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Texas needs laws to keep public information, meetings open. Here are a few good ones

By Kelly Shannon, Fort Worth Star-Telegram

With state lawmakers immersed in the COVID-19 pandemic response and Texas’ electricity failures, the public’s access to information must be at the forefront of the Legislature’s actions. Information allows citizens to watch over their government, to speak out and to ask questions.

There’s no better time than this week, Sunshine Week, to emphasize the importance of the people’s right to know.

As the legislative session approaches its midway point, the Freedom of Information Foundation of Texas and other open-government proponents are holding a Sunshine Week online discussion March 18, hosted by the Texas Public Policy Foundation, an Austin think tank. Fortunately, lawmakers in both political parties are working to enact timely transparency legislation:

Texas Public Information Act compliance. Throughout the pandemic, many government offices have not responded to open-records requests, citing the physical closure of their offices or “skeleton crew” operations with staffers working remotely. House Bill 1416 by Rep. Giovanni Capriglione, R-Southlake, and Senate Bill 925 by Sen. Judith Zaffirini, D-Laredo, would define business days under the Public Information Act to ensure timely responses by governments.

Enforcement measures requiring governments to respond to public information requestors, even if no responsive records are found, are spelled out in SB 927 by Zaffirini and HB 3015 by Rep. Ana Hernandez, D-Houston.

Texas Open Meeting Act improvements. Virtual meetings allowed under the law have worked well for many governments during the pandemic, but in some cases, rules for public comment have been unfairly imposed and telephone call-in lines have not been provided to accommodate those without internet access. Zaffirini’s SB 924 and HB 2683 by Rep. Terry Canales, D-Edinburg, would address these concerns.

Nursing home and assisted living pandemic transparency. Sen. Lois Kolkhorst, R-Brenham, chair of the Senate Health and Human Services Committee, filed SB 882 so that nursing home residents and their loved ones could get the information they need about communicable disease outbreaks, including COVID-19. Zaffirini filed a similar bill, SB 930, as did Rep. Mayes Middleton, R-Wallisville, with HB 3306.

Online contracts. Legislation to require more online posting of government contracts would help citizens better track how tax dollars are spent, during a pandemic or any other time. Capriglione filed HB 2913 and Zaffirini offered SB 929 to achieve this goal.

Dates of birth in public records. Access to a birthdate in a government record promotes accuracy. It can aid citizens vetting a candidate for office; journalists identifying a person in a crime report; or banks, credit report companies and employers relying on public record background checks to conduct business. HB 3535 by Rep. Todd Hunter, R-Corpus Christi, and SB 926 by Zaffirini address this important measure.

Other bills, SB 1225 by Sen. Joan Huffman, R-Houston, and HB 3627 by Rep. Chris Paddie, R-Marshall, would clarify the law about “catastrophe notices” that governments can file to briefly suspend responses to information requests during a disaster. This legislation would add specifics to the law to prevent abuse.

Searchable-sortable records. When government information is stored in spreadsheets or other electronic formats, a requestor may need the data in that format for searching, sorting and organizing. HB 1810 by Capriglione; SB 928 by Zaffirini; and SB 729 by Sen. Nathan Johnson, D-Dallas, would require agencies to provide the information in the requested available electronic format.

Law enforcement transparency. House and Senate members are also working to improve access to police records involving in-custody deaths and to body-camera and dashboard-camera video. This would help to ensure public accountability. Key bills are HB 2383 by Rep. Joe Moody, D-El Paso, and SB 975 by Sen. Royce West, D-Dallas.

This Texas legislative session is an unusual one amid the coronavirus pandemic. But ensuring access to public information is still important, given the stakes of government decisions on the virus and other issues.

Now is a crucial time to protect this basic right.

This article originally appeared in Fort Worth Star-Telegram at https://www.star-telegram.com/opinion/opn-columns-blogs/other-voices/article249990744.html.

Texas is largest battleground in struggle over voting rights, secure elections

Republicans in Texas and across the country push “voting integrity” legislation that Democrats say is designed to suppress voting.

By Gromer Jeffers Jr., Dallas Morning News

Texas is America’s largest battleground for the struggle over voting rights, with Republicans pushing legislation that they contend protects against fraud, and Democrats countering that the GOP’s efforts are modern-day Jim Crow policies.

On Monday, Texas Gov. Greg Abbott held a news conference to say the measures are needed to prevent voter fraud. Democrats quickly responded, calling for expanded access.

