State of Texas: Lawmakers address flood response and spar over redistricting

27.07.2025 02:00

Kxan.com

AUSTIN (Nexstar) -- On the first day of the special legislative session, a group of state representatives and community leaders rallied at the Texas State Capitol to push for legislation they believe could save lives during severe weather.

It began with a moment of silence, after Sofia Mirto, the president of Hands Off Central Texas, acknowledged there would be no flood survivors speaking, though they were invited to join.

"Unfortunately, nobody is going to be with us because today, because there's a lot of funerals happening this week," Mirto told the people gathered outside the Capitol.

Those gathering, advocated for HB 13 to be passed. The bill would create a statewide, comprehensive and strategic plan to help local governments with emergency communication system. There's now a petition to get more people to support the legislation.

'We are better than this'

With more than 100 people dead in Kerr County, including young campers, and two people still missing, lawmakers convened Wednesday to address what went wrong and find solutions.

“We are better than this,” said Rep. Joe Moody, D-El Paso. “We’ve lost a lot in this. And it could have been better – both before, during and after – we know that. And that’s not a blame game. That’s accountability.”

For the first time this special session, the Texas House and Senate Committees on Disaster Preparedness met for a rare joint hearing. Outside the chamber, there was anger from some residents impacted by the Fourth of July flooding.

“There should have been an evacuation early in the day,” said Joseph Shopp. “Not two o’clock in the morning … this was a complete failure.”

‘0 to 200 mph’

Two days before the disaster, on July 2, the Texas Division of Emergency Management says it activated the state’s emergency response sending resources – including a rescue boat to Kerr and Tom Green counties – anticipating what it called “heavy rainfall with the potential to cause flash flooding across West Texas and the Hill Country.”

“We knew we were going into a holiday weekend,” TDEM Chief Nim Kidd told lawmakers. “We knew that we needed to ensure resources were available from those local governments that we would want to stand up for water teams, for search and rescue teams, for medical teams, if they were needed.”

He said the “area of concern” was 35,000 square miles across Texas.

“The forecast for those 44 counties [of concern] in that area was, again, one to three inches of rain,” Kidd told lawmakers. He said that was relayed to 468 local government participants in a July 3 weather call that Kerrville’s mayor previously said he did not receive an invite to join.

The severity of the storm caught everyone by surprise, Kidd said, highlighting a summary of alerts from the National Weather Service offices in Austin/San Antonio and San Angelo from July 3 into the early morning hours of July 4:

3:20 p.m.: NWS Austin/San Antonio said heavy rains possible especially western Hill Country. Chances of rain decrease Friday.

6:56 p.m.: NWS Austin/San Antonio said showers increasing across Hill Country expanded through the evening.

7:37 p.m.: Flash flood watch in effect for Hill Country. Rains will decrease for July 4 but isolated showers may continue.

8:21 p.m.: Flash flood watch for Bexar, Gillespie, Kendall, Llano. Advisories for Mason, McCulloch and San Saba counties.

8:54 p.m.: NWS Austin/San Antonio reported 1-3 inches of rain, 5-7 inches less likely across the flood watch area.

9:30 p.m.: NWS Austin/San Antonio reported pockets of heavy rain in Kendall County headed towards Gillespie and Blanco counties; 1-2 inches of rain have fallen within the last three hours and more rain on the way.

11:17 p.m.: NWS Austin/San Antonio reported pockets of rain across Hill Country. Flash flood watch remains in effect until 7 a.m. advising to ‘turn around, don’t drown.’

1:06 a.m.: NWS Austin/San Antonio reported very heavy rain in Bandera, Kerr and Gillespie counties; 2-3 inches of rain per hour.

1:14 a.m.: First flash flood warning issued from Ingram and Hunt until 4:15 a.m.; 1-2 inches of rain have fallen, expected 2-3 inches of rain per hour, 1-2 additional inches expected. Flash flood ongoing or expected.

