Op-Eds

Ellis: HISD schools shouldn’t honor Confederacy

On Wednesday, June 24, 2015, I sent the below letter to the chairwoman of the Houston ISD Board of Education, Rhonda Skillern-Jones:

The Honorable Rhonda Skillern-Jones
Chair, Houston ISD Board of Education
4400 West 18th Street
Houston, TX 77092

Dear Chairwoman Skillern-Jones:

This week, we have witnessed a nationwide uproar regarding the continued government support and endorsement of Confederate symbols. Their presence on the South Carolina Capitol grounds, Mississippi state flag, Virginia license plates, countless street names, and elsewhere has resulted in much-needed conversations about the appropriateness of sanctioning painful symbols of slavery and racism. These are longstanding debates that were again brought to the forefront of our national consciousness days after a white supremacist who proudly waved the Confederate battle flag brutally murdered nine Charleston parishioners solely due to the color of their skin.

As the nation collectively reexamines vestiges of a discriminatory past, I turn my eyes closer to home. By my count, at least six schools in the Houston Independent School District (HISD) are named after men whose notoriety stems from their fealty to the Confederate States of America during the Civil War, an insurrection aimed at preserving the institution of slavery. When we name a school after someone, we send a message to our children that this individual is worthy of honor and praise. It serves as a community-wide endorsement of the person as a role model for our children to strive to embody through educational achievement.

The time has come for a change. I ask that the Board put in place a process to review and consider renaming HISD schools named after Confederate loyalists.

Remembering our past is important, especially if you want to avoid making the same mistakes. But we can teach our students about the evils of the past without endorsing the actions of those who fought to uphold them. When we honor hate at our schools, we teach hate to our children. For a large portion of HISD students, the Confederacy is a past that would have prevented them from ever attending school and made them subordinate to fellow students. Many of them would have lived in chains and been sold like chattel had the namesakes of their school been successful in the cause they espoused.

Given that the Confederacy was – in the words of Texas’ February 1861 official declaration of secession – “established exclusively by the white race, for themselves and their posterity,” it is illuminating to see the current demographic makeup of the schools that bear Confederate names:

Dowling Middle School is named after Richard Dowling, a Confederate army officer. According to the most recent data from the 2013-14 school year, the school is now 57.7 percent Hispanic, 40.3 percent African American, 0.4 percent Asian, and 1.1 percent white.

Jackson Middle School is named after Thomas “Stonewall” Jackson, a brigadier general in the Confederate army. The school is now 87.6 percent Hispanic, 10.7 percent African American, 0.1 percent Asian, and 1.2 percent white.

Johnston Middle School is named after Albert Sidney Johnston, a general in the Confederate army. The school is now 49.3 percent Hispanic, 32.9 percent African American, 3.3 percent Asian, and 12.5 percent white.

Davis High School is named after Jefferson Davis, president of the Confederate States of America. The school is now 88 percent Hispanic, 10.8 percent African American, 0.1 percent Asian, and 0.9 percent white.

Lee High School, which has notably stopped using the “Robert E.” portion of the school’s original name, is named after the commander of the Confederate army. The school is now 71.6 percent Hispanic, 15.7 percent African American, 7.8 percent Asian, and 3.7 percent white.

Reagan High School is named after John H. Reagan, postmaster general and secretary of the treasury of the Confederacy. The school is now 83.3 percent Hispanic, 8.6 percent African American, 0.5 percent Asian, and 4 percent white.

As an extremely diverse school district in the most diverse city in the nation, the names of our community schools should not lionize men who dedicated themselves to maintaining the ability of one human to own another. I hope that the Board will use this unique opportunity to move the district in a new direction and away from a discriminatory past by creating a process to review and consider renaming schools named after Confederate stalwarts.

Sincerely,

Rodney Ellis

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Let more community colleges offer four-year degrees

By Sen. Rodney Ellis and Rep. Sarah Davis

All hardworking Texas families should have the opportunity to compete for today’s best and fastest-growing jobs in order to move up the economic ladder, and an integral part of making those dreams become a reality is access to affordable educational opportunities.

After all, higher education is more important than ever. While a high school degree once sufficed in previous generations, a bachelor’s degree is often a prerequisite for jobs in today’s 21st century economy. Texas leads the nation in job growth, and economic indicators point to continued growth and the rising need for a skilled workforce, particularly in the critical fields of nursing and applied sciences.

