On May 5, voters in Lubbock overwhelming rejected Proposition A by a margin of 30 percentage points — 65% opposed the measure, while 35% supported it. If approved, it would have told police to stop arresting people for having less than four ounces of marijuana in most cases. The proposed reform drew loud opposition from local conservative leaders, like Texas Rep. Carl Tepper.

He explained why he believed the effort failed there, while six other Texas cities — Austin, Denton, Elgin, Harker Heights, Killeen and San Marcos — already approved similar decriminalization measures.

"Because Lubbock has common sense," Tepper said Thursday. "People from Lubbock travel a lot. We're a great place to live, but our folks like to go out of town for vacation. Again, they've been to Portland; they've been to Denver; they've been in New York City. They have some common sense. Those other communities made a horrible, terrible mistake."

Adam Hernandez with the group Lubbock Compact, which pushed for voters to approve Prop A, addressed whether he though the loss in Lubbock would affect the movement in Texas to bring about marijuana decriminalization reforms.

"We just weren't able to get that voter turnout high enough, but in a lot of cities, you may not have that same issue," Hernandez explained. "So I don't think for the overall mission people should take this as sort of a bad sign if you will."

So far the idea of decriminalizing marijuana has gone nowhere the Republican-controlled Texas Capitol. That's why groups like Ground Game Texas are pushing local ballot measures to send a message to lawmakers and activate voters.

"Our big goals are basically two-part: democracy and social justice," said Mike Siegel, the political director of Ground Game Texas. "You know in Lubbock, for example, we produced a report showing that the African American community represents about 30% of [marijuana] arrests, but only 8% of the population. So we know that there's racially discriminatory enforcement practices related to marijuana reform, but the other thing is we want to give people reason to vote. We find that there's a lot of cynicism about political parties and candidates and so when folks can go vote for an issue, that's more relatable to a lot of people and will give them a reason to go to the polls."

One change that's likely to come next year during the regular legislative session, though, is making it harder for cities to get these kinds of measures on a ballot. Tepper said he's already planning to introduce such a measure.

"We're all looking at closing that loophole so that you can no longer introduce something into a municipal referendum that would in the end be counter to state law," Tepper said. "It's hard to make an idea into law, but we're going to be attempting to get that one through."

The Austin chapter of the Texas Association of Addiction Professionals (TAAP) held its annual symposium Thursday and Friday at the Austin Southpark Hotel. Various sessions and experts are gathering there to share the latest, best ways to shape addiction treatment.

Brittany Bass, the president of Austin TAAP, said conversations are happening about what could happen during next year's regular session. She said Thursday she'd like lawmakers to finally legalize fentanyl test strips, pointing to Austin police recently detecting fentanyl in marijuana after a deadly surge in local overdoses.

"We really need access to things like fentanyl test strips so that as we see more marijuana come on the streets, people have access to make sure that there's not fentanyl in it," Bass said.

Texas Attorney General Ken Paxton previously announced he's suing five of the cities where voters approved these marijuana decriminalization measures. Leaders with Ground Game Texas shared Thursday they would intervene in Austin's case to defend the city's results.

Harker Heights is not facing this same legal scrutiny, though, because the City Council voted to repeal the ordinance approved by that community's voters almost immediately after the election.

However, two other cities could be the next to join them in this wave of locally-driven reform. Advocacy groups are working to collect enough signatures for this to appear on ballots in both Dallas and Lockhart.

When it comes to Texas voters' feelings about marijuana legalization, pollsters from the University of Texas and The Texas Politics Project have regularly asked people about this.

According to the December 2023 statewide poll, a plurality of voters (34%) said marijuana possession should be legal in medical purposes only. Meanwhile, 30% said having small amounts for any purpose should be legal. Full legalization of marijuana had the support of 19% of the respondents, while 17% said it should not be legal in any circumstance.

Cruz gets grief from Senators over push to pass bipartisan FAA bill

A show of bipartisanship in Washington helped Senators pass a bill to reauthorize the Federal Aviation Administration (FAA). The $105-billion bill aims to improve customer service and safety for air travelers.

The deal came Thursday night, just hours before a deadline that could have led to the FAA furloughing thousands of workers. It still needs approval in the House.

One challenge to passing a major piece of legislation is the work to keep members from stalling the bill by adding amendments or making moves to block progress unless their own priorities are added. One Senator who played a key role in managing the progress for the FAA bill is someone who has a reputation for being the one who normally does the blocking: Texas Republican Senator Ted Cruz.

Cruz is the ranking member of the Senate Committee of Commerce, Science and Transportation. Cruz, along with Committee Chair Sen. Maria Cantwell, D-Washington, took the lead in managing the bill, to make sure the package passed.

"It really was building bipartisan compromise. And I have to say the way this this bill moved forward, I think is a model for how legislation should move forward," said Cruz in an interview with Nexstar.

Cruz elaborated on the process he and Cantwell followed to move the bill forward.

"We solicited from our colleagues their priorities, and this bill incorporates amendments priorities for over 200 different amendments that came from other senators from Republicans from Democrats addressing needs and concerns they have in their states. That process was an extended negotiation as we worked through incorporating those amendments," Cruz said.

The measure passed 88 - 4 in the Senate. Cruz described it as "an overwhelming bipartisan vote."

Cruz is not normally someone associated with bipartisanship. The Hill reported that some of his fellow senators gave him some ribbing as he worked to keep the bill on track. Basically, they found it funny, since Cruz is seen as usually the one blocking legislation.

"Well, it is true that my colleagues have enjoyed giving me some grief the past couple of weeks," Cruz said. "I sort of laughed, because when I was managing the bill, I did it on the Senate floor, from Mitch McConnell's desk and and I was threatening to carve my name in the drawer if they if they kept at it, which which is an old tradition that you sign your desk when you're done serving," Cruz remembered.

Full interview with Sen. Ted Cruz

He pointed out that the FAA reauthorization is the largest bill that he's ever managed on the floor. Cruz said that's because he's only recently reached the level of seniority in the Senate that gives him the clout to manage a major bill.

But despite the perception, Cruz maintains that he has a track record of working to pass bipartisan legislation.

"You ask if it's something new? And I would say actually, no, it is not," Cruz said.

Still, Cruz quickly made a point to attack Democrats.

"My job for 12 years has been to fight for 30 million Texans all across our state. And that entails a number of things. One thing it entails is fighting against bad policy. So if they're policies that hurt Texas, whether they were coming from Barack Obama, or Chuck Schumer or Joe Biden, I've been proud to lead the fight against them," Cruz said. He accused Democrats of pushing for "open borders" as well as "job-killing regulations" and attacking the energy industry in Texas.

Cruz said the FAA bill is something that is good for Texas. The legislation is expected to bring billions of dollars in investments in airports and infrastructure in the state, as well as much-needed safety improvements.

"The FAA bill, it so happened, it is the 100th bill that I have authored and passed into law," Cruz said. He's listed as a cosponsor of the bill, with Cantwell as the bill's sponsor.

"And so this has been something I've been doing the entire time drafting legislation, getting bipartisan support for that legislation, passing it into law," Cruz said.

The emphasis on bipartisanship comes as Cruz faces an election challenge in November.

Congressman Colin Allred, a Dallas Democrat, is campaigning on his record of working across the political aisle to pass legislation. He's also made a point of highlighting some of Cruz's more divisive work, like the Senator's popular partisan podcast.

"While Ted Cruz was recording podcasts, I was working to pass bipartisan bills to keep our communities safe and lower health care costs," Allred wrote in a recent post on social media.

The race between Cruz and Allred is expected to be competitive. Campaign finance reports show Allred outpacing the incumbent Senator in fundraising. But recent history may favor Cruz. Republicans have dominated statewide elections for decades. Allred is trying to become the first Texas Democrat to win a statewide election in 30 years.

