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ZAPATA COUNTY INDEPENDENT SCHOOL DISTRICT
OIL PRICES PLUNGE
Hein’s positive work
Tax credits raise concerns
District in no rush for new superintendent By JUDITH RAYO
Nuques. Hein served as a consultant for the district and as a high school principal for eight years. Ricardo Ramirez, ZCISD board president, said trustees are happy with Hein on board. “Coach Hein is doing such a good job that right now we are not pushing toward to open up a search,” he said.
LAREDO MORNING TIMES
The Zapata County Independent School District board of trustees is in no rush to find a permanent superintendent to lead the district. In August, ZCISD trustees appointed Robert Hein as acting superintendent after they accepted the resignation of Raul
HEIN
He said trustees would begin a search for a permanent superintendent once Hein makes a decision about his future. Another trustee who seems to be happy with Hein on board is Jose Flores. “Mr. Hein is well known in the community and has made a very positive difference in the schools,” he said.
When asked if Hein would be considered as a candidate for a permanent superintendent, trustees said there would have to be some discussion about it. “It hasn’t been talked about,” Ramirez said. Flores, however, said Hein is there to hold down the fort.
try. Last week, Gov. Greg Abbott announced that he’d be keeping National Guard troops on the state’s border with Mexico instead of sending them home as planned, the result of a spike in illegal crossings by minor children in the Rio Grande
See APPREHENSIONS PAGE 11A
See OIL PAGE 11A
See ZCISD PAGE 11A
APPREHENSIONS DIP
Photo by Julian Aguilar | The Texas Tribune
U.S. Border Patrol agents patrolling in the Rio Grande Valley.
Homeland Security reports a 35 percent drop in 2015 THE TEXAS TRIBUNE
The number of people apprehended by immigration agents while trying to enter Texas illegally dropped by more than 35 percent during the federal government’s 2015 fiscal year, according to Department of Homeland Security statistics released Tues-
day. U.S. Customs and Border Protection agents stopped some 210,470 people in Texas between October 2014 and September 2015, compared to 332,457the previous year. On the entire southwestern border, 331,335 people were apprehended in the 2015 fiscal year, compared to 479,371 the year before.
Homeland security leaders attribute the dip to lower numbers of wouldbe illegal crossers and a ramped up border security effort that has nearly doubled the number of agents on the southwestern border since 2001.The number of Mexican nationals apprehended decreased by 18 percent, they said; apprehensions of people from
countries other than Mexico — mainly Central Americans— decreased by more than 65 percent. The new data is not likely to allay the concerns of GOP state leaders, who argue the Obama administration is failing in its duty to secure the border and remove undocumented criminals already present in the coun-
By JIM MALEWITZ THE TEXAS TRIBUNE
In these days of plummeting oil prices, petroleum companies look to protect their bottom lines most any way they can — by scaling back production, laying off workers or using technology to drill more efficiently and cheaply, for instance. Producers in Texas can pursue another option: start calling their oil wells gas wells. Reclassification — the legal term for it —doesn’t happen with the wave of a magic wand. Regulators at the Texas Railroad Commission have to sign off on it.By shifting oil wells to gas wells, producers can often claim a generous state tax credit targeting “high cost” natural gas. Meant to spur more drilling, the policy can shave several percentage points off the state’s 7.5 percent severance tax on natural gas production. The tax credit is good for 10 years, or until the credits total half the cost to drill and complete a well. But a surge in oil-to-gas reclassifications may put taxpayers on the hook for hundreds of millions of dollars in incentives for oil wells drilled during boom times, including reimbursement for taxes paid years ago. Now, key lawmakers say the natural gas credit — considered a giveaway by some, an essential economic tool by others — deserves a new round of scrutiny. “I am very familiar with the high-cost gas exemption and its original purpose," Senate Finance Chairwoman Jane Nelson, R-Flower Mound, told The Texas Tribune in a statement. “This is a concerning trend that warrants review." House Appropriations Chairman John Otto, RDayton, and House Energy Chairman Drew Darby also say parts of the policy could use a fresh look after the measure shaved more than $8 billion off operators’ tax bills from 2008 through 2014,
TEXAS-MEXICO BORDER
By JULIÁN AGUILAR
Surge in oil-to-gas may be costly
PLANNED PARENTHOOD
Texas drops HIV prevention program By ALEXA URA THE TEXAS TRIBUNE
Amid an ongoing battle over Planned Parenthood’s participation in the state Medicaid program, Texas health officials are cutting off funding to a Planned Parenthood affiliate for an HIV prevention program. In a notice received by Planned Parenthood Gulf Coast late Monday, an official with the Department of State Health Services informed the Houstonbased provider that it
would not renew its contract for HIV prevention services. The long-standing grant, which funds HIV testing and prevention services, was set to expire on Dec. 31, according to the notice which was obtained by the Texas Tribune. “There will be no further renewals of this contract,” a DSHS official wrote in the notice to Planned Parenthood. The contract is federally funded through the Centers for Disease Control
and Prevention but managed by the state. A spokeswoman for the CDC said she was unaware of the state’s notice and did not immediately provide comment. By ending Planned Parenthood’s contract, the state is cutting off almost $600,000 in annual funding, which the health care provider used for HIV testing and counseling, condom distribution and referral consultations. Through the grant, which Planned Parenthood
Gulf Coast has received since 1988, the organization served individuals with HIV in five counties in the Houston area. Since 2014, the grant has funded more than 138,000 HIV tests and helped in identifying 1,182 people with HIV, according to Planned Parenthood Gulf Coast.No other Planned Parenthood affiliate is currently a recipient of the grant. “I don’t know who else is going to fill that gap, and I don’t know if anyone can frankly,” said Rochelle
Tafolla, a spokeswoman for Planned Parenthood Gulf Coast. “Every time the state cuts these programs in an attempt to score political points…the true victims here are tens of thousands of women and men who no longer have access to health care that they need.” It’s unclear whether the state will reallocate the funds to a different provider in the area. A health department spokesman on Tuesday said the state was “working with local health
departments in the area to continue to provide these services.” The state’s move to end the HIV prevention funding is the latest in its ongoing efforts to cut off taxpayer funding to Planned Parenthood.It comes two months after Texas Republican leaders announced they would kick Planned Parenthood out of Medicaid, the joint federal-state insurer of the poor. That action was spurred
See PROGRAM PAGE 11A
PAGE 2A
Zin brief CALENDAR
WEDNESDAY, DECEMBER 23, 2015
AROUND TEXAS
TODAY IN HISTORY
MONDAY, DECEMBER 28
ASSOCIATED PRESS
Knitting Club at the LBV-Inner City Branch Library, 202 W. Plum, from 1 p.m. to 2:30 p.m. Learn how to knit scarves, crochet hats and much more. Knit at your own pace. Instruction is available and supplies are limited. Call John at 795-2400 x2521 for more information.
Today is Wednesday, Dec. 23, the 357th day of 2015. There are eight days left in the year. Today’s Highlight in History: On Dec. 23, 1823, the poem “Account of a Visit from St. Nicholas” was published anonymously in the Troy (New York) Sentinel; the verse, more popularly known as “‘Twas the Night Before Christmas,” was later attributed to Clement C. Moore. On this date: In 1933, President Franklin D. Roosevelt restored the civil rights of about 1,500 people who’d been jailed for opposing the (First) World War. In 1941, during World War II, American forces on Wake Island surrendered to the Japanese. In 1948, former Japanese premier Hideki Tojo and six other Japanese war leaders were executed in Tokyo. In 1954, the first successful human kidney transplant took place at the Peter Bent Brigham Hospital in Boston as a surgical team removed a kidney from 23-year-old Ronald Herrick and implanted it in Herrick’s twin brother, Richard. In 1968, 82 crew members of the U.S. intelligence ship Pueblo were released by North Korea, 11 months after they had been captured. In 1975, Richard S. Welch, the Central Intelligence Agency station chief in Athens, was shot and killed outside his home by the militant group November 17. In 1986, the experimental airplane Voyager, piloted by Dick Rutan and Jeana Yeager, completed the first non-stop, non-refueled round-the-world flight as it returned safely to Edwards Air Force Base in California. In 1995, a fire in Dabwali, India, killed 446 people, more than half of them children, during a year-end party being held near the children’s school. Ten years ago: Chad declared itself in a “state of belligerence” with Sudan, accusing its neighbor of aggression. Five years ago: Mail bombs blamed on anarchists exploded at the Swiss and Chilean embassies in Rome, seriously wounding two people. One year ago: The movie “The Interview” was put back into theaters when Sony Pictures Entertainment announced a limited release of the comedy that had provoked an international incident with North Korea and outrage over its canceled showing. Today’s Birthdays: Actor Ronnie Schell is 84. Emperor Akihito of Japan is 82. Pro and College Football Hall of Famer Paul Hornung is 80. Actor Frederic Forrest is 79. Actor James Stacy is 79. Rock musician Jorma Kaukonen is 75. Rock musician Ron Bushy is 74. Actor-comedian Harry Shearer is 72. U.S. Army Gen. Wesley K. Clark (ret.) is 71. Actress Susan Lucci is 69. Singer-musician Adrian Belew is 66. Rock musician Dave Murray (Iron Maiden) is 59. Actress Joan Severance is 57. Singer Terry Weeks is 52. Rock singer Eddie Vedder (Pearl Jam) is 51. The former first lady of France, Carla Bruni-Sarkozy, is 48. Thought for Today: “Oh, for the good old days when people would stop Christmas shopping when they ran out of money.” — Author unknown.
TUESDAY, DECEMBER 29 Computer Basics class at the Laredo Public Library, 1120 E. Calton Rd., from 3 p.m. to 4 p.m. in Classroom B on the second floor. Classes are free. Seating is limited and first come first served. No registration required. Call 795-2400 x2242 for more information.
THURSDAY, DECEMBER 31 Epoca de Oro Social Club New Years Eve Scholarship Dance from 9 p.m. to 1 a.m., at Salon Chapa on 6904 West Drive.
