Texas news at 4:30 a.m. CDT. The supervisor is Linda Stewart Ball, reachable at 1-800-442-7189, or 972-991-2100. For photo questions, call 312-516-2618. For photo reruns, call 212-621-1904. National and international story reruns are also available from the Service Desk (800-838-4616). AP stories, along with the photos that accompany them, can also be obtained from apexchange.com. For technical assistance, call 800-527-8936. For questions about GraphicsNet, call 212-621-1905. To send stories to the AP, send to aptexas(at)ap.org. TEXAS REDISTRICTING AUSTIN, Texas The U.S. Department of Justice said in a court filing that Texas’ new voting maps for Congress and for the Texas House do not meet federal anti-discrimination requirements, setting up a legal battle that will decide the landscape of future elections in the state. The case, which involves the election districts drawn by the Republican-led Texas Legislature, will likely be decided by a federal court in Washington, D.C. By April Castro. TEXAS EXECUTION HUNTSVILLE, Texas A former Army recruiter condemned for the rape-slaying of a woman in Fort Worth nearly a decade ago is looking to the U.S. Supreme Court to stop his execution for a third time this year. Forty-seven-year-old Cleve Foster faces lethal injection Tuesday evening in Huntsville. Foster was spared by the Supreme Court in January and again in April. His lawyers are arguing he’s innocent and had deficient legal help during his trial and early in his appeals. State lawyers say his issues have been resolved by the courts and the last-day appeal is just another attempt to delay the punishment. By Michael Graczyk. Eds: Will be updated. Execution scheduled for just after 6 p.m. CDT. ELDERLY RAPES-TEXAS EDNA, Texas A Southeast Texas jury will hear from mental health experts as trial continues of a former Texas prison employee accused of being a serial rapist who targeted older women. Billy Joe Harris has pleaded not guilty by reason of insanity. Experts were to testify Tuesday in support of Harris’ claim he suffers from multiple personality disorder. By Juan A. Lozano. Eds: Will be updated. Testimony to resume at 9 a.m. CDT. BORDER SECURITY FORUM BROWNSVILLE, Texas Four months after President Barack Obama went to the other end of the Texas-Mexico border to tally achievements in border security and call for comprehensive immigration reform, a Republican congressman said the border remains unsafe and convened a hearing in this border city to show it. “I do believe that the concept out of Washington that the border is as secure as it has ever been is not actually factual,” said U.S. Rep. Ted Poe, a Texas Republican. “The federal government is probably doing more than it has in recent years but the border … is still not secure.” By Christopher Sherman. WARDEN’S WIFE MANGUM, Okla. Seventeen years after the wife of an Oklahoma prison warden disappeared with a convicted killer, jurors have finally begun to deliberate whether she was kidnapped or ran away with him to build a new life on an east Texas chicken ranch. Bobbi Parker’s long, winding trial took the entire summer to complete. It included nearly 80 witnesses and more than 800 pieces of evidence in an effort to reconstruct their high-profile disappearance on Aug. 30, 1994. By Tim Talley. BACHMANN-2012 WATERLOO, Iowa Republican presidential candidate Michele Bachmann said she was not arguing that a vaccine intended to prevent cervical cancer caused mental retardation when she repeated the scientifically unfounded claim last week. The Minnesota congresswoman said she was relaying what a distraught woman told her after a GOP presidential debate in Florida in which Bachmann criticized rival Rick Perry for ordering the vaccine in Texas. By Thomas Beaumont. SOLAR MANUFACTURER-INVESTIGATOR WASHINGTON The chairman of the House Judiciary Committee has called for an independent investigator to look into a $528 million loan approved by the Obama administration for a now-bankrupt solar energy company. Rep. Lamar Smith, R-Texas, said an outside lawyer is needed to determine “whether politics played a role” in the Energy Department loan for California-based Solyndra Inc., which declared bankruptcy this month and laid off its 1,100 workers. By Matthew Daly. LISTERIA-CANTALOUPE WASHINGTON Four people have died in an outbreak of listeria traced to Colorado cantaloupes, the Centers for Disease Control and Prevention said. The CDC said that 35 people in Texas and nine other states have been sickened in the outbreak so far. By Mary Clare Jalonick. PENNEY-VORNADO NEW YORK J.C. Penney Co. said in a regulatory filing that Vornado Realty Trust will be allowed to increase its stake in the company to as much as 15.4 percent. The move comes almost a year after the department store chain adopted a “poison-pill” in an effort to ward off hostile takeovers. The tactic can result in more shares being issued by the target company, resulting in a higher takeover price. Also: BORDER AGENT KILLED An off-duty Border Patrol agent and a house guest were fatally wounded when a dispute between the two erupted in gunfire. TEXAS-COURTHOUSE LEAK A downpour from a thunderstorm exposed a leak in a Central Texas courthouse roof and soaked hundreds of boxes of court and government files. SHAPIRO-RE-ELECTION State Sen. Florence Shapiro says she won’t seek re-election next year. PLANE CRASH Authorities say a small plane headed from Dallas to Mesa, Ariz., crashed in central New Mexico on Monday afternoon, killing the two men who were onboard.