Latest news with #BrianBirdwell
Yahoo
27-05-2025
- Politics
- Yahoo
Texas governor makes it 'crystal clear' only U.S. citizens can vote in state elections
Texas Gov. Greg Abbott signed legislation on Monday which he said makes it "crystal clear" that only U.S. citizens are allowed to vote in elections in his state. "I just signed off on a joint resolution to make it crystal clear under the Texas Constitution that if you are not a citizen of the United States of America, you are not allowed to vote in Texas," the governor said in a video posted to X. Texas State Senator Brian Birdwell, a Republican, introduced Senate Joint Resolution (SJR) 37 in January, and in the resolution, he proposed a constitutional amendment clarifying that voters in Texas elections must be citizens of the U.S. Prior to the resolution, the constitution prohibited people who are under the age of 18, along with those who were determined mentally incompetent by a court or who were convicted of a felony, from voting in elections. Trump Signs Executive Order Requiring Proof Of Citizenship In Federal Elections: 'An Honor To Sign This One' But the amendment proposes adding a line to the classes of people who "shall not be allowed to vote" in Texas, which reads, "persons who are not citizens of the United States." Read On The Fox News App Birdwell's joint resolution was approved by the state senate in April, then by the state house in May. Abbott signed the joint resolution on Monday, but it still has one more step. In fact, Texas citizens will have the final say in November on whether the state constitution can be ratified to include the requirement in the state constitution. Trump's Executive Order On Voting Blocked By Federal Judge Amid Flurry Of Legal Setbacks Fox News Digital has reached out to Abbott's and Birdwell's offices for comment. Last month, a federal judge blocked an executive order signed by President Donald Trump that would require documentary proof of citizenship before being allowed to register to vote. Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia handed down the order in response to lawsuits filed by three separate groups of plaintiffs over five different provisions in a March 25 Trump executive order relating to election integrity. While Kollar-Kotelly dismissed requests to block three of the provisions, requests to block two other provisions pertaining to a proof of citizenship requirement for voters were granted. Judge Blocks Trump Election Order Despite Overwhelming American Support For Voter Id The first blocked provision sought to compel the Election Assistance Commission to amend standardized national voter registration forms to require documentary proof of citizenship. The second sought to require federal agencies offering voter registration to people on public assistance to "assess" the individual's citizenship status before doing so. "Our Constitution entrusts Congress and the States — not the President — with the authority to regulate federal elections. Consistent with that allocation of power, Congress is currently debating legislation that would affect many of the changes the President purports to order," Kollar-Kotelly, a Clinton-appointee, wrote in her order. "No statutory delegation of authority to the Executive Branch permits the President to short-circuit Congress's deliberative process by executive order." Meanwhile, 25 states, including Texas, are considering some form of proof-of-citizenship legislation, according to the Voting Rights Lab, which is tracking such legislation. In total, 15 state constitutions have explicit prohibitions against non-citizen voting. Fox News Digital's Alec Schemmel contributed to this article source: Texas governor makes it 'crystal clear' only U.S. citizens can vote in state elections
Fox News
27-05-2025
- Politics
- Fox News
Texas governor makes it 'crystal clear' only U.S. citizens can vote in state elections
Texas Gov. Greg Abbott signed legislation on Monday which he said makes it "crystal clear" that only U.S. citizens are allowed to vote in elections in his state. "I just signed off on a joint resolution to make it crystal clear under the Texas Constitution that if you are not a citizen of the United States of America, you are not allowed to vote in Texas," the governor said in a video posted to X. Texas State Senator Brian Birdwell, a Republican, introduced Senate Joint Resolution (SJR) 37 in January, and in the resolution, he proposed a constitutional amendment clarifying that voters in Texas elections must be citizens of the U.S. Prior to the resolution, the constitution prohibited people who are under the age of 18, along with those who were determined mentally incompetent by a court or who were convicted of a felony, from voting in elections. But the amendment proposes adding a line to the classes of people who "shall not be allowed to vote" in Texas, which reads, "persons who are not citizens of the United States." Birdwell's joint resolution was approved by the state senate in April, then by the state house in May. Abbott signed the joint resolution on Monday, but it still has one more step. In fact, Texas citizens will have the final say in November on whether the state constitution can be ratified to include the requirement in the state constitution. Fox News Digital has reached out to Abbott's and Birdwell's offices for comment. Last month, a federal judge blocked an executive order signed by President Donald Trump that would require documentary proof of citizenship before being allowed to register to vote. Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia handed down the order in response to lawsuits filed by three separate groups of plaintiffs over five different provisions in a March 25 Trump executive order relating to election integrity. While Kollar-Kotelly dismissed requests to block three of the provisions, requests to block two other provisions pertaining to a proof of citizenship requirement for voters were granted. The first blocked provision sought to compel the Election Assistance Commission to amend standardized national voter registration forms to require documentary proof of citizenship. The second sought to require federal agencies offering voter registration to people on public assistance to "assess" the individual's citizenship status before doing so. "Our Constitution entrusts Congress and the States — not the President — with the authority to regulate federal elections. Consistent with that allocation of power, Congress is currently debating legislation that would affect many of the changes the President purports to order," Kollar-Kotelly, a Clinton-appointee, wrote in her order. "No statutory delegation of authority to the Executive Branch permits the President to short-circuit Congress's deliberative process by executive order." Meanwhile, 25 states, including Texas, are considering some form of proof-of-citizenship legislation, according to the Voting Rights Lab, which is tracking such legislation. In total, 15 state constitutions have explicit prohibitions against non-citizen voting.
Yahoo
24-05-2025
- Politics
- Yahoo
Overriding a Texas governor's veto can be impossible. Lawmakers are trying to change that.
The last time the Legislature overrode a governor's veto on a bill was in 1979, when William Clements was governor. It's not that members don't want to exercise their legislative authority — meant to be equal to the executive branch. It's that in almost every case, they can't. Lawmakers can override the governor's vetoes only during the session in which the bills are rejected, according to experts' interpretation of the law. But typically, governors veto bills after sine die – the last day of session. In 2023, Gov. Greg Abbott vetoed a nearly record-breaking 76 bills and one budget item— widely seen as his way to punish members for failing to pass his priority bills. Just two bills were vetoed during the session, in the window that lawmakers could have voted to override them. Now, some lawmakers want to change that process. A proposal by Sen. Brian Birdwell would amend the Texas Constitution to allow legislators to briefly meet after the regular session ends to reconsider bills that passed by more than two-thirds of members. The Republican from Granbury said at a March state affairs committee hearing that his resolution was not in response to Abbott's vetoes, noting that he submitted the same bill prior to the end of last session. But he did highlight the high number of bills that passed last session with more than two-thirds support in each chamber. According to an analysis by the Texas Tribune, 71 of the 76 bills that Abbott vetoed passed through both chambers with a veto-proof majority, or more than two-thirds support. 'My intent here is to restore the checks and balances of Texas government, and legislation that was passed by an overwhelming majority such as two-thirds reflects the importance of that issue to the constituents of the state,' Birdwell said. He acknowledged at the hearing that lawmakers may not want to return to the Capitol after the session ends, but that his proposal could also boost legislative efficiency by preventing the Legislature from bringing up the same bills again the next session. The infrequent overrides aren't too surprising, given that both legislative branches and the governor's office in Texas have all been led by Republicans since 2003, and are likely to share priorities — or at least refrain from challenging each other publicly. Abbott's vetoes in 2023 made up just over 6% of the 1,246 House and Senate bills passed during the regular session, but were the highest number since 2001, when then-Gov. Rick Perry vetoed 81 bills. Sen. Sarah Eckhardt, a Democrat from Austin, signed on as co-author because she wanted to get the 'right balance' between the executive and legislative branches, she said in an interview with The Texas Tribune. 