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COVID-19 Public Policy Update: March 19, 2020

Published Mar 19, 2020 by Taylor Landin

In response to the novel coronavirus (COVID-19), the Partnership will provide a daily update on public policies and other newsworthy items from local, state and national levels of government. Today all levels of government continued to focus on strategies to contain COVID-19.

Executive Summary

At the federal level, there is an emphasis on supporting hospital preparedness. Today, President Trump is invoking the Defense Production Act to spur the domestic production of personal protective equipment and critical medical supplies, including ventilators and respirators. Federal legislation also continues to move forward. The Senate sent the House's Phase 2 coronavirus package to the President today, and he is expected to sign it. A third package providing loans to the airline and other industries, direct payments to American taxpayers, and small business loans, which the Treasury Department would like to be considered, is being negotiated. At the state level, Governor Greg Abbott has requested designation from the Small Business Administration's (SBA) Economic Injury Disaster Declaration in order to access the Economic Injury Disaster Loan (EIDL) program, which would provide long-term, low-interest loans to qualifying businesses across the state. At the local level, Fort Bend County implemented new guidance effective until April 1st closing bars and requiring that restaurants limit operations to delivery, take-out and drive-through service to help contain the spread of COVID-19. This is consistent with actions taken by Harris County and the City of Houston this week.

Federal

President Trump/Task Force Press Conference

  • The border between the U.S. and Canada has been closed for all non-essential traffic. This will currently not affect trade between the two countries.
  • HUD will suspend all evictions and foreclosures until the end of April.
  • President Trump plans to impose emergency border controls on the Mexican border that immediately send back migrants who cross the border illegally, including those seeking asylum.
  • 50 four-person FEMA teams will deploy to help state governments with procurement processes and providing financial resources.
  • While not mandatory, CMS has instructed hospitals to postpone elective surgeries in an effort to preserve masks, gowns, gloves, and other equipment used in surgeries or other invasive procedures.
  • The Senate has passed the House’s coronavirus package (Phase 2) with a 90-8 vote, sending it to President Trump, who is expected to sign it. The Joint Committee on Taxation estimates the bill will cost $104 billion.
  • President Trump did not confirm what they were discussing in terms of working with Congress on a legislative aid package, but noted it would be large. Reports indicate the White House is considering a package that could send Americans direct payments, with amounts varying by income and family size, and $300 billion in small business loans.
  • Attached is the proposal the Treasury Department would like to be considered. The proposal includes $200 billion in loans to the airline and other industries, $500 billion in direct payments to American taxpayers, and $300 billion in small business loans.
  • President Trump is invoking the Defense Production Act to help make up for potential medical supply shortages and deploy two hospital ships. While typically a wartime authority, FEMA describes the authority as “the primary source of presidential authorities to expedite and expand the supply of resources from the US industrial base to support military, energy, space and homeland security programs.”
  • Defense Secretary Esper said that DoD will make available up to five million N95 masks and other personal protective equipment from US strategic reserves, with the first one million masks being made available immediately.

DoD Response

  • In addition to working to deploy protective equipment and hospital ships on the east and west coast, the Pentagon is putting mobile hospitals on alert. This action would add 1,000 beds. The beds would not be used for COVID-19 patients; rather, they would be used by hospital patients without an infectious disease to free up room in hospitals.

Surgeon General

  • U.S. Surgeon General Dr. Jerome Adams said today that a 15-day lockdown will not likely be enough to stop the spread of COVID-19. It is about “flattening the curve,” and another assessment can be taken after 15 days. He stated, “We should all be acting as if we have the virus.”

Numbers

  • CDC numbers as of 3/18/20: 7,038 confirmed cases; 97 deaths, 54 jurisdictions reporting cases (50 states, D.C., PR, Guam, and U.S. Virgin Islands).
  • For comparison: CDC numbers as of 3/17/20: 3,487 confirmed cases; 68 deaths, 53 jurisdictions reporting cases (49 states, DC, PR, Guam, and US, Virgin Island

State

Numbers as of 2pm, March 18, 2020

  • 83 Confirmed cases in Texas across 23 counties. 3 deaths.
  • More than 1900 being monitored.

