~1.. ,_ .,. -~~,F ~: = ~^`: ~h~ ~~~~~ n~ ~br ~~~~ ~~ ~~aa~ TED LYON STATE SENATOR, DISTRICT 2 P. O. BOX 12068, AUSTIN, TEXAS 78711 (512) 4630102 September 25, 1991 Dear Judge: Proposition 4 on the Constitutional election ballot November 5th is the most critical amendment to the Texas Constitution voters have faced in many years. This proposition will allow the state to issue $1.1 billion in general obligation bonds to construct 25,000 new prison beds. As you know, many counties in Texas have been forced to house state prisoners because of a lack of space in our state prisons. To make matters worse, we aze recycling felons -most of whom aze drug addicts -through our criminal justice system at an alarming rate. Proposition 4 would address both of these problems by providing additional state prison beds to alleviate county jail overcrowding as well as dedicate resources to stop substance abusers who aze caught in the revolving door of crime. Our six largest cities -Houston, Dallas, Fort Worth, San Antonio, Austin and El Paso -are among the top twenty most crime-ridden cities in America. Until a e effectively approach the problems of eazly release and drug addiction, Texas will continue to lead the nation in crime. A well-informed public is essential to passing Proposition 4 on November 5th. I have attached several articles outlining Proposition 4, along with a resolution urging passage of the proposition. I would like to encourage your county commissioners court to adopt the enclosed resolution (or a similaz resolution) and if possible, publicize your support of the resolution. As part of their legislative agenda, The Texas Association of Counties and the County Judges and Commissioners Association both actively supported this proposal during the 72nd Legislative Session. Please feel free to contact my staff at (512) 463-0102 if you need additional information. I am compiling a register of major support groups throughout the state, and I would appreciate hearing of your action as soon as possible. Your help in this matter is greatly appreciated. Ted 13':-~yon State Senator DISTRICT OFFICES 16601 LBJ, #525, MESQUITE, TEXA575150 4235.CHILTON, TYLER, TEXA575702 Resolution WHEREAS, the lack of available prison space has caused the early release of violent criminals and is threatening the public safety, and; WHEREAS, studies show that drug abuse fuels crime, as evidenced by the fact that 85 per cent of all Texas inmates have a history of substance abuse, and; WHEREAS, numerous county jails in Texas are grossly overcrowded because the Texas Department of Criminal Justice lacks adequate capacity and cannot accept these felons; NOW, THEREFORE, BE IT RESOLVED that the County of does hereby support and' encourage the passage of Proposition 4 on the November S, 1991 ballot granting authority to the state to issue bonds to build 13,500 new prison beds and 12,000 new beds dedicated for substance abuse treatment of non-violent drug offenders. ADOPTED this the day of , 1991. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: w.G. stacy MEETING DATE: October 15, 1991 OFFICE: County Sudge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider adopting resolution ursine passage of Proposition 4 on the Constitutional election ballot November 5th, 1991. EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Jude Time for submitting this request for Court to assure that the matter Is posted 1n accordance with Article 6252-17 1s as follows: ~ Meetings held on second Monday: 12:00 P.M. previous Wednesday * Meetings held on Thursdays: 5:00 P.M. previous Thursday is THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : 10/8/91 ~ 9:00 am All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earl test opportunity. See Agenda Request Guidelines. JV a.CI~iS - 1 / uon for Texan in USSR 3e may end up a bit player or a cen- :rai chazacter, but Strauss is a witness to _~ dramatic chanter m [he history of the Soviet Cnion and the 20th-century vorid. For those who have been under a rock ail summer. here's a quick synopsis of the plot thus far: Chapter One: President Bush picks Strauss, a Dallas lawyer and former Democratic national chairman, for the sensitive diplomatic post. The former U.S. trade ambassador's expertise on in- ternational economics is considered an asset in an era of improving economic t:es between [he superpowers. Chapter Two: A vacationing Strauss is summoned to Washington and hurriedly _ent packing for Moscow ai2er right- .amg plotters seize power m a military coup. Chapter Three: Several hours after Strauss' arrival. the coup collapses. But a new subplot quickly develops as the man responsible for leading public resis- tance to the putsch, Russian Federation president Yeltsin, seizes the public's imagination and wins major concessions ieath row Please see STRAUSS, A-7 Prison expansion approved `Revolutionary' bill targets rehabilitation By 1er1 Ctausing TIMES HERALD AUSTIN BUREAU ny Texas killers straight .re was a big, loud the old B movies lowing during the ns. That's what it on't remember it." 167 double slaying, .ton. In December. n, he rinally won asked to be idenu- mame -relaxed after work recently in his wife's comfortable old house in East Austin and explained why Texans need not fear him. "If 12 good citizens think you ain't worth liv ing, you stop and take a look at yourself," he said. "Most of us guys that come off Death Row do stay out of trouble." Statistics bear him out. Since 1974. 