Lege Team is a dedicated bunch -- weekly breakfast meetings are held in our headquarters on Friday mornings at 7:00 am! This fearless team was able to thwart serious attacks on the civil rights of Texans and help enact meaningful affirmative legislation defending our rights. Below are some of the highlights.

Highlights

• As part of a broad coalition, the ACLU of Texas helped defeat the "Voter ID" bills, HB 218 and HB 626, bills that would have created substantial new hurdles for voters, particularly the elderly, poor and minorities.
• As leaders in a diverse coalition, the ACLU of Texas helped defeat over 60 anti-immigrant bills and resolutions, ensuring that no bill taking away rights or benefits from immigrants passed.
• Under the leadership of our outgoing Executive Director, Will Harrell, the ACLU of Texas advocated for SB 103, an omnibus juvenile justice reform bill representing substantial change for our troubled Texas Youth Commission.

During the session, the ACLU of Texas tracked and monitored more than 1,200 bills with significant civil liberties and civil rights implications. Overall, the session saw a 13% increase in the volume of bills filed, with approximately 6,000 bills in both chambers.  The following bills stood out among the multitude of bills tracked by the Legislative Team.

ACLU of Texas Issues before the 80thTexasLegislature

1.          Voting Rights
2.          Free Speech
3.          Separation of Church/State
4.          Reproductive Freedom
5.          Immigrant Rights
6.          LGBT Rights
7.          Privacy/Surveillance
8.          Police Powers
9.          Gun Rights
10.     Juvenile Justice
11.     Prison Conditions
12.     Harm Reduction
13.     Criminal Penalty Enhancements
14.     Death Penalty

Voting Rights

The 80thTexas Legislature witnessed a serious attack on Texans' fundamental right to vote.

Proof of Identification. HB 218by Rep. Brown, R-Athens, would have required that every voter present proof of identification at their polling place. This change in policy would have hurt the elderly and the state's poorest citizens. The ACLU of Texas, in collaboration with coalition partners, was able to successfully persuade 11 senators to block the measure from reaching the senate floor, thereby defeating the proposed legislation.  

Proof of Citizenship upon Registration. HB 626by Rep. King, R-Weatherford, would have required that a citizen provide a passport or birth certificate when registering to vote. The proposed legislation would have significantly reduced voter participation in minority communities as well as for seniors who do not have access to these documents. The ACLU of Texas worked with coalition partners to actively oppose this legislation. It passed the first house, but died after failing to receive a hearing in the Senate State Affairs Committee.

Free Speech

There were several bills filed this legislative session that would have infringed upon Texans' right to free speech. The ACLU of Texas monitored approximately 20 free speech bills.

Protecting Sources. SB 966by Sen. Ellis, D-Houston, would have created a limited privilege for journalists not to be forced to reveal sources. In certain circumstances, it would have protected journalists from being subpoenaed to testify or provide documents to a court or other official proceeding, thereby increasing the free flow of information and preserving a free and active press. The ACLU of Texas actively supported this legislation. It passed the Senate but died as a result of a procedural tactic.

Funeral Protests. HB 1093 by Rep. Geren, R-Fort Worth, restricts an individual's right to peaceful assembly. Current Texas law provides a criminal penalty (a Class B misdemeanor) for individuals who protest within 500 feet of a facility or cemetery being used for a funeral service. HB 1093 expanded the distance from 500 feet to 1000 feet. The ACLU of Texas opposed this legislation, but it passed both houses and was signed into law.

Separation of Church and State

The ACLU of Texas worked closely with coalition partners to protect Texans from government mandated religion. We were successful in the area of bible curriculum, but lost the battle in the area of religious expression at public schools.

Bible Classes in Public Schools.  HB 1287 by Rep. Chisum, R-Pampa, allows the Bible to be taught in public schools as an elective course in the history and literature of the Old and New Testament eras. The ACLU of Texas worked with coalition partner Texas Freedom Network in amending the bill to address major concerns.  Safeguards were placed in the bill to protect the religious freedom of families in Texas public schools. The ACLU of Texas still opposed the legislation but worked hard to amend it so that it would not infringe upon Texans' First Amendment rights.  The bill became effective June 15, 2007, but the first classes will not be taught until 2009.

