Mental Aikido

Veto? Bill Targets NPOs For Political Donations

2013-05-21T12:28:00.002-05:00

On May 14, 2013 the Texas 83rd Legislature passed a bill requiring Non-Profits to report all political donations if they total over $25,000.

(3) makes one or more political expenditures, excluding expenditures authorized by Section 253.098, 253.099, 253.100, or 253.104, that in the aggregate exceed $25,000 during a calendar year.

Furthermore, SB 346 requires itemization of contributions exceeding $1,000.

Sec. 254.283. CONTENTS OF REPORT. (a) Itemization of a contribution under Section 254.031(a)(1) is required only if the contribution exceeds $1,000 during the reporting period.
(b) The first report required to be filed in a calendar year in which the $25,000 threshold under Section 254.281(a)(3) is exceeded must include all political contributions accepted and all political expenditures made in that calendar year.

Of note, labor unions are exempt from reporting political donations.

(b) This subchapter does not apply to a labor organization or any subordinate entity or associated account of a labor organization.

Though the bill has been forwarded to the Governor's Office for action, Governor Rick Perry has not yet signed it into law. The full enrolled version of the bill forwarded to the Governor is available this link.

Call To Veto: Concerns Over Targeting Political Donations

Erick Erickson of Red State Magazine (and WSB Radio in Atlanta, GA) published an editorial on the bill.

Mr. Erickson makes several key points in his argument for veto of this bill. Perhaps one of the key points he made was that reporting and releasing the names of donors could bring unethical and illegal targeting against these organizations or their individual donors.

Mr. Erickson cites such activity in Wisconsin and California in the recent past. In addition, the recent revelations of IRS targeting specific groups for special auditing aggravates these examples.

Beyond Mr. Erickson's well-stated debate, there are other issues proponents of a veto add.

One such item of consideration is the US Supreme Court's decision in the controversial Citizens United case. The US Supreme Court decision may apply to potential misuse and targeting promoted by the SB 346 mandate to report all political donations by non-profit groups.

Another argument for veto may include 14th Amendment violations. The bill targets specific groups who are not conducting illicit activity. The political donations reporting law could, feasibly, be considered to deny just and equal treatment under the law. This point is exacerbated by the final argument in favor of veto.

Among the several stated reasons to veto the political donations reporting bill, SB 346, is the exemption for labor unions. It is public knowledge that the largest labor unions in the US make routine political donations on behalf of their members. Their contributions almost exclusively go towards one political party. Exempting labor unions from these political donation accountability laws appears to specifically target those NPOs who donate to the opposing party. The bill, therefore, is biased and unethical. Should labor unions also be required to report political donations and contributions, the bill would be far more equitable.

In addition, most labor unions make these political donations regardless of the political ideology of their members. They collect the union membership dues and make political donations from those dues.

Based upon the several questions and counter-points to the bill, it will be interesting to see Governor Perry's resulting actions. His decision could have a huge impact on any future political aspirations.

Drug Testing For Unemployment Subsidies

2013-05-20T09:43:00.001-05:00

The Texas state Senate passed SB 11, a bill to initiate drug testing for food stamps and other government assistance programs. The bill is set for a floor vote in the Texas House in the near term.

A second senate bill, SB 21 takes drug testing a step further. The bill sets conditions for requiring that testing. If the person seeking unemployment subsidies is in a field whose employers routinely require drug testing as conditions for employment, the unemployment office will also conduct testing as part of eligibility screening for those subsidies.

The gist of the bill indicates that if the applicant's former employer conducts drug tests, the unemployment office will follow suit.

  Sec. 207.026.  DRUG SCREENING OR TESTING AS CONDITION OF BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS.
(a)  The commission by rule shall adopt a drug screening and testing program as part of the requirements for the receipt of benefits under this subtitle by an individual to whom Section 207.021(b-1) applies. The program must:
             (1)  comply with the drug testing requirements of 49 C.F.R. Part 382 or other similar national requirements for drug testing programs recognized by the commission; and
             (2)  be designed to protect the rights of benefit applicants and recipients.

A positive, or suspicious result of a drug test could mean denial of unemployment benefits. The applicant may return 4 weeks or more later and re-apply. That application will include a subsequent drug test.

An individual whose drug screening assessment indicates a reasonable likelihood of use by the individual of a substance subject to regulation under that chapter must submit to and pass a drug test administered by or on behalf of the commission to establish the individual's eligibility for benefits under this subtitle. An individual who is determined to have failed a drug test under this subsection under a final determination or decision made by the commission under this section is not eligible to receive benefits under this subtitle until the individual has passed a subsequent drug test administered by or on behalf of the commission not earlier than four weeks after the date the individual submitted to the failed drug test.

Positive results from a drug test are not an automatic disqualifying factor, though. There are certain mitigating aspects and appeals. For instance, if the applicant is enrolled in a drug rehabilitation program, they may, under certain circumstances, still receive unemployment benefits.

      (c)  Notwithstanding Subsection (b), an individual is not disqualified from receiving benefits based on the individual's failure to pass a drug test if, on the basis of evidence presented by the individual, the commission determines that:
             (1)  the individual is participating in a treatment program for drug abuse;
             (2)  the individual enrolls in and attends a treatment program for drug abuse not later than the seventh day after the date the individual receives initial notice of the failed drug test result; or
             (3)  the failure to pass the test is caused by the use of a substance that was prescribed by a health care practitioner as medically necessary for the individual.
       (d)  The commission by rule shall prescribe procedures for an appeal and the retaking of a failed drug test by an individual under this section.

If the applicant appeals and the initial test is deemed to have been a "false positive", then the Texas Workforce Commission must reimburse the applicant the costs of the tests.

(2) full payment by the commission of the costs of the retaking of failed drug tests by any individual who contests the individual's failed drug test as a false positive result and passes a subsequently taken test.

SB 21, drug testing to receive unemployment benefits, faces a Texas House vote some time this week. The full text of the engrossed bill sent to the House is available at this link.

Why Happy Clingers' 'Love' Guns

2013-05-18T08:36:00.004-05:00

Why we "love" our guns.

The reasons seem to escape so-called "bleeding hearts". Those of us who hold the Second Amendment protections so dear "get it". Those who question "why do you need a gun?" simply don't want to acknowledge the real world around us.

Those who promote infringing or repealing the Second Amendment portray law-abiding gun owners as "violent kooks" or "bitter clingers". Some of those that understand our reasoning want a tyrannical government in which they are part of the oppressive oligarchy. Others who understand our reasoning but promote infringing upon that natural right wish for an environment more permissive for violent criminals. Those that don't buy into their false rhetoric and propaganda.

We appreciate the engineering and aesthetics, sure.

Human beings love art and engineering. Good engineering is a form of pragmatic art. We can look at the Capitol Building in DC. It has a pragmatic function. It has offices, meeting rooms, and the congressional floors. However, its iconic image is impressive and beautiful. The architectural engineering is both art and function.

It is the same with firearms. Older weapons carry with them history. You can look at an M-1 from World War I and appreciate its place in history. You can also look at a "Peacemaker" that was personalized and decorated in a similar way. You feel its place and role in history when it helped "tame" the "wild west".

Today, we can marvel at the engineering and inventive beauty behind several designs. For example, Kahr makes a .45 cal. concealable pistol. In the mid-20th century, such a feat seemed unimaginable. Yet, today we have a pistol small enough to comfortably conceal that won't remove your hand from your wrist on the range.

Another great and aesthetic marvel is the gun made from a 3D printer. Just 10 years ago, this concept was pure science fiction, like teleporter beams in Star Trek.

We like the feel of the recoil and the sense of achievement when we see the bullets strike the center of the target on the range.

Competitive marksmanship takes a lot of practice and a lot of work. Like martial arts and most other sports, it takes discipline and determination. Even the basics of marksmanship takes practice to acquire.

I taught rifle marksmanship to young lieutenants in the US Army. Many had been through basic marksmanship courses already. However, most were at a level they celebrated making just the minimum qualification standards. Through 4 days of intense, hands-on training, I helped many of them greatly improve their scores.

There is a sense of achievement when a neophyte shooter puts those first few rounds downrange and hits somewhere on the target. As they improve, so do their spirits. Determination supplants the initial apprehension and fear of the noise and recoil. Familiarity brings respect of the engineering. It also makes the shooter safer. Somebody using a gun who is afraid of it is unsafe. Respect of the weapon along with familiarity with how they work makes them safer to handle.

Like with martial arts, the more a marksman practices, the more confident they become. Marksmanship isn't just pointing and pulling a trigger. It involves how you position your body. It involves breath control an maintaining a clear head. It involves maintaining firearms. It includes handling the weapon safely, knowing how to load, unload, and clear a firearm. It also brings knowledge of your own capabilities and vulnerabilities. Then, just like in martial arts, when you are confident in what you can do, you become aware of what is really necessary to do. Just because you know you can land a back-spin kick against the side of a guy's head faster than he has a chance of blocking it doesn't mean you have to. You know you can if you need to. The need to do so, however, becomes lower. You know you can, so you can just smile and nod knowing this "potential threat" really is not a threat.

It is the same with marksmanship. You have the gun. You can use the gun. You are confident that you can defeat the perceived threat. You are prepared if it becomes a real threat. The threat diminishes. Your fear is abated. Nobody gets hurt, and the gun is never taken from its holster.

We like the food we bring home from a good hunt, sure.

Hunting has been a human survival tool since Grog first sharpened a stick and learned he could throw a rock. Today, humans have advanced to the point most of our food comes from agricultural activities such as ranching and farming.

However, hunting still remains. For many, it is an outdoor pastime and hobby. However, it still serves several purposes. We tend not to herd several animals that are still "good eatin'", such as deer. We hunt them.

In many areas, the deer population has grown to dangerous levels. If not reduced through a "natural predator", their population will threaten not only agricultural efforts of humans but the habitats of other animals. Hunting them keeps their numbers at levels good for the species and good for the environment.

The same goes for wild hogs and boars.

The practice also allays concerns over human survival should technology or government fail causing civilization to fall into dystopia such as in "The Walking Dead".

But those are not why we "love" our guns.

We "love" our guns because we love what they better enable us to protect:

We love our families.

That should be a given. As humans, we are family-oriented social creatures. Most religions include some variation of honoring your family name, your parents, and doing their reputations proud.

It is a natural inclination to advance our species. It's instinct. For humans, that means our families. We look to our children to continue our lines in order to preserve our ancestry.

We love them. So, we want them to thrive, protected from harm.

To do so, the responsibility falls first on families and individuals to protect themselves. Additional law enforcement, protection, and security personnel are supplementary to those efforts. They are not meant to be the primary means. In the United States, the Supreme Court decision in the Gonzales v Castle Rock case drives that point home.

We love our US Constitution and the American Dream.

Is the Constitution perfect? No. However, it still stands as the best foundational and supreme law of any land on the planet. No other system of government promotes individual liberty and prosperity as well. The US Constitution is designed to grant a necessary centralized federal government with very limited powers and authority necessary to enable a national based upon the rule of law, not the whims of man.

The American Dream is one of individual opportunity to pursue happiness. John Locke defined that pursuit as the acquisition, trade, and accrual of property, be it physical or intellectual. We thrive on the fruits of our labors. To do so, we must be afforded the means to protect those fruits from vandalism or theft. Our very lives are dependent upon what we build, grow, and achieve. The American Dream is that we can succeed and thrive on our individual efforts or fail, trying, without some tyrant hindering our efforts.

We understand that there is no such thing as a free lunch. We don't want somebody acquiring a cheap lunch by using force to deny us the fruits of our efforts in providing our own.

We love our natural rights of life, liberty and property (also called the pursuit of happiness).

