Sneak Attack on Public Integrity Unit?
Buried in the four-inch stack of amendments to the house budget bill is a subtly crafted ambush on the Public Integrity Unit of the Travis County District Attorney’s office. This is the outfit that investigates corruption cases involving public officials, the most famous of which in recent memory was Ronnie Earle’s dogged pursuit of Tom Delay in the TRMPAC case. Earle has moved on, but Republicans haven’t forgiven or forgotten. This session, Arlington Republican Bill Zedler filed a bill (HB 1928) seeking to move the unit out of the Travis County D.A.’s office and into the Attorney General’s office, which is to say, out of Democratic control and into Republican-held territory. Similar efforts in previous sessions went nowhere, and Zedler’s bill has yet to get a hearing.
But he may not need one to get the revenge Republicans have been seeking. That’s because one of Zedler’s proposed HB 1 amendments, a seemingly simple half-page item (on page 251 of the stack) moving funding for the Public Integrity Unit over to the AG’s office, contains what appears to be a cleverly couched sneak attack. The amendment provides that funding for the unit will be moved to the AG’s office only if HB 1928 is passed into law and the unit’s duties are officially transferred out of the D.A.’s office. Careful readers will note, however, that this contingency provision is inserted only midway through the amendment. The first part of the amendment, which zeroes out the funding for the Public Integrity Unit in the Travis County D.A.’s office, is not contingent on passage of HB 1928. So even if HB 1928 dies and Zedler fails to get the unit moved to the AG’s office, passage of the amendment—according to a couple of budget veterans I consulted—will still zero out funding for the salaries of everybody who works in the Public Integrity Unit at the D.A.’s office. Small consolation for Tom Delay, perhaps, but a score will have been settled.
But that’s not all the amendment would do. The Public Integrity Unit doesn’t just do public corruption investigations—it also prosecutes insurance fraud and tax fraud, including on sales of gasoline and tobacco. In the last 4 years, the unit has recovered over $8 million in restitution. With no funding, those investigations would cease, too. In other words, Zedler wouldn’t just be screwing the men and women of the Public Integrity Unit, he’d be screwing the taxpayers of Texas–which is something that Tom Delay would not have appreciated.
These types of contingency amendments, if adopted, typically get shuttled off into a portion of the budget bill known as Article 11, a wasteland of wish list items that may or may not get funded. It’s the perfect place to hide a time bomb. I asked Representative Zedler this morning if I was reading his amendment right–that the Public Integrity Unit would be defunded even if HB 1928 failed to pass. “I would say that’s right,” he said. Zedler said if HB 1928 failed, then the money for the unit could be moved somewhere else in the budget, like nursing homes, for example. Zedler denied that revenge was a factor. “I’ve always been puzzled why a statewide function should be undertaken by a local elected official,” he said. He was unaware, he said, that the unit also handled insurance and tax fraud investigations. “I’m sure the AG’s office can handle those types of investigations, too,” he said.
When I pointed out that some members might not notice the unusual placement of the contingency clause, he laughed. “Oh, I bet somebody will catch that.”
NATE BLAKESLEE
Tagged: bill zedler, budget, HB 1, state budget
Anonymous says:
Rethuglicans are crooks. That’s a real dog bites man story there.
Reply »
Horace Bunce Reply:
April 3rd, 2011 at 3:47 pm
There is no Public Integrity in the Public Integrity Unit. It is the political hatched department for the democtrat party.
Your bit dog hollers.
Reply »
JFK's Ghost says:
Paul, will you have to expand your worst legislator list this session to accommodate more than 10 legislators? Maybe it will be easier to just say who is not on the worst legislator list? It still amazes me that the crazies wear being on the “worst legislators” list as a badge of honor. It is a testament to just how nutty the GOP has become in Texas. Maybe there is voting fraud in Texas because who in their right minds would actually vote for these people?
Reply »
Anonymous says:
How dare those damned Republicans try and take this out of the hands of Travis County voters! What are they thinking?? It is clear that only Travis County should elect the governor, lt. gov and should be allowed to control all functions of state government.
We can’t allow those mean cruel Republicans to think that someone with state-wide jurisdiction should be elected state-wide.
———–
Nate — why just bring up the Tom Delay case? What about other cases? Did you just need something for your base instead of trying to provide a good fair story?
Your overly partisan article is a veer off of what Burka has tried to provide here — good, balanced, well-researched stories.
You clearly took a different path.