Backroom Botox a 'wild west' in Texas

She remembers feeling dizzy and then, what seemed like seconds later, bright lights.

"I felt like I was in a dream," she said. "Then waking up, I just saw everyone was - was panicking."

She had fainted, and an EMS report detailed she had a five-minute seizure and was vomiting.

It's not the result she expected from her decision, on a whim, to get Botox. She told KXAN she saw a social media post about a summer deal and drove from a nearby town to Dublin, a small city north of Austin, to get her first injection in the back room of a store.

It's not illegal for someone to inject Botox — in fact, a KXAN investigation uncovered anyone in Texas can get certified to be an injector and practice anywhere. But because of what happened at the store, Dublin police are now investigating whether the injector was “practicing medicine without a license" — and hoping to shape the future of safety in the state.

"We went specifically for a lip flip. So just Botox in my lips," said the woman, who wanted her privacy to be protected because "It's such a small town... everyone knows everyone... everything gets spread pretty easily." 

She recalled walking through a store towards the back room, a small space like a closet with a curtain for privacy. She described feeling fine after getting the injections in her bottom lip but said as soon as the injector started on the top one, she knew something was wrong.

Dublin EMS report states woman who got Botox in her lips had a seizure after several injections. (KXAN Photo/Arezow Doost)

"The injector did ask our EMS staff, you know, 'What do I do to make sure this doesn't happen again?' Well, the only way to make sure this doesn't happen again, is to, you know, ensure that your patient qualifies for the injection," Dublin Police Chief Cameron Ray said.

The town of almost 3,700 people has a police force of 10 sworn officers. The department has been investigating this case for months. Since the injector hasn't been charged with anything at this time, KXAN is not naming her or the store. 

"We will handle any charges that come to the person who did the injection," Ray explained.

Dublin Police Department is investigating and will take the case to the District Attorney's Office when it is complete. (KXAN Photo/Arezow Doost)

He added that they'll take the case to the District Attorney's office once their investigation is complete, pushing for accountability and, ultimately, oversight across the state.

"The goal in this investigation is to spur change to the system," he said.

Botulinum toxin, commonly called Botox, can be used to treat medical or cosmetic concerns like facial wrinkles, the Centers for Disease Control and Protection said. The agency warned it can have adverse effects including botulism, which is a rare but serious illness caused by the toxin attacking the body's nerves and causing blurred vision, difficulty breathing and muscle paralysis. 

In Texas, Botox injectors must have someone licensed in medicine supervising them, like a physician assistant, an advanced practice registered nurse or a doctor serving as a "medical director" in case there are complications. 

The injector in the Dublin case had completed training offered by Texas-based MySpaLive, according to the company’s attorney. Police explained the company’s medical director listed online back then was a pediatrician in Tyler – more than three hours away – who hasn’t returned KXAN investigators' repeated calls and emails.

"When you're 190 – 200 miles away, how are you going to have direct oversight if complications arise out of that injection?" Ray said.

Dublin's Police Chief Cameron Ray hopes this case shapes legislation which will provide oversight in an industry that largely operates unregulated. (KXAN Photo/Arezow Doost)

The company’s attorney would not respond to questions about the specific case for privacy reasons but said in an email that MySpaLive “does not provide any medical procedures” and has developed an app to connect injectors with a licensed medical practitioner without having to go into an office. The attorney added that the practitioner can then supervise and authorize an injection.

Dublin police would only confirm medical staff was not at the shop the day of the emergency. Other steps that might have been taken are part of an ongoing investigation.

KXAN investigators made two trips to Dublin to talk to the injector about the medical emergency.

On the first trip in March, KXAN stopped by the store where police said she was doing the cosmetic procedures. The store owner showed KXAN four training certificates framed on a wall near where the injections take place. She said the injector was not there at the time. KXAN called, texted the injector and went by her home. She had agreed to meet with our team but then changed her mind. 

Image of multiple certificates from MySpaLive and Master Injectors and vials of fluids displayed at retail store in Dublin, Texas (KXAN Photos)

"My attorney that handles all my business said I am not interested in interviewing," she responded back in a text. 

On the second trip to Dublin in April, KXAN went back to the store to try to talk to her one more time about the open investigation, but she didn't want to talk. KXAN was able to reach her attorney after several attempts, but he said they have no comment. 

In Texas, there is not a state licensing board or regulatory agency that directly oversees the people, supervising physicians, and practices of those who operate in the medical spa industry and provide Botox injections.

KXAN found Texas is one of only four states in the U.S. that doesn't have a dedicated state agency with direct oversight that requires various degrees of licensing or registration for med spas.

U.S. map showing each state's licensing requirements to own and operate a medical spa. Hover over each state to see licensing details and the State agency that regulates the industry. (App users can interact with the map on kxan.com.) Source: Yocale research incorporating State Medical Boards and various market research resources. (KXAN Interactive/Dalton Huey)

As a result, the Texas Medical Board and local law enforcement agencies must rely on complaints or referrals to take action against individuals and physicians who are illegally or improperly running med spas.

KXAN asked the TMB about the current laws regarding Botox injectors, med spas, and physicians who serve as medical directors and ultimately delegate authority that allows others to provide Botox and non-surgical cosmetic procedures.

"There could always be more done to protect patients," TMB stated, and further clarified that while it cannot lobby for or against a law change, it is aware of trending concerns and has been proactive in addressing complaints related to "Botox parties" and physician supervision/delegation in the med spa industry.

"If a complaint is received, the agency will investigate the supervising physician (if one is involved) and those involved in such activity," it explained. "If there is no physician involved, TMB does also have cease and desist authority against those involved in this type of activity." 

In Texas, anyone can get trained to administer Botox as long as it's under the supervision of a medical professional. (KXAN Photo/Chris Nelson)

Additionally, law enforcement can pursue criminal charges for unlicensed practice of medicine, a third-degree felony offense in Texas.

"Everybody says law enforcement is there to protect and serve. Well, I believe, in this instance, we're doing that protection by holding those people accountable," Ray said. "Never in my wildest dreams did I think we would be, you know, investigating what somebody's injecting in people's lips."

When law enforcement, Texas Medical Board take action

Last month, the Houston Police Department arrested a man on three felony charges of practicing medicine without a license or permit causing harm, as well as a fourth charge of aggravated assault causing serious bodily injury.

According to court records, the man owned a med spa in the Houston area, and his title listed in court documents was "Injector."

Court records state he "intentionally and knowingly" practiced without a medical license and caused harm to multiple patients after injecting an unknown substance into his clients.

KXAN found the same man was issued a cease and desist order by TMB in 2020.

The cease and desist states the man "admitted to administering skin treatment injections including Botox for a period of several years and without proper physician involvement."

KXAN asked TMB how it ensures that a cease and desist order is followed.

In response, TMB stated: "A cease and desist primarily serves as a notice to the public regarding the individual. This information is also referred to law enforcement. Continued violations of a cease and desist can impose civil penalties recoverable by the Office of the Attorney General."

TMB further clarified that local law enforcement and prosecutors would be the only authority to pursue criminal charges.

KXAN reviewed TMB disciplinary records since 2018 and found 63 actions taken against individuals and/or physicians specifically related to med spas and/or non-surgical cosmetic procedures.

Of those 63 actions, 55 were cease and desist orders issued against individuals for engaging in the unlicensed practice of medicine by providing non-surgical cosmetic procedures without proper physician or midlevel oversight.

The remaining eight actions taken by TMB were against licensed physicians for improper supervision or delegation of cosmetic procedures.

Each of the physicians received a public reprimand, were issued a monetary fine of $2,000-$10,000, and were required to complete various amounts of continuing medical training.

Over 75% of the TMB's actions were taken since 2021, further supporting the "trending concerns" TMB acknowledged related to "Botox parties," and physician supervision/delegation in this industry.