SATURDAY, JANUARY 2 Laredo Northside Market from 9 a.m. – 1 p.m. at North Central Park.
MONDAY, JANUARY 4 Chess Club at the LBV-Inner City Branch Library, 202 W. Plum, from 4 p.m. to 6 p.m. Free for all ages and all skill levels. Basic instruction is offered. Call John at 795-2400 x2521 for more information. Knitting Club at the LBV-Inner City Branch Library, 202 W. Plum, from 1 p.m. to 2:30 p.m. Learn how to knit scarves, crochet hats and much more. Knit at your own pace. Instruction is available and supplies are limited. Call John at 795-2400 x2521 for more information.
TUESDAY, JANUARY 5 Computer Basics class at the Laredo Public Library, 1120 E. Calton Rd., from 3 p.m. to 4 p.m. in Classroom B on the second floor. Classes are free. Seating is limited and first come first served. No registration required. Call 795-2400 x2242 for more information. Rock wall climbing at LBV Inner City Branch Library, 202 W. Plum St., from 3:30 – 5:30 p.m. For more information, call 956-795-2400 x2520.
MONDAY, JANUARY 11 Chess Club at the LBV-Inner City Branch Library, 202 W. Plum, from 4 p.m. to 6 p.m. Free for all ages and all skill levels. Basic instruction is offered. Call John at 795-2400 x2521 for more information. Knitting Club at the LBV-Inner City Branch Library, 202 W. Plum, from 1 p.m. to 2:30 p.m. Learn how to knit scarves, crochet hats and much more. Knit at your own pace. Instruction is available and supplies are limited. Call John at 795-2400 x2521 for more information.
TUESDAY, JANUARY 12 Computer Basics class at the Laredo Public Library, 1120 E. Calton Rd., from 3 p.m. to 4 p.m. in Classroom B on the second floor. Classes are free. Seating is limited and first come first served. No registration required. Call 795-2400 x2242 for more information. Rock wall climbing at LBV Inner City Branch Library, 202 W. Plum St., from 3:30 – 5:30 p.m. For more information, call 956-795-2400 x2520.
Photo by Gabe Hernandez/Corpus Christi Caller-Times | AP
Dr. William Sager of the University of Houston explains his research of the world’s largest single volcano, TAMU Massif, which is 6,500 feet beneath the surface of the Pacific Ocean, to staff members of the Texas State Aquarium.
Large volcano mission By DAYNA WORCHEL CORPUS CHRISTI CALLER-TIMES
CORPUS CHRISTI, Texas — On one side of the world in the middle of the Pacific Ocean, underneath 6,500 feet of water, sits a mountain range the size of California that contains the biggest known volcano on Earth. On the other side of the globe, 4,000 teachers and students in 103 classes across eight states in the United States wanted to learn more about this intriguing geological formation. And on a mission to connect the two were Suraida Nalhandez-James, the Texas State Aquarium’s manager of distance learning and outreach and William Sager, the Texas State Aquarium’s first Science Technology Engineering and Mathematics Professional in Residence. The Corpus Christi Caller-Times reports
Oracle to build major Austin campus AUSTIN, Texas — Software giant Oracle Corp. plans to build a new corporate campus in Austin, the company said Tuesday. The company confirmed to the Austin American-Statesman plans to build the new campus, which will be on 27 acres overlooking Lady Bird Lake. The company said that with the new campus, Oracle plans to grow its Austin workforce by 50 percent over the next few years. The move expands the presence of another rapidly growing California-based technology giant in Central Texas. Companies including Apple Inc., Google and Facebook are a ramping up their workforces in the area. Jobs at the new campus will be primarily sales-oriented, including direct selling, lead qualification, prospecting and technical support. “Austin was a natural choice for Oracle to invest and grow,” said Scott Armour.
the two, along with a team of other scientists and researchers, set sail on a 300-foot vessel called the Falkor on Oct. 5 from Hawaii to study and map the long-dormant volcano called TAMU Massif, which is about equal in size to the state of New Mexico, Sager said. The mountain range where it’s located is known as the Shatsky Rise. Their 36-day journey ended in Guam on Nov. 10. Sager, a University of Houston geophysics professor who holds a doctorate in marine geophysics, said the purpose of the trip was to better understand how the volcanoes are formed. Once Sager and the crew arrived at their destination, the used an instrument called a magnetometer to collect magnetic and topographic data about TAMU Massif.
Dallas home health Whale stranded in surf off company accused of fraud Galveston dies DALLAS — Two owners of a Dallas home health care company and two other nurses have been charged in a $13 million Medicare fraud scheme. The Department of Justice on Tuesday announced the indictment related to alleged false claims submitted since 2007. Prosecutors say Patience Okoroji, who’s a licensed vocational nurse, and registered nurse Usani Ewah own Timely Home Health Services Inc. Kingsley Nwanguma is a licensed vocational nurse. Joy Ogwuebgu is a registered nurse. An indictment unsealed Monday charges all four with conspiracy to commit health care fraud and health care fraud. Prosecutors say the scam involved hiring recruiters to find beneficiaries for home health services, whether they were ill or not. Online court records don’t list attorneys for the defendants.
GALVESTON, Texas — Marine experts say a 40-foot whale that was stranded in the surf off Galveston has died. Officials with the Texas Marine Mammal Stranding Network spent several hours Tuesday monitoring the whale, as it thrashed in the water, but it died. Network spokeswoman Heidi Whitehead says the whale apparently was very ill to get that close to shore before dying. Officials had no immediate information on the species or how long the whale was in the surf before being discovered Tuesday morning, about 30 yards from shore. Dozens of people had gathered on the beach watching efforts to try to save the struggling whale. Two tractors were being positioned to put straps around the carcass and haul the body to shore. Whitehead says a necropsy would be performed Wednesday. — Compiled from AP reports
WEDNESDAY, JANUARY 13 The Laredo Vet Center (part of the U.S. Department of Veterans Affairs) will be hosting an Open House from 10 a.m. – 2 p.m. at North Town Professional Plaza, Laredo Vet Center, 6999 McPherson Road, Suite 102. This event is meant to inform the community of mental health services available to eligible veterans and their families.
SATURDAY, JANUARY 16 El Centro de Laredo Farmers Market at Jarvis Plaza from 9 a.m. – 1 p.m. Every third Saturday of the month, you can find fresh, locally grown produce as well as all-natural Texas products like olive oil and soap. For more information go to www.laredomainstreet.org
SATURDAY, JANUARY 23 “Leaders: Influencing STEM Futures” educational administration leadership conference at the TAMIU Student Center Ballroom. School administrators, teacher leaders and educational administration students are invited to attend the second annual event.
AROUND THE NATION Governor allows bison to roam outside Yellowstone BILLINGS, Mont. — Wild bison will be allowed to migrate out of Yellowstone National Park and stay in parts of Montana year-round under a Tuesday move by Gov. Steve Bullock that breaks a longstanding impasse in a wildlife conflict that’s dragged on for decades The Democratic governor’s decision likely won’t end the periodic slaughters of some bison that roam outside Yellowstone in search of food at lower elevations. But it for the first time allows hundreds of the animals to linger year-round on an estimated 400 square miles north and west of the park. The move has been eagerly sought by wildlife advocates — and steadfastly opposed by livestock interests. Ranchers around Yellowstone are wary of a disease carried by many bison and the increased competition the
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In this June 19, 2014 file photo, bison graze near a stream in Yellowstone National Park in Wyoming. Wild bison will be able to roam year-round in portions of Montana north and west of Yellowstone National Park, under a move Tuesday. animals pose for limited grazing space. Bullock said in a statement he will continue to pressure the National Park Service to reduce Yellowstone’s population of roughly 5,000 bison. Absent from Tuesday’s announcement was a pop-
ulation target of 3,500 bison that the governor previously proposed as a condition of expanding where bison can roam. Still, the governor expressed confidence that the livestock industry would be protected. — Compiled from AP reports
SUBSCRIPTIONS/DELIVERY (956) 728-2555 The Zapata Times is distributed on Saturdays to 4,000 households in Zapata County. For subscribers of the Laredo Morning Times and for those who buy the Laredo Morning Times at newsstands, the Zapata Times is inserted. The Zapata Times is free. The Zapata Times is published by the Laredo Morning Times, a division of The Hearst Corporation, P.O. Box 2129, Laredo, Texas 78044. Phone (956) 728-2500. The Zapata office is at 1309 N. U.S. Hwy. 83 at 14th Avenue, Suite 2, Zapata, TX 78076. Call (956) 765-5113 or e-mail thezapatatimes.net
State
WEDNESDAY, DECEMBER 23, 2015
3 killed in vehicle crash ASSOCIATED PRESS
TEXARKANA, Ark. — Three people were killed and at least seven others injured in separate chainreaction collisions involving more than a dozen vehicles on an interstate in southwest Arkansas, authorities said. Arkansas State Police said the first wreck happened at about 11:45 p.m. Monday on Interstate 49 near the town of Fouke. A tractor-trailer driving south slowed down and was rear-ended, causing a chain-reaction crash involving 10 vehicles, state police said.
At about the same time, three tractor-trailers collided in the northbound lanes — which are separated from the southbound lanes by a median. State police said one of those trucks was carrying a large amount of glue that has spilled onto the highway. Seven people were injured and taken to hospitals in Texarkana. Several others who suffered minor injuries declined hospital care, authorities said. State police said troopers are investigating whether fog may have contributed to the crashes.
Southbound lanes of the interstate were reopened shortly before 11 a.m. Tuesday and one northbound lane was opened shortly before 1:30 p.m. while crews continued to clean up the other northbound lane. Fouke is about 160 miles southwest of Little Rock and lies close to the Texas and Louisiana state lines. Meanwhile, a multi-vehicle collision Tuesday afternoon involving three tractor-trailer rigs and two cars led to the shutdown of westbound Interstate 30 for several hours near Benton in Saline
County, about 15 miles southwest of Little Rock. A state police spokesman said there were four minor injuries in the chain reaction collision. Saline County authorities initially said four tractor-trailers were involved. Eastbound lanes were closed briefly to allow medical helicopters access to the accident. Highway police handed out tickets to travelers who stopped to take pictures and slowed traffic once eastbound travel reopened. A westbound lane was opened about 4:30 p.m., according to state police.
