Rep. Coleman advocating for more HHSC offices, quick restoration of electricity, assistance with insurance issues

Tue, 23 Sep 2008 15:48:32 -0500

(Houston) – The past several days, Rep. Garnet Coleman has worked closely with human services officials to quicken the re-opening of the Health and Human Services Commission office at 6118 Scott. Because of Rep. Coleman's advocacy, the office opened this past Sunday, September 20. Rep. Coleman also advocated strongly for power to be restored to the Fuqua and Lockwood offices (the Fuqua office is now open and the Lockwood office should be opening soon). More Houstonians can now replenish food lost in their refrigerator with assistance from the state and federal government.  "I've been in constant contact with state human services officials the past few days advocating for the opening of more offices in Houston. I am happy to report that state officials responded quickly and the office on Scott Street was opened several days ahead of schedule," said Representative Coleman.  Constituents from South Park, Sunny Side, Third Ward, the Hobby Airport area and the Almeda Mall area will be served at this office for their human services needs. The following offices are now open in Houston:

 Rep. Coleman has also been on the phone every day with Centerpoint since Saturday morning following the storm, advocating for a restoration of power to lower-income communities in District 147 and beyond. Rep. Coleman has worked to have power restored to nursing homes and senior centers without power in Houston.  "The power at my house is out, and the power at my mother's house is out," said Representative Coleman. "But it's more important to me that Centerpoint restores power for my constituents in need rather than for myself."  Rep. Coleman also said he is ready to assist with any insurance-related questions or issues that may arise for his constituents. The Texas Department of Insurance Consumer Help Line can provide assistance at 1-800-252-3439, or Rep. Coleman's district office is ready assist Houstonians with their needs at 713-520-5355.

Hurricane Ike Recovery: September 18 Update

Thu, 18 Sep 2008 15:39:02 -0500

Following up on an e-mail we sent to you Tuesday, my staff and I have put together some updated information that might be helpful to you in recovering from this storm, which you can find below. Please copy or forward this to any friends, family or neighbors for whom you think this information might be helpful. If you have any questions, problems or need additional information, don't hesitate to contact my office at 713-520-5355 and ask for Ryan or Edwin.

Electricity: I have been in constant contact with Centerpoint staff since Saturday morning to make sure that they are aware of damage and safety issues in District 147 and beyond. I have been advocating on your behalf with Centerpoint for a quick restoration of electricity to your neighborhood. Centerpoint officials have told me that neighborhoods in North, East and South Harris County have transmission and distribution lines down and that these neighborhoods will take the longest to repair. If you live in one of these neighborhoods, please prepare for your electricity to be out for potentially two weeks.

Centerpoint has also released a timeline on when the expect power to be restored to various ZIP codes, which is below:
The following zip codes are estimated to have substantial power restoration by the end of day on Friday, September 19:
77065, 77094, 77095, 77354, 77355, 77356, 77362, 77375, 77377, 77382, 77384, 77418, 77420, 77423, 77429, 77430, 77433, 77434, 77435, 77441, 77444, 77445, 77449, 77450, 77461, 77468, 77469, 77471, 77474, 77479, 77482, 77484, 77486, 77488, 77493, 77494
The following zip codes are estimated to have substantial power restoration by the end of day on Monday, September 22:
77024, 77031, 77032, 77039, 77040, 77041, 77042, 77050, 77055, 77072, 77077, 77079, 77080, 77082, 77083, 77084, 77092, 77099, 77336, 77338, 77339, 77346, 77357, 77365, 77373, 77386, 77396, 77459, 77477, 77478, 77479, 77511, 77515, 77534, 77577, 77583
The following zip codes have sustained extensive damage, and will therefore have a restoration timeline that extends beyond Monday, September 22:
77002, 77003, 77004, 77005, 77006, 77007, 77008, 77009, 77010, 77011, 77012, 77013, 77014, 77015, 77016, 77017, 77018, 77019, 77020, 77021, 77022, 77023, 77025, 77026, 77027, 77028, 77029, 77030, 77033, 77034, 77035, 77036, 77037, 77038, 77040, 77044, 77045, 77046, 77047, 77048, 77051, 77053, 77054, 77056, 77057, 77058, 77059, 77060, 77061, 77062, 77063, 77064, 77066, 77067, 77068, 77069, 77070, 77071, 77073, 77074, 77075, 77076, 77078, 77081, 77085, 77086, 77087, 77088, 77089, 77090, 77091, 77093, 77096, 77098, 77379, 77380, 77386, 77388, 77389, 77401, 77422, 77459, 77489, 77502, 77503, 77504, 77505, 77506, 77507, 77510, 77515, 77517, 77518, 77520, 77521, 77530, 77531, 77532, 77534, 77535, 77536, 77539, 77541, 77545, 77546, 77547, 77550, 77551, 77554, 77563, 77565, 77566, 77568, 77571, 77573, 77578, 77581, 77583, 77584, 77586, 77587, 77590, 77591, 77598

CenterPoint said that once the above is completed, 80 percent of the power will be restored to the region.

Assistance from FEMA

To ensure reimbursement, we would encourage you to apply for assistance from FEMA even if you are not certain if you qualify. You can apply for federal assistance through FEMA either online at www.fema.gov or by calling the FEMA toll-free call centers at 1-800-621-FEMA (3362).

Hotel and Motel Assistance: FEMA is currently providing assistance to allow eligible Ike evacuees from Texas, who cannot return to their homes, to stay in hotels or motels until it is safe for them go home. In order to qualify for assistance,
1. FEMA must be able to verify the identity of the evacuee;
2. The primary residence of the evacuee must be in one of the counties that has been designated a disaster area; and
3. The primary residence is inaccessible or unlivable due to damage or lack of power.
Other assistance available from FEMA includes:
• Temporary Housing (a place to live for a limited period of time): Money is available to rent a different place to live, or a government provided housing unit when rental properties are not available.Go to www.fema.gov to search for information about housing rental resources or click here. 
• Repair: Money is available to homeowners to repair damage from the disaster to their primary residence that is not covered by insurance. The goal is to make the damaged home safe, sanitary, and functional. 
• Replacement: Money is available to homeowners to replace their home destroyed in the disaster that is not covered by insurance. The goal is to help the homeowner with the cost of replacing their destroyed home. 
• Permanent Housing Construction: Direct assistance or money for the construction of a home. This type of help occurs only in insular areas or remote locations specified by FEMA, where no other type of housing assistance is possible.
What Specific Items are Covered by "Housing Needs" Assistance?

"Housing Needs" assistance is assistance from FEMA that may be used to repair any of the following:

Structural parts of your home (foundation, outside walls, roof).

Windows, doors, floors, walls, ceilings, cabinetry.

Septic or sewage system.

Well or other water system.

Heating, ventilating, and air conditioning system.

Utilities (electrical, plumbing, and gas systems).

Entrance and exit ways from your home, including privately owned access roads.

Blocking, leveling, and anchoring of a mobile home and recon-necting or resetting its sewer, water, electrical, fuel lines, and tanks.

Do I Qualify for "Housing Needs" Assistance?

To receive money or help for "Housing Needs" that are the result of a disaster, all of the following must be true:

You have losses in an area that has been declared a disaster by the president.

You have filed for insurance benefits and the damage to your property is not covered by your insurance or your insurance settlement is insufficient to meet your losses.

You or someone who lives with you is a citizen of the United States, a non-citizen national, or a qualified alien.

The home in the disaster area is where you usually live and where you were living at the time of the disaster.

You are not able to live in your home now, you cannot get to your home due to the disaster, or your home requires repairs because of damage from the disaster.

You may not be eligible for "Housing Needs" assistance if:

You have other, adequate rent-free housing that you can use (for example, rental property that is not occupied).

Your home that was damaged is your secondary or vacation residence.

Your expenses resulted only from leaving your home as a precaution and you were able to return to your home immediately after the incident.

You have refused assistance from your insurance provider(s).

Your only losses are business losses (including farm business other than the farmhouse and self-employment) or items not covered by this program.

The damaged home where you live is located in a designated flood hazard area and your community is not participating in the National Flood Insurance Program. In this case, the flood damage to your home would not be covered, but you may qualify for rental assistance or items not covered by flood insurance, such as water wells, septic systems, medical, dental, or funeral expenses.

Other than Housing Needs
Money is available for necessary expenses and serious needs caused by the disaster. This includes:
• Disaster-related medical and dental costs. 
• Disaster-related funeral and burial cost. 
• Clothing; household items (room furnishings, appliances); tools (specialized or protective clothing and equipment) required for your job; necessary educational materials (computers, school books, supplies). 
• Fuels for primary heat source (heating oil, gas). 
• Clean-up items (wet/dry vacuum, dehumidifier). 
• Disaster damaged vehicle. 
• Moving and storage expenses related to the disaster (moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home). 
• Other necessary expenses or serious needs as determined by FEMA. 
• Other expenses that are authorized by law.
Do I qualify for "Other than Housing Needs" Assistance?

To receive money for "Other than Housing Needs" that are the result of a disaster, all the following must be true:

You have losses in an area that has been declared a disaster area by the President.

You have filed for insurance benefits and the damage to your property is not covered by your insurance or your insurance settlement is insufficient to meet your losses.

You or someone who lives with you is a citizen of the United States, a non-citizen national, or a qualified alien.

You have necessary expenses or serious needs because of the disaster.

You have accepted assistance from all other sources for which you are eligible, such as insurance proceeds or Small Business Administration disaster loans.

Insurance: At the bottom of the e-mail is a helpful list of frequently asked questions from the Texas Department of Insurance for those concerned about claims they may need to file. Please be sure to scroll to the bottom of this e-mail to read this helpful information from the Texas Department of Insurance. You can also read those frequently asked questions by clicking here. TDI's Consumer Help Line (800-252-3439) is operating with extended and weekend hours until further notice: Mon through Fri 8 a.m. to 7 p.m., Sat 10 a.m. to 7 p.m., and Sun 1 p.m. to 7 p.m.

Ice, food and water: Below is a list of Point-of-Distribution (POD) locations that have fresh water, ice and meals-ready-to-eat (MREs). This list is from Harris County and is current as of Thursday, Sept. 28; check the Houston Chronicle daily for up-to-date lists of POD locations as they are likely to change. If you run into trouble with PODs running out of supplies, please let us know by e-mail at garnetcoleman@garnetcoleman.com or by phone at 713-520-5355.

POD Locations (on Thursday, September 18)

1. Harvest Time Church - 17770 Imperial Valley
2. Lomax Jr High School - 9801 North Avenue L, 77571
3. West Town Mall - 4100 Decker Drive
4. Veterans Stadium - 2901 Dabney
5. Clyde Abshire, Deer Park Football Stadium - 710 West St. Augustin @Center
6. Bay Area Community Center - 5002 NASA Road #1, 77586
7. Jim Fonteno Courthouse Annex - 14350 Wallisville, 77049
8. San Jacinto Community Center - 604 Highland Woods, 77562
9. Community of Faith - 1023 Pinemont Dr., 77018
10. Ripley House - 4410 Navigation, 77011
11. Sharpstown Mall - 7500 Clarewood
12. Robertson Stadium at U of H - 360 Scott (Lot 12A)
13. Greater Jerusalem - 8901 Jensen, 77093
14. Fountain of Praise - 13950 Hillcroft,77085
15. Zion Lutheran - 3606 Beauchamp, 77009
16. Baytown Courthouse Annex - 701 West Baker Road, 77521
17. Church Without Walls - 5314 Bingle, 77092
18. Grace Community - 14505 Gulf Freeway, 77034
19. S. Houston Community Center - 1007 State St, 77587
20. St. Agnes Baptist Church - 3730 S. Acres Dr., 77047
21. New Light Church - 7317 East Houston, 77028
22. Humble Civic Center - 8233 Will Clayton Pkwy., 77338
23. Houston Community College SE - 6815 Rustic Avenue @ 45 & Woodridge
24. Cinemark Tinsel Town - 11450 East Fwy, 77029
25. Kipp Academy Houston - 9634 Mesa, 77078

Houston Public Library Branches with Internet Access: As of 2:30pm, September 18, the following Houston Public Library branches were open and have free internet access and wi-fi:
• Central Library - 500 McKinney (Downtown), 832-393-1313
• Clayton Library Center for Genealogical Research - 5300 Caroline (Third Ward/Museum District), 832-393-2600
• HPL Express Discovery Green - 1300 McKinney, R2 (Downtown), 832.393.2660
• Julia Ideson Building - 500 McKinney (Downtown), 832-393-1313
• Kendall Neighborhood Library - 14330 Memorial Drive (West Houston), 832-393-1880
• McGovern Stella Link Neighborhood Library - 7405 Stella Link (Near Reliant Stadium), 832-393-2630
• HPL Mobile Express will be at these locations 10 AM to 7 PM
◦ McCrane-Kashmere Gardens Neighborhood (5411 Pardee St.) - Thursday, September 18
◦ Bracewell Neighborhood Library (10115 Kleckley, near Alameda Mall) - Friday, September 19
Volunteering: Also below is a list of contact information for organizations providing help for Houstonians in need. If you are able, please consider donating money, time, clothing and/or food to any of these organizations.

Red Cross
(713) 526-8300
2700 Southwest Fwy, Houston, TX 77098

Houston Area Urban League
(713) 393-8700
1301 Texas Ave, Houston TX 77002

Neighborhood Centers, Inc.
(713) 667-9400
Central Office: 4500 Bissonnet #200, Houston, TX 77005

United Way of Greater Houston
(713) 685-2300
50 Waugh Drive, Houston, Texas 77007

End Hunger Network
(713) 532-3663
2445 North Freeway, Houston, TX 77009

Emergency Food Assistance Information from HHSC :
If you are from a Hurricane Ike disaster area and you don't already get food stamps:
·          You might be able to get emergency help if you lost income this month due to the storm. A family of 4 earning up to $2,915 this month might be able to get help.
·          What we will need from you when you apply:
1.       Proof of your identity and home address, such as a driver license.
2.       Answers to questions about your family's income and resources
·          Those who can get food stamps will get 2 months of benefits. If you can give more proof of income and resources, you might get benefits for a longer period.
·          You must apply by Oct. 17 by doing one of the following:
1.       Visiting an HHSC benefits office .
Download an application, fill it out and take it with you to the benefits office. English | Spanish
This is the fastest way to get help. If you can get benefits, you might get a Lone Star Card the same day.
2.       Going online at www.YourTexasBenefits.com .
You will need to register to use the website to send in an application.
3.       Calling 2-1-1.
You can get more information about getting food stamps and might be able to apply by phone.
After you dial 2-1-1, press 1 for English or press 2 for Spanish. Then press 2 for "Information about food stamps."
If you can't call 2-1-1 on your phone, call 1-877-541-7905. Both numbers are toll-free.
·          What we will need from you when you apply:
1.       Proof of your identity and home address, such as a driver license.
2.       Answers to questions about your family's income and resources. A family of 4 earning up to $2,915 this month might be able to get help.
Maximum Monthly Food Stamp Amount
 Family Size  
Monthly  Food Stamp  Award  
1
$162
2
$298
3
$426
4
$542
5
$643
6
$772
7
$853
8
$975

For each additional person, add:  
$122

Counties Declared Hurricane Ike Federal Disaster Areas:
Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller and Washington.
As of 12:30pm on Thursday, Sept. 18, only two HHSC offices were open in Houston:
• 2110 Telephone Road
• 12121 Westheimer
We will send you updates as more HHSC offices open across our area.

Disaster-related Unemployment Insurance (from the Texas Workforce Commission): The Texas Workforce Commission (TWC) has announced that as a result of Presidential Disaster Declaration, TWC is accepting applications for Disaster Unemployment Assistance (DUA) from individuals whose employment or self-employment was lost or interrupted due to Hurricane Ike starting September 7, 2008, and continuing. Applications for DUA must be filed by Wednesday, October 15, 2008.

To file for disaster-related unemployment assistance, individuals may log on to http://www.texasworkforce.org. or call the nearest TWC Tele-Center from Monday through Friday, 8 a.m. to 5 p.m. Central Time at (800) 939-6631.

My staff and I are in contact daily with the governor's office and other emergency response officials and will send more updates as we receive them. Again, if you have any questions, problems or need additional information, don't hesitate to contact my office at 713-520-5355 and ask for Ryan or Edwin.

Sincerely,

Garnet Coleman

2008 Disaster Assistance to Consumers Frequently Asked Questions (from the Texas Department of Insurance)

Auto FAQs
Q. My car was flooded. How do you determine if your car should be totaled?
A. Whether your car will be totaled is determined on a case-by-case basis like any other loss. Normally, when the cost of repair plus the salvage value equals or exceeds the actual cash value of the vehicle prior to the loss, it will be considered a total. A primary factor is the amount of water in your car. Generally, if water covered your dashboard or electrical components, the car will be totaled.

Q. My car was totaled due to flood damage and I have full coverage on it. The company is going to pay the Blue Book value but I still owe substantially more than that. Doesn´t the company have to pay what I owe on the auto?
A. No. The company is only obligated to pay the current market value of your vehicle. You can request that the adjuster explain to you how the value was derived to ensure that all of the vehicle´s equipment, features, upgrades and recent work was considered in determining the value. To cover the difference between the market value of your vehicle and what you actually owe, you would need an endorsement or separate policy, to provide Guaranteed Auto Protection (GAP) coverage.

Q. What will happen to the vehicle´s title if my car is totaled?
A. If you own the vehicle outright, you will have to sign the title over to the insurance company. In exchange, they will give you a check for the market value of the vehicle. If you still owe on a car loan, the insurance company will coordinate with you and your lender to have the title signed over to them.. In most cases, the insurance company will establish contact with the lender and be advised of the amount owed on the loan. If the insurance company has determined that the market value of the vehicle is $10,000 and the amount owed the lender is $8,000, the insurance company will issue a check for $8,000 to the lender to release the lien on the car. The insurance company will then issue a $2,000 check to you to obtain your signature on the title.

Q. The insurance company requested that I tow my flooded vehicle to a specific location for inspection. Am I responsible for the towing charges?
A. No. The insurance company should pay the towing expense by reimbursing you or paying the tow truck operator once the vehicle is delivered at the inspection site. You should not be responsible for the expense since you are assisting the insurance company in a prompt inspection of your vehicle, as well as protecting it from further damage.

Q. The insurance company agreed to repair my vehicle. Can the company require the use of used parts?
A. In some cases, used parts and after market parts may be permissible, depending on the age, condition, and mileage of the particular vehicle. Most Texas personal automobile policies require the insurance company to pay the lesser of the following: actual cash value of the property; the amount to repair or replace the property with other of like, kind, and quality; or the amount stated in the declarations page of the policy.

Q. Since my car was flooded, I had to rent a vehicle. Does my auto policy cover the cost of renting a car?
A. Your policy will provide coverage for renting another vehicle only if you have an endorsement on your policy for Rental Reimbursement Coverage. Under this coverage, the insurance company will pay up to the limit shown on the endorsement for the reasonable amount of time it takes to repair or replace your vehicle.

Q. Is my vehicle covered for flood damage?
A. Only if you carry Other than Collision coverage, also called Comprehensive coverage, on your policy. This information can be found on your policy´s declarations page. If you do not have a copy of your policy, you may wish to check with your agent or company.

Q. What if I do not agree with the settlement offered by the insurance company, particularly the market value amount for my totaled vehicle?
A. Ask the adjuster to explain how the settlement amount was derived. If you still disagree, the Personal Auto Policy allows you to demand an appraisal of the loss. There is a specific provision in the policy for appraisal which lists the responsibility of both parties.

Q. My car was washed away in the flood. How do I find out where it is now?
A. Contact the Unclaimed Autos department of the area police department. Also, your vehicle may have been towed to a storage facility without your consent. If the vehicle was towed without your consent, and the storage facility wants to charge you a fee, you might contact the Texas Department of Transportation at 1-800-285-6997 (general information line).

Q. I´ve received a check from the insurance company, but am not satisfied with the amount. I plan to file a complaint to request additional funds be paid. Should I cash the check? If I cash the check, does it mean that I accept their decision and amount of payment?
A. Be careful about endorsing a check before discussing your concerns with the company. Call the adjuster or company first before cashing the check. Some companies have a release from further liability disclaimer printed on the back of the check.

Q. How does replacement cost coverage work?
A. Replacement cost coverage replaces or repairs your damaged property with new material and/or items of like kind and quality.

Q. Is replacement cost coverage available on all policy types?
A. Replacement cost coverage is not available under a typical auto policy.. Some insurers provide new car replacement for a limited number of years if the auto is insured when new. You should check with your agent or company to see if they offer replacement cost coverage on all policy types.

Q. If an insured vehicle is financed, how are claim checks issued? If issued to both insured and lien holder, how does insured collect?
A. The loss payee endorsement requires the insurer to pay to the insured and the loss payee as their interest may appear. The insured and the loss payee may both be named on the check. The insured and the loss payee will agree on the release of funds.

Q. What is the insured´s recourse if the check made payable jointly to the lien holder and insured is sent directly to the lien holder and cashed without the insured´s knowledge or endorsement on the check?
A. That is a legal question that TDI cannot answer. However, your first step would be to contact the insurer and your lien holder. You can also contact the Texas Department of Banking at 1-877-276-5554 or visit their web site at www.banking.state.tx.us.

Q. What determines if a flooded vehicle should be totaled?
A. It is determined the same as any other loss. Normally, when the cost of repair plus the salvage value equals or exceeds the actual cash value of the vehicle prior to the loss, it will be considered a total loss.

Q. Does the insured have to agree to have their vehicle totaled if they will be "upside down" on their loan?
A. The policy contract states how the loss will be paid and it is the insurance company that decides whether or not to total a car. If the cost to repair exceeds the actual cash value, the company will pay the actual cash value of the vehicle. The insured and the insurance company may negotiate the settlement in which the insured may retain the salvaged vehicle; however the insured would be responsible for the cost of repairs at that point. Insurance coverage for the difference between the actual cash value of a vehicle and the outstanding loan amount can be covered by a GAP (Guaranteed Auto Protection) endorsement or a separate GAP policy.

Q. Describe how the title on an insured vehicle is processed if the vehicle is determined to be a total loss from flood damage or from collision damage.
A. For information about how titles are processed, please contact the Texas Department of Transportation at 512-465-7611.

Mobilowner/Mobile Home FAQs
Q. Are there different types of policies that provide coverage for mobile homes?
A. Yes, mobile homes may be written on a various types of policies, including a homeowners policy. The majority of mobile homes are currently written on a mobilowners policy. You should check with your agent or company to see what type of policy you have.

Q. Wind caused my tree to fall on my mobile home and damaged my roof. Does my mobilowners policy cover the damages to my home and would the company pay to remove the tree from my property?
A. If your policy provides coverage for windstorm it will pay for the damage to your roof. The tree itself will not be covered. Most mobilowners policies provide a limited amount of debris removal coverage. Some companies may provide an option to increase coverage. You should contact your agent or company regarding debris removal coverage.

Q. Does my mobilowners policy provide Additional Living Expense?
A. Most mobilowners policies provide some additional living expense reimbursement in the event the mobile home is damaged or destroyed from a peril or perils insured against by the policy and the mobile home is thereby rendered uninhabitable. Some companies may provide an option to increase this coverage. It is important that you contact your agent and/or company regarding your additional living expense coverage.

Q. My mobile home was flooded. Will my mobilowners policy pay for my damage?
A. Some mobilowners policies do provide coverage resulting from a flood. Other mobile home policies exclude flood coverage. It is important to check your policy and/or contact your agent regarding flood coverage for your mobile home.

Homeowner FAQs
Q. Can I make repairs to my property immediately?
A. Generally, you should make temporary repairs if necessary to protect your property from further damage. Do NOT make permanent repairs until an adjuster has inspected the damage. Your policy covers the cost of necessary temporary repairs, so save your receipts for materials and labor. You may wish to take pictures of the damage before making temporary repairs.

Q. What do I do if my home is uninhabitable?
A. If you can´t remain in your home because of loss from "a covered peril," your homeowners or renters policy will pay for staying in a hotel, motel or other temporary shelter. However, payments are limited based on policy provisions. If the damage does force you to move, be sure to tell your insurer where you are and how to reach you by phone. Also, leave a note at your damaged residence telling the insurance adjuster how to find you.

Q. My home was not flooded by rising water; however, the sewer line backed up and caused damage in my home. Is this covered under my homeowners policy?
A. It depends on your policy. Some policies exclude water or sewage from outside the residence premises plumbing system that enters through sewers or drains. Contact your insurance company or agent regarding coverage.

Q. My house was flooded and I placed my furniture and household items in the front yard to dry out, but they were stolen. Will my homeowners policy cover this loss?
A. It depends on your policy. Even though there is an exclusion for flood losses, many policies contain an exception to that exclusion such as "We do cover an ensuing loss by theft or attempted theft or any act of stealing." Contact your insurance company or agent regarding coverage.

Q. My policy states that if a claim results from a weather-related catastrophe or a major natural disaster, each claim-handling deadline... is extended for an additional 15 days." Does this mean that I have coverage under my policy for damage caused by the flood?
A. This language does not alter or amend what is covered by the policy. It merely extends the time requirements of the Texas Insurance Code.

Q. Under a homeowners policy, who determines the cause of damage and who pays for an expert if one is needed?
A. The insurance company usually determines the cause of damage as its adjusters investigate and evaluate the loss. If an expert is required to determine the cause of the loss, the cost is usually borne by the insurance company, but in some cases may be paid by the insured.

