Senator Hinojosa’s Response to Rio Grande Guardian Article on Water District No. 3

AUSTIN, TEXAS — The misleading article, “Valley Farmers Send Message to State Lawmakers: Leave McAllen Area Water Districts Alone,” written by Steve Taylor and published in the Rio Grande Guardian supports the existence of Hidalgo County Water Improvement District No. 3.  This makes sense, because the author of the article stayed in a District-owned home rent free for more than 2 years.  In reality, the hit piece serves as a distraction from decades of lack of accountability, transparency, and excess spending on the part of District No. 3 that has increased the cost to McAllen taxpayers.  A State Audit on the District clearly identified that the District has “a lack of financial controls; the absence of a formal, comprehensive master plan; noncompliance with procurement requirements; and noncompliance with certain requirements of the Texas Water Code.”

90% of District No. 3 falls within the City of McAllen.  The parts that don’t fall within the City of McAllen, including the landowners who actually support the bill dissolving District No. 3, will soon be better served by the McAllen Public Utility.  It’s important to remember that one of the farmers who testified against the bill in the Senate doesn’t even own the land where he farms.  In fact, the actual owner of that land supports the bill.  I look forward to those farmers and the City of McAllen getting water with better service at a better price with better management when District 3 no longer exists.

Below are additional responses to some of the statements in the article:

First

From the article:

Asked to respond to claims by supporters of SB 2185 that most of the raw water pumped out of the Rio Grande by HCWID No. 3 goes to the City of McAllen, Jones said:

“It does serve farmers. They (HCWID No. 3) are still delivering water almost daily to farmers. And the city gets its water piggy-backed for free. The district is not charging them any conveyance from the river to the city’s pump because it is all still being carried by the farmers’ water. It takes a certain amount of water to quote, unquote, prime the pumps from the canals to get the water from the river to the city. None of that is ever deducted from the city’s account and the city is not charged extra for that because they are also pushing water all the time to the farmers.”

Senator Hinojosa’s Response:

This is false.  HCWID charges McAllen for water at a dollar amount that is 80% more than it charges any other district it serves.  The District delivers water to ONLY a handful of farmers, who will be guaranteed protection in SB 2185.  OVER 90% of the District revenue received by the District is from the City of McAllen, not through service to farmers.  Brian Jones’ statements are misleading and false.

Second:

From the article:

Reporter Steve Taylor said, “Hinojosa claimed the author of this article is not qualified to report objectively simply because I lived briefly in a property owned by the water district. In exchange for rent, I provided security for the facilities located at a high-drug and migrant traffic area on the border. This commercial agreement was simply a matter of business and does not disqualify me from providing fair journalism. Further, Hinojosa and other members of the Texas legislature consistently take cash donations from business interests to promulgate laws that help those businesses, which would definitely be a conflict under Hinojosa’s implied definition in his note to this reporter.”

Senator Hinojosa’s Response:

Steve Taylor reporter previously stated publicly that he did NOT provide security, just informally “have a pair of eyes and ears there at night” on the property: “Othal (Brand) said it would be great for the Water District to have a pair of eyes and ears there at night, in case their equipment or vehicles got stolen or vandalized,” Taylor wrote. “But, there was no formal agreement for this. I am not a security guard in my spare time.”  Source here.

Further, Steve Taylor has now changed his tune about living for free in a District-owned home.  Previously, he said “for me and my family the key thing was having a safe place to live that offered maximum protection. I put my family first.” Source here. Now he’s saying it was “simply a matter of business.”  These two inconsistencies prove that Steve Taylor should not be writing about HCWID No. 3, because he has no more credibility as a fair and unbiased reporter.

Third

From the article:

Asked to respond to Hinojosa’s claim that farmers will be protected under his legislation, Jones said: “I agree that the bill says that but once it is turned over to a non-electable board, i.e., the city commission, then what is the recourse for the farmers when all of a sudden there are no penalties or provisions, no protections for any of the farmers to say they will continue to receive Ag water? There are no provisions in there for the day that they quit delivering water to the farmers.”

Senator Hinojosa’s Response:

This is false.  The McAllen Public Utility Board is elected separately from the city commission, which is also elected.