Unfortunately, attending a public four-year college or university in Texas has gotten considerably more expensive over the past dozen years. In fact, the average cost of full-time attendance at a public university increased 104 percent from 2003 to 2013 – more than doubling.

In an effort to address the ongoing need for a skilled workforce and the spike in the cost of higher education, we filed legislation this session – Senate Bill 271 and House Bill 1384 – to carefully implement an alternative pathway for students to obtain a four-year degree.

These bipartisan bills provide the Texas Higher Education Coordinating Board with the authority to allow community colleges that meet certain criteria to offer bachelor’s degrees in either applied science or nursing – provided the schools use a measured, phased-in approach, and meet other safeguards we include in our legislation.

Proposed community college baccalaureate degrees would be reviewed according to the same standards used for baccalaureate program approvals at universities. This would include demonstrating short- and long-term workforce needs in the field, adequate faculty and library resources to meet accreditation standards, sufficient funding to support the program without harming existing programs, and regular review processes to ensure quality and effectiveness.

The proposed legislation offers another avenue for students and working adults that want a more affordable higher education experience to complete a four-year degree. Community colleges offer lower costs relative to universities, as estimates put the cost of a four-year degree at a community college around $10,000 to $12,000. In addition, community colleges often have more flexibility by offering courses in the evening, on weekends, and hybrid classes making it much easier for folks with fulltime jobs to continue their education. Community college graduates are also more likely to remain and work in their local community, ensuring that the same public that invests in their education also reaps the benefits.

Community colleges can and should be leveraged to provide limited and affordable four-year degrees in areas of the state where needs are the greatest. Seventeen states, including Texas, already allow some community colleges to offer four-year degrees.

Currently, three Texas community colleges are authorized to offer a maximum of five baccalaureate degree programs in applied technology. The experience of South Texas College, Brazosport College, and Midland College suggests that these programs can be rolled out in a gradual, thoughtful manner. This experience has already put those regions of the state in a better position to meet local workforce needs.

Texas universities and colleges are incredibly important to our state, and they will continue to provide and produce the majority of baccalaureate degree-educated students in our state. But Texas still has real workforce needs that are not being met – needs that will require the state to utilize all alternative pathways to build and maintain an educated, skilled workforce for in-demand occupations that require a four-year degree.

We look forward to working with the legislature to prepare Texans to participate in today’s competitive global economy.

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Ellis: Texas should have right to select messages it wants to promote

Earlier this week, the United States Supreme Court heard arguments in a case that will determine whether the Texas Department of Motor Vehicles must issue Sons of Confederate Veterans specialty license plates that bear two images of the Confederate battle flag – a flag that never flew over our state and is now closely associated with violent hate groups.

I have been quite vocal in my opposition to the proposed license plates over the past four years. During that time, I received numerous phone calls, letters, and emails from individuals who are excited to tell me the “true” history of the Confederacy, complete with why Texans should be proud to have license plates bearing the image of the stars and bars.

Winston Churchill said that “history is written by the victors.”  This is apparently true except for the Civil War. Confederate apologists have spent 150 years trying to change the Civil War into something that it was not. Here’s what it was: an insurrection against the United States government with the goal of maintaining the institution of African slavery.  Instead of facing that reality, Confederate apologists continue to try to rewrite history, couching it as a war in defense of states’ rights.

Rather than rely on modern interpretations of history, I believe the best source of information for why Texas joined the Civil War is the words of men who actually made the decision to secede. The Texas declaration of secession, issued in February 1861 when the state seceded, provides an illuminating glimpse into their motivations.

The declaration denounces the United States for “proclaiming the debasing doctrine of the equality of all men, irrespective of race or color — a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of the Divine Law.”

It goes on: “[w]e hold as undeniable truths that the governments of the various States, and of the confederacy itself, were established exclusively by the white race, for themselves and their posterity; that the African race had no agency in their establishment; that they were rightfully held and regarded as an inferior and dependent race, and in that condition only could their existence in this country be rendered beneficial or tolerable.”

That is the real Civil War: men fighting to preserve the fundamental wrong of one human owning another. Slavery was not a minor cause – it was an essential part of the call to arms.

