How will Texas lawmakers keep people safe without stifling the public’s voice?
On any given day during the Texas legislative session, you’ll see hundreds of people inside the Capitol.
Representatives and senators will be on the floor, flanked by staff members. Members of the public and advocates will pack committee rooms waiting to testify. Reporters will be staked out chronicling the news.
This year, things are likely to look different as lawmakers meet in the middle of a pandemic. But exactly how the Legislature will function while keeping people safe and also making sure the public’s voice isn’t stifled remains unclear.
“We’re just hoping to have access to be able to engage in the process,” said TJ Patterson, the manager of legislative affairs for Fort Worth.
He added, “We just want to make sure that our voice is heard as we govern and grow.”
“We have great responsibilities, great needs and concerns, and we just want to be able to represent our council and city management … and help assist them in governing the citizens of Fort Worth,” Patterson said.
There have been discussions on testing and mask regulations, said State Rep. Charlie Geren, who is the chair of the House Administration Committee, during a virtual discussion with the Texas Taxpayers and Research Association in December. Plexiglass dividers have been installed in committee rooms where lawmakers hear testimony on bills and there have been conversations about virtual testimony.
However, nothing has been finalized when it comes to safety rules, he said. Lawmakers are expected to vote on protocols after the Legislature convenes on Jan. 12.
“I really wish I could tell you I knew exactly how we were going to operate and who was going to be in the building and who’s not, but we’re not there yet,” said Geren, R-Fort Worth.
He said work is being done to make the Capitol one of the safest places, but predicted that an outbreak of the virus is inevitable.
“There will be an outbreak,” Geren said. “I don’t think there’s any doubt in anybody’s mind that there’s going to be one, and it’ll probably shut the building down for a week or so.”
Hints at what’s in store
The Texas Capitol will open to visitors Jan. 4 after being closed for months. The grounds surrounding the historic building have already been opened.
The State Preservation Board, which maintains the Texas Capitol, in a Saturday news release said the building will be open from 9 a.m. to 6 p.m. on weekdays and closed on weekends for cleaning. The State Preservation Board is recommending COVID-19 testing, which will be provided at the north plaza at no cost. Masks are required inside the Capitol, and public tours aren’t available.
The House and Senate will oversee public access to their offices and assemblies after the Legislature has convened and rules have been adopted, the news release reads.
A Sunday memo sent by the House Administration Committee recommends House members’ offices do temperature checks at the start of each work day, utilize virtual and outdoor meetings and clean regularly. Members can also regularly test staff and guests and consider requiring masks, the memo reads.
State Rep. Matt Krause, R-Fort Worth, praised the decision to open the Capitol on social media.
“This is the right move,” he said in a tweet. “Looking forward to doing the People’s business, in the People’s House, as the People watch over the deliberations.”
There have been clues of what’s to come when lawmakers meet.
A memo sent to members of the House by Geren laid out procedures for the first day of the session, which is usually filled with pomp and circumstance.
Lawmakers, their staff and guests, and reporters are being asked to take a COVID-19 test. Masks will be required and access to the floor limited. Steps will be taken to disinfect the House floor and hand sanitizing stations will be placed at doors to the House chamber and on lawmakers’ desks.
State Rep. Chris Turner, D- Grand Prairie, was part of a group looking at safety recommendations started by presumptive House speaker, Rep. Dade Phelan, R-Beaumont. Turner said he can’t predict exactly what the rules will be in the House, but said he hopes masks will be required on the floor and that virtual participation will be allowed for committee hearings.
“I think that would help enhance the safety of members, and staff and witnesses,” Turner said. “Especially in the first part of the session when we expect the pandemic case numbers to still be at a dangerously high level.”
Turner expects to see “dramatically less” ceremonial activities on the House floor, such as resolutions honoring constituents.
Patrick, who oversees the Senate, was not available for comment. Requests for Phelan’s comment were not returned.
In the Senate, those seeking to testify on a bill may need to register three days before the hearing and take a rapid COVID-19 test within 24-hours of testifying, the Texas Tribune reported.
Patrick on Monday announced the opening day protocols for the Senate. They include limiting floor access to senators and one family member, COVID-19 testing for senators, their staff and guests, a shorter opening day ceremony and pooled media coverage. The news release does not note whether masks will be required.
Throughout the session, most senate offices will be open by appointment only to allow social distancing, according the the news release. Senate rules and protocols for the first 60 days of the session will be voted on the first week of the session.
“We will fight the spread of COVID-19 by doing all we can to protect the public who visit the capitol as well as employees, staff and the senators,” the news release reads. “In addition to keeping everyone safe, we also want to avoid a potential shutdown due to the virus so we can carry out our constitutional duties over the next several months.”
Public engagement
Members of the Texas Silver-Haired Legislature — a group that advocates for older adults — would typically go to the House and Senate to talk with lawmakers and push priorities, such as letting physicians legally prescribe medical cannabis and funding for home-delivered meals.
“That’s on a non-COVID year,” said member Pat Gleason-Wynn, a social worker who lives in Arlington. “This coming year, we’re not really sure how that’s going to work.”
Many members of the group, which is composed of people 60 and older, have said they don’t plan to go to Austin this year because of the coronavirus. If testimony is needed in person, Gleason-Wynn said there are members who will step up.
“I know that I’m willing to make a trip to Austin, fully masked and with a negative COVID test … to go and provide testimony for our resolutions for older adults,” she said.
Personally, Gleason-Wynn said she’d like to see overflow rooms to prevent crowding. Gleason-Wynn is also expecting a lot of testimony by Zoom. She’s not alone.
“We are preparing … for a more virtual communication mode,” said Chris Wallace, president and CEO of the North Texas Commission, noting that he does hope for physical access to the Capitol.
Turner said members would like to find ways to accommodate virtual testimony for members of the public.
“We have to anticipate different circumstances,” Turner said. “What happens if … 1,000 people sign up online to testify. How do you manage that?”
There are questions that need to be worked out, he said.
“But I think they will be worked out,” Turner said.
Wallace said he has heard rumblings of concerns about communication barriers and transparency. But having increased virtual testimony could actually improve access, said Bill Lynch, the vice president of public policy for the Greater Arlington Chamber of Commerce.
“It’s not very easy for a small business person to give up a day or two of their work to go to Austin to get two minutes in front of a committee,” Lynch said. “So, I’m actually hopeful that some of the changes that will be made will be carried forward, so that we can actually have more business access to the representatives during session.”
Turner encouraged people to stay in contact with their state lawmakers as the session approaches. He’s confident there will be opportunities for the public to testify on legislation that’s important to them.
“Never before has the state Legislature had to meet, per the constitution, in a pandemic,” Patterson, the manager of legislative affairs for Fort Worth, said. “This is a different experience for us all, and we’re still learning in this process.”
This story was originally published January 4, 2021 at 6:00 AM.
