Sine Die, A Busy Week, Memorial Day
From the newsletter sent May 31, 2021
Today is Sine Die, which marks the end of the 87th Legislative Session. While we have made real, important progress this session, it is definitely time to return home. I’m looking forward to spending time with family and friends and meeting with people across the district.
Backing up a bit, we passed some of the most consequential bills of session this past week (and failed to pass one really big one — more on that later). In particular, the House and Senate were able to come to an agreement and pass the budget. We provided a more in-depth overview in a previous newsletter, but some of the highlights of the budget include:
- Increasing public education funding to $46.5 billion for the biennium, including $664 million in programs targeted to overcoming pandemic-related learning loss
- Investing in the health of Texans by increasing funding for rural hospitals, women’s health programs, and disability services
- Significant investment in infrastructure, including new funds to repair highways and bridges and an increase in funding for the oversight of our electric grid
- Salary increases for law enforcement officers and additional funding to secure the border and combat human trafficking
Outside of the budget, several other meaningful bills were passed this week. SB 2 will increase oversight of ERCOT, ensuring that our grid operators are held to high standards. SB 3, designed to weatherize and strengthen the electric grid, is also headed to the Governor’s desk. Additionally, SB 25 and SJR 19 passed this week establishing the right of residents in long-term care facilities to designate an essential caregiver.
Sunday night on the House floor, I was disappointed that nearly all of the Democrats chose to abdicate a basic responsibility of being a member–show up to represent your district. By leaving the House floor and the Capitol itself, these members prevented the House from having a quorum (100 members present) which means that we cannot vote on legislation. We are supposed to be here for 140 days to get our biennial work done-whether we agree with policies or not. Fortunately, this is likely to have little or no long-term impact in the larger scheme as we will certainly take up the issue of election integrity in a special session later on this year. Ultimately, I expect that the Texas House will end up passing legislation in the next few months that is every bit as strong as SB 7.
While this will be our final weekly newsletter of session, we will be sending out a special end-of-session edition at some point in the next couple weeks. We’ll give a recap of passed legislation in major policy areas, our own legislation, and provide a look-ahead at the interim.
Finally, I hope each of you had a good Memorial Day weekend, surrounded by loved ones. I’m incredibly grateful for the courageous men and women who gave their lives for our freedom. May we never forget their valiant sacrifice.
May God bless you and your family,
James B. Frank
The Final Countdown, Protecting Kids, Almost Home
From the newsletter sent May 21, 2021
Last week we crossed the first major deadline of session as we voted the final House Bills out of the chamber, and now we are rapidly approaching the last day to vote out Senate Bills (this coming Tuesday). After that deadline has passed, we will spend most of our time voting out conference reports, which are the products of the negotiations that occur when the House and Senate vote out different versions of a bill.
The biggest outstanding item is the budget. If you’ll remember, the House passed our version of the budget back in April, and negotiations have been taking place between House and Senate appropriators ever since. All signs point to these talks being successful, so I’m optimistic that we will have a balanced, conservative budget headed to the Governor’s desk on time.
Outside of the budget, we are continuing to push legislation that improves child welfare outcomes across the state. We’ve made some great progress on this issue over the last few months, and I’m hopeful that we will get a couple more bills across the finish line. Those interested can find an overview of some of these reforms below.
While I have genuinely enjoyed this session and feel that we’ve accomplished some really good things, I am looking forward to being back in Wichita Falls. One of my favorite parts of returning home is meeting with various clubs, groups, and individuals to recap the last several months and get your feedback. Anyone interested in setting up a meeting can shoot an email to Jim Johnson, my Chief of Staff, at jim.johnson@house.texas.gov.
Finally, Alisha, my wife, is an amazing lady and partner in every part of my life. Yesterday, we celebrated our 32nd anniversary, though it once again took a bit of a backseat to the craziness of the final days of session. I hope to make it up to her soon as we prepare to return home.
