Sunday, November 9, 2003 PAGE 5D Laredo Morning Times Local News Latin Music Eccentric fusion just part of this three-ring Circo BY RAMIRO BURR The Puerto Rican group Circo has been drawing rave notices for the odd mix of pop and rock on its debut CD, “No Todo lo que es Pop es Bueno.” But the responses haven‘t all been positive. Hard rock groups decry Circo as a lightweight, while traditionalists consider the band too radical. Keyboardist Eggy Santiago said the group doesn‘t mind the attention either way. “On this record, we wanted to fuse many elements of pop RAMIRO BURR but we wanted it to be interesting,” he said in a recent conference call with the band. “We‘re rockers who don‘t think pop is a bad word. Pop has become a bad word for many people in the rock world, because they think it‘s lost its essence or the interest of musicians.” One source of friction is the band‘s left-bank reading of the bolero classic “Historia de un Amor.” For those familiar with the original 1950sera hit made famous by Trio Los Panchos or Javier Solis, the tune is almost unrecognizable. Its electronica-trance-rock rhythms would be strange enough, but lead singer and songwriter Jose Luis “Fofe” Abreu has the same ghostly vocal style of the Cure‘s Robert Smith. “When we were picking songs, we wanted to choose one that was a classic of international pop of all time and make a unique version, Circo-style,” Santiago said. “We looked at many songs and settled on ‘Historia de un Amor,‘ which is a song many of our parents identify with, and procreated us with. “And if a song could do all that, we should keep enjoying it, so we wanted to make this version. We like it, and the people enjoy it a lot.” Despite the echoey vocals and futuristic ambience, the tune still connects with its powerful lyrics about looking back on a time when your life was being lived to the fullest. Elsewhere, Circo is all over the map. On “Estrella de los 100 Mares,” the group fades between early Yes and the Smiths, while “Libelula” fascinates with its tribalistic percussion and trancelike atmosphere. But everywhere, Abreu‘s light tenor and plaintive vocal style infuses the music with an ‘80s new wave nostalgia. The songs also range widely in their themes. The mellow ballad “Cualquier Dia es Gris” reflects on what it takes to survive the blue days we occasionally encounter. The odd, tempo-shifting, danzon and rapflavored “Odiame” ponders the concept that hate is better than no emotion at all when it comes to a relationship. By contrast, “El Beso” is a beautiful, sunshiny ballad about how true love can inspire happiness far beyond expectations. And there‘s the instantly catchy “Nubes,” with its sinister lyrics about balancing lovesick emotions against resentment for being abandoned. “The CD is a record that has different themes about personal experiences. There‘s a lot of metaphor and poetry,” Abreu said. “It has many images. It‘s very sensory. It explores universal feelings and emotions. It invites you to reflect. It‘s an homage to the Caribbean superstition that characterizes we Latinos. There‘s material about love and breakups. “There‘s also a lot of fantasy, eroticism, sensuality. The songs are made like works of art where anyone can give them the meaning they want, given their own experience.” Abreu began his career with the tropicalrock band El Manjar de Los Dios in 1994 but split for a solo career in 2000. He took Santiago and drummer Jose David Perez to Market Talk CIRCO form Circo, which made its debut at the 2001 Latin Alternative Music Conference in New York. Fans of the previous band were surprised to hear an eclectic pop-rock fusion instead of the previous tropical-rock sound. “When the band broke up, because not everyone had the same motivation, we decided to form Circo,” Abreu said. “We invited Nicolas Cordero to play bass and Orlando Mendez on guitar. They‘re two musicians we know from the Puerto Rican scene. We wanted to make a musical fusion. We holed up in the studio for three months in order to come up with songs, fuse rhythms, making a mix that we hoped would be accessible to the public - something with pop elements but that was also interesting for the musicians.” Circo‘s odd look is also part of the band‘s charm. Half of the members sport mohawks. Loud, colorful shirts, thick ‘70s ties, patterned slacks and tennis shoes are the “look.” The band‘s debut CD was nominated for a Latin Grammy for best rock album last year. It originally was released independently in 2001. The group was signed up by Universal earlier this year, and that label re-released the CD with several new tracks. It includes a bonus live CD with five tracks, including “Nubes,” “Libelula” and “Sufro.” UPCOMING ROCK SHOWS Rock fans can check out the McXimo De La Musica Latino rock festival on Thursday (Nov. 13) which will feature Molotov, Maldita Vecindad, Akwid, Los Rabanes and El Gran Silencio at the Verizon Wireless Theater in Houston. Tickets through Ticketmaster. Mexican rocker Alejandra Guzman swings through several Texas cities in a few weeks on her current tour including San Antonio