As already illustrated, our natural rights are intertwined with our survival as a species, the supreme laws of our land, and the American Dream.

Part of the natural right to life is the ability to protect it, to fight for it, to defend it. Only with the inherent right to defend our lives can we enjoy the natural right to have them.

Liberty is our freedom to live and enjoy other rights and privileges as long as we do not infringe upon those of others. There are forces of evil in the world. That is a fact. There are those who seek to deprive us of our liberties. We should not seek them out to eradicate them, though. That could easily turn to tyranny and deprivation of those very liberties to others.

However, our liberties must be guarded and protected. That requires individuals to be allowed to arm themselves adequately enough to repel any tyranny or evil that attempts to steal our liberties.

The Pursuit of Happiness is property, be it intellectual, physical, or spiritual. We work hard to acquire it. Our labors and the trade of portions of our live to provide goods and services is compensated monetarily. That compensation can then be traded to acquire properties we are not able to create ourselves, such as some food stuffs or automobiles or iPads.

Nobody should be allowed the right to take those fruits of labors, that pursuit of happiness, from another by force. To prevent that, reasonable, hard-working, law-abiding citizens require the means to protect themselves and their families.

The right to keep and bear arms is one of the natural rights, bestowed by our creator. It is the means to insure the other natural rights from being infringed or stolen by force. The Second Amendment does not grant that right. In its own wording, it preserves and protects that natural right.

And we are willing to die for them.

No, we are not willing to die for our guns.

Historically, though, we are willing to die over the ideals of natural, individual rights. Brave men and women throughout history have placed their own lives and well-being on the line to defend those rights of others. Molly Pitcher did so. Patrick Henry did so. Sergeant First Class Schuyler Haynes did so.

Senator Ted Cruz did so. He went to battle to defend individual rights to include the Second Amendment when he was part of the litigation team that won the Heller v DC Supreme Court trial.

The tradition continues. Those who claim to "support the troops" must, regardless of political party affiliation, then also support what those military service members swore a solemn oath to support and defend. Their first loyalty is to the US Constitution and the base ideology explained by the Federalist Papers. That means, in its purest form, individual natural rights of each individual US Citizen.

More than that, we pray we are able to protect them so that we don't have to.

All those things we hold so dear and precious must be guarded, defended, championed, and protected.

We don't love our guns, folks. We love those people, freedoms, natural rights, prosperity, opportunities, and dreams. Guns are just the current, modern tools that help us to defend those things we hold most dear.

That is why we love our guns.

Now do you "get it"?

Texas Moves To Restore Gun Rights

2013-05-17T09:52:00.004-05:00

Several gun rights bills aimed at restoring the Second Amendment to Texas citizens have been circulation Texas's 83rd Legislature.

Some of these bill were previously stonewalled and left "pending in committee". Others, such as the one regarding storage and transportation of firearms on college campuses, are regarded as ineffective attempts at compromise.

Texas has been doing this legislative two-step regarding gun rights since the Sandy Hook shooting in Newton, CT.

Three bills recently had positive movement. They appear to be headed towards passage and execution by Governor Perry.

Protecting Gun Rights: Nullification of Seizures

HB 1314 better insures gun rights and Second Amendment protection by prohibiting law enforcement officers and government officials from seizing firearms. Under this bill, it will be a misdemeanor for any law enforcement or government official to take away a firearm under any law that is not part of Texas state statutes. For example, if a federal law were passed to seize any rifle that looked like an AR15, it would be a crime against the officer to seize the firearm.

Sec. 46.16. UNLAWFUL SEIZURE OF FIREARM. (a) A person who is an officer or employee of the United States, this state, or a political subdivision of this state commits an offense if the person, while acting under color of the person's office or employment, intentionally or knowingly seizes a firearm as permitted or required by a federal statute, order, rule, or regulation that imposes a prohibition, restriction, or other regulation on firearms that does not exist under the laws of this state.

The full text of the engrossed bill is available here. HB 1314 already passed the Texas House. It is on the Senate intent calender and will likely be passed within the next few days.

State Officials Will Not Infringe on Gun Rights

HB 928 appears similar to HB 1314. Like HB 1314, 928 has passed the House and is on the Senate intent calender. It also is likely to pass the legislature and head to Governor Perry within the next week.

HB 928 makes is a crime for any government official to assist federal officers in enforcing any federal infringement of gun rights that is not also a Texas state law. The organizations are also prohibited from accepting any funding from a federal program directed at restricting or seizing firearms or accessories.

(b) An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.

(c) A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision requires the enforcement of any federal statute, order, rule, or regulation described by Subsection (b) or, by consistent actions, requires the enforcement of any federal statute, order, rule, or regulation described by Subsection (b). State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required the enforcement of any federal statute, order, rule, or regulation described by Subsection (b).

The full text of the engrossed bill to be voted on by the Senate is available here.

Gun Rights On College Campuses

As graduates prepare to cross the stage at Texas A&M University, San Antonio Campus, some of them will, undoubtedly, wish this bill were passed years ago.

Texas nears passing the controversial "campus carry" bills that would allow concealed carry licensees to carry on college campuses. With violent crime on college campuses on the rise, this appears the best solution to protect students. Across the nation, most states ban firearms on college campuses. Some believe that these "gun free zones" create an environment permissive to rape, armed robbery, and other violent crimes.

HB 972 will allow concealed carry licensees to carry concealed on campuses. It allows for private colleges to apply further restrictions with the consent of the student body. Within reason, colleges may request exemptions for select buildings and structures on the campuses.

The Senate companion bill, identical in text, is still stalled in committee. However, campus carry and gun rights advocates are watching HB 972's progress in the Senate. The bill (full engrossed text available here) will see a floor vote within the next few days.

Some Gun Rights advocates believe the new law gives too much power to the colleges. However, especially in the cases of private universities, property-owners' rights must apply as well.

TX Electronic Voter Registration Reform

2013-05-16T13:59:00.001-05:00

A recently passed Texas law reforms electronic voter registration. HB 2263 does not directly apply to initial electronic voter registration. Rather, it reforms how voter registration certificates (registration cards) are requested electronically and how they will be delivered.

HB 2263 has passed both houses of the Texas 83rd Legislature and is bound for Governor Perry's signature.

The new law enables voters to request replacement voter registration certificates electronically. However, it mandates those new certificates be mailed only to the address on record with the Secretary of State.

Voters can now request the new certificate via email or other electronic means. In addition, voters can make the request via telephone. However, changing address requires the request to be made in-person. The replacement cards are only in the event of damage or loss.

obtain a replacement certificate by:
             (1)  delivering a written or electronic[~~, signed~~] notice of the loss or destruction to the registrar; or
             (2)  telephoning the registrar to request a replacement.
       (b)  A replacement certificate requested electronically under Subsection (a)(1) or by telephone under Subsection (a)(2) may be sent only to the mailing address on the voter's registration records.

The registrar (under the Secretary of State) must maintain a hard-copy of the request attached to the registered voters' records.

(d) [~~(c)~~] The registrar shall retain a written or electronic [~~the~~] notice submitted under Subsection (a)(1) on file with the voter's registration application. If the voter requests a replacement registration certificate by telephone under Subsection (a)(2), the registrar shall make a written record of the request and keep the record on file with the voter's registration application.

The full law as enrolled and forwarded to the Governor's Office is available here.

Affects On Voter Registration Fraud

Mandating electronic voter registration replacement requests return a certificate only to the residence of record may help to combat voter fraud. Some individuals perpetrating voter fraud will request replacement cards under a stolen identity, attempting to receive them at a new address. The criminals will then vote in place of the actual registered voter.

However, this law may also permit another form of voter fraud. In some cases, voter registration volunteers will assist voters in registering. However, they put a different address on the registration. The registrations then go to someone intending upon fraudulently using the registration to vote in place of the intended registered voter. Should the fraudulent address be substituted on the initial registration form, the voter will not be able to receive a replacement card.

Other new laws may assist in prevention of the second scenario. For example, one new law restricts how many early and absentee ballots a voting assistance officer/volunteer may return to 10. Others require certain proof of residence and identity when initially registering to vote. Combined with HB 2263, they may better increase voter integrity in Texas.

Texas Education Reform Targets Truancy

2013-05-15T12:23:00.000-05:00

Three truancy related bills are circulating the Texas state legislature.

The previously reported SB 1234 establishes programs to prevent and combat truancy. The law also makes truancy a criminal offense. The bill has passed the Texas Senate. The bill has circulated the various House committees and submitted with a favorable recommendation. It may soon see a house floor vote.

SECTION 7.  Subsection (e), Section 25.094, Education Code, is amended to read as follows:
       (e)  An offense under this section is a Class C misdemeanor punishable by a fine not to exceed:
             (1)  $100 for a first offense;
             (2)  $200 for a second offense;
             (3)  $300 for a third offense;
             (4)  $400 for a fourth offense; or
             (5)  $500 for a fifth or subsequent offense.

Two related bills originated in the Texas House of Representatives. HB 1021 designates judicial jurisdiction for hearing cases regarding the criminal charge of "truancy". This truancy bill is directed at truant students. The House passed the bill. It has been engrossed and forwarded to the Texas Senate.

(2) a justice court designated to hear cases arising under this section [~~of any precinct~~] in the county in which the individual resides or in which the school is located, or if no justice court is designated, a justice court of any precinct in the county in which the individual resides or in which the school is located;

The second truancy bill targets the parents of truant students, if they are accused of directly causing the truancy or negligently failing to cease the truancy.

AN ACT relating to venue for the offense of a parent contributing to a child's failure to attend school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 25.093(b), Education Code, is amended to read as follows:
       (b)  The attendance officer or other appropriate school official shall file a complaint against the parent in:
             (1)  the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;
             (2)  a justice court designated to hear cases arising under this section [~~of any precinct~~] in the county in which the parent resides or in which the school is located, or if no justice court is designated, a justice court of any precinct in the county in which the parent resides or in which the school is located

Possible Intentions of Truancy Bills

Truancy can be a problem for Texas public schools. Some Texas schools have begun employing RFID chips in student ID cards in order to track attendance. This practice has already drawn controversy since the school districts admitted that low attendance numbers inversely affect state and federal funding. If students aren't showing up to school, the schools do not receive ADA funding.

ADA Funding is the program that allocates some of a school's financing based upon Average Daily Attendance. A calculations is done to determine the average attendance and how much, per student, per day, the school receives. While the program could easily be reconfigured into a voucher program, it currently is used for only public and some open-enrollment charter schools.

In effect, it is a "bonus" given to the school based upon the number of students enrolled and how many actually attend a minimum portion of a school day. It is also a means to redistribute wealth. See this publication from the Texas Education Administration (TEA) on how ADA and other school financing programs work.

In many areas of the state, drop-out and truancy rates may be responsible for lower than expected school assessments and ratings. Texas prides itself of the achievements of its public and open-enrollment charter schools.

Texas has a growing economy. Many companies are relocating to Texas due to many opportunities for growth and prosperity. Those employers need skilled and educated employees. Most programs that create those skilled workers and jobs require a high school diploma or equivalent. Curbing truancy is essential to continuing this growth.

The growing drop-outs and will be unable to fill those positions. In addition, they will increase the number of unemployed workers in the state. Along with the lack of employment opportunities due to a lack of education and certification, these drop-outs will increase tax-payer burdens for programs such as SNAP (food stamps), medical expenses, and housing subsidies.

Truancy Bill Help Immigration Reform

The truancy bills are also intended to assist immigration reform. Many students become truant due to their immigration status. Children smuggled across the border at a young age are raised as though they are American citizens. However, they are in the country illegally due to no action of their own. These students commit truancy in order to avoid deportation or prosecution.