May God bless you and your family,
James B. Frank
UIL for Homeschoolers, More Bills, A Big Little Announcement
From the newsletter sent May 14, 2021
This week felt a lot like cramming for finals in college due to the midnight on Thursday deadline for House Bills to be passed to the Senate (or be unceremoniously killed until the next legislative session). To help get as many HBs passed to the Senate as possible, we were on the floor until 1:30 a.m., 7:30 p.m., and 12:00 midnight this week. The bad news is that I could handle sleep deprivation much better in college than now.
Fortunately, we were able to get three more of our bills across the finish line just in the nick of time. First, it’s been a long time coming, but we finally passed HB 547 — our bill giving school districts the option to allow interested homeschooled students to participate in UIL activities. There’s been some spirited discussion around this bill, so we’ve provided a more in-depth explanation below, in the body of the newsletter. I really believe this bill will greatly benefit any school district that wants to impact more kids, and it will obviously tremendously help any homeschooler who chooses to participate in band, sports, or academic competition.
The House also approved two of our other bills, HB 3720 and HB 3691. We’ve talked about each of these bills before, but as a reminder:
- HB 3720 seeks to improve the interest list process for Medicaid waiver programs. These waivers allow the state to use Medicaid funds for services like long-term care outside of an institution setting. Unfortunately, there’s a long wait list to receive these services. This bill would require HHSC to collect additional information from applicants in order to increase efficiency in the waitlist process, with the goal of taking another important step towards eliminating the wait lists altogether.
- HB 3691 makes several changes recommended by a Texas Tech study to improve implementation of the community-based foster care model that the legislature created in 2017. In particular, this bill makes it clear that the goal of community-based care is to strengthen and preserve families, thus preventing children from being unnecessarily placed into foster care. HB 3691 also calls for a clear focus on child welfare outcomes when evaluating how our community-based care providers are doing, rather than measuring inputs to the system.
This week also saw passage of a few high profile bills that we wanted to make you aware of.
- HB 3 is the omnibus pandemic response bill, which focuses on clarifying which powers are afforded to the state in the event of a pandemic. This bill creates a unified, cohesive response system to pandemics, while also ensuring that the rights and liberties of individuals are not taken away.
- SJR 27 is an amendment to the Texas Constitution prohibiting the state from placing restrictions or limitations on religious services. The Legislature wanted to ensure that the fundamental right to worship is protected from government overreach in the future.
Finally, I am overjoyed to announce that Alisha and I are now grandparents. Jerod and Kiersten had their first daughter, Sienna Catherine Frank, on Thursday, and we could not be more excited. In the midst of this busy and, at times, overwhelming legislative session, this is the perfect reminder that what is happening outside the Capitol walls is often far more important than any bill or hearing could ever be. While I’m grateful for the chance to be your Representative, I’m even more grateful to be a husband, father, and now grandfather (aka Pops).
May God bless you and your family,
James B. Frank
Heartbeat Bill, The End (For Bills), Mother’s Day
From the newsletter sent May 7, 2021
As some of you probably know, the pace of the legislative session ebbs and flows. We have reached the point of session where House members are on the floor for 12-16 hours a day. In fact, as part of a lengthy floor day on Thursday/Friday morning, Rep. Frank did not leave the Capitol until nearly 3:30am. Yes, you read that right, 3:30am. As a result, the amount of time he had this week to work on the newsletter was severely limited, so he asked me–Jim Johnson, his Chief of Staff–to take the keys and handle writing the opener. If you enjoy it, credit it to the great hiring wisdom of James; if you don’t care for it, blame the staff, and look forward to next week’s regularly scheduled programming.
With less than a month remaining until the end of session, the House schedule is intense. The deadlines that are approaching can be confusing and hard to keep track of. Travis Stedje, our Legislative Aide who also helps make this newsletter every week, made a graphic that helps explain everything coming up. You can find that below.
While most of the big, priority legislation remains on track, we saw several bills meet an early death this week for a variety of reasons. While it is sometimes the case that a bill dies on the House floor simply due to a lack of votes, it’s more common for bills to be killed by a Point of Order — lovingly referred to as a POO. Points of Order are usually the result of a technical or clerical error. Members with an axe to grind against a particular bill can scour all the relevant documents and, if a procedural or technical mistake is found, call a Point of Order, bouncing the bill off of the day’s calendar and potentially ending its chances for passage. It’s incredibly frustrating to work for months on a bill and see it lost due to a technical miscue, often completely unrelated to the content of the bill itself. It’s further proof that this is a process designed to make it hard to pass bills.