Number of actions the Texas Medical Board took against individuals providing non-surgical cosmetic procedures and/or their practices associated with med spas in Texas from 2018 to March 2024. Source: Texas Medical Board. (KXAN Interactive/Dalton Huey)

From 2018 to 2022, TMB actions grew from three to a high of 15. As of March of this year, the TMB has already taken action against 11 individuals and/or physicians for their roles in providing non-cosmetic surgical procedures.

Lawmakers have heard of these investigations and concerns and tried to take action.

State Sen. Charles Schwertner, R-Georgetown, plans on refiling oversight legislation this coming session. (KXAN Photo/Arezow Doost)

State Sen. Charles Schwertner, R-Georgetown, filed legislation during the 2023 regular session which would have prohibited estheticians and cosmetologists from doing injections — including Botox — unless they are licensed in medicine or certified and have medical supervision. The bill stalled after passing the Senate, but he plans to re-file next session. 

"I think it is incumbent that we as a state, protect Texans and their health and safety and welfare when it comes to any sort of invasive procedure," he explained.

Schwertner, who is an orthopedic surgeon, explained the medical board can take disciplinary action against doctors authorizing injections. He added that current law has no oversight when it comes to estheticians or cosmetologists who fall under the Texas Department of Licensing and Regulation. His bill aimed to give that agency authority to discipline those professionals if needed. 

"Any individual that is involved in the care — in this case, the cosmetic care of an individual — is held accountable when something goes wrong, and that they should have had the proper level of education, experience and training," he said. 

As Texas considers possibilities for oversight, warnings related to Botox are growing on a national level.

A recent outbreak of people experiencing harmful reactions after receiving injections of counterfeit or mishandled Botox has prompted investigations by the Centers for Disease Control, the U.S. Food and Drug Administration, and 11 state and local health departments.

As of April 18, CDC has received reports of 22 individuals who from Nov. 4, 2023, to March 31, 2014, have experienced various symptoms of botulism:

Half of the 22 individuals required hospitalization, six of whom needed to be treated with botulism antitoxin due to concerns that the Botox could have spread beyond the injection site, the CDC stated.

All 22 of these individuals reportedly received Botox from unlicensed or untrained providers and/or in a non-healthcare setting, such as homes and spas, according to the CDC.

The Texas Department of State Health Services told KXAN there is currently one Texas case that meets CDC's outbreak definition. According to DSHS, this is still an ongoing investigation and the Texas individual was treated and has recovered.

The FDA has also issued a black box warning for the medication used for Botox, which is the highest safety warning the agency requires. The warning is contained inside a box with a black border and provides a brief summary of the information that is critical for a prescriber to consider.

The effects of BOTOX and all botulinum toxin products may spread from the area of injection to produce symptoms consistent with botulinum toxin effects."

FDA Black box warning for Botox

The FDA is also reviewing a petition by consumer group Public Citizen asking it to strengthen the risk warning language on all approved Botox products due to concerns of temporary paralysis, hospitalization and even death. The consumer group is pushing for the FDA to clarify that adverse effects could happen even at recommended dosages.

If someone is considering an injection of Botox, the CDC recommends that person always ask if the provider is licensed and trained to perform the injection and ask if the product is FDA-approved and acquired through a legitimate source.

"If in doubt, don't get the injection," the CDC said.

Even some in the industry think injectors need more oversight. It's why Master Injectors exists, according to Chief Marketing Officer Mike Rocha. His Texas-based training company certifies injectors.

"These individuals are going to take training somewhere. If they don't have a medical license, they're going somewhere to get trained. We want them to train with us, because we're going to teach them and train them properly and safely," Mike Rocha said.

KXAN investigators learned that several months after the medical emergency in Dublin, that injector was certified with Master Injectors. The company explained she had only had that certification for a few weeks before it learned about the police investigation and revoked her certifications. 

Master Injectors allowed KXAN to attend a recent weekend training in San Antonio. It covered everything from having a clean treatment area, to how Botox should be stored, facial anatomy and where people can and can't inject. There were several tests throughout the day. Trainers who are registered nurses also walked around and worked closely with smaller groups to make sure safety measures were followed and understood.

"A big reason that we wanted to start this training is that non-medical people can take it, so we wanted to make sure that they were trained properly in the anatomy, and the physiology and blood-borne pathogen training to make sure they had that background," explained Brenda Rocha, who is the chief nursing officer and oversees all the training. 

Training can cost upwards of $2,500 and not everyone becomes certified after a weekend. On average, the company said about 15% of a training class doesn't get certified. 

"There have been people that — that I have turned away and said 'I do not feel comfortable and do not feel like you are safe for the public and we cannot certify you,'" Brenda Rocha added. 

Master Injectors said it not only has oversight from a Medical Director who is an anesthesiologist with esthetics training out of Dallas but also from owner Brenda Rocha who is a registered nurse.

Master Injectors also works with compliance company Aesthetic Business Consulting to make sure protocols are in place for itself and its clients, like nurses looking over medical charts daily, overseeing products purchased, and making sure people getting the injections are receiving a medical exam.

"We're looking at all their procedures, protocols, trainings, all of those things, just, you know, going through it with a fine-tooth comb, just to make sure that it's meeting industry standards," said Amber Bechthold, owner of the compliance company. 

KXAN investigators reached out to associations for estheticians, cosmetologists and med spas to ask them about their training and oversight but there have been no responses. 

"My plea to the public is 'educate yourself, ask questions, don't assume that somebody in a white coat or in scrubs is actually knowledgeable about what it is they're proposing to do to you,'" said retired pediatric neurosurgeon Dr. Patricia Aronin. 

Aronin is with Texas 400, a grassroots group of doctors advocating for patient safety across the state, who describes the current industry as the "wild west." The nonprofit said it will be watching closely next session as Schwertner refiles the oversight legislation.

She added that it's tough to track the size of this problem because people don't always know how or where to file complaints and it can be embarrassing for some to share what happened. Complaints should be filed with the Texas Medical Board. 

Data KXAN obtained shows 91 complaints have been filed with the medical board since 2019 for things like Botox and other cosmetic procedures. The agency said it has nine open investigations related to improper providing of nonsurgical cosmetic procedures.

"Do you want to play Russian Roulette just because you don't want your face to have wrinkles?" she said.

After her medical emergency last summer, the woman said she could hardly stand up or walk around on her own. (KXAN Photo/Arezow Doost) 

The woman in Dublin who got the Botox said she's had no complications since the medical emergency. She's sharing her experience to warn others. 

"I think it's definitely important to have proper training for sure, especially with... injections going into the face," she said. "It's a very scary thing. ... I feel like it's not something to be messed with."

The injector in Dublin is still working. Police added that they are working to wrap up their investigation soon.

"If we're able to, you know, shine the spotlight on this problem, we can work with our lawmakers to provide the government oversight that is needed for the safety of our citizens," Ray said.

The deal came Thursday night, just hours before a deadline that could have led to the FAA furloughing 1000s of workers. It still needs approval in the House.

One challenge to passing a major piece of legislation is the work to keep members from stalling the bill by adding amendments or making moves to block progress unless their own priorities are added. One Senator who played a key role in managing the process for the FAA bill is someone who has a reputation for being one who normally disrupts the process: Texas Republican Senator Ted Cruz.

Cruz is the ranking member of the Senate Committee of Commerce, Science and Transportation. Cruz, along with Committee Chair Maria Cantwell (D-Washington) took the lead in managing the FAA bill, to make sure the package passed.

"It really was building bipartisan compromise. And I have to say the way this bill moved forward, I think is a model for how legislation should move forward," Cruz said in an interview for the State of Texas politics program.

Sen. Cruz elaborated on the process he and Sen. Cantwell followed to move the bill forward. "We solicited from our colleagues their priorities, and this bill incorporates amendments priorities for over 200 different amendments that came from other senators from Republicans from Democrats addressing needs and concerns they have in their states. That process was an extended negotiation as we worked through incorporating those amendments,"

The measure passed 88 - 4 in the Senate. Cruz described it as "an overwhelming bipartisan vote."

