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Research Minute: Communicable Disease Statutes

On March 19, Commissioner John W. Hellerstedt, M.D., of the Texas Department of State Health Services, declared a state of public health disaster for the entire state of Texas. The authority to do so and explanation of what that means can be explored in the Communicable Disease Prevention and Control Act, which is located in Texas Health and Safety Code Chapter 81, Communicable Diseases. The legislation was enacted by SB 1064, 68R. A few years later, the Act was added to the Health and Safety Code as part of statutory revision. (Previously it was found in VACS Art. 4419b-1.) 

Current Articles & Research Resources, March 19

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.

  • Consider state action related to unregulated water wells. (National Conference of State Legislatures, March 2020)
  • Review Governor Abbott's People 2020 Report to the of Texas. (Office of the Texas Governor, March 9, 2020)
  • Read about legal considerations regarding authority to quarantine communities. (Health Affairs, March 10, 2020)
  • Explore the use of child safety seats in rideshare vehicles. (Texas A&M Transportation Institute, February 25, 2020)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252.

  • 20.03.31  /  "Solar and wind beat forecasts. Can they again?" By Timmy Broderick. Christian Science Monitor, March 2, 2020, p. 17.
    Documents the growth of renewable energy and considers the forecast for the future. Highlights the Texas situation in which wind briefly overtook coal as a power source in the state.
  • 20.03.32  /  "A shaky start for new data on sex trafficking victims, prenatal drug exposure." By John Kelly. Chronicle of Social Change, March 3, 2020, pp. 1-2.
    Highlights the latest Child Maltreatment report from the federal government, which finds the number of child maltreatment investigations increased by nearly ten percent since 2014. Discusses statistics on human trafficking and prenatal drug exposure in the report. Mentions Texas.
  • 20.03.33  /  "Going nuclear ... or not." By Benjamin J. Hulac. CQ Weekly, February 24, 200, pp. 12-18.
    Explores why the nuclear energy industry in the United States is struggling, while the industry is growing globally overall. Addresses the potential role of nuclear energy in mitigating climate change.
  • 20.03.34  /  "High court leans toward support for religious schools." By Mark Walsh. Education Week, February 12, 2020, pp. 6-7.
    Summarizes oral arguments presented in the United States Supreme Court case Espinoza v. Montana Department of Revenue on January 29, 2020, a case in which parents are seeking the reinstatement of a tax credit for funding scholarships for use at religious schools.
  • 20.03.35  /  "At what cost? A review of school police funding and accountability across the U.S. South." By Terrence Wilson. IDRA Newsletter (Intercultural Development Research Association), February 2020, pp. 1-2, 6.
    Examines the impact of school police in terms of previous problems at a time when increased funding is bringing more police on campus. Considers whether training and accountability standards are adequate. Offers recommendations for school safety policies.
  • 20.03.36  /  "Telemedicine and pregnancy care." By Gabriela Weigel, Brittni Frederiksen, and Usha Ranji. Internet Resource, February 26, 2020, pp. 1-18.
    Examines how telemedicine is currently used, financed, and regulated for obstetrical care. Outlines federal efforts to expand the use of telemedicine and its role in addressing maternal health disparities and improving outcomes among minority groups and women living in rural areas.
  • 20.03.37  /  "Macroeconomic feedback effects of Medicaid expansion: Evidence from Michigan." By Helen Levy, et al. Journal of Health Politics, Policy, and Law, February 2020, pp. 5-48 (Note Length).
    Analyzes the state-level fiscal impact of Medicaid expansion, using Michigan as a case study. Reports that Medicaid expansion yielded clear fiscal benefits for the state exceeding the program's costs every year.
  • 20.03.38  /  "The unbuildable American home." By Kevin Erdmann. National Review, March 9, 2020, pp. 30-32.
    Argues against the current "tangled web" of barriers, taxes, and subsidies that make the housing market unaffordable. Advocates for a housing policy based on free and open markets in terms of mortgage-funding and urban land use.
  • 20.03.39  /  "Arbitration law will be 'messy.'" By Joey Berlin. Texas Medicine, March 2020, pp. 8-9.
    Summarizes a panel discussion on physicians' concerns regarding SB1264, 86th Legislature, which addresses balance billing.
  • 20.03.40  /  "Making billing more balanced." By Joey Berlin. Texas Medicine, March 2020, pp. 16-21.
    Describes federal efforts to address out-of-network billing disputes. Considers the influence of state laws on balance billing, including Texas legislation. Quotes Representative Tom Oliverson.
  • 20.03.41  /  "Underwater." By Sophie Novack. Texas Observer, March/April 2020, pp. 40-44.
    Addresses flooding in colonias on the Texas-Mexico border in Hidalgo County and efforts by community organizers to assist residents.
  • 20.03.42  /  "2019 legislation lowdown: What you need to know." By Rusty Adams. Tierra Grande, December 2, 2019, pp. 1-7.
    Summarizes bills relating to real estate that passed during the 86th Legislature.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form (if connected to the Capitol intranet) or by calling 512-463-1252.