Galveston welcomes penguin ASSOCIATED PRESS
GALVESTON, Texas — Moody Gardens in Texas has a new arrival thanks to parents Ozzie and Gaga swapping turns atop the egg. The aquarium complex in Galveston on Monday unveiled a southern rockhopper penguin chick. It’s the first time that a southern rockhopper has hatched at Moody Gardens. Spokeswoman Courtney Carr said Tuesday that officials aren’t sure if the chick is a he or a she, pending blood tests. Carr says the chick remains in the nest with its parents, but is on display in the penguin exhibit. The Galveston County Daily News reports biologists over the weekend discovered the newly hatched aquatic bird. The new rockhopper won’t develop its signature yellow crest for months. It takes about a year for a penguin to begin to molt and develop its adult plumage.
Photo by Jennifer Reynolds/The Daily News | AP
This Dec. 21 photo shows a southern rockhopper chick peeking out from underneath its father, Ozzy, at Moody Gardens Aquarium Pyramid in Galveston, Texas. The chick is the first of its species to hatch at the aquarium.
THE ZAPATA TIMES 3A
Mock nativity scene removed ASSOCIATED PRESS
AUSTIN, Texas — Gov. Greg Abbott has succeeded in getting a holiday display featuring some American Founding Fathers and the Bill of Rights in a manger removed from the Texas Capitol. The “winter solstice” display was created by the Freedom From Religion Foundation, which promotes the separation of church and state. It showed Benjamin Franklin, the Statue of Liberty, Thomas Jefferson and George Washington
peering down at the Bill of Rights, and was approved for display by the State Preservation Board. Christmas trees and other holiday decorations are displayed at the Capitol. But the manger scene was removed Tuesday after Abbott called it a “juvenile parody” whose figures represented a “replacement for Jesus Christ.” Abbott recently urged Orange, Texas, to keep a traditional city hall nativity scene amid opponents’ threats of legal challenges.
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Zopinion
WEDNESDAY, DECEMBER 23, 2015
LETTERS TO THE EDITOR SEND YOUR SIGNED LETTER TO EDITORIAL@LMTONLINE.COM
COLUMN
OTHER VIEWS
My time with preacher Fred E. Folk In the rural climes for Freestone County in the late 1940s and 1950s, my first and only church experience for years was The Luna Missionary Baptist Church. Luna was a little crossroads community about eight miles south of Teague. It is in that general area that both the Webb and Thornton (my mother) families grew from the early 1800s into the mid- and late-1900s. Luna MBC, an unpainted frame building (years later it was painted white) with two front doors, met on the first and third Sundays of each month and the average attendance was about 20, if no one was “puny.” Our preacher (that’s the only “title” we knew) was one Fred E. Folk from the county seat of Fairfield. On the second and fourth Sundays, Bro. Fred preached at a similar church near Buffalo. “Every fifth Sunday in a month, I get to rest and go to church with my family,” he said. Often, he stayed in the community for Sunday evening services. He’d go home with whoever invited him and have lunch, and Bro. Freddie might take a nap sometime that afternoon if his host wasn’t offended. Then, they’d feed him supper and it was off to church again. Fred Folk was not a hell fire and brimstone type of preacher. He seldom raised his voice above a normal conversational tone. His basic shyness and his lack of a lot of formal education didn’t smother his fervor and love for the Lord. “I’m just a sinner,” he’d say. Bro. Freddie couldn’t support his family on the meager offerings at the Luna and Buffalo churches. Six days a week, he worked in the meat market of a Fairfield grocery store (we didn’t have supermarkets then, not in rural Texas at least). He and Mrs. Folk raised three children, a son Joe, plus daughters Dorothy and
Freda. Both girls married, became housewives and mothers. Son Joe went to college, became a vocational agriculture teacher, then moved into school administration, ultimately becoming the superintendent of the Kirbyville Independent School District in Jasper County. When he retired, he went into law enforcement as chief deputy to his best friend, longtime county sheriff Aubrey Cole. Upon Cole’s retirement in the middle of a term, Folk was named sheriff. Then, when the term ended, he sought election and won. Public service seemed to fit Joe Folk as he went on and became a Jasper County judge. But, back to Pop — Bro. Folk — and his journey toward balancing his support for his family and his calling into the ministry. A soft-spoken, humble man, he never let his day job interfere with his church. One Sunday he showed up for services with his left arm in a sling and a large bandage on his hand. At work in the grocery’s “butcher shop,” as it was called, the previous day, he severed the third finger at mid-joint. Someone with less spirit, faith and conviction might’ve opted out entirely on that Sabbath. I believe his sermon was merely a little briefer that day and he announced, “We’ll sing a little more today and hold back a little on the sermon.” Fred E. Folk was simply a wonderful man, humble to a fault and a loving, caring person. Willis Webb is a retired community newspaper editor-publisher of more than 50 years experience. He can be reached by email at wwebb1937@att.net.
COMMENTARY
Santa needs to bring us sanity By PETULA DVORAK THE WASHINGTON POST
Santa, baby, just slip a little something useful under America’s Christmas tree. We don’t need hoverboards, Apple watches, drones or the pie face game. Our country needs courage. Reason. Sanity. But we’d settle for sedation. Maybe a Valium in every stocking? Probably not. And if Santa did bring us some meds to soothe our collective rage, pharma bro Martin Shkreli would find a way to price gouge it. There is too little Christmas spirit and too much fear and outright hatred. A Virginia school district totally shut down for a day last week after a geography teacher assigned kids to try their hand at Arabic calligraphy. The top of the work sheet said "practicing cal-
ligraphy." And then, "Here is the shahada, the Islamic statement of faith, written in Arabic. In the space below, try copying it by hand. This should give you an idea of the artistic complexity of calligraphy." The text was religious, though it was never translated for the students. It’s something like the Lord’s Prayer in Christianity. The school was flooded with angry and threatening calls and emails from people worried their children were being indoctrinated in Islam. It received pictures of beheaded bodies and calls for that geography teacher to be fired. Or her head on a stake. A young, rebel country founded on the basis of religious freedom by patriots who faced insurmountable odds and risked life and family under the harshest of conditions is afraid of . . . calligraphy? Santa baby, just slip a little reason under the tree there, will ya?
COLUMN
Communities affect journalism This second batch of Sidney Awards, given for some of the year’s best long-form essays, congregate, coincidentally, around a theme: the excessive individualism of American society, and the ways human beings try to create community for good or ill. The first winner is Sebastian Junger’s piece “How PTSD Became a Problem Far Beyond the Battlefield,” from Vanity Fair. Junger starts by stating the American military has the highest post-traumatic stress disorder rate in its history, and probably the world. But then he notes there is no statistical relationship between suicide and combat. Vets who worked far from the violence are just as likely to commit suicide. Over the decades, combat deaths have dropped while PTSD rates have risen. The Israeli army, which sees a lot of trauma, has a rate as low as 1 percent. Junger concludes, “The problem doesn’t seem to be trauma on the battlefield so much as re-entry into society.” People in military service are surrounded by close comradeship. When they are thrust back into American society they are often isolated. The problem is with our lack of community back home. For centuries Americans have been reading the hyper-individualistic purity of Henry David Thoreau’s life on Walden Pond — the way he cut himself off from crass commercialism and lived
“
DAVID BROOKS
on a pure spiritual plane. Writing in The New Yorker, Kathryn Schulz points out in “Pond Scum” that Thoreau was a misanthropic, arrogant, selfrighteous prig. He was coldhearted in the face of others’ suffering. Highly ascetic, he sustained the shallow American tendency to equate eating habits with moral health. He tried philanthropic enterprises but found they did “not agree with my constitution.” Schulz accurately notes that Thoreau’s most famous sentence, “The mass of men lead lives of quiet desperation,” is at once insufferable and absurd. Malcolm Gladwell wrote a series of pieces for The New Yorker, describing how community cultures influence our decisionmaking in ways we are unaware. His piece “The Engineer’s Lament” describes how engineers think. He retells an old joke about an engineer, a priest and a doctor who are playing golf, but held up by a slow foursome ahead of them who turn out to be blind firefighters. “I will say a prayer for them tonight,” the priest says. “Let me ask my ophthalmologist colleagues if anything can be done for them,” the doctor says. The engineer says,
“Why can’t they play at night?” Gladwell’s piece “Thresholds of Violence” describes how school shootings are in some ways like riots, complex dialogues of violence between far-flung killers. In his piece “Starting Over” he notes that many of the people who left New Orleans after Hurricane Katrina for places like Houston did better than those who returned. That’s because one of the ways to stack the deck against your own social mobility is to live in a community with a transgenerational history of poverty. The people who left broke that pattern. The general conclusion is that people need community to live, but some communities nurture mobility better than others and sometimes it is necessary leave one community for another. Writing in The National Interest, Henry Olsen has an utterly convincing essay, “A New Homestead Act,” that asserts that for the past several decades American antipoverty policies have retarded this movement and entrenched poverty. During the Depression the unemployed moved, often to California. But that’s hard to do now. As Olsen writes: “Most welfare-state programs are awarded by states and localities. More crucially, their receipt is often tied to or complicated by continued residence in those places.” Anyone who wanted to move to a city with more opportunity would
be putting his or her benefits at risk. Republican efforts to throw everything back to states and localities might make these perverse incentives worse. So communities can be good or bad. The worst community on earth is probably ISIS. One of the most important essays this year was Graeme Wood’s “What ISIS Really Wants,” in The Atlantic. Wood demonstrates, among other things, how theologically rigorous ISIS is. Young men flock to this caliphate wannabe precisely because they want to be embraced in the tight legal strictures ISIS commands. Subtly communities can fall apart. There were many fine pieces this year about sex on campus. One factor is that old community norms governing decent behavior have fallen away and new ones have not yet come into being. Writing “The Meaning of Sex” in The Weekly Standard, the anthropologist Peter Wood describes the damage done when natural and social constructs like virginity, fatherhood, intimacy and romance are done away with or watered down. The result can be a sort of high-class savagery leading to brutal pain and victimization. This has been a great year for long-form journalism. I’d especially like to thank Robert Cottrell, of the great website the Browser, and Robert Atwan, who runs the Best American Essays series, for directing me to several of this year’s Sidney winners.
