First Hearing, Governor’s Order, New Bills
From the newsletter dated March 5, 2021
This has been the been the busiest week of the session thus far, as most committees met for the first time, including Human Services. We heard testimony from officials with the Health and Human Services Commission, the Department of Family and Protective Services, and the Behavioral Health Executive Council. This was a great opportunity to get an update from each agency before we begin to consider new legislation that will impact their operations.
As most of you probably know, Governor Abbott announced on Tuesday that Texas will remove all capacity restrictions on businesses and lift the state-wide mask mandate. This order is effective as of Wednesday, March 10th. A few notes on this executive order: First, businesses reserve the right to set their own safety protocols and may continue to limit capacity and require masks if they so choose. Second, county judges may impose capacity limits back down to 50% in the event of high local hospitalization rates. Third, this executive order does not affect visitation rules at long-term care facilities.
That last point is unfortunate, as it perpetuates the confusion and isolation that many residents of long-term care facilities and their loved ones have faced for almost an entire year. To that end, I am more determined than ever to pass HB 892, The Essential Caregivers Act. As I’ve previously mentioned, this bill would ensure that those in nursing homes, assisted living facilities, and other long-term care facilities have in-person access to a designated essential caregiver. If the companion bill, HJR 46, passes then it will be placed on the ballot for possible inclusion in the Texas Constitution. I’ve included more details on Essential Caregivers below, along with information on my other bill that will receive a hearing next week.
We filed two new bills this week, one relating to Medicaid and the other relating to the Employees Retirement System of Texas. While neither of these bills are likely to grab headlines or tons of attention, they both make important changes that will allow the programs to serve their respective clients better. You can read more about the bills below.
May God bless you and your family,
James B. Frank
ERCOT, PUC, ETC
From the newsletter dated February 26, 2021
I hope that this letter finds each of you warmer and in better spirits than when I last sent out an update. Last week’s severe weather and resulting power outages were truly a disaster scenario, and it is my sincere hope that each of you have emerged as unscathed as possible. That said, the Legislature must now begin the process of finding out what truly went wrong for our state’s power grid to have failed on such a massive scale. This may sound simple, but the truth is difficult to find when competing interests are all pointing fingers. While I think we all understand that intermittent outages are an unavoidable consequence of severe weather, there is simply no excuse for millions of people to go without power for days on end.
This week the House held its first of what will be many hearings on the topic. The House State Affairs and Energy Resources Committees convened jointly to hear from officials with various energy companies and interests, the Electric Reliability Council of Texas (ERCOT) and the Public Utility Commission (PUC). Frankly, I was not overly impressed by the testimony from ERCOT and PUC representatives. There is still a long ways to go as we work to identify and correct the root issues.
From what I have observed, it is clear that all entities dealing with the power grid need to do a better job of clearly communicating with the public and with each other when a severe weather event is in the forecast. We also need more transparency for “critical infrastructure” designations and to make certain that those categories are regularly updated. It is incumbent upon the Legislature to learn and to make real, substantive improvements to beef up the resilience of the electric grid.
For those interested, I’ve included a brief overview of the responsibilities and purpose of ERCOT and the PUC below.
In other news, most committees will meet for the first time next week. I’m excited to kick off our work on the Human Services Committee, where we will have the chance to hear from officials with the Health and Human Services Commission, the Department of Family and Protective Services, and the Behavioral Health Executive Council. This will be an opportunity to dig into the current status of each agency as well as get an update on bill implementation from last session before we begin hearing testimony on new legislation the following week.
May God bless you and your family,
James B. Frank
Power Outage Update
From the newsletter dated February 16, 2021
There is considerable and justifiable frustration over the failures in the Texas electrical grid yesterday and continuing into today. Much time will be spent debating and trying to fix these issues over the coming weeks, months, and perhaps years. For now, I wanted to provide information I received from a call with Electric Reliability Council of Texas (ERCOT) this morning, as well as an update from Oncor that provides some answers based on what is known right now.