Prayer at School Events. HB 3678 by Rep. Howard, R-Sugar Land, creates a structure in state law for permitting prayer at school graduation and sporting events. While the ACLU of Texas supports all students' rights of religious expression, this particular legislation could be used to intimidate students whose religious views are in the minority.  This bill became effective on June 8, 2007.

Reproductive Freedom

The 80thTexas Legislature was a very successful session in protecting reproductive freedom. The ACLU of Texas had a hand in successfully defeating several pieces of harmful legislation that would have infringed upon a woman's right to privacy.

Personal Info. on Abortion Seekers. SB 785, by Sen. Shapiro, R-Plano, would have required doctors to report a laundry list of personal information on women to the state, without any accountability. It also would have collected information on judicial bypasses.This bill passed the Senate but died in the House as a result of a procedural tactic.

Required Ultrasounds. Killing SB 920, by Sen. Patrick, R-Houston, was a major victory by the choice community. This bill would have required doctors to perform ultrasounds on patients and required the woman to view it before being granted an abortion. This would have required doctors to purchase ultrasound equipment if they did not already have it in their office. After passing the Senate, the bill died in the House. 

Emergency Contraception Posters. HB 23 by Rep. Corte, R-San Antonio, would have required businesses who sold emergency contraception to display a sign that states, "If you believe that life begins at fertilization -- the point where the sperm and egg unite -- then you need to know that emergency contraception may either function as a contraception to prevent the egg and sperm from uniting or prevent the implantation of the already fertilized egg in your womb." It would have also required anyone purchasing emergency contraception to display an ID and sign a log documenting a purchase. The bill died after being left pending in the House Committee on State Affairs.

Immigrant Rights

Despite what appeared to be an imminent threat, the 80thTexas Legislature passed no bills taking rights away from immigrants. Over 60 anti-immigrant bills and resolutions were filed and all failed.  Only one immigration-related bill, HB 1196, by Rep. Kolkhorst, R-Brenham, which regulates employers who receive public subsidies, was passed and signed into law.

Birthright Citizenship. HB 28by Rep. Berman, R-Tyler, would have denied basic rights to children born in Texasto parents who entered the U.S. without permission (violating the "citizenship clause" of the Fourteenth Amendment). This proposal never received a hearing in the House Committee on State Affairs.

In-State Tuition. HB 39, HB 104, HB 141, HB 159, and HB 3829all proposed repealing the current state law that permits all long-term Texas resident high school graduates to receive in-state tuition to attend Texas institutions of higher education. The ACLU of Texas actively opposed these measures. HB 159 was the only bill to make it to the House floor where it was defeated by a procedural tactic.

Local Police Officers as Immigration Agents. HB 858, HB 1012, HB 1256, HB 1774, and HB 2998 would have empowered and/or required local and state law enforcement to act as untrained immigration agents and enforce civil immigration law. This ACLU of Texas opposed these measures.  Only HB 2998 received a hearing; it died on the House Calendar late in session.

Immigrant Crime Victims. HB 1121 by Rep. Anchia, D-Dallas, requires state judges to enter factual findings in criminal cases that will assist immigrant crime victims in applying for federal immigration benefits available to victims of human trafficking and other serious crimes. The ACLU of Texas was instrumental in the creation and passage of this legislation.  It was signed by the governor and became effective on June 15, 2007.

LGBT Rights

The news on what happened with respect to gay, lesbian, bisexual and transgender rights this session is what DIDN'T happen. For the first time in many sessions, no bills were passed to curtail the liberation of LGBT Texans, and there were a number of positive bills introduced. The ACLU of Texas was part of a broad coalition of organizations across the state, such as Equality Texas and Atticus Circle, who worked on these issues.