1:32 a.m.: Flash flood warning includes 13 counties: Bandera, Bexar, Blanco, Brunet, Edwards, Gillespie, Kendall, Kerr, Kinney, Llano, Medina, Real and Uvalde; 1-3 inches of rain likely, 5-7 inches possible across the flood area.

2:37 a.m.: Flash flood watch expanded until 1 p.m.; 1-3 inches of rain expected in Hill Country, 5-7 inches possible. Excessive runoff may result in flooding of low-lying areas, rivers, creeks and low-water crossings.

3:08 a.m.: “Very dangerous” flash flood event south central Kerr County; 3-7 inches of rainfall in last 2-3 hours. Flash flood warning. ‘Turn around, don’t drown,’ again advised.

3:19 a.m.: Guadalupe River in Hunt is at 11 feet, expected to crest at 16.6 feet.

3:33 a.m.: Flash flood warning for the Guadalupe River in Hunt and Kerr and Bandera counties until 7 a.m.

4 a.m.: Guadalupe River in Hunt is at 19.4 feet, expected to crest at 23.8 feet.

4:23 a.m.: “This is a flash flood emergency.” Five-to-10 inches of rain expected over the next 3-6 hours.

About 30 minutes later, Kidd received word that people were trapped on their roofs.

“We know what happened after that,” he said.

“We’re really going to have to have an extended discussion … with the National Weather Service about these type of alerts and the speed at which they came out,” Sen. Paul Bettencourt, R-Houston, told lawmakers. Afterward, Bettencourt’s X account reiterated online what he mentioned during the hearing.

“We’re not even going from zero to 60 [mph],” he told lawmakers, “we’re going from zero to 200 miles an hour in three hours and 17 minutes.”

‘A better system for warning’

The discussion also touched on initial confusion, highlighted in Kerr County dispatch audio previously obtained by KXAN’s investigative team. In the audio, at 4:23 a.m., an Ingram volunteer firefighter is heard telling a Kerr County sheriff dispatcher: “The Guadalupe Schumacher sign is underwater on State Highway 39. Is there any way we can send a CodeRED out to our Hunt residents, asking them to find higher ground or stay home?”

The dispatcher responds: “We have to get that approved with our supervisor.”

CodeRed is an opt-in notification system some agencies use to send emergency alerts to subscribers’ cell phones.

Sen. Jose Menendez, D-San Antonio, read from a transcript.

“But the supervisor, it says here, couldn’t be immediately available on the phone,” he said. “Just another example of why we need to get this professionalized.”

Along with calls for more training, and statewide standards and qualifications for emergency management coordinator positions, lawmakers also brought up failures in communication equipment, like radios used by first responders. During the last regular session, Moody co-authored House Bill 13, in part, to fix problems with interoperability. It failed to pass. Among those voting against it then was Rep. Wes Virdell, R-Brady, whose district includes Kerr County. He now sits on this special committee.

“Government sometimes has the problem of overreacting to a situation, so I think it’s good to have thorough discussions,” Virdell told KXAN. “And, even if it takes a little while for that to happen, I think not overreacting immediately is a good thing.”

Virdell said weather warning sirens, which was part of HB 13, “should be on the table for discussion” but questioned how effective they would be.

“I do think they have their place but a lot of times if you’re indoors, especially four o’clock in the morning when it’s pouring down rain, the likelihood is going to be that you’re not going to hear those sirens.”

For Virdell, the “real question” is “when’s the right time to send alerts out and are we sending too many alerts out right now?” His other top priorities involve establishing a disaster relief fund and helping homeowners rebuild. Cities that use sirens, like San Marcos, have called them a “vital tool for emergency preparedness” in addition to weather radios and mobile alerts.

There was no public testimony at this hearing. The joint committee will reconvene on July 31 in Kerrville to hear directly from residents and officials impacted by the flooding.

“Do we need a better system for warning? Yes,” Kidd told lawmakers. “What does that look like? I don’t know.”