Furthermore, the bills target so-called "anchor babies". "Anchor babies" are native born American citizens of illegal immigrant parents. Out of fear of deportation or prosecution, the parents will remove the students from school. The students and parents are then guilty of truancy.

The programs to prevent and combat truancy place these students into state-directed programs established by SB 1234. The intent is to keep them in school and the parents from fleeing to elsewhere in the US. If the children are also in the country illegally, the bill may inspire them to self-deport. In the case of "anchor babies", the programs make it more difficult for the illegal immigrant parents to leave the country with the American citizen child.

Possible Implications of Truancy Bills on School Choice

The three bills draw questions from advocates of school choice. The largest demographic of school choice advocates affected are those who promote and participate in home-schooling.

Though new Texas laws prohibit use of the Common Core State Standards Initiative and other nationalized scholastic standards, there is much controversy over the CSCOPE program. Many in opposition of CSCOPE claim it is a "backdoor effort to sneak Common Core" into Texas school curricula. Members of the Texas Legislature, such as Senator Patrick, have been working to reform and regulate CSCOPE.

However, many parents are still concerned. Some of those concerned parents are seeking and researching the option of home-schooling their children. Many national studies on home-schooling have revealed that home-schooled students perform better in colleges and universities.

These truancy bills may be seen to target home-schooling households. None of the three bills address home-schooling. The criminal offenses they create appear as though they can be used to prosecute home-school families under the crime of "truancy".

This seems to take education reform and school choice initiatives in a reverse direction. Parents considering home-schooling are urged to review Texas state laws regarding home-schooling, truancy, school choice, education code, education standards, and other associated laws in making their decisions.

TX Laws Fight Sex Slavery & Human Trafficking

2013-05-14T12:51:00.003-05:00

The Texas 83rd legislature passed two laws concerning human trafficking and sex slavery. A third has passed the state House and will likely pass the Senate. Other bills are still being considered, but are likely to also pass.

SB 92 (Juvenile Court For Possible Victims of Human Trafficking) Passed, Enrolled, Sent to Governor

SB 92 is a new law pending execution and enactment by Governor Perry. The bill addresses judicial and court jurisdictions and considerations for children who may have been victims of human trafficking. (Full text of the law as passed.)

It allows the court to defer judgement in order to allow for other programs to assist possible human trafficking victims, specifically those under the age of 18.

       Sec. 54.0326.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS PROGRAM.
      (a)  This section applies to a juvenile court or to an alternative juvenile court exercising simultaneous jurisdiction over proceedings under this title and Subtitle E, Title 5, in the manner authorized by Section 51.0413.
       (b)  A juvenile court may defer adjudication proceedings under Section 54.03 until the child's 18th birthday and require a child to participate in a program established under Section 152.0016, Human Resources Code, if the child:
             (1)  is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision and may be a victim of conduct that constitutes an offense under Section 20A.02, Penal Code; and
             (2)  presents to the court an oral or written request to participate in the program.
       (c)  Following a child's completion of the program, the court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child successfully completed the program.

The new law addresses any victim of Texas Section 20A.02 Penal Code. That is the current law regarding Human Trafficking. In many cases, human trafficking is done for slavery purposes. Many times the slavery is work in "sweat shops" or other indentured labor. The "indentured labor" many times means working in the so-called "sex industry" and "adult entertainment industry".

(3)  traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:

(A)  Section 43.02 (Prostitution);

(B)  Section 43.03 (Promotion of Prostitution);

(C)  Section 43.04 (Aggravated Promotion of Prostitution); or

(D)  Section 43.05 (Compelling Prostitution);

In the cases of children, Section 20A.02 adds:

(7)  traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:

(A)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(B)  Section 21.11 (Indecency with a Child);

(C)  Section 22.011 (Sexual Assault);

(D)  Section 22.021 (Aggravated Sexual Assault);

(E)  Section 43.02 (Prostitution);

(F)  Section 43.03 (Promotion of Prostitution);

(G)  Section 43.04 (Aggravated Promotion of Prostitution);

(H)  Section 43.05 (Compelling Prostitution);

(I)  Section 43.25 (Sexual Performance by a Child);

(J)  Section 43.251 (Employment Harmful to Children); or

(K)  Section 43.26 (Possession or Promotion of Child Pornography);

SB 94 (Civil Liability For Sex Slavery) Passed, Enrolled, Passed to Governor

SB 94 concerns "compelled prostitution". (Full text of the law as passed.) Compelled prostitution is synonymous with sex slavery. The new law makes human traffickers involved in sex slavery as well as other "pimps" liable for damages under civil suits, in addition to any criminal proceedings.

       Sec. 98A.002.  LIABILITY. (a)  A defendant is liable to a victim of compelled prostitution, as provided by this chapter, for damages arising from the compelled prostitution if the defendant:
             (1)  engages in compelling prostitution with respect to the victim;
             (2)  knowingly or intentionally engages in promotion of prostitution or aggravated promotion of prostitution that results in compelling prostitution with respect to the victim; or
             (3)  purchases an advertisement that the defendant knows or reasonably should know constitutes promotion of prostitution or aggravated promotion of prostitution, and the publication of the advertisement results in compelling prostitution with respect to the victim.

       Sec. 98A.003.  DAMAGES. (a)  A claimant who prevails in a suit under this chapter shall be awarded:
             (1)  actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
             (2)  court costs; and
             (3)  reasonable attorney's fees.
       (b)  In addition to an award under Subsection (a), a claimant who prevails in a suit under this chapter may recover exemplary damages.

HB 793 (Punishments For Human Trafficking) Passed House, Engrossed.

HB 793 better defines what acts are considered associated with human trafficking. It includes aggravated offenses for those who smuggle people and trespass on private lands while armed.

If passed, this bill will enhance the defense and protection of private property, especially those lands used for agricultural businesses such as ranches, orchards, and farms. The full engrossed version of the bill as passed to the Senate is available here.

(a)  A person commits an offense if the person intentionally:
             (1)  uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to:
                   (A) [~~(1)~~]  conceal the individual from a peace officer or special investigator; or
                   (B) [~~(2)~~]  flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor; or
             (2)  assists, guides, or directs three or more individuals to enter or remain on agricultural land without the effective consent of the owner.

Collateral Effects of Human Trafficking and Sex Slavery

Human Trafficking and Sex Slavery activities usually coincide with illicit drug trafficking. Drug cartels will often work in conjunction with sex slavers and human traffickers. Drug cartels will often employ human traffickers to assist in providing "mules" from among the "coyotes" prey.

They perform these actions with no regard or respect for private property. In some cases, cartels and human traffickers have terrorized property owners along the borders of Texas and Arizona into fleeing their land in order to allow the cartels and traffickers to squat on the land with relative impunity. Those who resist the cartels and traffickers fear meeting the same fate as Arizona rancher Robert Krentz, who was assassinated by a drug cartel.

Human traffickers often indenture the border-jumpers they assist. Carrying illicit drugs across the border is one task traffickers force upon their prey as part of the payment for being smuggled across the border. Many times they also indenture the prey into prostitution and pornography. The most likely victims of this form of slavery are young women between 10 and 20 years of age. However, the activity is not only limited to females.

In addition, human traffickers will assist individuals associated with international terrorism to infiltrate the United States. The drug cartels have networked with these extremist groups. Some of these groups can facilitate the trade of opiates and other illicit substances. In return, the cartels assist them in infiltrating the US. Many times, the infiltrations are done in conjunction with human trafficking of sex slaves.

Some of these terrorists go so far as to purchase teenaged girls to be their sex slaves.

Their acts do not end in the border states. That is where they begin. Once inside the US borders, they disperse to states away from the border in order to continue their illicit activities in more permissive areas. They know that citizens of South Dakota are far less likely to look for illegal immigrants, sex slaves, and like than citizens of Sierra Vista, AZ or El Paso, TX are.

The human trafficking of sex slaves is not a one-way street. US Citizens are also abducted or otherwise coerced. They are then transported out of the US. One out of the US, it is far less likely that US law enforcement will pursue attempts to locate and rescue the victims. From Mexico, they are transported around the world.

Major General (ret) Scales addresses these issues in his Foreward to Texas Agriculture Commissioner Todd Staples's book Broken Borders, Broken Promises.

Why Conventions Matter -- BlogCon 2013

2013-05-13T10:54:00.000-05:00

Steve Crowder opens BlogCon 2013 in Dallas, TX
Copyright 2013 by P-G Matuszak

Conventions matter.

These days we have comic book conventions. We have gamer conventions. We have Live-Action Role-Play conventions.

We have conventions for Star Trek, Doctor Who, Star Wars, Game of Thrones, and Firefly fans.

Inside each of us is a "Con Geek". The reason is simple. Everybody has interests and hobbies. It is refreshing, entertaining, informative, and fun to hang-out with like-minded people. For those of us who feel like isolated members of some "fringe" subculture, these conventions allow us to be with our communities. They let us know that we are not alone.

Contributors of Mental Aikido have attended many conventions. The first of any type can be overwhelming, at least for the first 15 minutes or so.

My first convention was the 20th Anniversary of Doctor Who, 1984. Other fans of the show may debate that the show was 20 in 1983. The first episode aired in December 1963. Its first full year aired in 1984, though.

I was star struck. Colin Baker, who was the current "Doctor" at the time, accosted and assaulted a member of my group. She was wearing a hand-knit replica of Tom Baker's iconic scarf. Colin stopped her, mussed up the scarf, then adjusted it to more accurately reflect the way Tom wore it in the show. I just stood there with my jaw on the ground.

I also had the second and third doctors sit down and flank me in the audience of a panel discussion. They were supposed to be members. Instead they joked that their schedules stated they were supposed to attend, not participate. It was great to meet Jon Pertwee and Patrick Troughton.

I have also attended several conventions within the Gothic subculture. I used to DJ goth gatherings on weekends for extra money while I was still in the military. It was great to "be myself" among other goths, especially "net-goths" from more rural areas who didn't have many other goths to socialize among, other than on old alt.goth newsgroups.

Then there are the numerous gaming and LARP conventions contributor Jared Royka and I attended as representatives of our local Camarilla/Mind's Eye Society chapter.

Members of various professional organizations have their conventions, as well. In fact, contributor Melissa Matuszak-Fosler is scheduled to present at one such convention in the near future.

Even "Cheetos Brigade" conservative bloggers have our conventions. There are several throughout the year.

This past weekend, Freedomworks, with assistance from Glen Beck's The Blaze, hosted BlogCon 2013. This, the fourth conservative bloggers' convention, was held near Dallas, Texas.

The event brought together conservative bloggers, commentators, and new-media journalists from around the country to discuss current issues, the political landscape, and the importance of accurately reporting news from the local to international levels.

Several key speakers addressed the crowd.

While attendees were still registering and collecting bags of SWAG, Todd Staples hosted bloggers for lunch. Todd Staples is Texas's agriculture commissioner. Due to the responsibilities of his current office, Todd has
garnered a unique view of border security and illegal immigration. His new book, Broken Borders, Broken Promises, addresses many of the issues to include a need to streamline legal employment visas in order to benefit US agriculture businesses.

Steve Crowder opened up the convention officially with a short, rousing speech. Those unfamiliar with Mr. Crowder's work should browse through his YouTube channel. Be prepared to laugh and be informed. One thing Steve stated set the tone for the convention. "I started in comedy and doing commentary spots on television. I arrived when I attended my first BlogCon and busted into 'new media'."

Steve Crowder, Chris Loesh, and other BlogCon2013 speakers appeared in this music video in 2012:

On a personal note, our daughter loves the song (and video) by Powdered Zombies. She always asks when Steve and Chris will make another music video.

