MRT: STAAR Test Returns; Abbott Clears Hospital Space in S. TX; Harris County: Mask Order Through Aug.; RPT Has Virtual Convention Contingency Plan
Here's What You Need to Know in Texas Today.
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BY: @MattMackowiak
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TOP NEWS
"Texas to resume high-stakes standardized testing,"AP's Jim Vertuno -- "Texas public school districts haven’t finalized their plans for a return to the classroom, but they know the state will resume its high-stakes standardized testing for millions of students.
Texas Education Commissioner Mike Morath told the state Board of Education on Tuesday that the annual State of Texas Assessments of Academic Readiness, also known as STAAR, will return in the 2020-2021 school year.
Republican Gov. Greg Abbott suspended STAAR tests in March even before schools were ordered closed for the rest of the academic year because of the coronavirus pandemic. Days later, the federal government waived its standardized testing requirements.
Morath and state leaders have deemed it safe to reopen schools in August even though Texas has had a resurgence of the coronavirus, with a spike in newly-confirmed cases and record numbers of patients being hospitalized.
Faced with these challenges, schools are considering a wide array of options for the upcoming school year, including smaller class sizes, campus mask policies and the expectation that a typical week might include some remote learning.
The STAAR test begins in third grade and can stop poor-performing students from advancing to the next grade or graduating high school. Test scores are also used to evaluate teachers and are part of the state’s A-F grading system for schools.
Morath said some changes will be made, including an expanded testing window in the spring and adjustments to how the A-F grading system works. Details were not immediately released and it was unclear whether changes would affect grade-promotion rules for students.
The Texas State Teachers Association urged the state to not reinstate STAAR because families don’t know how often their children will be in class and what distance learning will look like. State education leaders haven’t released safety guidelines for schools to follow in the fall.
“We are in the middle of a health emergency. We don’t even know for sure what form education is going to take this fall,” said Noel Candelaria, president of the TSTA. “Standardized testing should be the last priority for students, educators and policy makers. There are other, much more crucial priorities, beginning with a safe plan for schools.”" AP
"Workers are getting laid off for a second time, as the virus’s surge puts reopenings on hold," The Washington Post's Eli Rosenberg and Abha Bhattarai -- "When she was first furloughed in March, Randee Heitzmann knew how to make ends meet.
She deferred payments on her new Honda Civic, spent $3,000 in stimulus money and tax refunds on other payments, and drained her savings.
Then she was called back to her job as a bartender at a cigar bar near Dallas for five weeks, taking home about $100 per shift, just 20 percent of what she was used to.
But on Friday, Heitzmann was cut loose again, hours before her shift was to begin. “I don’t have any savings left,” the 28-year-old said. “I don’t know how long it’s going to be before I get a paycheck again."
Millions of American workers are suffering from economic whiplash, thinking they were finally returning to work only to be sent home again because of the coronavirus’s latest surge. Stores, restaurants, gyms and other businesses that reopened weeks ago are shuttering once more, and this time Congress appears less inclined to provide additional aid. Other companies that had banked on customers returning and restrictions lifting — such as hotel chains, construction firms and movie theaters — are seeing hours cut and reopening dates pushed back indefinitely as consumer demand stalls.
And many governors, including some who had drawn scrutiny for initially playing down the virus’s risks, are issuing new safety restrictions, in some cases just weeks after the first round of guidelines had begun to lift. In recent weeks, three states — California, Florida and Texas — have implemented new policies that partly restrict restaurant or bar service. Nine others — Arkansas, Delaware, Idaho, Louisiana, Michigan, Nevada, New Jersey, New Mexico and North Carolina — have postponed or slowed reopening plans." Washington Post
"Texas bar owners file $10 million federal lawsuit against Gov. Greg Abbott, the second suit over the shutdown in two days,"The Texas Tribune's Reese Oxner -- "Several Texas bar owners filed a $10 million federal lawsuit Tuesday afternoon against Gov. Greg Abbott, in an attempt to void his executive order shutting down bars for a second time since the beginning of the coronavirus pandemic.
All of the plaintiffs are members of the Texas Bar and Nightclub Alliance. This is the second lawsuit filed against Abbott this week after more than 30 Texas bars filed a lawsuit in Travis County over his recent shutdown order on Monday.
In addition to the damages, the lawsuit asks the court to stop Abbott from enforcing his executive order which closes bars and to prevent him from issuing similar orders in the future without proper notice. The suit said Abbott should give businesses more than 24 hours notice before shutting them down, "unless in the case of imminent threat of harm." The lawsuit also asks that future shutdown orders have a clear end date and lay out conditions that would have to be met for the order be extended.
