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December 2012 (15)
WASHINGTON
U.S. Senator John Cornyn (R-TX), a member of the Senate Judiciary Committee and former Texas Attorney General, issued the following statement after the U.S. Senate unanimously passed the Sexual Assault Forensic Evidence Reporting (SAFER) Act, a bipartisan bill to audit and reduce the backlog of untested rape kits sitting in the possession of law enforcement agencies across the country: “For far too long untested rape kits have been piling up due to limited resources prescribed by antiquated laws, denying justice and compounding the pain for an untold number of victims in cities across Texas and the nation. “Today we took a large step toward ensuring justice for victims of sexual assault. I’m encouraged by the unanimous support the SAFER Act received in the Senate and look forward to a vote on the House floor.” Sen. Cornyn along with Sen. Michael Bennet (D-CO) introduced the legislation to fight the backlog, which experts have pegged as high as 400,000. Endorsed by key national victims’ rights groups, this deficit-neutral bill will provide funding for state and local governments to conduct audits of untested DNA evidence and create a national reporting system to help track and prioritize untested rape kits. U.S. Reps. Ted Poe (TX-02) and Carolyn Maloney (NY-14) recently introduced similar legislation in the House of Representatives.
The SAFER Act
• Provides state and local governments with funding to conduct one year audits of the untested sexual assault evidence in their possession. • Creates a national reporting system to help track these audits, prioritize the analysis of untested rape kits and better target existing Debbie Smith Act appropriations. • Amends current law to require that at least 75% of Debbie Smith Act funds be spent directly on either analyzing untested DNA evidence or increasing the capacity of labs. • Allows the National Institute of Justice to publish a report on protocols used in cases that include DNA evidence, and allows SAFER Act grantees to use existing funds to implement those protocols. • Prohibits grantees from holding funds in offshore accounts and using funds for conferences and lobbying, and limits the amount of funds that may be used for administrative costs.
Support
• Rape, Abuse and Incest National Network (RAINN) • Fraternal Order of Police (FOP) • National Organization for Women (NOW) • Concerned Women for America (CWA) • National Coalition Against Domestic Violence (NCADV) • National Alliance to End Sexual Violence (NAESV) • National Organization for Victim Assistance (NOVA) • Texas Association Against Sexual Assault (TAASA) • Texas Council on Family Violence (TCFV)
AUSTIN
As temperatures drop, Texas residents are reminded that colder weather can bring new hazards that are unique to this time of year. The Texas Department of Insurance provides the following tips to help keep your winter safe and insurance-claim free.
Frozen Pipes
A fast-moving cold front can cause temperatures to drop below freezing within hours. Outdoor pipes, pipes in unheated areas, and pipes that run along uninsulated exterior walls can burst if the water in them freezes, sending water pouring through your home. You can avoid thousands of dollars of damage to your walls, ceilings, carpets, and furniture by taking a few simple steps.
Before the Freeze
• Protect faucets, outdoor pipes, and exposed pipes in unheated areas by wrapping them with rags, newspaper, trash bags, or plastic foam.
• Insulate your outdoor water meter box and be sure its lid is on tight.
• Cover any vents around your home’s foundation.
• Drain and store water hoses indoors.
• Protect outdoor electrical pumps.
• Drain swimming pool circulation systems or keep the pump motor running. (Run the pump motor only in a short freeze. Running the motor for long periods could damage it.)
• Drain water sprinkler supply lines.
• Open the cabinets under sinks in your kitchen and bathrooms to allow heated indoor air to circulate around the water pipes.
• Set your thermostat at a minimum of 55 degrees, especially when you’re gone for an extended period.
• Let indoor faucets drip; it isn't necessary to run a stream of water.
• Make sure you know where your home’s shut-off valve is and how to turn it on and off.
• If you leave town, consider turning off your water at the shut-off valve while faucets are running to drain your pipes. Make sure you turn the faucets off before you turn the shut-off valve back on.
• If you drain your pipes, contact your electric or gas utility company for instructions on protecting your water heater.
If Your Pipes Freeze
• If a pipe bursts and floods your home, turn the water off at the shut-off valve. Call a plumber for help if you can’t find the broken pipe or if it’s inaccessible. Don’t turn the water back on until the pipe has been repaired.
• If the pipe hasn’t burst, thaw it out with an electric heating pad, hair dryer, portable space heater, or towel soaked with hot water. Apply heat by slowly moving the heat source toward the coldest spot on the pipe. Never concentrate heat in one spot because cracking ice can shatter a pipe. Turn the faucet on and let it run until water pressure returns to normal. • Don’t use a blowtorch or other open-flame device. They are fire and carbon monoxide exposure risks.
