Polk County Enterprise (Livingston, Tex.), Vol. 107, No. 70, Ed. 1 Thursday, August 31, 1989 Page: 1 of 54
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Volume 107 Number 70
Penry
retrial
likely
HUNTSVILLE - The Texas Board
of Pardons and Paroles declined
Tuesday to reconimend that con-
victed killer Johnny Paul Penry’s
sentence be commuted to life in
prison.
Although the parole board left the
door open to making such a recom-
mendation to Gov. Bill Clements
later, Penry’s attorney, Curtis
Mason of Huntsville, said he now
believes that the retarded death row
inmate will have to stand trial once
again.
“It is my understanding that the
parole board declined to act to see
what your district attorney wants to
do,” Mason said Wednesday.
“Basically, it is the same as saying
that they are not going to act and are
not going to grant commutation in
this case.”
Polk County District Attorney
Terry Brown confirmed Wednesday
he intends to retry the case and once
again seek the death penalty. No
trial date has yet been set in the mat-
ter.
Last month Brown announced that
258th District Attorney Joe Price of
Trinity - the prosecutor who
orginally obtained the death
sentence in the case - had agreed to
serve as the lead prosecutor in the
retrial.
Brown also estimated that the cost
of the second trial could be as much
as $500,000 - an amount that is well
above his budget for the year. He
said he is seeking financial help
from the state legislature.
“We’ve already gotten some com-
mitments from various other offices
for help with personnel - such as an
investigator and another prosecutor
who would come in and see that our
other cases don’t get stacked up,”
Brown said.
“We also are trying to convince
the governor to let us introduce
special legislation during the up-
coming November special
legislative session,”
The legislation being sought would
put Brown’s office under the Profes-
sional Prosecutor’s Act which would
make the state responsible for fun-
ding the local district attorney’s of-
fice.
See GRANT pg. 2A
The Dominant News and Advertising Source in Polk County
UPSP 437-340 Price: 25 cents
i.rm
Emotions run high
over hospital fate
ENTERPRISE PHOTO BY KENN SCHMIDT
FIRST-DAY WORRIES - Samantha Nelson common as children arrived for their first
isn’t quite looking forward to being day of school Monday at Livingston Primary
separated from her mom and starting School,
kindergarten. Similar looks of concern were
LIVINGSTON - County commis-
sioners may be comparing their
courtroom chairs to the burners on a
four-burner stove these days, but at
least one citizen feds the wrong peo-
ple are feeling the heat.
The consolidation of county dump
sites was the hottest issue debated
Monday, but medical services ran a
close second as the subject that drew
the most public comment during a
court meeting in which the subjects
were as varied as the public opinion.
Floyd Dickens of Segno, present
primarily to express the people’s
displeasure at the removal of
several garbage collection sites
after the tax rollback (see related
story this page), put in a plug for two
other county services - the hospital
and ambulance.
Dickens said the primary respon-
sibility of the judge and commis-
sioners is the health and safety of the
people. He pledged to do all he can to
see the hospital has the best hospital
and ambulance service possible. He
complimented the ambulance ser-
vice, saying, “They have what it
takes to save your life.... We cannot
do without it."
County Judge Wayne Baker said
most people do not realize that as
soon as a traveler crosses the county
line “he’s 'our responsibility.”
Health care and public safety have
always been the county’s priorities,
he said.
Dickens’ twin brother, Lloyd, also
pledged support for the hospital and
ambulance. “This city and county
cannot grow without adequate
medical facilities.” He said he is
familiar with the hospital’s financial
problems and spent his own money
to try to halt the hospital’s lease to
Healths tar.
“We can’t make the same
mistake,” he said. “We need to pay
for the mistake we made.”
Precinct 2 Commissioner Bobby
Smith said he appreciates hearing
some positive comments. While ad-
mitting “the hospital has a way to
go,” he said the county’s advanced
life support ambulance service is
among the best. “If you fall over
with a heart attack right now, you’ve
got as good a chance of making it as
you would in Houston.”
“The heat is in the wrong place,”
Boaters, bikers among targets of new laws
By EMILY BANKS
Enterprise staff
LIVINGSTON - Boaters, bikers
and children in truck beds are three
groups that will face changes as of
Sept. 1, resulting from the hundreds
of laws that passed during the 71st
regular session of the Texas
Legislature.
•Senate bill 271, sponsored by Sen.
Carl Parker (D-Port Arthur), makes
It illegal to operate a boat while
drunk. Not limited to motorboats,
the bill also covers sailboats and the
operators of skis, jet skis, platforms
and other watercraft driven by
mnchine or wind power.
“It basically covers anything that
is not solely propelled by a current of
water,” according to James Fields,
an aide to Sen. Parker. In the case of
a drunk skier, the skier would be the
one charged, he said.
Prior to the passage of this bill, a
boater operating under the influence
of alcohol could only be arrested if
file driver was actually endangering
others through reckless action or if
an accident occurred.
Punishment will be comparable to
that for a DWI conviction - a fine of
up to $1,000 and imprisonment of up
to 180 days for a first offense.