What Happened?
I’m going to keep this brief because the Legislature is going to spend the next 3 months analyzing this question, and I pray, making changes that will ensure it doesn’t happen again. With that said, what happened is that we lost a ton of our supply of electricity at the same time that demand skyrocketed because of temperatures. This event has been FAR worse than even the worst-case scenario ERCOT plans envisioned.
The grid was able to meet the high demand numbers on Sunday night when it peaked. Unfortunately, the frigid temps started knocking out a number of the production facilities of all types (wind, natural gas, coal, nuclear) in quick succession. All told, 49,000 MW of power was unavailable right when it was needed the most. As a result, ERCOT had to force the distributors (like Oncor) to curtail demand to make sure that it could meet basic requirements for critical infrastructure. That curtailment was in the form of “rolling blackouts.” Unfortunately, with production unable to come back online quickly, there was not enough capacity in the system to allow the blackouts to roll.
What’s Next?
Power generation facilities have started coming back online this morning and more are expected throughout the afternoon. This means that the current required “load shedding” (enforced blackouts) should lessen throughout the day. However, that most likely means that the areas that have been without power so far are looking at rolling blackouts rather than a full restoration of power. My advice to those without power at this time–especially with more winter weather on the way–would be to plan as though you still won’t have power until tomorrow. If you are in a life-threatening situation, call 911.
Why Has My Power Stayed Off But [FILL IN THE BLANK] Has Kept Theirs the Whole Time?
The one question I have been asked the most since this all began is: “Why have some of my neighbors not lost power at all while I/my family/etc. have not had it for more than 30 hours?” I think all of us are willing to tolerate hardships as long as we feel like it’s fair and this hasn’t felt fair.
ERCOT runs the overall grid for most of the state and they tell the power distribution companies (like Oncor) when they need to cut distribution and by how much. This reduction requirement is assessed equitably throughout the state (Oncor has 36% of the grid load, so they have to account for 36% of the reduction amount). It is up to each individual company to figure out how to meet that reduction requirement.
So why such a disparity between the power haves and have-nots? There are a number of factors that are at play. From my understanding, the primary factor is whether you happen to be along a circuit that is providing power to “critical infrastructure” like hospitals or water treatment plants. If you are on one of those circuits, you will maintain power. However, in order to ensure that those critical places are keeping power, those that have lost power can’t gain it back until that capacity we discussed previously comes back on. Additionally, it could be a very localized issue with the distribution network (lines down, transformers out, etc.) that is addressed on a case-by-case basis.
There are going to be a lot of questions to get to the bottom of once we’re through this. Speaker Phelan has announced a hearing on this next week and Governor Abbott has just today made the electric grid an emergency item for this session. Among all of the important items for us to look at, I want to make sure we examine the prioritization orders for who gets power first (or last in this case) and seeing if that information is available to the public.
Final Thoughts
Truly dangerous weather events challenge each of us and bring out the best and worst in people. As with so many of you, yesterday was crazy for me and my family as our rental home in Austin was without power all day. While not as cold as back home, the sub 20 degree temps were much lower than we expected when we packed to be in Austin. Thankfully, we had some friends that blessed us with a place to stay last night.
I say this to remind all of us that there are those around you that need help. Please take care of yourself and your family and help the many who are truly in danger during this bitterly cold weather. We will get through this challenge and I pray we will be stronger because of it.
May God bless you and your family,
James B. Frank
Schoolhouse Rock, Staff Who Rock, and Subzero Weather?
From the newsletter dated February 15, 2021
With last week’s chair appointments and committee assignments, the 87th Legislature has now begun to slowly pick up steam. Committees have about two weeks to get staffed and organized as hearings will begin towards the end of February. I’ve mentioned it before, but committees are where the sausage is made in the Texas Legislature. I’ve included an explainer on the legislative process, with particular focus on how a bill works its way through a committee.
