By Jake Collier

Well Texans, we’ve made it through the first month of our 87th Legislative Session. Putting the 86th behind them, lawmakers have diligently hit the Capitol with every intent of getting Texas back to its #1 economic status and driver for America’s economy. Whether you vote red or blue, Texas is the spearhead for our great country’s economic might — any hindrance and the country suffers as well. There are a multitude of COVID and economic issues in the air and masking them by playing partisan politics won’t be an option or a need within cycle of leadership. Governor Abbott will play a key role in defending Texas, especially as former skateboarder, Beto O’Rourke, is expected to run against him in the upcoming cycle. As Republicans and conservatives alike look forward to another red majority this session, the battle in Austin continues on.

Thanks to America’s incredible medical professionals and the Trump administration’s Operation Warp Speed, our primary COVID concern this session is not vaccine research, but distribution and funding. According to State Representative James Frank (R), “This session is shaping up to be unlike any session before due to the realities of working in the midst of COVID-19. There will be difficult choices to make as we grapple with the budgetary impact of the virus - and government response to it - on the economy (and therefore state revenues). We will also be dealing with the logistical issues that arise when we have the need to stay safe and provide transparency in a situation where members have vastly different views of the risks of Covid.”

In addition, Representative Frank and his staff were at the ready in introducing bills to the legislature for additional needs that come from his respective counties as well. These range from senior citizen care (HB 892/HJR 46) all the way to properly welcoming home school students with full access to UIL’s extracurricular activities (HB 547) permitting they meet grade-level scores on standardized testing. As a legislator of largely rural parts of Texas and Sheppard Air Force base, Rep. Frank has introduced HB 1210, which calls for restrictions on constructing meteorologic towers near federally owned/operated radar or military installations.

While Frank and his colleagues continue on in Austin, at the local level, there are a plethora of unique needs for local mayors and councils that may not be directly apparent to legislators. The expectation of local communication and support from their closest legislators help to ensure Texas cities and towns preserve the same freedom and safety they had before COVID restrictions were in place. Flower Mound Mayor Steve Dixon understands the need for local leadership to be in tune with the needs of Flower Mound’s citizens, as he was born and raised there.

“Every session Flower Mound officials monitor potential State legislation that would limit local control. We are also on the lookout for any bills that could potentially have negative effects on our residents and businesses. If such a measure is considered, we reach out to our State lawmakers to ensure our voice is heard. We are very grateful for our continued relationship with State Rep. Tan Parker and State Sen. Jane Nelson”, Mayor Dixon said.

As the first month of the 87th Legislative Session has wrapped up, we still have more than 100 days left to go. Texans are trying to move past COVID and focus on protecting their freedoms as other more restrictive states have been great examples of poor leadership at the most local of levels. Texans and many right-leaning states have pumped the brakes on the concept of shutdowns while more restrictive, left-leaning states have seen their COVID numbers climb in spite of their added caution. Our testament of freedom and hope for a brighter future have delivered Texans to pursue paying their bills and providing for their families with little to no support from the government. This independence sets our economy apart as jobs connected to the Keystone Pipeline have had their valves closed on Day 1 thanks to Joe Biden’s keen understanding of the green energy job market. Our Attorney General, Ken Paxton, and many other state AG’s will undoubtedly wage war against these job-killing, economy-crashing edicts, but it’ll be a tough fight as everyone does their part.

Conservative groups and lobbyists are working diligently to remain in contact with legislators to make sure their priorities are heard and acted upon. Pro-gun bills are a necessity to pass in this session while a litany of anti-2nd Amendment bills will be on the chopping block. State Senator Drew Springer (R) recently introduced an unprecedented number of gun bills that many Texans have been asking for. Wasting little time in making sure his constituents know he heard their voices, conservative gun groups have been chomping at the bit for the legislation Springer has introduced, particularly Constitutional Carry. Groups like Gun Owners of America and Texas Gun Rights have upheld the responsibility of Texans to make their voices not only heard, but acted upon. Although many are critical of the candidates they support, the NRA has even set up shop here, leaving liberal New York for greener pastures.