69 killers and rapists condemned nv Texas tunes have been released on parole. Please see KILLERS, A-6 Please see PRISON, A-4 City hall doesn't scare activist DCLU chief takes on council, `gestapo mentality' 8v Lattren Robinson OF THE TIMES HERALD STAFF AUSTIN -The Legislature wrapped up its sec- ond special session Sunday with passage of a prison construction package that settles jail-crowding law- suits and puts the state on a "revolutionary" new path towazd rehabilitation of criminals. Lawmaker also finished congressional and State Board of Education redistricting, completing in sev- en days work on key issues that lawmakers failed to finish in the 30-day budget session that ended earlier this month. "I think it's been a pretty remarkable year," Gov. Ann Richards said. "We have asked this Legislature to address an awful lot of things, and they have worked very hard and they have moved along very quickly. I think this special session has been a real success." Richazds said she does not expect to call another special session "for a long time," although she plans to appoint a task force to study the health insurance crisis. But the governor said she may not ask lawmakers to consider that issue until the 1993 regular session. The prison bill, passed unanimously in the Sen- ate and 128-1 in the House, appropriates $672 mil- lion to provide space for an additiona125,300 prison beds. 12,000 of which will be in regional drug and alcohol rehabilitation facilities. "It represents a revolutionary approach to deal- ing with drugs and how they affect our society," said Sen. Ted Lyon. D-Rockwall. lead author of the bill. Lyon said historical approaches to crime are not from Soviet president Gorbachev. The rest of the book is unwritten. But Strauss. [he neophyte diplomat. is ~.valking a fine line between Gorbachev. President Bush s Friend and partner m peace, and Yeltsin. the ascendant power in the Soviet Union. In addition. Strauss, whose knowledge of capitalism and deal-making made him an attractive choice for Bush, must balance Soviet desire for Western invest- menu with U.S. corporate concerns that his family was awakened by the news. For Cook, executive airector of the Dallas Cn~il LiDCnies i; n:on. me mooune aria hi= Steve N2u55/Dallas Times HerdlC ell shop in Rockport. A78 Austin American-Statesman Wednesday, August 21, 1991 ..Austiri.Anrerican statesman COMMENTARY BUSINESS/OPERATIONS Roger S. Klntzel, Publisher Dan C. Savage, Executive Vice President, General Manager Harold Cline, Vice President, Business Manager Marvin L. Landers. Vice President, Operations NEWSIEDITOAIALS *Maggie Balough, Edftor David D. Lowery, Managing Editor "Roxanne Evans, Chief Editorial Writer *Tom Barry, Senior Editor The editorials on the top portion of this page represent the opinions of the Austin American-Statesman Editorial Board, members of which are denoted by an asterisk (*). EDITORIALS Lawmakers must pass prison bill, enlist voters fate lawmakers, now meeting to tSteir second special session of the year, face two major tasks regarding prisons. First, they must resolve the prison crowding lawsuits and pass a bill denotin how a $1.1 billion proposed prison bond issue will be spent. Then, after the special session, they and other state leaders must make sure the voters ere aware of the importance of passing the bond program in November. The bond issue is to build 30,000 prison beds, including beds and space for 12,000 inmates for drug and alcohol treatment. 1n order to have new prisons and treatment programs and begin to get a handle on lire crime problem, lawmakers have to make sure everything meshes: prison suits settled, en- abling Legislation passed, voters persuaded to sign on to the $1.1 bil- lion bond issue. A statistic from the report last year of the Texas Task Force on State and Local Drug Control should dispel any lingering notion that traditional get-tough ap- proaches to crime fighting alone will work: One in every 30 Texans is in the criminal justice system, the worst rate in America. Drug abuse and addiction is a pri- mary cause of crime and of the de- velopment of career criminals. Texas has the highest per capita ar- rest rate and criminal justice super- vision rate among the states, and spends less per capita for substance abuse treatment than the other states. Studies have shown that one of the moat cost-efficient ways to fight crime is investment in substance abuse treatment- The task force re- port cited a recently completed