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More South Texas police chiefs come out against border security bill
April 26, 2007

More police chiefs from South Texas have come out against key aspects of HB 13, the $100 million border security legislation supported by the House leadership and Gov. Rick Perry.

Written by Melinda Barrera, Rio Grande Guardian

AUSTIN - More police chiefs from South Texas have come out against key aspects of HB 13, the $100 million border security legislation supported by the House leadership and Gov. Rick Perry.

Last week, Del Rio Police Chief Waylon Bullard made clear his concerns to the Guardian. Now, 12 other police chiefs have joined Bullard in penning a letter to legislators.

"In our opinion, HB 13 is severely flawed as written and needs to be amended before it can begin to serve the purpose it claims to serve, which is the protection of the citizens of this state," the police chiefs write.

"We must note that our interpretation of HB 13 leads us to believe that we will be required to enforce federal immigration laws. While we currently cooperate with the federal agencies regarding this matter, we do not feel we are equipped in terms of training or manpower to enforce federal immigration laws as HB 13 requires."

The letter is signed by Police Chiefs Fred Garza of Uvalde, R.L. McVay of Castroville, Eden N. Garcia of Falfurrias, John V. Martinez of Hondo, Andrew W. Aston of La Coste, James W. Bush of Somerset, Vance E. Roberts of Three Rivers, Ray Garcia of George West, Ricardo Torres of Kingsville, Jose H. Garcia of Roma, Carlos Peña of Robstown, Daniel J. Bueno of Alice, and Bullard.

A lot of the money in HB 13 would go to pay overtime for sheriff's deputies utilized in border security "surge" operations.

On Tuesday, Perry announced that Operation Wrangler 3, the latest border "surge" operation, had reduced crime by 30 percent in El Paso County. Perry and El Paso County Sheriff's Office spokesman Rick Glancey praised the operation. "More boots on the ground, working together as a team, increases our safety and border security," Perry said.

El Paso Deputy Police Chief Eric Shelton questioned whether comparable time periods were being analyzed when collating the results of Operation Wrangler 3. "It would not make any sense to compare a 30-day period to a 45-day period," Shelton told the El Paso Times. Shelton said his department measured an overall crime reduction of about two percent during the month-long operation.

In their letter, the South Texas police chiefs also question the statistics and success rates claimed by Perry's Office of Homeland Security for various "surge" operations.

"Using the "surge" tactic may in instances temporarily reduce crime in an area while the operation is undergoing, but it in no way produces a sustained effort," the police chiefs write.

One of the main complaints the police chiefs have about HB 13 is the authority it gives the Governor's Office to develop, administer and execute programs that should be under a law enforcement agency.

"As law enforcement professionals, we believe it would be wise to transfer command and control of all of the border security and other activities of the Office of Homeland Security from the Office of the Governor to the Texas Department of Public Safety," the police chiefs write.

"DPS is best equipped to develop and administer these programs as well as the money it takes to run them, as they are the premier law enforcement agency in our state."

Another "major" concern the police chiefs have with HB 13 is the creation of a Border Security Council to decide where border security funding should go. Under HB 13, the council would comprise the heads of DPS, the Office of Homeland Security, and the Texas Border Sheriff's Coalition.

"We are not included in this decision-making process and feel this will directly and negatively affect our chances of obtaining funding through these programs," the police chiefs write.

"Municipal police departments, including those along the border, have been virtually shut-out by the border security programs so far administered by the Governor's Office of Homeland Security. We feel the current language in HB 13 will permit this practice to continue."

The police chiefs add that they were unaware of the existence of HB 13 until very recently and were never consulted on the matter. "This despite the fact that we, as municipal police chiefs, are responsible for the security and protection of the majority of people along the border area and across the state as a whole," the police chiefs write.

HB 13 is authored by Rep. David Swinford, R-Dumas, chairman of the House State Affairs Committee. It is expected to be debated on the House floor soon.

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