8 March 23-29, 2023 dallasobserver.com DALLAS OBSERVER Classified | MusiC | dish | Culture | unfair Park | Contents pills designed to resemble and to be sold as prescription opioids such as Percocet or Oxycontin; the pills tested positive for fen- tanyl. Police discovered an intriguing piece of evidence not likely found at many drug crime scenes. According to the press release, “On a console table at the bottom of the stairs, they also found a note from Mr. Brin- son’s parents outlining chores they wanted him to do and warning him, “Don’t meet people in front of the house or in view of the house.” (Mr. Brinson’s father later told law enforcement he and his wife knew Stephen used fentanyl but claimed they did not know he was dealing pills in front of the home.) Police also observed Brinson conducting in-person transactions, including one in which he carried an FN 5.7 pistol, which the statement says is also referred to as “cop killer,” and an AR-15 platform rifle. If convicted, Brinson faces up to 20 years in federal prison. ▼ LEGISLATURE JUST WHISTLIN’ DIXIE SOME TEXAS REPUBLICANS ARE LOCKING HORNS OVER A BILL THAT WOULD CREATE A REFERENDUM ON SECESSION. BY SIMONE CARTER A s chatter of a national divorce grows louder, at least one Texas lawmaker thinks the Lone Star State should be allowed to choose whether to go it fully alone. Last week, state Rep. Bryan Slaton of Royse City filed House Bill 3596, known as the “TEXIT Referendum Act.” It would al- low Texans to vote in a referendum on whether the state should look into breaking free from the union. Slaton’s bill specifies that on the referen- dum ballot, people would mull the following proposition: “Should the State of Texas reas- sert its status as an independent nation?” If a majority of voters answers “yes,” then a newly established committee would inves- tigate the feasibility of such a move and present to the state Legislature “potential plans for independence,” according to a press release. Slaton told the Observer that he filed the bill after speaking with voters around Texas and in his district who are frustrated with the federal government’s handling of issues like immigration and gun rights. “They want the opportunity to vote and discuss the issue, and that’s what the bill does,” the Republican said. The way pro-Texit folks see it, the state’s Constitution affirms that the people of Texas have the power to ultimately pick whether they want to give up the federal government for good. But while most state lawmakers would declare a fierce love for Texas, some vehemently disagree over ques- tions surrounding its autonomy. Take state Rep. Jeff Leach, a Plano Re- publican, who issued a scathing indictment of Slaton’s bill shortly after its announce- ment. “This same State Representative — who here is violating his very oath of office — will proudly pledge allegiance to the American flag every day when we commence #txlege session,” he tweeted. “This ridiculous bill is the very definition of hypocritical & sedi- tious treason & it is already dead.” Slaton clapped back, pointing out that Leach’s Twitter bio proclaims “Texas For- ever” before adding: “Cope and seethe!” A representative for Leach declined the Observer’s request for comment, explaining that he isn’t granting Texit-related inter- views at the moment. Slaton said he wasn’t surprised to see Leach attack him on this item, but as far as Texit is concerned, Slaton emphasizes that the proposed referendum is just a vote to start a conversation. “Some people have taken it out of context and kind of jumped the gun on what it does, but it involves the public in this discussion on how we want to govern ourselves, or pos- sibly govern ourselves,” he added. It’s worth noting, of course, that certain political observers have stated that the bill is unlikely to pass. But even if such an idea were to spike in popularity, many experts contend that it’s a legal impossibility. The Texas Tribune, for instance, reported that the Union’s victory in the Civil War “set a precedent that states could not legally se- cede.” A similar bill that was filed last session by then-state Rep. Kyle Biedermann, a Freder- icksburg Republican, ultimately died. Regardless, it’s a big moment for the folks at the Texas Nationalist Movement, which has long pushed for the state’s indepen- dence. TNM President Daniel Miller said it wouldn’t cost anything to learn how Texans feel about the issue by putting it on the No- vember ballot. The way Miller sees it, critics opposed to the latest Texit bill (cough, Leach) are “afraid that if it goes to a vote, it will win.” He argues that lawmakers should be willing to let the people decide. Miller added that if a Texit vote were to happen — which, he insists, is “100% consti- tutional” — it wouldn’t end in a knee-jerk re- configuration. Instead, he said that such a move would kick off a deliberate and thoughtful reform process. He also anticipates that loads of Texans would mobilize. Some independence refer- endums around the