Tag Archive: Texas


By Chelsea J. Carter CNN

Blast registered on seismographs as earthquake

UPDATED 8:12 PM CDT May 16, 2013
West Texas explosion crater
REUTERS/Adrees Latif

(CNN) —Investigators have not ruled out an intentional fire being behind explosions at a fertilizer plant in the small town of West that left 15 people dead, the Texas fire marshal said Thursday.

State Fire Marshal Chris Connealy said investigators were unable to rule out three possible causes, including a spark from a golf cart, an electrical short or an intentionally set fire.

“The cause cannot be proven to an acceptable level,” Connealy told reporters.

Investigators said the incident was actually two simultaneous blasts triggered by the fire. The blasts, which registered on seismographs as a magnitude 2.1 earthquake and was felt 50 miles away, caused damage to a 37-block area of the town.

The announcement follows news last week that authorities launched a criminal investigation into the April 17 fire and explosion in West, about 70 miles southwest of Dallas.

Read Full Article Here

 

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West, Texas Blast Was Caused By an Arsonist, Electrical Short or Golf Cart, Officials Say

 

 

 

StateFireMarshalWestTxas.jpeg
NBC 5
State Fire Marshal Chris Connealy at this afternoon’s press conference.

The Morning News broke the news this morning that officials had narrowed the cause of last month’s deadly West, Texas fertilizer plant explosion to one of three things: a golf cart, an electrical short, or criminal activity. That wasn’t terribly narrow, but there was a press conference scheduled this afternoon, so we thought investigators might be more specific.

They didn’t.

“The cause of this fire is undetermined,” State Fire Marshal Chris Connealy told reporters, explaining that fire investigators make that ruling when a “cause cannot be proven to an acceptable level of certainty because of insufficient information or when multiple causes can’t be eliminated.”

 

Several causes have been ruled out. The fire wasn’t caused by a rekindle as had been speculated, because there was no earlier fire. It also wasn’t spontaneous, nor was it caused by the 480-volt electrical system.

 

That leaves the complex’s 120-volt electrical system, a golf cart, or arson.

 

Investigators with the State Fire Marshal’s office and Bureau of Alcohol, Tobacco, and Firearms pointedly declined to speculate on the latter or the potential role of former EMT Bryce Reed, charged with possessing a pipe bomb, saying the criminal investigation is ongoing.

 

Read Full Article Here

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Tornado.jpgDamage near Gransbury, Texas, after a severe storm and possible tornado hit earlier tonight. (Twitter/@StormCoker)

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Officials: ‘Multiple fatalities’ in Texas tornado

By JOHN L. MONE and TERRY WALLACE
Associated Press /  May 15, 2013

GRANBURY, Texas (AP) — A tornado ripped through a picturesque lakeside North Texas town on Wednesday, resulting in multiple fatalities and destroying or damaging homes, authorities said.

The tornado ripped through the Brazos River courthouse town of Granbury about 8 p.m. as part of a outbreak of severe weather that plagued the region Wednesday afternoon and evening.

Hardest hit were two neighborhoods, Rancho Brazos Estates and DeCordova Ranch, in the southern end of the town of about 8,000 residents about 65 miles southwest of Dallas, said Hood County sheriff’s Lt. Kathy Jiveden.

There were multiple fatalities, she said, but she had no estimate of dead or injured or the number of homes destroyed.

Officers ‘‘are going house to house’’ looking for residents trapped, injured or dead in the rubble of demolished homes near Lake Granbury, Jiveden said.

Rancho Brazos Estates resident Allacia Jenny said she witnessed devastation in her neighborhood.

‘‘The house across from mine looked like it was destroyed,’’ said Jenny, 22.

Toppled large trees litter her yard, and ‘‘I saw power lines all over the place,’’ she said.

Read Full Article Here

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Official says multiple fatalities in Texas tornado

Tornado 2.jpgAn image of the tornado 8 miles west of Weatherford, Texas, taken by Grant Johnston of NBC 5 Dallas-Fort Worth. (Twitter/@GrantJNBC5)

By Mark Heim | mheim@al.com

Several people were killed and 10 were injured Wednesday night when a possible tornado hit Granbury, Texas, city officials told CNN.

Kathy Jividen, a spokeswoman for the Hood County, Texas, sheriff’s office said there were “multiple fatalities” in the wake of the storm.

