Government

During the 2020 COVID pandemic, Governor Greg Abbott was criticized by members of both parties — by the Democrats for inadequate restrictions and by the Republicans (his own party) for having too many restrictions. In response, a constitutional amendment was proposed in the 2021 Texas legislative session that would limit the powers of the governor in a pandemic or other crisis. What restrictions on the governor’s powers were proposed? What were the arguments for and against these restrictions? What happened to this proposal during the regular session? Do you believe that the governor exceeded his authority during the pandemic or do you believe the governor’s actions did not go far enough? Be sure to explain your position in detail.

ANSWER 

2021 Texas Legislative Session

Introduction

The pandemic led to massive strains globally, with many tough decisions for people to make, especially due to the loss of life. With the high rate of Corona virus cases in Texas, the Gov. Greg Abbott decided to make choices and restrictions for the state’s safety through his emergency powers (Hodge and Piatt, 2021). However, Democrats and Republicans have criticized Gov. Greg Abbott over his reaction and response to the Coronavirus pandemic taking issue with how he used his executive powers. There have been different opinions about Gov. Greg Abbott throughout the pandemic regarding his choice. The debate over the governor’s emergency powers has risen after Abbott’s decisions. For instance, at the beginning of the pandemic, he issued a statewide shutdown order stay-at-home order and later mandated the Texans to wear masks (Sophie, 2021). The democrats and republicans argued that despite the Governor having emergency powers to ensure the state’s safety, there is a need for the people to make sure that the emergency orders reflect the needs and conditions of the community.

What were restrictions on the Governor’s powers proposed?

Texas house has proposed a bill to limit the powers of the Governor during the pandemic. After passing the bill, the Governor would be required to have lawmakers’ approval if they wanted to pass any restrictions. House Bill Three, also known as the Pandemic Response Act, introduced a twelve-member committee that would have the power to review the declarations of the Governor when the legislative is not in session (Kate, 2021). The legislation would establish a legislative oversight with a committee. The bill does not offer any additional powers to the Governor but clarifies the response to the pandemic. However, the Governor is hindered from making a lot of decisions rapidly. The Governor should have a special session to pronounce a state crisis that has occurred for more than thirty days. The special sitting would offer the lawmakers the chance to adjust or terminate the executive arrangements by the Governor or pass the novel laws linked to the emergency or disaster.

What were the arguments for and against these restrictions?

Covid-19 was a big stressor in the early months, which led the Governor to do his best to maintain the livelihood of Texans. Through the measures and restrictions taken by Gov. Abbott, Texas was able to resume normal sooner than any other state. Responses that human rights shape respect and result in better outcomes in dealing with a crisis. Restricting the governor’s emergency powers leads to existential threats to the state. The Governor issued Covid-19 restrictions under the Texas Disaster Act of 1975. The Act allows the Governor to support the executive orders such that the Governor is allowed to suspend the provision of any rule to cope with the pandemic (Garcia, 2020). However, others argued that the Act was not perfect for the condition prompted by an unmatched public health crisis, thus making the restrictions appropriate.

Although Governors can respond to emergencies through their powers, there is a need for the legislature to make sure that the powers are not misused or abused. The Governors should not promulgate emergency rules that offer them authority beyond the statutory limits. The legislature should limit the powers of the executive. Various states have imposed certain restrictions on emergency powers, such as limiting the press freedom. Requiring a legislative approval and taking majority votes or requiring a governor to call a special sitting, thus effectively responding to emergencies.

What happened to this proposal during the regular session?

State lawmakers failed to appear to reach a negotiation by a major legislative deadline. This eventually killed the bill in the final days of the regular session. The senate and Texas House members missed the midnight Saturday deadline that was aimed to negotiate the report on the measure. Only a few of the state lawmakers selected to restrict the Governor’s powers during the pandemic made it to the finish line.

Do you believe that the Governor exceeded his authority during the pandemic, or do you believe the Governor’s actions did not go far enough?

On March 19, 2020, Gov. Greg Abbott made his first decision to lower Coronavirus range in Texas. He issued an executive order to close public areas such as bars, gyms, schools, and restaurants. Abbott also restricted visitation to long-term care centers and nursing homes. A month later, Gov. Greg restricted movements with stay-at-home orders. During summer, he ordered the wearing of masks in public settings. A year later, the Governor reopened the state to 100 percent. The Governor did not exceed his authority since he was responding to the pandemic situation under the Texas Disaster Act of 1975. The Governor did his best to maintain the lives of the Texans during a period when many people were losing their lives due to the pandemic. Despite the fact there we so many structural changes and a high unemployment rate during the period, Texans were able to resume faster than other states.

Conclusion

The Covid-19 pandemic is among the greatest challenges encountered by Texas and the entire world. The impacts of the pandemic were massive to the vulnerable Texans. Considering the impacts of the pandemic, Gov. Greg decided to impose restrictions for the safety of Texans. However, there were debates on the use of the governor’s emergency powers during the pandemic. This led to the proposal of the Pandemic Response Act that aimed at limiting the powers of the Governor during the pandemic. However, the bill failed to pass due to state lawmakers failing to meet the Saturday midnight deadline.

References

Garcia, M. A. (2020). Is the Texas Disaster Act of 1975 Unconstitutional? A COVID-Era Review of Constitutionality Mandated Separation of Powers as It Relates to Chapter 418 of the Texas Government Code. Tex. Rev. L. & Pol., 25, 7.

Hodge, J. G., & Piatt, J. L. (2021). COVID’s Counterpunch: State Legislative Assaults on Public Health Emergency Powers. __ BYU Journal of Public Law __ (Forthcoming 2021).

Kate, M. (2021). Senate passes bill to curb Texas governor’s power to shut down state for extended time during emergency. Available at: https://www.texastribune.org/2021/04/13/texas-legislature-governor-power-emergency/

Sophie, Q. (2021). Lawmakers Move to Strip Governors’ Emergency Powers. Available at: https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2021/01/22/lawmakers-move-to-strip-governors-emergency-powers