Legislative Update

UPDATE 05/30/05

The House has adjourned Sine Die (with no tomorrow). Some Senators are saying that means for about two weeks. House members are saying the first of August. The governor said he will not call a Special session but would let the courts settle it. Today realizing there would be no agreement on much of anything he said he would call a Special Session if the House and Senate leader reach an agreement. With four Special Sessions already and more coming this session that is what he has done best.

The final count for the top 10 Bills that passed is three. #1 a $139 billion Budget, # 7 A revamping of the Workman's Comp Program and #10 a catchall Bill to make up for the shortfall from last session. What happened to the Balanced Budget our leaders were so proud of last year. It appears it came up about $ 3,000,000,000 short before the biennium ended.

Along with all the other money being spent by this Bill It will just about wipe out what is known as the Rainy Day Fund. House members were warned if they didn't pass this Bill they would not be able to pay for the Agencies that came up short and would lose millions of dollars in Federal matching funds.

Since there was no School Finance Reform or tax Bill passed HB 10 also sets aside $3,000,000,000 for education. Unable to agree how the money should be spent the Bill gives the money to Rep Kent Gruesendorf and his committee to spend the money as they see fit. That means than nine state Reps will decide how to spend the $ 3,000,000,000. Sounds like a real problem since Rep Gruesendorf is the one who authored HB 2 that the House & Senate could not agree on.

There were a few good Bills, a few ridiculous Bills that do no harm, some bad Bills and over 2500 Resolutions. We have to wait and see how the governor responds to them before we can say we really accomplished anything but we shall get the word out as soon as he acts. The only thing certain is that the lack of leadership evidenced this session will be fodder for the upcoming campaigns. And with most Bills being killed we didn't get hurt as bad as we could have.
--
Sputnik
State Chair TMRA 2

Several riders have questioned what happens now with the helmet law not passing, should we buy the sticker. Our answer is that, each individual has to make that choice for his self. The law clearly states that if you show an insurance card or rider training certificate the officer can not write you a ticket. We have taken the time and expense to go to court with countless riders all over the state to have illegal tickets dismissed. We have told each rider upon dismissal you now have a lawsuit that you can't lose. To date not one rider has been willing to take that step.

Writing a ticket after you show proof of compliance with the law is illegal. That officer has violated your civil rights and the agency they work for is guilty of failure to train. A no helmet stop that leads to a fishing expedition is also illegal. However there is only so much an organization can do to protect your rights. It comes down to you being willing to do your part.

We ask that you report any stop for no helmet to TMRA 2. We will use this for munitions in the next session. A letter or Email will be fine. We can share that with the legislators during the off session. The battle doesn't end just because the session ends. It is always ongoing even during the off session.

Texas ABATE, Texas COC and TMRA 2 work hard to protect your rights. Report any illegal helmet tickets to one of these groups and we will share information. Report any action taken because of a no helmet stop that you believe to be illegal to these groups as well. For instance we have heard of colors being taken after a helmet stop. This is illegal as hell and should not be accepted without a court hearing.

We will always do OUR part but it is up to YOU to file the suits and hit them in the pocket book. That is our best remedy for now.

Concerning the NTR RallyThis has been a trying experience for all concerned. It was primarily a case of two worlds colliding with one world not realizing the depth to which honor goes for bikers. While a settlement has been reached the issue has not been resolved to the point of back slapping and hand shaking in my point of view.
I have told those in charge of the Rally that I would be happy to meet with them next year to help avoid a repeat of this years problems.
As chairman of TMRA 2 I work for the Bikers in Austin. I stand with Bikers in everyday life as well.