Q. My house got water in it from the flood. I had damage to the roof and the roof is sagging and rain water came in through the roof. I don´t have flood insurance, but I do have homeowner´s insurance. What, if anything, may be covered under my homeowner´s policy?
A. If a covered peril such as wind or lightning caused damage to the roof and created an opening, then water damage to your home and personal property resulting from rain water coming through that opening may be covered under the standard homeowners policy.

Q. I´ve received a check from the insurance company, but am not satisfied with the amount. I plan to file a complaint to request additional funds be paid. Should I cash the check? If I cash the check, does it mean that I accept their decision and amount of payment?
A. Be careful about endorsing a check before discussing it with the company. Call the adjuster or company first before cashing the check. Some companies have a release from further liability disclaimer printed on the back of the check. The check may be a partial payment to initiate repairs. Additional funds may be released when you submit proof that repairs have been completed.

Q. How does replacement cost coverage work on policy types such as flood, homeowners, dwelling, and mobile home?
A. Replacement cost coverage replaces/repairs your damaged dwelling or personal property with new material and/or items of like kind and quality. In most cases, you should only be responsible for paying the deductible. Some homeowners and dwelling policies automatically include replacement cost coverage for the dwelling; others may be endorsed for an additional premium; and some may only provide actual cash value. Companies may also offer replacement cost coverage for mobile home policies. You should check with your agent or company to see if your company offers replacement cost coverage on your policy.

Q. I´ve received a check from my company for damages to my home. It is going to cost more to repair than the amount received. Did they pay me enough for damages?
A. If you have replacement cost coverage, you should only be responsible for paying your deductible in most cases. If you believe your company is not offering an amount sufficient to repair/replace your damaged property, minus your deductible, you may want to request appraisal in accordance with the provisions in the policy. Have your company explain the basis for its payment and clarify if additional funds are forthcoming.

Q. What´s the difference between the different types of homeowner policies? How does a dwelling policy differ from a homeowners policy?
A. Homeowners policies may either provide "all risk" or "named peril" coverage. All risk is used to describe policies that typically cover all perils unless specifically excluded in the policy. Named peril means the damage must be caused by a peril that is specifically named or listed in the policy. The homeowners policy provides coverage for the dwelling, personal property, and personal liability. A dwelling policy provides coverage for the dwelling and/or personal property.

Q. Do checks from insurance companies have to be endorsed by both the insured and the mortgage company? Does the same procedure apply to mobile homes?
A. Insurance claims payments for damage to property that is security for a loan must be made payable to the policyholder and the mortgage company, so they would require endorsements from both parties.

Q. What recourse does the insured have if the check was issued directly to the mortgage company? How long can a mortgage company hold money before releasing any to the insured? Can the mortgage company disperse the money in small increments? Can they withhold disbursements?
A. Your insurance company cannot make a check for a claim payable only to the mortgage company. If they do, you should refuse to accept it and demand the check be re-issued to you and your mortgage company.

The Texas Insurance Code provides that the mortgage company must, within 10 days after they receive the insurance proceeds, tell you what their requirements are in order to have the funds released. Once you have provided sufficient evidence to show that you have met those requirements, the mortgage company has 10 days to release the funds.

Q. Are plumbing problems/backed up toilets covered by any types of insurance, even after a flood?
A. Some homeowners policies provide coverage for accidental discharge, leakage or overflow from within a plumbing system and if rising flood waters cause toilets to overflow, the loss may be covered. Contact your insurance company or agent regarding coverage.

Q: There is a power outage in my area and we have no utilities in our home. Will my policy pay for a hotel until power is restored?
A. Probably not. The policy will normally only provide loss of use coverage if your home is damaged by a peril covered in your policy and, as a result of the covered damage the residence premises is untenantable or unfit to live in. You must check the specific language in your insurance policy.

Q. I bought my house several years ago and last year my mortgage was bought by another mortgage company. My original company provided flood insurance, but now I find that the new mortgage company did not provide it. What can I do?
A. Mortgage companies are required by statute to ensure that a property in a flood zone has flood insurance. A mortgage company must provide notice to the borrower of the requirement of flood insurance. If the borrower fails to purchase flood insurance, then a mortgage company may purchase flood insurance for the property. For information regarding the statute, contact the Federal Emergency Management Association (FEMA) representative at a Disaster Recovery Center (DRC) or the NFIP. Remember that it is important as a homeowner to ensure that all necessary insurance coverage is in place.

If you have a concern about a private mortgage lender, you should contact the Federal Trade Commission (FTC) at 214-767-5501 or 5503. You may also reach the FTC at www.ftc.gov.
If the lender is a state-chartered savings and loan, or bank, contact the Texas Savings and Loan Department at 512-475-1350.
If the lender is a Federal Chartered Lender, contact the Office of Thrift Supervision at 972-281-2000.
In some instances, the U.S. Department of Housing and Urban Development (HUD) can help. Call HUD at 1-800-669-9773.
Q. Wind caused my tree to fall on my house, which caused damage to my roof. Does my homeowners policy cover the damage to my house and pay for the removal of the tree from my property?
A. If your policy provides coverage for wind, the roof damage caused by the tree is covered. Homeowners policies will not pay for the tree itself; however, most policies pay to remove a tree if a covered peril caused it to fall on and damage covered property. Some policies limit the coverage for removal to $500 per tree and $1,000 per loss. Contact your insurance company or agent regarding coverage.

Q. My neighbor´s tree fell down on my house and damaged my roof. Will my neighbor´s homeowners policy pay for the damage to my home and remove the tree?
A. Probably not. Your neighbor is not legally liable for an act of nature.. However, if the tree was dead, your neighbor may be responsible for the damage to your home. If your neighbor´s policy does not pay for your damage, you can make a claim under your policy if the peril that caused the tree to fall is a covered peril in your policy. You should contact your agent and/or company regarding the damage.

Q. Some trees blew down in my yard during a storm. Will my homeowners insurance policy pay for the loss to and removal of the trees?
A. No. Wind is not a covered peril for trees, shrubs, plants and lawns. Removal of the trees is not covered either since they did not fall on or damage covered property.

Q. A windstorm blew my fence down. Will my homeowners insurance cover loss of my fence?
A. If your policy provides coverage for wind, you may have coverage for the fence. Coverage for fences is usually limited to actual cash value which is the replacement cost for the damaged property less depreciation. Some policies do not provide any coverage for fences damaged by wind. You should check your policy and/or contact your agent regarding coverage.

Q. Who should I contact if I have damage to my home as a result of a windstorm and my windstorm insurance is provided through the Texas Windstorm Insurance Association (TWIA)?
A. For questions on policy coverage or filing a claim on your TWIA policy, please contact your insurance agent or contact the TWIA at 1-800-788-8247 or via their website at www.twia.org.

For questions regarding inspections of your property for certification to the Windstorm Building Code, please contact the Texas Department of Insurance Windstorm Inspection unit at 1-800-248-6032 or refer to the website at www.tdi.state.tx.us and click on More Windstorm Info.

Q: What coverage do I have for my house and personal property under my TWIA policy?
A: Generally, the TWIA Dwelling Policy provides coverage for direct physical loss to your dwelling, other structures such as detached garages, and personal property, including clothing. The amount of insurance for other structures is included in the limit of insurance for the insured dwelling and will not exceed 10% of that limit unless you have specifically insured other structures on the Dwelling Policy. You should contact your agent and review your policy and any applicable endorsements for specific coverages.

Q. During the storm, a tree fell on the roof of my home which allowed rain to enter from the opening made by the tree. I now see mold growing - do I have coverage?
A. Most homeowners policies will provide coverage for the property damaged by rain that entered through an opening caused as a direct result of wind. Generally, mold is excluded in the homeowners policy; however, some policies will cover an ensuing mold loss caused by or resulting from covered water damage. Coverage for ensuing mold loss would include the reasonable and necessary costs to repair or replace your damaged property. Most policies do not include any additional cost for remediation or testing of ensuing mold unless your policy includes mold remediation coverage.

Q. During the storm, my home was flooded. Does my homeowners policy cover mold damage from the flood water?
A. Typically, homeowners policies do not cover damage caused by or resulting from flood, surface water, waves, tidal water or tidal waves, overflow or streams or other bodies of water or spray from any of these whether or not driven by wind. If there is no flood coverage provided in the homeowners policy, any ensuing mold loss resulting from flood would not be covered under the policy.

Q. Do I have to hire a public insurance adjuster to file and help in the settlement of my auto or homeowner's insurance claim?
A. No. Hiring a public insurance adjuster to assist you in filing a property insurance claim is optional. Public insurance adjusters charge fees to help negotiate claim settlements with insurance companies. Be aware that the public insurance adjuster fee is normally a percentage of the claim settlement and therefore is paid out of settlement monies received from an insurer.

Q. Are there any limitations on the compensation of a public insurance adjuster?
A. Yes, the following limitations apply:

If a claim is settled within 72 hours of the date the loss is reported to the insurance company, the public insurance adjuster is entitled only to reasonable compensation for time and expenses.
The public insurance adjuster's fee may not exceed 10 percent of a claim settlement and must be disclosed in the public insurance adjuster written contract.
Q. Is a public insurance adjuster permitted to be involved in the repair of damaged property for which the public adjuster negotiated settlement?
A. No. The public insurance adjuster may not participate, either directly or indirectly, in the reconstruction or repair of damaged property that is the subject of a claim adjusted by the public insurance adjuster.

Q. Are public insurance adjusters required to be licensed by the Texas Department of Insurance?
A. Yes, a person may not act as a public insurance adjuster in this state or hold himself or herself out to be a public insurance adjuster in this state, unless the person holds a license or certificate issued by the commissioner. You may verify the license status of a public insurance adjuster at http://www.texasonline.state.tx.us/NASApp/tdi/TdiARManager.

Q. The food in my refrigerator spoiled because of loss of power in my area. Will my homeowners policy pay for the loss?
A. Most homeowners policies will provide up to $500.00 for spoilage of refrigerated or frozen food caused by an off premises power failure, if the power failure is a direct result from peril covered in your policy. If the power failure is a result of physical damage to the dwelling or any equipment contained in the dwelling and is caused by a peril covered in your policy coverage is not limited to $500.00. Other policies may not provide the $500.00 for a loss resulting from a power failure off premises unless added by an endorsement.

Q. If I evacuate due to a storm, and my personal property is damaged or stolen while in another location, will my personal property be covered by my auto or homeowners policy?
A. Homeowners policies provide coverage for personal property while away from the insured location or premises. Most policies limit the amount of this coverage to either 10% or 20% of the total amount of coverage for personal property. Some policies limit theft coverage for personal property while away from the residence premises at any other residence owned by, rented or occupied by an insured, unless the insured is temporarily living there. Generally, a personal automobile policy will not cover personal property.

National Flood Insurance Program (NFIP) FAQs
Q. What is the difference between a flood insurance policy issued by the NFIP and a policy issued by an insurance company? Does one provide better coverage than the other?
A. Flood insurance is provided by the federal government through the NFIP. The policies that are sold by insurance companies are usually NFIP policies sold through the Write Your Own (WYO) program. This is done to make it easier to purchase flood policies through local insurance agents. Even though the policies are purchased through the insurance companies, they are NFIP policies. Claims are handled by NFIP adjusters and by insurance company adjusters that are certified by the NFIP to handle flood claims. Questions and complaints can be referred to the NFIP at 1-888-225-5356. Some insurance companies may also offer flood coverage other than the NFIP policy. You should check with your agent or company to see if flood coverage other than the NFIP policy is available, and to compare the coverages being offered to determine the best coverage for your needs.

Q. How can I obtain insurance coverage to protect my home and contents from damage caused by flooding?
A. The National Flood Insurance Program (NFIP) makes flood insurance available to people who live in communities that participate in the National Flood Insurance Program. Contact your agent or the NFIP at 1-888-225-5356 to purchase a NFIP policy. The home need not be near a body of water or in a floodplain to qualify.

Q. Is flood insurance expensive?
A. The average flood insurance policy costs $300 a year for $100,000 of coverage. People in low risk areas can purchase flood insurance for just over $100 a year.

Q. Why would I buy flood insurance if my property is in a low or moderate risk area?
A. Twenty to twenty-five percent of all flood insurance claims come from low to moderate risk areas.

Q. Can I buy flood insurance if I rent?
A. You can buy up to $100,000 of flood insurance for your contents.

Q. How much flood insurance can I buy?
A. You can buy up to $250,000 for the dwelling and $100,000 for your contents.

Q. Does the policy provide any coverage for additional living expense?
A. No, the NFIP policy does not provide coverage for additional living expense.

Q. How is damaged residential property valued after a loss under an NFIP policy?
A. If the property is insured to at least 80 percent of its value and is your principle residence, the dwelling will be valued at replacement cost if the dwelling is replaced. If the dwelling is rebuilt at a new location, the replacement cost won't exceed what it would have cost to replace at the former location.

Contents, appliances, carpets and carpet pads and outdoor property are valued at actual cash value. Actual cash value is the cost to repair with new material of like kind and quality less depreciation.

Q. Is there coverage for the cost of debris removal? What about loss avoidance measures?
A. The cost of removing debris on your property, and the cost of removing debris of your property that is on someone else's property is covered, but it's subject to the limit of the policy. You will be compensated at the Federal minimum wage if you perform the work yourself. Loss avoidance is limited to $1,000 for the cost of sandbags, temporary levees, pumps and plastic sheeting and lumber, including the value of your work. An additional $1,000 is available for the cost of moving insured property to protect it from flood. These benefits do not increase the limit of insurance.

Q. If my automobile was parked on my property and damaged by flood, does the flood policy cover the damage?
A. No, automobiles are not covered property under the NFIP policy. If you have comprehensive or full coverage under your auto policy, flood should be covered by that policy. If you have liability only, there is no coverage for the auto.

Q. Does flood insurance cover damage to built-in appliances?
A. Check to see what flood insurance coverage you have. Then, call the NFIP at 1-888-225-5356 to determine what would be covered in a flood insurance policy. Generally, flood policies provide coverage for the structure and personal property. Built-in appliances may fall under either category.

Q. What coverage is available for commercial buildings?
A. Up to $500,000 is available for non-residential buildings, and an additional $500,000 for contents of non-residential buildings. Buildings and contents are valued at actual cash value.

Q. When does coverage become effective under an NFIP policy?
A. There is a 30-day waiting period before coverage goes into effect after an NFIP policy is purchased. However, there is an exception to the 30-day waiting period when a new policy is initially purchased in connection with a loan. In that case, the policy becomes effective at the time of the loan closing.

Q. What if my dwelling or commercial building is valued over the maximum limits available?
A. The insurance company that insures your commercial building for fire might add excess flood coverage. That coverage usually has the NFIP maximum limits as a deductible. Availability might depend on the Flood Zone of each location. There may be insurers that will write excess policies for dwellings over the $250,000 maximum limits. You should contact your agent to learn more about available coverage.

Q. Where can I get more information about flood insurance?
A. Check out www.floodsmart.gov and http://www.iii.org/prepare/home/.

For more information contact: ConsumerProtection@tdi.state.tx.us

Hurricane Ike Recovery

Tue, 16 Sep 2008 15:40:35 -0500

I hope you and your family made it through Hurricane Ike safely. Hurricane Ike was one of the most powerful storms to hit Houston in decades. Many of us watched the storm blow through Houston late Friday evening only to survey the damage Saturday morning and find tree branches and debris blocking our streets, homes without electricity or water or damaged roofs or cars.

I applaud the community spirit that Houstonians have shown in helping each other recover from Hurricane Ike, and city and county officials have done an excellent job in trying circumstances in responding to this crisis.. We should all remember though that there will be moments of frustration in the days and weeks ahead as our city recovers. Dealing with damaged property, insurance claims, a lack of electricity or cranky children (or adults!) can be a trying experience for anyone. As difficult as the next few weeks will be, be sure to take a deep breath every now and again and realize we are all in this together as we deal with the damage this storm brought to Texas a few days ago.

My staff and I have put together some information that might be helpful to you in recovering from this storm, which you can find below. Please copy or forward this to any friends, family or neighbors for whom you think this information might be helpful.

Electricity: I have been in constant contact with Centerpoint staff since Saturday morning to make sure that they are aware of damage and safety issues in District 147 and beyond. Centerpoint officials have told me that neighborhoods in North, East and South Harris County have transmission and distribution lines down and that these neighborhoods will take the longest to repair. If you live in one of these neighborhoods, you should expect to wait potentially two weeks before your electricity is restored. Please take any necessary precautions to prepare for being without electricity for that period of time.

Insurance: At the bottom of the e-mail is a helpful list of frequently asked questions from the Texas Department of Insurance for those concerned about claims they may need to file. Please be sure to scroll to the bottom of this e-mail to read this helpful information from the Texas Department of Insurance. You can also read those frequently asked questions by clicking here. TDI's Consumer Help Line (800-252-3439) is operating with extended and weekend hours until further notice: Mon through Fri 8 a.m. to 7 p.m., Sat 10 a.m. to 7 p.m., and Sun 1 p.m. to 7 p.m.

Ice, food and water: Below is a list of Point-of-Distribution (POD) locations in Harris County that have fresh water, ice and meals-ready-to-eat (MREs). My staff received this list from the governor's office this morning; if you run into trouble with PODs running out of supplies, please let us know by e-mail at garnetcoleman@garnetcoleman.com or by phone at 713-520-5355.

POD Locations (as of morning of September 16)
NAME
ADDRESS
CITY
ZIP
Open Parking Lot
4100 Decker Dr.
Baytown
77520
Baytown Annex
701 West Baker Rd
Baytown
77521
S. Campus HS Football Stadium
710 W. San Augustine
Deer Park
77536
San Jacinto Community Center
604 Highland Woods
Highlands
77562
Texas Southern University (Parking Lot)
3600 Rosewood at Scott
Houston
77004
Zion Lutheran
3606 Beauchamp
Houston
77009
Ripley House
4410 Navigation
Houston
77011
Community Faith
1023 Pinemont Dr
Houston
77018
Windfern Distribution Center
4625 Windfern
Houston
77041
Fonteno Community Center
14350 Wallisville
Houston
77049
Reliant Center
1 Reliant Park
Houston
77054
Second Baptist
6400 Woodway
Houston
77057
Christian Temple
9701 Almeda Genoa Rd.
Houston
77075
Fountain of Praise
3950 Hillcroft St
Houston
77085
Winsor Village
6000 Heatherbrook Dr
Houston
77085
Greater Jerusalem
8901 Jensen Dr
Houston
77093
PAL Gym
2910 Southmore
Pasadena
77503
Bay Area Community Center
5002 NASA Rd #1
Seabrook
77586
St. Agnes Baptist Church
10800 Scott
Houston
77051

Volunteering: Also below is a list of contact information for organizations providing help for Houstonians in need. If you are able, please consider donating money, time, clothing and/or food to any of these organizations.

Red Cross
(713) 526-8300
2700 Southwest Fwy, Houston, TX 77098

Houston Area Urban League
(713) 393-8700
1301 Texas Ave, Houston TX 77002

Neighborhood Centers, Inc.
(713) 667-9400
Central Office: 4500 Bissonnet #200, Houston, TX 77005

United Way of Greater Houston
(713) 685-2300
50 Waugh Drive, Houston, Texas 77007

End Hunger Network
(713) 532-3663
2445 North Freeway , Houston, TX 77009

Below is information we've received regarding state services:

Texas Department of State Health Services: DSHS is coordinating the deployment of federal Disaster Medical Assistance Teams to assist with hospital emergency room infrastructure and medical shelter support. DSHS also is evaluating medical transportation assets to ensure that local needs are being met. DSHS continues to follow up with area hospitals and dialysis facilities to assess conditions, operations and resource needs.. DSHS is assessing the capacity of medical special needs shelters to determine if additional capacity is required.

Emergency Food Assistance Information from HHSC : The Texas Health and Human Services Commission (HHSC) sought and received a federal waiver to make emergency food assistance available to low-income individuals and families living in any of the 29 counties that have been declared disaster areas.

Eligible Texans in disaster areas can receive up to two months of food stamp benefits by calling 2-1-1 or applying at any HHSC benefits office through Oct. 17. The person submitting the application needs to provide proof of identity and residence, such as a driver license, and answer questions about household income and resources. A family of four earning up to $2,915 this month may qualify for assistance. Applicants also will have to answer questions about their bank account balances and other assets. People who provide additional documentation may qualify for benefits for a longer period. (Scroll to the bottom of this e-mail for the full press release on emergency food stamp benefits from HHSC).

Disaster-related Unemployment Insurance (from the Texas Workforce Commission): The Texas Workforce Commission (TWC) has announced that as a result of Presidential Disaster Declaration, TWC is accepting applications for Disaster Unemployment Assistance (DUA) from individuals whose employment or self-employment was lost or interrupted due to Hurricane Ike starting September 7, 2008, and continuing. Applications for DUA must be filed by Wednesday, October 15, 2008.

To file for disaster-related unemployment assistance, individuals may log on to http://www.texasworkforce.org. or call the nearest TWC Tele-Center from Monday through Friday, 8 a.m. to 5 p.m. Central Time at (800) 939-6631.

Councilmember Sue Lovell sent out an extremely helpful e-mail with information on services the City of Houston provides, which I am pasting below and you should scroll down to read. My staff and I are in contact daily with the governor's office and other emergency response officials and will send more updates as we receive them. If you have any questions or problems, don't hesitate to contact my office at 713-520-5355 and ask for Ryan or Edwin.

Sincerely,

Garnet Coleman

From: Lovell, Sue - CNL [mailto:Sue.Lovell@cityofhouston.net]
Subject: Post-Ike update from Council Member Sue Lovell

Dear neighbors,

I hope you have power. Like thousands of my fellow Houstonians, I don't.

This afternoon, I participated in a conference call with CenterPoint this afternoon. Here is some information that may help:

Power is being restored across the area. As of Monday afternoon, CenterPoint had restored power to 550,000 customers of a total of 2.6 million customers. CenterPoint first restored power to several priority customers, including Hobby Airport and Ellington Field as well as several local hospitals.

To view a map of power outages and restoration progress, visit CenterPointEnergy.com/staticfiles/CNP/Common/SiteAssets/doc/Ike%20outage%20map_9.14_8pm.pdf. Outage and restoration updates are available at CenterPointEnergy.com/newsroom/stormcenter/ike/outages

Keep yourself and your family safe. If you encounter downed power lines or poles, immediately contact CenterPoint Energy, 713.207.2222.

Thousands of people, including many workers and volunteers from other states, have been working long hours to put this city back together. We thank them for their efforts. Here are some of the other points that my neighbors have asked me about:

* 311, the city information line, is up and running. If you need assistance, call 311. 911 has returned to its status as a line for emergencies only.

* Keep in mind that the city has announced a 9 p.m.-6 a.m. city-wide curfew, effective through Saturday, September 20. This curfew is in place for the security of all our citizens.

* We are back to normal garbage pick up. As you're cleaning debris from your yard, remember to set it on the grass between the sidewalk and the curb or on a median but not in the right of way. You know your neighbors. If there is a senior or someone else who can't clean his or her yard, I know you will help.

* Houston ISD schools will be closed through Friday, September 19. To obtain the latest information, call the district inclement-weather hotline, 713.267.1704.

* If you see someone taking advantage of the present situation through price gouging, contact the Texas Attorney General's office and report it. You can call the toll-free complaint line at 800.252.8011 or file a complaint online at www.texasattorneygeneral.gov.

* If you see anyone taking advantage of our situation and harming another person, call 911 immediately.

* A shelter is available at the George R. Brown Convention Center. If you need assistance getting to the shelter, call 311.

I've driven around the city and been amazed, but not surprised, watching Houstonians responding to this catastrophe. In every neighborhood, I have seen neighbors helping neighbors. I've even noticed that in neighborhoods where one side of the street has electricity and the other side of the street (like mine) does not, the electrified neighbors have invited their neighbors without electricity to come over to savor the light and air conditioning.

Let's all please remember that we weren't the only ones affected by Ike. Our neighbors to the south in Galveston and the communities along the Bolivar Peninsula suffered incredible devastation, and many of our neighbors to the east in Beaumont and Port Arthur suffered at least as much as we have in Houston.

I want to thank two members of my staff, Chief of Staff William-Paul Thomas and Council Aide Tim Brookover, and their spouses for being here first thing Saturday morning and responding immediately to help check in people at the George R. Brown Convention Center and to answer calls from citizens at the office.

Remember that we all need to be patient. I'm going to try very hard to remember this, and as I know you will too.

If you have any questions or problems, call our office, 832.393.3013.

Best regards,

Sue Lovell

Houston City Council Vice Mayor Pro Tem & Member, At Large Position 2
900 Bagby, First Floor - Houston, Texas 77002
832.393.3013 Main // 713.247.2580 Fax // sue.lovell@cityofhouston.net

2008 Disaster Assistance to Consumers Frequently Asked Questions (from the Texas Department of Insurance)

Auto FAQs
Q. My car was flooded. How do you determine if your car should be totaled?
A. Whether your car will be totaled is determined on a case-by-case basis like any other loss. Normally, when the cost of repair plus the salvage value equals or exceeds the actual cash value of the vehicle prior to the loss, it will be considered a total. A primary factor is the amount of water in your car. Generally, if water covered your dashboard or electrical components, the car will be totaled.

