Texas legislature is in session

by david on March 29, 2011

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You are not safe, the Texas Legislature is in session

The Texas Legislature meets only every two years, but with the egos of all the combined Texas Representatives and Senators in Austin and with many of them “knowing” exactly what is good for the rest of us, you should be warned that you are not safe.

I apologize in advance for my frank discussion of this issue.  After the battles I’ve been through in my years as a country editor, I have little patience for this kind of proposed legislation and the so called representatives who come up with this crap.  I’m sure most of them are otherwise good people and upstanding members of their community.  I’m just glad they don’t live in Real Texas or represent us….we wouldn’t put up with it very long.

Every session there are always some really stupid pieces of legislation introduced and through the years, those of us who semi-watch what our legislators do, get really ticked sometimes.

They are wasting our time and money when there are actually important things to get done, especially this session.

For instance, this year there is Senator Tommy Wilson (R) The Woodlands who has introduced SB 1700 which will be heard in the Transportation Committee March 30, 2011.  This bill would establish police or law enforcement check points to stop all motorists and check for proof of insurance.  Now there aren’t many more pro law enforcement types than us living out here in Real Texas. About the only thing that riles us up more than having to stop and prove to some kid with a badge and a gun that we are not breaking the law is to prove that we are not abusing our dog.

How asinine is this piece of legislation?   Has this Senator ever heard of the Constitution?  Why would I have to prove that I am innocent or why would I have to produce ‘papers’ to a law enforcement officer without any ‘probable cause’ or reasonable suspicion that I am committing a crime?

Here is a story that illustrates my point:  I had a friend pull up behind me one evening and tell me that one of my tail lights was burned out.   He asked me if I knew the correct definition of a burned out tail light.  I said no, and he informed me the correct definition of a burned out tail light was “probable cause.”  My friend knew that I occasionally had an open container in my pickup back in those days and he didn’t want me getting stopped for ‘probable cause.’  His wife was the local JP.  Point being is that I know what ‘reasonable suspicion’ and ‘probable cause’ is and this legislation does not meet the standard.

Here is a major issue:  A burned out tail light is probable cause.  Driving down a highway is NOT  ‘probable cause’.

Seems it’s just one dern thing after another these days.  When court after court finds that the idea of making someone buy a product (health care) that they do not want is unconstitutional, I find this little piece of legislation very smelly.  Most of us common folks are just very fed up with this sort of thing.  This bill forces us to prove we are not guilty of something and forces you to prove your innocence.  What is next?  Will I have to prove this laptop in the pickup is mine?  Or that I didn’t steal the bag of chicken scratch in the back.

I can just hear a conversation between an old Real Texan and a young officer who stopped him.

Old Texan:  Why did you stop me?

Young officer:  This is a checkpoint to see if you have your proper papers.

Old Texan:  A checkpoint?  Proper papers? The hell you say!

Young Officer:  Yes sir! this is a checkpoint to see if you are guilty of not having insurance as required by law.

Old Texan:  Young man, tell your Sergeant to tell his Captain, to tell the Major, to tell the dumbass who proposed this law to go straight to hell.  I ain’t showing you or anybody else no papers of any kind except maybe a driver’s license.  This is MY highway and I’ve been driving it longer than you are old.  And he would drive away shaking his head back and forth and cussing everyone involved with a bill such as this from the governor on down.

This bill is a direct violation of the 4th amendment.  I would bet that most veteran law enforcement officers cringe when they see crap legislation like this proposed.  If Senator Williams wanted to increase fines for driving without insurance that would be wonderful and Real Texans all over the state could support that and other measures that would enhance having the law followed. But don’t you dare make us prove our innocence in advance without proof we have done anything wrong.  Have you lost your mind?

Stupid.  Stupid.  Stupid.

The 4th Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

I am embarrassed for his fellow republicans who often try to untangle us from useless regulations and laws that trample our rights.