•Sen. Ted B. Lyon (D-Rockwall)
sponsored Senate bill 41, which re-
quires motorcycle riders to wear
protective headgear.
Before 1977, every motorcycle
rider, adult or minor, had to wear a
helmet. As of Aug. 29, 1977, the
motorcycle helmet law was revised
and modified so that it only covered
those under 18.
“The main issue is the safety issue
concerning head injuries,” Charles
Whittaker, Lyon’s assistant, said.
“The second issue is a monetary
one. Many of the unhelmeted in-
juries are people with no insurance.
Therefore, the taxpayers have to
pick up the bill.”
•Senate bill 170, also sponsored by
Parker, prohibits a person from
operating a pick-up truck or open
flatbed trailer exceeding 35 miles
per hour, with a child younger than
12 in the bed of the truck or trailer.
The offense is punishable by a
fine.
Listed below are other bills that
passed, which will affect, or be of in-
terest to, the general public. With
the exception of a few that went into
effect Monday, these laws will be ef-
fective as of Friday:
•Senate bill 115, sponsored by Sen.
Cyndi Krier (R-San Antonio),
outlaws the sale or provision of
cigarettes, cigars, chewing tobacco
and any other tobacco products to
anyone under the age of 18.
Otn USD proposal
Tax hearing tonight
LIVINGSTON - A proposal to in-
crease Livingston Independent
School District taxes by 12.73 per-
cent will be discussed during a
special-called meeting of the L1SD
Board of Trustees at 6 o’clock
tonight (Thursday).
The board meets in the T-l
Building of Livingston Junior High
School.
Citizens will be given an oppor-
tunity to express their views and the
board will set the date, time and
place of the meeting at which it will
vote on the proposed tax increase.
The proposed rate, the lowest of
two rates discussed during a special-
called meeting Jast week, would in-
crease taxes from the current 92.80
cents to $1.0366 per $100 valuation.
Under the proposed rate, taxes cm
the average home in the district
(valued at $27,595) would increase
by $28.45.
Previously, anyone 16 or older
could purchase tobacco products.
According to Claudia Nadig,
Krier’s legal council and legislative
aide, “She’s interested in health and
concerned with the health problems
created by smoking.”
•House bill 182, sponsored by Rep.
James Hury (D-Galveston), pro-
vides refueling services for disabled
persons and fuel at a reduced price.
“This allows disabled persons
with the disabled sticker or license
plate on their vehicle to get self ser-
vice prices at full service pumps at
full service stations,” Nora Nease,
legislative aide to Hury, said.
•House bill 858, sponsored by Rep.
Bill Hammond (R-Dallas), enforces
new requirements for issuance of
driver’s license.
“Anyone under the age of 18 has to
be enrolled in school or a GED pro-
gram to apply for a driver’s
license,” Mary Ragland, committee
clerk for Hammond, said. “The
license has to be renewed annually
and the student must bring a form
from the principal stating that he
has attended classes for 80 days
prior.”
•Senate bill 85, sponsored by Sen.
John Whitmire (D-Houston), en-
forces the making of payments to a
crime stoppers program a condition
of probation.
“During the 70th session,
payments to the private, non-profit
organization were prohibited,”
Dianna Lollie, legislative aide to
Whitmire, said. “With the new law,
judges can impose one payment of
up to $50 as a condition of
probation.”
•Senate bill 125, sponsored by Sen.
Gene Green (D-Houston), concerns
the report of the use or sale of drugs,
inhalants or alcoholic beverages on
school property.
According to Ann Fickle,
legislative assistant to Green,
“Teachers were afraid to report
suspected drug use, or the possible
sale of drugs, for liability reasons.
“There is a statute in the bill
which exempts them from personal
liability for performing within the
scope of their duties,” Fickle said.
“This bill is meant to encourage
teachers and other school personnel
to report these situations.”
•Senate bill 1588, sponsored by
Sen. Chet Brooks (D-Pasadena),
concerns the anatomical gift state-
ment on the reverse side of a
driver’s license.
According to Lisa McGifford,
legislative aide to Brooks, “this bill
is bringing us back to where we were
at one time. The bill reinstitutes the
statement on the back of the driver’s
license so it’s real simple for people
to sign an J indicate that’s what they
want to have done. It’s meant to en-
courage more people to think about
donating their organs.”
•House bill 1522, sponsored by
Rep. D. Barry Connelly
(R-Houston), provides incentives for
minors to appear in court for traffic
violations.
“In the past, if a minor did not ap-
pear for his court date, nothing was
done,” Kathy Hewett, Connelly’s
assistant, said. This bill rectifies
that by enforcing that if a minor
does not appear in court, his driver’s
license can be revoked."
•Senate bill 444, sponsored by Sen.
Kenneth Armbrister (D-Victoria),
requires the coding of certain plastic
containers to facilitate recycling.
“By 1991, anyone in the business of
making plastic bottles in Texas, will
be required to put a code on the bot-
tom of the bottle explaining the
resins that are used,” Geoff Sugar-
man, legislative aide to Armbrister,
said.
