FORT WORTH — Democrats and community activists pushed Tuesday night for the creation of a majority-minority justice of the peace/constable precinct at a public hearing on Tarrant County redistricting.

County commissioners were presented with a proposed “minority opportunity” map that carves out a compact Precinct 7 in east Arlington and Grand Prairie that would be made up of 57 percent minorities.

Precinct 7 currently anchors the southeast quadrant of the county. The proposed map would turn it into a long, slender slice of eastern Arlington and south Grand Prairie.

Democrats as well as NAACP and LULAC representatives said that under the current precinct map, only two of eight precincts give minority voters a chance to elect a justice of the peace and constable.

Opponents said the new map would create unwieldy administrative districts by stretching the current Precinct 2, now centered in central Arlington, from Grand Prairie to the southern edge of the county.

Before the public hearing, Commissioner Roy Brooks, the lone Democrat on the commissioners court, vehemently denied rumors that he was involved in drawing the new map.

Wendy Burgess, a Mansfield City Council member, said the changes would cause unnecessary administrative expenses and noted that Precinct 3 is represented by a minority constable and justice of the peace.

Former Democratic state Rep. Chris Turner of Arlington supported the new map.

“In a county where the bulk of the population growth has occurred in minority populations, it’s only fair that minority voters have increased opportunities to elect the candidates of their choice,” Turner said

Kelly Cannon, a tea party member from Arlington, said the proposal is racially motivated.

“It is a sad day when skin color motivates district lines,” she said.

After the public hearing, Commissioner Andy Nguyen, the first county commissioner of Vietnamese heritage, drew an ovation when he told the crowd that the real challenge for minority communities is the lack of engagement, not the lack of representation.

“If we increase the number of voter registrations from the minority community by about 5 percent and if we learn to work together, then we will have representation and that is really the challenge,” he said. “It’s about the quality of your idea and the quality of your leadership — it’s not about the color of your skin.”

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By LEIGH MUNSIL | The Dallas Morning News | September 16, 2010

ARLINGTON – When Stewart Lee Richardson crashed into an Arlington family Feb. 20, 2009, he had accumulated seven convictions for driving under the influence in at least four states.

That night, Richardson had a blood alcohol content of 0.25 percent – three times the legal limit – when police said he slammed his pickup into a Honda Accord at a red light in south Arlington. The impact crushed 2-year-old Abdallah Khader, who was in the back, strapped to his car seat. Doctors have said 80 percent of his brain was destroyed.

In honor of the boy, state Rep. Chris Turner, D-Burleson, announced two potential pieces of legislation to strengthen penalties for DWI offenders, particularly those who cause severe brain injury.

“Clearly there’s a difference between a broken leg and a permanent vegetative state,” Turner said at Thursday’s news conference in Arlington. But under existing law, a drunken driver who causes either of those injuries will be charged with “intoxication assault.”

Turner’s proposal, called “Abdallah’s Laws,” would draw a distinction between levels of injury caused by drunken drivers, creating a stricter penalty for injuries that permanently destroy brain function.

The second part of the proposal would clarify a point of confusion caused by current Texas law over how to interpret DWI convictions that occurred in other states for sentencing purposes.

In one of Richardson’s previous cases, he injured an Iowa family in a wreck. Though he committed the exact same crime in the Arlington crash, Iowa considers drunken driving that causes injury a misdemeanor. But in Texas, it is a felony.

“It shouldn’t be a matter of semantics; it ought to be a matter of substance,” said state Rep. Pete Gallego, D-Alpine, chairman of the committee on criminal jurisprudence.

Under “Abdallah’s Laws,” even if another state calls a previous conviction a misdemeanor, the Texas court would consider it a felony when taking into account the offender’s criminal history.

Earlier this year, a judge ruled that Richardson’s previous convictions should be counted as misdemeanors, which the Tarrant County district attorney’s office appealed. The Second Court of Appeals in Fort Worth is likely to hear arguments in the case by early 2011, said Tanya Dohoney, the assistant criminal district attorney overseeing the appeal.

“It’s really sad that no prosecutor in the past has taken a stand on this guy,” Dohoney said. “He’s the poster child of repeat offenders of DWI. He is the worst-case scenario.”