Hate Crimes Study. HB 2612by Rep. Veasey, D-Fort Worth, would have required an in-depth study of the effectiveness of the James Byrd Jr. Hate Crimes Law which passed in 2001. An astonishing 1,500 hate crimes have been reported in Texas and of those, only nine have been prosecuted. Unfortunately, this bill died in the Criminal Jurisprudence Committee after it had been voted favorably out of the Criminal Procedure Subcommittee.

Student Clubs.  HB 1098 by Rep. Zedler, R-Arlington, sought to ban Gay Straight Alliances (GSA's) in Texas public schools. GSA's, are student-led and student-organized school clubs that aim to create a safe, welcoming, and accepting school environment for all youth, regardless of sexual orientation or gender identity.  The ACLU of Texas took the lead on this issue and was able to convince the Chair of the House Public Education Committee to not grant a hearing to this divisive proposal.  Additionally, the ACLU of Texas worked with Rep. Coleman, D-Houston, to insert language into two separate bills that would have directed the State of Texas to collect data on harassment and discrimination against LGBT students in our public schools.  The amendments were removed in conference committee but demonstrated that there is sufficient support to pass such legislation.

Foster Parents Rights remained intact this session. At the outset of the session, there appeared to be a looming threat to the rights of gay and lesbian foster parents. Our coalition partners identified foster parenting as facing an impending danger at the outset of the session and worked diligently and successfully to cut of any initiatives early in the legislative process.

Privacy and Surveillance

The 80th legislative session saw significant activity in the area of the use of technology by law enforcement to monitor the everyday activities of Texans.  Legislation passed that expands local law enforcement authority to use pen registers without Department of Public Safety (DPS) oversight and to purchase equipment that can be used for wiretaps.  On the other hand, restrictions were placed on the ability of localities to use "red light cameras" and an effort to make it easier for state and local law enforcement to access "roving" wiretaps was defeated.

Red Light Cameras.  SB 1119 by Sen. Carona, R-Dallas, places significant restrictions on local authorities' power to implement photographic traffic signal enforcement systems, or red light cameras. It mandates that 50% of net revenue collected from such systems go to the comptroller for distribution to regional trauma centers, thereby decreasing a local authority's incentive to place cameras strictly as a revenue source. The ACLU of Texas supported this legislation, and it becomes effective September 1, 2007.

Surveillance without Oversight. SB 823by Sen. Whitmire, D-Houston, permits local law enforcement agencies in large municipalities to purchase and use pen registers and similar surveillance equipment without oversight from the Department of Public Safety. The legislation passed despite the efforts of the ACLU of Texas and other groups concerned about expanding police powers without effective protections against abuse.  This legislation became effective on May 23, 2007.

Homeland Security Wiretaps. SB 11 by Sen. Carona, R-Dallas, is a large homeland security bill that expands the crimes for which wiretaps can be used to include kidnapping, human trafficking and some money laundering crimes, as well as eliminating a provision of Texas law that limited police use of toll photos of law-abiding citizens in criminal investigations. The ACLU of Texas fought hard and successfully amended the bill to remove some of the most egregious provisions, including the proposed expansion of "roving" wiretaps. The bill was signed by the governor on June 6, 2007 and became effective immediately.

Governor's Massive Database.  HB 13 by Rep. Swinford, R-Amarillo, is a major homeland security and border security bill that threatened to expand the governor's authority to operate state-wide criminal intelligence databases by authorizing the Governor's Division of Emergency Management to manage the Texas Data Exchange (TDEx), the governor's controversial criminal intelligence database. It also would have interfered with local law enforcement's ability to set local public safety priorities. The bill was defeated as a result of a procedural tactic.

Police Powers

The 80th Texas legislative session saw a significant push to increase police powers and infringe on civil liberties. The ACLU of Texas was successful in derailing legislation that would have allowed local law enforcement to infringe on the 4th Amendment right to be free from unreasonable search and seizure.

Sobriety Checkpoints. Two bills were filed that would have allowed DWI checkpoints on Texas roadways. Both raised serious constitutionality questions; the proposed checkpoints also had the potential to be used disproportionably in minority communities. HB 253by Rep. Smith, R-Bedford, and SB 59 by Sen. Zaffirini, D-Laredo, both were defeated.

