http://www.texasobserver.org/showArticle.asp?ArticleID=915But May’s pending lawsuit against Bush will keep the focus on the funeral industry and on the Commission’s efforts to police it. The lawsuit, filed thirteen months ago and amended in mid-April to include Bush as a defendant, alleges that the Governor "knowingly permitted his staff to intervene improperly" in the investigation of S.C.I. by May and her employees. The suit also claims Bush’s actions are an abuse of power and were designed to "subvert the lawful conduct of public officials in the performance of their official duties."
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The suit claims Bush and a handful of state legislators sprang to S.C.I.’s defense because the funeral company gave tens of thousands of dollars in campaign contributions to the politicians. The suit delineates the many connections between Bush and S.C.I.’s chief executive officer, Robert Waltrip, who has known the Bush family for three decades. His company’s political action committee gave Bush $35,000 for his 1998 campaign, and Waltrip gave Bush $10,000 for his 1994 race. Waltrip also serves as a trustee for former president George Bush’s presidential library in College Station, and S.C.I. donated more than $100,000 toward the construction of the library. Given those connections, the lawsuit claims that any suggestion that Bush would not have intervened on Waltrip’s behalf is "highly unlikely on its face."
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Over the past few months, Robbins and the Commission chairman, Austin lawyer HARRY WHITTINGTON, have repeatedly said their efforts to reopen the investigation into S.C.I. were stymied because they could not find all of the documents compiled by May and her investigators. But during an interview in late April, Robbins and Kubicek said two file boxes full of S.C.I.-related materials had suddenly materialized in the Commission’s file room, in their rented office space in downtown Austin. "Two boxes just appeared," says Kubicek. "Either I’m the most inept investigator ever to put on a pair of cowboy boots, or information just arrived."
Neither of the men offered any explanations on how or why the files could have been removed and later replaced. But it seems the magical reappearance of the files will help the Commission pursue its case against S.C.I., though it’s not clear to what extent Robbins and Kubicek will fight to maintain the $445,000 fine imposed against the company.
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But given all the plot twists of late, and the possibility that the future president of the United States will end up on the witness stand to talk about the funeral business, don’t be surprised if one of the smallest agencies in the state pops up in a ratings sweep.
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