Gladewater Sex Offender Pleads Guilty To Failing To Register

Bradley Wayne Taylor, convicted of sexual assault in 1997 in Gilmer, plead guilty Wednesday to failing to register as a sex offender, and might receive 10 years imprisonment.

MARSHALL, TX, Jan. 14, 2009 -– United States Attorney Rebecca A. Gregory announced today that a 27-year-old Gladewater, Texas man has pleaded guilty to federal sex offender registry violations in the Eastern District of Texas.

Bradley Wayne Taylor pleaded guilty to failing to register as a sex offender, an Adam Walsh Act violation, today before United States Magistrate Judge Chad Everingham.

The Adam Walsh Act, which is found in 18 United States Code 2250, makes it a crime for a sex offender to travel in interstate commerce, and fail to register as a sex offender in the state where he plans to reside, work, or attend school.

According to information presented in court, Taylor was convicted of attempted indecency with a child sexual contact in 1996 in Galveston, Texas, and sexual assault in 1997 in Gilmer, Texas.

Taylor was notified by authorities that he was required to register as a sex offender. However, Taylor traveled in interstate commerce from Texas to Arkansas and failed to register as a sex offender with local authorities, in direct violation of the Adam Walsh Act. Taylor was indicted by a federal grand jury on Aug. 5, 2008.

Taylor faces up to 10 years in federal prison. A sentencing date has not been set.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.

Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the United States Marshals Service and prosecuted by Assistant United States Attorney Denise Simpson.

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CEM-Infected Stallion Confirmed In Texas

The Texas Animal Health Commission (TAHC) reports that laboratory tests have confirmed that a stallion in Texas is infected with contagious equine metritis (CEM), a highly contagious venereal disease of horses.

The Texas-born quarter horse had spent the 2008 breeding season in Kentucky, where CEM was detected in a stallion during routine testing in mid-December.

As of January 15, a total of nine infected stallions have been detected: four in Kentucky, three in Indiana, and one each in Wisconsin and Texas. All of the infected stallions have epidemiological links to one or more CEM-infected equine during the 2007 or 2008 breeding season. State and federal authorities are continuing to seek the source of the infection.

At least 38 states are involved in a nationwide epidemiological investigation and testing of about 275 horses that may have been exposed to CEM through natural breeding or artificial insemination. The disease can be spread among stallions, if strict biosecurity measures are not maintained during the collection of semen.

CEM is not routinely spread through casual contact or shared boarding facilities, and horses can be treated with disinfectants and antibiotics to wipe out the infection. Potentially exposed and infected equine animals are being held under movement restrictions by state animal health authorities, until they test negative for the disease or they complete veterinary treatment and are certified as CEM-negative.

Currently, the TAHC is working with accredited private veterinary practitioners to test another stallion and 21 mares with potential exposure to CEM. In some cases, CEM may cause infected mares to abort.

CEM is not known to affect humans. The equine disease was first detected in the U.S. in 1978, then again in 1979. In both instances, the limited outbreaks were eradicated.

Additional national CEM information may be found on the USDA’s web site at:
http://www.aphis.usda.gov/newsroom/hot_issues/cem/index.shtml

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Gov. Perry: Texas' Workforce and Economic Development are Key to Prosperity

On the heels of bad economic news, governor emphasizes pro business climate and workforce development.

AUSTIN – Gov. Rick Perry today emphasized the need for continued conservative fiscal principles and strengthening of the state’s workforce to help bolster Texas’ economy as it begins to feel the strain of the national economic downturn. The governor spoke at the Texas Workforce Commission Economic Summit: Putting America Back to Work.

“As we move forward, we must ensure that the challenges of the financial downturn are handled with confidence and discipline,” Gov. Perry said. “With a recent revenue estimate that came in below working numbers, we must devote this legislative session to those programs and initiatives that make the biggest difference to Texans.”

The governor credited Texas’ low taxes, reasonable regulatory structure, and economic development incentives such as the Texas Enterprise Fund and Texas Emerging Technology Fund with creating jobs for Texans by attracting businesses to relocate to the state. Approximately 70 percent of the jobs created in the U.S. from November 2007-2008 were in Texas, with 7,300 jobs created in November 2008 alone. Texas’ unemployment rate is one point lower than the national average, and the state’s annual growth rate was 2.1 percent last year, compared to -1.4 percent nationally.

The governor also credited workforce programs such as the Skills Development Fund, which provides funding to community and technical colleges that prepare workers for skill-based technical jobs, with building the state’s capable and educated workforce.

“As we move into this legislative session, the biggest challenge we face is bolstering our state to withstand the economic crisis that has toppled businesses and economies around the world,” Gov. Perry said. “Fortunately, thanks to some tough decisions we made in 2003, Texas has not suffered as much as other states, but we must look ahead with an eye to responsibility and the best interests of Texans at heart.”

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County Practice Of Burying Dead Animals In Question

In the past, Upshur County has responded to calls to bury dead livestock on private property free of charge. That practice might be illegal, and is certainly in question.

GILMER, TX Jan. 15, 2009 -- At today's Commissioner's Court meeting, Commissioner Lloyd Crabtree (Pct. 3), called into question whether the county should be providing the service, and if the owners of the animals should be paying for it.

Acknowledging that were some instances that diseased animals might pose a health problem and need to be buried, he said that county workers were sometimes called upon on overtime to bury the animals.

County Road Administrator Bubba Pendarvis confirmed that he received calls to bury animals at all hours and on weekends, saying some residents were even setting up appointments to correspond to veterinarian visits to put the animals down.

Commissioner Joe Ferguson, (Pct. 2), stated he had looked into legal statutes regarding the issue in the past, and thought it might be illegal for the county to continue the practice.

County Judge Dean Fowler said he would look into the statutes involved, and instructed Pendarvis to limit the practice to normal working hours in the mean time.

In other court business, the Commissioners accepted high bids on all properties foreclosed on for tax delinquencies, and agreed to bring any issues involving roadwork they couldn't resolve with Pendarvis to the court as an agenda item.

The Commissioners assured Fowler that they had been able, thus far, to work with Pendarvis on roadwork needed in their precincts.

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Upshur County Hearing Results Jan. 5 - Jan. 9, 2009

Upshur County District Attorney Billy Byrd reports that the 115th Judicial District Court heard 11 guilty pleas for the period.

GILMER, Tx, Jan. 13 -- With Judge Lauren Parrish presiding, the court heard eleven criminal cases, all resulting in guilty pleas.

Michael Decco, 44, White Oak, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.

James Allen Bell, 32, Gladewater, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.

Daniel Wayne Porter, 21, Gilmer, TX
Theft
Pled guilty.

Shawn Heim, 17, Ore City, TX
Burglary
Pled guilty.

Dale Edwin Johnson, 52, Dallas, TX
Driving while intoxicated
Pled guilty.

David Lester Mcalhany, 49, Longview, TX
False statement to obtain credit
Pled guilty.

Gary Don Elliott, 42, Mt. Pleasant, TX
Theft
Pled guilty.

Louis Franklin Gilmore, 65, Pittsburg, TX
Aggravated sexual assault of a child, Indecency with a child
Pled guilty.

Josiah Andrew Mitchell, 18, Longview, TX
Burglary
Pled guilty.

Kimberly Bunch, 44, Big Sandy, TX
Theft
Pled guilty.

Sarina Danner, 21, Gilmer, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.

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Federal Grand Jury Indicts Gilmer Man On Drug And Firearm Charges

Mitchell Glenn Aills indicted for possession of methamphetamine and illegal handguns.

TYLER, TX Jan. 6, 2009 -— United States Attorney Rebecca A. Gregory announced that a federal grand jury returned indictments today charging multiple individuals in separate cases of federal violations in the Eastern District of Texas.

MITCHELL GLENN AILLS, 27, of Gilmer, Texas, is charged with possession of methamphetamine and firearms during a drug trafficking crime.

According to the indictment, DEA Task Force Officers and Upshur County authorities executed a search warrant in Upshur County, Texas and recovered approximately 1 oz. of methamphetamine and 2 handguns.

If convicted, Aills faces up to five years in federal prison for each charge.

The case is being investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Jim Middleton.

ANSELMO ESPINOZA-GONZALEZ, 35, of Longview, Texas, is charged with being an illegal alien present in the U.S. after deportation.

According to the indictment, Gonzalez, a Mexican national, was originally deported to Mexico in 1998 after driving while intoxicated. He reentered the United States on an unknown date and was convicted of the felony offense of Injury to a Child in Anderson County in 2001. He was arrested again in Anderson County in November and ordered detained pending these charges.