Resource Highlight: Governor's Statements on COVID-19

Under the authority of Texas Government Code Chapter 418 and the state of disaster proclamation, Governor Abbott has worked with various agencies to waive regulations and guide Texas' response to COVID-19 (coronavirus).

 

You can access all of these proclamations and statements in our governor's database, where we have a link to COVID-19 documents listed with our "popular searches." The most recent additions are today's Governor's Executive Order No. GA-08 and the declaration of a public health disaster. The LRL will continue adding documents to the database as they are released.

Research Minute: Emergency Management Statutes

Wondering where to find statutes regarding emergency management, in light of COVID-19 (coronavirus) and Governor Abbott's disaster proclamationTexas Government Code Chapter 418 on emergency management was added to the statues with the Texas Disaster Act of 1975. In addition to setting out the governor's powers and duties in a disaster, the chapter also sets out guidelines for the Texas Division of Emergency Management, local emergency management, and addresses some financial aspects of disaster response. The Texas Disaster Act has been amended many times since 1975, including several bills from the 86th Legislature (2019) that added to and amended the chapter.  

COVID-19 (Coronavirus) – Texas Informational Resources

Seeking information on COVID-19 (coronavirus) and how it may affect different aspects of life in Texas? We've compiled this list of resources from various Texas leaders, agencies, and other organizations. Please use contact information on the respective organizations' websites for any questions specific to their purposes.

 

From Texas leadership:

Texas state agency resources:

From other Texas organizations:

And national organizations:

Information on this page is provided as a public service by the Legislative Reference Library. The Legislative Reference Library makes no representation as to its completeness or accuracy and makes no warranty in regard to its use. Users assume all risk of reliance on the information included on this site.

Current Articles & Research Resources, March 12

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.

  • See which states are considering or have enacted legislation related to Daylight Saving Time. (National Conference of State Legislatures, March 4, 2020)
  • Review federal and state laws that may have an impact on workplace leave for individuals affected by the coronavirus. (Congressional Research Service, March 6, 2020)
  • Read about the 39-state investigation of Juul Labs. (Attorney General of Texas, February 25, 2020)
  • Note that March is Brain Injury Awareness Month. (Centers for Disease Control and Prevention, March 6, 2020)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252.

