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Texas lawmaker plans to re-file hospital bollard bill despite ‘very aggressive' lobbying
Texas lawmaker plans to re-file hospital bollard bill despite ‘very aggressive' lobbying

Yahoo

time4 days ago

  • Health
  • Yahoo

Texas lawmaker plans to re-file hospital bollard bill despite ‘very aggressive' lobbying

This story is part of KXAN's 'Preventing Disaster' investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital's emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening. AUSTIN (KXAN) — Despite a 'VERY aggressive lobbying effort' by the Texas Hospital Association to kill a bill aimed at preventing vehicle crashes at emergency entrances — following last year's deadly crash at St. David's North Austin Medical Center — a state senator is pledging to refile the same safety measure next session, according to a senior staffer. Senate Bill 660, sparked by a KXAN investigation, sought to require crash-rated vertical barriers, called bollards, at Texas hospital entrances. The proposal was supported by the Texas Nurses Association, which said 'all protections should be considered' to ensure healthcare workers are safe and protected. It passed the Senate but stalled in a House committee despite a last-minute amendment to only require bollards at new hospitals in cities with a population of 1.2 million or greater. 'I am disappointed that Senate Bill 660 died in the House Public Health Committee, especially after we took so many suggestions from stakeholders on modifying the legislation,' said the bill's author, Sen. Royce West, D-Dallas, who called the bollard requirement 'common-sense public safety legislation.' On Feb. 13, 2024, a drunk driver drove into the lobby of St. David's North, running over all four members of the Bernard family, including their two toddlers. The driver, Michelle Holloway, 57, was killed. After the crash, the Bernards — who were seriously injured — spoke exclusively to KXAN about their ordeal and their goal moving forward. 'That no one will have to suffer like we do,' said Nadia Bernard, who was still in a wheelchair recovering at the time. That plea led to a more than year-long KXAN investigation looking into crashes and finding solutions to prevent them. After surveying dozens of hospitals, watching bollard crash-tests at Texas A&M's Transportation Institute and learning about the strength of the security barriers, we were asked to share our findings with lawmakers as they considered SB 660, which would have required bollards at hospitals statewide. 'Without a uniform statewide approach, we found a patchwork system where some hospitals are protected while others remain vulnerable,' KXAN investigative reporter Matt Grant told a Senate panel. EXPLORE: KXAN's 'Preventing Disaster' investigation into medical center crashes Using data from the non-profit Storefront Safety council, TxDOT, police and media reports, we built our own nationwide database of crashes over the past decade. We looked at places patients receive care, according to the state's definition of 'health care provider' that includes doctors, nurses, dentists and pharmacists, among others. The result: By the start of the legislative session, we had identified more than 400 crashes since 2014 including more than 100 in Texas. Months later, as we continued to track and collect data, the list of crashes into, or at, medical-related sites had expanded to more than 580. The majority were caused by drivers who were either hurt, intoxicated — like at St. David's — or had pressed the wrong foot pedal. Nearly 160 of the crashes were at hospitals and almost half of those impacted the ER entrance area. In all, we identified at least two dozen deaths and hundreds of injuries. 'I think you've built the best dataset in the country right now,' said Ware Wendell, a consumer and patient advocate with Texas Watch. 'So, it definitely informed the debate here in Texas,' Wendell added. 'And, I wouldn't be surprised if it informs the debate all around the country as hospitals evaluate how they are protecting folks inside of their emergency rooms.' 'I have to credit you, Matt, and your team at KXAN, for doing the deep dive, for digging into the data. Ware Wendell, Texas Watch Map of crashes that have occurred at or into Texas hospitals since 2014. Source: Texas Department of Transportation, media reports, Storefront Safety Council. (KXAN Interactive/Dalton Huey) The Texas Hospital Association, which represents 85% of the state's acute-care hospitals and health care systems, testified against SB 660. 