Perhaps the biggest news of the week is the passage of SB 8, commonly referred to as the Heartbeat Bill. SB 8 requires physicians to check for a heartbeat prior to providing an abortion and prohibits an abortion if a fetal heartbeat is detected. In many cases, a heartbeat is recognizable as early as six weeks. This is a huge victory for life, and Representative Frank was proud to have supported it.
This week also saw passage of SB 7, the omnibus election integrity bill. As a reminder, the goal of this bill is to protect the integrity of every Texan’s vote by making it easy to vote and hard to cheat. Of course, not everyone sees it this way, so there was plenty of emotionally-charged debate late into the evening. Ultimately, the House passed a heavily amended version of the bill at around 3:00 a.m. this morning (Friday). It is hoped that this bill will provide for more secure and consistent elections, while ensuring that all eligible voters are able to vote without obstruction.
Additionally, the House took an important step to push back against the defund the police movement. HB 1900 places certain revenue-related restrictions on major cities that attempt to reduce their policing budget by a greater amount than the rest of their budget. This bill will encourage cities to fully fund police departments and fulfill their most important duty — providing for public safety.
Finally, I would like to take this opportunity to celebrate, praise, and thank the moms on this Mother’s Day weekend. I’d like to wish my own mom, Sherrie, a happy Mother’s Day. I wouldn’t be the man I am today without the job she did and I celebrate her. I’d also like to wish my own wife, Sarah, a happy mother’s day and thank her for the sacrifices she makes in keeping our family going, and teaching and raising our son during these long and difficult days of session.
(Proverbs 31: 25-31)
Strength and honor are her clothing;
She shall rejoice in time to come.
She shall rejoice in time to come.
She opens her mouth with wisdom,
And on her tongue is the law of kindness.
And on her tongue is the law of kindness.
She watches over the ways of her household,
And does not eat the bread of idleness.
Her children rise up and call her blessed;
Her husband also, and he praises her:
“Many daughters have done well,
But you excel them all.”
Charm is deceitful and beauty is passing,
But a woman who fears the Lord, she shall be praised.
And does not eat the bread of idleness.
Her children rise up and call her blessed;
Her husband also, and he praises her:
“Many daughters have done well,
But you excel them all.”
Charm is deceitful and beauty is passing,
But a woman who fears the Lord, she shall be praised.
Give her of the fruit of her hands,
And let her own works praise her in the gates.
And let her own works praise her in the gates.
May God bless you and your family,
James B. Frank
The Final Month, Important Bills, $11.2 Billion for Education
From the newsletter sent April 30, 2021
109 days down, with only 31 days to go before the end of the legislative session. As I’ve mentioned before, the Texas Constitution contains strict language detailing when session begins and ends, with May 31st being the constitutionally required final day of this session. This means that if a bill has not passed both chambers before the 31st, it is dead for at least two years. As one might imagine, this deadline results in a frenetic final few weeks.
We have been extremely fortunate this session in that our high-priority bills continue to make steady progress. In fact, I’m pleased to report that we had our first bill passed out of both chambers and sent to the Governor’s desk this week. I won’t get into the details again, but HB 567, The Childhood Trauma Reduction Act, was our bill to protect children from being unnecessarily taken from their families. I sincerely believe that the changes made in this bill will improve our CPS system and lead to better outcomes for children and families.
Several other high-profile bills were voted out of the House this week, and I wanted to highlight a few of particular importance:
- HB 2622 is better known as the Second Amendment Sanctuary bill. In effect, it prevents state agencies and local governments from enforcing any new federal gun laws or restrictions.
- HB 19 seeks to protect commercial vehicle operators from inordinate, unfair lawsuits that often jeopardize small businesses and the transportation services Texans depend on.
- HB 2283 prohibits election administrators from accepting large donations from individuals and organizations for the purposes of administering elections.
