August 4, 2020
The Sunset Commission met this morning with the goal of approving rules for how it will review significant state agencies during a pandemic. But the meeting abruptly melted down and was eventually adjourned with no decision made on how to move forward. Most members seemed to expect it would be a short meeting including a quick vote on a plan that had basically been agreed to over the last week. But it turned into a two-hour discussion about whether meetings should be in-person or virtual. In that sense, it was not unlike the State Republican Executive Committee’s recent marathon emergency meetings over whether the Republican Party of Texas Convention could be held in person or online. The Sunset Commission members adjourned without voting, despite what was thought to be an initial test for setting procedures for the upcoming legislative session. The rules, seen here, were distributed to members last week. A last-minute suggestion by Sen. Bob Hall of Edgewood to propose either hybrid or in-person meetings divided the commission. Chairman John Cyrier of Bastrop, along with Transportation Chairman Terry Canales of Edinburg, Energy Resources Chairman Chris Paddie of Marshall and Reps. Stan Lambert of Abilene and Craig Goldman of Fort Worth, all pushed for a vote today. Along with Hall, Vice Chair Sen. Dawn Buckingham of Lakeway and Senators Pat Fallon of Prosper and Angela Paxton of McKinney questioned the move to virtual meetings. “I’ve advocated for opening schools and slowly and intelligently opening Texas. We’re having an in-person meeting to debate whether we’re having an in-person meeting [and we have] hand sanitizer, social distancing and masks,” Sen. Fallon said. “Let’s get to work in person and get ‘er done.” Rep. Paddie said the heart of the matter is not how they meet, but the timeline. He noted that at this point in the last review cycle the commission had already reviewed many of the agencies on their agenda. “We are already behind,” Paddie said. Among the 21 agencies up for review this time around are the Texas Department of Licensing and Regulation, the Texas Department of Agriculture, Animal Health Commission, Economic Development and Tourism Office, Jail Standards, Law Enforcement, Parks and Wildlife and the Teachers Retirement System. The full list is here. Sunset Executive Director Jennifer Jones said they’ve spent months preparing for virtual hearings but added the staff is ready and willing to adapt if needed. “If our plan is to not go virtual, then we need to regroup,” Jones said. A visibly irritated Chairman Cyrier pushed for a vote on the plan, even if it is imperfect. Sen. Buckingham suggested voting on the rules without the language about meetings. Texas House members opposed that idea. Sen. Hall went further, objecting to a vote at all, suggesting instead they propose a hybrid plan. “We don’t have to do this as a hard either-or. We’ve already done both,” Hall said. “If we consider a hybrid, we respect the liberty of individuals. We give them a choice,” Hall suggested. A schedule could be released in advance and witnesses could sign up for allotted slots at the Capitol or online, Hall argued. “We’re setting a bad precedent,” Hall insisted. “School leaders could say, ‘if the Legislature can’t meet in person, then why should we?’” Rep. Canales said that could be a logistical nightmare, and potentially unfair to the public. “Once that schedule is filled, do we have to say it’s first come, first serve?” Canales asked, noting other issues such as safety protocols with large crowds needed to be addressed. “We need to keep moving,” Canales said. Rep. Goldman questioned Sen. Hall’s timing. “What changed? We got this (proposal) a week ago. What changed?” Goldman asked Hall. “I’m a slow learner,” Hall said. “Why throw this out today? The staff could be ready. You said you were a slow learner but I don’t believe it,” Goldman said. Creating the rules is part of the work they do, Hall said. And they are setting a precedent for the body and the state. After a recess, Sen. Buckingham pulled down her motion and Chairman Cyrier adjourned the meeting. “This is not the outcome we had intended,” Cyrier said. After the meeting it appeared the commission nixed their next meeting, which had been slated for later this month. By James Russell Copyright August 04, 2020, Harvey Kronberg, www.quorumreport.com, All rights are reserved. Printed with permission.