected $1.73 billion in sales tax in November, up 9.4 percent compared to November 2005. The comptroller sent local governments $403.8 million in December sales tax allocations, up 8.4 percent compared to December 2005.

Edinburg remained firmly entrenched as the second strongest economy in Hidalgo County.

According to the comptroller’s office, Hidalgo County also showed continued prosperity. For 2006, all cities in Hidalgo County generated more than $109 million in local sales taxes, up almost 10.75 percent over 2005, which reached $98.5 million.

For the month of November, all cities in Hidalgo County registered almost $8.4 million in local sales taxes, up almost 8 percent over the November 2005 figure of more than $7.7 million.

Neighboring Cameron County also registered economic growth, according to the state figures.

For 2006, all cities in Cameron County generated $57.9 million in local sales taxes, up 10.81 percent over last year’s figure of $52.3 million. For November, all cities in Cameron County reported $4,247,450.46 in local sales taxes, up 7.57 percent over the November 2005 figure of $3,948,017.53.

"The final sales tax allocation of 2006 brings total local sales tax revenue for the calendar year to a record $5.2 billion," Strayhorn said. "This marks the first time local sales tax revenues have reached $5 billion in a single year."

"In 1999, in my first year as comptroller, I distributed $3.5 billion in local sales tax. Compared to that year, annual local sales tax revenue is up 47.8 percent," Strayhorn said.

"Texas’ population growth, diversity and economic strength have helped the state recover from the ’02-’03 economic slowdown that followed the triple economic whammy of 9/11, the Enron and WorldCom scandals and the high tech bubble bursting. Local communities have bounced back from economic setbacks and natural disasters like Hurricane Rita," said Strayhorn.

Strayhorn sent Texas cities December sales tax allocations of $273.1 million, up 8 percent compared to December 2005. City sales tax allocations during calendar year 2006 totaled $3.5 billion, up 13.5 percent compared to calendar year 2005. Counties’ December sales tax allocations were $24.8 million, up 13.9 percent compared to December 2005. Counties received $312.7 million in sales tax during calendar year 2006, up 16 percent compared to last year.

Ten local transit systems received December sales tax allocations of $93.2 million, a 7 percent increase over December 2005. Sales tax allocations to transit systems in 2006 totaled $1.2 billion, up 14.1 percent compared to the 2005 total. December sales tax allocations of $12.5 million went to 115 special purpose taxing districts, an increase of 17.6 percent compared to last December. Special purpose districts received $153.1 million during 2006, up 17.1 percent compared to 2005.

For details of December sales tax payments to individual cities, counties, transit systems and special purpose districts, locate the Monthly Sales and Use Tax Allocation Comparison Summary Reports on the Comptroller’s Web site http://www.window.state.tx.us/taxinfo/allocsum/compsum.html

The Comptroller’s next local sales tax allocation will be made on Friday, Jan, 12.

By DAVID A. DIAZ
[email protected]
For more information on the people and politics that impact Edinburg, please log on to http://www.EdinburgPolitics.com

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Passports required for air travel to United States as of January 23, 2007

The Departments of State and Homeland Security announced today that the requirement for citizens of the United States, Canada, Mexico, and Bermuda to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere will begin on January 23, 2007.

This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004. These new travel document requirements make up the Departments’ Western Hemisphere Travel Initiative (WHTI). In order to obtain national security benefits as quickly as possible, and to expedite the processing of arriving passengers, the plan will be implemented in two phases.

The first phase involves travel by air and requires all citizens of the United States, Canada, Mexico, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or re-enter the United States from within the Western Hemisphere. The final rule for the air phase of the WHTI rule will be published in the Federal Register on November 24, where it can be viewed at http://www.regulations.gov. That rule is also available on the Department’s consular web site, travel.state.gov and on the Department of Homeland Security’s web site, http://www.dhs.gov

A separate proposed rule addressing land and sea travel will be published at a later date proposing specific requirements for travelers entering the United States through land and sea border crossings. As early as January 1, 2008, U.S. citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea could be required to present a valid U.S. passport or other documents as determined by the Department of Homeland Security. While recent legislative changes permit a later deadline, the Departments of State and Homeland Security are working to meet all requirements as soon as possible.

The Department has dedicated additional resources and personnel to meet the increased demand for passports generated by these requirements. In Fiscal Year 2006, the Department issued a record 12.1 million passports to American citizens, and anticipates issuing 16 million passports in Fiscal Year 2007. U.S. citizens can find information about how to apply for a passport at travel.state.gov or by calling 1-877-487-2778.