"Powdered Zombie" Chris Loesch flanked by Emily Zanotti (left) and John Brodigan (right) of Misfit Politics
Copyright 2013 by P-G Matuszak

Many may think it hard to follow a media icon such as Steve Crowder. Those who believe that may have found themselves overwhelmed by Deneen Borelli.

Deneen gave another great speech. Just as other Tea Party women, such as Michelle Malkin and Dana Loesch, Deneen's speeches should not be missed. It matters little what your political ideology may be, Deneen always has something you need to hear. Her book, Blacklash, is a must read for all.

Deneen Borelli (R) and Melissa Matuszak-Fosler
Copyright 2013 by P-G Matuszak

The rest of the convention continued with great panel discussions and presentations from a myriad of great people on topics ranging from the implications of Obamacare implementation to the importance (and difficulties) of blogging stories of local significance.

Dean Clancy gives an update on the future affects of the PPACA
Copyright 2013 by P-G Matuszak

Melissa and I were ecstatic meeting Lou Ann Anderson, Sarah Marie Brenner, Lady Liberty and Liberty Speaks. These are great women and great reporters. Read them.

We socialized with PJ Media's "Vodka Pundit", Steve Green. Steve is an awesome guy.

Melissa and Dana Loesch chatted about motherhood and education while grabbing some BBQ at Gilley's. Dana was assisting with memorial and funeral arrangements for Chip (Rest in peace, patriot). We thank her for taking a few second for a picture:

Melissa Matuszak-Fosler and Dana Loesch
Copyright 2013 by P-G Matuszak

She also was subjected to a lubricated Scott Jacobs while I was catching up with Mandy Nagy and John Gabriel.

It was also great to see David Darnell and Loren Heal again. David was quick to help Melissa feel welcome and among friends.

As with previous BlogCons, I met many great bloggers; some new, some established. Despite all of the great presentations, that is the real purpose of the conventions. They allow us to meet and network with people face to face. There are far too many great people to list by name. Those who use Twitter can follow many of them on this Twitter-List of Blogcon 2013 attendees. Each and every one of them is hard-working, unique, and has something to say that is worth paying attention to.

So many great people collected under one roof. Though we had to leave early, undoubtedly we will be suffering form BlogCon withdrawal for the next several days.

In the meantime, please prompt BlogCon virgin, Melissa Matuszak, to write her own perceptions.

We would like to extend our deepest gratitude to Kristina Ribali and the staff at Freedomworks for another great convention. Your hard work is much noticed and appreciated.

Kristina Ribali
Copyright 2013 by P-G Matuszak

Other Pictures:

"Misfit" Brandon Morse looking like he is still recovering from the Kruiser Cabana
In reality, he didn't miss a beat. He was about to emphasize a key point.
Copyright 2013 by P-G Matuszak

@ExJohn John Gabriel waiting for his chance to speak while Ace of Spades (not pictured) finishes his point.
Copyright 2013 by P-G Matuszak

Radio Personality Dana Loesch speaks on challenging the Mainstream
Copyright 2013 by P-G Matuszak

"Fingers" Malloy
Copyright 2013 by P-G Matuszak

James O'Keefe of Project Veritas
Copyright 2013 by P-G Matuszak

Lee Stranahan
Copyright 2013 by P-G Matuszak

Mental Aikido's Melissa Matuszak-Fosler reacting to one of the great speakers
Copyright 2013 by P-G Matuszak

Freedomworks' Matt Kibbe signs Amy Miller's copy of his book Hostile Takeover
while Melissa shows off her recently signed copy.
Copyright 2013 by P-G Matuszak

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Melissa's Musings: "The Hunger Games"- a Possibility?

2013-05-13T09:13:00.001-05:00

Courtesy of Amazon.com

According to Wikipedia the Hunger Games is a book of fiction based in a place called "Panem", where North America once stood. After a battle, a King took charge in the Capitol. The hunger games is an event where one boy and one girl from each of the 12 districts are selected at random to participate in a deadly televised game. Only one child (the participants range from age 12 to 18) is crowned the winner. According to Rotten Tomatoes, the hunger games is a sort of punishment for a past uprising and an "intimidation tactic" from the government. The story is focused on two main characters (Peeta and Katniss) who are both from district 12 and are pitted against each other in a race for survival. Great work of fiction.

This kind of sounds familiar doesn't it?

The Hunger Games can happen, and our government is close to this reality already. The political overtones are evident in the movie. The rich people and the poor are divided, and the movie does not talk about how the rich got that way (hard work was not discussed in the movie- and this appeals to the Liberals) as far as the Conservatives, too much government control leads to tyranny.

The government has been trying to regulate and bypass the first amendment via attempts to control the internet (remember SOPA and PIPA?) and recently the government has been taking more and more control (debt, the housing market, unemployment numbers, medical care, an on and on). You have to be living under a rock to not see what is happening to the United States Government. Our government is lying to us, and it has too much control already.

These ideas presented in "The Hunger Games" are important ones to consider, not tomorrow, but NOW. There is an election coming up, and the challenges of this country's future are at stake. The people of the United States are presented with challenges, that if not accepted could lead to the Hunger Games being a reality.

Article and review originally appears at Melissa Matuszak-Fosler's Melissa's Musings.

Who's Got Our Back Now?

2013-05-10T13:34:00.002-05:00

After the latest hearings on the terrorist attack in Benghazi, some are experiencing tremors in the public trust.

Mr. Hicks revealed many eye-opening details.

We found out that the CIA and the State Department had editorial privilege over much of the reporting in the Mainstream Media.

A video was falsely accused of being the catalyst.

The attack was planned well in advance.

Instead of US Marines, Secretary of State Clinton hired local security personnel, some of whom may (or may not) have been linked to Ansar al-Sharia, the Al Q'aeda affiliate who conducted the attack.

Through all of this, many people are feeling less and less confident in the executive branch. They couldn't protect Ambassador Stevens. That is one of the primary missions certain military units train to do.

So, to quote a song by Creed, "Who's got my back now..."

The song echoes one particular line over and over. It applies to Benghazi as well as so many other issues, such as Fast and Furious, during this administration:

"What is the truth, now? Tell us the truth, now!"

This all leaves us wondering if we will ever really know what happened and why. But the evidence before us already is pretty damning.

Many are calling for impeachment.

They forget that the majority party in the US Senate bends its knee to Obama, their messiah.

Impeachment may be a pipe dream.

So, who's got our back?

Look to the "maverick" senators and representatives who are so vilified by the mainstream media.

Look to Paul Ryan.

Look to Senator Ted Cruz.

Look to Mike Lee and Rand Paul.

We need to look at Darryl Issa.

They don't have our backs. No. They are deep in the fight. We need to have their backs so they know their being in the fight is appreciated.

It is up to us, the citizens, to remind our elected representatives to do their jobs. We need to point at these men and say "See! That is how it's done!".

"All that has been devastated can be recreated..."

So, who has our backs?

Well, if you are a conservative, I have your back.

At times I may not 100% agree with you. That is more than fine, it is cool. But I will back you when you want your voice heard.

Erick Erickson, I have your back.

Brandon Morse, I have your back.

Dana & Chris Loesch, I have your backs.

Kurt Schlichter, Brodigan, Fingers, Sarah Marie, Pam Geller, Michelle Malkin... I've got your backs.

YOU! Yes You, reading this. Just because you are not named specifically, don't feel left out. I've got your back.

Now, I ask: Who's got my back, now?

Store & Transport Passed; Campus Carry Still Waiting

2013-05-10T10:35:00.003-05:00

The Texas House passed Campus Carry legislation and passed it to the state Senate.

The bill, HB 972, permits campus carry, or the authorization for concealed carry license holders to carry their weapons and ammunition on college campuses. The bill is still being discussed and reviewed by the senate committees.

Some Second Amendment advocates have stated that HB 972 allows colleges too much authority to restrict or regulate areas on campus where firearms will and will not be allowed. The full text of the bill is available here for review. Most leeway is granted only to private institutions. Those institutions do reserve property rights. Infringement of those rights, just as infringing upon second amendment rights,must be carefully considered in any and all legislation.

Meanwhile, Senator Glenn Hegar (Katy, TX) sponsored SB1907. The bill was an attempted compromise. Instead of allowing campus carry so that students could protect themselves from rape and other violent crimes on campus, it allows them to store their firearms and ammunition in their vehicles. It also allows for concealed carry license holders to transport their firearms and ammunition on campus. They just cannot carry them on their persons'.

Thursday May 9, 2013, the Texas House passed SB 1907. The campus storage and transportation bill will now go to Governor Perry for consideration and action.

For more information on the Texas Campus Carry bills, please read "Campus Carry Pushed Through Texas House".

For further reporting on the Campus Firearms Transportation and Storage Act, please read "Not Quite Campus Carry in Texas".

NO! Common Core In Texas

2013-05-09T12:46:00.001-05:00

The Common Core State Standard Initiative, called CCSSI or "common core", is a subject of national debate.

The state of Texas has not yet adopted Common Core. Based on a bill that passed the State House on May 7th, it seems unlikely Texas will adopt the initiative any time soon.

HB 462 was written to clarify how teachers are assessed or appraised. It also addresses how standards for curricula will be developed and how metrics are determined to grade student progress.

One point is clear in the bill: common core is not to be used.

       (b-1)  In this section, "common core state standards" means the national curriculum standards developed by the Common Core State Standards Initiative.
       (b-2)  The State Board of Education may not adopt common core state standards to comply with a duty imposed under this chapter.
       (b-3)  A school district may not use common core state standards to comply with the requirement to provide instruction in the essential knowledge and skills at appropriate grade levels under Subsection (c).
       (b-4)  Notwithstanding any other provision of this code, a school district or open-enrollment charter school may not be required to offer any aspect of a common core state standards curriculum.

"Optional" national or federally directed standards are also blocked:

The commissioner may not adopt or develop a recommended appraisal process and criteria based on any appraisal criteria that incorporate the results of student performance on assessment instruments that are intended for national applicability or are enacted federally as optional criteria

The engrossed text of the bill, which has been passed to the Texas Senate, is available here.

The Case Against Common Core

The concept behind the initiative is to nationalize school curricula through a "bottom-up" approach. The more states that join the initiative, the better the chances of federalization.

National scholastic standards bring several key issues. Perhaps the greatest issue is one regarding social demographics. Subjects important to one demographic in Montana may not have any value to people living in Texas. A federalized curriculum removes those demographic considerations.

Another key issue with national standards is that implementation will remove parent and student choice. It will take responsibility out of the local community and give that authority to the federal government, despite the violation of the Tenth Amendment of the US Constitution. Local school boards will see their authority stripped. Parents and students will no longer have a direct line to those hired to govern education. The public education system will be in the hands of what many see as an already bloated and ineffective federal bureaucracy.

States that already have better performance ratings fear nationalized standards will impede their successes. They fear that the standards will lean more towards the "lowest common denominator". Thus they will fail to adequately challenge the students' performance. In addition, many fear, that once standards are nationalized, standards will be lowered if the majority of states complain the established standards are too tough.

The International Baccalaureate

Though the bill appears to block common core, it allows for the so-named "International Baccalaureate" programs.

IB programs are similar to common core. However, they are based upon an international common standard. It attempts to establish a global standard at a level above the US federal level.

The name is deceptive. It is made to appear to be a collegiate level option. However, the IB program begins in primary school and extends through college.

In Texas, there are currently 50 schools participating in the IB program, with at least 35 more looking to join.

HB 462 allows College Advanced Placement (AP) and IB curricula and standards to be used to assess teachers and students.

