DOJ threatening to sue Texas over Gov. Greg Abbott deploying controversial buoys at the border

BY Paige Hubbard

PUBLISHED Fri, July 21st 2023, 10:44 PM CDT

CBS Austin

AUSTIN, Texas — The U.S. and Mexico border is once again in the spotlight over border security. The Texas Department of Public Safety tells our sister station in San Antonio, floating barriers in the Rio Grande aren't completely operational as they're still being anchored down.

The barrier is being put up in Eagle Pass and is the latest attempt by Governor Greg Abbott to secure the border. DPS lieutenant Chris Olivarez says the buoys aren't to keep people out of the U.S., they're intended to steer people away from dangerous waters and toward the ports of entry.

Since Governor Greg Abbott announced the buoys would be deployed back in June, there's been growing backlash from Texas lawmakers and human rights organizations like LULAC. Now the federal government is getting involved. The Justice Department is threatening to sue the state of Texas over those floating barriers and is giving Governor Abbott until 1:00 p.m. Monday to remove the barriers to avoid a lawsuit.

The DOJ says the fencing was placed in the Rio Grande without authorization from the U.S. Army Corps of Engineers. In a letter to Greg Abbott, the DOJ says, “The State of Texas’s actions violate federal law, raise humanitarian concerns, present serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties.”

After the DOJ notified Governor Abbott that they plan to take legal action over his actions to deter migrants at the border, he took to Twitter. In one tweet Abbott said Texas has the authority to defend the border under the U.S constitution adding, “We’ll see you in court, Mr. President.”

Andy Hogue is with the Travis County Republican Party. He believes the governor is taking appropriate steps to protect the southern border.

“It's just the Biden administration versus Greg Abbott, democratic versus Republican. Not entirely unexpected. Now keep in mind this is a pilot program. It's not the entirety of the Rio Grande being full of border buoys. This is a small section of the Rio Grande so this is a test balloon to try and see whether this will float,” he said.

In recent weeks there have been allegations of the barrier causing injuries. It’s claimed that a pregnant woman suffered a miscarriage after getting caught in the wire. The Texas DPS tells CBS Austin the office of the inspector general is investigating the allegations.

“If our personnel are doing anything that violates policy, they will be held accountable. There are no orders from the top that prohibit Troopers from giving water to women and children or attending to migrants who need medical attention. Additionally, we can confirm that we do not set “barrel traps” in the river. There are barrels on land wrapped in concertina wire as part of deterrent fortifications. Here is a helpful tweet, and the emails you need are attached,” Texas DPS said.

State Sen. Roland Gutierrez, D-San Antonio is now joining a list of democrats calling for the barriers to be removed. “Greg Abbott, pull these buoys out of the water now. Children are dying. People are getting hurt. By no means should these strategies be considered immigration policy or even border security. We are endangering the lives of not only migrants but law enforcement. This is reckless and cruel, plain and simple,” said Senator Roland Gutierrez.

“This is a dumb policy and we're lying to ourselves to think it’s going to control immigration,” said State Sen. Nathan Johnson.

State Sen. Nathan Johnson, D- Dallas doesn’t agree with recent laws signed by Governor Abbott to strengthen border security. He feels the crisis at the border is one that’s a deeper problem that deserves a smarter and kinder approach. He believes the state should be working to complement work already being done to address the crisis.

“There need to be employment regulations, guest worker programs, possibly an E verify. There needs to be a better system for processing asylum and better relationships with other nations. All of these things, I think, when combined, just a much more realistic humane approach is going to get us better results,” he said.

Immigration attorney Kate Lincon Goldfinch wants to remind people that the migrants at the border are human beings looking for a better life.

“These are the people who are running away from the criminals. And our laws say that we will give them an orderly way to seek asylum, not that we will drown them in the river with razor wire. That is not in line with what the laws of the United States say. It’s extremely clear that border enforcement is a federal jurisdictional issue. “It’s not acceptable on any front. Humanitarian or legal,” said Lincon Goldfinch.

The Office of the Governor issued a joint statement from Texas Border Czar Mike Banks, Texas Department of Public Safety (DPS) Director Steve McCraw, and Texas Adjutant General Major General Thomas Suelzer. You can find that here.

Texas Grid 'Getting Harder and Harder Every Year To Operate' — Ex-Official

An electric generator field is seen at the Austin Energy/Sand Hill Energy Center on June 20, 2023, in Austin, Texas amid extreme hot temperatures in the state. A former power official has said "aggressive" steps must be taken to reduce electricity demands during summer.

BRANDON BELL/GETTY IMAGES

BY ALEKS PHILLIPS

PUBLISHED 7/18/23 AT 5:58 AM EDT

Newsweek

Texas' electricity grid is "getting harder and harder every year to operate" as the average temperature in the state in the summer is rising along with the population, a former public utilities official has said.

