Texans Filing Unemployment Claims Increased
In Texas, more than 117,244 people applied for unemployment claims last week, an increase of 21.4% compared to the week before.
Number of Texans filing unemployment claims increased for second week in a row as 117,244 sought benefits
"Number of Texans filing unemployment claims increased for second week in a row as 117,244 sought benefits" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
As Texas experiences a surge of coronavirus infections, more than 117,244 people applied for unemployment claims last week, an increase of 21.4% compared to the week before. It was the second week in a row that the number of claims rose.
Since mid-March, nearly 2.8 million people have filed for unemployment benefits in Texas. The peak of unemployment claims came in early April, when more than 315,000 Texans applied for the benefit in a single week. During June, as businesses reopened, the demand for unemployment benefits decreased, but it was still more than five times larger than the number of applications than during the same month last year.
"The numbers are much lower than in March, but they are rather alarming and they coincide with the increase of coronavirus cases," said Sarah Zubairy, associate professor of economics at Texas A&M University. "Even if you open the restaurants, bars and gyms, this virus will be on the loose and it will affect how people are deciding to engage with the economy."
The overall unemployment rate for June is scheduled to be published next week. Texas’ unemployment rate hit an all-time high of 13.5% in April, according to the U.S. Bureau of Labor Statistics. In May, the unemployment rate slightly fell to 13%. But the forecast for the coming months remains unclear.
"Governments are responding, so hopefully we will see improvements, but because of the coronavirus expansion, things are still very uncertain," Zubairy said.
Before the COVID-19 pandemic, the state’s worst-ever monthly unemployment rate was 9.2% in November 1986, as Texas reeled from the last big oil bust. Later, during the Great Recession, the unemployment rate in the state never surpassed 8.3%.
The state’s unemployment rate is the share of Texans in the labor force who are out of work. The unemployment rate is different than the raw number of people filing for unemployment insurance because some of those filers are still employed but have been furloughed or had their hours cut.
Disclosure: Texas A&M University has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/09/texas-unemployment-claims-coronavirus/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
International students at Texas universities can’t return without in-person classes
U.S. Immigration and Customs Enforcement announced that nonimmigrant F-1 and M-1 visa holders in the United States under the Student Exchange Visitor Program will not be allowed to enter or stay in the country if they are attending American schools that will offer only online classes this fall.
“It’s insane that this is not even up to me”: International students at Texas universities can’t return without in-person classes
"“It’s insane that this is not even up to me”: International students at Texas universities can’t return without in-person classes" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
When University of Texas at Austin senior Stephanie Flores-Reyes checked her fall course schedule earlier this week, she was shocked to see all five of her classes were slated to only be online. But as an international student from Mexico who spends the school year here on an F-1 student visa, it could suddenly be problematic for Flores-Reyes to be enrolled only in classes that meet online because of the coronavirus pandemic.
On Monday, U.S. Immigration and Customs Enforcement announced that nonimmigrant F-1 and M-1 visa holders in the United States under the Student Exchange Visitor Program will not be allowed to enter or stay in the country if they are attending American schools that will offer only online classes this fall. Instead, they must either transfer to a school with in-person instruction or “potentially face immigration consequences," according to a release.
For students attending schools with hybrid plans, the category most Texas universities will fall under as they forge ahead with a mixture of in-person and online classes this fall, colleges must certify to ICE that the students are enrolled in the minimum number of classes required to progress through their degree plans at a normal speed — and that they are "not taking an entirely online course load" this fall.
Flores-Reyes chose her courses carefully in order to graduate on time next May. She doesn’t want to budge from her schedule, which could potentially delay her degree progress, but having all online classes means she can’t return to the U.S.
"It's insane that this is not even up to me," Flores-Reyes said. "I can't make those decisions. If I'd known, obviously I would have chosen in-person classes."
On Wednesday, Harvard University and the Massachusetts Institute of Technology filed a lawsuit against ICE and the Department of Homeland Security, seeking a temporary restraining order against the policy. Harvard announced its move to full online instruction for the 2020-21 academic year earlier this month. No Texas university has yet said it has similar intentions.
ICE's new guidance drew heavy criticism from education groups.
"We urge the administration to rethink its position and offer international students and institutions the flexibility needed to put a new normal into effect and take into account the health and safety of our students in the upcoming academic year," the American Council on Education said in a statement.
The move also has some higher education experts worried about what will happen if more classes get pushed online, even if a school is designated to be hybrid.
“The online-only rule is a good one, if it allows international students to enroll, take classes and not have to come to campus,” said Michael Olivas, the former director of the University of Houston’s Institute for Higher Education Law. “But ... there’s a tidal wave of online classes coming our way, to hybrid schools. And if the international students that are here have to return to their home country midway, that’s going to be bad.”
Olivas said the hope is that if universities transition to online-only classes midway through the semester, ICE will be flexible and implement special-circumstance rules similar to those that helped the same group of students when the pandemic swept the country earlier this year.
But Student Exchange Visitor Program documents indicate that may not be the case.
“If a school changes its operational stance mid-semester, and as a result a nonimmigrant student switches to only online classes, or a nonimmigrant student changes their course selections, and as a result, ends up taking an entirely online course load, schools are reminded that nonimmigrant students ... are not permitted to take a full course of study through online classes,” the new guidance reads. “If nonimmigrant students find themselves in this situation, they must leave the country or take alternative steps ... such as transfer to a school with in-person instruction.”
ICE's decision could potentially alter fall plans for thousands of international students in the state. At UT-Austin alone, there are more than 5,000 international students, according to the school’s international office. Spokesperson Fiona Mazurenko said in an email that staff members are working to respond to and support students with the limited information they have received, but declined to comment on how situations like Flores-Reyes' would be handled.
"We continue to advise all F-1 students to enroll in classes designated as in-person or web-enhanced," Mazurenko said in the email.
The University of Texas at Dallas and the University of Texas at El Paso also said they would work with each international student to make sure that their course schedule meets federal requirements for F-1 visas. Texas A&M University said it was monitoring the situation and would update students as more information became available.
On Wednesday, University of Houston President Renu Khator said in a tweet that the university would work with international students to support their education.
"As a university with global footprint, we deeply value what international students bring to our classrooms, research labs and to the campus in general," she said.
