March 29, 2006, West Brook High School bus crash

I first met Brad Brown and Steve Forman in the summer of 2010, driving four hours from Austin to Beaumont. Both men were goofy in their own ways, joking around before the interview began. They seemed like great dads, and it saddened me to know we would soon be picking apart the details of an emotional wreck that involved their teenage daughters.

On March 29, 2006, what was meant to be a 70-mile trip to a soccer tournament turned into something the town of Beaumont and West Brook High School will likely never forget. The bus carrying a team of more than 20 girls swerved, trying to avoid debris from a truck on a rainy U.S. 90 in Liberty County and overturned. There were no seat belts on board.

Brown’s 16-year-old daughter, Ashley, was one of two girls killed in the crash, thrown from her seat (Alicia Bonura, 18, also died). Forman’s daughter, Allison, 17, was severely injured, trapped under the bus for more than an hour before rescue.

My original story with these parents came just before the law they helped create went into effect. After the accident, they had worked with the state legislature to require all new school buses purchased in Texas to have lap-shoulder belts – something they felt could have prevented their tragedy. The requirement would remain in place, as long as funding was available.

West Brook High girls soccer team, 2006

Over the years since, the state’s financial situation shifted, forcing all agencies to make drastic cuts. The Texas Education Agency, which administered the fund, slashed its amount from $10 million to what was eventually $2.5 million.

That was the story in 2010. We reported why the program was dealt this blow. Slow implementation of certain guidelines by the Texas Transportation Institute and the Legislative Budget Board, then severe accounting decisions by TEA. The remaining funds were not what those parents had in mind, but at least they could help some schools out.

Two years later, I began to wonder what happened to the money, whether districts had taken advantage of what the state was offering. To my surprise, only 12 districts had applied for the funding. Even more surprising – only four of those districts received the money, and their total sum was less than $500,000.

Gov. Rick Perry visits a bus crash memorial outside West Brook High in 2007, signing the seat belt law on site. (Dave Ryan, AP/HC)

Over the course of three months, numerous public information requests, and thousands of records, the next part of this story began to develop. The reason many of the districts did not receive funding – they did not submit all of the proper paperwork. TEA had no record of telling those districts why they would not be awarded the grants or what they could do to complete their application to obtain the funds.

A few of those districts ended up eventually buying new buses without belts, because they did not have access to that extra funding. Putting belts on buses can be about $6,500, in addition to at least $60,000 for the bus itself – not cheap, at all.

Most of the “unclaimed” $2 million remaining was swept into other programs TEA deemed priorities – fine arts, early childhood, and English language proficiency. After we revealed those discoveries to Sen. Eddie Lucio, D-Brownsville – the lawmaker behind this program – he saw how his work with those Beaumont families years ago was falling apart. He now plans to call on TEA to reconsider the program and also ask the legislature to re-fund it.

Allison Forman

Two years since our initial interview, I traveled back to Beaumont to talk to Brown and Forman again. It had been six years since the accident, and they are still dealing with the aftermath. Forman’s daughter, Allison, is living with the effects of her injuries. Her left arm is now fused at an angle, and she has limited use of her hand. As Brown moved past that point of the interview, he started to light up when speaking about Allison’s future. Last year, she graduated from Texas A&M with a degree in architecture. She is now working on her graduate studies in Austin and preparing for her wedding this fall.

Ashley Brown

Turning to Brown, it was clear the future was something he had considered many times over the years. When asked what he thought his daughter, Ashley, would be doing now if she had survived the wreck, he said he “gave up on the ‘what if’ game long ago.” Wondering about Ashley’s future would not change anything. Real change, he said, would only come by keeping her memory alive with this law. Like Lucio, he plans to work toward its restoration next session to make sure no parent ever has to experience his pain.

“Just saw you on Colbert LOL!!!” one text read.

A Facebook message read, “On the laptop, hear the voice and say, ‘I know that voice.’ Look up. ‘Hey! It’s Josh!’”

Oh no! I love the Colbert Report, but I also know how Stephen Colbert likes to playfully attack journalists from time to time. Please, not me! I can be a good sport but can also be a little sensitive. I’d just have to wait and see when it re-aired later that evening.

I laughed when I saw how harmless it was. As I had figured out by that time, it was referencing a story I’d recently done about a UT student who started his own Colbert Super PAC – Texans for a Better Tomorrow Tomorrow:

Colbert: “Recently a University of Texas student, Paul Benefiel, wrote me, asking for help starting his own Super PAC on his campus. Mr. Benefiel explained his motivation to KXAN, Texas’ News Leader.