  • 20.03.17  /  "An introduction to police and fire pensions." By Jean-Pierre Aubry and Kevin Wandrei. Center for Retirement Research at Boston College, February 2020, pp. 1-7.
    Compares the pension and retiree health benefits for police officers and firefighters with those of other local government employees. Finds police and fire retirement benefits are substantially more expensive due to earlier retirement ages, but still a very small share of total local government spending.
  • 20.03.18  /  "Unraveling the complexity of America's student debt." By Don Troop, Bennett Leckrone, and Danielle McLean. Chronicle of Higher Education, February 28, 2020, pp. A8-A11, A13.
    Considers the student loan debt problem in terms of which groups are most likely to default, finding it is not necessarily those with the largest debt. Includes profiles of five individuals with debts from $11,000 to $93,000.
  • 20.03.19  /  "Trump budget 2021: Family First enhancements, block grants, unaccompanied minors." By John Kelly. Chronicle of Social Change, February 20, 2020, pp. 1-3.
    Analyzes President Trump's 2021 budget on child welfare programs, implementation of the Family First Prevention Services Act, block grants, and immigrant children. Includes Trump Budget 2021, a table of spending per program.
  • 20.03.20  /  "Privacy battles spread." By Copal Ratnam and Dean DeChiaro. CQ Weekly, February 10, 2020, pp. 28-30.
    Examines data-privacy legislation being addressed at the state level. Reports tech companies are shifting their focus to the states to shape data protection legislation because the federal legislation has stalled.
  • 20.03.21  /  "Is explosive growth in Frisco creating Orange County 2.0?" By Bill Hethcock. Dallas Business Journal, February 28, 2020, pp. 10-12.
    Highlights the drivers and demographics of the explosive growth in Frisco and surrounding counties. Provides updates on high-profile projects underway in Frisco.
  • 20.03.22  /  "Covid-19 and market turmoil: Spread and stutter." Economist, February 29th-March 6th, 2020, pp. 55-56.
    Considers how the covid-19 virus will impact financial markets, specifically the market's volatility and corporate debt. Suggests interest-rate cuts can help to soothe credit markets, but cannot do much to remedy the disruption.
  • 20.03.23  /  "Young Texans: Demographic overview (Part one of a two-part series)." By Olga Garza, et al. Fiscal Notes, February 2020, pp. 6-10.
    Discusses demographic characteristics of young Texans and the primary drivers of under-eighteen population growth in the state.
  • 20.03.24  /  "The latest on homelessness." By Rick Mauch. Fort Worth Business Press, February 10-23, p. 26.
    Examines recent data trends relating to the homeless population in Fort Worth and the city's continuum of care service areas.
  • 20.03.25  /  "How the Texas Appraiser Licensing and Certification Board went rogue." By Jeremy Bagott. Houston Business Journal, February 20, 2020, p. 46.
    Questions the Texas Appraiser Licensing and Certification Board's practice of "incorporation by reference," which allows a nonprofit to draft and approve regulations that Texas real estate appraisers must follow.
  • 20.03.26  /  "Lights out in Mexico's upstream market?" By Miriam Grunstein. Issue Brief (Rice University's Baker Institute for Public Policy), February 27, 2020, pp. 1-5.
    Tracks the change in direction of Mexico's energy policy under President Andrés Manuel López Obrador and its effect on global investors.
  • 20.03.27  /  "Rebates — the little-known factor behind increasing drug list prices." By Rita Rubin. JAMA (Journal of the American Medical Association), March 3, 2020, pp. 812-813.
    Details the drawbacks of the drug rebate model that currently underlies much of the pharmaceutical market.
  • 20.03.28  /  "Critical power: Supporting customers with medical needs." By Susan Partain. Public Power, January/February 2020, pp. 14-19.
    Highlights how several public power utilities have adapted for customers who depend on electricity for life support-related purposes.
  • 20.03.29  /  "Reaching for the cure." By Sean Price. Texas Medicine, February 2020, pp. 38, 40.
    Observes that Texas' rules regarding Medicaid coverage for hepatitis C medications are among the nation's strictest. Notes that the 86th Legislature passed a budget measure and requested a feasibility study on new methods to make hepatitis C medications affordable for Medicaid patients.
  • 20.03.30  /  "Home front." By Joshua Roberson. Tierra Grande, January 2020, pp. 19-21.
    Examines how military communities influence the housing markets in Texas.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

Updated Poets Laureate Exhibit

"WHEREAS, There is a close connection between the long growth of civilization and the development of literature; and WHEREAS, It has been customary in all ages for governments to recognize this relation by elevating the poet to the same plane as statesmen and military leaders; and WHEREAS, The recognition of outstanding poets in this State and their elevation to places of honor will have a wholesome and beneficial effect on literature in this State ... "

 

So was it resolved in SCR 82, 43R, that every two years, “some outstanding and recognized poet, who is a citizen of Texas” would be designated as state poet laureate.

