New Braunfels Herald Zeitung (Newspaper) - July 26, 1985, New Braunfels, Texas
Law may be expensive
WASHINGTON i AP) — Texas Lt. Gov. Bill Hobby says he doesn’t know when or if Congress will modify a U.S. Supreme Court decision placing state and local government employees under federal overtime laws, a change that could cost the state $20 million the first year.
Hobby and governors of two other states testified Thursday before a Senate subcommittee about the February decision that would require states and localities to pay their employees overtime or award compensatory time off during the same pay period in which it is earned.
Hobby also offered a "wild guess” that the change would cost Texas cities another SHO million.
After testifying, Hobby said he felt Congress “is on our side," but did not know if any action would be taken anytime soon.
I he court decision was based on a lawsuit on behalf of San Antonio municipal transit employees.
Hobby said he based his $20 million figure on overtime estimates by the three state agencies that
would be most affected — the Department of Public Safety, the Department of Corrections and the Department of Mental Health and Mental Retardation.
Unless Congress acts, the court decision is effective Oct. 15.
“It just means there will be fewer hours spent guarding prisoners, taking care of patients in hospitals,” Hobby told reporters after the hearing.
Govs. James G. Martin of North Carolina and John Ashcroft of Missouri stressed the decision's diminution of state control and its financial impact on the states.
Hobby asked that Congress at least exempt employees of state legislatures, like it does its own employees.
Hobby said the timing of the decision, during the Texas Legislature's last session, gave the state a chance to make allowances for overtime in the coming two-year budget.
Sea World changes mind again
SAN ANTONIO (AP) - Sea World of Texas has announced it has abandoned plans to locate on U.S. 90 west of here and will look at another site closer to San Antonio proper.
The announcement Thursday marks the second time Sea World has given up on a proposed site in Bexar County.
The company, owned by Harcourt, Brace Jovanovich of Orlando, Fla., announced plans earlier this year to build a $100 million Sea World aquatic park in Bexar County.
Originally, the park was to have been located in southeast Bexar County. In April, that site was abandoned in favor of a 500-acre location in the southwest section of the county.
Sea World had been negotiating with Concord Oil Co. for the second site, but Thursday officials an
nounced negotiations had broken down.
“Despite the best efforts of both parties, certain questions were not resolvable,” a news release issued by Sea World said.
The announcement said HBJ had pressed to create business properties close to the new Sea World aquatic park to protect the corporation’s investments.
“Concord Oil has taken a different view of such development, one that is reasonable, but incompatible,” the announcement said.
Leo Zuniga, deputy director of Sea World of Texas, said, “We were aquiring over 400 acres of land. We could not come to an agreement on how that land would be developed.”
The disagreement, he said, concerned such businesses as hotels and restaurants that naturally would
Judge authorizes exhumation of home's patients
GALVESTON ' AP) A state district judge authorized defense attorneys in the Autumn Hills murder case to exhume the bodies of up to 58 elderly people who died at the Texas City nursing home between 1977 and 1980.
Autumn Hills Convalescent Centers Inc., which is based in Houston, and five of its present and former employees are charged with murder by neglect in the deaths
Defense attorneys argued Thursday, in a motion to state District Judge Don B Morgan, that the prosecution in the case should have had autopsies performed on the bodies if there was suspicion of foul play in their deaths.
Defense attorneys are seeking to have the charges dropped on grounds of prosecutorial misconduct.
Morgan adjourned until Monday further consideration on the defense claims of prosecutorial misconduct, but was expected to order two journalists today to reveal confidential sourt es or turn av or notes they used to w rite stories on Autumn Hills
The two journalists who have said the> don’t plan to comply with .Morgan’s order are Michael Berryhill, a free-lance writer and writing consultant for the Houlton Chronic lr. and Steve (liaison o reporter w ith the Houston Post.
The judge indicated he would have them arrested for contempt of court if they refused to Comply.
Morgan said if the two would answer questions rn private he would seal the testimony. releasing it only if \utumn Hills needed it ti1 support an appeal of their ( ase
Resident's death ruled a homicide
DALLAS fAP* — The death of a 90-year-old nursing home patient was caused by a blow to the head or by someone shaking him violently, causing a blood clot in his brain, the Dallas County medical examiner’s office said. ruling the death of Troy Wimberly a homicide.
“In view of a bruise to the eye, I suspect, though, that someone hit him,” said Dr. Roger Possum.
Officials of Carrollton Manor Nursing Home said they are cooperating w ith police in their investigation into Wimberly ’s death as w ell as pursuing their own inquiry
State Department of Health officials and Carrollton police said that on Thursday of last week they began investigating reports of possible abuse at the home A doctor notified officers that two of his patients w ere covered with bruises
Dr Robert DeVries said he discovered Wimberly s injuries during rounds at the nursing home The patient had a black eye
and bruises on his face, neck and arm, the
DeVries said he found similar bruises on another of his patients, Bertha Claerhout, who lived across the hall from Wimberly.
Wimberly , a former electrician, began running a high fever two days after the bruises were reported to police and was rushed to Richardson Memorial Medical Center He died Saturday.
DeVries said Claerhout remained in the home in satisfactory condition.
Carrollton police Lt. Pete Cole said he expects to present a report to a grand jury in about two weeks,
There will be no arrests until the investigation is complete, and that could be as long as late next week.” he said. “When we're finished with the investigation, we’ll start cutting down the suspect list from the I (IO or st»w e ha ve now. ’ ’
Cole said the autopsy shows that Wimberly's injuries were inflicted IO to 14 days before death.