Some Texas faculty members are considering taking matters into their own hands. David Arditi, a sociology professor at the University of Texas at Arlington, said he would do an independent study course for international students so that they could have the requisite in-person instruction required to stay in the country.
Arditi said he would not be compensated for the independent study course. He views this as a necessary way to protect international students – an "already vulnerable" group.
"In normal circumstances, I'm protective of my time," Arditi said. "But this is a horribly repressive system. ... We have to step up and find alternatives."
Flores-Reyes would prefer to return to Austin, where she rents an apartment still stuffed with her belongings. She hasn’t been able to cross the border to retrieve anything since she fled in March to Nuevo Laredo.
Now she is looking to speak with her international adviser to plan her next steps, all while dealing with an unfamiliar set of constraints.
"I had no idea this was going to happen," Reyes-Flores said. "Now is not the time to be enforcing these rules."
Disclosure: Texas A&M University, the University of Houston, the University of Texas at Arlington, the University of Texas at Austin, the University of Texas at Dallas and the University of Texas at El Paso have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/08/texas-international-students-college-classes/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
GOP runoffs for the Texas House
Texas Republicans are set to soon finalize their nominees for three state House seats that will likely be competitive in November.
In GOP runoffs for the Texas House, viability in November is a leading concern
"In GOP runoffs for the Texas House, viability in November is a leading concern" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Republicans are set to soon finalize their nominees for three state House seats that will likely be competitive in November, races that have elevated debates over who is the most viable for the general election.
With the Tuesday runoffs, the GOP will select nominees to take on two Democrats who flipped seats in 2018: Reps. Vikki Goodwin of Austin and Erin Zwiener of Driftwood. Republicans will also make their pick for the seat of retiring Rep. Rick Miller, R-Sugar Land, who saw an unexpectedly close race two years ago.
Top Republicans are especially focused on the runoffs to challenge Goodwin and fill Miller’s seat as Democrats hope to flip the House for the first time in roughly two decades. In the primary, Gov. Greg Abbott endorsed a candidate to replace Miller, former Fort Bend County GOP Chair Jacey Jetton, while the governor more recently picked sides in the runoff to take on Goodwin, backing Austin police officer Justin Berry. Last week, the Republican State Leadership Committee, a national group focused on state legislative races, endorsed Jetton and Berry and announced it would help them as part of a $200,000 investment across five Texas House runoffs.
Campaign finance reports released Tuesday show that Berry and Jetton easily outraised — and outspent — their runoff opponents over roughly the last three and a half months, with Berry ending the period with more cash on hand than his rival. Abbott's campaign pitched in $37,000 in in-kind contributions for Berry and $34,000 for Jetton.
“Our thought is we need to get candidates who have real-world experiences different than the average candidate and people who have the communication skills and the policies and the personality that can get them to reach out to win independent, swing, voters in the fall,” said Dave Carney, Abbott’s chief political strategist. “It’s always the idea to get the best nominee out of the primary for these seats.”
In addition to the Republican runoffs for the Goodwin and Miller seats, Carrie Isaac and Kent “Bud” Wymore are facing off to take on Zwiener. Isaac, executive director of an Austin-based nonprofit and wife to former state Rep. Jason Isaac, R-Dripping Springs, got close to winning outright in the three-way March primary, garnering 48% of the vote to Wymore’s 41%.
While Isaac and Wymore, former chair of the Hays County Republican Party, duked it out in the primary, the runoff has been quieter, and GOP leaders and groups seem less concerned with who emerges as the nominee against Zwiener than they do in the districts held by Goodwin and Miller.
Still, the theme of viability in November has at times surfaced in the race. In a recent email to supporters, Isaac pointed to her list of endorsements from elected officials, saying “they know I’m the strongest candidate that gives us the best chance to win in November" to work on cutting property taxes and securing the border, among other things.
Like Berry and Jetton, Isaac also posted a significant fundraising advantage in her runoff Tuesday, easily outraising and outspending Wymore and entering the final week with more in the bank.
In another Austin-area House seat, Berry and Austin attorney Jennifer Fleck are facing off for their party’s nomination to take on Goodwin. Berry advanced to the runoff after earlier results had the candidate finishing third, and thus missing the overtime round, by just one vote.
Since that March contest, the contrast between Berry and Fleck has sharpened considerably, with Berry’s campaign seizing on what Fleck has said and done during the coronavirus pandemic. In mid-March, as the virus was hitting the state, Fleck traveled to the beach for what she characterized on social media as an already-planned spring break trip with family. Then, in April and May, Fleck attended rallies in Austin, joining activists calling on Abbott to begin reopening parts of the state.
“She self-destructed and disqualified herself in the last twelve weeks,” Craig Murphy, a spokesperson for Berry’s campaign, told the Tribune. “People took one look and, without any doubt, knew she would have no chance to win in November."
Fleck, who on social media has often downplayed the danger of the virus, has aligned herself with hardline conservative groups such as Texas Right to Life and Gun Owners of America, earning support from both in her bid for the House seat. She has also picked up endorsements from two of the three other Republican candidates in the March primary: former Austin City Council member Don Zimmerman, who is now seeking a seat in the Texas Senate, and Austin lawyer Aaron Reitz.
Fleck has also brushed off Abbott’s endorsement of Berry, often invoking the hashtag #FleckTheEstablishment in posts on social media.
“Please tell me,” she wrote in a recent post on Facebook, “Why on God's green earth would this man endorse against me in a contested primary runoff that I lead and spend money to subvert the will of the people?”
Fleck’s track record has also caught the attention of Associated Republicans of Texas, a prominent GOP group supporting Berry. In a recent mail piece, the group contrasted the two candidates by casting Fleck as the candidate “focused on fringe issues” and Berry as the one with experience and electability on his side.
“While Justin Berry has focused on core conservative issues, Fleck has focused on fringe issues that will make her unelectable in November,” a line on the mailer reads. “With Democrats spending millions to make the Texas House like Nancy Pelosi’s U.S. House, we cannot risk this seat on Jennifer Fleck.”
Fleck, whose campaign did not respond to a request for comment for this story, addressed the mailer on social media in June, saying it was sent out “on behalf of my sneaky opponent.” Responding to the “fringe issues” criticism, Fleck said in a Facebook post, “If fringe issues are protecting children, families and parental rights, then YES I am fringe. I am very electable. Judge for yourself.”
“You can’t risk choosing any other candidate but me,” Fleck wrote. “I am a fighter and I will be your champion! Stop wasting your money trying to beat me dolts. The People will decide.”