Although often overlooked, our judicial system faces even bigger challenges ahead. Justice Larry Doss of the 7th Court of Appeals sees court redistricting, judicial selection, and tort reform as priorities this session. Along with redrawing of congressional and state legislative maps, the Texas Legislature is expected to address the question of whether to redistrict Texas’ intermediate appellate courts. Texas has 14 intermediate appellate courts, which is more than in the federal system and any other state. Like with legislative redistricting, the original structure of the appellate court system was to attempt to track the changes in the state’s population. But as the population changed, court boundary lines remained the same. Now, courts have unequal workloads, requiring the state’s high courts to allocate some appeals to different geographic jurisdictions.

“Docket equalization creates particular challenges for parties litigating in Texas courts. They may have a trial in Austin, only to find a court in another part of the state is considering the issues on appeal. Members of our appellate courts work very hard to try to ensure citizens receive a consistent application of law regardless of where their case is located, but it is easy for disappointed parties to publicly challenge fairness when the judges hearing their case do not reside in the district in which the litigants live,” Justice Doss said.

Another issue for consideration is the process used to select Texas judges. In 2019, Texas passed a law creating a commission to study the process. Significantly, the commission ended 2020 divided about what action should be taken.

“Texas is only one of a handful of states that elect judges in partisan elections from the justice court to the highest appellate courts — the same way we elect representatives of the other branches of government. The fact that Texans so sharply disagree about the right process to select our judges illustrates the need for full, robust public debate on the Capitol floor,” continued Doss.

Finally, the question of what health expenses a successful claimant bringing personal injury claims can recover will be on the agenda in 2021. It is well-established that healthcare providers maintain “chargemaster” rates for services provided, but “discount” the amount owed when there is insurance or another third-party payer. This method of accounting creates particular challenges when juries are asked how much to award in damages: the charged amount or the fee actually paid? In 2003, the legislature passed the “paid or incurred” rule as an amendment to the Texas Civil Practice and Remedies Code. Significantly, though, some attorneys have devised creative financing schemes to circumvent the amendment — artificially propping up a higher “paid and incurred” number than the client will actually ever pay. Justice Doss elaborates: “When applied correctly, the ‘paid or incurred’ rule seeks to ensure that injured plaintiffs do not receive a windfall in the form of larger damages awarded against a defendant when they never actually suffer the amount being billed to them.”

Sen. Charles Schwertner (R-Georgetown) is introducing legislation that would permit a defendant to introduce evidence of the actual amounts reimbursed for specified healthcare services to assist the jury in determining whether the plaintiff’s claimed amount for healthcare expenses is reasonable.

As the Legislative Budget Board released their budgetary recommendations after receiving the Comptroller’s report, legislators wait with baited breath to balance our state budget appropriately.

Representative Frank explains, “With the Biennial Revenue Estimate and the Legislative Budget Board's recommendations in hand, the Legislature can now begin to draft, debate, and approve the final budget. This process can be lengthy and confusing, but will hopefully conclude with a budget that puts the needs of Texans first without raising taxes.”

Every Texan should be paying close attention to the 87th session, now more than ever. The draw to national politics often distracts people away from focusing on local issues, whereas local leadership has a more direct effect on policy and legislation. The uproar over the reality of a Biden presidency shouldn’t cause disengagement or apathy about politics but a new gear to engage with. A must for Texas citizens this session and over the course of the next few years is involvement. And a lot of it. Being involved will always be a priority whether you want to get into politics to make big money, make a name for yourself, or simply a desire to strengthen your community. As a passionate conservative, my drive to help candidates at the local level has only produced a multitude of fruit in the most positive of ways. It’s incredible the impact that can be made when political egos are put aside to advance leadership at the lowest of levels. From my own perspective, this can be done through campaigning for genuine conservatives, joining genuine conservative groups, or being open to run for office and making an impact yourself.