'Singling out hospital emergency rooms to install bollards would not prevent, based on the statistics we're aware of, the overwhelming majority of these types of accidents because they simply don't occur in hospitals,' THA General Counsel Steve Wohleb told lawmakers in March, referring to a majority of crashes occurring at business storefronts. Behind the scenes, sources tell KXAN the industry group lobbied heavily against the proposal. In a memo sent to hospitals around the state that we obtained, the THA criticized KXAN for including other medical centers in our data, not just hospitals, and, citing autonomy and cost as a factor, called the bill an 'unfunded mandate, without evidence-based support.' 'I would question that,' said Thomas Ustach with the McCue Corporation. 'What is the cost of life safety?' McCue is the same bollard-making company that allowed KXAN to watch its crash tests in Texas last year. The company has installed security barriers at dozens of hospitals across the country. The cost to secure an ER entrance, typically, is between $10,000 and $30,000, depending on how many bollards are needed, Ustach said. A single crash-rated bollard, on average, costs around $1,500-$2,000 to purchase and install, he pointed out. 'It's really not a difficult or costly fix to the problem,' Ustach said. 'So, I'm surprised that there's so much pushback against the bill.' Ustach said he's proud the crash-testing we witnessed last year could 'shine some light' — to the public and policymakers — on why, when it comes to bollards, testing and strict performance requirements are necessary. 'You can't leave it up to chance when you're talking life safety,' he added. Today, the Bernard family is in the middle of a $1 million lawsuit against St. David's for not having bollards at the time. St. David's previously said it does not comment on litigation. This isn't the first time a hospital's lack of protective barriers has been the focus of a lawsuit. In 2020, a driver lost control and drove into the patient entrance of Atlanta-based Piedmont Hospital. Several people were hit and a 55-year-old woman was killed. The lawsuit blamed the hospital for its 'failure to provide bollards or other barriers' outside of its ER. Piedmont settled for an undisclosed amount and previously did not respond to KXAN's request for comment. St. David's previously told us it installed $500,000 worth of bollards at its Austin-area hospitals after last year's deadly ER crash. However, it has repeatedly refused to say if any of those bollards are crash-rated. When asked about the bollard bill not advancing, St. David's said it 'does not have anything to add to your story.' This month, the hospital system admitted for the first time that it opposed Austin's ordinance, which passed nearly six months ago, requiring crash-rated bollards at new city hospitals. 'If these hospitals won't do it voluntarily, there must be laws to protect all families from this predictable and preventable destruction.' The Bernard Family in a statement to KXAN A spokesperson for St. David's said the opposition was due, in part, to a belief the measure 'selectively targeted healthcare facilities' based on an incident at one of its hospitals. 'Our family is very disappointed that this common sense, statewide public safety bollard bill was killed by hospital special interests,' the Bernard family told KXAN. 'We are so grateful that Austin bravely acted to pass protective bollard legislation and know this proactive law will eventually pass at the statewide level,' the family added. Former Austin City Council Member Mackenzie Kelly said she is 'incredibly proud' of the local bollard ordinance she initiated. She hopes it serves as a model for other communities. 'While I'm disappointed that SB 660 did not make it out of the House Public Health Committee this session, I remain hopeful and encouraged,' Kelly said. 'Austin led the way by acting before tragedy struck again, and I firmly believe this idea's time will come at the statewide level.' 'Protecting patients, emergency personnel, and hospital visitors should never be a partisan issue — it's a matter of life safety,' she added, saying she looks forward to supporting the measure again next session. The chair of the House Public Health Committee, Rep. Gary VanDeaver, R-New Boston, gave the bill a hearing but did not bring it back up again for a vote, allowing it to die. His office, and the Texas Hospital Association, did not respond to a request for comment. Graphic Artist Wendy Gonzalez, Director of Investigations and Innovation Josh Hinkle, Investigative Producer Dalton Huey, Investigative Photojournalist Chris Nelson and Digital Director Kate Winkle contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Texas Republicans want to block cities' gun buyback programs
Texas Republicans want to block cities' gun buyback programs