Q. My car was totaled due to flood damage and I have full coverage on it. The company is going to pay the Blue Book value but I still owe substantially more than that. Doesn´t the company have to pay what I owe on the auto?
A. No. The company is only obligated to pay the current market value of your vehicle. You can request that the adjuster explain to you how the value was derived to ensure that all of the vehicle´s equipment, features, upgrades and recent work was considered in determining the value. To cover the difference between the market value of your vehicle and what you actually owe, you would need an endorsement or separate policy, to provide Guaranteed Auto Protection (GAP) coverage.

Q. What will happen to the vehicle´s title if my car is totaled?
A. If you own the vehicle outright, you will have to sign the title over to the insurance company. In exchange, they will give you a check for the market value of the vehicle. If you still owe on a car loan, the insurance company will coordinate with you and your lender to have the title signed over to them.. In most cases, the insurance company will establish contact with the lender and be advised of the amount owed on the loan. If the insurance company has determined that the market value of the vehicle is $10,000 and the amount owed the lender is $8,000, the insurance company will issue a check for $8,000 to the lender to release the lien on the car. The insurance company will then issue a $2,000 check to you to obtain your signature on the title.

Q. The insurance company requested that I tow my flooded vehicle to a specific location for inspection. Am I responsible for the towing charges?
A. No. The insurance company should pay the towing expense by reimbursing you or paying the tow truck operator once the vehicle is delivered at the inspection site. You should not be responsible for the expense since you are assisting the insurance company in a prompt inspection of your vehicle, as well as protecting it from further damage.

Q. The insurance company agreed to repair my vehicle. Can the company require the use of used parts?
A. In some cases, used parts and after market parts may be permissible, depending on the age, condition, and mileage of the particular vehicle. Most Texas personal automobile policies require the insurance company to pay the lesser of the following: actual cash value of the property; the amount to repair or replace the property with other of like, kind, and quality; or the amount stated in the declarations page of the policy.

Q. Since my car was flooded, I had to rent a vehicle. Does my auto policy cover the cost of renting a car?
A. Your policy will provide coverage for renting another vehicle only if you have an endorsement on your policy for Rental Reimbursement Coverage. Under this coverage, the insurance company will pay up to the limit shown on the endorsement for the reasonable amount of time it takes to repair or replace your vehicle.

Q. Is my vehicle covered for flood damage?
A. Only if you carry Other than Collision coverage, also called Comprehensive coverage, on your policy. This information can be found on your policy´s declarations page. If you do not have a copy of your policy, you may wish to check with your agent or company.

Q. What if I do not agree with the settlement offered by the insurance company, particularly the market value amount for my totaled vehicle?
A. Ask the adjuster to explain how the settlement amount was derived. If you still disagree, the Personal Auto Policy allows you to demand an appraisal of the loss. There is a specific provision in the policy for appraisal which lists the responsibility of both parties.

Q. My car was washed away in the flood. How do I find out where it is now?
A. Contact the Unclaimed Autos department of the area police department. Also, your vehicle may have been towed to a storage facility without your consent. If the vehicle was towed without your consent, and the storage facility wants to charge you a fee, you might contact the Texas Department of Transportation at 1-800-285-6997 (general information line).

Q. I´ve received a check from the insurance company, but am not satisfied with the amount. I plan to file a complaint to request additional funds be paid. Should I cash the check? If I cash the check, does it mean that I accept their decision and amount of payment?
A. Be careful about endorsing a check before discussing your concerns with the company. Call the adjuster or company first before cashing the check. Some companies have a release from further liability disclaimer printed on the back of the check.

Q. How does replacement cost coverage work?
A. Replacement cost coverage replaces or repairs your damaged property with new material and/or items of like kind and quality.

Q. Is replacement cost coverage available on all policy types?
A. Replacement cost coverage is not available under a typical auto policy.. Some insurers provide new car replacement for a limited number of years if the auto is insured when new. You should check with your agent or company to see if they offer replacement cost coverage on all policy types.

Q. If an insured vehicle is financed, how are claim checks issued? If issued to both insured and lien holder, how does insured collect?
A. The loss payee endorsement requires the insurer to pay to the insured and the loss payee as their interest may appear. The insured and the loss payee may both be named on the check. The insured and the loss payee will agree on the release of funds.

Q. What is the insured´s recourse if the check made payable jointly to the lien holder and insured is sent directly to the lien holder and cashed without the insured´s knowledge or endorsement on the check?
A. That is a legal question that TDI cannot answer. However, your first step would be to contact the insurer and your lien holder. You can also contact the Texas Department of Banking at 1-877-276-5554 or visit their web site at www.banking.state.tx.us.

Q. What determines if a flooded vehicle should be totaled?
A. It is determined the same as any other loss. Normally, when the cost of repair plus the salvage value equals or exceeds the actual cash value of the vehicle prior to the loss, it will be considered a total loss.

Q. Does the insured have to agree to have their vehicle totaled if they will be "upside down" on their loan?
A. The policy contract states how the loss will be paid and it is the insurance company that decides whether or not to total a car. If the cost to repair exceeds the actual cash value, the company will pay the actual cash value of the vehicle. The insured and the insurance company may negotiate the settlement in which the insured may retain the salvaged vehicle; however the insured would be responsible for the cost of repairs at that point. Insurance coverage for the difference between the actual cash value of a vehicle and the outstanding loan amount can be covered by a GAP (Guaranteed Auto Protection) endorsement or a separate GAP policy.

Q. Describe how the title on an insured vehicle is processed if the vehicle is determined to be a total loss from flood damage or from collision damage.
A. For information about how titles are processed, please contact the Texas Department of Transportation at 512-465-7611.

Mobilowner/Mobile Home FAQs
Q. Are there different types of policies that provide coverage for mobile homes?
A. Yes, mobile homes may be written on a various types of policies, including a homeowners policy. The majority of mobile homes are currently written on a mobilowners policy. You should check with your agent or company to see what type of policy you have.

Q. Wind caused my tree to fall on my mobile home and damaged my roof. Does my mobilowners policy cover the damages to my home and would the company pay to remove the tree from my property?
A. If your policy provides coverage for windstorm it will pay for the damage to your roof. The tree itself will not be covered. Most mobilowners policies provide a limited amount of debris removal coverage. Some companies may provide an option to increase coverage. You should contact your agent or company regarding debris removal coverage.

Q. Does my mobilowners policy provide Additional Living Expense?
A. Most mobilowners policies provide some additional living expense reimbursement in the event the mobile home is damaged or destroyed from a peril or perils insured against by the policy and the mobile home is thereby rendered uninhabitable. Some companies may provide an option to increase this coverage. It is important that you contact your agent and/or company regarding your additional living expense coverage.

Q. My mobile home was flooded. Will my mobilowners policy pay for my damage?
A. Some mobilowners policies do provide coverage resulting from a flood. Other mobile home policies exclude flood coverage. It is important to check your policy and/or contact your agent regarding flood coverage for your mobile home.

Homeowner FAQs
Q. Can I make repairs to my property immediately?
A. Generally, you should make temporary repairs if necessary to protect your property from further damage. Do NOT make permanent repairs until an adjuster has inspected the damage. Your policy covers the cost of necessary temporary repairs, so save your receipts for materials and labor. You may wish to take pictures of the damage before making temporary repairs.

Q. What do I do if my home is uninhabitable?
A. If you can´t remain in your home because of loss from "a covered peril," your homeowners or renters policy will pay for staying in a hotel, motel or other temporary shelter. However, payments are limited based on policy provisions. If the damage does force you to move, be sure to tell your insurer where you are and how to reach you by phone. Also, leave a note at your damaged residence telling the insurance adjuster how to find you.

Q. My home was not flooded by rising water; however, the sewer line backed up and caused damage in my home. Is this covered under my homeowners policy?
A. It depends on your policy. Some policies exclude water or sewage from outside the residence premises plumbing system that enters through sewers or drains. Contact your insurance company or agent regarding coverage.

Q. My house was flooded and I placed my furniture and household items in the front yard to dry out, but they were stolen. Will my homeowners policy cover this loss?
A. It depends on your policy. Even though there is an exclusion for flood losses, many policies contain an exception to that exclusion such as "We do cover an ensuing loss by theft or attempted theft or any act of stealing." Contact your insurance company or agent regarding coverage.

Q. My policy states that if a claim results from a weather-related catastrophe or a major natural disaster, each claim-handling deadline... is extended for an additional 15 days." Does this mean that I have coverage under my policy for damage caused by the flood?
A. This language does not alter or amend what is covered by the policy. It merely extends the time requirements of the Texas Insurance Code.

Q. Under a homeowners policy, who determines the cause of damage and who pays for an expert if one is needed?
A. The insurance company usually determines the cause of damage as its adjusters investigate and evaluate the loss. If an expert is required to determine the cause of the loss, the cost is usually borne by the insurance company, but in some cases may be paid by the insured.

Q. My house got water in it from the flood. I had damage to the roof and the roof is sagging and rain water came in through the roof. I don´t have flood insurance, but I do have homeowner´s insurance. What, if anything, may be covered under my homeowner´s policy?
A. If a covered peril such as wind or lightning caused damage to the roof and created an opening, then water damage to your home and personal property resulting from rain water coming through that opening may be covered under the standard homeowners policy.

Q. I´ve received a check from the insurance company, but am not satisfied with the amount. I plan to file a complaint to request additional funds be paid. Should I cash the check? If I cash the check, does it mean that I accept their decision and amount of payment?
A. Be careful about endorsing a check before discussing it with the company. Call the adjuster or company first before cashing the check. Some companies have a release from further liability disclaimer printed on the back of the check. The check may be a partial payment to initiate repairs. Additional funds may be released when you submit proof that repairs have been completed.

Q. How does replacement cost coverage work on policy types such as flood, homeowners, dwelling, and mobile home?
A. Replacement cost coverage replaces/repairs your damaged dwelling or personal property with new material and/or items of like kind and quality. In most cases, you should only be responsible for paying the deductible. Some homeowners and dwelling policies automatically include replacement cost coverage for the dwelling; others may be endorsed for an additional premium; and some may only provide actual cash value. Companies may also offer replacement cost coverage for mobile home policies. You should check with your agent or company to see if your company offers replacement cost coverage on your policy.

Q. I´ve received a check from my company for damages to my home. It is going to cost more to repair than the amount received. Did they pay me enough for damages?
A. If you have replacement cost coverage, you should only be responsible for paying your deductible in most cases. If you believe your company is not offering an amount sufficient to repair/replace your damaged property, minus your deductible, you may want to request appraisal in accordance with the provisions in the policy. Have your company explain the basis for its payment and clarify if additional funds are forthcoming.

Q. What´s the difference between the different types of homeowner policies? How does a dwelling policy differ from a homeowners policy?
A. Homeowners policies may either provide "all risk" or "named peril" coverage. All risk is used to describe policies that typically cover all perils unless specifically excluded in the policy. Named peril means the damage must be caused by a peril that is specifically named or listed in the policy. The homeowners policy provides coverage for the dwelling, personal property, and personal liability. A dwelling policy provides coverage for the dwelling and/or personal property.

Q. Do checks from insurance companies have to be endorsed by both the insured and the mortgage company? Does the same procedure apply to mobile homes?
A. Insurance claims payments for damage to property that is security for a loan must be made payable to the policyholder and the mortgage company, so they would require endorsements from both parties.

Q. What recourse does the insured have if the check was issued directly to the mortgage company? How long can a mortgage company hold money before releasing any to the insured? Can the mortgage company disperse the money in small increments? Can they withhold disbursements?
A. Your insurance company cannot make a check for a claim payable only to the mortgage company. If they do, you should refuse to accept it and demand the check be re-issued to you and your mortgage company.

The Texas Insurance Code provides that the mortgage company must, within 10 days after they receive the insurance proceeds, tell you what their requirements are in order to have the funds released. Once you have provided sufficient evidence to show that you have met those requirements, the mortgage company has 10 days to release the funds.

Q. Are plumbing problems/backed up toilets covered by any types of insurance, even after a flood?
A. Some homeowners policies provide coverage for accidental discharge, leakage or overflow from within a plumbing system and if rising flood waters cause toilets to overflow, the loss may be covered. Contact your insurance company or agent regarding coverage.

Q: There is a power outage in my area and we have no utilities in our home. Will my policy pay for a hotel until power is restored?
A. Probably not. The policy will normally only provide loss of use coverage if your home is damaged by a peril covered in your policy and, as a result of the covered damage the residence premises is untenantable or unfit to live in. You must check the specific language in your insurance policy.

Q. I bought my house several years ago and last year my mortgage was bought by another mortgage company. My original company provided flood insurance, but now I find that the new mortgage company did not provide it. What can I do?
A. Mortgage companies are required by statute to ensure that a property in a flood zone has flood insurance. A mortgage company must provide notice to the borrower of the requirement of flood insurance. If the borrower fails to purchase flood insurance, then a mortgage company may purchase flood insurance for the property. For information regarding the statute, contact the Federal Emergency Management Association (FEMA) representative at a Disaster Recovery Center (DRC) or the NFIP. Remember that it is important as a homeowner to ensure that all necessary insurance coverage is in place.

If you have a concern about a private mortgage lender, you should contact the Federal Trade Commission (FTC) at 214-767-5501 or 5503. You may also reach the FTC at www.ftc.gov.
If the lender is a state-chartered savings and loan, or bank, contact the Texas Savings and Loan Department at 512-475-1350.
If the lender is a Federal Chartered Lender, contact the Office of Thrift Supervision at 972-281-2000.
In some instances, the U.S. Department of Housing and Urban Development (HUD) can help. Call HUD at 1-800-669-9773.
Q. Wind caused my tree to fall on my house, which caused damage to my roof. Does my homeowners policy cover the damage to my house and pay for the removal of the tree from my property?
A. If your policy provides coverage for wind, the roof damage caused by the tree is covered. Homeowners policies will not pay for the tree itself; however, most policies pay to remove a tree if a covered peril caused it to fall on and damage covered property. Some policies limit the coverage for removal to $500 per tree and $1,000 per loss. Contact your insurance company or agent regarding coverage.

Q. My neighbor´s tree fell down on my house and damaged my roof. Will my neighbor´s homeowners policy pay for the damage to my home and remove the tree?
A. Probably not. Your neighbor is not legally liable for an act of nature.. However, if the tree was dead, your neighbor may be responsible for the damage to your home. If your neighbor´s policy does not pay for your damage, you can make a claim under your policy if the peril that caused the tree to fall is a covered peril in your policy. You should contact your agent and/or company regarding the damage.

Q. Some trees blew down in my yard during a storm. Will my homeowners insurance policy pay for the loss to and removal of the trees?
A. No. Wind is not a covered peril for trees, shrubs, plants and lawns. Removal of the trees is not covered either since they did not fall on or damage covered property.

Q. A windstorm blew my fence down. Will my homeowners insurance cover loss of my fence?
A. If your policy provides coverage for wind, you may have coverage for the fence. Coverage for fences is usually limited to actual cash value which is the replacement cost for the damaged property less depreciation. Some policies do not provide any coverage for fences damaged by wind. You should check your policy and/or contact your agent regarding coverage.

Q. Who should I contact if I have damage to my home as a result of a windstorm and my windstorm insurance is provided through the Texas Windstorm Insurance Association (TWIA)?
A. For questions on policy coverage or filing a claim on your TWIA policy, please contact your insurance agent or contact the TWIA at 1-800-788-8247 or via their website at www.twia.org.

For questions regarding inspections of your property for certification to the Windstorm Building Code, please contact the Texas Department of Insurance Windstorm Inspection unit at 1-800-248-6032 or refer to the website at www.tdi.state.tx.us and click on More Windstorm Info.

Q: What coverage do I have for my house and personal property under my TWIA policy?
A: Generally, the TWIA Dwelling Policy provides coverage for direct physical loss to your dwelling, other structures such as detached garages, and personal property, including clothing. The amount of insurance for other structures is included in the limit of insurance for the insured dwelling and will not exceed 10% of that limit unless you have specifically insured other structures on the Dwelling Policy. You should contact your agent and review your policy and any applicable endorsements for specific coverages.

Q. During the storm, a tree fell on the roof of my home which allowed rain to enter from the opening made by the tree. I now see mold growing - do I have coverage?
A. Most homeowners policies will provide coverage for the property damaged by rain that entered through an opening caused as a direct result of wind. Generally, mold is excluded in the homeowners policy; however, some policies will cover an ensuing mold loss caused by or resulting from covered water damage. Coverage for ensuing mold loss would include the reasonable and necessary costs to repair or replace your damaged property. Most policies do not include any additional cost for remediation or testing of ensuing mold unless your policy includes mold remediation coverage.

Q. During the storm, my home was flooded. Does my homeowners policy cover mold damage from the flood water?
A. Typically, homeowners policies do not cover damage caused by or resulting from flood, surface water, waves, tidal water or tidal waves, overflow or streams or other bodies of water or spray from any of these whether or not driven by wind. If there is no flood coverage provided in the homeowners policy, any ensuing mold loss resulting from flood would not be covered under the policy.

Q. Do I have to hire a public insurance adjuster to file and help in the settlement of my auto or homeowner's insurance claim?
A. No. Hiring a public insurance adjuster to assist you in filing a property insurance claim is optional. Public insurance adjusters charge fees to help negotiate claim settlements with insurance companies. Be aware that the public insurance adjuster fee is normally a percentage of the claim settlement and therefore is paid out of settlement monies received from an insurer.

Q. Are there any limitations on the compensation of a public insurance adjuster?
A. Yes, the following limitations apply:

If a claim is settled within 72 hours of the date the loss is reported to the insurance company, the public insurance adjuster is entitled only to reasonable compensation for time and expenses.
The public insurance adjuster's fee may not exceed 10 percent of a claim settlement and must be disclosed in the public insurance adjuster written contract.
Q. Is a public insurance adjuster permitted to be involved in the repair of damaged property for which the public adjuster negotiated settlement?
A. No. The public insurance adjuster may not participate, either directly or indirectly, in the reconstruction or repair of damaged property that is the subject of a claim adjusted by the public insurance adjuster.

Q. Are public insurance adjusters required to be licensed by the Texas Department of Insurance?
A. Yes, a person may not act as a public insurance adjuster in this state or hold himself or herself out to be a public insurance adjuster in this state, unless the person holds a license or certificate issued by the commissioner. You may verify the license status of a public insurance adjuster at http://www.texasonline.state.tx.us/NASApp/tdi/TdiARManager.

Q. The food in my refrigerator spoiled because of loss of power in my area. Will my homeowners policy pay for the loss?
A. Most homeowners policies will provide up to $500.00 for spoilage of refrigerated or frozen food caused by an off premises power failure, if the power failure is a direct result from peril covered in your policy. If the power failure is a result of physical damage to the dwelling or any equipment contained in the dwelling and is caused by a peril covered in your policy coverage is not limited to $500.00. Other policies may not provide the $500.00 for a loss resulting from a power failure off premises unless added by an endorsement.

Q. If I evacuate due to a storm, and my personal property is damaged or stolen while in another location, will my personal property be covered by my auto or homeowners policy?
A. Homeowners policies provide coverage for personal property while away from the insured location or premises. Most policies limit the amount of this coverage to either 10% or 20% of the total amount of coverage for personal property. Some policies limit theft coverage for personal property while away from the residence premises at any other residence owned by, rented or occupied by an insured, unless the insured is temporarily living there. Generally, a personal automobile policy will not cover personal property.

National Flood Insurance Program (NFIP) FAQs
Q. What is the difference between a flood insurance policy issued by the NFIP and a policy issued by an insurance company? Does one provide better coverage than the other?
A. Flood insurance is provided by the federal government through the NFIP. The policies that are sold by insurance companies are usually NFIP policies sold through the Write Your Own (WYO) program. This is done to make it easier to purchase flood policies through local insurance agents. Even though the policies are purchased through the insurance companies, they are NFIP policies. Claims are handled by NFIP adjusters and by insurance company adjusters that are certified by the NFIP to handle flood claims. Questions and complaints can be referred to the NFIP at 1-888-225-5356. Some insurance companies may also offer flood coverage other than the NFIP policy. You should check with your agent or company to see if flood coverage other than the NFIP policy is available, and to compare the coverages being offered to determine the best coverage for your needs.

Q. How can I obtain insurance coverage to protect my home and contents from damage caused by flooding?
A. The National Flood Insurance Program (NFIP) makes flood insurance available to people who live in communities that participate in the National Flood Insurance Program. Contact your agent or the NFIP at 1-888-225-5356 to purchase a NFIP policy. The home need not be near a body of water or in a floodplain to qualify.

Q. Is flood insurance expensive?
A. The average flood insurance policy costs $300 a year for $100,000 of coverage. People in low risk areas can purchase flood insurance for just over $100 a year.

Q. Why would I buy flood insurance if my property is in a low or moderate risk area?
A. Twenty to twenty-five percent of all flood insurance claims come from low to moderate risk areas.

Q. Can I buy flood insurance if I rent?
A. You can buy up to $100,000 of flood insurance for your contents.

Q. How much flood insurance can I buy?
A. You can buy up to $250,000 for the dwelling and $100,000 for your contents.

Q. Does the policy provide any coverage for additional living expense?
A. No, the NFIP policy does not provide coverage for additional living expense.

Q. How is damaged residential property valued after a loss under an NFIP policy?
A. If the property is insured to at least 80 percent of its value and is your principle residence, the dwelling will be valued at replacement cost if the dwelling is replaced. If the dwelling is rebuilt at a new location, the replacement cost won't exceed what it would have cost to replace at the former location.

Contents, appliances, carpets and carpet pads and outdoor property are valued at actual cash value. Actual cash value is the cost to repair with new material of like kind and quality less depreciation.

Q. Is there coverage for the cost of debris removal? What about loss avoidance measures?
A. The cost of removing debris on your property, and the cost of removing debris of your property that is on someone else's property is covered, but it's subject to the limit of the policy. You will be compensated at the Federal minimum wage if you perform the work yourself. Loss avoidance is limited to $1,000 for the cost of sandbags, temporary levees, pumps and plastic sheeting and lumber, including the value of your work. An additional $1,000 is available for the cost of moving insured property to protect it from flood. These benefits do not increase the limit of insurance.

Q. If my automobile was parked on my property and damaged by flood, does the flood policy cover the damage?
A. No, automobiles are not covered property under the NFIP policy. If you have comprehensive or full coverage under your auto policy, flood should be covered by that policy. If you have liability only, there is no coverage for the auto.

Q. Does flood insurance cover damage to built-in appliances?
A. Check to see what flood insurance coverage you have. Then, call the NFIP at 1-888-225-5356 to determine what would be covered in a flood insurance policy. Generally, flood policies provide coverage for the structure and personal property. Built-in appliances may fall under either category.

Q. What coverage is available for commercial buildings?
A. Up to $500,000 is available for non-residential buildings, and an additional $500,000 for contents of non-residential buildings. Buildings and contents are valued at actual cash value.

Q. When does coverage become effective under an NFIP policy?
A. There is a 30-day waiting period before coverage goes into effect after an NFIP policy is purchased. However, there is an exception to the 30-day waiting period when a new policy is initially purchased in connection with a loan. In that case, the policy becomes effective at the time of the loan closing.

Q. What if my dwelling or commercial building is valued over the maximum limits available?
A. The insurance company that insures your commercial building for fire might add excess flood coverage. That coverage usually has the NFIP maximum limits as a deductible. Availability might depend on the Flood Zone of each location. There may be insurers that will write excess policies for dwellings over the $250,000 maximum limits. You should contact your agent to learn more about available coverage.

Q. Where can I get more information about flood insurance?
A. Check out www.floodsmart.gov and http://www.iii.org/prepare/home/.

For more information contact: ConsumerProtection@tdi.state.tx.us

Emergency Food Stamp Assistance Available to Ike Victims (From the Texas Health and Human Services Commission)

AUSTIN - Texas will be providing emergency food stamps to Hurricane Ike victims who qualify and will automatically replace benefits for program participants in the storm's path.

The Texas Health and Human Services Commission (HHSC) sought and received a federal waiver to make the emergency assistance available to low-income individuals and families living in any of the 29 counties that have been declared disaster areas.

"We know that many Texans saw an unexpected loss of income this month because Hurricane Ike disrupted their jobs, their workplaces and their lives," said Texas Health and Human Services Executive Commissioner Albert Hawkins. "Those Texans may now qualify for special hurricane assistance to provide food for their families while they get back on their feet."

Eligible Texans in disaster areas can receive up to two months of food stamp benefits by calling 2-1-1 or applying at any HHSC benefits office through Oct. 17. The person submitting the application needs to provide proof of identity and residence, such as a driver license, and answer questions about household income and resources. A family of four earning up to $2,915 this month may qualify for assistance. Applicants also will have to answer questions about their bank account balances and other assets. People who provide additional documentation may qualify for benefits for a longer period.

The federal waiver applies to Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller and Washington counties. Additional areas may be added later as damage assessments continue..

Current food stamp recipients living in areas declared a disaster will get replacement benefits. HHSC will automatically replace a portion of September benefits for food stamp recipients in those 29 counties. The replacement benefits will help more than 500,000 Texans in areas where power outages or flooding are likely to have damaged or destroyed a family's food supply.

