Doing the Right Thing - In Texas

Today, the Texas Senate did the right thing. State Senators put aside their partisan differences and unanimously approved legislation known as the Free Flow of Information Act. It was the third legislative session passage of similar legislation has been attempted. Houston Democrat Rodney Ellis and Lubbock Republican Robert Duncan led the charge despite an attempt by Republican Tommy Williams of The Woodlands to add an amendment to the bill that would require Texas newspapers print a "disclaimer" when reporting stories using "whistle-blowers" or confidential sources. It was clearly an infringement on Freedom of the Press in violation of 1st Amendment protections. In response, Senator Duncan told his colleagues, "The media is a checks and balances on everybody, including you and me." Duncan also added, "It is wrong for the Texas legislature by law to compel" news organizations to do anything. Of course, he was right. Unsuccessfully, Senator Williams argued, "I don't see anything wrong with having journalists verify their story." The exchange was a brief yet pivotal moment in the floor debate. Williams realized he was fighting a losing battle after Duncan called his attempt "unprecedented" and "unconstitutional." Then a funny thing happened. Senator Williams did the right thing, announcing he was withdrawing his amendment and he voted in favor of the bill - along with every single one of his colleagues - approving the Free Flow of Information Act unanimously 31 - 0. House members will now have to approve some minor changes to the bill before it heads to the Governor's desk. Let's hope Texas continues doing the right thing this third time around.

CITIZENS INVOLVEMENT TAKES CENTER-STAGE IN CANTON, TEXAS

On April 17, more than five-dozen citizens and city officials spent a Friday evening arming themselves with professional education and advice about Texas’ Open Meetings and Public Information laws at a “Freedom of Information Forum” held in Canton, Texas, located about 53 miles east of Dallas.

Juan Elizondo, the Freedom of Information Foundation of Texas’ (FOIFT) Treasurer and member of the Board of Directors and Adrian Rodriguez who works for the Vinson & Elkins, L.L.P. law firm where FOIFT Past-President and member of FOIFT’s Advisory Council Thomas Leatherbury is a partner attended the public event held at the Canton High School. Rodriguez presented a slide presentation about Texas’ open government laws and Elizondo provided additional information about their practical applications for the people of Canton along with the benefits of advocacy organizations such as FOIFT.

According to co-organizer Kay Murphree, “We were extremely happy with our event, even as we wished for a bigger turn out.” Murphree also said, "We" are a loose group of civic minded citizens…” who do not “…have a name or a budget, our strength seems to come from our diversity and commitment to have better government in Canton answering to the citizens for their decisions and actions. We are professionals and non-professionals (but no lawyers), parents, singles, workers and retirees, and several retired career military people. We seem to have only one unwritten rule, we don't talk politics - we talk only issues. Our main interest is to have an open, transparent, truthful government and make sure that every penny of our tax is used wisely.”

Two people visiting from Grand Saline said, that “…they were wanting to learn how to get info from their city government” as they felt it was not being open and transparent to them; they also commented that “…this meeting was just what they needed and (said they) had come, at this time, as an answer to a prayer.”

Event co-organizer Ron Perkins says, “Mr. Rodriquez, was extremely knowledgeable and provided an excellent informative platform for this presentation. The subject matters were enhanced with the power point presentation and the attorney general information that was passed out to all attendees. Mr. Elizondo concluded the open discussion and well pressed the final comments into a concise and understandable structure that appears to have added value to this meeting. During the question and answer portion, our mayor inquired into a specific subject of 'third party' document retention and if that storage was subject to the '''Freedom of Information Act''. “With the city attorney present, it was refreshing to hear the answer so forthright presented by Mr. Rodriquez…”

Unanimous Vote for Free Flow of Information Act

It's often said, "...the third times a charm..." and FOIFT is hopeful that will indeed be the case with this current legislative session. Earlier this week, members of the Texas House of Representatives unanimously voted 146 - 0, approving a reporter's shield bill (H.B. 670) that provides journalists a qualified privilege from being compelled to disclose confidential sources and reporting material. This is the third legislative session passage of such a bill has been attempted. A companion bill in the Texas Senate, SB 915, also passed out of committee last week and both versions are very similar. FOIFT President Laura Prather was instrumental in helping negotiate compromise language between several media organizations and the state Prosecutor's Association.