That is the backdrop of the legal case that was argued on Monday, when the key issue was whether specialty license plates are government speech. If the Supreme Court finds they are, then Texas has discretion over which plates to issue. Conversely, if specialty plates are found to be private speech, then the government’s power to limit a message is restricted, and as a former Texas solicitor general contends, “[e]verything would have to come in – swastikas, sacrilege, overt racism, you name it.”

Denying Texas the right to disassociate itself from messages that it does not wish to convey would have obvious negative consequences. If the Department of Motor Vehicles cannot exercise some discretion to reject offensive plates and must instead merely act as a rubber stamp, are there zero limitations to what we will soon see on Texas license plates?

I do not want to see a license plate supporting the American Nazi Party any more than I want to see one supporting the Confederacy. In fact, I would rather shut down the entire specialty license plate program than see a swastika on a state-issued plate.

The state government must have a right to select the messages that it will promote. Texans remain free to slap the Confederate battle flag on bumper stickers, but the Department of Motor Vehicles should be able to reject that message on our license plates.

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Ellis: As we honor King, let’s examine criminal justice reform

Martin Luther King Jr. sacrificed his life on a mission to make America true to its constitutional promise of equal opportunity and justice for all. Unfortunately, recent events are a sobering reminder that 50 years after Selma, the gap between the vision of the dream and reality of disparate justice persists.

Though we have made progress, the need to push for reforms to ensure all people, regardless of race or income, receive fair and equal justice under the law is as important and necessary today as it was that bloody Sunday.

These problems aren’t unique to Ferguson, Mo., and Staten Island, N.Y. Legal scholar Michelle Alexander has appropriately labeled our nation’s criminal justice policies “the New Jim Crow,” and as the Chronicle’s recent coverage tells us, we have the same issues – perhaps even worse – right here at home. They are as persistent and extensive as they are disturbing, and the numbers don’t lie:

In 2012, African-Americans made up only 18.9 percent of Harris County’s population, but they comprised 65.8 percent of those from the county incarcerated in state prison for drug possession and 50 percent of the people detained in Harris County jails, despite the fact that rates of drug use barely differ between racial groups.

Houston Police Department officers shot 121 civilians between 2008 and 2012, yet not a single officer was indicted or disciplined.

Seventy percent of people in the Harris County Jail have yet to be convicted of any crime, the majority of whom merely cannot afford to post bail.

These aren’t just statistics – they are real lives affected. We must decide whether we care enough about those lives to take action, right now, to move us forward toward a more fair, equitable and effective justice system we can rely on.

We can start by advancing smart-on-crime diversion alternatives for low-level, nonviolent drug possession offenses, which are proven to be more effective at improving public safety, and move away from our ineffective and wasteful over-reliance on incarceration. It’s equally important to reform how these laws are enforced by moving toward community policing and away from “broken windows” policing and practices like “stop-and-frisk” that disproportionately target the poor and communities of color.

Most of our police officers do honorable work, and their service is to be praised and respected. But as with any profession, we must have transparency and accountability to ensure public trust. An independent police review board with subpoena power should be established; independent prosecutors should be required in any case with a law enforcement-related death; body cameras, with proper policies regarding their operation and accessibility, should be mandatory; and all police interrogations should be recorded.

We need to advance reforms to ensure every person, regardless of color, rich or poor, stands equal before the law if they are accused of a crime. Our right to be judged by a jury of our peers must be protected through measures to eliminate the broken key man grand jury system, prevent outside influence and bias, and eliminate barriers to community participation. Everyone in a free society deserves that their constitutional right to counsel be protected by access to quality legal representation, which we can help through the expansion and funding of public defenders and managed assigned counsel systems.

People should not be imprisoned simply because they are poor, so it’s imperative we fix our bail bond system to stop locking in jail those who have yet to be convicted of a crime because they cannot afford bail.

We should establish an entity to consistently oversee and compile data on our criminal justice policies to evaluate their effectiveness at reducing crime and the reliability, efficiency, and fairness in their application.

As we celebrate King’s birthday this week, let’s dedicate ourselves to honoring his legacy with more than rhetoric and commit ourselves to making his dream a reality through meaningful action.