Hood County Commissioner Steve Berry told The Weather Channel a little after 10 p.m. that there are two confirmed deaths, at least 16 injured and multiple structures collapsed.

Read Full Article and Watch Videos Here

Earth Watch Report  -  Earthquakes -  United  States

 photo UnitedStateslast15daysMay14th2013_zps7b658a8d.jpg

Montana  – 4 EQ’s
Utah – 1 EQ
California – 16 EQ’s
Arkansas – 1 EQ
Texas – 2  EQ’s
Wyoming – 1 EQ
Tennessee – 1 EQ
Oklahoma – 1 EQ
Oregon – 1 EQ
Nevada – 1 EQ
Washington State – 1 EQ

 

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M3.6 – 4km NW of Meiners Oaks, California

Time
2013-05-07 04:06:09-05:00
Location
34.479°N 119.311°W
Depth
13.4km

Instrumental Intensity

ShakeMap Intensity Image

 

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M2.9 – 12km SW of Lima, Montana

Time
2013-05-07 04:46:09-05:00
Location
44.572°N 112.723°W
Depth
11.0km

 

 

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M3.0 – 13km SE of West Yellowstone, Montana

Time
2013-05-07 08:22:33-05:00
Location
44.587°N 110.965°W
Depth
8.6km

 

 

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M2.6 – 4km NW of Meiners Oaks, California

Time
2013-05-07 13:48:22-05:00
Location
34.478°N 119.309°W
Depth
13.6km

 

 

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M2.5 – 13km SE of West Yellowstone, Montana

Time
2013-05-07 15:08:54-05:00
Location
44.590°N 110.971°W
Depth
8.7km

 

 

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M2.7 – 15km WSW of Neah Bay, Washington

Time
2013-05-07 23:22:57-05:00
Location
48.316°N 124.817°W
Depth
16.7km

 

 

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M2.9 – 20km N of Hawthorne, Nevada

Time
2013-05-07 23:24:24-05:00
Location
38.708°N 118.592°W
Depth
7.2km

 

 

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M2.5 – 25km NNE of Snyder, Texas

Time
2013-05-08 02:58:11-05:00
Location
32.939°N 100.852°W
Depth
3.7km

 

 

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M2.7 – 13km SW of Chester, California

Time
2013-05-08 08:30:03-05:00
Location
40.221°N 121.344°W
Depth
8.8km

 

 

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M2.7 – 134km W of Waldport, Oregon

Time
2013-05-08 14:37:18-05:00
Location
44.390°N 125.759°W
Depth
40.8km

 

 

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M2.7 – 3km N of Lemoore Station, California

Time
2013-05-08 16:02:44-05:00
Location
36.297°N 119.906°W
Depth
16.5km

 

 

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M3.0 – 94km W of Ferndale, California

Time
2013-05-08 16:41:01-05:00
Location
40.423°N 125.361°W
Depth
22.6km

 

 

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M2.9 – 9km ENE of East Quincy, California

Time
2013-05-09 08:05:31-05:00
Location
39.973°N 120.795°W
Depth
3.5km

 

 

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M2.5 – 4km SE of Jones, Oklahoma

Time
2013-05-09 09:47:57-05:00
Location
35.541°N 97.250°W
Depth
6.0km

 

 

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M2.5 – 11km NE of Napa, California

Time
2013-05-09 14:39:51-05:00
Location
38.356°N 122.180°W
Depth
9.9km

 

 

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M2.9 – 4km N of El Segundo, California

Time
2013-05-09 16:08:03-05:00
Location
33.959°N 118.415°W
Depth
12.0km

 

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M2.5 – 6km ESE of Maryville, Tennessee

 

Time
2013-05-09 23:57:23-05:00
Location
35.759°N 83.912°W
Depth
21.8km

 

 

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M3.5 – 7km ESE of East Foothills, California

Time
2013-05-10 00:12:24-05:00
Location
37.373°N 121.724°W
Depth
8.3km
Contributed by Northern California Seismic Network, UC Berkeley & USGS Menlo Park

Instrumental Intensity

ShakeMap Intensity Image

 

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M2.7 – 39km SW of Ferndale, California

Time
2013-05-10 01:44:19-05:00
Location
40.343°N 124.612°W
Depth
22.8km

 

