Wednesday, May 9,1990
The Battalion
Page 7
lements threatens to veto school finance bill
"tourt may appoint special master
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I AUSTIN (AP) — Gov. Bill Clements threat
ened Tuesday to veto the latest school finance re-
â– orm plan offered by legislative leaders, while a
state judge neared naming a special master who
could write his own plan for Texas schools.
I The Legislature and Clements face a June 1
deadline.If they fail, the job will be done for
jtheni by the special master being appointed by
suite District Judge Scott McCown.
I Three people were nominated for the job
T uesday. The names were offered by parties in
the lawsuit that led to the Texas Supreme Court’s
â– nanimous school finance reform order. Recom-
Biended to McCown were:
I — Billy Walker, a school finance expert who
■erved on the Governor’s Task Force on Public
â– Education.
I — Former Texas Supreme Court Justice Wil
liam Kilgarlin.
I — Jose Cardenas, an education expert and
former superintendent of the Edgewood school
district in San Antonio.
The master may be named this week, officials
laid.
The Democratic-controlled Legislature now is
in its third special session on education. This ses
sion was called after Clements, a Republican, last
week vetoed a half-cent sales tax increase needed
to fund a $555 million reform plan earlier
adopted by lawmakers.
Another $555 million reform bill was passed
Monday by the Senate. A measure lacking a price
tag will be considered Wednesday by the Flouse.
Both bills are virtually identical to the plan Clem
ents killed last session with his tax veto.
Clements said Tuesday that he’s not afraid
that his continued opposition to the Legislature’s
school finance reform plan will lead to court in
tervention.
“Just as soon as that bill hits my desk, I will im
mediately veto it,” Clements said of the latest re
form legislation.
“I have remained absolutely firm in my posi
tion that we will not have any new taxes,” Clem
ents said.
Senators on Tuesday OK’d some $140 million
in state budget cuts to help pay for school re
form. Lawmakers are looking for more cuts and
are examining raising some state fees, said Sen.
Kent Caperton, D-Bryan.
But legislative leaders said they see no way
around a tax increase to meet the Supreme
Court’s order to make more money available to
property-poor school districts.
If state taxes aren’t raised, there will be in
creases in local property taxes, lawmakers said.
“We chose the sales tax. Apparently the gover
nor has chosen the property tax, which we think
is more devastating to the citizens of our state,”
said Flouse Speaker Gib Lewis, D-Fort Worth.
In offering names for the special master post,
the poor school districts nominated Kilgarlin and
Cardenas. Walker was recommended by the
state.
Kilgarlin, defeated for re-election in 1988 af
ter serving a six-year Supreme Court term, did
not participate in the court’s school finance rul
ing, which was handed down in October.
State program will close
lid J;|
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AUSTIN (AP) —Thousands of
seriously ill T exas children, too
poor to afford private medical
care, will be dropped from state
assistance next month because
the program has run out of
money, officials said.
Stale Health Commissioner
rt Bernstein notified Jegis-
leaders this week of the
une funding cutoff for the
â– hronically I If and Disabled Chil
dren's Program, saying a pro
jected $1$ million deficit left him
no choke.
Other officials said money
could actually run out sooner be
cause of an April ruling by Attor
ney General Jim Mattox that
made an additional 1,700 sick
children eligible for benefits.
The program is the provider of
last resort tor about 16,000 chil
dren who cannot be covered by
Medicaid or private insurance
and who suiter from cancer,
spina bifida, cystic fibrosis., epi
lepsy, AIDS and other diseases,
officials said.
The number of children who
would be affected by a cutoff
would be something less than
16.000.
“We must either acquire addi-
Is, Ill'
to Kt
Walt
service levels or discontinue ac
cepting new patients and autho
rizing additional services.” said
Bernstein's letter to knvmakers.
“Unless a funding solution is
found for the CfDC Program, we
have no alternative,” Bernstein
wrote.
John Evans, director of the
health department’s Bureau of
Crippled Children’s Services, said
no additional spending is being
authorized after June L
“To most of the diems, tins
means we will not pay their bills
after June 15,” Evans said.
“This covers all cases. IPs an in-
discriminate case of cost con
tainment,” he said. “This is a re
sult of running an appropriated
program with only so many dol
lars, and when they run out, we
can’t continue paying bills.”
Evans and other officials said
they were unsure how many sick
children would be affected.
Private social service groups
earlier estimated that about 4,000
children would be affected by a
cutoff of funds. , - <x >
Deaths raise suspicions
Woman charged with murdering four-year-old
GARDEN CITY, Kan. (AP) —
The police chief of a small Texas
town said Tuesday he does not plan
to investigate the deaths of five chil
dren of a Carden City woman now
charged with murdering her 4-year-
old son.
“The only way I’ll open anything
up is if a judge orders me to,” said
Bovina, T exas, Police Chief Gary
Coleman.