If the previous convictions are considered felonies, Richardson would face up to 99 years or life in prison. But if they are ruled misdemeanors, he could serve between two and 20 years.

Lawmakers can’t file bills for next legislative session until November. But before then, Turner has to face a general election challenge from Republican Bill Zedler, the former state representative whom he unseated in 2008 with 51 percent of the vote.

If Turner holds onto his seat, “Abdallah’s Laws” will still have several hurdles to overcome before they can become reality.

Each session, thousands of bills are proposed and only a fraction of them become law. Getting any divisive measure very far next year could be difficult, as a large budget shortfall and once-a-decade redistricting will crowd the legislative calendar.

But Gallego said his committee will consider Turner’s DWI bills at the beginning of the 2011 legislative session.

Where bills like these run into problems is at the end of the session, when a “log jam” effect created by numerous bill filings causes many to be overlooked, he said.

“The sooner you get them out of committee, the better chance you have,” Gallego said.

Abdallah’s mother, Loubna Elharazin, said the little boy, nicknamed “Dudu,” takes 15 medications daily to help him stay alive. Even though a nurse comes to the family’s house for 11 hours a day, Elharazin said she rarely gets more than two hours of sleep at a time.

“The kind of life I live right now, I don’t wish it on anyone,” she said. “I want to make sure this man gets the punishment that he deserves. When you play with people’s lives, there is no second chance.”

Elharazin is expecting another baby between Feb. 14 and 21 of next year – which means the due date could potentially fall on the two-year anniversary of the accident. On the Facebook page “Pray for Abdallah…,” which has more than 10,400 followers, she wrote that she isn’t sure whether to be happy or sad about the timing of the birth.

“Do I really want it to be on that date?” Elharazin wrote. “…Or is happiness going to overcome the accident? Or is God doing this to erase the accident, I’m not sure…”

Even though Richardson will be tried based on existing Texas law, Elharazin said she’s fighting to pass these bills in order to save someone else’s child.

“Someone should have stopped this man the first time,” she said. “The system failed all of us when it comes to DWIs.

“He ended my son’s life. I’m asking him to get life in prison – nothing less.”

(L-R) Duncan McGhee, Texas Veterans Commission (TVC); Charles Buerschinger, TVC; State Rep. Chris Turner (HD96); John Miterko, Texas Coalition of Veteran Organizations; James Nier, TVC; Roy Grona, VFW of Texas; Morgan Little, Texas Coalition of Veteran Organizations

AUSTIN – Today State Representative Chris Turner was named “Legislator of the Year” by the Vietnam Veterans of America, Texas State Council. Turner is the only member of the Texas House of Representatives to receive the honor.

“Representative Chris Turner proved to be a staunch advocate for Texas veterans during the 81st Texas Legislature,” said John Miterko, Legislative Liaison, Texas Coalition of Veteran Organizations. ”Turner has placed the well-being of Texas veterans and their families as his number one priority for which we are all grateful, and which makes him the uncontested choice for the Vietnam Veterans of America, Texas State Council, Texas House Legislator of the Year Award for 2010.”

“I am incredibly honored and humbled by this recognition,” Turner said.  “The Vietnam Veterans of America worked hard to pass the veterans lottery bill and it is they and other veterans leaders who really deserve the credit for its success. I am just happy I could be part of this important effort that will make a meaningful difference in the lives of many veterans across Texas.”

The award reads: “VVA Texas State Council, 2010 Legislator of the Year, Presented to State Representative Chris Turner, In Appreciation For Your Work For The Texas Vietnam Veterans.”

During the 81st Legislative Session, Representative Turner authored and passed several pieces of legislation benefitting veterans and their families. Most notably, Turner authored House Bill 1299, creating a scratch-off lottery ticket to benefit the Permanent Fund for Veterans’ Assistance (FVA).  The FVA provides grants to aid veterans and their families in times of financial need and support PTSD counseling and other veterans’ services.  The lottery ticket was released on November 9, 2009 and has raised over $5.2 million for the FVA.

