Legislature gaveled open for 87th time
Solving budget problems, handling virus key issues
AUSTIN — Legislators returned here Tuesday for the start of the biennial session, electing a new House speaker and displaying at least a moment of unity amid deepening political divides, the resurging pandemic and an economy teetering on the edge of recovery.
The mostly ceremonial day kicked off what’s sure to be a grueling five months, centered on shoring up the state’s battered budget and responding to the growing health crisis.
Republicans retain their majorities in both chambers, and also will oversee the once-in-a-decade redistricting process, in which they likely will strengthen their electoral positions.
Even as members of both parties came together for the opening remarks and swearing in of new members, they remained visibly at odds over proper health precautions amid the pandemic.
In the Senate, masks were not required, and at least half the legislators declined to wear them while seated at their desks.
Plexiglass barriers lined administrative desks at the front of the room, but only Sen. Borris Miles, a Houston Democrat, had a protective shield around his desk.
“We’re here to do the people’s business,” said Lt. Gov. Dan Patrick, who heads the Senate and has been a vocal opponent of mandated restrictions.
“We want our Capitol open this session, unlike many states,” he added. “We want the public to be here and have your voice heard in committee, to be able to visit your representative.”
Members and their guests were required to test negative for COVID-19 before entering the Capitol.
The new session arrives as infections in Austin have reached all-time highs.
On Tuesday, state and local emergency officials opened a temporary facility for overflow hospital patients as the city’s hospitals continued to be overrun with coronavirus patients.
Sen. Paul Bettencourt, RHouston, was among those who declined to wear a mask in the chamber.
His spokesman said “everyone was tested prior to coming into the Capitol this morning, including all senators and guests that were sitting in the gallery today.”
Restrictions inside the Capitol already were divisive leading up to opening day.
On Monday afternoon, two House Democrats from the Dallas area — Reps. Michelle Beckley and Ana-maria Ramos — announced they would forgo the ceremonies in person over concerns about it becoming a “superspreader” event. Instead, the two were to be sworn in by Ramos’ husband, who’s a public notary, at an alternate location.
Across the nation, many state legislatures convened for the first time this week with varying safety protocols.
In New York, legislators met mostly over Zoom, and the Capitol building is closed to the public. California had intended to begin session last Monday but delayed it by a week amid a surge in coronavirus cases; its Capitol precautions include temperature checks and plexiglass dividers between employees.
In Montana, one of only three other states with a biennial Legislature, a lawmaker tested positive for COVID-19 after just four days of a session with some remote participation, the Helena Independent Record reported.
While the Texas House and Senate had published rules last week regarding protocols for COVID-19 precautions Tuesday, with senators agreeing to be tested beforehand and House members keeping it optional, the Department of Public Safety made a last-minute change Monday night, saying testing would be required of anyone who enters the Capitol.
Senators will not be required to wear masks on the floor of that chamber, but House members will.
A spokeswoman for Patrick didn’t respond to a request for comment on his decision not to require masks in that chamber.
Miles, the Democrat who had a barrier installed at his desk, said they were offered to all members, and he decided to accept “as someone who has underlying health conditions, including a kidney transplant I received in late 2019.”
The Senate still is discussing safety rules for the remainder of session, he said.
In the House, lawmakers elected Beaumont Republican Dade Phelan to be the next speaker on a nearly unanimous vote.
The sole dissenters, Republicans Jeff Cason, RBedford, and Bryan Slaton, R-royse City, had tried unsuccessfully to dissuade Phelan from appointing any Democratic committee chairs.
Replacing former House Speaker Dennis Bonnen, Phelan vowed to continue prioritizing education, following last session’s funding boost, and said he’s committed to helping small businesses stay open amid the pandemic.
“Texans are resilient, flexible and capable of incredible feats when they’re allowed to do their jobs, operate their businesses and live their lives as they see fit,” he said.
Two House members did not attend Tuesday’s ceremony because of recent positive COVID-19 tests: Reps. Drew Darby and Tracy King.
Darby said in a statement he is feeling “healthy and strong and look forward to us getting to work.” His chief of staff said he was sworn in outside the building.
King was sworn in at home Tuesday after testing positive last week, his office reported.
Rep. Tom Oliverson, a Republican from Cypress who is a practicing anesthesiologist and chaired a bipartisan workgroup convened to make recommendations for legislative operations during the pandemic, said he has been stressing to fellow lawmakers that this is a “fluid situation.”
“My exact words to them were the most important commodity this session is going to be patience and flexibility,” Oliverson said. “And sort of this idea that we need to understand that in addition to taking precautions, this is going to be a session that evolves over time, just as this pandemic has evolved over time.”
Gov. Greg Abbott addressed the members of both chambers, asking them to replicate the “tremendous success” of the 2019 legislative session.
“Tackling COVID challenges” and “supporting our law enforcement officers” are among his top priorities, he told members of the Senate.
“We all need to come together and work together over the next 140 days,” Abbott said. “We have the opportunity to put Texas on a trajectory to make our state even more extraordinary.”
Law enforcement officials had warned about potential armed protests heading into Tuesday’s ceremonies, but only a handful of demonstrators showed up, and were met by hundreds of state troopers clad in tactical gear.