globe have had much support at the ballot box, he said. “Imagine if all of a sudden we have a lot of people who have essentially given up on trying to participate in our political system and our system of governance here that sud- denly come in off of the sidelines because for the first time, they’ve actually got something real that they can vote for, that can provide substantive change,” Miller said. “I mean, imagine what that looks like moving into the future.” ▼ LEGISLATURE DON’T ASK, DON’T REPORT BILL WOULD FINE PEOPLE FOR FILING MULTIPLE ENVIRONMENTAL COMPLAINTS. BY JACOB VAUGHN S tate Sen. Drew Springer, a Weather- ford Republican, filed a bill that would impose a fine on people who submit multiple complaints to the Texas Commission on Environmental Quality (TCEQ). Springer calls his legislation a com- mon sense bill to tackle vexatious complain- ants and conserve TCEQ resources. But environmental advocates say it could dis- courage people from filing legitimate com- plaints to the state agency altogether. Springer’s Senate Bill 471 would amend the water code to assess a fee against anyone who files three or more TCEQ complaints about the same issue in one calendar year that result in no enforcement or corrective action by the agency. The fee would be less than or equal to the cost of investigating the complaints. Kathryn Bazan, a former TCEQ em- ployee and current chair of the Dallas Envi- ronmental Commission, said the bill would create an extra burden for people looking for the state agency to address their concerns. “I think that repetitive complaints are not necessarily indicative of vexatious com- plainants,” Bazan said. “I think it’s indicative of a disconnect between what the TCEQ can and should be doing for them and what the TCEQ believes it can and should be doing for community members.” She said the disconnect is that the agency doesn’t always believe that what is being re- ported constitutes a violation of the Federal Clean Air Act or TCEQ enforcement policy. Under this bill, Bazan said people would have to know more about federal air quality regulations and how the TCEQ handles complaints if they hope to avoid a fine. “This bill places an inequitable burden on commu- nities to learn Federal Clean Air Act regula- tions and TCEQ enforcement policies, which is something I don’t think most legis- lators themselves are willing to do,” Bazan said. “You go outside and you smell an odor or you see a visible emission, you should be able to report that to your state agency for further investigation,” Bazan said. “You shouldn’t have to first go and look up that very specific permit and all of the permit conditions that are very technical in most cases to understand whether or not your complaint will result in a violation.” Bazan also said the bill has implications on the confidentiality of these complaints. “The bill would require a breach of the con- fidentiality that the TCEQ maintains in its complaint process, which protects commu- nity members and employees at that facility from retaliation,” she said. This would likely result in complainants not giving their con- tact information or not complaining in the first place. If they don’t give their contact in- formation, investigators won’t have anyone to follow up with, Bazan said. This could make it more likely for the investigation not to result in a violation. On top of all of this, Bazan said there are plenty of reasons it could take multiple complaints to get any action from the TCEQ. She said there was a local batch plant that was illegally operating, and it took numerous complaints from both residents and herself before any action was taken. For one thing, the bar for what’s consid- ered a violation can be subjective. The TCEQ’s odor nuisance policy, for example, says that if someone complains about an odor, alleging it is causing them adverse ef- fects, the investigator has to experience the same thing in order to secure a violation. “You have so many various layers as to whether or not a violation can be con- firmed,” Bazan said. The Sunset Advisory Commission’s re- view of the TCEQ cited inefficient adminis- trative processes and the increased strain of nuisance-based complaint investigations that diminished the agency’s ability to moni- tor compliance and take necessary enforce- ment measures. According to the commission, which periodically reviews state agencies, the TCEQ conducted more than 117,000 inspections in fiscal year 2021. About 4,750 of those were based on com- plaints the TCEQ received. The commission recommended the agency change its ap- proach to nuisance complaints to make bet- ter use of investigative resources. In an emailed statement, the TCEQ said the bill would not change how the agency handles complainant information or the ability to file complaints anonymously. “If the bill passed, TCEQ would work towards implementation, including a review Texas succession is a hot topic again before the Texas Legislature. Patrick Strickland Unfair Park from p6 >> p10
