Wednesday, May 11, 2011

'Sanctuary cities' ban passes in Texas House

AUSTIN — After taking the unusual and controversial strategy of cutting off debate, the Texas House late Monday voted 99 to 47 in favor of a ban on "sanctuary cities," despite objections that the measure was unnecessary and will increase racial profiling against Hispanics.

House Republicans voted to end debate by calling for an immediate vote on the bill, shutting down debate on amendments after four hours of sometimes heated discussion.

Democrats roundly criticized the tactic almost as emotionally as the underlying legislation, and faulted House Speaker Joe Straus for allowing the maneuver.

"Is this the intended course that the chair intends to exercise as we proceed?" asked State Rep. Sylvester Turner, D-Houston. "If the chair along with the super-majority — if they will simply let the rest of us know — which bills they intend to have proceed regardless of debate and points of order — they will save us a lot of time and effort. No question the super-majority can pass any bill at any time."

Turner was referring to the "super-majority" enjoyed by the 101 House Republicans. State Rep. Harold Dutton, D-Houston, suggested that, by cutting off debate, Democrats have no input into legislation.

"Is this the sine die for the rest of us?" Dutton asked, using the Latin term for the end of the legislative session. "I just want to know if my session was shortened by 21 days."

The abrupt ending followed hours of contentious debate and day-long negotiations on House Bill 12, which bans local governments from adopting policies prohibiting law enforcement officials from inquiring about the immigration status of detained individuals.

Opponents, led by Hispanic Democrats, offered personal stories of racial profiling, appealing to the overwhelmingly Republican Texas House to reconsider the bill's all-but-certain passage.

State Rep. Jose Menendez, D-San Antonio, recounted the story of how his father, a Cuban immigrant who spoke little English, went out to paint his house shortly after moving to the Valley. A police officer drove up, demanded his papers, and threw him in the back of a police cruiser, Menendez said. Only the intercession of his wife, who spoke better English, saved him from arrest.

He urged rejection of the proposal, arguing it will cause "9 million legally living Latinos in this state… to live in fear. All of us in this room, we speak the language, but many of you in this room have family members, friends, people you go to church with who are now going to have some fear in their lives."

The bill, given emergency status by Gov. Rick Perry, would prohibit government entities from instructing law enforcement personnel not to inquire into the immigration status of persons detained in a criminal investigation. Opponents say it would lead to racial profiling and diminished trust of law enforcement in the Hispanic community.

During the initial debate Friday, opponents delayed the measure's passage by raising a point of order about a technical flaw in record-keeping.

It was one of several bills delayed last week when Democrats used a strict reading of the House rule book. Tensions boiled over in the Texas House Saturday when Republicans responded by using their 101-voting strength to cut off debate on a controversial bill to curtail frivolous lawsuits.

After a meeting of the Republican caucus Monday, caucus chair Larry Taylor, R-Friendswood, said Republicans will not shirk from using their voting strength to shut down Democratic stalling tactics.

"We are going to continue to work with our Democratic colleagues," he said. "But we are not going to let a handful of members overrule the will of the House. They are going to lose and we are going to win."

In floor debate, State Rep. Allen Fletcher, R-Tomball, argued that lawmakers were insulting law enforcement by suggesting there would be abuses. He said the measure would be a tool for law enforcement combat "the terrorist element" in this state.

State Rep. Jose Alisedo, R-Brownsville, said the bill should not be feared because federal law already outlaws sanctuary cities.

"My skin is brown, I am Hispanic, and I am not afraid of House Bill 12," he said. "I've been driving Mexican for all those years and I have never suffered racial profiling."

The Senate has not taken action on a sanctuary cities bill.

patti.hart@chron.com

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