Turner, who was named “Freshman of the Year” by the bipartisan House Veterans Caucus and given the “Leadership Award” from the Texas Veterans Commission, also passed legislation requiring institutions of higher education to designate a financial aid specialist to be trained on issues related to veterans’ programs, including the GI Bill and the Hazelwood Act.

He was also the House sponsor of legislation to allow state employees, who are members of military reserves or National Guard, to continue to accrue their sick and vacation leave time while they are on active military duty.

(From Right to Left) State Representative Chris Turner receiving CLEAT's "Best of House" award from Arlington Police Association President Randle Meadows, Charley Wilkison, CLEAT's Director of Public Affairs, and Tony Molina, Vice President of the Arlington Police Association.

ARLINGTON - Yesterday State Representative Chris Turner received the “Best of the House” award from the Combined Law Enforcement Associations of Texas (CLEAT) in recognition for his work to protect Texas families and support public safety officers. Turner is among a small group of members of the Legislature to be named “Best of the House.”

“It is truly an honor to be named ‘Best of the House’ by the largest law enforcement association in the State of Texas,” said Turner. “It is an even greater honor to represent so many brave men and women who put their lives on the line to protect Tarrant County families every day.”

“Representative Turner has always been a strong advocate of the law enforcement community,” said Charley Wilkison, Director of Public Affairs at CLEAT. “His deep commitment and support of law enforcement legislation included landmark legislation toughening penalties for criminals.

“We consider Representative Turner a true friend of law enforcement, and look forward to working with him next session in not only looking after the rights of officers, but also continuing to ensure that our communities are kept safe,” continued Wilkison.

Wilkison and Randle Meadows, President of the Arlington Police Association (APA) presented Turner with the award at the Thursday, May 27th APA meeting.

BURLESON — Over the last few weeks, News 8 has reported about the plight of Sherre Mueller. While she owns her Burleson home outright, she lost it to foreclosure for failing to pay her homeowners’ association dues.

It was a story that not only caught your attention, but piqued the interest of state lawmakers.

“You don’t seize someone’s home that’s entirely paid off for a few hundred dollars in back dues,” said State Rep. Chris Turner (D-Dist. 96). “That’s fundamentally unfair and not right.”

Turner is the latest state legislator to tackle HOA reform, and on Monday, he recruited Sherre Mueller to join his fight.

“I want to be an advocate for people to never let this happen again,” she said.

State lawmakers have tried unsuccessfully to reduce the powers of HOAs for years. In 2009, two proposals in the House and Senate ran out of time.

Turner would like to add two major safeguards to the law, including one that would make it impossible for an HOA to foreclose without a court order.

He also thinks members of an association — your neighbors — should have the final say and vote whether to seize a house.

An anonymous donor is helping Mueller buy back her home, and she’s now doing her part to help change the law that allowed it to be taken from her.

“There’s been so many positive things to come of this — it’s unbelievable,” she said.

AUSTIN — Giant wind turbines dotting the Texas landscape have made the Lone Star State the nation’s leader in the development of wind power, but they may also pose a hazard to military installations by interfering with crucial radar operations, state lawmakers were told Tuesday.

Standing 250 feet high with 150-foot-long blades, the wind turbines could cause false signals on radar and endanger aerial maneuvers or produce erroneous information about storm conditions, several military officials told the House Committee on Defense and Veterans’ Affairs.

Interviewed afterward, the officials said they are unaware of crashes or serious accidents resulting from radar interference but expressed concern that windmill encroachment around the state’s military bases could become a growing problem.

Navy Capt. Tracy “T.D.” Smyers, commander of Naval Air Station Fort Worth, who also testified, said the issue isn’t a problem for his installation since there is minimal wind production in North Texas. But he offered suggestions on how communities can work together with military installations to resolve such conflicts, including consulting with base officials.

Smyers cited what he is said is a “great relationship” between the Naval Air Station, on the western edge of Fort Worth, and six surrounding communities, as well as Tarrant County. The communities work with the air station through a Regional Coordination Committee to discuss compatible land use and other issues, Smyers said.

Potential hazard

The concerns raised by other military officials underscore a potential downside of Texas’ emergence as the nation’s leading producer of wind energy.