on Nov. 28, Dallas on Nov. 26, Laredo on Nov. 29 and Houston on Nov. 27. A venue has yet to be determined for Houston. (Ramiro Burr covers the Latin music scene each week. Burr is also the author of “The Billboard Guide to Tejano and Regional Mexican Music,” on Billboard Books. For questions or comments call Burr at (800) 555-1551, ext. 3429, or e-mail to rburr@express-news.net.) Law Notes Nation’s debt not excessive Texas Public Information Act 2 BY ARCHIE RICHARDS Tom questions the optimism I expressed in my Sept. 29 column (see Www.archierichards.com). I said America is approaching its golden age. Tom writes that the U.S. financial system and the big banks are shaky because of risky loans and excessive reliance on derivatives. Underfunded pension liabilities and the growing debt of consumers and government are serious problems. A. RICHARDS The unfunded pension liability of General Motors alone is greater than the company‘s current market value. I can‘t remember a time, Tom, when some market pundit didn‘t proclaim that the United States had excessive debt. Yet for the most part, the economy has kept moving up. Bear markets (those are the disagreeable kind) are caused by bad government policies, not excessive debt. Policies are better than they were in the 1970s and a great deal better than the ones that caused the Great Depression in the 1930s. Our economy is not teetering on the edge of disaster. If it were, it would have fallen over the edge during the 2001 recession. Actually, high-tech stocks did fall over the edge. From March 2000 to October 2002, the Nasdaq fell 76 percent. (Nasdaq is an index of 5,400, large, mostly high-tech stocks not traded in any one place, such as the New York Stock Exchange. They‘re traded electronically in cyberspace.) In 2000, many high-tech companies had enormous debt. But this didn‘t cause the failures. As described in my column of March 3, 2003, high-tech companies faltered mostly because of damaging regulatory policies of the Federal Communications Commission. I doubt that the commission will repeat them. U.S. banks survived the bankruptcy of hundreds of high-techs in 2001 and 2002, and are not riddled with bad loans now. In some parts of the economy, derivatives are potential problems. (An investment company that incurs risk in one market acquires opposing investments in other markets to offset the risk. A mutual fund manager who‘s bearish short term, for example, might sell S&P 500 futures contracts instead of liquidating his long-term holdings. If the market falls, the money lost in the portfolio is offset by gains in the futures contracts. This is a simple example — most derivatives are highly complex.) The major mortgage companies, Fannie Mae, Freddie Mac and the Federal Home Loan Banks, are too big. They hold too many of the nation‘s mortgages and depend too much on derivatives. If they guess wrong about the derivatives needed to offset their risk, big trouble could result. The fault is the federal government‘s. It has given an implicit guarantee that if those companies falter, the government (that‘s you and me, kid) will cover the losses. Whenever the government guarantees against loss, people take advantage by incurring excessive risk. Congress is now addressing this issue. I doubt it will revoke the implicit guarantees, as it should. But Congress will probably resolve the problem well enough before disaster strikes. In general, derivatives hedge risk. The U.S. banking system and the entire economy would be more vulnerable without them. As you say, General Motor‘s unfunded pension liability ($28 billion) exceeds the company‘s current market value ($24 billion). But most of GM‘s pension payouts will occur in the future, while the company‘s market value is current. After U.S. stock prices rise by 50 percent (this won‘t take many years), unfunded pension liabilities will seem less of a problem. Besides, General Motor‘s market value is only 0.2 percent of the nation‘s $11 trillion Gross Domestic Product. (GDP is a measure of the entire economy.) Even if the company went bust (which it certainly won‘t), the economy is too diverse and resilient to be brought down by it. Personal debt is high, but mostly because tremendous increases in mortgages, which are secured debt. Federal debt is 37 percent of the GDP. That‘s relatively low. In 1946, federal debt was 108 percent of the GDP! Despite that, stock prices rose. In 1993, federal debt was 50 percent of the GDP. Stock prices again went up. With the debt now only 37 percent, stock prices have every reason to do the same. I‘m bullish. The U.S. stock market is taking off, and foreign stock markets are rising even faster. Buy stocks from throughout the world! (Archie Richards welcomes reader questions. E-mail him via www.archierichards.com or write him c/o Creators Syndicate, 5777 W. Century Blvd., Suite 700, Los Angeles, CA 90045. Correspondence is treated confidentially and not quoted without changing names) BY RONALD RODRIGUEZ Last week we discussed generally the Texas Public Information Act (the Act) also known as the Texas Open Records