New Mask Guidance From CDC Causes Further Confusion in Texas
The Legislature had the opportunity to end mask mandates, but they didn’t.

By Jeramy Kitchen | July 28, 2021

https://texasscorecard.com/state/new-mask-guidance-from-cdc-causes-further-confusion-in-texas/

On Tuesday, the Centers for Disease Control & Prevention issued new guidance in relation to COVID-19, reversing its previous policy from May, recommending fully vaccinated individuals and children wear masks indoors, including when they resume public school attendance in the fall.

The Texas Legislature Chose Not to Prevent Mask Mandates in 87th Legislative Session

Throughout 2020, several lawmakers expressed concerns with their lack of ability to stop lockdowns and mandates since the Legislature was not in session, effectively allowing Texas Gov. Greg Abbott the ability to create the effect of law via executive order in response to a pandemic.

When the Legislature finally did meet for 140 days this year, they left without addressing emergency powers much at all (including mask mandates), all but ensuring the continuation of controversy and confusion amongst Texans attempting to both comply and balance bureaucratic guidance, government mandates, and their everyday lives.

When the original version of the controversial Texas Pandemic Response Act or House Bill 3 was considered by the Texas House of Representatives during the 87th regular session, an amendment was offered by State Rep. Cody Vasut (R–Angleton) that would have prevented “the governor, the presiding officer of the governing body of a political subdivision, or any other state or local government official” from mandating the wearing of masks via an order during a declared state of pandemic disaster. Vasut went on to explain that if a mandate were to be made, it should be after its consideration by a deliberative body like the state Legislature.

When the amendment was first proposed, it passed without anyone taking issue with its consideration. A few moments later, the author of the overall bill, State Rep. Dustin Burrows (R–Lubbock), made a motion to reconsider the vote by which the amendment was considered, causing Vasut to again explain his amendment to the overall House.

Eventually, a vote was taken and announced as 71 in favor and 70 in opposition. As the vote was so close, a parliamentary process called a vote verification was requested and granted, whereby the House chief clerk and House sergeant-at-arms read through the names one by one to verify how each House lawmaker voted.

At the conclusion of that process, the final vote was 71-72, ultimately causing the amendment to fail and the House to reject a proposal to ban mask mandates aided by Republican lawmakers.



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