News from the Lone Star State

[TexasStooge]

Hey, Can I Get a Closer Look at That Permit?

SAN ANTONIO, Texas (Reuters) - Topless dancers in San Antonio will have a little more to wear after the city council on Friday ordered them to carry permits while performing.

The council, attempting to curb the number of clubs in the city, also banned nude dancing and "lap dancing" and ordered performers to keep a decent distance from patrons, drawing a vow from clubs to fight the restrictions in court.

"My constituents are tired of seeing these clubs drive down their property values," said city council member Chip Haas, who represents the northeast district where a number of the clubs opened in the past few years.

The rules, similar to regulations adopted in Houston and other U.S. cities, require dancers stay at least 3 feet from club patrons and wear the $50-permits while working. The driver's license-sized permits may be attached to dancers' G-strings, or to bracelets around their ankles.

Jim DeeGear, attorney for 12 of San Antonio's topless clubs, said he would seek to have the rules declared unconstitutional.

"It's easy to pick on these people because a lot of people say, 'well, we don't much care for the way they earn their living,'" DeeGear said.

City Attorney Andy Martin said similar rules have already withstood court challenge around the country.

[TexasStooge]

One dead after robbery at E. Dallas restaurant

From Staff Reports / The Dallas Morning News

One man was killed and another was critically injured early Monday during a robbery at a Mexican food restaurant in East Dallas.

Dallas police Sgt. Gary Kirkpatrick said the crime began unfolding about 1 a.m., when employees of Taqueria Pedritos in the 4900 block of Capitol Avenue were cleaning up and closing.

As one 41-year-old employee headed for the front door, he encountered at least three masked men, all about 19 years old, who forced their way in. They chased him upstairs to an office, where they shot him and another man, believed to be part of the family-owned business, Kirkpatrick said.

Both were shot in the upper body, although Kirkpatrick said he could not be more specific.

They were transported to Baylor Medical Center, where the 41-year-old man died. The other man was in critical condition, Kirkpatrick said.

Three employees who hid in a back room witnessed at least part of the crime and were uninjured. They gave a general description of the suspects and said they may have fled in a gray mid-sized vehicle.

The amount of money taken from the restaurant has not been determined. The suspects still were at large, the sergeant said.

[TexasStooge]

Roundup nets 24 on abuse warrants

Marshals hope raid in Dallas will deter domestic violence

By ERNESTO LONDOÑO / Al Día

Several Dallas residents with domestic-abuse arrest warrants got a rude awakening from city marshals Saturday morning during a holiday roundup.

Officers pounded on doors of several houses with a contingency of reporters in tow during the pre-dawn raid, which sought to bring domestic-abuse defendants to court and instill fear into those who have not yet been arrested.

"The city takes domestic abuse very seriously," said Dallas City Marshal Joe Polino. "These are men and women who have basically thumbed their nose at us and said, 'Come and get us.' "

Marshals arrested 24 people on Saturday, a tiny portion of the 27,000 Dallas residents who city officials say have failed to appear in municipal court to respond to domestic-abuse charges.

The city marshal chose to hold the roundup the weekend before Christmas because law enforcement officials typically see an increase in domestic abuse cases during the holiday season, when emotions and stress run high.

Some of the residents with outstanding warrants were dragged out of bed and hauled into patrol cars handcuffed and half dressed. Some admitted their guilt, while others said they were innocent and lashed out at the marshals.

"Things kind of got out of hand and it happened," said a subdued Heriberto Navarro, 45, recognizing that he could have dealt with his anger more wisely a year and a half ago, when he assaulted a family member. "If you can avoid it, it's better for everyone involved."

Another man said his arrest was unfair.

"The case was dismissed," said a heavily-tattooed, bare-chested Isabel Contreras, 47. "She was accusing me for her own good," he screamed, at no one in particular.

Officers piled those arrested inside a paddy wagon at a southeast Dallas parking lot, where they waited to be transported to jail. Some complained loudly about needing to use the restroom and being uncomfortable inside the confined holding space.

"They're tough guys until you put them in handcuffs," Mr. Polino said. "Then they start crying like babies."

One domestic-abuse specialist expressed concern about the way in which city officials conducted Saturday's raid, pointing out that the publicized arrests might trigger the abusers once more.

"I would be very concerned about that," said Dr. Ellen Elliston, who oversees the Victim Intervention Program at Parkland Health and Hospital System. "It's very likely that when he gets home the woman will get hurt."

Mr. Polino said he hopes the publicity will have the opposite effect.

"We'd like to see these people think twice before they raise their hand again," he said.

[TexasStooge]

City manager search suspended

Suhm named acting administrator, promised a $100,000 bonus

By EMILY RAMSHAW / The Dallas Morning News

City Council members voted Monday to suspend Dallas' city manager search, naming interim City Manager Mary Suhm acting city manager and promising her a $100,000 bonus once the job is filled.

The decision, made after a grueling three-hour meeting behind closed doors, was a rejection of Ms. Suhm's request for the full city manager title and accompanying salary.

And members of the city manager search committee – the body that made the recommendation – say it will ensure that Dallas gets the top city manager candidates if and when the vetting process resumes. That process is on hold because of a local lawyer's proposal to strengthen the mayor's power by eliminating the city manager position. The proposal is almost certain to be on the May ballot.

"There was a lot of discussion, and there were differing opinions," Mayor Laura Miller said. "It was a divided council, and at the end of the day, we came out and knew what we needed."

Ms. Suhm, who spent the last several days lobbying council members for the city manager title, said she was disappointed but not surprised by the 10-3 vote. She said she had hoped to bring more stability to the city by having a permanent job title, even if she had to vacate the position after the search. And she wanted her $189,473 salary raised to $225,000 – comparable with a city manager's compensation.

"I make recommendations to the council all the time," she said. "They get to make policy decisions, and I respect that."

But council member Sandy Greyson said the vote – during which two members were absent – didn't reflect the extensive debate in executive session.