Hinkle: “Armed with his own Super PAC to battle other Super PACs, Benefiel’s already setting his sights on Texans like Gov. Rick Perry and Congressman Lamar Smith.”

Benefiel: “There is no better place to start something like this than Austin, Texas.”

Hinkle: “This is the first of Stephen Colbert’s Super PACs to hit a college campus. Now, it’s at the University of Missouri and also Purdue, and it continues to spread to other college campuses nationwide.”

Colbert: “Yes, I’ve planted a seed in Austin, Texas, and I’m sure no one will take what I’m about to say out of context. I want to spread my seed around a lot of colleges.”

A clip of the story, including my standup. I got off easy, and the piece was hilarious. Needless to say, the messages kept coming in, and people seemed to enjoy it. Kind of cool, I guess.

Watch the entire episode. | View the segment. | See the original story below.

Courtesy: The Tonight Show with Jay Leno/NBC Universal

Just call him “Bulldog.” Rep. Ron Paul, R-Texas, revealed his pick for a Secret Service nickname Tuesday night on the Tonight Show with Jay Leno. However, Paul told the comedian he had dismissed the opportunity for that extra security, because an “ordinary citizen” should not expect tax payers to ante up.

“You know, you’re having the taxpayers pay to take care of somebody,” Paul said. “I’m an ordinary citizen. I would think I should pay for my own protection. And it costs, I think, more than $50,000 a day to protect those individuals. That’s a lot of money.”

GQ reported this week that both former Massachusetts governor Mitt Romney and former Pennsylvania senator Rick Santorum have tapped the Secret Service for protection. Romney’s nickname is “Javelin,” while Santorum goes by “Petrus.”“Bulldog” finished third in Tuesday’s Illinois primary. He currently runs fourth in the pack of four GOP presidential candidates:

1. Mitt Romney (552 won, 592 needed)
2. Rick Santorum (249 won, 895 needed)
3. Newt Gingrich (135 won, 1009 needed)
4. Ron Paul (71 won, 1073 needed)

Sen. Mike Jackson, R-La Porte, serves as Texas Acting Governor

For 15 days, Texas Sen. Mike Jackson, R-La Porte, got a taste of what it is like to be the state’s governor… a small taste though. While Gov. Rick Perry was out of state on the presidential campaign trail (he dropped out of the race Thursday), the duty to lead has fallen to Jackson – the Senate president pro tempore – from time to time, thanks to a section of the Texas Constitution written well over a century ago.

Perry’s office said he can still handle most of his tasks while away by cell phone and computer, but there are some things the “acting” governor must step in to oversee in person at home. For Jackson, such a circumstance has only arisen once since the title fell into his lap late last spring. On May 29, Perry’s office briefed Jackson on an upcoming execution of death row inmate Milton Mathis, because both the governor and Lt. David Dewhurst (who is in line to lead before Jackson) planned to be out of state for much of June.

“It’s really serious business, and I’ll be here in the event I’m needed.”

Milton Mathis (State of Texas)

The case before him was a controversial one. Mathis, 32, was sentenced to death in 1999, convicted of killing two people and critically injuring a third during a drug house shooting west of Houston. His sentence came three years before the U.S. Supreme Court ruled executions of the mentally retarded violated the Constitution’s prohibition on cruel and unusual punishment.

In 2000, the Texas Department of Corrections tested Mathis’s IQ in the low 60s, well under the level for mild mental retardation recognized in most states. In 2001, Perry vetoed a bill passed by the state legislature that would have banned the execution of the mentally retarded. In 2005, a Texas court rejected Mathis’ claims of mental impairment, and subsequent courts chose not to overturn the verdict.

Just weeks before Mathis was to be executed by lethal injection at the Texas Department of Criminal Justice in Huntsville, Jackson was spared that life-or-death decision of a pardon for Mathis, as his acting governor duties were no longer necessary. Due to the need for a special legislative session, Dewhurst canceled a planned trip to France in order to remain at the State Capitol.

Perry’s office reportedly said the governor could not offer Mathis clemency or a reprieve without a recommendation from the Texas Board of Pardons and Paroles, which had rejected that possibility. The Supreme Court also rejected a final request for a stay of execution by Mathis’ attorneys. He was pronounced dead at 6:53 p.m. on June 21.

“(It was) a decision that I would really rather not have to make,” Jackson said.

Chief Justice J. Woodfin Jones (Texas Third Court of Appeals)

Just six people stand between J. Woodfin “Woodie” Jones and Gov. Rick Perry. Six people, thanks to a 52-year-old provision of the Texas Constitution. The 1959 Emergency Interim Succession Act made sure his exact position in government put him in line to lead the state under certain circumstances.

