BG Reads | News You Need to Know (March 11, 2021)

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[BINGHAM GROUP]

[MEETING/HEARINGS]

  • Austin Council Work Session (3.23.2021 @9AM)

  • Austin Council Voting Session (3.25.2021 @10AM)

  • 2021 Council Calendar

[THE 87TH TEXAS LEGISLATURE]


[AUSTIN METRO NEWS]

Texas Attorney General Ken Paxton threatened to sue Austin over mask mandate. The city isn't backing down. (Texas Tribune)

Texas Attorney General Ken Paxton threatened to sue Travis County and the City of Austin if officials don't back down on local orders that continue to require masks despite Gov. Greg Abbott ending the statewide mask mandate on Wednesday.

Austin and Travis County public health leaders recently announced they would continue to require masks, even though Abbott forbade local authorities from superseding his order. County judges can order COVID-19 restrictions if hospitalizations from the virus rise above 15% of the bed capacity in that hospital region for seven straight days.

Violating the city's public health order would be a Class C misdemeanor, but the city planned to continue to only enforce "the most egregious cases," Austin Mayor Steve Adler said in a video message posted late Tuesday before Paxton's announcement.

“The decision to require masks or otherwise impose COVID-19-related operating limits is expressly reserved to private businesses on their own premises. It does not rest with jurisdictions like the city of Austin or Travis County or their local health authorities,” Paxton wrote in a statement Wednesday. “We have already taken you to court under similar circumstances. You lost. If you continue to flout the law in this manner, we’ll take you to court again and you will lose again.”

Paxton gave local authorities until 6 p.m. to come into compliance with the governor’s order, rescind local COVID-19 mandates and retract related public statements. The order stated it would "supersede any conflicting order issued by local officials."

“Otherwise, on behalf of the state of Texas,” Paxton wrote, “I will sue you.”

Neither the city nor the county is backing down.

“I listen to doctors, not to politicians like our attorney general,” Travis County Judge Andy Brown said in an interview, explaining that that is the message he hopes his residents receive. "It's not the time to take our masks off."

Brown said the continued mask mandate comes from the county's public health authority — not from his emergency powers due to the pandemic. Under that interpretation, he says the county should be legally able to require masks. The discussion to remove a mask mandate shouldn't begin until 80% of the county is vaccinated, Brown said. It's currently at 9%, he said.

"We will fight Gov. Abbott and Attorney General Paxton’s assault against doctors and data for as long as we possibly can," Adler said in a statement… (LINK TO STORY)

LINK TO AG LETTER TO CITY OF AUSTIN / TRAVIS COUNTY


'A real easy decision': Austin businesses plan to continue requiring face coverings despite lifting of state mask mandate (Community Impact)

Although Austin and Travis County plan to continue enforcement of local mask mandates, March 10 marks the first day that Texans are no longer required by state law to wear masks to combat COVID-19. According to the state orders made by Gov. Greg Abbott on March 2, Texans can choose not to wear masks in public, and businesses and restaurants can all open at 100% capacity.

A survey of Texas restaurants showed that 70% will continue to require at least their employees to wear masks to work, according to the Texas Restaurant Association.

After Abbott announced the mask order would be lifted, Nervous Charlie’s bagel shop in Austin took to social media to share that the restaurant would continue to require masks. On Facebook, the business said that it does not plan to change safety measures any time soon.

“For us it was a real easy decision,” Nervous Charlie's co-owner Chris Cunningham told Community Impact Newspaper. “In March last year we switched to a to-go-only model that has been working, and our dining room has been completely closed. When the governor lifted the mask mandate, we knew we were not going to be changing anything at all.”

Cunningham said that with less than 10% of Texans fully vaccinated and without his staff being eligible to receive vaccines themselves, he was uncomfortable making any changes to the safety practices that have been in place.

“We’re not ready to open up the dining room, especially given the current state of Texas where there hasn’t been a big change in terms of people being vaccinated yet,” he said. “More importantly, our staff still hasn’t had the ability to get vaccinated. Until essential workers in the service industry get into the vaccination phase, I don’t think we’d consider opening up our dining room. We need to keep our staff safe.”