King said, “The arc of the moral universe is long, but it bends toward justice.” But that arc doesn’t bend on its own. It’s our responsibility, each and every one of us, working together, to dedicate ourselves to advancing the cause of equality and justice for all. We can start today, and we’ll be a better city, state and nation as a result. What better way to honor a true American hero?

Ellis, a Democrat, represents Houston in the Texas Senate.

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Ellis: Veterans courts relieve strife brought home by troops

By Sen. Rodney Ellis and Judge Marc Carter

As this Veterans Day approaches, it is appropriate to honor those who have served our country. Veterans Day is not only flags and parades, though. It is a reminder that, every day, we all have a chance to do something to assist those who have sacrificed so much in our name. That is why we are letting our community know that, even in the criminal justice system, there can be a place where compassion and justice meet. That place is called the Veterans’ Court, and this Veterans Day marks the fifth anniversary of the first such court in Texas, which was started right here in Harris County in November 2009.

Like most great ideas, this one had many people who helped give it a start. From folks in the Legislature who drafted and pushed for the bill in 2009 that authorized the creation of treatment courts for returning vets, to the large number of federal, state, county, judicial and nonprofit officials who helped bring the statute to life in the Harris County district courts, to the local private bar associations, prosecutors and court staff who worked tirelessly to make the implementation work on a day-to-day basis – all are owed a debt of gratitude.

This very special court is a labor of love for all involved. For us, it combines two public-policy issues that are near and dear to our hearts: helping veterans and making our criminal justice system more fair and balanced.

The principle behind these courts is simple: If a veteran suffers from a condition related to his or her service, such as traumatic brain injury, post-traumatic stress disorder or depression, and that condition leads them to an encounter with the criminal justice system, then our treatment court will ensure they are matched up to the services at the Department of Veterans Affairs to which they are entitled. The court will hold them accountable to use those services and receive the treatment and counseling needed to cope with the residual effects of war. If they complete their treatment honorably, they are given a chance to reclaim their good name and clean record.

To date, 52 veterans of all services, from the Vietnam era to Iraq and Operation Enduring Freedom in Afghanistan, have completed the felony program successfully. Now the Harris County misdemeanor courts are beginning their own program, and today there are 19 such programs across Texas. Each court has chosen to focus on its own unique population. Some have made drug abuse among veterans their priority, as returning vets may self-medicate to cope with PTSD, physical pain from injuries and depression. Other courts focus strictly on the needs of felony offenders and the serious consequences they face in our criminal justice system.

All of these courts are united in their mission to help those who served us. Men and women who might never have gotten treatment to grapple with the profound changes in their lives as a result of military service now have that opportunity thanks to the enacting legislation and the good people from the VA and local governments who put it into practice.

Texas has a long tradition of honoring those who served. Wherever you can, we urge you to ask your local officials to consider such a program so that we can give meaning to the pledge to honor veterans as they return home. We did not march where they marched, yet we can help them carry their burdens back home.

 Ellis, a Democrat representing Houston in the state Senate, is author of the original veterans court legislation in the Legislature. Carter is presiding judge of the Harris County Veterans Court.

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Your Voice is Your Vote – “Lift Every Voice”

Today is National Voter Registration Day, and Texans are less than three weeks away from the deadline to ensure their voice can be heard this November. A voice that is often missing in nonpresidential years is that of our community: African Americans. This is an election year during which we simply cannot afford to stay silent and at home.

Fifty years ago, young people traveled to Mississippi to help register African Americans to vote in what we now call Freedom Summer. Huge resistance met them. James Chaney, Andrew Goodman, and Michael Schwerner paid for their bravery with their lives. There have been many sacrifices made before and after that summer for our right to vote, which is why we must honor those who fought for this sweet freedom by exercising it.

There are those who would stand in the way of our constitutional right to vote in this state. They call for repeal the Voting Rights Act. They support discriminatory redistricting maps so that our voices are drowned out on the issues that matter to us like the education of our children, health care for our families, and the right to a fair wage.  They would bar us from access to the ballot with strict new voter identification laws akin to a poll tax.

In the end, far too many Texas voters simply don’t show up, causing our state to consistently rank near the bottom of the country in voter turnout. In 2012, turnout was barely over 50 percent, ranking 48th in the nation. In 2010, we were dead last.