This subsection does not prohibit the use of college advanced placement tests or international baccalaureate examinations as those terms are defined by Section 28.051

Other Standardized Curricula

While the bill blocks use of Common Core, it does not address CSCOPE.

CSCOPE is another scholastic tool currently under political scrutiny. The controversial curricula of CSCOPE apply standards similar to those found in Common Core, as a form of backdoor application of CCSSI.

Furthermore, CSCOPE has come under fire due to several events throughout the state. Among those was the alleged persecution of a student in McAllen, Texas who refused to pledge allegiance to Mexico. In another, students were forced to dress in the full abayiah and hajab worn by many Muslim women, particularly in more repressed societies. A third "alarm" was raised when some students returned home with mathematics worksheets that seemed to profess socialism and the redistribution of wealth.

For more information on CSCOPE, please refer to Lou Ann Anderson's numerous articles.

Campus Carry Pushed Through Texas House

2013-05-08T11:32:00.001-05:00

A Campus Carry bill passed the Texas House of Representatives on May 7,2013. The record vote was 102 in favor and 42 opposed.

On March 14, 2013 the House Committee on Homeland Security and Public Safety had left the bill "pending in committee". Despite an immense amount of favorable testimony, the committee was reluctant to bring the bill to a floor vote.

When word of the intent to let the bill die without a floor vote, second amendment advocates began a grassroots campaign requesting the bill get proper consideration.

The bill was amended several times over the past few weeks.

HB 972 and it's identical companion bill in the Texas Senate, SB 182, would, if passed, allow students, faculty members and visitors with legal concealed carry licenses to carry their firearms on college campuses. The Senate concealed carry bill has remained in The Senate Committee on Criminal Justice chambers since January 2013.

The Texas Senate has just a few short weeks left to vote on both versions of the Campus Carry bill in order to get it passed during the 83rd legislative session.

Key Provisions of the Campus Carry Bill

The Campus Carry bill allows for concealed license holders to carry on college campuses, public or private, with certain limitations.

(b) A license holder may carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state.

The institutions themselves are allowed to regulate and restrict where on campus firearms may be stored, including dormitories and fraternity houses:

(d) An institution of higher education or private or independent institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.

They cannot, however, create their own regulations concerning concealed carry licenses or appropriate use of lethal force:

(c) Except as provided by Subsection (d) or (e), an institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.

Private institutions can adjust the rules on their private property with proper consultation and the posting of legal notifications:

(e) A private or independent institution of higher education in this state, after consulting with students, staff, and faculty of the institution, may establish rules, regulations, or other provisions prohibiting license holders from carrying handguns on premises that are owned or leased and operated by the institution and located on the campus of the institution.

The full engrossed version of the House Campus Carry bill passed to the senate is available here.

Other Campus Carry Bills

The state senate passed SB 1907 in April. Falling short of Campus Carry, SB 1907 allows for individuals with concealed carry permits to lock their firearms and ammunition in their vehicles on college campuses. Concealed Carry License holders may also transport their firearms and ammunition on campus as long as they remain locked in their vehicles.

Second Amendment advocates similar to Students for Concealed Carry questioned the bill. It seemed a poor compromise that would do little to nothing in helping law-abiding citizens to protect themselves from violent crimes on college campuses.

Teacher Appreciation Week

2013-05-07T16:43:00.001-05:00

My wife cam home from work with several bouquets of flowers. My first thought was that she was making a gesture of affection towards me. I asked if they were for me. She replied they weren't. My heart sank slightly, wondering who was moving in on my spouse.

Then I thought for a second. I asked if they were for my daughter. My wife responded that they were hers. Then she told me that she received them from several of the students at her school.

My wife is a teacher at a parochial head-start program. She's looking to branch into school counseling. Her graduate degree is in psychology, counseling and guidance. She's an internship and two tests away from her license. However, she needs two years as a teacher in order to work that job in the school system. So, she is currently a teacher.

She has been working this current job for about two weeks. It was a huge paradigm shift for her. She was used to counseling and social-working adults. So the flowers came as a surprise to both her and I. The real surprise for her was that they were all "teacher appreciation week" gifts.

The flowers provoked some thought and recollection.

Regular readers may look at past articles and believe I have no respect for teachers. That is far from true.

I taught at the collegiate and post-graduate levels. I taught associate and bachelor level courses to high school graduates that had joined the US Army to become intelligence analysts. One of them had a couple of PhDs and was a history professor at the University of Washington. He was rather impressed with how we accomplished our training in such a short period of time at the level we did.

I also taught graduate level courses to lieutenants, captains and majors. So, I do know a thing of two about creating rubrics, lesson plans, teaching plans, test development, Socratic method, Bloom's Taxonomy and Revised Taxonomy, Critical Thinking, the Adult Learning Model, and several other pedagogies.

I am far from blind to the dedication and effort required to be a teacher.

So, to show my true appreciation for those in the profession, I decided to write a special essay on the teachers who influenced me most. They did so not by just teaching the required material. Each also went that little extra and taught things beyond the curricula. I usually do not do "favorites". However, these few are the cream of the crop.

Dad

My father was my primary educator throughout my life. In many ways, he still is. The list of things he taught me is exhaustive. They include baiting a hook and riding a bike. They include painting and woodworking. They include finding my own answers and researching data. They include photography. They include ethics and morals. They include working hard to achieve a goal and the satisfaction of accomplishment.

My father was also a professional educator at one time.

Mr. Kozul

I cannot name my 4th grade teacher. I can name my 3rd grade teacher only because of the controversy she spread. She had a habit of trying to force her religious views onto her public school students. Most of her students were catholic. She was new-born Christian and a fundamentalist.

I remember Miss Kaplan. But I do not recall if she was Kindergarten or 2nd grade. I just remember she was pretty and very Jewish. She was the "bright shiny" in a mostly Roman Catholic neighborhood.

But I have fond memories of Mr. Kozul. I was an advanced student. In 5th grade, I was placed into 6th grade classes, taught by Mr. Kozul. He made learning fun. He teased students, cutting up and tossing jibes. We quickly figured out that the more he teased a student, the more impressed with the student he actually was.

Mr. Kozul fostered creativity and self-directed study. That is, if we worked hard and got the required coursework done, we were encouraged to learn something additional, for fun. He even allowed a small group of us to rewrite and perform a version of Romeo and Juliette.

He got me interested in Robert Frost's poetry and Jack London's books about the Alaskan tundra. He also taught me that "The ending is great. I highly suggest you read this book," is not appropriate for a book report. I wrote that for my review of The Ammityville Horror. I didn't want to spoil the ending, considering I noticed he was just starting the book the day before the reports were due.

Mrs. Ameraal

I was subjected to her torture for two of my four years in High School. I had her for Sophomore year Honors English. Then, being the masochist, I took AP English my senior year. She was the only accredited AP English professor at the school.

I was also subjected to her throughout my junior year. She would walk up to me in the middle of the hallway or, worse, in the middle of a class. She thought I had some writing talent and continually brought me entry forms and requirements for writing contests. I entered most of them. I won a couple of them.

Mrs. Ameraal was a task master. She had high standards and did not waiver on any of them. For AP English, we had a long summer reading list. The second, third, and fourth days of class were all essay exams on those books. She taught the class as though it were a college class. Her intent was to cover four semesters worth of college level composition, creative writing, and literary analysis in one high school year.

She challenged thought. She prodded us to get into the minds of the characters and the authors. We even had to learn some Old English in order to read a couple of works. She wanted us to appreciate the original languages over modern translations.

As much as I teasingly remark about how awful it was to subject myself to her classes, I enjoyed them. They challenged me and kept me actively engaged. To this day, however, I won't openly admit to her that I didn't read Wuthering Heights until years later, yet still managed to ace the exam.

Ft. Ron DesRosier

Father Ron, the punk rock priest. He wore a studded leather tie and made crude jokes in both French and English. He also surprised a few of my fellow students when he spoke Italian, Latin, German, and Danish. When it came to languages, this guy was smart.

He also was not an ideal priest. He had no problems telling tales of drunken debauchery from his younger days growing up in Paris.

He rode a motorcycle.

He also was a mentor and a friend. When I needed an ear, he was magically there, listening, and offering sound advice.

Oh, despite his raspy speaking voice, he could sing.

He was also pretty quick to pull practical jokes on other teachers.

Miss Donna Dumke

Donna was probably the most influential teacher I had. She was my Junior High teacher for several subjects. I had her for history in 7th grade. I had her for math in 8th grade. I had her for lunch in both grades.

Well, lunch was not a "class". However, Donna allowed a few of us to eat lunch with her two days a week in order to watch Doctor Who. The show was on from 10-12 on Sunday nights. During the summer, we could watch it. During the school year, though, we could not always manage to sneak downstairs to watch it.

So, Donna recorded it on her VCR. She would bring the tape in. On Tuesdays and Wednesdays we'd watch the show, or half of it.

She would also help us with homework. Payment for being in the Doctor Who club consisted of doing extra, advanced math homework. This happened both years.

In 8th grade, I had her for lunch the other three days of the week as well. Being advanced, she gathered up five of us and taught us algebra and geometry at the high school levels. We took the classes while munching on whatever we had packed in our brown bags.

Like Mr. Kozul in 6th grade, Donna seemed to enjoy teaching. She enjoyed challenging us then celebrating our successes when we overcame the challenges she hit us with.

She also enjoyed the white chalk marks on our foreheads when she beamed us with an eraser. Going to sleep was sure to get you tagged. But worse was when she'd say the name of the kid sitting in front of you. The next word was usually "duck", just as you'd feel the dusty eraser bop you in the head. It usually meant you made her laugh with some cheesy joke. It was all fine unless you were too thin-skinned and took it personally.

She knew how to treat things seriously that were serious, yet still manage to have fun with it all.

This week, thank the teachers that influenced you. Thank the good teachers that teach your children. Sure, there are the bad eggs out there. But know that most teachers are trying to do a job that is not easy. It's just worth it.

Deployed Military May Get Electronic Voting In Texas

2013-05-07T10:06:00.002-05:00

If passed, a Texas bill would grant electronic voting to military service members and their families. The bill grants electronic voting privileges to military members deployed to combat zones or stationed overseas. They will be able to submit their ballots by email or digital facsimile ("fax"). The electronic will be extended to their spouses and voting aged children if they accompany the military member to an overseas assignment.

The bill, HB1129, does not grant the electronic voting to Texas residents stationed in the Continental US (CONUS). The full bill text is available here.

SECTION 1. Section 105.001(a), Election Code, is amended to read as follows:
(a) The secretary of state shall prescribe procedures to allow a person who is casting an early voting ballot by mail to return the ballot by telephonic facsimile machine, e-mail, or similar electronic means if the person is a member of the armed forces of the United States who is on active duty overseas, or the spouse or a dependent of the member.

Other voter reform to assist military ballots

Another bill, SB 1636, passed the Senate on April 25, 2013. It has been received by the Texas House. The house had an identical companion bill, HB 1792, which passed the house and is awaiting a Senate Floor vote.

The identical companion bills place Texas Residents in the military, and their spouses, if Texas Residents as well, on the Permanent Early Voter List. The PEVL allows them to vote early, by mail, instead of having to request an absentee ballot each year. Requesting and submitting an absentee ballot can be a complicated and time-consuming process. The bills reform and streamline that process for military members.

Military Vote Reform

In the past few election cycles dating back to the 2000 Bush versus Gore presidential race have drawn attention to the need to streamline and reform the military ballot.

The voting process differs from state to state. In some states, absentee ballots are not counted unless the race is close, within a certain threshold. However, early ballots are still counted.