long-term study of treatment effec- tiveness that concluded that treat- ment dramatically lowers drug use for at least alive-year period. "For each $1 invested in residen- tial treatment," the study said, ".. . coats due to crime-related losses to law-abiding citizens were reduced by $3.84 and government saved an additional $2.10 in reduced law en- forcement, incarceration and social welfare costs within the first year after treatment." Thus, white Texas needs more cell space, it also needs to concen- trate as much as possible on drug treatment and drug use prevention programs. In the regular legislative session, state Sen. Ted Lyon, D-Rockwall, had proposed a truly revolutionary drug bill, which carried a price tag of $900 million. Unfortunately, that had to be downsized because of law- makers' reluctance to restructure the state's antiquated revenue-gen- erating mechanism. But what remained is what Lyon calls a solid commitment of 12,000 beds for alcohol and drug abuse treatment for chemically depen- dent, nonviolent offenders. His measure also would help ensure that violent criminals are impris- onedlonger, while redirecting other offenders into treatment centers and other alternative programs. But the prison crowding contre- temps was unresolved by the first spectal session's end. Enabling leg- islation has been introduced by Sen. Jitn Turner, D-Crockett, that would build the prisons and fund the alco- hol and drug treatment centers as well as settle the lawsuits. UT athletes' contribution Lawmakers and state leaders, mindful of the terrible toll on lives and property taken by crime, must take the lead in fighting it in effec- tive ways. Their work will not be finished when they pass enabling legislation and settle the prison crowding lawsuit. They must work hard to impress on the voters that if they authorize the $1.1 billion bond issue, they will be doing something worthwhile, something that will re- duce crime. Page 2 ~. 7ha~l~AOnior -TtuasdaY.-SePtemoec 5. 1991 .. ~EWS ~AIVD~PINIONS ~_~ GOVERNOR'S REPORT Locking up Texas' violent offenders Texans are fed up with the spectacle of violent criminals being released from prison after serving only a fraction of their sen- tence. They are frustrated and angry with the revolving doors in our prison system. And they should be. Because the first responsibility of any govemment is to insure the safety of its citizens. On August 25, 1991, however, Texas' state govemment took a historic step toward fulfilling its fundamental responsibility to the people of this state. The Legislature passed a criminal justice package on that date which I am honored to sign into law. For the first time--not just in Texas, but in the nation.-we have enacted legislation that will keep violent criminals locked up and will attack the root cause of came: addiction to drugs and al- cohol. It is impossible to overstate the importance of this legislation. No longer will Texas be ranked 50th in the nation when it comes to dealing with crime. Senator Ted Lyon said it best when he noted that, in the future, other states will follow "the Texas plan" as they try to come to grips with their own crime problems. This "Texas plan" works by simply addressing what law en- forcement officers have always known, but politicians have been reluctant to acknowledge. And that is this basic formula that con- tinues to drive our crime rates upward: Addicts commit crimes, addicts go to prison, addicts come out of prison, addicts commit crimes again. It is this vicious cycle that must be halted. Since it is an addic- tion to drugs and alcohol that is at the core of many of our crime problems, it is this addiction that we must combat. And this legislation does that. - ~' At least 15 new prison facilities will be constructed under this legislation (House Bill 93) which is designed to allow our prisons to hold an additional 25,300 inmates. These new facilities will be built In the next two years to four years. Almost half of the new cells (12,000) will be utilized to deal with those prisoners who have drug and alcohol addictions. That's four times as many as the next closest state in the country--and a thousand times more than had previously existed in Texas. But new prisons and treating addictions aren't the only aspects to this legislation. H.B. 93 will also get the state out of court, keep violent offenders locked up for longer periods of time, clear the backlog of state prisoners currently being held in county jails and make Texas communities safer. It.does this in several ways. The legislation: Establishes 13,300 maximum security beds, ensuring that the worst criminals wiliremain incarcerated as long as possible. -Creates a "substance abuse felony punishment" and provides space .for.i2,0~0 inmates punished under this provi- sion. -Settles the Harris County and Nueces County lawsuits (which included 13 counties) against the state and provides a mechanism to reimburse counties for keeping state