Texas Now Qualifies for Small Business Disaster Loans

  • Governor Greg Abbott has requested designation from the Small Business Administration's (SBA) Economic Injury Disaster Declaration in order to access the Economic Injury Disaster Loan (EIDL) program. If granted, the SBA would provide long-term, low-interest loans to qualifying businesses across the state. The SBA disaster loan information may be reached here:

Governor's Call with Hospital CEOs and Representatives Across Texas

  • Governor Greg Abbott held a call yesterday with hospital CEOs and representatives across Texas to provide an update on care capacities as COVID-19 response continues. On the call, the Governor and hospital representatives discussed the supply, staffing, and bed capacities of hospitals to ensure care providers have the support they need to assist patients. They also discussed strategies to further increase these capacities. The Governor provided an update on Texas' testing capabilities, and announced a survey on capacity needs for hospital networks so that state agencies can ensure adequate resources are continuously provided. The Governor also announced a temporary waiver for hospitals to increase unused bed capacity without submitting an application or associated fees. During a press conference in Arlington this afternoon, the Governor said he expects in the next several days the state will have the capacity to test 15,000-20,000 people per week for COVID-19 in concert with private labs.

Other Proclamations

  • Governor Greg Abbott today issued a proclamation allowing local governments now have the ability to postpone their May 2, 2020 elections until November 3, 2020.
  • Expiration dates for driver licenses, commercial driver licenses, and other identification forms have been temporarily waived as part of the State Disaster Declaration. This suspension will be in effect until 60 days after the DPS provides further public notice that normal Driver License operations have resumed.
  • A proclamation was issued allowing for telemedicine care for patients with state-regulated insurance plans to help doctors across Texas continue to treat their patients while mitigating the spread of COVID-19. The suspensions and emergency rule will work together to allow telemedicine visits for patients with state-regulated plans to be paid the same as in-office visits for insurance purposes.

Local

Closures

  • Effective today, Fort Bend County implemented new guidance regarding the operation of bars and restaurants, similar to rules in place in the City of Houston and Harris County. Fort Bend County ordered local bars, nightclubs, gyms and facilities that do not serve food to close. Restaurants may only provide take-out, delivery or drive-through. These rules will be in effect through April 1st.
  • No significant news from Judge Hidalgo's Office or Mayor Turner. No other major news from Brazoria, Galveston or Montgomery Counties.

Education

Public School Closures

  • Nearly all school districts in Texas have announced closures as of this morning. Many have extended closures to April 10

STAAR Assessment

  • The U.S. Department of Education (USDE) has announced plans to create an online form for states to submit requests for the department to waive accountability and testing requirements under the Every Student Succeeds Act (ESSA).
  • We anticipate the USDE to grant one-year waivers to the majority of states who request a waiver due to the growing number of school closures across the country.

Distance Learning and Student Supports

  • We are still waiting to hear from other districts in our region on their timeline for distance learning implementation.
  • The greatest concern with distance learning is reliable student access to the internet or a phone, especially in school districts with a majority economically disadvantaged students. Education leaders are concerned that extended closures will disproportionally impact outcomes for students without this access, unless we are able to find a way to provide every student with access. As such, some school districts have begun parent surveys to assess students’ ability to access technology outside of school.
  • We continue to be in contact with the Region 4 Education Service Center and many area school district leaders to coordinate assistance as necessary.
  • There is growing concern from school districts and community members about the need for affordable and safe childcare as school closures are extended.

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HOU in ATX: Legislative Update – Week 10