"At this particularly difficult time, where we have major projects ... I believe we need stability," Ms. Greyson said. "I think the length of the discussion showed there was a greater division."

TXU Corp. chairman Erle Nye said the search committee he heads did not expect its recommendation to "be so controversial." Members were offering Ms. Suhm a great deal, he said – more money and more stability. And they were trying to preserve the integrity of the city manager search during council candidate Beth Ann Blackwood's campaign to switch to a strong-mayor form of government, in which there would be no city manager.

Ms. Blackwood turned in 30,000 signatures last month to bring the proposal before voters – a prospect that has spooked some of the top candidates for the city manager position, he said. Mr. Nye said the search committee feared that naming Ms. Suhm city manager – even for a few months – would be a major deterrent to those considering the job.

"We certainly wanted to be fair with Mary, and we wanted to do what we thought was in the council interest – ultimately making a national search for the best person," Mr. Nye said. "We thought it was a sound proposal."

Ms. Suhm said she's upbeat about getting the Dallas job – even after learning she had been ranked fourth out of six candidates interviewed by the search committee.

"I know I can run this city," she said. "I love this city, and I love this job."

And Mr. Nye said Ms. Suhm's challenge to the committee's recommendation wouldn't hurt her chances of being named city manager. He said committee members don't blame her for looking out for her own career.

"She is a good candidate and will remain a good candidate," he said. "Certainly she's at liberty to pursue whatever ends she wants."

In a Sunday interview, one search committee member said Richmond, Va., City Manager Calvin Jamison is the front-runner for the Dallas job. Mr. Jamison will lose his current job Jan. 1 – the result of a ballot proposition to strengthen the mayor's power. The decision effectively terminates the city manager position in Richmond, and the city's newly elected mayor has said he would not offer Mr. Jamison another job.

Dallas City Secretary Shirley Acy said Monday that she and her staff have decided to count all 30,000 signatures submitted by Ms. Blackwood and her supporters – a change from her earlier decision to do a statistical sampling. But while 20,000 signatures must be verified by Thursday for the vote to be placed on the May ballot, city staffers have only counted 5,000.

On Friday, Ms. Blackwood fired off a letter to the city attorney, accusing the council of trying to delay or prevent certification of the signatures. She said that she could take legal action if the signatures aren't verified by the Thursday deadline.

Council member Mitchell Rasansky said his colleagues need to get used to the idea of seeing Ms. Blackwood's proposal on the May ballot.

"I think there's going to be a ballot proposition," he said. "I think these signatures are going to be valid, and we're going to have a vote."

[TexasStooge]

Police eliminate suspect in McKinney murders

By DAN RONAN / WFAA ABC 8

MCKINNEY, Texas - Nine months after four people were murdered in McKinney, police said Wednesday that one of the people who had been arrested is not one of the killers.

Calvin Walker, 29, spent three months in jail before the charges were dropped - but authorities said they are convinced he did not pull the trigger.

Walker now lives with relatives in Johnson County, far from the city where police maintained for months he was one of the people responsible for the deaths of Rosa Barbosa, Mark Barbosa, Austin York and Matthew Self.

"I wasn't there," Walker said. "I didn't hear anyone talking about it, and then when everything happened, I was in Dallas."

Walker spent 89 days in jail. Police dropped the murder charge one day before a deadline to take the case to a grand jury for an indictment.

Tuesday, Walker got a call from a McKinney police detective. Police confirmed to News 8 that Walker "was not a gunman," but they said he remains a person of interest in the case, and police said he has knowledge of the case and we're seeking his cooperation."

Walker said he's willing to talk.

"I wouldn't have a problem with it," he said.

However, Walker said he doubts he can shed any new information on the murders. He thinks someone in McKinney falsely implicated him - and his criminal record didn't help.

"I'm not a saint, you know," he said. "I have a criminal history."

Last month, McKinney police took the evidence to the FBI. Investigators did a complete review of the murders, and insist the case is not going cold.

Police said two other men, Jecory May and James Jones, remain the lead suspects.

Calvin Walker said he's just pleased police called him with good news.

"Whoever did it, I hope gets the death penalty ... that's just how I feel about it," he said. "(It's) the simple fact I got dragged into something I did not do."

[TexasStooge]

Survey: Texans feel safe from crime

HUNTSVILLE, Texas (The Dallas Morning News/AP) - About 20 percent of Texans were victims of a crime over a two-year period but most feel like they're safe from crime, according to a recent survey.

The study, to be available to Texas lawmakers as they begin a new legislative session next month, is the work of the Sam Houston State University-based Texas Crime Victims' Institute. It's modeled after a national survey conducted for more than three decades by the FBI to collect information about crime victims and their experiences.

"Read any newspaper or watch any nightly news program and you will see that crime occupies a central place in our everyday lives," a research team led by professors James Marquart and Janet Mullings wrote in their report of the survey findings. "Crime is an unpleasant feature of everyday life but it is news."

Among the findings of some 700 Texans interviewed by telephone:

-- 79 percent believed crime in their neighborhood remained the same or declined over the previous two years.

-- 37 percent believed crime in the state remained the same or declined.

-- 92 percent felt safe walking alone in their neighborhood during the day.

-- 74 percent felt safe walking alone in their neighborhood at night.

Of the survey participants, about 20 percent had been victims, most typically of a property crime. About three-quarters of the victims reported the crime to police. More than 80 percent said they never recovered the property that was stolen.

About one-fourth of the victims said they had been attacked or threatened by attack. Eighteen percent said they were victims of robbery, while 15 percent were victims of attempted murder.

"For many crime victims, the event itself is an invasion of their mind and body," the researchers wrote. "The criminal act is oftentimes a source of repugnance, anger, emotional withdrawal, rage and hostility."

One victim told researchers, "When a shotgun is pointed at you, it changes your life forever."

Another said: "Sometimes I'm happy and something in me triggers a memory and my whole day is ruined. I find it hard to trust anyone."

None of the people interviewed earlier this year was identified in the report.