prisoners-- thus reducing the tax load on local taxpayers. --Expands the use of private prisons from 2,000 to 4,000 beds. -Adopts the recommendation of Comptroller John Sharp to facilitate the release of elderly and seriously ill prisoners who are no longer a threat to our safety. Our focus must be on reserving maximum security .beds for violent offenders. When we work together--state, county and lo- cal officials, along with law enforcement officers and judges--I am confident that we will be able to achieve this goal. With the adoption of this progressive legislative package, I believe this government has taken a big step toward fulfilling its responsibility to the people of Texas. But this is only the first step. We must continue to work together on both the local and statewide level to keep our com- munities safe. See story, s>;A1E ie~ born with brain detests probed page 1-c ,7sa ~ `V alley bob ~ ~ ~~ : , '~'8fa .~~ ~~n r. ~ ~ ' ..~ San Antonio's quality newspaper-largest circulation in South Texas . 1 . v.v ~.ri1 - gy DIANA R. FUENTES Expres._Nevn Pvstin 9,aem+ __ ALIS'CIN - In the first decisive victory for Cninptroller .John 5harli s proposals to overhaul state govern- (ne Verlthr_ $i Inbiltion b ndr sue fo prison construction to make room flu- 30,ot10 afore inmates. 'the hood issue, spnnsnnd by a senator devfl'SU+,gt't kilh•rs off the slbeets,fis a tong the largest in Texas history. !f the measure is :dso approved by the Ilousc, it will be of- fered fn voters as a proposed constitutional anxndment on the Nov. 5 ballot. "I didri 1 know [was shooting for the nr cm'd, huf if that's the case for pnsons, then ,~.,, <,+~,r+ to err lhr trcord." said the bile Budget plan Assodared Preu AfjSTIN State Rep. ltob Junelj, A-San Angelo, taking hls cue from TV host .bavld Letterman, has come up wlth a tongue-in-cheek Ust of the Top Five mOSheadst a~e giving that state agency legislators in Sµ~ ° in hudoetp etorm John Sharp'. p g g plan. [lislist: - No. is "We appreciate the opportu- nity to be here todaY•" would imagine it may tx one of the biggest ......., .,,~„<.rru„s in the f ~uilrtl Sl ni rs' Tle Top 5 No. 2 ' We support CtlmptrtlUf:r Sharp,but :. ~ ; No. 3: "Our agency is 1inj4ue" No. ,9 "Our ageneg makes the ', state money" , , ~ , ,' No. 5. "If it ain't broke, don'C tix iL'~uhell also needled some of his tel- iow Legislators. When proposals would cut then pet projects, he said they ottep say: "I'm a fiscal conser- vative, but ..:' The propose] also wnWd fund mental hrahh-mental ref ardatinn iarilitirs. Senators also passed and sent to the auth n'ze spending lhebbondbP nceedst+kr prisons. Both measure passed 2R-0. "The Texas LeKtslaears atul let+this prob~ around [nr the last 10 y et way out of con- lem (jail overcrowding) g trot." Lynn said. "1 lxheve IhC public cries out for this type of program Gov, Ann R+cha+ds saW she was pleased by the Senate votes, and with the pm[,vcss being made by the Legislature on Sharfi s plan for sweeping overhaul of the state gm- crnment. g ; I am so surprised that it is movie is quickly and as smuonrly as it is;' she svd. 'You would expect with this kind of major change a tot mote volatility than we're see- ing." Senate committees hate been meeting See PRI NS ufNt? QING, Puce 6-A reactions: ORDER NO. 20608 APPROVAL OF ADOPTING A RESOLL7PION FOR PROPOSITIGN 4 ON THE NOVEMBER 5, 1991 ELECPION October 15, 1991 Vol S, Page 442 .r r. .i.ri w,r,.~.., i ::. 161 w ." ~' ~Y • is funcl.~g~~V, .r ^ ~~, ls~~i.e u,,:,.. ~. {n:Smi.y. ..A:~S a ,. i ~.sseC~~~,.-: p Continued from 1-A late into the night on the package ~ - of bills that would put Sharp's pro- , ~ , . posal into action. Committees may ' L ' meet through the weekend as part ti of the drive to wrap up the special 1 .~ session in the allotted 30 days. + ~ ;~~ * `~ house committees also Nllh;;: t~ ~ .. ~ wm~k Saturday and Sunday. ,The ". 4`" ; ; ', '. ~ full (louse is scheduled to vote - ' ~ ~ ~ Monday on the Prison measures, as: ; ~ " :h well as several other reorganize-~~ ; ~ ' •:"- tion bills drawn along Sharp's rec• . , ,l d , Some House iri¢mbers have pta .J ~ ~ +'- (paosed incr ,',the state sales °„ b t d d t - ,: ~ y aP ~ anc~- e uc ~ ax ath it t t t ~~ } ~ ~ ng o n roc r ermu than issuing; -'an pl~ernattve;-~~ n said woWd be"acce table L y~^ '' p yo , i + Late Thursday, however, the . ' Senate rejected the sales-tax stral- ,4, egR y, ; Paying for construction with •, bonds is much more expensive than paying cash. The Legislative ~.. ,, ;,,, Budget Board estimates that total , payout forlhe bonds would ~.j lli b t L id th ~ t on, u yon sa e eh~ Is necessary. W State Sen. Ted Lyon, D- "I would rent beds from the;- amendment Thursday at devil in order to house thes~,mtlr~" bonds for prisons. The derers, rapists and robbers tie- would be placed on the cause I want to gel them Off the street;' Lyon said. _- - "In Dallas, there was a man who was rnnvicted and received two 15- year sentences ... for the at- , tempted mgrder of his mother-ln•" law and his'wlfe, $ighteep months -_ _ later, he's eligible [or parole," an their sentCnCe5r.:Matiy now serve outraged Lyon told' his colleagues , ohly 1D percent of their lime, and before the vale.. some,considei'a41Y less. "That's dot., jusilce. That's not"' .. If the Legislature implements right. We're just going to have to the proposed overhaul of state gov- pay Gtr these prisons," he Insisted. ernment, Richards said, the state's ' ,` «~, 1 J,. { ~~ Y i s . ~..,,.e. ;ter:. ' i ;+, , ,~ a= ~~ ,. wa iM1.i 1 .. , ~A r 1 ~it .T •~ ~,. 