Finally, there have been concerns surrounding the status of federal dollars sent to the state for schools. While it’s true that the money was not immediately disbursed to districts, this delay was due to outstanding questions regarding the guidelines and stipulations attached to the funds. There was understandable consternation from many school districts worried about receipt of these dollars, but now that those questions have been answered, the state was able to release the funding as intended. More on this below.
May God bless you and your family,
James B. Frank
Budget Passed, School Bond Vote, Bills, Bills, Everywhere
From the newsletter sent April 23, 2021
This week’s newsletter is brought to you by multiple cups of coffee (Coke Zero in my case) — last night was our biennial “budget night,” where members stay on the Floor late into the evening to debate, amend, and ultimately pass the appropriations bill that funds our state government for the next two years. While it’s a lengthy process, it’s also a reflection of the Legislature’s tradition of allowing each member to have their say and fight for the priorities that matter to their constituents. It was a long night (though 10:30 is actually the earliest we have finished in my 5 terms), but I’m satisfied that we ended up with a fiscally responsible budget that will serve our state well for the next two years. I’ve included some of the bill’s highlights below.
As most of you know, one of our big priorities this session is ensuring that residents in nursing homes and assisted living facilities have the right to see their loved ones face-to-face, even in a pandemic. Our bill and constitutional amendment enshrining this right were previously heard in committee, and now the Senate companions have made their way through the House Human Services Committee as well. This brings us one step closer to the finish line, and I’m confident that we will get this important bill into law before the session is over.
If you’re wondering why last year’s WFISD bond proposal was split into two–you aren’t alone. My office has received a number of inquiries about this, so I wanted to explain the issue. As part of ballot transparency measures passed into law last session, school bond proposals which deal with athletics, recreational, or performing arts facilities (among others) must be on a separate ballot. Prior to the changes in 2019, all school bond items could be presented in one proposal. Though voters narrowly approved the bond for new school construction last year, the separate bond for extracurricular facilities failed. The school board has decided to bring it to voters again on the current ballot. More on this below.
Looking ahead, we are quickly approaching the point in session where bills need to be heard and passed out of committee in order to have a decent chance at becoming law. We have been really fortunate so far in that most of our priority legislation is still on track and moving at a steady pace. In fact, we had two more bills reported favorably out of committee this week, and our Medicaid improvement bill unanimously passed the House. We’ve included the details below.
May God bless you and your family,
James B. Frank
Constitutional Carry, Property Tax Clarity, Bills Moving
From the newsletter sent April 16, 2021
We have officially entered the busiest part of session where we spend the majority of the day on the House Floor to debate, amend, and pass legislation, while still attending committee hearings for the next several weeks. These long days get even longer when controversial bills are introduced. As one might imagine, this week’s gun-related bills were the most contentious items up for discussion.
The Texas House passed “constitutional carry” or “permitless carry” earlier today in a bipartisan 87-58 vote. HB 1927 will ensure that Texans who are lawfully able to carry a handgun are able to do so for personal protection and for the protection of their family. There has been quite a bit of misinformation surrounding this piece of legislation, so I want to make sure that a few things are clear:
- It asserts the right of all law-abiding citizens age 21-and-older to carry a handgun in a holster in public places where it is not otherwise prohibited;
- It maintains background checks that are required when you purchase a gun at a retail store;
- It does nothing to affect laws related to the misuse of any firearm;
- It does not affect the right of business owners and private property owners to exclude handguns on their property in the same manner they do today;
I was proud to vote for this bill that allows law-abiding adults the freedom to better protect themselves and their families and hope the Senate passes it so that it can become law.
Changing gears, many people have been reaching out to our office over the past week rightfully concerned that the sudden value increase in their homes will mean a nasty surprise come tax time. While there is no guarantee this won’t happen, I would like to reintroduce you to a bill that became law last session that may very well keep many of you from having the kind of property tax increase you are fearing.
SB 2 from last session limits actual city and county property tax revenue growth to 3.5% UNLESS a higher amount is approved by voters (school district growth is limited to 2.5%). For example, if the overall property value increases by 8.5%, then the tax rate will automatically drop by at least 5% (to net a 3.5% increase). It’s important to note that this controls the TOTAL increase, not an increase of each single property. I’ve included more information below.