Texas Senate hears testimony over re-filed THC ban

Exactly one month after Gov. Greg Abbott vetoed a proposed hemp-derived THC ban, the Texas Senate is debating a new, nearly-identical ban.

In his veto proclamation, Abbott said that a full ban went too far and would likely be tied up in court, similar to Arkansas' THC ban. But after Abbott's proclamation, a judge ruled that Arkansas' THC ban could go into effect, complicating the governor's reasoning. Now, Republicans are hoping the door to a full ban could be re-opened.

The Senate Committee on State Affairs listened to hours of testimony from the public Tuesday on Senate Bill 5, filed by Sen. Charles Perry, R-Lubbock. The hearing included members of law enforcement who strongly advocated for a ban, and members of the community who say a ban would infringe on their rights as individuals.

Kaufman County District Attorney Erleigh Wiley spoke in favor of the bill. And while other law enforcement testified that the product was unsafe, Wiley cited the issue of testing products to determine if they contain legal amounts of THC — less than 0.3% — or a higher concentration, which would be illegal. That distinction means the difference between if someone is charged with a crime or let free.

"As you're delaying prosecution because of the testing that's going on, you might have someone that has a legal amount, and so that person is sitting in custody if they can't make bonds," Wiley said.

Wiley said she does not think regulation works, because the market of hemp-derived THC is already regulated. Existing law prohibits THC products from exceeding 0.3% THC, but there is currently no state-enforced age restriction, even as many retailers only sell the product to those 21 and older.

After Abbott's initial veto, he, along with many colleagues, called for stricter regulation. But some Republican senators at Tuesday's hearing did not appear to have an interest in entertaining the idea.

Zach Crow is a Houston attorney who represents companies with a stake in the Texas THC market. He disagreed with the notion that regulation has already been tried, saying that much more could be done to fund regulatory actions.

"If the problem is funding, why not slap an excise tax on the products, or why not increase licensing fees to actually be more than 100 bucks a pop, right? But they haven't tried that because they don't want to do that. This is about control," Crow said.

Crow pointed to the fact that other states have legalized recreational marijuana use and have strict regulatory bodies to enforce the law. He said that current opposition to THC from legislators is contrary to the Texas Compassionate Use Program, which allows those with certain medical conditions to obtain marijuana as medication.

"We've acknowledged that federally illegal marijuana under the TCUP program is fine and it's helping people," Crow said. "Which one is it? It can't be both. Either THC and cannabis are good things that can help people, or it's evil."

But among the testimony senators heard, many law enforcement officials and medical experts said that the product is too dangerous to have on the market, even regulated. They cited instances of people making deadly decisions after consuming the product.

It is unclear if SB 5 will ultimately pass the legislature. The fate of the bill could be indicated by statements from the governor on what he is willing to sign. But so far, he has not indicated exactly what he wants to see in a THC bill.

House hears public testimony on redistricting

The Texas House Select Committee on Congressional Redistricting heard public testimony at the Capitol Thursday about a proposed mid-decade redistricting plan.

The legislature is considering how to redraw the state's congressional maps after pressure from the Trump administration and its Department of Justice. President Donald Trump has publicly said he hopes Texas Republicans draw five new seats for themselves ahead of the 2026 midterm elections.

The committee allowed anyone from the public to testify at Thursday's hearing, but the hearing specifically focused on counties, which reside partially or wholly, in the 10th, 11th, 15th, 16th, 17th, 20th, 21st, 23rd, 27th, 28th, 31st, 34th, 35th and 37th congressional districts — eight of which are represented by Republicans, six by Democrats. The committee still allowed testimony about any area of the state.

Witnesses who testified before the committee expressed anger and frustration with the potential of redrawing congressional maps. The Republican representatives on the committee were mostly quiet about their opinions, refraining from defending the proposed redistricting.