“I think the chances are zero,” Jones laughed when I phoned his office Wednesday. “I wouldn’t even call it close to remote.”

True, a lot of things would have to happen before such a scenario could take shape. As Chief Justice of the state’s Third Court of Appeals, Jones is part of the acting governor system. Since 1876, if the governor was out of state, the chain of command fell to the lieutenant governor, then the Senate president pro tempore.

Years later, more positions were added to the succession: Speaker of the House, Attorney General, and then the 14 Chief Justices of the Texas Courts of Appeals in numerical order.

“It is curious why they would jump branches of government,” Jones said. “Whoever thought of this probably didn’t realize that judges aren’t always particularly knowledgeable or interested in something a governor might have to do. I’d have to be a quick study.”

Jones was first elected as a Justice of the Third Court of Appeals in Austin in 1988, serving until the end of 2000. He was elected Chief Justice of the court in 2008.

He is the first Democrat in the current chain of command below Perry. In fact, the two Justices before him – Sherry Radack of the First Court of Appeals and Terrie Livingston of the Second Court of Appeals – are Republicans originally appointed by Perry to their current roles on the bench.

“I’m sure I would disagree to some extent,” Jones said, when asked how his decisions as governor would differ from Perry’s. “But nothing jumps out to me that I’d want to call a special legislative session.”

In all reality, the likelihood he would ever have such an opportunity is very slim. During Perry’s recent time out of state on the presidential campaign trail, Lt. Gov. David Dewhurst has usually filled in, though the duty has fallen to Sen. Mike Jackson, R-La Porte (Senate president pro tempore) for 15 days and Speaker Joe Straus, R-San Antonio, for just one day.

Jackson only came close to one gubernatorial task, so far – being briefed about an upcoming execution. However, Perry and Dewhurst were back in the state before he had to make a decision about a pardon.

If the duty ever fell far enough to reach Jones, it likely would not last long. The acting governor system is meant to be temporary.

“It’s all quite complex,” Jones said. “Kind of humorous to think I could be governor but probably something I’ll never have to worry about.”

What if Perry was elected president?

In that case (though Perry bowed out of the race Thursday), instead of relying on the acting governor system, the lieutenant governor would automatically take the helm (unless, of course, he wins his current U.S. Senate campaign). Members of the State Senate would then have to elect one of their own to serve as lieutenant governor within 30 days.

This happened in 2000 when Gov. George W. Bush won the presidential election, and Lt. Gov. Rick Perry became governor. Sen. Bill Ratliff, R-Mount Pleasant, was then elected by his fellow Senators to become lieutenant governor.

In an effort to take the seat Sen. Kay Bailey Hutchison is leaving behind, that trio plus two other confirmed candidates will take the stage. With so many people in the mix, it is very possible no candidate will receive a majority of the vote, and a runoff will likely be necessary between the top two.

(L to R) David Dewhurst, Ted Cruz, Tom Leppert

David Dewhurst

He is one of the wealthiest people in Texas politics and currently holds the state’s second highest elected office. As lieutenant governor, his name recognition and money have pushed him to the front of this race, not to mention a recent high-profile endorsement by former Arkansas Gov. Mike Huckabee. His campaign also points out that he, along with other candidates, will take part in a March 2 debate in Dallas hosted by WFAA.

• Individual Contributions: $2,456,934
• Candidate Loans: $2,000,000

Ted Cruz

The former Solicitor General of Texas has become a Tea Party favorite and grabbed noteworthy endorsements by several big-name conservatives like Dr. James Dobson, Sen. Jim DeMint, and Sen. Rand Paul, not to mention conservative organizations like National Review and Red State. Also on his side – the recognition he has after arguing before the U.S. Supreme Court, including one case where he defeated the Obama administration.

• Individual Contributions: $2,753,833
• Candidate Loans: $70,000

Tom Leppert

He is the former mayor of Dallas, which brings a great deal of attention to his candidacy from that area of the state. Leppert also has a great deal of personal money to spend out on the trail, but he has yet to catch up to Cruz and Dewhurst as one of the top competitors in this race.

• Individual Contributions: $2,462,297
• Candidates Loans $2,600,000

While Cruz and Dewhurst have taken center stage, beyond Leppert there are other candidates to watch in this race. Those also attending the debate include:

Craig James (ESPN)

Craig James

He arrived late in the race just last month but has plenty of face recognition. He is a former Southern Methodist University football star and later a professional player with the New England Patriots of the National Football League and the Washington Federals of the United States Football League. Most recently, he is often seen on ESPN as a sports analyst.

