From the desk of Allen Vaught

Family Matters
During the months between legislative sessions, the committees of the Texas House of Representatives meet to examine issues relevant to their jurisdiction. These issues are known as interim charges.

Members of the Juvenile Justice and Family Issues Committee, on which I serve, recently held a hearing in Mesquite. The subcommittee on Child Support and Paternity Fraud met to hear testimony related to two of our interim charges.

During the hearing we discussed child support guidelines and formulas, specifically considering whether the current methods provide adequate support. The subcommittee also considered the laws governing paternity and related fraud.

Child Support
Alicia Key, Director of the Child Support Division at the Office of the Attorney General (OAG), provided background information to the committee. Texas is one of only ten states which use the obligor’s income as the only factor for determining child support. Thirty-six states consider both parents’ incomes and include adjustments for parenting time.

Texas law specifies twenty-four reasons that a judge may deviate from the standard formula used to determine child support. The top three most often used are an agreement of parties, possession time, and multi-family formula (used in instances when a father has children with more than one mother).

According to Ms. Key, the OAG surveyed judges in Travis County and found that 81% seldom varied from the standard guidelines. In the cases handled by the OAG, the formulas are strictly followed 75% of the time.

Although the judges are allowed to deviate from the formulas, other factors - such as time constraints or court over-crowding – often prevent justices from thoughtfully considering all available factors. Suggestions to the subcommittee included both mandating judicial review of the reasons for deviation and changing the child support formulas.

College Funding
During the discussion of child support, the discourse turned to the concept of awarding support to cover the costs of college. When setting child support payments, Texas law does not currently address college funding.

The testimony suggested that mandating a parent’s responsibility for a child’s college education would be an extremely difficult task to enforce. Further, the state does not require married couples or adoptive parents to pay for a child’s college education. Requiring parents with child support obligations to do so would place an additional undue financial expectation on them.

Paternity
Scientific advances in DNA testing generated the subcommittee’s examination of paternity statutes. Some who testified claim science has gotten ahead of the law in terms of establishing paternity.

Establishing paternity holds important health implications, especially when children are born with inherited diseases or disorders. Although some health problems are easy to determine at birth, others do not appear until later in life. In either instance, to best treat medical conditions it is helpful for doctors to know the family medical history of both the mother and the father.

Under current law, it is difficult to set aside a court order of paternity or to rescind an acknowledgement of paternity once it is established. The current statute of limitations to challenge paternity expires after four years of establishment.

Next steps
Many parties affected by current law are interested in seeing changes to many of the procedures commonly followed in family court and by the OAG. In some situations, those who manipulate the truth are inadvertently protected from any consequence. During the next legislative session, the committee will further examine any necessary changes to ensure all people involved in these sensitive situations are treated justly.

Matters covered by the Juvenile Justice and Family Issues committee are often steeped in emotional turmoil. The answers are not always clear cut. Nonetheless, I remain committed to finding workable solutions to that promote one of our main responsibilities as a society: ensuring the safety, good health and well-being of our children.

As always, if you have any questions, please feel free to contact my district office at
214-370-8305.

From the desk of Rep. Allen Vaught

Representative Vaught listens to testimony from Mr. Shannon Edmonds of the Texas District and County Attorneys Association

Criminal Jurisprudence Interim Committee Work
During the months the legislature is not is session, the standing committees of the Texas House of Representatives meet to discuss interim charges. Interim charges provide an opportunity for the committees to hold hearings, study issues confronting the state, and ultimately make recommendations for action.

I currently serve as the Vice Chairman of the House Committee on Criminal Jurisprudence. This committee holds jurisdiction over matters pertaining to criminal law, probation and parole, as well as criminal procedure in the courts, and revisions to the Texas Penal Code.

Recently, the committee held a two-day hearing at Eastfield College to examine four interim charges. The topics discussed included problems with the current deferred adjudication system, dual trials for capitol murder defendants, adding salvia divinorum to the Controlled Substance Act, and examining the criminal trespass statute.

Deferred Adjudication
Challenges have developed with Texas’ the system of deferred adjudication. Currently, a defendant may enter into a plea-bargain agreement with a criminal court in which formal judgment is withheld or “deferred,” pending the outcome of a probationary period.

At times this means that despite having met all conditions imposed by the court, a non-violent offender who never again crosses the law may continue to have his personal life impacted in the form of difficulty obtaining a job or even visiting his own child at school.

Conversely, there is no restriction on deferred adjudication being offered to a murder defendant. Presently, the crimes expressly exempted from deferred adjudication are limited. The intent and parameters of deferred adjudication need to be clarified to be consistent with our expectations of justice.

Testimony was provided by Dallas County District Attorney Craig Watkins, Harris County District Attorney Kevin Keating, along with representatives from the Texas Board of Pardons and Paroles, the Texas District and County Attorney’s Association, and the Texas Criminal Defense Lawyers Association. The committee also heard from numerous individuals whose lives have been impacted by their decision to take a plea of deferred adjudication.

This is a complicated issue that requires a cautious approach when determining how best to uphold the law while not continuing to punish people beyond what is deserved.