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CLASSIC DOONESBURY | GARRY TRUDEAU
State
WEDNESDAY, DECEMBER 23, 2015
Woman dead in jail By PAUL J. WEBER ASSOCIATED PRESS
AUSTIN, Texas — A Texas grand jury that declined to indict anyone over the jailhouse death of Sandra Bland could still charge the trooper who shouted “I will light you up!” during a traffic stop resulting in her arrest, a move that would focus attention on a state police force experts say has lagged behind widely accepted U.S. law enforcement practices to head off misconduct. A grand jury on Monday decided that no felony crime was committed by sheriff ’s officers or jailers in the death of the 28-yearold black woman from Chicago. Authorities say Bland hanged herself in jail with a plastic garbage bag three days after trooper Brian Encinia pulled her over for not signaling a lane change. Encinia, who is white, has been on paid desk duty since the confrontation recorded on dashcam video heightened national concern about police treatment of African-Americans. Critics including Bland’s family wondered why a routine traffic stop escalated into an altercation that led to Encinia brandishing a stun gun and making the threat to light her up. The stop also has invited scrutiny of the Texas Department of Public Safety that oversees state police. Records obtained by The Associated Press show at least six formal complaints have been found valid since the beginning of 2012 against members of the nearly 4,000-strong force for violating traffic stop procedures — the kind of incidents like the one involving Encinia and Bland. Two troopers received written reprimands, and the others received suspensions ranging from 1 to 30 days without pay. But the department can-
Photo by Waller County Sheriff’s Department | AP
In this undated file frame from video provided by the Waller County Sheriff’s Department, Sandra Bland stands before a desk. not put a number on informal accusations raised against troopers — such as rudeness or attitude — in which citizens don’t sign their names to affidavits that trigger formal investigations. Law enforcement watchdogs said that is a glaring departure from most major U.S. police departments that keep tally of all citizen contacts, even for accusations that are considered minor or quickly proven baseless upon reviewing patrol-car video. “It’s almost shocking that they don’t,” said Jeff Noble, former deputy chief of the Irvine Police Department in California and now a prominent law enforcement consultant. “This is the state police of Texas. That’s no small department.” Department policy allows such complaints to be handled at the local level, through supervisors, in what it calls “the informal resolution of citizen concerns.” “Sometimes those are the ones you can see a pattern of an officer,” said Liana Perez, director of operations at the National Association for Civilian Oversight of Law Enforcement and a former police auditor in Arizona. “They may know how far they can go without it becoming a formal investigation against them. If you see a lot of complaints with rudeness or attitude, there is probably something that
needs to be addressed.” As for more serious complaints about incompetence, telling the truth or other conduct “unbecoming” of an officer, the agency provided records of 76 complaints determined to be valid in 2013 and 2014. But other records provided to the AP by a person with access to them show a total of 204 complaints over that same time period, including 40 accusations that were determined valid but not disclosed because the punishment did not result in at least a one-day suspension. The list included troopers who were given written reprimands for use of nondeadly force, harassment and no probable cause for a search or arrest. Experts said this practice differs from most police departments, which do not limit disclosure to those of at least a one-day suspension. DPS Director Steve McCraw defended the department’s handling of complaints as serious and rigorous. “We investigate all complaints,” McCraw said. “I’ve had them drive the videos all the way up to my office when we’ve had complaints.” In October, the agency began using computer software designed to document trooper issues in real time and provides supervisors with automatic alerts when early intervention is needed.
THE ZAPATA TIMES 5A
PÁGINA 6A
Zfrontera
CONSEJO DE ZCISD ESTÁ SATISFECHO CON SUPERINTENDENTE INTERINO
Ribereña en Breve
Destacan labor
BAILE DE NAVIDAD El grupo Costumbre se presentará en el Baile de Navidad de Nueva Ciudad Guerrero, Tamaulipas. El baile tendrá lugar el viernes 25 de diciembre, a las 9 p.m. en el Centro Cívico de la Ciudad.
MIGUEL ALEMÁN, MÉXICO El Alcalde de Miguel Alemán, Ramiro Cortez, encabezó el arranque del operativo de seguridad anual denominado Lupe-Reyes. Él encabezó el contingente de vehículos oficiales en su recorrido por las principales avenidas. El operativo LupeReyes inició el 12 de diciembre y concluirá el 6 de enero. Cortez reiteró el mensaje de convivir en armonía y respeto a fin de construir un ciclo de vacaciones blanco.
MIÉRCOLES 23 DICIEMBRE DE 2015
POR JUDITH RAYO TIEMPO DE ZAPATA
El consejo directivo para el Distrito Escolar Independiente del Condado de Zapata no tiene prisa en encontrar un superintendente permanente que dirija al distrito. En agosto, consejeros de ZCISD designaron a Robert O. Hein como el superintendente interino después de aceptar la renuncia de Raul Nuques. Hein participó como un consultor para el distrito y como director de preparatoria durante un lapso de ocho años. Ricardo Ramírez, presidente del consejo para ZCISD, dijo que los consejeros se encuentran satisfechos con Hein en ése cargo. “El entrenador Hein se encuentran realizando tan buena labor que actualmente no estamos con-
siderando iniciar la bústener la fortaleza. queda”, dijo él. “Eventualmente buscareÉl dijo que los consejemos un superintendente”, ros empezarán a buscar un dijo él. superintendente permaSiendo que los consejenente una vez que Hein toros no están considerando me una decisión acerca de realizar una búsqueda en HEIN su futuro. un futuro cercano, Hein se Otro consejero quien padijo feliz de poder estar rece estar contento con Hein es ayudando a los oficiales del disJosé Flores. trito. “El Sr. Hein es reconocido en “El equipo de liderazgo y las la comunidad y ha logrado una escuelas están haciendo una buediferencia muy positiva en las na labor con niños y padres de escuelas”, dijo él. familia”, dijo él. “Me siento muy Cuando se le preguntó si Hein complacido con el apoyo que el sería considerado como un canconsejo directivo nos ha dado”. didato para superintendente perMientras tanto, Hein dijo que manente, los consejeros dijeron no tiene planes de realizar camque tendría que haber alguna bios en el distrito. discusión al respecto. “Solamente queremos brindar “No hemos hablado al respecestabilidad al distrito y contito”, dijo Ramírez. nuar haciendo esfuerzos hacia el Flores, sin embargo, dijo que rendimiento escolar”. Hein se encuentra ahí para manAl preguntársele si considera-
ría tomar el puesto de superintendente permanente, Hein dijo que tiene pensado continuar como interino. “Mi compromiso ante el consejo directivo es trabajar como superintendente interino durante un tiempo razonable”, dijo él. Hein sostuvo que una temporada pudiera ser uno o dos años. Con tan solo cuatro meses como superintendente interino, Hein parece hacer dejado una buena impresión entre los consejeros. “Es un extraordinario recurso para nuestro distrito”, dijo Ramírez. “Siento que él ha sido un gran líder en lo que realiza actualmente. Fue una buena decisión el traerlo a bordo”. (Localice a Judith Rayo en el 728-2567 o en jrayo@lmtonline.com)
VALLE HERMOSO, MÉXICO El domingo, policías de Tamaulipas detuvieron a Leonel Hernández Bautista, señalado como jefe de plaza del grupo delincuencial que opera en el municipio de Valle Hermoso. Hernández Bautista, conocido como “Leo” o “Ciclón 2”, fue detenido en el domicilio ubicado en el número 37 de calle Papantla en el Fraccionamiento Victoria. El operativo fue realizado gracias a una denuncia ciudadana, establece un comunicado de prensa del Gobierno de Tamaulipas. Junto con Hernández Bautista fueron detenidos Juan Jesús García y Wendy Magaly Reyes Díaz, por el cargo de presuntos cómplices. Autoridades además lograron asegurar un vehículo, un arma corta calibre 9 milímetros, un arma larga, tres cargadores abastecidos y tres bolsas conteniendo marihuana. Las investigaciones continúan.
LLERA, MÉXICO
FSA
TRES MESAS
Abren fondos para campo TIEMPO DE ZAPATA
Foto de cortesía | Gobierno de Tamaulipas
TAMULIPAS Durante el mes de diciembre elementos militares mexicanos han asegurado 1.945 kilogramos de marihuana, así como armas, cargadores, cartuchos y vehículos. El 17 de diciembre, soldados aseguraron 175 paquetes que contenían 1.253 kilogramos de marihuana en el poblado Los Martínez, del muncipio de Camargo, México, El 2 de diciembre tuvieron operativos en Reynosa, Río Bravo y Matamoros, México. Lograron asegurar 64 kilogramos de marihuana en las colonias Unidad y Esfuerzo Nacional de Reynosa. Treinta y dos kilogramos de marihuana, cinco armas largas, 42 cargadores, 265 cartuchos y un uniforme pixelado en el rancho El Campesino de Río Brav. Y, 10 kilogramos de marihuana, dos armas, nueve cargadores y 147 cartuchos en el rancho Las Jaras del municipio de Matamoros. El 7 de diciembre cuando recorrían el ejido Mart R. Gómez en el municipio de Díaz Ordaz, aseguraron 67 kilogramos de marihuana que estaban en el interior de tres vehículos abandonados. Ése mimos día lograron ubicar 109 kilogramos de marihuana en el ejido San Francisco del municipio de Camargo. También en el ejido San Francisco, el 9 de diciembre personal militar aseguró 206 kilogramos de marihuana, 15 cargadores, 220 cartuchos de diferentes calibres y dos lanchas inflables en el ejido San Francisco. En tanto que el 10 de diciembre en el poblado Rancherías del municipio de Camargo aseguraron 210 kilogramos de marihuana.
