Austin, TX — On March 10, 2022, the Texas Tribune reported that employees of The Refuge, a state-contracted facility located in Bastrop, TX, charged with caring for female foster children who are victims of sex trafficking, were found to be abusing and trafficking the same children in their care. Reports allege that multiple children suffered from sexual and physical abuse, neglectful supervision, and medical neglect.

According to the article, an employee of the Refuge originally reported the abuse to the Texas Department of Family and Protective Services on January 24, 2022, but the children were not removed until five weeks later.

Senator Hinojosa issued the following statement:

“This is infuriating and unacceptable. Our children are our most precious gift and should never undergo this type of abuse. I’m pleased the Texas Rangers will be investigating and pursuing charges against any suspect involved in this matter. However, this should not stop there. For a facility to subject already-victimized children to further abuse and trafficking is absolutely repulsive, especially after the Legislature has dedicated nearly $120 million over the past two session for prevention, investigation, and prosecution of these very activities. We must have a legislative hearing at the appropriate time to discuss this issue, hold those responsible to account, and work to prevent this from happening again.”

Austin, TX — Today, Lieutenant Governor Dan Patrick appointed Senator Juan “Chuy” Hinojosa to the newly created Border Security Committee. The committee will oversee the funding and policies of Texas’ effort to secure the Texas-Mexico border. The members of the committee will work closely with Governor Greg Abbott’s office, the Texas Department of Public Safety (DPS), the Texas National Guard and other state agencies.

Senator Hinojosa offered the following statement regarding his appointment:

“I appreciate Lt. Governor Dan Patrick appointing me to the Border Security Committee. It is important to have someone on the Committee from the border who understands the challenges we are facing. As a lifelong border resident, I am proud of our border communities, culture, thriving economy, and proximity to Texas’ number one trading partner, Mexico. However, we cannot ignore the challenges we face along the border such as human trafficking, stash houses, drug smuggling, damages done to fences along our ranches and farms by smugglers, and the large number of immigrants seeking asylum in our border cities that stretch public, private, and non-profit resources to the limit. Responding to these challenges requires cooperation, coordination, and consultation between our local, state, and federal partners to work together to keep our communities safe.

For these reasons, I have supported funding and legislation that strengthens our border security efforts without harming our businesses, our relations with Mexico, and that allows our region to continue to thrive. While this is a federal issue, we the state, cannot turn a blind eye to the federal government’s inadequate response. As a state, we cannot just throw up our hands and give up and ignore the problem. It is also our responsibility to protect our communities.

I do not support open borders. As a nation we have the right to define and defend our border. A country that fails to secure its border ceases to be a nation. We also have the right to know who comes into our country to keep our communities safe. I look forward to working with Lt. Governor Patrick, Chairman Brian Birdwell, Chairman Bob Hall, the Governor’s office and our state agencies to provide oversight of our border security funding and monitor implementation of our policies.”

Senator Hinojosa, while vice chair of the Senate Finance Committee from 2009 to 2020, was instrumental in securing the following border security items for South Texas:

• Created the Texas Transnational Intelligence Center (TTIC) & the Texas Anti-Gang (TAG) Center in McAllen.
• Established the Regional Center for Public Safety Excellence at South Texas College.
• Created a Texas Ranger Company focused on border crimes.
• Enhanced funding for the Border Prosecution Grant Program.
• Provided Funding for Local Law Enforcement Agencies for border security efforts.
• Worked with TABC to establish the Special Investigation Unit to combat human trafficking and money laundering along the border and in our state.
• Built and expanded a hangar at the Edinburg airport to stage border security equipment.
• Millions in funding for law enforcement equipment: Pilatus aircraft; Marine vessels; Helicopters.

An ongoing federal investigation has recently revealed that energy savings performance contracts (ESPCs) were being used to make kickback and bribe payments to local elected officials in western Hidalgo County. The wide-ranging investigation involves Performance Services Inc. (“PSI”), an Indiana-based company that convinced these local governments to borrow millions for “energy savings” projects. The investigation came to light after five local governments and more than a dozen public officials or companies affiliated with them received federal grand jury subpoenas in May 2021. As the FBI continues its investigation, federal prosecutors already secured the conviction of a La Joya ISD trustee who admitted to receiving more than $234,000 in kickbacks.

ESPCs have been abused in other ways. This past session, I passed House Bill 3583 that begins to address the misuse of ESPCs. Recently, there have been instances where local governments used ESPCs as a back door for no-bid contracts to circumvent procurement statutes related to public works projects. ESPCs were being inappropriately expanded beyond their original scope to build unrelated facilities and structures.