But Texas is stronger when all of our voices – regardless of race, gender, and class – are included in the political conversation. Speaking our priorities through our votes holds those we elect accountable for the work they do on our behalf. We must lift every voice before the October 6th voter registration deadline and ensure that we are heard in the discussion about Texas’ future.

This National Voter Registration Day, make sure that you are registered to vote and your registration is up-to-date. Then push your family, your friends, your neighbors, and everyone else you can think of to register or update their status as well.

There is much at stake this November. Honor the memories of those who fought to assure we have this important right by making our voices heard louder than ever at the ballot box. We cannot afford to stay silent any longer.

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Remembering Mickey Leland

Today marks the 25th anniversary of the untimely passing of Congressman Mickey Leland. While leading a relief mission to a refugee camp in Ethiopia, his plane went down in remote mountains, killing him, his staff, and a group of international leaders.

Mickey was my boss, my mentor, and my dear friend. He died as he lived, trying to end world hunger and serving as a voice for the voiceless. His story is worthy of celebration and remembrance, as the values he embraced still live on a quarter of a century later.

First elected to the Texas House of Representatives in 1972, Mickey was unlike anyone who had ever served in that body previously.  Picture an African American with an afro, platform shoes, leather shoulder bag, and bright dashiki walking around the Texas Capitol. He caused quite a stir.

By the time he got elected to the U.S. House of Representatives in 1978 – replacing Barbara Jordan – he had traded in the dashiki for a business suit, but that did not change what he fought for. He used his position in Washington to shine the spotlight on the plight of the powerless in this world.

Mickey Leland Ethiopia

Mickey had a motto, quoted from the Talmud: “If you save one life, you save the world.” He put that motto in practice, fighting to bridge the differences in our society, expand diversity, and end world hunger.

One of the first things he did in Congress was create a program that has sent hundreds of students from his congressional district to Israel during the summer of their junior year of high school, helping to broaden their perspective of the world.

He also began an internship program to start casting the net for more minority students to get involved in government service – one that I emulated through the Texas Legislative Internship Program.  Mickey opened the door to students interested in the system and helped them get their foot in the door for training and experience.  His efforts helped change lives, and also – in small ways – helped change the culture and complexion of the professional staff in Congress.

It was also his staff that ended up changing my life. I met Licia Green at an event in DC with Mickey. She later moved to Houston to run his district office, we fell in love and got married, and the rest is history.

But the cause that came to define Mickey was the plight of Africa, particularly the children of the continent. He talked frequently and eloquently about how this issue became his defining cause. On a trip to the Sudan in 1984, he watched a young girl die of starvation right before his eyes. He said he saw her face every day.

He knew something had to be done, and he was in a position to do something about it. He worked hard to expand ties and increase aid to the nations of Africa. He championed anti-hunger efforts and helped expand U.S. aid to Ethiopia during the famine in 1985. He traveled frequently to Ethiopia and across Africa and put into practice his deep belief that we are supposed to help “the least of our brothers.”

I still miss Mickey every day, but the lessons that he taught me will always guide my public service.

He taught me that there are no lost causes or unwinnable fights.   He taught me that patience, cooperation, and dedication are the small but vital steps of progress.

He taught me that change comes in constant and consistent action, not in one fell swoop.  He taught me that we are responsible not just for ourselves and our families, not just for our friends or neighbors, but for the people and children of the world.

And he taught me that we can all make a difference if we simply choose to get involved and take a stand.

So I am using the anniversary of Mickey’s passing as a moment to rededicate myself to the values that he espoused: courage, compassion, and a commitment to all people.  I hope today’s solemn occasion will cause more to follow his lead.

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Hard work continues for Travis County’s big move on public defense

By Sen. Rodney Ellis

Imagine a baseball game in which the umpire also happened to be the manager of one of the teams. Absurd, right? Yet something very much like that scenario plays out in many Texas courtrooms every day.

When a person charged with a crime cannot afford to hire a lawyer, the Sixth Amendment of the United States Constitution requires that an attorney be appointed to protect the rights of the accused. In most Texas counties, judges control the appointment of these attorneys. They decide who is eligible and control how much the lawyers will be paid. Judges even have a responsibility for making sure the defenders do their job appropriately, even though they only see a sliver of the attorney’s job performance in the courtroom.