More than one-third of the victims said they had invested in some type of home defense measure to try to thwart another visit from thieves.

Of those who suffered from a violent attack, 58 percent said they took new precautions as a result, like securing a protective order from a court, changing locks on their residence, taking self-defense classes or buying a dog or firearm.

"It is our hope that these data and findings will inform our state and policy-makers to better understand the extent and nature of victimization in Texas," the researchers wrote.

In a warning would-be criminals may be wise to heed, the survey found almost half of the Texans interviewed -- 48 percent -- owned firearms. Almost one-third of them -- 31 percent -- kept a loaded firearm in the house. Only 7 percent had a permit to legally carry a concealed weapon but 10 percent said they'd worn their gun.

Other questions on the survey asked about parental control over their children's Internet usage and Texans' fears of terrorism.

Internet access was available in 87 percent of those surveyed and a quarter of the adults with children in the home acknowledged their child knew much more than they did about the Internet. Sixty-one percent of the parents said their child had to have their permission to log on but 40 percent said their kids had access to the computer anyway because a parent always wasn't home.

Nearly all the parents said they had discussed with their children the dangers of the Internet and that almost one-third of the children had received an e-mail or message about an advertisement or link to an X-rated Web site. About a quarter of the parents said their kids had been exposed to unwanted pictures of people having sex.

Almost two-thirds of the people surveyed -- 63 percent -- believed another terrorist attack will be carried out in the country.

[TexasStooge]

Daughter arrested in slaying

Arlington police say she confessed to beating, stabbing her father

By JASON TRAHAN / The Dallas Morning News

ARLINGTON, Texas - Arlington police worked Wednesday to understand why a 22-year-old unemployed woman beat her father with a baseball bat as he lay awake in bed, stabbed him, then called 911 to confess to the slaying.

Patrol officers arrested Laura Loudermilk without incident shortly after 1 a.m., when she summoned them to her family's home in the 200 block of Fleetwood Court in central Arlington.

Police found her father, Robert Loudermilk, 61, dead at the scene. Detectives recovered a baseball bat and kitchen knife at the house.

"No argument preceded the assault," said Sgt. Mark Simpson, who supervises Arlington's homicide detectives. "There was a strike with the bat, and then the stabbing and then some additional strikes with the bat and then a 911 call.

"She was just angry," said the sergeant, summing up Wednesday morning's interrogation of the woman, who was cooperating with authorities. "She just did it."

A spokeswoman with the Tarrant County medical examiner's office said an autopsy would be performed today.

Ms. Loudermilk was being held on suspicion of murder at the Arlington city jail in lieu of $100,000 bail. The Arlington Police Department prohibits interviews with inmates, and officials had not released the tape of the 911 call.

Police had no evidence Wednesday evening that drugs played a role.

In 1998, Ms. Loudermilk was a suspect in a criminal case, the details of which authorities would not disclose because she was a minor at the time.

Before Wednesday's slaying, Ms. Loudermilk and her father had walked home from visiting his mother, who lives a few houses away and has health problems, police said. Mr. Loudermilk's wife was caring for his mother overnight. A son was not home.

Neighbor Kelly Blackwell said that about a year and a half ago, the family moved to a house near Mr. Loudermilk's mother. The family, including Laura, pitched in to care for the woman, she said.

"Mr. Loudermilk used to cut his mom's yard and do maintenance on her house," Ms. Blackwell said. "But it was his wife that took care of her the most. She would spend the night there. We would see ... [Laura] walking her grandmother's dog."

Ms. Blackwell said Laura Loudermilk mostly kept to herself.

"She was just a very quiet, sweet girl," she said. "There were never any friends over, that we could see."

She said was shocked by the slaying.

"It was probably one of those situations where you just don't know what goes on behind closed doors," the neighbor said.

[TexasStooge]

Austin gets dose of MTV reality

By KAREN BROOKS / The Dallas Morning News

AUSTIN, Texas – The next four months around the Texas Capitol promise unprecedented debauchery: screaming fights, unlikely bedfellows, back-room dealing and passionate late-night sessions.

And we're not talking about the Legislature. MTV is coming to the Live Music Capital of the World.

The mother of all reality shows, The Real World, starts filming its 16th season in Austin in January, bringing the hip, eclectic culture of Texas' least-Texan city to the rest of the world.

With its music, politics and the University of Texas, this city of 650,000 is the smallest location yet for the show. But it appears to be a perfect fit.

"MTV has discovered what we all know: that Austin is a great place to live, work and play," Austin Mayor Will Wynn said.

Since the first season in New York, the show's following of 18- to 34-year-old fans has grown each year, topping 100 million total viewers during its last season in San Diego.

The Austin series, which will run for 24 episodes, hits the airwaves in June. The show features seven strangers thrown together to live in a house for four months, work on a group project together and have their lives taped 24 hours a day.

The result is fireworks, friendships and the occasional criminal allegation.

No word yet on what the group will be assigned to accomplish during its time in Austin. Will they run a bar? Lobby for a political cause? Manage a band?

Producers are also staying quiet on where the cast will live. An urban loft with a view of the Capitol? A sprawling old house in the South Congress area?

Whatever the details, show producers couldn't have picked a better time of year to film here.

In January, the legislative session convenes with 181 politicians and thousands of young political aides descending on the town.

And in March, the world famous South by Southwest music and film festival turns the town into one giant music video for five days.

"They say everything is bigger and better in Texas, and The Real World is no exception," said Jon Murray, the show's creator and executive producer. "Our Austin cast may be the best we've ever assembled, and I know they're going to feel right at home in this vibrant city."

[TexasStooge]

DART sees annual ridership decline

By TONY HARTZEL / The Dallas Morning News

DART trains carried almost 3 percent fewer people last fiscal year than in 2003, marking the first time that light-rail ridership dropped from one year to the next.

Lower figures also could be seen on Dallas Area Rapid Transit's bus routes and commuter rail line, which reported declines of about 4 percent and 5 percent, respectively.