Legal expert challenged DOJ claims

Law professor Ellen Katz from the University of Michigan testified that the Department of Justice's July 7 letter demanding changes to four congressional districts is legally flawed.

"The DOJ is simply wrong when it states that these four districts targets violate the voting rights act. Or the constitution they plainly do not," Katz said, referring to districts 9, 18, 29 and 33.

Katz argued that following the DOJ's recommendations would actually be illegal, citing a 2009 Supreme Court decision in Bartlett v. Strickland.

"If there were a showing that a state intentionally drew district lines in order to destroy otherwise effective crossover districts, that would raise serious questions under both the 14th and 15th amendment," she said, reading from the court decision. "The July 7th DOJ letter instructs Texas to do just that."

Congressional Democrats oppose redistricting

Three Democratic members of Congress testified against the redistricting effort, arguing it would harm minority communities and disrupt constituent services.

U.S. Rep. Greg Casar, D-Austin, emphasized his district's legal standing.

"Texas's 35th congressional district was drawn by this body coming after the 2010 census," Casar said. "It was constitutionally mandated to be drawn and it was upheld by the U.S. Supreme Court."

U.S Rep. Sylvia Garcia, D-Houston, whose 29th congressional district is targeted in the DOJ letter, criticized the timing of the redistricting effort.

"We really should not be even be here today. We should be working on legislation to support families on the Hill Country after the devastating flooding," Garcia said. "Instead, we are here today playing political games to appease a felon in the White House."

U.S. Rep. Joaquin Castro, D-San Antonio, compared the current effort to 2003 mid-decade redistricting carried out by Texas Republicans, calling it politically motivated.

"You're being used because [Trump] doesn't want Democrats to control the majority of the Congress so that there'll be no investigations," Castro said.

House Democrats question the process

Committee members expressed confusion about the rationale for the redistricting effort. State Rep. Gene Wu, D-Houston, said he was "personally very confused about why exactly we're here."

State Rep. Barbara Gervin-Hawkins, D-San Antonio, also voiced opposition.

"Let's not allow the White House to put his arms into Texas and divide our community. It's wrong. It should not happen," Gervin-Hawkins said.

Fiscal and practical concerns

The congressmen highlighted potential disruptions to constituent services if districts are redrawn mid-decade.

"For the everyday person, this could seriously disrupt the federal services, be they constituent services or infrastructure that every member of Congress, regardless of party," Casar said.

Garcia emphasized the communication challenges that could come from less compact, spread out districts.

"It really is about communication and case work," Garcia said. "It is more difficult when you've got to deal with hundreds of miles to be able to communicate with appropriately and effectively with your constituents."

She also criticized the Senate's plan for hearings only conducted virtually, as opposed to the House's hearings which are in person with a virtual option.

"I absolutely, I think, when I read that I was frankly appalled that they would not allow any live testimony hearing in front someone," Garcia said. "I mean for Texas, we like to see people eyeball to eyeball and ask him a question."

Thursday's public hearing ended after five hours, before several people who had registered to speak could address lawmakers. The move was planned and noted in the agenda posted before the meeting.

"We had sent out in the notice that the intent was to treat every in-person hearing we have here in Austin, Houston, and Arlington, equally," State Rep. Cody Vasut, R-Angleton, who chaired the hearing, told people in the room.

After the hearing adjourned, House Democrats on the committee stayed and listened to people who wanted to stay and have their voices heard.

The committee scheduled additional hearings Saturday in Houston and Monday in Arlington to be held before considering any proposed legislation.

On Friday, a delegation of Texas House Democrats met with Illinois Gov. J.B. Pritzker to discuss concerns about proposed redistricting changes in Texas and seek support from other states in opposing the effort.

Speaking before the meeting while traveling through Chicago O’Hare Airport, Rep. Gene Wu, D-Houston, chair of the Texas House Democratic Caucus, said the trip aimed to warn other states about what he described as widespread policy changes under the Trump administration.

