BILL TO FREE 13 PASSES HOUSE

Senate OK Seen As Routine

AUSTIN -- With time running short for the Legislature, the House has
approved a backup bill to free 13 people who remain in prison from the
controversial Tulia drug sting.

The legislation, which would permit a state district judge to release all 13
on bond while the Texas Court of Criminal Appeals deliberates their cases,
now returns to the Senate, which already has approved a similar bill and is
expected to pass this one as well.

The Senate's endorsement would send the measure to Gov. Rick Perry.

Forty-six Tulia residents, 39 of whom are black, were arrested in the 1999
drug sting, and 38 were convicted on the testimony of since-discredited
undercover officer Tom Coleman.

Retired state District Judge Ron Chapman, who presided over an evidentiary
hearing in March, concluded that Coleman was guilty of "blatant perjury"
during the prosecutions. Chapman recommended that the Court of Criminal
Appeals overturn all the convictions.

A special prosecutor has said the cases would be dismissed if new trials
were ordered. But it could take the appellate court as long as two years to
complete its review of the cases, some legislators and lawyers believe.

Sen. John Whitmire, D-Houston, responded by filing Senate Bill 1948, which
would allow the bonds to be set. That bill was unanimously approved by the
Senate on May 14 and is set for routine approval Wednesday on the House's
last "local and consent" calendar of the session. Such special handling is
reserved for noncontroversial legislation.

Not wanting to take any chances, however, Rep. Terry Keel, R-Austin, tacked
identical language onto another criminal justice bill by Whitmire that won
House approval on Sunday.

The only difference between the two, Keel said, is that Senate Bill 1948,
Whitmire's original Tulia bill, could go into effect immediately once the
governor signs it. The backup measure, Senate Bill 826, wouldn't go into
effect until Sept. 1.

Keel said he still expects to win House approval of the original bill but
wanted some insurance since the session ends Monday.

"I know of no opposition to the bill," Keel said.

Whitmire said he expects to win Senate approval of the backup bill. He said
passage of the legislation, in one form or another, was his "highest
priority.