'TULIA PROPOSAL' ON OFFICER MISCONDUCT LETTERS HEADS TO SENATE

AUSTIN - A measure filed in response to the controversial 1999 drug bust
in Tulia passed its first hurdle in the Texas Legislature and is on its
way to the full Senate.

Senate Bill 1583, sponsored by Sen. Leticia Van de Putte, D-San Antonio,
would make letters that describe certain substantiated claims of an
officer's criminal misconduct to the Texas Commission on Law Enforcement
Officer Standards and Education open to public inspection.

The measure was drafted as one of three Tulia Proposals, legislation
drafted by the Texas chapters of the American Civil Liberties Union and
the National Association for the Advancement of Colored People in
response to a controversial 1999 drug bust in Tulia.

Of those arrested, most were black and received lengthy prison terms
based on the word of undercover agent Tom Coleman, whose reputation has
been tarnished with the appearance of a letter to the agency from his
previous employer in Cochran County.

During a Senate Criminal Justice Committee meeting, members viewed a
20/20 news segment about the drug bust.

"I observed the entire committee and staff look on in horror, and with
that, the bill swept through the committee," said Will Harrell,
executive director of the Texas Chapter of the ACLU.

The bill is scheduled to be heard in the House Committee on Urban
Affairs next week, and Harrell said several Republican members have
already expressed their support for the measure.

The remaining two proposals, which require corroborating evidence for an
undercover agent's testimony and restrict a judge's ability to exclude
evidence, are pending in the House and Senate.

But just this provision alone wouldn't necessarily stop another botched
drug investigation, Harrell said.

Harrell said substitutes for the bills will be presented, likely within
the next two weeks. The amended versions address narcotics
investigations exclusively, Harrell said.

Prosecutors had legitimate concerns that the measures could hinder rape
and murder investigations, he said, but drug operations require special
oversight and accountability.

"By their very nature, they are conducted outside the reach of strong
accountability and oversight. Also, the 'Drug War' and its massive
amount of money create a nearly irresistible temptation for corruption.
We think that calls for special protection," Harrell said.