Wednesday, June 24, 2020

MY MOST RECENT PUBLIC-POLICY QUESTION THAT I HAVE POSED TO MY DULY-ELECTED STATE LEGISLATOR, REP. SHERYL COLE OF AUSTIN, TEXAS:


----- Forwarded Message -----
From: John McMillan
To: State Rep. Eddie Rodriguez (Austin area) ; StateRep.DonnaHoward ; kkraft@americawalks.org ; sdavis@smartgrowthamerica.org ; Rep. Sheryl Cole 2019 CentralTX ; campaign@saraheckhardt.com ; scott.goldstein@t4america.org ; James.Lieu@dot.gov ; Jacqueline L. Angel ; info@t4america.org ; Austin American-Statesman Managing Editor John Bridges ; Texas Tribune Editor in Chief Evan Smith ; news@dailytexanonline.com ; dhiott@kut.org ; KLRU TV News Editors ; terry.canales@house.texas.gov ; brooks.landgraf@house.texas.gov ; matt.krause@house.texas.gov ; carol.alvarado@senate.texas.gov ; Cole Hefner ; Celia Israel ; Rep. Vikki Goodwin 2019CentralTX ; Rep. Erin Zwiener 2019CentralTX ; Rep. John Bucy 2019CentralTX ; Rep. James Talarico 2019 Central TX ; Robert Nichols ; Kelly Hancock ; charles.perry@senate.texas.gov ; lois.kolkhorst@senate.texas.gov ; Charles Schwertner ; obsever@texasobserver.org ; Austin Chronicle Editors ; KXAN TV News Investigations ; Great Hills Baptist Church ; Hill Country News Editor 2016 ; Gina Hinojosa ; ogc.webmaster@dps.texas.gov ; pastor@redeemer.net ; admin@anglicanchurch.net ; roger@northwestfellowship.com ; Bethany United Methodist Church Pastor Tom Deviney ; Notre Dame Univ. Center for Civil and Human Rights ; Human Rights Law Society U of Chicago ; smccown@law.utexas.edu ; Rosie Truelove ; Civil Rights Office Texas Health Human Services Commission ; U.S. Dept Health Hu Services 2015 ; ogc@txdot.gov ; Brandon Creighton ; Andrew Murr ; slsipole@uh.edu ; jgranato@uh.edu ; mdowd@nytimes.com ; NYT News Tips ; WashingtonPostLettersEditor ; Houston Chronicle Letters to the Editor ; Letters To the Editor ; DMN Austin Bureau Reporter Robert Garrett ; Joebiden Info ; KEYE CBS News Austin 2017 ; DemocraticNatlCommittee ; The Republican National Committee ; Austin Republican Women 2016 ; Travis County Republican Party 2016 ; Hyde Park Baptist Church ; news@texasmonthly.com ; Jonathan Stickland ; jon.rosenthal@house.texas.gov ; Kyle Biedermann
Sent: Wednesday, June 24, 2020, 01:40:59 AM CDT
Subject: Fw: state law on littering that endangers safety of others

June 24, 2020
Dear State Representative Cole, 
I have also sent courtesy carbon-copies (see above) on all of this (see below) to other public officials and cultural leaders.
I look forward to receiving a reply letter from you at your earliest opportunity.
Best Wishes from a law-abiding, gainfully-employed, single adult Anglo male constituent of yours,
John Kevin McMillan of northeast Austin.
Home phone: (512) 342-2295.
John Kevin McMillan


----- Forwarded Message -----
From: John McMillan
To: Rep. Sheryl Cole 2019 CentralTX ; Austin American-Statesman Managing Editor John Bridges ; Commissioner Jeffrey Travillion 2019 ; CountyJudgeSam Biscoe ; campaign@saraheckhardt.com ; david.escamilla@traviscountytx.gov ; City of Austin City Attorney Anne Morgan ; Austin Mayor Steve Adler ; District 4 ; Austin 311 ; matt@crosspointeaustin.org ; Great Hills Baptist Church ; Texas Legislative Council General Counsel 2016 ; Hernandez Sally [TCSO] ; Traviscountydemocrats Info ; Texas Democratic Party ; Governor's Office of Texas Open Records Administrator ; Dennis Bonnen ; Austin City Council Member Ann Kitchen 2016 ; Council Member Flannigan ; District 1 ; District 7 ; Austin City Council Member Ellen Troxclair 2016 ; district9@austintexas.gov ; district3@austintexas.gov ; district2@austintexas.gov ; Garnet F. Coleman ; Dwayne Bohac ; Travis County Commissioner Brigid Shea ; Margaret Moore ; Juan Acosta ; leasing@pebblecreekapartments.net ; Todd Hunter ; Spencer Cronk ; KEYE CBS News Austin 2017 ; Texas Tribune Editor in Chief Evan Smith ; Austin Chronicle Editors ; KLRU TV News Editors ; gina@austinpolice.com ; val@austinpolice.com ; info@austincrime.org ; U.S. Rep. Lloyd Doggett 2015 ; central_texas@cruz.senate.gov ; Joebiden Info ; KXAN TV News Investigations ; editors@dailytexanonline.com ; dhiott@kut.org ; news@texasmonthly.com ; Texas Observer Editors ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; TRA General Counsel Kenneth Besserman ; sarah@nshhcoalition.org ; Jeff Pender ; Andre Adams ; Patrick B. Howard
Sent: Tuesday, June 23, 2020, 12:50:26 PM CDT
Subject: Re: state law on littering that endangers safety of others