Cruz is not normally someone associated with bipartisanship. The Hill reported that some of his fellow senators gave him some ribbing as he worked to keep the bill on track. Basically, they found it funny, since Cruz is seen as usually the one blocking legislation.

"Well, it is true that my colleagues have enjoyed giving me some grief the past couple of weeks," Cruz said. "I sort of laughed, because when I was managing the bill, I did it on the Senate floor, from Mitch McConnell's desk and I was threatening to carve my name in the drawer if they kept at it, which is an old tradition that you sign your desk when you're done serving," Cruz remembered.

But despite the perception, Cruz maintains that he has a track record of working to pass bipartisan legislation.

"You ask if it's something new? And I would say actually, no, it is not," Cruz said.

Still, Cruz quickly made a point to attack Democrats.

"My job for 12 years has been to fight for 30 million Texans all across our state. And that entails a number of things. One thing it entails is fighting against bad policy. So if they're policies that hurt Texas, whether they were coming from Barack Obama, or Chuck Schumer or Joe Biden, I've been proud to lead the fight against them," Cruz said. He accused Democrats of pushing for "open borders" as well as "job-killing regulations" and attacking the energy industry in Texas.

Cruz said the FAA bill is something that is good for Texas. The legislation is expected to bring billions of dollars in investments in airports and infrastructure in the state, as well as much-needed safety improvements.

"The FAA bill, it so happened, it is the 100th bill that I have authored and passed into law," Cruz said. He's listed as a cosponsor of the bill, with Sen. Cantwell as the bill's sponsor.

"And so this has been something I've been doing the entire time drafting legislation, getting bipartisan support for that legislation, passing it into law," Cruz said.

The emphasis on bipartisanship comes as Cruz faces an election challenge in November. Congressman Colin Allred, a Dallas Democrat, is campaigning on his record of working across the political aisle to pass legislation. He's also made a point of highlighting some of Cruz's more divisive work, like the Senator's popular partisan podcast.

"While Ted Cruz was recording podcasts, I was working to pass bipartisan bills to keep our communities safe and lower health care costs," Allred wrote in a recent post on his X account.

The race between Cruz and Allred is expected to be competitive. Campaign finance reports show Allred outpacing the incumbent Senator in fundraising. But recent history may favor Cruz. Republicans have dominated statewide elections for decades. Allred is trying to become the first Texas Democrat to win a statewide election in 30 years.

The demands are in four parts. The first one is for the University of Texas to divest from weapons manufacturing companies that sell arms to the Israel Defense Force. Supporters of divestment claim that the UT system funds the war in Gaza through those investments.

The next two demands deal with academic and legal immunity from prosecution or disciplinary action for their protests, whether they were arrested for them or not.

The fourth demand is the resignation of UT Austin President Jay Hartzell. This comes as about 600 faculty members signed a letter of no confidence, saying that they can't trust Hartzell anymore to protect students both physically and in the rights to free expression.

There is little, if any, indication that the university plans to address the protest demands.

The university is trying to impress upon the public that many of the protesters are not students who are protesting in good faith. Statements to the media have emphasized the number of people not affiliated with the university who have been arrested.

On Friday, the Houston Chronicle posted an opinion piece from Hartzell, where he said that the demonstrations on campus were criminal trespassing, not protests.

Protesters maintain that they will keep holding protests until their demands are met in full. That could set the stage for more tension, with graduation ceremonies scheduled in the coming week at the university.

Over 600 UT Austin faculty sign letter of no-confidence in President Hartzell

Hundreds of University of Texas at Austin faculty signed a letter saying they "no longer have confidence in President Jay Hartzell," following a series of pro-Palestinian protests on campus over the last week.

The UT Austin chapter of the American Association of University Professors was behind the letter, which was signed by more than 620 UT faculty members. For context, the university has 3,000 teaching faculty.

The letter states, "President [Hartzell] has shown himself to be unresponsive to urgent faculty, staff, and student concerns. He has violated our trust."

The letter said Hartzell put people in danger by bringing state troopers to "forcibly disperse students gathering for a peaceful teach-in."

The AAUP said it sent the letter to both Hartzell and the UT Faculty Council on Monday.

The letter demanded the following:

• Criminal charges be dropped against students and others
• Students not face disciplinary action at UT for the protest
• The university respects the First Amendment free speech rights of students and faculty

In a statement released following the protest on April 24, Hartzell said, “The protesters tried to deliver on their stated intent to occupy campus. People not affiliated with UT joined them, and many ignored University officials’ continual pleas for restraint and to immediately disperse.”

Hartzell said the university was prepared, “with the necessary support to maintain campus operations and ensure the safety, well-being and learning environment for our more than 50,000 students.”

In a university statement following Monday's protest, UT said 45 of the 79 people arrested on campus were not affiliated with the university.

Additionally, the university said “guns, buckets of large rocks and bricks” were confiscated during Monday's protest.

Texas State University Political Science Professor William DeSoto said no-confidence votes don't carry any legal or official power to remove officials.

"The appointments of university administrators are done by the Board of Regents," DeSoto said. "The board of regents are appointed by the governor, and so they must make decisions about campus administrators."

However, studies show they can lead to change.

The Chronicle of Higher Education looked at more than 230 no-confidence votes dating back to 1989. They found that a little more than half of presidents ended up leaving office within a year.

Ultimately, DeSoto said it speaks to the relationship between faculty and the president.

"This relationship is really important," DeSoto said. "When the relationship is broken, I think this is damaging."

Hartzell has also received significant support for his response to the protests, including from donors and the Board of Regents. Gov. Greg Abbott praised the move to prevent protesters from creating encampments on campus. Sen. John Cornyn, R-Texas, credited Hartzell's approach for preventing the levels of violence seen on other campuses.

"I suggest that these administrations take notes from my friend, UT Austin president Jay Hartzell, who has taken swift action to break up demonstrations before things turn violent," said Cornyn during a news conference in D.C.

Protest response differs on Texas campuses

There have been protests at other Texas colleges and universities, but not the same immediate police response seen at UT Austin, with a show of force from state, local and campus officers.

Internal memos we obtained from the university show leaders wanted "significant police presence" to prevent violent situations seen at encampments at other campuses around the country.

Jennifer Szimanski, Director of Public Affairs for the Combined Law Enforcement Associations of Texas, said information about the initial rally likely led to the large response.

"Deployment of this type of force is used when there is intelligence that is gathered... that there are threats to the university," Szimanski said.

Raneem, a UT student taking part in the protest told us the response surprised her. "I did not think we would be met with this much police presence, especially because all we were doing as students was expressing our First Amendment rights." She said protesters did not cause the conflict.

"All the violence and chaos... was incited by this institution and the police," she said.

Some Jewish students voiced support for the response, telling reporters they felt safer having the law enforcement on campus.

Dr. Roy Taylor, Chief of Capital Police in Raleigh, NC, says officers responding to a protest face a delicate balance.

"I would start out with officers in regularly attired uniform, so that we're not escalating the situation. We're not coming in in full riot gear and armored vehicles," Taylor said.

"It's not that the law enforcement officers or agencies want to be involved in it right away, but they do need to plan and be prepared," Taylor added.

Journalist accused of assaulting officer during protest

Police arrested 57 people during the protest at UT Austin on April 24. Only one person still faces charges from that day.

Austin photojournalist Carlos Sanchez was handcuffed while on the job. His camera was sending live pictures from the scene when he was pulled to the ground by DPS and arrested. Sanchez was charged with interference and misdemeanor assault.

According to the arrest affidavit, DPS reviewed body camera footage and accused Sanchez of disobeying "repeated commands" to "disperse." The affidavit said he intentionally lunged at a trooper "at least two times, striking him with the camera between his lower neck and head area."