Dual Trials for Capital Murder Defendants
Dual trials gained attention when Governor Perry commuted the sentence of Kenneth Foster last year. Foster, though not convicted of murder, was the driver in a robbery during which a murder occurred. Testimony at the hearing indicated a consensus that capital murder defendants need to be afforded the option of having their trials split.

Salvia Divinorum
Salvia divinorum, a plant from the mint family, is an herb that may be legally sold in Texas. In its description of the substance, the US Drug Enforcement Administration (DEA) characterizes the plant as having hallucinogenic effects.

Currently, the DEA is studying the appropriateness and effectiveness of adding Salvia divinorum and Salvinorin A to the Federal Controlled Substances Act. About twelve states limit the possession or distribution of Salvia divinorum in some form, with several others considering adding restrictions to their laws.

Two bills were introduced in the Texas legislature last session that would limit the sale of Salvia to minors and add it to the state's controlled substances list. Neither bill completed the legislative process to become law.

The committee heard testimony from members of the public who expressed concern that the use of this drug is beginning to be more prevalent among teenagers. Some would like this substance regulated by the state and considered a controlled substance. Others prefer to not put the herb on the controlled substances list and simply prohibit that sale to minors.

Criminal Trespass
Several bills related to criminal trespass passed the legislature last session. The legislation ranged in scope from clarifying enforcement issues to changing the severity of penalties. Governor Perry subsequently vetoed these bills, reasoning that the legislation was redundant.

In light of the governor’s opinion, one proposal made to the committee suggested rewriting the criminal trespass statute. A complete revision is touted to provide a statute that is easily understood and consistent for both enforcement and punishment purposes.

During the last hearing, the committee listened to testimony from the Texas Association of Campground Owners and the police chief of New Braunfels who were advocating for passage of legislation dealing with the trespass issue.

Next Step
The hearing process for interim charges is complete for the Criminal Jurisprudence committee. The committee will now develop its report to the legislature summarizing the testimony and making recommendations for action during the upcoming session.

As always, please feel free to contact my district office at 214-370-8305 with any questions regarding these or other state issues.

White Rock Lake Task Force

When: Wednesday, September 24, 2008 4:00 PM-6:00 PM
Where: Doran Point 8007 E. Northwest Hwy
*~*~*~*~*~*~*~*~*~*
Tentative Agenda
1. Spillway Project Update
2. Northwest Highway Elevation Project
3. Fish Hatchery Project Proposal
4. Winfrey Point: Split Rail Fence & Emerald Isle Parking Area
5. West Lawther Trail Improvements
6. "Migi's" Point Proposal
7. Northwest Shoreline Near The Cloisters
8. Miscellaneous Updates
a. Lighting Master Plan Committee
b. Runners / Cyclist Safety Committee
c. White Rock Lake VIP8. Future Meetings Schedule
9. Announcement
Adjourn

Calloway's Timely Tips for October Gardeners

Calloway’s Timely Tip for October


Remember too, as September gives way to the cooler days of October, this is a good time to evaluate your landscape. Did you know that fall is one of the best times to plant trees, shrubs and perennials? Nursery stock planted now will have an opportunity for roots to settle in and become established. When spring arrives, this root system can support and take full advantage of the surge of new growth. Fresh nursery stock is arriving daily so, stop by and take advantage of the selection available and this wonderful time of the year to work outdoors!

We are also excited about more heirloom bulbs from The Southern Bulb Company. Remember, this is the Texas company known for searching out and rescuing “lost and forgotten” varieties. The Leucojum aestivum, better known as “Snowflakes”, is by far one of the most adaptable bulbs ever offered in Texas . Clusters of dime-sized blooms emerge in February accented by bluish green foliage. The ‘Grand Primo’ Narcissus is treasured for its long lasting blooms and robust foliage. This reliable bloomer’s fragrance is light and sweet and the flowers appear in late February through March. ‘Golden Dawn’ Narcissus grows 14” -16” tall and is multi-flowering. Enjoy a sweet, clean fragrance year after year usually in mid-March. As a good "rule of thumb" for most bulbs, plant at a depth about three times the height of the bulb.

Also, new this fall is a program which offers the early purchase of pre-chilled bulbs. Several varieties of Tulips, Narcissus and Hyacinths are available for purchasing now with delivery in December-ready to go into the ground. Gardening made easy!

Calloway's Timely Tips for September Gardeners

Fall Lawn Care

Football season is here but it’s not quite time to retire the mower or fertilizer spreader. Fall is an important time to replenish nutrients and prepare for next spring. Calloway’s Premium Lawn Food, with a 21-5-10 formula, supplies the needed nutrients to stimulate root development, make your grass hardier for the winter months and provide food for next spring’s growth! Apply it this month or the first of October, and then you can watch the games. For those who are organic gardeners, Calloway’s Organic Fertilizer contains seven food grade meals.

This is also the time to apply preemergents to control those unseen broadleaf and grassy weed seeds to prevent them from sprouting over winter and spring. Apply Greenlight Crabgrass Preventer with Dimension for grassy weeds and Portrait for those pesky broadleaf weeds. For our organic gardeners, use Corn Gluten Meal as a natural preemergent.

So, don’t kick back and settle into football season quite yet-finish those last lawn chores and be a winner next spring!