Glenn Addison (Campaign Photo)

Glenn Addison

He and his wife own a few funeral homes and cemeteries in the Houston area. He resigned from the Magnolia Independent School District board last month to devote more time to his campaign, though he has yet to gain much attention or money.

UNI Dome, site of next week's largest caucus in Iowa (University of Northern Iowa)

If you want to know how serious the Iowa Caucus is for voters there next Tuesday, just turn your attention to the Black Hawk County Republicans. During this presidential race, they will hold the largest caucus in the state, which has come with its fair share of challenges.

“We tried it back in 2008 and it was a debacle,” Judd Saul, BHCR spokesman and Cedar Valley Tea Party leader, told KXAN by email Friday. “We expected 1,000, and 3,000 showed up. It snowed ten inches, and the candidates were blocked in snow and cars.”

This year, Saul expects 6,000 Republicans to turn out, so they will hold their caucus at the University of Northern Iowa’s UNI Dome in Cedar Falls.

Saul said, because of the sheer size of the event and concern from the Republican Party of Iowa, the Department of Homeland Security stepped in to oversee matters.

“This time, it’s at the largest venue in Black Hawk County and will be able to hold more than enough people,” he said, knowing all wards and precincts will be under one roof.

Traffic jam averted. Crowd secured. But what about the weather?

“(It’s) snowing (now) but not staying,” he added. “It’s supposed to 45 degrees on Tuesday.”

Check out the map below to see how organizers will squeeze everyone into the arena.

First, Perry’s app, labeled “Rick Perry Mobile” by Bridgetree, Inc., is free for download in the iTunes store, but users should be aware it is tailored for a “volunteer of the Rick Perry for President campaign,” according to its summary. Users must be registered at RickPerry.org to proceed.

The app gives volunteers the options of setting up canvasses in their areas, donating to the main campaign, or adding voters to the campaign’s list of supporters. That last option is perhaps the most convenient and powerful, as it allows the user to rope people into constant contact with what’s happening with Perry in the presidential race.

Paul’s app is labeled “R3VOLution” by William Mottl in the iTunes store. There is a $1.99 charge to download. It urges you to “Follow The Liberty Campaign movement spearheaded by Congressman Dr. Ron Paul with just a few touches of your iPhone, iPod Touch or iPad.

There is a disclaimer on this app that it is going back into development, but it appears up-to-date after download. While it is linked to RonPaul2012.com, this app is very similar to other unofficial candidate-related apps, offering categories like news, videos, issues, and an “about” section.

Gov. Rick Perry, R-Texas(Courtesy: Office of the Texas Governor)

Click on the link labeled “Retirees Who Return to Work” on Texas’ Employees Retirement System online, and a one-page document with the words “Publication under revision” pops up.

ERS tells KXAN the feature was taken offline on Dec. 16 – that’s the same day the Texas Tribune published a story that caused quite a stir about Gov. Rick Perry’s retirement.

“Perry officially retired in January so he could start collecting his lucrative pension benefits early, but he still gets to collect his salary and has in turn dramatically boosted his take-home pay,” the Tribune article stated. “Perry makes a $150,000 annual gross salary as Texas governor. Now, thanks to his early retirement, Perry, 61, gets a monthly retirement annuity of $7,698 before taxes, or $6,588 net. That raises his gross annual salary to more than $240,000.”

People asked KXAN whether ERS took down the web form as a result of the discovery in Perry’s latest presidential campaign finance report. ERS told us it was pure coincidence.

The agency’s communications and research director, Catherine Terrell, said the document instead needed several updates:

• Remove information about long term care, as no new enrollments would be allowed after Jan. 1
• Add information about Humana Medicare Advantage Plan, which goes into effect for retirees with Medicare on Jan. 1
• Update old ERS logo and branding

“It had nothing to do with the governor,” Terrell said. “We counsel people on their retirement. As far as I know, that’s what we did for him, too.”

While on the campaign trail in Iowa, Perry told the Tribune he did not find the process to be “out of the ordinary.”

“ERS called me and said, ‘Listen, you’re eligible to access your retirement now with your military time and your time and service, and I think you would be rather foolish to not access what you’ve earned.’”

Terrell explained that there are two retirement classes related to this matter. The “elected class” is for elected state officials (ESO) like state legislators, district attorneys and statewide elected officials. State employees are in the “employee class.”

“State law allows certain elected state officials to establish and transfer service from one class to the other, and to retire in one class and work, contribute and accrue service in a different class,” Terrell said.

Perry can eventually retire from both systems. Right now, he is retired from the “employee class,” and he will retire from the “elected class” when he leaves office.