It has been a long, hard, expensive battle but one that has been worthwhile. We are now broke again.
Our HIPAA Correction Bill did not even get a start It was sent to sub committee by the Chair and didn't move. The same is true of the Failure To Yield Bill.
The helmet Bill came out on the final day Bills could be moved, along with 18 pages of other Bills. We were on page 15 but we still refused to leave until midnight rolled around. No point in spending this much time and effort then walk out before it was over. Of course they only covered 8 pages.
Chairman David Swinford of Amarillo was responsible for killing anything having to do with Recorded votes. His staff says he did that of his own volition. He felt it was not necessary to have such a Law. It makes you wonder what he has to hide.
We did have better luck with a couple of other Bills. HB 823 will give you the right to carry a concealed weapon in your vehicle, including on your bike, without a permit.
The real fight came on SB 1195 to cut down on consent searches. Rep. Jim Jackson fought the Bill to the bitter end by trying to run out the clock on the Bill. Rep. Dennis Bonnen finally pointed out that if he looked down a couple of Bills he would see that he was killing a Bill that would allow retired Peace Officers to carry a weapon. The Chair finally accepted a Point of Order that Jackson's time had expired and the vote was taken. The Bill passed to second reading with just 8 minutes to the deadline. The next day was the final day for the House to pass senate Bills on third reading. When it finally came down to SB 1195 on the final vote for passage the war was on again. This was a fight along party lines except for Rep Suzannah Gratia Hupp who strongly supported the Bill. It seemed the Republicans simply did not believe a citizen had the right to invoke their 4th Amendment Rights. Reps Hartnett, Chisum and Talton lead the battle with Hartnett being the most vocal. We will explain this in more detail on the next update.
After one hell of a battle which raged back and forth for nearly an hour HB 1195 passed third reading. Both these Bills will be sent to the governor to let him decide where he stands on the issues.

We are asking that you do just one thing for us beginning now. Contact your Senator and your Representative. Ask each of them if they will support these four Bills. Failure To Yield, the Helmet Amendment, the HIPAA Correction Bill and Equal Access. Write about only one issue per correspondence. That will require only eight letters and I am sure you have the time for that. It is very important that you do this. Then we can look at who needs to be removed from office in the worst way and get to work. Our helmet Amendment will be the same so you can start with that one. Download a copy of the Bill and send it along with your letter. We will send out another Bill in the next update. Please pass the information along to the TMRA 2 office so we can document all the answers.

Thanks,

AS OF 7:48PM THIS EVENING HB 823 THE RIGHT TO CARRY A WEAPON IN YOUR VEHICLE, INCLUDING ON YOUR BIKE, WITHOUT A PERMIT AND SB 1195 ARE READY TO BE SENT TO THE GOVERNOR. ALONG WITH ALL THE OTHER SHIT TO TAKE CARE OF ALONG WITH A TERRIBLE FIGHT FOR THESE TWO BILLS YOUR CHAIRMAN IS DRAINED.
THIS OLD WARRIOR IS GOING HOME TO SEE HIS YOUNG WARRIOR SON WHO CAME HOME FROM KOREA THURSDAY AND HAS NOT YET BEEN GREETED BY HIS DAD. HE IS GOING TO ALASKA IMMEDIATELY AND I'M GOING TO SEE HIM BEFORE HE LEAVES.A FULL UPDATE WILL BE SENT OUT SHORTLY.PASS IT ON!!!

The Senate did not take up HB 823 today but they still have time to get to it tomorrow.

We waited all day and night for the House to take up SB 1195 to curtail Consent searches. It finally came up at 11:44 pm and Rep Jim Jackson from Carrollton took the mike in an attempt to kill the BIll. Needless to say this old man was furious. HE kept repeating that he guessed he watched too much TV but he believes officers should have all the tools they can get. We watched the minutes tick away and vowed to be in his office in the morning waiting for him. Finally with 8 minutes to go Rep. Bonnen asked him if he had bothered to look at the third BIll down the line and say that. SB 578 was to give retired peace officers authority to carry a weapon. The Speaker then ruled that Rep Jackson's time had expired. Rep Dutton moved passage and SB 1195 passed with 96 Ayes and 41 Nays. It was the last BIll to pass to second reading before the deadline at midnight. It now goes for third reading tomorrow. Now this old boy is going to soak in a hot tub of water and snooze till 5:30 in the morning.