 

In 2019, the 86th Legislature named Carrie Fountain (HR 903, SR 455) and Emmy Pérez (HR 897SR 456) as the latest poets laureate. Learn about them and other recently honored Texas poets laureate in our display on the north end of the library.

 

Current Articles & Research Resources, March 5

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community.

  • Review election returns from the March 3 primaries. (Texas Secretary of State, accessed March 4, 2020)
  • Consider book censorship in U.S. prisons. (NPR, February 22, 2020)
  • Explore ways Southern states can look to the Netherlands for ideas to bolster resilience against recurrent floods. (Southern Legislative Conference, January 2020)
  • Read about rule changes to the Supplemental Nutrition Assistance Program. (AP News, March 4, 2020)

 

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252.

  • 20.03.01 / "Will the ERA cross the finish line?" By Stacy Teicher Khadaroo. Christian Science Monitor, February 24, 2020, p. 15.
    Discusses the legal situation regarding ratification by the 38th state of the Equal Rights Amendment (ERA) including the effect of final ratifications happening after a Congressional deadline. Considers whether the amendment is still needed and explains potential opposition to it.
  • 20.03.02 / "Students say Republicans have made it harder for them to vote in some states." By Danielle McLean. Chronicle of Higher Education, February 28, 2020, pp. 18-19.
    Examines how students at various college campuses believe they have been the victim of voter suppression attempts. Includes a discussion of Abilene Christian University students and the effect of a law passed by the Texas Legislature (HB1888, 86th Legislature) banning early voting locations that do not remain open through the entirety of early voting.
  • 20.03.03 / "Business and the next recession: Downturn, disrupted." Economist, February 22nd-28th, 2020, pp. 61-63.
    Reports the impact of the next recession will be affected by economic changes since the 2007 recession: the dominance of the digital world, the social context shift, and too much corporate debt.
  • 20.03.04 / "Church-run charter schools? Court arguments stir discussion." By Evie Blad. Education Week, February 12, 2020, pp. 6-7.
    Addresses the possibility of church-run charter schools presented during oral arguments for the United States Supreme Court case Espinoza v. Montana Department of Revenue on January 29, 2020, a case that challenges the barring of public tax credits for religious schools.
  • 20.03.05 / "New funding for early education: New law increases funding for Texas' youngest students." By Peggy Fikac. Fiscal Notes, February 2020, pp. 1, 3-5.
    Highlights the state's new investment in early childhood education in HB3, 86th Legislature, through the $835 million Early Education Allotment. Looks at how the new funding will assist economically disadvantaged students and pre-Kindergarten in Texas.
  • 20.03.06 / "Health policy brief: Precarious work schedules and population health." By Kristen Harknett and Daniel Schneider. Internet Resource, February 2020, pp. 1-6.
    Asserts that unstable and unpredictable work schedules are correlated with poor health outcomes for adults, challenges with child care arrangements, and behavioral problems in young children. Notes that several cities and one state have passed laws to regulate scheduling practices.
  • 20.03.07 / "When state policy makes national politics: The case of 'Obamacare' marketplace implementation." By Samuel Trachtman. Journal of Health Politics, Policy, and Law, February 2020, pp. 111-141. (Note length)
    Examines how state-level implementation of the Affordable Care Act can affect the national-level political implications of the law. Concludes that state legislators often implement federal law in ways that benefit their political parties more than their constituents.
  • 20.03.08 / "Rural America doesn't have to starve to death." By Nick Shaxson. Nation, March 2/9, 2020, pp. 12-17.