DSHS Awards COVID-19 Vaccination Grants to Corpus Christi-Nueces County Public Health District and Hidalgo County Health Department

AUSTIN, TEXAS — This week, the Texas Department of State Health Services (DSHS) announced a recent award to the Hidalgo County Health Department of $6,771,723 to bolster COVID-19 vaccination efforts. An award was also made to the Corpus Christi-Nueces County Public Health District of $18,073,609 for the same purpose. These funds can be used to increase COVID-19 vaccination capacity across the counties, including among high-risk and underserved populations, ensure high-quality administration of the vaccine, and ensure the equitable distribution of the vaccine.

Senator Hinojosa issued the following statement:

“Our South Texas county and public health leaders have been working tirelessly to ensure all of our residents are able to get vaccinated against COVID-19. I am encouraged by this award from DSHS as it will bolster the efforts in our community to get as many vaccines to those who want them as fast as possible. This is another step in our long path back to “normal” life. I am confident that together we will achieve the level of vaccinations to make that a reality soon.”

Senator Hinojosa’s SB 1334 to Provide Additional Financing Tools to Border Bridges Sent to the Governor

AUSTIN, TEXAS — Senator Juan “Chuy” Hinojosa’s Senate Bill 1334 has now been sent to Governor Greg Abbott for final approval before becoming law. This bill will give city and county owned toll bridges another funding tool to invest in our port of entry infrastructure. The Texas-Mexico border is a key contributor to the local, regional, state, and national economies of the U.S. and Mexico. Trade between Texas and Mexico has grown rapidly, increasing by 267 percent from $58 billion in 1994 to $213 billion in 2019.

This bill was filed after City of Pharr Mayor Dr. Ambrosio Hernandez met with Senator Hinojosa requesting assistance to address concerns from the Texas Attorney General’s Office regarding their ability to permit the issuance of bonds for assets that would be donated to the federal government. Currently, cities and counties are not permitted to issue bonds to invest in facilities, technology, or other infrastructure to donate to the federal government for port improvements.

“I appreciate Mayor Ambrosio Hernandez for his leadership and for bringing this issue to my attention,” said Senator Hinojosa. “We will recover our investments and more, by growing our economy, creating new jobs, and making the movement of people and goods at our bridges more efficient. This is a common sense bill that will help cities and counties that own bridges leverage their local dollars to expedite bridge projects which will strengthen our economy and the safety of our ports of entry.”

Mayor Hernandez also commented on the passage of SB 1334. “The city of Pharr prides itself on remaining proactive and innovative when it comes to infrastructure development at the Pharr International Bridge,” said Mayor Hernandez. “The bridge now crosses 65% of the nation’s produce imported from Mexico and over $36 billion in annual trade, and I am happy to see that our state leaders recognize that it is vital to continue prioritizing infrastructure needs for our port of entry.” He also added, “Senate Bill 1334 will allow for local government entities to invest in port of entry infrastructure that can provide greater efficiency of cross-border movement of people and goods and to better accommodate future growth. Specifically, I want to thank Senator Hinojosa and Chairman Canales, who represent our South Texas region on their respective Committees on Transportation, for sponsoring this bill and getting this done for our border communities.”

This bill was sponsored in the House of Representatives by Terry Canales, Chairman of the House Transportation Committee. If approved by the Governor, Senate Bill 1334 will take effect immediately.

TWDB Approves Funding for the City of Alton from the Flood Infrastructure Fund

AUSTIN, TEXAS — Today, the Texas Water Development Board (TWDB) approved a project application from the City of Alton for financial assistance through the Flood Infrastructure Fund (FIF) for the North Stewart Boulevard Drainage Improvement Project. The proposed project will also reduce flood risk, improve roadways and travel conditions, improve water quality, and reduce infiltration and inflow to the wastewater collection system during flood events.

Following the June 2018 storms, the City experienced flooding of roadways and structures that lasted for several days—resulting in several areas receiving between 10 to 15 inches of rainfall. The City qualified for a $2.975 million grant under the FIF equal to 35 percent of the total project cost of $8.5 million. The remaining 65 percent, equal to $5.525 million will be in FIF financing. The project’s foreseen completion is July 15, 2024.

