Senate State Affairs met on March 31 to take up a number of bills. This report covers SB 1025 (Birdwell et al.) and SJR 45 (Birdwell et al.). Both bills were voted out of committee to the full Senate. A video of the committee’s discussion of these bills can be found here.

 

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

SJR 45 (Birdwell et al.) (CS) – Proposing a constitutional amendment regarding the powers of the governor and the legislature following certain disaster or emergency declarations

  • Birdwell – Events of the last year have brought to light issues in the state’s disaster response methodologies
  • Texas state legislature was the last body to convene after the pandemic began; were unable to speak for those who elected them
  • Legislation is a response to the shortcomings in laws, and is not related to Governor Abbott’s handling of the pandemic
  • Bill balances legislative and executive per views during a declared disaster; affords the legislature to weigh-in on these disasters
  • Chapter 418 provides the legislature can end a disaster at any time, but is meaningless during an interim
  • CS mandates the governor to call a special session if a disaster or emergency declaration is to exceed 30 days and if it crosses any one of these thresholds:
    • Half of the state’s population
    • 2/5 of the state’s counties; 102 counties or more
    • 2/3 of the state’s counties in each of three or more trauma service regions
  • During this special session, the legislature could respond in the best interest; can eliminate the declaration altogether or go along with it
  • Legislature could directly file suit at the Texas Supreme Court to ensure a special session is called when course of action is appropriate
  • CS allots the governor 90 days to respond to a nuclear or radiological event if the scope of the disaster crosses previously described thresholds

CSSJR 45 voted out of committee (5 ayes, 0 nays)

 

SB 1025 (Birdwell et al.) (CS) – Relating to the authority of the legislature and governor with respect to certain disaster or emergency declarations

  • Birdwell – Laws concerning disaster and emergency response are a hodge-podge of disorganized amendments in statute
  • Statute currently says during a declared disaster the governor can suspend “regulatory statute,” which has come to mean any statute
    • Is difficult for the legislature to go back and define what “regulatory statute” means
  • Distinguishing between a disaster and emergencies is difficult as they are used interchangeably
  • CS codifies special session provisions as mentioned in SJR 45
  • Bill stipulates only the legislature may impair the operation/occupancy of a business or house of worship
  • CS maintains the protections for businesses, but removes houses of worship
  • CS removes restrictions on the selling of weapons and ammunitions
  • CS provides limitations for the governor’s disaster suspension powers for elections, penal, and criminal procedure codes
  • CS grants the governor 30 days to suspend these code provisions
  • Legislature has exclusive authority beyond 30 days, but governor may not suspend any Chapter 433, or 418, nor any Sunset Decision provisions the legislature makes
  • CS requires Governor’s office to publish a list of actively suspended statutes
  • Governor will clarify to the extent that the statewide response encompasses or provides flexibility for local governments to make distinct plans
  • County government decisions and emergency declarations will only apply within the jurisdiction of that county under CS
  • CS provides distinction between disasters and emergencies and the powers allocated under each declaration
  • Disasters will be strictly acts of god or manmade catastrophes, malicious or negligent, unassociated with violence or force
  • Emergencies will be situations where citizens’ conduct has deteriorated, including protest, riot, unrest, or revolt
  • Lucio – Voices support for the legislation and for Sen. Birdwell, as well as the Governor’s actions and concern for communities
  • Birdwell – Thanks Sen. Lucio
  • Hall – Supports the legislation, grateful for the flexibility given to the Governor in short-term issues. Some questions:
  • Hall – Understand protection of businesses, but questions why Birdwell removed the protection of churches and religious institutions
    • Birdwell – Free exercise of religion is important, but removed the clause from the bill because there are several other bills cover the closing of religious institutions, so that provision would just complicate an already complex piece of legislation
    • Could not turn this bill into every element possible, thus overcomplicating the bill and potentially leading to its defeat, so I let other bills take that clause
  • Hall – Out of all of the “ornaments on the tree”, what upset people the most was the shutdown of churches, and is concerned that we cant overstate the importance of free exercise. The other right that is major is the right to self-defense, and we saw that in previous natural disasters (Harvey), local officials were looking to take guns away. Would like to see that provision.
    • Birdwell – Other legislation already is proposed covering that issue, again, too many ornaments on the tree
    • I agree with your concern about those bills passing, but those issues are complex and need their own bill to be more precise
  • Lucio – Bill is a major step forward
  • Nelson – Discusses challenges faced financially due to COVID, praises tackling of Governor emergency powers by the bill and Sen. Birdwell, encourages forward-thinking and discussion of all sides of the issue

CSSB 1025 voted out of committee (5 ayes, 0 nays)

 

Unless otherwise noted, testimony covers both bills jointly

 

Terri Hall, TURF and Texans for Toll-Free Highways – For

  • COVID pandemic resulted in loss in significant gas tax revenue and toll revenue, could affect state credit
  • No provisions made for payment of toll bills, despite reprieve for rent and other fees
  • Government picking winners and losers
  • Significant supply delays also occurred as a result of the pandemic
  • Personal anecdote about mask policies affecting family with medical exemptions, cancellation of various events
  • One individual should not have the power to make such life-altering events
  • Instead of special session, the emergency session should be a regular session controlled by the legislature rather than the Governor
  • Would like to see inclusion of religious freedoms and gun rights clauses in the bill

 

McKenna Hall, Self – For

  • Personal anecdotes about events being cancelled due to the pandemic restrictions
  • Lucio – Expresses compassion for stories, encourages her to not be discouraged

 

Don Dixon, Self – For

  • Expresses opposition for lockdowns and desire to prevent the tragedies that occurred as a result, including lives lost to mental health and economy

 

Mitch Fuller, Texas VFW – For

  • Government is faced with a tough challenge when dealing with these kinds of emergencies
  • Executive needs some flexibility, but the legislature needed to be able to convene and oversee Governor’s actions
  • VFW posts were shut down because they are defined as “bars”, hurting the veteran communities

 

Stacy McMahan, East Texas for Liberty – For

  • Support reform of Section 418
  • Requests that no one be granted the authority to prevent doctors and patients from meeting or giving/receiving treatment

 

Tom Glass, Texas Constitutional Enforcement – For

  • Opposes executive control and emergency powers on ideological grounds
  • Texas Disasters Act is too broad and provides too much power to the Governor
  • Likes there is the right to sue if the legislature does not get a special session
  • Need to make sure the SOS or others do not change election law like in Georgia; does not know why code of criminal procedure needs to be suspended
  • Birdwell – Another bill is in the Senate that says the governor may not suspend the voter qualification statute; aimed to not complicate the bill
  • Birdwell – Biggest thing is to have special sessions so citizens can voice those types of concerns to us

 

James Quintero, Texas PPF – For

  • Believes we can do a better job balancing liberty and power; Chapter 418 reforms are needed
  • Proposed legislation recognizes the need for decisive action during a disaster
  • Legislation affirms important legislative structural preset and creates a legislative check on executive overreach

 

Eli Creamer, Self – For

  • Notes Texas is one of the “truly” free states; bill addresses a huge overreach in government power
  • Nelson – Agrees with their sentiments and thanks for their testimony

 

Paul Dixon, Self – For

  • Owns and operates a campground; more concerned about government overreach, that shut down their campsite, than natural disasters

 

Lawrence Llloa, Self – For

  • Owns a water and fire damage company; notes they would like to live in the free Texas they moved to