Transit officials chalk up the declines to the slow economy, as well as $14 million in bus and rail service cuts that DART adopted in late 2003 to help balance its budget.

"Our sales tax revenue has been going down and up, and that's essentially what we're seeing with ridership," said DART President and Executive Director Gary Thomas.

DART inaugurated its light-rail system in 1996. New stations have opened in many of the years since, automatically increasing the number of riders. In years without station openings, total rail passengers grew as little as 1 percent.

The good news, DART said, is that numbers so far this fiscal year show a greater than 10 percent increase in rail passengers.

"When you consider where we were, it looks like things are picking back up again," said agency spokesman Morgan Lyons.

Some of the drop-off in riders last year, he added, may have come from commuters who used suburban stations when they first opened but later went back to personal vehicles.

Winners and Losers

In the world of DART rail stations, there were winners and losers in the last fiscal year.

Twenty of Dallas Area Rapid Transit's 34 rail stations recorded fewer daily passengers in fiscal 2004 than in the previous 12 months, leading to an overall 2.7 percent decline, agency records show.

The drop was the first time that DART carried fewer light-rail passengers than the year before. It also mirrors small but noticeable declines in the transit agency's bus and commuter rail services.

To some passengers, the numbers were no surprise. DART cut its service a year ago, leaving some regular riders with fewer options and longer waits for connections.

"If it's run right, you've got to give people what they want and need, and that is rapid transit," said Dallas resident Stanley Barry, a blue line regular who hops the trains and buses at the LBJ/Skillman station near his home. "A lot more people would ride if they would make more connections from buses to light rail."

DART officials have taken several steps to boost ridership with improved customer service. For the first time, individual bus routes will have goals for attracting or retaining regular passengers, said Gary Thomas, DART's president and executive director. In addition, three routes that were cut back a year ago will have some service restored in February.

"On some routes, we probably cut more than we needed," he said, adding that the budget forced DART to cut 10 percent of its service, but the move only affected about 2 percent of its riders. "A lot of the service was not service that we wanted to continue."

Lower passenger counts can be traced in part to several other key decisions since 2003. The agency raised its fares in March of that year, which caused about a 3 percent drop in riders. In addition, DART cut back the frequency of rail service from 15 minutes to 20 minutes during off-peak hours to help balance its budget.

The transit agency considered adding more frequent light-rail trains but decided against it because of the $1 million cost. But 20 more light-rail vehicles are on the way and will start running the tracks in a year. And some evening service was recently restored on the Trinity Railway Express commuter line to give passengers more evening options.

The best hope for even greater ridership on the TRE would be the return of hockey games, which add about 1,000 riders per event, agency officials estimate.

DART also will spend $1.5 million this year on 115 new bus shelters, 250 benches, new concrete slabs at select bus stops, a new downtown Dallas patron plaza and other passenger amenities.

Like many other transit agencies faced with ridership declines, DART must decide where to spend its money to boost service in hopes of attracting new riders.

"That's the fun but challenging part of what we do," Mr. Thomas said.

Along the rail lines, declines hit suburban and Dallas stations equally, with the largest drops recorded at the Arapaho Center and Galatyn Park stations in Richardson. Conversely, the largest gain also occurred in Richardson, at the booming Bush Turnpike station.

Similar patterns occurred along other rail sections that have been open only a few years. The Downtown Garland station reported the second-largest increase, and the nearby Forest/Jupiter station also recorded respectable growth. But just a few miles down the line, the White Rock and LBJ/Skillman stations both showed large drops in passengers.

"That's fairly easily explained by the extension of our system," Mr. Thomas said.

In all, 11 stations recorded decreases of more than 10 percent, and two stations showed ridership gains of greater than 10 percent.

Other stations' ups and downs come from the economic cycle, agency spokesman Morgan Lyons said. The downturn in downtown Dallas convention business led to the drop in convention center station passengers, and greater business activity led to more passengers using the St. Paul station.

The ultimate goal for DART, officials said, is to connect more destination areas for potential rail passengers, such as Fair Park, the region's two major airports and Dallas' hospital district. All of those sites will have rail connections, beginning in 2009 for Fair Park and ending in 2013 for D/FW Airport.

"As we build that part of the system, it really does become a true system," Mr. Thomas said.

New suburban locations also will play a role in boosting ridership.

"I can't wait for them to get the line all the way to Rowlett," said Rowlett resident Michael Jansky, an express bus rider who traveled the blue line to downtown for the first time Tuesday. Although there was a long wait for a train, the ride won him over once the rail car started moving: "This is a good ride here."

[TexasStooge]

Dewhurst: State Farm is 'Scrooge'

By TERRENCE STUTZ / The Dallas Morning News

AUSTIN, Texas – Lt. Gov. David Dewhurst, citing new figures showing State Farm Insurance racked up "over $600 million in profits" in Texas during the last 15 months, blistered the company Tuesday and called for double-digit rate cuts.

Escalating a long-running battle between the state and its largest property insurer over rates for homeowners coverage, Mr. Dewhurst also unveiled legislation designed to prevent excessive auto and homeowners insurance premiums. It would stiffen financial penalties for overcharging and give the state more oversight power over insurers whose rates are deemed unfair.

"It is time for State Farm to comply with Texas Department of Insurance-ordered rate reductions and stop playing Scrooge and give back your ill-gotten gains to policyholders in the form of an immediate 12 percent reduction," Mr. Dewhurst said at a Capitol news conference.

A spokeswoman for State Farm declined to comment on the profit figure cited by the lieutenant governor, but she insisted that company's premiums are proper.

"We are confident our rates are competitive, fair and justified," said Sophie Harbert, whose company insures nearly 1 million Texas homeowners.

Ms. Harbert also said the company is "continuing efforts to try to find common ground with the state" in the rate dispute.

Insurance regulators argued that State Farm has exaggerated property losses and padded expenses to justify premiums that are too high. The insurance department has asked state Insurance Commissioner Jose Montemayor to order that the rates be cut because they violate state law.

