San Antonio Express-News

Senate tries to curb Abbott’s emergency powers

- By Jeremy Wallace and Jeremy Blackman AUSTIN BUREAU

Gov. Greg Abbott would never be able to shut down businesses in Texas again during an emergency like COVID-19 under legislatio­n that passed the state Senate on Tuesday.

In a move to curb Abbott’s powers, lawmakers would require him to call the Legislatur­e into a special session in order to shut down businesses during a major statewide emergency.

State Sen. Brian Birdwell, Rgranbury, said his Senate Bill 1025 makes clear “only the Legislatur­e may close or economical­ly degrade a category of business.” The Senate also passed a proposed constituti­onal amendment that would require the governor to call a special session if a disaster lasts more than 30 days. That measure would need to be approved by the state’s voters to become law.

Because the Legislatur­e meets once every two years, lawmakers had a limited role in weighing in on the pandemic response until the start of 2021. The duration of Abbott’s coronaviru­s-related orders — the first was issued March 1, 2020 — is unpreceden­ted and raises questions about the strength of the governor’s emergency powers, which have also

been the subject of a number of lawsuits filed by business and political interests.

The legislatio­n curbing Abbott’s power still has a long way to go. It must still go to the Texas House for approval. The House has its own legislatio­n seeking to rein in the governor’s emergency powers — House Bill 3 — which has yet to pass out of committee.

During the pandemic, Abbott has received increasing criticism from Republican­s who disagreed with forcing businesses to close or limit their occupancy to prevent transmissi­on of the virus. Though such shutdowns were enacted in most states, the lawmakers say they worried that livelihood­s were destroyed by those decisions.

During debate of the measure on Tuesday, Democrats including Sens. Sarah Eckhardt, Daustin, and Jose Menendez, D-san Antonio, raised concerns about giving businesses blanket protection­s during the next pandemic, saying it could take weeks for the Legislatur­e to convene and move on measures that may be needed immediatel­y to save lives.

“What if we need to act with speed?” Menendez said. “What if there has to be a brief closure for 15 or 20 days?”

“Maybe you’ve raised a concern that the House will take up,” Birdwell responded, adding, “I’m adamant that only the Legislatur­e can close businesses. The state Legislatur­e must make the most seminal decisions for livelihood.”

“I agree that the Legislatur­e should have a role, but will remain opposed because I don’t see this Legislatur­e being able to convene fast enough,” Eckhardt said.

 ?? Billy Calzada / Staff file photo ?? Businesses like the Buckhorn Saloon in downtown were closed last June because of the governor’s mandate.
Billy Calzada / Staff file photo Businesses like the Buckhorn Saloon in downtown were closed last June because of the governor’s mandate.
 ?? Courtesy ?? The duration of Gov. Greg Abbott’s coronaviru­s-related orders is unpreceden­ted.
Courtesy The duration of Gov. Greg Abbott’s coronaviru­s-related orders is unpreceden­ted.

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