Texas lawsuit alleges conspiracy to inflate insulin prices

DALLAS – The Dallas Morning News reports Attorney General Ken Paxton sued major pharmaceutical makers and other companies Thursday, alleging they violated Texas’ consumer protection law and unjustly enriched themselves by conspiring to spike insulin prices by up to 1,000% over the past decade. The complaint says the consequence of the companies’ actions has been “devastating” for Texas diabetics who were overcharged millions of dollars a year. The lawsuit seeks restitution “and other equitable relief that may be owed to” affected Texans. “Unable to afford the drugs their doctors prescribe, many diabetics in Texas ration or under-dose their diabetes medications, inject expired insulin, reuse needles, and starve themselves to control their blood sugars,” the lawsuit says. “This behavior is extremely dangerous and has led to serious complications or even death.”

Insulin helps manage blood sugar levels and prevent serious complications from diabetes, a leading cause of blindness, kidney failure and lower-limb amputations in Texas. More than 3 million Texans have diabetes, and an additional 7 million have prediabetes, putting them at greater risk of developing diabetes. The lawsuit targets Eli Lilly, Novo Nordisk and Sanofi, which collectively manufacture the vast majority of insulin and other diabetic medicine available in Texas. Texas also sued CVS Caremark, Express Scripts and OptumRX — pharmacy benefit managers, or PBMs, that serve as middlemen for insurance providers and drug manufacturers — and affiliated companies, including CVS Healthcare, CVS Pharmacy, Evernorth Health, Medco Health Solutions, ESI Mail Pharmacy Service, UnitedHealth Group and OptumInsight. The PBMs have “near complete control” of pricing for diabetes medication and affect “nearly every diabetic drug transaction in Texas,” the lawsuit says. The complaint says PBMs “worked in coordination” with the insulin manufacturers “to distort the market for diabetic treatments to their benefit at the expense of Texas diabetics and payers.”

Energy Dept. wants Texas grid connected to others

HOUSTON – The Houston Chronicle reports that a project linking the Texas power grid with those in the Southeast will receive a federal grant of up to $360 million — if it can overcome obstacles that has stalled it for years. The DOE’s investment is a drop in the bucket compared with the $2.6 billion cost of Pattern Energy’s Southern Spirit transmission line that would span 320 miles through Mississippi, Louisiana and Texas. The high-voltage, direct current line would carry nuclear power from Mississippi to Dallas when needed and allow Texas to send wind and solar eastward when it has extra. The grant is among four awarded by the Department of Energy on Thursday with a total value of $1.5 billion. The projects are expected to improve power transmission across the country, but most notably in Texas, where the power grid nearly collapsed during a deadly 2021 winter storm. The grid also continues to be tested as Texas’ population has exploded and more extreme temperatures boost power consumption.

Southern Spirit will allow the Texas grid, managed by the Electric Reliability Council of Texas, to remain free of federal regulation while providing insurance against blackouts. It also is expected to will create 850 construction jobs and 305 permanent positions, the Energy Department said. But a complicated permit process as well as opposition from landowners and lawmakers in Louisiana and Mississippi have held up the project, which has been in the works for more than a decade. It got a boost this month with approval by the Louisiana Public Service Commission.

City of Palestine: planned water outage for Monday

PALESTINE – City of Palestine: planned water outage for MondayOur news partners at KETK report the City of Palestine has announced that there will be a planned water outage from 6 p.m. on Monday to 4 a.m. on Tuesday. The residents in the following areas will be under the temporary outage:
N. Sycamore St. from Spring St. to Erwin St.
Crawford St. from Houston St. to John St.
W. Oak St. from N. Sycamore St. to Queen St.
Magnolia St. from W. Crawford St. to Main St.
Any questions can be directed to the City of Palestine Public Works Department by calling 903-731-8423.