“The problem with recycling
plastics, such as milk bottles, soda
bottles and shampoo bottles, is that
they’re all different and the com-
ponents don’t adhere. Sixteen states
have adopted this already and they
all will use the same standard
code.”
•Senate bill 1868, sponsored by
Sen. Don Henderson. (R-Houston),
hns to do with the authority of a per-
son to stand in a roadway to solicit
charitable contributions.
“This bill amends Section 2 of the
current bill which states that the
definition of a charitable organiza-
tion shall meet those established by
the federal Internal Revenue Ser-
vice,” Zina Holland, Henderson’s
See NEW pg. 2A
Lloyd Dickens said. “The heat
should be on the people who made
the decision in the first place,”
meaning the hospital board.
“They’re the ones responsible for
the predicament we’re in with the
hospital and ambulance today.”
Not everyone present was in sup-
port of the hospital and ambulance.
“I have probably spent more time
in the hospital than the commis-
sioners and the judge put together,”
said F.G. Hon, who lives just north
of Livingston. None of that time has
been spent in the Polk County
hospital, he said. Hon added that if
he has an emergency he wants to go
to Lufkin or Houston. “I can be
halfway there before the ambulance
finds my house.” He also noted that,
several years ago, the people of the
county voted against the ambulance
service.
“They voted against a 6-cent ad-
valorem tax to operate it,” Baker
said.
Lloyd Dickens said he has used the
local hospital. “I was hurting so bad
I don’t think I could have made it to
Lufkin or Houston.” He added, “I
don’t want to see the commissioners’
court hung with the responsibility...
of the hospital being in the situation
it is in."
See HOSPITAL pg. 2A
Cutbacks
debated
LIVINGSTON - Motions by
Precinct 3 Commissioner James J.
“Buddy” Purvis to keep the Cor-
rigan tax office open five days a
week and to allow the Precinct 3
justice of the peace secretary to
work full-time in Corrigan died for
lack of a second, but another post-
rollback decision, the elimination of
12 county dumpster sites, may be
reconsidered.
Purvis’ motion to reinstate the
Corrigan tax and JP offices to full-
time status came following a nearly
two-hour executive session Monday
afternoon and was met with con-
spicuous silence on the part of the
other three commissioners. Once the
motion died for lack of a second,
Precinct 2 Commissioner Bobby
Smith said, “I think we made
changes on that at the last meeting,”
adding there has not been time to see
how the plan will work.
Commissioners initially cut the
Corrigan tax office to two days a
week, amending that decision last
week to allow the office to be open on
Mondays, Wednesday and Fridays.
The court gave Corrigan-area car
dealers the option of becoming
deputized to perform their own vehi-
cle registration work. At that time,
they also reinstated the job of
Precinct 3 JP Secretary Belinda
Ener, with the stipulation she work
two or three days in Corrigan and
the rest of the week in the Livingston
JP offices, where a secretary was
laid off.
Having been denied a second to his
motion, Purvis asked again for the
commissioners’ support and was
again refused. “Thank you. I ap-
preciate that,” said an obviously
miffed Purvis, who has been under
pressure from his constituents to
regain the cutback losses.
All three car dealers in Corrigan,
as well as the focal bank which often
sells repossessed vehicles, indicated
they are not pleased with any
closure of the Corrigan tax office.
See CLOSING pg. MA
Schools report enrollment drop
LIVINGSTON - Monday was the
firat day of school in each of the six
districts in the county. Enrollment
for the firat day seems to be down
everywhere, compared to previous
firat days.
Livingston Independent School
District had a total of 2,795 students
on the firat day, down from 2,836 this
time last year. Compared to the
state’s projected enrollment for
LISD, this figure is a little over 100
lower, according to administrative
secretary Jerri McEwen.
Corrigan-Camden Independent
School District had 1,067 students on
the iiist Monday, also down from
last year. “We’re about 100 less than
the projection,” Superintendent
Jacob Sherman said.
Three hundred and thirty-five
students were enrolled on the first
day at Big Sandy Independent
School District, down from last
year's first day enrollment which
w&s 348
Leggett Independent School
District, one of two that increased,
had 178 the firat day, which is up two
or three compared to Iasi year, ac-
cording to Superintendent Edwin
Walker. Compared to the state’s pro-
jection, “it’s roughly the same.
Typically, we’ll gain 10 or 15 by Oc-
tober; at least we hope to."
Onalaskii Indenendent School
District, the other increase, had 343
the firat day, compared to 292 last
year. One reason for the increase is
the addition of 32 eighth grade
students to Onalaska ISD. However,
even with the addition of the eighth
graders, OISD enrollment is still up
almost 20 students. Superintendent
Travis Gibson said this amount “is
pretty close to the projected enroll-
ment.”
Goodrich Independent School
District had 283 students the first
day, which is “very similar to last
year," Superintendent Don
Reynolds said. “It was a little higher
at the beginning of last year.”
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 107, No. 70, Ed. 1 Thursday, August 31, 1989, newspaper, August 31, 1989; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth811110/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Livingston Municipal Library.