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Attorney General Abbott, takes oath of office, begins second four-year term

Texas Attorney General Greg Abbott, a Republican, last week formally began his second term as the state’s chief law enforcement official when Texas Supreme Court Chief Justice Wallace Jefferson administered the oath of office at a ceremony performed at the Office of the Attorney General in the presence of agency employees.

After swearing to defend the laws and constitution of the State of Texas, Abbott renewed his commitment to tough law enforcement and thanked agency employees for their service to Texas citizens.

"Texans are blessed to have hard-working men and women who have committed their lives to serving the Office of the Attorney General and the State of Texas," said Abbott. "Whether arresting child sex predators, collecting child support, cracking down on senior abuse, or preserving taxpayer dollars, our dedicated employees make a difference in the lives of their fellow Texans in countless ways. It is truly an honor to work side-by-side with these public servants as we strive toward a safer, more just Texas."

Accomplishments during Abbott’s first term as Attorney General include:

  • $7 billion collected in child support
  • $300 million awarded to or on behalf of crime victims
  • $175 million recovered in Medicaid fraud, waste, and abuse
  • 500 child predators arrested

Abbott added: "The entire agency can be proud of our accomplishments, but our successes are not measured by numbers, arrests or money recovered. Rather, the greatest measure of our success is the Texans whose lives are improved by our service to the state."

Prior to his election as Texas’ 50th Attorney General on November 5, 2002, Abbott served as a Justice on the Texas Supreme Court and as a State District Judge in Harris County.

A native Texan, Abbott was born in Wichita Falls and raised in Duncanville. After graduating from the University of Texas with a B.B.A. in Finance, he received his law degree from Vanderbilt University.

Shortly after graduating from law school, he was partially paralyzed by a falling tree while jogging.

He and his wife, Cecilia, a former school teacher and principal, have been married for 25 years. They live in Austin with their nine-year-old daughter, Audrey.

For more information, visit the Attorney General’s Web site at http://www.oag.state.tx.us or call (800) 252-8011.

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Texas Comptroller Susan Combs succeeds former Comptroller Strayhorn, takes oath of office in House of Representatives chamber

Susan Combs, a Republican, was sworn in on Tuesday, January 2 as Texas Comptroller of Public Accounts in a public ceremony in the House Chamber by Governor Rick Perry. Combs was sworn in privately on January 1.

She succeeds Carole Keeton Strayhorn, also a Republican, who did not seek reelection, instead running as an independent candidate for governor against Perry, a Republican.

In her inaugural speech, Combs stated that she was honored by the great privilege of holding public office and humbled by this trust.

“All of us in public office are elected to serve the public interest and to do what is right for the citizens of this great state. Their vote is the gift of their trust and confidence and we must be true to that.

“This office is a unique state agency with a legendary reputation for outstanding service. We will preserve that reputation and build on it.”

Combs saluted the employees of the agency. “I have been privileged to already meet many of the wonderful people at the agency, and have stated that it is my policy there, as it was at the Department of Agriculture, that family is first. State employees create a family within each agency, but they also have families outside, and our policies must reflect that understanding.”

On policy, Combs said that she would bring 21st century technology to the agency. “Technology will increase efficiency and effectiveness,” Combs said. “It will help deliver information and service, make government more transparent and help provide data for economic development across the state.

“We will also work hard to protect your tax dollars from fraud by employing sophisticated technologies to deter those who would cheat the public,” Combs said. “We will make it easy to pay taxes and hard to cheat.”

In closing she added, “Every Texan will be welcomed. Every Texan will be treated fairly. Issues will be studied and evaluated based on their merits.”

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Legislative Budget Board reschedules session on local property tax relief until January 14

Lt. Governor David Dewhurst and Speaker Tom Craddick released the following statement on Wednesday, January 3, regarding the Thursday, January 4 scheduled Legislative Budget Board meeting:

"We are firmly committed to delivering the nearly $14 billion in local school property tax relief approved by the legislature last May and promised to the people of Texas for the next biennium. It is clear, however, that we need more time to discuss the options for setting a new spending limit to allow for this tax relief with members returning to Austin next week. For this reason, we have decided to postpone tomorrow’s Legislative Budget Board meeting until January 11, at which time we will adopt the lowest spending limit recommended by the LBB."