Senator Williams, get a life.  We no longer want, or will tolerate politicians from any party who act like cockroaches and just get into our lives and mess everything up.  Why not propose legislation that helps veterans or lowers taxes instead of just making us all madder than we are?  Regulations and useless laws are strangling us and when you add one that is so blatantly unconstitutional, well, just refer to the three words above and you will get my meaning.

I’m David Werst out in Real Texas

Yes, I have insurance.

I’m getting a “Don’t Tread on Me” T-shirt

 

{ 8 comments… read them below or add one }

Billy JackNo Gravatar March 30, 2011 at 8:06 am

The Texas legislature meets every two years for 140 days. It needs to be for two days every 140 years!!

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WarthogNo Gravatar March 30, 2011 at 10:19 am

Don’t be so hard on them. Texas legislators are geniuses compared to what we have in D. C.

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Evelyn AmmonsNo Gravatar March 30, 2011 at 10:29 am

a very good point, David.

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Irvin BrunkenhoeferNo Gravatar March 30, 2011 at 10:53 am

I’m surprised at your comments. I think it would be a very small inconvenience if it gets the uninsured drivers (many are illegals) off the road. Maybe we could do away with the uninsured motorist we pay for with our insurance! Dallas has a law that impounds uninsured cars, and they can’t get their car back without paying a $350 fee and provide proof of insurance. Good way to find out legally if they are also illegal immigrants!!!

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andy bowenNo Gravatar March 30, 2011 at 11:13 am

HAVING LIVED IN AND AROUND AUSTIN FOR MANY YEARS, I HAVE NOTICED THAT ANY REFERENCE TO PARTY SHOULD BE PREFACED BY COCKTAIL. THAT IS THE PROPER DESIGNATION FOR ANY LEGISLATIVE GROUP IN AUSTIN.. ALSO, HAVE YOU NOTICED THAT ALTHOUGH THE LEGISLATURE ONLY MEETS EVERY 2 YEARS, THE LEGISLATORS NEVER LEAVE THIS TOWN…

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Lu WorshamNo Gravatar March 30, 2011 at 11:19 pm

Does the same constitutional provision apply for DWI and seatbelt check points…..some states still do them I’m told.
How ’bout the border patrol check points south of Alpine and the one near Van Horn that nabbed pore ole Willie. Is there some probable cause that I’m not a citizen? Just sayin’…..

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Law West of the GuadalupeNo Gravatar March 31, 2011 at 12:04 pm

Can anyone say “Nazi”. Amen, David!!!

I’ve already got my “Don’t Tread on Me” bumper sticker. And, yes, I have insurance too.

Reminds me of the ol’ story about the politician and the rancher. It seems that on a hunting trip the politician shot a really nice 12-point buck. Well, the ol’ buck jumped the fence into the rancher’s property. The “pol” was climbing across the fence when the ol’ rancher stopped him with a short-barell side by side 12-guage loaded with 00-buck and “splained” to him that this was his property and the “pol” might get shot if he trespasses. The “pol” tried to bribe him, tried to threaten him, but the ol’ rancher stood fast. Finally the rancher said “Let’s just settle this the way we do out in Real Texas”. The “pol” asked how that worked and the rancher explained that he would dare the “pol” to do something and if he didn’t do it then the rancher would win and get to keep the buck. If he did do it, then it would be the “pol’s” turn to dare the rancher to do something. The “pol” will do almost anything at this point to get off the fence and he wants his buck too, so he agrees. The rancher reaches over and picks up a cow patty, hands it to the “pol” and says “I dare you to eat this cow manure, and swaller it too.” The “pol” reluctantly complies and then he says “Now, it’s my turn. You take a bite and you swallow”. The rancher pauses and says, “Naw, you win. You can have your buck.”

The Real Texas Rancher reasoning: “Politicians have been feeding us crap for years, so turnabout’s fair play.”

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davidNo Gravatar March 31, 2011 at 6:12 pm

A conservative with a good sense of humor! Doesn’t get any better than that.

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