Meanwhile, the Republican nominating process for Miller’s seat has been a rollercoaster since the primary.
The incumbent was initially running for reelection last year and had drawn three primary challengers: Jetton as well as Leonard Chan and Matt Morgan. But after Miller suggested to the Houston Chronicle late last year that Jetton and Chan were running against him because they are “Asian,” Abbott rescinded his endorsement of Miller and the lawmaker decided against a reelection campaign.
Abbott endorsed Jetton in the run-up to the March primary — and Miller got behind Morgan, a Richmond insurance agent, four days later.
Despite Abbott’s involvement, Morgan almost won outright in the three-way primary, getting 49.7% of the vote to 40.7% for Jetton. The third candidate, Leonard Chan, has since endorsed Morgan.
Morgan said he sees himself as the better choice for the general election because he has stronger connections to the district. He said he has lived there “basically my entire life” and has gotten to know so many residents — “and some that are Democrats that will come out and vote for me in November.”
“I have crossover capabilities with those deep roots,” Morgan said in an interview.
Jetton said in an interview that the debate over general-election viability “hasn’t been a huge part” of the runoff but noted he has been on the front lines of the fight to keep Fort Bend County red. He said he has “been voting in Republican primaries and been part of the party for the last decade,” contrasting himself with Morgan, who Jetton said has been not as “involved in a lot of the work that’s been done to try to” hold the GOP line in the politically changing county.
“I’ve been in the trenches working on this for a long time,” Jetton said.
Morgan’s lack of a Republican primary voting history before March has drawn fire in the runoff, and a recent mailer against him said, “With so much at stake, we can’t gamble on a REPUBLICAN IN NAME ONLY.” Morgan took to Facebook to denounce the mailer last week.
Miller has remained a factor in the race, given his support for Morgan. The candidate said Miller’s controversial remarks from last year do not come up much on the campaign trail and that he does not believe they would be an issue for him in the general election.
“Should I win this runoff, I’m obviously a different person than Rick Miller,” Morgan said. “Because he supports me doesn’t necessarily mean I support everything he’s done or said.”
Noting he is “not a believer of cancel culture,” Chan said in an interview that he has spoken with Miller several times since the controversy and believes he understands why his words were wrong. Miller’s support for Morgan was “not a factor” in Chan’s post-primary endorsement of Morgan, Chan added.
There is also a Democratic primary runoff for Miller’s seat, between L. Sarah DeMerchant, a Sugar Land IT executive who lost to Miller by 5 percentage points in 2018, and newcomer Suleman Lalani, a Sugar Land physician. DeMerchant and Lalani finished close in the four-way March primary, getting 30% and 32% of the vote, respectively.
Democrats will also lock in their nominees next week for two other battleground state House districts. Tom Adair and Lorenzo Sanchez are competing to challenge Rep. Jeff Leach, R-Plano, while Akilah Bacy and Jenifer Rene Pool are vying for the seat of retiring Rep. Dwayne Bohac, R-Houston.
Bohac’s seat is expected to be particularly competitive in November after he won reelection in 2018 by just 47 votes. Republicans already picked their nominee for the seat, Lacey Hull, in the March primary.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/07/texas-house-runoff-elections/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
Texas Workforce Commission Overpaid Unemployment Benefits
The Texas Workforce Commission said that incorrect filings and fraud can lead to overpayments, but the money must be paid back even if it was the state's mistake.
Texas clawing back $32 million in unemployment benefits after finding 46,000 people were overpaid
"Texas clawing back $32 million in unemployment benefits after finding 46,000 people were overpaid" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
More than 46,000 Texans who lost their jobs in recent months are having portions of their unemployment benefits clawed back after the Texas Workforce Commission found that they were initially overpaid.
The overpayments, first reported by the Houston Chronicle, are estimated to be more than $32 million in total since March.
“State law requires TWC to recover all unemployment benefits overpayments,” Cisco Gamez, spokesperson for the state agency, said in an email. “Overpayments stay on your record until repaid."
There can be several causes for overpayment, according to the agency, including fraud or incorrect reporting on an application. If TWC finds unemployment fraud in a case, the person has to give back the benefits and pay a 15% penalty.
Benefits must be repaid even if the state is to blame for the overpayment, or if it was otherwise not the recipient's fault.
"We cannot pay you benefits if you have an overpayment," Gamez said.
If the person that receives the notification of overpayment doesn't send back the money, the state comptroller can recover the money by withholding certain funds, including lottery winnings, unclaimed property, unemployment benefits and other state job-related expenses. Some state funding for college students cannot be released until a repayment is made in full.
Claimants who have received notices can appeal the process, but TWC can take legal action too if they don’t recover the money.
“There is no statute of limitations on debts owed to the state,” Gamez said on an email. “TWC cannot forgive or dismiss the overpayment and there is no exception for hardship.”
As of late June, 2.7 million Texans had filed for unemployment relief since mid-March, but TWC has struggled to keep up with the high levels of demand. Since the pandemic started, countless Texans have experienced problems accessing these benefits, encountering busy phone lines and an overwhelmed application website.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/06/texas-unemployment-benefits-workers/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
Texas Universities are Moving More Classes Online
Universities are moving forward with reopening plans for the fall semester, anxious to bring students back. But faced with online classes and an altered campus, students are questioning if college is still worth what they're paying.
Texas universities are moving more classes online but keeping tuition the same. Students are asking if it's worth the money.
"Texas universities are moving more classes online but keeping tuition the same. Students are asking if it's worth the money." was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Sarah Ramos has spent her summer anxiously awaiting a fall return to Texas A&M’s campus at College Station. She is hoping for some normalcy after she and her classmates were abruptly forced off campus last semester and into Zoom-based classes for the remainder of the spring due to the coronavirus pandemic.
But as Texas scrambles to address a soaring number of COVID-19 cases, Ramos is worried her upcoming course load could once again be moved online. That’s just not the college experience she’s looking for. So now, Ramos says she’s considering withdrawing from A&M for the fall and delaying her upcoming graduation.
“I do want to return to school, but the likelihood of that is teetering right now,” said Ramos, who’s working at a grocery store over the summer to save up for tuition. “I want the best education possible, and I really don't think that I can get that online. I can't get that from a screen.”
