Once
again it appears the Legislature has taken two steps backward on ethics as it
applies to them.
It seems the
Legislature wants full disclosure about whether or not poor people took
advantage of Obama Care in a way similar to ancient history where wrongdoers were branded with
an “S” on their foreheads which became known as the “scarlet letter.” The Legislature overwhelmingly passed a
requirement that people who were furnished coverage through Obama Care would
have a set of numbers placed on their health cards identifying them as “Obama
Care” recipients. Ostensibly, this
is so doctors would know whether or not to take that insurance. I wonder if this measure was passed
hoping doctors would refuse the insurance so acquired as the state has turned
down the several billion dollars we could have gotten for implementing a decent
program for poor people.
During
this same session, the Legislature quickly killed any measure which would have
required identification of secret groups which might have given money to slush
funds for the members of the Legislature or other politicians—better known as “dark
money.”
Senator
Huffman, Chairman of the Senate State Affairs Committee, pushed through two
anti-ethics measures through her committee this session. First of all, Senator Huffman decided
she couldn't trust the public integrity unit of the Travis County District
Attorney, so she passed legislation handing off investigation of any wrongdoing
of an Austin politician to the Texas Rangers. It’s doubtful any powerful senator or member of the
Legislature, or even governor, would worry a lot about being investigated by an
entity which wholly depends on legislative appropriations for the salaries of
its members. Even worse, if the
Rangers find wrongdoing, they have to refer it to the politician’s home
prosecutor to decide whether or not to prosecute. Most of the senators, representatives and governors I have known in
the past have a cozy relationship with their local folks back home. It sure seems to me such a procedural
scam will not lead to many indictments or convictions.
Currently,
Texas law requires that officeholders file an annual financial report. One purpose of this requirement is to
tell voters whether or not there is a potential conflict of interest when
acting in an official capacity. Senator Huffman passed a bill which is a step backwards in transparency
of government. Her bill provides
that if property is in the spouse's name, it is not necessary to include that
property on a politician's financial disclosure. Texas being a community property state, no matter which
spouse's name appears on the title of property, it is community property unless
it is inherited or the result of a gift.
Therefore, even if property is in a spouse's name, one-half of it
belongs to the politician. Even if
the property in question is the separate property of the non-serving spouse,
income from it becomes communal and thereby benefits the officeholder. This bill robs citizens of the ability
to know whether or not the officeholder has a potential conflict of interest or
receives benefit from a business not favored by voters.
I
suspect this legislation was prompted by the fact that a couple of our state
officials have conveniently forgotten to list community property on their
financial disclosure and were reprimanded by the state’s ethics commission.
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