 

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M2.5 – 22km SW of Ferndale, California

Time
2013-05-10 05:47:36-05:00
Location
40.424°N 124.442°W
Depth
25.8km

 

 

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M3.1 – 26km NW of Wright, Wyoming

Time
2013-05-10 07:35:18-05:00
Location
43.917°N 105.707°W
Depth
9.4km

 

 

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M2.5 – 19km SW of La Quinta, California

Time
2013-05-10 17:58:49-05:00
Location
33.531°N 116.447°W
Depth
9.9km

 

 

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M3.7 – 40km SW of Ferndale, California

Time
2013-05-11 01:11:00-05:00
Location
40.331°N 124.591°W
Depth
20.2km
Contributed by Northern California Seismic Network, UC Berkeley & USGS Menlo Park

Instrumental Intensity

ShakeMap Intensity Image

 

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M2.5 – 10km NE of East Quincy, California

Time
2013-05-11 22:17:29-05:00
Location
39.992°N 120.795°W
Depth
11.9km

 

 

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M2.5 – 27km ENE of Willow Creek, California

Time
2013-05-13 12:22:42-05:00
Location
41.047°N 123.333°W
Depth
34.9km

 

 

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M2.7 – 12km NE of Van Horn, Texas

Time
2013-05-13 19:05:39-05:00
Location
31.128°N 104.746°W
Depth
4.3km

 

 

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M2.8 – 7km SSW of Trumann, Arkansas

Time
2013-05-14 00:20:21-05:00
Location
35.620°N 90.550°W
Depth
9.9km

 

 

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M2.6 – 29km ENE of Lone Pine, California

Time
2013-05-14 02:17:35-05:00
Location
36.681°N 117.746°W
Depth
12.0km

 

 

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M2.5 – 36km E of Kanab, Utah

Time
2013-05-14 02:49:50-05:00
Location
37.095°N 112.117°W
Depth
15.3km

 

 

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M2.7 – 34km SSW of Three Forks, Montana

Time
2013-05-14 03:46:19-05:00
Location
45.612°N 111.737°W
Depth
9.5km

 

 

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United  States  -  58  Earthquakes Registered in the  last  7 days  Ranging  from 4.5  to2.5  magnitude

 

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DNR Tag photo DNRtag_zps49c48505.jpg
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Ben Snodgrass

Activist Post

SB 303 empowers doctors to place “Do Not Resuscitate” orders in the files of sickly children and the elderly without their consent. No one, not even the patient or a member of his family can remove this death sentence. No one, that is, except a panel of doctors.

View PDF of State Bill 303 here.

We spoke to Susan King, the House author of SB 303, who said that hospitals have better judgment than parents as to whether their child should continue to receive life-support treatment. This bill takes away the parents’ authority to make important healthcare decisions for their child and gives that authority to a doctor.

SB 303 grants doctors complete immunity from lawsuits from DNRs. Legal liability for DNR orders would hold the doctor responsible for their actions. Removing liability removes accountability.

Doesn’t the bill require notification before a DNR order is placed?

Doctors must give notification of a DNR order unless the patient’s death is considered “imminent,” but notification is not consent. Even if the doctor notifies the parent of the DNR, the parent can do NOTHING.Can the hospital still remove artificially administered food and water?
Yes. SB 303
allows doctors to remove the artificially administered nutrition and hydration from a sick patient if the treatments: [Section 166.046(e)]

  1. Hasten the patient’s death,
  2. “Exacerbate other major medical problems not outweighed by the benefit of the provision of the treatment,”
  3. “Result in substantial irremediable physical pain or discomfort not outweighed by the benefit of the provision of the treatment,” or
  4. Are “Be medically ineffective in prolonging the patient’s life.”

Only the child’s family should have the authority to decide whether to withdraw the life-sustaining nutrition.

Are there beneficial aspects to the bill?

Texas fertilizer plant explosion

Credit: Andy Bartee

A mushroom cloud rises from the West Fertilizer plant as seen frmo the popular Czech Stop along Interstate 35 in West, Texas on April 17, 2013.