Failure to Show ID.  HB 855byRep. Delisi, R-Temple, would have allowed officers to arrest a person solely for failure to produce identification during any lawful detention. This bill would have expanded police powers in a pedestrian or traffic stop dramatically and disproportionately impacted communities of color. The ACLU of Texas aggressively opposed the legislation and, after a lively debate in which civil liberties were invoked, the bill failed on a record vote on the floor of the House. 

Secret Search Warrants. SB 244 by Sen. Williams, R-The Woodlands, allows prosecutors to temporarily keep secret critical public information about police searches. Historically, such search warrant affidavits were open to allow public scrutiny of law enforcement activities. In cases where names of confidential sources needed to be protected, they were redacted. The ACLU of Texas vigorously opposed this legislation throughout the legislative process, but it was signed by the governor and becomes effective September 1, 2007.

Gun Rights

The 80thTexas Legislature saw a significant victory for law-abiding Texans who choose to travel with their guns. In 2005, the Texas Legislature passed a law (HB 823) clarifying a long standing Texas law that allowed Texans to travel with their guns. Since the courts had come to different conclusions on the definition of "traveling," the Legislature sought to set clear terms for carrying a gun in a vehicle. Prosecutors throughout the state chose to ignore the law, and still arrested and prosecuted law abiding citizens for traveling with their guns.

Traveling with Guns. HB 1815 by Rep. Isett, R-Lubbock, sought to stop prosecutors from misinterpreting a statute passed last session to continue to prosecute legal gun owners carrying a weapon in their person vehicle. It further clarifies the definition of traveling and will protect law-abiding citizens' Second Amendment rights. The ACLU of Texas was instrumental in the creation and passage of this legislation. This legislation becomes effective September 1, 2007.

Juvenile Justice

The 80th Texas Legislature was rocked by the exposure of wide-spread sexual assaults being committed in our state's juvenile justice facilities.

Omnibus Juvenile Justice Reform. SB 103, by Sen. Hinojosa, D-McAllen, was the omnibus bill that sought to completely reform the juvenile justice system in Texas. It included massive reforms that had been sought by advocates for years. The bill includes these reforms to the Texas Youth Commission:

• Requires TYC to provide 300 hours of training to guards before they begin their duties at facilities and to maintain a ratio of at least 1 guard for every 12 youth committed to the facility.
• Creates an appeals process for sentence extension orders.
• Requires annual inspections of county juvenile facilities by local judges and the Texas Juvenile Probation Commission.
• Requires TYC to establish a special prosecutor as well as an office of inspector general for the purpose of investigating and prosecuting criminal acts among TYC youth, guards, and other TYC employees.
• Establishes an independent ombudsman.
• Enhances criminal penalties for sexual offenses against TYC inmates.
• Prohibits TYC from assigning a child younger than 15 years of age to the same dormitory as a youth at least 17 years of age.
• Requires a chaplain be appointed for each TYC institution.
• Mandates internal and external audits.

The ACLU of Texas was instrumental in the creation and passage of this legislation.

School District Registration. SB 6 by Sen. Zaffirini, D-Laredo, mandates local prosecutors to contact superintendents of local school districts within 24 hours of convicting a student of a crime that requires registration as a sex offender. The law also requires the removal of the student from the classroom and placement into a Juvenile Justice Alternative Education Program. This bill becomes effective September 1, 2007.

Prison Conditions

During the 80th legislative session, lawmakers filed several bills that address the conditions of confinement in state correctional facilities.  More than 100 prison and state jail facilities comprise the state prison system.  During 2005, Texas incarcerated nearly 170,000 adults.  Over the last 30 years the prison system significantly grew and continues to strain resources and limit the Texas Department of Criminal Justice's (TDCJ) ability to provide adequate services like health care and rehabilitation programs to prisoners.