Understanding this type of procurement misuse requires some background of how ESPCs are formed. Often times, the idea of using an ESPC comes from construction contractors or service companies with the pitch to local officials that they are losing thousands of dollars in energy costs and that the solution is an ESPC. Although ESPCs are often thought of as a financing mechanism, ESPCs are more accurately characterized as a construction procurement method for energy, water, renewables, and resilient capital improvement projects that are paid for using money saved from improved energy efficiency and reduced operating expenses. Local governments obtain the services of companies like PSI using the same procurement method for the professional services of architects and engineers. State law prohibits the use of the more comprehensive procurement method used for construction projects which provides more regulation of bidding and transparency. This law, as it relates to ESPCs, needs to be changed.

The cost of ESPCs can be increased by millions of dollars by simply executing a “change order” proposed by the contractor. What starts out as a defined, narrowly focused ESPC project to address certain facilities may soon grow into a proposal through a change order to overhaul heating, ventilation, and air conditioning (HVAC) systems, lighting, plumbing, and water systems. Expanded project scope increases will result in an even larger financial burden to taxpayers if the promised savings fail to materialize.

HB 3583 partially addresses this problem. HB 3583 prohibits certain change orders to ESPCs and specifies that ESPCs do not include the design or new construction of certain water projects. The new prohibitions apply to counties, cities, and other political subdivisions of this state; but not to school districts. ESPCs were never intended to open the door to accruing massive public debt under the auspices of energy savings and undermining transparency and competition.

In practice, ESPCs may be based on “too good to be true” guarantees that fail to deliver the promised savings, leaving taxpayers on the hook for expensive construction-related projects. Government entities commonly enter into lease-purchase agreements (“LPAs”) with the service company to finance the upfront costs of the ESPC. LPAs create a problem because LPAs are also a debt instrument that does not require an election seeking taxpayer approval. Entities can often avoid voter referendums by treating LPAs as “off-balance sheet” transactions if the LPA includes the right clauses. PSI has contracts with the City of Mission in 2021, La Joya ISD in 2017, and Agua SUD in 2018. La Joya agreed to borrow a total of $44 million for their two-phase project, Mission agreed to borrow nearly $17.3 million for their project, and Agua SUD’s ESPC project reached $11.5 million.

Considering the FBI’s ongoing investigation, I will continue to study the procurement method of ESPCs and the lack of oversight of local governments and school districts using ESPCs. Unlike ESPCs for state agencies and institutions of higher education, there is no state agency providing guidelines and approving contracts to verify that ESPCs contain the required amount of guaranteed savings. I will also look into extending the change order limitations established under HB 3583 to school districts. Eliminating this loophole, which poses significant financial and operational risk, should be applicable to all governmental entities.

AUSTIN, TX — Today, State Senator Juan “Chuy” Hinojosa was awarded the Mayor Leo “Polo “Palacios Service Award at the City of Pharr’s 2022 State of the City held at the newly built Natatorium in Pharr.

The Mayor Leo “Polo “Palacios Service Award is awarded annually at each State of the City Addresses to an individual, who like Mayor Palacios did for many years, carries the torch of service, leadership, and pride for the Pharr community. This year, Senator Hinojosa and State Representative Terry Canales were recognized as the co-recipients of the award for their work during the 2021 legislative session. Mayor Hernandez recognized them as two champions of the Texas Legislature who were instrumental in stewarding transportation issues that were of significant importance to the Pharr International Bridge.

Senator Hinojosa released the following statement:

“I am honored and humbled to be the recipient of the Mayor Leo “Polo” Palacios Award for Service, Leadership, and Pride. Mayor Polo Palacios was a longtime public servant, and as Mayor of the City of Pharr, paved the way for many of today’s accomplishments.

I appreciate Mayor Ambrosio Hernandez and the City Commission for recognizing the work and the legislation Chairman Terry Canales and I passed during the 2021 legislative session that will benefit the residents of the City of Pharr. Being successful during the legislative session requires teamwork, communication, and quite frankly, the right issues that need to be addressed. Mayor Hernandez and his team brought two important issues to our attention that would benefit the Pharr International Bridge and we passed legislation to get it done.

The City of Pharr has become one of the most innovative cities in South Texas due to the leadership of Mayor Hernandez and the City Commission, the work of their staff, and the support of many Pharr community leaders. They are leading in providing broadband internet at an affordable rate; leading in imports and exports of produce; investing in health care infrastructure and services; investing in parks and projects like the natatorium; and, due to their advocacy and support, the Pharr Interchange is being reconstructed to reduce congestion. All these projects improve and enhance the quality of life for the citizens of Pharr. I’m honored to share this award with Chairman Canales and look forward to continue passing legislation that benefits our South Texas communities.”

