Search results matching tag 'legislature'

Texas Attorney General Declines To Issue Opinion To Clarify Same-Sex Marriage Controversy In El Paso

edominguez — Mon, 09 Aug 2010 23:11:00 GMT

El Paso County Attorney Jo Anne Bernal today announced that the Office of the Texas Attorney General Greg Abbott has formally declined to issue a legal opinion regarding the granting of marriage licenses to individuals who have undergone sex change operations.

On April 19, 2010 El Paso County Attorney's Office requested a legal opinion as to whether the County Clerk could legally issue a marriage license under a new Texas law when one of the parties is a female and the other was born a man but subsequently underwent sexual reassignment surgery and is now living as a woman.

The request was made after two Hudspeth County women requested, and were denied, a marriage license in El Paso in February of this year. As proof of identification, one of the applicants presented a birth certificate identifying her as a male, a court order approving his name change from a male to female, and an Arizona driver's license with her new identity as a female.

Presented with conflicting documents, the El Paso County Clerk's Office requested guidance from the County Attorney's Office as to the eligibility of the applicants to obtain a marriage license.

Legal analysis revealed the existence of a legal gray area around this particular issue, raised by recent changes adopted by the Texas Legislature. Up until 2009, the identity and gender of a marriage license applicant was established through a birth certificate. However, during the 81^st Session, the Texas Legislature expanded the list of documents acceptable to establish proof of identity and age for purposes of obtaining a marriage license. Section 2.005(b) of the Texas Family Code lists the nineteen documents approved and, to make things more difficult, all are given equal legal weight.

This is important for transgender individuals, as conflicting information on various personal documents may arise not from fraud, but because of sex reassignment surgery, and so transgender applicants should be able to self-identify their gender, as opposed to a court doing it for them.

In a letter dated on August 6, 2010, the Texas Attorney General's Office notified the El Paso County Attorney's Office that they will refrain from answering any questions or issuing an opinion, and in fact are closing the file on this request. The reason provided for this action is that issues included in the opinion request are the subject of pending litigation recently filed in the 245^th District Court of Wharton County, In the Estate of Thomas Trevino Araguz III, Deceased, Cause No. 44575. The letter further states that, once that litigation is concluded, the El Paso County Attorney could submit another request if these questions remain unresolved.

El Paso County Attorney Jo Anne Bernal expressed her disappointment regarding the decision of the Texas Attorney General Gregg Abbott.

"Unfortunately, the ambiguity in the law and confusion for the County clerk remains," Bernal concluded.

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AG Opinion Press Release.pdf

AG Letter (RQ-0881-GA).pdf

AG Opinion Request.pdf

New State Law Prohibits Making Or Accepting Political Contributions Inside County Courthouse

edominguez — Mon, 10 Aug 2009 17:00:00 GMT

New law will take effect on September 1, 2009

El Paso County Attorney José R. Rodríguez has informed County elected officials and County employees about a new state law that makes it a Class A misdemeanor criminal offense to make or accept political contributions while in the courthouse. The prohibition includes political contributions to candidates or officeholders, political committees, or persons acting on behalf of candidates, officeholders or political committees.

In Texas punishment for a Class A misdemeanors ranges from payment of fines of up to $4,000, to confinement of up to 1 year in jail, or both payment of a fine and confinement.

The prohibition, which will take effect on September 1, 2009, also applies to all county annexes, offices of the Justice of the Peace, the Juvenile Probation Department, the MDR Building, and all Municipal Courtrooms.

The new law explicitly excludes from the prohibition political contributions received via the United States Postal Service or common or contract carrier.

County Attorney José R. Rodríguez said today that, although all County officials and employees have been informed about this new legislation, it is also very important for residents of El Paso in general to take notice of this prohibition.

"In the past, it has been a common practice for individuals interested in the political process to bring campaign contributions to Judges or County Officials in person or drop them at their offices in the Courthouse. Such activity is now illegal and can bring legal consequences to those who are not in compliance", Rodríguez said.