More than 6,000 wind turbines have sprung up in parts of far West Texas and the Panhandle and along the Gulf Coast in response to the nation’s growing demand for alternative energy. A wind farm in Roscoe, near Abilene, is believed to be the world’s largest.

“The challenge is finding the right balance between promoting wind power and protecting our military installations,” said Rep. Chris Turner, D-Burleson, a member of the committee.

Patrick Woodson of Austin, chief development officer for E.ON Climate and Renewables, one of Texas’ leading wind producers, told the committee that industry officials are open to working with military installations.

“I don’t think anybody in our industry has an interest in limiting any mission,” Woodson said. “We don’t think it needs to be either/or.”

Lt. Col. Michael Bob Starr, commander of the 7th Operations Support Squadron at Dyess Air Force Base in Abilene, said windmills throughout West Texas could pose a potential hazard to B-1 bombers and C-130 transports that fly missions from the base. More than 2,000 turbines have been built within 100 miles of Dyess and others are farther west.

Starr said base officials have persuaded wind turbine developers to redesign projects to avoid adversely affecting operations on or near the base. But he said wind turbines elsewhere in West Texas can interfere with low-level training missions that can sometimes extend up to 120 miles from the base.

In the worst case, Starr said in a statement, they can form “an unknown and potentially catastrophic hazard to our aircrews.”

Radar shadow

Additionally, he said, a dense cluster of wind turbines near the town of Albany can produce a “radar shadow” north and west of Dyess that often obscures severe weather approaching the base.

Committee members were told that the moving windmill blades can create erroneous patterns on radar. Dave Dahl, a Navy official from Jacksonville, Fla., said military officials should be informed about construction plans well in advance to have a chance to weigh in.

Capt. Philip Waddingham, commanding officer of Naval Air Station Kingsville, expressed concern about proposals to greatly expand the number of windmills in the region, which he described as a prime training area for the Navy’s student pilots.

As “these wind farms are built closer and closer to the Naval Air Station,” he said, “we anticipate there being a negative impact.”

ARLINGTON – A repeat drunk driver, John Patrick Barton had three prior convictions and now faces murder charges.

However, his is not the only face that has sparked outrage over the state’s drunk driving laws. Stewart Richardson had seven previous convictions before his alleged eighth left an Arlington child in a vegetative state. If convicted, Richardson’s sentence cannot exceed 20 years, no matter how many convictions.

Now, there is a push to change that.

State Rep. Chris Turner is leading the effort for tougher DWI laws, which would be called Abdallah’s Law, named after three-year-old Abdallah Khader.

While the law wouldn’t help Abdallah, it could help other victims and maybe get more drunks off the roads.

Steroids now help keep Abdallah alive in a permanent vegetative state. Abdallah can’t move, but his story has moved a lot of people. About 10,000 people have signed up on the Facebook page “Pray for Abdallah.” People are outraged by the long DWI history of Richardson, the driver who crushed the Khader family’s car, leaving Abdallah in his current state.

“A person with seven DWIs before, I thought it was obvious to put this man in jail for life,” said Loubna Elharazin, Abdallah’s mother.

Prior to the crash with the Khader family,  the DWIs were in other states. Unless Texas prosecutors convince an appeals court otherwise, the most Richardson faces if convicted is 20 years.

“I think the time is right for the legislature to act on this, and really, really get aggressive with drunk driving,” Turner said.

Turner, who met with Abdallah’s family, wants laws tightened to make sure all out-of-state DWIs carry their full weight in Texas courts. Turner also wants tougher penalties for intoxication assault when the results are catastrophic.

“Obviously, that type of catastrophic injury is far different than breaking a leg, breaking an arm, that sort of thing,” he said.

Change in DWI cases is something Abdallah’s mother hopes will save lives.

“No law that’s going to get passed will take this pain away,” she said. “It’s not going to change anything, but it will protect other people.”

Khader turns four next week. His family will throw him a party, but just like his third birthday, he’ll never know it.

Texas is the worst state for drunk driving deaths. In the state of Texas, there were 1,292 alcohol-related deaths in 2007. Twenty-one percent of were in North Texas, according to Mothers Against Drunk Driving.