See Additional Photos Here

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Authorities launch criminal investigation of West, Texas, fertilizer plant explosion

Friday, May 10, 10:45 PM

AUSTIN — Hours after a paramedic in West, Tex., was taken into federal custody on Friday for unlawful possession of a “destructive device,” the Texas Department of Public Safety and the McLennan County sheriff said they are launching a criminal investigation into the fertilizer plant explosion there last month that killed 14 people.

But officials declined to draw a link between the arrest of the paramedic, 31-year-old Bryce Reed, and the disaster.

“At this time authorities will not speculate whether the possession of the unregistered destructive device has any connection to the West fertilizer plant explosion,” a statement from the U.S. attorney’s office said.

Reed remains in custody in Waco, Tex., officials said, pending a detention hearing Wednesday. If convicted, Reed faces up to 10 years in prison and a maximum fine of $250,000.

Read Full Article Here

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Bryce Reed, paramedic responded to fertilizer plant explosion in West, Texas, shown in McLennan County Sheriff's Office booking photo, charged with possessing destructive device. (AP Photo)

Bryce Reed, paramedic responded to fertilizer plant explosion in West, Texas, shown in McLennan County Sheriff’s Office booking photo, charged with possessing destructive device. (AP Photo)

Image Source

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Texas police begin criminal investigation in fertilizer plant explosion

The Associated Press By The Associated Press
on May 10, 2013 at 4:00 PM, updated May 10, 2013 at 4:05 PM

Foursquare
texas-plant-explosion.JPGPolice launched a criminal investigation today into the April 17 explosion at a fertilizer plant in West, Texas, which killed 14 people.

WACO, Texas — Texas law enforcement officials today launched a criminal investigation into the massive fertilizer plant explosion that killed 14 people last month, after weeks of largely treating the blast as an industrial accident.

The announcement came the same day a paramedic who helped to evacuate residents the night of the explosion was arrested on a charge of possessing a destructive device, though it is not clear whether the charge is related to the April 17 blast at West Fertilizer Co.

The Texas Department of Public Safety said in a statement today that the agency had instructed the Texas Rangers and the McLennan County Sheriff’s Department to conduct a criminal probe.

“This disaster has severely impacted the community of West, and we want to ensure that no stone goes unturned and that all the facts related to this incident are uncovered,” DPS Director Steven McCraw said.

McLennan County Sheriff Parnell McNamara said residents “must have confidence that this incident has been looked at from every angle and professionally handled — they deserve nothing less.”

The statement did not detail any further reasons for the criminal investigation and said no additional information would be released at this time.

 

Read Full Article  and  Watch  Video Here

Earth Watch Report  -  Epidemic  Hazards

09.05.2013 Epidemic Hazard USA State of Texas, [Montgomery and Liberty counties] Damage level
Details

Epidemic Hazard in USA on Thursday, 09 May, 2013 at 04:50 (04:50 AM) UTC.

Description
Two teenagers from Montgomery and Liberty counties have died, and a third is in critical condition. Health experts said all three shared similar symptoms. Now they are working together to figure out what is behind it all. Tyler Lane Budro, 17, was the first case. He got sick in February and died on March 10. Tyler lived in Liberty County and was a junior at Hull-Daisetta High School. His mother said he first had a fever, and then violent seizures started days later. An infectious disease specialist in Montgomery County said Tyler, as well as a teenage girl and a teenage boy in that county had similar symptoms. The girl died on April 29. The boy is in critical condition at a Houston hospital. The specialist also said the teens’ symptoms included a fever, coughing, pneumonia, seizures and respiratory failure. Dr. Syed Ibrahim is Montgomery County’s epidemiologist. He said they ran 30 tests on the teens, including checks for rabies and meningitis. All tests came back with negative results, so health experts still have no idea what any of the teens came down with.

Dr. Ibrahim and other area health experts are still looking for answers. “I’m really concerned. I’m sad as well because these are the cases of the teenagers in our county,” said Dr. Ibrahim, MD, MPH. Parents and students at New Caney High School, where the teen who is in the hospital attends, are worried too. “I think they should have informed us about it more ‘cuz it’s not right that some kids don’t know about it and other kids are spreading (rumors) making it worse,” said student Courtney Villareal. School officials in New Caney ISD said they did not notify parents because they don’t have enough information. They said they don’t know what they’re dealing with at this point. Dr. Ibrahim said the disease or diseases do not appear to be contagious.” Some in New Caney ISD said they are afraid people might panic. Health experts stress there is no need for that. They’re just stumped. Tyler’s grieving mom is hoping experts can crack the case very soon.