An attorney for Sanchez denied the claims in the affidavit, saying he "inadvertently bumped" into the trooper. In a statement, the attorney wrote "we look forward to someone taking an unbiased look at the evidence and exonerating Mr. Sanchez."

The arrest sparked condemnation from more than 40 journalism and press freedom organizations. One of the fiercest critics is Ashanti Blaize-Hopkins, president of the Society of Professional Journalists.

"You have someone who has a 15-pound camera on his shoulder, his eye is in the eye scope, he can barely see what's going on around him... by the way, he's live streaming. I don't know a lot of people who intentionally, especially if they're a journalist, be filming live the action of committing a crime. It just doesn't make any sense," Blaize-Hopkins said.

She worries that the arrest could have a chilling effect on journalists covering protests.

"We have a constitutional right to be on the ground to be the first witnesses and the rough draft of history so that we can keep the public informed. Just let us do our jobs," she said.

DPS said in a statement that it understands a journalist's rights to cover events, and that the department works to protect those rights and to ensure that state law is followed. However, they believe that this incident was an assault.

Bill to define antisemitism passes U.S. House

Critics of the campus demonstrations claim some protestors are engaging in antisemitic behavior. But there are disputes over what antisemitism is, and is not. Some in Congress want to make the definition more clear.

The Antisemitism Awareness Act passed the House on Wednesday with bipartisan support. The vote came after Texas Republican congressman Michael Burgess helped push the bill through the House Rules Committee.

"Congress must clearly define antisemitism so universities are empowered to take appropriate and decisive steps to keep Jewish students safe and respond to exercises of speech that are so hostile and discriminatory that it's not covered by protections enshrined to the First Amendment," said Burgess during the committee hearing.

The bill aims to codify a definition of antisemitism in federal law. It relies on a definition of antisemitism established by the International Holocaust Remembrance Alliance.

If the bill becomes law, the Department of Education would have more leeway to enforce anti-discrimination laws. Supporters believe the measure gives college administrators more ability to protect students.

Opponents say the bill violates protesters' constitutional rights. Some lawmakers who voted against the bill raised concerns that criticism of the Israeli government could be considered antisemitic.

The bill now heads to the Senate.

UT officials called on DPS officers in riot gear, along with UT and Austin police departments, to contain the protest and prevent encampments. Law enforcement arrested 57 individuals on criminal trespass charges, all of which were dropped. 

“It was in light of what had happened in Columbia, for example, and Yale and other places around the country where the thing had really escalated and spun out of control,” said Texas Sen. John Cornyn in an interview with KXAN. 

“The University of Texas here in Austin wanted to make sure that while they respected the free speech rights of the protesters, as they should, that the rights of the students to pursue their education wasn't impinged upon, or that it didn't become violent. So I think they were very prepared,” he continued. 

The university argued the protest would have infringed on other students’ rights by disrupting the campus during finals. However, the arrests sparked frustrations about free speech protections among protestors.

Kevin Lawrence, with the Texas Municipal Police Association, said officers are trained to spot when a protest crosses the line.

“All rights under the Constitution are limited at the point where your exercise of that right infringes on the rights of other individuals,” Lawrence said. “Law enforcement officers are taught free speech stops to be free speech when it becomes disorderly conduct.”

JT Morris, a senior attorney with the Foundation for Individual Rights and Expression, said that action may amount to preemptive censorship. The organization advocates for First Amendment Rights.

“What the university should have done is warn the students ‘If you do engage in conduct that violates neutral, reasonable time/place/manner restrictions or you do engage in violence, then we will act.’ But they shouldn’t have tried to preempt and cancel a protest, what turned out to be a very peaceful process ahead of time,” Morris said.

Cornyn is one of 26 Republicans in the Senate to sign a letter to the attorney general and education secretary saying the government needs to take action to “restore order and protect Jewish students on our college campuses.” That letter came out one day before the protests on the UT campus.

“It's hard to generalize and say that everybody who's protesting Israel's reaction to the Hamas attacks is anti semitic, but certainly some of it is,” Cornyn said, “and I think it's important to make sure that people understand that this could spin out of control.”

In response to the protests’ calls for ceasefire, Cornyn said that’s unrealistic. 

“If there was a ceasefire, Israel would put down its arms, but Hamas would not,” he said. “It's important for people to be educated and informed about the whole picture and the context in which it is happening and not just looking at it like you're looking through a soda straw.” 

Last week, Congress passed a multi-billion dollar aid package for Israel, Gaza, Ukraine and Taiwan. Cornyn voted in favor of the bill. 

“We are whether we like it or not the indispensable leader to maintain world peace,” Cornyn said, “and we do that through our military strength and supporting our allies.” 

“History does have a way of repeating itself. I thought it was very important not to encourage Putin to continue his march across Ukraine, where I do not believe he will stop, and to prevent bigger regional and maybe worse conflicts,” he added. 

Cornyn is already mentioned as a potential Republican leader of the Senate after November’s elections. “I'd like to get the Senate back working again, to try to solve problems on a bipartisan basis and help move the country forward and hopefully make the rest of the country a little bit more like Texas,” Cornyn said. 

New national nursing home staffing rules face pushback

Vice President Kamala Harris announced an unprecedented rule requiring minimum staffing standards in nursing homes nationwide has been finalized, according to the White House.

In a news release on Monday, the White House said this rule will deliver on a promise from President Joe Biden's 2022 State of the Union "to crack down on nursing homes that endanger resident safety."

The finalized staffing standards appear to mirror the 2023 proposal from the U.S. Department of Health and Human Services through the Centers for Medicare & Medicaid Services (CMS). It will require any skilled nursing facility that receives federal funding through Medicare and Medicaid to offer 0.55 hours of care from a registered nurse to each resident every day, as well as 2.45 hours of care from a nurse aide. It will also require facilities to have a registered nurse onsite 24 hours a day, seven days a week.

"When facilities are understaffed, residents may go without basic necessities like baths, trips to the bathroom, and meals – and it is less safe when residents have a medical emergency," the White House release reads.

Harris made the announcement before a trip to Wisconsin, where she is expected to talk to nursing home employees about their work, according to the Associated Press.

The nursing home industry has been ringing alarm bells about staffing shortages – exacerbated by the pandemic – for years. Leaders in the industry complained the proposed standards would be difficult for facilities to meet.

At the time, CMS estimated approximately 75% of nursing homes would have to strengthen staffing in their facilities in order to meet the new standards. 

After Monday's announcement, the American Health Care Association (AHCA), which represents more than 14,000 nursing homes and other long-term care facilities, called the standards "unreasonable."

AHCA President and CEO Mark Parkinson said in a statement that "issuing a final rule that demands hundreds of thousands of additional caregivers when there’s a nationwide shortfall of nurses just creates an impossible task for providers. This unfunded mandate doesn’t magically solve the nursing crisis."

Parkinson also said he was "disappointed and troubled" to see the rule move forward, despite concerns from experts, stakeholders and lawmakers.

Earlier this year, the proposed rule change ignited pushback from a mostly Republican coalition of congressional representatives. U.S. Rep. Michelle Fischbach, R-Minnesota, filed HR 7513, a bill intended to thwart the U.S. Department of Health and Human Services from finalizing the rules for minimum staffing standards.

At a March hearing of the U.S. House Ways and Means Committee, Fischbach described the proposal as a “one-size-fits-all” mandate that many nursing homes -- particularly in rural areas -- would not be able to comply with.

“These facilities are already struggling to maintain their staffing levels and have an even harder time finding new staff to fill positions,” she said at the hearing. “But the Biden Administration simply does not understand the problem – which comes as no surprise, since they do not understand rural America.”

Since the White House has announced the rule's finalization, it isn’t clear what impact Fischbach’s law would have. Her bill, which was cosponsored by 19 Republicans and one Democrat, remains pending. The bill would need to pass the U.S. House and Senate and be signed by Biden to become law, according to congressional records.

