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Texas Legislature Monthly Report September 2018

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Texas Legislature Monthly Report September 2018 Texas Legislature Monthly Report September 2018 SENATE: Special Election Run-off in Senate District 19 - Retired Game Warden Peter Flores increased the Republican majority in the Texas Senate by winning the September 18, 2018 Special Election Run-off to fill the unexpired term of Senator Carlos Uresti. Uresti was found guilty in federal court on February 22, 2018 of 11 counts of fraud and was sentenced to 12 years in federal prison on June 26, 2018. Here are the results: • Peter P. Flores - 23,576 votes/52.99% • Former Congressman Pete Gallego - 20,911 votes/47.0% Senator Uresti resigned his Senate seat effective June 21, 2018. Senator Uresti’s unexpired term runs through 2020. This win for the Republicans increases their Texas Senate majority to 21-R’s/10-D’s. Peter Flores will be sworn in as the newest member of the Texas Senate on October 12, 2018. On September 28th, he announced his chief-of-staff will be Harold W. Stone, who was most recently Director of Inter-Governmental Relations at the Texas Parks and Wildlife Department, where he previously served as Legislative Liaison. Prior to that, Stone spent over a decade working for the Texas Senate Finance Committee, including for former Senators John Montford and Bill Ratliff. He holds a Master of Public Administration and a Bachelor of Arts from Texas State University. HOUSE: Representative Four Price Running for Speaker - On September 6, Rep. Four Price announced his candidacy for Speaker of the Texas House of Representatives. Announced candidates for Speaker of the Texas House: • John Zerwas (R-Fulshear), • Phil King (R-Weatherford), • Tan Parker (R-Flower Mound), • Travis Clardy (R-Nacogdoches), • Eric Johnson (D-Dallas), • Drew Darby (R-San Angelo), and • Four Price (R-Amarillo) ENVIRONMENT: Texas Commission on Environmental Quality – On September 4, Governor Abbott named Jon Niermann chair of the Texas Commission on Environmental Quality. The commission protects the state's public health and natural resources consistent with sustainable economic development. 1 Jon Niermann has served as a commissioner since September 2015. Previously, he served as chief of the Environmental Protection Division in the Texas Attorney General’s Office, and as an attorney at Baker Botts, L.L.P. He is a member of the Western States Water Council and the Good Neighbor Environmental Board. Niermann received a Bachelor of Arts from the University of California, Santa Barbara, and a Master of Business Administration and a JD from the University of Oregon. State Water Implementation Fund Advisory Committee – On September 25th, Lt. Governor Patrick announced the appointment of Senator Lois Kolkhorst to the State Water Implementation Fund for Texas (SWIFT) Advisory Committee. The SWIFT Advisory Committee makes recommendations to the Texas Water Development Board regarding the use of money in the state water implementation fund. It reviews the overall operation, function, and structure of the fund and provides recommendations to the board. Senator Kolkhorst replaces Sen. Craig Estes who will not be returning in the 2019 session. PRIVACY: House Select Committee on Cybersecurity – On September 26, the House Select Committee on Cybersecurity took up its interim charges on: Election Security - The state of election security in Texas. Keith Ingram, Director of the Elections Division of the Texas Secretary of State’s office said that HB 8 from last session requires his office to conduct a study of vulnerabilities and risks for a cyber-attack against the election systems themselves at the county level, as well as the statewide electronic voter registration database. He said, “I am pleased to report that there have been no documented cyber-attacks - successful or otherwise - on our voting systems, our voter registration systems, or our election infrastructure in Texas.” He discussed four areas of election infrastructure: Public Facing Websites – He talked about the public facing websites that the state and the counties have. It is important that these websites remain available and that they provide accurate election information to the voters throughout the process. These websites are housed with state-of-the-art security, in a format which is scalable in real time as demand for the site increases closer to the election, and especially on election day. His office is making available comprehensive Election Security Assessments, which assess various components of county election security, available to all 254 counties. Candidate Management, Election Returns, and Canvassing - The candidate management, election night returns, and canvass piece are currently managed in-house at the Secretary of State’s office. They are in the process of implementing multi-factor authentication on these programs, and it will be in place before this election. These programs are segmented from one another in different programs. The goal is to upgrade to one sustainable, secure end-to-end system – from candidate filing through the canvass of the general election, and his office is currently exploring options to do so. He clarified that the reporting of unofficial election results online is different from actual election results. If a 2 malicious actor were to manipulate posted vote totals or if there were a DDOS attack on the website reporting the attack, the actual results would not be affected. There are contingency plans to record vote totals in another format that can be projected to the public and reported from by media. Statewide Electronic Voter Registration Database - The statewide electronic voter registration database contains personal information of Texas voters. It is accessed by approximately 2200 users through a web interface. As such, it may be more vulnerable to hacking attempts than the actual voting equipment. But, he repeated, “we have had no attempted or successful cyber-attacks on the Texas statewide electronic voter registration database.” He added that his office is “clear-eyed about the fact that such attacks could be possible, and we are taking every step possible to ensure that any such attack would be unsuccessful.” His office has instituted multi-factor authentication for all of the users who have access to the web application for the statewide electronic voter registration database and has encrypted the data itself. Texas was one of the first states to obtain a federally-funded Albert Sensor on the VR database to monitor traffic. If anything malicious is detected, the information will be shared so that other states can take appropriate precautionary measures to protect their elections infrastructure. Voting Equipment - The voting machines themselves are never connected to the Internet. The computers that program the voting machines and tabulate the results are never connected to the Internet. And, the voting machines and the computers are kept under strict physical security with limited access between elections. All of this election equipment is owned by the county and kept by the county for use in elections. The Election Code and the Secretary of State’s office prescribe security procedures for the equipment. Those procedures include locks, tamper-evident seals, and chain of custody protocols to ensure that the equipment has not been tampered with – both between and during elections. Voting machines cannot be used until they have achieved a score of 100% on these tests. The testing of the tabulation equipment is repeated immediately prior to counting votes and immediately following the counting of ballots. The committee also heard from Travis County Clerk Dana DeBeauvoir about the STAR-Vote electronic voter system with a paper trail that allows voter verification, which Travis County is in the process of implementing. PUBLIC EDUCATION: House Public Education Committee Recommendations on School Safety - On September 4th, the House Public Education Committee released its preliminary report on school safety. House Public Education Committee Chairman Dan Huberty said, "As we look for ways to improve school safety, we need to find a balance between making campuses safe but also healthy learning environments. Our students deserve to have schools where they feel safe but not imprisoned. The state can assist these efforts by providing resources for more school counselors and increased student access to mental health services, in addition to campus safety improvements and increased law enforcement or school marshals. In the long run, we are better off spending resources on trying 3 to prevent such tragedies rather than just being prepared for the next one to happen.” The report recommends that the Legislature provide funding for initiatives to improve school safety including: • Increasing the number of counselors, psychologists and social workers available to students; • Increasing the amount of training received by school personnel, including threat assessment, mental health first aid and training related to emergency operations; • Studying communication interoperability among schools, law enforcement and first responders; • Improving the integration of mental health services and student access to these services, especially in underserved areas. The committee also recommended statutory changes related to school safety including: • including of mental health and character education in state curriculum guidelines and • expanding of certain existing requirements to include charter schools. Long-Range Plan for Public Education – On September 11, the State Board of Education adopted a new Long-Range Plan for
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