TxDOT: 15 bridges in East Texas slated for repairs

TxDOT: 15 bridges in East Texas slated for repairsEAST TEXAS — The Atlanta District of the Texas Department of Transportation (TxDOT) announced repairs for 15 bridges in East Texas will get underway in the coming months, according to our news partners at KETK. “We will be making repairs to the concrete decking, replacing bearing pads, and cleaning joints,” said TxDOT Mount Pleasant Area Engineer Wendy Starkes. The work is expected to start in December and will take about 22 months. Titus, Morris and Bowie Counties are all slated for repair projects.“Bridges scheduled for this work are on Interstate 30 in Titus, Morris, and Bowie counties and on State Loop 151 in Texarkana.” Continue reading TxDOT: 15 bridges in East Texas slated for repairs

19-year-old arrested after Longview fatal shooting

LONGVIEW – 19-year-old arrested after Longview fatal shootingThe Longview Police Department said that a 19-year-old was arrested on Saturday after a fatal shooting on Baylor Drive, according to our news partners at KETK. Longview PD said that officers responded to reports of a shooting in the 1300 block of Baylor Drive at around 12:40 a.m. on Saturday. When they arrived at the scene they reportedly found the body of Robert Rayson, 25 of Longview, who had died from the shooting. A statement from Longview PD reported that the shooting occurred after an altercation started inside a home on Baylor Drive. Everyone at the scene of the shooting was interviewed and Longview PD said those interviews led to the arrest of Deleontre Mitchell, 19 of Longview. Mitchelll has been arrested for murder and was taken to the Gregg County Jail, according to Longview PD.

Zavalla man returned from Arkansas after January murder

LUFKIN – Our news partners at KETK report Angelina County Sheriff Tom Selman said a man charged for a Zavalla-area murder in January was brought to the Angelina County Jail from Arkansas on Saturday.

Jeremy Wayne Gladden, 41 of Zavalla, was being held in Arkansas since he was arrested in connection to the murder in January. Sheriff Selman said Gladden allegedly fought his extradition to Texas but was eventually picked up and returned to Lufkin on a Governor’s warrant.

Gladden has been charged with murder after Lawrence Jason Wise was found dead from a suspected gunshot wound inside of a shed near his home ten miles southeast of Zavalla in January. Officials at the time said that Gladden was arrested in Arkansas by the Johnson County Sheriff’s Office for unlawful use of a vehicle.

Wise’s white Chevrolet S-10 was reportedly found at the home of one of Gladden’s relatives near Coal Hill, Arkansas.

Sheriff Selman said that Gladden is being held in the Angelina County Jail after he was indicted for murder by an Angelina County Grand Jury on May 17. Gladden will appear in the Angelina County District court for the first time on Monday.

Texas gets $5.7 billion in federal funding for infrastructure

AUSTIN – Texas Public Radio reports that Texas is getting more than $5.6 billion from the Department of Transportation for infrastructure projects across the state. The Biden-Harris administration announced the funding on Tuesday as part of the 2021 Bipartisan Infrastructure Law. It’s the fourth year of funding under the law, which funds improvements for highways, bridges and air quality improvement programs. A spokesperson for the Texas Department of Transportation told KERA the money hasn’t been allocated to specific projects yet, but the largest share, about $3 billion, will go to the National Highway Performance Programs. There’s also more than $115 million for bridges and more than $201 million for air quality improvements. About $86 million goes to building electric vehicle infrastructure. TXDoT added that the money can go to federally eligible projects identified in its annual Unified Transportation Program over the next four years.

Wanted East Texas woman, passenger arrested

POLK COUNTY – Wanted East Texas woman, passenger arrestedOur news partners at KETK report that a wanted East Texas woman and her passenger were arrested after deputies discovered methamphetamine during a traffic stop, the Polk County Sheriff’s Office said. According to the sheriff’s office, deputies saw a vehicle travelling in the Blanchard area commit a traffic violation on Sept. 26 and decided to conduct a traffic stop. “During the stop, officers discovered probable cause to search the vehicle, leading to the seizure of methamphetamine,” PCSO said. The sheriff’s office said the driver, identified as 37-year-old Marlena Anne Toomey, of Livingston, gave deputies a “government document” with false information. Continue reading Wanted East Texas woman, passenger arrested

Some North Texas gun stores sold many guns later used in crimes

DALLAS – The Dallas Morning News reports that gun tracing not only is a way to help identify and capture those who purchase guns illegally, it also is used to identify and alert gun sellers. U.S. gun stores and other licensed dealers associated with a high number of crime gun traces are notified of this by the Bureau of Alcohol, Tobacco, Firearms and Explosives under a special regulatory program. The “Demand Letter 2? notice is sent to dealers that had 25 or more crime guns traced to them the previous calendar year that were used in a crime within 3 years of original purchase, a concept called “time-to-crime.” Such dealers are then required to periodically supply ATF with additional information. The notice doesn’t necessarily mean the dealer did anything improper. It’s intended to add extra layers of scrutiny to licensed gun sellers that are being targeted by criminals.