Continúa en tiempo y forma la construcción del parque eólico ‘Tres Mesas’ en el municipio de Llera, México. Autoridades esperan la obra sea concluida para septiembre del 2016.
Parque eólico funcionará en septiembre, 2016 TIEMPO DE ZAPATA
S
igue en pie la fecha de entrada de operaciones del que será el parque eólico más grande del noreste de México, de acuerdo con la Agencia Estatal de Energía en Tamaulipas. Al haber sido concluidas las Fases I y II del parque eólico Tres Mesas, que se ubica en la meseta de Llera, México, se pronostica empezará a operar en septiembre del 2016. “La empresa nos reporta que van conforme al programa de construcción, gracias a que no se han detenido en el proceso una vez que las autoridades correspondientes autoriza-
ron”, explicó José María Leal Gutiérez, titular del AEE. Han sido concluidas las 19 plataformas que recibirán las torres y a los aerogeneradores que provienen de Europa, incluyendo las líneas colectora y la de transmisión, agregó. Los aerogeneradores llegarán a finales de febrero del 2016. “(El Gobierno de Tamaulipas) ha aprovechando justamente las ventajas que ofrece la Reforma Energética (y) de esta manera es como están llegando estas grandes inversiones, que dan trabajo a nuestros coterráneos”, sostuvo Leal Gutiérrez. Actualmente se trabaja en el edificio de Operación y Mantenimiento
y la Subestación de la Fase I. Tal subestación será entregada a la Comisión Federal de Electricidad en abril del 2016. En cuanto a la Fase II han iniciado los caminos de acceso y las primeras cimentaciones de las plataformas. Abengoa es la empresa encargada de la obra y se contrataron trabajadores de Ciudad Victoria, Llera, y Mante, además de las comunidades de Angostura, Rancho Nuevo, Tortugas, Lázaro Cárdenas, El Olivo, Santa Isabel, Primero de Abril, Emiliano Zapata, Mendez, San Isidro, Guayalejo, López Mateos, San Lorenzo, y Croc-Cocoas.
EU
Creen un militar era de Mercedes VALLEY MORNING STAR
MERCEDES — Amigos se encontraban expresando su duelo a través de Facebook, en la página de Michael Anthony Cinco, de 28 años, originario de Mercedes, quien está siendo identificado extraoficialmente como uno de los seis soldados que fallecieran en un ataque suicida ocurrido en la Base de la Fuerza Aérea Bagram en Afganistán. El Departamento de Defensa aún no ha emitido una lista oficial con las identidades de los militares. Chris Sherwood, vocero para el Departamento de la Defensa, será quien realice una declaración oficial. El Alcalde de Mercedes, Henry Hinojosa, dijo el martes que está creando un comité para saber cómo se puede ayudar a la familia y los servicios funerarios. Condolencias para su
Foto de cortesía | Facebook
Informaciones extraoficiales indican que el soldado de EU, Michael Anthony Cinco, originario de la ciudad de Mercedes, fue uno de los seis militares que fallecieran tras ser objeto de un ataque suicida en Afganistan, el lunes. familia están siendo publicadas en páginas del foro social Facebook. Un atacante suicida a
bordo de una motocicleta llena de explosivos, arremetió contra una patrulla conjunta del OTAN-Afganistán,
el lunes, matando a seis soldados de EU en el que es considerado el más mortífero ataque sobre las fuerzas internacionales desde agosto. El ataque ocurrió cuando combatientes del Taliban invadieron un distrito estratégico al sur de la provincia de Helmand, el lugar de algunas de las más cruentas peleas entre el Taliban y las fuerzas de combate internacional antes de la retirada en 2014, agregando peso a las predicciones del Pentágono acerca de que la insurgencia está fortaleciéndose. Los soldados fueron el blanco conforme se movían a través de una villa cerca del Campamento Aéreo Bagram, las instalaciones militares más grandes de EU en Afganistán, dijeron oficiales de la OTAN y Afganistán. El Taliban declaró ser responsable de los hechos.
Préstamos del Farm Service Agency (Agencia para Servicio de Agricultores – FSA, por sus siglas en inglés) están disponibles para aquellos agricultores que hayan tenido pérdidas durante la temporada del 22 de octubre al 31 de octubre del presente año. Agricultores con residencia en los condados de Cameron, Hidalgo, Starr y Willacy son elegibles a solicitar el préstamo de emergencia. “Generalmente eso significa que los agricultores que hayan perdido al menos 30 por ciento de su producción o hayan sufrido cualquier pérdida física o en producción, causada por tormentas severas, tornados, vientos directos o inundaciones… son elegibles para los préstamos del FSA”, de acuerdo con un comunicado de prensa. El documento aclara que las ganancias por el seguro de cosecha y/o seguro ante peligros, son tomados en consideración al momento de determinar la elegibilidad de la producción y las pérdidas totales. Las solicitudes para el préstamo de emergencia deben enviarse al FSA lo antes posible, dijo el Gerente de Préstamos para Agricultores en el FSA, Arnulfo E. Lerma. “Esperamos que los agricultores obtengan sus solicitudes con tiempo en lugar de esperar a que llegue la fecha límite”, sostuvo Lerma. “Mientras más esperen, las posibilidades de que existan mayores atrasos se incrementan”. La fecha límite para solicitar un préstamo de emergencia en la FSA es el 25 de julio del 2016. Lerma sostuvo que si reciben las solicitudes con tiempo, se evitarán los retrasos y se acelerará el proceso. En caso de dudas, agricultores pueden acudir a las oficinas del FSA ubicadas en el 2514 S. Veterans Blvd., Suite 1 en Edinburg. También se puede llamar al 956-381-0916 extensión 2.
WEDNESDAY, DECEMBER 23, 2015
ON THE WEB: THEZAPATATIMES.COM
Sports&Outdoors NATIONAL FOOTBALL LEAGUE: DALLAS COWBOYS
Cowboys turn to Moore Dallas has another new QB By SCHUYLER DIXON ASSOCIATED PRESS
IRVING — Kellen Moore will be the fourth starting quarterback for Dallas this season at Buffalo on Sunday. As for whether he will back up Tony Romo next year, coach Jason Garrett isn’t interested in talking about auditions even though the Cowboys (4-10) are eliminated from the playoffs with two games to go, as are the Bills (6-8). “A lot of people will start pointing that way that this is a great opportunity to evaluate players in regularseason games,” Garrett said Monday. “That’s not really the way we think. We have one objective going to Buffalo, and that’s winning a ballgame.” Making his first regularseason appearance late in his fourth year in the NFL, Moore sparked the offense after replacing an ineffective Matt Cassel in the second quarter of a 19-16 loss to the New York Jets on Saturday. Romo missed seven
Photo by Michael Ainsworth | AP
Dallas quarterback Kellen Moore will be the Cowboys’ fourth starting quarterback this season as he takes the reins for the final two games of the year. games with a broken left collarbone and was lost for the season after breaking it again in his second game back. Cassel was 1-6 filling in for Romo after Brandon Weeden went 0-3 following the first injury. Although he threw an interception on his second career pass and three for the game, Moore beat a
blitz with a quick toss to Dez Bryant in the flat, letting the receiver get around cornerback Darrelle Revis for the 10-yard touchdown. Moore also led a drive to a tying field goal in the final two minutes before the Jets drove the other way for the winning points. “Obviously I took this
opportunity for what it was,” Moore said after going 15 of 25 for 158 yards. “We’ll grow from it and learn from it and see what happens.” An undrafted free agent out of Boise State, Moore signed with Detroit in 2012 and spent two seasons there with Cowboys offensive coordinator Scott Line-
han. Moore joined the Dallas practice squad in September, before Romo got hurt, and was moved to the active roster after the injury. He backed up Weeden for two games while Cassel was learning the offense following the trade that brought him from Buffalo, then was inactive for four
games before going back to the practice squad. When Romo went down again on Thanksgiving against Carolina, Moore was the backup again. With Cassel struggling and getting booed against the Jets, Garrett made the move to Moore. “He has not had experience in the NFL playing regular-season games, but he’s an experienced quarterback — 53 starts in college, he won 50 of them,” Garrett said. “He’s had success playing in preseason games. He needs to play more. He made some mistakes, but I thought he handled himself very well.” The last time the Cowboys used four quarterbacks was 2001, when Quincy Carter made eight starts to three each for Ryan Leaf and Anthony Wright and two for Clint Stoerner. That was the second of three straight 5-11 seasons. “We have not been able to get the continuity to get it going on offense,” owner and general manager Jerry Jones said after the loss to the Jets. “Games like that, we have managed to figure out how to lose them rather than win them. And I think you just have to say we are not good enough to win those games.” So the Cowboys will try another starting quarterback.
National
8A THE ZAPATA TIMES
WEDNESDAY, DECEMBER 23, 2015
Alaskan landslide discovered By RACHEL D’ORO ASSOCIATED PRESS
Photo by David Zalubowski | AP
ANCHORAGE, Alaska — Scientists say they’ve discovered a massive landslide in an uninhabited area of eastern Alaska that’s the largest detected in North America since the 1980 eruption of Mount St. Helens. The Oct. 17 slider unleashed 200 million tons of rock down the Taan Fiord valley onto Tyndall Glacier in Icy Bay, according to Columbia University’s Lamont-Doherty Earth Observatory. No one witnessed it, but scientists picked up its “seismic signature” with a method of reading patterns they’ve been honing for six years. “We’re reading the da-
ta, processing the data, in a way that lets us detect the landslides and figure out where they are,” Lamont geomorphologist Colin Stark said Tuesday. The landslide had a magnitude of 4.9 and was confirmed by satellite images taken a week later, according to Stark. Scientists say the images appear to show tsunami damage along the sides of the fiord. As large as it was, however, the slide was a distant second from the Mount St. Helens eruption in Washington state that accounted for a 2.5 billion-ton landslide from a flank collapse, he said Tuesday. Because of the difference in size, the two de-
bris dumps are not really comparable, but the Washington event was included as a frame of reference, Stark said. “This landslide in Alaska, in Tyndall, was a pretty normal landslide,” he said. “But the Mount St. Helens was pretty freakish.” The Alaska landslide, whose discovery was announced Friday in San Francisco at the American Geophysical Union meeting, occurred in a section of the state that’s considered one of the world’s most seismically active areas. Lamont scientists say mountains are still developing there and the fragile nature of the rock accounts for a faster erosion rate.