The LBB is authorized to meet during the legislative session to set a new spending limit as long as no budget action has been taken.

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Gov. Perry named one of nation’s most influential leaders in the Latino community

Gov. Rick Perry has been named one of America’s 101 most influential leaders in the Latino Community, according to Latino Leaders magazine.

In its December-January edition, the national publication noted that Gov. Perry “regularly reaches out to Hispanic voters” and “has the ability to influence the lives of millions of Hispanics, many of whom live in terrible conditions in ‘colonias’ along the U.S.-Mexican border.”

“Perry’s inclusive cultural approach to politics will work in his favor. His recognition of the Latino presence in Texas builds bridges in an age of increasing tension towards immigrants and border cities.”

Perry, who ranked 72, was one of ten Texans included on the magazine’s list of 101, and was the highest ranked of three border state governors.

Latino Leaders is a nationally distributed bimonthly magazine that focuses on the contributions of notable U.S. Hispanics.

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PEW survey: Hispanics favor troop withdrawals from Iraq even more strongly than general public

Two out of every three Latinos now believe that U.S. troops should be brought home from Iraq as soon as possible and only one in four thinks the U.S. made the right decision in using military force, according to a new survey released Thursday, January 4, by the Pew Hispanic Center.

Hispanics have generally expressed more negative views toward the war compared with the rest of the population. The latest survey, however, shows even stronger opposition on the part of Latinos, especially when it comes to keeping troops in Iraq.

Two-thirds of Hispanics (66 percent) now favor bringing troops home as soon as possible, up from 51 percent in January 2005. Conversely, Latinos who favored keeping troops in Iraq until the situation there has stabilized have declined from 37 percent to 19 percent.

Native-born Hispanics are generally more supportive of the war than are their foreign-born counterparts. But in the latest survey, the native born are almost as adamant about bringing troops home as the foreign born (62 percent vs. 68 percent respectively).

The general public also is more inclined to bring the troops home, but not to the same extent as Hispanics. A survey of the general population by the Pew Research Center for the People & the Press in December found that one in two Americans (50%) favored bringing troops home as soon as possible, up from 41 percent in January 2005.

The changing attitude toward the war is also evident in the answer to a basic question: Do you think the U.S. made the right decision or the wrong decision in using military force against Iraq? Since 2004, a third or more of Latinos responded that using military force was the right decision. In the latest survey, only 24 percent of Latinos agreed with that assessment. That is down from 39 percent in April/June 2004 and from 31% in August/October 2006.

By comparison, 42 percent of the general public believes the U.S. made the right decision in using military force, according to the survey by Pew Research Center.

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Freedom of Information Foundation of Texas elects officers, directors for 2007

The Freedom of Information Foundation of Texas, a First Amendment organization that educates, protects and advances the rights and responsibilities of the public to access government information and meetings, elected its 2007 officers and added five new board members on December 22.

The following officers were elected: Timothy M. Kelly, editor of  The Beaumont Enterprise, president; Laura Lee Prather, a partner in the law firm of Sedgwick, Detert, Moran & Arnold, L.L.P., vice president; and Dale Leach, chief of bureau for The Associated Press, treasurer. Keith Shelton, retired journalist in residence for the University of North Texas, was re-elected secretary.

New directors elected to the board included: Donnis Baggett, editor and publisher of  The Eagle in Bryan-College Station; Russ Coleman, vice president, general counsel and assistant secretary for Belo Corporation; Brian Collister, investigative reporter for WOAI TV in San Antonio; Bill Cornwell, publisher of The Facts in Clute; and Jennifer LaFleur, computer-assisted reporting editor for The Dallas Morning News

The following directors were re-elected to the board: Libby Averyt, editor of the Corpus Christi Caller-Times; David H. Donaldson, attorney with Graves, Dougherty, Hearon & Moody, P.C.; Joe Larsen, attorney with Ogden, Gibson, Broocks & Longoria, L.L.P.; Tony Pederson, Belo distinguished chair of journalism at Southern Methodist University; James Sibley, president of Title Data, Inc.; Nick Voinis, senior associate athletics director for communications at the University of Texas at Austin; Paul Watler, attorney with Jenkins & Gilchrist, P.C.; Joel White, with the law firm of Joel White & Associates; and Thomas Williams, attorney with Haynes and Boone, L.L.P.