Food stamp benefits are placed on a Lone Star card that food stamp recipients use like a credit or debit card to purchase groceries. Food stamp recipients in counties declared a disaster area do not need to visit an office for the replacement benefits, which will automatically be placed on their Lone Star cards later this week.

The federal government also granted permission for hurricane victims to use food stamps to purchase hot ready-to-eat foods. These items, which are not normally allowed under federal rules, will help families who are unable to return to their homes immediately.

For hurricane victims outside the 29 counties designated as disaster areas, the U.S. Department of Agriculture gave the state permission to give food stamp recipients 20 days - twice the normal amount of time - to report if they lost food in the storm. These food stamp recipients will need to contact their local HHSC benefits office to report the loss of food and apply for replacement benefits. Once the state verifies that the family lived in an area that flooded or lost power for an extended period of time, the state can issue replacement food stamp benefits to the family.

Texans can find the locations of HHSC benefits offices by calling 2-1-1 or visiting www.hhsc.state.tx.us <http://www.hhsc.state.tx.us/> . People are encouraged to call 2-1-1 or the office number to verify that the office is operating because many benefits offices remain without power.

HHSC is working to establish alternate office locations and applications methods for people in areas hardest hit by Ike. These locations and application options will be posted on the HHSC website, www.hhsc.state.tx.us <http://www.hhsc.state.tx.us/> , as they become available.

This e-mail was not sent at state expense.

HISD and Texas School Finance

Mon, 10 Mar 2008 14:34:32 -0500

For your information, below is an editorial that the Houston Chronicle ran yesterday on recent news that HISD will soon be required to return local tax revenue to the state because of Texas' school finance laws. My colleague Rep. Scott Hochberg is quoted in the editorial explaining how low appraisal values and the 2006 property tax cut bill that prioritized lower property taxes over fixing our public schools have lead HISD to the place where it is today.

March 8, 2008, 3:10PM Robin Hood Texas must come up with a school financing formula that expands state support for HISD.
It seems incomprehensible that the Houston Independent School District could be classed by the state as a rich district required to return local tax revenue under the so-called Robin Hood plan for redistribution to poorer areas.
Houston has not only the largest public school enrollment in Texas, but also the biggest concentration of low-income students, many of whom speak little or no English. The funding formula approved by the Texas Legislature two years ago focused almost exclusively on property tax relief without taking into account the special needs and higher costs of educating poor students.
Because it has a large tax base, HISD will have to support itself while paying the state an increasing share of tax revenue. While the estimated $3.2 million bill to the state in 2009 is a minuscule part of the district's $1.5 billion budget, it is the first symptom of a financial malady that will only grow worse in time.
State Rep. Scott Hochberg, D-Houston, has long specialized in public school finance and is recognized as a leading expert on the issue. He says the decision by Texas legislators to pour most new state money into tax cuts penalized districts, such as HISD, with large tax bases but disproportionate educational requirements. HISD is located in a high-cost labor market, a factor the state formula does not adequately take into account. According to Hochberg, "a true recognition of what it costs to deliver a successful, rigorous education in a low-income environment would change this picture dramatically."
Finally, because the state comptroller has determined that properties in Harris County are appraised at below their true value by HCAD, the school district funding is figured as if it is receiving more tax dollars than it actually gets.
It all adds up to a situation in which a district with massive educational responsibilities is getting dwindling help from the state. It's a woefully shortsighted policy that will saddle future Texans with even higher dropout rates, increased crime and fewer educated workers to service a growing economy.
When the Legislature convenes next year, one of the first items on the agenda should be reworking the school finance formula to reflect the real costs of providing education in districts such as Houston.
Rather than taking from the poor to give to the poor, the state must assume its rightful share of the cost of educating all our children.

Statement of Rep. Coleman on Texas Precinct Convention Process

Thu, 6 Mar 2008 14:33:25 -0600

(Houston)//--State Representative Garnet F. Coleman (D-Houston) issued the following statement regarding Texas' precinct convention process:

"The execution may have been a little chaotic, but the spirit of a precinct convention - of neighbors who rarely get to see each other coming out of their homes, standing in line on a chilly Tuesday evening, talking, arguing, thinking about political and policy beliefs, making their voices heard - that's democracy at its finest," said Representative Coleman. "Neighborhood cohesion has been weakened by outside forces for years. We shouldn't weaken our own communities by eliminating a chance for neighbors in Texas to come together and make their voices heard."

"Most people think their civic club, their PTO, or their homeowners association is important. Their precinct convention is just as important," said Representative Coleman. "Our politics has become fragmented and precinct conventions give Texas neighbors a chance to come together. Get rid of them, and our politics becomes just about commercials on TV."

"Texas should consider getting rid of the open primary. Requiring voters to register by party would make Democratic party membership more meaningful and improve party cohesion and decision making in our state."

Thank You and Our Democratic Nominees

Wed, 5 Mar 2008 14:32:00 -0600

Thank you to my friends and supporters for your help in my re-election campaign. I am honored and grateful to have your support.

Congratulations to the Democratic nominees in races for the Texas House across the state. Everyone fought spirited campaigns and I look forward to working with them as candidates and as legislators. Below is a list of candidates in contested races who are now the Democratic nominees in their districts.

Donnie Dippel - District 17
Jim Dillon - District 20
Dora Olivo - District 27
Kino Flores - District 36
Rene Oliveira - District 37
Aaron Pena - District 40
Tara Rios Ybarra - District 43
Dawna Dukes - District 46
Ernie Casbeer - District 59
Marisa Marquez - District 77
Joseph E. Moody - District 78
Roberto Alonzo - District 104
Bob Romano - District 105
Armando Walle - District 140
Carol Alvarado - District 145
Al Edwards - District 146
Jessica Farrar - District 148

Houston Chronicle Endorsements

Sun, 2 Mar 2008 14:30:44 -0600

For your information, below is a partial list of candidates endorsed by the Houston Chronicle, myself included, in their races for the Texas House. If you haven't voted yet, you can click here to find where you vote on Tuesday; the polls are open from 7am-7pm.

If you would like to express your preference for president in Texas' caucuses or be a delegate to your senate district or state convention, be sure to return to your polling place at 7pm on Tuesday. However, your precinct convention won't start until the last person in line has voted. Burnt Orange Report has a terrific write-up on how Texas' "primacaucus" works, which you can read by clicking here.

Texas House, District 146, Democrat Borris Miles — Miles, though dogged by a lawsuit alleging unseemly conduct, is still the better candidate in this primary contest. Miles' Democratic challenger is Al Edwards, whom Miles defeated in 2006 and who held the seat for almost three decades, a tenure noted for its modest benefit for the district. Miles says he has learned his lesson regarding public deportment. In his short time in Austin, Miles proved that he can be an effective representative.

State representative, District 140, Democrat Armando Walle — If elected, Walle pledges to focus on education and health care. A lifelong district resident, Walle is intimately familiar with the needs of this community. This is Walle's first run at elective office, but he has long served the district as an aide to U.S. Rep. Gene Green and Harris County Commissioner Sylvia Garcia. The incumbent, state Rep. Kevin Bailey, has been an able representative but appears to have lost the confidence of his heavily Democratic constituents by working closely with and receiving large campaign contributions from House Speaker Tom Craddick, a Republican.

Texas House, District 148, Democrat Jessica Farrar — Running for her eighth term, incumbent Farrar has been an outstanding representative for her district and has played a strong leadership role for her party in Austin. Farrar has been criticized for attending law school while in office, but she makes a strong case that this additional training will be a boon to her constituents.

Texas House, District 147, Democrat Garnet Coleman — Coleman, the incumbent, says he is frustrated by public school dropout rates, high college tuition and the high rate of uninsured children. He promises to continue fighting for improvements. Clean air is another of Coleman's priorities, as are land banking for affordable housing and sensible stewardship of the environment. Deeply-versed in all the complexities of lawmaking, Coleman is highly competent, well-respected and the best choice for voters in this contest.

Texas House, District 145, Democrat Carol Alvarado. Alvarado racked up a solid record of achievements during three two-year terms as a Houston city councilwoman. Now running for the seat vacated by Rep. Rick Noriega, Alvarado wants to revisit tuition deregulation, which has made college costs prohibitive for many of her prospective constituents. A native Houstonian who has a history of working to strengthen neighborhoods and fighting pollution in the district, Alvarado pledges to work as a legislator for broader health coverage for Texas children.

Thank You For Your Support

Fri, 29 Feb 2008 14:29:13 -0600

I want to thank all of these organizations and all of our supporters, listed and not listed, for having confidence in my ability to serve the people of District 147 and of Texas (this list is current as of today; we apologize if we've omitted anyone by error).

I encourage you to take advantage of the last day of early vote ( click here for a list of locations in Harris County). The polls are open until 7pm this evening. If you don't vote today, be sure to vote Tuesday March 4, from 7am-7pm. Let your voice be heard.

Endorsed by:

Houston Black American Democrats
Houston Tejano Democrats
Houston Area Stonewall Democrats
Houston Young Stonewall Democrats
Harris County Democrats
Area 5 Democrats
Houston GLBT Political Caucus
Harris County AFL-CIO and their member unions
Houston Federation of Teachers
Texas State Teachers Association
Texas State Employees Union
Sierra Club Political Committee of Texas
Texas Progressive Alliance
TexPAC
Houston Association of Realtors

Craddick's fate as speaker may be sealed by primary

Mon, 25 Feb 2008 14:27:53 -0600

For your information.
Craddick's fate as speaker may be sealed by primary His tactical position to keep the job tied to 7 GOP, 6 Democrat contests
Feb. 23, 2008, 8:42PM
By GARY SCHARRER Copyright 2008 Houston Chronicle Austin Bureau
AUSTIN — House Speaker Tom Craddick's name appears on the Republican Party primary ballot in Midland just as it has for the past 40 years, but voters elsewhere will decide the outcome of his struggle to hang on to the speaker's powerful gavel.

Craddick narrowly survived two Republican-led challenges to his leadership of the Texas House last year.

Further erosion of his support means his bid for a fourth term as speaker hinges on the outcome of about a dozen legislative contests far from his home base.

"It's 50-50, roughly," said Craddick confidant and Capitol consultant Bill Miller. "I think it's going to be in play right through the fall election."

Kelly Fero, a Democratic campaign consultant, contends Craddick's fate largely will be cast by the election results in both the GOP and Democratic primaries.

"Craddick's future is all about March 4, and he's going to have to run the table," Fero said. "Every one of his allies is going to have to survive, and every one of the challengers is going to have to lose.

"And even then, his survival will depend on a few key allies having the political courage to stick with him."

Craddick, 64, first won his legislative election in 1968 and toiled in the trenches of the minority party until Republicans whipped Democrats in 2002 and sent 26 freshmen to the state House. Republicans rewarded him with the speakership.

The speaker appoints committee chairs, shapes committees and controls the legislative flow in the 150-member chamber.

The speaker also gets an office and an apartment in the Capitol.

Craddick's leadership has soured some of his allies, who unsuccessfully challenged his re-election as speaker last January before launching an open rebellion four months later.

Craddick survived an effort to oust him by asserting "absolute authority" and blocking a vote to remove him near the end of the legislative session.

A combination of GOP defections, retirements and key primary races imperil his re-election for speaker.

Craddick survived January 2007's challenge on an 80-68 vote.

He has since lost at least eight supporters — dropping his likely votes to about 72. It takes at least 76 votes to win the speaker's job.

Republicans have lost a net nine seats since Craddick took over and would lose control of the House if Democrats pick up five more in the November election.

Early speculation
The 2008 election cycle "is shaping up to be a good Democratic year, so it is clearly possible that the Democrats pick up the seats they need to take the House," said Cal Jillson, a political science professor at Southern Methodist University. "Even if they fall a couple of seats short, Craddick is toast."
"Only if Republicans expand their majority in the House and Speaker Craddick is credited with that success does he hold his speakership. The latter scenario seems unlikely," Jillson said.

Any speculation on Craddick's bid to retain power is premature, said Todd Smith, a GOP campaign consultant and former executive director of the House Republican caucus.

"People have been predicting the demise of Tom Craddick for a very, very long time," Smith said. "Anybody who discounts Tom Craddick and his ability to remain standing and in a strong position doesn't know Tom Craddick very well."

Craddick's reputation for heavy-handed tactics plays into campaign strategy for some candidates, such as state Rep. Pat Haggerty, R-El Paso, whose brochures and radio spots tie Craddick in a negative way to challenger Dee Margo.

But most GOP voters don't recognize Craddick's name. They care much more about lower property taxes, toll roads and border security than House speaker politics, Smith said.

Telling elections
Former Craddick ally and House Ways and Means Chairman Jim Keffer, R-Eastland, broke with Craddick last spring and is now running for speaker himself.
"The Republican members are extremely concerned," Keffer said. "I do feel that Craddick is a sinking ship."

He faults Craddick for creating an atmosphere of excessive partisanship.

"It's gotten into the ridiculous, and you just get tired of beating your head against the wall," Keffer said. "You can duck and say it doesn't matter or not do anything about it. You can quit, or you can stand up and say something about it, and that's what I decided to do."

Whether Craddick heads into the fall general election strengthened or weakened probably depends on at least seven GOP primary races and roughly six Democratic contests. Four so-called "Craddick Democrats" face fierce primary opposition because of their loyalty to the Republican speaker. Every election since Craddick was first elected speaker has seen the loss of some of his Democratic allies.

"It's almost certain (it will happen again)," Fero said. "You can argue about which and how many. Many feel that Kevin Bailey is the most vulnerable of the four."

Bailey, of Houston, plus Rep. Dawnna Dukes, D-Austin, Rep. Kino Flores, D-Palmview, and Rep. Aaron Pena, D-Edinburg, are the latest batch of Craddick allies facing fire from fellow Democrats in their home districts.

Campaign distraction
Being stigmatized as a "Craddick Democrat" in a primary complicates a campaign, said Colin Strother, a consultant for Dukes.
"It can serve as a distraction from a substantive discussion of the real issues," he said, adding Dukes will survive her challenge.

"Dawnna has been particularly resilient to that for a number of reasons," Strother said. "She still has an outstanding Democratic record and she's active in the district, working with community leaders. So it's harder for an opponent to boil down and make her all about one vote and trying to define her career with one vote for speaker."

Miller remains optimistic Craddick will hang on as speaker and emphasized that Craddick will "be a player" regardless of the outcome.

"There ain't no quit in Craddick," Miller said. "This guy is very determined. He's always working his angle, and he never really gets very up and he never really gets very down. He's always working, working, working, thinking about it, doing stuff: 'What can I do?' That's the way he's made."

Support Jessica Farrar

Tue, 19 Feb 2008 14:25:52 -0600

From children's healthcare to the environment, homeland security to women's health, Representative Jessica Farrar has been a tireless advocate for Texans in need in her thirteen years in the Texas House. She is the founder of the Women's Health Caucus and the House Environmental Caucus, and is vice-chair of the House Democratic Caucus.
Representative Farrar has an opponent in the Democratic primary (with Tom Craddick behind the scenes in her race), and she needs your support. Please click here to give online to support Representative Farrar in her race.

Early Voting, My Campaign and Tom Craddick

Mon, 18 Feb 2008 14:24:09 -0600

Early Voting Starts Tuesday
Early voting for the March primary begins tomorrow, February 19. Below are the hours when you can early vote, and you can click here for a map of early voting locations in Harris County.

February 19th - February 22nd
        8:00 a.m. - 4:30 p.m.
February 23rd
         7:00 a.m. - 7:00 p.m.
February 24th
         1:00 p.m. - 6:00 p.m.
February 25th - February 29th
         7:00 a.m. - 7:00 p.m.

Help Me Make A Better Texas
I need your help to defeat an opponent in the March 4 Democratic Primary. I am preparing to have up to $200,000 spent on mailed attacks against me and must have the resources to respond rapidly. You can send a check to my campaign at P.O. Box 88140, Houston, TX 77288 or contribute online by clicking here.

Contact us for a yard sign
If you live in District 147 and would like a yard sign to show your support for my campaign and my continued efforts to make a better Texas, you can click here to request one by e-mail, or you can call my campaign office at 713-522-8634.

Craddick Forces Playing in Democratic Primaries
Below is an column from today's Houston Chronicle on the involvement of Republican Speaker Tom Craddick (and his surrogates like Ron Wilson) in Democratic primaries.

By Clay Robison
Copyright 2008 Houston Chronicle
AUSTIN — Consider the easy-come, easy-go plight of Republican Rep. Nathan Macias of Bulverde.

He may be in danger of losing his seat after only one unremarkable term in the Texas House, mainly because he has lost his political sugar daddy.

Two years ago, Macias was rolling in money on his way to an upset GOP primary victory over then-Rep. Carter Casteel of New Braunfels, one of the House's more competent members.

More than 90 percent of Macias' 2006 primary campaign funding came from San Antonio businessman James Leininger, the private-school voucher advocate, who was determined to unseat Casteel because she had dared vote against his cause. The attack ads were mean.

Before 2006 was over, Leininger had spent nearly $5 million on Macias and other legislative candidates, only to come up empty again on vouchers during the 2007 session. So far this year, he has closed his checkbook to legislative candidates.

Consequently, Macias, according to the most recent campaign reports, is lagging well behind Republican challenger Doug Miller, an insurance man and former New Braunfels mayor, in fundraising.

During the first three weeks of 2006, Macias raised $197,000, of which $182,000 came from Leininger. During the first three weeks of this year, he raised only about $8,900, leaving him with about $7,100 in his campaign account in late January. Miller had more than $75,000 in the bank then.

Speaker Tom Craddick or his surrogates may yet arrange for a large amount of cash to be plunked into Macias' campaign. Or Leininger may start writing checks again.
But without some late campaign help, Macias is nearing the end of his short legislative career, some political observers believe.
Adding to the lawmaker's woes, and independently of the Miller campaign, a pro-gambling committee has begun airing a TV commercial attacking Macias for "keeping his head in the sand" while the Legislature increased spending and allowed electric rates and college tuition to rise.
Coleman's opponent
In case anyone is wondering, former state Rep. Ron Wilson said he didn't make a $30,000 cash loan to LaRhonda Torry, who is challenging Rep. Garnet Coleman, D-Houston, in the Democratic primary.
Torry listed a $30,000 loan from Wilson on her recent campaign finance report, but Wilson said that represented the value of his legal services. He represented her in the successful fight to get her name on the ballot after the Harris County Democratic Party rejected her application.
Will the loan be repaid? "I hope so," he said.
Coleman still believes Wilson recruited Torry on behalf of Speaker Tom Craddick. Wilson still denies it. Although he is a Democrat, Wilson was part of Craddick's leadership team when he was in the House and signed on as a House parliamentarian last spring to help Craddick survive a late-session uprising.
Replacing Democrats
Coleman believes he has enough evidence to link Craddick to the Democratic primary challengers of at least six incumbent House members, including himself, who oppose Craddick's continued rule.
With the speakership on the line and few House districts likely to change partisan hands in November, Coleman said, Craddick's leadership "may rest in replacing good Democrats with new Craddick D's in the primary elections."

Besides what Coleman believes are Craddick's efforts to undermine his re-election, Coleman said the speaker and his allies are helping Democratic opponents of Democratic Reps. Juan Escobar of Kingsville, Rene Oliveira of Brownsville, Paul Moreno of El Paso and Jessica Farrar and Borris Miles of Houston.

Escobar's Democratic challenger, Tara Rios Ybarra of South Padre Island, has received more than $50,000 from Texans for Lawsuit Reform, which also is close to Craddick. Rios Ybarra and Oliveira's primary challenger also are using a consulting firm that has worked for other Craddick supporters in South Texas, Coleman said.

Former Rep. Al Edwards of Houston, a Democrat loyal to Craddick who is trying to reclaim the seat he lost to Miles two years ago, got $25,000 last month from home builder Bob Perry, a major Craddick supporter. Also in Houston, Farrar's Democratic challenger, Jose Medrano, is using a consultant previously hired by Ron Wilson and other Craddick allies, Coleman said.

Agreement on Obama
Coleman and Wilson may be enemies in legislative politics, but they both support Barack Obama's presidential bid.
Wilson jokes that Coleman's support is a "deathbed conversion." Coleman initially backed John Edwards and switched to Obama after Edwards quit the race.

Now that the presidential race has finally arrived in Texas, Wilson said he has offered to house Obama's young campaign staffers at his home in Austin.

Craddick playing in Democratic primaries

Sun, 17 Feb 2008 14:22:25 -0600

If you would like a little information about how Republican Speaker of the House Tom Craddick is playing (potentially illegally) in Democratic primaries, the two editorials below from the Austin American Statesman and Denton Record-Chronicle should be informative.

Bipartisanship, Craddick style
10:51 AM CST on Saturday, February 16, 2008
Don't ever accuse Texas House Speaker Tom Craddick of blind partisan politics. As presidential candidates speak rhetorically about "reaching across the aisle," Craddick, a Midland Republican, is already doing it.
Moreover, he's apparently putting his money where John McCain's mouth is by giving campaign contributions to friendly Democrats. This is highly unusual, and some people are saying it's illegal.
Craddick, you will remember, barely survived an insurrection in the House of Representatives last year. Democrats and Republicans alike were tired of his autocratic methods, and there was a concerted bipartisan effort to remove him as speaker, a move he subverted by making up his own rules and firing House parliamentarians until he found one that would agree with his interpretations.
Craddick could face another tough fight to keep the speakership when the Legislature convenes again, and he seems to have taken steps to shore up his defenses.
The most interesting step was to give $250,000 to Texas JOBS, a long-dormant political action committee, which straightaway began giving money to Democrats who had sided with Craddick in his fight to keep the speakership.
Texas JOBS had been dormant since the summer of 2006. Its treasury was as empty as a bull fiddle. On Jan. 26, it got a contribution of $250,000 from Tom Craddick's campaign fund. On Jan 11, Texas JOBS gave contributions of $50,000 each to state Rep. Kevin Bailey of Houston, state Rep. Aaron Pena of Edinburgh and state Rep. Kino Flores of Palmview. All those gentlemen are Democrats; all had supported Craddick in his fight to retain the speakership, and all had drawn Democratic primary opponents who were lambasting them over their support for Craddick.
This picture of Tom Craddick reaching "across the aisle" to help colleagues in another political party warms the cockles of our heart, but as much as we like hot cockles, there are a couple of things wrong with it, not the least of which is the possibility that it may be illegal.
It is illegal, you see, for anyone seeking the speaker's chair to use campaign funds in an effort to secure that position. Craddick apparently believes he avoided that pitfall by first giving his money to the moribund PAC, which then distributed it to the friendly Democrats.
There are other people — people with two eyes and half a brain, for instance — who see the scheme for what it is: a 24-hour money-laundering operation. Some of these people are asking the Travis County District Attorney's Office to investigate the affair as a criminal matter.
Unfortunately for Craddick, the Travis County District Attorney is Ronnie Earle, who seems to love nothing more than to investigate and indict shady politicians. Earle is a Democrat, but of the 17 public officials he's indicted since 1977, 11 have been fellow Democrats, so his is pretty much a bipartisan operation, too.
We are positively giddy at all this bipartisanship. We hope Earle keeps it alive by indicting not only Craddick, but also the Democratic weasels who accepted his scrubbed-up "contributions."
We would dearly love to see Tom Craddick "reach across the cell block."
Campaign donations in the wink of an eye
By The Editorial Board | Tuesday, February 12, 2008, 06:22 PM
Travis County prosecutors are right to examine whether House Speaker Tom Craddick tried to boost his return as leader of the Texas House by channeling tens of thousands of dollars to fellow lawmakers who have supported him over the years. If Craddick did that, he has violated state law that forbids a person, including a speaker, from making contributions "to aid or defeat a speaker candidate." The outcome of the probe might well determine whether moneyed interests can easily subvert the law by using a third party.
Craddick's attorney, Roy Minton of Austin, says that Craddick did not break state law nor try to influence his bid to be re-elected speaker. Craddick, Minton says, simply donated money to a political committee, which, without Craddick's direction, donated to three Democrats loyal to Craddick during the last session. That loyalty has cost those Democrats within their own party. Each has a contested primary race.
Craddick cannot afford to lose any potential votes from either party for his own speaker's race. The Midland Republican has held onto his thin margin of support - if that still exists - by abusing House rules. In the last session, he weathered a near mutiny led mostly by GOP House members.
Minton is asking the public to believe a bizarre coincidence and dismiss what seems the most logical explanation - that Craddick is using his war chest to keep his supporters in power so they in turn keep him in power.
In Tuesday's editions, American-Statesman writer Laylan Copelin reported that on Jan. 10, Craddick revitalized an almost dormant political committee, Texans for Jobs & Opportunity Build a Secure Future, with a $250,000 donation. The next day, Texans for Jobs & Opportunity donated $50,000 each to Democratic Reps. Aaron PeÃ±a of Edinburg, Kino Flores of Palmview and Kevin Bailey of Houston. Rep. Dawnna Dukes, D-Austin, wisely turned down a $50,000 contribution from the same PAC.
Minton said Craddick's donation to the political committee and the PAC's subsequent contributions to Democrats were unrelated . So reasonable people are being asked to believe that Craddick did not know where his money was going when he donated $250,000 from his campaign account to the political committee.
PeÃ±a, Flores and Bailey said they didn't solicit the money and were not familiar with the PAC that gave them their largest contributions. PeÃ±a said his $50,000 check just showed up in the mail one day. How nice. PeÃ±a said he isn't returning the money, either: "It's spent."
The matter has ended up before Travis County District Attorney Ronnie Earle because Texans for Public Justice filed a complaint accusing the PAC and Craddick of violating state law.
Austin attorney Buck Wood was as a lobbyist for Common Cause years ago when he helped draft the state law in question. He told the American-Statesman on Tuesday: "It was passed to prevent exactly what is happening - through either the lobby or the speaker amassing large campaign funds and using them to influence his election by giving out large sums."
The law won't be worth much if it turns out that Craddick or anyone else can so easily subvert it by using a third party to do his bidding.