Stephanie Burke, left, and her daughter, Michelle, head for the elevator after a Denver judge set bond at $50,000 for Burke’s husband, Clarence Moses-EL, during a hearing early Tuesday, in Denver.
Imprisoned Denver man to be freed By COLLEEN SLEVIN ASSOCIATED PRESS
DENVER — A judge on Tuesday cleared the way for the release of a man who has spent 28 years behind bars for a rape he says he did not commit, setting bond that will allow the prisoner to walk free. Clarence Moses-EL was convicted in 1988 after the victim said his face appeared to her in a dream, but a judge vacated his conviction last week after another inmate said he had sex with the woman. Moses-EL has long maintained his innocence, and his case inspired legislation requiring preservation of DNA evidence in major felony cases for a defendant’s lifetime after police threw out body swabs and the victim’s clothing. The judge set bail at $50,000 Tuesday, and supporters said they posted the money that they had raised. Moses-EL was expected to be formally released from
custody later in the day. His wife, Stephanie Burke, wept in the hallway after the hearing as she thanked Moses-EL’s attorneys with her hands clasped in prayer. Moses-EL was sentenced to 48 years in prison in the attack against a woman after she returned home from a night of drinking. When police initially asked who assaulted her, she named the man who later confessed. More than a day later, while in the hospital, the woman identified Moses-EL as her attacker, saying his face came to her in a dream. Moses-EL’s efforts to appeal his conviction have been unsuccessful, and the legal and political system repeatedly failed Moses-EL in his decades-long attempt to win his freedom. An appeals court rejected his case. Moses-EL later won a legal bid for DNA testing on the evidence to clear his name, but Denver police threw it away, saying
they didn’t see any notice from prosecutors to hold on to it. In 2008, the governor, a former Denver prosecutor, objected to legislation that would have given him a retrial and received widespread support from lawmakers. Moses-EL’s break came when L.C. Jackson, who the victim had initially identified as her rapist, wrote to Moses-EL in 2013 saying he had sex with the woman that night. Jackson has not been charged in this case but remains imprisoned for two other rapes in 1992. Despite the challenges, one of Moses-EL’s attorneys said she has never seen him angry. “He has always fully believed that he would someday get out,” Keyonyu O’Connell said. The Denver District Attorney’s Office has not decided whether to prosecute Moses-EL again but reserved a trial date in May should they choose to do so.
Senator Judith Zaffirini and Carlos Sr. and their son and daughter-in-law, Carlos Jr. and Audrey, wish all Texas families many blessings and a joyous holiday celebration!
he joy of brightening other lives, bearing each other’s burdens, and supplanting empty hearts and lives with generous gifts becomes the magic of the holiday season. W.C. Jones’s words reflect beautifully the spirit of peace, love and harmony that is the hallmark of this wonderful time of year.
T
My prayer is that all Texas families will focus on faith and family this holiday season while sharing generous gifts of time, compassion and good cheer. May you enjoy a wonderful holiday season!
Man guilty in school shooting gets 12 years By DAVID DISHNEAU ASSOCIATED PRESS
FREDERICK, Md. — The alleged gunman in a high school shooting that wounded two teenage boys pleaded guilty Tuesday to two counts of firstdegree assault and was sentenced to 12 years in prison. Brandon Tyler, 22, fired at a group of rival gang members outside the Frederick High School gymnasium after a junior varsity basketball game on the night of Feb. 4, Frederick County Deputy State’s Attorney David Callahan said. He said Tyler’s co-defendant Chandler Davenport identified Tyler as the shooter but detectives found no fingerprints or DNA on seven recovered, .38-caliber bullet casings, and there was no surveillance video of the shooting. The victims, ages 14 and 15 at the time, gave
investigators little or no help, Callahan said. “Gang cases are TYLER probably the most difficult to get a conclusion,” he said. Tyler declined to address the court. His father Richard Tyler told his son during the hearing, “Never be ashamed of what happened.” When asked by Judge Scott Rolle to explain his son’s involvement, Richard Tyler said, “We don’t even know if he did it.” Rolle suspended another 18 years and ordered five years of supervised probation after Tyler’s release. The convictions carried maximum prison terms totaling 50 years. Prosecutors dropped 11 charges in return for Tyler’s plea. Davenport, 20, pleaded guilty to two counts of
reckless endangerment in August. His sentencing is set for Jan. 6. The older victim was shot in the leg and the younger one in the back. “But for a couple of inches, this would have been a homicide case, a murder case,” Rolle said. Prosecutors say Davenport, Tyler and several associates went to the school looking for rival gang members. He said Davenport went into the gym, prompting rivals to come out, some pulling on masks, just before the shooting. The gunfire sent spectators running for cover as frantic parents rushed to the scene. About 200 players, faculty, staff and fans took shelter in the school cafeteria, where police questioned witnesses for several hours. Rolle said the shooting caused people to feel unsafe in the city of 67,000 about 45 miles west of Baltimore.
WEDNESDAY, DECEMBER 23, 2015
THE ZAPATA TIMES 9A
Obamacare sign-ups top last year’s total By ZACHARY TRACER BLOOMBERG NEWS
About 8.3 million people have signed up for health coverage through Obamacare’s U.S.-run shopping markets this year, the U.S. said Tuesday, surpassing last year’s total and signaling good news for hospital and health insurance companies. At about the same point in the enrollment period last year, 6.4 million people had signed up. The U.S. report counts enrollees for 2016 coverageas of Dec. 19 in 38 states that use the Affordable Care Act’s federal marketplace, the Centers for Medicare and Medicaid Services said. It’s the most comprehensive accounting since a Dec. 17 deadline for people to pick coverage that begins at the start of 2016. Sign-ups this year are an important indication of how President Barack Obama’s health-care overhaul is faring ahead of the 2016 presidential election. They’re also a bellwether for hospital and health insurance stocks — investors are closely tracking the figures to see how many new paying customers those businesses can expect. If the pace of sign-ups continues like it did last year, 10.7 million people could have coverage through the U.S.-run market alone by the time the enrollment period ends,Jason McGorman, an analyst with Bloomberg Intelligence, said in a note Tuesday. It would also be welcome news for investors, who had been concerned that enrollment for 2016 would lag. Those worries contributed to a slump this year in hospital chains such as Tenet Healthcare Corp. and Community Health Systems Inc.
The U.S. has said that about 9.9 million people will probably be enrolled in Obamacare plans by the end of 2016, compared with a projected 9.1 million at the close of 2015. Some enrollees typically stop paying for their health plans throughout the year. The U.S. said Tuesday that about 9.3 million people were enrolled in 2015 Obamacare plans as of Sept. 30, with 84 percent receiving subsidies to help them pay for the coverage. That’s down from a total of 9.9 million on June 30. While sign-ups for 2016 coverage are running ahead of last year’s total, the figures aren’t directly comparable. Last year’s sign-up period began two weeks later, and an additional state, Hawaii, is using the federal exchange this year. The 2016 enrollment figure updates a tally from last week, when the U.S. said that about 6 million people had signed up for individual health plans as of the Dec. 17 deadline, compared with 3.4 million in 2014. Those figures didn’t include people whose coverage was automatically renewed, who are in the new total. The new total will continue to grow. People can still sign up for coverage that begins later in the year, and the data don’t include enrollment from states like New York and California, which run their own health-insurance marketplaces. To contact the reporter on this story: Zachary Tracer in New York at ztracer1bloomberg.net To contact the editors responsible for this story: Crayton Harrison at tharrison5bloomberg.net Drew Armstrong 12-22-15 1538EST
Photo by Richard Drew | AP
In this Dec. 16, file photo, traders Gordon Charlop, left, Nathan Wisniewski, center, and Gregory Rowe, work on the floor of the New York Stock Exchange. Stocks were mostly flat in early trading Tuesday, helped by a stabilization in oil prices, which helped lift energy stocks.
Stocks up, crude oil stabilizes By KEN SWEET ASSOCIATED PRESS
NEW YORK — Energy companies are leading a broad rally on the stock market as the price of crude oil moves higher.
Diamond Offshore Drilling was among the biggest gainers with an increase of 5.6 percent Tuesday. The Dow Jones industrial average climbed 165 points, or 1 percent, to close at 17,417.
The Standard & Poor’s 500 index rose 17 points, or 0.9 percent, to 2,038. The Nasdaq composite increased 32 points, or 0.7 percent, to 5,001. The price of oil rose, a relief to investors who
have been rattled by a plunge in crude to its lowest level since February 2009. Oil increased 1 percent to $36 a barrel in New York. The yield on the Treasury note rose.
Hillshire to pay Nike soars, shoe $4M in suit sales strong ASSOCIATED PRESS
DALLAS — Hillshire Brands will pay $4 million to settle federal claims that black employees at a North Texas food plant were exposed to dangerous work conditions and subjected to discrimination and a hostile work environment. Former workers at the Sara Lee plant in Paris, Texas, gathered Tuesday for a news conference in Dallas to highlight the settlement approved last week by a federal judge.
The U.S. Equal Employment Opportunity Commission earlier found that black workers were exposed to asbestos and other toxins. They also were targets of racial slurs and graffiti. Sara Lee ended its Paris operations in 2011 and part of the company later became Hillshire Brands, which in turn was bought by Tyson Foods. A Tyson spokesman says the company is committed to treating workers with dignity and respect.