Texas universities are finalizing their fall reopening plans as August approaches. The state’s major public universities are generally all offering some in-person classes, though most schools have moved sizable portions of the fall course schedule online or are offering classes in a hybrid format. A&M is planning on conducting at least 50% of classes online-only, while UT will move almost one-third of its 11,000 courses online.
These plans also paint a picture of significantly-altered campus life, with spaced out dining halls, capacity caps on classrooms and mask mandates for students and faculty in some schools.
But while school will look different, the tuition rates for many of Texas’ largest universities, including UT-Austin, University of Houston, University of North Texas and Texas Tech, will stay the same.
Now Ramos, and many other students across Texas who are weighing their plans for the fall semester, are asking themselves: will it still be worth it?
This summer, nearly all Texas universities went completely online and schools including UT-Austin and Baylor offered reduced tuition while several others waived fees for campus services like parking.
Campus leaders, hammered by financial losses from the pandemic and anxious to keep enrollment up, defended their decisions to maintain normal tuition rates for fall classes that are both online and in-person.
“UT represents one of the very best values in higher education in the country,” UT-Austin interim President Jay Hartzell said last week in a press conference, noting that administrators “have been working really hard to ensure we deliver online courses at high quality and ideally make the class just as valuable as it would have been face to face.”
Acknowledging some resistance to going virtual, UT System board members in a meeting cited surveys that have shown many students said they will pause their education if universities go completely online.
Texas Tech President Lawrence Schovanec said that while around 80% of Texas Tech University’s 1,000 fall courses will be online, tuition will not be decreased in the fall.
Like many others, the school can’t afford to discount classes, because instructors are paid the same regardless. Schovanec said more than 65% of the university’s expenses are directly related to compensating faculty and other personnel.
“There’s a misunderstanding that online classes are cheaper,” Schovanec said. “When people write to me and say ‘Hey, I’m not getting face to face instruction, give me a tuition reduction,’ it's inconsistent with the reality of our budget.”
Lawsuits
The question of student value in the fall is poised to become a legal battle. Already more than 150 lawsuits have been filed across the country from students seeking reimbursement for tuition and fees from last spring.
When the pandemic forced universities to vacate their campuses in March, students lost access to campus labs, technology, transportation, athletics, library services, dining halls and more.
Baylor University was no exception. After it closed its doors, some students who lost access to those student-funded services wanted refunds for their steep tuition rates and campus fees.
Baylor, which received around $10.7 million in federal funding to offset emergency aid and refunds for students, promised students credits for unused meal plans and dining dollars, but insisted online learning did not necessitate refunds on tuition and campus fees.
But that wasn’t enough for students like Allison King, a rising sophomore at Baylor, who filed a class-action lawsuit in early June seeking prorated refunds for tuition and fees like a $90 payment for mandatory chapel sessions. Another Baylor student, Nabor Camarena, filed a similar lawsuit at the same time.
“In any other business, if you get paid all the money and then cut the services you’re providing, we would call that profiting from a pandemic,” said Roy Willey, the attorney representing King. “The sacrifice here is on the part of the students that are paying for this.”
Baylor is the first in Texas to be sued for tuition-related grievances following the pandemic.
The university said in a statement that it stands by its decisions made in an "unprecedented time for our country and all of higher education."
Other universities have already shelled out millions in refunds for unused services like meal plans and campus housing from last spring. While some of these losses were offset by federal funding designated by the CARES Act, much of it had to be covered by the institutions’ own budgets, leaving universities under financial strain as they worked to refund hundreds of students and award emergency aid.
Living expenses
The partial shift to online also has more students and parents worried about paying for college housing.
Ann Marie Hicks, who lives in Austin, will have two daughters in college this fall. With a combination of online and in-person courses, Hicks’ eldest daughter Allison, a rising senior at the University of North Texas, will only have to be in Denton for 26 days out of the entire semester.
While minimizing contact with campus is a relief in some ways, setting up living arrangements in a different city is a financial headache, Hicks said. The house Allison is planning on moving into with her partner to avoid crowded student apartments will be more than $900 in rent per month, plus additional utilities and maintenance fees. Hicks is having a hard time rationalizing the cost.
“It’s frustrating,” Hicks said. “And I’m mindful that there are many families under more constraints than we are.”
The same goes for Gaby Alvarez, a rising junior studying journalism at UT-Austin. She’s worried about contracting COVID-19 on campus – but she’s also worried about getting stuck with her lease, which she signed back in October.
As of now, Alvarez said she only has one in-person class, which isn’t a compelling enough reason to justify the $880 monthly rent she pays for an apartment near campus. Originally from Ganado, where she’s been quarantining with her elderly grandparents, she said she’d prefer to stay home if she could get out of her lease and move to all online classes.
“This is such a hard situation with a lot of moving parts,” Alvarez said. “And going back (to school) is not worth it to me, financially and health-wise.”
But the promise of the campus experience, however diluted, is a major draw for some students.
Hicks’ younger daughter Annabelle, an incoming freshman at Trinity University in San Antonio, is a theater major and is trying to take as many in-person classes as she can. Annabelle also deals with learning impediments like dyslexia, which she said makes online learning harder and in-person instruction valuable.
“Reading and communicating are already difficult face to face, but when I’m doing it through a screen it becomes even worse,” Annabelle said. “If I’m taking the risk of being on-campus anyway, what’s the point of taking classes online?”
Jorge Cantu, an international graduate student at the University of Texas Rio Grande Valley, is also watching the situation carefully. He splits his time between the U.S. and Mexico and if his classes were to be moved online, he’d remain in Mexico to save money on rent.
But he’d miss being on campus and would lose out on using the thousands of books in the university library or other research resources to finish out his thesis.
There was no refund for fees at his university during the spring closures, including the library fee, which doesn’t seem fair to him if he’s unable to use those services.
“I think that’s one of the things that pisses people off the most,” he said. ”We’re getting charged for fees that we’re not actually going to take advantage of.”
Disclosure: University of Texas at Austin, University of North Texas, Texas Tech, University of Houston and University of Texas Rio Grande Valley have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporcate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/06/texas-universities-coronavirus-online-classes/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
Austin City Limits music festival canceled
The Austin City Limits Music Festival, set to take place this fall was canceled Wednesday because of ongoing concern over the spread of the coronavirus.