President-Designate John Rudley

Fri, 1 Feb 2008 14:18:50 -0600

Many of you may have already heard that Dr. John Rudley as been selected as the sole finalist for the next president of Texas Southern University. I'm going to work very closely with President-Designate Rudley, just as I've worked with him as interim chancellor/president and vice president for administration and finance at the University of Houston. I believe he is a solid administrator and will do a good job; let's make sure we support his efforts.

Below are two Houston Chronicle articles about President-Designate Rudley. My goals are still, as they always have been, to protect the strength and independence of Texas Southern University.

New TSU President Rudley eager to start fixing troubled campus
Former point guard not accustomed to sitting on the bench and waiting

By MATTHEW TRESAUGUE
Copyright 2008 Houston Chronicle

John Rudley is not inclined to wait — especially not now, not with a thick binder labeled "Texas Southern University" on his desk and a call list that includes an adviser to Gov. Rick Perry and several potential employees.

So what if state law requires a 21-day waiting period before Rudley takes over as the next president at TSU? He's already at work on his new job from the office suite he still occupies as vice president for administration and finance at the University of Houston.

"I can't wait 21 days," Rudley said recently, a few days after regents named the tough-minded, bottom-line administrator as the only finalist for the presidency at the state's largest historically black university.

What's the rush? The high stakes are one reason. His personality is another.

TSU is at risk of losing accreditation because of its poor financial picture. Enrollment is at a five-year low. The graduation rate ranks among the nation's lowest.

The man barreling forward on these fronts and others is a former point guard who led his team to the NCAA tournament. He likes to set a fast pace and stick to an agenda.

As Rudley again takes the point, he understands there is much to do to fix the proud but chronically troubled university. His choices, from overhauling accounting practices to perhaps restricting admissions for the first time, could shape the school for decades to come.

"Once in a while, you're presented with the opportunity to do great things," Rudley said when asked why he would want to step into a situation that few others would touch. "I will be of more value at TSU than at the University of Houston."

Rudley is no rainmaker, no showman. He does not possess the camera-ready charisma of his predecessor, Priscilla Slade, who crisscrossed the globe in the name of TSU for six years before the regents fired her amid a spending scandal.

Those who know Rudley, 60, describe him as tough, smart and direct. When the search committee asked about TSU's long-standing promise to accept anyone who applies, he said the policy should be reconsidered if it impedes the university's progress. The reply troubled some committee members.

But his record of success swayed regents, who unanimously picked Rudley. He is expected to take the reins Feb. 8 after a 26-year climb up the administrative ladder.

History with TSU

Rudley is the son of a factory worker and the second of nine children. They lived in public housing, and folks around his blue-collar hometown of Benton Harbor, Mich., talked about getting jobs at General Motors or Whirlpool after high school.
Instead, Rudley attended the University of Toledo, where he started as a sophomore on the 1967 Mid-American Conference champion team that is considered the best in the school's history.

"I had teammates who were bigger and faster," said 5-foot-9-inch Rudley, who averaged 11 points per game over three seasons. "My job was always about showing them how to win."

Rudley could have played professionally, said his coach, Bob Nichols, but he had his sights set beyond one or two years in the NBA. He studied accounting, got his bachelor's degree and went to work at the firm Coopers & Lybrand. He later earned a master's degree and doctorate at Tennessee State University.

After eight years at accounting firms, he took a job at TSU as an assistant to the vice president for fiscal affairs in 1981. He became the school's chief financial officer three years later and established an accounting system that led to clean audits for the first time in several years.

He left for a similar job at the University of Tennessee at Chattanooga in 1987, then followed former Tennessee Gov. Lamar Alexander to the U.S. Department of Education in 1991. Alexander wanted him to create an accounting arm for the department.

Rudley succeeded despite some internal friction, carving a 22-person division out of a big bureaucracy. In his office, Rudley keeps a framed organizational chart, a well-thumbed copy of the department's first financial statement and a thank-you note from Alexander, now a Republican senator. "That job took blood, sweat and tears out of me," Rudley said.

Inspires loyalty

After the Democrats seized the White House in 1992, Rudley returned to UT-Chattanooga and later became vice chancellor for business and finance for the Tennessee Board of Regents, the sixth-largest higher education system in the country.
When UH called in 2002, he jumped at the opportunity to return to a campus. At UH, he is known for balanced budgets and on-time construction projects. He played a key role in developing plans for an ambitious makeover of the University Park campus, a few blocks from TSU.

At Rudley's urging, the plan calls for the campus to meld with the surrounding Third Ward while reducing blight and attracting retailers. Near campus, Scott Street is largely a landscape of carry-out joints, sagging apartments and vacant lots, not the vibrant strip of bars, bookstores and theaters sprouting around many universities.

"Before Dr. Rudley, UH turned its back to the Third Ward," said David Irvin, special assistant to the president at UH.

Irvin said Rudley inspires loyalty by listening and making everyone feel a part of big decisions.

"It's a wonderfully liberating way of working," said Irvin, who expects several people to follow Rudley from UH to TSU.

Explaining his approach, Rudley said, "I won't throw myself on the sword. Everyone must do their part. I'll delegate, and if you don't do your job, then that's when you'll be replaced."

Several other opportunities

Rudley isn't a workaholic but often works through lunch. He sometimes sneaks out for a mid-afternoon run to untangle his thoughts and tries to go home by 5:30 p.m. It's about being focused and efficient, he says.

His skills prompted the UH System's governing board to ask him to serve as interim chancellor and president in June after Jay Gogue abruptly left for Auburn University. The job came on the condition that Rudley wouldn't be considered for the permanent post: Regents didn't want anyone to question the interim's motives.

Rudley accepted, hoping the additional line to his résumé would lead to a presidency somewhere.

Search firms approached about university presidencies in California, Indiana and North Carolina, but the TSU job appealed to him, in part, because he could stay in Houston. His wife, Docia, teaches law at TSU but plans to leave, possibly for UH, once he moves into the president's suite.

Rudley hasn't laid out an explicit agenda so far but has said his first priority will be to rectify the issues raised by the regional accrediting body that recently put TSU on probation.

Rudley also must ease the concerns of state lawmakers, who are withholding nearly $40 million in supplemental funding over the next two years until TSU provides an acceptable rehabilitation plan.

"The politics of the situation are going to be difficult for Dr. Rudley," said state Rep. Garnet Coleman, a Houston Democrat whose district includes the 9,500-student campus. "But I think he can deal with it."

Search for TSU chief all but over
Regents name UH's Rudley as their sole finalist  Jan. 12, 2008
By MATTHEW TRESAUGUE Staff
Texas Southern University all but ended a 19-month search for a new president Friday, turning to a familiar face and known problem solver to rehabilitate the proud but chronically troubled school.
Regents voted 9-0 to name John Rudley, the University of Houston's interim president, as the sole finalist for the top job at Texas' largest historically black university. State law requires the governing board to wait 21 days before finalizing the appointment.
Glenn Lewis, the board's chairman, said Rudley emerged as the leading candidate because of his extensive background in higher education finance, edging former state lawmaker Anthony Hall, the city of Houston's chief administrative officer.
Both candidates had ideas for turning around the 9,500-student university, Lewis said, but Rudley "showed us that he has the ability to implement his vision. I think his résumé speaks for itself."
TSU has been without a permanent president since the board fired Priscilla Slade amid a spending scandal in June 2006. A hung jury in October spared Slade from a conviction on charges related to her use of school money for personal expenses, but her former chief financial officer, Quintin Wiggins, received a 10-year prison sentence in May for his role in the scandal.
Rudley's selection comes as he is about to end a seven-month stint as UH's interim president. Renu Khator, previously the second in command at the University of South Florida, is scheduled to take the reins Tuesday, with Rudley returning to his role of vice president for administration and finance.
Rudley, 60, is known as a no-nonsense numbers cruncher who has built his career on balanced budgets and on-time construction projects. He played a key role in developing the plans for an ambitious makeover of the University Park campus, a few blocks from TSU.
He served as TSU's chief financial officer and internal auditor during the 1980s and then worked in administrative posts for the U.S. Department of Education and the Tennessee Board of Regents, the nation's sixth-largest higher-education system.
Challenges await
Rudley received his bachelor's degree in business administration from the University of Toledo and master's and doctoral degrees from Tennessee State University.
His wife, Docia, is a professor at TSU's Thurgood Marshall School of Law.
"It is a singular honor to be selected as the next president of Texas Southern University, and it is one that I do not take lightly," Rudley said in a statement. "I am privileged to have the opportunity to return to this great institution."
The challenges facing Rudley include declining enrollment and low graduation rates. TSU's accrediting body, the Southern Association of Colleges and Schools, recently placed the university on probation, citing financial and managements issues that must be rectified within the next year.
TSU also is under intense scrutiny from state lawmakers, who are withholding nearly $40 million in supplemental funding over the next two years until the university provides an acceptable reorganization plan.
The proposed roadmap focuses mainly on management, recommending a series of tighter controls, including several continuous, scheduled reports and audits to the board. State lawmakers had raised doubts about implementation of the plan in the absence of a permanent president.
"We don't expect him to wave a magic wand," Lewis said of Rudley. "But we expect him to provide some direction and guidance."
Christopher LeBlanc, president of the TSU National Alumni Association, welcomed the selection.
"We've waited for this day," he said. "We're ready to move forward."
The university had suspended the search this year after Gov. Rick Perry decided to replace the entire nine-member governing board. The search resumed in September after Lewis added three regents to the advisory committee.
The committee, headed by Gerald Smith, chairman and chief executive officer of Houston investment firm Smith, Graham & Co., narrowed the field to Rudley and Hall last month.
Before the vote, James Douglas, a law professor and former president of TSU, endorsed Rudley, whom he called a personal friend.
"It's clear to me that we need someone who understands higher education and finance and has some experience at Texas Southern University," Douglas said. "This is a university that has a lot of potential. That's not to say that it won't be a challenge, but at the end of the day, there is potential for a lot of rewards."

Rep. Coleman Endorses Sen. Barack Obama

Wed, 30 Jan 2008 07:32:01 -0600

State Representative Garnet F. Coleman (D-Houston) released the following statement
today:

“I believe Barack Obama is the best person to move America forward. He brings
balance, maturity and a coalition of Americans, especially young people. I believe that
Barack Obama will lead America to its promise.”

Preserving our neighborhoods, needle exchange

Mon, 28 Jan 2008 07:23:22 -0600

• This Saturday Councilmembers Sue Lovell, Wanda Adams and I are co-hosting a community workshop with the City of Houston Planning and Development Department to inform our neighors of a tool that can establish a minimum building line and lot size requirement which can help preserve the character of our neighborhoods against efforts by developers to commercialize and gentrify these areas. It will be held this Saturday, February 2 at the Judson Robinson Jr. Community Center at 2020 Hermann Drive @ Almeda Road from 10am-12pm. I look forward to seeing you there.
• The Houston Chronicle has an editorial this morning on the need for the state of Texas to allow needle exchange programs. In 2005 I authored HB 2005 and this past session I joint-authored HB 1846 with Rep. Solomon Ortiz, Jr., both of which would allow local health authorities or organizations contracting with local health authorities to establish needle exchange programs; I intend to re-file this legislation next session. I also worked closely with Rep. Dianne Delisi, the chair of the Public Health Committee, in crafting an amendment she would accept from Rep. Ruth Jones McClendon that authorized a needle exchange pilot program in Bexar County, about which the Houston Chronicle's editorial opines. I agree with the editorial, which you can read below.

Needled to death
Texas needs to join the 49 states that offer drug addicts clean syringes to stop the spread of disease

This month, three Christian activists were arrested in San Antonio as they handed out clean syringes to, according to police, a group of "known prostitutes and drug addicts" in exchange for their used drug needles. Now, for their efforts to stop the spread of AIDS and hepatitis, the activists, including an elderly man and woman, are facing a year in prison.

The incident makes a a mockery of clear thinking in this state when it comes to containing infectious disease among intravenous drug users, the people who love them and even their babies: Texas is the one state in the union in which it is illegal to run a needle exchange program of any kind, even though such programs have been shown to reduce the spread of HIV infection and hepatitis.

According to information maintained on the Web site of the Centers for Disease Control, as of 2004, about one-fifth of all HIV infection and almost all hepatitis C infection are the result of injecting drugs with used needles. These viruses are then transmitted further via unprotected sex and sharing of contaminated needles. Pregnant women can transmit these diseases to their babies at birth or by breast-feeding.

Congress has for the past 20 years prohibited the use of federal funds to support sterile needle distribution programs of any kind — even though the U.S. government spends billions per year on global AIDS prevention. So it is up to the states to take on this important, life-saving work.

Texas has at least started down this road. Last year, lawmakers approved a pilot needle exchange program for Bexar County. Frustratingly, District Attorney Susan Reed is doing her best to thwart the effort. She made it plain to police and public health officials that her office will recognize no protection against criminal liability.

That stopped the pilot program cold. Now the county is awaiting an opinion on the matter from Texas Attorney General Greg Abbott.

Meanwhile, Bill Day, 73, Mary Casey, 67, and Melissa Lujan, 39, members of the nonprofit group Bexar Area Harm Reduction Coalition, first faced possession of drug paraphernalia charges, a Class C misdemeanor punishable by a fine of up to $500 after their Jan. 5 arrest. Reed now says she'll prosecute them for distribution of paraphernalia, a Class A misdemeanor punishable by up to a year in jail and fines up to $4,000.

That's an abusive use of her prosecutorial office. Reed might not care for needle exchange programs and all the good they can do in a community to reduce the spread of infectious disease. But overzealous prosecution of three people who clearly had no intention of profiting from the sale of drug paraphernalia is a gross misapplication of the law.

"These are enormously decent, charitable people, and what's happening with them smacks of persecution," Neel Lane, an attorney with Akin Gump Strauss Hauer & Feld, told the San Antonio Express-News. The prestigious law firm is defending the group at no cost.

Studies show that needle exchange programs are effective at controlling the spread of HIV and other blood-borne illnesses. And the programs provide intravenous drug users with access to HIV/AIDS counseling services and testing, substance abuse treatment and screening for tuberculosis, hepatitis and other infections.

The research also shows that, contrary to public perception, clean needle programs do not encourage drug use or trafficking. They save tax dollars that would otherwise go to treat people who become infected through sharing dirty needles.

Texas lawmakers should revisit this issue in the next legislative session. Texas needs a fully funded, statewide needle exchange program run by local public health officials. While they are at it, legislators should include in the bill clear language that protects clean needle providers from overly aggressive prosecutors.

Sims Bayou Project in the News

Fri, 25 Jan 2008 12:00:49 -0600

Early last year, Sen. Mario Gallegos and I were proud to help secure a $400,000 grant from Texas Parks and Wildlife to acquire, develop and improve land around Sims Woods Park, Sims Wood Conservation Area, and the Harris County Flood Control District along Sims Bayou. This week the Houston Parks Board announced it was using those funds to purchase "a 27.2-acre site on Sims Bayou for a public park that will be a key link in a chain of parks connected by a 14-mile hike-and-bike trail." Below is an article from the Houston Chronicle on the purchase, along with a press release Sen. Gallegos' and my office on the funds.
  
Houston buys 27.2 acres for Sims Bayou project
It'll be the center park of a 14-mile chain of seven

By MIKE SNYDER
Copyright 2008 Houston Chronicle

The Houston Parks Board has purchased a 27.2-acre site on Sims Bayou for a public park that will be a key link in a chain of parks connected by a 14-mile hike-and-bike trail.

The acquisition, announced this week, reflects a strategy by local park advocates of developing parks on flood-prone land along bayous and linking them with trails.

The new Robert C. Stuart Park in south-central Houston will be flanked by three existing city parks upstream and three others downstream.

The city of Houston and private organizations are working on plans for a trail linking all seven parks, mostly on right of way controlled by the Harris County Flood Control District.

Using a state grant and private funds, the Parks Board purchased the property for about $950,000, said its executive director, Roksan Okan-Vick. The seller, Francita Stuart Ulmer, donated about half the property's value in exchange for naming the park in honor of her father, the late Robert C. Stuart.

The land will be transferred to Houston's Parks and Recreation Department in the next few months, Okan-Vick said.

The city has received a $400,000 state grant to help pay for improvements including trails and recreation facilities and eventually a canoe and kayak-launching area.

The park also will serve as an outdoor classroom for nearby Hartman Middle School and other schools, Okan-Vick said.

The Stuart Park acquisition is particularly significant because the tract is one of the few remaining streamside forests in Houston, with an abundance of plants and wildlife, said Evelyn Merz, a co-founder of the Sims Bayou Coalition.

SENATOR MARIO GALLEGOS AND REP. GARNET COLEMAN ANNOUNCE AWARDING OF $400,000 FOR SIMS WOOD PARK
For Immediate Release
Tuesday, January 30, 2007

(Austin)-- State Senator Mario Gallegos, Jr. (Houston) and State Representative Garnet F. Coleman (Houston) announced the awarding of $400,000 for Sims Woods Park in southeast Houston. The funds, granted by the Texas Parks & Wildlife Department, will assist the City of Houston to acquire, develop, and improve land around Sims Woods Park, Sims Woods Conservation Area, and the Harris County Flood Control District along Sims Bayou.

"This park is essential for the people in the Southeast area of Houston," State Senator Gallegos said. "It will provide families with opportunities to enjoy the outdoors in first-class amenities while preserving the environment that is unique to Houston."

The $400,000 in matching funds will help develop nature trails, benches and picnic tables throughout the park, native landscaping, and numerous wildlife stations.

"These funds will help improve the quality of life for our community," Rep. Coleman said. "Increasing the green space in Houston gives our families an opportunity to come together to enjoy the outdoors."

The awarding of matching funds comes as a result of years of effort and work done by advocates for Houston's parks.

"These dollars will make a tremendous difference towards education the students in the area," Evelyn Merz, President of Sims Bayou Coalition. "There are ten elementary and middle schools within three miles of Sims Woods, and these parks will give those students in the community an opportunity to study in a natural area in their own neighborhood. This will be a wonderful natural area for the community."

Senator Gallegos Contact: Ruben Longoria (512) 463-0106
Rep. Coleman Contact: Ryan Goodland (713) 520-5355

MLK Day at Children’s Museum, Texas Lottery

Tue, 22 Jan 2008 21:29:37 -0600

Yesterday the Children's Museum of Houston and I hosted the 12th Annual Dr. Martin Luther King, Jr. Day Celebration. It was a great event, with musical performances from the choir of Lockhardt Elementary and Perri Jones of Dodson Elementary, along with MC duties from Harvey Pittman II from Lockhardt. There's an interactive slideshow with photos from the event which you can find below.
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This weekend the Houston Chronicle ran an editorial joining criticism of the Texas Lottery's growing reliance on addictive, high-priced scratch off tickets to increase revenue. The New York Times recently editorialized against these high-priced scratch off tickets (which you can read by clicking here), and both the Houston Chronicle and the New York Times have written articles about Texans who spend literally thousands of dollars every year on the lottery, many of whom are those who can least afford to do so. I am including the entire editorial below (which you can read at the Houston Chronicle's website by clicking here).

Scratch to lose
Texas should not be in the business of separating the poor from so much of their money.

For $1, any adult so inclined can buy one of this state's colorful scratch-off games and thrill to the chance of winning thousands. It's almost always a waste of a dollar, but if played only once in a while, it's an affordable pastime for even the poorest Texan.

That's not true of the Texas Lottery's $50 scratch-off game. It's inconceivable that this expensive card delivers 50 times the enjoyment of the cheaper ticket, even though the potential prizes are bigger. But the suffering that results from this much money thrown away is bound to be acute for families of limited means. And let's face it, the odds of winning anything at all are stacked profoundly against the player.

So why is the state of Texas, first in the nation to introduce a $50 game, in the business of selling such easy misery? Simple: $50 scratch-offs are an unusually efficient cash cow. They, along with games that sell for $10 or more, are extremely popular. The $50 game by itself has generated $137 million since its debut in May.

"The $50 ticket salvaged our entire fiscal year last year," Robert Tirloni, projects manager for the Texas Lottery Commission, told the Chronicle recently. It and other higher-priced games helped close a $93 million revenue gap at the agency between 2006 and 2007.

Now a Chronicle study comparing six months' worth of top-dollar scratch-off game sales by ZIP code to census data on household income shows that in Texas, the very poor are much more likely than the well-to-do to buy these scratch-offs — $50 tickets to missed utility payments and misspent rent money.

According to the analysis, $50 tickets are very popular in ZIP codes with incomes of just over $30,000 and in those with earnings upwards of $50,000-$60,000. What's really troubling is that the game's per capita sales were 22 percent higher in the state's poorest ZIP codes — those with median incomes of $20,000 or less — than they were in areas where the wealthiest Texans, with incomes of $90,000 or more, reside.

(Chronicle writers Lisa Sandberg and Chase Davis were quick to point out that it was impossible to derive a perfect correlation between income levels and lottery sale locations because people can buy lottery tickets in ZIP codes where they don't live.)

Lottery games, especially scratch-to-win games, draw in disproportionate numbers of minorities and the less-educated, exacerbating the financial woes faced by some people in these demographic groups. That's bad for Texas, home to higher-than-average poverty rates and residents suffering from a host of problems associated with having too little: communities of dense poverty, high rates of hunger, low educational attainment and far too many going without health insurance.

A lottery that preys upon those least able to afford it poses the question of why Texas is in the business of separating so many of its impoverished residents from what little cash they have. Lottery games that promise huge windfalls at astronomical odds for hefty up-front prices lure the desperate. Yet the state is notoriously stingy when it comes to providing aid to the vulnerable poor in the form of publicly funded mental health care, programs for the elderly impoverished and medical services for uninsured children.

Texas Lottery Commission spokesman Robert Heith defended the games as voluntary, noting they are meant to entertain. Whether they cause harm is not the lottery's concern, Heith added. The agency's single-minded mission is generating revenue, including more than $1 billion (out of $3.8 billion raised from lottery sales) for public education.

Heith is right. His job is to figure out how to keep Texans interested in throwing their money away on lottery tickets of all kinds, including Lotto Texas and Mega Millions games. That's been a challenge in some years in which interest in the games has fallen sharply. The $50 game is merely the latest in a series of moves to stoke the public's fickle, wavering interest.

Lottery agencies constantly have to raise the stakes to maintain interest each time residents realize that the latest twist on the premise still leads only to lost bets. Last year, the state conducted a study to test the viability of a $100 instant-win game.

The money impoverished players squander on overpriced lottery games could be better spent on necessities or saved. Instead, high-priced scratch-offs tend to stoke gambling addictions. But though the state spends $33 million a year promoting these reckless diversions, the state dropped funding for programs to help problem gamblers.

That's why state lawmakers should look more closely at the petty gambling behemoth voters approved in 1991.

State Rep. Garnet Coleman, whose district The New York Times reported has the highest rate of lottery spending in the Houston area, has the right take on the matter. He says Texas should get rid of the highest-price lures for instant gratification.

"If people want to play," Coleman told The Times, "they're better off buying a dollar ticket and calling it a day."

Jessica Farrar: Fighting for GLBT Texans

Tue, 8 Jan 2008 18:38:30 -0600

Jessica Farrar has been a tireless advocate for GLBT Texans in the Texas Legislature. With the forces of Tom Craddick working against her in the primary this spring, I am asking you to help her continue to work for equality and fairness in the Texas Legislature.
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For the past fourteen years, Representative Farrar has been a champion for GLBT Texans. Serving on the State Affairs committee, she worked to kill legislation preventing GLBT couples from serving as foster parents or adopting children. In 2003, she was one of only thirteen members to vote against Texas' Defense of Marriage Act, and in 2005 she was an outspoken opponent both in committee and on the House floor against the constitutional amendment banning same-sex marriage and civil unions in Texas. She has authored legislation banning discrimination against GLBT Texans in the workplace and against GLBT students in public schools.

We're lucky to have Jessica in the Texas House, and we need your help to keep her there. Click the button below to make a contribution today to Rep. Farrar's campaign.

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If you can't give financially, then please consider giving your time to Representative Farrar's campaign and volunteering. Contact Randall Ellis at 832-797-6416 or e-mail him at randallkellis@yahoo.com for more information.

A Lottery Boon Raises Concerns

Mon, 31 Dec 2007 18:43:43 -0600

I hope you are having a happy holiday season. A few days ago the New York Times ran an article (for which I was interviewed) on lotteries across the country and their increasing reliance on high-priced scratch off tickets to raise revenue. For your information, I'm including the story below.

