The Monitor from McAllen, Texas • 18

4C Thursday, September 16, 1999 THE MONITOR, McAllen, Texas EDUCATION Translator error causing problems for state election officials Proposition 15, which is a proposed constitutional amendment "permitting spouses to agree, to convert separate property to community prdperty." The original translation in Spanish states the amendment permits spouses "to agree to convert separate property to the An urgent notice was issued by the Texas Secretary of State's Office, which certified the ballot in August. The agency plans to correct and recertify the ballot. But counties must pay for election ballot printing with local money. Of the state's 254 counties, more than 100 already had printed their ballots, said Ann McGeehan, deputy assistant secretary of state. "Plenty of counties did (print McGeehan' said Wednesday.

"So it's not good." State officials had no estimate on the cost statewide for reprinting because the issue is decided locally. Bexar County was the largest to have already printed. Webb County, where Laredo is located, also had printed. Dallas, Harris and Travis counties had not yet done sol In Bexar County, which had 400,000 ballots printed, the mistake could cost the county up to $91,000, Bexar County Clerk Gerry Rkkhoff told county commissioners. McGeehan said local election officials can have the ballots reprinted or purchase stickers with the corrected language and affix them to each bal lot But.

she added, the stickers aren't feasible for automated optical ballot scanners. Bexar County Judge Cyndi Krier said the county should look into a third option of having poll workers hand out fliers with the corrected language attached to the ballots. The translator who made the error has lost his contract with the state. The Associated Press SAN ANTONIO A Spanish translation error on the Nov. 2 state election ballot is causing problems for count officials across Texas who must decide whether to pay for reprinting.

The Spanish version of the ballot contained a flawed translation of COURTS Attention ft Cw Ruling upholds death sentence of Argentine man Vro GRANDE VALHEY 1. 6 September 18th 19th, 1999 McAllen Civic Center McAllen, Texas Saturday 10-6 Sunday 11-5 former police officer and mother of three young children. John Richard Baltazar, convicted in the September 1997 shooting death of 5-year-old Adri-ana Nicole Marines in Corpus Christi. According to court records, she was killed by two shots to her head when Baltazar, seeking to avenge the beating of his mother by rter boyfriend, kicked down the door of a house where the man was known to stay and opened fire. Larry Edgar Estrada, convicted of the February 1 997 murder of Houston convenience store clerk Georges El-Krab during a robbery in which another clerk was shot but lived.

United States, Hairabedian said at the time. In his appeal, Saldano raised questions about use of a statement he made to a jailer while in custody. The court rejected the arguments, saying the statement wasn't the result of "custodial interrogation." Because Saldano spoke Spanish, jailer Martin Alvarado had interpreted for him when he was booked into the jail and given warnings by a magistrate. Three other death sentences also were upheld: Joseph Andrew Pry stash, of Houston, who was convicted of arranging the 1994 murder-for-hire of Farah Fratta, 34, the wife of a repeatedly. The pair then returned to Piano in King's 1986 Ford Mustang, which they abandoned on a highway just a few blocks from the site of the, abduction, according to Piano police, who arrested the men as they were walking back toward the store.

Carlos Hairabedian, a legislator from the province of Cordoba in Argentina, and a reporter from a prominent Argentine newspaper traveled to McKinney to watch the July 1996 trial. The trial sparked an outcry in Argentina because it was the first in recent memory in which an Argentine citizen could be die as punishment for a crime in the Think about many tomes have you heard "Mom, Dad, we're bored, there's nothing to Well, now there is and it's all happening at the Civic Center for two filled days! A special and the The Rio Grande Valley Kids Expo will ufV And as Igijj djgu stop by the ltiK. and let the financial documents from Wiaco Parent mrf you looking for tht latest Information on local 'Pediatricians Hospitals Physicians Orthodontists Day Care Centers Dentists Private Schools Groceries Well) they are all here under one roof, for two days, for your convenience. Also featured will be Toy Companies Children's Clothing Children's FurnitureBedding MatemltyBaby Clothing gaby Furniture Shoe Companies Bicycle Shops Outdoor Playground Equipment Sporting Goods Pet Stores Party Supplies School Supplies Restaurants Fun Parks Children's Books Mutle Stores The Associated Press AUSTIN The Texas Court of Criminal Appeals on Wednesday upheld the death sentence of an Argentine citizen convicted in the abduction and shooting of a man in Piano. The ruling came in the case of Victor Saldano, whpse 1996 conviction outraged many in his native country, where the death penalty is not used.

