y2!
Wednesday ‘January 21, 1998
State
Settlement encounters snag
former justice files suit delaying payment of fees to tobacco attorneys
loir
iisor, 1 EXARKANA (AP) — While the
bea;-*lj e awa ' te d a federal judge’s final
Lap ipproval of its $15.3 billion settle-
jnv neni with the tobacco industry,
;everal outsiders on Tuesday began
xyi) ig to crash the deal.
|0ns,- John Cornyn, a former Texas
Supreme Court Justice running for
,v itt^rney general, filed a lawsuit in
Lt state district court to block the 15-
ben ent cut for five private attor-
leys who had been brought in to
ielp with the case. Their share
: would come out to roughly $2,295
oillion, or $459 million each.
^^Kornyn argues that Texas Attor-
iey General Dan Morales has vio-
ated the state constitution by de
eding how state money is spent,
^fcowever, Ron Dusek, a
ipol esperson for Morales, said the
settlement calls for the legal fees to
3e paid for by the tobacco compa-
liefc and not the state.
hat could change, though, be-
:ause the state has filed four mo-
lions asking U.S. District Judge
Daiid Folsom of Texarkana to arbi-
1 :rate the lawyers’ fees.
^■Dne of the other issues Folsom
Arilf decide on was Tuesday’s mo-
tiom filed by Dallas County and the
Dallas County Hospital District ask
ing (he judge to throw out the allo
cation of the $1.2 billion first-year
payout. The 1998 money is ear
marked for a variety of health-care
services for all Texans, children’s
health care, anti-smoking educa
tion and enforcement.
The Dallas motion calls the en
tire deal “clandestinely negotiated”
“The settlement benefits
the public health, especially
that of children.”
WARD TISDALE
ON THE RECENT TOBACCO SETTLEMENT
and objects to it because there are
no provisions made for Dallas
County or its hospital district.
The third issue is a complaint by
state Rep. Rob Junell and state Sen.
Bill Ratliff, heads of the Legisla
ture’s budget-writing committees.
They argue the agreement violates
the Legislature’s role of setting
state spending.
The lawmakers already have filed
a motion asking for them to be al
lowed to intervene in the case. They
also are to ask the Texas Supreme
Court to stop the agreement.
Ward Tisdale, another Morales
spokesperson, said the attorney
general was not concerned about
various parties trying to intervene
in the settlement.
“The settlement benefits the
public health, especially that of
children,” Tisdale said.
Tisdale noted that the attorney
general regularly negotiates pay
outs as part of settlement. Howev
er, because this is the largest settle
ment in U.S. litigation history, it is
drawing more attention.
That could change next year un
der legislation that state Rep. Tom
Craddick, R-Midland, said Tuesday
he is preparing to file in the next leg
islative session.
His plan would bar state agency
heads from entering into contin
gency fee contracts with private at
torneys without prior approval of
the Texas Legislature.
Morales filed the lawsuit against
the tobacco companies and three
trade groups in March 1996.
As part of the settlement, the
state ended its lawsuit against the
cigarette makers and agreed to drop
its cases against trade groups Hill &
Knowlton Inc., the Council for To
bacco Research-USA and the To
bacco Institute Inc.
Gramm bill proposes road funding
AUSTIN (AP) —Texas highways
n need of repair and expansion
:ould get a boost of more than $ 1.9
Dillion in additional federal dollars
jnder a proposal being touted by
J.S. Sen. Phil Gramm.
r The money, now benefiting
3ther federal programs, comes
ix>i rom a 4.3-cent-a-gallon gasoline
hti ax added in 1993.
i; fcramm, R-Texas, said Tuesday
he proposal he developed with U.S.
Sen. Robert Byrd, D-WVa., would
ipn
Gramm
nean roughly $30 billion for highways nationally over
he next six years, including the money for Texas.
He contends that because taxpayers have been told
Dasoline taxes are meant to pay for roads, all gas tax rev-
i\f3nue should go for that purpose — including money
^from the 4.3 cent increase.
“It says right on the pump that every penny of gaso-
ine taxes goes to build roads,” Gramm said. “We see it
is a truth in government amendment.”
fy! Opponents say that 4.3 cent-a-gallon levy was not
ntended for highways.
Of the total 18.5 cent-a-gallon federal gasoline tax,
$ troceeds from 15.5 cents go to the Highway Trust Fund,
vhile money from the remainder benefits mass transit,
Take a detour to Whiskeytown, just off
the Interstate, somewhere south of
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journey to the heart of one of the year’s
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WHISKEYTOWN
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USA Training Company, Inc.
Speeding Ticket? Have the Last Laugh!
State-approved Defensive Driving course
for ticket dismissal and insurance reduction.
Convenient Saturday classes taught
at 4.0 & Go Tutoring in College Station
Taught by professional comic Bobby Bernshausen
To register, call 778-GRIN (778-4746)
according to the Office of Management and Budget.
The money going to the highway fund includes pro
ceeds from the 4.3 cent-a-gallon tax increase under a
measure approved last year. But proceeds from that in
crease are not spent, allowing expenditures on other
programs without violating a federal spending cap.
If the money pays for highways, other discretionary
spending would have to be cut, Call said. “That’s edu
cation, that’s environment, that’s health programs,
that’s Head Start — any programs appropriated on a
yearly basis,” she said.
Pete Winstead, chair of the Texas Turnpike Authority,
said the additional money is needed in Texas. With the
amendment, Texas anticipates $9.5 billion in federal aid.
In addition to that $1.9 billion, Texas would get a
share of a $450 million fund to finance international
trade corridors, according to Gramm.
“Fifty-three percent of our Texas highways are in
poor or mediocre condition,” Winstead said.
“I think it’s time for the games to stop on balancing
budget, and let’s take the gasoline tax and put it in the
roads where the citizens thought it was going from the
very beginning.”
Texas has the largest highway system in the nation,
with more than 77,000 miles of roadway and 48,000
bridges, Texas Transportation Commissioner Robert
Nichols said.
T2&& LJniyy&rsity Ori\/&
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Jan 28
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Jan. 26 * Informational - 8 PM-10 PM
MSC 206
Jan. 28 Bowling Social - 7 PM-9 PM
MSC Basement
Jan. 31 Square Dance - 5:30 PM-8 PM
Still Creek Boys Ranch
Don’t Walk
Feb. 2 *Speaker - 7:30 PM-9 PM
Wehner 118
Feb. 4 Billiard Social - 7 PM-9 PM
Yesterday’s
* Professional attire required
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