Lt. Gov.’s task force says local leaders exceeded authority with emergency declarations.
Task force backed by Patrick protest emergency actions
Local governments could find their emergency powers hemmed in during future emergencies under recommendations proposed by a task force that Lt. Gov. Dan Patrick set up.
State government needs an offswitch to end local disaster declarations if necessary and clarify what steps mayors, counties and school boards can take during an emergency, says the Texans Back to Work Task Force in its 114-page report.
“The recent shutdown showed how the principles of representative government can be thwarted when mayors and county judges have too much power in making unilateral decisions without the agreement of the rest of the executive body,” the report says.
The report comes as public pushback against emergency orders is increasing at all levels of government, particularly from conservatives.
Some coronavirus restrictions on businesses and individuals have been in place since midMarch. It is unprecedented for such sweeping orders to linger for so long. Adding to the frustration is confusion over contradictory orders from cities, counties and state government that have left people guessing about whether they have to wear a mask in public, whether they can visit parks and beaches, and which businesses can stay open.
Even the judicial system has begun to look at emergency orders in a different light. The Texas Supreme Court on Tuesday refused to directly weigh in on business closure orders, but seemed to sympathize with those challenging them.
“As more becomes known
about the threat and about the less restrictive, more targeted ways to respond to [COVID-19], continued burdens on constitutional liberties may not survive judicial scrutiny,” the court wrote.
The leader of Patrick’s task force says the patchwork of state and local emergency orders has been difficult for businesses in Texas to navigate, particularly those with multiple locations in different jurisdictions that are subject to different rules.
“Obviously we're not calling for a one-size-fits-all,” said Task Force Chairman Brint Ryan, founder and CEO of Ryan, LLC. “But if there was a framework, you know a conceptual framework or guidelines in place, then you could achieve that local control and local initiative without confusing businesses that have to operate in more than one locale.”
Patrick echoed that concern, saying “we can’t have this patchwork” where even cities in the same county can have different rules.
Patrick, as lieutenant governor, is elected statewide and presides over the Texas Senate where he plays a major role in what bills are heard in the Senate.
The new recommendations come a few weeks after State Sen. Paul Bettencourt, R-Houston, said he was ready to file legislation to stop the overreach of emergency orders by local governments in Houston and Harris County. Bettencourt has targeted Harris County’s attempt to release inmates from the jail as a step too far that the state Legislature is determined to rein in.
Harris County Judge Lina Hidalgo, a Democrat, has said she knows she’s going to take criticism, but in the heat of the moment, she is making decisions to do her best to save lives.
“Once this is over, I’ll be happy to debate anybody about the decisions that were made,” Hidalgo said after she put in place a facecovering requirement for all of Harris County. “That’s the reason we have elected leaders.”
The recommendations on local government emergency rules are just a small part of a report that had over 400 recommendations for employers, employees, state and local government and the public as the state prepares to emerge from the economic damage caused by the coronavirus.
The task force was largely comprised of business leaders around the state from a variety of industries to help make proposals on how to restart the Texas economy.
“This report will help leadership and business return Texas once again to be the number one job creator in the nation,” Patrick said. “It is a ‘bottom-up’ guide of best practices for businesses to follow as we re-open the Texas economy and prepare to rebuild after the severe damage from the long shutdown.”