AUSTIN — A group of staunchly conservative state lawmakers called on Thursday for Gov. Greg Abbott to “stop government overreach” and reform a decades-old law granting his office broad authority during a state of disaster.
The request by the Texas Freedom Caucus would mean a curtailing of the governor’s broad powers during a disaster, which Abbott has used to steer the state’s COVID-19 response. He has issued 20 executive orders since he declared a state of disaster on March 13.
“Actions pressed with the force of law need input from those elected to write laws,” state Rep. Mayes Middleton, R-Wallisville, who leads the caucus, wrote in a letter. “The separation of lawmaking, law enforcement, and law interpretation are the foundational checks and balances that make Texas and America exceptional in the world. Many Texans fear that we have drifted away from those checks and balances.”
The caucus is made up of 11 of the Texas House’s most right-wing Republicans, including North Texas Reps. Tony Tinderholt and Bill Zedler of Arlington, Matt Krause of Fort Worth, Mike Lang of Granbury and Matt Shaheen of Plano. Lang and Zedler are not seeking re-election.
The legislators walked a fine line, not criticizing Abbott personally but making clear they think his executive orders have negatively affected Texans.
“Although many legislators, and even our own caucus, have criticized some of the actions you have taken during the COVID-19 pandemic, we know that you have undertaken each and every decision with painstaking care,” they wrote. “Regardless, the fact remains that the effects of these orders have caused families across the state to take massive financial hits, and in many cases caused businesses to permanently close their doors.”
They said Abbott’s orders had resulted in family members being unable to see each other, especially those who have loved ones in nursing homes.
The lawmakers cited the Texas Disaster Act of 1975, which grants the governor broad authority when responding to state disasters. The law was made to respond to natural disasters, such as hurricanes, that have clear end dates, not global pandemics with no end in sight, the lawmakers argued.
It was not meant to “address a disaster of the magnitude or crisis of the length COVID-19 has turned out to be,” they wrote. “In fact, we do not believe that any prior Legislature could have possibly foreseen this specific set of circumstances.
“Through our painful conversations with constituents, it is abundantly clear to us that the Texas Disaster Act of 1975 must be heavily reformed.”
The lawmakers stopped short of calling for a special legislative session, saying that decision ultimately rested with the governor. But they listed proposals Abbott could consider if he convened a special session, or that he could prioritize during the next regular session in January.
Those include imposing a time limit on gubernatorial disaster declarations that would trigger the involvement of the Legislature for further action, or barring state agencies from revoking or suspending business licenses during a disaster declaration.
Abbott has been the state’s leader in responding to the COVID-19 pandemic. But as cases continue to rise and millions are left without work, lawmakers have started asking to be more involved. The Legislature, however, cannot act when it is not in session and when even oversight hearings are impossible because the Capitol is closed.
“Nothing at this point is more urgent,” they wrote. “Reforms such as these will allow all 181 members to have a say and a vote for their district in a crisis of this magnitude, and us to do our duty to guard against overreach and protect liberty for all.”