Saturday, dozens of members of “Abdallah’s Army,” as they call themselves, will don their bright yellow T-shirts and take part in the annual Walk Like MADD, sponsored by MADD. Thousands are expected to take part in the walk, which begins at 8:30 a.m.

AUSTIN – To leading lawmakers and even some insurance industry experts, State Farm hasn’t exactly been like a good neighbor in recent dealings with state regulators.

The state’s largest property insurer shows no sign of compromising on its marathon legal battle over the state’s ruling that it overcharged homeowners hundreds of millions of dollars.

The insurer – which had an improved bottom line in 2009, according to figures released Monday by the state – has yet to pay a penny to policyholders.

After filing twice in eight months to increase rates, company officials gave a cold shoulder last month to state Insurance Commissioner Mike Geeslin, who suggested State Farm needed to give its customers a break.

And on Thursday, State Farm will take Geeslin and the Texas Department of Insurance to court in an effort to keep the agency from publicizing documents related to the rate spikes, which represent a statewide increase of 13 percent.

Meeting obligations

Company representatives insist that State Farm is just protecting its financial interests and those of its 1.2 million Texas customers with homeowner policies. State Farm also insures about 3 million drivers in Texas.

“Quite frankly, we do this on a regular basis because we have to react whenever necessary to remain in a financial position that allows us to meet our obligations” to policyholders, said Kevin Davis, a spokesman for State Farm in Texas.

Consumer advocates and some lawmakers, who will consider new insurance regulations next year, contend that State Farm has no incentive to abandon its tough-minded tactics as long as the law allows insurers to implement rate increases without the state’s consent.

“I don’t think any insurance company should be allowed to get to the point where they are too big and powerful to be regulated,” said Alex Winslow of Texas Watch, a consumer group active in insurance issues. He accused State Farm of “taking advantage of the marketplace.”

Public Insurance Counsel Deeia Beck, whose state agency represents consumers, said that while State Farm has “a legal right to do what they’re doing, I don’t think it has been a good path to choose” – particularly for its customers.

She noted that the company has used similar tactics in Louisiana and in Florida, where State Farm declared last year that it was going to pull out of the state. It reversed course only after state regulators agreed to let the company raise homeowner rates nearly 15 percent and drop about 125,000 policies.

Dispute over ’03 order

State Farm’s longest-running dispute with Texas is litigation over a 2003 state order for the company to slash its rates 12 percent and issue refunds for excessive charges.

The state’s public insurance counsel said last year that the company owed nearly $1 billion in overcharges and penalty interest. Geeslin offered to settle the case for $310 million in refunds, but State Farm held firm that it owed nothing. The case is back in court again.

“State Farm’s rates are, and always have been, competitive and reflect the risks of the Texas market,” Davis said.

Among the risks, the company argues, are unpredictable weather. Davis also noted that the company has paid billions in claims in recent years and ranks high in customer-service ratings compiled by the state.

Davis rejected the assertion that State Farm constantly battles with the Insurance Department, noting that the company and department staffers frequently cooperate on a variety of regulatory issues.

But some lawmakers are growing impatient, particularly after the company announced the back-to-back rate hikes.

“Most families in North Texas haven’t seen their incomes go up by double digits this year, yet these big insurance companies think it’s OK to increase their premiums by double-digit increases,” said Rep. Chris Turner, D-Burleson. “With Texans already paying the second-highest homeowners insurance rates in the nation, this is unacceptable.”

Several other House members have made similar comments about State Farm in recent weeks.

Sen. Glenn Hegar, who as chairman of the Sunset Advisory Commission will lead a review of insurance regulations soon, voiced unhappiness with State Farm’s decision to try to block publication of certain documents related to the company’s two rate hikes. The agency has already posted most of the rate filings on its Web site – the first time it has done so for any insurer.

“Texans have an absolute right to full transparency and disclosure when an insurance company is attempting to increase rates on its customers,” said Hegar, R-Katy. “I will not allow [insurers] to hide behind the curtain of confidentiality when their actions impact ratepayers and Texas consumers.”

