AUSTIN, Texas (Texas Insider Report) — "It is just preposterous that many local governments across Texas were pushing to use emergency powers to release Felony-Charged Offenders from County Jails – like in Harris County (home to the City of Houston) – and at the same time be even talking about everyday Texans being in jail with totally misguided criminal penalties. Texans should never be faced with criminal penalties for 'Mask' Violations... EVER!" said State Sen. Paul Bettencourt (at right, R-Houston,) as the Texas Senate gave final approval to his legislation.
Sen. Bettencourt argued that his effort was needed in order to provide everyday Texas families, citizens and business owners with protection from the threat of political subdivisions using "Emergency Powers" to impose sweeping restrictions and criminal penalties.He noted numerous examples from across Texas, which included 10 p.m. curfews for adults, prohibitions on more than two people in cars at once, and a ban on bike riding.
"The bottom line is, NONE of these examples or violations should of ever been criminal penalties imposed on Texans," said Bettencourt.
The bill's changes would ensure Texans are not getting thrown in jail over violating things like local mask mandates, but are still accountable for upholding essential public health measures.
In addition, SB 1616 would amend the Texas Disaster Act of 1975 to remove "epidemics" from the definition of "disaster" for the purposes of Local Emergency Management, while ensure substantial changes were made to change violations of "local government's pandemic orders" from criminal to civil-only penalties.
"When the 'Federal Grill' opened their doors as a restaurant in Houston to make a point that restaurant service was safe in Harris County, no village or county law enforcement group would write criminal penalties, so why even allow it in the first place?" asked Bettencourt. "There was also one notorious case in Dallas of a Salon Owner actually being thrown in jail," he continued.
- Amend the Texas Disaster Act of 1975 to reduce the powers of local governments by excluding epidemics from the definition of "disaster" for the purposes of local emergency management, and
- Remove Criminal Penalties for violations of Local Pandemic Orders throughout the Communicable Disease & Prevention and Control Act, and replaces them with Civil Penalties.
"The Bipartisan vote in the Texas Senate on SB 1616 is the first step to make sure Texans are not faced with these type of penalties in the future."This is really a BIG BILL, because it matters to everyday Texans," Bettencourt concluded.
Senate Bill 1616 passed on a bipartisan vote of 19-11.