December 27, 2007
Behind the Jackpot
The $50 Ticket: A Lottery Boon Raises Concern
By NELSON D. SCHWARTZ
With the popularity of traditional lotteries waning across the country, many states are turning to instant games priced at $20, $30 and as high as $50 to lure new players and raise revenue.
Scratch-off tickets, for example, now account for more than 75 percent of lottery sales in Texas, which this year became the first state to introduce a $50 scratch-off game.
But critics in Texas and elsewhere say games promising this kind of instant gratification are more likely to contribute to the kind of problem gambling that is usually associated with fast-paced casino betting, and they are now trying to limit them.
They say the games take particular advantage of the most vulnerable members of society, including the poor and members of minority groups.
"Scratch-off tickets are to the lottery what crack is to cocaine," said State Senator Eliot Shapleigh, a Democrat who represents El Paso.
In Massachusetts, a third of the calls to the state's 24-hour gambling addiction hot line come from lottery players, the majority of whom play instant games, according to Margot Cahoon, a spokeswoman for the state's Council on Compulsive Gambling.
Industry leaders agree that the future of the lottery business now depends on instant games with bigger prizes. The $50 Texas game, for example, offers thousands of instant prizes ranging from $50 to $50,000, with a few exceptional prizes as high as $5 million. But they say the games are not aimed at compulsive gamblers and are not intended to be addictive.
"It used to be lotteries would offer $1, $2 and $5 tickets but the growth is in $10 and $20," said Ernest L. Passailaigue, director of the South Carolina lottery and president of the North American Association of State and Provincial Lotteries.
The higher value games certainly appeal to people like Larry Hardy, who nearly every day walks from his central Houston rooming house to a nearby Chevron station to work odd jobs and buy scratch-off lottery tickets.
He has won $200 several times with a game called "Break the Bank," but Mr. Hardy, who relies on $600 a month in federal disability payments to support himself, still spends $30 to $40 a week on the elusive dream of hitting it big.
"I feel at times I shouldn't play again," Mr. Hardy said, "but the reason I play is I really need $20, $30, $40 or maybe $50."
States are now considering even more potentially addictive offerings. A Florida government report this year on how to enhance lottery revenue suggested that the introduction of video lottery terminals there could raise more than $1 billion a year. But the report acknowledged these games "are considered to be more addictive than traditional lottery games and could contribute to a problem of pathological gambling."
Just who plays the lottery — and how much — has always been a contentious issue. As lotteries have expanded their offerings, most states have emphasized statistics showing overall participation in any type of game, which typically matches the demographics of the population.
Academic experts on the lottery, however, say this kind of analysis is misleading because it does not make a distinction between those who play once or twice a year players and daily or weekly bettors.
"Surveys usually stop with the question: ‘Have you played in the last month?"' said Philip J. Cook, a professor of public policy at Duke University. "They don't plumb the questions about depth of play, which the lotteries have chosen to obfuscate because they see themselves as vulnerable on this issue politically."
The introduction of the $50 ticket in Texas — and evidence that blacks and Hispanics individually spend much more than whites on the lottery — has spurred criticism from legislators in heavily minority neighborhoods, like the one in Houston where Mr. Hardy lives.
"I didn't think I'd be this concerned but it's harming people," said Garnet Coleman, a Democrat who represents a majority black district in Houston in the state legislature. "When I go to get a pack of cigarettes or a soda I'm in line behind people playing the lottery. They're not buying one ticket or five tickets. They're buying $50 or $75 worth and this is in my district, which is limited-income."
Unlike most states, Texas is required by law to provide detailed demographic information on lottery participation — data that backs up Mr. Coleman's argument. In 2006, according to a University of North Texas survey commissioned by state lottery officials, the typical black player spent $70 a month on the lottery, compared with $47 for Hispanics and $20 for whites.
The demographic differences were especially sharp when it came to scratch-offs. Players with a high school degree or less typically buy $20 a month worth of scratch-off tickets, compared with $10 for college graduates. Similarly, players with an annual income of less than $12,000 spent 33 percent more a month than those with incomes above $100,000.
Mr. Passailaigue, the president of the state lotteries association, does not dispute that certain games appeal more to minorities and low-income people but he said these groups were not being singled out and the trend should not worry state lottery officials.
"It's more cultural in nature," he said. "Some people think it's O.K. to go and play golf and bet on each hole."
While golfers might have more disposable income than many scratch-off bettors, Mr. Passailaigue argued the reality was, "Culturally, people have experienced different ways not only to amuse themselves but to gamble. It's been that way for a long time in this country."
Whatever the reasons, state lottery officials and the companies they hire to run the games appear to be concentrating on the heaviest players.
The Scientific Games Corporation, which dominates the scratch-off market and counts states like Texas and Massachusetts as clients, advises lottery managers to increase jackpots to lure players, according to a report supplied by the company to the Texas Lottery Commission and obtained by The New York Times under an Open Records Act request.
"But like any ‘tool,' an increased payout is only useful when used in the right way," the report cautions. Describing what it calls ‘‘chatter," or midsize prizes, Scientific Games concludes, "Better to increase the number of chatter prizes in a game aimed at heavy players so that they see more of the prizes they are playing for and will communicate their excitement to others, creating a buzz for the game."
This approach seems to be working. In Massachusetts, which Mr. Passailaigue considers a forerunner in developing higher-priced tickets with bigger payouts, 70 percent of the state lottery's $4.6 billion in revenue comes from instant games.
In Texas, the $50 scratch-off was introduced after higher-value denominations of $20, $25 and $30 proved popular. The success of these and other instant games helped the state increase total lottery sales in four of the last five years.
Meanwhile, the popularity of its more traditional lotto offerings has sagged and the percentage of Texans playing any game has fallen from 70 percent a decade ago to about half today. Lottery officials in Texas credit the rapid success of the $50 game, introduced in May, with helping it avoid a sharp drop in sales during the 2007 fiscal year. For the $50 game, the odds range from 1 in 6.67 for a $50 prize to 1 in 1.2 million for the top $5 million jackpot.
As for the criticism from legislators and others that such games appeal most to compulsive gamblers or low-income players, a spokesman for the Texas Lottery Commission, Bobby Heith, said, "We value and respect those concerns very much but our job is to run the lottery, to generate as much revenue as possible, as responsibly as possible."
In Texas, urban liberal Democratic politicians like Mr. Coleman and Mr. Shapleigh of El Paso now find themselves aligned with the Christian Life Commission, the public policy division of the Baptist General Convention of Texas, as well as traditional conservatives like Robert F. Deuell, a Republican state senator from the suburbs east of Dallas. Four years ago, the Baptist group hired a former state lottery official to crunch the numbers and prepare reports intended for urban Democratic officeholders that detailed the high rate of play in their districts.
"We use the facts that are the most persuasive," said Suzii Paynter, executive director of the advocacy group. "If it's just a religious argument, people can pat you on the head."
Mr. Deuell has opposed the lottery since he took office in 2003, but research from the anti-gambling group played an important role in Mr. Coleman's change of heart, whose district has the highest rate of lottery spending in the Houston area. His constituents spend about 3 percent of their income on games, according to the anti-gambling group's research.
"Ten years ago, I wasn't opposed to the lottery," Mr. Coleman said. "This has really made me take a second look at whether the state should be in the gaming business."¶
The Baptist group has been fighting the lottery ever since it was introduced in Texas in 1991 by Ann Richards, then the Democratic governor, and Ms. Paynter concedes the lottery will not be abolished overnight. "It's a long fight, and a hungry industry," she said.
Mr. Coleman does not support shutting down the Texas Lottery. But he shares Ms. Paynter's goal of eliminating the $50 scratch-off and similarly priced instant games. "If people want to play," Mr. Coleman said, "they're better off buying a dollar ticket and calling it a day."
Ron Nixon in Washington and Thayer Evans in Houston contributed reporting.

Chron story on search for TSU president

Fri, 21 Dec 2007 18:45:19 -0600

Today the Houston Chronicle ran a story on the search for a new president at Texas Southern University. To expand on my quote from the story, I believe the sooner a permanent president gets on the ground, the better off the school will be. The unfortunate reality is that there are some people in Austin looking for an excuse to make drastic changes at TSU that will ultimately hurt the school rather than help it. It is important that we all work to make sure TSU is operating above the standard levels of academics and administration before the start of the 81st Legislative Session in 2009.

Three on inside track to TSU presidency
UH's Rudley, 2 others thought to be on search panel's short list

By MATTHEW TRESAUGUE
Copyright 2007 Houston Chronicle

The search for Texas Southern University's next president is drawing to a close, although the selection could not come soon enough for some state lawmakers.
The university's governing board will receive a recommendation from an advisory search committee at a specially called meeting today — more than 18 months after the firing of former President Priscilla Slade.
Although the regents could act immediately upon the recommendation, it's likely that they will wait before making a decision because not all of them will attend the meeting, said Glenn Lewis, the board's chairman.
The short list of candidates, according to people familiar with the search process, includes interim University of Houston President John Rudley; the city of Houston's chief administrative officer, Anthony Hall; and Ivory Nelson, a former Texas A&M University System administrator who now leads Lincoln University in Pennsylvania.
It's unclear how many candidates the committee will recommend to the board.
Lewis declined to comment on the candidates but previously praised Rudley, who served as TSU's chief financial officer and internal auditor during the 1980s. He said the board needs to make a decision soon but cannot afford to make the wrong one.
"It needed to be done yesterday," Lewis said.
The board is under pressure to move quickly to the fill the position, which has been vacant since the firing of Slade in June 2006 amid a spending scandal. A hung jury recently spared Slade of a criminal conviction on charges related to her use of school money for personal expenses, but her former chief financial officer, Quintin Wiggins, received a 10-year jail sentence for his role in the scandal.
TSU is at risk of losing accreditation if campus leaders do not rectify a series of financial and management issues within a year. The Southern Association of Colleges and Schools placed the state's largest historically black university on probation last week because of the school's poor financial picture.
"I would hope that a decision be made and a new president on campus by the beginning of next semester," said state Rep. Garnet Coleman, a Houston Democrat whose district includes the 9,500-student campus. "If not, it's a big problem."
The spring semester begins next month.
State Sen. Steve Ogden, a Bryan Republican, recently wrote the regents, raising doubts about their ability to turn around the chronically troubled school without a permanent president.
The letter came in response to a sweeping reorganization plan that the regents submitted in October to the legislative budget board, of which Ogden is a member.
The proposal calls for top-to-bottom changes, including greater oversight from regents, tighter controls over spending and the involvement of outsiders in academic and financial matters. If the plan is approved by lawmakers, the state would provide nearly $40 million in supplemental funding over the next two years.
"Without a permanent president," Ogden wrote, "I believe it will be nearly impossible to get anything done."
The university had suspended the search this year after Gov. Rick Perry decided to replace the entire nine-member governing board. The search resumed in September after Lewis added three regents to the advisory committee, which includes alumni, faculty and community members and students.
The committee, headed by Gerald Smith, chairman and CEO of Houston investment firm Smith, Graham & Co., had narrowed the field of candidates to 18 names in November but accepted applications and nominations through last Friday.
Rudley will be the interim president at the University of Houston until Renu Khator, formerly the second in command at the University of South Florida, takes over the reins next month. Rudley is expected to return to his role of vice president for administration and finance.
Hall, a TSU-trained attorney who oversees the day-to-day operations of the city, is a former City Council member and state representative. He also recently served with Lewis on Perry's blue-ribbon committee on the future of the university.
Nelson, a noted chemist, served one year as acting president of Prairie View A&M University and six years in the top job at the Alamo Community College District in San Antonio. He has been president of the historically black Lincoln since 1999.
If the regents do name finalists today, state law requires them to wait 21 days before voting on the appointment.

Number 71: State Rep. Dan Barrett (D-Fort Worth)

Wed, 19 Dec 2007 18:46:42 -0600

Representative Jim Dunnam, the House Democratic Caucus chair, sent this e-mail out recently to Democratic members about Dan Barrett's election yesterday. I thought you might find it enlightening.

Number 71: State Rep. Dan Barrett (D-Fort Worth)

In case you've missed the morning news, Democrat Dan Barrett of Fort Worth won Tuesday's special election runoff to take Republican Anna Mowery's place in the Texas House. There are now 71 members of the House Democratic Caucus.

To all of you who helped out in the race, thank you. Particular thanks to Rep. Barrett's Democratic colleagues in Tarrant County, Representatives Burnam, Veasey and Pierson. And to everyone in our caucus, please take time to give Dan a call, and welcome him to the Texas House of Representatives and our family.

Looking at some real numbers, House District 97 has been Republican territory for three decades. John Kerry received only 35.8 percent in the district in 2004. Even the strong performance of Moody in the 2006 Supreme Court race was only 43.1 percent. Not one pundit or "expert" predicted anything but a Republican landslide for Mark Shelton, the GOP's nominee.

So what happened?

First and foremost, Rep. Barrett was a great candidate who worked very hard. At the end of the day, a good candidate is the best ingredient for success. Dan won both the early vote and the election-day vote. He was outspent by a wide margin, but his campaign was organized and properly (albeit not lavishly) funded, and his message was right. Dan could not have won without the overwhelming vote of independent voters, and the trends in Dan's district reinforce what we have seen elsewhere in Texas for the last several cycles—Texans are sick and tired of what Republican leaders in the state are doing.

It would be putting blinders on to ignore the impact of Tom Craddick on the Barrett victory.

Craddick was in all the way in the race. Tom's original anointed candidate, Craig Goldman, widely touted his allegiance to Craddick during the race. Goldman ended up coming in fourth in the November special election.

What we know now is that at some point prior to the November vote, Craddick jettisoned Goldman because of real fears that Goldman was not performing well and anointed Mark Shelton as his new, favored candidate. Shelton kept his pledge to Craddick pretty low key, while Craddick quietly turned on the funding spigot for Shelton. Shelton ended up coming in second behind Barrett to advance to the runoff.

Because of campaign filings and the press spotlight, Shelton could not hide his Craddick pledge or his Craddick support in the runoff, and both the pledge and the support became an issue in the race. One of Dan Barrett's mail pieces made the choice very clear, stating "Since Mark Shelton already gave his vote to Craddick, why should you give your vote to Shelton?" Clearly this message resonated with the voters, with Barrett improving his 32 percent in November to over 52 percent last night.

In January 2003, we stood at 62 House Democrats and Craddick predicted there would be up to 98 Republicans within the next several election cycles.

In January 2005, after George W. Bush's last time on a Texas ballot, we improved to 63.

In January 2007, we weighed in at 69 members.

Three months ago, we welcomed Kirk England to our party and stood at 70 members.

Today, thanks to our faith in one another, our commitment to the best interests of our constituents and our working together, we are 71 strong.

Make no mistake, we did not get here by accident—it has been work (hard work)—and it will be a lot more hard work in the months to come.

Last week ended with Tom Craddick clinging on to some supposed victory in Greg Abbott's opinion/non-opinion of Craddick's "absolute power." But something interesting happened—no matter how much politicians might mess things up, the voters can be counted on to right wrongs. Just as Hugo Chavez recently learned from voters that his claim to absolute power might be a bit premature, so too have the voters sent Tom Craddick a message.

What is interesting about the Barrett race? Not only can you win a race by running against Tom Craddick, but it also might be the smartest way to win. Because then, all Texans end up winning.

Texas Progressive Alliance 2007 Texans of the Year

Fri, 14 Dec 2007 18:49:09 -0600

Today the Texas Progressive Alliance, a group of progressive bloggers from around the state, named Representative Jim Dunnam, Representative Pete Gallego and myself as the 2007 Texans of the Year.

As the Democratic leadership for the Texas House of Representatives, it's a true honor to be recognized with my colleagues for our work last session and the past four years. I promise we will continue working for open, democratic, and progressive governance in our state.

The Texas Progressive Alliance is proud to announce the House Leadership team of State Rep. Jim Dunnam, State Rep. Garnet Coleman, and State Rep. Pete Gallego as our 2007 recipients of the Texan of the Year award.

There may not be another three individuals who have done more for Democrats in the state of Texas over the past four years than Rep. Jim Dunnam, Rep. Pete Gallego and Rep. Garnet Coleman. Together, they have led the fight for the resurgence of the Texas Democratic Party. Every day is another story. They fought through the 2006 elections, and then they fought for the months leading up to the first day of session. They led the fight against Speaker Craddick in the final days of the session, and are now poised to add to the Democratic gains in the House as they continue their roles as Co-Chairs of the House Democratic Campaign Committee.

Their work together is imperative to the continued progress of Democrats in Texas, but it's their individual efforts that really demonstrate how this leadership team makes the best of one another for the good of all Texans. Here is a brief highlight of what each of these leaders did over the past year:

State Rep. Jim Dunnam

In 2003, we had a mere 62 members in the House in 2003. Today, there are 70, including State Rep. Kirk England who announced his intentions to switch parties and run as a Democrat next cycle. In only 5 years, there was full frontal attack on Speaker Craddick's ability to lead, launched by one question by the Waco Democrat: "Mr. Speaker, what is the process of removing the Speaker of the Texas House?" His mastery of the House rules is incredible to watch.

During the 80th Regular Session, Rep. Jim Dunnam led efforts to clean up the mess Governor Perry and the Republican leadership made at the Texas Youth Commission. He worked with Rep. Coleman and Rep. Gallego to lead the fight against expanding new tax cuts for the richest 10% of Texans at the expense of health care and education opportunities for Texas families. He passed numerous bills for his district, but he will forever be remembered for the efforts he made on the House floor, challenging the absolute power of Speaker Craddick.

State Rep. Garnet Coleman

Rep. Garnet Coleman is one of the most progressive members of the Texas House. Rep. Coleman filed over sixty piece of legislation, including (1) legislation end tuition deregulation, (2) legislation to overturn the ban on gay marriage, (3) legislation to prevent the construction of any new toll roads anywhere in the state of Texas. But beyond these strong policy positions, he successfully passed legislation to expand health care opportunities for former foster children and double the funding for cancer research. He continued his fight to fully restore CHIP — an effort he's worked for ever since Speaker Craddick and his allies cut hundreds of thousands of kids off of health care since 2003.

Beyond his legislative work, Rep. Coleman is the top fundraiser for Texas Democrats, and is well-known for his non-stop efforts in supporting House Democrats across the state. He chairs the Legislative Study Group, which received a Silver Star award from the TPA for its incredible policy work.

State Rep. Pete Gallego

Rep. Pete Gallego is the chair of of the largest bipartisan legislative caucus in the Texas House– the Mexican American Legislative Caucus. He also sits on the national board of NALEO. He was a top lieutenant for Speaker Pete Laney, and his trust from that better time in the Texas House allows him to remain as one of the most trusted members in the Texas House.

His policy issues are far-reaching, and can range from helping protect our state's natural resources to preventing those horrid voter ID bills behind the scenes. Rep. Gallego also helped temper some of the more controversial issues of the session, including immigration and security.

Rep. Gallego often makes waves quietly inside the Capitol, but his efforts help thousands of Texans from all walks of life. Together, Rep. Gallego, Rep. Dunnam, and Rep. Coleman are extremely deserving for our 2007 Texan of the Year award.

Herrero, Ortiz, Jr. to Host Hearing on Corpus Christi State School

Tue, 28 Aug 2007 08:49:44 -0500

Today, State Representatives Abel Herrero (D-Robstown) and Solomon Ortiz, Jr. (D-Corpus Christi) announced they will host a public hearing on incidents and issues related to the Corpus Christi State School. Numerous cases of abuse, exploitation, and neglect are alleged to have occurred at the school, a residential facility for people with mental retardation/developmental disabilities.
"We cannot wait for the next legislative session to address these issues," Rep. Herrero said. "State school clients and their families need assurances now that conditions at the state school will improve."
Representatives Herrero and Ortiz have put pressure on state agency officials to improve conditions at the school and have called on legislative leaders to explore possible reforms.
"The purpose of the hearing is to get at the root of the problems at the state school," Rep. Ortiz said. "We must make sure the state is living up to its obligation to treat people with disabilities with dignity and respect."
The hearing will be sponsored by the Legislative Study Group, a caucus of the Texas House of Representatives chaired by Representative Garnet Coleman (D-Houston).
"I commend Representatives Herrero and Ortiz for taking on this very important issue," Coleman said. "It's imperative to stand up for the residents of our state schools and start finding ways to improve the system."
The hearing will begin at 9:00am on Wednesday, September 5th, at City Council Chambers in the Corpus Christi City Hall, located at 1201 Leopard Street.
State agency officials, advocates, community members, state school employees, clients and their families are invited to testify at the hearing. To arrange to testify at the hearing, please contact Rep. Herrero's office at (361) 882-2277 or Rep. Ortiz's office at (361) 991-0047.

Bush Administration Rules Harm Efforts to Insure Children

Tue, 21 Aug 2007 08:43:24 -0500

Last month both houses of Congress passed a reauthorization and expansion of the State Children's Health Insurance Program (SCHIP), the joint state-federal program that provides health insurance for millions of children whose parents make too much to qualify for Medicaid but can't afford private insurance.

Congress comes back from its August recess September 4 to meet in a conference committee to iron out the differences between the House and Senate versions of the bill. (For an excellent elaboration on the differences between the two bills and what makes a good SCHIP reauthorization bill, click here to read a thorough policy paper from the Center for Public Policy Priorities).

Yet Congress' progress is imperiled by a veto threat from President Bush, and today the New York Times reports that the Bush administration is implementing new rules that will stifle efforts to insure more children in this country ( click here to read the article from the New York Times). Those rules include:

• Imposing waiting periods for enrollment (like the 90-day waiting period the Texas Legislature eliminated this past session)
• Requiring states to cover 95% of children at or below 200% of the poverty level before allowing them to enroll children above 250% of the poverty level
• Charging co-payments and premiums that approximate the cost of private health insurance coverage
You can read the letter from the Center for Medicaid and State Operations outlining the new rules by clicking here.

No state has met the standard of covering 95% of children at or below 200% of the poverty level, so that rule effectively bars states (including Texas) from ever expanding their CHIP programs to cover children above 250% of the poverty level. Additionally, Texas has had such a terrible experience with its 90 day waiting period that it eliminated it in HB 109 this past session. Why would we impose on the nation something that clearly hasn't worked in Texas?

It's important to stay in touch with your member of Congress on this issue. Click here to find your member of Congress, and tell him/her that nothing should stand in the way between our children and the health coverage they deserve.

I promise to keep you up to date on this issue. As always, please don't hesitate to contact my office with any questions or comments by responding to this e-mail or calling 713-520-5355.

Sincerely,

SCHIP’s Fate Rests in Washington

Tue, 24 Jul 2007 08:39:58 -0500

This past week I was honored to have been named one of Children at Risk's Legislators of the Year for work my office has done on the Children's Health Insurance Program (CHIP). Dr. Jeffrey Starke, chair of the board at Children at Risk and Chief of Pediatrics at Ben Taub Hospital, was kind enough to recognize me as "the father of CHIP in the state of Texas." It's because of the vigorous advocacy of groups like Children at Risk (whose website you can visit by clicking here) that we were able to partially restore CHIP in the legislature this past session. But we still have a long way to go to insuring every child in Texas, and right now the cause of children's health care faces a grave threat in Washington D.C.

That's because President Bush has threatened to veto a bipartisan reauthorization and expansion of the State Children's Health Insurance Program currently before Congress. Since 1997, SCHIP has provided health insurance for millions of children whose families make too much to qualify for Medicaid yet can't afford their own private coverage.

My office has spent the last few weeks sending letters to members of Congress about why it's so important they reauthorize and expand SCHIP. President Bush and members of Congress need to hear from you that any nation that places war over the health of our children has some seriously flawed priorities. Your telephone calls can make the difference in ensuring that millions of children have the health insurance they deserve.

• Call President Bush today (White House Comments Line: 202-456-1111) and tell him to support children's health care and to sign an expansion of the State Children's Health Insurance Program.
• Find your member of Congress by clicking here, and tell him/her to vote for an expansion of the States Children's Health Insurance Program and to override any presidential veto.

The health of millions of children in this country depends on it.

Rep. Coleman Urges Congress to Maintain Federal Funding for CHIP

Tue, 26 Jun 2007 10:47:57 -0500

(Austin)--State Representative Garnet F. Coleman (D-Houston) sent a letter to each and every member of the Texas Congressional delegation this week urging them to support Senate Bill 1224, which will reauthorize CHIP in a manner that best helps Texas provide coverage to the hundreds of thousands of children that are eligible for CHIP.

"This legislation is key to the continued efforts to fully restore CHIP in Texas," Rep. Coleman said. "Currently, more than 9 million children in America are uninsured, including one out of every five Texas children. Despite our recent shortcomings, we need Congress to look favorably on the state of Texas when they appropriate the federal funds or else more and more Texas children will lose their health coverage."

Texas has 1.3 million uninsured children -- more than any other state in the nation. At least 600,000-700,000 of those uninsured children would be eligible for CHIP, possibly more.

"Even with HB 109, Texas would still be enrolling 200,000 to 300,000 fewer children in CHIP than are eligible for the program," Rep. Coleman said. "My concern is that Congress will look at Texas' inaction and disinterest over the past four years and not allocate enough dollars to Texas to ensure we can fully restore CHIP in the coming years."

Over the past years, Texas has lost $913.4 million in federal matching funds for CHIP to other states because of the Texas Legislature's inability to enroll every eligible child in CHIP. Over 500,000 children were enrolled in CHIP in 2003, and despite recent efforts made by the Texas Legislature, over 100,000 fewer children would be enrolled in CHIP in 2009 than were enrolled in 2003.