In several cases, states have failed to issue absentee ballots in a timely manner. This has caused deployed Soldiers, Airmen, Marines, and Sailors to receive their absentee ballots after they were due to be returned completed to the states.

Since, several states, including Texas and Arizona, have worked to better insure military members have their votes counted.

Voter Fraud Concerns

Electronic voting draws concern among several voter integrity activists. The concerns include the potential for ballots to be hacked or forged electronically. Others revolve around questions about insuring voter identity and eligibility. The integrity of the ballot from the time it is sent to the time it is returned, is also a concern. Some activists fear the ballots may be intercepted or altered.

In the case of hard-copy, mail-in PEVL ballots, states such as Texas have taken steps to reduce associated voter fraud and better insure integrity. For example, a Texas bill prohibits any "voting assistance" volunteer from sending in more than 10 ballots. Military Voting Assistance Officers are exempt from this rule.

Allowing the military to return their PEVL and absentee ballots electronically will greatly enhance the chances of their votes being tallied. However, certain safeguards must be enacted to insure the integrity of their electronic voting process. Without that, the military ballot will be open for fraud, manipulation, or gerrymandering.

Giving Drugs to Kids An Aggravated Offense

2013-05-06T10:40:00.002-05:00

The Texas House is scheduled to vote on a bill that will make dealing or giving drugs to kids an aggravated offense.

HB 3240 will create a new crime of "delivering controlled substances to a minor" if it passes is upcoming House vote and a subsequent Senate floor vote.

Once enacted into law, the act makes a new felony charge that may be applied in addition to other drug charges including trafficking. soliciting, possession and other drug related offenses if a minor is involved in the transaction. The bill defines a minor as anyone under the age of 18 or who is a student in a public or private primary or secondary school. It includes ANY controlled substance.

Sec. 481.1221.  OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE TO CHILD.
(a) A person commits an offense if the person knowingly delivers a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group to a person:
             (1)  who is a child;
             (2)  who is enrolled in a public or private primary or secondary school; or
             (3)  who the actor knows or believes intends to deliver the controlled substance to a person described by Subdivision (1) or (2).

The complete text of HB 3240 is available here.

Implications With Other New Legislation

On April 18, 2013, the Texas Senate passed two new bills regarding the classifications of illegal drugs. Given the House's passage of HB3240, both senate bills stand a high probability of passing the house as well.

SB 263 classifies "synthetic marijuana", in its many variations, as a class 2-A controlled substance. That would make it illegal to sell, transport or manufacture them in the state of Texas.

SB 264 reclassifies "ecstasy", "MDMA", "bath salts", and other similar substances as class 1A and class 2 controlled substances.

When HB 3240 passes the Texas Senate, providing any of the drugs listed in the above bills to a child will carry the additional felony charge of "delivering a controlled substance to a minor".

In the past several years, some of these drugs have become popular among children as well as professionals who must pass drug screenings as part of their employment contract. Without the law, testing for synthetic drugs such as "pot pourri" and "saliva" is not normally conducted. Most screenings look only for illicit drugs. Tests do already exist for these substances, though. Once the bills pass, screening for use will likely become common immediately.

Many tobacco and "head" shops carry the synthetic pot as a "legal alternative". Since it contains no nicotine or other controlled substance (such as alcohol), there is no age restriction for purchase. With the new laws, it will be illegal to sell to anybody. It will be an additional felony to sell the drugs to a minor.

Whose Child Is This?

2013-05-04T09:11:00.001-05:00

Among the various newsletters and publications I read is one entitled "The College Conservative". It contains insight into the younger generation of conservatives and libertarians. Most of the authors are of voting age. They have a voice that needs to be heard.

One recent article was a well-written editorial revolving around statements made by Melissa Harris-Perry. The MSNBC media personality propagated Hillary Clinton's fallacy that "It takes a village", taking it a step further. Ms. Harris-Perry claimed that children are the property of the state, not the parents. Looking at public school performance in the US, we already know that the village failed.

Avery Owyns, in her editorial, posited that children do not belong to the state nor to the parents.

Miss Owyns brings up several thought-provoking points. Her article is worth the read.

Left-wing ideologues love to push the narrative that children belong to the community, to the collective, to the village, to the state. Where their hypocrisy becomes evident is within the irony of abortion.

In the debate over abortion, the child growing in the womb is considered part of the woman's body. Women have the individual right to do with their body as they wish. But the contention is that the child is also owned by the collective, the state, the government. This is highly self-contradictory.

Many on the left have also championed and cheered the concept that all citizens belong to the government.

If that is the case, so does that mother and her body. According to their own ideology, that gestating child, therefore, also belongs to the government. If that is the case, by their own reasoning, an abortion is destruction of government property.

Under their ideology, it should require legislation, at least by a town council, to approve or deny each abortion on a case by case basis. In other words, since the child belongs to the government, there is no individual choice allowed. The left defeats its own "pro-choice" argument.

You cannot have your cake and eat it too, kids.

On the other side of the coin, conservatives champion individual rights.

Children do not belong to the state. They also do not belong to the parents. That would make them slaves. Slavery is reprehensible to those who champion individual rights. Miss Owyns's article makes this case fairly well.

However, parents are responsible for their children until they reach a certain level of maturity. Even after that point, the actions of the child reflect upon the parents. This is why the Christian and Jewish faiths have the commandment "Honor Thy Mother and Father".

The commandment has three basic meanings:

1. Obey your parents.
2. Do not act in a way that dishonors or discredits your family and its reputation.
3. Live a good, moral life that will bring credit, honor, and favor upon your family.

If kids misbehave, it is up to the parents to discipline them. When older, a misbehaving child's actions draw questions about the job the parents performed in raising them. In the military, messy soldiers who lack manners are referred to as "lacking home training". It means their parents failed to raise them right.

With responsibility comes a certain level of authority. While children do not belong to the parents (in the meaning of "property"), the children still fall under that authority. By the same powers that give human beings our individual natural rights, parents are charged with caring for the kids.

Parents must keep the kids safe.
Parents must provide food and shelter.
Parents must educate and nurture.
Etc.

This is part of loving our children. It's natural. It's instinctual. It's part of the great design. It is how it is, has always been, and will always be.

Those responsibilities exist so that parents can best insure their children can enjoy their individual natural rights. If not provided food and shelter, the child may be deprived the right to life. If not kept safe, the child will not be able to enjoy his or her liberty. If not educated, nurtured, and given examples of morals and values then children will be deprived of their "pursuit of happiness". They won't have the means to legally and morally acquire property later in life.

From their very conception, children entrust their parents with these responsibilities and the authority necessary to insure them. In that sense, the children entrust themselves to the parents. Good parents treat those entrusted lives and natural rights as their own, or better. So, in a manner of speaking, the children do "belong" to the parents until they are mature enough to handle their responsibilities. Of course, that is the ultimate goal for any good parent -- for the kids to thrive on their own.

When that life begins and becomes entrusted to the parents is still a matter of debate and scientific exploration. It is a matter to be determined by faith, scientific data, and the law. It still comes down to the moment when a parent accepts that trust and responsibility. It may be at fertilization, implantation, 16 weeks of gestation, or birth. It's a debate I do not wish to engage in. I've made my choice on when I accept that trust, responsibility, and authority. Nobody else can make it for me.

April Numbers More Sluggish Than March

2013-05-03T08:51:00.003-05:00

Many myopic Keynesian economists lauded March's drop in unemployment when it fell to a still dismal 7.6% U3 figure.

The US Bureau of Labor Statistics calculated April U3 unemployment at 7.5%.

However, the tenth of a percent drop is not the good news some may wish you to believe.

The workforce participation rate also fell slightly; but not enough to adjust it down a full tenth of a point. It remains reported at 63.3%. Only about 58% of the US population is considered of "working age". Of that, only 63.3% of the people are considered to be willing and capable of work. That means only 63.3% of 58.6% of the population has a job or has looked for one in the past 4 weeks. That means only 37.1% of the total population is considered part of the workforce. 7.5% of them are unemployed, but looking for work. That means 34.3% of the US population is supporting 65.7%.

To see how that translates to "real unemployment", compare last month's numbers as reported versus if the WPR was the same today as it was in December 2008.

That is diametrically opposed to the American Dream of self-sufficiency, independence, and reaping what one sows.

That is not the worst news. The worst news is that the down-tick in U3 unemployment translates to an uptick in U6 unemployment. It jumped dramatically from 12.5% to 13.9%.

Average work hours dropped .2 hours a week to 34.4. That is just 4.4 hours over the full-time threshold of 30 hours.

Most of the 165,000 "jobs created" were part-time jobs. Due to the taxes created by the PPACA, also known as "Obamacare", many small businesses, retail stores, and food service companies reduced employee hours to less than 30 per week. To cover operating hours, they hired part-time people to work 15-20 hours per week. That caused the U3 unemployment to drop. However, it means people are working fewer hours per week.

To make those numbers worse, 31,000 of those "jobs created" were temporary jobs. Many such jobs last less than 90 days. They are not "permanent" or "long-term" employment.

The average hourly wage dropped as well.

So, people are working fewer hours. Companies are cutting full-time positions to part-time. For every two positions cut to less than 30 hours, they are hiring another, at less than full-time. Those returning to work are making less an hour at part-time jobs. Those formerly in full-time positions are working fewer hours.

The formula produces a result of what Jimmy Carter called "malaise". When people consider inflation, increasing food costs, increasing fuel costs, and increasing health care costs, the result is anything but prosperity.

Under the current administration's promise of a "workers' paradise", the WPR should be higher than it was December 2008. Instead, it's lower. If the WPR was the same (not higher as promised) as December 2008 (65.8%), this is what the U3 and U6 numbers would look like today:

U3 unemployment -- 11.0%
U6 unemployment -- 15.9%
"real unemployment" (includes "marginally attached" who have searched for employment during the past 52 weeks.) -- 17.1%

Plan B and Bubble Gum Please

2013-05-02T12:01:00.001-05:00

"I'll take a pack of bubble gum and a bubble pack of Plan-B, please."

Those words may raise your eyebrows if spoken by a 19 year old college student.

Now, imagine your neighbor's 15 year old daughter speaking them at your local convenience store.

Imagine your own daughter speaking those same words.

Beyond the shudders of horror the image invokes in many parents is the irony.

That same sexually active 15 year old would need a note from a parent as well as a note from a doctor to take the antibiotics she was prescribed for that STD she acquired in the same instance that prompted the need for the Plan-B pills.

She would have to go to the school nurse with those notes and request the nurse to administer her those antibiotics.

Meanwhile, her friend is practicing abstinence and wants to wait until she can maturely handle the responsibilities that come with being sexually active. But her friend suffers from monthly cramping and needs at least some over-the-counter relief. She needs the same notes of approval from the parents.

The rub is that the school nurse can deny the students their medications.

But don't worry, they can go to the convenience store across the street and buy Plan B.

An elementary school child can have an extreme asthma attack. If the notes aren't on file, the child will be denied a life-saving inhaler. That inhaler has been prescribed by a doctor with the child told to have it on-hand for use at the first signs of an asthma attack. By the time the child gets permission to see the nurse, critical time has passed. The attack may progress to the point the child needs a trip to an emergency room.

But don't worry. When she turns 15, she can buy the "morning after" abortion pill, Plan-B, over the counter, without parental permission, on her way home from school.

The US Dept. of Health and Human Services had the Food and Drug Administration lower the age of consent for purchase of Plan-B to 15 years.

