rIE BATTALION
Wednesday, February 7, 1973
College Station, Texas
Page 5
Texas House Subcommittee Approves Ethics Bill For Legislators
more than
ar, hi
AUSTIN </P) — A House sub-
iinmittee approved an ethics bill
f ( r legislators and state officials
tdu ^ es P' te objections from
a T exas Supreme Court associate
PTe nate.i gt j ce t j iat p ro bably was un-
■ eh 1 em ’ ^institutional.
lary fj '|Rep. Jim Nugent, D-Kerrville,
- 1 1 ethics bill’s sponsor, also com-
as ,, '■'n^Bained of the subcommittee ver-
11 e P^lon and said he hoped the full
* ear el, pE 0US e State Affairs Committee
ceived »| ould override it.
The earliest the committee can
act is Monday.
Associate Justice Jack Pope
said the subcommitte had disre
garded his advice and kept judges
under the bill. He called this “un
equal treatment of the branches
of government.” The Texas Con
stitution, he explained, already
puts judicial behavior under scru
tiny by the Judicial Qualifications
Commission.
Nugent said there was a pos
sible violation of the constitution
al right of privacy in requiring
disclosure of stocks, bonds, notes,
real estate and business interests
“held” by state officials. He
urged that only property “ac
quired or sold should be covered
by the disclosure provision.
“Between now and when the
state affairs committee meets,
... I am going to try to get with
Judge Pope and go through this
bill section by section and attempt
to draft a bill that satisfies his
concept of constitutionality and
mine and see if the full commit
tee might not be inclined to ac
cept that substitute rather than
the one handed out by this sub
committee,” Nugent told news
men.
Rep. Larry Bales, D-Austin,
subcommittee chairman, said he
disagreed with Nugent’s view of
the bill’s constitutionality.
Rep. Jim Mattox, D-Dallas, who
offered the revised bill approved
by the subcommittee, said it was
necessary to require disclosure
of financial interests “held” by
an official.
“The public should be entitled
to know what assets a man holds
when he is in a public position
so they would know why he voted
in a particular way,” Mattox
said.
Included in the bill is a require
ment that retainers, such as those
received by some lawyer legis
lators, be reported.
A 12-member ethics commission
would enforce the act, investigat
ing complaints and reporting vio
lations to the attorney general
and district attorneys of counties
where they occurred.
Rep. Jim Clark, D-Houston, rec
ommended that the size of the
commission be cut to nine, includ
ing a newsman, a law professor,
a government professor and a
lobbyist.
Bales indicated he might back
Clark’s proposal as an amend
ment.
The subcommittee voted to ap
prove the substitute bill was 3-1,
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BOX
University Drive
at
College Station
with Reps. Dan Kubiak, D-Rock-
dale, and Hilary Doran, D-Del
Rio, absent. Rep. Joseph Sage, R-
San Antonio, cast the “no” vote.
Doran walked in a few minutes
later and said he, too, would have
voted against the substitute be
cause of the constitutional ques
tion raised by Pope and Nugent.
He referred, smiling, to those
who voted for the bill as “dumb
dingbats.”
The ethics bill is part of House
Speaker Price Daniel Jr.’s “re
form” program.
An ethics bill was passed in
1971, but the late Atty. Gen.
Crawford Martin held it unconsti
tutional because, he said, a finan
cial disclosure section violated the
right of privacy.
Marijuana Reform
(Continued from page 1)
Longoria said, “I think in the
state of Texas we’re doing in
justice to young people who
possess a small amount of mari
juana.”
In outlining his plan, Meier
said studies show that up to 25
per cent of the marijuana offend
ers in Texas prisons are under
25, and most are in for the first
time.
Several other persons — moth
ers, students, ministers and law
officers — told the committee it
was an injustice to put a 17-year-
old in prison for “passing around
a joint.”
Raymond Frank, the newly-
elected sheriff of Travis County,
recommended that possession of
under three ounces should carry
“no jail sentence.”
“I am interested in a realistic
marijuana law,” said Dist. Atty.
Smith in testimony before the
committee.
He sharply attacked Sen. An-
dujar’s bill as having a “ridicu
lous” breakdown. He said for
under two ounces a person would
be a misdemeanor but for three
he’d be a felon.
“We need to get away from
that,” he declared. Smith, who
described Austin as the “mari
juana capital of Texas,” also as
sailed the bills for not distin
guishing marijuana from other
forms of cannabis.
He then endorsed the Meier
proposal, saying it was “an at
tempt to treat marijuana in a
complete fashion.”
The Rev. Gayle White, a Rich
ardson minister, asked the com
mittee to avoid the breakdowns
altogether. Alcohol, aspirin and
tobacco are controlled by the gov
ernment, he said.
“Why can’t we legislate con
trol of marijuana as we do other
drugs.”
Most questions from commit
tee members concerned probable
acceptance of a marijuana bill by
the legislature. Would it appear
lawmakers were endorsing the
use of drugs? Would district at
torneys and judges like the bill?
Would a jury grant convictions?
Was there sufficient leeway in
penalties for varying amounts of
marijuana?
One question not asked was
whether marijuana was harmful.
All testimony concurred with Sen.
Gammage: “If there are long-
range damaging effects we don’t
know what they are.”
Or Smith, who said, “It’s not a
question whether marijuana is
harmful — I know it isn’t.”
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