Several North Texas gun stores received the notices in 2023, including large chains and independent stores, according to a batch of ATF notices released to USA Today. One such store is WEG’s Guns in Farmers Branch. A Houston man bought a .50-caliber rifle at WEG’s in 2022 with more than $8,600 in cash, court records show. Mexican authorities recovered it more than three months later in Matamoros, Mexico. The buyer pleaded guilty to a charge related to gun straw purchasing and was sentenced in September to time served in a North Texas court, court records show. WEG’s website says it’s a family-run business. Store representatives did not respond to a request for comment. Some dealers say handling a high volume of gun sales naturally leads to more traces. Indeed, national chain stores were among the dealers that received notices in 2023 of crime guns traced to them from Mexico, including at least two Bass Pro Shops stores in North Texas, according to the ATF information obtained by USA Today.

Animal welfare advocates will plead with Texas lawmakers

McALLEN (AP) — The phone calls at Yaqui Animal Rescue were non-stop. On the other end of the phone were requests to help with abandoned puppies or pick up stray dogs roaming the streets. The Rio Grande Valley ranch used to temporarily house and care for animals was getting hourly requests by email and social media, too.

The pleas even reached the personal Instagram account of Rebecca Chavez, Yaqui’s development director. She estimates she’s tagged daily in at least five social media posts about dogs that are dumped in the middle of nowhere.

It became too much. In early September, the rescue’s staff announced on social media that the rescue would be — for the first time in 11 years — closed for intake until further notice.

“We don’t have enough staff to take on the demand,” Chavez said. “Mentally and emotionally, it’s taking a toll on us.”

The decision was made in an effort to get a handle on the “crisis-level overcrowding” of more than 250 animals at the rescue, they wrote in the social media post.

Animal shelters across Texas are — and have been — overcrowded, say advocates, who are urging the public to help by fostering or adopting these animals.

Supreme Court to weigh a Texas death row case after halting execution
The more pressing challenge is convincing pet owners to spay and neuter their pets, animal welfare advocates said.

Chavez said that local governments could be doing more to invest in low-cost spay and neuter services, especially in places like the Valley, home to many low-income communities.

To that end, Chavez and other animal advocates across the state will take the issue to Austin when lawmakers reconvene for the next legislative session in 2025.

The Texas Humane Legislation Network, a network of leaders of animal rights groups across the state, are eyeing changes to current state regulations that would allow cities to regulate the sale of puppies and make it easier for shelters and nonprofits to access money to help cover the costs of spay and neuter services, hoping to slow the growing number of stray animals in the state.

“The No. 1 issue in Texas is clearly shelter overpopulation and, quite frankly, overpopulation of dogs throughout our state,” said Shelby Bobosky, executive director of the humane legislation network. “It doesn’t matter if you’re in an urban or rural area, it’s just happening everywhere.”

Financial assistance
When Bonnie Hill and her husband moved out of Dallas onto a Kaufman County ranch in the early 2000s, the couple was surprised to learn their new home was not completely vacated.

The previous owner had left behind a golden retriever with eight puppies that the Hills were not prepared to care for. They immediately contacted the previous owner who, conveniently, had just moved down the street.

But unable or unwilling to take on the responsibility of the dogs, the previous owner took the pups and shot them.

“I was just shocked,” Hill said about finding out what had happened to the dogs. “I was, of course, hysterical.”

That was just how they handled things there, the owner had told her. There were no shelters or veterinarians, so that was their only option.

That norm was unacceptable to Hill.

She contacted the SPCA of Texas, an animal welfare agency in North Texas, with the intent to start her own shelter, but was convinced that focusing on providing low-cost spay and neuter services was more vital to their cause of minimizing the stray animal population.