Associated Press

time6 days ago

  • General
  • Associated Press

Texas Republicans want to block cities' gun buyback programs

The Texas Senate gave preliminary approval Monday to a bill that would prevent cities or counties from holding a gun buyback program. The proposal also seeks to stop local governments from sponsoring or organizing such a program. State Sen. Bob Hall, R-Edgewood, told lawmakers Monday it was a 'necessary guardrail against misuse of local authority.' Much of the debate on House Bill 3053 focused on the often fraught relationship between local governments and the state Legislature. State Republican lawmakers have spent multiple legislative sessions reining in city councils in the state's largest metro areas, which are often run by Democrats. State Sen. Royce West, D-Dallas, asked Hall who is best to make choices for a community: the state or a city council. Hall said all levels of government have an equal role in serving the people. 'I don't agree that they always know what's best for the people just because they're closest to them,' Hall said. West said the bill usurps the authority of city council members to make decisions for their constituents. Hall said the bill is about making sure money is not wasted on things that are 'ineffective.' West called it bad policy. 'What you're doing is telling people the government closest to the people is not best for them,' West said. State Sen. Roland Gutierrez, D-San Antonio, said state lawmakers are stewards of state dollars, but not city money. 'No disrespect, but how dare you come to me and tell me what the City of San Antonio should do with their tax dollars?' Gutierrez asked. Gutierrez then listed out several recent policies pushed by Republicans — banning social media, renaming the Gulf of Mexico, and the F.U.R.R.I.E.S. Act — that he says go into big government territory. Other parts of the debate did focus on the merits of buy-back programs, which Hall called 'ineffective.' He also suggested the programs insinuate that gun ownership is illegal. State Sen. Jose Menendez, D-San Antonio, said his city and Houston have held successful gun buyback events. The voluntary program in San Antonio exchanged weapons for gift cards. 'People were happy to take something that was going unused and exchange it for something they could take care of their family with,' Menendez said. Hall responded that 'it's not the role of government to go out and buy people's guns in order for them to be able to buy their food.' State Sen. Borris Miles, D-Houston, brought up situations where people want to dispose of old firearms or collections that were left behind from deceased family members. Miles asked how people would be able to do this without buyback programs. Hall said again they could sell the guns, but Miles said the reality of the situation is more dangerous than Hall thinks. Miles said some of the people in his community would be forced to put them in the trash. 'One solution doesn't fit all,' Miles said. 'Everybody doesn't go to gun shows, everybody doesn't know how to go online or have computer access to sell a firearm.' The Senate will vote on the bill one more time before it has final approval. ___ This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.

School districts stay quiet as lawmakers push to limit when they can sue the state
School districts stay quiet as lawmakers push to limit when they can sue the state

Yahoo

time23-04-2025

  • Politics
  • Yahoo

School districts stay quiet as lawmakers push to limit when they can sue the state

