Texas House, Senate take different approaches to keeping people safe amid COVID
The first few days of the Texas Legislative Session consisted primarily of procedural matters — a typical practice — but the rules decided on are anything but normal as lawmakers work to govern amid a pandemic.
The Texas Legislature convened on Tuesday. But lawmakers had to set their operational rules before they can get to work debating policy proposals.
Unlike years past, this session’s rules include measures meant to curb the spread of the coronavirus.
“The bottom line is, it is different, so some of these rules are different,” said Rep. Todd Hunter, a Corpus Christi Republican and the primary author of the House resolution outlining the rules.
Senate rules require members to wear masks on the floor unless they are alone at their desks. Masks are also not required at the dais. .
In the House, speakers must wear their masks unless speaking at the front or back microphones. Members of the public watching proceedings from the gallery must also wear masks.
Senators must test negative for the coronavirus before going on the senate floor or attending a committee hearing. A negative COVID-19 test is required for members of the public to watch proceedings from the gallery or to enter a committee hearing.
Lt. Gov. Dan Patrick called the decision to require testing “courageous.”
“I know you cast the vote to protect your staff, to protect guests and protect the members,” Patrick said, noting that the policy will be reviewed after 60 days. “You did the right thing.”
Hunter said the House’s rules do not require testing for individuals because he did not want that to prevent people from participating in their state government.
Testing is a “screenshot in time,” and masks in public spaces, social distancing and air purification systems in offices can work collectively to curb the virus’ spread, he told members of the lower chamber after they voted to pass the House rules.
“These rules contemplate all of these precautions and leave the discretion on whether or not to get tested where it belongs, with members and with the people,” Hunter said.
Free rapid testing is available for members of the public on the Capitol grounds.
Rep. Jeff Cason, a Tarrant County Republican, proposed a failed amendment objecting to the idea that a live broadcast of the hearing could satisfy the requirement that it is public, expressing concerns that people’s access will be limited.
Under the new rules members of the public may attend committee hearings in person, as long as they wear a mask, Hunter said, responding to the amendment. They can also give testimony virtually, if invited to do so, or watch the hearings online.
“During this extraordinary time in our state’s history, the House has provided as much access as possible to the public to share their viewpoints with their representatives,” said newly elected Speaker Dade Phelan, R-Beaumont, in a statement.
The Senate passed its rules, which included COVID-19 protocols, with no debate Wednesday. More contentious was a procedural rule that, while seemingly mundane, could have a big effect on what bills lawmakers take up.
Senate Republicans lowered the threshold to bring a bill to the floor for consideration, a move that makes it harder for Democrats to block bills they oppose.
Sen. Bryan Hughes, R-Mineola, proposed reducing the number of votes needed to bring a bill to the floor from 19 to 18. There are 31 members of the Texas Senate.
The measure had the support of Lt. Gov. Dan Patrick after Democrats picked up a seat in the upper chamber in November, leaving the Republican majority with 18 seats.
Sen. Carol Alvarado, D-Houston, said the rule as it stood before the change encouraged compromise and bipartisanship.
“This has always been known as the deliberative body,” she said. “This rule change dilutes it. It is chipping away at the tradition of this institution.”
This isn’t the first time the Senate as pushed to lower the threshold to bring legislation to the floor. In 2015, when Patrick was elected as lieutenant governor, the number of votes needed to bring a bill to the floor was reduced from 21 to 19.
“If we look back since that time, we’ve continued to function in a bipartisan manner,” Hughes said. “The Senate has operated as effectively, I would submit, and our procedures have not changed.”
Both chambers are in recess until Jan. 26.