• Contact your insurance agent or company promptly. Follow up as soon as possible with a written claim to protect your rights under Texas’ prompt-payment law.
• Review your coverage. Many homeowners and renters policies pay for property repair, and may also pay for debris removal and additional living expenses if you have to move temporarily because of damage to your home. If you can’t find your policy, ask your agent or company for a copy.
• Homeowners policies may require you to make temporary repairs to protect your property from further damage. Your policy covers the cost of these repairs. Keep all receipts and damaged property for the adjuster to inspect. If possible, take photos or videos of the damage before making repairs. Don’t make permanent repairs. An insurance company may deny a claim if you make permanent repairs before an adjuster inspects the damage.
• Most homeowners policies do not cover loss caused by freezing pipes while your house is unoccupied unless you used reasonable care to maintain heat in the building.
Fire Safety
Home fires are more prevalent in winter. The use of space heaters results in more fires and fire fatalities than any other heating sources. The State Fire Marshal urges you to follow safe space heater practices:
• Keep heaters at least three feet away from drapes, furniture or other flammable materials.
• Put the heater on a level surface away from where people or pets might knock it over.
• Plug heaters only into outlets with sufficient capacity and never into extension cords.
• Never leave a space heater unattended or running while you sleep.
• Keep electric heaters away from water. Never use them near a sink or in the bathroom.
• Never use or store flammable or combustible liquids near or in rooms with heaters. Test your smoke alarms monthly. If you don’t already have a home escape plan, make one and practice it. Your plan should include knowing two ways out of every room and having a designated meeting place outside and away from your house.
More Information
Consumers with any questions or concerns about their insurance coverage should call the TDI Consumer Help Line: 1-800-252-3439. (Monday through Friday from 8 a.m. to 5 p.m.)
Program milestone: 10,000th unexpected DNA match
AUSTIN
The Texas Department of Public Safety (DPS) Combined DNA Index System (CODIS) program recently passed a new milestone, the 10,000th offender cold hit, which are unexpected DNA matches that help solve open cases. Since 1998, the DPS CODIS Lab has helped solve 644 homicides, 3,399 sexual assaults, 4,273 burglaries, 556 robberies and hundreds of other miscellaneous crimes in Texas and other states. CODIS is a nationwide FBI database used to match DNA of known criminal offenders with biological evidence from crime scenes. DPS is the program administrator for CODIS in Texas and processes the DNA of certain offenders as authorized by law. The DNA profiles are then added to the database where they are cross-referenced with crime scene DNA evidence. “It would be difficult to overstate the impact of CODIS in law enforcement. Along with advancements in DNA technology, it has revolutionized crime fighting, helping solve countless crimes and providing invaluable assistance to our law enforcement partners,” said DPS Director Steven McCraw. “Many of these crimes may never have been solved if not for this database. In addition, CODIS can actually vindicate or exclude a suspect in a case, which is another valuable tool for investigators.” The Texas CODIS database was established by the Texas Legislature in 1996. Since that time, the DPS CODIS Lab has analyzed and uploaded more than 660,000 offender DNA samples into the Texas portion of CODIS, which is linked to the national database. That growing number of offenders in the database explains the rapid growth in Texas CODIS cold hits. It took 11 years to reach 1,000 cold hits, but only five more to reach 10,000. The CODIS Lab at DPS headquarters in Austin also serves as the primary point of entry for local law enforcement into the Texas and national CODIS databases. Of the 10,027 cold hits, approximately 50 percent of the suspects were not incarcerated at the time CODIS linked them to a crime, which is sometimes more serious than the original offense that required them to provide a DNA sample. Texas law now requires all registered sex offenders, and any convicted felons sentenced to Texas Department of Criminal Justice or juveniles committed to the Texas Juvenile Justice Department facilities to provide a DNA sample. In addition, felons placed on community supervision must provide DNA, as well as certain qualifying arrestees. About 60 percent of the DNA evidence that links suspects to crimes through the Texas portion of CODIS is processed by eight regional DPS crime labs. The remainder are processed at police department crime labs in Austin and Houston; the University of North Texas Health Science Center; and the county medical examiner labs in Dallas, Fort Worth, Houston and San Antonio. CODIS can also tie multiple crimes together, which happened in the recent Twilight Rapist case. As a repository for case evidence profiles, the database linked multiple sexual assaults of elderly women in central Texas to one suspect, confirming law enforcement suspicions they were dealing with a serial rapist. When a man was arrested in January 2011 while committing a crime, his DNA profile quickly confirmed to investigators they had captured their serial rapist suspect.