Finally, we’ve had plenty of movement on our bills this week, and I’ve included a brief update on the bills we advanced out of committee. I’m also excited to report that our bill finalizing the agreement between Midwestern State University and the Texas Tech System overwhelmingly passed the House. From here, Senator Springer will pick up the bill in the Senate and will no doubt carry it across the goal line.
May God bless you and your family,
James B. Frank
Improving Healthcare, Moving Forward, Scoring Touchdowns
From the newsletter sent April 9, 2021
It seems like things are running more smoothly so far this session, but I don’t know if that’s actually true or if being my fifth time around, I’m just not sweating some of the inevitable frustrations that come with the 140-day sprint. The floor calendars are starting to get much longer and committees still have a few more weeks to hear House bills, so this is truly the busiest part of the session. We did take time for a bit of fun on Wednesday as the member vs. member flag football game took place. Other than sore muscles, pulled muscles, and hurt pride, everyone escaped unscathed. Thankfully, the older members beat the first and second term team (and I was able to haul in a TD on Darrell K. Royal Field at UT).
As I’ve mentioned before, improving healthcare and driving down costs is a major priority this legislative session. To that end, a bipartisan group of lawmakers, led by Speaker Phelan, introduced the Healthy Families, Healthy Texas (HFHT) plan. This package of bills will ensure that healthcare in Texas is more accessible and affordable for all 29 million Texans.
Included in the HFHT plan is my bill (HB 3752) to allow the Texas Mutual Insurance Company to offer health insurance products to Texas residents and small businesses. For those unfamiliar, Texas Mutual was originally created by the state legislature to act as a source of affordable workers’ compensation insurance, thus providing consumers with more options and leading to more competitive pricing. Texas Mutual has been successful in accomplishing its original mission, and it is my hope that it can have the same disruptive affect on a health insurance marketplace that currently suffers from a lack of competition in many parts of the state.
Also included in the HFHT plan are bills to protect consumers from surprise medical billing. Of note, HB 2487 by Rep. Tom Oliverson would require hospitals to disclose prices for medical services in advance of delivery. HB 4115, also by Rep. Oliverson, would provide similar protections to prevent against surprise billing by ambulance service providers.
In total, there are 12 bills included in the package, and those interested can find the full list here. I’m proud of the work we’re doing on this important subject, and I look forward to getting these bills passed in the coming weeks.
Outside of healthcare-related bills, there’s plenty of other important legislation working its way through the House. One I’ll mention is HB 1239 by Representative Sanford, which would prohibit the state from forcing places of worship to close their doors in future declared emergencies. Like many, I feel that the state overstepped its authority by shuttering churches in response to the COVID pandemic. This bill will hopefully ensure that this type of government overreach never happens again. Just so you know, I firmly believe that there may be time in the future where people should not gather for worship at churches, mosques or temples, but that should always be the decision of the religious organization and the individual, not the government. I find it quite ironic that many of the people who insist on the freedom of the press to travel and report without government interference, seem to have such difficulty understanding other people’s very strong feelings about the freedom to worship.
Additionally, many people have reached out to our office about HB 6, which deals with election integrity. I know that this is a highly charged partisan issue, and I’ve seen a lot of incorrect information floating around. We wanted to provide a brief explanation of what the bill does and give you the opportunity to read it for yourself.
In brief, HB 6 contains several provisions to help ensure that our elections are fair and secure. First, the bill safeguards the rights of poll watchers to observe elections and report any irregularities. It also includes measures to expedite consideration of election-related suits in court. There are provisions to ensure the names of the deceased are swiftly removed from the rolls, to prohibit the distribution of mail-in ballots to those who have not requested one, and to create a criminal penalty for those who vote in multiple states on the same day. I believe that each of these steps will strengthen election security and boost public confidence in the validity of election results. At the end of the day, it should be EASY TO VOTE AND HARD TO CHEAT.
Finally, a few of our bills were heard and passed out of their respective committees this week, and I’ve included descriptions below. I’ve also included some resources for those interested in staying more plugged-in to what’s happening at your Texas Capitol.
May God bless you and your family,
James B. Frank
Preserving Families, Passing Bills, Celebrating Easter
From the newsletter sent April 2, 2021.