If convicted the defendant faces up to 2 years in federal prison. The case is being investigated by the Department of Homeland Security and the Bureau of Customs and Immigration Enforcement and prosecuted by Assistant U.S. Attorney Allen Hurst.

MICHAEL SHANE TALLEY, 24, is being charged with being a felon in possession of a firearm, and possession of an unregistered firearm.

According to the indictment, Talley was previously convicted in Anderson County of felony charges of manufacture and delivery of a controlled substance, and was subsequently found in possession of a weapon made from a shotgun in Anderson County after a traffic stop.

If convicted, Talley faces up to 10 years in federal prison. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration. Assistant U.S. Attorney Richard Moore is prosecuting the case.

EMILIO MARTINEZ-MAGDALENA, of Gregg County, has been charged with illegally being in the United States after having been previously deported.

According to the indictment, the defendant, a Mexican national, was originally deported to Mexico back in 2000 after an aggravated felony conviction for Injury to a Child out of Upshur County, Texas. He reentered the United States on an unknown date, and was charged with driving while intoxicated in Gregg County, Texas in early 2007. Immigration authorities physically found Martinez at the Bradshaw State Jail facility in Rusk County, Texas, on May 21, 2007. He was released from TDC to ICE custody in December of 2008.

If convicted, t he Defendant faces up to 20 years in federal prison. The case is being investigated by the Department of Homeland Security Immigration Customs Enforcement and prosecuted by Assistant U.S. Attorney Allen Hurst.

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Sen. Cornyn Supports Expanded Reimbursements for Incarceration of Criminal Illegal Immigrants

Texas senator teams with Dianne Feinstein to increase aid funding.

WASHINGTON, DC Jan. 8, 2009 -— U.S. Sen. John Cornyn, the top Republican on the Judiciary Committee’s Immigration, Border Security and Refugees subcommittee, today announced he will once again cosponsor legislation to expand the State Criminal Alien Assistance Program (SCAAP) to reimburse Texas communities for the cost of incarcerating criminal illegal immigrants.

Sen. Cornyn was an original cosponsor of this legislation in the 110th Congress. U.S. Sen. Diane Feinstein, D-CA, reintroduced the legislation, S. 168, today.

As it stands, SCAAP reimburses $24 million to Texas every year, but through this legislation, Sen. Cornyn is pushing for the expansion of this program to provide additional reimbursement to Texas communities who struggle to afford the costs associated with criminal illegal aliens in their cities.

“Our federal immigration system is deeply flawed and partisanship in Congress has prevented real reform. Even so, our law enforcement and border patrol personnel in Texas work tirelessly each day to enforce the rule of law and keep our neighborhoods safe. Local entities should not be forced to shoulder the financial burden associated with incarcerating and prosecuting criminal illegal immigrants. I’m please to lend my full support again to this important legislation to significantly expand SCAAP reimbursements for Texas communities who are doing their part to keep our state safe and secure,” Sen. Cornyn said.

“While this legislation is a much-needed step, we are still a far cry from addressing immigration reform in a comprehensive manner. With a new Congress and new leadership in the White House, I’m hopeful we can work together to tackle immigration reform as soon as possible. Further inaction is unacceptable and jeopardizes our national security.”

--- BYLINE

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Texas Comptroller Delivers First Local Sales Tax Allocations of 2009

Upshur County receives $63,000, Cities and towns share $131,000.

AUSTIN, TX Jan. 9, 2009 -- Comptroller Susan Combs announced today that the state collected $1.86 billion in sales tax revenue in December, up 2 percent compared to December 2007.

“State sales tax collections have grown 3.9 percent for the first four months of state fiscal year 2009,” Combs said. “Growth in overall collections has slowed compared to recent years, while remittances from key sectors such as construction and retail trade have declined.”

Combs sent cities, counties, transit systems and special purpose taxing districts their first sales tax allocations of 2009 — $459.2 million, up 2.4 percent compared to January 2008.

Combs sent January sales tax allocations of $309.9 million to Texas cities, up 2.2 percent compared to January 2008. Texas counties received sales tax payments of $29 million, up 8.2 percent compared to last January.

In addition, $18.3 million went to 148 special purpose taxing districts around the state, up 23.5 percent compared to last January. Ten local transit systems received $101.9 million in sales tax allocations, down 1.4 percent compared to a year ago.

December state sales tax collections and January allocations to local governments represent sales that occurred in November.

Upshur County and Cities Tax Allocations

City / County	Current Payment	2009 Total	2008 Comparable	% Change
Big Sandy	$20.580.00	20,580.00	22,123.89	-6.97%
East Mountain	$1,742.38	1,742.38	1,702.35	+2.35%
Gilmer	$97,673.71	97,673.71	92,857.82	+5.18%
Ore City	$10,859.77	10,859.77	8,279.78	+31.16%
Union Grove	$215.43	215.43	517.56	-58.37%
Upshur County	$63,069.87	63,069.87	55,715.75	+13.19

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More Emisions Clean-up Funding Available

TCEQ awarded $2 million for clean diesel projects

DALLAS, TX Jan 9, 2009 -- The North Central Texas Council of Governments has been awarded $1.5 million, and the Texas Commission on Environmental Quality will receive $500,000 from the Environmental Protection Agency to help reduce diesel emissions.

EPA and the Blue Skyways Collaborative awarded the grants as part of the National Clean Diesel Funding Assistance Program.

“Blue Skyways and the EPA clean diesel program are delivering cleaner engines and cleaner air for America’s heartland,” said EPA Regional Administrator Richard E. Greene. “This program gives communities another effective tool to improve air quality and public health.”

Communities will use the grants for clean diesel projects that significantly reduce emissions through the use of retrofit technologies, engine replacements, and idle reduction technologies.

Reducing emissions from diesel engines is one of the most important air quality challenges facing the country. Even with EPA's more stringent heavy-duty highway and non-road engine standards set to take effect over the next decade, millions of diesel engines already in use will continue to emit large amounts of nitrogen oxides, particulate matter and air toxics, which contribute to serious public health problems. EPA and the Blue Skyways Collaborative provide funding for projects to help reduce these heavy-duty diesel emissions.

The Blue Skyways Collaborative is a group of businesses, communities and government agencies spanning 10 states that work together voluntarily to reduce air pollution in North America's central corridor. With its 183 partners, the collaborative is implementing about $1.1 billion in projects that use innovations in diesel engines, alternative fuels and renewable energy technologies to reduce air emissions along major transportation corridors. These innovations save 76 million gallons of fuel per year, cut 1.6 million tons per year in greenhouse gases and reduce toxic air pollutants by 51,626 tons per year.

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Attorney General Abbott Defends Constitutionality Of Prayer During Presidential Inauguration

Abbott leads 50-state coalition in defense of prayer, presidential oath of office.

AUSTIN, TX Jan 8, 2009 -- Texas Attorney General Greg Abbott and a bipartisan coalition of Attorneys General representing all fifty states and the U.S. Virgin Islands today took legal action to defend the constitutionality of prayer during President-elect Barack Obama’s Presidential Inauguration.

In an amicus brief that was authored by Attorney General Abbott and filed with the U.S. District Court for the District of Columbia, the state Attorneys General also defended the President-elect’s right to say the words “so help me God” while reciting the presidential oath of office.

"Since President George Washington uttered the words ‘so help me God’ at his first inauguration in 1789, American presidents have a longstanding, historic tradition of invoking the Almighty at their inaugural ceremonies,” said Attorney General Greg Abbott. “Despite more than two hundred years of established tradition – and no legal precedent for their challenge – a group of activists have asked the courts to interfere with President-elect Obama’s right to pray and invoke God during his inauguration as forty-fourth President of the United States.

Today’s legal action reflects a concerted bipartisan, fifty-state effort to defend a constitutional acknowledgement of faith during an inaugural celebration.”

The states filed their amicus brief in an effort to defeat a legal challenge that activist Michael Newdow and several atheist organizations filed on Dec. 30, 2008. Their lawsuit claims that the longstanding inaugural traditions—prayer and an oath of office that includes the words ‘so help me God’—violate the First Amendment’s Establishment Clause.

Public acknowledgements of God at official functions have been customary since the nation’s founding. President George Washington began an unbroken, 200-year tradition when he inserted the phrase “so help me God” at the end of his oath of office in 1789. Today it is common for prayers and oaths invoking God to be incorporated into swearing-in ceremonies across the country. For example, Article XVI, Section 1 of the Texas Constitution provides that all appointed and elected officers shall take an oath of office – and that constitutional oath includes the phrase “so help me God.”