HOUSTON
A new grant will help researchers at Baylor College of Medicine (www.bcm.edu) understand the role of telomeres, the ends of chromosomes, in aging. Dr. Ergun Sahin, assistant professor at the Huffington Center on Aging and in the department of molecular physiology and biophysics at BCM, has received a $200,000 grant for two years from the Ted Nash Long Life Foundation, a nonprofit based in Waco committed to funding research to improve the length and quality of life for future generations. “Studies in patients with severe telomere shortening syndromes and in animal models have demonstrated the importance of adequate telomere length for normal lifespan and health,” said Sahin. “It is believed that aging occurs, at least in part, due to continuous loss of telomeres across different organs.” Sahin and colleagues will study how short telomeres impact the aging process, specifically what mechanisms are activated in cells with short telomeres that lead to cellular and organismal aging. They hope to be able to understand what pathways are impacted by short telomeres to then manipulate the process to prevent or delay partial decline in aging. His group will use genetic mouse models to manipulate the short telomere state and then reverse it. He will also study cells derived from patients who have telomerase mutations and compare to patients who age at a normal rate.
With the hustle and bustle of the holiday season, Texas physicians worry drivers are more distracted than usual on our roadways, especially with the advent of texting. “Distracted driving is a major cause of death and disability. The Texas Medical Association (TMA) supports all reasonable and enforceable efforts to reduce this problem,” said Stephen Brotherton, MD, Fort Worth orthopedic surgeon and TMA president-elect. The popular activity of texting while driving concerns several state legislators, who have filed bills to ban the practice.
These include:
• Senate Bill 28 by Sen. Judith Zaffirini (D-Laredo) and House Bill 63 Rep. Tom Craddick (R-Midland) would ban text-based communications except when using a GPS device, pressing a button to make a call, and using voice-operated technology. SB 28 would exempt texting for emergency situations and by emergency responders.
• House Bill 27 by Rep. Trey Martinez Fischer (D-San Antonio) would ban reading, writing, or sending a text message on a handheld device and establishes fines for offenders. • House Bill 41 by Rep. Jose Menendez (D-San Antonio) would prohibit wireless communication devices except hands-free device and establishes fines for offenders.
• House Bill 69 by Rep. Eddie Lucio III (D-Brownsville) would ban text-based communications.
• House Bill 108 by Rep. Patricia Harless (R-Spring) would ban text-based communications excepting GPS devices, pressing of a button to make a call, and voice-operated technology.
In 2011, legislation to ban texting while driving passed the House and Senate, but in the end, Gov. Rick Perry vetoed it. “Some forms of distracted or impaired driving are already discouraged with some success, such as driving while intoxicated,” said Dr. Brotherton. “The ability to effectively prevent texting while driving ― though challenging ― will encourage the reduction of incompetent driving in all forms. Safe driving saves lives and health costs. “A motor vehicle is a potentially lethal weapon,” added Dr. Brotherton. Include texting in the mix and the chances of dying in a car wreck increase dramatically. The Virginia Tech Transportation Institute found that when drivers text, they are 23 times more likely to crash their car. The Texas Department of Transportation said distracted driving caused more than 81,000 collisions and claimed more than 360 Texans last year. In addition to saving countless lives, Texas physicians say new legislation banning texting could save Texas money. The National Highway Traffic Safety Administration reports on-and-off-the-job traffic injuries cost Texas businesses $4.3 billion annually in the form of lawsuits, medical bills, property damage, and lost work. “Texting is one of the most controllable and potentially most deadly distractions on the road,” said TMA physician leader Arlo Weltge, MD. “At 70 miles per hour, taking your eyes off the road for even a brief moment can lead to loss of vehicle control and terrible crashes. “Even good drivers can suffer permanent life-changing consequences when they decide to text and drive,” warned Dr. Weltge. TMA is the largest state medical society in the nation, representing more than 46,000 physician and medical student members. It is located in Austin and has 120 component county medical societies around the state. TMA’s key objective since 1853 is to improve the health of all Texans.