The FOIFT is a nonprofit 501(c)(3) organization supported through grants from private citizens, corporations, foundations and tax-deductible donations. For more information, call 214.977.6658, visit our Web site at http://www.foift.org or write to FOIFT, 400 S. Record St., Suite 240, Dallas, Texas 75202

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Dr. Lino García, Jr., speaks January 14 to explain Don Quixote’s influence

For 38 years Dr. Lino García, Jr., has taught college classes about the world’s greatest novelist and his literary work Don Quijote de la Mancha (the Spanish spelling), and on January 14 at 2 p.m. he will make a presentation in Spanish on this novel and on the author Miguel de Cervantes Saavedra at the Museum of South Texas History in Edinburg.

His talk will connect the human qualities of the early Tejanos who came into South Texas in 1749, colonizing it and established the prevalent culture and traditions, with the internal human qualities of the character Don Quijote de la Mancha.

Since the novel was first published in Spain in 1605, and it arrived in New Spain in 16i08, it is presumed that the early Tejanos had read this monumental work and were motivated by this fictional yet universal character to seek new adventure in a brave new land—South Texas.

“The book ‘Don Quijote de la Mancha’ (the Spanish spelling) is connected with the Rio Grande Valley,” García said. “This talk will attempt to connect the human qualities of the early Tejanos who came into South Texas, colonizing it and establishing the prevalent culture and traditions.”

“The title of my talk, Los Tejanos Y Don Quixjote de la Mancha, will connect the trajectory of early settlers of South Texas, which was then called New Spain (La Nueva España).

García is a Professor of Spanish Literature, with specialization on the Golden Age of Spain, and on the novel, “Don Quijote de la Mancha,” a literary work he has taught at the University of Texas-Pan America for over 36 years. He has done extensive lecturing on this work of Miguel de Cervantes Saavedra here and in Mexico. He has published on this work and is a founding member of the Academia Cervantina Internacional of the Universidad de Guanjuato, Mexico. He holds a doctorate from Tulane University, and has taught at UTPA for 40 years.

An eight-generation Tejano, García is a direct descendent of Don José Matías Longoria Chapa of Porción 93, received in 1767, and of the Longoria and Chapa families, original founders of what is now Matamoros, when all of Tejas and Mexico were then part of New Spain. He has done research on early Spanish Texas History and genealogy.

His talk will connect the human qualities of the early Tejanos who came into South Texas, colonizing it and establishing the prevalent culture and traditions. His talk will connect the early settlers of South Texas, with many of them presumably having read the monumental literary work by Cervantes Saavedra published in 1605-15 in Spain. It was possible that these early Tejanos settlers were motivated by this fictional yet universal character to seek new adventures a brave new land.

“It is said Don Quixote made the world a little bit more compassionate,” García said, “because of his chivalry, courtesy, good manners, reverence for females regardless of who they were, one extreme to the other, plus the treatment of human beings including his enemies.”

This lecture will be in the Courtyard Gallery at the Museum in downtown Edinburg. There is no extra charge for the program as it is included in the regular admission fee, $4 for adults, $3 for seniors 62 and over, $2.50 for students (with I.D. for college students) 13 and over. Children 12 and under are $1.50 and children 3 and under are free.

Phone 383-6911 for more information about the Museum located in Downtown Edinburg, or visit the Museum’s website:

http://www.mosthistory.org

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Federal Trade Commission reaches “New Year’s” resolutions with four major weight-control pill marketers

The FTC has filed complaints in four separate cases alleging that weight-loss and weight-control claims were not supported by competent and reliable scientific evidence. Marketers of the four products –Xenadrine EFX, CortiSlim, TrimSpa, and One-A-Day WeightSmart – have settled with the FTC, surrendered cash and other assets worth at least $25 million, and agreed to limit their future advertising claims.

“You won’t find weight loss in a bottle of pills that claims it has the latest scientific breakthrough or miracle ingredient,” said FTC Chairman Deborah Platt Majoras. “Paying for fad science is a good way to lose cash, not pounds.”

Xenadrine EFX

Two marketers of Xenadrine EFX will pay at least $8 million and as much as $12.8 million to settle FTC allegations that Xenadrine EFX’s weight-loss claims were false and unsubstantiated. The funds will be used for consumer redress. In a bankruptcy case not involving the Commission, the defendants have also agreed to pay at least an additional $22.75 million to settle claims brought by creditors and consumers, including personal injury claims for an earlier ephedra-based product.