While I get most of the credit (and all of the blame) for things that happen in my office, I have an amazing, if small, group of staff who keep things running. I thought while things were still slow, I could introduce (or reintroduce) them to you. This session, I’m blessed to have several returning staff as well as a couple who are new to the team. I’ve included a photo (that everyone was very excited to take) below.
Also, I had the opportunity this week to give remarks at an event put on by the Texas Alliance of Child and Family Services. This group is made up of child placing agencies, shelters, and other organizations that directly help Texas children and families. We discussed their priorities and some of mine in the child welfare arena as well as the opportunities that exist to improve foster care and help eliminate unnecessary removals. I always appreciate the chance to talk with the folks who are the boots on the ground in helping children, and I am grateful for their invitation.
Finally, while I love snow as much as anyone, I’m ready for some warmer weather. I can’t remember the last time I saw negative temperatures in Wichita Falls. Usually around this time I’m itching to be back home, but for once I’m happy to be in Austin. I hope you and your loved ones stay safe and warm this weekend.
May God bless you and your family,
James B. Frank
Committee Assignments, Emergency Items, and Mustangs on the Move!
From the newsletter dated February 5, 2021
From a personal perspective, the most important event of the week for me and most members was Speaker Phelan announcing committee assignments. I’m happy to report that I have been asked to serve as the Chairman of the Human Services Committee. For those who don’t know, the Human Services Committee considers and makes policies governing:
- Texas Medicaid System
- Nursing Homes & Long-Term Care Facilities
- State Hospitals
- State-Supported Living Centers
- Child Protective Services and Adult Protective Services
I’ve also been appointed to the Juvenile Justice and Family Issues Committee, which will be a new and exciting role for me and my team. You can find a more detailed explainer on these committee assignments below.
Committee work will begin shortly, as according to the Texas Constitution, “When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions…During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending…During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending.” That means that once we hit the 30-day mark, committees can begin to hold hearings and consider legislation. At 60 days, the House can finally vote on pending bills and resolutions.
While this mandated timeline can give the appearance that the first month of session is wasted time, it’s actually a useful window for the House to get organized, and for members to draft legislation and gain support for one’s priorities. Doing all of this work up front allows us to hit the ground running once we reach the 60-day mark.
The exception to this rule is the consideration of “emergency items.” Each session, the Governor has the opportunity to designate certain issues as emergency items, which allows the Legislature to consider bills related to those issues before the 60-day starting line. Per Governor Abbott’s recent State of the State address, this session’s emergency items are: broadband internet access, election integrity, the bail system, Covid-related liability protections, and police funding.
Finally, if you’re closely following the bill tracker each week, you’ll notice a new bill has appeared – HB 1522, which formalizes MSU Texas’s membership in the Texas Tech System. It is my sincere hope and belief that becoming part of the TTU System will help MSU Texas grow and provide more students with a great education in Wichita Falls. More details on the bill are below.
May God bless you and your family,
James B. Frank
New Session, New Speaker, New Rules
From the newsletter dated January 15, 2021
On Tuesday, January 12th, for the 87th time in the history of our great state, the Texas Legislature convened for its 140-day long, biennial legislative session. It is my honor to represent the amazing folks of Archer, Baylor, Clay, Foard, Knox, and Wichita Counties (aka House District 69) for the 5th time.
This session is shaping up to be unlike any session before due to the realities of working in the midst of Covid-19. There will be difficult choices to make as we grapple with the budgetary impact of the virus – and government response to it – on the economy (and therefore state revenues). We will also be dealing with the logistical issues that arise when we have the need to stay safe and provide transparency in a situation where members have vastly different views of the risks of Covid.
As always, the first day of session began in the House with the election of the Speaker of the House. Dade Phelan, my colleague from Beaumont, was overwhelmingly elected as the new Speaker. I know Dade to be a good, fair man who believes that conservative answers work best for the people of the state. Wednesday and Thursday were spent voting on the rules that will govern the Texas House during this session (as every session stands on its own).