On Friday morning, Abbott ordered bars to close by noon and reduced restaurant capacity back down to 50% from 75% to combat the spread of COVID-19.
The lawsuit noted that the Texas Alcoholic Beverage Commission recently posted a notice on its website saying it observed a “high level of compliance” by permit holders. The lawsuit claims that Abbott is abusing his emergency powers “without proper legal notice."" Texas Tribune
"A Texas-based oil and gas company files for bankruptcy," viaAP-- "Texas oil and gas company Sable Permian Resources has recently filed for bankruptcy.
Sable Permian Resources filed for Chapter 11 bankruptcy protection last week in federal bankruptcy court in Houston, according to a news release.
Sable Permian Resources was once part of American Energy Partners, a company founded by Aubrey McClendon in 2013, The Oklahoman reported Tuesday. American Energy announced it would close in 2016, splitting up operations into separate companies, including Permian Resources. In 2017, it became Sable after the company reached a $1 billion deal with creditors to continue operating.
The company and its affiliates said the bankruptcy filing will allow them to position the companies for long-term success.
If first day motions are approved, the companies would be able to to continue operations. They arranged $150 million for that.
Chesapeake Energy, which McClendon also founded, filed for bankruptcy this week." AP
STATE AND LOCAL GOVERNMENT
"New COVID infections hit record as Abbott acts to clear hospital space in South Texas,"The Houston Chronicle's Jeremy Blackman -- "Gov. Greg Abbott on Tuesday delayed non-essential surgeries in four more counties as hospitals across the state struggle to keep up with surging COVID-19 cases.
The declaration includes Nueces County, a popular beach destination, and the three biggest counties along the U.S.-Mexico border: Cameron, Hidalgo and Webb. Last week, Abbot postponed surgeries in counties with four of the state’s major cities, Houston, Austin, San Antonio and Dallas.
Cases of COVID-19 have tripled in the past eight days in Corpus Christi, the county seat of Nueces County, and the surrounding region. As of Monday the state reported just nine intensive care unit beds still available in the region including Nueces and 11 other counties.
In the Rio Grande Valley, hospitals have been quickly filling. Elected officials notified Abbott on Monday that intensive care units have surpassed capacity and emergency rooms are running out of space to handle the excess of COVID-19 patients.
“In South Texas, we are rapidly reaching the point at which local resources will no longer be enough to provide hospital care for the growing COVID-19 caseload,” U.S. Reps. Filemon Vela, D-Brownsville, and Vicente Gonzalez, D-McAllen, wrote, asking for medical and military assistance to “prevent a humanitarian crisis in communities on the U.S.-Mexico border.”
On Tuesday, the state reported nearly 7,726 new daily cases, a record high, according to a data analysis and reporting by Hearst Newspapers. The number of coronavirus patients hospitalized surged by some 600, to 6,533. That is more than double the number of hospitalizations on June 18.
“We all need to grapple with the new reality,” Abbott said in an interview with KXAS-TV in Dallas. “We’re not dealing with pockets of growth of COVID. Instead, we’re dealing with community spread.”
He encouraged Texans to stay safe over the 4th of July weekend and to wear masks, which he said are already required in two-thirds of the state. The governor has declined requests from local officials to mandate face coverings in public statewide.
Abbott’s order on non-essential surgeries Tuesday applies to procedures that are not immediately necessary to “correct a serious medical condition or to preserve the life of a patient.”
"As these counties experience a surge in COVID-19 cases and hospitalizations, we are committed to working alongside hospitals to help ensure that every COVID-19 patient who needs a bed will have access to one," Abbott said in statement." Houston Chronicle
"Harris County extends mandatory mask order through end of August,"The Houston Chronicle's Zach Despart -- "Harris County’s mandatory mask order will remain in effect at least until late August, Commissioners Court decided Tuesday.
The court extended until Aug. 26 the county’s disaster declaration in response to the COVID-19 pandemic, allowing County Judge Lina Hidalgo to extend the mask rules until that date as well. The mask order, which Hidalgo issued June 19, mandates that businesses require patrons to cover their faces.
The item, which has been extended for weeks at a time since Hidalgo first issued it in March, was set to be lengthened until July 15. Commissioner Adrian Garcia proposed extending the declaration and mask rules through the rest of the summer, citing the severity of the pandemic. His Democratic colleagues, Hidalgo and Commissioner Rodney Ellis, agreed.
“We don’t know the full nature and impact of the virus, and we’re dealing with a medical emergency that has a lot of aspects to it,” Garcia said to Hidalgo. “I would rather give you the runway and capacity to navigate this pandemic rather than thinking in the back of your head, ‘oh, I’ve got to put an extension on the agenda.’”