Saldano, 26, and a second man were accused of abducting Paul Ray King, 46, from the parking lot of a grocery store in the Dallas suburb of Piano, then driving him to nearby Lake Lavon and shooting him TEXAS NOTES Rangers seize The Associated Press WACO The Texas Rangers have seized several boxes of financial documents from Emma L. Harrison Charter School as part of a financial-mismanagement investigation. The seizure warrant included documents stored in the East Waco Community Center and the Heart of proposed amendment would clarify current law by specifically allowing home equity loans on all or part of urban homesteads of up to ten acres and subject such loans to the same requirement that the refinanced or new loan not overburden the homestead. The proposed amendment will appear on the ballot as follows: "The constitutional amendment increasing the maximum size of an urban homestead to 10 acres, prescribing permissible uses of urban homesteads, and preventing the overburdening of a homestead." PROPOSITION NO. 7 ON THE BALLOT HJR 16 HJR 16 proposes a constitutional amendment that would provide that if an employee is delinquent in paying court-ordered spousal maintenance, a portion of that employee's Wages may be withheld to pay the spousal maintenance.

Current law alTows such withholding, or garnishment, only for payment of delinquent court-ordered child support. The proposed amendment will appear on the ballot as follows: "The constitutional amend-, ment authorizing garnishment of wages for the enforcement of court-ordered spousal maintenance." PROPOSITION NO. 8 ON THE BALLOT HJR 95 HJR 95 proposes a constitutional amendment that would provide that the adjutant general, who is appointed by the Governor and who serves as the governing officer of the state military forces, serves as long as the Governor wishes the appointed person to serve in that capacity rather than serving a specific two-year term set by the legislature. The proposed amendment will appear on the ballot as follows: "The constitutional amendment to provide that the adjutant general serves at the pleasure of the governor." PROPOSITION NO. 9 ON THE BALLOT SJR 10 SJR 1Q proposes a constitutional amendment that would authorize the legisla- ture to create a judicial compensation committee to make recommendations for salaries for the justices and judges of the Supreme Court, the Court of Criminal Appeals, the Courts of Appeals, and the District Courts.

The amendment would mandate that the recommendations become law if neither the Senate nor the House of Representatives rejects them by majority vote. The proposed amendment will appear on the ballot as follows: 'The constitutional amendment authorizing the legislature to create a judicial compensation commission." PROPOSITION NO. 10 ON THE BALLOT HJR'74 HJR 74 proposes a constitutional -amendment that would provide that the com- missioner of health and human services, who is appointed by the Governor, serves as long as the Governor wishes the. appointed per-son to serve in that capacity rather than serv- ing a specific two-year term set by the legislature. The proposed amendment will appear on the ballot as follows: "The constitutional amendment to provide that the commissioner of health and human services serves at the pleasure of the PROPOSITION NO.

11 ON THE BALLOT HJR 69 HJR 69 proposes a constitutional amendment that would authorize a county, city, town, or other political subdivision to of 'r a event for kids whole family! have favorite kid characters strolling the aisles. a special iCTt Catfish Tank kids enjoy some fishing! ffiSiJ please call (956) 682-4840 for reservations. amendment that would simplify and clarify the language of the Texas Constitution. The amendment would make no substantive changes, but would eliminate duplicative, expired, out-of-date, and ineffective terms. The proposed amendment will appear on the ballot as follows: "The constitutional amendment to eliminate duplicative, executed, obsolete, archaic, and ineffective provisions of the Texas Constitution." PROPOSITION NO.