The next two to three weeks will bring a lull to most members, as the Speaker is now tasked with the incredibly important job of quickly and intelligently organizing the House into committees that will hear and act on the bills that will define the session over the coming months.
My staff and I have been working during the interim on our legislative agenda and have already filed 5 bills that we hope to see passed in the coming session. Below, you will find a brief explainer for each of these bills. If you want to see more details of the bills, you can click on the link to read the text of the bill or you are welcome to reach out to my office with any questions you may have.
Next week, we will provide a preview of the issues that we believe will gain the most attention over the next 137 days (but who’s counting?).
On a personal note, session always provides special challenges for my family and for the other men and women that serve in the Legislature. I would sincerely appreciate prayers for elected officials, our families, and the deliberations and decisions that will be made over the coming months.
May God bless you and your family,
James B. Frank
Riots, the Mob, and “They” vs “We”
From January 8, 2021
I rarely comment on federal issues. This is an intentional choice by me to resist the temptation to weigh in on every drama, both real and perceived, that is taking place in DC and played out in the media. I do this because: 1) I can’t typically impact these decisions; 2) I often don’t have sufficient information to intelligently comment; and 3) there are countless other sources for constituents to find out about national issues (that is not the case with state issues).
However, the events in DC on Tuesday are so consequential that I feel I must weigh in (on the off chance that anyone is listening).
1) The mob that attacked the US Capitol on Tuesday should be prosecuted to the fullest extent of the law. Their actions were far from patriotic, were inexcusable and have no place in a civilized country. Those who participated in the violence must be dealt with severely.
2) Excuses – As with prior riots, I have become tired of the excuse-making by those who are in support of the rioters. Thinking your cause justifies violence is dangerous no matter what the cause. Full stop.
3) Blame – I am also disgusted by those who paint half of the country with a broad brush based on the actions of a few.
4) They – “They” has become the most dangerous word in politics. By using “they” we take the worst examples from any group and then assign their actions as being representative of the whole group. The violent actions of the rioters in DC were the actions of the rioters in DC. They are not representative of half the country. The violent actions last year by the rioters in Portland and other cities are the actions of the rioters in Portland and other cities. They are not representative of half the country.
5) We – We Americans have much more in common than we have differences. We live in one of the most culturally diverse and most wealthy countries in the world. We have freedoms that most people dream about and yet take them for granted. Never in the history of the world have a people had so much and thought they had so little.
6) Unfortunately, we live in a time where everyone can curate their news to tickle their ears and make sure they keep their cognitive biases happy and unchallenged. We feel contempt for others who don’t see the world the way we do, which makes us feel better about ourselves (though oddly makes us feel worse about the world).
2) Excuses – As with prior riots, I have become tired of the excuse-making by those who are in support of the rioters. Thinking your cause justifies violence is dangerous no matter what the cause. Full stop.
3) Blame – I am also disgusted by those who paint half of the country with a broad brush based on the actions of a few.
4) They – “They” has become the most dangerous word in politics. By using “they” we take the worst examples from any group and then assign their actions as being representative of the whole group. The violent actions of the rioters in DC were the actions of the rioters in DC. They are not representative of half the country. The violent actions last year by the rioters in Portland and other cities are the actions of the rioters in Portland and other cities. They are not representative of half the country.
5) We – We Americans have much more in common than we have differences. We live in one of the most culturally diverse and most wealthy countries in the world. We have freedoms that most people dream about and yet take them for granted. Never in the history of the world have a people had so much and thought they had so little.
6) Unfortunately, we live in a time where everyone can curate their news to tickle their ears and make sure they keep their cognitive biases happy and unchallenged. We feel contempt for others who don’t see the world the way we do, which makes us feel better about ourselves (though oddly makes us feel worse about the world).
We must do better if we want to live together in peace.
May God bless you and your family,
James B. Frank