“(Perry) receives annuity from employee class and continues to pay 6 percent of his salary into elected class as allowed by Texas law,” Perry’s campaign spokesperson Ray Sullivan told KXAN on Monday.

Perry can legally collect employee class annuity under the “rule of 80,” which means “the combination of (Perry’s) U.S. military service, state service and age exceeded 80 years and qualifies him for the annuity under Texas Government Code 813.503 as amended in 1991,” according to Sullivan in the Tribune article.

KXAN obtained a copy of ERS’ “return to work” document previously posted online and found, if Perry had only been in one class – the employee class – he would not be able to both collect retirement and resume earning his salary as governor.

The document said that employees’ retirement can be cancelled if they have promise of employment:

• IRS and ERS rules say that you cannot have a promise of employment with the State when you retire
• State law says you cannot return to work within 90 days of retiring

Terrell said the revised version of the ERS document would be available online Jan. 1.

Republican presidential candidates sing the National Anthem before the CNN/Tea Party Debate. (AP Photo/Chris O'Meara)

Perhaps you’ll be scratching your head before tonight’s GOP presidential debate, thinking, “Man, is this #11? Really, do we need to hear from them anymore?” Well, just wait. There are 13 more still to come, meaning we’re not even halfway. Click here to see the schedule.

If it seems like a lot, maybe you missed the primary debates in 2008. Without an incumbent, both parties had their fair share. The Republicans had 21, but it was the Democrats who might have had you wondering, “Really? Is this #26?” Just something to consider, if you’re already in debate overload.

2008 Republican Presidential Debates

• May 3, 2007 – Simi Valley, California
• May 15, 2007 – Columbia, South Carolina
• June 5, 2007 – Manchester, New Hampshire
• July 12, 2007 – Detroit, Michigan
• August 5, 2007 – Des Moines, Iowa
• September 5, 2007 – Durham, New Hampshire
• September 17, 2007 – Fort Lauderdale, Florida
• September 27, 2007 – Baltimore, Maryland
• October 9, 2007 – Dearborn, Michigan
• October 16, 2007 – Washington, D.C.
• October 21, 2007 – Orlando, Florida
• October 25, 2007 – Sioux City, Iowa
• November 28, 2007 – St. Petersburg, Florida
• December 9, 2007 – Miami, Florida
• December 12, 2007 – Johnston, Iowa
• January 5, 2008 – Manchester, New Hampshire
• January 6, 2008 – Milford, New Hampshire
• January 10, 2008 – Myrtle Beach, South Carolina
• January 24, 2008 – Boca Raton, Florida
• January 30, 2008 – Simi Valley, California
• February 2, 2008 – New York, New York

2008 Democratic Presidential Debates

• April 26, 2007 – Orangeburg, South Carolina, South Carolina State University
• June 3, 2007 – CNN 7:00pm EDT – Manchester, New Hampshire, Saint Anselm College
• June 28, 2007 – PBS – Washington, D.C., Howard University
• July 12, 2007 – Detroit, Michigan
• July 23, 2007 – CNN – Charleston, South Carolina, The Citadel
• August 4, 2007 – Chicago, Illinois
• August 7, 2007 – Chicago, Illinois
• August 9, 2007 – Los Angeles, California
• August 19, 2007 – Des Moines, Iowa
• September 9, 2007 – Coral Gables, Florida, University of Miami
• September 12, 2007
• September 20, 2007 – Davenport, Iowa
• September 26, 2007 – Hanover, New Hampshire, Dartmouth College
• October 30, 2007 – NBC 9:00pm EDT – Philadelphia, Pennsylvania, Drexel University
• November 15, 2007 – CNN – Las Vegas, Nevada
• December 4, 2007 – NPR (radio only) – Des Moines, Iowa
• December 13, 2007 – Johnston, Iowa
• January 5, 2008 – ABC 8:45pm EST – Manchester, New Hampshire, Saint Anselm College
• January 15, 2008 – MSNBC 6:00pm PST – Las Vegas, Nevada College of Southern Nevada
• January 21, 2008 – CNN 8:00pm EST – Myrtle Beach, South Carolina
• January 31, 2008 – CNN 5:00pm PDT – Hollywood, California
• February 2, 2008 – MTV 6:00pm EST – MTV Myspace Debate
• February 21, 2008 – CNN 7:00pm CST – Austin, Texas, University of Texas at Austin
• February 26, 2008 – MSNBC 9:00pm EST – Cleveland, Ohio, Cleveland State University
• April 13, 2008 – CNN 8:00pm EDT – Grantham, Pennsylvania, Messiah College
• April 16, 2008 – ABC 8:00pm EDT – Philadelphia, Pennsylvania