3/17/23
This week, state lawmakers consider legislative items relating to Partnership priorities, Governor Abbott holds a press conference supporting the Texas CHIPS Act, TEA formally announces their intent to install a temporary board of managers, and Harris County Commissioner’s Court approves a measure expanding the district court system. UPDATE: Partnership’s Executive Priorities Economic Development Incentives Last month, the Texas Senate and the House Ways & Means Committee received a letter from over 200 trade associations, chambers of commerce, and economic development organizations stressing the need for legislative action. The Partnership was one such signatory.  What’s Next: The influential House Ways & Means Committee will consider House Bill 5 in the coming weeks. House Bill 5, authored by Representative Todd Hunter (R-Corpus Christi), would create a modern, transparent, and accountable tool to restock Texas’ economic development toolbox.  Community College Finance Reform What's next: The House’s Higher Education Committee will hear House Bill 8, the community college finance bill, next Monday. This priority bill will convert the community college funding model into industry-aligned and outcomes-based. Since the bill would transform the way colleges approach student education, it will be critical for the committee to receive feedback from the public on the initial bill draft. Committee members are expected to hear from students, colleges, businesses, advocacy organizations, and community leaders on how the bill would affect their operations and student outcomes. Flood Infrastructure Fund This week, Armando Walle (D-Houston), the Appropriations Subcommittee Chairman for articles VI, VII, and VIII, introduced a budget rider that would allocate $350 million from general revenue to the Flood Infrastructure Fund (FIF). This allocation is in addition to the $400 million from the American Rescue Plan Act (ARPA) federal funds that both the House and Senate have placed in respective bills. Senator Brandon Creighton (R-Conroe) is also working to add funds to the FIF in the Senate’s budget.  Governor Abbott Urges Lawmakers to Support Texas CHIPS Act On Wednesday, Governor Abbott held a press conference on the proposed Texas CHIPS Act, which would create the Texas Semiconductor Innovation Consortium and Fund. The legislation aims to support and expand Texas-based semiconductor manufacturing by funding critical research and development efforts. What they're saying: Joined by bill authors, Senator Joan Huffman (R-Houston) and Representative Greg Bonnen (R-Friendswood), Gov. Abbott noted that “to achieve our promise for the remainder of this century, we need to pass the Texas CHIPS Act…to ensure that Texas remains the national leader in semiconductor chip manufacturing, development, and exports.” Why It Matters: The federal bipartisan CHIPS and Science Act was signed into law on August 9, 2022. This proposed state legislation would ensure Texas maximizes the opportunity to win semiconductor projects and create jobs.  Data privacy and maternal health   House Bill 4 - Representative Giovanni Capriglione (R-Southlake)  House Bill 4, the Texas Data Privacy and Security Act, is a comprehensive data privacy bill meant to establish a framework for how certain businesses process the personal data of Texas residents.  On Monday, the House Business & Industry Committee heard testimony on the legislation, and the bill was well-received by the committee.  Rep. Capriglione indicated this bill is a “compromise that goes above and beyond on consumer rights and minimizes the compliance costs for Texas businesses” and that “90% of this bill codifies practices that responsible companies are already doing.”  What’s next: The bill was left pending in the committee, with further action anticipated in the upcoming weeks.  House Bill 12 - Representative Toni Rose (D-Dallas)  House Bill 12, a bill to extend postpartum Medicaid coverage for new Texas mothers from six to 12 months, is once again being considered by the Texas House.  On Thursday, the Partnership supported the passage of HB 12 during the House Select Committee on Health Care Reform’s legislative hearing. Texas leadership widely supports the bill. House Speaker Dade Phelan endorsed the expansion of Medicaid for new mothers in his first list of this session’s priorities. Gov. Abbott also included the extension in his budget proposal.  What’s next: The bill was left pending in the committee and is anticipated to be favorably voted out next week. TEA Makes HISD Intervention Official In a move which has been expected since 2019, Texas Education Agency Commissioner Mike Morath announced this week the TEA will take the steps necessary to install a temporary board of managers and a new superintendent for HISD. In January, the Texas Supreme Court affirmed that Commissioner Morath has the authority and the duty to take action to correct HISD’s long history of failing to provide quality education across the district. Pursuant to a bill passed in 2015, if a public school fails state standards for five or more years, the commissioner can either choose to close the school or replace the district school board with a temporary board of managers. In the case of HISD, Commissioner Morath has decided to appoint a board of managers.  More than 40%of HISD students attend a school that received the equivalent of a D or F in the student achievement domain of the school accountability metrics. Sixty-eight % attend a C, D or F school. What’s next: Commissioner Morath will appoint a new superintendent and a board of managers early this summer. The board of managers will be made up of qualified individuals residing in the district. The TEA is opening an application process for those in the community who want to serve on the board of managers.  Go deeper: Full interview with TEA Commissioner Mike Morath conducted by Houston Landing reporter Jacob Carpenter.  Harris County Approves Resolution to Add Courts    Bob Harvey, the Partnership's President & CEO, at Commissioner's Court on Feb 21st, testifying in support of the additional courts.  This week, Harris County Commissioners Court approved a resolution to create six new courts by a vote of 4-0, with County Judge Lina Hidalgo abstaining. This resolution is an important step in the process of expanding the court system. While district courts must be created through state legislation, the Texas Legislature requires a county resolution dictating the number of courts the county wants to create.  Why it matters:  Expanding the Harris County court system is a necessary step to address the county’s high criminal case backlog, a problem exacerbated by Hurricane Harvey and then by the COVID-19 pandemic.  Over the past forty years, Harris County has only created one new court. During that same time, the county’s population has increased by over 2 million residents. New courts are needed to address the increase in cases based on population growth alone.  What’s next: The resolution to create the six new courts supports HB 130 by Representative Ann Johnson (D-Houston), which is the bill to statutorily create the new courts. HB 130 will most likely be added to an omnibus courts bill, which includes the requested new courts of every county across the state. The Partnership commends the Court for taking action and supporting additional courts in Harris County.  During the 88th Legislative Session, the Greater Houston Partnership will provide a weekly update on newsworthy items from Austin. You can view more policy news and archives of our weekly updates here. Subscribe here to get our weekly legislative updates. 
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