Speaking to Dallas radio station KRLD on Monday, Alison Silverstein, an electricity reliability consultant and former adviser to the chair of the Public Utilities Commission of Texas, called for "aggressive" steps to reduce demand, reported to be the primary driver of power cuts.

She contrasted the outages seen in recent winters—caused by issues with production or transmission—with those during the summer, which tended to be as a result of demand outpacing supply as residents tried to stave off the effects of the heat.

It came as Texans have endured searingly hot weather since June, and the state is currently in a prolonged heatwave with temperatures consistently above 100 degrees Fahrenheit, placing pressure on the electricity grid.

The state's grid has been a matter of scrutiny since February 2021, when a winter storm killed 246 people and left millions without power. But, like other grids facing up to more regular extreme weather events, summer heat is also a concern.

"Since Texas temperatures have risen every summer for the last 30 years, and [the] Texas' population has risen every year for the last 30 years, we should expect that there will be a lot more calls for conservation because it's getting harder and harder every year to operate the grid," Silverstein said.

An Electric Reliability Council of Texas (ERCOT) spokesperson told Newsweek that it will "continue to operate the grid conservatively, bringing generating resources online early to mitigate sudden changes in generation or demand."

Noting that the state's grid operator had already managed to break its own unofficial July peak capacity, they added that there could be "tight grid conditions periodically this summer."

"The grid is operating under normal conditions," the spokesperson said. "ERCOT has not issued a Voluntary Conservation Notice and is not asking Texans to conserve energy at this time."

According to the U.S. Census, Texas' population grew 43.4 percent between 2000 and 2022, while National Centers for Environmental Information data shows the average July temperature has been above the historic mean for seven of the past eight years. July 2022 recorded an average of 87.1 degrees Fahrenheit—beating the previous record set in 2011.

Silverstein said that while a lot of the rules adopted by Texas' Public Utilities Commission to reform the state's energy grid in the wake of Storm Uri—which caused 2021's outages—were targeted towards preventing a loss of supply. In hot summers, she estimated air-conditioning usage made up 50 percent of electricity demand in the state.

"The hotter it gets, the more we're all cranking the thermostat and demanding more electricity," she noted. Earlier this week, one energy provider in California called on residents to limit their air-conditioner usage at peak times.

Silverstein criticized the Texas' legislature for prioritizing energy production projects and the governor, Greg Abbott, for vetoing a measure in June which would have adopted stronger energy efficiency standards for new-build homes in the state, reducing electricity demand before people move in.

Abbott suggested at the time he was not against the bill, but wanted the legislature to prioritize property tax cuts that would make homeowning easier. The bill, SB 2453, would have saved residents $174 a year on utilities, a 2021 Pacific Northwest National Laboratory study found.

Silverstein characterized her reaction to this move as "extreme disappointment," but said that the bill was "only one of the things that should have been done" and that it "would have done nothing to fix the house that you're sitting in today."

She added: "Instead of just trying to fix supply, we need to be much smarter and aggressive about fixing demand."

Newsweek approached the office of the Texas governor via email for comment on Tuesday.

"We're going on 30 million people here. Summers are getting hotter, winters are getting colder; cold snaps are longer, heatwaves are longer," Nathan Johnson, a Democratic state senator, told the radio channel.

"People are consuming more power to stay warm and to stay cool and, meanwhile, we have high energy demand industries here including petrochemical refineries[...] semiconductor manufacturing, automobile manufacturing—these things draw a ton of power.

"So we have a steeply increasing population, we have a steeply increasing demand on our electricity from industrial processes—it would be political negligence to not look at those curves and anticipate for the power that we're going to need."

However, he noted that answering questions about capacity and generation were "super hard," with experts offering conflicting opinions that posed a "huge challenge" for legislators.

Texas has been bringing more energy production online in recent years, from a diverse range of sources. The state has a growing solar and wind industry that is anticipated to account for nearly half of its energy needs in 2035, and has the second largest-battery storage capacity of all states.

Update 07/26/23, 3:30 a.m. ET: This article was updated to include comment from an ERCOT spokesperson.

State Sen. Nathan Johnson Announces Priority Legislation

March 6, 2023 Maria Lawson

People Newspapers

State Sen. Nathan Johnson, D-Dallas, announced a set of bills for the 88th Legislative Session aimed at providing Texans with reliable energy, reforming the criminal justice system, equipping skills with necessary resources for students, utilizing early prevention to reduce healthcare costs, and a strategy to expand Medicaid in Dallas.

“Good results come from good systems,” Johnson said. “Many of the bills I’ve filed aim to make the state systems on which we rely — for power, for free and fair elections, for public education, for health and healthcare, and for public safety and law enforcement — more responsive, efficient, and effective.”

The bills are as follows.