--

SputnikState Chair

The session is winding down and what a session it has been. With just seven days to go there is nothing of any import getting done. I know you are feeling down due to the loss of our Helmet Bill but here is a quick rundown of Bills that were sent to Transportation this year. Of the 244 Bills in Transportation 92 never came out of committee. Of the 152 Bills that came out of committee a large number of them died in Calendars and only 17 were passed by the Senate and sent to the governor. In short nothing much was accomplished by Transportation Committee.
The same is true of every other Committee with the primary culprit being the House Calendars Committee. The real battle was not between the R’s and the D’s this year but rather between the Lt. Governor and the Speaker. Both have refused to give and as a result only 335 Bills have been sent to the governor. Only four of the top ten House Bills have passed both Houses and are in Conference. The other six are dead. That in it’s self is not bad and thankfully for us several of those that have gone to the governor are nonsensical Bills that do no harm. It’s still too early to declare ourselves safe from this session but we definitely are not losers.
HB 823 the Bill to allow carrying a weapon in your vehicle is to be heard tomorrow on the Senate Floor. SB 1195 the Bill to stop unwarranted Consent Searches will be heard on the House Floor tomorrow. However SB 1140 the Bill to require Recorded Votes has died in the House State Affairs Committee. It would be a good idea to call Chairman David Swinford and ask why he felt his votes should be kept secret from public view. This is a Bill the Senate passed but after killing all House Bills pertaining to this issue Chairman Swinford chose to kill the Senate Bill. Whether by his own volition or at the order from the Speaker he alone is responsible for the death of SB 1140. I shall be asking him this question face to face in the morning.
Sputnik
State Chair / TMRA 2

District 87
David Swinford Capitol Phone: (512) 463-0470

District Address: 724 South Polk, Suite 760 Amarillo, TX 79101
District Phone: (806) 374-8787

73 hi-rez photos from NCOM 2005 are online.
Copy what you want, link if you need to.
http://www.icvmc-hillcountry.com/gallery/2005_05_07-NCOM

Texas did GOOD!

Respects,Mustang
In Country Vets M/C
Texas State Lieutenant
Hill Country
http://www.mustang.icvmc-hillcountry.com

Pardon me for ruining your day but HB 264 did not receive a vote last night before midnight and therefore died. When we we arrived to pick up the schedule for the House Floor yesterday morning there were seventeen pages of Bills to be heard. We were on page 15.
The war again began early. We took a break to testify in the senate committee on HB 823 and returned to the gallery. By 9:00pm it was apparent that most of the Bills on the list would not be heard and HB 264 would be one of them.Still we had come this far and could not walk away until the midnight deadline passed. With Da'Lady on the Floor and I in the gallery we finished the 16 hour day and then walked away in silence at midnight.HB 823 is still alive in the senate and we will see what happens to it in the next couple of days. Thanks for all your effort. We fought the good fight and will continue to do so.

OUR HELMET BILL WAS PLACED ON GENERAL CALENDARS AFTER MIDNIGHT LAST NIGHT.
IT IS SCHEDULED TO BE HEARD ON THE FLOOR THURSDAY.

Tonight on C-Span Senator Lautenburg introduced an amendment to the Transportation Reauthorization Bill ( SAFE TEA ) to reinstate the Federal BLackmail that states must have a Mandatory Helmet Law or face the loss of highway construction funds. This Amendment will be voted on tomorrow. Contact both Texas Senators in Washington in the morning and tell them to vote against the Lautenburg Amendment.
Don't hesitate.
Kay Bailey Hutchison 202-224-5922
John Cornyn 202-224-2934
Thanks,

The funeral mass for Rep. Joe Moreno will take place on Tuesday at Houston Catholic Charismatic Center 1949 Cullen Blvd. at I-45 South. Viewing will begin at 8:30 am with services to begin at 10:00am.
Burial will take place at 4:00pm at the Texas State Cemetary, 909 Navasota in Austin, Texas.
Condolances may be sent to his parents, Mr. & Mrs. Frank Moreno in care of Earthman Funeral Home. 2420 Fannin Houston, Texas 77002.

Sputnik will attend the burial in Austin.

#05NR10 - NATIONAL CALL TO ACTION – LAUTENBERG AMENDMENT UPDATE

The proposed amendment by Senator Frank Lautenberg will bring back the requirements for the states to have a universal helmet law or risk freedom in deciding what federal highway money can be used for. The repeal of the blackmail legislation in 1995 remains one of the greatest victories for motorcyclists and state sovereignty. The amendment would force the states to spend much needed money not on roads and bridges but on safety programs should the state not have a universal helmet law. Congress has shown a willingness to provide autonomy to the states when it comes to prioritizing spending on projects. Do not let Senator Lautenberg reverse 10 years of freedom. If you have not called on both of your US Senators, please do it now. There is no time for emails, faxes or letters, please make two phone calls to preserve our freedoms.

