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Perry’s Veto of SB488…..ACT III

July 27, 2009

To bring you up to date, the Press was all over Perry’s veto, and my open records acquisition findings.  The story made front page headlines in the San Antonio Express, and front page Metro in the Statesman, and Houston Chronicle.  The blogs like, and are still buzzing.

One of the opposition emails quoted in the SATX article was written by Kenneth Bain of Duncanville:

The proposed law to fine drivers passing too close to bicyclists is absurd.  I bike all the time and I am smart enough to stay off the streets.  Roads are for vehicles not slow bikes.  I want more bike trails.  This law will drive a larger wedge between motorists &bikers.  You will have radical bikers taking license numbers of cars and reporting them because they thought they passed too close.  If you sign this bill you are letting a small minority rule the voting masses and it will not sit well at election time I can assure you.  Let the bill die.

Kenneth Bain’s son is out on bond for plowing down two cyclists in Grand Prairie a year ago.  Both cyclists were killed on impact.  According to news reports, Kenneth Bain Jr. told the police he was up all night at a Bachelor party (the accident occured at 8:15 a.m.).  Police reported that he  failed a field sobriety test at the scene.  By the looks of his daddy’s SUV,  Kenneth Bain probably didn’t even slow, or brake.  Both cyclists were killed on impact.  He was arrested on two counts of intoxication manslaughter, but was out on 50K bond the very next day.  The original intoxication manslaughter charges have now been reduced to manslaughter.

Where is the outrage ?  I hope that the Dallas/Ft. Worth cycling community is watching this case closely.

Another Open Records Request

So I started my Monday at the Office of Perry’s General Counsel.  Once again they seemed stunned that a constituent would hand deliver such a thing.  Again, they tried to get me to mail it, or email it.  Again I had to insist they take it and give me a dated receipt to prove it.  Come on Perry!  This is something your constituents can legally do.

I am filing this second request for public information under the Texas Public Information Act.  On June 22, 2009 I requested among other things: “….logs of phone calls….regarding any objections and or opposition to SB488-the “safe Passing” legislation recently approved by the Texas Legislation by overwhelming margins.  The phone records received from your office on July 7, 2009 are incomplete.  There are major gaps in the chronological numbering of the phone calls in the logs.

  1. Please provide all logs, or documentation of phone calls and office visits regarding any objections and or opposition to SB488.
  2. Please indicate how many emails and phone calls received by Gov. Perry’s office in support of SB488.
  3. Please indicate how support and opposition for SB488 were recorded.

Included in the records I received were several papers with tick marks (see attached copies).

  1. Please explain/indicate if these tick marks were also recorded in the previously submitted phone logs (see attached), or if they were only in regard to the calls immediately prior to the Governor’s veto (as noted on one of the sheets)

It is my understanding that state law requires the reproduction of these records within 10 business days.  Thank you for processing this request for these public documents.  If you have any questions, please contact me at:

The reason for this second request was due to the fact that there are a substantial number of records missing from the Call Logs that they provided.  The only reason I noticed this was because the Governor’s office threw a smokescreen challenging my numbers when the Press descended  upon them.  I went back and scrutinized every single email, and calls, when I noticed that 7 of the opposition emails were regarding another bill entirely, 1 opposition email was counted 4 times, and 1 was actually a proponent.  That brought their total of opposing emails down to a whopping 38!  That is when I discovered the break in the numeric chronology on their call logs.

Stay tuned for ACT IV and please sign the Bike Texas petition here.  We’re not done with you yet Perry…..

Leslie Luciano

29 Comments leave one →
  1. Jenny permalink
    July 27, 2009 10:13 pm

    Great job!!! A huge thanks from all of us for staying on top of this!!

  2. July 28, 2009 12:54 am

    Thank you for pursing this like you are!!!

  3. July 28, 2009 1:13 am

    Great job, keep after them. Out-freaking-rageous.