Austin City Limits music festival canceled for 2020 because of coronavirus
"Austin City Limits music festival canceled for 2020 because of coronavirus" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
The Austin City Limits Music Festival, set to take place this fall was canceled Wednesday because of ongoing concern over the spread of the coronavirus, festival organizers said in an email Wednesday.
ACL is one of the largest outdoor music events in Texas and a major economic driver for the city. Last year, about 75,000 people attended each day of the two-weekend event, bringing attendance to at least 400,000, according to the Austin Monitor. The 2019 headliners included Cardi B, Guns N' Roses, Childish Gambino and The Cure. The lineup for 2020 had not yet been announced.
In 2018 the festival contributed $264.6 million to the city's economy and created or sustained at least 1,500 jobs across bars and restaurants, hotels and transportation, reported the Austin American-Statesman.
"We would have loved to put on another memorable show this year, however, with the uncertainty surrounding the current situation in Texas, this decision is the only responsible solution," organizers said. "The health and safety of our fans, artists, partners, staff and the entire Austin community remains our highest priority.
The festival is scheduled to resume in October 2021 to commemorate the event's 20th anniversary. Those who already purchased tickets to the 2020 event have the option to lock in tickets for next year at the same price or get a refund.
This is the latest of a number of high profile cancellations in Texas related to the pandemic, including the popular South by Southwest festival that was canceled in March by Austin Mayor Steve Adler about a week out from when it was set to begin.
The cancellation from the city of Austin initially caused some tension with festival organizers and the hospitality industry who worried Adler was being overly cautious. When the cancellation was announced Texas had at least 17 confirmed cases of the virus — all were people who were exposed overseas and the virus had not begun to spread widely in the community. It was the event's first cancellation in its 34-year history.
Last year, SXSW had an estimated $356 million financial impact, about $200 million of that is related to spending by attendees, the Statesman reported. The economic activity from SXSW makes up about 4% of Travis County's annual hospitality earnings.
Disclosure: Austin Mayor Steve Adler has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/01/austin-city-limits-acl-canceled-coronavirus/.
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Texans urge state education board to expand sexual education standards
Dozens of Texans implored the State Board of Education to dramatically update the minimum statewide standards for what Texas public school students are taught about sex and health, policies which have not been revised since 1997.
Texans urge state education board to expand sexual education standards and include LGBTQ information
"Texans urge state education board to expand sexual education standards and include LGBTQ information" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
At a marathon virtual hearing Monday, dozens of Texans implored the State Board of Education to dramatically update the minimum statewide standards for what Texas public school students are taught about sex and health, policies which have not been revised since 1997.
The 15-member board is considering requiring that middle schoolers learn about contraceptives, sexually transmitted infections and the importance of consent. At the board's first public hearing on the proposals, many current and former Texas public school students recalled their own experiences with sexual education teachers who emphasized shame instead of accuracy.
Many also asked the board to require that students learn about sexual orientation and gender identity, especially since LGBTQ students are more likely to be discriminated against and bullied. Neither the draft revisions nor the current health education standards, the minimum statewide requirement for what students learn, include sexual orientation or gender identity.
"I'm a parent of a nonbinary child, who fears trusting their child to schools that neither value nor protect them," said Maya Pilgrim, who works for the Texas Association Against Sexual Assault, referring to her child who does not identify as a girl or boy. "Gender identity and sexual orientation must be a part of the curriculum."
A smaller number of speakers showed up in favor of abstinence-only education, also known as "sexual risk avoidance," which promotes teaching students to avoid sex until marriage, not how to have safer sex.
"Parents should be educated and have these conversations with their children at home, but it should be at their own pace and their child's pace, and not forced on them by a mandate in their public schools," said Monica Cline, founder of It Takes a Family, which promotes abstinence-only education.
By about 3 p.m., the board had heard from only around 40 of the more than 200 people who registered to speak. Board members asked questions of a few, and they plan to discuss the proposed revisions after the public hearing Monday or Tuesday. The board is expected to take a final vote on the revisions in November.
Texas does not mandate that school districts teach sexual education, and high school students do not have to take health education to meet state graduation requirements. Schools that do offer sex education must stress abstinence as the preferred choice for unmarried young people and spend more time teaching it than any other behavior. Parents can opt their children out of any lesson that makes them uncomfortable.
Elementary and middle schools must offer health education for students in kindergarten through eighth grade.
Advocates of abstinence-plus education told board members that teaching students comprehensive sex education would reduce teen pregnancies, infections and sexual violence among students. They argued that students should receive medically accurate information to help them have sex safely, or help them refuse to do it at all.
Federal data from 2017 shows that 39% of Texas high school students report having had sex, but less than half used condoms and a small percentage used birth control pills. Texas has one of the highest rates of teen births in the country.
Christopher Hamilton, CEO of sexual health provider Texas Health Action, recalled one sexually active young man who asked an outreach coordinator whether taking his sister's birth control pills would prevent him from getting his girlfriend pregnant. "This is education that our patients have not consistently or accurately received as students," he said.
Cline, who advocates for abstinence-only education after spending years as a comprehensive sexual educator, said that adding information about contraceptives and safer sex into middle school health standards would pressure students to have sex.
"I'm thinking about all the children forced to be put through comprehensive sex ed when they don't need to be receiving it," she said. "If the health [standards] are revised so that comprehensive sex education is a part of that ... then you're violating the rights of lots of other families in Texas."
Marisa Pérez-Diaz, a San Antonio Democrat on the board, pushed back on that, pointing out that more than 100,000 Texas public school students are homeless, including many in foster care, and don't have families to provide them with sex education. And without any information on LGBTQ sexual health, sexual orientation or gender identity, LGBTQ foster children also will lack that information, she said.
"It's providing fact-based information, so that if the students make that choice, they're actually making factual, well-informed decisions as opposed to going to their 13-year-old peer who doesn't know anything," she said.
The long list of testifiers included a few students, such as Addison McKenna, who will start ninth grade at an Austin high school this fall. Addison joined the chorus of those wanting more classroom conversations about healthy relationships and safer sex for LGBTQ students.
"I always felt like there wasn't enough learning happening for gay students in our community," Addison said, when asked the reason for choosing to testify. "I care a lot about what happens in the world."
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/06/29/texans-urge-update-state-sex-education-standards/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.
Pence Visits Dallas
During a trip to Dallas on Sunday Vice President Mike Pence promised Texas would bounce back from a recent surge in cases of the new coronavirus while urging Americans to turn to their faith during a tumultuous period for the nation.