Biohazard name: Unidentified Illness (fatal)
Biohazard level: 4/4 Hazardous
Biohazard desc.: Viruses and bacteria that cause severe to fatal disease in humans, and for which vaccines or other treatments are not available, such as Bolivian and Argentine hemorrhagic fevers, H5N1(bird flu), Dengue hemorrhagic fever, Marburg virus, Ebola virus, hantaviruses, Lassa fever, Crimean-Congo hemorrhagic fever, and other hemorrhagic or unidentified diseases. When dealing with biological hazards at this level the use of a Hazmat suit and a self-contained oxygen supply is mandatory. The entrance and exit of a Level Four biolab will contain multiple showers, a vacuum room, an ultraviolet light room, autonomous detection system, and other safety precautions designed to destroy all traces of the biohazard. Multiple airlocks are employed and are electronically secured to prevent both doors opening at the same time. All air and water service going to and coming from a Biosafety Level 4 (P4) lab will undergo similar decontamination procedures to eliminate the possibility of an accidental release.
Symptoms: Fever, coughing, pneumonia, seizures and respiratory failure. First had a fever, and then violent seizures started days later
Status: suspected

Mystery illness claims the life of 2 area teens, a third is critical

Tyler Lane Budro, 17, was the first case. He got sick in February and died on March 10.

“Like fever, cough, like respiratory failure, pneumonia, seizures,” said Dr. Syed Ibrahim, MD, MPH. “In the child who’s admitted at Texas Children’s Hospital now, he’s having liver enlargment and spleen enlargment.”

by Sherry Williams / KHOU 11 News

khou.com

Posted on May 9, 2013 at 10:36 AM

Updated yesterday at 4:41 PM

HOUSTON — A hospital spokeswoman at Texas Children’s in Houston said in a written statement that a 17-year-old boy in their facility is not believed, by them, to be connected two cases in which area teens died from a mystery illness.

But the lead doctor in charge of Montgomery County’s Health Department said all of the teens have similar symptoms.

“Like fever, cough, like respiratory failure, pneumonia, seizures,” said Dr. Syed Ibrahim, MD, MPH. “In the child who’s admitted at Texas Children’s Hospital now, he’s having liver enlargment and spleen enlargment.”

The hospital confirmed that the teen is in critical condition.

Two teenagers, one from Montgomery County and one from Liberty County, have died from an illness health experts have not been able to diagnose.

Tyler Lane Budro, 17, was the first case. He got sick in February and died on March 10.

Tyler lived in Liberty County and was a junior at Hull-Daisetta High School. His mother said he first had a fever, and then violent seizures started days later.

 

Read Full Article  and Watch Video Here

 

Hazmat

 

 

 

 

09.05.2013 HAZMAT USA State of Texas, Lubbock [Bayer CropScience] Damage level Details

HAZMAT in USA on Thursday, 09 May, 2013 at 13:51 (01:51 PM) UTC.

 

Description
A chemical leak at an agricultural company in West Texas has forced about 100 families from their homes but nobody has been hurt. Lubbock police say the evacuation continues Thursday in a zone extending several blocks. Investigators are trying to determine what caused Wednesday night’s leak at Bayer CropScience near Interstate 27. Company employees noticed a leak from an apparent faulty valve on a tank. The Lubbock Fire Department says the leak involves hydrogen chloride that when released forms hydrochloric acid. Bayer CropScience spokesman Monty Christian says the chemical used to get fiber off cotton seed is not explosive but can be corrosive to skin and lungs. Christian says the leaking cylinder is from another company that will provide hazmat experts. The name of that other company wasn’t immediately released.

Leak that displaced Lubbock neighborhood stopped

 

By BETSY BLANEY, Associated Press | May 9, 2013 | Updated: May 9, 2013 8:36pm

 

LUBBOCK, Texas (AP) — Crews worked all day Thursday to stop a chemical tank leak at an agricultural chemicals vendor in Lubbock that had forced residents of a nearby neighborhood out of their homes.