Reply »
texun Reply:
March 31st, 2011 at 10:44 am
There’s nothing overly partisan about the article, as Rep. Zedler’s comments indicate. Nate followed up on one of the frequent devices that legislators use to get business done without subjecting them to conventional scrutiny.
Back when Travis County was made the locus for such trials, one of the justifications was that the kind of violations to be pursued usually either occurred in Austin or were directly connected with State government.
Solid article, Nate.
Reply »
BigRich Reply:
March 31st, 2011 at 12:21 pm
Agreed. I think even Zedler would call it fair and balanced. Subtly crafted amendment? Yes. The Tom DeLay case is the most infamous in recent memory? Certainly. Article XI is a wasteland of items that may or may not be funded? Absolutely. Partisan article? No.
Reply »
Vernon Reply:
March 31st, 2011 at 11:52 am
Earle prosecuted many more democrats than republicans during his tenure. That’s why democrats hated him and republicans never ran against him.
Reply »
Spiro Eagleton Reply:
March 31st, 2011 at 12:08 pm
You are incorrect. Shane Phelps was a well funded Republican opponent against Earle in 1996 and 2000. Phelps got 45% of the vote in each of those elections.
Reply »
Vernon Reply:
March 31st, 2011 at 2:38 pm
Thanks for clarifying for me, Spiro. I always understood that he ran unopposed.
But why has the effort to move PIU under the AG failed in previous sessions? Why can’t Zedler get a hearing? I would think a republican majority could do it if they really wanted to.
Gen. Sam Houston Reply:
March 31st, 2011 at 1:28 pm
There were no Republicans in state office during much of Earle’s tenure. He had to satisfy himself with prosecuting Democrats from the other, non-Earle branch of the Democratic party…that’s the only reason Vernon can claim Earle prosecuted more Democrats than GOP.
Spiro Eagleton proves my point. Even after the unbelieveable, incompetent debacles of the Maddox and Hutchison inquisitions — which should have earned him the boot in any other jurisdiction — Earle easily drew a majority of votes vs. Phelps from the reliably Democratic citizens of Travis County. That’s why a prosecutor responsible to only the voters of Travis county should not be in charge of statewide ethics investigations.
Reply »
Bodhisattva Reply:
March 31st, 2011 at 1:25 pm
Anonymous at 10:27 a.m. is hanging himself on his own petard, whining about the “overly partisan” post. Travis County voters have nothing to do with the Public Integrity Unit. It was located in Travis County when it was formed because – surprise! – the state capital is in Travis County.
By the way, one of its most famous prosecutions was of a sitting Attorney General, Jim Mattox. I would not have trusted Jim Mattox to allow an impartial investigation of him to proceed, and I would not trust Greg Abbott either.
Reply »
Anonymous says:
Nate doesn’t believe in a world where voters get to elect the officials who preside over them. He only wants some voters — which he calls “Democrats” — to preside over everyone.
If it should just be in the hands of one county, why not Smith County or Johnson County?
Reply »
hooboy! Reply:
March 31st, 2011 at 10:35 am
What a great idea….when the Capitol is moved to Smith County or Johnson County.
Jeeeezzzz…come ON people.
Reply »
JFK's Ghost says:
Why Travis County? Because the seat of government in Texas is Travis County for starters. Has been for a long time I am told. Number two, this is how it has been done for as long as most of us can remember. There never seems to be a problem when Democrats get in trouble (i.e. Kino), but once Tom Delay is convicted of a felony, the GOP cries fowl and wants to change the rules. Understand that this is about changing the rules to where corrupt Republicans are immune, but Democrats will be hounded. I do not think anyone can say with a straight face that the Public Integrity Unit has not been a balanced and equal opportunity prosecutor. This is about politics, and politicians like Zedler who want Republicans to be above the law. Surely you remember his attempted improper influence with the Texas Medical Board to get a big dollar donor out of trouble? Heck, he even filed a bill on it. No shame. Why are you defending this kind of action Republicans?
Reply »
Anonymous Reply:
March 31st, 2011 at 11:08 am
I don’t give a damn if Travis County is the seat of government or whether PUI had been operating out of Travis County for 600 years or whatever– that’s not the damn point! Any fair minded person knows that the PUI is not a local governmental function– it is a state function and belongs under the auspices of the state. Zedler is correct in bringing this legislation to bring this function under the umbrella of the state where it belongs. All this other BS about revenge, crying “fowl” (sic, see JFK’s post above) over the Delay matter is just a distraction. Burka hates Zedler and cannot admit that Zedler is right. If this had been one of Burka’s Democrat pets like Wendy Davis sponsoring this legislation, he would be singing her praises.