The Texas Senate passed a bill last week taking aim at school district leaders who used lawsuits to halt the release of the state's school performance ratings for two consecutive years. Senate Bill 1962, which now heads to the Texas House for consideration, would make it more difficult for districts to use the courts in a similar way again, effectively taking away a tool district leaders have leaned on to push back against state changes to the ratings system they believe are unfair. Sen. Royce West, D-Dallas, tried to give district leaders a say at a hearing on the bill earlier this month: Would anyone involved with or in support of prior suits speak up? 'There's got to be someone here,' West said. But there was no one. Every witness who testified at the hearing was in support of SB 1962, frustrated that families have gone years without information on how their local schools were performing. In backdoor conversations with lawmakers, superintendents have conveyed their fears that the bill would limit their ability to defend what they think is best for them and give the head of the state education agency unchecked power to change school performance rules. 'What we believe was a check and balance now doesn't exist,' said Gabriel Zamora, the superintendent of the Fort Stockton Independent School District, which joined both lawsuits. 'They don't want people who are going to come against the grain, even if we're trying to do the right thing. Instead, what they want is yes-men and people who are just going to kick the can down the road." The Texas Tribune spoke to seven school leaders who criticized the proposed legislation but said they declined to testify against it because of what they described as a growing hostility among Republican lawmakers, particularly in the Senate, toward public education. Many of the school leaders interviewed by the Tribune asked not to be identified out of fear of turning their school districts into a target. It is illustrative of the more muted attitude schools are taking toward advocacy at a time when they worry any misstep could compromise some of the gains they hope to make around school funding this legislative session. The state's school accountability ratings, calculated by the Texas Education Agency, provide Texans a simplified and critical look at schools' performance. Many parents consult them when making choices about where to enroll their kids, and businesses can use them to assess what communities to invest in. The TEA grades school districts and individual campuses on an A-F scale based on metrics like students' standardized test scores and their preparedness for life after high school. But for two years, a pair of lawsuits from districts across the state have blocked the release of ratings. In 2023, more than 120 school districts argued that the TEA did not give them adequate notice before rolling out stricter college and career readiness benchmarks for their A-F ratings. They said the agency had applied the new standards to evaluate students who had already graduated, which meant districts did not get a chance to come up with additional measures to meet the new goalposts. Last year, about 30 districts sued again to block the ratings, this time saying a third party should have verified the new computer grading system used to calculate STAAR test scores, another big metric that affects ratings. Superintendents who joined in on the lawsuits say they support a statewide ratings system that holds districts accountable and agreed that the standards for the accountability system should be updated periodically. But they sued, they said, because TEA Commissioner Mike Morath had broken state education rules. Texas lawmakers have not been impressed. Sen. Paul Bettencourt, R-Houston, accused the school districts of 'hiding behind lawsuits' to 'shield failure' of their poor ratings. Bettencourt filed SB 1962 to send a message to those districts: The lawsuits must end. 'I'm frustrated and really disappointed in these 100 school districts … or the 30 that did it two years in a row,' Bettencourt said. 'No offense, you jump on the state twice, I consider that lawfare.' SB 1962 would impose restrictions on how school districts pay their attorneys' fees for suits related to their performance ratings. Those that sue would open the door to increased TEA oversight. The bill would also change state standardized testing to move away from the long-criticized, end-of-the-year STAAR test and replace it with shorter exams. The House has a nearly identical bill, House Bill 4, but the lower chamber has not advanced it. Texas' 15th Court of Appeals recently permitted TEA to release the 2023 ratings, ruling that Morath did not overstep his authority when he changed the scoring metrics. Parents will be able to see their districts' 2023 ratings on Thursday. In a rare move, a top jurist used the ruling to weigh in on the legislation. Chief Justice Scott Brister nodded to HB 4, saying he 'shared' the Legislature's frustrations. 'This bill may or may not pass, but it illustrates a truth that courts too often forget: if current laws are not followed, the Legislature may enact more drastic ones,' Brister wrote in a court opinion. 