I hope this letter finds each of you well and surrounded by loved ones on this Good Friday. I’m looking forward to spending time with my family this Easter holiday after a busy week at the Texas Capitol.
As we progress further into session, we will begin spending more time on the House floor to debate, amend, and vote on bills that have been voted out of their respective committees. This week we considered and passed a number of bills, including several related to the recent power outages. Of note, HB 10 would require all ERCOT board members to reside in Texas and would create an additional board position to represent consumer interests. HB 11 requires electric transmission and generation facilities to weatherize in order to continue operations in extreme weather. HB 16 bans the type of variable rate plans that led to huge bills for some customers. While passage of these bills is a positive first step, there’s still plenty of work to be done to ensure that the power outages that occurred earlier this year never happen again.
I’m also pleased to report that one of our bills, HB 567 – the Child Trauma Reduction Act, overwhelmingly passed the House on Thursday. I’ve included a brief overview below for those interested.
We also had movement on three other bills, each of which received a hearing in its respective committee. We heard testimony on two of our bills in the Human Services Committee on Tuesday — HB 2658 and HB 3041. I’ve mentioned both of these bills before, but as a reminder HB 2658 makes several changes to improved Medicaid efficiency, while HB 3041 creates the Family Preservation Services pilot program. Meanwhile in the Public Health Committee, we had the opportunity to introduce HB 548, the Veteran Medical Licensing Act, which you can read more about below.
Hopefully, you will enjoy the extra reading material and video in this newsletter as well during this holiday weekend.
May God bless you and your family,
James B. Frank
In the News, Out of Committee, Under the Radar
From the newsletter sent March 26, 2021.
It’s been a whirlwind of a week here in Austin — many of you may have seen news articles highlighting some of the high profile (and often contentious) bills currently working their way through the Texas Legislature. Because of the intense rhetoric surrounding these issues, it can often be hard to find accurate information. The issues with the most headline ink also often drown out the very important, but less contentious legislation going through the process. So, I wanted to provide some clarity on where each of these bills stands.
The Elections Committee hearing on Thursday was the hottest ticket in town, as the committee was scheduled to hear testimony on HB 6, which is Chairman Cain’s election integrity bill. As one might imagine, interested parties from all sides of the issue flocked to the Capitol to make their voices heard. The hearing abruptly came to an end when the Chair and Vice-Chair of the committee were unable to work out some differences in a timely manner. Despite the Chairman’s clearly stated policy on only allowing committee members to ask questions, the Vice-Chair attempted to circumvent the rule while the Chairman was laying out his bill. This ultimately resulted in the Elections Committee adjourning for the day, and they will start the whole process over again next week.
On the same day, the State Affairs Committee was considering another high-profile bill down the hall — HB 749 by Rep. Middleton, which would ban the use of public funds for lobbying. Essentially, this bill would bar state and local government entities from using taxpayer dollars to hire lobbyists (though it would allow counties and cities to have associations and would allow elected officials to travel to Austin to lobby on behalf of their entities). It was more than ironic that many of those who testified against the bill were lobbyists hired using taxpayer funds.
Also on Thursday and continuing into the early hours of Friday morning, the Homeland Security and Public Safety Committee held a marathon hearing on a series of gun-related legislation. Of particular note, the committee heard testimony on three bills (HB 1911, HB 1238, and HB 2900) which would each allow individuals to carry a firearm without a permit — often referred to as constitutional carry.
While most of the attention has been focused on the bills I’ve just mentioned, there’s plenty of work happening outside of the spotlight. The first bills were voted out of the House, committees are in their fourth week of hearings, and I’m working with a number of other chairmen and members on a healthcare cost improvement plan that we feel will bring down the incredibly high price of both health insurance and overall healthcare costs in our great state. We will be discussing these plans in detail over the coming weeks as the various bills move through the committee process.
Finally, I’ve included some information below on vaccine distribution along with new and relaxed nursing home visitation rules that have just been released. There’s also a brief update on our MSU bill.
As always, thank you so much for allowing me to represent HD69 in the Texas Legislature.
May God bless you and your family,
James B. Frank