Gavel To Gavel 87th Legislative Session: March 12, 2021
Following Gov. Greg Abbott’s decision to lift the statewide mask mandate, the State Preservation Board (SPB) this week amended the Capitol guidelines for visitors to say that masks are “strongly encouraged” rather than “required.” This recommendation applies to public areas of the building; visitors must adhere to House and Senate COVID-19 rules when in the chambers. Neither the House nor the Senate have taken any official steps towards revising their rules, so previously established COVID-19 restrictions still stand.
In the latest round of Texas vs Winter Storm Uri, a second Public Utility Commission (PUC) of Texas Commissioner, Shelly Botkin, resigned on Tuesday, leaving the newly appointed Chairman Arthur D’Andrea as the sole remaining Commissioner of the PUC. Additionally, the PUC announced that Adrianne Brandt will be the new Director of Electric Reliability Council of Texas (ERCOT) Accountability, working to enhance PUC oversight of ERCOT. Brandt will be assisted by former ERCOT COO, Brad Jones.
In response to the PUC’s announcement last week that they would not reverse ERCOT’s $16 billion overcharge, state leadership and the House and Senate committees with jurisdiction have made it clear that will not be the end of the discussion. Lt. Gov. Dan Patrick issued a release to that effect; a bipartisan group of Senators authored a letter to Comm. D’Andrea urging him, “in the strongest possible terms” to reprice the market; and Gov. Greg Abbott revised his initial list of Emergency Items yet again to include the desired modification. Meanwhile, House Speaker Phelan urged caution, stating that “the pricing structure ERCOT employed during Winter Storm Uri requires a meticulous audit and data analysis.”
Thursday, in ongoing hearings on the subject, House State Affairs and Senate Jurisprudence heard testimony from Comm. D’Andrea. He informed the two bodies that the Independent Market Monitor (IMM) had revised its previous estimate down to $3.2 billion, and he would have more information on that soon. He believes the formula dictating storm pricing does not legally constitute an “error,” and therefore reversing it would be both illegal and unethical. Further, given the complexities and various entities involved, clawing back those funds would more likely financially destabilize the state than it would address the damage to consumers. He indicated that any official action in this area should come from the Legislature. Following Comm. D’Andrea’s testimony in Senate Jurisprudence, Lt. Gov. Patrick issued a release arguing that the Commissioner abdicated his responsibility and authority on this issue, and called on Gov. Abbott to intercede and replace Comm. D’Andrea when the other PUC vacancies are filled. Gov. Abbott has since refused suggesting that solutions to these issues are squarely in the purview of the courts and the Legislature.
House State Affairs also held a lengthy discussion on Thursday regarding the Committee Substitute for House Bill 3, or, the “Texas Pandemic Response Act” by Rep. Dustin Burrows. The author indicated that the intent of the bill is to streamline pandemic responses and clarify the Governor’s executive authority. CSHB 3 would therefore establish the Pandemic Disaster Legislative Oversight Committee, which would have the power to review proclamations, orders, or rules issued or adopted by the Governor and terminate them in whole or in part. The Committee would comprise the Governor, Lt. Governor, and Speaker of the House, as well as the chairs of select House and Senate Committees.
In other news, the bill filing deadline was Friday, March 12th; more than 900 bills were filed by the end of the day. In the House, budget rider amendments may be submitted from 9:00 a.m. Monday through Friday at 5:00 p.m.
The Department of State Health Services (DSHS) announced that beginning March 15th, Texas will expand vaccinations to individuals 50-64 years of age. Texas will receive more than 800,000 first doses of COVID-19 vaccine for Week 14 of vaccine distribution. DSHS will allocate 656,810 doses to at least 445 providers in 178 counties. The federal government will distribute an additional 200,000 first doses to pharmacy locations and federally qualified health centers.