The 2019 Texas Legislature passed Senate Bill 7, which created the FIF program to provide funding for flood mitigation projects. The FIF program provides financial assistance in the form of loans with an interest rate of 0% and grants for flood control, flood mitigation, and drainage projects. As Vice Chair of the Senate Finance Committee and a co-author of Senate Bill 500 during the 86th Legislative Session, Senator Juan “Chuy” Hinojosa was instrumental in securing funding to start the FIF program through a one-time transfer of $793 million from the “Rainy Day” Fund.

Senator Juan “Chuy” Hinojosa issued the following statement:

“The City of Alton has been proactive in addressing flooding problems over the past five years by seeking funding through our state programs. I appreciate the continued efforts of Mayor Salvador Vela and the City Commissioners to improve their flood infrastructure in areas that experienced severe flooding following the June 2018 storms. I commend the City of Alton for taking advantage of this great opportunity available under the Flood Infrastructure Fund program. The City and its citizens will greatly benefit due to these investments.”

Texas Gains Two New Congressional Districts

AUSTIN, TEXAS — Today, the United States Census Bureau announced the apportionment count based on the 2020 Census. This count revealed that Texas will add two new Congressional districts due to its rapidly growing population. This means Texas will now have 38 Congressional districts. Senator Hinojosa (Vice Chair – Senate Special Committee on Redistricting) issued the following statement:

“Today’s announcement affirms what we already know – Texas is growing rapidly. This is especially true among minority communities. While we do not have the demographic breakdown of Texas’ population growth, according to the State Demographic Center minority populations account for 83.6%, or 5 out of every 6 new residents.

I am confident that when the detailed data is provided later this fall it will confirm this rapid growth in minority communities, especially the Hispanic community. I have seen this growth first hand in the Rio Grande Valley and across the state, especially in urban and suburban areas.

The bedrock principle of our democracy is that we are fairly and adequately represented by our elected representatives. As such, when the new Texas Congressional districts are drawn, those districts should be located in the areas that experienced this rapid growth. That means communities like the Rio Grande Valley and large urban areas should increase their representation. But it is not enough to just draw the new districts in these areas; these new districts must be drawn to provide a meaningful opportunity for those minority communities to elect the candidates of their choice, as required by the Voting Rights Act. I am confident that if we strictly adhere to the requirements of the Voting Rights Act, we can arrive at a Congressional map that is fair and provides all Texans a true chance of having their voice represented in the halls of Congress.”

Senator Hinojosa Files SB 2185 to Dissolve Hidalgo County Water Improvement District No. 3

AUSTIN, TEXAS — Today, Senator Juan “Chuy” Hinojosa filed Senate Bill 2185 relating to procedures for the dissolution of the Hidalgo County Water Improvement District No. 3 (District). The bill is a local bill that sets forth an option for the City of McAllen to dissolve the District and upon dissolution would take over its obligations, rights, operation and responsibilities. The bill also contains safeguards to ensure that all current customers and farmers of the District continue receiving services. Further, the bill eliminates any flat tax paid by farmers if the District is dissolved.

Senator Hinojosa released the following statement on the filing of SB 2185:

“There is no greater waste of taxpayer money than the continuation of the Hidalgo County Water Improvement District No. 3. This irrigation district was founded in 1921 to provide water to serve agricultural interests, but now serves less than 10 active farmers. Its biggest customer is the City of McAllen, nearly 150,000 in population, which accounts for almost 85% of the District’s operating revenue. The District has outlived its purpose and simply serves as an expensive middleman driving up the cost of supplying water to citizens and businesses in the City of McAllen at nearly $1.3 million per year.

The District has a long history of mismanagement, as was as identified by the State Auditor’s Office in a report published in 2012. That report found that services were provided by businesses that were owned or operated by the individual who is both general manager of the District and president of the board of directors for the District. This is a conflict of interest and should not be permitted for any governmental entity. For too many years, this individual has used the District to financially benefit his businesses at the expense of the ratepayers in the City of McAllen. This must stop.

Not much improvement has been made in management and accountability since the audit in 2011 and some of those same issues persist today. The general manager and the board of directors continue failing in their responsibility to follow procurement policies for contracts and remain inconsistent with handling matters regarding potential conflicts of interest. In 2019, the annual audit of the district again identified issues with procurement. The auditors found several purchases without written approval.