The couple opened a clinic in Kaufman County in 2004 and, soon after, officials from other counties began asking for help with their own animal population. She added a transport program that would pick up animals from those areas and bring them to their clinic for surgeries.

Today, the organization — the Spay Neuter Network — has four clinics across the state along with a mobile clinic. They also mobilize five vehicles every day that travel to low-income areas as part of their transport program. The goal is to make a dent in Texas’ ballooning stray animal population.

While there is no official count of the stray animal population for Texas, an estimated 568,325 cats and dogs entered shelters in 2023, according to Best Friends Animal Society, an animal welfare nonprofit based in Utah. The group also estimates that 82,681 cats and dogs were killed in Texas that year, more than in any other state.

The Spay Neuter Network does more than 30,000 surgeries every year, according to Hill, and reported $2.8 million in service expenses for 2022.

However, the cost they charged for the surgery did not cover the cost of performing it, so organizations like the Spay Neuter Network rely on grants to make the service more accessible. Grants and contributions made up 23% of their total revenue.

Years ago, the Spay Neuter Network used to apply for money through the Animal Friendly Program, a state grant offered by the Texas Department of State Health Services that is paid for by the sale of specialty license plates. The money raised is then made available to organizations through a competitive application process.

At one point, the network received nearly $500,000 through the program, but over the years, the reimbursement process became more difficult for them. Instead of covering the $50 flat rate their clinics charged per surgery, the state wanted them to calculate the exact cost per surgery, down to how many staff members worked on it and the exact time it took to perform each one.

Vinnie Lopez, surgical technician, cleans and disinfects a puppy from an animal rescue organization in preparation to be neutered at the Spay Neuter Network clinic in Crandall. Credit: Desiree Rios for The Texas Tribune

“It was just really hard,” Hill said. “We all just said that it just doesn’t work for us. We can’t do it. There’s easier money to be found elsewhere.”

The Animal Friendly Program has awarded more than $6 million for low-cost spay and neuter services since 2002. Grants are awarded every two years and in recent years, annual total funding available has ranged from $160,000 to $200,000, according to a department spokesperson.

How much is given to each applicant is at the discretion of the department and ranges from $6,000 to $30,000 per contractor annually. If funding allows, contracts are renewed for an additional one-year term.

The health department awarded more than $165,000 in grants to 11 different organizations in Texas for 2023.

In Canton, Kathy Stonaker, an ambassador for the humane legislation network, wants more organizations to access those funds. She runs a Facebook page called Van Zandt County Pet Project that shares information about dogs needing to be adopted and encourages the public to spay and neuter their pets.

She hoped to educate nearby shelters and rescues on how to navigate the application process for the Animal Friendly program but was not able to get through it.

“It’s about the worst thing I’ve ever seen,” Stonaker said.

The process requires applicants to complete forms, questionnaires, exhibits, and provide requested information outlined by the agency. It is a process that is standard for all of the health department’s grant applications.

Stonaker argues the process is too difficult for small shelters.

“A shelter or a rescue would have to pay for the help to get this,” she said.

Ending puppy sales
The humane legislation network also wants to win back some control to local governments that was lost in 2023 through House Bill 2127, or the Texas Regulatory Consistency Act.

The law, known by its opponents as the “Death Star” bill, prevents cities and counties from passing local ordinances that go further than what’s allowed under state law. State Republican lawmakers approved the legislation after many of the state’s largest cities, often run by Democrats, approved local policies they deemed too progressive and a threat to the state’s pro-friendly business climate.

One of the less discussed provisions bars cities from adopting ordinances that would ban or restrict the retail sale of animals.

Since the passage of the law, 10 puppy stores have sprung up throughout the state, bringing the total number of stores close to 40. Animal welfare advocates believe these private puppy stores make the situation worse because the dogs sold there are brought in from other states and are not spayed or neutered.

The humane legislation network aims to require that pet stores only sell healthy animals from shelters and rescues.

A handful of cities in Texas, including Dallas and Houston, adopted similar “humane pet store” ordinances in 2022 that were grandfathered into the bill.