"Many Texas lawmakers thought passing HB 109 was enough -- that we could go home to our districts and tell everyone, 'we fixed CHIP,' " Rep. Coleman said. "But the fight to fully restore CHIP didn't end at the end of our session. It requires constant vigilance, and I will continue to do everything in my power to support the children of Texas year-round. I believe our work isn't over until our state laws match federal guidelines to ensure every eligible child is enrolled in CHIP."

TXU, KKR to Cut Utility Rates by 15%, Place Summer Moratorium on Disconnecting Senior & Low-Income Consumers

Fri, 8 Jun 2007 15:46:02 -0500

State Representative Garnet F. Coleman (D-Houston) announced that TXU/KKR will cut utility rates by 15% throughout the state over the summer months. In addition, TXU will place a summer moratorium on disconnecting electricity from senior and low-income consumers.

"Rep. Jim Dunnam, Rep. Rene Oliveira, myself and others worked very hard to ensure TXU provided much needed utility relief for Texas consumers," Rep. Coleman said. "As a result, this summer TXU customers will have their utility rates cut by 15%, and no senior or low-income consumer will be without air conditioning during the hot months ahead."

TXU/KKR had previously announced that they would cut utility rates by 10%. That will now be increased to 15%. The 15% rate cut is expected to provide a total savings of approximately $395 for the average single-family household.

According to a press release from TXU:

"Of that rate cut, six percent was delivered in March and four percent was to be delivered upon the close of the merger, which is expected late this year. Instead, these residential customers will now receive the full 10 percent price cut in early June and receive an additional 5 percent when the transaction closes, bringing the total price cut to 15 percent."

During debate on Senate Bill 482, Rep. Coleman & Rep. Rene Oliveira passed an amendment to the budget that would have cut electricity rates throughout Texas by 15%. However, the amendment was stripped when the bill went to conference committee, along with an amendment by Rep. Coleman & Rep. Jim Dunnam to increase emissions standards across the state.

"I'm pleased to see TXU has adopted the 15% cut that was in my amendment, even though the legislation did not pass," Rep. Coleman said.

Throughout the session, Rep. Coleman promised to fight for lower utility rates for Texas' utility consumers. The announcement by TXU is the first result of the efforts by Rep. Coleman and others. Rep. Coleman is drafting a letter to the Public Utility Commission (PUC) urging the PUC to adopt emergency rules requiring other utility companies to follow TXU's lead.

"I'm hopeful that all energy providers across Texas follow TXU's lead, and I am working closely with the PUC to ensure that happens," Rep. Coleman said.

The following are the details of the TXU announcement:

1.      If a consumer is low-income or at least 62 years of age, TXU will not disconnect electric service. Those customers may instead enter into a deferred payment plan where the customer may pay as little as 25 percent of the current electric charges each month.

2.      If a consumer is low-income and at least 62 years of age, TXU will not disconnect electric service. Those customers may instead enter into a deferred payment plan where the customer may pay as little as 25 percent of the monthly electric charges. Payments would not begin until October 1, 2007 -- mirroring what was done in the summer of 2006.

3.      Any customer designated as critical care will not be disconnected for non-payment.

4.      TXU will waive deposits for low-income residential customers who are at least 62 years of age and for residential customers with an electric bill payment history showing no more than one late payment during the prior 12 month period.

5.      TXU will not charge a penalty to any residential customer for requesting cancellation of a month-to-month retail electric service plan.

5,193 Fewer Children Receive Coverage Under CHIP in June

Fri, 8 Jun 2007 14:42:49 -0500

State Representative Garnet F. Coleman (D-Houston) announced that 5,193 lost their health coverage under the Children's Health Insurance Program in June, according to today's reports from the Texas Health and Human Services Commission (HHSC). Since March 2007, 24,295 have lost CHIP coverage.

"The continued decline in enrollment only reinforces the fact we must completely restore the CHIP program," Rep. Coleman said. "During the previous session, we partially restored the CHIP program, but we didn't do nearly enough."

During the recently completed 80th Regular Session, the Legislature completed two steps towards restoring CHIP coverage:

1. Rep. Coleman placed a rider on the state budget that removes significant administrative barriers -- "red tape policies" -- HHSC has previously adopted that were making it more difficult for children to receive CHIP coverage.

2. House Bill 109, by Rep. Sylvester Turner, restored some of the cuts to CHIP. Most significantly, it extended the renewal coverage from six months to twelve months for all families whose income is between 100-185% of the Federal Poverty Level. According to the Legislative Budget Board fiscal note on HB 109, the bill should add approximately 100,000 children to CHIP.

"The efforts made by Rep. Turner, myself, and other lawmakers will get us about halfway to where we were in 2003, but that's not good enough," Rep. Coleman said. "We will still have over 100,000 fewer children enrolled in CHIP in the coming months than we did four years ago. We can't continue playing catch-up with the past and calling it a day. Our work is not completed until every single child eligible for CHIP receives the health coverage they deserve."

Rep. Coleman: Ron Wilson Has Yet to Address Ethics Complaints

Mon, 4 Jun 2007 13:12:25 -0500

State Representative Garnet F. Coleman (D-Houston) announced that Speaker Tom Craddick's Assistant Parliamentarian Ron Wilson has yet to address the ethics complaints that were filed against him over the previous week. Rep. Coleman has yet to hear anything official from the Texas Ethics Commission or the Office of the Attorney General concerning possible ethics violations by Mr. Wilson.

"As we've tried to get information about Mr. Wilson's ethics, we are being stonewalled by the Texas Ethics Commission and the Office of the Attorney General," Rep. Coleman said. "To the best of our understanding, Mr. Wilson has yet to pay $3,800 to the Ethics Commission. After a week's time, we still have no official response from the agency."

In 2004, former State Representative Ron Wilson was fined $8,300 for ethics violations. Upon the matter being taken up with the Collections division of the Office of the Attorney General, Ron Wilson paid $4,500 of his fine. Rep. Coleman has filed an open records request to determine why the remaining $3,800 of the fine was not paid.

"Unfortunately, it's difficult to learn the truth about someone who has shown a consistent pattern of unethical behavior," Rep. Coleman said.

There is also the matter of Mr. Wilson's final closing of his campaign account. His 2005 January Semiannual report – filed 15 days late – contains a sworn statement saying "I do not have unexpended contributions". However, his 2005 July semiannual report contains a $1,647.20 difference between his expenditures and contributions. Mr. Wilson never reported how this outstanding balance in his campaign account was spent.

Rep Coleman will continue to look into the matter concerning Mr. Wilson's ethics complaints and will follow up next week upon hearing from the Texas Ethics Commission and the Office of the Attorney General.

New Law Extends Health Coverage for Foster Care Children Through Age 23

Fri, 1 Jun 2007 13:11:10 -0500

State Representative Garnet F. Coleman (D-Houston) announced that he successfully passed legislation to extend health coverage for children who were in foster care. The new law will help former foster care children to continue to receive health coverage until they are twenty-three years old, so long as they are in college, much like private health insurance that families have. The previous law only granted health coverage until age twenty-one.

"Extending health coverage for foster children to age 23 will help ensure more Texans receive the health care they deserve," Rep. Coleman said. “Access to health care was a key concern of foster care youth that I met with in the fall at a foster care youth summit."

Rep. Coleman filed HB 2380 this session that would have extended health coverage for foster care children through age twenty-five. Rep. Coleman offered an amendment to extend through age twenty-five onto Senate Bill 10, but it was negotiated down to age twenty-three when the bill went to conference committee.

"I wish we could have extended health coverage to age twenty-five and I wish we could have included all youth, not just those in college, but I'm pleased with the progress we made this session," Rep. Coleman said. "I will work hard next session to further extend health coverage for all foster care youth until age twenty-five."

End of Session Update on Texas Southern University

Wed, 30 May 2007 13:09:22 -0500

Thanks to the efforts of Rep. Coleman and Senator Rodney Ellis, the session ended without Texas Southern University being placed under conservatorship. However, no legislation to create an interim administration plan for the university ever passed. As a result, $38.6 million for Texas Southern University is in jeopardy.

Senator Ellis and I are constantly working to secure the $38.6 million for TSU. I met today with the Governor's office, and both Senator Ellis and I recently spoke with Lieutenant Governor David Dewhurst on the matter.

We are moving forward to find a resolution to the problem, in order to ensure TSU receives the $38.6 million. The $38.6 million breaks down as follows:

· $25 million in "academic development initiative" funds, otherwise known as Office of Civil Rights (OCR) dollars.
· $13.6 million to pay for deferred maintenance costs at the university, making emergency repairs, and paying outstanding expenses. The $13.6 million in emergency appropriations is needed ASAP.

I will continue to keep you up to date on the progress of our work as we continue to do everything in our power to continue to work on the long-term success, independence and prosperity of Texas Southern University.

Rep. Garnet F. Coleman Announces End of 80th Regular Session; Rep. Coleman successfully passes over 15 pieces of legislation for HD 147

Wed, 30 May 2007 13:05:07 -0500

State Representative Garnet F. Coleman (D-House) announced the end of the 80th Regular Session of the Texas Legislature. The regular session ended without Texas Southern University being placed under conservatorship.

During the 80th Regular Session, Rep. Coleman successfully passed over fifteen pieces of legislation to improve health care for Texas families, protect the environment, implement necessary prison reform, and promote economic development in House District 147 and other areas of the City of Houston. Rep. Coleman also successfully fought to maintain the current Top 10% law, stop private school vouchers and charter schools that threaten our neighborhood schools, and kill voter ID legislation that would have made it more difficult for people to vote.

These are highlights of the bills Rep. Coleman successfully passed this session, along with other important issues he worked on while in Austin:

Protecting the Independence of Texas Southern University

Thanks to the efforts of Rep. Coleman and Senator Rodney Ellis, the session ended without Texas Southern University being placed under conservatorship. Though specific legislation to address the financial and administrative problems at TSU did not pass, efforts by Rep. Coleman successfully maintained the accreditation and independent standing of TSU.

Rep. Coleman issued the following statement regarding Texas Southern University:

The session ended without Texas Southern University being placed under conservatorship. However, we still need an administrative plan in place that would allow the public to hold the Governor and his board appointees accountable.

An administration plan creates transparency for the public. An administrative plan doesn't just hold the board of regents accountable -- it holds the Governor accountable, because it allows the public to see whether or not the Governor has appointed individuals who are working to help or hurt the school. If you don't have a plan with measurements, there is no way to evaluate whether or not the board appointees are working to benefit the school.

An interim administration plan requires specific benchmarks for success. It lays out exactly what needs to be done to improve the school's financial and administrative issues. There is then a progress report completed that, much like a report card, grades whether or not benchmarks have been met and whether or progress is being made at the university.

An interim administration plan that was provided by the rider I placed in the budget and was removed -- or by the bill Senator Ellis and I filed that was killed -- would have ensured that the state of Texas is held responsible for its stewardship of TSU. It's unfortunate the language for the administration plan did not pass.

But for now, the university remains strong and independent, which is something I'm very proud to have worked on this session. I will continue to work on the long-term success and prosperity of Texas Southern University.

Fighting for Better Health Care for All Texans

·         HB 2224, authored by Rep. Coleman, would have fully restored the Children's Health
Insurance Program (CHIP) and returned health coverage to over 200,000 children. Though the legislature ultimately was unable to fully restore CHIP coverage, more than 100,000 more children will receive health coverage this session than in previous years. In addition, Rep. Coleman successfully passed legislation to remove the administrative red tape that proves a barrier to families trying to enroll their children into CHIP and Children's Medicaid.

·         HB 1370, authored by Rep. Coleman, creates an HIV Interagency Council. This health
council will coordinate all the statewide efforts for the prevention and treatment of HIV and Hepatitis among various state agencies.

·         HB 3184, authored by Rep. Coleman, the "Kids Flu Vaccine Awareness" bill will improve
education efforts for Texas families about the benefits of getting children the flu vaccine. The bill also allows certain state agencies to work with licensed daycare facilities to ensure the information is distributed to parents.

·         SB 453, authored by Senator Ellis and sponsored by Rep. Coleman and Rep. Yvonne Davis,
requires prisons to conduct HIV testing for all incoming prisoners.

·         HB 1396, authored by Rep. Dawnna Dukes, Rep. Coleman, and Senator Judith Zaffirini, will
greatly increase the effectiveness of the Office for the Elimination of Health Disparities (OEHD) and the Health Disparities Task Force (HDTF). The Office and its task force are responsible for eliminating health and health access disparities throughout Texas.

Landmark Cancer Research Legislation

During this session, Rep. Coleman worked closely on landmark cancer research legislation -- HB 14 and HJR 90, authored by Rep. Jim Keffer. The legislation creates a cancer research institute that will operate with a $300 million annual budget over ten years. Rep. Coleman successfully amended the cancer research bills to do the following:

·         Increase funding for cancer prevention and treatment by $30 million a year.
·         Ensure that the cancer research institute's grant recipients purchase goods and services from historically underutilized businesses (HUBs).
·         Expand the mission of the cancer research institute to include studies, prevention, and treatment of lung cancer.
·         Ensure minority members on the research and prevention programs committee.

SB 10: Medicaid Reform Legislation

Senate Bill 10 by Sen. Jane Nelson was a comprehensive Medicaid reform bill. Rep. Coleman successfully crafted language for the bill to do the following:

·         Ensure tailored benefit packages for Medicaid will not reduce current state benefits.
·         Guarantee that participation in a health savings accounts through Medicaid is strictly voluntary, and if a person chooses to receive regular state benefits again they may do so.
·         Ensure any incentives for healthy behavior are positive in nature rather than punitive.
·         Amended a long-term care study required by the bill to examine why Texas has such a high rate of people without health care.

Improving the Environment: The TexSUN Partnership

Rep. Coleman authored landmark legislation -- House Bill 2226 -- that would have provided rebates for residences and businesses to install solar energy systems. The legislation would have also allowed all solar owners to receive credit for energy they produce as a result of solar panels.

Rep. Coleman's bright vision for this massive solar energy plan will not go into full effect this year. However, an amendment Rep. Coleman successfully passed onto Senate Bill 12 will go into law. That amendments creates the TexSUN Partnership, a group of regional solar demonstration projects in Texas.

The demonstration projects are a public-private partnership, with businesses and non-profits covering the costs of the projects and the Public Utility Commission administering the program and collecting data on the success of the program.

"Solar is good for our environment, creates jobs, and helps cut down on utility bills," said Representative Coleman. "It just makes sense for the Texas legislature to invest in solar, and my amendment is a great start to do just that."

Promoting Economic Development in HD 147 & the City of Houston

·         HB 4110, authored by Rep. Coleman, will create the Hobby Area Management District,
which will help create and promote economic development throughout the Hobby area.

·         HB 4091, authored by Rep. Coleman, will expand the existing East Montrose Management
District -- which was previously created in 2005 by Rep. Coleman -- to include all of the Montrose area, delivering economic improvements to the entire Montrose community.

·         HB 4113, authored by Rep. Ellen Cohen and Rep. Cohen, will expand the existing Buffalo
Bayou Management District.

·         SB 878, authored by Sen. Mario Gallegos and sponsored by Rep. Garnet Coleman, will
make adjustments to the taxing authority of the East End Management District. The East End Management District was instrumental in the creation of, among other things, Minute Maid Park.

·         SB 671 & HB 4123, authored by Rep. Borris Miles & Sen. Ellis and joint-authored by Rep.
Coleman, will reunify and expand, respectively, the Greater Southeast Management District.

Criminal Justice & Child Safety Reform

·         HB 670, authored by Rep. Coleman, was named the "Shantell Thomas Act" after one of Rep.
Coleman's constituents who came to him with a child support problem in 2006. Ms. Thomas was facing a unique case in which it was difficult to collect the child support payments from her child's father due to restrictions in state law. Rep. Coleman worked with the Office of the Attorney General to draft legislation to specifically address her concerns. Rep. Coleman successfully placed the language of HB 670 onto a larger child support bill that did pass, and Ms. Thomas should now be able to collect thousands of dollars in overdue child support payments.

·         HB 655, the "bathroom privacy bill" authored by Rep. Coleman, prohibited the use of video
and camera photography in public restrooms and dressing rooms. Rep. Coleman successfully amended the language of his bill onto HB 1804, thereby outlawing bathroom and dressing room photography and protecting the privacy of individuals.

HB 1944, authored by Rep. Coleman, created the position of Ombudsperson in the office of the Inspector General to handle sexual assault cases in Texas prisons. This bill will help curb the high rate of prison assault in Texas prisons and ensure the safety of prison assault victims.

Budget Fails to Address Priorities of Texas Families

Sun, 27 May 2007 13:02:22 -0500

House Democratic leaders decried House Bill 1, the state's budget, for failing to address the critical priorities facing Texas families. The state began the regular session with a record $14.3 billion surplus, yet HB 1 still failed to find enough money to adequately address school finance issues, to lower tuition and utility rates, or to improve access to health care for too many Texas families.

However nearly $11 billion of the $14.3 billion surplus was spent to pay for future property tax cuts, including $3 billion set aside for property tax cuts in 2010-2011.

Rep. Jim Dunnam, Rep. Garnet Coleman, and Rep Pete. Gallego issued the following statements regarding the failures of House Bill 1.

Rep. Jim Dunnam:

"If this is the best budget the legislature can pass in the best of times, Texans should pray that we never see the worst of times again. I'm appalled that we couldn't use a $14.3 billion surplus to at least restore cuts that resulted from a $10 billion shortfall. This session has seen a TYC cover up and a House reduced to chaos, but more Texans will be harmed by spending $152 billion tax dollars in a budget that fails a majority of Texas families."

Rep. Garnet Coleman:

"The budget flat-out fails to invest in the future of Texas. In the budget, there are still 100,000 fewer children that would receive CHIP coverage than in 2003. In the budget, 7,000 fewer students will receive Texas GRANT dollars than in 2003. How can we invest in the future when we can't even catch up with the past?"

Rep. Pete Gallego:

"Passing the biggest budget in history at $152 billion -- and yet failing to meet our core values -- is the wrong thing to do for Texas. Taxpayer dollars should provide for our core needs. Yet, public education is not well provided for. Teachers and children are still undervalued. In higher education, this budget does nothing to curb the skyrocketing cost of college. In fact, in 2008, 7,000 fewer kids will receive a Texas Grant than were receiving grants in 2003. Texas cannot survive, much less succeed, if we fail to educate our children."

Rep. Coleman To File At Least Fifteen More Ethics Complaints Against House Assistant Parliamentarian Ron Wilson

Sat, 26 May 2007 16:35:05 -0500

State Representative Garnet F. Coleman (D-Houston) refuted the statement made by House Speaker Tom Craddick's spokeswoman, Alexis Delee, claiming that ethical allegations against Ron Wilson were false.

"Mr. Wilson cannot ignore the paper records of the Texas Ethics Commission any more than he should be able to ignore the rules of the Texas House," Rep. Coleman said.

In addition, Rep. Coleman announced that in the coming days he intends to file at least fifteen more ethics complaints against House Parliamentarian Ron Wilson. Those ethics complaints are based on incidents, going back to as far as 1993, where Mr. Wilson consistently failed to file his campaign finance reports on time.

"Mr. Wilson has shown blatant disregard for ethics in the past," Rep. Coleman said. "I believe our House Parliamentarians resigned late last night because they could no longer stand by Speaker Craddick's disdain for the rules. So what happened? Speaker Craddick went out and found Parliamentarians that have shown they have no problem showing disdain for the rules."

Rep. Coleman Delivers Ethics Complaint Against Ron Wilson

Sat, 26 May 2007 13:21:31 -0500

State Representative Garnet F. Coleman (D-Houston) delivered to the Texas Ethics Commission on Saturday two ethics complaints against former State Representative Ron Wilson, who is currently serving as Speaker Tom Craddick's Assistant Parliamentarian.

The first ethics complaint states that Mr. Wilson has not yet paid an $8,300 fine to the State of Texas for failing to disclose his campaign finances before his March 2004 defeat in the Texas Democratic Primary. In failing to disclose his campaign finances before his defeat, Mr. Wilson hid $10,000 from the "All Children Matter PAC," which is run by Dr. James Leininger

"Ron Wilson has failed to pay an $8,300 to the state of Texas," Rep. Coleman said. "We should not have an Assistant Parliamentarian advising the Speaker on rules when the Assistant Parliamentarian cannot follow the rules himself."

A copy of the ethics complaint can be found here.

$38.6 million for Texas Southern University depends on Passage of TSU Legislation

Thu, 24 May 2007 17:30:11 -0500

Late Wednesday night, the Senate passed House Bill 15, an emergency appropriations bill. That bill included $38.6 million for Texas Southern University. However, TSU cannot receive those dollars unless legislation is passed to address the financial issues at the university or unless a conservator is appointed.

Let me repeat that: $38.6 million for TSU is dependent upon the passage of legislation to address financial and administrative issues at TSU.

The $38.6 million breaks down as follows (see exact language below):

$25 million in "academic development initiative" funds, otherwise known as Office of Civil Rights (OCR) dollars.
$13.6 million to pay for deferred maintenance costs at the university, making emergency repairs, and paying outstanding expenses.

If any legislator attempts to kill TSU-related legislation in the final days of the session, then that person will also jeopardize the university's opportunity to receive these important funds, and may in fact guarantee that a conservator is appointed to TSU.

PLEASE CALL the following House Members, and urge them to support the Ellis/Coleman amendment to HB 3851 that contains language relating to Texas Southern University.

Rep. Warren Chisum
Appropriations Chair
(512) 463-0736

Rep. Sylvester Turner
Speaker Pro Tempore
(512) 463-0554

Rep. Geanie Morrison
Author of HB 3851
(512) 463-0456

Urge them to support the Ellis/Coleman amendment for the following reasons:

The Ellis/Coleman amendment to HB 3851 will prevent a conservator from being appointed to Texas Southern University.

The Ellis/Coleman amendment to HB 3851 will guarantee that TSU receives $38.6 million in much-needed funds for Texas Southern University.

The Ellis/Coleman amendment to HB 3851 will hold the Governor and his appointees accountable and ensure the state of Texas is being held responsible for its stewardship of its university by creating a rehab plan complete with benchmarks and progress reports.

I sincerely appreciate your help, and I promise to continue doing everything in my power to protect the independence of Texas Southern University.

Sincerely,

Garnet Coleman

Here is the language added to House Bill 15:
SECTION 9 :
TEXAS SOUTHERN UNIVERSITY: CONTINGENCY
APPROPRIATION FOR DEFERRED MAINTENANCE AND OTHER EXPENSES.
(a) Subject to Subsection (b) of this section, and in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $13,645,120 is appropriated out of the general revenue fund to Texas Southern University for the two-year period beginning on the effective date of this Act for the purpose of providing deferred maintenance, paying outstanding expenses, making emergency maintenance repairs, paying contract deficits, paying audit and legal costs, providing funding for summer school, and providing funding for the TSU/HISD Charter School.
(b) The appropriation made by Subsection (a) of this section is contingent on the occurrence of either:
(1) the enactment and becoming law of Senate Bill No.2039 or similar legislation by the 80th Legislature, Regular Session, 2007; or
(2) the appointment of a conservator for Texas Southern University under Chapter 2104, Government Code.

SECTION 10: TEXAS SOUTHERN UNIVERSITY: CONTINGENCY
APPROPRIATION FOR ACADEMIC DEVELOPMENT INITIATIVE.
(a) Subject to Subsection (b) of this section, and in addition to other amounts appropriated for the state fiscal biennium ending August 31, 2009, that may be used for this purpose, the following amounts are appropriated out of the general revenue fund to Texas Southern University for the Academic Development Initiative:
(1) $12,500,000 is appropriated for the state fiscal year ending August 31, 2008; and
(2) $12,500,000 and any unexpended balance of the amount appropriated under Subdivision (1) of this subsection are appropriated for the state fiscal year ending August 31, 2009.
(b) The appropriations made by Subsection (a) of this section are contingent on the occurrence of either:
(1) the enactment and becoming law of Senate Bill No.2039 or similar legislation by the 80th Legislature, Regular Session, 2007; or
(2) the appointment of a conservator for Texas Southern University under Chapter 2104, Government Code.
(c) The amounts appropriated by Subsection (a) of this section shall be used for:
(1) proven academic success programs;
(2) existing graduate programs;
(3) undergraduate education; and
(4) initiatives to target enrollment growth.
(d) Not later than November 1 of each fiscal year, the university shall submit to the Texas Southern University Board of Regents, the Texas Higher Education Coordinating Board, the Legislative Budget Board, and the governor a report describing the use of the funds appropriated by Subsection (a) of this section that states the goals to be achieved through use of the funds and establishes timelines and milestones for showing progress in meeting the goals. The report shall include proposed actions to be taken in the event a milestone is not met.

House Leadership Says, "We Can Cut Taxes, But We Can't Cure Cancer"

Thu, 24 May 2007 17:20:06 -0500

State Representative Garnet F. Coleman (D-Houston) announced extreme disappointment that the Texas House leadership supported a bill that sets aside $3 billion in the state's current bank account for future property tax cuts two weeks after the Texas House Leadership refused to set aside $3 billion in the state's current bank account for an important cancer research bill.

"How is it that we can cut taxes but we can't cure cancer?" Rep. Coleman asked. "There are more priorities in the State of Texas than property tax cuts -- including providing affordable health care for all Texans, improving our public schools and raising teacher pay to the national average, lowering college tuition, and decreasing the skyrocketing costs of our utility bills."