Pence visits Dallas as Texas grapples with coronavirus spike
"Pence visits Dallas as Texas grapples with coronavirus spike" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Vice President Mike Pence, during a trip to Dallas on Sunday, promised Texas would bounce back from a recent surge in cases of the new coronavirus while urging Americans to turn to their faith during a tumultuous period for the nation.
"Working with your governor, we will put the health of the people of the Lone Star State first, and every single day we'll continue to reclaim our freedom and our way of life, as each day we are one day closer to the day we put this pandemic in the past," Pence said during an event at First Baptist Dallas. "And when we do, with this governor and this president, we'll bring Texas and America back bigger and better than ever before."
After the event, Pence — who chairs the White House Coronavirus Task Force — was set to meet with Gov. Greg Abbott about the dire coronavirus situation in Texas.
The talk was a last-minute addition to Pence's agenda. For over a week, the vice president had been scheduled to appear at First Baptist for its annual Celebrate Freedom Sunday, but he added the meeting with Abbott in recent days as the state confronted its worst week yet for the pandemic.
The number of daily new cases hit a record high Thursday of nearly 6,000, and the number of hospitalizations has reached new highs every day for the past 16 days.
The positivity rate — the ratio of tests that come back positive — has also spiked. The rate, presented by the state as a seven-day average, reached 13.23% on Friday, which is nearly as high as it was in mid-April when it hit an all-time high of 13.86%.
The numbers led Abbott to begin reversing the state's reopening process Friday, shutting down bars and ordering restaurants to scale back their capacity to 50%, among other measures.
In his remarks at First Baptist, which lasted for about half an hour, Pence thanked Abbott "for his courageous and compassionate leadership for the people of Texas during this challenging time."
U.S. Housing Secretary Ben Carson, who rode along with Pence from Washington D.C., along with Texas U.S. Sen. John Cornyn, also addressed the church and urged resilience rooted in "self-sufficiency" against the virus.
"We must learn to dominate the virus and not let the virus dominate us," Carson said.
Pence's trip also coincided with a growing debate in Texas over requiring people to wear masks. Abbott has resisted calls to fine individuals who do not wear masks but has allowed local governments to order businesses to require customers to do so.
Pence, Cornyn and Carson all had face coverings on when they disembarked Air Force Two in Dallas on Sunday morning, as did their three greeters: Abbott, state House Speaker Dennis Bonnen and Attorney General Ken Paxton. All appeared to remain masked while seated at the church, according to video broadcast by the church.
Pence has made headlines for not wearing a face covering at other public appearances during the pandemic. President Donald Trump has also refused to wear a mask in front of cameras.
First Baptist Dallas, led by pastor and ardent Trump supporter Robert Jeffress, had "strongly encouraged" attendees to wear masks and also socially distance. But the video of the ceremony showed most attendees sitting close together in pews, with only some donning masks. Most of the over 100 people in the choir and band sections on the stage were not wearing masks.
The church did not release any information about how many people it expected for the event, but WFAA reported Friday that the church would operate at "70% capacity, which equates to about 2,200 people inside the main sanctuary where Pence will speak." While Abbott has tightened restrictions on some gatherings amid the coronavirus surge, he has not imposed occupancy limits on religious services, deeming them essential activities.
The campaign of former Vice President Joe Biden, the presumptive Democratic presidential nominee, released a statement ahead of Pence's trip that said it "epitomizes the dismissive attitude this administration has taken in addressing this crisis from the onset."
"Our leaders should be tackling this pandemic head on and laying out concrete recovery plans for the American people -- not jet setting across the country to hold events that go against basic public health guidance," said the statement from Biden's deputy campaign manager, Kate Bedingfield. "Families in the Lone Star state and across the country deserve better.”
There were ample political overtones to Pence's speech as he touted the Trump administration's first-term achievements, particularly for Christians. He also drew attention to the "strong support of the two senators from Texas" — Cornyn and Ted Cruz, both Republicans — "who have stood with this president every step of the way." But he singled out Cornyn, who is up for reelection in November, praising his "principled conservative leadership for our judiciary and our nation."
Introducing Pence, the First Baptist pastor, Jeffress, hailed Trump as the "most resilient, the most courageous, the most faith-friendly president in the history of America." He similarly lavished praise on Pence, telling him that many Christians would like to see him in the Oval Office after Trump leaves.
Taking the stage, Pence thanked Jeffress for his "overly generous introduction."
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/06/28/mike-pence-visits-dallas-texas-grapples-coronavirus-spike/.
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U.S. Supreme Court has rejected voting by mail to all Texas voters during the coronavirus pandemic
The U.S. Supreme Court has rejected an initial bid by state Democrats to expand voting by mail to all Texas voters during the coronavirus pandemic.
U.S. Supreme Court declines Texas Democrats' request to allow all Texans to vote by mail
"U.S. Supreme Court declines Texas Democrats' request to allow all Texans to vote by mail" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
The U.S. Supreme Court has rejected an initial bid by state Democrats to expand voting by mail to all Texas voters during the coronavirus pandemic.
Justice Samuel Alito — whose oversight of federal courts includes cases coming through Texas — on Friday issued the court's denial of the Texas Democratic Party’s request to let a federal district judge's order to expand mail-in voting take effect while the case is on appeal. U.S. District Judge Fred Biery ruled in May that Texas must allow all voters fearful of becoming infected at polling places to vote by mail even if they wouldn’t ordinarily qualify for mail-in ballots under state election law. The 5th Circuit Court of Appeals stayed Biery's order while Texas appeals his ruling.
The decision means the state’s strict rules to qualify for ballots that can be filled out at home will remain in place for the July 14 primary runoff election, for which early voting starts Monday. Under current law, mail-in ballots are available only if voters are 65 or older, cite a disability or illness, will be out of the county during the election period or are confined in jail.
Still left pending is the Democrats separate request for the justices to take up their case before the November general election. The party’s case focuses primarily on the claim that the state's age restrictions for voting by mail violate the 26th Amendment's protections against voting restrictions that discriminate based on age.
The court's only comment on the decision came from Justice Sonia Sotomayor, who said she agrees with the ruling but indicated the Democrats' case "raises weighty but seemingly novel questions regarding the Twenty-Sixth Amendment" and urged the appeals court to consider the case in a timely manner before the general election.