FDA NEWS RELEASE
For Immediate Release: April 30, 2013
Media Inquiries: Erica Jefferson, 301-796-4988, erica.jefferson@fda.hhs.gov
Consumer Inquiries: 888-INFO-FDA

FDA approves Plan B One-Step emergency contraceptive without a prescription for women 15 years of age and older
The U.S. Food and Drug Administration today announced that it has approved an amended application submitted by Teva Women’s Health, Inc. to market Plan B One-Step (active ingredient levonorgestrel) for use without a prescription by women 15 years of age and older.

HHS has also been pushing to force religious institutions to provide contraceptives to female students, despite that idea violating their first amendment protections of their religious beliefs.

The next step will be for HHS to force book stores in religious parochial high schools to sell Plan-B to students.

Parents now will have to work harder to show their children the benefits of making moral and mature decisions.

Plan B does not necessarily prevent impregnation. It can halt implantation if it doesn't take place before the drug takes effect.

Plan B does not prevent STDs such as AIDs, Hepatitis, Chlamydia or genital warts.

The effect of Plan B on an unborn child are not yet known. They may not be known for decades.

Plan B does not feed any children that may result from intercourse.

Plan B does not prevent any physical damage being sexually active may do to a still developing 15 year old's body.

Plan B does not prevent psychological scarring that may occur from being too immature to handle mature situations that sexual relationships incur.

No reasonable parent would approve of their 15 year old shopping at an "adult book store".

No reasonable parent would allow their 15 year old to work at at "gentleman's club".

Thankfully, it is still illegal for a 15 year old to go to a theater to see an "NC-17" or "X-rated" movie.

But the FDA asks adults to look the other way while 15 year old kids buy Plan-B pills.

Texas Bill Battles Voter Fraud by Mail

2013-05-01T10:50:00.001-05:00

Voter Fraud, voter integrity, voter ID, and election reform has become a front-line issue in many US states, especially "battleground" and more conservative leaning states.

True the Vote and Verify the Vote are two organizations at the forefront of the fight against voter fraud. True the Vote got its start after an investigation into alleged voter fraud in a US Congressional District near Houston, TX. An alarming number of questionably cast and tallied ballots were found, most of them favoring the congresswoman elected.

Since, Texas has started taking steps to deter and prevent future instances that could allege voter fraud or gerrymandering.

Mental Aikido recently reported on a bill, SB 904, that would reform early voter lists in an effort to better assure military service members legally registered to vote in Texas could vote by mail, streamlining an outdated absentee ballot system. That effort to counter voter fraud does so by adding military and dependents to the Permanent Early Voter List.

Now the Texas Senate is considering HB 148. HB 148 is another bill designed to combat voter fraud. It limits the number of absentee or early ballots an individual may mail in to ten ballots. The bill has already passed the Texas House and will likely pass the Senate within the next few weeks. Unfortunately, it won't be enacted in time to affect the current local election cycle currently in an early voting stage, with a formal election day on May 11, 2013.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.0051, Election Code, is amended by adding Subsections (b-1) and (f) and amending Subsections (c), (d), and (e) to read as follows:
(b-1) A person to whom Section 86.006(f)(4) applies may not deposit in the mail or with a common or contract carrier more than 10 carrier envelopes containing ballots voted by other persons in an election. This subsection does not apply to a carrier envelope containing a ballot voted by a member of the armed forces of the United States or the spouse or dependent of a member.

The bill goes a step further in prohibiting somebody from accepting or offering compensation for providing assistance in casting early or absentee ballots. Violating the new law would be a criminal offense.

Sec. 86.0052.  COMPENSATION OF ANOTHER FOR COLLECTING BALLOTING MATERIALS PROHIBITED. (a) A person commits an offense if the person compensates another person to engage in conduct prohibited by Section 86.0051(b-1).
       (b)  Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable by:
             (1)  confinement in jail for a term of not more than one year or less than 30 days; or
             (2)  confinement described by Subdivision (1) and a fine not to exceed $4,000.
       (c)  An offense under this section is a state jail felony if it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under this section.

The bill will reduce and deter voter fraud. To understand how requires some knowledge on some voter fraud tactics.

In a modern version of "ballot stuffing", activists will sometimes alter absentee and PEVL ballots. What they do is claim they are assisting voters. If a voter fails to complete the ballot, they will fill-in any measures left blank by the voter. They will then return the altered ballots.

Another tactic is having the ballots mailed to them directly. They then go to "assist" the voters, getting their signature or permission to witness. The "assistant" then fills in the ballots in favor of their candidate regardless of the desires of the person whom they claim to assist.

A third tactic involves collecting the ballots and voting on them, producing forged signatures.

One more tactic is they collect the ballots then screen them. They return only the ones with votes they agree with or favor. Any ballots they do not agree with are destroyed or altered.

To hamper and reduce these "collection house" efforts, this bill keeps any so-called "assistant" from mailing in a mass number of ballots. Each activist is restricted to 10 ballots, rather than having access to hundreds.

The bill does not affect military Voting Assistance Officers, who are bound by federal laws and the UCMJ, from helping military members vote. VAOs are exempted from the bill.

The 'No Birth Certificate' Bill Scare

2013-04-29T12:11:00.002-05:00

A Texas bill that would allegedly end the requirement for producing a birth certificate to get a state ID or drivers license was left dead in committee. However, some "favorable substitutions" performed CPR on the bill. The committee is now reconsidering the revised version.

Several conservatives in Texas received emails recently meant to alarm them over HB 3206. Those emails contained some interesting articles regarding illegals driving in the US.

HB 3206 is a comprehensive bill concerning motor vehicle laws in Texas. It covers several topics, including what proof of identification is required to obtain a state ID or Drivers license.

A BILL TO BE ENTITLED AN ACT relating to the public safety by ensuring all drivers in the state of Texas are licensed pursuant to state law and to encourage all drivers to stop and render aid at the scene of an accident, to prevent the abandonment of the scene of an accident, and to prevent uninsured use of a motor vehicle; relating further to the security of the state that all inhabitants are identifiable.

The "ID Bill" strikes this portion from current Texas law:

~~(d 1)~~ Unless the information has been previously provided to the department, the department shall require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department:
~~(1)~~ ~~proof of the applicant's United States citizenship; or~~
~~(2) documentation described by Subsection (f 2).~~

However, it would, for example, add the following:

             (1)  for an applicant who is a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States:
                   (A)  expires on a date specified by the department if the applicant is younger than 60 years of age; or
                   (B)  does not expire if the applicant is 60 years of age or older; or
             (2)  for an applicant not described by Subdivision (1), expires on:
                   ~~(A)the earlier of:~~
                         ~~(i)a date specified by the department; or~~
                         (ii)  the expiration date of the applicant's authorized stay in the United States; or
                   (B)  the first anniversary of the date of issuance, if there is no definite expiration date for the applicant's authorized stay in the United States[, ~~except that a~~ ~~except that a certificate issued to a person 60 years of age or older does not expire]~~ .
       (f 2)  An applicant who is not a citizen of the United States must present to the department documentation issued by the appropriate United States agency that authorizes the applicant to be in the United States.

Reading through the whole bill, available here, will bring further examples of how the bill could actually close loopholes and better regulate the issuance of state identification and drivers licenses.

The chief concern regarding the bill is the new electronic voter registration bills the Texas 83rd legislature is considering. The new voter registration law, if passed, will allow Texas citizens to register to vote online using their state identification or drivers license number.

The alarm is that not requiring proof of citizenship will lead to illegal immigrants acquiring state-issued identification that would legitimize their residency and allow them to vote illegally. Currently, those who have identification have acquired it through forgery and identity theft.

The bill allows for other forms of proof of residency than a birth certificate. The bill contained provisions for registered, legal immigrants or foreigners in Texas on student or other visas for an extended period of time to acquire restricted drivers licenses. These licenses would expire when the visa terminated. In order to renew, the individuals would have to present proof of the extension or naturalization. If they could not do so, their license or ID card would be expired.

The bill makes it more difficult for non-citizens to get state IDs or DLs without proof of visitation or immigration status. It also places stricter record-keeping requirements on Texas Department of Public Safety and Secretary of State administrators. Those agencies as well as the State Department of Transportation must maintain accurate and timely records of the immigration and citizenship status of each ID card and DL applicant, to include those denied such applications.

In essence, the bill would have helped reform immigration problems where those immigrating legally get trapped in bureaucratic red tape. In those particular cases, some legal immigrants become "illegal" when those visas run out and they are not informed. Under this bill, they would have that date on their ID card.

Not Quite Campus Carry in Texas

2013-04-27T08:12:00.000-05:00

"Campus Carry" is one of the major policy changes Second Amendment advocates in Texas wish to see.

However, the latest Campus Carry bill's status is "left pending in committee", meaning a congressional committee reviewing the law refuses to bring the bill to a floor vote.

As a seeming compromise, Senator Glenn Hegar (R-18-Katy, TX) introduced SB 1907.

Senate Bill 1907 falls just short of allowing citizens with concealed carry permits to carry firearms on college campuses. Instead, it allows for those with licenses to store their legally owned and carried firearms and ammunition in their privately owned vehicles on and around campus grounds.

The bill mandates for colleges, both public and private, to allow citizens with carry permits to leave their weapons locked in their vehicles while attending classes or attending to business on campus. It further mandates that campuses provide secure parking locations where licensed citizens may do so.

SB 1907 mirrors policy changes Texas enacted in regards to employers who ban weapons at workplaces. That code, already enacted, mandates that companies whose policies forbid employees from being armed at work to store their firearms in their vehicles in secure parking locations provided by the employers. It also mandates that employers provide those parking facilities that provide adequate security to prevent theft of the vehicles and the firearms.

Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

In effect, SB 1907 just extends that same provision to college campuses.

      (b)  An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision prohibiting a student enrolled at that institution who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun of the same category the student is licensed to carry or ammunition for that handgun in a locked, privately owned motor vehicle or a motor vehicle leased by the student:
             (1)  on a street or driveway located on the campus of the institution; or
             (2)  in a parking lot, parking garage, or other parking area located on the campus of the institution.

The bill will allow for students and faculty to protect themselves while traveling to and from campus. However, it still does not provide security and self-defense capabilities for students moving to or from their vehicles to classes.

Especially in regards to evening classes, this restriction will still leave students and faculty vulnerable on campus. An attacker can still prey upon them in the parking garages or other places on campus. The firearms will be locked in the cars, unavailable for the citizens to use to protect themselves.

In 2006 alone, there were an estimated 673,000 rapes on college campuses. Only 12% of them were actually reported. An estimated 20% of female college students are victims of rape or attempted rape each year. 11.7% of male college students are victims of rape or attempted rape.

That is just rapes. the statistics do not account for the other violent crimes such as assault, attempted murder, manslaughter, or armed robbery. These occur on campuses where, in most of the US, law abiding citizens are denied their second amendment rights.

Texas Space Bill Enhances Private Industry

2013-04-26T11:30:00.004-05:00

Photo Courtesy of the Texas Office of the Governor, Public Domain

The Texas Space Bill, set for a House floor vote on Monday, April 29, 2013, will facilitate private space exploration.

The space bill will benefit private aeronautical engineering companies and space exploration firms operating in Texas. Texas, like Florida and Ohio, has a deep history with space exploration. Many people still quip a NASA communication, "Houston, we have a problem" dating back to the Apollo program.

Private firms, such as Raytheon, work with missile and rocket technology that is sometimes associated with spacecraft and space exploration.

In recent years, many private space exploration companies have relocated to Texas. One such example is XCOR who relocated from California to near Midland, TX. Governor Perry helped to broker the deal to move the company. The firm's move was primarily due to California's increasing taxes versus the lower costs of living and tax rates in Texas. Texas also does not have a state income tax, which further benefits any employees of the firm.