“We truly need a statewide law to help these communities keep the puppy mill pipeline out of Texas,” Bobosky said. “It’s just adding to the crisis.”

Heeding the call
Chavez, the Rio Grande Valley animal advocate, thinks her neighbors must believe she has magical powers for how often they call upon her to attend to abandoned or distressed animals.

Sure, she has dropped everything to drive 30 minutes to the middle of nowhere to find an injured animal. And yes, she has sheltered animals in her own garage at her own expense.

She’s not special, she said, just willing to be inconvenienced. Yet, the emotional toll is getting worse.

She got into this line of work to save animals but when the rescue can’t do that due to a lack of space or resources, the assumption that the animals will eventually die without their help begins to wear on the staff.

For their own mental health and to ease the strain on their resources, Chavez said they needed to temporarily close intakes. The move, she said, would allow them to focus on the animals they currently have in their care and try to find them permanent homes to create more space.

While the rescue does what it can to better handle the situation, Chavez wants county and city officials to invest into mobile low-cost spay and neuter clinics.

“They’re reproducing at a rate that we cannot keep up with,” Chavez said. “I don’t even want to say we’re stretched too thin, because stretching too thin means that we’re able to handle it and we’re not. We can’t do it.”

Rose City Airfest Underway

TYLER – Rose City Airfest UnderwayOur news partners at KETK report the Tyler Regional Airport is filled with Camp V and airshow planes for the Rose City Airfest. “I’ve got over 40 vendors and we’ve got static displays, we’ve got the pilots out signing posters, it’s just going to be a tremendous full day of family fun,” said Bob Westbrook, Rose City Airfest chairman. Activities started Friday with an all-new STEM day for local high school students. Continue reading Rose City Airfest Underway

Paxton sues TikTok

AUSTIN (AP) – Texas Attorney General Ken Paxton sued TikTok on Thursday for sharing and selling minors’ personal information, violating a new state law that seeks to protect children who are active on social media, accusations that the company denied hours later.

The Securing Children Online through Parental Empowerment Act prohibits social media companies from sharing or selling a minor’s personal information unless a parent or guardian approves. The law, which was passed by the Legislature last year and partially went into effect Sept. 1, also requires companies to create tools that let verified parents supervise their minor child’s account.

Paxton argues in the legal filing that TikTok, a short-form video app, has failed to comply with these requirements. Although TikTok has a “family pairing” feature that allows parents to link their account to their teen’s account and set controls, parents don’t have to verify their identity using a “commercially reasonable method,” as required by Texas law. The minor also has to consent to the pairing.

Paxton also argues that TikTok unlawfully shares and sells minors’ personal identifying information to third parties, including advertisers and search engines, and illegally displays targeted advertising to known minors.

“I will continue to hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton said in a statement. “Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same. TikTok and other social media companies cannot ignore their duties under Texas law.”

A TikTok spokesperson denied Paxton’s allegations, pointing to online information about how parents in certain states, including Texas, can contact TikTok to request that their teen’s account is deleted. Parents are asked to verify their identify but submitting a photograph of themselves holding their government-issued ID. According to TikTok’s privacy policies, the company does not sell personal information. And personal data is not shared “where restricted by applicable law.”

“We strongly disagree with these allegations and, in fact, we offer robust safeguards for teens and parents, including family pairing, all of which are publicly available,” TikTok spokesperson Jason Grosse wrote in a an emailed statement. “We stand by the protections we provide families.”

Paxton’s lawsuit was filed in a federal district court in Galveston. The filing comes after a federal district court judge in August temporarily blocked part of the social media law from taking effect as a legal battle over the law’s constitutionality continues to play out.

Two separate lawsuits were filed seeking to block the law. One suit was filed by tech industry groups that represent large digital companies including YouTube and Meta. A second lawsuit was filed by a free speech advocacy group.

Days before the law was scheduled to take effect, Judge Robert Pitman blocked a part of the law that would have required social media companies to filter out harmful content from a minor’s feed, such as information that features self-harm or substance abuse. But Pitman allowed other pieces of the law to take effect, such as the prohibition on selling or sharing minor’s data, as well as a new rule that social media companies let parents monitor their child’s account.