While they do their best, it is not hard to see that judges already have a full plate without having to supervise the performance of one half of our adversarial system. This is one big reason the American Bar Association’s first principle for public defense says that “the public defense function, including the selection, funding, and payment of defense counsel, is independent.”

Travis County is poised to start a new system which promises to not only make indigent defense more independent of the judiciary, but also to add a level of management, quality monitoring, and professional development that has not been part of the system before. With the help of a grant from the Texas Indigent Defense Commission, the county will implement a “managed assigned counsel” program, in which a non-profit criminal defense organization will coordinate and provide criminal defense services to poor defendants. The program will work with the two existing public defender offices in Travis County, specializing in juvenile cases and representation of persons with mental illness, and provide defense for all other appointed cases.

As a result, 100 percent of the county’s indigent defense appointments will be handled through an independent, professionally-managed defender organization – a first in Texas. The Travis County judges, court personnel, and defense bar are to be congratulated for taking the initiative to hammer out a plan that will benefit the county’s entire justice system.

Managed assigned counsel programs, patterned on a successful private defender program in San Mateo, California, are a relatively new option for Texas counties that rely on private attorneys to provide indigent defense services. The program recognizes the benefits of independence from the judiciary and the need for more proactive coordination and management.

Some of the program’s biggest boosters are judges, who are pleased to be relieved of the somewhat awkward responsibility for coordinating defense services, which for many is a distraction from their core responsibilities. With the defense under judicial control, the biggest concern is not that the defense gets any advantage, but rather that there is pressure on the defense to do what is in the interest of the courts (such as move cases quickly) as opposed to what is in the interests of their clients (which may create more work for the courts). The traditional system creates a complex web of incentives which needlessly complicates, and sometimes compromises, the practice of criminal defense.

While the benefits are many, the implementation of this new program will have to remain true to the ideals of better justice from which it came. The new structure alone will not elevate the quality of services provided. That will take effective management, sufficient resources, and a willingness to hold lawyers to a high standard of professionalism.

While the system needs to make sure that it invests in the attorneys providing this important service for the county, we must focus on the fact that it does not exist for the lawyers first and foremost, but rather to protect the rights of the indigent accused. Too often, poor defendants in Texas have been victims of the “meet ‘em and plead ‘em” variety of defense.  An effective defense requires client communication, investigation of the facts, and zealous advocacy for the best outcome possible for the client.

While these things will not automatically follow from the new management system, there is now the best opportunity ever to ensure that every accused person, no matter how poor, is represented with the professionalism that is appropriate to our ideals of fairness and justice.

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Civil rights remain a struggle in Texas

By Members of the Texas Senate Democratic Caucus

This week, Texas will welcome four U.S. Presidents and dozens of dignitaries for the Civil Rights Summit at the LBJ Presidential Library. It’s a chance to honor an essential movement that’s reshaped, and is continuing to reshape, our great nation.

It’s also a chance to reflect on what “civil rights” — ideas like freedom, fairness, equality, life, liberty and the pursuit of happiness — mean to 21st century Texans. There are still unfair laws to fight. But in Texas, the civil rights struggle has expanded to unfair budgets as well.

Make no mistake: Education is a civil right. Healthcare is a civil right. So are the rights to drink clean water, move freely about our communities and, most importantly, vote.

For years, these rights have been undermined, and even openly attacked, in the Texas Capitol. There may not be the same grainy, violent news footage that people associate with the civil rights struggle, but the basic stakes of fairness and equality haven’t changed.

Texans love this state. We settle and stay here to pursue our fair share of Texas’ prosperity. So we rightly demand a fair system that provides real, meaningful freedom and opportunity to each of us — no matter our ethnicity, our gender or where we live.

But when we look to those running state government, Texans don’t always see fairness.

Instead, we see a fixed system that consistently puts well-connected millionaire donors and corporations ahead of middle-class working Texans.

We see a school finance system that’s so unfair and inadequate that most Texas school districts felt compelled to sue the state over it.

We see a sustained attack on health services, women and the poor, along with efforts to revise history, whitewash the record, and ignore the plain fact that Texas leads the nation in its percentage of uninsured residents.

We see a murky, incomprehensible budget that makes it difficult to determine how much of our money is going to school kids and how much is going to billionaire sports team owners.