    Contrasts increased farming wealth in United States agribusiness with a financial "hollowing" and increased poverty of small rural farming communities. Includes the economic impact of concentrated animal feeding operations [CAFOs], also known as factory farms.
  • 20.03.09 / "Beneficial electrification test to assess benefits and costs: To achieve widespread decarbonization." By M. Sami Khawaja, et al. Public Utilities Fortnightly, February 10, 2020, pp. 24-29, 51.
    Considers using a benefit cost analysis [BCA] framework to evaluate electrification investments.
  • 20.03.10 / "Massage parlor panic." By Elizabeth Nolan Brown. Reason, March 2020, pp. 17-24.
    Discusses the growing focus on human trafficking in terms of raids and stings directed at massage parlors. Argues little evidence of human trafficking has been found in these cases. Concludes these efforts become immigration stings that target Asian women, thereby doing more harm than help to these "victims."
  • 20.03.11 / "What's killing the monarchs?" By Gabriel Popkin. Scientific American, March 2020, pp. 17-24.
    Covers different theories about why the monarch butterfly population is declining and how scientists are trying to determine the cause or causes.
  • 20.03.12 / "Stop milking it, dairy farmers tell plant-based competitors." By Marsha Mercer. Stateline (Pew Charitable Trusts), March 2, 2020, pp. 1-5.
    Discusses the debate over labeling regulations for plant-based milk and food products. Points out states that have introduced milk labeling bills.
  • 20.03.13 / "Not seeing eye to eye." By Joey Berlin. Texas Medicine, February 2020, pp. 25-27.
    Debates the legislative intent of the Texas Optometry Act (SB781, 61st Legislature, R.S.) regarding a Texas Optometry Board rule preventing physicians from employing optometrists while leasing their office space from an optician.
  • 20.03.14 / "Preserving 'do no harm'." By Joey Berlin. Texas Medicine, February 2020, pp. 22-23.
    Summarizes the judicial history of Kelly v. Houston Methodist Hospital, which is attempting to overturn a provision of the Texas Advance Directives Act (SB1260, 76th Legislature).
  • 20.03.15 / "The changing landscape of the Texas Citizens Participation Act." By Laura Lee Prather and Robert T. Sherwin. Texas Tech Law Review, Winter 2020, pp. 163-198. (Note length)
    Discusses how HB2730, 86th Legislature, amended the Texas Citizens Participation Act (TCPA), which allows defendants the ability to file a motion to dismiss a legal action, including a SLAPP [Strategic Lawsuits Against Public Participation] suit, if it is based on the right of free speech, right to petition, or right of association. Examines how these changes will affect pending issues within Texas courts of appeals, including awarding sanctions and the TCPA's applicability to trade secret cases, attorney discipline cases, and employment disputes. Identifies remaining open questions related to pre-suit requests for discovery and the new definitions of "matter of public concern" and "right of association."
  • 20.03.16 / "Battle for the ballot." By Vera Bergengruen. Time, March 2/9, 2020, p. 76.
    Reports that this year, 29 states have introduced legislation that will expand voting rights while 15 states have filed bills making it harder to vote. Includes discussion of voter registration in Texas.

 

 

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

 

Interim Hearings – Week of March 9, 2020

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

For recent posts on Interim Hearings, see Interim Hearing Resources on the LRL homepage. The "Recent Entries" list on the left provides quick access to interim hearings posts from previous weeks.

 

 

March 9

Charge: Monitor the agencies and programs under the Committee's jurisdiction and oversee the implementation of relevant legislation passed by the 86th Legislature. Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure intended legislative outcome of all legislation, including the following:

  • HB 1442, which is the sunset bill for the Office of Consumer Credit Commissioner (OCCC). The legislation contains provisions relating to the regulation of online lenders. Monitor the OCCC's rules regulating the online lending industry.

