AUSTIN — Members of the Texas Senate State Affairs Committee on Monday discussed bills that would restrict COVID-19 mandates, limit the emergency powers of the governor, and clarify that non -citizens cannot vote.
Senate Bill 29 would prohibit any governmental entity from implementing or enforcing a vaccine mandate, mask requirements or a private business or school closure.
State Sen. Brian Birdwell, R-Granbury, author of the bill, made clear that SB 29 only applies to COVID-19 restrictions and variants. It would not be applicable should there be a different virus outbreak.
Birdwell said while Texas is currently under Executive Order GA 38 and GA 39, which prohibits local governments from shutting down schools and businesses and implementing masking or vaccine mandates, should they expire local leaders could reissue requirements.
“If the state disaster declaration is not renewed, then these executive orders will lack the effect of law and local governments across Texas will have the ability to restrict Texas freedoms in the name of protecting them against COVID-19,” Birdwell said.
Lawmakers also discussed SB 110, which seeks to reign in the governor’s authority during a declared state of disaster by defining the emergency powers of the legislature and governor.
During the onset of the coronavirus pandemic, Gov. Greg Abbott joined other state leaders in shutting down non-essential business in the state. Texas lawmakers, particularly Republicans, were angered that the governor made several executive decisions regarding the state’s response to the pandemic without calling lawmakers back to Austin in a special session.
Should SB 1104 pass, only the state legislature would have the authority to restrict or impair the operation or occupancy of businesses.
In addition, the bill limits the governor’s suspension powers during a disaster and requires the governor to convene the legislature to respond to the declared disaster.
“Over the past decade, Texas endured a number of onslaughts of natural disasters, which revealed that our state’s disaster and emergency laws were unable to further their originally intended purpose … (which) was to allow the legislature to be heard in the event of those disasters and emergencies,” Birdwell said. “SB 1104 provides a meaningful distinction between disasters and emergencies and the powers implicated under the two types of declarations.”
Abbott said he favors such legislation, and said during his state of the state address that Texas “must prohibit any government from imposing COVID mask mandates, COVID vaccine mandates, and from closing any business or school because of COVID.”
“Also, we must change how the government responds to future pandemics, including requiring the legislature to convene if another pandemic is ever declared,” he added.
Members of the committee also discussed Senate Joint Resolution 35, a bill that proposes a constitutional amendment clarifying that a voter must be a U.S. citizen.
Birdwell, also the author of the resolution, said this is necessary because while it is under state statute that a person must be a U.S. citizen to vote, it is not in the state constitution. Placing it in the state constitution will prevent municipalities from allowing non-citizens to vote in local elections.
The resolution has received bipartisan support with state Sen. Jose Menedez, a San Antonio Democrat, stating during public testimony that he would like to sign onto the bill.
“This is a great idea, and it’s the way it should be,” Menendez said.
All bills discussed Monday were left pending in committee.