'The massacre of bills was so broad, and it was all about retribution,' she said, referring to the Legislature's denial of the school voucher bill and and on property taxes. 'The governor didn't even use a fig leaf to disguise that it was about retribution … I don't believe that's what the framers of the Texas constitution intended.' Abbott vetoed 30 of the bills on one day, with a common message in many veto explanations: "At this time, the legislature must concentrate on delivering property tax cuts to Texans," he wrote. Last session's vetoes drew a rare public critique from Lt. Gov. Dan Patrick: 'It's not a very good image to veto bills for no reason other than he didn't get the property tax bill he wants.' If it became law, the practice would align Texas with at least 25 other states that allow veto overrides after the session – either through a reconvening such as the one Birdwell is proposing, or during the next regular session. Because it's a joint resolution, Birdwell's proposal doesn't require the governor's approval — but it will need support from at least a two-thirds majority in each chamber before being put to voters at a general election. The measure passed the Senate unanimously in mid-April, but hasn't been taken up by a House committee, with the end of session less than two weeks away. Time isn't the only challenge. Brandon Rottinghaus, a political science professor at the University of Houston, said he thinks the bill faces an uphill battle despite not needing the governor's approval, because of the pressure Abbott can put on lawmakers. The veto power is one of the clearest ways governors can flex their executive muscle, he said. 'The governor is as powerful as they're able to make themselves, and the extent to which they can leverage the modest powers they have under the Constitution,' he said in an interview. And even if it did pass, lawmakers could face retribution if they did vote to override a veto. Additionally, Rottinghaus said, it's rare to see major structural changes to the way the Texas government works. 'Texas' government is designed to be small government, so any changes from that are usually met with resistance,' he said. 'So even just inertia alone is enough to probably minimize this bill.' Disclosure: University of Houston has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
16-05-2025
- Business
- Yahoo
Texas Senate Bill Would Limit Safety Records in Truck Crash Lawsuits
The Texas Senate just passed a bill, SB 39, that could rewrite the rules for how lawsuits involving commercial truck crashes play out in court. In plain terms? If this bill becomes law, a jury wouldn't hear about a company's prior safety record or driver hiring decisions unless the court had already found the company at fault for the crash in question. Supporters say it's about fairness. Critics say it's about hiding the skeletons in the closet – the repeat violations, the failed maintenance and the 'look-the-other-way' hiring that too often sits at the heart of deadly wrecks. This isn't happening in a vacuum. This happens when we seem to have more commercial crashes than ever. It's the headline every single day. Eden, North Carolina – Authorities say a city dump truck driver without a CDL ran a stop sign and killed four utility workers. The driver never should've been behind the wheel of any commercial truck, let alone one operated by the city. East Ridge, Tennessee – A fiery I-75 crash took multiple lives. Alabama – Authorities say a truck driver ran a red light, leaving two more dead. Alabama – A commercial truck driver is charged with murder after authorities say he caused eight crashes over 28 miles during rush-hour traffic on Interstate 65 South. Investigators say he admitted to drinking an 'unknown amount of tequila' before the crashes. These aren't outliers. This is a systemic issue, but that's why we do what we do for those who have gone into compliance and safety. At Trucksafe, we ensure that fleets understand their risk profile, liability, risk, and moral and ethical obligation to operate safely and build defensible programs. The debate now is whether SB 39 brings more fairness or fog to the courtroom. Fleets have the ability and resources to effectively manage their drivers, potential applicants and safety programs. They're just not doing it, and the Federal Motor Carrier Safety Administration has limited resources to ensure they're doing it. SB 39, introduced by Sen. Brian Birdwell, would block certain kinds of evidence, like past safety violations, maintenance lapses or bad hiring practices, from being presented in the first phase of a lawsuit unless fault is already established. That means if your driver plows into someone, the jury won't hear about the five other incidents your company had last year until the second half of the trial, if there is one. It builds on a 2021 law that already split trucking lawsuits into two phases. Now they want to go further. Supporters, like Texans for Lawsuit Reform and the Texas Trucking Association, say it's