Electrical Grid Resiliency: Power in Numbers

• Senate Bill 1212 (Distributed Energy Resources): this bill brings small-scale residential electricity generation, such as rooftop solar and local microgrids, onto the grid by creating a standardized framework for their integration into power distribution systems.

Building Public Health and Criminal Justice Systems That Protect and Improve People’s Lives

• Senate Bill 86 (Fentanyl Test Strips): reduces deadly fentanyl overdoses by decriminalizing the use, possession, delivery, and manufacturing of testing equipment that identifies the presence of fentanyl.

• Senate Bill 623 (Overdose Prevention Testing): reduces deadly overdoses by broadening legal forms of drug testing and tightening the definition of “paraphernalia.” This will allow individuals to use the latest forms of drug-testing equipment to detect fentanyl and newer deadly drugs.

Providing Public Schools with Resources, Stability, and Respect

• Senate Bill 88 (Basic Allotment Inflation Adjustment): raises the per-student basic allotment and ties it to inflation to help public schools manage finances with stability and keep prior promises to public education.

• Senate Bill 89 (Pre-Kindergarten for Teachers): offers pre-K programs to the children of public school teachers and provides teachers with automatic qualification for their children to enroll in public school pre-K.

• Senate Bill 90 (Charter School Campus Application): raises the threshold of transparency and accountability in the establishment of new open-enrollment charter school campuses and sites. It requires charter expansion applications to include a study of the financial impact on the local school district and approval by the full State Board of Education.

• Senate Bill 263 (School Enrollment Funding): changes the Texas school finance system to be based on enrollment instead of attendance.

• Senate Bill 350 (Paid Parental Leave Policy): requires school districts and open-enrollment charter schools to adopt a paid parental leave policy and reimburses schools for associated costs.

Fair, Accessible, and Secure Elections

• Senate Bill 92 (Online Voter Registration): creates an online registration system for mail-in applications and Volunteer Deputy Registrar applications to make it easier to register to vote and save the state and county election officials time and money.

• Senate Bill 94 (Earlier Voter Pre-Registration): changes the pre-registration age to 17 years to help kids pre-register in time to vote in the year they turn 18.

• Senate Bill 293 (Against Intimidation of Election Officials): establishes a criminal offense for a person who harasses an election official, intentionally interferes with or prevents and election official from performing their duty, or disseminates personal information about an election official.

Lowering Healthcare Costs Through Early Prevention, Early Detection, and Administrative Efficiencies

• Senate Bill 290 (Health Information Exchange): authorizes the Texas Health Services Authority, a statewide Health Information Exchange, to collect and analyze clinical data as permitted under HIPAA to promote statewide interoperability of electronic health records. It ensures oversight of Texans’ clinical data by a Texas HIE and protects the privacy of patients.

• Senate Bill 294 (Asthma Medicine in Schools): allows schools to stock quick-relief medications to treat children in respiratory distress, such as inhalers, by aligning requirements to those currently in place for epinephrine.

• Senate Bill 550 (Express Lane Eligibility): reduces administrative burdens and streamlines the eligibility process for CHIP and Medicaid enrollment or re-enrollment by allowing the Texas Health and Human Services Commission to use previously verified income data.

• Senate Bill 244 (State-Based Exchange): established the Texas Health Insurance Exchange Authority to implement a state-based exchange to reduce net monthly premium payments, apply savings to higher enrollment, and lower out-of-pocket expenses.

• Senate Bill 619 (Early Hearing Program Reform): provides newborn and infant hearing screenings by enhancing provider understanding, improving reporting and referral rates, and reducing the state’s loss to follow-up/documentation.

Leading the Charge for Medicaid Expansion in Texas

• Senate Bill 195 (Live Well Texas Program by 1115 Waiver): expands access to state Medicaid health insurance while preserving state control over funds and generating positive net revenue for the state. It directs HHSC to seek a waiver expanding eligibility for Medicaid benefits to all individuals for whom federal matching funds are available, encourages personal healthcare responsibility, encourages personal healthcare responsibility, increases healthcare responsibility, and ensures Medicare rate parity for Medicaid providers.

• Senate Bill 71 & Senate Joint Resolution 10 (Medicaid Expansion by Constitutional Amendment): a constitutional amendment to be submitted to voters on Nov. 7, 2023, that would require the state to expand Medicaid. If voters approve, the amendment provided in SJR 10 directs Texas HHSC to adopt rules pursuant to Senate Bill 71.

• Senate Bill 72 (Medicaid Expansion by Legislature): would require Medicaid expansion by simple legislation vote.

• Senate Bill 343 (Medicaid Expansion by 1115 Waiver): directs HHSC to use its discretion to craft a federally-acceptable section 1115 waiver to expand Medicaid coverage to all individuals for whom federal matching funds are available, encourage personal healthcare responsibility, and increase healthcare accessibility.