Friday, February 6, 2009

RETRACTION: HPV Vaccination Now Mandatory In Texas

As noted by readers and Sen. Eltife's staff, this story is indeed several years old, and the HPV Vaccination is NOT required for girls entering the sixth grade.

This story was assigned as a research project for a prospective reporter, and was not intended for posting. We apologize to our readers for the error.

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Four Guilty Pleas Last Week Result In Jail Time

Sentences handed down for Theft and DWI charges in the 115th

GILMER, TX, Feb. 5, 2009 -- Upshur District Attorney Billy Byrd reported that Judge Lauren Parish, 115th District Court, heard four guilty pleas on a variety of charges including Theft last Friday, and revoked the parole of two felons.

Pleas were heard and sentences handed down for the following:

Mary M. Hill, 41, of Gladewater, pled guilty and was sentenced to 15 months in state jail for Theft of Property.

John Allen Hubbard, 51, of Gilmer, pled guilty and was sentenced to three years in prison for a subsequent offense of Driving While Intoxicated.

Brent Banks, 19, of Hawkins, pled guilty and was sentenced to 30 days in the Upshur County Jail for Theft.

Andrew Latham Clark, 29, of Gilmer, pled guilty and received one year probation and was fined $726.00 for Fleeing.

The court also revoked the probations of Brenda Lee Chisum and Cruz Antonio Davis.

Chisum, 47, of Lone Star, was previously convicted of Forgery of Financial Instrument and will serve 18 months in state jail.

Davis, 22, of Ore City, will serve five years of prison time for Burglary of a Habitation.

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Thursday, February 5, 2009

Cornyn Amendment Challenges Obama On Military Spending

Sen. Cornyn: Fund The National Guard And Reserves, Not Acorn And STD Prevention

WASHINGTON, D.C., Feb. 5, 2009 -— U.S. Sen. John Cornyn (R-TX), is pushing for adoption of an amendment that would provide $2 billion in funding for the National Guard and Reserve forces.

A release by Cornyn's office today says that in recent years, these forces have faced substantial shortfalls in equipment, and the stimulus bill currently on the Senate floor contains no funding to remedy this problem.

The release says Sen. Cornyn’s amendment would eliminate $2 billion in wasteful spending and use the same amount to fund the purchase of new equipment for the National Guard and Reserve, providing them with much-needed modern equipment and better enabling them to meet mission and readiness requirements. In addition, this funding would have to be expended by the end of fiscal year 2010, providing a stimulative effect to the U.S. economy.

“Since 9/11, our National Guard and Reserve equipment is being worn out more quickly than anticipated. Even before that, our forces had equipment deficiencies and much of their equipment was substandard. My amendment provides critical funding for new National Guard and Reserve equipment, which would also directly benefit our nation’s homeland security missions and disaster response efforts, both of which are frequently assigned to National Guard forces. Importantly, this spending would be offset and not add to our unprecedented national deficit by removing billions of dollars in wasteful spending already in the current bill,” Sen. Cornyn said.

“In addition to this shortfall, it has been reported that the Obama administration is planning to reduce defense spending this coming year. At a time when our nation is involved in dangerous wars in both Iraq and Afghanistan, we must make sure our troops have every resource available to carry out their mission. My amendment is one step forward in ensuring our troops are equipped with the resources they need to be successful.”

According to the release, Sen. Cornyn’s amendment would be funded by eliminating $2 billion of wasteful spending in the current spending proposal by:
* Striking $1 billion for the Department of Commerce, Bureau of the Census, Periodic Censuses and Programs (Census 2010).

* Reducing by $400 million the General Services Administration, Real Property Activities, Federal Buildings Fund, for the conversion of federal buildings into “High Performance Green Buildings.”

* Striking $600 million for the General Services Administration’s Federal Acquisition Service, for the acquisition of high-efficiency motor vehicles for the Federal motor vehicle fleet.

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Wednesday, February 4, 2009

'Moment Of Silence' Law Upheld

Texas Solicitor General defends Moment Of Silence law

NEW ORLEANS, LA, Feb. 3, 2009 -- Texas Solicitor General James Ho appeared today before the U.S. Court of Appeals for the Fifth Circuit, where he defended young Texans’ right to begin each school day with the Pledge of Allegiance and a moment of silence. Under a 2003 law, Texas schools begin each morning with a minute of silence for students to “reflect, pray, meditate, or engage in any other silent activity.” A North Texas couple filed a lawsuit challenging the law, but that challenge was rejected by a federal district court. The couple appealed their loss to Fifth Circuit.

“The United States Constitution plainly protects young Texans’ right to observe a moment of silence before school each morning,” Attorney General Abbott said. “In an age where children are bombarded with distractions, beginning each school day with a moment of silence offers a welcome moment of quiet contemplation. The Solicitor General’s argument before the Fifth Circuit clearly articulated that the district court correctly rejected the plaintiffs’ argument and upheld Texas’ moment of silence law.”


In 2003, the Texas Legislature revised the moment of silence law to provide for the recitation of the state and federal pledges of allegiance before the minute of silence. The law permits students to, among other protected activities, “pray” during this quiet time, or engage in “any other silent activity that is not likely to interfere with or distract another student.”