  4. Guy who has a crush on that hot, skinny girl at Bicycle Sport Shop. permalink
    July 28, 2009 1:19 am

    Tinfoil. Hats. You just lost a customer. This is conspiracy stuff now.

    • Captain obvious permalink
      July 28, 2009 5:23 am

      Hi, Kenny!

    • July 28, 2009 7:48 pm

      Okay, I confess. I got a little caught up in my conspiracy theories! I struggled with that a bit yesterday…”do I, don’t I…” and just went with it. You’ll be pleased to know that I’ve cleaned it up, and removed the speculation. I can admit it when I’m wrong.I re-visited the blog today. Thanks for the feedback.

      One thing I can’t help you with: That hot, skinny girl is getting married next month! You can look but you can’t touch! Sorry “guy who has a crush on that hot, skinny girl at Bicycle Sport Shop”.

  5. July 28, 2009 11:50 am

    Great job…let me know how I can help.

    Joe Mizereck
    “3 Feet Please”

  6. John Abrams permalink
    July 28, 2009 5:44 pm

    Great Job! Keep after ’em!

  7. July 29, 2009 2:26 pm

    Keep up the great work. I called the guv to try to get him to NOT veto the bill, and haven’t been able to understand why it was vetoed. I thought he was just thumbing his nose at the left because he perceived they were the main supporters. Now the picture is getting a bit clearer. Again, thanks, and let us know how we can help.

  8. July 29, 2009 7:27 pm

    All that I can say is WOW!

    I came across this link accidentally while looking to see what happened with young Mr Bain after the accident. Quite interesting that the main person that the articles list (I must assume the source was the wires) was a Kenneth Bain of Duncanville, and that young Mr Bain was also from Duncanville…

    Mr Bain Sr owns a CPA firm in Duncanville, TX. It’s name is his own…

    I smell something fishy, but am not about to say conspiracy, but it definitely deserves looking into further. Perhaps we can get an investigative reporter to take the job on…

  9. dahveed permalink
    July 29, 2009 11:24 pm

    Perhaps Mr Duncan believes his son wasn’t closer than 3 feet to the cyclists he hit and killed.

    They (the DA) should never have reduced charges in this case.

    This smells bad all the way around. All the more reason to get rid of Perry as Gov. (or any elected position). His actions are tainted with the smell of bad politics.

  10. Alonso A. de Araya permalink
    July 30, 2009 9:30 pm

    Thanks for doing this. Is it possible or legal to post the names of those callers?

    • August 3, 2009 8:25 pm

      Sure it is. It is public information, and was gained through the Freedom of Information Act. Unfortunately the Governor’s office failed to take names of the callers. Hmmmmm. However, I do have the names of the authors of the 38 emails that asked Perry to Veto the Bill. Let me know if you’d like them. I’m happy to share.

  11. July 30, 2009 9:38 pm

    I was struck by a drunk driver while riding on 4/30/09 in Celina, TX and suffered severe injuries (broken pelvis, 7 ribs, 4 vertebrae, etc, etc). I’m riding again and expect to commute again soon.
    Bikes belong on the road and we need to do everything we can to make it safe!
    I love seeing the Share the Road signs now in Frisco, part of my commute is on these streets.
    Gov, give us some help here! If nothing else, this law could be the vehicle to increase awareness of our rights on the road!

    • August 3, 2009 8:27 pm

      Wow. I’m so sorry. Heal quickly and jump back on that horse! Perry seems to think we’ll go away. He forgets that public roads aren’t public if you keep public citizens off of them. We have a right legally to share the roads, and should be able to do that safely. Get well soon.

  12. July 31, 2009 3:32 pm

    I emailed the author of the article in the Houston and San Antonio papers. He wants to do more investigation and followup. He also wants cyclists responses to these two questions:

    [BOLD]Why do think it was inappropriate for Mr. Bain to contact the governor’s office with an urging that he veto SB488?