At the federal level, members of the United States Congress are also sworn-in using an oath that invokes the Almighty. When the 111th Congress convened Tuesday, the House and Senate Chaplains delivered a prayer just before Senators and Representatives recited an oath of office that incorporated the phrase “so help me God.”

The constitutionality of public acknowledgements of God by governmental institutions has been repeatedly affirmed by the United States Supreme Court. In Marsh v. Chambers, the high court upheld the constitutionality of opening every legislative session with a clergy-led prayer. As Justice Sandra Day O’Connor has noted, such religious observances are used for “solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society.”

Explaining the states’ legal position, Texas Solicitor General James Ho said: “Plaintiffs are not just challenging Presidential traditions; they are effectively attacking the laws and customs of virtually every state in the Union, including oaths of office in at least 20 state constitutions. But they are unable to cite a single state authority to cite their challenge. From daily prayers during legislative sessions to monuments on public property displaying the Ten Commandments, the United States Supreme Court has repeatedly upheld the constitutionality of official acknowledgments of faith."

The states’ brief in Michael Newdow, et al. v. Hon. John Roberts, Jr. reflects Attorney General Abbott’s latest effort to lead a multi-state defense of public acknowledgments of God. In a 2003 amicus brief that was filed with the U.S. Supreme Court on behalf of all 50 states, Attorney General Abbott successfully helped thwart Newdow’s attempt to remove the words “under God” from the U.S. Pledge of Allegiance. In 2007, he defeated a separate lawsuit attempting to remove the words “under God” from the Texas Pledge of Allegiance.

Attorney General Abbott also personally appeared before the U.S. Supreme Court, where he successfully defended a Ten Commandments monument on the Texas Capitol grounds. In that case, Van Orden v. Perry, the plaintiff sought to remove a Ten Commandments from the Texas Capitol, but the U.S. Supreme Court ruled that the monument was constitutional.

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Longview Police Seeking Theater Robber

Police seek help in nabbing the Carmike Theater bandit.

On January 2, 2009 at around 11:38 a.m., Longview Police received a call about
a robbery that had just occurred at the Carmike 10 Theater at 201 Tall Pines
Drive.

Theater employees reported that while they were preparing to open the theater,
an unknown white male suspect wearing a ski mask and armed with a handgun
robbed them. Since the doors to the theater were locked at the time, employees
aren’t sure how the suspect entered the theater.

Arriving Longview Officers searched the theater for the suspect, but he was not
found at the location. The suspect is described as a white male, 5’10” tall with a medium build, wearing all dark clothing, a black ski
mask, black shoes with white stripes, gloves and armed with a handgun.

No one was injured during the robbery.

Anyone with information should call the Detective Terry Davis at 903-237-1110 or
Crime Stoppers at 903-236-STOP or at www.greggcountycrimestoppers.com

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Texas 3rd In The Nation In 2006 Teen Births

CDC Issues Final Births Data for 2006

NEWS RELEASE -- The teen birth rate increased in more than half of all 50 states in 2006, according to a report by the Centers for Disease Control and Prevention.

CDC had reported in December 2007 that the teen birth rate for the nation as a whole increased for the first time in 15 years in 2006 from 40.5 births per 1,000 women aged 15-19 in 2005 to 41.9 in 2006. That information was based on 99 percent of all birth certificates in the United States for 2006.

The latest report from CDC′s National Center for Health Statistics, “Births: Final Data for 2006,” includes state-by-state teen birth rate information based on all birth certificates issued in the United States in 2006.

The data show teen birth rates were highest in the South and Southwest, with the highest rate recorded in Mississippi (68.4), followed by New Mexico (64.1) and Texas (63.1).

Teen birth rates in 2006 were lowest in the Northeast in 2006, with the lowest rates occurring in New Hampshire (18.7), Vermont (20.8), and Massachusetts (21.3). The only states with a decrease in teen birth rates between 2005 and 2006 were North Dakota, Rhode Island, and New York.

The report also features birth data on a variety of topics, including state-based and national information on teen, unmarried, and multiple births, along with health data on smoking during pregnancy, Caesarean delivery, preterm birth, and low birthweight.

The full report is available at www.cdc.gov/nchs.

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Sen. Cornyn Sworn In For A Second Term

Senator lists economy, immigration and energy policies as priorities over the next six years.

WASHINGTON, DC Jan. 6, 2008 -— U.S. Sen. John Cornyn, R-Texas, made the following statement after he was sworn-in today on the Senate floor.

“Today, I had the honor of being officially sworn-in to the United States Senate to represent the people of Texas for another six years. I’m looking forward to working on behalf of all Texans and working with my colleagues on both sides of the aisle to pass real solutions to the problems that confront our country – from putting our economy on the right track to comprehensive immigration reform to energy independence. I am ready to hit the ground running, and ensure a productive new year in which the needs and priorities of Texans are fully addressed on the federal level.”

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GALA Board Disapointed Over Impeachment Drive

Attorney says legal ramifications will be the board's last resort.

GLENWOOD ACRES -- If there is anything that the Glenwood Acres Landowners Association Board and disgruntled residents can agree on, it is that things need to change.

Tim Caricker, the attorney hired to represent the landowners association in deed enforcement actions, said yesterday that the board hasn't targeted anyone, and is instead engaged in righting problems related to deed restrictions that have been allowed to go uncorrected for too long.

Caricker says that board members don't want to take anyone to court, and called attention to the six month grace period included in clean-up demands the board has made of some residents. He said that allowed residents until May of this year to comply.

Commenting on the impeachment drive to oust board president, Jason Lundy, Caricker said "The board is disappointed that it has received this response to what they are trying to do, which is to clean up Glenwood Acres".

He also said the board was aware that petition leader Russell McFadin had been cleaning up his lot, saying "The board acknowledges Mr. McFadin's efforts, and we encourage him to continue those efforts".

According To McFadin, though, what needs to be cleaned up is the board itself, starting with the removal of Lundy.

McFadin will need 20% of the association's members to sign the petition in order to force an impeachment vote, but no one is sure what the exact number of signatures that needs to be.

During an informal meeting of petition supporters Sunday, McFadin said that the board had been unwilling or unable to provide him with a count of members in good standing, or their names.

Caricker said the board is in the process of generating that list, but it has been complicated by the need to not only identify the members in good standing, but also to determine which of them have gotten married or divorced, since the spouses of members have votes as well.

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Impeachment Petition Aimed At Glenwood Acres Board President

A resident of Glenwood Acres is circulating the petition, aimed at removing Jason Lundy, president of the landowner's association board.

The simmering feud between the board of the Glenwood Acres Landowner's Association and Russell McFadin, a resident of the development since 1995, has bubbled over into an effort to unseat board president Jason Lundy.

In a 3 page letter he delivered to the board Monday, McFadin asks for the immediate resignation of Lundy.

In the letter, as well as in an interview with the Advocate, McFadin alleges harassment of himself by the board, unequal and unfair application of rules and restrictions, and says that the board has not followed it's own protocols and procedures. Lundy is accuses of recklessness and poor leadership.

The dispute stems from what McFadin says are efforts to single him out, and force him out of the community.

In November, McFadin, along with several other residents, received notices from the association threatening court action unless efforts were made to clean up their lots. Part of that demand by the board might have involved a structure that McFadin built on his lot, that might not comply with deed restrictions.

McFadin says he has been working on complying with the clean up demand, hauling off scrap from his lot over the last month.

He also has run afoul of the board in the past because of delinquent association dues. In September, the board filed a lien with Upshur county to force payment of those.

That issue, however, has been resolved. McFadin produced a lien release and other documents proving he had negotiated a settlement with the board, and was current on his dues.

That could be important to his impeachment effort, since a resident of the development is required to be current on their dues in order to vote on association business.

Yesterday, Mcfadin set up camp at the entrance to the development, asking residents to sign the petition.

According to bylaws of the association shown to the Advocate, McFadin needs one fifth of the estimated 1000 members of the association to sign the petition in order to force an impeachment vote.

When contacted late Friday, Mr. Lundy, through his secretary, declined immediate comment, saying the board's attorney would contact us with a statement.

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Upshur Commissioners Vote To Update Office Equipment

Citing the poor condition of copiers and file time-stamp equipment, County Commissioners voted Wednesday to spend $6000 on replacements.