"But I hope that the Court of Appeals will consider the merits of the legal issues in this case well in advance of the November election," Sotomayor said.
In order for someone to vote by mail in the July 14 primary runoffs, counties must receive their application for a mail-in ballot by July 2. A favorable decision for Democrats by the Supreme Court by early October could still allow for a massive expansion in voting by mail during the November general election.
In his initial ruling, Biery agreed with individual Texas voters and the Texas Democratic Party that voters would face irreparable harm if existing age eligibility rules for voting by mail remain in place for elections held while the coronavirus remains in wide circulation. And he agreed with the plaintiffs' argument that the age limitation violates the U.S. Constitution because it imposes additional burdens on voters who are younger than 65 during the pandemic.
In his appeal to the 5th Circuit, Texas Attorney General Ken Paxton argued that Biery's injunction threatened "irreparable injury" to the state "by injecting substantial confusion into the Texas voting process mere days before ballots are distributed and weeks before runoff elections."
Democrats and voting rights groups have been fighting the state's restrictions on multiple fronts, but have been so far unsuccessful in making mail-in ballots available to all voters during the pandemic. In a separate case, the Texas Supreme found last month that lack of immunity alone does not meet the state election code's definition of disability, but it could be considered a factor as part of a voter’s medical situation.
The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the risk of “injuring the voter’s health.” And the Texas Supreme Court reiterated that it is up to voters to assess their own health and determine if they meet the election code's definition of disability.
But the litigation has left some voters confused about the rules, and some who may actually be eligible to vote by mail are instead considering risking exposure to the virus.
“We are disappointed that the Supreme Court did not weigh in now and provide needed relief and clarity for voters ahead of the primary runoff," Texas Democratic Party Chair Gilberto Hinojosa said in a Friday statement. “The case proceeds on in other filings before the U.S. Supreme Court and the Fifth Circuit and therefore, hope remains that the federal courts will restore equal voting rights in time for the November elections."
In a statement following the ruling, Paxton said the court's decision tracks Texas law. "State election officials have many options available to safely and securely hold elections without risking widespread fraud," Paxton said.
There are documented cases of fraud in mail-in voting in Texas. But like voter fraud overall, it remains rare.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/06/26/us-supreme-court-rejects-texas-democrats-effort-expand-absentee-voting/.
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Unemployed Renters Have few Options
Housing advocates and even some justices of the peace are bracing for a surge in evictions as the coronavirus pandemic continues to leave hundreds of thousands of Texans without jobs.
As evictions resume in Texas, unemployed renters have few options
"As evictions resume in Texas, unemployed renters have few options" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas legal aid groups, housing advocates and even some justices of the peace are bracing for a surge in evictions as the coronavirus pandemic continues to leave hundreds of thousands of Texans without jobs.
And although many Texans who have fallen behind on rent can’t catch up while the virus surges and unemployment remains sky high, the judges who are starting to once again preside over eviction cases say state law gives them little opportunity to show tenants mercy.
“The Legislature doesn't go into the point that says, ‘Should we have a pandemic, then you don't have to pay your rent,’” said Mike McAuliffe, a justice of the peace in Taylor County. “You have to look at both ends of this scenario. You have people that have been out of work … but then you also have business owners that owe money to banks.”
The Texas Supreme Court halted eviction proceedings in March, but that moratorium has since expired. Some counties still have moratoriums in place. But as those also begin lifting, a backlog of eviction cases is starting to wind through reopening courts.
As Texas tenants are starting to receive notices to vacate their homes or to appear at court hearings, legal groups are expanding their services and setting up special hotlines to help people navigate the eviction process.
The St. Mary’s Law Consumer Protection Clinic in San Antonio has seen calls to its hotline steadily increase since its launch June 1, the same day Bexar County’s eviction moratorium expired. Ten days after its launch, the hotline surpassed 100 calls.
“Unfortunately, of course, when the legal situation is bad, our calls pick up,” said Genevieve Hébert Fajardo, the clinic’s director.
The Texas Apartment Association, whose 12,000 members include around 7,500 property owners and operators, is encouraging property managers to work out payment plans with tenants. Crystal Moya, an executive member of the association, says it wants to be “part of the bigger solution.” The legal process of evictions can be costly for landlords. And a sudden increase in evictions could have ripple effects across the rental industry.
“Instead of going through that, we want to try to prevent that and work with our residents now,” said Moya, who is also an executive vice president of Vesta Corp. real estate. “A lot of owners are deferring payment at this time and putting the residents on payment plans. We’re one of those.”
But landlords who do proceed with evictions rather than working things out with their tenants face a legal system that many say is stacked in their favor. Housing advocates have been trying to get lawmakers to write more protections for renters into Texas property code for years, but they say it hasn’t been easy.
“In the last Legislature, there were many bills introduced, but our ability to get them passed has been very limited.” said Sandy Rollins, executive director of the Texas Tenants' Union. “Texas is a very landlord-friendly state and has a very landlord-friendly legislature.”
“A burden on tenants”
This tilt means that tenants affected by COVID-19 won’t have a lot of luck in Texas courtrooms. Justices of the peace across the state said that Texas’ property laws don’t leave room for them to consider circumstances like losing a job or experiencing health issues. If a person has not paid rent or has breached another clause in the lease — which could be anything from committing a crime to not paying a maintenance fee — they will most likely be evicted.
On Wednesday, Steven Quildon of The Colony in North Texas experienced this firsthand. At an eviction hearing handled on Zoom, Denton County Justice of the Peace James DePiazza told Quildon he owed around four months of rent.
"I paid partial in March," Quildon said. "That's when this COVID-19 pandemic started and hit us really bad. That's why I'm in this situation, because of COVID-19."
But DePiazza had bad news.
"That's not a legal defense in the state of Texas, the virus itself," DePiazza said. "The inability to pay, regardless of the reason, is not a defense in the state of Texas."
DePiazza ruled that Quildon has to either vacate the premises by Tuesday or file an appeal. Otherwise, the landlord will be able to file for a writ of possession, and a constable will force him to move out. But an attorney for Quildon's landlord offered the man the opportunity to try work out an agreement if Quildon would call his office.
“The question a judge is looking at is if a breach of contract occurs, regardless of what the circumstances surrounding the case are,” said Travis County Justice of the Peace Nicholas Chu. “We’re just kind of looking at this kind of yes-or-no analysis. That makes the job just really tough.”