Legislation from the 2021 Regular Legislative Session

Senate Bill 1334 gives city and county owned toll bridges another funding tool to invest in their port of entry infrastructure. Before the passage of this bill, cities and counties were not permitted to issue bonds to invest in facilities, technology, or other infrastructure to donate to the federal government for port improvements. Now, this can be done.

Senate Bill 2243 updates the state permitting process for existing international bridges. This update in law not only allowed the City of Pharr to expedite the expansion of its bridge, it also saved the City over half a million dollars by aligning the state process with the federal process.

AUSTIN, TX — Today, Governor Greg Abbott announced that the City of Corpus Christi has been awarded a $800,000 Defense Economic Adjustment Assistance Grant (DEAAG) for the Clear Zone Easement to support the Naval Air Station Corpus Christi (NASCC). Senator Juan “Chuy” Hinojosa has been a longtime advocate for these grants. During the 2021 legislative session he supported the appropriation of $30 million for grants to military defense communities.

“These grants are critical to our military installations and allows them to build up their infrastructure, to increase the military value of their base, and help avoid a potential BRAC closure,” said Senator Hinojosa. He added, “This grant will be used to acquire the final piece of Clear Zone property for the NOLF Cabaniss Field not currently owned or controlled by the Navy. NOLF Cabaniss Field is the only multi-engine training airfield for primary flight training in the entire U.S. Navy. By obtaining this easement, NASCC will be able to carry out this essential mission and ensure incompatible development does not hinder that mission in any way.”

The City of Corpus Christi applied for the grant in November 2021 and included a letter of support from Senator Hinojosa. The project is an important part of the continuing partnership between the City and the Navy to protect Clear Zones and Accident Potential Zones from encroachments by residential, commercial, or other incompatible developments.

“I am pleased the Texas Military Preparedness Commission recognized the importance of providing these funds to Naval Air Station Corpus Christi,” said Senator Hinojosa. He also added, “I appreciate the leadership of the City of Corpus Christi for working with the U.S. Navy and submitting the application requesting DEAAG funds. I am committed to continue working to protect the mission of our Texas military installations.”

Today, across Texas and the United States of America, we celebrate Law Enforcement Appreciation Day. It is a day to honor the brave law enforcement officers who serve and protect our communities. To many of us, they are our partners or spouses, sons or daughters, brothers or sisters, or friends. They go out in the front lines every day to protect our communities, sacrificing their lives to keep our families safe.

Our law enforcement men and women risk their lives on a daily basis. There is no routine traffic stop or routine response to a call for help. We thank our officers for keeping us safe and patrolling our neighborhoods, streets, and highways day and night. We thank their families for the sacrifice they have to make and for their suffering, pain, and heartache when their loved one does not come home. Actions speak louder than words and this past session, the Texas Legislature kept its promise in ensuring law enforcement has the resources they need to do their jobs.

Funding to keep our communities safe and providing law enforcement with the tools and resources needed was one of our priorities this past session. The state budget included $22 million for DPS to equip their vehicles with bullet resistant windshields and $10 million for bullet resistant personal body armor. We appropriated $15 million for grants to local law enforcement agencies to establish a body-worn camera program. The budget also included $200,000 for the Peace Officer Mental Health Program; $15 million for border prosecution grants; $10.2 million in grants for local border security; and $7.9 million for the anti-gang activities, among others.

This past session the Legislature established COVID-19 as a presumptive illness for first responders who die from or are disabled by complications related to the virus. This will simplify the process of obtaining benefits, compensation, and assistance. The state also now requires that certain first responders be provided all employee benefits and compensation if they are ordered to quarantine or isolate due to a possible or known on-duty exposure to a communicable disease.

To prepare Texas peace officers for the incredible amount of responsibility and complexity that comes with their career, the state must provide robust and effective training and the resources necessary to adequately train new officers. H.B. 3712 requires the basic training course to include training on the prohibition against using certain neck restraints like chokeholds, an officer’s duty to intervene and stop or prevent another officer from using excessive force against a suspect, and an officer’s duty to request emergency medical services personnel and provide first aid or treatment in certain circumstances.