TEXAS
Kay Bailey Hutchison (R) 202-224-5922
John Cornyn (R) 202-224-2934

I regret to inform our members that we have lost one of our strongest supporters in the House of Representatives.
Rep. Joe Moreno had just ordered his FatBoy Harley-Davidson & had taken the riders training course last weekend. He planned to become a member of the Texas Chapter of Lawmakers MC. Representative Moreno will be sorely missed by our organization.
Funeral service details will follow.

SPUTNIK

*This message comes from Nashville, Tennessee during NCOM, where the bell will toll one time for each fallen brother accross the states whose name was entered onto the list. Representative Joe Moreno's name made it to that list just before the deadline yesterday. Please take a moment of silence for all our fallen brothers. ~Suds
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News Article :
http://www.statesman.com/news/content/shared/tx/legislature/stories/05/6moreno.html

Rep. Joe Moreno killed in accidentRep. Rafael Anchía and staff member of another representative hurt in one-car crash in Fayette County

By Tony Plohetski, Mike Ward
AMERICAN-STATESMAN STAFF
Friday, May 06, 2005
Texas State Rep. Joe Ernest Moreno died early today in a one-car accident on Texas 71 in Fayette County; a second state representative and the chief of a staff for a third representative were injured.
Texas Department of Public Safety officials said Moreno, the 40-year-old Houston Democrat, died around 2 a.m. at the scene of the accident between Ellinger and LaGrange. Moreno is the first state lawmaker to die during a legislative session since 2003 when Rep. Irma Rangel, D-Kingsville, died of a brain tumor.

Complete Legislature coverage

State Rep. Rafael Anchía, 36, D-Dallas, was taken to Brackenridge Hospital with non-life-threatening injuries, officials said. Monica Lisa Piñon, 28, the chief of staff for State Rep. Joe Pickett, D-El Paso, was in the back seat of the truck and also was taken to Brackenridge Hospital with broken bones. She is currently in surgery reportedly is in fair condition.
In a prepared statement, Gov. Rick Perry said Moreno served his community "with great dedication and integrity. Our thoughts and prayers are with Joe's family and friends during this difficult time. He will be dearly missed by all who knew him."
Perry also said he is praying for a "full and speedy" recovery for Anchía and Piñon.
DPS investigators said Moreno was driving west on Texas 71 when the 2004 pickup truck veered onto the shoulder. Moreno apparently overcorrected and the truck swerved into a ditch and rolled over several times.
House speaker Tom Craddick, R-Midland, said today that the group had been in Houston for the Houston Rockets game against the Dallas Mavericks, which had a scheduled 8:30 p.m. start time Thursday. Anchía was reportedly a loyal Mavericks fan.
State Rep. Mark Strama, D-Austin, said he also had been invited to go with the group Thursday but declined. Strama said he would issue a statement about the invitation later today.
"We are in shock this morning," Craddick said shortly after returning to the Capitol from Brackenridge Hospital. "
Nothing can prepare you for the sudden loss of someone that you see and talk with every day. Joe was a young man with a bright future who early on distinguished himself in his district and in the House."
This has been a discouraging and heartbreaking morning in which I have prayed for everyone involved," Craddick added. "We are grateful that Rafael and Monica are OK, but my wife, Nadine, and I are so grieved for the loss of Joe and for what his family must now face."
Craddick said he went to hospital last night with his chief of staff, Nancy Fisher, and stayed with Anchía until his wife arrived.
"We in the House consider ourselves a large family and, as a family, we experience both tragedy and joy," Craddick said on the House floor this morning. "As a family we will all mourn the passing of our friend Joe."
Initially, Craddick said this morning the House planned to meet today - and to host a wedding ceremony for Rep. Mary Denny, R-Aubrey, on the floor - to honor Moreno's memory. But after hearing criticism from at least one veteran member, Craddick reverse course and adjourned legislative business until Monday.
Rep. Senfronia Thompson, D-Houston, recalled a day late in the 1973 legislative session when the House skipped a day of business to honor Rep. Hawkins Menecee, a freshman legislator killed in a highway accident.
"I hope the administration, the leadership of this House will remember what we did in 1973," she said.
They did.
At the Capitol, news of the fatal accident drew an immediate reaction. By 8 a.m., callers and well-wishers already were stopping by the offices of Moreno, Anchía and Pickett to express condolences.
As the House convened at 9 a.m., two large bouquets of yellow roses were placed on Moreno's desk. Nearly two dozen house members, heads bowed, and several crying softly, gathered around. Several prayed, others hugged and quietly expressed condolences.
"He was such a talented, young man. It always happens to the best ones," said state Sen. Eddie Lucio, D-Brownsville. "We will work to keep his spirit alive. God gave him a big frame because he had a big heart. He will be very much missed."
Sen. Leticia Van de Putte, D-San Antonio, placed a single red rose on Moreno's desk. She stood silently for a few minutes, head bowed.
Craddick said that Anchía has been released from the hospital but that Piñon's broken bones made her condition more serious.
Pickett said Piñon had told him Thursday that two House members had invited her to the game. Pickett said she asked for permission to go.
Moreno was elected in November 1998 to represent House District 143 and is serving his fourth term in the House.
According to his biography, he has been involved for many years in the Harris County Tejano Democrats and the League of United Latin American Citizens Council.
He lived in Denver Harbor, and his district also included the Houston suburbs of Magnolia, Manchester, Jacinto City and parts of Pasadena.
During this year's session, Moreno was part of a group of lawmakers attempting to hit the petrochemical industry with fines and injunctions for hazardous air emissions. The effort was defeated Tuesday after they failed to get sufficient support for four amendments to toughen laws governing pollution releases.
Anchía was elected in November 2004 to represent District 103.
He began his public service in Dallas, where he was twice elected to the Dallas school board. A graduate of Southern Methodist University and Tulane law school, he is an attorney with the law firm of Patton Boggs.Anchía lives in the Dallas community of North Oak Cliff with his wife, Marissa, and daughter, Sofia.