The Texas State Teachers Association voiced strong opposition to Sen. Dan Patrick’s so-called “choice” agenda and said Texas taxpayers should not be fooled by the senator’s effort to disguise the bill as something other than an attempt to divert tax dollars from public schools to private schools. “It doesn’t matter what Senator Patrick calls it, his bill offers no choice at all for most Texas families,” said TSTA President Rita Haecker. “He can call it vouchers or choice or tax credits, but any scheme that diverts state tax dollars to private schools will cost taxpayers money while undermining our public schools,” Haecker added. Although Sen. Patrick calls the legislation a school “choice” bill, the measure would offer nothing to the vast majority of Texas students and their families. That’s because the vast majority of Texas children will continue to be educated in traditional public schools, and that is where our state tax dollars need to be spent. And, most middle- and low-income families still will be unable to afford tuition at many private schools. Tax dollars that are needed to restore public education cuts should not be used to support private schools. “As Senate Education Committee chairman, Sen. Patrick should be making plans to restore the $5.4 billion he voted to cut from public education last session instead of promoting a scheme to enrich private school owners,” Haecker observed. Public schools take all children, regardless of needs, special circumstances or family income. Private schools can “cherry pick” the best students, while refusing to accept children with special needs or those still learning to speak English. Public schools must account for how they spend tax dollars. Private schools do not. Research compiled by the National Education Association has found no evidence that voucher programs have improved overall educational results in other states. “The Patrick-Dewhurst proposal is nothing more than another cut to public education. Private schools are not accountable and do no better educating our children,” Haecker concluded.
AUSTIN, Texas
Raising the minimum wage to a living wage begins the cycle of lifting single mothers out of poverty, according to a policy report released by the Institute for Urban Policy Research & Analysis (IUPRA) at The University of Texas at Austin. The U.S. census shows more Americans — 46.2 million people — are living in poverty than ever before. And for African American and Hispanic women, a full-time minimum wage job isn’t enough to break out of the poverty cycle. According to the report, working women of color make $0.64 and $0.56, respectively, for every dollar white men earn. Shetal Vohra-Gupta, an IUPRA research fellow, said this disparity is concerning because female-led households with children have increased by approximately 10 percent during the past decade — and more families than ever before depend on women as primary breadwinners. To illustrate the adverse effects of a stagnant minimum wage, the analysis points to Texas, which has the largest number of low-wage workers ($7.25/hour) in the nation, according to the Bureau of Labor Statistics. Despite its national reputation for economic growth, Texas ranks sixth in the number of people living in poverty, and its poverty rate is growing faster than the national average, according to the 2010 U.S. census. African American and Hispanic women are hit the hardest. Drawing from U.S. census and American Community Surveys data, the report shows the nation’s total of single-mother households increased 163 percent among Hispanics and 33 percent among African Americans during the past decade. To rise above the poverty threshold, a single mother raising two children and working full time would need to earn $17.50 to $31.60 an hour, according to the Economic Policy Institute, a nonpartisan think tank for economic research. This amount, known as the living wage, is more than twice the average minimum wage in most communities. The findings indicate that Congress should work to increase the federal minimum wage and then adjust it to inflation in order to increase purchasing power and ultimately boost the U.S. economy. King Davis, professor of African and African Diaspora Studies and IUPRA director, says the report reveals the dire implications of a stagnant minimum wage on the U.S. economy. “Low wage earners cannot participate fully in the economy, thus lowering the overall economic health of their neighborhoods and communities,” Davis says. “Dr. Vohra-Gupta identifies that where race, low education and limited skills combine, the risks of long-term poverty for the women and their children requires policy action by a Congress that is intent on eliminating rather than increasing the worth of entitlements.” In a separate policy report, Vohra-Gupta and a team of IUPRA researchers analyzed demographic trends in the African American population in Texas since 1950. The findings show that single mothers comprise the third largest group of householders. Of the 24 percent living below the poverty level, single mothers comprise 65 percent. The researchers also found the share of African Americans in the category of “high school graduate, GED or alternative” is five percentage points higher than the general population. Yet that group is seven percentage points lower in the category of “bachelor’s degree or higher.” The reports raise important questions about several important issues, such as racial disparities in higher education, the economic toll of a stagnant minimum wage and the cycle of poverty among African American single mothers. “Wages that do not provide women with the ability to meet their needs is a major national problem that is often ignored,” Davis says. “This research shows just how concentrated low wages are in populations of women of color. The absence of a living wage greatly limits their ability to sustain themselves and their families or get out of poverty.”