More than 30 local music venues and businesses have joined in solidarity to form the Safe In Sound initiative, which promotes safe practices at participating businesses that are choosing to continue requiring masks in Austin.

According to a news release announcing the initiative, businesses will continue accommodating social distancing, requiring staff and customers to wear face coverings, and committing to sanitation practices and making hand sanitizer available.

“After hearing from countless workers about the new level of fear that this new mandate has instilled upon those who work and perform within the [Red River Cultural District], I refuse to stand by and not stand up for what I, and many others like me, believe to be right,” said Cody Cowan, Red River Cultural District executive director, in the release. “We hope that these collective actions send a strong message to the public that although we want to reopen, we will only do so in a manner that provides a safe environment for all.”… (LINK TO STORY)


Round Rock joins Austin in requiring masks despite Texas order (KVUE)

Round Rock has announced on March 10 that its local ordinance requiring masks will remain in effect through most of April. This comes on the same day that the State of Texas' mask mandate is lifted.

The Round Rock City Council first approved the emergency mask ordinance on June 29, 2020, and the order has been extended through April 29. The ordinance states that all residents must wear face coverings when inside a business or other public building where it is difficult to keep six feet apart from others. It also mandates that Round Rock residents must wear masks when outside with a group of people that can't remain six feet apart. 

The City of Round Rock said this was an emergency ordinance, an action that does not require approval by the State of Texas, and "as such is outside the scope of the Governor's orders related to COVID-19."… (LINK TO STORY)


‘We did the best we could’: Commissioners evaluate Austin Energy’s winter storm response (Austin Monitor)

At a special called joint meeting Monday, commissioners from the Electric Utility and Resource Management commissions praised Austin Energy’s response to last month’s winter storm that left hundreds of thousands of people without power for days. Commissioners also offered ideas on how the utility could improve if a similar scenario were to occur again.

Resource Management Commissioner Kaiba White summarized the prevailing opinion: “The mentality seems to be that we did the best we could, everybody was working super hard, and yet we all recognize that things still need to be improved upon so our community is not harmed in the way that it has been and continues to be.”

Local, state and federal bodies will be tasked with evaluating Austin Energy’s performance during the storm. The utility, for its part, will put together a detailed “after-action report” outlining what happened and what it must do better.

The power crisis began when ERCOT, the body that oversees the grid in much of Texas, ordered Austin Energy to immediately turn off a certain amount of power during the winter storm in order to prevent a catastrophic grid collapse. “When ERCOT gives a load shed directive, it is not a negotiation,” Austin Energy’s Sidney Jackson said.

The desperate move threw 220,000 of the utility’s customers into prolonged cold and darkness.

“Much of the post-event analysis will be about how effectively Austin Energy … executed (ERCOT’s) load shed directives,” Jackson said.

Austin Energy must also figure out how to minimize impacts to its customers if a similar situation happens in the future.

Commissioners suggested several solutions, including investing in large- and small-scale battery systems and backup generators, and even tapping into battery-powered Capital Metro buses to contribute to the city’s power supply during a blackout. Another solution floated was demand-side energy management – telling customers to cut power usage.

Electric Utility Commissioner Rachel Stone suggested reviewing building energy efficiency standards and regulations, noting that as some buildings lost power, especially old multifamily buildings, they lost heat faster than others, creating a more dangerous situation.

Commissioners agreed that weatherizing the utility’s power plants is a must. “Essentially all our plants had some compromise,” Jackson said. Even so, the plants fared relatively well: “They were all returned to service, what I would consider fairly promptly.”… (LINK TO STORY)


Austin FC Announces First Home and Away Matches in Club History (Austin FC)

Today, Austin FC announced three milestone matches for its inaugural season — its first-ever regular-season match, its first-ever home match, and the Club’s first regionally-televised match — all to be played against clubs that advanced to the 2020 MLS Western Conference playoffs. 