No injuries were reported, but about 100 families were evacuated Wednesday evening after the leak was detected in a tank of corrosive hydrogen chloride at a Bayer CropScience outlet near Interstate 27. When hydrogen chloride is exposed to moisture in the air it forms hydrochloric acid, which can be corrosive to skin and dangerous to lungs if inhaled.

Residents were allowed to return to their homes Thursday afternoon as crews drained the chemical from the leaking tank into another tank. They completed the task and stopped the leak around 6 p.m., according to a statement from city officials.

The street in front of the Bayer CropScience outlet remained closed for decontamination, but it was expected to reopen by Friday morning, according to the statement.

 

Read Full Article Here

Officials still don’t know what caused hazardous Lubbock leak

Posted: May 10, 2013 – 3:50pm
An early morning view of the command post on Erskine Street in Lubbock, east of Interstate 27 and across from the scene of a chemical spill that forced the evacuation of a Guadalupe neighborhood and closure of two schools.  Karen Michael / Avalanche-Journal

Karen Michael / Avalanche-Journal
An early morning view of the command post on Erskine Street in Lubbock, east of Interstate 27 and across from the scene of a chemical spill that forced the evacuation of a Guadalupe neighborhood and closure of two schools.

LUBBOCK – Officials announced Airgas had removed all of the liquid in the leaking container at Bayer CropScience by 6 p.m. Thursday, May 9. The pressure that remained in the leaking tank had been reduced to the point where the leak had stopped, according to a Lubbock city news release.

But officials with the Lubbock Fire Marshal’s Office, Bayer CropScience, its chemical supplier and the state’s environmental agency were still looking at what prompted the leak and steps needed to secure the area.

Hydrogen chloride leaked from a faulty cylinder at the Bayer CropScience facility, 103 Erskine St., three blocks from Interstate 27 in Lubbock. A crew from Dallas working for Airgas, a company that owns specialized cleanup equipment, slowed the leak and began transferring about 3,000 pounds of the chemical to a safe container Thursday morning.

“The good thing about it though is we don’t need have to wait until it’s all out because the less material that’s in those containers, the lower the pressure, the less the leak and of course, the most critical portion of that was getting it all connected up before an event happening, and we’ve crossed that,” Lubbock Deputy Fire Marshal Robert Loveless said.

State environmental inspectors remained on the scene Thursday evening. An evacuation zone that stretched more than a mile south and west was reduced to an area bounded by Ash Avenue to the east, Erskine Street to the north, Interstate 27 to the west and Massengale Drive to the south, Loveless said.

 

Read Full Article Here

 

 

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83rd
Legislature

Rep. Krause, Matt

member image

by: Rep. Krause, Matt

05/07/2013

AUSTIN, TEXAS – Today, Rep. Matt Krause passed H.B. 928 on its third and final reading out of the Texas House of Representatives. H.B. 928 is the first bill Rep. Krause has successfully guided out of the chamber in his first term in office.

“There has been a lot of discussion on firearms and our rights as Americans in the wake of the recent mass killings in Colorado and Connecticut,” said Rep. Matt Krause. “H.B. 928 simply ensures that Texas will frame the discussion on these issues and that we will not aid the federal government in enforcing unnecessarily restrictive or punitive measures designed to keep firearms out of the hands of law-abiding citizens.”

H.B. 928 would establish a new cooperative framework between Texas and the federal government solely as it relates to firearms. The bill declares that no state resources (i.e. law enforcement or any state or local agency) can be utilized for the enforcement of federal firearm regulations that do not also exist in state law. The bill also prohibits state resources from being deputized by the federal government for the express purpose of enforcing federal firearm regulations.

“My bill completely respects the federal government’s right and ability to make and enforce its own laws,” continued Rep. Krause. “Federal law is the supreme law of the land and H.B. 928 does nothing to refute that; however, my bill does make it clear that where federal laws do not align with state laws, Texas will not spend its resources and time enforcing those laws for them. The FBI or ATF is more than welcome to come to Texas and enforce those laws in which the federal government has overstepped the state, but our local and state tax dollars won’t be helping them.”
H.B. 928 instructs our state resources on their conduct while respecting the federal government’s ability and right to create and enforce its own laws.

“We love to call H.B. 928 the ‘Come and Take It’ bill, because it truly encompasses that mentality. Critics who claim that its ‘unconstitutional’ or wrongfully invoke ‘nullification’ are simply scared at how simple it is for a state to lawfully and meaningfully assert its sovereignty on an important issue such as the 2nd Amendment,” said Rep. Matt Krause.