The Lone Star fight mirrors the national debate that observers say is the Republican response to Joe Biden’s defeat of Donald Trump. Trump and his supporters have clung to unproven allegations that voter fraud is the reason for the controversial former president’s defeat. In state legislatures across the nation, GOP lawmakers have proposed legislation that would restrict mail-in voting by enacting cumbersome requirements, particularly for the disabled.

Republicans in Texas in 2020 rolled up impressive victories over Democrats and now say their goal is to weed out fraud and create a uniform elections system. The Texas GOP proposals include forcing residents to prove they are disabled before being allowed to vote by mail and penalizing election officials for not aggressively purging voter rolls.

“So much of the legislation that we’re seeing introduced across the states is so obviously targeted and is aimed at rolling back participation,” said Myrna Pérez, a native Texan who directs the Brennan Center for Justice’s Voting Rights and Elections Program. “It stems, especially in a place like Texas, from anxiety over changing demographics and reflects an intent on the part of certain politicians to manipulate the political process so that some people can participate and some people can’t.”

According to the Brennan Center, as of Feb. 19 there were 253 bills with provisions that restrict voting access in 43 states, and 704 bills with provisions that expand voting access in a different set of 43 states.

Pérez said that Texas already has restrictive voting laws, so much so that Georgia Republicans pushing voter integrity bills there use the Texas Legislature as a model.

“Texas is already so restrictive and so much more closed in terms of access than other states,” she said. “It would almost be laughable if it wasn’t so tragic.”

But officials at the conservative Texas Public Policy Foundation on Monday cheered the Republican proposals.

“The governor has rightly prioritized election integrity and protecting our most essential of rights,” said Kevin Roberts, the group’s executive director. “We applaud his designation of this as an emergency item and further remarks that if our legislators get him a strong package that protects and improves our system, he will sign it.”

State Rep. Briscoe Cain, the Deer Park Republican and chairman of the House Elections Committee, said Monday the proposals are necessary. In November Cain traveled to Pennsylvania to work with other lawyers trying to overturn presidential election results. The allegations put forward by the Trump campaign were without merit.

“We must, of course, snuff out fraud,” Cain said Monday in Houston. “The idea that voter fraud is a myth that’s been disproven, time and time again,” Cain said Monday.

Rep. Jessica González, a Dallas Democrat and vice chairwoman of the House Elections Committee, said lawmakers should expand voting, not suppress it.

“For decades, Texas Republicans have been guilty of adding unnecessary obstacles to the ballot box and undermining our trust in our elections processes with these kinds of bills,” she said, adding that it was time to “prioritize policy proposals and increase our citizens accessibility to the ballot box, rather than adding unnecessary obstacles.”

Dueling news conferences

Abbott held his news conference just days after GOP lawmakers introduced a bevy of election bills. Democrats quickly added their rebuttal.

Since his days as attorney general, Abbott has made curbing voter fraud a cornerstone of his public policy. While there has been mail-in ballot fraud in Texas, including several instances in Dallas County earlier this decade, fraud cases are rare.

“There is voter fraud,” said state Rep. Nicole Collier, D-Fort Worth. “There is not widespread voter fraud.”

Abbott conceded that there has been no reported instances of fraud in the 2020 elections.

“Right now I don’t know how many, or if any elections in the state of Texas in 2020 were altered because of voter fraud,” Abbott said.

Instead, Abbott complained that in Harris County “the integrity of elections in 2020 were questioned” when “the county elections clerk attempted to send unsolicited mail in ballot applications to millions of voters, many of whom would not be eligible to vote by mail.”

“Election officials should be working to stop potential mail ballot fraud, not facilitate it,” Abbott said.

But Democrats contend that Abbott should be trying to make voting easier, not harder. And they point out that Abbott and other Republicans never raise issues of voter fraud in races that they win.

At a Texas Democratic House Caucus news conference Monday, leading Democrats said they would work to expand voting.

“They have a solution for a problem that doesn’t exist, and the solution is what will take away people’s right to vote and ability to cast their ballot. States and governments should be about opening up the voting process, not closing it down,” said state Rep. Garnet Coleman, D-Houston, calling the GOP proposals “veiled racism.”