To protect both citizens and the law enforcement community, we passed S.B. 24 in response to the growing number unfit officers bouncing from one law enforcement agency to another following termination. This bill requires law enforcement agencies to review an applicant’s criminal history, personnel files, and prior conduct before hiring them. The hiring agency must then certify to the Texas Commission on Law Enforcement that it has reviewed the required materials. If a hiring agency fails to comply with these basic requirements, TCOLE will suspend the peace officer license of the head of the law enforcement agency.

Just as important, we focused on addressing the mental health needs of law enforcement officers. According to reports, there were 228 law enforcement officers who died by suicide in 2019, nearly double the number killed in the line of duty (132). That same year, there were 19 law enforcement suicides in Texas alone. This past session, I was pleased to co-author S.B. 64 which will create a voluntary peer-to-peer support network focused on training our officers to provide support to each other. I also supported S.B. 1359 which requires each law enforcement agency to develop and adopt a policy allowing the use of mental health leave for peace officers who experience a traumatic event while on the job.

Lastly, this past session I authored S.B. 1071 to provide totally disabled state peace officers with a monthly retirement payment based on today’s salary schedule. It is crucial that we take care of the peace officers who put their lives on the line for our families every day.

Join me on this Law Enforcement Appreciation Day, in thanking our law enforcement men and women for their service, dedication, and commitment to keep our communities and our families safe.

[Picture above: Senator Hinojosa with Trooper Danny Shown and members of the Texas Department of Public Safety Officers Association in the Senate Chamber at the Texas Capitol. Picture was taken to commemorate the passage of SB 1071.]

AUSTIN, TX — Today, the Texas Water Development Board (TWDB) approved the City of Corpus Christi’s request of $4.751 million in financial assistance from the Clean Water State Revolving Fund (CWSRF) to address the flooding of the Oso Creek. The City of Corpus Christi’s project includes planning and design of stormwater system improvements.

Oso Creek, which serves as the natural storm water conveyance for the region, extends 24 miles through the City’s limits and extraterritorial jurisdiction and terminates on the Cayo del Oso. The creek has been subjected to severe floods including four major storm events occurring in September 2010, May 2015, September 2018, and most recently July 2021. Each event resulted in flooding of several neighborhoods, including the Lakes, Kings Crossing, Sun Valley Estates, Oso Parkway, and Cedar Ridge on the north side of the creek.

For other cities, counties, or water seeking funding, the cost savings through the CWSRF can be significant. The program is a federal-state partnership that provides communities with below-market interest rate loans for a wide range of water quality infrastructure projects. As part of the $4.751 million, the City of Corpus Christi is eligible for $1,190,000 in principal forgiveness because the service area of the project qualifies as a disadvantage community under the CWSRF. The City is also saving approximately $348,614 over the life of the financing based on a 20-year maturity schedule and current interest rates.

Senator Hinojosa issued the following statement:

“I am pleased that the TWDB has approved the City of Corpus Christi’s project funding request of $4.751 million to deal with the flooding of the Oso Creek. Over the past eleven years, the Corpus Christi area has experienced higher number of extreme storms and an increase in severity. Flood mitigation is necessary for this fast-growing region. The proposal will have a positive impact on approximately 123,300 people living in the service area of the project.”

As we begin a new year, many of us are certainly making resolutions involving our health – eat better, exercise more, get more sleep, to name just a few. But often left off this list is to improve our mental health. Our brains make everything else we do possible and should be prioritized just like the rest of the body. This is especially true for our children whose brains are still rapidly developing and who are learning healthy habits that will be with them for the rest of their lives.

In normal times, children experience all forms of stress that come with “growing up.” These stresses have only been multiplied with the COVID-19 pandemic and the constant shifting sands of online, in-person, or hybrid school; cancellations of extracurricular activities; and limited interactions with their friends and family. As we navigate this new year, it is important for us to do everything we can to provide these children with the tools and resources to ensure they are able to maintain good mental health. It is also important for schools to identify students at risk of committing suicide or that can harm others to intervene as quickly as possible.

One critical tool we have is the array of resources developed through the Texas Child Mental Health Care Consortium created by legislation which I co-authored in 2019. The Consortium works through regional health institutions to close gaps in mental health care across the state. In South Texas, UTRGV was selected to serve in this role and increase access for all children in our region. In 2019, as vice chair of the Senate Finance Committee, I supported the initial appropriation of $99 million dollars for the Consortium to begin its work. This past Third Called Special Session, we appropriated an additional $113 million to ensure the resources are there for not just preserving mental health services for children but to also expand mental health initiatives for pregnant women, and women who are up to one year postpartum.