Reply »
JohnBernardBooks Reply:
March 31st, 2011 at 1:23 pm
“but once Tom Delay is convicted of a felony”
when you have to jury shop and use other tried and true democrat dirty tricks to get someone, its time for a change. The voters took note in Novemember and now the grownups are in charge. The only other action needed to tie this up in a nice bow for the voters is to string up Ronnie Earle in the Capitol lobby for all to view.
Reply »
Kenneth D. Franks Reply:
March 31st, 2011 at 8:50 pm
J.J.B., Tom Delay deserved more than he is being punished for in my humble opinion and now you are advocating a lynching of Earle on a public site?
Reply »
JohnBernardBooks Reply:
April 1st, 2011 at 6:05 am
“now you are advocating a lynching of Earle on a public site”
Don’t put words into my mouth. I’m advocating making an example out of Earle for misusing his office.
Mike Nifong was disbarred and removed from office for doing what Earle did. That’s wasn’t enough to stop Earle and other out of control DAs. We need to send a signal that even they understand. If you misuse an elected office and public funds for a partisian agenda, jail time.
Earle is a coward he retired when the spot light was turned on his dirty deeds.
Anon says:
By your reasoning, you would believe that the AG should just be elected by Travis County because the state capitol is here. Flimsy logic.
Reply »
BigRich Reply:
April 2nd, 2011 at 10:44 am
JBB, You characterize Earle as a coward who retired when the spotlight was on him. As I recall, he retired and put himself directly in the spotlight by running in the Democratic primary for Lt. Governor and lost.
Reply »
Gen. Sam Houston says:
It’s about time that someone had the courage to take on the historically-corrupt “Public Integrity Unit.” It was Ronnie Earle’s playpen for years. Since he left, it’s been more benign — but only because it’s done virtually nothing.
I doubt this has anything to do with DeLay, who is now powerless. It has everything to do with making certain a statewide function — ethics investigations — are supervised by voters of the entire state, and not merely by its culturally most left-wing county. Note the squeals from liberals above — “this is the way it’s always been done.” LOL. Funny how “progressives” don’t want progress if their own private little fiefdoms are being examined.
Congratulations to Rep. Zedler for finally taking on this long-overdue reform. Perry and Dewhurst had a decade or more to do something, but couldn’t summon the political cojones.
And Anonymous 10:27 a.m. is spot on. This is a decidedly partisan Burkablog post….Paul usually does a much better job keeping the outlook pointed down the middle.
Reply »
He Who Knows Everything Reply:
April 1st, 2011 at 11:26 am
The PIU should be in Travis County because the District Attorney will be a liberal. Everyone knows that liberals are the only ones who are honest and incorruptible. Ronnie Earle was an a good example of these character traits.————April fool
Reply »
Big Tex says:
Alright, I’ll take the bait and tell you why the Public Integrity Unit shouldn’t be a part of the AG’s responsibility: because Public Integrity becomes oxymoronic when coupled with Greg Abbott!
Reply »
Rog says:
Some of you are living in a fantasy land. Defunding the Public Integrity Unit in no way stops prosecutors in Travis County from prosecuting crimes committed in Travis County. If it’s against the law to engage in that activity, and you go ahead and do it anyway, in Travis County, you can be brought to justice.
Reply »
Spiro Eagleton Reply:
March 31st, 2011 at 12:10 pm
Exactly. All the more reason to defund it.
Reply »
Galveston Sage says:
Aside from the fact that the Texas Constitution does not authorize the Attorney General of Texas to prosecute criminal activities, can you think or another reason for not moving the investigation to the Attorney General’s Office. Perhaps the “good old boy” syndrome might be a good reason. The Attorney General isn’t going to take action against a fellow state-wide office holder.
Reply »
Red says:
I guess all of the Democrats that Ronnie Earle prosecuted over the years don’t count for diddly squat? If anything, a Public Integrity Unit should be out of the hands of elected officials! Moving it to the AG’s office (nothing against Greg Abbott, he’s a decent guy) would be a bit of a problem if you had a corrupt AG, no?
Reply »
Anonymous Reply:
March 31st, 2011 at 1:17 pm
that’s a feature, not a bug
Reply »
anita Reply:
March 31st, 2011 at 3:30 pm
DA’s and CA’s, prosecutors across the state have the ability to bring a legal action against a person based upon their actions in the local jurisdiction. Why would we sever out a class of persons and say that they are protected from prosecution by a local DA or CA for action in Travis County?
I’d also say that if you aren’t interested in breaking the law, why should you care?