Act. This week we will discuss the procedure, deadlines, remedies and penalties under the Act. After an application for public information is made, an officer for public information of a governmental body shall promptly produce public information for inspection, duplication, or both. R. RODRIGUEZ Tex. Gov‘t Code § 552.221. The officer for public information complies with the Act by providing the public information for inspection or duplication in the offices of the governmental body; or by sending copies of the public information by first class United States mail if the person requesting the information requests that copies be provided and pays the postage and any other applicable charges that the requestor has accrued. Id. at Section (b). If the requested information is unavailable at the time of the request to examine because it is in active use or in storage, or if the officer cannot produce such information within 10 business days after the request is mailed, the officer for public information shall certify this fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication. Id. at Section (c) and (d). “The charge for providing a copy of public information shall be an amount that reasonably includes all costs related to reproducing the public information, including costs of materials, labor, and overhead. If a request is for 50 or fewer pages of paper records, the charge for providing the copy of the public information may not include costs of materials, labor, or overhead, but shall be limited to the photocopying costs, unless the pages to be photocopied are located in (1) two or more separate buildings that are not physically connected with each other; or (2) a remote storage facility.” Tex. Gov‘t Code 552.261 (a). A governmental body that receives a written request for information that it wishes to withhold from public disclosure and that it considers to be within one of the exceptions, must ask for a decision from the attorney general about whether the information is within that exception if there has not been a previous determination about whether the information falls within one of the exceptions. Tex. Gov‘t Code 552.301. If the governmental body fails to make such a request a presumption arises that the matters are subject to required disclosure. Tex. Gov‘t Code 552.302. There are both civil and criminal remedies for violation of the Act. A requestor or the attorney general may file suit for a writ of mandamus compelling a governmental body to make information available for public inspection if the governmental body refuses to request an attorney general‘s decision or refuses to supply public information or information that the attorney general has determined is public information. A suit filed by a requestor under this section must be filed in a district court for the county in which the main offices of the governmental body are located. A suit filed by the attorney general under this section must be filed in a district court of Travis County, except that a suit against a municipality with a population of 100,000 or less must be filed in a district court for the county in which the main offices of the municipality are located. Tex. Gov‘t Code 552.321. There are also criminal penalties if a person commits an offense if the person willfully destroys, mutilates, removes without permission as provided by this chapter, or alters public information. Tex. Gov‘t Code 552.351. An offense is a misdemeanor punishable by: (1) a fine of not less than $25 or more than $4,000, (2) confinement in the county jail for not less than three days or more than three months; or (3) both the fine and confinement. Id. A person also commits an offense if the person distributes information considered confidential under the terms of the Act. An offense under this section is a misdemeanor punishable by (1) a fine of not more than $1,000; (2) confinement in the county jail for not more than six months; or (3) both the fine and confinement. A violation under this section constitutes official misconduct. Tex. Gov‘t Code 552.352. With certain exceptions and affirmative defenses an officer for public information, or the officer‘s agent, commits an offense if, with criminal negligence, the officer or the officer‘s agent fails or refuses to give access to, or to permit or provide copying of, public information to a requestor as provided by the Act. Tex. Gov‘t Code 552.353. An offense under this section is a misdemeanor punishable by (1) a fine of not more than $1,000; (2) confinement in the county jail for not more than six months; or (3) both the fine and confinement. A violation under this section constitutes official misconduct. This article highlights some of the many detailed provisions of Texas Public Information Act. However, for specific advice regarding a particular set of facts and circumstances, an attorney skilled in this area of law should be consulted. (Ron Rodriguez is a prominent local attorney and President of the Laredo-Webb County Bar Association. He can be contacted via e-mail at ronlaw@rio.bravo.net and by calling (956) 796-1000.)