“We’re trying to warn the entire country,” Wu said. “What is coming, the dangers that Donald Trump and his willing associates pose to this country is not just normal politics. This is extraordinary, and what we’re saying to people is extraordinary stuff requires an extraordinary response.”

“What Gov. Abbott and the Republicans are trying to do is cheat,” Pritzker said during the roundtable. “I think there should be free and fair elections in 2026 as there should be in every year, and that the districts are have been drawn, and they now see that they might lose, and so they want to redraw them and change the rules.”

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When asked about potential retaliatory redistricting efforts in Democratic-controlled states, Pritzker said, “everything is on the table” in response to what he characterized as attacks on democracy.

“If you’re going to attack democracy by going state by state, and here they’re starting in Texas, but you’ve heard it talked about for other places too, then the rest of us are going to have to say, well, what can we do?” Pritzker said.

The Illinois governor defended his state’s current congressional map, which has faced criticism from Republicans. When pressed about previous campaign promises regarding independent redistricting. Pritzker said legislation for an independent commission was not taken up by the state legislature, but that Illinois followed the Voting Rights Act in drawing its current districts.

When asked about potential tactics to block redistricting legislation, Wu said Texas Democrats would “use every tool available to us” and that “nothing is off the table.” However, he clarified that Friday’s trip was not a quorum break, as the delegation planned to return to Texas the same day.

“We’re not fighting for Democrats in Texas. We’re fighting for the whole country. This is a national fight. This is the fight for the soul of America,” Wu said.

The Democrats said they may continue outreach efforts to other governors across the country regarding the redistricting issue. The delegation was split between meetings in Illinois and California, with a separate group meeting with California Gov. Gavin Newsom.

Texas Republicans have defended the special session as necessary to address redistricting concerns, though Democrats argue it diverts attention from flood relief efforts following recent disasters in Central Texas that killed more than 130 people.

Two Democrats join race to replace Attorney General Ken Paxton

State Sen. Nathan Johnson of Dallas and former Galveston mayor Joe Jaworski have launched campaigns for Texas attorney general, setting up a Democratic primary battle for an office at the center of numerous political controversies.

Both candidates announced their candidacies within days of each other, bringing distinct backgrounds to challenge Republicans in the first open attorney general race in over a decade.

Johnson, who represents nearly 1 million Dallas County constituents, focused his campaign on restoring integrity to an office he says has been "misused, abused, and not used for the good purposes that it should be devoted to."

He criticized Attorney General Ken Paxton's decision not to defend the Texas DREAM Act, calling it collusion with the federal government to eliminate a program supported by Republican legislatures for 24 years.

Jaworski, making his second bid after losing the 2022 runnoff, positioned himself as an outsider focused on voting rights and consumer protection.

"Ken Paxton has frankly succeeded in making voting a white knuckle affair," Jaworski said. "People are scared, they're worried, do I do it wrong? Will I be indicted?"

Johnson outlined traditional priorities including child support collection and consumer protection rather than "culture war" litigation.

"The Attorney General is the lawyer for the people and for the state, and that's not how it's been used," Johnson said.

Jaworski proposed structural changes, including a "voter enhancement division" and enforcing laws requiring high school voter registration.

The candidates bring different political profiles. Johnson upset a longtime Republican in 2018, winning his seat by eight points in a district that hadn't elected a Democrat in over 30 years.

Jaworski, a trial attorney with 35 years of experience, served as Galveston's mayor and has built his profile through media appearances since 2022.

"I'm an attorney by day and a husband, a father, and a Texan 24/7, and so I am not coming from this as a political advancement," Jaworski said.

Both face the challenge of overcoming Republican dominance in statewide races. No Democrat has won statewide office in Texas since 1994.

The winner will face one of three Republicans seeking the nomination: state Sens. Joan Huffman of Houston and Mayes Middleton of Galveston, or former Department of Justice attorney Aaron Reitz.

The Democratic primary will be held March 3, 2026.