There are also protections in place if, in fact, you have a rougue prosecution — the governor could pardon a person prosecuted by the local DA, but he’s never done so. So what’s the problem?
Just because you have the power to do something doesn’t make it a good idea or wise.
As Mrs. Thompson just told Mr. Paxton on the House floor, “where are the grownups?”
Reply »
helen wheels says:
As i recall, zedler passed exactly one bill in his last session. Maybe this could be his one for this session before voters throw him out again.
Reply »
Anonymous Reply:
March 31st, 2011 at 1:36 pm
Sorry Helen, one term was enough for Chet’s stooge.
Reply »
BigRich Reply:
March 31st, 2011 at 5:09 pm
Anonymous at 1:36 should check with Texas Veterans and see how they would describe former Rep. Chris Turner…that is, if anonymous even cares what Texas Veterans think.
Reply »
anon says:
Doubt it….Tarrant Co is picking up a seat. All of the Tarrant R’s will be safe in the general. I also doubt you can get to the right of Zedler in the R primary. Thanks for playing.
Reply »
Anonymous says:
Chet’s stooge, wow, that must have taken alot of thought to come up with that. The stooge is the moron peddling creationist bills and is general embarassment to Tarrant County and the entire State of Texas.
Reply »
Pat says:
Chris Turner is one of the brightest, most talented, dedicated, and likable people I know. If he’s a stooge, what does that make the rest of us?
Reply »
jodi says:
This is a leak so detailed and obvious that two thoughts come to mind:
(1) is Nate still writing for the Texas Observer?
(2) Isn’t it a shame that Laylan Coplin couldn’t have put this on the front page of the Statesman?
Reply »
austin says:
Chris’s greatest achievement was passing a lotto ticket for vets, instead of coming up with real solutions for them. Thanks for gambling our future, Chris!
Reply »
Anonymous says:
A “subtly crafted ambush,” really? I’m sure if a liberal tried this (say Donna Howard going after the SBOE), it would’ve be called a “shrew political tactic.” Great objectivity.
Reply »
JohnBernardBooks says:
“Earle has moved on, but Republicans haven’t forgiven or forgotten”
no he didn’t he cut ‘n ran. Why shouldn’t he be held accountable for misusing his office to “get” Delay?
Reply »
Helen Wheels says:
Zedler’s primary goal as a legislator seems to be to use his legislative privilege to bully state agencies into providing information that is otherwise confidential. His “legislative purpose” for acquiring such information is to pander to persons who are not even his constituents. He continued to do this when he was a lame duck and had no possible legitimate legislative use for the information – other than possibly building his campaign fund to regain his seat.
He is rabid but mostly harmless as he is completely ineffective in the legislative process. Unfortunately, the people of this district are, for the most part, without representation.
Reply »
Anonymous says:
I am one of Zedler’s constituents and feel that Zedler’s efforts are very helpful to promoting the interests of his district and the state. I guess you can say that he is “pandering” to his constituents to the extent that he is someone who cares very much about holding the line on government spending and making sure that that state agencies are using the taxpayer dollar responsibly. This is a message that resonated last November and will continue to do so for many more terms. However I can see how a big government liberal would be really aggravated by Zedler. I forecast your aggravation continuing for many years to come.
Reply »
Dave says:
I commend PIU they took down Kino Flores (Dem) and Tom Delay (Repub) I lean far right but even the far rights know Delay was a crook. I have no respect for Abbott as an AG either. I would ask the Burka to look into the investigation of SBOE Member Bradley and why the AG did not prosecute him for fraud of his 2007 election. Everyone knows he has never lived in Beaumont. AG had a solid case that had been brought before a Grand Jury but never pursued it. AG let the statute run. Bradly being a Repub and his brother DA in Williamson County who happens to get appointed by Perry. Hmmm sounds dirty Burka.
Reply »
JohnBernardBooks Reply:
April 1st, 2011 at 2:19 pm
actually they let Kino Flores off with a slap on the wrist. Some jail time was deserved for the crimes committed, but he is a democrat.
Who doesn’t know about Nick Lampson using his bro-in-law’s address to run Delay’s old district?
Reply »
Dave says:
Both had a jury, so the jury is to blame not PIU. Delay was a little more dirty and liked to run around on corporate jets all over America playing golf when he should have been voting on the War issue with Iraq. I sat in on some of the Delay trial and Kino, Delay is disgusting piece of dung. Kino didn’t hold a candle to Delay. The other thing is the AG has no power to prosecute and would have to let Travis DA prosecute the case or let the local DA do it which in Kino’s case he would still be in office as well as Delay. Makes sense that Travis has venue.