State Farm contends that the documents contain proprietary information that could harm its business interests if competitors see it. The company says no other state allows the release of such information.

Talk of prior approval

One industry insider with close ties to many legislators said he was “amazed at how belligerent State Farm has been in dealing with the Insurance Department.” He also voiced concern that the disagreements could lead to legislation next year that would put a tighter grip on insurance company premiums.

Most talked-about among lawmakers is a switch to a system that would require home and auto insurers to get prior approval from the state before implementing a rate increase. Under the current file-and-use law, companies are allowed to immediately impose higher rates once they have notified the insurance department.

Timing questioned

The commissioner can object and order refunds – plus penalty interest – if the new rates are deemed excessive.

When State Farm notified Geeslin of its most recent increase, the commissioner said the timing was “not in the best interests of Texas consumers” and asked company officials to voluntarily withdraw the rate plan. State Farm refused and said it will implement the changes next month.

“State Farm is the poster child for what is wrong with the system, and the commissioner has given them too much latitude,” said Winslow of Texas Watch.

Davis countered that a prior-approval requirement would be a mistake because the current system fosters competition among companies – and better prices.

“Competition is the most effective regulator of rates,” he said, also pointing out that the commissioner has the ability to regulate rates under the current system.

Background: Texas vs. the insurance giant

State Farm’s battles with the state:

May 2003: The Legislature approves an insurance overhaul to combat record increases in homeowner rates caused by massive claims for mold and water damage.

September 2003: Ordered by the Texas Department of Insurance to reduce its “excessive” rates 12 percent, State Farm files suit to block the order, arguing that its rates are fair.

December 2004: Lt. Gov. David Dewhurst, citing a record $600 million in profits by State Farm over a 15-month period, calls on the company to quit stalling and cut its rates.

July 2006: Insurance Commissioner Mike Geeslin rejects a bid by State Farm to increase rates 23 percent in Dallas County and 11 percent statewide. Geeslin also requires prior approval for future hikes.

May 2008: A state appeals court overturns Geeslin’s prior-approval order and sends the case back to Geeslin for hearings to determine whether the company has overcharged its customers.

April 2009: The commissioner begins hearings in the State Farm case. The Texas Department of Insurance and the Office of Public Insurance Counsel contend the company owes hundreds of millions of dollars in refunds while State Farm says it owes nothing.

November 2009: Geeslin orders State Farm to refund $310 million to its Texas customers for overcharges dating to 2003. The amount is far less than the $1 billion that the state’s public insurance counsel says is owed.

November 2009: State Farm rejects Geeslin’s order and says it will take the long-running case back to state court. A spokesman for the company compares the order to the financial stress that State Farm faced with its massive Hurricane Ike losses in 2008.

SOURCE: Dallas Morning News research

Houston has health insurance.

The news, announced on a Web site set up for the Crowley baby, ended his family’s weeklong fight after the newborn was denied health insurance because he needed surgery to repair a heart defect — what the insurance company called a pre-existing condition.

Doug and Kim Tracy’s battle with Blue Cross Blue Shield of Texas garnered national attention, coming on the heels of historic healthcare legislation, signed by President Barack Obama a week ago, which will require insurance companies to cover pre-existing conditions.

The Star-Telegram reported on the Tracys’ problem on Friday. That evening, Darren Rodgers, president of Blue Cross Blue Shield of Texas, personally contacted the family. Initially he offered to see whether coverage through the Texas Health Insurance Risk Pool could be back-dated to the baby’s birth, Tracy said.

But when that was not possible, he offered to work with Cook Children’s Medical Center to pay for Houston’s medical care.

On Monday, a letter outlining the offer was sent by courier to the Tracy home. Blue Cross Blue Shield agreed to pay the baby’s medical expenses from his birth on March 15 through March 26, when coverage through the risk pool took effect. Houston’s surgery took place on March 19.

“I feel like Blue Cross Blue Shield finally realized they made a mistake and did come through for me,” said Tracy, 39. “I am happy this is taken care of and my little boy is going to be fine.”

Privacy laws prevent Blue Cross Blue Shield of Texas from commenting on individual situations, said Margaret Jarvis, a company representative.