5 , - .,~' t Ar `;, 9 ~+ 4: Y s. M: ~~ ~ ,~~,. r. ,. ASSOCIAI®PRE55 Rockwall, scans paperwork during debate on his constitutional the special session in Austin. It would authorize al.l billion in Senate approved it unanimously. If passed by the House, it Nov. 5 ballot as a referendum. "'It rttakes:perfect sense to be . ~ a4le~td bond°eut Itiajor cohstrvc- ` lion like that,' Richards said. "You don't, g(t and pay cash for a house when you buy i[: You know you're going to have [o pad for it over a the measures that we're taking .. . we'te going lo~imprave our bond rating .Ott Wall Street. We do that,,; bonding costs us less." The'bW'apptnved by the Senate ' goes farther than the Sharp audit urer's office, Lyon's plan woWd in- crease the state's debt on general obligation bonds by 39 percent from tht'.,,current level of $2.8 bil- lion: Of the $l.l billion bond issue for it is in a separate bill. Lyon's bill also includes $29 mil- lion for drug treatment programs in prisons and for diversion pro- grams in the state's six largest rnuntlrs inrludint~ Rr•xar Texas board bottles up attempts to jazz up liquor labels While there are some tough reg• OA~lAS MORNING NlW6 AssaciatW Aess $EP 2 1991 HOUSTON - Lfquor labeling is no joke according to the files of the Texas Al- coholic Beverage Commission. Companies that want to sell alcoholic beverages in Texas better be conservative with labeling and promotions because the commission follows strict, sometimes anti- quated, guidelines, the Houston Chronicle reported Sunday. Louisiana's Dixie Blackened Voodoo Lager was temporarily banned from sale in Texas because the commission said [he name conjured images of witchcraft. The commission stopped a recent Budweiser promotion because it is illegal in Texas for manufacturers to induce cus- tomers to buy their products with any kind of giveaway. The promotion, which is legal in most states, offered cash and beer as prizes. In January, the agency banned the sale of Original Hooter's California Chardon- nay and White Zinfiadel wines because of the label wording. The labels stated: "A selection of the Iowa wine valley's finest grapes (just kid- ding!) delicately stomped into a full bo- died, robust, voluptuous, sensuous blend that any wino could savor, bag or no bag." The commission ruled that reference to "winos should be deleted as alcoholic beverages should not be sold to a person who is intoxicated or is a habitual user of alcoholic beverages." The agency also objected to the jocular reference to Iowa grapes, even though the label clearly identifies the wine as a Cali- fornia vintage. Texas was the only state to take action against Hoofer's wine. Another brewery that had sales stopped in Texas was Little Kings' Kentucky Derby Ale. The commission objected to the beer name saying it conjured up images of gam- bling. Pari•mutuel betting takes place et the Kentucky Derby. Then there was Black Death Vodka, which has yet to appear on shelves in Texas stores. The vodka was banned be- cause the label shows a grinning skull wearing a black top hat. "We feel that the label's appearance and description is detrimental to the al- coholic beverage industry and against the peace, welfare and safety of the general public; 'the commission ruled. These kinds of rulings have labeled the Texas Alcoholic Beverage Commission as somewhat stodgy among those in the li- quorindustry. "Texas is one of the more rigid states, es far as getting anything controversial through the approval process;' said Marie Nikic, director of operations for Blair Importers, the New York company that tried to import Black Death Vodka from Luxembourg to Texas. "Nothing Texas does surprises us;' said an unidentified spokes• man at Little Kings. "The people at the TABC are very good to work with. But the walls we hit there are unbelievable. We probably would not have sold that much Kentucky Derby Ale down there anyway. But the dental came as a shock." ulations designed to protect con- sumers, what seems to guide the commission, some observers say, are vague policies and old piece- meal laws adopted during the last 50 years. For example, Texas is one of only four states that conducts laboratory tests on every new type of alcoholic beverage sold in the state. It was an old unwritten policy that prompted the ban of Blackened Voodoo Lager in June. That policy forbids beer, wine or liquor from being named after a type of relig- ion. The agency