We see budget writers who piously scold others about “budgeting like a family” while they watch state highways grind to a halt, allow rural areas to fall into drought, and ignore the obvious investments that would keep the state’s infrastructure from crumbling like a neglected house.

And in clear echoes of struggles from 50 years ago, we see repeated efforts to make it harder for Texans to exercise the most fundamental right of all – the right to cast their ballots.

These are subtle attacks. They generally occur in back rooms and behind closed doors. They don’t make for iconic television.

But for children, women and men of all races – for hard-working citizens across Texas – these are attacks on dignity, opportunity for prosperity, freedom, and, yes, civil rights.

For these millions and millions of Texans, the fight for freedom and fairness is as much about the present and future as it is about the past.

We’re glad so many people have come to Texas this week to take part in this critical conversation. Let’s make sure it extends beyond this event, through this year’s elections and into next year’s legislative session.

This article was co-authored by members of the Texas Senate Democratic Caucus, including Senators Kirk Watson (Chair), John Whitmire, Judith Zaffirini, Rodney Ellis, Eddie Lucio, Jr., Royce West, Leticia Van de Putte, Juan “Chuy” Hinojosa, Carlos Uresti, José Rodríguez, and Sylvia R. Garcia.

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Predatory lending hurts Texas families

By Senator Rodney Ellis, Representative Mike Villarreal, Representative Craig Eiland

In an op-ed published in the Galveston Daily News, Adam Burklund, field organizer for the Consumer Service Alliance of Texas, asserted that we and the “consumer interest groups” we represent defeated the predatory lending reform bill last session. While we would like to revel in any claim that gives us so much power over the Texas legislature, we hate to break it to Mr. Burklund, but the only consumer interest groups we represent are the consumers of our respective House and Senate districts.

To refresh Mr. Burklund’s memory, the bill that he says passed “overwhelmingly” out of the Senate Business and Commerce Committee actually passed 5-3, hardly what we would call a landslide. Furthermore, the compromise bill that Mr. Burklund claims Senator Ellis had a hand in killing on the Senate floor last session actually passed off the Senate floor with  the support of 24 senators − a truly bipartisan piece of legislation. Maybe Mr. Burklund is referring to the death of the version of the bill that came out of the Senate committee that contained a little provision that the predatory lending industry was really banking on: the so-called preemption clause.

The preemption clause would have voided any steps that cities had taken or will take in the future to protect their residents against the most harmful practices of the predatory lending industry. At the time that the bill was being debated in the Senate, seven Texas cities had passed similar ordinances to protect their residents, all stronger than what was being proposed in the bill that passed out of the Senate committee. Had that version of the bill passed, those ordinances would have been voided and replaced by substantially weaker statewide legislation. Fortunately, the Senate saw the danger of the preemption clause and unanimously, and overwhelmingly, voted to nullify it.

Since then, eight more Texas cities have passed similar ordinances, including the City of Houston. As of today, 6.7 million Texans are protected by an ordinance that is stronger than what passed out of the Senate committee, and this scares the predatory lending industry to death. This is why the industry showed up in droves and testified for hours against the bill when it was heard in the House committee.  It was at this point that the bill never saw the light of day again.

Our actions have never been devious, as Mr. Burklund asserts in his op-ed. We have been very up front and honest with our efforts to push for strong legislation that offers real protections for Texas consumers and oppose any legislation that would actually hinder Texas cities from passing ordinances that are right for their residents.

Mr. Burklund claims that we want to kill the predatory lending industry as it exists in Texas. This is also untrue. We want to change how the predatory lending industry conducts business as usual and see the most egregious of its practices die. In 2012, the current predatory lending business model drained $1.25 billion in fees from working Texas families for loans at 500 percent interest and higher. Business as usual hurts Texas families.

The fact of the matter is, while 15 states and D.C. currently either prohibit predatory lending or have regulations restrictive enough that the industry chooses not to operate in those states, there are nine states that have sensible limitations on fee rates, loan usage, and terms, and the predatory lending industry still manages to exist.

We have always maintained that we do not want the small loan business to go out of business in Texas. We understand there is a need for it in our communities. What we want is for the businesses providing the loans to operate in a responsible, fair, and honest way. The people of Texas would be better served if the industry supported fair lending practices rather than fighting efforts to better the way they conduct their predatory business by penning misleading op-eds and attempting to change easily verifiable facts.

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