U.S. Rep. Lloyd Doggett, D-Texas, has been supportive of implementing staffing standards and even led more than 100 other lawmakers to pen a letter encouraging CMS to strengthen the staffing requirements.

"While much more is needed to ensure sufficient care and resident safety, I am pleased that this represents some hope of better care for vulnerable nursing residents with complex medical needs," said Doggett following Monday's announcement. "I will continue to work with the more than 100 colleagues who joined me in urging stronger requirements to deliver the very best care to our aging and disabled family members.”

Nancy LeaMond, Executive Vice President and Chief Advocacy and Engagement Officer for AARP, called the final rule "long-overdue" and added that it will help protect skilled nursing residents' "basic rights."

In her statement, LeaMond said in part, "It is shameful that nursing homes receiving taxpayer dollars through Medicaid and Medicare haven’t been required to provide quality care through specific minimum staffing standards until now. Far too many residents and families have experienced tragic consequences because of poorly staffed facilities."

Texas failed to fully fund system flagging those who shouldn’t work with kids

On Megan Tabor's wedding day to Kasey Calvery, there was no way to anticipate the pain her husband-to-be would cause. Nearly two decades later, they're divorced — and he is at a state prison in Huntsville, Texas, convicted of sexually abusing a member of Tabor's family.

The girl whom Calvery abused came forward years after the abuse ended, and when she did, Tabor said it was to stop him from hurting someone else.

"It hit too close to home. She couldn't keep quiet anymore," Tabor said.

Her courage and a court filing in what became a criminal case against Calvery for continuous sexual abuse brought to light a history of misconduct stretching far beyond their family. It highlighted systemic issues with how Texas vets people who work around children and how, over the years, attempts to close the loopholes in Texas have fallen short.

Photo of Kasey Calvery from a family album (KXAN Photo)

In February 2023, Lampasas prosecutors filed a two-page letter listing allegations against Calvery dating back to his time as a firefighter in Longview, Texas. Years before he began teaching, the court filing showed the city of Longview forced Calvery to resign after a fellow firefighter accused him of touching her breast.

At his next job as a paramedic in Copperas Cove, court and personnel records show he was fired after he admitted to inappropriately touching a patient in the back of an ambulance.

As a result, Texas Health and Human Services emergency suspended his license in 2008, and a local reporter even wrote an article on the incident in the paper. The City of Copperas Cove declined to comment further because it was a personnel matter. 

Despite his past, court records show he went on to work around children. First, at a residential facility in Goldthwaite for boys and girls with emotional and behavioral problems called New Horizons. HHSC inspection reports show that at one point, he was banned from physically restraining the children there for 60 days and put on a corrective action plan.

Calvery then went to work as a behavioral intervention teacher at Lampasas Independent School District in 2012, and then as a special education teacher at Copperas Cove Independent School District until 2018. He was a special education teacher and coach at Ector County Independent School District up until an Odessa High School student reported sexual abuse in 2020.  

A grand jury in Ector County decided not to indict Calvery based on the report at Odessa High School, but news of the decision was the catalyst for Tabor's family member to go to police about her own abuse.

Calvery did not respond to the letter we sent him in prison, and his attorney did not provide a statement after several emails asking questions about his client.

Calvery’s work history underscores why, in recent years, Texas lawmakers have passed bills addressing the state’s issues with background checks that lead to bad actors gaining employment around vulnerable populations.

“Evil is always going to find a crack to try to slip through, and our job is to expose those cracks and then fix those cracks,” said Texas State Sen. Lois Kolkhorst, R-Brenham.

In 2023, on the heels of a backgrounding issue at a Bastrop residential facility for sex-trafficked teens, Kolkhorst's Senate Bill 1849 sought to create one search engine that allowed access to do-not-hire databases from the Texas Education Agency, Juvenile Justice Department, Health and Human Services and the Department of Family Protective Services.

The state requires school districts and other facilities that care for children to run background checks on employees. These checks can produce criminal records but don't clearly show state agency misconduct records and do-not-hire warnings. The search engine would allow employers access to one central repository to screen for red flags in a prospective employee's history.

But despite the bill's passing, the plan to create the search engine still has cracks. Disciplinary records on law enforcement officers kept by the Texas Commission on Law Enforcement are not set to be included. This means employers would potentially miss out on records showing whether a prospective employee is a former officer whose TCOLE license has been suspended or revoked over misconduct. The data would only be immediately available to schools or other police departments for hiring.

According to the agency, while HHSC’s Misconduct Registry will be accessible through the search engine, its licensing data will not. The licensing search was the only query that noted a disciplinary issue with Calvery until 2024. It showed the emergency suspension of Calvery’s EMT license in 2008 following the allegations that he inappropriately touched a patient.

“Yeah, that would be something that could be included, for sure,” Kolkhorst said. But it’s a fix she said will likely need to come from additional legislation.

“You’re kind of looking at, now, we’re going to spread 1849 out," Kolkhorst said.

Although some of this data, including HHSC’s license search, is available online, many school districts and other employers in child settings limit their searches and reference checks to the work history provided by a job candidate. In the case of Calvery, Ector CISD officials said he left several of his previous work experiences off his resume, including his time at Longview Fire Department, Copperas Cove Fire Department and New Horizons.

That's the main problem the search engine aims to fix by creating one central repository for employers to search a name and see results from multiple agencies’ misconduct records; even those the employer is not aware of would have records on the candidate.

KXAN found the legislation is also facing funding challenges. Officials with Texas Health and Human Services told KXAN that additional legislative resources during the next session would be necessary to implement SB 1849 and start using the search engine.

The Department of Information Resources, or DIR, is tasked with designing the search engine. Lawmakers appropriated $8 million in the last regular session for the project. Kolkhorst said the search engine is projected to cost between $17 million and $23 million.

“They said, 'here’s the seed money […] because it won’t be accomplished if we put the full amount in upfront, you know, it’ll sit idle,'” Kolkhorst said. “I know that all of us have a commitment. I believe Senate Bill 1849 was unanimous, and it will be funded, and it will be fully funded and operational.”

The law requires DIR and all the participating state agencies to enter a memorandum of understanding, specifying each agency’s roles and duties in establishing and maintaining the database. However, nearly eight months after the bill became law, agency officials say they have not signed an agreement.

The memorandum is being drafted, but according to DIR officials, it will not be finalized until after the assessment and work plan are completed to determine each agency’s roles and responsibilities.

In April, Lt. Gov. Dan Patrick added SB 1849 to the list of issues he wants lawmakers to study and recommend improvements before the next legislative session.

Both Kolkhorst and Sen. Paul Bettencourt already vowed to file new legislation that adds school contractors to the list of school personnel that the Texas Education Agency can investigate. Problem contractors could then be added to the agency’s Do Not Hire list and subsequently to the anticipated search engine.

Education Commissioner Mike Morath highlighted his agency’s inability to compel school districts to report contractors for alleged misconduct in a letter to Bettencourt. He wrote it following KXAN’s investigation into a non-profit tutor who was able to get an assignment at an Austin Independent School District high school. Records show that, at the same time, TJJD was investigating him for sexual misconduct.

Kolkhorst said the search engine needs to be available to school districts immediately but added it will likely not be operational until fall 2025. HHSC officials said in hearings on SB 1849 that the search engine will be released in phases. In the first phase, the TEA, DFPS, HHSC, and TJJD will have access to the search engine. Access will be expanded in the second phase.  

Calvery is set to be in prison for 25 years, but while he is imprisoned, and likely still when he gets out, his name will be in the TEA's Do Not Hire database. The agency added his name and revoked his teaching certificate after he was convicted in August.

