Texas House, Senate fail to reach compromise on bill curtailing governor's pandemic powers

A bill that would curb a governor's powers during a pandemic has died after a committee of appointed members of the Texas House and Senate missed a midnight Saturday deadline to issue a compromise report on the measure.

The initial version of House Bill 3, known as the Pandemic Response Act, would have created an oversight committee with powers to strike down any governor's order, waiver or suspension. The low number of the bill signals it is a priority for House Speaker Dade Phelan, a Beaumont Republican, and came in response to Gov. Greg Abbott's use of sweeping powers under the state's disaster declaration during the COVID-19 pandemic.

Many conservative Republicans chafed at Abbott's coronavirus restrictions, which followed the recommendations of public health experts, including state health officials and medical advisors to Abbott. Abbott's pandemic performance, however, was not a central feature of debate about the bill.

Phelan has called the legislation “the House’s blueprint for pandemic response," and Rep. Dustin Burrows, a Lubbock Republican and top lieutenant of the speaker, carried the measure.

Spokespersons for Phelan and Burrows did not immediately return requests for comment.

The House version of the bill would have continued to allow the governor to suspend state laws and trump decisions by local officials, a change denounced by Democrats, including Austin Mayor Steve Adler. Abbott has restricted the power of local officials throughout the pandemic, largely attempting to keep mayors and county judges from issuing their own orders restricting business operations and mandating face masks.

MORE: Texas House approves checks to governor's pandemic powers

The Senate expanded the bill to include disaster declarations issued during natural disasters. The original House version of the bill applied only to a pandemic.

The Senate also stripped the bill of the oversight committee. The 12-member group, including the lieutenant governor and House speaker, would have had the power to review the governor's disaster declarations and other orders if the Legislature were not in session. The governor would have had to get approval from the committee to renew a disaster declaration beyond 30 days. After 60 days, the Legislature would have had to convene in a special session to approve the continuation of a disaster declaration.

Other pandemic bills

The failed measure was one of a number of bills lawmakers authored this session to restrict a governor's powers during a pandemic, but only a few made it to the finish line, including measures that wouldn't allow the closure of houses of worship and gun stores during a pandemic and allow families to designate an essential visitor for long-term care residents.

MORE: Senate approves curtailing Texas governor's disaster powers

Last spring, when Abbott issued his monthlong stay-home order, he included houses of worship among essential services. He also made exceptions for the firearm industry, and Texas Attorney General Ken Paxton issued a nonbinding opinion last year that declared gun stores as essential businesses.

Senate Bill 6, another coronavirus bill, passed through both chambers and would offer protection for businesses in certain pandemic-related lawsuits.

Senate Bill 1025, which passed in the Senate but died in a House committee, would have prohibited governors from issuing disaster orders that close businesses or impose limits on occupancy or hours of operation, reserving that power only for the Legislature. If a governor believes business operations must be curtailed to preserve health or safety, the bill would have required the Legislature to be called into session to debate and decide the matter.

Abbott targeted

Abbott was targeted for criticism from the right wing of his party, particularly last summer after he shuttered bars and limited elective surgeries and mandates masks in public places, amid rising COVID-19 cases numbers, hospitalizations and deaths.

Agriculture Commissioner Sid Miller and GOP Chairman Allen West joined protesters outside the Governor's Mansion in October for a "Free Texas" rally to urge Abbott to lift all COVID-19 restrictions.

Miller and West, along with other Republicans, also unsuccessfully sued Abbott over his order expanding early voting as a pandemic safety measure to limit crowding at polling places.

In March, Abbott lifted the mask mandate and business restrictions as cases dropped amid rising COVID-19 vaccinations. Some Republicans called the move too late and a few weeks later Don Huffines, a former GOP state senator from Dallas and critic of Abbott's pandemic decisions, announced a bid to challenge Abbott for reelection in next year's party primary.

This article originally appeared on Austin American-Statesman: Texas House, Senate fail to reach compromise on bill curtailing governor's pandemic powers

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