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The following was sent via email to every member of the Texas House of Representatives. A similar request was sent yesterday, Thursday May 7th, in the hope I might find a representative with the same courage and honor as was displayed by Representative Bohac last session when he offered a similar amendment to HB 3188.

MAY 8, 2015

Dear Member of our Texas House of Representatives,

Please forgive me for being blunt but time is short. I am asking you to honor your Oath of Office by authoring the following amendment to HB 3330 and presenting it to the House Floor when it comes up for vote on Monday, May 11. HB 3330, by Representative Otto, is the Misc. Claims & Judgments appropriations bill

To pay the Final Judgment awarded to Edmund Bryan Heimlich on October 3, 2005, plus the post-judgment interest of 6.5% awarded therein, as a legal obligation of the State for his economic loss caused by the improper prosecution and imprisonment he suffered at the hands of the State, a total appropriation of $1,238,586.85.

I apologize for the late notice but Representative Otto told me he would include this Judgment in his bill if the Attorney General approved it's inclusion. It took a while but I did have a meeting with the Attorney General on April 16th. We (myself and an Attorney) explained how either misinformation or a incorrect interpretation of information between the Office of the Attorney General and the Legislature in past sessions prevented the appropriation necessary for the payment of this legal obligation of the State. Thereafter whenever we, or a Legislator, would inquire with the Attorney General we were told it was “under review”.

Representative Otto was kind enough to postpone HB 3330 twice while we waited for word from the Attorney General. Finally, on May 5th, we got a response from the Attorney General. The response was given to Roger Borgelt, the Attorney assisting me, and relayed to me. I then asked the Attorney General to let me know if what I had been told was in any way incorrect. His silence confirms the following as his response to our request for approval of the payment of this Judgment.

The Attorney General does not disapprove of the payment of this judgment

However, He does not feel he can tell representative Otto it is a 'valid' Final Judgment because of a judicial opinion (of questionable validity) that remains in the record. That judicial opinion asserts that you, our Legislators, did not give me permission to sue the State. Without permission to sue the State the Final Judgment awarded by a Texas Court is not 'valid”. But the Attorney General cannot dispute, and does not dispute, the moral and legal obligation of the State remains.  The State has a duty to provide restitution to Edmund Heimlich for the property loss caused by the unlawful acts of the State. But it is up to the Legislature to approve payment of the claim, the debt, the Final Judgment represents. The State has a debt to Edmund Heimlich.

Every session begins with the Oath of Office to preserve, protect, and defend our Constitutions and your Laws. Have you ever wondered why? It was for situations such as this. Will you author the amendment? Please let me know.

Respectfully, Ed Heimlich, ed@informed.org 512-779-0234


Here is the forgoing in PDF for those who want to download it.