Diana Lumbrera, 31, was charged
Monday in Finney County District
Court with first-degree murder in
last week’s death of her 4-year-old
son, Jose Antonio Lumbrera. She
was being held Tuesday in the Fin
ney County Jail on $100,000 bond.
Her next hearing was scheduled
May 15.
The deaths of her five other chil
dren, which occurred in and near
Bovina in the late 1970s or early
1980s, were ruled natural by Texas
child-welfare officials at the time,
said a Texas deputy sheriff.
Coleman, who said he was not
personally familiar w'ith the cases be
cause he’d been chief in Bovina for
only 18 months, said there was no
evidence of foul play in the deaths of
a 4-year-old girl, a 2Va-year-old girl
and 5-rnqntJi, 3-mpmn and U/a-
month-ofd infants.
He can fy^d that^pply two autop
sies were performed. They showed
two children died from sudden in
fant death syndrome or congestive
heart failure.
“There wasn’t anything suspicious
at the time they occurred, and I read
nothing in the two reports that
would indicate anything different,”
Coleman said. “If you can’t prove
anything, you can’t do anything.”
But a Parmer County, Texas,
sheriffs deputy who served pre
viously as police chief in Bovina, said
he had always been suspicious of the
childrens’ deaths despite the rulings
they had died naturally.
Jerry Atchley, who served as po
lice chief from 1978-1979 in the
Panhandle town of 1,400, said he
never discussed his suspicions with
Coleman.
“I really always felt there was
something wrong,” said Atchley,
who attended two of the childrens’
funerals. “If she had another child
and another death, I can’t believe it’s
happening like that.”
Meanwhile, the woman’s sister
said all the children had died in a
similar way, after simply turning
pale with purple lips.
Scientist
side
examines
fannies
Jury awards no damages
in Dallas newspaper case
'acul)
relin-
basis
beii'
qitf
I DALLAS (AP) — New research
Ras bolstered theories that a fat
(army may be better for your health
Tan a bulky belly, the American
Heart Association says.
Results of a recent study suggest
[hat the type and location of body fat
re just as important as the total
(mount of fat in determining a per-
Jon’s risk for certain diseases — and
[hose with padded posteriors have
Jhe advantage.
I David Freedman of the Centers
(or Disease Control in Atlanta, who
(o-authored a study on the subject,
jays a team of scientists examined
|he body shape and blood fat levels
of 1,124 healthy men and women in
vlilwaukee, Wis.
He said women tend to be more
[‘pear-shaped,” accumulating fat in
the buttocks and thighs, while men
psually store fat in a “spare tire”
Wound their waist, making them
[‘apple-shaped. ”
Men also are more likely to have
(ugh levels of cholesterol and other
plood fats, putting them at higher
Hsk of heart and blood vessel dis
eases, Freedman said.
HOUSTON (AP) — A Harris County jury on Tues
day said the Dallas Times Herald was not harmed un
fairly by the loss of 26 comics and features last fall to its
larger rival, The Dallas Morning News, and declined to
award damages requested by the Times Herald.
The jury voted 10-2 on the case.
The Times Herald had asked for $33 million in ac
tual damages and what its attorneys termed significant
punitive damages. The $33 million, under Texas anti
trust and conspiracy laws, would have been tripled if
the Times Herald was successful in its suit, which con
tended The Morning News and parent A.H. Belo Corp.
took the features in a move to drive the Times Herald
out of business.
“We feel strongly we have been vindicated,” said
Robert Decherd, Belo chairman. “The law and the facts
of this case have been with us all along. We never
doubted the outcome. If you apply the law to this case,
there was no case.”
“We’re delighted with it,” added Belo President
James Sheehan.
Times Herald Publisher John Buzzetta said, “I’m dis
appointed,” then hurriedly left the courtroom with his
attorneys.
“We’ll keep on fighting,” said Times Herald attorney
Wayne Fisher. He said an appeal was likely.
Morning News and Belo attorneys said an appeal
would be groundless.
“They may complain,” Belo lawyer Harry Reasoner
said. “We have no concern.”
“Every case I try is appealed,” said State District
Judge David West, who presided over the six-week trial.
“It won’t hurt my feelings. If I’m wrong, I’ll be glad to
try it over.”
West said the jury’s judgment would be made official
within 30 days.
The lawsuit challenged a Belo joint venture with Uni
versal Press Syndicate that stripped the Times Herald
“X
I he law and the facts of this case
have been with us all along. We never
doubted the outcome.”
—Richard Decherd,
Belo chairman
of 26 features, including Doonesbury, Dear Abby, The
Far Side and Erma Bombeck.
Jurors deliberated five days before reaching the ver
dict Tuesday afternoon. Earlier in the day, the jury re
ported it had made no progress and asked for help in
the case.
The Times Herald contended the features transfer
violated antitrust laws, was intended to strengthen Belo
and Morning News market dominance in Dallas and
drive the smaller Times Herald out of business.
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