June 23, 2020
Dear State Representative Cole,

Best Wishes to you as you strive to respond in writing in polite and helpful manner to each of your current constituents' public-policy-related questions or concerns.
As you may be aware, you are the only current state legislator who directly and officially represents me in the Texas Legislature, since State Senator Kirk Watson retired this year and no replacement for Senator Watson has been selected by the voters yet.  I reside in your legislative district.

Rep. Cole, do you know of any current state law in Texas that either specifically prohibits or that specifically imposes an additional criminal-law penalty for littering on public property that endangers the safety of others?

I often find it very challenging when I walk on the public sidewalk two or more blocks north of my apartment complex along the eastern side of North Plaza Drive.  Numerous shards of glass from broken bottles---primarily from broken beer bottles---are scattered at numerous portions of the sidewalk during my daily walk to and from the bus stop in my neighborhood.

Rep. Cole, I would appreciate a reply letter from you in response to my hopefully-polite question to you today.

Incidentally, I have made a recent phone call to Austin 311 staff members to request that the City Government of Austin please post a warning sign along North Plaza Drive about one block south of Rundberg Lane that warns persons who litter there--such as by smashing a beer bottle onto the sidewalk---that they can be fined for pursuing that reckless and unconscionable activity there. The City of Austin Transportation Department has sent me an initial reply e-mail note on that:

----- Forwarded Message ----- From: Barkley, Stephen <stephen.barkley@austintexas.gov> To: mcmillanj@att.net <mcmillanj@att.net> Sent: Wednesday, June 17, 2020, 02:23:39 PM CDT Subject: Service Request #20-00237862 The Austin Transportation Department has received your request and will assign it to an engineering tech that will contact you within 10 business days. If you have not been contacted within 10 business days, please contact 311 so they may provide you with the staff members name and contact information. Austin Transportation Department
__________________

I have also called Austin 311 on several occasions to report to the City of Austin the bottle-smashing-related hazardous-walking conditions on the public sidewalk that I and numerous others are walking on each day along the eastern side of North Plaza Drive north of my apartment complex and one or more blocks south of Rundberg Lane.

Thank you in advance for your helpful reply letter. And incidentally, I would also like to take this opportunity to again politely ask you in writing whether you support safe and crime-free housing conditions, including during the nighttime hours, for all of your constituents, including myself? 
As you know, I am still awaiting a reply letter from you in response to that major and very pertinent public-policy question as well.
Best Wishes from a former full-time newspaper reporter in Texas and former full-time employee of the Texas Department of Public Safety,
John Kevin McMillan.
My home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Bldg. 17, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.


John Kevin McMillan

On Tuesday, June 23, 2020, 10:31:55 AM CDT, Reference Desk wrote:


Thank you for contacting the Texas State Library and Archives Commission (STLAC).

We received your question about littering laws in Texas.

For assistance with your specific questions, please contact the Texas State Law Library (SLL) or your county law library. For information concerning SLL and their services, please visit their website: https://www.sll.texas.gov/about-us/public-services/ask-a-librarian/
A listing of county law libraries is available from the SLL website at: https://www.sll.texas.gov/self-help/where-to-go-for-help/law-libraries-of-texas/

Although we are unable to assist you, we can direct you to links for Texas and federal laws and regulations: https://www.tsl.texas.gov/ref/abouttx/index.html#laws

Since we are neither attorneys nor a law library, our assistance is limited to referring our remote patrons to these online collections of statutory laws.

If you do not find the laws you seek in the sources mentioned above, it is possible that there are not statutory laws specifically covering this situation. We cannot confirm the existence or non-existence of laws, whether they are administrative, case, or statutory.  

You may also wish to contact the Texas Department of Public Safety: https://www.dps.texas.gov/contact.htm

We hope this information will be helpful to you.

Library Staff
Texas State Library and Archives Commission
512-463-5455
gw


From: John McMillan  
Sent: Wednesday, June 17, 2020 3:44 PM
To: Reference Desk
Subject: re: state law on littering that endangers safety of others

June 17, 2020

Dear Reference Librarians at the Texas State Library,

I would appreciate finding out from you whether there is currently a state law in Texas that specifically prohibits and imposes a fine for the littering of items --- such as through the smashing of broken bottles --- onto a public sidewalk in a context that directly or indirectly endangers the safety of others (pedestrians, joggers, runners, bicyclists, or tricyclists attempting to walk, jog, run, bicycle, or tricycle on that public sidewalk).

Thank you in advance for your very helpful reply note to me on this.

Sincerely and Best Wishes,
John Kevin McMillan.
8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.

John Kevin McMillan

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