Contact:
Elliott Griffin
(512) 463-0562

Contact Info

Capitol Address:
District Address:
Room E1.424, Capitol Extension
P.O. Box 2910
Austin, TX 78768
(512) 463-0562
(512) 463-2053 Fax

Texas’ Firearm Protection Act: Fact and Fiction

Posted by

The Texas House recently passed multiple gun measures designed to protect Texans from undesired, if not unconstitutional, federal gun laws. Two bills related to federal gun laws, HB 1076 and HB 928, are proceeding and at the time of this writing HB 1076 has passed the final vote in the Texas House, 100-47 and HB 928 has passed as well, 102-31. The bills seek to deny state and local resources for enforcement of federal gun laws and in support of this deny funding to state and local officials that do enforce federal gun laws.

Unfortunately, there is a wealth of misinformation published that obscures the legitimacy of this legislation. For instance, the  Dallas Morning News makes numerous claims inconsistent with facts.

Key statements made in this article are incorrect and mislead the reader regarding the content and legitimacy of the bill’s language. Starting in the third paragraph, Ms. Hoppe begins her summary of a “proposal to nullify new federal gun control laws.”. This is in regards to Steve Toth’s HB 1076.

Ms. Hoppe states: “Those gun laws not already on the books in Texas couldn’t be enforced here under the sweeping and unadjudicated argument that they wouldn’t be constitutional under the Second Amendment.”

It is true that the legislation would reject local enforcement of federal laws. That is the point of the legislation in general. In contrast to the implication, it is very workable in practice as state laws would be put in place as needed. This allows the Texas legislature to draft gun laws that are consistent with the Texas Constitution.

However, Ms. Hoppe’s claim that the legislation challenges the constitutionality of any federal law is false. No such argument is being made regarding the Second Amendment. In HB 1076, Texas is merely refusing to participate in the local enforcement of federal gun laws. In fact, the constitutionality of the gun laws is neither challenged nor validated. They simply deny resources and manpower to enforcement. The Constitutionality of this bill from the federal perspective is clear.  In Printz v. U.S., a 1997 Supreme Court case, Scalia rejected federal comandeering of state and local officers regardless of the constitutionality of the federal law. In other words, the federal government cannot, in any case, force states to uphold federal laws.

Ms. Hoppe states: “And for those cities or counties that tried to enforce a new federal gun law, their entities would lose any state grant money.”

True.

Next, Ms. Hoppe states: “Supporters of the bill said they worked with the attorney general’s office in shaping the so-called Firearms Protection Act. But other lawmakers — all of them Democrats — said the bill ignored the constitution, especially the supremacy clause that establishes federal laws override state ones.”

The supremacy clause is irrelevant in this case since there is no challenge to any specific federal gun laws. It’s just not part of the bill. However, it is worth pointing out the the suggestion made here, that federal law always trumps state law, is false as well. The supremacy clause is a not a blank check on power, it only applies to laws made in pursuance of the enumerated powers of the Constitution.  Texas State Representative James White posted this to Facebook regarding the general misinterpretation of the Supremacy Clause:

Read Full Article Here

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Joining HB1076 for a full Texas State House vote on SATURDAY, May 4th, is HB928. Both are based on the same principle – that no one working for government in the state of Texas will enforce federal gun control measures. 1076 focuses only on new federal gun control enacted on or after January 1, 2013. But HB928 makes no distinction – and virtually all federal gun control measures will be unenforceable within the state of Texas.

This would make a HUGE dent in any new federal effort to further restrict the right to keep and bear arms in Texas.As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). And in those limited situations where enforcement does occur, Rosa Parks has taught us all the power of “NO!”  Passage of HB928 would mark the beginning of the end of federal gun control measures in Texas.  HB928 also provides for a mechanism to ensure that local governments don’t decide to start helping out the Feds – state grant monies would be withdrawn from those localities that assist federal gun control.

Quite simply, the federal government absolutely cannot enforce gun control in Texas without the help of Texas.

YOUR PHONE CALLS ARE NEEDED NOW TO SUPPORT THIS BILL

Since the vote is on Saturday, make a CALL – emails won’t have impact. Call after business hours if you have to – and leave a message. Any and every phone call will help move this bill forward.

