Staff and Wire Reports
AUSTIN - A probation system reform plan and a bill that would require
police to get recorded permission to search a vehicle were among a group of bills vetoed Friday by Gov. Rick Perry.
Lawmakers searching for ways to ease crowded conditions at state prisons
had passed a bill that would have reduced probation for some felonies from 10 to five years, boosted funding for drug courts
and community-service programs and given judges greater oversight over probationers.
Supporters said the bill would lighten the workload of probation officers
and lead to fewer probation revocations because of rules violations such as failing to pay fees.
People on probation can avoid going to prison if they follow probation
rules and don't commit another crime.
Perry said the bill would have endangered public safety by reducing the
maximum probation for offenses such as kidnapping, injury to a child, spousal abuse, intoxication assault and habitual felony
drunken driving.
"These are serious crimes, and I do not believe Texas should reduce mandatory
probationary sentences for offenders who endanger the lives of others in such crimes," Perry said in his veto message.
Most people on probation committed nonviolent offenses such as fraud,
theft, burglary and drug possession.
The bill also sought to hire more probation officers. Perry said the
two-year state budget passed by lawmakers spends $55 million for that effort, which he supports.
"I'm sorry he did that," Rep. Jerry Madden, R-Richardson said of the
veto. "I think he made a mistake."
Madden is chairman of the House Corrections Committee.
Supporters had hoped the bill would prevent an expected overflow in the
state's prisons blamed on problems with the probation system.
The bill was opposed by 35 district attorneys who signed a protest letter
sent to Perry. Tarrant County District Attorney Tim Curry did not sign the letter.
Tom Plumlee, Tarrant County probation director, and other probation directors
worried that the bill would make about half the people now on probation eligible for early release at once, creating a massive
workload.
Tarrant County has about 23,000 people on probation.
Perry also vetoed a bill that would have required police officers to
have probable cause or get a driver's consent to search a vehicle.
During the legislative session, the League of United Latin American Citizens
had said the bill would reduce the number of unwarranted searches on Hispanic and black Texans and would decrease the time
police waste on unfruitful searches.
Perry, however, said he believes Texas has sufficient protections in
the state constitution and in case law that protect Texans from unreasonable searches.
His veto message also said there is insufficient information to determine
whether signed or taped consent requirements are too onerous on law enforcement or provide additional protections to the public.
Perry also vetoed a bill that would have allowed for a local option election
to allow mixed-beverage sales in restaurants in some North Texas counties, such as Dallas, Tarrant and Collin.
Perry said the current system allows local residents to decide whether
they want a liquor election "This dual process of petition and election is the best way to ensure that Texans can continue
to be in charge of the destiny of their neighborhoods," Perry said in his veto proclamation.
Other counties that would have been affected by that bill include Denton,
Ellis, Johnson, Kaufman, Parker, Rockwall and Wise.
Staff Writer Jeff Claassen Contributed to This Report, Which Includes
Material From the Associated Press.