Reply »
anonymous says:
Helen,
You can’t really use that line any more sense Fred Brown and Zedler are about to pass a bill dealing with the lack of transparency with the Texas Medical Board. At one time you could trick people with your lines, but anyone who sat in on the committee hearing now knows the truth.
The old Chet and Frost staffers have lost their jobs after an embarrassing campaign effort, so now they just throw grenades from their home offices.
Reply »
Helen Wheels says:
You can hear almost anything in hearings. There is no truth test for testimony.
Reply »
Just a Guy says:
Let’s look at the last 4 Attornies General of Texas. Mattox got hit hard by the PIU, Dan Morales went to jail for his actions….state agencies have a hard time investigating each other, and an even harder time going after a constitutionally elected officer. Leave it in the Travis County DA’s office…..and no, I am NOT a Demoocrat….just a Republican who thinks clearly.
Reply »
James says:
Let’s see, Ronnie Earle somehow missed the stench coming from the Texas Attorney General’s Office under Dan Morales (the feds had to clean that one up) and from Rep. Terri Hodge in Dallas (again, the feds had to sanitize). I ask: how did these two obvious cases somehow escape the keen eye of the PIU?
Reply »
chickasawelder Reply:
April 2nd, 2011 at 11:01 am
So, James, does the Travis County Public Integrity Unit also have jurisdiction over federal crimes? Did Morales and Hodge really escape their keen eye, or did the PIU make federal prosecutors aware of the possible federal crimes that had been committed?
Reply »
JohnBernardBooks says:
Wasn’t Dan Morales a democrat?
Reply »
chickasawelder Reply:
April 2nd, 2011 at 11:08 am
Yes. Dan Morales was a Democrat who made a big splash endorsing Rick Perry for Governor in 2002 after Rick Perry made a big deal appointing Morales as his advisor on an anti-crime commission! A few months after Perry’s election, Morales was indicted on the federal charges.
Reply »
Anonymous says:
So was Terri Hodge.
Reply »
Gonzo says:
Yep, Earle picked on people by indicting criminal conduct. Poor David Lee Powell – indicted by Earle and sentenced to the death penalty three times in three trials with three Travis County juries. Damn tree huggers in this town. Oh – has Saint John the Divine Bradley even managed to do that?
Reply »
JohnBernardBooks Reply:
April 2nd, 2011 at 8:43 pm
Earle cut N ran that tells me all I needed to know. Just another crooked misguided democrat.
Reply »
Gonzo2 says:
Earl cut and ran? From what? He got a grand jury to indict DeLay. Both sides raised appellate issues prior to that trial. Then DeLay got convicted in a trial. By a jury. Twelve people. DeLay retreated and surrendered from his office, despite the title of his book that can be purchased for a penny on amazon.com. Blame DeLay and his million dollar attorney for his woes. The worst Earl did was to retire prior to his former employees winning the trial last year. The nerve of him. Does that make him a poor winner or does it make him a poor loser. Think about it…easy…there ya go. Oh well – you still don’t get it, do you?
Reply »
JohnBernardBooks Reply:
April 4th, 2011 at 3:15 pm
Delay’s Attorney told Mr Earle he’d like his deposition concerning his actions and Earle resigned shortly afterward. Why didn’t he draw a line in the sand and fight for what he believed in like Texans do?
Reply »
Gonzo2 says:
When the State prevails in trial there are no grounds for prosecutorial misconduct. The jury verdict and the judge’s sentence vindicate and justify Mr Earl – end of argument. Other than Mr DeLay’s and your feelings being hurt, what is your line of reasoning for Earl doing something wrong? I’m sure John Gotti and Al Capone didn’t like their prosecutors either, no crooks ever do. My 6 year old has a more lucid sense of logic than Earl’s critics. I just went back and read a quote by Dick Degeurin saying that he was happy with the jury panel he helped select right before that trial started. Cry me a river. What can say you now?
Reply »
James says:
For each high-profile case Mr. Earle somehow won, we got an equally big disaster. In addition to Mattox and Hutchison, look at the catastrophes that were the Yogurt shop murders and Lacresha Murray. Why in the world anyone would still defend this guy is beyond me. Heck, we got flogged by no less than the New York Times (no bastion of right-wing sympathy) in the Lacresha Murray case.
Reply »
Dave says:
I believe the PIU record stands at Democrats 30 indictments and 9 indictments on Republicans Sounds pretty unbiased group ran by a Democrat.
Reply »