Following Trump’s lead

Even before the election, Trump complained that the mail-in ballot process was fraudulent, setting up an excuse for his defeat which would ultimately lead to the Jan. 6 insurrection at the Capitol, where he urged supporters to peacefully march on the Capitol to stop lawmakers from certifying Biden’s victory, as required by the Constitution. Marauders then stormed the Capitol, which resulted in five deaths, including a Capitol police officer.

Sen. Paul Bettencourt, R-Houston and a former tax assessor, is the author of most of the proposals.

“I don’t think there’s any denial of voter rights with that,” Bettencourt said. “I think uniformity is what we need in Texas. So rural voters coming home from work have the same access as urban voters.”

At the news conference with Abbott, Bettencourt said that critics of the proposals should not be worried about purging the names of qualified voters, which has happened in Texas.

“How you do it is up to good operational control,” Bettencourt said.

Texans want election reform

Elections are important to most Texans.

A poll by The Dallas Morning News and the University of Texas-Tyler revealed that “election integrity” was the top choice of the emergency items Abbott has given to the Legislature for action.

Election integrity was the top priority of 35% of poll respondents and it drew support from Democrats, Republicans, independents and all racial demographics.

Protecting businesses from COVID-19 lawsuits ranked as voters’ second favorite among Abbott’s priorities, at 23%, followed by penalizing cities that reduce police budgets (18%) and developing high-speed internet for underserved areas (15%).

The poll found that Texans support requirements beyond signature verification for absentee ballots by a whopping 63% to 17%, and 20% were neutral.

“I believe it’s incumbent on the Texas Legislature to get this right, that elections, the bedrock of our Republic should be free, fair and secure,” Cain said. “The polling numbers are very clear that a majority of Republicans and Democrats want to see election reforms.”

But Sarah Walker, executive director of the nonprofit Secure Democracy, said Republicans should be encouraging voting.

“Fewer than 1 in 5 Republican voters in Texas voted in person on Election Day in 2020, so restricting access to absentee and early voting options could really disenfranchise these leaders’ own voters,” she said. “We urge Texas lawmakers to adopt measures that bolster election integrity while expanding voter access uniformly across the state. The facts make it plain: Texans across the political spectrum are the ones that would benefit.”

Options for Democrats

With Republicans in control of the Legislature, most of the elections proposals are expected to be approved and signed by Abbott. Democrats are hoping to pass legislation that expands voting. Proposals include allowing online voter registration, placing polling places at more colleges, allowing voters to use their student identifications to vote, expanding voting centers and improving access to the ballot box for those with disabilities or language barriers.

And at least one Democrat said there could be a bipartisan compromise on an election bill.

“Let’s strike out the provisions that are patently designed to suppress the vote,” said state Sen. Nathan Johnson of Dallas about a Senate bill on election laws filed last week. “Let’s go ahead and hone and make effective those that truly do contribute to the election to the integrity of our election systems, because we’ll all benefit from that.”

On the federal level, Democrats are pushing proposals to protect against voter discrimination. They include the John Lewis Voter Rights Advance Act that would restore a requirement from the original Voting Rights Act of 1965 that mandated any changes in election law by states with a history of discrimination get approval from federal authorities. The Department of Justice lost that power when the Supreme Court struck down the practice and suggested lawmakers update the law.

Another proposal, the For the People Act, would set federal standards in federal elections across the country.

“We continue to need leadership from politicians and Americans of good faith who will keep sounding the alarm and spreading the message that that voter suppression has no place in our electorate,” Pérez said.

Anthony Gutierrez, executive director of Common Cause in Texas, said the Republican bills in Texas could backfire.

“There’s going to be a pretty big uprising here,” he said. “We’ll see whether or not we’ll be able to actually stop the bill, but this is a pretty egregious sort of overreach by the Republicans in Texas.”

This article originally appeared in the Dallas Morning News at https://www.dallasnews.com/news/politics/2021/03/16/texas-is-largest-battleground-in-struggle-over-voting-rights-secure-elections/.

‘Odd sisterhood’: Families of Billy Chemirmir’s alleged victims meet in support of senior-living bills

Measures would increase security at independent-living communities and boost enforcement of regulations on cash-for-gold shops.

By Charles Scudder, Dallas Morning News

PLANO — They all found out long after their mothers had died. They had called one another late at night, texted one another over glasses of wine from their own homes.

They knew all about one another’s mothers. Where they lived. How they died.

But many of the families — two dozen in all — who say their loved ones were killed by Billy Chemirmir, the man awaiting trial for 18 counts of capital murder, had never met before Wednesday.