After reviewing the finances of the District, I am not surprised to learn that the expenses of the District continue to exceed the revenue. What’s more, in addition to paying for water supply, the McAllen taxpayers in 2019 paid more than $500,000 to the District for crossing fees and higher than market value for purchase of easements.

Year after year the citizens of McAllen support an obsolete, burdensome, and unnecessary layer of government. The Hidalgo County Water Improvement District No. 3 has outlived its purpose, lacks proper oversight, and is an unnecessary waste of taxpayer funds. It is time to dissolve it and transfer the operation to the City of McAllen.” 

TEXAS SENATE PASSES SENATE BILL 5 TO EXPAND BROADBAND IN TEXAS

AUSTIN, TEXAS — Today, the Texas Senate passed Senate Bill (SB) 5 by Senator Robert Nichols and co-authored by Senator Juan “Chuy” Hinojosa relating to the expansion of broadband services. According to the Governor’s Broadband Development Council 2020 Texas Report, only 67.6 percent of Texas households subscribe to fixed broadband service such as DSL, cable, or fiber at home. What’s more, Texas is one of six states that does not have a state broadband plan.

SB 5 as passed by the Senate would create the State Broadband Development Office (SBDO) and establishes a board of twelve advisors to oversee and provide guidance to the SBDO. The legislation requires one of the appointees to be a resident of South Texas. Further, the SBDO would 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.

Senator Hinojosa released the following statement on the passage of SB 5:

“Passing broadband expansion legislation is one of my priorities this session. Having access to the internet is no longer a luxury or convenience, it is a necessity. Not having access to broadband at home, prevents many from being able to telework, have access to virtual schooling, or be able to take advantage of telemedicine appointments. This bill gets us closer to ensuring all Texans have access to broadband and I appreciate that affordability is one of the goals of the State Broadband Plan. With millions of federal dollars allocated for broadband, it is important that all levels of government are working together to maximize the use of these funds as we work to connect all our communities to broadband services.”

Senate Bill 5 will now be considered by the Texas House of Representatives who also has a broadband proposal, House Bill 5. The differences between the two proposals will likely be consolidated in a conference committee before a final bill on this issue is sent to the governor’s desk.

TWDB Approves Funding for Hidalgo County Drainage District No.1 from the Flood Infrastructure Fund

AUSTIN, TEXAS — Today, the Texas Water Development Board (TWDB) approved a project application from the Hidalgo County Drainage District No.1 (“District”) for financial assistance through the Flood Infrastructure Fund (FIF) for a portion the project’s total cost. The project was approved under Category 2 of the 2020 Flood Intended Use Plan, which is designed for planning, acquisition, design, and construction activities to implement flood mitigation projects.

In recent years, Hidalgo County has experienced more frequent and intense storm events resulting in widespread flooding. The District’s Phase 1 Flood Control Project was approved for $32,670,000 in financial assistance consisting of $22,869,000 in financing and $9,801,000 in grant funds. The project will spread between Mile 9 North, Mile 15 North, FM 493, and the IBWC floodway, just north of Weslaco. The project will expand and improve the main drainage ditch, drainage ditch laterals, regional detention facilities, culvert crossings, discharge structures, and pumps to reduce frequent flooding problems and accommodate the area’s future development. The District will provide the remainder of the cost to complete the project, which is projected at $3,043,915. The projected completion date is June 30, 2024.

The 2019 Texas Legislature passed Senate Bill 7, which created the FIF program to provide funding for flood mitigation projects. The FIF program provides financial assistance in the form of loans with an interest rate of 0% and grants for flood control, flood mitigation, and drainage projects. As Vice Chair of the Senate Finance Committee and a co-author of Senate Bill 500 during the 86th Legislative Session, Senator Juan “Chuy” Hinojosa was instrumental in securing funding to start the FIF program through a one-time transfer of $793 million from the “Rainy Day” Fund.

Senator Juan “Chuy” Hinojosa issued the following statement:

The residents of Hidalgo County have experienced six flooding disaster declarations in five years resulting in damage to homes, businesses, and public infrastructure in various parts of the county. I appreciate the leadership of the Hidalgo County Drainage District No.1 for taking advantage of the Flood Infrastructure Fund program. Today’s actions by the TWDB, will reduce frequent flooding problems and accommodate the area’s rapid urbanization and future economic development.”