'I would make it the law in our statewide district that lower courts should not entertain disputes about school performance ratings.' The seven superintendents the Tribune spoke to represent big and small school districts across rural, suburban and urban regions of the state. The superintendents said SB 1962 would erect so many barriers for districts wanting to challenge performance ratings that legal action would become largely unviable. For example, districts that sue would risk having TEA appoint a conservator to oversee district operations. In extreme cases, a conservator could replace school board members or superintendents who do not follow their directives. The superintendents worry that the bill, along with the appeals court ruling, would translate into unrestricted power for the TEA commissioner when creating rules and regulations around the schools' rating system. One superintendent from a suburban district worried the commissioner's growing authority means anyone in that position could make unchecked, politically motivated decisions. 'There's no protection from it becoming political. It puts a lot of power into a non-elected official role,' said the suburban district superintendent, who spoke on the condition of anonymity out of fear of putting his district in state officials' crosshairs. 'It basically makes the commissioner king.' The TEA commissioner is appointed by the governor. SB 1962 'is an overstep by the legislative process to take away checks and balances,' said a superintendent of a rural school district, who also spoke on the condition of anonymity out of fear of retaliation. 'That is fundamental to our democracy.' The rural superintendent said the expansion of TEA's authority would come at the expense of local school board officials and school superintendents, who usually enjoy broad independence to make their own regulations. He called it an ironic shift in power in a GOP-led state since limited government has long been a key conservative principle. Lawmakers and the justices on the 15th Court of Appeals have said school districts should have input on how performance ratings are calculated, but insist that input should be provided through administrative, internal appeals processes. A TEA spokesperson said districts involved in the lawsuit deliberately chose not to use the agency's appeals process. The spokesperson also said the agency communicated to them as early as January 2023 that changes to the ratings system would be coming. Bruce Gearing, the superintendent of Leander ISD, said he was not a 'big believer in lawsuits.' Leander and about 200 other districts first raised their concerns in a letter to Morath about the changes to the ratings system standards, but they didn't feel like they got adequate relief from TEA. Individual district leaders also tried and failed to get the commissioner to respond to their concerns informally in closed-door cabinet meetings, he said. Joining the lawsuit was a last resort, Gearing said. 'We met a dead end every time,' he said. 'We had no recourse to any other mechanism, other than challenging the state through a lawsuit. We had no choice.' The school leaders said they did not testify against the bill because they feel senators have not seriously considered their input for years. They described a hostile climate toward them that reflects a broader, growing skepticism of public schools. Since the pandemic, public schools have faced criticism from conservative groups and some families over health restrictions and the way children are taught about sex and race. Schools have gone for years without a significant increase to their base funding at a time when inflation has sent some of their costs skyrocketing, leading many districts to adopt deficit budgets. Last session, Gov. Greg Abbott refused to approve a boost to districts' base funding as school vouchers, his top legislative priority in recent years, failed to advance through the Legislature last session. His office has argued that Texas' public school funding is at an all-time high and accused some school districts of spending it on 'administrative bloat.' A Tribune analysis recently found the state's share of the funds that schools receive per student significantly decreased in the last decade until recently. Many superintendents said they did not feel like their testimony would affect senators' votes or their willingness to amend the bill's language. 'The political climate does not seem to be welcoming. At some point you kind of see the writing on the wall,' one superintendent said. 'We have districts to run. We're trying to get ready for STAAR. We need to be here for our districts and our students.' School leaders have focused their efforts elsewhere. They say they have had closed-door conversations with House lawmakers, whom they are now counting on to advocate for changes to SB 1962. Public school leaders in general have opted to take a less combative approach to their advocacy this year, a shift from previous sessions. Last month, House Democrats criticized school leaders for not being more aggressive about their funding needs. School leaders say they don't want to risk the gains they hope to make this year or put a target on their backs. On the same day the Senate approved SB 1962 last week, the House passed an $8 billion piece of legislation that would increase teacher pay and make new investments in special education. If this year's legislative session ends with them securing more funds for schools in exchange for some of their local power, they said that's a concession they have to be willing to make. Tickets are on sale now for the 15th annual Texas Tribune Festival, Texas' breakout ideas and politics event happening Nov. 13–15 in downtown Austin. Get tickets before May 1 and save big! TribFest 2025 is presented by JPMorganChase.