about keeping trials focused on the facts of the crash, not a company's past. They argue it's too easy to sway jurors with unrelated 'bad acts' and inflate awards using emotion over evidence. Opponents, from trial attorneys to law enforcement and grieving families, say this is a gift to bad actors. If a company has a pattern of hiring unqualified drivers or ignoring maintenance? That's exactly what a jury should hear when deciding fault. We do this for individuals who are charged and convicted. After all, when a person is charged criminally in their trial and during sentencing of criminal defendants, there are typically guidelines that review a person's history of illegal activity, how they've been raised, how they've lived their lives, etc. Nuclear verdicts are a real issue. We've seen some eye-popping numbers in recent years in cases that were ignorant and not even the fault of the defendant in either case: $100 million against Werner. $465 million against Wabash (reduced on appeal but still massive). $1 billion against a fleet in Florida. These verdicts are insane, and much of that comes from the Reptile Theory, a legal strategy where lawyers shift the jury's mindset from 'what happened' to 'what could've happened to your family.' It's emotional extortion of juries. It's personal. It's effective. Pair that with third-party litigation financing and hedge funds bankrolling lawsuits for a cut of the payout, and you have the perfect storm: jury rage, deep pockets and a public that's tired of unsafe trucks. So yes, carriers are nervous, and politicians listen to those who write big checks. Take the Eden, North Carolina, crash, for example. A CDL-less city dump truck driver is alleged to have killed four linemen doing their jobs on the side of the road. Now imagine a lawsuit where the jury doesn't hear that the city hired him without making sure he was even licensed, didn't verify his license and didn't have a compliant driver file. That kind of omission is dangerous. These are the details that families rely on to hold fleets accountable. If SB 39 passes and spreads to other states, we could see an increase in cases where truth gets buried in Phase 2, a phase many cases never reach. If fleets want to avoid becoming the next headline or courtroom cautionary tale, it starts with getting ahead of risk before it drives itself into a lawsuit. The tools are already in the toolbox. Systems like Motive for telematics, dashcams and fuel analytics, Tenstreet or Haul for driver recruiting and onboarding, Fleetio and Full Bay for maintenance visibility, and Drivewyze for inspection bypass and violation tracking aren't futuristic options. They're available now. Add in vetting and compliance platforms like Checkr, HireRight, Samba Safety, Driver iQ and even Haul Compliance, and you're not guessing about your risk, you're managing it. Training platforms like Luma Brighter Learning, the Smith System and National Safety Council defensive driving programs can reduce unsafe driving, coach driver fitness, and reinforce good habits from the start. With consultants like TruckSafe helping fleets stay compliant with FMCSA's BASIC categories, from maintenance to controlled substances, hours of service and crash history, the excuses wear thin. We have the right systems, tech and training to build defensible fleets and safe operations. In this legal climate, it's not a question of if you'll be held accountable; it's when. We no doubt need and should be demanding highway litigation reform, but absolving fleets of accountability for historical and everyday behaviors and failures is not the answer. While plaintiffs should be made whole when a commercial crash occurs, there should be limits to the involvement of third-party litigation funding and limits to damages. Being made whole due to someone else's negligence is common sense, but when a $100,000 claim becomes a $400 million lawsuit to fleece carriers and insurance companies, that's where the issue lies. SB 39 has already passed the Senate and is now sitting in the Texas House Judiciary & Civil Jurisprudence Committee. If it passes, it could become a blueprint for legal reforms across the country. The stakes aren't just legal. They're human. If you're running a fleet, this is a wake-up call: Your hiring practices, maintenance records and DQ files matter. And even if a jury doesn't hear about them in Phase 1, the families and attorneys will. If you're a lawmaker reading this? Think twice about how you shield fleets and drivers from accountability. Because at the end of the day, the ones burying their children don't care what phase the trial is in. They just want the truth. They just want to be made whole. We have good and bad drivers and fleets, and we all share the road, so this could be any of us on any given day involved in commercial accident litigation or funeral preparations. The post Texas Senate Bill Would Limit Safety Records in Truck Crash Lawsuits appeared first on FreightWaves.