State Farm, the largest property insurer in Texas, has rejected the state's claims and is expected to defend its prices in a hearing before the commissioner. The company has also sued the insurance department over the issue.

Mr. Dewhurst said he first learned about the company's handsome profits on Monday.

A spokesman for the insurance department said the figure came from a comparison of State Farm's surplus – premiums set aside for unexpected losses – more than a year ago with its current surplus.

Last summer, the company's surplus was $467 million. By this month, the surplus had grown by about $626 million, including a $162 million payment made by the home insurance subsidiary – State Farm Lloyds – to its parent company – State Farm Mutual. That amount apparently was to repay a loan.

Companies are allowed to keep millions of dollars in surpluses, but insurance experts said State Farm's surplus appeared unusually high.

Mr. Dewhurst also challenged State Farm claims that its rates are low compared with most companies.

Noting that the insurer, like its competitors, has scaled back water-damage coverage, he said: "Their losses have been going down while they are enjoying record profits. We will not stand by while companies make huge profits on the backs of hard-working Texans."

A 12 percent cut from State Farm would save Texans about $155 million, boosting the total savings to $511 million.

Outlining a new insurance proposal, Mr. Dewhurst and Sen. Mike Jackson, R-La Porte, pledged it would be considered in the legislative session set to begin next month. Among its main provisions:

If a company's new rates are rejected by the insurance commissioner and it appeals to state court, the commissioner must give prior approval to all of the company's future rate changes. Under current law, companies can raise rates once they simply notify the insurance department.

If a company's rates are found to be excessive or unfairly discriminatory, it must refund the overcharges and pay a penalty that is equal to the prime interest rate plus 6 percent. In certain cases, the refunds could be in the form of discounts on renewed policies.

A leading consumer organization applauded the legislation.

"Texas homeowners need the Legislature to finish the job of insurance reform, and this is a positive step toward cracking down on insurance companies who try to game the system," said Alex Winslow of Texas Watch, a nonprofit group that frequently spars with the insurance industry.

State Farm officials have cited premium comparisons from Dallas County as proof that their rates are fair.

The current average premium in Dallas County for a $100,000 brick veneer home with a 1 percent deductible and $40,000 coverage on contents is about $1,040 a year. By contrast, State Farm said, the company's average premium in Dallas County is $905. That difference is typical across the state, it says.

[TexasStooge]

Houston-based workers killed in blast

By BRUCE NICHOLS / The Dallas Morning News

HOUSTON, Texas – Seven people working for Houston-based KBR died in the attack on a military dining hall in Iraq on Tuesday, bringing to 62 the number of workers the contractor has lost in the war zone.

No names or hometowns were released, pending notification of families, but a spokeswoman said four were KBR employees and three were subcontractors.

"This is a grueling and difficult development. ... We are deeply saddened by this situation," said Wendy Hall, director of communications for Halliburton, KBR's parent company, also based in Houston.

The Pentagon reported that more than 20 people died in the attack on a U.S. military dining hall in the northern Iraqi city of Mosul. The dead included number of U.S. and Iraqi soldiers. KBR operates military dining halls in Iraq.

Officials said it appeared insurgents fired multiple rockets into the dining hall in the attack.

Ms. Hall said Halliburton is "doing everything we can to assist the people on the ground... Employees and subcontractors have all made courageous decisions to work in Iraq," she said.

"Daily, they risk their personal security to serve the troops and deliver much-needed services to the Iraqi people."

KBR, formerly known as Kellogg Brown & Root, recruits workers nationwide but brings them to Houston to complete the hiring process and undergo training before departing for Iraq.

[TexasStooge]

D/FW to test security technology

Equipment could limit need for intrusive pat-down searches

By MICHAEL GRABELL / The Dallas Morning News

Dallas/Fort Worth International Airport has been named one of 16 "test beds" as the U.S. government expands the use of security technology and procedures in the wake of the new intelligence reform law.

If all goes well, the technology could limit the need for pat-down searches that many women deem too intrusive because they require screeners to feel between and around the breasts when passengers set off a metal detector.

The U.S. Transportation Security Administration did not say what equipment or procedure D/FW would test or when testing would begin. But nine other airports were chosen to try two machines designed to check airline passengers for explosives.

The first, a walk-through portal, blows a puff of air on passengers and then analyzes the air for explosive traces.

The second, a backscatter X-ray, allows screeners to see through clothing for dense objects, such as plastic explosives. While earlier versions of the X-ray drew criticism because the images were too revealing, new models use a generic body diagram.

"The technology is a much more advanced procedure to detect the very threats that we look at for manual pat-downs," said TSA spokeswoman Andrea McCauley.

The plan follows the signing of the intelligence bill, which urged the TSA to expand the use of explosive-detection equipment at airport checkpoints and set standards for biometric technology, such as digital fingerprints, used to restrict access to secure areas.

Other provisions called for more research into blast-resistant cargo containers, systems that counter shoulder-fired missiles and the discreet notification of pilots about security breaches in the airplane cabin.

The test sites were chosen based on the number of passengers, geographic location, proximity to a manufacturer, congressional interest, checkpoint design and the airport's experience testing new equipment.

D/FW, the nation's third-busiest airport, already is testing explosives-detection machines, used commonly on checked luggage, at the airport's cargo facilities.

[TexasStooge]

Homeowners: Builders didn't tell us about gas line

By BYRON HARRIS / WFAA ABC 8

Buy a brand new house from a big builder, and you'd think somebody would be protecting your interests.

But more than a dozen owners of Legacy Homes in Cedar Hill found out just the opposite: their property lines were shrinking, and they had no state agency to turn to.

Over a two-year period, as homeowners moved into their new houses on Calvert Street in the Waterford Oaks subdivision in Cedar Hill, they discovered their backyards were smaller than they expected.

"My fence was about 15 feet further back than it is now," said homeowner Shamondra Rolfe.

