Dusek said Morales, who had planned to unveil the settlement today, would be unable to announce the agreement before Thursday. Lawyers for both sides were still working out details, he said, but he insisted there were no major hang-ups. U.S. District Judge David Folsom of Texarkana, meanwhile, delayed jury selection for the second time this week to give both sides more time to wrap up an agreement. He rescheduled jury selection for Friday, if necessary. They said they expect the agreement to set aside part of the first installment to beef up an anti-smoking media campaign conducted by the Texas Department of Health.
Supporters say that program was underfunded by lawmakers.
State Rep. Hugo Berlanga, D-Corpus Christi, who sponsored the insurance program, said people familiar with the agreement had indicated the program would receive some of the tobacco funds. Junell said those programs may be worthwhile, but it is the Legislature's job to make spending decisions. Bush spokeswoman Karen Hughes said the governor agreed. He feels the Texas Constitution gives the authority to consider the availability of funds and the spending needs of the state to the Legislature. Hughes said Bush doesn't plan to call the Legislature into special session to appropriate any tobacco proceeds.