The vote to the extend the declaration was 3-2, with the two Republican commissioners, Steve Radack and Jack Cagle, voting no. Cagle did not speak out against masks, however, he expressed concerned Hidalgo ordered the mask rules and approved some pandemic-related expenses unilaterally, instead of consulting with Commissioners Court.
“In 72 hours, we can get together,” Cagle said. “These are decisions that we as members of Commissioners Court should be participating in, and the public should be able to participate in.”
Radack echoed Cagle’s concerns.
Wearing masks and practicing social distancing are key to slowing the virus’ spread, health experts say.
The rules apply to customers ages 10 and over. Businesses that do not comply can be punished by a $1,000 fine, though Hidalgo directed law enforcement to focus on education rather than citations.
The county remains at its highest threat level, ordered by Hidalgo on Friday in response to a surge in cases and hospitalizations since Memorial Day. The county health department is urging residents to voluntarily stay at home except for essential errands, similar to the stay-at-home period of March and April." Houston Chronicle
"5 officers investigated over use of force at Austin protests,"AP's Acacia Coronado -- "Five Austin police officers are on paid administrative duty amid an investigation into the use of what authorities call “less lethal” force during May protests against police brutality and racial injustice, according to the police department.
The investigation follows public outcry after two people participating in protests in Austin sparked by the death of George Floyd were seriously injured by officers’ bean bag rounds — ammunition that law enforcement deems “less lethal” than bullets.
Officers Nicholas Gebhart, Kyu An, John Siegel, Derrick Lehman and Kyle Felton were placed under investigation as of Friday, and their duties have been limited.
A spokeswoman for Austin police said in an email Tuesday that the department could not confirm whether the officers were involved in the cases of 20-year-old Justin Howell or 16-year-old Brad Levi Ayala, who were both hospitalized after being unintentionally shot in the head with bean bag rounds during protests the last weekend of May.
The statement cited ongoing investigations in its reasoning for limiting the release of information.
The Austin Police Association did not immediately respond to The Associated Press for comment Tuesday.
Paid administrative duty limits the type of work officers can do while they are under investigation. Austin police policy says officers can be placed on paid administrative duty pending investigations into any force that resulted in serious bodily injury requiring hospitalization and the use of impact weapons.
The Austin Police Special Investigations Unit and the Internal Affairs Division are working to identify other officers involved in protest-related incidents, according to the statement." AP
"Dallas women sue city, county over Texas' anti-rioting law," via AP-- "Three women arrested amid protests against racism and police violence sued the city of Dallas and Dallas County on Tuesday in a challenge to the Texas anti-rioting law.
Yolanda Dobbins, 55, Lily Godinez, 20, and Megan Nordyke, 35, filed suit in federal court, contending their constitutional rights were violated when they were arrested during protests over the police killing of George Floyd. He died after a Minneapolis police officer pressed his knee into Floyd’s neck even after he said he couldn’t breathe and stopped moving. His death sparked global demonstrations.
The women were highlighted in a Dallas Morning News story among hundreds of people who police arrested during protests last month but later declined to charge.
Their class action suit claims police selectively enforced Texas’ anti-rioting law in a way that targeted activities protected by the First Amendment. It seeks to have the law ruled unconstitutional, as well as discipline for some officers and further training on the use of force and de-escalation for the whole department. The women also request unspecified other “relief.”
The Dallas city attorney and the Dallas County judge’s offices did not immediately respond to requests for comment Tuesday." AP
Ken Paxton guest column: "Declare Obamacare unlawful in its entirety," via USA Today -- "The COVID-19 pandemic is one of the most devastating public health emergencies this country has witnessed during the past 100 years. States across our great country are taking different approaches to combat the spread of the virus, learning from one another’s experience to find the best path forward.
That’s the genius of our Constitution: It enshrines federalism and allows states to solve problems in ways that work best for them. And that tells us how health care should be regulated — not top down, by bureaucrats in Washington, D.C., but at the state level where citizens’ voices can best be heard.
In my ongoing fight against the Affordable Care Act, I have asked the U.S. Supreme Court to declare Obamacare unlawful in its entirety. At the heart of Obamacare is an individual mandate commanding Americans to purchase health insurance that Washington bureaucrats deem suitable.
The Supreme Court upheld that mandate in 2012 because it included a tax penalty for noncompliance, and Congress has the power to tax. In 2017, however, Congress eliminated that tax penalty — meaning the individual mandate at the center of Obamacare is unconstitutional." USA Today
2020
"Texas Republican Party has contingency plan to move convention online if necessary, GOP chairman says,"The Texas Tribune's Cassandra Pollock -- "The Texas GOP’s plan for an in-person convention next month in Houston is looking increasingly uncertain as criticism mounts over plans to host thousands of people indoors as the new coronavirus surges across the state.
