You may remember that in October the Kountze School District had been slapped with a temporary injunction (an order which restrains a person from effecting a legal action or orders redress to an injured party) to prevent the display of banners with a Christian message. Public school high school cheerleaders had used their own money, made the banners off-campus, and unfurled the banners at football games. The school district, concerned that the student-led Christian display was an Establishment Clause violation, had banned the cheerleaders from displaying the messages. The First Amendment prohibits the government from making any law “respecting an establishment of religion” and forbids the government from establishing an official religion and prohibits government favoring one religion over another.
Wednesday, a state district judge disagreed with the school district and held that the school could not prohibit such displays. The school district will now have to appeal.
One legislator displayed his unhappiness with the Travis County District Attorney by criticizing one of its lead attorneys Rosemary Lehmberg who pled guilty to drunken driving in April and who is due for early release (serving less than your full sentence because of good behavior while incarcerated). Rep. Phil King (R-Weatherford) called for District Attorney Lehmberg’s resignation and proposed HB 3153 to transfer the state’s public integrity unit (currently housed in the Travis County District Attorney’s office) to the Texas Attorney General’s office when the local District Attorney (like Lehmberg) is convicted of a crime. King called it a “shot across the bow” to force Lehmberg to resign.
And speaking of cheap shots, the budget battle turned into a war of words when Rep. Sylvester Turner (D-Houston) went after Rep. Harvey Hilderbran (R-Kerrville) who authored HB 500—a bill giving $661 million in tax cuts to businesses including specific industries (e.g. insurance, hospitals, and oil and gas).
The two sparred over whether the tax cuts were at the expense of public education. Hildebran argued that strong business growth through tax incentives (reductions in taxes that businesses would have to otherwise pay) would fuel more taxes long-term into education. Turner challenged cutting the franchise tax because he favors restoring funding for over $5.4 billion in education cuts made last biennial session (two year legislative cycle).
At one point Turner accused Hildebran of not being truthful and questioned his competency by making a veiled reference to Hildebran’s public statement that he is considering running for Comptroller of the Public Accounts (the chief of the state’s finances, tax collections, accounts, revenue estimations, and treasurer).
The quip caused the legislature to go to go unusually silent. Turner later apologized.
Governor Rick Perry is not apologizing for pushing hard to get HB 500 passed because it is a cornerstone of his legislative agenda this term. He has threatened to call a special session (a short 30 day term called by the Governor to address specific issues) if legislators fail to pass “significant tax relief” this year.
Take that!
Lone Star News Review 