H.O.T. Chapter

TMRA2 meeting date changed
Date: 5/6/05
From: hdrider@htcomp.net

As voted in the last meeting of the Heart of Texas Chapter of TMRA2, the meeting date FOR THIS MONTH ONLY is changed from the 2nd Sunday to the 3rd Sunday, so as not to conflict with Mother's Day. So put Sunday, May 15th on your calendar to be at Jim's Cycle Shop in Axtell at 1pm for the May meeting. This will be the last meeting b4 the TMRA2 State General Membership meeting in Brady on May 21st. Come to both if you can, and bring someone with you.
Ride Safe & Free (while U steelcan)
Greg BodovskySenate District 22 Advisor
Texas Motorcycle Rights Association
http://www.tmra2.org/
C.O.C. Member
ABATE Member
LET THOSE WHO RIDE DECIDE

ALL RIGHT WARRIORS WE HAVE COME DOWN TO THE WIRE. THE 10 IS THE FINAL DAY HOUSE BILLS CAN BE POSTED BY THE HOUSE. THAT MEANS WE MUST GET OUR BILL OUT OF CALENDARS AND ONTO THE FLOOR IN ONE WEEK. WE SPOKE WITH AMY, THE CALENDARS COMMITTEE CLERK AND SHE SAID SHE IS WORKING ON THE CHAIRMAN AND WILL TRY AGAIN TODAY. WE HAVE NO MORE TIME TO WASTE.IF YOU LIVE IN HOUSTON OR KNOW ANYONE IN HOUSTON YOU CAN GET TO CALL CHAIRMAN WOOLLEY PLEASE GET IT DONE IMMEDIATELY.

Let them know we have lived with the discrimination and Civil Rights violations brought about by these amendments for eight years.
We have worked hard to get the votes lined up to pass HB 264 on the Floor and feel we deserve an opportunity to get to the Floor. All Texas riders feel their Reps should have the opportunity to represent them on this matter. Please send HB 264 to the Floor before the time expires.
Be courteous!!! Just one of you spouting off a bunch of BULLSHIT will guarantee we lose this Bill. DON'T DO IT !!!!

Chairman Beverly WoolleyHouston Phone 713-629-6313Fax 713-629-7206

If you have access to a Fax use it.
Email beverly.woolley@house.state.tx.gov

We need an enourmous number of contacts from Houston residents to pull this off. You guys have really been impressive the last couple of months. Now is your time to really shine and be the heroes.
I shall check with that local office after this is over to see if they were impressed.
Sputnik