Exactly two weeks ago, the House leadership voted on a cancer research bill -- House Bill 14 -- that refused to set aside $3 billion for cancer research. At the time, arguments were made that we do not have enough money to pay for the cancer research.

"People pay taxes to improve their schools, their hospitals, their parks, and other essential priorities," Rep. Coleman said. "So long as we continue to fail to do those things, we are failing the people of Texas."

Update on TSU Legislation

Wed, 23 May 2007 21:08:14 -0500

Not more than an hour ago, Senator Ellis successful passed an amendment onto House Bill 3851 that contained the language from the TSU bill Senator Ellis and I have worked so hard on over the past weeks. The amendment would apply strictly to institutions of higher education, and not any other state agency.

Now that the bill with the TSU amendment has passed the Senate, it will come back to the House, where the House may either agree or disagree with the Senate amendments. The following would then happen:

· If the House agrees, the bill goes to the governor to be signed into law.
· If the House disagrees, the bill would go to a conference committee for final negotiations and changes.

Due to a House rule that says we must wait 24 hours for any action to be taken on Senate amendments to a House bill, the House will most likely decide whether or not to agree or disagree with the TSU amendment on Friday.

There is discussion that some House lawmakers may try to kill the bill that contains the TSU amendment because they don't want any legislation regarding TSU passed this session. I sincerely hope that is not the case, and that we are able to move forward with legislation that guarantees TSU will not be placed under conservatorship and that TSU remains a strong, independent university.

As soon as the House takes any action on the bill, I will update you to let you know what happens.

TSU Bill Unnecessarily Blocked in the House

Wed, 23 May 2007 19:15:47 -0500

The bill to address the financial and administrative problems at Texas Southern University was unnecessarily blocked in the House this week by some of my fellow Houston lawmakers (for more details, please see the Houston Chronicle article below). By blocking the TSU bill that had passed unanimously out of the Senate and unanimously out of the House Higher Education Committee, there is a renewed possibility that the Governor may appoint a conservator for TSU.

Despite this development, I have not given up the efforts to address the issues at Texas Southern University and prevent the appointment of a conservator for the university.

I am doing everything in my power to maintain the historic independence of Texas Southern University. I have offered a rider for the state budget that would create a rehab plan for TSU.

Offering a rider to the budget is like offering an amendment to any normal bill, except that a rider to the budget creates a requirement on how money must be spent. The TSU rider I proposed says that, out of the funds appropriated to TSU by the state, the Board of Regents must work with the State Auditor, consultants and experts, and other state agencies to develop and implement a rehab plan. The rehab plan must address finance and accounting, human resources, management information systems, planning and communications, student financial aid, contract and grant management, and other appropriate areas of administration of TSU.

The rehab plan must also address issues raised by the Deloitte & Touche LLP audit, which was transmitted to the Board of Regents of Texas Southern University on May 9, 2007 and was discussed in the May 23 Houston Chronicle article on TSU.

Finally, the rider I offered requires that strict benchmarks be set in place to guarantee that the university improves its financial and administrative standing. Progress reports would have to be made every four months to the legislative audit committee, the state auditor, and certain members of the Legislature. These reports hold the Governor and his appointees accountable and ensure the state of Texas is being held responsible for its stewardship of its university and meeting the benchmarks set forth by the rehab plan.

I am doing everything I can to ensure the TSU accountability rider makes it onto the budget. I will update you as soon as I know the progress of the rider, along with any other developments relating to Texas Southern University.

Sincerely,

Garnet Coleman

New TSU board meets as lawmakers debate its future
By MATTHEW TRESAUGUE and KRISTEN MACK Copyright 2007 Houston Chronicle

Texas Southern University's new governing board started the process of rebuilding the troubled school Tuesday while state lawmakers remained at odds over how to proceed.
With the legislative session nearing an end, a compromise bill that would stave off Gov. Rick Perry's call for conservatorship at TSU unraveled in the House. Two Houston Democrats responded Tuesday with separate proposals requiring stricter oversight and greater transparency at the state's largest historically black university.

But their last-minute effort may not address the governor's concerns and thus return conservatorship to the table. Perry also could appoint four more regents to fill out the nine-member board.

"The Legislature has refused to act to fix the problems at TSU," Perry spokesman Robert Black said. "The governor has taken every conceivable approach to solve the problem. He needs legislation to act further."

Perry had supported a bill that would allow him to replace a state agency's regents with a smaller, reform-minded board in times of crisis. But some black lawmakers were reluctant to cede too much control over the board to the governor, leading to the omission of the bill from the House's calendar after the Senate passed it.

State Rep. Garnet Coleman, who helped write the bill, said it is a mistake not to pass it and accused another Houston Democrat, state Rep. Sylvester Turner, of standing in the way.

"It is my belief that you have to have something all of us can live by," said Coleman, whose district includes the campus. "Why would other members intervene in a process meant to protect and save the university?"

The bill, however, failed to address specific fiscal and academic issues at TSU, said Turner, who is a member of the committee that places items on the House's agenda.
"We cannot continue to treat Texas Southern as if it is a community-based institution," he said. "It is a state-run agency. We can collectively work together in the best interest of TSU, without using the term 'mine.' It is ours."

After the bill's demise, Coleman and Turner proposed additional strings to the university's funding. Both lawmakers called for rehabilitation plans and progress reports, but diverged on the details.

Adding to the sense of urgency was the release this week of an outside audit, which concluded that the university's spending practices are rife with problems, ranging from bookkeeping errors to inadequate oversight of public funds.

In a 28-page report, auditors found that administrators sometimes violated purchasing policies, resulting in payments to vendors without proper documentation. TSU also failed to provide receipts and balance sheets for the two years under scrutiny.

Without the information, the auditor Deloitte & Touche could not finish its work or form an opinion about the university's financial well-being.

The previous regents requested the outside review in February after a spending scandal involving the university's former president and internal audits questioning expenses.

The former president, Priscilla Slade, now faces criminal charges stemming from the use of more than $260,000 in school money to furnish and landscape her home. A Harris County jury recently sentenced Quintin Wiggins, the university's former chief financial officer, to 10 years in prison for his role in the matter.

While Deloitte & Touche scolded the university's administration for lack of internal controls, it did not single out Slade or any other individual. Instead auditors suggested the problems were systemic.

Some university employees questioned the need for tighter controls, telling auditors that "this is how it has always been done," according to the report.

"It speaks volumes that a reputable firm like Deloitte & Touche cannot successfully complete an audit because things are such a mess," Black, the governor's spokesman, said. "What they have been able to uncover appears to be a systemic lack of internal controls of the school's finances. This is tremendously damning evidence that a Band-Aid will not fix."

Not all lawmakers, however, view the audit that way. Coleman said it did not tell legislators anything they did not already know.

"It made clear that controls were weak," he said. "You had to have chaos and lack of internal controls to steal. The system was set up to steal."

To address the audit and other financial problems, the new regents on Tuesday approved the hiring of a consultant who would develop a long-range plan for TSU. Former state Rep. Glenn Lewis, who is the board's chairman, said he has talked to retired Xerox Corp. executive Kerney Laday about the job.

The regents also agreed to reinstate J. Timothy Boddie Jr. as interim president for an undetermined period. His contract expired last month amid Perry's push to oust the previous board.

"For now, we want to maintain some continuity," Lewis said.

Melissa Noriega for City Council

Fri, 11 May 2007 12:51:16 -0500

I wanted to remind you that there is an important election tomorrow for Houston City Council, At-Large Position 3. A good friend and former colleague of mine, Melissa Noriega, is running for the position, and I hope she'll have your vote tomorrow.

Melissa is dedicated to ensuring that Houston is safe, out environment is clean, and that we have effective city government. I had the pleasure of serving with Melissa in the legislature when she filled in for her husband while he was serving in Afghanistan. I am sure she'll be an excellent council member.

Please vote for Melissa Noriega tomorrow for Houston City Council At-Large, Position 3. For more information about Melissa, click here and to find your polling place, click here.

We must close all loopholes that deny CHIP to children

Thu, 10 May 2007 17:47:38 -0500

By State Rep. Garnet Coleman

On Monday, the Houston Chronicle ran an op-ed by Tamika Scott, the mother of Devante Johnson. She told the heartbreaking story of how her son, Devante, lost his Children's Health Insurance Program coverage because his papers continued to fall through the cracks. Soon after he lost his health coverage, he lost his life.

In 1999, I was one of the original authors of the bill that created CHIP in Texas. Our goal was always to cover as many children as possible, not create red tape that denied health coverage to children. The administrative barriers Devante faced were the exact barriers we intended to avoid; yet, Devante's experience is one shared by hundreds of thousands of families across Texas. Just this last week, 17,000 children were kicked off CHIP, many due to administrative policies.
Until we remove all the CHIP enrollment barriers, eligible children will continue to unfairly lose their health coverage.

On Jan. 25, I joined more than 30 of my colleagues in the Texas House to announce our filing of legislation to fully restore the Children's Health Insurance Program. Our bills were designed to overturn the restrictive laws, rules and policies enacted in 2003 that have denied health coverage for more than 200,000 Texas children.

Shortly after that day, Lt. Gov. David Dewhurst and House leaders proclaimed that CHIP restoration faced an uphill battle and warned legislators not to expect any CHIP legislation to pass this session. Despite those dire predictions, a committee hearing to discuss positive change for CHIP — the first such hearing since 2001 — was called by Human Services Committee Chairman Patrick Rose (D-Dripping Springs).

At the hearing, families and CHIP activists came together to advocate for the full restoration of CHIP. The dozens of bills we authored were heard, and our legislation — after being compromised to overcome the unfortunate political barriers — passed out of committee and out of the Texas House in the form of Rep. Sylvester Turner's HB 109.

The legislation that finally passed the House — which Dewhurst partially supports — is good because it fixes some of the statutory barriers. However, it fails to address all of the restrictive barriers to the program. Most importantly, it doesn't address the administrative barriers — the ones Devante and others faced — that unfairly deny children CHIP coverage.

Let me tell you why.

Administrative directives are policies that govern the administration of CHIP. These policies are not state laws, which must be established by the Texas Legislature, and they are not commission rules, which must be officially adopted by the commission. These policies may be created or changed at any time by the direction of HHSC Commissioner Albert Hawkins or other high-ranking administrators.

Policy changes made by the HHSC can happen at any time without notice to the Legislature — it really can be done as easily as you turn a faucet on or off. Those changes are also issued with minimum notice to CHIP recipients; in fact, only two days' notice was given to many of the thousands of families whose children lost CHIP coverage this month. What happens to the children who had doctor appointments this week? How can they be expected to find new health coverage in two days time?

We must encourage HHSC to adopt policies and issue administrative directives that are inclusive, and not exclusive, for providing CHIP coverage for our children.

Several months ago, before the most recent policy change by HHSC that led to thousands of children losing health coverage, I visited one of the Texas Access Alliance facilities in South Austin that processes CHIP applications. As one of the main authors that crafted the original CHIP bill, I wanted to learn why the default policies seemed to be aimed at denying CHIP coverage for children.

My visit taught me that there are more than a hundred of pages of "red tape" policies for applying to Children's Medicaid or CHIP. A single CHIP application must go through a 15-20 step process in order to be approved. At every step in the process, there is an opportunity for human error. At every step in the process, problems and questions can arise that jeopardize health coverage for a child — even if that child meets every eligibility requirement.

Too often, the default policy is to kick a child off CHIP instead of keeping them on, and that's a problem. That's not what we intended when we created CHIP, and that's not how it has to be.

After my visit, I drafted several riders for the state budget to simplify the enrollment policies for CHIP. Those riders were accepted by House Appropriations Chairman Warren Chisum.

Unless those riders stay on the budget, and until the Legislature and the Health and Human Services Commission commits to permanently simplifying CHIP enrollment policies, we will fail to do what we set out to do at the start of session:

Ensure our children receive the health coverage they deserve.

Coleman (D-Houston) was one of the original authors of the bill that created the Children's Health Insurance Program in 1999 and authored the Children's Medicaid simplification bill in 2001, which eliminated restrictive barriers to children's Medicaid in Texas.

Rep. Coleman: Over 17,000 Children Lose CHIP Coverage for May

Thu, 3 May 2007 16:37:06 -0500

(Houston)//--State Representative Garnet F. Coleman (D-Houston) announced that the Health and Human Services Commission (HHSC) announced that 17,078 fewer children will be covered by the Children's Health Insurance Program (CHIP) in May than in April. According to the HHSC, many of the families have lost coverage due to "red tape rules" adopted by HHSC.

"Until we pass the CHIP bill and until we require HHSC to eliminate it's 'red tape rules,' the state of Texas will continue to unfairly deny health coverage for children," Rep. Coleman said. "We have to do both. The CHIP bill fixes state laws that deny access to CHIP, but the 'red tape rules' also deny access to CHIP."

"I passed a rider on the budget that would have fixed the 'red tape rules' adopted by HHSC. Unless that rider stays on the budget, eligible children will continue to lose CHIP coverage."

According to an e-mail from the HHSC announcing the enrollment decline, the majority of children lost coverage because of the 'red tape rules' the Commission has adopted. As stated in an e-mail sent to Rep. Coleman's office Thursday, May 3:

"Many of the families up for renewal this month had received an automatic extension of their coverage…HHSC granted the automatic extensions in response to an issue involving the vendor's ability to properly identify when an application was missing information necessary to determine if the family qualified for the program. …HHSC stopped granting the automatic extensions late last year. This has caused a decrease in the renewal rate."

"The Health and Human Services Commission admitted their vendors could not properly process CHIP applications," Rep. Coleman said. "Previously, their rules did not punish children for their administrative failings. But HHSC changed those rules, and as they stated, 'this has caused a decrease in the renewal rate.' No one can question that these 'red tape rules' are directly causing children to lose their CHIP coverage."

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Ellis, West, Coleman file TSU reorganization bill

Mon, 30 Apr 2007 10:59:46 -0500

(Austin)// -- Senator Rodney Ellis (D-Houston) and Senator Royce West (D-Dallas) filed SB 2039 and Representative Garnet Coleman filed HB 4130, legislation to allow the Governor to abolish the governing board of a university after a finding of a financial or administrative exigency by the legislative audit committee.

Senator Ellis, Senator West and Representative Coleman issued the following joint-statement:
"This piece of legislation is important because it will ensure that Texas Southern University maintains its independence and vitality. We are confident that this bill will move TSU forward in becoming an important part of Texas' higher education system. We have been working closely with the Governor, Lt. Governor, the Legislative Black Caucus and others in crafting legislation that will solve some of the problems that have occurred at TSU.

"We all agree our first priority is to protect the students' degrees and the degrees of all those students to come. We have worked closely with the Southern Association of Colleges and Schools to ensure that the bill does not put TSU's accreditation status at risk."

The legislation would allow for the reconstitution of the governing board with a new 5-member board which will be authorized to appoint an interim president or chancellor to serve during the duration of the reconstituted board. The interim board will be authorized to develop a financial oversight and accountability plan and consult with accreditation agencies to make sure that the university maintains accreditation. In addition, the legislation would require the interim governing board to report to the Governor, legislative audit committee and a legislative oversight committee on the progress of the administration improvement plan.

The following are members of the Legislative Black Caucus:
Representative Senfronia Thompson, Chair
Senator Rodney Ellis
Senator Royce West
Representative Alma Allen
Representative Garnet Coleman
Representative Yvonne Davis
Representative Joe Deshotel
Representative Dawnna Dukes
Representative Harold Dutton, Jr.
Representative Helen Giddings
Representative Terri Hodge
Representative Barbara Mallory Caraway
Representative Borris Miles
Representative Ruth Jones McClendon
Representative Sylvester Turner
Representative Marc Veasey

TSU Student Leaders on Gov. Perry’s Call for Conservatorship

Thu, 19 Apr 2007 07:57:58 -0500

HOUSTON—Student leaders at Texas Southern University (TSU) will be making an official statement in response to Governor Perry’s call for conservatorship at the university, sending the message that the student body is mobilized and ready to fight against any action to put the university under a conservator. This we believe will preserve and protect TSU’s independence and academic accreditation.

The Student Government Association, along with other campus organizations, will host a news conference in an effort to send a clear statement to Governor Perry that conservatorship should not be an option to correct the financial problems plaguing TSU. Placing a conservator will be an unprecedented step in America’s educational history. No public institution of higher learning has ever been placed under conservatorship.

This situation is drawing national attention and organizations from as far as Washington, D.C., are stepping in to provide assistance to avoid conservatorship from happening.
The details of the news conference are as follows:

When: Thursday, April 19, 2007 at 10 a.m.

Where: Steps of Granville Sawyer Auditorium
(Granville Sawyer Auditorium is located adjacent to the Robert J. Terry Library at 3100 Cleburne Street, parking is available in Lot C)

TSU Community Meeting Tonight

Mon, 16 Apr 2007 16:57:12 -0500

Citizens for Higher Education: ACTION ALERT!

Who: Citizens for Higher Education & former Texas Southern University President James Douglas
What: Community Meeting to discuss the future of Texas Southern University
When: 7:00pm - Monday, April 16, 2007
Where: Good Hope Baptist Church
3015 North MacGregor Way
Houston, Texas 77004

Governor Rick Perry has recommended that Texas Southern University be placed under conservatorship.

Citizens for Higher Education wants you to join us so that we may together meet and discuss the future of Texas Southern University.

Contact Mr. James Douglas at (713) 385-7471 if you have any questions or are in need of any assistance.

Rep. Coleman: TSU Should Not Be Placed Under Conservatorship

Fri, 13 Apr 2007 17:36:10 -0500

(Austin)-- State Representative Garnet F. Coleman (D-Houston) expressed extreme disappointment concerning Governor Perry's decision to place Texas Southern University under conservatorship.

"I'm very disappointed Governor Perry has decided to put TSU into conservatorship, a decision that goes against the recommendation made by the TSU Blue Ribbon Panel he appointed," Rep. Coleman said. "It's especially disappointing considering that the current financial problems are problems caused by regents and other individuals Governor Perry appointed himself."

Rep. Coleman agrees that increased accountability and oversight is needed at TSU, but disagrees on the method the Governor has chosen to take. There are currently five vacancies on the nine-member Board of Regents for Texas Southern University.

"If Governor Perry filled the five vacancies on the Board of Regents for TSU, he would effectively be appointing a new Board that could provide the necessary oversight for the school," Rep. Coleman said. "We should also follow the advice of the Blue Ribbon Panel, who recommended reinstating the accountability rider, 'Rider 5,' for Texas Southern University. I authored the original accountability rider, and it should be put back in place to ensure the financial problems created by Priscilla Slade and Quentin Wiggins are never repeated."

Representative Coleman, Senator Rodney Ellis, and thirteen other State Representatives delivered a signed letter to Governor Perry, Lieutenant Governor Dewhurst, and Speaker Tom Craddick against the conservatorship of Texas Southern University. The letter, which is attached with the signatures, read as follows:

We, the undersigned members, are against conservatorship of Texas Southern University (TSU). We believe there are financial problems to be addressed and solved at TSU, and we are committed to solving those problems. We believe there must be strong oversight from you, but a conservator for TSU will be divisive and will create community strife.

In order to prevent such division, we believe there are other methods to manage the necessary improvements for TSU that will ensure we maintain the strong, independent nature of Texas Southern University. The Governor has five open appointments of the nine member Board of Regents for Texas Southern University, which is effectively a new Board for TSU.

The current fiscal situation at Texas Southern University is very different from the situation in 1997, which involved financial aid. Since 1997, Texas Southern University had maintained a strong financial history. It was not until questions were raised about the decisions made by the former President and Chief Financial Officer at TSU that any financial issues became evident. One resigned on March 16, 2006, and the other was fired on June 17, 2006. They are currently being dealt with by the criminal justice system.

We are eager to work with you on a solution to correct the problems caused by identifiable individuals. However, we cannot overemphasize the extent to which conservatorship of Texas Southern University will be divisive and will create community strife.

We are available to meet and discuss this matter with you at any time. If you have any questions, please do not hesitate to contact Rep. Garnet Coleman at his office (512-463-0524)[.]

House Passes Bill to Restore Chip Coverage for 102,000 Children

Tue, 3 Apr 2007 16:23:51 -0500

(Austin)--State Representative Garnet F. Coleman (D-Houston) issued the following statement after House Bill 109 -- the bill that restored 102,000 children for the Children's Health Insurance Program -- passed overwhelmingly in the Texas House:

"I like progress, because I'm a progressive, and HB 109 is progress. We took an excellent first step today by restoring CHIP coverage to 102,000 Texas children.

I'm proud of the work done by Rep. Turner, Speaker Craddick, Chairman Davis, Chairman Rose, and others on this bill -- and I trust that they will fight for this bill to stay in its form as it goes through the Senate.

The next step will be for Lieutenant Governor Dewhurst and the Texas Senate to maintain CHIP restoration as it passed out of the House. Governor Dewhurst has said this is the 'session of the children.' Now we get to see if he means it."

Texas Senate Finance Committee Votes to Effectively Eliminate Children's Health Care in Texas

Fri, 30 Mar 2007 16:22:03 -0500

(Austin)//--State Representative Garnet F. Coleman (D-Houston) expressed outrage at the Senate Finance Committee's decision to adopt a rider to their budget that would require any settlement payments for the Frew v. Hawkins Medicaid lawsuit to be paid within existing funds of the budget -- which would, by default, gut funding for Medicaid and CHIP services in Texas.

"The Senate has chosen to fund future property tax cuts over addressing a fifteen year-old liability," Rep. Coleman said. "The State has hidden from this problem for fifteen years. The Senate opened their eyes just so they could point a gun directly at children's health care in Texas."

Currently, there is approximately $9 billion in unspent funds in which the Senate could use to pay for coming in compliance with the Frew lawsuit. The Senate rider prohibits the use of any of those funds for Frew, and beyond that, would set aside an additional $3 billion for future property tax cuts in the 2010-2011 biennium. If the Senate's rider stays on the budget, the State would be forced to entirely eliminate CHIP, eliminate drug benefit coverage from Medicaid, or drastically reduce provider rates for hospitals and other health care providers.

"We're no longer fighting for twelve months CHIP eligibility -- we're going to be fighting for the existence of children's health care in Texas," Rep. Coleman said. "It's a callous disregard for children's health care. The choice to set aside dollars for future property tax cuts over responsibly settling the Frew lawsuit is absolutely, 100% inexcusable."

Rep. Coleman Statement on TSU Blue Ribbon Report to the Governor

Mon, 26 Mar 2007 16:25:51 -0500

(Austin)//--State Representative Garnet F. Coleman (D-Houston) released the following statement on the TSU Blue Ribbon Report issued to the Governor's Office:  
"I applaud the work done by the Blue Ribbon Panel and their recommendation to keep Texas Southern University an independent institution.

"In addition, I'm pleased that they recommended reinstating the accountability rider, 'Rider 5,' for Texas Southern University. I authored the original accountability rider, and I'm proud it will be put back in place. Reinstating the accountability rider ensures that the financial problems created by Priscilla Slade and Quentin Wiggins are not duplicated in the future.

"I also applaud the recommendation to provide emergency funding to TSU, and the inclusion of $13,645,120 in emergency appropriations in the supplemental appropriations bill, House Bill 15, which will be on the floor of the House this Thursday."  
Below is the language for "Rider 5" accountability rider that is referenced in the Blue Ribbon Panel Report, which was originally authored by Rep. Garnet Coleman:
• Establish and Implement University Accountability Systems. The Board of Regents of Texas Southern University shall establish a team of outside experts no later than September 1, 1997. The team shall work with the institution administration to assist in establishing and implementing management and financial procedures and comprehensive internal oversight systems and controls at Texas Southern University, including finance and accounting, human resources, management information systems, planning and communications, and student financial aid. The team may include outside consultants, staff from the Comptroller of Public Accounts, or other appropriate agencies. The team shall establish a timeline and benchmarks for implementing policies, procedures and control systems for each of the areas listed above.
The university in conjunction with the team of outside experts shall provide quarterly progress reports, in a format prescribed by the State Auditor's Office, to the Board of Regents, Legislative Budget Board, Legislative Audit Committee, State Auditor's Office, Senate Finance Committee, and House Appropriations Committee. The progress report shall include specific information on progress in finance and accounting, human resources, management information systems, planning and communications, and student financial aid. If the State Auditor determines that substantial demonstrable progress has not been made by Texas Southern University by June 1, 1998, in establishing, implementing, and maintaining necessary systems and controls, the State Auditor's findings and the reasons therefore shall be reported to the Legislative Audit Committee. In response to the State Auditor's findings, the Legislative Audit Committee, after consultation with the Higher Education Coordinating Board, shall make a recommendation to the Seventy-sixth Legislature on placing Texas Southern University under the organization, control, and management of a university system.

House Committee on Higher Education Meeting

Mon, 19 Mar 2007 13:58:23 -0500

Today before the House Committee on Higher Education I laid out H.B. 1173, which re-allocates $17 million in previously authorized tuition revenue bonds to pay for deferred maintenance at Texas Southern University. You can watch the committee meeting by clicking here.
I wanted to let you know that the hearing went well and that I will be in contact with members of the committee to track the disposition of the bill. As always, if you have any questions or concerns, please do not hesitate to respond by e-mail or call my capitol office at 512-463-0524.