1. Call your STATE Representative and ask them to vote YES on HB928

FIND YOUR REP:
http://www.house.state.tx.us/members/find-your-representative/

Hmmmm, I  suppose going house to  house with  weapons having people leave  their homes for them to search without   warrants  was business as  usual?  How many people are  going to  say  No to  them after the horror that they  have  been through.  What  this hypocrite  is not taking into consideration is that this was another good crisis not being allowed  to  go  to  waste.  Just  as  Nanny  Bloomberg  later  announced  when  he  said it is time  we changed the  Constitution.  What a slime!

Rand Paul  is a joke just a pitiful joke.  He stabbed his father in the  back to suck up to Romney.  He  was licking his chops  dreaming about  that  VP nomination. 

I  wonder if anyone remembers that ? 

Rand  Paul is definitely no Ron Paul !

~Desert Rose~

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Ron Paul Called A “PARANOID LIAR!” Because Of His Oped “Liberty Was Also Attacked In Boston”

MOXNEWSd0tC0M MOXNEWSd0tC0M

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Ron Paul Criticizes Boston Lockdown: ‘We Had Martial Law Out There,’ ‘It’s Criminal’

NROVideos NROVideos

Published on Apr 25, 2013

More on this here: http://nationalreview.com/corner/3466…

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SHOCKING FOOTAGE: Americans Ordered Out Of Homes At GUNPOINT By SWAT teams in BOSTON

829speedy 829speedy

Published on Apr 22, 2013

SHOCKING FOOTAGE: Americans Ordered Out Of Homes At GUNPOINT By SWAT teams in BOSTON

SUBSCRIBE for the latest news and reports on the LOCKDOWN & MARTIAL LAW in BOSTON – http://www.youtube.com/829SPEEDY

Shocking footage has emerged from Friday’s lockdown in Boston, where police, federal agents, national guard troops and SWAT teams enforced door to door searches of everyone’s home within twenty blocks as the entire city was placed under orders to stay off the streets.

The video, shot by a resident from their own house across the street, shows police barking orders at men and women as they order them at gunpoint to identify themselves, put their hands on their heads, and get out of their own home. They are then ordered to run down the street to be further frisked by police as scores of armed militarized cops look on.

The scenes look like something out of a disaster movie, with the backdrop of suburban America juxtaposed with what is essentially martial law playing out in full daylight.

The story floated in the mainstream media that the door to door searches were conducted with the voluntary consent of the residents of Watertown is clearly false. 9000+ Police locked down an entire city and went in with full force, with armored vehicles and combat gear, all to search for an injured 19 year old kid who turned out to be cowering in someone’s back yard.

While armies of police roamed around people’s homes and private property, Public transportation was shut down, businesses were forced to close, and a no-fly zone was enacted over Boston in an unprecedented show of force. boston bombing

At this point, as military helicopters buzzed over neighborhoods, the Fourth Amendment had ceased to exist in Boston, which quickly resembled a war zone.

The compliant mainstream media reported on the activity without alarm or question. Katy Waldman of Slate wrote an article claiming that under dire circumstances police can suspend 4th Amendment rights against unreasonable searches:
shocking boston lockdown america u.s. “united states” american gun weapon swat “swat team” innocent family home house order liberty rights constitution “4th amendment” crazy trends trending trendy future freedom prepare “gun control” agenda “new world order” “take over” angry citizens sheeple property “martial law” government agent agents 2013 illuminati “wake up” 829speedy alex jones infowars gerald celente david icke lindsey williams farrakhan jsnip4 glenn beck 829speedy In exigent circumstances, or emergency situations, police can conduct warrantless searches to protect public safety. This exception to the Fourth Amendment’s probable cause requirement normally addresses situations of “hot pursuit,” in which an escaping suspect is tracked to a private home. But it might also apply to the events unfolding in Boston if further harm or injury might be supposed to occur in the time it takes to secure a warrant.

This activity, once again, sets a shocking precedent. Police and military are training in these circumstances every single day of the year. They are fully acclimatized to the process, as if it is completely normal. They do not hesitate in carrying out such orders, which are now being implemented whenever the authorities deem a situation to be an emergency.

This is what fully fledged martial law in America looks like. 829speedy

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