The Space Bill, HB 1791, regulates testing, flights, launches, re-entries, and landing by private craft within the state of Texas. It establishes what liabilities are incurred by any company engaged in the enterprise. It lists which ones are incurred by the state. It establishes the legal use of private and public lands contracted for these uses.

Sec. 100A.002. LIMITED LIABILITY. (a) Except as provided by this section [~~Subsection (b)~~], a space flight entity is not liable to any person for direct or indirect damages resulting from nuisance, or subject to any claim for abatement or other injunctive relief arising from space flight activities.
(b) Except as provided by this section, a space flight entity is not liable to any person for a space flight participant injury or damages arising out of [~~the~~] space flight activities [~~participant injury~~] if the space flight participant has signed the agreement required by Section 100A.003 and given written consent as required by 51 [49] U.S.C. Section 50905 [~~70105~~].

In short, it legalizes private space exploration originating in Texas as long as it conforms to FAA regulations and federal law.

(4)  "Space flight entity" means a person who conducts space flight activities and who, to the extent required by federal law, has obtained the appropriate Federal Aviation Administration license or other authorization, including safety approval and a payload determination.  The term includes:
                   (A)  a manufacturer or supplier of components, services, or vehicles used by the entity and reviewed by the Federal Aviation Administration as part of issuing the license or other authorization; [~~and~~]
                   (B)  an employee, officer, director, owner, stockholder, member, manager, advisor, or partner of the entity, manufacturer, or supplier; and
                   (C)  an owner or lessor of real property on which space flight activities are conducted, including a municipality, county, political subdivision, or spaceport development corporation under Section 507.001, Local Government Code, in this state with a contractual relationship with a space flight entity.

Since the federal government and NASA cancelled the Space Shuttle Project and has suspended manned spaceflights, exploration by private companies may be the future of manned space exploration.

The Space Bill puts Texas back on the map for space exploration. Furthermore, it places Texas at the forefront of privately funded (and performed) space exploration. The first manned commercial passenger spacecraft just may be launched from Texas.

Texas Truancy Bill and School Choice

2013-04-25T13:05:00.001-05:00

A Bill passed by the Texas Senate and now making its rounds through the House combats truancy in an effort to reduce student drop-out rates.

SB 1234, if passed, would increase both the responsibilities and the powers of public school officials in preventing truancy. Violations of the new truancy legislation could result in criminal charges and class C misdemeanor fines of $100.

SECTION 6. Subsection (e), Section 25.094, Education Code, is amended to read as follows:
(e) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $100.

The bill amends current state law by allowing proof of a high school diploma or certified equivalent evidence requiring automatic dismissal of charges, as long as the student can do so prior to his or her 21st birthday.

(1) the court finds that the individual has successfully complied with the conditions imposed on the individual by the court under Article 45.054; or
(2) before the individual's 21st birthday, the individual presents to the court proof that the individual has obtained a high school diploma or a high school equivalency certificate after taking a high school equivalency examination administered under Section 7.111, Education Code.

If a student accumulates 10 or more unexcused absences in a 6 month period, school officials are directed to action.

       (b)  As a truancy prevention measure under Subsection (a), a school district shall:
             (1)  issue a warning letter to the student and the student's parent or guardian that states the number of absences of the student and explains the consequences if the student has additional absences;
             (2)  impose:
                   (A)  a behavior contract on the student that must be signed by the student, the student's parent or guardian, and an employee of the school and that includes:
                         (i)  a specific description of the behavior that is required or prohibited for the student;
                         (ii)  the period for which the contract will be effective, not to exceed 45 school days after the date the contract becomes effective; and
                         (iii)  the penalties for additional absences, including additional disciplinary action or the referral of the student to a juvenile court; and
                   (B)  school-based community service; or
             (3)  refer the student to counseling, community-based services, or other in-school or out-of-school services aimed at addressing the student's truancy.
       (c)  A referral made under Subsection (b)(3) may include participation by the child's parent or guardian if necessary.

The parents and student are notified and then directed to be assigned to a state juvenile education case manager. That case manager will put the child through the "at risk of drop-out" program that includes a contract. That contract outlines penalties for any further absences as well as obligating how the student will behave. The contract is intended to be for 45 days at a time. Violations of the contract bring a $100 fine as well as referral to the juvenile court system.

(a)  Except as provided by Subsection (a-1), [~~On approval of the commissioners court, city council, school district board of trustees, juvenile board, or other appropriate authority,~~] a county court, justice court, municipal court, school district, or juvenile probation department shall[~~, or other appropriate governmental entity may:~~
             [~~(1)~~]  employ a case manager or agree, in accordance with Chapter 791, Government Code, with any entity listed in this subsection or another appropriate governmental entity to jointly employ a case manager to provide services in cases involving:
             (1)  a juvenile offender who is [~~offenders~~] before a court consistent with the court's statutory powers; or
             (2)  a student, before the student is referred to a court for a violation of Section 25.094, Education Code, who is referred to the case manager by a school administrator or designee for intervention services because the student is considered at risk of dropping out of school, if the student and the student's parent or guardian consent to the referral to the [~~agree in accordance with Chapter 791, Government Code, to jointly employ a~~] case manager.

In whole, the law appears as though it will increase graduation rates and reduce truancy. The full engrossed version of SB 1234 sent to the State House is available here.

However, there are some issues the bill does not address that may draw critical attention.

The truancy bill does not adequately address a student removed from a school by parents who desire to home-school their children. With the controversies surrounding CSCOPE in Texas and CCSSI in other states, more and more parents are seeking affordable alternatives to public education. Some parents may see this law as an infringement upon individual natural rights.

The current education law in effect is available here. Reading it over may leave some citizens believing the code outlaws home-schooling and school choice.

SB 1234 does not address or provide for student athletes. Many elementary and middle schools do not have competitive gymnastic teams. If a child were gifted in gymnastics, competed at a national or international level, and were taken from school in order to compete, the parents may find themselves under undo scrutiny under this law, even if the child were tutored during these trips.

In a vacuum, this bill could turn parents exercising their parental rights into criminals. If parents disagree with exposing their child to controversial curricula and decide to remove their child from the school, they could face a lot of red tape plus the inside of a courtroom.

There also exists potential for misuse and corruption by this law. Public schools are finding themselves more and more in competition with home-schooling, charter schools, private schools, and charter schools.

Public schools may start reporting kids who are removed from their control and enrolled into an alternative program. Parents should not have to explain their decisions or choices to public schools or ask their permission in order to provide their own children the education they choose. A vindictive school administrator could easily "lose" the paperwork dis-enrolling the student and bring a bureaucratic and legal nightmare onto the student and his or her parents.

Texas has yet to pass or enact any education reform that supports school choice. Though it will go far in reducing the drop-out rate, this bill is no exception. True education reform will not happen until school choice legislation is part of that reform.

Alleged Intelligence Breakdown In Boston Bombing

2013-04-24T11:10:00.002-05:00

Senator Saxby Chambliss and other members of the Senate Intelligence Committee are holding closed-door hearings concerning alleged intelligence failings concerning early detection of the Boston Marathon Bombing.

The hearings and briefings center around the efforts of FBI counter-terror and counter-espionage teams and their intelligence efforts.

After every attack from some threat force, be it foreign or domestic, some people scream and point their fingers of blame at the intelligence community. Usually, those doing so have never worked in the field. It's easy to blame something you don't understand.

Most people don't understand how the intelligence community really works. First of all, the only non-military (non-Department of Defense) intelligence agency is the CIA.

Intelligence agencies are not allowed to collect on US Citizens without a warrant.

The National Security Agency is part of the DoD. Many of the analysts and collectors are uniformed military members.

The same goes for the National Reconnaissance Office (NRO).

The Defense Intelligence Agency, US INSCOM, and all the others are military as well.

Only the CIA is not.

The FBI does investigations and law enforcement. If a non-military US citizen is alleged to be involved with espionage, terrorism, or other acts that threaten the security of our nation, the FBI is involved in the investigation.

In investigating the Boston Marathon Bombings, the FBI and local law enforcement did an outstanding job catching the two operatives before they could escape or conduct other attacks. Nobody can begrudge their efforts and swift results.

Inter-agency cooperation with the FBI, DEA, ATF, DHS, etc. requires a certain amount of red tape. There is a bureaucracy in place for an important reason. It is there to protect the citizens of our country against tyranny. The "Patriot Act" streamlined some of those bureaucratic hoops in some circumstances. However the privacy protection and 4th Amendment safety nets are still there.

The US Army's AR380-10 details who and what US Army personnel and intelligence assets are allowed to collect on. It also dictates the channels to follow should some collection indicate a possibility a US Citizen is involved.

The other service branches have similar regulations (laws). They are all governed by Department of Defense Directive 5240.1 and DoD Instruction 5240.4. These were derived from public laws including the Privacy Act of 1974 and the Patriot Act, the 3rd and 4th Amendments, and executive orders that dictate the policies provided by them. These executive orders include EO 12333 and EO 13388.

If, as a lay person, this is overwhelming and confusing, don't worry. Members of the intelligence community receive regular training (several times a year) on these regulations, laws, and policies to include supplemental training when any of them change, usually due to legislation.

We know at least one of the Tsarnaev brothers was a US Citizen. That put any investigation under the auspices of the US Attorney General. (Currently that is Eric Holder, the "godfather of Operation Fast and Furious"). Any investigations go through his office to the agency responsible for investigating. In addition, any investigation needs to include any necessary warrants before involving any of the military intelligence agencies, assets, or activities.Those requests must originate with the FBI or other Department of Justice agency.

The FBI is careful in doing much of that "intelligence collection". They were a little overzealous when investigating domestic terrorists that were part of the "Weather Underground". Because of their overstepping the laws, one terrorist, at least, could not be brought to justice. His name is William Ayers and he is a close associate of Barack Obama.

Have there been intelligence failures in the past?

Yes.

Pearl Harbor was an intelligence failure. Collectors and analysts detected, assessed, and analyzed predicatively an imminent attack on Pearl Harbor. Leaders, however, pooh-poohed the assessments. So, our forces in Hawaii were caught unaware. It was a failure to push the issue. It was a failing of candor. It is still considered the greatest failure of the intelligence community.

The World Trade Center and Pentagon attacks on September 11, 2001 were a similar failure. There were some indicators. However, due to bureaucracy meant to protect US Citizens, intelligence agencies didn't adequately share their data. Because of that, the picture wasn't pieced together. The bureaucratic red tape and inter-agency rivalries got in the way. Even in the aftermath, we cannot be sure that the intelligence community would have had enough data to have predicted or prevented the attack. (Anthony Shaffer, author of Operation Dark Heart, will elude to important information that was ignored by leaders, as well).

In reality, unless we are all given some magic insight into sensitive, confidential, or classified warrants, memorandums, requests, and communications, we cannot know if there was a breakdown. Hindsight is 20/20. Evidence, data, and information mined and compiled now may not have been detected before the event. Unless you were an intelligence professional working in one of the related missions prior to the attack, there is no way you can know what was there to be detected at that time.

In the grand view of the big picture, blaming the FBI for not having the intelligence and acting on it may be perceived as advocating the 3rd, 4th, and 5th Amendments be repealed.

Some risks are still worth taking. Pattern analysis, risk management, and well-known statistics tell us that we risk our lives every time we ride (or drive) in a car and each time we take a shower. We still take those risks almost every day. The vast majority of people emerge unscathed.

The risks of falling victim to a terrorist attack are still much, much lower. Is your freedom worth taking the risk of not impinging?

Mine is. I spent 24 years risking my life to protect your freedom and liberty, sacrificing some of my own to do so. I would gladly do so again. There are many others still in service doing that every day. So if I feel your liberty and freedom are worth it, shouldn't you as well?