The nursing home must pay the cost for the exhumations, autopsies and re-interments that Morgan approved Thursday While approving the defense motion to allow the prinedure, the judge denied a request that the state be forced to bear the expense, estimated at $100,000 The process is to be performed under the supervision of Dr Robert Bucklin, a former
Harris County pathologist who now works in
San Diego. Calif.
Moi . an directed Galveston County District \tti rney Mike Guanno to inform as many relatives of the deceased "as he deems appl opriate” of the time and place of any exhumations and re-burtals.
I’ was unclear what evidence the defense
rmer Gov 95 percent" fur governor
MARSHALL AP Ii ll Clements said he is ertain that In will run igain next year. The (X» <v Vormng Yews reported today Clements discussed his political dans Thursday in an interview luring a campaign swing through Northeast Texas for former Texas KAM quarterback I dd Hargett, a Republican who is opposing H*m*“Tat Jim Chapman in an Aug 3 ‘unoff for the congressional seat .alated by former Rep Sam Hall Clements, *>8, noted that he and his a ife. Rita, discussed another ampaign late lute We dnesday night, The Ar .vs said "On a scale of IOO percent, we re 95 percent there,’ dements said.
In 1978, Clements upset former Attorney General John Hill to become Texas’ first GOP governor since Reconstruction, but was himself upset in 1982 by the present governor, Democrat Mark W lute Earlier in tile year, Clements was seeking Republicans to mount a serious challenge to W lute s expected bid for reelection. But recently, he had let it be known he would consider another race himself
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Heavy thunderstorms hit widely scattered pontons of Texas early today
The National Weather Serves said the hoe ut storms was near a weak coof front that stretched north of the Dallas Fort Worth area atony a line from Texarkana to Abilene and Midland
Thunderstorms also were occurring along the Red River in North Texas the South Plains, and southern sections of th# Edwards Plateau north of Del Rio
A lone rain shower was noted in tar West Texas over El Paso Elsewhere low clouds dotted pans of the
south whue higher clouds were visible across the remainder of the state
A south wind of IO mph or less breezed portions of Texas south of the cool front boundary. North of the line winds .sere variable at 5 to 10 mph
Piedawn temperatures tanged from the 60s northwest and tar west to the 70s elsewhere A few 80-degree readings war mad the deep south The temperatures at 4 a in tanged from 64 at Marfa to 84 at Corpus Christi
Highs today were expected to range from the middle to upper 80s in the mountains and along ow coast to the 90s and 100s elsewhere Tonights lows should be mostly in the 60s and 70s
spring up around the park.
Sea World now is working on a land deal with developer Charles Wender to purchase about 500 acres southeast of the previous site, the news release said.
attorneys hope that autopsies of the exhumed bodies will provide. But physicians designated by the defense to perform the autopsies said they may be able to determine whether the elderly people were abused or neglected at the nursing home.
Bucklin said the autopsies "may very well allow me to identify a cause of death, and it may very well allow me to form an opinion as to whether that past patient was a victim of abuse or neglect.”
Morgan has said that the courts have an obligation to provide defendants in criminal cases the chance to gather evidence they believe they need to defend themselves.
In the exhumation motion, Houston defense attorney Tom Sartwelle said the corporation and its employees "vehemently deny any patients were abused or neglected or died from abuse or neglect.”
Attorneys also contend that 15 of the alleged victims were alive during the investigation of the nursing home and should have been examined by prosecution-paid physicians as part of the probe.
The defense knows the locations of graves of nine of the 58 elderly people involved in the exhumation order. Prosecutors have alleged that at least 61 Autumn Hills residents died from neglect. The body of one of the 61 was cremated.
Six are buried in Galveston County, one in Dallas, one in Opelousas. La., and one in Tallahassee. Fla., according to the motion. Attorneys have not obtained the death certificates of 49 other alleged victims.
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NORTH tEXAS Scenery! thunder etor ms lr rough Saturday in Northeast Texas Lows tonight m try- 70s Highs Saturday in th* 90s
SOUTH TEXAS Stuttered afternoon and evening thunderstorm s rn lh# Hill Country and Edwards Plateau Lows tonight in the 70s and 80s Higr y Saturday m me 80a and 90s except between IOO and 106 rn th* brush country region ut the Rio Grande plains
WEST TEXAS Scattered tbundtHOH*» through Sd'jiaa, some possoiv heavy tate this afternoon and lur grit T hor der si or ma diminishing safer do, Lows tonight rn the 60s and 70s Highs Saturday ' me Bus anc 90s
North Texas Temperatures win ba natl seasonal normals Highs win be <n the 90s Lows will be in the 70s
South Texas W de v scattered mainly afternoon and aventng thunderstorms Otherwise parity cloudy with continued hot afternoons and warm hight« Highs in the 90s except upper 80s along me coast to near 102 southwest lows rn the 70s except lower 80s immediate coast
West Texas Party Cloudy no important temperature changes and isolated mainly afternoon and evening thunderstorm*
Panhandle Lows mid 60s and highs in lower 90s
South Plains Lows upper 60s Hight mid 90s
Permian Basin Lows upper 60s Highs mid 90s
Far West Lows upper 60s Highs lower 90s
Concho Valley Lows near 70 Hight mid 90s
Big Bend area Lows near 60 mountains to near 70 lowlands Highs upper 80s mountains to near 100 Big Beno
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