"They did not tell me that at all when I first signed for my house, or anything," homeowner Sean Jackson said.

The reason? The builder said it "discovered" a 36-inch natural gas line running through the back of their property, requiring Legacy to move the fences 15 feet closer to the houses.

The vast majority of gas lines are perfectly safe - but on rare occasions a leak can come in contact with a spark. Such an explosion occurred in 1996 in Kaufman County, and two young people were burned to death.

In fact, homeowner Tony Swanks was warned about the gas line by Legacy's salesman.

"Mr. Browning advised us that we probably wouldn't want to buy on this side, because there were some gas lines in the back," Swanks said.

So, Legacy officials knew the gas line was there. Its salespeople knew the gas line was there. The only people who didn't seem to know the gas line existed were the dozen or so homeowners who have it in their backyard.

Officials with Legacy, a division of the $600 million Meritage Corporation, declined to be interviewed on camera.

It is true that every buyer received a survey plot at closing, but it would be difficult for a non-professional to know that a gas line is marked by a dotted line and a few letters.

The Texas Railroad Commission regulates gas lines in Texas. The commission said there is no regulation governing the minimum distance of a major gas line from a house.

Additionally, the Texas Real Estate Commission said when a house is sold by a major builder in Texas, that builder is not required to disclose the presence of a gas line. That's because big builders are their own real estate agents, and not governed by disclosure requirements that realtors must follow - so those buyers are out of luck.

Now, a new Legacy subdivision is taking shape on the other side of the pipeline. The old residents have a piece of advice for the new ones: keep close track of what's in your backyard.

[TexasStooge]

Baby killed, 3 hurt in Richardson wreck

By MATT STILES / The Dallas Morning News

RICHARDSON, Texas - A suspected drunken driver speeding south on North Central Expressway in Richardson caused a wreck early Christmas morning that killed a baby boy and injured his mother and two siblings.

Richardson police said Leonardo Luciana Carlos, 21, rear-ended a 1993 Nissan Sentra about 3 a.m. on the freeway between Campbell and Renner roads. A man, his wife, and the couple’s three young children were inside.

The family’s car caught fire, but after they were outside the vehicle.

The mother, who was not identified, was taken to Parkland Memorial Hospital. The three children were taken to Children’s Medical Center, where a 17-month-old boy died, authorities said. Medical conditions were not known Saturday.

The accident is still being investigated, but police said alcohol and excessive speed contributed to the crash. Mr. Carlos, a Wylie resident, was taken to Parkland and is being detained by police on an intoxication manslaughter charge. His injuries were unknown.

[TexasStooge]

A year of change, loss and sacrifice

City was shaped by events near and far, from the loss of the Cowboys to the war on terrorism

By ERIC AASEN and RUSSELL RIAN / The Dallas Morning News

Irving experienced ups and downs in 2004. Residents debated the merits of alcohol sales and voted against it. The Irving-based Dallas Cowboys will be headed to Arlington in the near future. School enrollment is at an all-time high. Two of the city's high school football programs made the playoffs. And the city celebrated several anniversaries, including Irving's hospital's 40th and the Las Colinas mustang sculpture's 20th. Here's a look at what made headlines in Irving this year.

Enrollment

Irving ISD schools topped the 32,000-student mark this year – adding nearly 700 students, well above the 450-student increase predicted. Administrators shuffled teachers and hired additional staff to accommodate the increase, while trustees agreed to conduct new studies to determine how fast the district will grow in the next 10 years as births and housing increase. Most of the surprise growth appeared at the high school level, though the majority of new students were at the elementary level.

Officials also raised the prospect for a new bond election – possibly in 2006 or 2007 – to build additional facilities to accommodate the growth. The district is winding up upgrades and new schools built under a 2001 voter-approved bond package.

Josiah Vandertulip

The community rallied to remember Spc. Josiah Vandertulip, who was killed Oct. 14 when his patrol came under fire. A permanent scholarship is being created in his memory, and a plaque now hangs in the Irving High library.

The Irving High graduate volunteered for duty in Iraq after a yearlong stint in South Korea, hoping his gesture might spare another soldier with sons, daughters or a spouse.

The scholarship fund has since risen to more than $20,000, and a ceremony is planned in January to add Spc. Vandertulip's name to the list of scholarship honorees.

The family has another son in the Army who is serving at Fort Drum in New York.

Academy of Irving ISD

The Academy of Irving ISD, a magnet-style high school to which students must apply, became Irving's fourth high school this year. The school was created three years ago offering career and other specialty programs, but wasn't a stand-alone school recognized by the state. Students voted on school colors this year – silver, white and black representing the three traditional high schools – but no mascot because students in music and sports programs still play for Nimitz, MacArthur or Irving high schools. This year's seniors will become the inaugural graduating class.

Academic Decathlon

Nimitz High School students took top honors among large schools at the statewide Academic Decathlon quiz but then lost their bid to represent Texas at the national competition to the smaller Friendswood High School outside Houston, which won in the mid-sized school competition. Nimitz earlier won the regional championship in what has become tradition – 15 times in the last 17 years.

Regional playoffs

Both MacArthur and Irving qualified for the 5A Region I state football playoffs for the third straight season, marking one of the best periods of football success in school district history. From 1983 to 1991, MacArthur made the playoffs seven times, while Irving's best decade was the 1990s, with four appearances. Since 1990, there have been eight occasions when two Irving ISD schools have made the playoffs in the same season, with 2002 the lone year that MacArthur, Irving and Nimitz all played an 11th game.

Irving Mall

Irving Mall, which sees about 10 million shoppers annually, got a multimillion-dollar makeover this year, adding Circuit City as a new anchor and revamping the food court. The mall also added several clothing stores and replaced KB Toys – which closed many of its Texas locations, including its mall location. It's currently full with no vacancies among the roughly 150 stores in the mall. But the owner, Simon Property Group, is still seeking an anchor to replace J.C. Penney, which has been vacant since June 2001.