Records of Calvery's misconduct are scattered and fragmented across the state. Many documents reflecting Calvery's work history have been purged from the city, school districts and facilities where he used to be employed because of the state laws dictating how long records must be stored.

Copperas Cove ISD officials said it purged district files on Calvery in September 2023, a month after providing his records to KXAN in a public information request. The district said the purge was due to the district’s retention schedule. In response to our follow-up questions about the personnel file we obtained and Calvery's time at the district, officials said they could not respond because they no longer had the documents in their possession.

New Horizon officials said they no longer have records on Calvery and, therefore, can't talk about him because of how long ago he worked there. The program administrator said the state only requires facilities to maintain records for a year after an employee's last work date.

If not for his conviction, records on Calvery's history would have likely faded out of the public record entirely, widening the blind spots for those entrusted with protecting the most vulnerable.

Initiative aims to boost mental health care in Uvalde and surrounding area

Gov. Greg Abbott announced on Monday a $34 million initiative aimed at bolstering mental health services in Uvalde.

Construction for a new behavioral health campus in Uvalde is expected to begin later this year, according to a press release from the governor's office. The project aims to help children and adults grappling with mental health crises in Uvalde and across 32 counties in the surrounding area.

The proposed facility will include a 16-bed crisis unit for adults and a dedicated wing for youths, featuring a 16-bed crisis unit tailored for children and adolescents. The focus of the campus will be on crisis stabilization and providing round-the-clock support to individuals undergoing mental health emergencies. Additionally, the facility will serve as a designated 24/7 diversion center, welcoming walk-ins and individuals referred by law enforcement agencies.

"Our communities thrive when Texans feel safe and healthy, and the State of Texas remains steadfast in its efforts to broaden the reach of essential mental health resources," Abbott said in a statement.

Former Uvalde mayor Don McLaughlin said the need for this facility long preceded the May 2022 mass shooting in their community, in which a gunman killed 19 children and two teachers. A House Committee investigative report on the shooting found the gunman had a history of mental health issues and missed warning signs.

"We have no help in rural Texas for it, not just in Uvalde but all over rural Texas," he said. "Right now, if the county judges have someone that they have to deal with or seek to get help, or to be evaluated — we've had a drive away as far away as Texarkana, Texas to find the bed."

McLaughlin said he has spent the last nine or so years advocating for more mental health resources in Uvalde or surrounding counties.

Dr. Bob Cuyler — the chief clinical officer of Freespira Inc. — applauded the state's effort in building this center, stressing the importance of crisis intervention when it comes to preventing an indivudal from harming themselves or others.

"There's sort of a magic moment where many times you can intervene rapidly and help stabilize a crisis so that it may not turn into a need for an extended hospitalization," he said. "That's not always the case. But it was an award winning and tremendous service for kind of a similar demographic in East Texas to the counties around Uvalde."

Cuyler said his biggest concern for the project is finding adequate staffing for these facilities, suggesting a hybrid of in-person treatment and telehealth for certain types of care could help with staffing.

"It's a lot easier to build buildings than it is to staff with mental health professionals. It is a real challenge to recruit mental health professionals to rural areas, I don't know to what extent they may use, you know, telemedicine as part of their staffing solution," he said.

The project is set to be operated by Hill Country Mental Health and Developmental Disabilities Centers under a contract with the Texas Health and Human Services Commission.

The City of Uvalde has allocated seven acres of land at U.S. 90 and King Fisher Lane to accommodate the campus, which will include two different buildings, spanning approximately 50,000 square feet.

During the 88th Legislative Session, Abbott signed House Bill 1 and Senate Bill 30 into law, earmarking $33.6 million for the construction of the Uvalde Behavioral Health Campus. An additional $5 million was allocated for the facility's inaugural year of operation.

The new behavioral health campus is scheduled to open its doors in the summer of 2025.

Last week, U.S. District Judge Janis Jack found Texas in contempt of court for violating two of her previous orders in the longstanding lawsuit.

Attorneys representing Gov. Greg Abbott and leadership at the Health and Human Services Commission and the Department of Family and Protective Services then asked for a stay, arguing their clients “have worked tirelessly to safeguard the welfare of the children in their care” and to comply with the court’s orders. The 5th Circuit appeals court granted their request. 

Jack has criticized the state’s handling of the system in various hearings over the years — particularly over the number of children without placement, known as CWOP: kids who were sleeping in hotels, rentals, and at one point, state office buildings.

Houston-based human rights advocate Dr. Candice Matthews provided KXAN with a first-hand account from a child who described living in one of the state’s unlicensed placements with broken walls and a lack of food.

“They don’t give us nothing. Rotten food, molded food in the fridge,” they said. 

Matthews said she and other advocates visited two CWOP locations in Austin on Friday, April 5. She showed KXAN pictures of an empty refrigerator she said were taken that day, as well as a video interview with a child living at one of these locations.

“What really got us was when you actually put your eyes on it,” she said. 

Matthews said she was contacted by at least 30 children who had spent time recently in CWOP locations.

In 2011, a federal lawsuit was filed against the state of Texas over the treatment of children in its care, and Judge Jack found the system unconstitutional — saying children regularly left the system more damaged than when they entered.

The description mirrors similar conditions in several rental facilities in Bell County that were pictured in a report filed last fall by the court-appointed monitors in the federal lawsuit.

“What the videos show are the living quarters of active youth and their CPS caseworkers. As the videos also selectively show, multiple caseworkers and DFPS employees are assigned to each CWOP location, with groceries, snacks, and meals provided by CPS. For example, in one of the videos, a caseworker is heard commenting on a pending HEB grocery delivery. All are checked for food and cleanliness by CPS staff,” said a spokesperson for the Department of Family and Protective Services (DFPS) in a statement. 

Monday’s order marks the judge’s third contempt finding against the state and focuses on how HHSC investigates complaints of abuse and neglect.

The state, however, continues to point to its progress and the “extraordinary measures” taken to comply with the judge’s orders so far. In February, it asked the court for relief in the case, arguing it was 90% compliant with at least a dozen of the judge’s remedial orders.

DFPS told KXAN that as of Monday, April 8, there were 15 children without placement counted across the state, the lowest number since 2021.

The appeals court gave the attorneys representing the children in the case until Monday, April 22 to file a response. After that, the state’s attorneys have until Wednesday, April 24 to reply.

Finance reports show Allred outpacing Cruz in campaign cash

Dallas Congressman Colin Allred raised more than $9.5 million in this year's first quarter, outraising U.S. Sen. Ted Cruz in the race for his seat.

This year, Cruz has raised $6.9 million in the first quarter, according to new filings with the Federal Elections Commission.

Allred is also surpassing the numbers Beto O'Rourke was bringing in at this stage of his campaign in 2018 when the El Paso Democrat ran the most competitive statewide campaign for his party in decades. During the first quarter of 2018, O’Rourke raised over $6.7 million in his race against Cruz but ultimately lost.

"He had the most money of anybody running for Senate that year. And he spent it down to near zero. And he still came up short," said Brian Smith, a politics professor at St. Edward's University.

During the entire cycle, O'Rourke raised more than $80 million, setting records for fundraising in a senate race. His fundraising skyrocketed months before the general election in 2018, raising more than $38.1 million in the third quarter — a record-breaking amount for a senate campaign.

O'Rourke spent almost all of that money, ending with $477,000 in the bank and a 3-point defeat by Cruz.

"You have to spend a ton of money simply because the great size of the state, traveling around the state is not free," Smith said. "And the number of voters who vote is a lot, but the number of voters who don't vote is an equal amount. Trying to motivate those people is going to cost a lot of money."

In a statement, Cruz campaign spokesperson Nick Maddux said Texas' junior senator is off to a "very strong start" in fundraising.

"His quarter-one fundraising numbers reflect Texans' urgency for victory as Democrats threaten to strip away our common-sense way of life," Maddux said. "Senator Cruz will continue to pound the pavement day in and day out, meeting and talking to Texans in every corner of the state to Keep Texas, Texas, and ensure that we remain the nation's bastion of liberty."