Senator Hinojosa Files Legislation to Mitigate the Effects of a Disaster on Public Schools

AUSTIN, TX — Yesterday, Senator Juan “Chuy” Hinojosa filed Senate Bill 1011 to ensure students, teachers, and our schools are able to safely provide instruction for our children during this and future pandemics. This bill includes some measures that were implemented on a temporary basis by the Governor, Texas Education Agency, and Congress aimed at ensuring the safety of teachers and students while also not penalizing schools for the disruption that occurred during the pandemic.

Senate Bill 1011 first provides that a teacher or other district employee who tests positive for COVID-19, or a similar disease in the future, would be guaranteed 14 days of paid leave. This would guarantee that school staff are not penalized or otherwise motivated to stay at schools and expose students and other staff to the disease.

The bill also removes the high-stakes nature of tests like the STAAR test if school instruction was disrupted by a disaster like the pandemic or a hurricane. “It is important to measure student progress, but not penalize a student or school when a disaster occurs. A school’s number one priority is student achievement, and worrying about how its students are going to perform on the STAAR test should not be an added burden to schools dealing with a disaster like this pandemic,” stated Senator Hinojosa.

Additionally, SB 1011 places in statute the recent “hold harmless” decision announced by the Governor, which preserves school funding for the 2020-21 school year. Lastly, the bill would create a truancy task force to study this important issue and make recommendations about how to better keep our children in the classroom.

“These common-sense policies ensure schools are able to focus on educating students during disaster situations that are out of their control,” said Senator Hinojosa. “It is paramount that schools are a safe place to learn, and that they have the tools and resources to adapt during times like we are currently experiencing.”

TWDB APPROVES FUNDING FOR NUECES COUNTY DRAINAGE AND CONSERVATION DISTRICT NO. 2 FROM THE FLOOD INFRASTRUCTURE FUND

AUSTIN, TEXAS — Today, the Texas Water Development Board (TWDB) approved three project applications from the Nueces County Drainage and Conservation District No. 2 (“District”) for financial assistance through the Flood Infrastructure Fund (FIF) for a portion of each project’s total cost. All three project were approved under Category 2 of the 2020 Flood Intended Use Plan, which is designed for planning, acquisition, design, and construction activities to implement flood mitigation projects.

The District needs to enhance the infrastructure and address frequent flooding within the District’s service area. The Casa Blanca Drainage Improvements Project was approved for $809,600 in financial assistance consisting of $437,000 in financing and a $372,600 grant to address poor drainage and dilapidated infrastructure in the Casa Blanca subdivision. This project is estimated to be finished by January 9, 2025. The Bosquez Road/Avenue J Drainage Improvements Project was approved for $2,453,716 in financial assistance consisting of $1,325,000 in financing and a $1,128,716 grant to address recurring flooding problems in the area. For the second project, the estimated completion date is on October 19, 2023. The Ditch “A” and Bluebonnet Drainage Improvements Project was approved for $1,311,320 in financial assistance consisting of $839,000 in financing and a $472,320 grant to address the repeated residential flooding at the Bluebonnet subdivision in the City of Robstown. The third project is estimated to be finished by June 20, 2024.

The 2019 Texas Legislature passed Senate Bill 7, which created the FIF program to provide funding for flood mitigation projects. The FIF program provides financial assistance in the form of loans with an interest rate of 0% and grants for flood control, flood mitigation, and drainage projects. As Vice Chair of the Senate Finance Committee and a co-author of Senate Bill 500 during the 86th Legislative Session, Senator Juan “Chuy” Hinojosa was instrumental in securing funding to start the FIF program through a one-time transfer of $793 million from the “Rainy Day” Fund.

Senator Juan “Chuy” Hinojosa issued the following statement:

I appreciate the leadership of the Nueces County Drainage and Conservation District No. 2 for taking advantage of the Flood Infrastructure Fund program and for their work to submit multiple applications. It’s great news that today’s actions by the TWDB, will help address poor drainage, recurring flood problems, and improve these subdivisions in the City of Robstown. The City and its citizens will greatly benefit due to these investments. “