Changing faces

•Dr. Francis M. Lazarus was inaugurated in October as the seventh president of the University of Dallas. Dr. Lazarus, 59, has been vice president for academic affairs and provost of the University of San Diego. He replaced interim president Robert M. Galecke, who succeeded the Rev. Monsignor Milam J. Joseph in December.

•Trustees tapped Robbin Wall, principal at Sam Houston Middle School for six years, to become principal of The Academy of Irving ISD during its inaugural year as a stand-alone campus. Mr. Wall, who had sat on a district improvement committee that helped establish the campus, replaced John Brown, the school's first principal, who announced his retirement.

•Larry Boyd is the city's new top cop after Lowell Cannaday retired last fall. While Chief Boyd comes to Irving as an outsider, there's evidence that he's up to the challenge of being chief. He has experience – he spent 22 years on the Arlington police force. And he has support – city officials say he's qualified and the best fit for the job. Chief Cannaday ended a police career of 38 years, 10 of them spent as head of the Irving force.

•Chris Wallace is the new president and CEO of the Greater Irving-Las Colinas Chamber of Commerce after James Spriggs retired. Mr. Wallace, an Irving resident, was vice president of administration with the Las Colinas Association. Mr. Spriggs planned on leading the chamber for 30 days. The job lasted nearly 10 years. "He's just Mr. Chamber," said Ike Guest, a former chamber chairman.

Saying 'no' to booze

Irving stores can't sell beer and wine because voters in September rejected sales.

About 63 percent of voters said no to alcohol. Voters in south Irving were most likely to vote against the proposition, and voters in far north Irving overwhelmingly supported it. More than 18,400 voters cast ballots – the biggest turnout in a citywide election since 1996.

Supporters cited city revenue and resident convenience; opponents said sales would harm the city's quality of life.

Mustangs anniversary

The Mustangs of Las Colinas turned 20 this year.

City officials, residents and art enthusiasts celebrated the 20th anniversary in October. Also in attendance: Robert Glen, the mustang sculptor.

The galloping mustangs are used in convention brochures, travel literature and informational pieces about Texas. Local businesses have used them, as well. A museum in Williams Square dedicated to the mustangs attracts about 20,000 visitors annually.

Baylor's birthday

Baylor Medical Center at Irving marked its 40th anniversary this year, and hospital developers say the mission of the community-supported hospital hasn't changed.

"I think the same spirit that we had in the very beginning with the doctors and the nurses and volunteers, administration, everybody, had one goal in mind – to provide excellence in health care for the surrounding area," said Clinton Howard, chief of the panel appointed by the City Council in 1959 to look into the need for an Irving hospital.

'Boys say bye to Irving

The Dallas Cowboys plan on leaving Irving for a new stadium in Arlington.

Voters in Arlington approved a $325 million proposition in November to help build the team a new home. A new stadium could open in 2009.

Irving City Council members met this month to begin discussions about possible uses for the Texas Stadium site. The Cowboys have played at Texas Stadium since 1971. Some City Council members expressed concern last summer that the city should have been more forceful in efforts to retain the Cowboys. But city leaders have disagreed over the team's impact on the city. Some say the team may only be important symbolically; others say it is a vital ingredient in Irving's economy.

Council election

Residents elected two new members to the Irving City Council in May.

Beth Van Duyne defeated Place 2 incumbent Herbert Gears, ending his six-year tenure. And Allan Meagher won the Place 3 race. Two incumbents were re-elected: James Dickens in Place 1 and Sam Smith in Place 7.

More than 6,600 ballots were cast, the city secretary's office says. The Place 2 race was the year's most expensive council race.

Veterans Park opens

The Irving Veterans Memorial Park was dedicated in May.

The park is designed to be a reminder of what veterans have done for the country, said Bob Romano, who has spearheaded the effort.

"One word says it all: remember," he said this year. "They've made the supreme sacrifice."

Although the memorial honors all veterans, those whose names are on the wall died while in the military – not necessarily in combat – and were Irving residents when they entered the service. The names are displayed on brass plaques on a 9-foot-tall stone wall. The park, next to Irving Central Library, includes flags, a plaza and a brick walkway.

City hires cat

One of the city's newest employees doesn't talk much. But he seems to like his new surroundings.

The city hired a cat last fall to prevent mice and bugs from eating papers at the city records center. City employees named him Hunter.

City officials found the cat at the animal shelter, and he started work in early October.

Gary Gwyn dies

Gary Gwyn was a giant, but a gentle one.

It was hard to miss the 6-foot-7-inch assistant city manager during Irving City Council meetings. Strangers may have been intimidated by his size, but friends remember him as warm and mild-mannered.

Mr. Gwyn died in August at 63. He had been battling cancer in a sinus cavity, said his wife, Pat.

During his 35-year career, Mr. Gwyn was city manager in Grand Prairie, Tyler, Edinburg and Canyon. He joined Irving in 2001 and oversaw the administrative services departments.

North Lake library

Less than two years after opening a library at North Lake College, city and college officials filed for a divorce. But the split is amicable, they say.

The college in June took charge at North Lake Community Library, which opened in 2002 and served students, faculty and the general public. City officials felt they were investing too much money in the library, which wasn't attracting many residents. And college officials were concerned that the library wasn't fulfilling student and faculty needs.

[TexasStooge]

County OKs health clinic

Project needs approval from City Council in order to move forward

By ERIC AASEN / The Dallas Morning News

IRVING, Texas - City leaders received an early Christmas present last week: Dallas County commissioners approved an agreement to open a community health clinic in south Irving.

The clinic requires City Council approval before the project can move forward. Council members have said they support the clinic. The council may vote on the matter on Jan. 6, city officials said.

The city needs the clinic, said Ken Mayfield, the county commissioner who represents Irving.

"I'm glad we're finally getting to the point where we can start to get [the clinic] in place," he said.

Mayor Joe Putnam said last week's vote was "very positive and a very good development."

The clinic would be operated by Parkland Health and Hospital System. Parkland Memorial Hospital's Board of Managers has already approved the agreement.