After brief discussion, in which Commissioners heard that the existing machines were out of warranty and not repairable, Court voting was unanimous to replace one county copy machine, and two time stamp machines, used to record the date and time that the county receives documents.

The copier, a Sharp machine, will cost the county $5426.00 to purchase, and 1 cent per copy for upkeep and maintenance. TLC Office Systems will supply the new machine.

The Court approved another $1600.00 expenditures for the two file stamp machines. The exact cost was not known, but the approved amount was decided based on prices found online.

In other business, the Commissioners considered the following items:

* Accept for recording all payroll changes. Motion by Ferguson, second by Crittenden, ayes unanimous.

* Approval of county payroll. Motion by Ferguson, second by Crabtree, ayes unanimous.

* Approval of Budget Amendments. No action taken.

* Approval of Accounts Payable. Commissioner Crittenden asked for and received clarification on the bond forfeitures, line item 202. After the disbursement of funds coming into the county from bail bondsmen was explained, he seemed satisfied. Motion to approve was made by Commissioner Ferguson, and seconded by Campbell. The ayes were unanimous.

* Approval to accept various Court documents including audit reports, bonds, oaths, deputations and certificates. Motion to approve by Crittenden, seconded by Crabtree, ayes unanimous.

* Approval to accept for recording the monthly report of State and County taxes. Motion to approve was made by Crabtree, seconded by Crittenden, ayes unanimous.

The floor was opened at the beginning of the meeting for public comment, and one county resident rose to speak.

Russell Mcfadin, a resident of Glenwood Acres, addressed what he called character assassination at last month's Commissioners Court meeting.

He refrained from going into details or naming names, choosing instead to thank the Court for the opportunity of presenting his side of what has been a long running dispute between certain residents of the subdivision and the Glenwood Acres Landowners Association.

The subdivision is in Upshur Precinct #1, Commissioner Crittenden's precinct.

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Upshur County Swears In Public Servants

Sheriff, Deputies, Tax Assessor and County Commissioners sworn in Wednesday.

GILMER, Dec. 31, 2008 -- County Judge Dean Fowler swore in a room full of Upshur County elected officials, deputies and staff workers Wednesday.

In a ceremony attended by approximately 70 people, Fowler administered the oath of office for the county officials elected in November.

Standing in the jury box of the 115th District courtroom, they all raised their right hands and swore to uphold the Constitution of the United States, and to uphold the duties of their office faithfully.

Officials sworn in were:

* Sheriff Anthony Betterton and Deputies of the Upshur County Sheriff's Department.
* Tax Assessor Mike Smith and his staff.
* Constable Russel Harris, Pct. 1.
* Constable Jason Weeks, Pct. 2.
* Constable Jerry Kuhn, Pct. 3.
* Constable Phillip Hill, Pct. 4.
* County Commissioner James Crittenden, Pct. 1.
* County Commissioner Lloyd Crabtree, Pct. 3.

The Advocate congratulates all of our fine public servants, and wishes them well in the discharge of their duties

Elected Officials Sworn In

Commissioners Crabtree and Crittenden

click picture for larger image

Sheriff Betterton and Deputies

click picture for larger image

Constables

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Tax Assessor Mike Smith and staff

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Upshur Fire Departments To Receive Forest Service Payments

Texas Forest Service to send checks to fire departments that helped fight 2005-2006 wildfires.

According to a press release from the TFS, several Upshur county fire departments will receive checks for expenses they incurred assisting the service battle the wildfires of 2005-06.

Excerpt of the release:

Dec. 23, 2008 --COLLEGE STATION, Texas—Texas Forest Service is delivering a little holiday cheer to more than 900 Texas fire departments. Through a legislative grant, TFS is distributing $5.7 million to departments that helped fight wildfires during the 2005-06 wildfire season.

House Bill 15 of the 80th Texas Legislature provided funds to help pay for the cost of fighting wildfires statewide between Dec. 1, 2005, and Sept. 18, 2006. A portion of these funds were designated to help local fire departments recover some of the expenses incurred during that time period.

Upshur county fire departments receiving money include:

* Bettie VFD
* City of Big Sandy VFD
* Gilmer Fire Department
* Harmony VFD
* Ore City VFD
* Pleasant Grove VFD
* East Mountain VFD
* Ewell VFD

A listing of all departments receiving payments can be found at http://texasforestservice.tamu.edu/main/article.aspx?id=6366

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Ore City, New Diana School Busses Will Get Emisions Retrofits

ISD's will receive grants to install equipment that will reduce emissions from school bus diesel engines.

Students riding New Diana or Ore City buses will soon get a bit of fresh(er) air. Both ISD's have asked for, and will receive money to retrofit school buses from the Texas Clean School Bus Program.

The program, offered by the Texas Commission of Environmental Quality, is aimed at improving student and bus driver health by reducing the amount of pollutants they breath in while boarding and riding the bus.

According to information provided by the TCEQ, diesel exhaust contains small particles, known as fine particulate matter (PM). PM can easily pass through the nose and throat, penetrate deep into the lungs and pose serious health risks, including aggravated asthma and allergies. Some studies suggest that long-term exposure can increase the risk of lung cancer.

The information also says that children may be more susceptible to this pollution because they breathe more air per pound of body weight when compared to adults. In addition, as children’s respiratory systems are still developing, they are more susceptible than adults to environmental pollution.

To counter the risks, the grant money is to be used for the installation of any combination of the following devices:

* Diesel Particulate Filters - devices that collect particulate matter in the exhaust stream. Used with the correct fuel, these filters can reduce organic compounds, and carbon monoxide in the exhaust gases by 60 to 90 percent.

* Closed Crankcase Filtration Systems - devices that allow a diesel engine’s crankcase to be closed and use an air filter to trap oil droplets, carbon, traces of wear debris, and particles that are smaller than 10 micrometers in diameter. Blow-by gas emissions can be as much as 25 percent of the total emissions from a diesel engine. These systems may be more effective at reducing children’s in-cabin exposures to pollutants than control systems fitted into the exhaust systems alone.

* Diesel Oxidation Catalysts - devices that use a chemical process to break down pollutants in the exhaust stream into less harmful components. Diesel oxidation catalysts can reduce emissions of particulates by 20 to 40 percent, hydrocarbons by 50 percent and carbon monoxide by 40 percent.

* Partial Flow-Through Filters - tailpipe filters that can lower diesel particulate matter emissions by 70 to 75 percent. These can also reduce total vehicle emissions by up to 80 percent when paired with a closed crankcase filtration system.

The program does place limits on funding, based on the devices the ISD elects to install, and how many buses will be retrofitted. Closed crankcase filtration systems may receive up to $800, diesel oxidation catalysts up to $1,500, partial flow-through filters up to $6,000, and diesel particulate filters up to $8,250. These caps are per device and include installation costs.

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FDA Warns Consumers About Tainted Weight Loss Pills

Agency seeks recall of products that pose serious health risks

PRESS RELEASE, Dec. 22, 2008 -- The U.S. Food and Drug Administration is alerting consumers nationwide not to purchase or consume more than 25 different products marketed for weight loss because they contain undeclared, active pharmaceutical ingredients that may put consumers’ health at risk.

The tainted weight loss products are:

Fatloss Slimming
2 Day Diet
3x Slimming Power
Japan Lingzhi 24 Hours Diet
5x Imelda Perfect Slimming
3 Day Diet
7 Day Herbal Slim
8 Factor Diet
7 Diet Day/Night Formula
999 Fitness Essence
Extrim Plus
GMP
Imelda Perfect Slim
Lida DaiDaihua
Miaozi Slim Capsules
Perfect Slim
Perfect Slim 5x
Phyto Shape
ProSlim Plus
Royal Slimming Formula
Slim 3 in 1
Slim Express 360
Slimtech
Somotrim
Superslim
TripleSlim
Zhen de Shou
Venom Hyperdrive 3.0

An FDA analysis found that the undeclared active pharmaceutical ingredients in some of these products include sibutramine (a controlled substance), rimonabant (a drug not approved for marketing in the United States), phenytoin (an anti-seizure medication), and phenolphthalein (a solution used in chemical experiments and a suspected cancer causing agent). Some of the amounts of active pharmaceutical ingredients far exceeded the FDA-recommended levels, putting consumers' health at risk.

These weight loss products, some of which are marketed as “dietary supplements,” are promoted and sold on various Web sites and in some retail stores. Some of the products claim to be “natural” or to contain only “herbal” ingredients, but actually contain potentially harmful ingredients not listed on the product labels or in promotional advertisements. These products have not been approved by the FDA, are illegal and may be potentially harmful to unsuspecting consumers.