4 ON THE BALLOT HJR 4 HJR 4 proposes a constitutional amendment that would broaden the definition of charitable organizations. The amendment would exempt from ad valorem taxation the property of any organization engaged primarily in public charitable functions, and it would allow such an organization to con-" duct additional activities to support its charitable functions. The proposed amendment will appear on the ballot as follows: "The constitutional amendment to authorize the legislature to exempt property owned by institutions engaged primarily in public charitable functions from ad valorem taxation' PROPOSITION NO. 5 ON THE BALLOT SJR 26 SJR 26 proposes an amendment that would remove the restriction prohibiting state employees who receive all or part of their compensation from the state from serving as members of a governing body of a school district, city, town, or other local govemmen- tal district unless the state employee receives no salary for such service: The amendment would allow state employees to receive compensation from the governing bodies of which they are members. The proposed amendment will appear on the ballot as follows; "The constitutional amendment allowing state employees to receive compensation for serving as a member of a governing body of a school district, city, town, or other local governmental district." PROPOSITION NO.

6 ON THE BALLOT SJR 22 SJR 22 proposes a constitutional amendment that would increase the maximum size of an urban homestead, which is a homestead in a city, town, or village, from one acre to ten acres and require the urban homestead to be composed of either a single lot or several lots that are adjacent to one another. The amendment also would provide that the urban homestead must be used as a home or as both a home and place of busi-ness, whereas current law does not require that an urban homestead that is used as a place ofbusinessbeusedalsoasahome. Current law further allows a person to secure a home equity loan on their homestead, provided that the loan does not overburden the homestead. That is, the principal amount of the home equity loan, when added to the total of the outstanding principal balances of all other indebtedness secured against the homestead, does not exceed 80 percent of the fair market value of the homestead on the date the extension of credit is made. The charter school A'Drana Gooden, a community center board member.

"They won't tell us what they took. We don't know." A Waco Tribune-Herald review of documents this spring found ajt least two Harrison checks signed by former school administrator Ida Pinkard that appeared to be'reint-' bursing a bingo account. The community center will fight the revocation of Harrison's charter, Gooden said. Meanwhile, the school will continue to operate, she said. Crack house killer gets death penalty HOUSTON A 20-year-old man who killed two people and paralyzed a third during a Dec.

15 rampage at a crack house has been sentenced to death by a Fort Bend County jury, Jurors took about three hours to decide that Milton Mathis, a Houston man with a criminal history, poses a continuing threat to society and should be executed by lethal injection. They returned their verdict about 10' p.m. Monday in state District Judge Brady G. Elliott's courtroom. "It was absolutely proper," Assistant District Attorney Fred Felcman said of the decision.

The jury "found nothing decent about him." Defense attorney Steven Rosen viewed it differently. "It's heartbreaking," Rosen told Houston Chronicle. "There was good in this kid. We afl knew it was coming. Those Jurors were disgusted jvith him.

They had their minds made up, and I'm kind of. upset about that." Mathis was convicted Thursday of shooting and killing Travis Brown III, 24, and Daniel Hibbard, 31, in the home where Brown allegedly sold crack cocaine. The high school dropout also shot Melanie Alma-guer, 15, between the eyes before setting the home ablaze and fleeing in Brown's car, prosecutors said. Almaguer survived but remains paralyzed from the waist down. Despite three eyewitnesses to the slayings and DNA evidence linking blood on his shirt to one of the vie tims, Mathis initially testified that he was not at the scene of the killings.

He later acknowledged the shootings but claimed he feared for his life. Fort Worth man given 2-year sentence for taxes DALLAS A judge sentenced a Fort Worth man to twp years in fed-eral prison for causing three people to file false tax forms by claiming "black tax" exemptions. Willie Foster, a 35-year-old part-time minister who said his great-grandparents were slaves, go' $30,085.89 back from the Internal Revenue Service after' filing for the so-called' "black tax," The IRS rejected the claim, but' Foster never gave the money back. Foster also convinced three other people to file for the credit, which he said was a federally authorized reparation for descendants of slaves freed after the Civil War. No such reparations have been ajithorized.

Foster said he believed what he did was right. "I've still never talked to an IRS agent who told me this is incorrect," he said. J' Texas Black Chamber of Commerce, all housed on the same property, said Ranger Christine Nix, The State Board of Education last week decided.to revoke the community center's contract to operate the school after an audit found severe financial mismanagement and violations of several state and federal laws. The audit, also insinuated funds raised by the chamber through spend public funds or extend credit to purchase nonassessable property or casualty insurance from a mutual insurance company authorized to do business in Texas. Under current law, a political subdivision is gener-ally prohibited from spending public funds or extending credit to become a stockholder in a corporation but is permitted to purchase nonassessable life, health or accident insurance policies from a mutual insurance company authorized to do business in Texas.