By MATT TOWNSEND BLOOMBERG NEWS
Nike Inc. posted secondquarter results that showed the footwear and athleticapparel giant remains largely immune to the shopper malaise that’s plagued much of retail. The world’s largest sporting-goods maker posted profit of 90 cents a share, topping analysts’ average estimate of 86 cents, as it continued to reap the rewards of a dominant brand and the ongoing fashion shift toward casual,
sporty attire. It also defied concerns about slowing economic growth in China, with revenue there gaining 24 percent to $938 million. Orders for the Nike brand for the next four months rose 20 percent, excluding the effects of currency. Analysts expected a 13.6 percent gain. Net income increased 20 percent to $785 million. Gross margin widened 0.5 percentage point to 45.6 percent. The shares rose 3.8 percent to $136.83 in late trading in New York.
EPA plans to assess toxic site By JUAN A. LOZANO ASSOCIATED PRESS
HOUSTON — The Environmental Protection Agency said Tuesday that it approved a plan to assess damage to the stone cover of the protective cap for a structure at a southeastern Texas Superfund site that contains toxic waste from a paper mill. The plan comes as the EPA and county officials disagree over whether the protective cap at the San
Jacinto River Waste Pits Superfund site in Harris County suffered some sort of breach that could have allowed toxic dioxins to leak into surrounding water and sediment. According to EPA spokesman David Gray, a layer of rocks over the pit cover has some damage. “We do not have any indication that the protective cap itself has been breached,” said Gray, who added that the review of the damaged area is set to be-
gin on Wednesday and will include the collection of sediment samples to see if any toxic material was released. But Rock Owens, manager of the environmental group of the Harris County Attorney’s Office, said he was surprised the EPA was being tentative about indicating there was a hole in the stone cover or the protective cap. “I suppose one could argue there may or may not be a hole, but they are pro-
ceeding as if there was a hole,” Owens said. “I guess they are just trying to keep people from being panicky, which is understandable.” A team of divers looked at the protective cap earlier this month after Harris County had complained that the maintenance program for the cap had been insufficient, Owens said. The waste pits were first constructed in 1965 next to the San Jacinto River and were used to store toxic waste from the paper mill.
Over time, part of the pits sunk below the river, eroding part of the containment structure and releasing waste into the river. The EPA in 2008 deemed the waste pits a Superfund site, a designation used for the nation’s most contaminated land. The protective cap was put in place in 2011. “Equipment and materials to repair the cap are expected to arrive on December 29 and will take from one to two weeks to complete,” Gray wrote in an
email. “EPA will be on-site during the assessment and repair activities to ensure compliance with the approved work plan.” Owens said the county still views the protective cap as a flawed way to deal with the waste. “The waste in these pits is some of the most toxic stuff you can get your hands on. The safest way to make sure a big storm doesn’t come in and blow all that stuff out is to pick it up and haul it off,” he said.
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WEDNESDAY, DECEMBER 23, 2015
Photo by Mel Evans | AP file
In this June 11, 2014 file photo, Kevin Roper leaves a court appearance in New Brunswick, N.J.
Morgan trial to decide trucker’s fate ASSOCIATED PRESS
NEW BRUNSWICK, N.J. — A New Jersey grand jury is set to decide whether to indict the trucker accused of slamming into Tracy Morgan’s limo last year. That was revealed Tuesday in a court hearing where an attorney for driver Kevin Roper sought to have charges of vehicular homicide and assault by auto thrown out. The Jonesboro, Georgia, man is charged in the June 2014 crash that killed comedian James
Hacker accused of script stealing ASSOCIATED PRESS
NEW YORK — Federal prosecutors in New York say a Bahamian man hacked into the email accounts of celebrities to steal unreleased movie and TV scripts and sex tapes. Alonzo Knowles, of Freeport, Bahamas, was ordered held without bail Tuesday by a federal judge in Manhattan. Knowles faces charges of identity theft and copyright infringement. It’s not immediately clear whether he has a lawyer who can comment on his behalf.
McNair and seriously injured Morgan and others. Roper was driving for Wal-Mart. He was charged last June but hasn’t been indicted. NJ.com reports an assistant Middlesex County prosecutor told the judge a county grand jury would release its findings Wednesday. Roper’s lawyer, David Glassman, wants the charges dismissed, citing what he said was unfair pretrial publicity generated by Morgan’s multimillion-dollar lawsuit against Wal-Mart.
Photo by U.S. Attorney’s Office for the Southern District of New York | New York Times
An undated image from the U.S. Attorney’s Office for the Southern District of New York shows the fossil of a Tyrannosaurus bataar. Authorities say the skull of a Tyrannosaurus bataar was stolen from the Gobi Desert in Mongolia.
Actor returns dinosaur skull By KATIE ROGERS NEW YORK TIMES NEWS
Eight years ago, the skull of a Tyrannosaurus bataar was the star artifact in a natural historythemed luxury auction in Manhattan. It sold for $276,000 to an anonymous buyer. As it turns out, the skull had been stolen from the Gobi Desert in Mongolia, and the buyer was Nicolas Cage, an actor who among his dozens of films, has starred in a movie franchise about the hunt for rare treasures. A publicist for Cage confirmed that he bought the skull from the Beverly Hills gallery I.M. Chait in 2007, according to Reuters.
The Department of Homeland Security contacted Cage about the skull last year, and the actor agreed to turn it over. Since 2012, the office of Preet Bharara, the U.S. attorney in Manhattan, has worked to return artifacts taken from Mongolia. Many stolen remains have been traced to a Florida man named Eric Prokopi, who in 2012 was arrested and charged with smuggling illegal goods and possessing stolen property. Last year, Prokopi was sentenced to three months in prison. The Tyrannosaurus bataar skull Cage bought from I.M. Chait was also from a seller in Florida. “Cultural artifacts such
as this Bataar Skull represent a part of Mongolian national cultural heritage,” Glenn Sorge, a special agent with Bharara’s office, said in a statement. “It belongs to the people of Mongolia. These priceless antiquities are not souvenirs to be sold to private collectors or hobbyists.” Several skeletons of the Tyrannosaurus bataar, a large, carnivorous dinosaur that was a close relative of Tyrannosaurus rex, have been returned to Mongolia in recent years. Prokopi has assisted prosecutors in recovering at least 17 other fossils, Reuters reported. The private sales of such artifacts have wor-
ried paleontologists because it makes it harder for the scientific community to learn more about how the dinosaurs once lived. “We’re losing science, we’re losing education, we’re losing valuable specimens,” Kevin Padian, a paleontologist at University of California, Berkeley, told The Times after the sale of the skull in 2007. Cage is known as an avid collector, with interests that include real estate, rare cars and comic books: In 2011, he sold a like-new copy of Action Comics No. 1, which featured the first appearance of Superman, for $2.1 million.
WEDNESDAY, DECEMBER 23, 2015
THE ZAPATA TIMES 11A
Polish pass law on constitutional court By VANESSA GERA ASSOCIATED PRESS
WARSAW, Poland — Poland’s parliament passed contested new legislation on Tuesday that regulates the Constitutional Tribunal, something critics say will paralyze the court and make it unable to act as a check on the power of the country’s new right-wing government. The vote, which took place late in the evening after a heated debate, came as Poland comes under increasing criticism internationally and at home for its attempts to neutralize the court. Large street protests supporting both sides have taken place in past weeks, with opponents saying the move to take control of the nation’s top legislative court is an attack on the country’s democratic foundations. After the conservative Law and Justice took power last month it found itself in control of both houses of parliament in addition to the president. That left the Constitutional Tribunal as one of the only state organs that could check its power. The party tried to quickly stack the court with party loyalties before it moved onto the disputed legislation, which opponents see
Photo by Alik Keplicz | AP
Leader of the ruling Law and Justice party, Jaroslaw Kaczynski, right, raises his hand during one of the votes passing a new law on the constitutional court, as Prime Minister Beata Szydlo, left, looks on, in the parliament in Warsaw, Poland, Tuesday. an attack on an independent judiciary. The ruling party says it wants to reform a court that is filled with appointees made past government and it claims its victory in October elections is a mandate by voters to make deep changes to the country. After eight years of rule by a pro-market and proEuropean Union party, those changes involve greater state spending on the economically disadvantaged and pushing for other
deep change consistent with Law and Justice’s Catholic, nationalistic and anti-migrant agenda. Stanislaw Piotrowicz, a lawmaker for Law and Justice and a key backer of the new laws, denounced those opponents who say they are fighting for democracy. “The defense of democracy is just a smoke screen. You are defending dark interests,” he told opposition lawmakers. That elicited an uproar in the assembly and chants
YRMA P. GUTIERREZ “We will eventually be looking for a superintendent,” he said. With trustees not considering a search in the near future, Hein said he’s happy to be helping out district officials. “The leadership team and campuses are doing well with children and parents,” he said. “I’m very pleased with the sup-
Monday, Dec. 21, 2015, from 6 p.m. to 9 p.m. with a rosary at 7 p.m. at Rose Garden Funeral Home. The funeral procession was Tuesday, Dec. 22, 2015, at 9:30 a.m. for a 10 a.m. funeral Mass at Our Lady of Lourdes Catholic Church. Committal services followed at Zapata County Cemetery. Funeral arrangements were under the direction of Rose Garden Funeral Home Daniel A. Gonzalez, Funeral Director, 2102 N. US HWY 83 Zapata, Texas.