The FDA advises consumers who have used any of these products to stop taking them and consult their healthcare professional immediately. The FDA encourages consumers to seek guidance from a healthcare professional before purchasing weight loss products.

“These tainted weight loss products pose a great risk to public health because they contain undeclared ingredients and, in some cases, contain prescription drugs in amounts that greatly exceed their maximum recommended dosages,” said Janet Woodcock, M.D., director, Center for Drug Evaluation and Research, FDA. “Consumers have no way of knowing that these products contain powerful drugs that could cause serious health consequences. Therefore FDA is taking this action to protect the health of the American public.”

The FDA has inspected a number of companies associated with the sale of these illegal products, and is currently seeking product recalls. Based on the FDA’s inspections and the companies’ inadequate responses to recall requests, the FDA may take additional enforcement steps, such as issuing warning letters or initiating seizures, injunctions, or criminal charges.

The health risks posed by these products can be serious; for example, sibutramine, which was found in many of the products, can cause high blood pressure, seizures, tachycardia, palpitations, heart attack or stroke. This drug can also interact with other medications that patients may be taking and increase their risk of adverse drug events. The safety of sibutramine has also not been established in pregnant and lactating women, or in children younger than 16 years of age.

Rimonabant, another ingredient found in these products, was evaluated, but not approved by the FDA for marketing in the United States. The drug, which is approved in Europe, has been associated with increased risk of depression and suicidal thoughts and has been linked to five deaths and 720 adverse reactions in Europe over the last two years.

Health care professionals and consumers should report serious adverse events (side effects) or product quality problems to the FDA’s MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.

* Online: www.fda.gov/MedWatch/report.htm
* Regular Mail: use postage-paid FDA form 3500 available at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787
* Fax: (800) FDA-0178
* Phone: (800) FDA-1088

Information for consumers can be found at:
http://www.fda.gov/cder/consumerinfo/weight_loss_products.htm

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DPS Targets Drunk Drivers Over The Holidays

DPS troopers will increase patrols during the Christmas and New Year’s holidays in an effort to make holiday travel safer on Texas roads.

PRESS RELEASE, Dec. 22, 2008 -- DPS troopers will increase patrols during the Christmas and New Year’s holidays in an effort to make holiday travel safer on Texas roads.

Of special concern, is drinking and driving during the holidays. Troopers also will focus on speeders and seat belt violators. All available troopers will be on patrol from Wednesday, December 24 through Sunday, December 28, and again on Wednesday, December 31 and Thursday, January 1.

During the Christmas and New Year’s holidays last year, DPS troopers issued a total of 28,000 citations and 14,000 warnings, including 919 DWI arrests, 19,612 speeding tickets and 3,379 safety restraint violations. DPS statistics suggest tickets and drunken driving arrests by troopers double during holiday enforcement periods.

“The best present you can give to yourself and your loved ones is to make sure you arrive safely at your holiday destination—most traffic deaths are preventable,” said interim DPS Director Stanley E. Clark. “We feel our efforts, in conjunction with increased enforcement from other agencies, will make the holidays just a little bit safer. DPS prefers voluntary compliance, but we write citations and arrest drunk drivers to save lives.”

DPS offers the following advice as gifts to the traveling public:
* Drive with courtesy; it’s contagious. Remember, it’s the holidays!!!
* Slow down—especially in bad weather, construction areas and heavy traffic.
* Don’t drink and drive; get a designated driver.
* Buckle up everyone in the vehicle.
* Keep cell phone chatter to a minimum, and avoid texting.
* Avoid drowsy driving.
* Make sure your vehicle is properly maintained.

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Amber Alert Update - Erika Camacho Found

Erika Camacho has been found and returned. Her boyfriend remains wanted and at large.

See the full BeyondMissing update.

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Upshur And Local ISD's Not As Transparent As They Could Be

Texas Comptroller Susan Combs takes the measure of online financial reporting by counties, and finds Upshur to be one among many counties not posting all of it's records on the web.

Texas counties are not legally required to post financial records online. Under the "Open Records" law, county financial information is available to the public, in paper form, upon request. Some counties go a step further though, and post the information online, making the information far easier for the public to access.

That open approach is known as transparency, and it makes it easy for citizens to examine documents, question decisions, root out inefficiencies and hold officials accountable for the way tax dollars are spent.

Texas Transparency Check-up is a website launched by the Comptroller earlier this year to gauge just how open and user friendly each county in Texas is.

The site looks online for a county's budget, financial report and check register.

According to the site, 109 counties currently post no records online, and only 3, (Collin, Grayson and Tarrant) post all three record sets. Upshur posts it's budgets and financial reports, joining the majority of counties that post some records, but not check registries.

Another website, Texas Budget Source, tracks the financial postings of the state's Independent School Districts. Like counties, online posting is not a legal requirement for school districts.

While fairly comprehensive, the site is in error in several regards:

• It reports in error that Harmony does not post it's check registries.
• It reports in error that Union Grove does not post check registries. The ISD posts budgets, financial reports and check registries in it's "Board Book" Agenda Packets.
  

A search of that site for Upshur County ISD's reveals that our local school districts can, for the most part, be judged fairly transparent.

Union Grove ISD leads the pack, posting all three record sets. Ore City and Harmony follow by posting their budget and monthly check registers.

Union Hill post only it's budget. New Diana has a budget site, but the posting is outdated.

No financial records could be found on either Gilmer or Big Sandy's website.

Upshur ISD Web Presence And Financial Postings

ISD Name	Website	Budgets	Financial Reports	Check Registeries
Ore City	Website	Budget		Registry
Harmony	Website	Budget		Registry
New Diana	Website	Budget
Union Grove	Website	Budget	Report	Registry
Union Hill	Website	Budget
Big Sandy	Website
Gilmer	Website

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Amber Alert - Erica Camacho

An Amber Alert was issued today for Erika Camacho, a Hispanic female teenager reportedly abducted in Selma, TX by her boyfriend, Ricardo Mora.

Photo's of the girl or her boyfriend were not immediately available, but descriptions of both are posted in this article, as well as the Beyond Missing website.

MISSING
Name: Erika Camacho
Last Seen: December 24, 2008 - 7:25 PM
Last Location: Selma, Bexar County, TX
Date of birth: August 13, 1993
Height: 5' 3"
Hair Color: Brown
Weight: 100 lbs.
Eye Color: Brown
Gender: Female
Race: Hispanic

victim last seen wearing a white t-shirt denim capri pants and flip flop sandals victim has a slender build and has a light skin complexion. was abducted forcibly by boyfriend

SUSPECT
Ricardo Alvarado Mora
White Male
DOB: 02/24/85
Hair: black
Eyes: Brown
Height: 5'-4"
Weight: 140#
Mole above left eyebrow
Last seen wearing blue sweatshirt and blue jeans and tennis shoes
Was seen in a blue 2000 Chevy Silverado 1500 extended cab pickup
Tx Lic Plates 89LPF4
veh has been located and is now in police custody

If you have any information on this child contact:
Agency: selma police department
24 Hr. Phone # : (210) 653-0033
24 Hr. FAX # :(210) 657-7449
Alternate Phone # : (210) 651-5368
City / State: Selma, TX
Zip Code: 78154
Email: kosborn@ci.selma.tx.us Emergency # : 911

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New Diana Ex-Coach Released On Bond

John Tiger, arrested Oct. 25th for Online Solicitation of a Minor Under 14, was released on bond Monday.

Upshur Sheriff's Department jail and bond records indicate Aba Bail Bonds of Gilmer posted the $100,000 bond on Tigers behalf.

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White Oak Energy Upgrades Aimed At Efficiency And Comfort

Battling failing heating and cooling equipment, and faced with a lack of funding for repairs, the White Oak ISD entered into a contract finance agreement that uses future energy savings to pay for efficiency upgrades.

White Oak will spend more than $1.8 million dollars replacing and upgrading boilers, chillers and ventilation fans in nine district buildings totaling over 410,000 square feet. They will also update classroom and gym lighting. The whole system will be controlled and monitored by an energy management system to ensure comfort and efficiency.

Rather than entering into loans or issuing bonds, the ISD will pay for the upgrades from the energy savings they generate.

Known as Energy Performance Contracting, the deal works like this: The ISD entered into an agreement with a private energy service company (ESCO). The ESCO evaluate energy-saving opportunities and then recommend a package of improvements to be paid for through energy savings.