    Has this (Bain’s letter) become an issue for cyclists? If so, is there a concensus? What are they saying?

    Please respond to him at :

    • July 31, 2009 4:39 pm

      Thank you for the head’s up. I just met with Mr. Scharrer this morning. There is going to be a follow-up story with our responses to both of those questions:

      1. Mr. Bain’s son is being tried for 2 counts of vehicular manslaughter. He mowed down two cyclists after being up all night at a bachelor party. One would think he would be sensitive to these families of the two victims, and not weigh in on this issue. Perhaps he felt this veto would enhance his son’s defense. I can only speculate. Regardless it was in poor taste.

      2. Bain’s letter is definitely adding fuel to the emotional fire within the community. I can say there is a majority consensus in the data I’ve collected.

  13. August 1, 2009 8:17 am

    Keep after it! I have posted the petition link on my Blog’s Resources Section.

    Next Texas will be lie Colorado & Iowa with their State Legislatures banning Bicycle use on Streets. See Guitar Ted’s Post tonight (7/31/09) on .


    • August 3, 2009 8:29 pm

      Thank you Marc! I like your blog. Keep up the good work. I didn’t see the link to the petition in your resources section. It is Maybe I’m just having a Monday!

      • maryeaaudet permalink
        August 4, 2009 5:29 pm

        It is there…Texas Safe Passing Bill Petition: Fire back at Gov. Perry’s Veto.

        It’s okay to have a Monday. Check again, it is Tuesday now.

        This Bain Character lives two cities over from me.

  14. Kurt permalink
    August 14, 2009 8:15 pm

    I get sick when I think about this. I sincerely hope that both flavors of Kenneth Bain (sr and jr) die a slow, excruciatingly painful death in the very near future.

    I will do anything I can to boycott the business of sr, push for a retrial on jr, and get Perry out of office.

  15. August 16, 2009 3:55 am

    I ran across this tonight on a DORBA Forum.

    Wfaa the local ABC Affiliate seems to have more on the Bain’s of Duncanville.

    I thought it might be of interest to you.



    Ride Hard!!

  16. August 19, 2009 10:14 pm

    Here is the story of what seems to be another statistic.

    The link to is here:

    It seems that roadies are becoming a target in Texas.

    Ride Hard!

  17. Kurt permalink
    August 20, 2009 3:13 pm

    Another sad story, I just don’t understand the veto – I realize that legislation will not make riders safe, but if there is a way to punish drivers for the killing of a cyclist it would be a start down the road to safer cycling (or any ‘vulnerable’ road user).

    In the mean time, by all means, let’s all go around trying to kill cyclists with our cars, we will definitely not be punished. Weeeeeeeee!!!!

    • Tonya permalink
      July 23, 2010 6:51 am

      What a sad, horrific event! I am always so afraid when I’m driving past a cyclist, that he will make a sudden turn or a teen driver will be not as alert as they should be. It is just so scary! It is like not wearing your seat belt times 100. I’m thinking that it is the most unhealthy type of activity!

  18. August 20, 2011 4:28 pm

    Here’s a recent Ohio case – a JUDGE is killed by a lady who says she saw a “raccoon” and swerved and suddenly, all of a sudden, out of the blue, from nowhere, appears a large man on a bicycle…except she didn’t KNOW it was a man on a bicycle, she thought it was, maybe, a mailbox, so she kept going after she clobbered it… except her daughter said, “I think you hit someONE, not someTHING”, so she dropped her 2 kids off, and went back with hubbie… turns out… wait for it… she was intoxicated… but not just drunk… like REALLY drunk… 0.284% BAC drunk…
    she was just indicted for aggravated vehicular manslaughter, and six other crimes…


  1. Safe-passing in Austin: ordinance appears to be alive and well | Team Chupacabra
  2. Rick Perry Earns Wheel Sucker Award for Vetoing Safe Passing Bill | Blue Roots Strategies, Inc

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