Austin FC’s historic debut match will be on Saturday, April 17, at 5:30 pm CT, against LAFC at Banc of California Stadium, played out in front of a national TV audience on Fox. 

“April 17 will represent a new chapter in Austin history, and preparations for our inaugural season are officially underway,” said Austin FC Sporting Director Claudio Reyna. 

LAFC will provide a real test for Austin’s whole team as they begin their inaugural season, boasting a prolific offense spearheaded by Carlos Vela and Diego Rossi. As a bonus, Austin FC has a budding, friendly rivalry developing between Club owner and Minister of Culture Matthew McConaughey and high-profile LAFC fan Will Ferrell. 

“I expect them to be one of the best teams in the league this year, so that's a great first test for us, to go on the road and play in that stadium,” Wolff noted. “We'll certainly be prepared, we'll certainly scout them, but in the meantime, we'll continue to develop who we are, the way we want to play and we'll be ready to play that game.”

Q2 Stadium will then play host to its first-ever MLS match on Saturday, June 19, at 8 pm CT, when Austin FC will take on the San Jose Earthquakes. The Quakes made a deep run in the MLS is Back summer 2020 tournament and secured a spot in the 2020 playoffs with a distinct man-marking defensive style and MLS all-time leading goal-scorer Chris Wondolowski. Two current Austin FC players, Nick Lima and Danny Hoesen, were part of the 2020 San Jose squad. That match will be broadcast nationally via UniMás, and regionally by Austin FC’s local market broadcast partners.

“It's exciting to have an opponent for our home game as unique as San Jose has been under [Quakes head coach Matías] Almeyda. I'll certainly talk to Danny and Nick about the nuances, but we'll prepare for that as we come into the game. I won't give it too much thought right now, but having watched the league the last couple of years, it’s a unique way of playing, and we'll have to be prepared to figure out how to deal with them.” 

That match will come after a lengthy road trip, and while most of those matches will see the team enter and leave each away destination quickly, Wolff acknowledges it’s an aspect of the season he and his staff have planned for. “It’s part of the deal,” he noted. “I think we all knew that coming into it, and I don't think we look at that as a negative. We find ways to make that a positive, and come in and prepare and compete each week.”… (LINK TO STORY)


'Economic disaster': Samsung's Austin fab still quiet three weeks after Texas freeze (Austin American-Statesman)

Weeks after it was shut down amid power outages during last month's Texas freeze, Samsung's Austin fabrication facility still has not resumed operations. The situation is likely costing the technology giant millions of dollars, industry experts said. 

Coupled with the simultaneous shutdown of NXP Semiconductors' two Austin fabrication facilities, the situation is turning into an "economic disaster for the semiconductor industry in Central Texas," said Ed Latson, executive director of the Austin Regional Manufacturers Association.

Samsung, which is the biggest electricity user on Austin Energy power grid, and NXP were among several large industrial power users that were ordered to shut down their Austin operations the week of Feb.15. 

Power was restored to Samsung's facility on Feb. 20, but the company confirmed it has not yet resumed work at its Austin fab.

"While we are currently making efforts to resume operations as soon as possible, the process may require more time to reach normal levels as we inspect and reconfigure the facility,"  Samsung spokeswoman Michele Glaze said. "Our primary focus is to ensure safety on-site for our workforce as well as our community."

In February, a consortium that negotiates with Austin Energy on behalf of the city's biggest users of electricity confirmed that the city had ordered the companies to idle or shut down as more than 180 power-generating plants failed across the state, bringing the Texas power grid close to collapse. The plant shutdowns came as many Austin homes were without power and residents were dealing with potentially dangerous conditions…(LINK TO STORY)


[TEXAS NEWS]

Texans 50 and older will be eligible for a COVID-19 vaccine starting March 15 (Texas Tribune)

Texans age 50 and older will be eligible to receive the COVID-19 vaccine beginning March 15, state health officials announced Wednesday.

“Expanding to ages 50 to 64 will continue the state’s priorities of protecting those at the greatest risk of severe outcomes and preserving the state’s health care system,” said Imelda Garcia, Department of State Health Services associate commissioner for laboratory and infectious disease services and chair of the Expert Vaccine Allocation Panel.

