Rep. Dustin Burrows (R-Lubbock) files Controversial House Bill 3

Texas State Representative Dustin Burrows, a Republican from Lubbock, recently filed House Bill 3. This bill is titled the Texas Pandemic Response Act. As it currently stands, the bill aims to do many things. Most troubling, however, is that HB3 would legitimize Governor Abbott’s COVID restrictions and mask mandates. Those restrictions came to an end as of Wednesday March 10, 2021. 

The bill would add a new section to the State of Texas’s disaster code which enables the declaration of pandemic disasters. By declaring disaster, the Governor of Texas would be able to issue and enforce mandates, and restrictions which carry the force of law. Each pandemic disaster declaration may last 30 days, however, the declaration can be renewed indefinitely without the consent of Texas Congress.

The Texas Legislature may vote to end disaster powers. However, with the Legislature only meeting every other year unless summoned for an emergency session by the Governor, this section of HB3 gives the Governor near-monarchical power. More accurately, House Bill 3 gives a stamp of approval to the monarchical actions already taken by Gov. Abbott.

A Lubbock, TX resident reached out to Rep. Burrows to voice concern over House Bill 3. Mr. Matt Crow, Burrow’s Communications and District Director in Lubbock, responded by listing several things the bill does. Crow listed nine things that HB3 seeks to accomplish:

1) Protections for places of worship from forced closures;

2) Protections for our second amendment rights and business ancillary to those from closure;

3) Protecting our elections from having local jurisdictions create their own set of rules;

4) Liability Protection for business from being sued for people who may have been exposed to pandemic disease;

5) Liability Protection for volunteers who want to help with much needed resources;

6) Protections for taxpayers to prevent taxes from being races when their commerce has been shut down;

7) Opportunities for families to find in-person education when their local school districts don’t provide it;

8) Stopping the threat of jail for people who may run afoul of any order; and,

9) Stopping local jurisdictions from making orders that would have gone much further.

The Lubbock locale who reached out to Rep. Burrows was interviewed by The Hitching Post under the condition of anonymity. He retorted to Crow’s list by pointing out that Crow had ignored the most controversial part of the bill. 

“A little leaven leavens the whole lump,” he said. Crow again replied to the Lubbock resident continuing the baking metaphor. Crow said that there’s still a way to go before the cake is finished.

Later, Mr. Crow messaged again and clearly stated that HB3 “is a LONG way from being voted on.” He continues:

“[B]oth the State Senate and the House must get under the hood and tinker with it. Below is a link to a broad overview of how the bill is being received, and the multiple steps the bill must go through before passage.

Also, below are two links where you can find the current statutes for Chapter 418, of the Government Code, which governs the State’s emergency management of disasters, and separately, a link where you can access the language in House Bill 3 as filed.” *

Are the problematic aspects of the so-called Texas Pandemic Response Act merely a political tool in order to get the ball rolling for a more effective and non-tyrannical bill? Or are Rep. Burrows and Mr. Crow merely dodging the question? It’s impossible to know for sure. However, there are two things of which conservatives can be rather certain.

First, politics is a complicated enterprise. Unfortunately, the game of politics is not simply about presenting pristine bills that advance the causes of liberty. Rather, politicians must know how to work with and against opposition. They must balance standing for abstract principles while actually aiming and advocating for concrete laws and policies. This requires an uncomfortable tension which balances the politicians own agenda (which may be good or bad), the will of the politician’s constituents, and the power of the politician’s opposition.

Second, regardless of how complicated politics are, House Bill 3 must be opposed by freedom loving Texans. The king-like powers that it would give the Governor are unacceptable. The True Texas Project, a grassroots conservative movement, has called upon all its members and all Texans to contact their state representatives and request that they oppose HB3 as it is currently written. To figure out who your representative is and to contact about House Bill 3, click here.
*Here are the other resources mentioned by Mr. Crow: Ch. 418, Government Code & House Bill 3