Texas Senate could give final approval this week to bill giving students taxpayer money to attend private school
Texas Senate could give final approval this week to bill giving students taxpayer money to attend private school

CBS News

time21-04-2025

  • Politics
  • CBS News

Texas Senate could give final approval this week to bill giving students taxpayer money to attend private school

The Texas Senate will likely pass the controversial school choice bill this week. It was approved nearly one week ago by the House in a historic vote . While it was the first time the House gave the green light to a bill that will give taxpayer money to students to attend private school, the Senate has approved similar legislation multiple times, including earlier this year by a margin of 19-12 . One Republican joined all the Democrats to oppose the measure. The Senate will now likely have the same outcome when they vote again as early as Wednesday. On Friday, Lt. Patrick and Senate Education Committee Chairman Brandon Creighton, R-Conroe, announced they are recommending to Senators that they pass the bill again as is, without making any additional changes. This keeps the legislation from being returned to the House and on a quick path to the Governor's desk. Democrats, including Senator Royce West of Dallas, said there's nothing they can do now to block Republicans in the Senate from passing it. "It pretty much is a done deal. The fact is, the Governor was able to get his votes," State Senator Royce West, D-Dallas, a member of the Senate K-16 Education Committee, told CBS News Texas Monday. "I would say to those who have bemoaned this bill, they should have voted, and we wouldn't be here. But we're here now. The question is, what do we do now with this new sort of choice that we have in the State of Texas?" Republicans have been celebrating the House vote. "I think it's a very positive thing," State Senator Brent Hagenbuch, R-Denton, said. "I think it looks like we're going to pass school of choice. Finally, after many years, I think of the effort of a lot of people. I think it's what the people of my district want, and the people of Texas want. So, I think it's a wonderful thing." Republicans said the bill prioritizes low-income students and those with disabilities. Democrats said they believe at the end of the day, most of the students who take part in the program will be wealthier students who attend private school now. As part of the $1 billion bill, most students who attend an accredited private school will receive $10,000 per year. Students with disabilities will receive up to $30,000 per year, and home-schooled students will get $2,000 a year. Last week, the Texas House also passed a school funding bill , which, when paired with other measures, will infuse $9 billion in new money for public schools. Both Senators Hagenbuch and West praise the bills. The Senate has already passed school funding bills, but will also soon consider the legislation passed by the House. Watch Eye On Politics at 7:30 Sunday morning on CBS News Texas on air and streaming

Texas Senate passes bill to help child support families
Texas Senate passes bill to help child support families

Yahoo

time11-04-2025

  • Politics
  • Yahoo

Texas Senate passes bill to help child support families

AUSTIN (KXAN) — Legislation that would modernize administrative processes in child support cases passed the Texas Senate this week. Senate Bill 1403 would allow the Texas Office of the Attorney General to expedite procedures and provide 'clarity that reduces unnecessary delays in delivering child support services to Texas families,' according to the bill analysis. The legislation comes after a KXAN investigation highlighted that Texas parents are owed billions of dollars in child support and the challenges of tracking down delinquent payments. If passed, the legislation authorizes the use of e-mail in administrative processes and requires brochures published by the agency to be accessible on the OAG's website so that relevant information is readily available to families. WATCH: Central Texas mom awaits nearly $40K in child support. Parents owed $21B statewide Sen. Royce West, D-Dallas, authored the bill, which would also clarify the proper method of requesting parental locate information from the OAG and allows the agency to stop enforcement measures for a person in jail for an act of family violence committed against the child. West's office said the legislation is meant to clean up various technical issues the OAG and families have experienced over the last two years related to filings and notices. 'We have expedited process rules that we have to follow in terms of time frames and getting cases resolved. And so, this helps us to meet those and be a more efficient agency,' Joel Rogers, with the Office of the Attorney General's Child Support Division, said during a March Senate hearing. The bill will head to the House committee next for a public hearing before being sent to the full House for a vote. The Speaker of the House assigned similar legislation, House Bill 4034, authored by Rep. Harold V. Dutton Jr., D-Houston, to a judiciary and civil jurisprudence subcommittee in late March. The legislation was left pending in the subcommittee on Monday. Another bill making its way through the process, Senate Bill 1404, would authorize a court clerk to send legal documents and notices to an email address using the state's electronic filing system. The legislation passed the Senate on Thursday. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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