This amendment would authorize a political subdivision to alsd obtain non-assessable prop-erty and casualty insurance from such a company. The proposed amendment will appear on the ballot as follows: "The constitutional amendment permitting a political subdivision to purchase nonassessable property and casualty insurance from an authorized mutual insurance company in the same manner that the political subdivision purchases life, health, and accident PROPOSITION NO. 12 ON THE BALLOT SJR 21 SJR 21 proposes a constitutional amendment that would exempt from ad valorem taxation a leased motor vehicle that is not used by the lessee primarily to produce income. The amendment would provide that the legislature also may limit the ability of a political subdivision to subject such a vehicle to taxation. The proposed amendment will appear on the ballot as follows: "The constitutional amendment to authorize the legislature to exempt from ad valorem taxation leased motor ve hicles not held by the lessee primarily to produce income." PROPOSITION NO.

13 ON THE BALLOT SJR 16 SJR 16 proposes a constitutional amendment that would authorize the legislature to allow the Texas Higher Education Coordinating Board to issue and sell general obligation bonds in an amount not to exceed $400 million in order to finance educational loans to students. The amendment also would authorize the Legislature to limit the amount of interest the bonds can bear and establish procedures for the investment of the bond proceeds. The proposed amendment would specify the method of repaying the bonds. The proposed amendment will appear on the ballot as follows: "The constitutional amendment providing for the issuance of $400 million in general obligation bonds to finance educational loans to students." PROPOSITION 14 ON THE BALLOT. Kv HJR 29 HJR 29 proposes a constitutional amendment Which would authorize the Leg-; islature to require the board of regents of the state university and boards Of trtistees or managers of the educational, charitable, and.

penal institutions of the state, whose members serve six year terms, t6 be composed of an odd number of three or more board mem-. bers (for example, 5, 7, or 9 member). The proposed amendment would allow approxi-' mately one-third of members of boards whose membership is not evenly divisible by three to be elected or appointed every two The amendment also would allow the Legislature to set the composition of constitutionally required boards, whqse members serve for a term of six years, to a number divisible by three so that exactly one-third the board members may be elected ot appointed every two years, i The proposed amendment will appear on the ballot as follows: "The constitutional amendment authorizing the legislature to provide that a state board, commission, ot other agency shall be governed by a board composed of an odd number of three or more bingo were mingled with other funds. The five-hour roundup Tuesday also involved investigators from the McLennan County District Attorney's Office and auditors from the State Auditor's Office and the Texas Lottery Commission's Charitable bingo division, Nix said. "They took 15 boxes, and I mean full boxes, of documentation," said PROPOSITION NO.

15 ON THE BALLOT HJR 36 HJR 36 proposes a constitutional amendment that woura allow spouses, by an agreement in writing, to convert all or part of their separate property into community property. Separate property is primarily the property owned or claimed by the spouse before marriage and the property acquired by the spouse during the marriage by or in-; heritance. Community property consists of the property, other than separate property, acquired by either spouse during marriage. The proposed amendment will appear on the ballot as follows: "The constitutional amendment permitting spouses to agre jp convert separate property to community property." PROPOSITION NO. 16 ON THE BALLOT HJR 71 HJR 7 1 proposes a constitutional amendment that would allow a county with a population of 50,000 or more, rather than 30,000 or more, to be divided into four to eight justice of the peace and constable pre-.

cincts. The amendment also would allow a county with a population between 18,000 and 50,000 to have two to eight justice of the peace and constable precincts, rather than the current maximum of five precincts. Furthermore, the amendment would limit Randall County to not less than two and not more than six precincts. Finally, the amendment would set a minimum of four precincts for any, county that as of November 2, 1999, is divided into four or more precincts. The proposed amendment will appear on the ballot as follows: "The constitutional amend- ment to provide that certain counties shall be divided into a specific number of PROPOSITION NO.

