In a January 3 article, the Associated Press called state legislatures “hothouses for infection.” According to the AP’s tally, “250 state lawmakers across the country have contracted COVID-19, and at least seven have died.” With more than 28,000 Texans dead, new COVID hospitalization records being set daily, and the Commissioner of the Department of State Health Services telling a bipartisan group of county judges that “government has reached the limits of what it regulates and controls” and that no further restrictions would be coming from Governor Abbott, the 87th Texas Legislature is set to convene on Tuesday, January 12.
Protocols for the Capitol building, the Senate, and House of Representatives are beginning to emerge, however, some of the most important decisions will be made when the chambers adopt their rules next week. Here is what we know, and don’t know, based on letters from the State Preservation Board, The Lieutenant Governor’s Office, and House Administration.
The Capitol Building is now open to the public from 9 AM to 6 PM on weekdays. The public must enter only from the north entrance. Free COVID-19 testing is available at the north plaza, but is only recommended before entering. A mask is required at all times inside the building. A visitor capacity limit is in place for the building, and social distancing while inside is required. All deliveries must be left at the loading dock and no delivery personnel are allowed inside. No public tours, groups, or sponsored event spaces are available. Each House and Senate office is responsible for setting its own policies for public access.
However, some of the biggest decisions must wait for the chambers to convene and adopt rules. Perhaps the biggest decision affecting the policy process will be how to conduct committee hearings, and the longstanding traditions of public participation in those processes. What will be the protocols for who is allowed in the committee hearing room(s)? Will there be an option for virtual testimony? If so, does virtual testimony equitably include everyone or is it limited to invited persons only? If there is no virtual testimony, will there be a process for electronic registration of a position on legislation outside of the Capitol complex?
Other outstanding questions include the plan for the first 60 days. Constitutionally, the Legislature cannot act on legislation in the first 60 days—unless the Governor names a topic an “emergency item”—in order to preserve that time for bill filing. Does one or both chambers decide to “gavel in and gavel out” during those 60 days to give time for the pandemic numbers to decline and the vaccine to be more widely administered? Does the Governor name emergency items in order to pressure the Legislature to meet in the first 60 days? Does one chamber move quickly to appoint committees and have those committees meet within the first 60 days?
Whatever gets decided when the rules are adopted next week, it is clear from our colleagues in other states that it will be a highly unusual and challenging session heavily dependent on technology. Make sure you are tuning into our Weekly Witness podcast, signed up for Rapid Response, or join your House District’s Legislative Engagement Group, so you can stay on top of the issues.