Allred supporters acknowledge that O'Rourke helped create excitement for national Democrats about the prospect of finally winning a statewide office in Texas, but say Allred has secured confidence from donors.

Matt Angle — founder of the Lone Star Project, a PAC devoted to electing Texas Democrats — believes Allred has established himself as someone who can beat Cruz. Angle and his PAC have contributed to the Dallas Democrat's campaign for senate.

"In Texas, the first hurdle you have to overcome is confidence with donors that you've got a chance to win," he said.

Angle said part of his confidence in the campaign comes from Allred's 2018 race when he successfully beat out a longtime Republican incumbent U.S. Rep. Pete Sessions.

"I think that Colin has reestablished that momentum I think that went away a little bit in 2022, when Beto underperformed," Angle said. "And I think if Collin's building on any fundraising success, it's his own when he ran and won a Republican seat for Congress in 2018. So I think you've got to give Colin credit for doing this."

Allred has raised nearly $30 million since his launched his campaign in May 2023. Those come from $27.9 million since launching his campaign last May, with the average donation totaling $34.75 coming from 285,000 unique contributions.

Cruz had over 179,000 individual contributions this past quarter, averaging $35.73 per donation. Across multiple fundraising operations, like his own PAC, he has over $15.1 million in cash on hand.

With few competitive senate races nationally this cycle, political analysts say states like Texas are obvious choices for national donors.

"Spending money in Texas is a wise investment because spending it elsewhere isn't going to matter," Smith said.

CHIPS Act brings billions for Samsung's semiconductor plant in Taylor

Samsung will receive up to $6.4 billion in federal funding for its semiconductor manufacturing plant in Taylor, as part of Congress' $52 billion CHIPS and Science Act meant to bolster American semiconductor manufacturing.

At the Samsung plant in Taylor Monday, U.S. Commerce Secretary Gina Raimondo announced the investment surrounded by leaders from the Korean company and a bipartisan pair of Texas congressmen.

"This investment will quite literally transform Central Texas," Raimondo said. "It's going to support a comprehensive, diverse, leading-edge manufacturing ecosystem here in Central Texas."

Semiconductors, also known as chips, are materials essential to electronic devices. They power everything from computers to cars and military operations systems.

The Biden administration said Samsung and the U.S. Department of Commerce reached a preliminary agreement about the grant from the CHIPS Act, and that Samsung is expected to invest more than $40 billion in the region in the coming years. This investment is expected to generate 21,500 jobs.

U.S. Rep. Michael McCaul, R-Austin — who co-authored the CHIPS Act with Sen. John Cornyn, R-Texas — said this major investment in semiconductor production in the United States will be paramount in America's ability to remain competitive globally.

"I can't tell you what a big step forward this is, in terms of independence and the fact it's made in America. It's great for the economy and business," McCaul told Nexstar. "I compare it to the Manhattan Project after World War II. What we're doing today will make a difference in the great world competition that we have, particularly with China."

In 2021, Samsung announced that it would be investing $17 billion to create a chipmaking plant in Taylor. The facility will be nearly 11 million square feet across almost 1,300 acres, a major footprint in the city of just 17,000 people -- but it's impact will reverberate worldwide.

Rep. McCaul and Sen. John Cornyn led the CHIPS Act through Congress after COVID threatened U.S. access to chips, identifying a need to to boost domestic manufacturing of the technology. McCaul said the industry is concentrated in Taiwan, which is under threat of invasion by China.

"If that ever occurred, they would either own or break this national security asset," McCaul said. "We have to be more self-reliant on this critical national security asset."

The CHIPS Act allocated more than $50 billion to build similar facilities nationwide.

New psychological report calls for more protections for kids on social media

The American Psychological Association (APA) is calling on social media platforms to create “special protections” to help offset the negative effects of social media usage for children and teenagers.  

A new study from the APA found people under the age of 25 have more vulnerabilities that social media companies may take advantage of. This includes responses to social feedback, relationship skills, malicious actors and the need for sleep. 

“Platforms built for adults are not inherently suitable for youth,” the study says. “Social media use, functionality, and permissions/consenting should be tailored to youths’ developmental capabilities.”

State Rep. Shelby Slawson, R-Stephenville — who authored and passed the SCOPE Act during the last legislative session — said parents cannot bear all of the responsibility when it comes to oversight of social media for kids.

"Our children's attention span is a commodity for these platforms. And they, unfortunately, have a financial incentive to maximize that attention span," she said. "I think we've seen clearly that if government doesn't try to intervene on the behalf of our children, the industry isn't inclined to do anything outside of what serves a profit motive."

The SCOPE Act, which stands for "Securing Children Online through Parental Empowerment Act" goes into effect in September. It aims to protect minors from potentially harmful content on social media platforms. It gives parents and guardians more tools for shielding their kids from “addictive algorithms” and prevents social media companies from collecting private information about minors.

"We have a population of citizens who are not mature enough — intellectually, emotionally, developmentally — to handle some of some of the effects that social media has created," Slawson said.

According to APA, children and teenagers lack a strong ability to control impulses, which often leads to “infinitive scroll,” and distraction. 

“The lack of time limits on social media use similarly is challenging for youth, particularly during the school day or at times when they should be doing homework,” the report says. 

Difficulty to put screens away can lead to a lack of sleep, which researchers say has greater developmental consequences. It cited using social media too late at night as “the predominant reason” teens get less than the recommended amount of sleep. 

The report calls on lawmakers and social media companies to change platform features and policies. `

Brooke Shannon, an Austin mother of three, decided not to allow her kids to have smartphones until at least eighth grade. She and her husband only just allowed their oldest to get social media, and they use parental controls to only allow 30 minutes of usage on one app each day.

"A lot of parents will say, 'Well, aren't you worried about your kids being left out?'" she said. "And it's so ironic to me because when we say yes to social media, we're giving them a device that showing them in a million ways how they're being left out."

It's why Shannon founded "Wait Until 8th," an organization that encourages other parents to take a pledge to do the same.

"Somewhere between third and sixth grade, the peer pressure is on and people start caving. And that was why so many kids had phones," she said. "But what if we came together and said, 'we're not going to do this together.' Would that make a difference? And that was how the pledge started."

Shannon said there are a variety of ways parents can make sure their children stay safe online. Their website offers this six-step "game plan" for parents:

1. Disable your child’s ability to download and delete apps from the app store in the settings of your child’s phone. Learn how to disable app downloading and deleting here.
2. research the app before allowing your child on the field.
3. Adhere to the age recommendation provided in the app review.
4. Talk to your child about the app’s potential challenges and risks. Discuss how your team will keep the app in check.
5. Start with one app at a time. New players to social media especially need to demonstrate maturity before downloading additional platforms. Granting access to Snapchat and Instagram at the same time will be too much for you and your player.
6. Monitor how your child is using the app. Don’t hesitate to suspend the app if your child is struggling with it. Enlist Bark if you need help monitoring texts, email, YouTube, and 24+ social media platforms for signs of potential issues.

She also encourages parents to get "dummy" smartphones if they want easy ways to communicate with their kids but without all of the capabilities of calling and texting anyone, as well as downloading social media apps.

"You don't need to get them a fancy iPhone for them to be able to call you when they're done with soccer," she said.

Shannon applauds legislative efforts like Slawson's but believes more reforms need to be passed. The Republican representative said she is eager to see what the House speaker outlines for interim charges while Texas lawmakers are not in session but said she is interested in expanding on protections for children online.

In his list of interim charges for the Senate, Lt. Gov. Dan Patrick said he wants senators to monitor the implementation of Slawson's legislation, as well as continue looking into "unfair trade practices" by certain digital services and devices, and consider the "use and transfer of electronic devices" to students in Texas public schools.