City officials say the clinic, which could cost about $12.1 million, would allow patients more convenient access to medical care, while easing patient loads at area emergency rooms.

The federal government awarded a $5.2 million loan last spring to help build the clinic. Other funding sources include the city, Parkland and Baylor Medical Center at Irving.

Community health clinics are a "better preventative medicine model" and an ideal way for city governments to work with Parkland, said Dr. Ron Anderson, Parkland's president and chief executive officer.

"I wish it had already been built," he said this month.

[TexasStooge]

Museum proposal on hold

Council member says project's expense requires discussion

By ERIC AASEN / The Dallas Morning News

IRVING, Texas - A proposed Irving heritage museum is on hold because City Council members want more information about the project.

Some council members have requested additional details about how the museum will be marketed and financed once it opens.

Museum backers may report back to the council as early as January. They feel they'll be ready to satisfy council members, said George Edwin, Museum Board chairman.

"We're ready to move ahead," he said.

Mayor Joe Putnam has said he has four council votes to go ahead with the project – he needs one more. He says he doesn't know what needs to happen in order to get another council member to approve the museum.

"I have no idea," he said recently. "My own take is that they don't see the value of a museum in the same light that ... I do."

Council member Joe Philipp says the council supports a heritage museum. But because the museum will need about $2 million to get up and running, and will require additional funds to operate, the project requires more discussion, he said.

"If we're going to spend that amount of money, we need a plan to let us know how we're going to fund it," he said.

Plans for a city history museum have been in the works for years. The city has bought a building on West Irving Boulevard that may house the museum.

Mr. Putnam said the building is the best place for the museum, although some council members are open to locating the museum elsewhere in Irving.

The museum will include a variety of exhibits from such topics as transportation and agriculture, said Mr. Edwin, who would like the museum to open in spring 2006.

Mr. Putnam has touted the benefits of a heritage museum in the last few years.

"Anything that operates to preserve the heritage of the community and to protect historical assets for future generations to enjoy and observe, and make use of, is of vital importance," he said.

[TexasStooge]

Mayoral candidate drops out, citing her support for Randle

By ERIC AASEN / The Dallas Morning News

IRVING, Texas - Carol Van Luik is dropping out of the mayor's race.

She says she is getting out because Marvin Randle, a former mayor, has decided to run.

Mr. Randle will be up against at least three others – Mayor Joe Putnam and former City Council members Herbert Gears and Terry Waldrum.

There's plenty of time for candidates to decide whether to run. Filing for the May 7 election begins in February.

Ms. Van Luik said she'll support Mr. Randle.

He has said he wants to improve code enforcement and economic development.

The city needs to attract new businesses and more jobs, he said.

Mr. Putnam has said that he's the best-qualified person for the job.

He says the city should consider building a convention center.

And he wants to continue plans to build an Irving heritage museum.

Mr. Gears has said that Irving isn't responding enough to concerns about neighborhood deterioration and that he wants to develop business in Las Colinas.

Mr. Waldrum has said he wants to improve code enforcement and give incentives to developers to build in south Irving. He says the city needs a mayor who will take action quickly.

[TexasStooge]

Board president home from hospital

IRVING, Texas (The Dallas Morning News) - School board President Barbara Cardwell is back at home recovering from a bout of pneumonia that put her in the hospital, including time on a respirator.

"I'm doing real well," she said this week. "I'm regaining my strength from being in bed for three weeks."

Ms. Cardwell, the board's most senior member who is serving her 18th year, was elected unanimously in May to lead the board. She served three previous terms as president during the '70s and '90s.

Ms. Cardwell, 73, went into the hospital in late November "very suddenly," she said, leaving school board Vice President Ruben Franco to take over for the December board meeting, his first time at the helm.

Doctors haven't told her yet when she'll be able to return to circulation in the community or board duties, but it probably will be sometime after the first of the year, she said.

The board meets again Jan. 10.

But she'll be able to spend the holidays with family.

"We have plenty to be thankful for," she said.

Russell Rian contributed to this report

[TexasStooge]

Planned development near Grand Prarie airport criticized

Land sits near runway; aviation groups say apartment proposal unsafe

By DAN RONAN / WFAA ABC 8

GRAND PRARIE, Texas - As pilots make the final approach to Grand Prairie Municipal Airport's Runway 35, they fly over a 25-acre parcel of land.

The property is considered a federal runway protection zone - a last-minute bail-out spot for pilots on landing or takeoff if there's an emergency.

"This runway protection zone is just what it says," said Shelly Lesikar of the Aircraft Owners and Pilots Association. "It protects the area."

The Federal Aviation Administration is recommending the land remain undeveloped, but a developer now wants to build apartments on the site though some feel it would be unsafe. The city is in the middle, and is being threatened with a lawsuit.

The sponsor of the airport is supposed to make sure everything is clear of hazards and clear of obstructions, but the developer wants to put a 304-unit complex on the land.

The Grand Prairie City Council has the final decision. Officials say they have few options: approve the plan, buy all the land for $1. 5 million, or get sued by the owner who wants to develop the property.

"We have had those conversations with him and his attorney," said Grand Prairie city planning director Bill Crolley.

The FAA has issued an advisory recommendation, saying any development is "strongly discouraged" and "incompatible" with the airport.

But the developer says the FAA's report is only advisory, and believes the project is on solid legal ground. Additionally, the land has been zoned for apartments for more than 25 years.

Aviation safety groups disagree.

"Putting 300 apartments just south of the runway does not make any common sense," Lesikar said.

The city said it doesn't have the money to buy the land, and it doesn't want to defend a lawsuit from the land owner. However, they appreciate the estimated $85 million the airport generates in economic development each year.

"I haven't heard anyone on the council say they don't want the airport to maintain and be what it is today, and be a viable airport for the future," Crolley said.

The council will discuss the issue, and may vote on the proposal as early as next Tuesday night. Officials expect the debate to be vigorous, and the vote very close.