Xenadrine EFX, which contains, among other ingredients, green tea extract (EGCG), caffeine, and bitter orange (Citrus aurantium), was advertised heavily in print and on television, including in such publications as People, TV Guide, Cosmopolitan, and Men’s Fitness. Xenadrine EFX advertising also appeared in Spanish-language publications.

The FTC’s complaint alleged that the defendants made false or unsubstantiated claims for Xenadrine EFX, including that it was clinically proven to cause rapid and substantial weight loss and clinically proven to be more effective than leading ephedrine-based diet products. According to the complaint, Robert Chinery commissioned several studies of Xenadrine EFX, none of which showed substantial weight loss. The complaint alleged that in one of these studies, subjects taking Xenadrine EFX lost an average of only 1.5 pounds over the 10-week study, while a control group taking a placebo lost an average of 2.5 pounds over the same period.

The complaint also alleged that Xenadrine EFX advertisements falsely represented that persons appearing in the ads achieved the reported weight loss solely by using Xenadrine EFX. According to the FTC complaint, consumer endorsers lost weight by engaging in rigorous diet and/or exercise programs. In addition, the endorsers were paid from $1,000 to $20,000 in connection with their testimonials; according to the complaint, Xenadrine EFX advertisements failed to disclose those payments.

The stipulated federal court order with Robert Chinery, Jr. and RTC Research & Development, LLC (“RTC”) prohibits certain claims regarding Xenadrine EFX and prohibits all claims regarding the health benefits, performance, efficacy, safety, or side effects of any weight-loss product, dietary supplement, food, drug, or device, unless the representation is true, not misleading, and substantiated by competent and reliable scientific evidence. The settlement also prohibits misrepresentations about any test or study. In addition, the order prohibits misrepresentations of the actual experience of any user or endorser and requires clear and prominent disclosure of any relationship that would materially affect the weight or credibility given to a user testimonial or endorsement. Finally, Robert Chinery and RTC cannot use their settlement with the Commission as a basis for seeking a cash refund of Xenadrine EFX-related income taxes that they previously reported as paid.

CortiSlim and CortiStress

The seven marketers of CortiSlim and CortiStress will surrender, in total, assets worth at least $12 million to settle FTC charges that they made false and unsubstantiated claims that their products can cause weight loss and reduce the risk of, or prevent, serious health conditions. In the final three settlement agreements announced today, the FTC will recover $8.4 million in cash, along with proceeds from the sale of a residence acquired with CortiSlim profits. The settlements also require the two individual defendants to liquidate tax shelters and transfer to the Commission any funds that remain after paying taxes and penalties. In two earlier settlement agreements, the defendants turned over $1.5 million in cash, a boat, a truck, a real estate interest, and proceeds from a tax shelter. The funds recovered from the seven defendants will be used for consumer redress.

The advertising campaign for CortiSlim ran nationwide, including ads on broadcast and cable television, radio, print media, and the Internet. The FTC’s complaint alleged that advertising claims about CortiSlim’s ability to cause rapid, substantial, and permanent weight loss in all users were false or unsubstantiated, as were claims about CortiStress’s ability to reduce the risk of osteoporosis, obesity, diabetes, Alzheimer’s disease, cancer, and cardiovascular disease. The FTC also alleged that CortiSlim and CortiStress infomercials were deceptively formatted to appear as talk shows rather than advertisements.

The final settlements announced today are with Stephen F. Cheng and his company, Window Rock Enterprises, Inc., and with Gregory S. Cynaumon and his company, Infinity Advertising, Inc. All of the settlements bar misrepresentations of any tests or studies and prohibit claims about the performance, effects on weight, or other health benefits of any dietary supplement, food, drug, cosmetic, or device unless the claims are true, not misleading, and substantiated by competent and reliable scientific evidence. The stipulated orders prohibit the use of deceptively formatted television and radio advertisements. In addition, the defendants cannot use their settlement with the Commission as a basis for seeking a cash refund of income taxes that they reported as paid.

TrimSpa

The marketers of TrimSpa will pay $1.5 million to settle FTC allegations that their weight-loss claims were unsubstantiated. According to the FTC’s complaint, the marketers had inadequate scientific evidence to support their advertising claims that TrimSpa causes rapid and substantial weight loss and that one of its ingredients, Hoodia gordonii, enables users to lose substantial amounts of weight by suppressing appetite.

Many ads for “TrimSpa Completely Ephedra Free Formula X32” featured testimonials. Celebrity Anna Nicole Smith claimed to have lost 69 pounds in eight months by using TrimSpa.