reversedtts deci- sion after it angered the Louisiana Legislature and the New Orleans brewery that makes the beer. "We don't want to be in the posi- tion of having to enforce old politi- cal compromises;' said Larry Sulli- van, chief of enforcement at the agency. "The rules need to be rewritten. These things need to be updated. We have rules that were written in 1935." Criminal justice bill alone nrES t+autn ~P 11991 ost in most o the bud- get decision from the second special session, which ended last week, was the passage by the Texas Legislature of a new criminal justice bill. Sup- porters of the bill accurately note that this will help bring Texas in- to the 20th century with regard to the criminal justice system. The cornerstone of the bill is a plan to use prisons to serve as treatment centers for offenders who have drug and alcoholrelat- ed problems. The new bill pro- vides for the sale of bonds to pro- vide an additional 13,000 maximum security prison cells, but also will finance facilities to house 12,000 inmates in sub- stance abuse centers. Texas currently spends less than anc state in the union per capita on drug treatment for con- victs. This state is dead last. Our response to criminals who have drug problems has been to treat them as if their drug problems would end automatically after a term of incarceration. It is no wonder, therefore, that the pris- on gates now need revoving doors to cope with the high rate of recidivism. This legislative action ac- knowledges that locking up a substance abuser for any length of time without treatment does little mere than guarantee that he wilt become hardened and re- turn to crime land the prison sys- tem). Estimates are that 85 percent of Texas' 60,000 inmates were ar- rested for drug related crimes. The cost cf incarcerating an indi- vidual in a maximum security in- stitution for one year is now ap- proaching $40.000. The simple fact is that the state cannot afford to build pris- on space fast enough to house the exploding number of in mates. County jails in cities such as Dallas and Houston are al- ready grossly overcrowded be- cause the state facilities are filled to capacity and cannot accept any more of the inmates that we have to send to them. The fact ts, continuing to do nothing more than put people away is not the answer to the problem. will reduce recidivism ERIC. -. MOLE 'v ,.,, in•~ ~.,:. Estimates are that 85 percent of Texas' 60,000 inmates were arrested for drug relat- ed crimes. This legislative action ac- knowledges that locking up sub- stance abusers for any length of time without treatment does little more than guarantee that they will return to crime and the pris- on system at the end of their prison term. This position has been advocated by enlightened observers of the criminal justice system for yeazs. After the treatment facilities are completed we should see, an end to the revolving door cycle of incarceration, release, rearrest and reincarnation. It is only in this way that we can stem the tide of our increasing prison pop- ulation and increasing crime rate. It should be noted that the leg- islators who supported the bill are not doing this as a "be soft on criminals" program. The primary beneficiary of the plan will be the citizens of Texas who, be- cause of this enlightened legisla- tion, will not watch the crime rate continue to escalate year in and year out, despite the fact t)•iat the increasing funds will ~e spent on the erection of always filled prison space. IC also means that the citizens will benefit by no longer being victimized by individuals return- ing from prison year after year with the same problems that they had when they went in. Tite criminal justice bill is a great step forward and should signifi- cantly assist in the war against came. Eric Mote of Dallas is a lawyer oZ~ 30 A Saturday, August 24, 1991 BL'AL OSBORNE. Publisher and Editor JEREMY L. HALBREICn. President and General Manager RALPH LANCER. Senior Vice President/Executive Editor WILLIAM W. EVANS. Executive Managing Editor ROBERT W MONG JR.. Managing Editor RENA PEDERSON. Vice President/Editorial Page Editor Senior Vice Presidents HAAAY M. SraNLEY JR.. Sales and Marketing J. WILLIAM COX. Administration and Finance Vice Presidents FRANK MCKNIGHT. Circulation RICHARD STARK-S, Advertising HAROLD F. GAAR JR_ Marketing BARRY PECKHAM. Controller GROVER D. LIVINGSiON. Information Management EDITORIALS Prison bill tops lawmakers' priorities Texas lawmakers have an opportunity to- day to pass sweeping criminal justice legisla- tion that finally begins to address the state's dual problems of prison overcrowding and drug addiction among inmates. The bill, drafted by Sen. Ted Lyon, D- Rockwall, maps out a strategy for construc- tion of spaces for 30.000 new prison inmates. The $1.1 billion construction plan. which would have to be approved by Texas voters in November, should resolve the long- simmering dispute between state and county officials over the