The ESCO guarantees that savings will meet or exceed annual payments on the upgrades, usually over a 7 - 10 year term. If the projected savings aren't realized, the ESCO pays the difference, not the ISD.

The upgrades at the district include a mixed bag of energy saving improvements. Two new boilers, and two new chillers will be installed, along with eight new circulating pumps.

Contractors will retrofit 10 existing air-handlers, and install CO2 and humidity sensors to automatically adjust building ventilation. New high efficiency lighting fixtures will be installed in classrooms and gyms, lowering utility costs and improving visibility.

Texas State Energy Conservation Office list the following Performance Contracting guidelines on it's website:

Energy Performance Contracting is a construction method that allows a facility to complete energy-saving improvements within an existing budget by financing them with money saved through reduced utility expenditures. Facilities make no up-front investments and instead finance projects through guaranteed annual energy savings.

To enter into a guaranteed energy savings performance contract (ESPC), a state agency must notify SECO of their intent, issue a Request for Qualifications (RFQ), and select a performance contractor, usually an energy service company (ESCO). After identifying eligible projects, the contractor designs and installs the needed improvements. The agency pays for the financed project out of savings realized by the improvements. By law, the contractor must guarantee that the savings will always be at least equal to the payments for the cost of the improvements. Current Texas law also enables institutions of higher education, state agencies, public school districts, and local governments to enter into energy service performance contracts (ESPC).

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Sheriff's Dept. Report 12-15-08 to 12-21-08

Sheriff Anthony Betterton reports that 177 calls for service were reported to the UPSHUR COUNTY SHERIFF’S OFFICE between the dates of 12-15-08 and 12-21-08

Sheriff Betterton also reports that 48 people were booked into the Upshur County Jail on a variety of charges which include Driving while license suspended, Possession of a Controlled Substance, Child Support, Assault with a Deadly Weapon, Parole Violation, Evading Arrest, DWI, Permitting Unlicensed person to drive, Possession of Dangerous Drugs, Theft, Burglary of a Habitation, Possession of Marijuana, Theft by Check, Interfer with emergency call, Terroristic Threats, Stolen Vehicle, Harassment, Injury to a Child or Elderly and traffic. There were also 69 people released from the Upshur county jail.

Thefts 11
Assault 15
Burglary 8
Criminal Mischief 7
Disturbance 11
Traffic 37
Suspicious Vehicle/Person 12
Civil Matters 2
Assist other agency 17
Drug cases 5
Unwanted Guest 4
Deaths 0
Shots Fired 2
Juvenile 3
Harassment 2
Other 41

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Austin Indemnity Lloyds to Enter Receivership

Texas Department of Insurance moves to force liquidation of Austin Indemnity. Upshur residents holding policies are advised to contact their carrier or the TDI for more information.

AUSTIN - The Texas Department of Insurance (TDI) has filed a petition for the liquidation of Austin Indemnity Lloyds Insurance Company (Austin Indemnity). The company sold homeowners and personal auto coverage in Texas.

On July 1, 2008, Austin Indemnity sent out non-renewal notices to all of its homeowners insurance policyholders, and the company stopped taking new applications for auto insurance on August 16, 2008. In September company officials signed a hazardous financial condition order, which allowed TDI staff to more closely monitor the company’s operations.

While TDI was working with Austin Indemnity to develop an orderly withdrawal from the market, Hurricane Ike hit the Texas coast. The financial impact of the storm was too much for Austin Indemnity to continue its monitored withdrawal and forced TDI to take the additional action of ordering liquidation.

Management for Austin Indemnity has consented to receivership, and the entry of a liquidation order. In accordance with the Texas Insurance Code, policies will be canceled 30 days after the date of the liquidation order. The liquidation order is expected to be entered on December 29, 2008, and policies will then terminate effective January 28, 2009. Austin Indemnity, working with TDI staff, is sending notices to affected policyholders advising them of this situation, and providing them with resources to obtain replacement coverage.

In June 2008, Austin Indemnity entered into an agreement with one of its largest agents through which policyholders were extended an offer to purchase a renewal homeowners insurance policy with a new carrier upon the expiration of the term of their Austin Indemnity policy. Policyholders will receive a notice of an offer from this agent to obtain replacement coverage upon the termination of their Austin Indemnity policy . Policyholders should contact their insurance agents immediately to secure the replacement coverage of their choice.

TDI staff has been briefing the Texas Property and Casualty Insurance Guaranty Association (TPCIGA) on the status of Austin Indemnity since the hazardous financial condition order was issued in September. TPCIGA is a non-profit association of all insurers licensed to sell property and casualty insurance in Texas. It exists to provide limited protection to Texas policyholders and claimants in the event of the insolvency of an insurer licensed in Texas. TPCIGA has assessed Austin Indemnity’s information systems and claims data in preparation for assuming its responsibilities to facilitate the transition to liquidation.

For more information, email mailto:PIO@tdi.state.tx.us

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Texas Forest Service Urges Caution With Holiday Fireworks

Many areas across the state will be in danger of accidental wildfires this month as some Texans celebrate the holiday season with fireworks.

Dec. 16, 2008 - COLLEGE STATION, Texas — Fireworks are commonly linked to Christmas and New Year festivities, but Texas Forest Service warns the outcome can be disastrous if proper safety precautions are not taken.

“Many Texans will be using fireworks to celebrate Christmas and the New Year,” Texas Forest Service Fire Operations Chief Mark Stanford said. “TFS wants Texans to use fireworks safely in order to protect themselves and to avoid accidentally starting wildfires.”


Under Texas law, county government officials have the authority to restrict certain types of aerial fireworks when drought conditions exist or when hazardous fuel conditions are present during the winter months. County officials also consider drought conditions when determining outdoor burn bans for their counties. Texas Forest Service does not make decisions regarding restrictions on fireworks or outdoor burning bans. The state agency does, however, provide drought condition information to counties.

Currently, many parts of Texas are in danger of accidental wildfire because of continued drought. Most of Central and West Texas is experiencing drier than normal conditions. In Southeast Texas, debris from Hurricane Ike and vegetation killed by saltwater is contributing to the problem, as is cured debris that remains from Hurricane Rita.

Tips for the safe use of fireworks:

* Adhere to all county and city fireworks laws.
* Use fireworks outdoors away from dry grass and buildings.
* Read firework labels and use only as directed. DO NOT ALTER THE PRODUCTS.
* Use only with adult supervision.
* Keep water, wet towels and a garden hose nearby.
* Allow fireworks to cool completely before handling.
* Discard used fireworks into a bucket of water.

For more information, go to Texas Forest Service website at http://texasforestservice.tamu.edu/main/default.aspx.

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Pendarvis To Remain As Upshur Road Administrator

In their regular meeting Monday, Upshur Commissioners voted 3-2 to leave A.L. "Bubba" Pendarvis in place as Road Administrator, pending an opinion by Billy Byrd, the District Attorney.

The vote revolved around an issue of hiring a certified engineer, or an uncertified administrator, which is the position Pendarvis currently holds

Commissioners Glenn Campbell and James Crittenden are in favor of hiring and engineer, and want to post the job for applications.

A certified engineer would draw a larger salary, approximately $20,000 more per year than Pendarvis makes.

Commissioners Lloyd Crabtree and Joe Ferguson, along with County Judge Dean Fowler, wish to leave Pendarvis in his current role. Fowler cast the tie-breaking vote to retain Pendarvis.

Campbell then asked to have District Attorney Billy Byrd issue an opinion on whether the county had to take applications for a certified engineer. In the voting on that motion, Fowler sided with Campbell and Crittenden.

Byrd confirmed this morning that Fowler had been in contact with the D.A.'s office, and work on the opinion was in progress.

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Federal Grand Jury Returns Indictments In The Eastern District Of Texas

Kerry Scott Baker indicted on six counts of child pornography.

TYLER, TX—United States Attorney Rebecca A. Gregory announced that a federal grand jury returned indictments late yesterday charging multiple individuals in separate cases of federal violations in the Eastern District of Texas.

KERRY SCOTT BAKER, 33, of Gilmer, Texas, is charged with 6 counts of child pornography. The defendant is charged with production, distribution and receipt of child pornography.

If convicted, Baker faces up to 30 years in federal prison on Counts 1, 2, and 3. On Counts 4 and 5, the defendant faces imprisonment of up to 20 years and on Count 6, up to 10 years in federal prison.

This case is part of Project Safe Childhood (PSC). In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.