Other advertising claims included “Your high speed dream body diet pill” and “It makes losing 30, 50, even 70 pounds (or however many pounds you need to lose) painless.”

TrimSpa ads appeared on television, in magazines, on radio, and in local newspapers. TrimSpa was also promoted on a Web site, at some NASCAR events, and other live events.

The FTC consent agreement requires TrimSpa’s marketers – Goen Technologies Corp., Nutramerica Corp., TrimSpa, Inc., and Alexander Szynalski, also known as Alexander Goen – to pay $1.5 million. The agreement also prohibits the marketers from making any claims about the health benefits, performance, efficacy, safety, or side effects of TrimSpa, Hoodia gordonii, or any dietary supplement, food, drug, or health-related service or program, unless the claims are true, not misleading, and substantiated by competent and reliable scientific evidence.

One-A-Day WeightSmart

The Bayer Corporation will pay a $3.2 million civil penalty to settle FTC allegations that advertisements for One-A-Day WeightSmart multivitamins violated an earlier Commission order requiring all health claims for One-A-Day brand vitamins to be supported by competent and reliable scientific evidence.

Bayer ran a national advertising campaign for One-A-Day WeightSmart, which contains EGCG (epigallocatechin gallate), a green tea extract. Bayer also advertised on television, radio, and the Internet, and in newspapers and magazines, such as RedBook, Family Circle, and TV Guide

Advertising claims included statements such as:

“Just in! Most women over 30 can gain 10 pounds a decade, due in part to slowing metabolism.… So eat right, exercise, and take One-A-Day WeightSmart. The complete multi-vitamin with EGCG to enhance metabolism.”

“One-A-Day WeightSmart. The first and only complete multivitamin with an ingredient to enhance your metabolism. EGCG, a natural green tea extract, to help you while you manage your weight.”

The complaint alleges that Bayer Corporation marketed One-A-Day WeightSmart with unsubstantiated claims that it

  • increases metabolism;
  • enhances metabolism through its EGCG content;
  • helps prevent some of the weight gain associated with a decline in metabolism in users over age 30; and
  • helps users control their weight by enhancing their metabolism.

The FTC alleges that these unsubstantiated claims violate a 1991 Commission order against Bayer’s predecessor, Miles Inc., that require all claims about the benefits of One-A-Day brand products to be substantiated by competent and reliable scientific evidence.

In addition to the $3.2 million civil penalty, Bayer is prohibited from violating the FTC order and from making unsubstantiated representations regarding the benefits, performance, efficacy, safety, or side effects of any dietary supplement, multivitamin, or weight-control product.

The FTC acknowledges the National Advertising Division of the Council of Better Business Bureaus for its referrals of some of these cases.

The Commission vote to accept the Bayer settlement was 5-0. At the Commission’s request, the Department of Justice filed the complaint and proposed consent decree on January 3, 2007, in the U.S. District Court for the District of New Jersey.

The Commission vote to accept the TrimSpa consent agreement, subject to public comment, was 4-0, with Commissioner Rosch recused. The FTC will publish an announcement regarding the agreement in the Federal Register. The agreement will be subject to public comment for 30 days, beginning today and ending February 5, 2007. Comments should be addressed to the FTC, Office of the Secretary, Room H-135, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC requests that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.

The Commission votes to authorize staff to file the CortiSlim stipulated final orders were both 5-0. The stipulated final orders for permanent injunction were filed in the U.S. District Court for the Central District of California on October 3, 2006 for Stephen Cheng and Window Rock Enterprises, Inc. and on January 3, 2007 for Gregory Cynaumon and Infinity Advertising, Inc.

The Commission vote to authorize staff to file the Xenadrine EFX stipulated final order was 5-0. The stipulated final order for permanent injunction was filed in the U.S. District Court for the District of New Jersey on December 26, 2006.

NOTE: The proposed consent decree and the stipulated final orders are for settlement purposes only and do not constitute admissions by the settling defendants of law violations. They are subject to court approval and have the force of law when signed by the judge. Likewise, the administrative consent agreement is for settlement purposes only and does not constitute an admission of a law violation. When the Commission issues a consent agreement on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of $11,000.

Copies of the documents for these cases are available from the FTC’s Web site at  http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint in English or Spanish (bilingual counselors are available to take complaints), or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at  http://www.ftc.gov . The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to thousands of civil and criminal law enforcement agencies in the U.S. and abroad.

Titans of the Texas Legislature