A key program created through the Consortium is the Texas Child Health Access Through Telemedicine (TCHATT) program, which provides school-based access to mental health services. This program creates or expands telemedicine and telehealth programs to identify and assess the mental health needs of at-risk children and youth where they are, school. To date, Brownsville, Corpus Christi, Hidalgo, La Joya, Lasara, McAllen, Rio Hondo, and United school districts as well as the Jubilee Academies participate in this program. This is a good start, but I encourage more school districts to join TCHATT and bring these valuable resources to more students.

Another important program created through the Consortium is the Child Psychiatry Access Network (CPAN), which consists of a network of psychiatrists that provide consultation services and training to primary care physicians throughout the state to improve care for children with behavioral health needs. So far, just short of 2,000 providers have enrolled in CPAN, a number which has been limited due to difficulties associated with COVID-19. As with TCHATT, I urge every provider to enroll in this Network so that children’s mental health issues can be spotted earlier and on a more widespread basis.

We all have a role to play in promoting good physical and mental health. As we begin a new year that is very focused on many aspects of our physical health, let’s not forget the importance of mental health for everyone, children and adult alike.

AUSTIN, TX — Yesterday, the Texas Workforce Commission (TWC) awarded a $322,680 grant to Robstown ISD from the Jobs and Education for Texans (JET) grant program. The grant will help purchase and install equipment to initially serve 60 students, providing training in the occupation of welder, cutter, solder and brazer.

The JET grant program annually provides grants for equipment to eligible education institutions to defray the costs associated with developing career and technical education programs or courses leading to a license, certificate, or post-secondary degree. JET recipients must use equipment to train students in high schools and community colleges for jobs in high-demand occupations or emerging industries.

Senator Juan “Chuy” Hinojosa has been a strong supporter of the JET program and in securing funds from the Legislature for these grants. In 2015, Senator Hinojosa authored and passed Senate Bill 1351, which transferred oversight of the JET grant program from the Texas Comptroller of Public Accounts to the TWC. The transfer helped ensure the state-funded program is a priority and bolster the TWC’s capacity-building mission to prepare Texans for today’s workforce.

Senator Hinojosa issued the following statement:

“Congratulations to Robstown ISD on receiving this $322,680 JET grant! For years, I have championed legislation and supported funding for initiatives such as the creation of the JET grant program. The grants help our students get the essential technical skills they need for a job and help put Texans back in the workforce in today’s job market. I commend the Robstown ISD administration, board of trustees, and the staff that worked to request these funds. I also appreciate the Texas Workforce Commission for their commitment to the JET program and its continued success.”

AUSTIN, TX — Today, Lt. Governor Dan Patrick appointed Sergio Contreras to the Broadband Office Board of Advisors. This Board of Advisors was created in House Bill 5 during the 2021 legislative session and is situated within the Office of the Comptroller of Public Accounts. The board of advisors will provide guidance to the State Broadband Development Office (SBDO) regarding the expansion, adoption, affordability, and use of broadband service and the programs administered by the office.

Senator Juan “Chuy” Hinojosa, co-author of the legislation to expand broadband in Texas, worked with Senator Robert Nichols, author of SB 5/HB 5 to ensure South Texas was represented in the Board of Advisors. The legislation requires that one of the Lt. Governor’s appointees be a resident of South Texas. Senator Hinojosa recommended the appointment of Sergio Contreras to Lt. Governor Dan Patrick earlier this year.

“I appreciate Lt. Governor Patrick appointing Sergio Contreras to the Broadband Office Board of Advisors,” said Senator Hinojosa. “I was pleased to recommend Sergio for an appointment to this important position. He is a lifelong resident of the Rio Grande Valley and understands the needs of our communities. Having worked for AT&T for close to 20 years, he is familiar with broadband issues and what it takes to provide this service. More importantly, he currently serves as the President/CEO of the Rio Grande Valley Partnership and knows firsthand the challenges our families and businesses face when they lack access to quality high-speed internet,” added Senator Hinojosa. “I am confident Sergio will do a great job in helping lead the expansion of broadband across Texas and in advocating for the needs of our South Texas communities,” concluded Senator Hinojosa.

The State Broadband Development Office will serve as a resource for information regarding broadband service in the state, and engage in outreach to communities regarding the expansion, adoption, and affordability of broadband services. Additionally, the SBDO will serve as an information clearinghouse regarding federal programs that provide assistance to local entities with respect to broadband service. The SBDO will also prepare a state broadband plan that establishes long-term goals for greater access to, affordability, and adoption of broadband service.