Defending the moment of silence law, the state’s brief argues that, “by providing a patriotic and contemplative context for the minute of silence, Senate Bill 83 plainly serves secular rather than religious purposes.” The brief also said: “the purpose of these exercises is plain – to foster patriotism and provide an opportunity for students to engage in thoughtful contemplation.”

Solicitor General Ho said: "Texas law simply provides students with a quiet minute of contemplation at the start of each school day. Allowing students to make a personal, private decision about their use of that time is entirely constitutional. In fact, the concept of a moment of silence originates with Justice William Brennan, who suggested that schools adopt 'a moment of reverent silence at the opening of class' in his concurring opinion in Abington School District v. Schempp (1963)."

In January 2008, a federal district judge rejected a North Texas couple’s claim that the law was unconstitutional. Today’s Fifth Circuit argument stems from the plaintiffs’ appeal of the district court’s adverse ruling. Last month, a federal district court in Illinois struck down that State’s moment of silence law.

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Braums Recalls Peanut Butter Ice Cream

Company issues voluntary recall of Peanut Butter Pretzel flavored ice cream

TUTTLE, OK, Feb. 3, 2009 -- Braum’s Ice Cream and Dairy Stores is voluntarily recalling one flavor of Premium Ice Cream - Peanut Butter Pretzel - because it may contain peanut ingredients that have been voluntarily recalled by one of our suppliers, Pecan Deluxe Candy Company. This recall is due to the expanded investigation of Peanut Corporation of America (PCA) by the U.S. Food & Drug Administration (FDA).

The voluntary recall of Braum’s Premium Peanut Butter Pretzel Ice Cream includes half gallons, three pint cartons and 3 ½ gallon squares:
* Premium Peanut Butter Pretzel Ice Cream - Half Gallon Carton (UPC Code 400000001098)

* Premium Peanut Butter Pretzel Ice Cream - Three Pint Carton (UPC Code 400000021096)

* Premium Peanut Butter Pretzel Ice Cream - 3 ½ Gallon Squares (No UPC Code-Not Sold Retail)

Peanut Corporation of America (PCA) is the current focus of an ongoing Salmonella investigation by the United States Food & Drug Administration (FDA). In January, the FDA expanded its investigation to include all peanuts processed by the PCA at its plant in Blakely, GA., since January 1, 2007. This includes dry and oil-roasted peanuts, granulated peanuts and peanut meal, in addition to peanut butter and peanut paste, which was the initial focus of the investigation.


This recall does not include any other flavors of Ice Cream, Frozen Yogurt, or Sherbet produced and sold by Braum’s. Braum’s Ice Cream and Dairy Stores are located in Arkansas, Kansas, Missouri, Oklahoma and Texas.

Consumers who have purchased Braum’s Premium Peanut Butter Pretzel Ice Cream may return it to any Braum’s store for a full refund or exchange. Consumers with questions may contact Braum’s Customer Service at 800-327-6455.

Consumers with questions or concerns about their health should contact their physician.

Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

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Tuesday, February 3, 2009

Gov. Perry Designates Emergency Items for Legislature

Emergency designation allows lawmakers to consider items in first 30 days of session

AUSTIN, TX, Feb. 3, 2009 -– Gov. Rick Perry today declared emergency items for the 2009 legislative session. The emergency designation will allow lawmakers to begin considering these issues in the initial 30 days of the legislative session.

The emergency items include:

* Legislation to provide supplemental appropriations to state agencies and institutions related to hurricane response and recovery associated with the hurricanes of 2008;

* Legislation to assist public and private entities with recovery from the hurricanes of 2008;

* Legislation to reform the Texas Windstorm Insurance Association (TWIA) and legislation to fund the Catastrophe Reserve Trust Fund related to TWIA;

* Legislation to improve state schools and centers operated by the state of Texas; and

* Legislation to appropriate funds to the Texas Department of Criminal Justice for the purchase and use of screening and detection devices for contraband and personnel, as well as comprehensive security equipment.

“By designating these items emergencies, lawmakers are able to begin considering these important issues relating to the safety, security, recovery of our state,” Gov. Perry said.

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Texas Company Joins Peanut Butter Recall

Austinuts Wholesale, Inc. Announces Voluntary Recall Of Honey Roasted Peanuts And Sweet & Spicy Snack Mix

MANOR, TX, Feb. 3, 2009 -– As a result of the expansion of Peanut Corporation of America’s (PCA) recall to include all peanuts and peanut ingredients processed in their Blakely, Georgia facility since January 1, 2007 due to the possibility to be contaminated with Salmonella, Austinuts Wholesale, Inc. has issued a voluntary recall for the following products:

* Honey Roasted Peanuts, UPC 798612-19004, UPC 798612-19008 and UPC 798612-19025, all lot numbers beginning with the letter “P” and ending with the code “19000PB”, or any product labeled “Honey Roasted Peanuts”

* Sweet & Spicy Snack Mix, UPC 798612-24208, All lot numbers beginning with the letter “P” and ending with the code “24200PB”

No other Austinuts’ products are part of this recall. No illnesses have been reported to date in connection to the above products. This voluntary recall is being issued out of an abundance of caution due to possible Salmonella contaminated ingredients from PCA’s Blakely, Georgia facility.