support of President Andrzej Duda, a party loyalist. Andrzej Zoll, a former head of the tribunal, denounced the legislation ahead of the vote, saying it “will lead to the end of the functioning” of “one of the most important organs of the state.” One provision requires that cases be adjudicated by a panel of at least 13 of the court’s 15 judges. That is a change from the current practice, which allows a much smaller number of
ZCISD Continued from Page 1A
Sep. 13, 1934 — Dec. 20, 2015 Yrma P. Gutierrez 81, passed away Sunday, Dec. 20, 2015 at Doctor’s Hospital in Laredo, Texas. Ms. Gutierrez is preceded in death by her husband, Ramiro Gutierrez; parents, Florentino and Maria Teresa Pacheco; brother, Armando Pacheco; sister, Maria Luisa (Ruben) Barrera and sister-in-law, Albeza Pacheco. Ms. Gutierrez is survived by her daughters, Elsa E. (Jose Luis) Rodriguez, Irma L. (Ricardo) Garza, Clementina G. Lagunez; grandchildren, Vanessa K. Rodriguez, Leo Rodriguez, Irma Garza (Eliseo Gutierrez, III), Ricardo R. (CelinaY.) Garza, Alexis Y. Garza, Laura E. (Rene Jr.) Garcia, Ramiro R. Gutierrez (Jackie De Anda); great-grandchildren, Alexander J. Rodriguez, Alberto Hinojosa, Carlos D. Hinojosa, Ricardo J. Garza, Eliseo E. Gutierrez, IV, Audrina C. Garza, Rene Garcia, III, Alexa I. Garcia, Ellie D. Gutierrez; brother, Francisco I. Pacheco; sister-inlaw, Dora Pacheco and by numerous nephews, nieces, other family members and friends. Visitation hours were
of “down with communism!” The communist accusation was an apparent allusion both to the alleged anti-democratic nature of the laws and to Piotrowicz’s own past as a communistera prosecutor. The laws then passed easily, 235 to 181, thanks to the Law and Justice’s majority control of the lower house. The package of bills goes next to the Senate, where it is expected to get a quick OK. It can also expect the
judges to rule on each case. Civil rights groups say that will allow the court — which already faces a backlog of some 200 cases — to take up far fewer cases, slowing down its work considerably. Another provision will require a two-thirds majority for rulings to be valid, rather than the current simple majority. Critics say that it will be almost impossible to reach a twothirds majority on most issues, which will make it extremely difficult for the court to reach valid rulings on controversial issues. “We lawyers and citizens watching this believe the main idea is to tie the hands of the judges so they cannot react in a timely manner,” said Katarzyna Szymielewicz, an activist with the pro-democracy We Are Watching You initiative. Opponents also criticize the speed with which the legislation was put through, with very little time left for public consultations. One lawmaker said that made the government appear shady. “Rushing is an inherent part of a banana republic,” said Killion Munyama, a Zambian-born lawmaker with the Civic Platform party.
port the board has given us.” In the meantime, Hein said he doesn’t plan to make any changes in the district. “We just want to bring stability to the district and keep making strides in student performance.” When asked if he would consider taking on the permanent superintend-
APPREHENSIONS Continued from Page 1A Valley in October and November of this year. The Guard is deployed to assist federal agents and state troopers in surveillance and border crossings, but has no arresting or removal powers. The downward trend in federal apprehensions wasn’t just limited to the border; nationally, they decreased by about 30 percent between 2014 and 2015. Immigration and Customs Enforcement also removed roughly 80,000fewer undocumented people from the country — a total of 235,413 —in 2015 than the agency did the prior year.
During a conference call with reporters, homeland security officials said of Immigration and Customs Enforcement removals in 2015, about 86 percent were considered "Priority 1" — immigrants who pose a viable threat to national security, border security and public safety. The 2015totals also include roughly 40 percent fewer unaccompanied minors and family units. Homeland security officials said their focus in 2016 would be "more interior enforcement" to return "convicted criminals" to their home countries.
ent position, Hein said he plans to remain as interim. “My commitment to the board is to be interim superintendent for a reasonable amount of time,” he said. Hein said a timeline could be a year or two. After just four months as acting superintendent, Hein seems to have left a
good impression among trustees. “He is a tremendous asset to our district,” Ramirez said. “I feel he has been a great leader in what he is doing today. It was a good decision we made bringing him on board.” (Judith Rayo may be reached at 728-2567 or jrayo@lmtonline.com)
PROGRAM Continued from Page 1A by the release of undercover videos of Planned Parenthood officials purportedly showing that the organization improperly harvested aborted fetal tissue for researchers — a claim the group has vehemently denied. While the group’s abortion services are separate from its health care programs, the flare-up propelled Republican leaders to call for defunding Planned Parenthood entirely, including the $3.1 million it receives through Medicaid in Texas to help low-income women access family planning and well-woman services.
In moving to cut the organization’s Medicaid funding, the state also cited unspecified allegations of Medicaid fraud. But despite its claims that it had proof of misconduct, state health officials have yet to deliver the final legal notice to defund the organization. This year, lawmakers also wrote a provision into the budget prohibiting clinics affiliated with abortion providers from participating in the joint state-federal Breast and Cervical Cancer Services program, which provides cancer screenings for poor, uninsured women in Texas.
OIL Continued from Page 1A according to a report last year from former Comptroller Susan Combs. Of particular interest is whether the state should retroactively apply the credit for years when the state called the wells oil wells. “I think we need to look at that,” said Darby, R-San Angelo. “Is it doing what it’s designed to do — to encourage production in marginal wells? Or is it just a windfall, so to speak, for playing a game?” But any attempt to change the policy would likely face fierce pushback from an industry beset by sinking oil prices that hit an 11-year low on Monday.
OIL OR GAS? Operators commonly free up oil and gas from the same well. But Texas law defines wells as either oil or gas — not both. The highly technical job of categorizing each falls to the Texas Railroad Commission, the state’s curiously named oil and gas regulator. A well’s classification depends on a host of factors, including how much gas is coming out of the ground. Sometimes, after looking at new data from a well, the commission discovers it misclassified a well in the first place. “What the Railroad Com-
mission does, is really a science and fact sort of finding,” said John Tintera, the agency’s former executive director, now an industry consultant. The agency reclassified 844 oil wells as natural gas wells during the 2015 budget year. That more than tripled the switches from the previous year and was nearly six times the number in 2013. Gas-to-oil switches also surged during that period, but on a much smaller scale —from 68 to 239. The trend has drawn attention from Texas Comptroller Glenn Hegar. His rough estimate suggests eligible wells in just the Eagle Ford Shale — home to most of the switches — could cost the state up to $250 million in tax revenue during the 2016-2017 budget cycle and more than $200 million over the following two years. “The reclassification of wells is one of many issues we are tracking at the Comptroller’s Office that could impact the state’s bottom line,” said Lauren Willis, a spokesman for Hegar. A company might seek reclassification for a number of reasons. Producers, for instance, can typically hold twice as many acres around a gas well, compared to an oil well. And as geology can change over time, so can a well’s produc-
tion. The Railroad Commission can also initiate a reclassification itself, if production data shows a change is appropriate. But the tax credit can make reclassification particularly attractive for operators.
A BIG INCENTIVE The policy has sparked debate in Austin for years, with proponents arguing that it keeps drillers in Texas, where the standard severance tax rate is higher than inmost states. Critics say the incentive needlessly pads companies’ bottom lines without encouraging more production. The recent oil-to-gas shift has fine-tuned the questions lawmakers and others are asking. Should reclassified wells be eligible for credits just once they are switched, or should the credits apply to every year since they were drilled — as current policy allows? To answer that question, officials should look at whether the provision keeps wells — oil or gas — pumping across Texas, Darby said. “As oil prices continue to decline, you’re going to have the struggle every day,” he said. “If it leads to continued production, then over-
all, that it is a positive impact to the state.” James LeBas, an economist with the Texas Oil and Gas Association and a former chief revenue estimator in the comptroller’s office, said it makes sense that companies could claim credits from years past. That’s because a successful reclassification essentially acknowledges that the original category was incorrect. Operators drilled some wells in spots originally thought to be richer in oil, he said, but additional geological study and production data later proved otherwise. “The wells that are being reclassified were never oil wells to begin with. They may have been misclassified as oil wells,” he said. “The wells we’re talking about were gas wells all along.” Others say that retroactively awarding the credit to reclassified wells hardly fit the policy’s original intent. “It is just a complete give away, in my opinion,” said Jim Bradbury, a Fort Worthbased lawyer who focuses on environmental and energy issues. “The whole theory was that we needed to incentivize risky production.”
A RAILROAD COMMISSION DEBATE These questions come as
the Railroad Commission weighs a pair of cases that could arguably make it easier for companies to ask for oil-to-gas switches. Usually, operators submit such requests by filling out individual forms for each well. But Oklahoma City-based Devon Energy wants to simultaneously reclassify hundreds of its wells. That comes through a broader application to change drilling rules on two Eagle Ford fields. The request specifically lists more than 200 wells that the company wants permanently switched. It also asks the commission to drastically lower the gas-tooil ratio needed to categorize a well as a gas well. That would only add to the number. Ramona Nye, a commission spokeswoman said, it would be “premature” to speculate how many wells would be affected. A final decision could take months, following a hearing that was held in November. Agency hearing examiners must make a recommendation to the agency’s three commissioners, who will ultimately vote on it. Devon did not respond to repeated requests for comment. Meanwhile, Pioneer Natural Resources is asking the
commission to classify all 11 wells on one of its Eagle Ford units as natural gas. That includes two wells that the agency says don’t fit the requirements. In an October report, agency hearing examiners called on the commissioners to reject the application, criticizing the Irving-based company’s methodology for testing the wells — and its argument that some should be considered gas wells simply because of their proximity to other gas wells. Approving the application would “deviate from longstanding commission practice,” examiners wrote, adding that an “unstated rationale behind Pioneer’s application,” appeared to be the generous tax credit. The company disagreed with the examiners’ report, and said its request would benefit mineral owners, too. “Pioneer feels the data developed in the Eagle Ford supports its position,” Robert Bobo, a spokesman, said in an email. At an open meeting last week, the commission delayed a final vote on the Pioneer case, saying that evidence to be submitted in the Devon case could ultimately inform their decision. “This is an extremely technical question, and it’s an extremely important question,” said Chairman David Porter.
12A THE ZAPATA TIMES
WEDNESDAY, DECEMBER 23, 2015