Don't be lulled into thinking this is over. It's not. Abbott leaves the door open for local authorities and in particular businesses to continue on with this nonsense. This last year has shown us just how bad this emergency powers law is, passed but Dem supermajorities and a Dem governor back in 1975. We finally have the legislature in session, and it doesn't look like they are going to do a damn thing about this. Call your legislators today. Start with insisting they support these five bills HB 2196, 1406 2097, 2098 and SB 18. These are some of the most important bills that may have ever come before the legislature. We need this now more than ever. There are a long list of constitutional amendments on the table as well, for example allowing the legislature call itself into session.
HB2196 eliminates the power of the Governor to suspend laws under emergency powers. The Democrats passed an unconstitutional law granting these emergency powers in 1975 with super majorities and a democrat governor. It specifically violates Article 1 sec. 28 of the Texas constitution. You know, after the last dictator Republican Governor Davis ran roughshod over the state with martial law, suspending habeus corpus, imprisoning his political opposition, and refusing to leave office after he lost the election. He was finally removed from the capital at gunpoint in 1873. We amended the constitution in 1875 to fix that.
HB 2196 eliminates this democrat abomination from 1975. It stops Abbott from any further abuses. My representatives tell me this bill will likely get no Democratic support as they wait with baited breath for their next opportunity to "elect"/appoint a governor after the precedence that Abbott has set. Please support this bill with everything you have. We will likely need a 2/3 majority to pass it unless we bring Abbott to his knees and force him to sign it. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB02196I.htm
HB1406 codes into law the power of the people to redress abuses of emergency powers in the courts by specifically defining standing for every citizen. I have been told that all of the lawsuits challenging Abbott's abuses have been dismissed on standing. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB01406I.htm
HB 2098 Prevents the governor and local authorities from defining penalties for violating emergency rules. The governor shouldn't be the sole source to define laws, penalties, and then execute those penalties against the people. It's a separation of powers issue. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB02098I.htm
Based upon the precedence set by Abbott, here is where we stand in Texas. The governor can wait until immediately after a legislative session. Then he declares another bogus emergency. (Did you know we're still under emergency from Harvey?)
Let's say it's a climate change emergency this time! With that, we've seen that he then has virtually unlimited power to dictate and suspend laws and penalties up to and including stripping away all our most fundamental rights. The legislature can't assemble to check that power for two years. Even then at best, they can only pass bills that the governor won't sign. They'll need a 2/3 majority to override his veto.
So, the Governor legislates unconstitutional laws, sets penalties and enforces them, suspends laws, suspends our most fundamental rights, and the people need a 2/3 majority in the legislature to override him, two years later. Oh, and we have no standing to seek redress in the courts. That's the kind of government we have in Texas. Do everything you can to support these bills. If you thought Abbott was bad, and that this Covid nonsense is over wait until the next time the democrats come back into power.
Don't be lulled into thinking this is over. It's not. Abbott leaves the door open for local authorities and in particular businesses to continue on with this nonsense. This last year has shown us just how bad this emergency powers law is, passed but Dem supermajorities and a Dem governor back in 1975. We finally have the legislature in session, and it doesn't look like they are going to do a damn thing about this. Call your legislators today. Start with insisting they support these five bills HB 2196, 1406 2097, 2098 and SB 18. These are some of the most important bills that may have ever come before the legislature. We need this now more than ever. There are a long list of constitutional amendments on the table as well, for example allowing the legislature call itself into session.
HB2196 eliminates the power of the Governor to suspend laws under emergency powers. The Democrats passed an unconstitutional law granting these emergency powers in 1975 with super majorities and a democrat governor. It specifically violates Article 1 sec. 28 of the Texas constitution. You know, after the last dictator Republican Governor Davis ran roughshod over the state with martial law, suspending habeus corpus, imprisoning his political opposition, and refusing to leave office after he lost the election. He was finally removed from the capital at gunpoint in 1873. We amended the constitution in 1875 to fix that.
HB 2196 eliminates this democrat abomination from 1975. It stops Abbott from any further abuses. My representatives tell me this bill will likely get no Democratic support as they wait with baited breath for their next opportunity to "elect"/appoint a governor after the precedence that Abbott has set. Please support this bill with everything you have. We will likely need a 2/3 majority to pass it unless we bring Abbott to his knees and force him to sign it. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB02196I.htm
HB1406 codes into law the power of the people to redress abuses of emergency powers in the courts by specifically defining standing for every citizen. I have been told that all of the lawsuits challenging Abbott's abuses have been dismissed on standing. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB01406I.htm
HB 2097 Prevents the governor AND nd local authorities from mandating masks https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB02097I.pdf#navpanes=0. We need to add to that bill in the Senate to include private businesses.
HB 2098 Prevents the governor and local authorities from defining penalties for violating emergency rules. The governor shouldn't be the sole source to define laws, penalties, and then execute those penalties against the people. It's a separation of powers issue. https://capitol.texas.gov/tlodocs/87R/billtext/html/HB02098I.htm
SB 18 Prevents the governor and local authorities from regulating firearms, ammunition, and firearm related business under emergency powers. https://capitol.texas.gov/tlodocs/87R/billtext/html/SB00018I.htm
Based upon the precedence set by Abbott, here is where we stand in Texas. The governor can wait until immediately after a legislative session. Then he declares another bogus emergency. (Did you know we're still under emergency from Harvey?)
Let's say it's a climate change emergency this time! With that, we've seen that he then has virtually unlimited power to dictate and suspend laws and penalties up to and including stripping away all our most fundamental rights. The legislature can't assemble to check that power for two years. Even then at best, they can only pass bills that the governor won't sign. They'll need a 2/3 majority to override his veto.
So, the Governor legislates unconstitutional laws, sets penalties and enforces them, suspends laws, suspends our most fundamental rights, and the people need a 2/3 majority in the legislature to override him, two years later. Oh, and we have no standing to seek redress in the courts. That's the kind of government we have in Texas. Do everything you can to support these bills. If you thought Abbott was bad, and that this Covid nonsense is over wait until the next time the democrats come back into power.