May 26, 1999
Several bills hang in balance
as Legislature's end draws near
___By Ken Camp
___Texas Baptist Communications
___AUSTIN--As the 76th Texas Legislature moves into its final days, the prospects look good for bills protecting religious freedom in Texas, strengthening laws against drunk driving and providing health care for all Texas children, according to Phil Strickland, director of the Texas Baptist Christian Life Commission.
___But a bill banning concealed handguns in churches appears dead, a bill cracking down on illegal video slot machines is in danger and a final vote on a bill requiring parental notification for minors seeking abortions was underway late last week, said Weston Ware, CLC associate director.
___Both the Texas House of Representatives and Senate passed the Religious Freedom Restoration Act. The House added amendments to the bill, however, and differences between the two versions still need to be resolved before the session ends May 31.
___The Texas RFRA requires the state and local governments to show a compelling interest, such as a threat to public health or safety, before limiting free exercise of religion.
___The need for a state RFRA arose after the U.S. Supreme Court ruled the national Religious Freedom Restoration Act of 1993 unconstitutional when applied to state and local government. State RFRA legislation is allowed under the Supreme Court's decision, and six other states have passed such laws in 1997.
___"We have come this far thanks to the cooperative efforts of a vast coalition representing disparate political and theological beliefs, drawn together by a deep, shared commitment to the highest protection of religious freedom in our state," said Strickland, who was convener of the Texas RFRA coalition.
___A measure to make Texas drunk-driving laws tougher also appears headed for passage. The bill, which changes the legal definition of "intoxicated" to a blood alcohol concentration of 0.08 or more, passed both the House and Senate and needs only the governor's signature to become law.
___A measure to provide comprehensive health care for the 1.3 million children of the state's working poor has passed both chambers and awaits the governor's signature, but the outcome of its companion appropriations bill is uncertain.
___The bill enhances the Children's Health Insurance Plan to cover children from families with incomes up to 200 percent of the federal poverty level.
___Nearly three-fourths of the funding for the CHIP program comes from the federal government through Title 21 of the Social Security Act. The program is designed to "close the gap" for the working poor by serving those who do not qualify for Medicaid but who cannot afford private health insurance.
___For all practical purposes, a bill that would have banned concealed handguns in church buildings appeared to be dead, Ware said.
___Under a 1997 amendment to the Texas Right to Carry Concealed Weapons Law, any church that wants to prohibit concealed handguns on its premises must post large signs to that effect.
___The bill that died in committee would have removed the requirement that churches post such signs, restoring the law's original language prohibiting concealed handguns in church buildings.
___A bill designed to close loopholes that have allowed the continued operation of illegal video slot machines in some Texas counties passed the Senate, but the House Calendars Committee had been unwilling so far to allow a House vote on the measure, Ware said.
___"This is the same bill that was killed on the last day of the 1997 session, and the same people are still working to kill it at every opportunity," he said.
___Richard Blankenship, communications director for Texans Against Gambling, noted the powerful lobbyists working to defeat the bill include the former chairman of the House Criminal Jurisprudence Committee, Allen Place.
___Place, who served on the Governor's Task Force on Illegal Gambling, now is working for Broward Vending, a distributor of "eight-liner" video slot machines, Blankenship said.
___A measure requiring parental notification for any minor seeking an abortion passed the Senate, but it stalled in the House May 19, just when it appeared headed for passage.
___The notification bill would require doctors to contact parents at least 48 hours before performing an abortion on a minor. House leaders agreed to allow debate on a single amendment that would have allowed minors to consult any close relative instead of parents only. The amendment failed, 77-68.
___But just as the original bill appeared to be headed for approval, a supporter of the amendment raised a parliamentary objection that forced the bill off the floor and back into committee.
___The bill was voted out of committee again the next day and debated on the House floor last Friday. Debate continued as the Standard went to press Friday afternoon.
___"The Christian Life Commission's position continues to be that Texas law should recognize the parents' role in making major life decisions for their children," Ware said.
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