There is still a moratorium in place on eviction cases in many counties, including Travis. Meanwhile, justices of the peace in counties without active moratoriums have resumed hearing cases, starting with evictions filed before the statewide pause and slowly catching up with the backlog. In El Paso County, Justice of the Peace Josh Herrera said COVID-19’s economic fallout is going to prompt many eviction cases, which he said were already wrenching to preside over.
“In my court I follow the law, and the law can be very black and white,” Herrera said. “You hear the saddest of cases.”
The statewide eviction moratorium ordered a cease in eviction hearings, but tenants are still responsible for rent they haven’t paid. Some cities and counties established temporary grace periods for tenants to catch up. But in parts of the state where leaders didn’t create these grace periods, the state’s property code allows landlords to evict even if the tenant comes up with what they owe before the judicial process finishes playing out.
“Nothing prevents the landlord from saying ‘Hey, I’m not taking your money,’ even if the tenant has it all or even if they want to offer more. And that really puts a burden on tenants,” Chu said.
The complex eviction process
In addition to rigid laws, rental contracts can also be difficult to understand, says Judge Jeff Wentworth in Bexar County. Lease agreements, often complex and written by landlords, dictate how tenants and landlords are supposed to communicate if they run into issues.
“So the cards are stacked, frankly, against the tenant from the get-go,” he said.
The contract most commonly used by landlords was created by the Texas Apartment Association, which acknowledges that it is a long and complex document. David Mintz, vice president of government affairs with that industry organization, said that renting property is a complicated relationship and there are a lot of aspects to cover, though recent iterations of common lease agreements have been updated and shortened.
“We try to avoid legalese, we try to have it in a logical progression that addresses issues coming up during rental relationships, try to have it broken up as readable as possible,” Mintz said.
When a landlord wants to remove a tenant, the first step is to provide the tenant a notice to vacate. That document typically tells the tenant that if they don’t pay past-due rent or vacate the unit, the landlord will file for an eviction. But many tenants don’t realize that this is not the actual eviction order. That doesn’t come until after a case is filed, a hearing is held and a justice of the peace has ruled in the case.
“They start packing because they do think that three days is all they have, and we try to explain to them that a notice to vacate begins the process, but they’re not required to leave until a court order is signed,” said Lizbeth Parra-Davila, a housing fellow at the University of Texas School of Law.
There are many other reasons why tenants prematurely move out. In Texas, an eviction can appear on a tenant’s record from the moment it is filed. That makes it difficult for tenants to find new homes even if they have not yet been evicted, said Linley Boone-Almaguer, an attorney at Texas RioGrande Legal Aid.
Some renters also self-evict because of misconceptions they harbor surrounding the consequences of an eviction filing, including that it can lead to a tenant losing custody of their children, being fired from their job or going to jail, said Boone-Almaguer. Others, like undocumented tenants, fear deportation and try to avoid going to court altogether.
“And so we try to educate people,” she said. “Because time means so much when you're facing homelessness.”
Leveling the playing field
One of the problems in Texas that Judge Jeremy Brown in Harris County said lawmakers should address is the lack of legal representation for tenants. Although tenants can hire attorneys, this rarely happens. The state provides lawyers for criminal cases but not civil cases, such as evictions.
“I’ve been on the bench since November 2018, and I can count on one hand the folks that had a lawyer,” Brown said. “We have some other legal aid providers, but the needs far outweighs the demand.”
For tenants affected by COVID-19, a lawyer could help identify if the building is protected by the moratorium included in the CARES Act, which halted evictions in low-income housing and properties backed by federal loans until the end of July.
Attorneys might also be better at spotting if the landlord didn’t follow the right steps during the eviction process or breached the rental contract. Some cities, like San Antonio, have tried to solve this problem by funding legal assistance for people facing eviction.
Texas doesn’t give tenants time to catch up on past-due rent, or what is known as the right to cure default. During the pandemic, moratoriums didn’t erase back-due rent, and it is estimated that thousands of tenants are late on their payments. Only a few cities, like San Marcos and Austin, established grace periods that will allow tenants to catch up.
“If the goal is to have equity in our society, at a minimum Texas needs an opportunity to cure default,” said Sandy Rollins, executive director of the Texas Tenants' Union.
Rollins said that her organization and other housing advocates have tried for years to change state law so renters have more rights.
“We have a very long list of reforms needed to pass in Texas in terms of leveling the playing field,” Rollins said. “Most sessions we get something passed, but in terms of big leaps forward for equity, there’s a lot still to be done.”
Offering assistance to renters
Local governments, nonprofits and legal groups in the meantime are setting up programs and hotlines in anticipation of an influx of people facing the complicated eviction process.
The city of San Antonio is offering onsite rental assistance to tenants at the justice of the peace courts. The St. Mary’s Law Consumer Protection Clinic and the San Antonio Legal Services Association are trying to help as many clients as possible negotiate rental payments between landlords and tenants so situations can be handled without involving the courts.
In Dallas, the Southern Methodist University School of Law’s Civil/Consumer Clinic has partnered with Legal Aid of Northwest Texas and a grassroots organization called DallasEvictions2020.com to launch a help line to aid North Texas residents with COVID-19 concerns, including housing.
Mark Melton, the founder of DallasEvictions2020.com, said the help line has received between 15 to 25 calls per day since its launch in mid-March, but he expects more calls in the coming weeks and a “fairly large influx of eviction filings en masse” once the federal moratorium lifts on people living at properties financed through certain federal programs.
Brown, a justice of the peace in Harris County, is just now beginning to hear cases that were filed before and during the pandemic. But, like many advocates and lawyers, he hopes that the pandemic’s economic crisis will lead to changes in state law.
“During COVID, issues are being highlighted that were already there,” he said. “Hopefully when our Legislature goes back in session in 2021, they will remember these issues that were highlighted and make substantive changes to the betterment of all people.”
This story was produced in part with funding from the Ravitch Fiscal Reporting Program at the Newmark Graduate School of Journalism and is part of a national project on how adequate state safety nets are for the pandemic recession.
Disclosure: David Mintz, Southern Methodist University and the University of Texas at Austin have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/06/26/evictions-texas-unemployed-renters/.
The Texas Tribune is proud to celebrate 10 years of exceptional journalism for an exceptional state. Explore the next 10 years with us.