The occasion was public: a news conference to voice support for several bills filed in the Texas Legislature in response to the crimes. Among the proposals are measures to increase security at senior-living communities and increase enforcement of regulations on cash-for-gold shops.

Over turkey sandwiches and fruit cups, families shared stories in a cavernous space at the Plano Event Center. It was cathartic, they said, to finally meet and share their common tragedy.

“It’s healing to share our story,” said Karen Harris, whose mother, Miriam Nelson, was killed in March 2018.

“We have this odd sisterhood now that no one can relate to,” said Lindsey Roan, whose mother, Martha Williams, was killed five days before Nelson’s death.

“We’ve all talked together on the phone, we’ve shed tears together,” said Shannon Dion, president of Secure Our Senior’s Safety, a group founded by these families. Her mother, Doris Gleason, was killed in October 2016. “To be physically here, to look each other in the eye, to hold each other, was really emotional.”

“It brings back tragic times and horrific moments,” said Cliff Harris, Karen’s husband and a Dallas Cowboys Hall of Famer. “What happened to my mother-in-law three years ago was the worst thing I’ve ever experienced.”

Chemirmir, 48, is in the Dallas County jail in lieu of $17.6 million bail and faces the death penalty if convicted. He says he is innocent.

While awaiting a criminal trial beset by delays in part due to the COVID-19 pandemic, families have turned their attention to lawmakers in Austin and the independent-living communities where their loved ones died.

“We want senior-living establishments and cash-for-gold and business to be accountable and transparent,” Cliff Harris said. “Let’s take care of seniors, the very people who took care of us.”

Dion, whose story was told in a two-part true crime series in The Dallas Morning News, said she found her mother dead in her apartment at The Tradition-Prestonwood, a high-end independent-living complex.

It wasn’t until she realized her mother was missing a precious guardian angel necklace that she started to have suspicions about how she died.

“For one hour, I thought my mother had passed peacefully,” Dion said. “We now know the truth. Mama was the seventh homicide.”

Dion sued the independent-living complex in 2018. Chemirmir, the suit said, “had gained access to the apartment as a result of failure by [The Tradition] to exercise reasonable care in providing security for the premises.”

“Management and employees knew a stranger was roaming the halls,” Dion said Wednesday.

Facility issues statement

The Tradition-Prestonwood said in a prepared statement Wednesday that it relied on investigators who initially ruled that deaths at the facility were due to natural causes. It denied that staff knew about Chemirmir before his arrest.

“The deaths by an alleged serial killer in peoples’ homes and at multiple senior living communities in the DFW Metroplex is a true tragedy. The Tradition-Prestonwood regards all our residents as family,” the statement read. “The Tradition-Prestonwood has cooperated with all the authorities and will continue to do so. The allegations that staff withheld any information are absolutely false.”

Three of the bills filed in the Legislature this week — two in the House and one in the Senate — push for greater security at senior-living communities, including mandatory background checks and ID badges for visitors.

One of the three would require security measures for the state’s senior-living communities. The other two would create a voluntary certification program as a market incentive for increased security, said the bill’s author, Sen. Nathan Johnson, D-Dallas.

“It is my hope that this suite of bills, offered in honor of the many victims of these preventable murders, will prevent future crimes and save other families from the pain of such a loss,” Johnson said in a statement read at Wednesday’s news conference.

Enforcing current regulations

Police say that after killing his victims, Chemirmir stole from them, taking precious jewelry, cash and other valuables. After raiding the apartments, he went to pawn and cash-for-gold shops to ditch the items and make a profit, police said.

Two of the bills filed this week would enforce laws already on the books and allow for regular, random inspections of such businesses.

Dion said such a regulation might have helped her recover her mother’s gold guardian angel necklace, which was probably melted down soon after it was sold.

Robert MacPhee, whose mother, Carolyn MacPhee, was killed in December 2017, said Chemirmir killed and robbed his mother after the family hired him as an in-home health care worker for her dying husband.

Several months after her husband died, Carolyn MacPhee was found dead in the home with valuables missing. Police have charged Chemirmir with her murder.

“It was too easy to unload so much property,” Robert MacPhee said.

This article originally appeared in the Dallas Morning News at https://www.dallasnews.com/news/politics/2021/03/11/odd-sisterhood-families-of-billy-chemirmirs-alleged-victims-meet-in-support-of-senior-living-bills/.