No other Austinuts’ products are part of this recall. No illnesses have been reported to date in connection to the above products. This voluntary recall is being issued out of an abundance of caution due to possible Salmonella contaminated ingredients from PCA’s Blakely, Georgia facility.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. For more information on Salmonella, please visit the Centers for Disease Control and Prevention’s Website at http://www.cdc.gov.

The Honey Roasted Peanuts were distributed nationwide and the Sweet & Spicy Snack Mix was distributed in Texas. Retailers have been advised to remove all of these products from store shelves, regardless of code date. Consumers having any of these products are urged to destroy them. Consumers with any other questions may contact Austinuts Wholesale, Inc. (800) 404-6887 ext. 215. Consumers with questions or concerns about their health should contact their doctor.

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Hutchison, Cornyn Vote Against Holder Nomination

President Obama's nomination for Attorney General confirmed 75-21, despite Texan "nays"

WASHINGTON, DC, Feb. 2, 2009 -- Eric Holder, President Barak Obama's choice for Attorney General, was confirmed yesterday on a 75-21 vote, confounding intense lobbying efforts of gun rights groups across the country.

Both Texas Senators Kay Bailey Hutchison and John Cornyn voted against Holder's appointment, which passed with the support of all 54 Democratic senators voting, both Independents, and 14 Republican senators.

On her vote against Holder, Hutchison said "One of the most important liberties we have under the Constitution is an individual’s right to keep and bear arms, guaranteed in the Bill of Rights. I am deeply concerned about Eric Holder’s expressed view that the Second Amendment is a collective right that does not specifically apply to individuals.

"He stated in a brief to the Supreme Court that ‘the Second Amendment does not protect firearms possession or use that is unrelated to participation in a well-regulated militia.’ This interpretation would allow a local or state government to ban handguns that thousands of people own today for protection of their homes. His position stands in opposition to the Supreme Court’s 2008 ruling that affirms the right to bear arms as an individual right protected by the Constitution,”

“The Attorney General must enforce the laws of the land and advise the President on legal and constitutional matters. I believe Mr. Holder is an intelligent, experienced, and thoughtful candidate. But after careful examination of his public statements and positions on constitutional liberties, such as the Second Amendment, I could not in good faith support his nomination to the Office of Attorney General.”

Senator Cornyn did not issue a statement regarding his vote.

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Crime Stoppers After Ore City Burglars

Information on the Newsom's Grocery Store robbery could be worth $1000.00

GILMER, TX, Feb. 3, 2009 -- On Friday, the 30th of January 2009, sometime between the hours of 1:30 am and 6:30 am, Newsom`s Grocery Store in Ore City was burglarized. The actor and/or actors entered from the rear of the building.

The A.T.M. machine was burglarized and approximately $5,800.00 in twenty dollar bills was taken. The store office was also broken into and approximately $1,400.00 in bills and coins were removed, as well as approximately 20 packs of Black and Mild cigars valued at $51.80.

Upshur County Crime Stoppers will pay up to a $1,000.00 reward for information leading to the arrest and conviction of the individual(s) responsible for this crime.

If you have any information please contact us at 903-843-3131 or toll-free 1-800-396-3351. You can also use the "Give a Tip" link from their website at http://upshurcounty.crimestoppersweb.com/index.aspx.

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Monday, February 2, 2009

Upshur County Fuel Price Update - Feb. 2, 2009

Upshur unleaded gas prices are eight cents below the average for the Midwestern states, and ten cents below the national average. Diesel is a nickel below the national average, and even with the Midwestern average.


Click graphic to enlarge view.
Provided by the Energy Information Administration.















Local Gas and Diesel Prices 01-26-09




































CityUnleadedPremiumDiesel
Big Sandy1.7992.0792.199
Diana1.7892.0992.209
Gilmer1.7491.9992.199
Ore City1.7992.0992.199

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Sunday, February 1, 2009

Iridian Rodriguez Found, Amber Alert Cancelled

Tyler Police announce 11 year old girl found in Mexico. Abductor still at large.

TYLER, TX, Jan. 31, 2009 -- According to a notice from the BeyondMissing website, Iridian Julissa Rodriguez was found safe in Mexico today.

Text of the notice follows:

Found person: Iridian Julissa Rodriguez
Date missing: 01-24-2009 11:00 PM
Date found: 01-31-2009

Iridian Julissa Rodriguez was located in Monterrey Nuevo Leon Mexico and is now safe with a family relative. The suspect Enrique Vasquez is also in Mexico and has not been taken into custody,his whereabouts is unknown at this time.

The Tyler Police Department and family would like to express our thanks for all Law Enforcement agencies, Missing Child Alert agencies, Media outlets and Public for their for their efforts in assisting us with information to help locate the missing 11 year old girl.

For more information, visit http://www.beyondmissing.com

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