A professor of personal financial planning at Texas Tech University was named to the InvestmentNews Power 20 list of men and women who will play a key role in shaping the financial advisory industry in 2013. InvestmentNews noted research published by Michael Finke in 2012 that estimated the impact of proposed fiduciary legislation on the brokerage industry as the “paper heard ‘round the advisory world.” The paper, published in the Journal of Financial Planning, investigated the behavior of brokers within states that had a stricter fiduciary standard and concluded that legislation requiring a fiduciary standard wouldn’t have an adverse effect on brokers’ ability to serve customers. The industry had argued that a stricter fiduciary standard would harm consumers by limiting the availability of advising services. “Part of our goal as the largest academic program in financial planning is to advance the concept of advising services as a profession,” Finke said. “Through our research on a number of topics, we’ve been able to improve the base of knowledge within the financial planning industry. We hope to have an even greater impact on the profession in 2013.” Finke also will be the keynote speaker at the National Association of Professional Financial Advisors conference in 2013. NAPFA is the country’s leading professional association of fee-only financial advisors. Other members of the 2013 Investment News Power 20 include others involved in the debate over fiduciary legislation of financial advisors such as U.S. Senator-elect Elizabeth Warren (D-Mass), Securities and Exchange Commission chairman Elisse Walter, Labor Secretary Phyllis Borzi, and Financial Industry Regulatory Authority CEO Richard Ketchum.
COLLEGE STATION, Texas
Conditions could line up for an active winter wildfire season in some parts of the state, and Texas A&M Forest Service officials are urging residents to take precautions. The agency has identified an “area of concern” where large wildfires could occur this winter if conditions are right. The area includes everything north of a line from Fort Stockton along I-10 to San Antonio, north to Austin, northeast to Tyler and east along I-20 to the state line. That region didn’t get enough rainfall this year to eliminate drought but did get enough to increase grass growth. Low humidity, dry conditions and high winds can cause fire to spread rapidly, said Justice Jones, Wildland Urban Interface coordinator for Texas A&M Forest Service. Although there are particular areas of concern, fires can occur anywhere in the state, and residents should remain cautious. “Any time the state experiences dry periods with strong, gusty winds, the threat of wildfire will increase and extra caution is encouraged to avoid devastating wildfires,” Jones said.
Several precautions are suggested for the holiday season:
• Check for and obey burn bans and fireworks restrictions.
• When and where outdoor burning is allowed, keep the fire small, never leave it unattended and remove flammable leaves and other materials from the area surrounding the fire. Avoid lighting piles on windy days.
• Keep water nearby in case a fire starts. A spark or burning ember can ignite dry, fine-textured fuels like grass and weeds.
• Read and follow label instructions on how to properly discharge fireworks. • Use fireworks with close adult supervision and only in areas clear of dry vegetation.
• Avoid using fireworks, particularly aerial varieties, around buildings. Wind can carry hot fireworks onto roofs where leaves or other flammable debris may have accumulated.
• Remove your natural Christmas tree soon after the holidays and consider community tree recycling projects. Christmas trees can be ground up for mulch or provide shelter for birds and other wildlife.
• Dispose of wrapping paper, boxes and other holiday waste by recycling, when practical. Burn paper and cardboard in a burn barrel or other fire-proof receptacle topped by a metal screen or grill, as winds can carry embers over long distances.
HOUSTON –
Many of us may feel guilty if we treat ourselves a little too much during the holidays, but for those with diabetes, overindulgence can lead to a greater health concern. Dr. Alan Garber, professor of medicine in the section of diabetes, endocrinology and metabolism at Baylor College of Medicine, offers diabetes management tips for the holidays. “Holiday foods tend to be rich in carbohydrates and fats and both of these tend to increase insulin requirements,” Garber said. “You should also beware of the amount of sugar in holiday treats.”
Garber offers the following tips:
-If you have a sweet tooth, look for sugar-free items at the grocery store.
-Control your portions when eating foods that are high in fat.
-High-fat meals independently produce insulin resistance and raise insulin requirements, so be sure sugar-free items are not high in fat.
-At holiday parties, eat less by sampling foods or eating ahead of time to avoid temptation.
-Avoid alcoholic drinks, they stimulate your appetite and can have high sugar contents.
-Balance any indiscretion with exercise immediately after the meal, which burns calories and reduces insulin resistance.
Garber suggests not becoming too preoccupied with your diabetes diagnosis during the holidays, but reminds that it’s always important to be cautious of what you’re eating. “You need to remember that excess consumption is never good for you, diabetes or not,” he said.