Assistant U.S. Attorney Bill Baldwin is prosecuting the case. The case is being investigated by the Federal Bureau of Investigation.

JAMES EARL FAY, 26, of Longview, is charged with 5 counts of firearms violations which include unlawful making of a firearm, possession of an unregistered firearm, possession of a firearm during crime of violence, and possession of a firearm with an obliterated serial number.

If convicted, Fay faces up to 10 years in federal prison on each count. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Frank Coan.

BRITT BOYD, 51, of Tyler, and PHILLIP NEWLAND, 58, of Lindale, Texas were charged with manufacturing and dealing, and conspiring with one another to manufacture and deal, in firearms without a license to either deal or manufacture firearms.

If convicted, they each face up to 5 years in federal prison. This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble.



SHERA BUCKELEW DUNCAN, 65, and RONDELL EDWARD DUNCAN, 66, of Tyler, are charged with aiding and abetting. The indictment alleges that from August 1, 2007 through April 28, 2008 Rondell Edward Duncan aided and abetted Britt Boyd in manufacturing and dealing in firearms without a license. Shera Duncan, aided and abetted by her husband, Rondell, violated numerous federal statutes pertaining to Mrs. Duncan's status as a Federal Firearms Licensee.

The Duncans each face up to 5 years in federal prison if convicted. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble.

GARRETT MICHAEL UNDERWOOD, 19, of Texarkana, Texas is charged with possessing a firearm while being subject to a protection order. He is also charges with traveling in interstate commerce to violate the protection order.

If convicted, Underwood faces up to 10 years in federal prison for being a prohibited person in possession of a firearm and up to 5 years in federal prison on the charge of interstate violation of a protection order. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Denise Simpson.

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ETMC Gilmer Welcomes Three Physicians To Staff Positions

Three physicians have joined the staff at ETMC Gilmer, one in the ETMC First Physicians Clinic and two as hospitalists to care for hospitalized patients.

All three staff physicians are board certified internal medicine physicians.

Board-certified internal medicine physician Hernan Miranda, MD, is accepting new patients at the ETMC First Physicians Clinic, located behind the hospital at 711 N. Titus. Dr. Miranda, who recently became a naturalized U.S. citizen, was born in Peru and is fluent in both English and Spanish. Seeking to relocate to a warmer climate, he moved to Gilmer a couple of months ago, after practicing medicine in the Philadelphia area for the past 15 years.

The son of a doctor and the father of two daughters studying medicine, Dr. Miranda is dedicated to his family and considers being a physician a privilege. “I take a lot of pride when my patient tells me, ‘I feel much better. Thank you, doctor.’”
Dr. Miranda accepts most insurance plans, including Medicare and Medicaid, and welcomes new patients. Appointments can be made with Dr. Miranda by calling 903-841-7300.

Ilanko Upendran, MD, is a board certified internal medicine physician who worked at ETMC Gilmer until earlier this year as a hospitalist – a doctor who takes care of patients who are hospitalized. Since then, Dr. Upendran has been working in other ETMC hospitals across the region, but has now returned to work full-time as a hospitalist at ETMC Gilmer. He is joined by Gregory W. DuQuella, MD, who is a new hospitalist at ETMC Gilmer.

“We check on our patients multiple times a day, according to the patient’s needs. In other facilities, doctors often just check on them once, but we come back to make sure they are comfortable and all their needs are taken care of. If they have any issues, we address them right away. That’s the difference that ETMC Gilmer provides,” explained Dr. Upendran. “I am very excited about returning to ETMC Gilmer, and look forward to seeing my friends and former patients in Gilmer.”

Like Drs. Miranda and Upendran, Dr. DuQuella is also a board certified internal medicine physician. He has worked as a hospitalist in Longview since 2005. Prior to that, he worked as a hospitalist in Chicago. He is a graduate of the Tufts University School of Medicine in Boston, and completed his residency training at the University of Illinois at Chicago Medical Center.


--- BYLINE

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Gilmer Man Sentenced on Child Pornography Charges

William Allen Pipes sentenced to 33 months in federal prison for child pornography.

TYLER, TX – United States Attorney Rebecca A. Gregory announced today that a 33-year-old Gilmer, Texas man has been sentenced to 33 months in federal prison for child pornography violations in the Eastern District of Texas.

WILLIAM ALLEN PIPES pleaded guilty on June 26, 2008 to Possession of Material Involving the Sexual Exploitation of Minors and was sentenced today by United States District Judge Michael Schneider. Pipes was also ordered to forfeit all interest in a Blackberry and personal computer seized in this case.

According to information presented in court, on January 10, 2008, a federal search warrant was executed at Pipes' residence. During the search, Pipes' personal computer was seized. Forensic analysis revealed the computer contained digital images of minors engaged in sexually explicit conduct. Pipes admitted to possessing more than 300 images of child pornography.

This case is part of Project Safe Childhood (PSC). In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.

This case was investigated by the Federal Bureau of Investigation, the U.S. Secret Service and the Longview Police Department and prosecuted by Assistant United States Attorney Bill Baldwin.

Background via Tyler Paper

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Upshur Sales Tax Revenues Increase in 2008

Countywide, 2008 tax allocations totaled $2,609,000, increasing $205,000 over 2007

Texas Comptroller Susan Combs said Friday that Texas collected $1.98 billion in sales tax in November, up 4.7 percent compared to November 2007.

“For the first three months of the state’s 2009 fiscal year, state sales tax collections have continued to grow,” Combs said. “However, the increase is less than in the past three years, and collections from important sectors such as retail trade and construction have declined slightly.”

The Comptroller sent cities, counties, special purpose districts and transit systems their final sales tax allocations of 2008 — $488 million, up 9.2 percent compared to last December. Despite the economic slowdown, Combs said local governments collected $5.9 billion in sales tax this year, 6.3 percent more than in 2007.

Upshur County, as well as the cities of Big Sandy, East Mountain, Gilmer, Ore City, and Union Grove, all receive separate monthly allocations from the state.

When combined, the December allocations of $213,573.50, which comes from sales taxes collected in October of this year, grew over $23,000 from December 2007, which was $190,357.64.

For the calendar year, 2007 combined allocations were $2,404,349, increasing this year to $2,609,958. This is a healthy 8.5% increase.

Calendar Years 2008 and 2007 Allocations

Recipient	2008	2007	% Change
Big Sandy	$280,782	$261,890	7.21%
East Mountain	$23,474	$19,077	23.05%
Gilmer	$1,282,214	$1,204,491	6.45%
Ore City	$131,454	$112,058	17.31%
Union Grove	$5,752	$5,313	8.27%
Upshur County	$886,279	$801,517	10.58%
Combined	$2,609,958	$2,404,349	8.55%

Not all the news was rosy, however. Big Sandy, East Mountain and Union Grove all saw individual decreases from December of last year. Union Grove tumbled 64%.

December 2008 and 2007 Allocations

Recipient	Dec 2008	Dec 2007	% Change
Big Sandy	$23,984	$24,569	-2.38%
East Mountain	$2, 111	$2,395	-11.83%
Gilmer	$103,912	$92,936	11.81%
Ore City	$10,527	$9,759	7.87%
Union Grove	$303	$862	-64.82%
Upshur County	$72,734	$59,835	21.56%
Combined	$213,573	$190,357	12.20%

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New Diana Middle School Places Five On The All-Region Middle School Band

Ross Langdon, Middle School Band Director, announced the names of the five young musicians today.

The text of his announcement follows:

I would like to recognize these students that made the All-Region Middle School Band on Friday last week.

1. Jessica Cochran- Flute
2. Garrett Mayeaux- Bari Saxophone
3. Andrew Mulanax- Trombone
4. Caitlin Ross (Alternate)- Alto Saxophone
5. Christian Gouldie (Alternate) – Bass Clarinet

These students have showed tremendous leadership and playing ability on their instrument and have done an amazing job representing New Diana. I would like to thank the NDISD Staff, Pam Martin, and Greg Pope. I Would also like to recognize the amazing work that High School Band Director George Little has provided for our program.
Sincerely ,
Ross Langdon

The Advocate joins in congratulating the talents and efforts of the five, as well.

Well Done!

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New Diana Middle School Begins Using Sex Offender ID System

New Diana joins ISD's across Texas with installation of drivers license scanning equipment, linked to an online sex offender registry.

In an effort to tighten campus security, and identify known predators before they are allowed access, New Diana Middle School announced it has installed and is using the Raptor V-Soft system.