housing of state prisoners. But even more important. Sen. Lyon's proposition would commit 12,000 of the new beds for alcohol and drug abuse treatment for non-violent offenders who are chemi- cally dependent. Should the proposition win approval. Texas would be on track to make the largest commitment of any state to drug treatment within its prison system. In fact. the plan calls for three times as manv treat- ment spaces as the 3.900 currently available within the New York prison system. Sen. Lyon said the next highest number of beds for drug and alcohol treatment in correc• tional institutions is in New Jersev. which has 1.260. The Office of National Drug Con- trol Policy already has issued a strong en- dorsement for the proposition now before Texas lawmakers. "If b k h cle of addiction, you crime." Sen. Lyon rig should be on the mi T _ _ Wt„„1 ` O at ~ E~r,N~ No doubt Is there now aI who really control fairs in Austin? doubt it is the to wise, why would i for Lt. Gov. Bob B behind closed doc than 60 influential fists to seek their T plan to balance th Is it that their app sary before our proceed? Not only do wt imperial judiciary that we also have t. byists. Both regula this state. but net. able to the voters. CLARE Make dec you can rea t e cy- The cnv of Dal: can break the cycle of outside consulting htly says. That message mend whether the nds of all state legisla- division should be ! police building. Ci. - ~ 1 1 tors as they make their decision today. The criminal justice plan provides for more stringent penalties for those who com- mit violent crimes and greater opportunities for rehabilitation of offenders who have not yet become hardened criminals. The bill de- serves the support of legislators as they head into the eleventh hour of the special session. The price tag is high, but not as high as the cost Texans will pay if the state fails to get a handle on its runaway crime problems. Another law enforcement proposal of merit has been passed in the Senate and is pending before the House Committee on Criminal Jurisprudence. That bill, spon• Bored by Sen. Judith Zaffirini, D-Laredo, would authorize law officers to confiscate on the spot the driver's license of a sus- pected drunken driver who fails or refuses to take a blood alcohol test. A driver would have 15 days to request an administrative hearing before the Department of Public Safety on suspension. First-time violators would be subject to a suspension for 90 days: subsequent convictions would result ih a one-year suspension. Currently. 29 states and the District of Co- lumbia automatically suspend the license of drunken drivers. Passage of a similar mea- sure in Texas could send a strong message that drunken driving penalties will be swiftly enforced. In the process, the state could reduce the thousands of fatal crashes related to alcohol. AUPllct '1a +nn. 1991 5aa rs OK congressional, dncation redistricting Mans By Herbert A. Sample TIMES HERALD AUSTIN BUREAU AUSTIN -After months of haggling and political skirmishes, the Legislature on Sunday ap- proved plans to redraw Texas' congressional and state Boazd of Education districts. Bath measures go to Gov. Ann Richards, who is expected to sign them. But the new lines also must gain approval from the U.S. Justice Department and with- stand likely coral challenges be- fore they can be implemented. On the final day of this yeaz's second special session, lawmak- ers also passed bills that will again ask voters to approve bonds for college student loans, limit the take of water from an underground aquifer by a catfish farm near San Antonio and reor- ganize the state Department of Commerce. The congressional redistricting measure would draw boundary lines for 27 existing districts, as well as three new ones added be- cause of population gains - in- cluding one in Dallas where 50 percent of the residents would be black. It passed the Senate 18-13 and the House i2-59. A critic, Rep. Fred Hill. R- Richardson, said the map of Dal- las County's congressional dis- tricts, "looks like it was drawn on an Etch-a-Sketch." Seven dis- tricts would contain chunks of Dallas County under the leg%sla- tion. Currently, four congress- men represent the county. Hill noted that District 30, the new black majority distriM based in South Dallas, was extended north through a narrow passage along Central Expressway in or- der to add 1,500 black residents of Plano - even though there were black south Dallas residents left out of the district. But supporters contended it would pass muster with the Jus- tice Department, which will re- view the plan for compliance with the federal Voting Rights Act. Republicans and others also are likely to pursue lawsuits against the plan as well. The measure redrawing the state Board of Education's 15 dis- tricts includes five minority dis- tricts; aproposed sixth minority district was rejected. Other measures approved and sent co the governorinciuded: ^ Legislation chat would place on the Nov. 