Legislators approved the expansion of the TDCJ's population by at least 2,000 new beds, authorizing bond funding for three new prison units.  As a result of continued prison growth, stakeholders continue to question the effectiveness of TDCJ's ability to successfully rehabilitate the prisoners who will return to Texas communities. 

Access to Medical Care. TDCJ releases nearly 70,000 prisoners from state prison facilities every year.  Many prisoners were exposed to life-threatening infectious diseases during their incarceration and prisoners frequently require more health care than the average Texan because of a history of substance abuse and poverty.  Consequently, the ACLU of Texas encouraged the Legislature to properly staff the state prisons with necessary medical personnel.  This proposal is a policy rider included in appropriations legislation. 

Elimination of Prison Sexual Assault. The ACLU of Texas was instrumental in the creation and promotion of HB 1944, by Rep. Coleman, D-Houston, and SB 1175, by Sen. Ellis, D-Houston.  Both pieces of legislation significantly address the problem in-prison sexual assault and work to improve accountability of prison rape investigations.  During 2005, of the 1,418 sexual assault allegations reported by states, 511 or 36% were reported in Texas.  HB 1944 was signed by the governor and became effective June 15, 2007. 

Codifying Felon Enfranchisement Policies. HB 770, by Rep. Dutton, D-Houston, would have required TDCJ to provide prisoners with written notification of voter eligibility and a voter registration application at the point of discharge.  Texas allows formerly incarcerated adults to vote after they complete their sentence or the terms of probation or parole (or "off paper").  The ACLU of Texas advocated for the passage of HB 770 and although the bill received overwhelming bipartisan support in both houses of the legislature, Governor Perry vetoed this legislation.

Other Trends. Several other pieces of legislation were filed that impact the conditions of confinement, including measures to expand private prison capacity, facilitate television access to death row prisoners, and policies to improve safety in county jail facilities.

Harm Reduction

Needle Exchange Pilot Program. SB 308 by Sen. Deuell, R-Greenville, would have provided a needle exchange program for intravenous drug users. This life-saving legislation would have allowed Texas health care professionals to use needle exchange as part of their harm reduction efforts to prevent the spread of HIV and hepatitis. Although SB 308, which passed the Texas Senate, was denied a vote in the full House when the Chair of the Public Health Committee refused to post the bill in her committee, SB 308's sponsor, Rep. Jones McClendon, came back in the final hour and attached an amendment to a Medicaid reform bill (SB 10) allowing for a pilot needle exchange program in San Antonio. The ACLU of Texas actively supported this legislation.

Criminal Penalty Enhancements

During the 80thTexas Legislature, hundreds of bills were filed to enhance criminal penalties. Texas' large prison population is in part a result of increasing criminal penalties for non-violent petty crimes. Texas's prison population will continue to burst at the seams if the Legislature continues to boost criminal penalties.  Some of the bills passed into law by the legislature include:

Credit Card Fraud. HB 887 by Rep. Helen Giddings, D-De Soto, increases the statue of limitations for a crime involving credit card abuse or fraudulent use or possession of identifying information, from three to seven years. 

Theft of Certain Metals. HB 1766 by Rep. Peņa, D-Edinburg, increases the penalty for theft of aluminum, bronze, or copper wiring from a class A misdemeanor to a state jail felony.

Vehicle Burglary. HB 1887 by Rep. Truitt, R-Southlake, increases the penalty for habitual burglary of vehicle from a class A misdemeanor to state jail felony.

Sexual Assault. SB 75by Sen. Shapiro, R-Plano, mandates that a person convicted of a second sexual assault crime be given life without the possibility of parole.

All the above mentioned bills were signed by the governor and become effective September 1, 2007.

Death Penalty

The Texas Legislature has expanded eligibility for the death penalty to include certain sex offenses against minors.  HB 8 by Rep. Riddle, R-Houston, creates a new capital crime for continual sexual abuse of a minor. HB 8 also extends the statute of limitation for sexual related crimes and imposes a life without parole sentence in a case of continual sexual abuse of a minor when the district attorney chooses not to seek the death penalty.  This bill becomes effective September 1, 2007.