Rodríguez explained that awareness about the new prohibition is especially urgent because a great number of District Judges and County Officials will be running for re-election next year, and during the next couple of months many residents are expected to make political contributions in those races.

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Campaign Contributions Press Release.pdf

Political Contributions Memo.pdf

Commissioner’s Court Endorses Legislative Proposal To Create El Paso County Ethics Commission

edominguez — Thu, 12 Mar 2009 20:31:00 GMT

Bill Now Goes Before the Texas Legislature for Discussion and Approval

By a 5-0 vote, the El Paso Commissioner's Court this morning approved proposed legislation to provide statutory authority and enhanced power to the current County Board of Ethics.

The proposal calls for the creation of a 9-member body to oversee compliance of the County's Ethics Code: one appointed by each member of Commissioner's Court, and 4 representatives from the public chosen by the appointed members.

If approved by the Texas Legislature, the proposed bill will authorize the El Paso Ethics Commission to assess civil and criminal penalties for violations of the ethics code. Some of the penalties contemplated in the proposed legislation include fines of up to $4,000 for violations, fines of up to $500 for County public servants (Elected County officials, County employees and agents), lobbyists and vendors who delay providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.

During the meeting, El Paso County Attorney José R. Rodriguez explained the proposed legislation was necessary because currently county governments under Texas law do not have the power to enact ethics codes with civil or criminal sanctions.

"In the last few months we have heard criticism from El Paso residents who rightly point out that the current County Ethics Code does not have teeth. The current Board of Ethics can only issue "public censures" to individuals who violate the code, and that to residents is the equivalent of a slap on the wrist," County Attorney Rodriguez explained.

"With the approval of this item, El Paso County becomes a state leader in demanding ethical conduct from its public servants and the individuals who solicit business from them," Rodriguez concluded.

The proposed legislation now goes to members of the El Paso legislative delegation and will be filed in the Texas House and Senate in the next few days.

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Ethics Commission Proposal Press Release.pdf

Summary Ethics Legislation 2-18-09.pdf

County Ethics Commission Bill Draft 2-24-09.pdf

County Ethics Board Approves Legislative Proposal To Impose Civil And Criminal Penalties To County Public Servants, Lobbyist And Vendors Who Violate The Code Of Ethics

edominguez — Sat, 21 Feb 2009 00:09:00 GMT

The El Paso County Ethics Board met this morning in a special meeting and approved proposed legislation to authorize the creation of an Ethics Commission. The Commission, in contrast to the current Ethics Board, would have the authority to enact an Ethics Code that includes assessing fines and criminal penalties to County public servants, lobbyist and vendors, who violate the Code.

At the meeting El Paso County Attorney José R. Rodriguez explained the details of the legislative proposal, explaining that the residents of El Paso demand more accountability from County government.

If approved as written, the proposed legislation would create an Ethics Commission of 9 members; one appointed by each member of the Commissioner's Court, and 4 representatives from the public chosen by the appointed members.

The bill would also authorize the Commission to assess fines of up to $4,000 for violations to the Code of Ethics, of up to $500 to officials or County employees for delays in providing information to the Commission, and up to 3 months in jail for unauthorized destruction or release of confidential information.

The legislation would also give the Commission strong investigative powers, including the authority to issue subpoenas and offer witnesses whistle blower protection.

El Paso County Attorney José Rodríguez said residents of El Paso County have been demanding more accountability from their County officials, particularly after some of them became the target of a public corruption investigation by the local FBI.

"During the last few months taxpayers and the media have been criticizing the County's Board of Ethics because it lacks "teeth" to enforce violations to the Code of Ethics. The approval of the proposed legislation today is the first step towards implementing a new system that will require from elected officials and County employees higher degrees of professionalism and honesty," Rodriguez said.

Members of the Ethics Board will present the proposed legislation to the El Paso Commissioner's County on Monday February 23, 2009 and request their support for the measure. If approved, the bill will be filed in the Texas legislature by members of El Paso delegation.

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Summary Ethics Legislation 2-18-09.pdf

County Ethics Commission Bill Draft 2-18-09.pdf