The move to expand eligibility to a new category of Texans — labeled 1C — means that vaccine availability is ramping up across the state. However, appointments may continue to be hard to find, as the number of eligible recipients outnumbers the vaccine supply. Before the Wednesday announcement, between 10 million and 13 million people — more than one-third of Texas’ population — were already eligible, according to state health officials.

Previously, doses of the vaccine were limited to front-line health care workers, long-term care residents and staff, people 65 year old and older or at least 16 with a qualifying health condition. Last week, teachers and child care workers also became eligible, after President Joe Biden's administration directed states to prioritize school employees.

To date, nearly 7 million doses of the vaccine have been administered across Texas and more than 4.5 million people have received at least one dose, according to state data. In total, about 8.5% of the Texas population has been fully vaccinated.

In recent weeks, service workers, including grocery store and restaurant staff, have been advocating to be included in the next round of eligibility after spending nearly a year on the front lines of the pandemic.

Claudia Zapata, representative for the ATX Restaurant Organizing Project, said in a statement that she is “disappointed and angry but not surprised” that service workers were not given priority access to the vaccine… (LINK TO STORY)


Texas' big plan for closing the digital divide: at-home broadband internet for every student (San Antonio Express-News)

After buying more than 4.5 million computers and hotspots for students over the last several months, Texas education officials have a new goal: making free at-home internet available to every public school student beyond the pandemic. The ambitious target, laid out in interviews and statements by education leaders, suggests Texas plans to ride momentum building across the nation to close the so-called digital divide. The issue has come into stark view as many students shifted to online-only classes when the novel coronavirus began sweeping the country last March.

While many details of the state’s plans remain in the works, Texas Education Agency officials said they are building new systems, negotiating with internet service providers and starting to work with legislators to provide at-home broadband to more than 1 million students who currently lack access. State leaders hope to begin connecting some children and families as early as August.

“It’s totally doable, and the fact that Texas is talking about it is amazing,” said Evan Marwell, the founder and CEO of EducationSuperHighway, a national nonprofit working to improve at-home technology access for students. “This is a unique opportunity that we have never had before. If we don’t capitalize on it, my suspicion is we’ll never have it again.”

The plan would require hundreds of millions of dollars in local, state and federal funds each year — an investment that Texas legislators and members of Congress have not made in the past. School districts also would have to shoulder greater responsibility for students’ internet service needs. The payoff, however, could prove monumental for children and their families… (LINK TO STORY)


Appeals court keeps San Antonio's paid sick leave ordinance on hold (San Antonio Express-News)

San Antonio’s paid sick leave ordinance has suffered yet another setback. The Texas 4th Court of Appeals on Wednesday shot down a move by San Antonio officials to implement the ordinance while a coalition of local firms and business groups try to have the law struck down. The ordinance, which has been on hold more than a year, will stay on hold while the lawsuit makes its way through the legal system. But in the course of its action Wednesday, the three-judge panel made clear it believes the ordinance is unconstitutional.

The law, now called the “safe and sick leave” ordinance, requires employers citywide to give their workers paid time off if they’re sick. The ordinance had been scheduled to take effect in December 2019, providing paid sick leave to an estimated 354,000 workers who don’t get the benefit, but its implementation was blocked by a lower court.

The business coalition, which includes San Antonio Manufacturers Association and San Antonio Restaurant Association, argued that the ordinance flouts the state constitution by requiring employers to do more than the state’s minimum wage law requires. State law supersedes local efforts to legislate on matters of employment, the coalition argued in a lawsuit. In an attempt to counter that argument, attorneys for San Antonio added language throughout the ordinance stating that paid sick leave is a benefit, not a wage. The appeals court didn’t buy the city’s argument. In the ruling, Justice Patricia Alvarez wrote the Texas Minimum Wage Act “supersedes” the local ordinance, “which makes the (ordinance) unconstitutional.”… (LINK TO STORY)


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