5 ballot a $300 mil- lion bond issue that would pro- vide college loans for about 20,000 students. Voters rejected a similar proposal earlier this month, but supporters contended they may not have been fully in- formed about the need for the loans. Rep. Warren Chisum. D- Pampa, opposed the legislation. saying 'I'm not going back home and tell them they didn't know what they were doing." ^ A bill that would prohibit the drilling of new, large wells into the Edwazds Aquifer - a natural, underground water stor- age reservoir -and require a catfish farm in San Antonio to treat its waste water and use it to repienrsh the aquifer. The mea- sure was prompted by revela- tions that the fish fazm draws 43 million gallons of water a day from the aquifer. ^ A measure that would reor- ganize the state Commerce De- partment, including a provision that would give the governor the power to appoint its executive di- rector. • PRISON past two attempts died after Haz- Tlnle 1 LLnS OU~ O~ ris County failed to agree to working be- cause the threat of punishment does not deter drug addicts. "You see individuals who do not raze about punishment be- cause all they care about is get- ting the next fix," Lyon said. "This bill brings us into the 21st century in terms of dealing with this problem." Texas has no state-operated drug or alcohol rehabilitation centers for felons and ranks 50th nationally in the amount of mon- ey it spends to counsel drug and alcohol addicts. "The most important thing in this bill that I can see is that Texas is going to become ... No. 1 in the nation in the amount of money we spend on drug treat- ment." Lyon said. "We're going into a new frontier." Lt. Gov. Bob Bullock said the legislation "will set the pace throughout the country." Lyon said the Legislature made a 180-degree turn in its his- torical approach to trying to build its way out of the crime problem. He attributed that change to the work of a drug task force and the help of Richazds and Bullock, both recovering al- coholics. It was the third attempt by lawmakers tttis yeaz to pass a prison construction package and settle lawsuits by counties. The terms. The bill contains a $188 mil- lion settlement with 14 counties - including Dallas -that have won lawsuits seeking reimburse- ment for housing 10,000 state in- mates the Texas prison system has no space for. Dallas County will get an esti- mated $16.9 million in direct payments and incentive program funds to help defray the cost of holding 1,750 state prisoners now crowding its jails. The bill also obligates the state to begin in 1995 accepting all scale-sentenced inmates within 45 days of their sentencing. That provision gives the state time to bring the new facilities - as well as prisons currently under con- struction - on line. All new fa- cilities are expected to be com- pleted in three years. Funds to construct the new prisons and regional rehabilita- tion centers aze contingent on voter approval in November of a 51.1 billion bond package ap- proved by lawmakers earlier this month. That package also pro- vides funding for new facilities for the Texas Youth Commission and the Department of Mental Health and Mental Retazdation. The settlement money comes from general revenues. All but $39 million already has been sec aside in the $59 billion budget passed eazlier this month. If new funds cannot be found to cover the rest. it will be taken from the Capitol restoration budget. Legislator blames Irving for By Jeri Clausing TIMES HERALD AUSTIN BUREAU AUSTIN -The quick resolu- tion Sunday of the latest special legislative session was bad news for Dallas officials, who failed to persuade Gov. Ann Richards to allow consideration of a hotel room tax hike to fund Cotton Bowl renovations. Rep. ken Marchan[, R-Cop- pell, blamed opposition by the city of Irving for the death of his proposal, which would have razsed by 1 percent Dallas Coun- ty's 13.25 percent hotel occupan- cy tax. The estimated $4.5 million generated countywide each year by the proposed tax would have been pledged against a 550 mil- lion county bond issue. Dallas would have used 535 million to restore the Cotton Bowl. and Ir- vtng would have received the re- House Speake Bullock took maining 515 r the cost of enc um. "Irving kill said. "They w That would t million for tt just said forge it at a differen Richards sa call lawmaker cial sesston e work on heal chant said he proposalthrou Richards sa expand the a, ended sesston distracting be proposal was + "In this bu: think ahead. 1' your legislatic work these bo matter of ope said. Whale carcass defies d~ THE ASSOCIATED PRE55 KENNEBUNKPORT. Maine - A fmback whale carcass that beached across from President Bush's vacation home defied at- tempts to blast it into fish bait wtth 13 sticks of dynamtte. A boat owner hauled the rot- ting carcass out to sea where Robert Brown excavation co 1;? sticks of d an effott to n return to shorE The dynam than send up and put holes Donald Lapot the boa[.