17 ONTHEBALLOT HJR 58 HJR 58 proposes a constitutional amendment which would require the board of regents of the University of Texas System to manage investments of the permanent versity fund (PUF) according to the standards of a prudent investor. Generally, earnings from the PUF are distributed to the available university fund (AUF) and then ultimately distributed to the public university systems of Texas. Under the amendment, the amount distributed to the AUF would consist of distributions, as determined by the University of Texas System board of regents, from the total return on all investment assets of the PUF, instead of consisting only of the dividends, interest, and other income of the PUF minus administrative expenses. The amend-: ment also would provide guidelines for minimum and maximum amounts to be distributed to the AUF, and require that the board of regents manage distributions to the AUF in a manner that will provide the AUF with a stable and predictable stream of annual dis-tributions and maintain the purchasing power of the PUF investments and annual distribu-tinns totheAUF. The proposed amendment will appear on the ballot as follows: "The constitutional amendment relating to the investment of the permanent university fund and the distribution from the permanent university fund to the available university fund." Estos son los informes explanatorios sobre las enmiendas propuestas a la contituti6n que aparecerin en la boleta el 2 de noviembre de 1999.

Si usted no ha recibido una copia de los informes in enpaflol, podra obtener una gratis por llama al 18002528683 or por escribir al Secretario de Estado, P.O. Box 12060, Austin, Tx 78711. Published by Secretary of State Ebon Bomer If you are interested Booth Space j. XPipe? PROPOSITION NO. 1 ON THE BALLOT HJR 44 HJR 44 proposes a constitutional 'amendment that, would ensure a clear succession in event of vacancies in the offices ot Governor and Lieutenant Governor.

Spe-, citlcally. the amendment would provide that if after qualifying for the office, the Governor is temporarily unable to serve, the Lieutenant Governor shall act as Governor until the Governor is able to serve; but if the Governor is permanently unable to serve, the Lieutenant Governor shall become the Governor for the remainder Of the unexpired term. 'The- amendment would require a Lieutenant Governor who becomes Governor to forfeit the office of Lieutenant Governor. The ould also provide similar succession procedures when a vacancy occurs in the office of Governor before the newly elected Governor qualifies for office, and when the newly elected Governor is temporarily unable to take office. The amendment also would provide that if there is a tempo? rary vacancy in the office of Lieutenant Governor, the President pro tempore of the Sen- ate will fill the position; but if there is a per-lnanent vacancy in the office of Lieutenant'' Governor, the President pro tempore of the Senate shall serve as Lieutenant Governor only until such time as the whole senate can convene to elect one of its members to perform the duties of Lieutenant Governor.

Fi- nally, the amendment would provide that if the Lieutenant Governor, while temporarily exercising the powers of the Governor, be- comes temporarily disabled or unable to the President pro tempore of the sen-ile shall exercise the powers and authority ot the office of the Governor until such time the Gov ernor or Lieutenant Governor re-assumes those powers and duties. The proposed amendmentwill appear on the ballot as follows: "The constitutional amend-mem to revise the provisions for the filling of a vacancy in the office of governor or lieutenant governor." PROPOSITION NO. 2 ON THE BALLOT SIR 12 SJR 12 proposes a constitutional amendment that would resolve conflicts be- tween the Texas Constitution and federal law relating to the definition, rules, and procedures ol reverse mortgages. The amendment would define "reverse mortgage" in part as extension of credit made against the home- stead of a person who is 62 years or older, or whose spouse is 62 years or older. It would expand the list of circumstances under which payment of principal and interest become due and the procedures involved in foreclosure, and would require certain advances to be made according to specific terms in loan documents, including advances by the lender, on behalf of the borrower for payments necessary to protect the lender's interest.

Finally, the amendment would require the Texas Supreme Court to promulgate rules of civil procedure expediting court-ordered foreclosures of reverse mortgage liens. The proposed amendment will appear on the ballot as follows: "The constitutional amendment relating to the making of advances under a reverse rhortgage and payment of a reverse mortgage," PROPOSITION NO. 3 ON THE BALLOT HJR 62 HJR 62 proposes a constitutional 17.