The announcement, in the school newsletter this week, follows:

When you come to pick up your child at NDMS, you will experience a system designed to make our school safer by scanning licenses for the sole purpose of checking for sex offenders only. We will ask you or any other visitors to our campus to allow us to scan your license. If staying on campus, you will receive a sticker with your photo and destination while you are on our campus. While this can take a little more of your time, please realize that this is for the safety of your child and all students in our schools. Thank you!

The Raptor system has been in the news lately, due to a lawsuit in Lake Travis over it's use, alleging violations of parents constitutional rights, including freedom to associate with their children at school, and freedom from unreasonable search and seizure. The case has yet to be tried.

Responding to that suit, Houston based Raptor Systems said it was unaware of other similar lawsuits.

On it's website, Raptor claims to have the system installed in 5000 schools, including Southside, McKinney, Tyler, Kilgore and Athens ISD's in Texas.

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Big Sandy Police Arrest Fugitive Listed On America's Most Wanted

Assisted by the Upshur Sheriff's Office, Hawkins Police Department, the Texas DPS and the Longview SWAT Team, Big Sandy officers nabbed Duane Beard, a fugitive from a murder charge in Kansas, Tuesday.

According to the AMW website, Beard is wanted for first-degree murder, and two counts of Armed Criminal Action and 1st Degree Assault

The News-Journal has the story of the capture.

America's Most Wanted list the following details of the crimes Beard is accused of:

According to authorities investigating the case, roommates Sherry Stewart and Samantha Curlee were hurting for cash. The end of the month was just around the corner, and bills, rent, and utilities would be coming due.

The roommates thought they had stumbled upon good fortune when their friend, Duane Beard, gladly agreed to lend them some of the necessary funds.

Police say the roommates left Kansas City for the weekend. Samantha had family that lived in Clinton, a small, rural town 77 miles outside of Kansas City, and they often visited to get away from the bustling city.

Meanwhile, vexed by Sherry and Samantha's unexpected absence from town, Beard's temper churned. Prosecutors say that Beard had money on his mind and did not take at all kindly to the girls' unforeseen getaway, especially without receiving repayment or prior notification.

Upon their return home, police say Sherry and Samantha didn't have to wait long before receiving an unexpected visit from Beard. Beard's animosity accumulated with the arousal of his foul temper. He wanted his money. According to police, Beard felt he was being dealt a short hand.

When he arrived at Sherry and Samantha's apartment, Beard was let right in. The girls were not aware of his horrifying potential. Tempers flared, according to authorities, and angry words were exchanged between Sherry and Beard. Samantha, an innocent bystander, was on the coach, unaware of the developing situation.

Police say Sherry tried to run from the argument by heading towards the bathroom. Beard, by now, they say, had become dangerous and irrational.

Prosecutors say Beard, furious at this point, shot Sherry. He immediately turned towards Samantha and shot her as she lay on the coach.

According to police, Sherry was dead on arrival, and Samantha was suffering from a serious wound to the abdomen. She was taken to a nearby hospital, and survived the devastating assault.
Duane Beard, a very small man weighing in at just 127 lbs. and standing a mere 5'7" tall, faces four colossal charges: first-degree murder, and two counts of Armed Criminal Action and 1st Degree Assault.

Police say Beard was due in court, but posted a $300,000 bond and bailed out of jail.

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Report Finds Motor Vehicles, Falls are Causes of Most Child and Teen Injuries and Deaths in the U.S.

An estimated 55 million children and teens from birth to age 19 were treated in emergency departments for unintentional injuries from 2001 to 2006, according to a new report released today by the Centers for Disease Control and Prevention (CDC).

The report also notes that between 2000 and 2005, unintentional injuries resulted in 73,052 deaths among children and teens. Falls caused most non-fatal injuries (about 2.8 million each year), while most deaths were transportation-related (about 8,000 deaths each year involved a motor vehicle occupant, pedestrian or pedal cyclist).

According to the report, every year, an estimated 9.2 million children visited emergency departments for unintentional injuries. Falls were associated with over half of the nonfatal injuries involving children less than one year, while transportation-related injuries and deaths were highest among children 15 to 19 years of age. Overall, males were almost twice as likely to die as a result of unintentional injuries than females.

To help parents and other adults prevent child injuries, CDC is also launching the “Protect the Ones You Love” initiative. More about this initiative can be found at www.cdc.gov/safechild.

“Injury risks change as our children grow and we want them to be appropriately protected as they develop,” said Dr. Ileana Arias, Director of CDC′s Injury Center. “We encourage parents to be vigilant and to understand that there are proven ways to help reduce injuries at each life stage.”

Other notable findings in the CDC report include:

* The highest fatality rates were among occupants of motor vehicles;
* Drowning was the leading cause of unintentional injury death for children ages one to four. For those ages 5 to 19, most injury deaths were due to being an occupant in a motor vehicle crash; and
* Children ages one to four also had the highest nonfatal injury rates due to poisoning and falls.

CDC′s report of national and state information on the leading causes of childhood injury is being released to coincide with the World Health Organization′s (WHO) and the United Nations Children′s Fund′s (UNICEF) launch of the 2008 World Report on Child Injury Prevention. The World Report provides a global perspective of child injury and prevention.

The full report, “CDC Childhood Injury Report: Patterns of Unintentional Injuries among 0-19 Year Olds in the United States, 2000-2006,” is available at www.cdc.gov/safechild/Child_Injury_Data.htm.

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Gohmert Pushes For Taxpayer Bailout

Proposing an alternate means of jump starting the nation's economy, Rep. Louis Gohmert is advocating a two month tax holiday.

His plan would use the remaining 350 billion of the $750 billion bailout fund to grant a two month period in which no federal taxes would be collected. Fiscal conservatives are climbing on the band wagon, but the plan faces opposition in the democratically controlled House of Representatives.

Gohmert faced tough questions today about his plan from conservative bloggers who met with him today at the Heritage Foundation.

Most wanted to know why Gohmert was pushing a short-term tax holiday rather than a long-term solution such as cutting capital gains or reducing corporate taxes. Gohmert said it boiled down to political reality. With Democrats controlling 256 seats in the House, there’s little Republicans can do to enact long-term tax relief.

Heritage.org has the story.

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Sheriff's Dept. Report 12-01-08 to 12-07-08

Sheriff Anthony Betterton reports that 160 calls for service were reported to the UPSHUR COUNTY SHERIFF'S OFFICE between the dates of 12-1-08 and 12-07-08

Sheriff Betterton also reports that 49 people were booked into the Upshur County Jail on a variety of charges which include Driving while license suspended, Assault, Possession of a Controlled Substance, Federal Detainer, Theft by Check, Manufacturing and Delivery of a Controlled Substance, Criminal Mischief, Credit Card Abuse, Criminal Negligent Homicide, Criminal Trespass, DWI, Evading Arrest, Arson, Stolen Vehicle, Bench Warrant, Child Support and traffic. There were also 59 people released from the Upshur county jail.

Thefts 10
Assault 9
Burglary 3
Criminal Mischief 5
Disturbance 17
Traffic 24
Suspicious Vehicle/Person 9
Civil Matters 4
Assist other agency 14
Drug cases 1
Unwanted Guest 7
Deaths 1
Shots Fired 3
Juvenile 5
Harassment 5
Other 43

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New Diana High School Receives 2008 College Readiness Award

The Longview News-Journal has the story.

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Sheriff's Dept. Report 11-24-08 to 11-30-08

Sheriff Anthony Betterton reports that 144 calls for service were reported to the UPSHUR COUNTY SHERIFF’S OFFICE between the dates of 11-24-08 and 11-30-08

Sheriff Betterton also reports that 39 people were booked into the Upshur County Jail on a variety of charges which include Forgery, Delivery of Marijuana, Theft, Interfere with police services, Assault, Manufacturing and Delivery of a Controlled Substance, Tampering or Fabricate with Physical Evidence, Resisting Arrest, Burglary of Habitation, Aggravated Assault, Child Support, Fail to Identify as a Fugitive, Aggravated Sexual Assault to a Child, Cruelty to Animals, DWI, Burglary of a Vehicle, Parole Violation, Unlawful Possession of a Firearm by a Felon and traffic. There were also 46 people released from the Upshur county jail.

Thefts 13
Assault 12
Burglary 6
Criminal Mischief 5
Disturbance 4
Traffic 28
Suspicious Vehicle/Person 11
Civil Matters 3
Assist other agency 4
Drug cases 0
Unwanted Guest 4
Deaths 2
Shots Fired 4
Juvenile 7
Harassment 2
Other 39

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