  • HB 2945, which relates to consumer protection against credit card skimmers. Monitor the Office of the Attorney General’s (OAG) rules, polices, and procedures regulating the payment terminals on motor fuel dispensers and credit card skimmer violations. Examine the process by which the OAG creates, manages, and utilizes the payment fraud fusion center.
  • SB 322, which relates to the evaluation and reporting of investment practices and performances of certain public retirement systems. Examine the process by which state agencies and public retirement systems collaborate on, plan, and implement the structure necessary to perform these evaluations.
  • SB 2224, which relates to requiring a public retirement system to adopt a written funding policy. Examine the process by which state agencies and public retirement systems collaborate on, plan, and implement the structure necessary to create sound and practical funding policies.

Charge: Study pension plan and personal retirement savings options for small businesses in order to be competitive with state and larger employers.

Invited testimony related to Teacher Retirement System lease for investment management division employees.

 

March 10

House Committee on Public Health

Topic: State's preparedness on the coronavirus

 

Senate Select Committee on Mass Violence Prevention & Community Safety CANCELED

Charge:  Examine ways to keep firearms out of the hands of individuals who would not pass a federal background check, while protecting the Second Amendment and Texans' right to bear arms. Examine whether stranger-to-stranger gun sales in Texas should be subject to background checks.

 

March 11

House Select Committee on Mass Violence Prevention & Community Safety (Houston) CANCELED

Duties:

(1) Examine options for strengthening enforcement measures for current laws that prevent the transfer of firearms to felons and other persons prohibited by current law from possessing firearms 

(2) Examine impediments and challenges to the timely reporting of relevant criminal history information and other threat indicators to state and federal databases 

(3) Examine the role of digital media and technology in threat detection, assessment, reporting, and prevention, including the collaboration between digital media and law enforcement 

(4) Evaluate the ongoing and long-term workforce needs of the state related to cybersecurity, mental health, law enforcement, and related professionals 

(5) Evaluate current protocols and extreme risk indicators used to identify potential threats and consider options for improving the dissemination of information between federal, state, and local entities and timely and appropriate intervention of mental health professionals 

 

 

Senate Committee on Education CANCELED

Charge: Adult Education: Identify and evaluate current innovative programs that assist non-traditional students (first-time adult learners, re-enrolling students, working adults, and educationally disadvantaged students) in completing a high school diploma, GED, post-secondary degree, or workforce credential, including a review of adult education charter schools and their performance framework. Make recommendations to help successful expansion with partnered business and education entities.

Charge: Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 86th Legislature, as well as relevant agencies and programs under the committee's jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following:

Notable Names in the Minutes: Texas Governors

A few months ago, we shared some notable names in the minutes—famous figures like Willie Nelson and Larry Hagman who have testified at legislative hearings. But sometimes the notable figures come from the executive branch of the Texas government:

  • Governor Ann Richards testified on March 3, 1991, before the House Insurance Committee in favor of an insurance bill (HB 2, 72R) that later passed. During a special session, she testified on July 16, 1991, before the Senate State Affairs Committee for a government reorganization bill (SB 7, 72nd 1st C.S.) that did not pass. Typescripts of her prepared testimonials are available for both bills—with a caveat noted on her testimony for SB 7 that "Governor Richards frequently deviates from prepared remarks."
  • Governor George W. Bush testified on the need for tort reform at the 74th Legislature's Senate Committee on Economic Development meeting on February 2, 1995. (Search within the document to find his name on witness lists for bills SB 25, SB 28, and SB 32, all of which passed.) We do not have his testimony transcripts.
  • Governor Rick Perry also "frequently departs from prepared remarks," according to the May 20, 2004, testimony published for his remarks to the House Select Committee on Public School Finance for the 78th Legislature.

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