Meta, the parent company of Instagram and Facebook, rolled out new parental control features in response to Texas’ law. Now, parents who can prove their identity with a valid form of identification can set time limits on their child’s usage and update their teen’s account settings. A Meta spokesperson also said the company does not share or sell personal data.

The consumer protection division of Paxton’s office has sole authority to enforce the law. They are seeking civil penalties of $10,000 per violation, as well as attorney’s fees.

Texas is one of several states that have recently passed laws attempting to regulate how social media companies moderate their content. Those laws have also facedbacklash from the tech industry and from free speech groups.

Supreme Court to weigh a Texas death row case

WASHINGTON (AP) — The U.S. Supreme Court will hear the case of a Texas man on death row who has long argued that DNA testing would help prove he didn’t kill an 85-year-old woman during a home robbery decades ago.

The order came down Friday in the case of Ruben Gutierrez, months after the justices stayed his execution 20 minutes before he was scheduled to die by lethal injection.

Gutierrez was condemned for the 1998 stabbing of Escolastica Harrison at her home in Brownsville, on the state’s southern tip.

Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has long asked for DNA testing on evidence like Harrison’s nail scrapings, a loose hair wrapped around one of her fingers and various blood samples from within her home.

His attorneys say there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

Attorney Shawn Nolan said the high court’s action came as a relief. Agreeing to hear the case and extending the stay of execution “brings us one step closer to finally doing the DNA testing that will overturn Ruben’s wrongful conviction and death sentence,” he said.

Prosecutors said the request for DNA testing is a delay tactic and that Gutierrez’s conviction rests on other evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed.

Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime. He has had several previous execution dates in recent years that have been delayed.

Judge denies an order for a Black student punished over his hair

HOUSTON (AP) — A federal judge on Friday denied a request by a Black high school student in Texas for a court order that the student’s lawyers say would have allowed him to return to his high school without fear of having his previous punishment over his hairstyle resume.

Darryl George had sought to reenroll at his Houston-area high school in the Barbers Hill school district after leaving at the start of his senior year in August because district officials were set to continue punishing him for not cutting his hair. George had spent nearly all of his junior year serving in-school suspension over his hairstyle.

The district has argued that George’s long hair, which he wears to school in tied and twisted locs on top of his head, violates its policy because if let down, it would fall below his shirt collar, eyebrows or earlobes.

George, 19, had asked U.S. District Judge Jeffrey Brown in Galveston to issue a temporary restraining order that would have prevented district officials from further punishing him if he returned and while a federal lawsuit he filed proceeds.

But in a ruling issued late Friday afternoon, Brown denied George’s request, saying the student and his lawyers had waited too long to ask for the order.

George’s request had come after Brown in August dismissed most of the claims the student and his mother had filed in their federal lawsuit alleging school district officials committed racial and gender discrimination when they punished him.

The judge only let the gender discrimination claim stand.

In his ruling, Brown said he also denied George’s request for a temporary restraining order because the school district was more likely to prevail in the lawsuit’s remaining claim.

Brown’s ruling was coincidentally issued on George’s birthday. He turned 19 years old on Friday.

Allie Booker, an attorney for George, and a spokesperson for the Barbers Hill school district did not immediately return a call or email seeking comment.

George’s lawyer had said the student left Barbers Hill High School in Mont Belvieu and transferred to another high school in a different Houston area district after suffering a nervous breakdown over the thought of facing another year of punishment.

In court documents filed this week, attorneys for the school district said George didn’t have legal standing to request the restraining order because he is no longer a student in the district.

The district has defended its dress code, which says its policies for students are meant to “teach grooming and hygiene, instill discipline, prevent disruption, avoid safety hazards and teach respect for authority.”

George’s federal lawsuit also alleged that his punishment violates the CROWN Act, a recent state law prohibiting race-based discrimination of hair. The CROWN Act, which was being discussed before the dispute over George’s hair and which took effect in September 2023, bars employers and schools from penalizing people because of hair texture or protective hairstyles including Afros, braids, locs, twists or Bantu knots.

In February, a state judge ruled in a lawsuit filed by the school district that its punishment does not violate the CROWN Act.

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