“We understand what an emotional time this is for the Tracy family and we regret the frustration they are feeling,” a statement from the company reads. “What we can tell you is that we’ve responded to Mr. Tracy in writing over the weekend and are pleased to report that we’ve proposed a solution that addresses his and his family’s concerns.”

Tracy said that coverage his son will get through the Texas Health Insurance Risk Pool will cost only $10 more than the policy that he was denied.

Doug and Kim Tracy do not carry health insurance on themselves, but they do cover their two other children and planned to add Houston. The couple said that they are self-employed and find insurance for themselves too expensive. She owns a beauty salon and he owns Burleson Scuba and Paintball. They paid for prenatal care and hospitalization out of their pockets.

Tracy said he called Blue Cross Blue Shield of Texas before the baby’s birth to get the child covered but was told by an insurance representative that he had 30 days after the birth to apply for a policy. Then the baby was born with the defect.

After the denial of coverage, friends rallied around the family and contacted politicians and the media to publicize the situation. State Rep. Chris Turner, D-Arlington, and Sen. Wendy Davis, D-Fort Worth, asked Blue Cross to reconsider its decision. Turner said that it was great news that the medical bills would be covered.

“I commend Doug and Kim for their tenacity in fighting for their son, and am grateful to have had the opportunity to help in this situation,” the statement read.

Doug Tracy said he appreciates all the support his family received. Friends used Facebook and other outlets to garner national attention for the story, which Tracy said put a lot of pressure on Blue Cross Blue Shield. “I think they realized this is not going to go away,” Tracy said.

Blue Cross Blue Shield would not say what prompted its decision, citing privacy laws. The issue is sensitive, Jarvis said, but the company is committed to providing affordable coverage whenever possible.

Tracy said that the money that people raised through benefit concerts and contributed to a fund to pay for Houston’s medical bills will be donated to Cook Children’s Health Foundation.

The Tracy family is an example of a pervading philanthropic spirit that exists at Cook Children’s, said Gary Cole, vice president for development for Cook Children’s.

“In a time of personal need, this family is seeking ways to help others,” he said. “This is the truest form of philanthropy, and we are most grateful for such acts of kindness and concern for our patients.”

The baby was born with a heart defect called D-transposition, where the two major arteries that carry blood away from the heart are switched. Doctors performed a life-saving surgery to repair the defect which was first discovered after he was born.

Tracey family

“I could probably say this was the worst thing I’ve ever had to encounter,” said Doug Tracy, Houston’s father.

Ten days later the family learned things could get worse.

“It was awful,” Houston’s mother Kim Tracy said.

Blue Cross Blue Shield of Texas denied the newborn health insurance, claiming he had a pre-existing condition. It was first reported by CBS 11 Wednesday, and picked up by media outlets across the country the next day.

“With you and your story… it went national by Thursday afternoon,” Doug Tracy said. “By Friday Blue Cross Blue Shield was tired of the phone calls, tired of the emails.”

State Representative Chris Turner and State Senator Wendy Davis also backed the family and sent a letter to BCBS of Texas urging them to reconsider their decision to deny coverage.

“That didn’t happen until after the media,” Tracy explained.

“We understand what an emotional time this is for the Tracy family,” said BCBS representative Margaret Jarvis in a statement issued Sunday, “and are pleased to report that we’ve proposed a solution that addresses his and his family’s concerns.”

“It’s probably a bad experience turned really good,” Tracy said.

The Tracy’s have now learned they’ll be taking their baby home soon and that he’s going home insured. All of his medical expenses from day one will be covered in full by insurance.

“It’s been the best news I’ve had besides Houston’s going home soon,” Tracy said. “That’s the best news, the second best news is that Blue Cross Blue Shield stepped up to the plate and did what they needed to do.”

Now with one fight finished, the Tracy’s can focus solely on their son.

“We’re hoping to have him home by Easter,” the proud father said, “that would be the best Easter I’ve had in my life!”

Friends of the Tracy family started up a website for baby Houston.

It was to help raise money to cover the medical expense but since he now has insurance, the family says all the money donated will be given to Cook Children’s Medical Center, the hospital that saved their son.