Party Chair James Dickey said Tuesday that the State Republican Executive Committee will meet Thursday to consider options for the future of the event, which he assured includes an “ultimate contingency plan” to move the event online.
"We have prepared for an online convention as the ultimate contingency plan if we are forced by a government order at any level and not able to hold our convention in person,” Dickey said during a livestreamed announcement Tuesday evening. “We’ve had that plan in place since the beginning of the pandemic so that we can be fully prepared for any turn of events.”
The State Republican Executive Committee, a 64-member body including Dickey and Vice Chair Alma Jackson, could take action ranging from mandating masks at what is expected to be a roughly 6,000-person event to relocating it to another city or moving the convention online." Texas Tribune
TEXANS IN DC
John Cornyn guest column: "How we can police our communities better," via The Dallas Morning News -- "The killing of George Floyd by police in Minneapolis was a brutal, senseless and avoidable tragedy, and one our country has witnessed countless times before. In many ways, his death was the match that ignited nationwide conversations about the racial injustices that have existed in our country for generations. These systemic problems have led to inequalities in everything from education, to health care, to housing, and while each of these must be addressed, the most important place to start is with police reforms.
In a recent poll conducted by The Washington Post and George Mason University, nearly 70% of Americans agreed that Floyd’s death was a sign of broader problems in the treatment of Black Americans by police. While there’s widespread agreement that change is needed, there’s no consensus on what that change should look like. In order to get there, it’s important to listen and learn from a variety of voices.
Over the past few weeks, I’ve teamed up with the mayors of both Dallas and Houston to host roundtable discussions with law enforcement, faith and community leaders. During our conversation in Dallas, Sheriff Marian Brown said, “We have to reach a point where we are comfortable having uncomfortable conversations.” Whether in Congress, workplaces or homes, these discussions aren’t easy, and for too long the topic has been avoided altogether. But progress can only happen if we’re having these important conversations and following up with action.
Reforms at the state and local levels will be the biggest drivers of change. This is where decisions are made about hiring, data sharing and day-to-day police activities. By and large, that’s a good thing — a one-size-fits-all rulebook would create more problems than solutions. But there are basic practices that should be standard across the board, and Congress has a responsibility to ensure all police departments are transparent, accountable and well-trained." Dallas Morning News
TRUMP ADMINISTRATION
"Coronavirus case in refugee camp at US border raises alarm," viaAP-- "A person has tested positive for the COVID-19 virus in a sprawling refugee camp on the U.S.-Mexico border where an estimated 2,000 people await their immigration court dates, according to a nonprofit group providing medical care at the camp.
Global Response Management said in a statement Tuesday that the positive test came back Monday for one person and negative for three family members. Tests are pending for two other people.
Residents in the camp in Matamoros, Mexico, live in squalid conditions: Most sleep in tents or underneath tarps, and there’s little access to running water. The nonprofit group has long warned that a single case of the coronavirus could spread quickly.
“The presence of COVID-19 in an already vulnerable population exposed to the elements could potentially be catastrophic,” the group said in a statement.
The people living in the camp are mostly awaiting court dates just across the border in Brownsville, Texas, under a Trump administration program known as “Remain in Mexico.” Instituted last year along the border, the “Remain” program has sent tens of thousands of people seeking asylum back to Mexico instead of allowing them to await their court dates in the U.S.
There have been numerous reports of migrants being kidnapped, attacked, or extorted while waiting their court dates." AP
'MACK ON POLITICS' PODCAST
LATEST "MACK ON POLITICS" PODCAST: Congressman Jim Jordan (R-OH) is our guest for the 193rd episode, and he joins us from Tulsa, OK, the scene of the Trump re-election campaign’s first rally in several months.
In this conversation we discuss the protests, the current moment in our country, how rural America is surviving, what he expects from Congress for the rest of the year, what he hopes to see from the forthcoming Durham report on FISA abuse, how he sizes up Trump vs. Biden and what he sees as the stakes for the 2020 election.
Available on iTunes, Google Play, Spotify, Stitcher and on the web at http://www.MackOnPoliticsPodcast.com.
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June 10 - Boys State (Austin, TX)
Jan. 13 - Lago Vista GOP club (Lago Vista, TX)
Dec. 16 - Monthly Conservative Luncheon (Dallas, TX)
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Sept. 26 - World Press Institute (Austin, TX)
Sept. 3 - Pflugerville Republican Club (Pflugerville, TX)