The Problem: There’s way too much misinformation being passed around about the authority state and local officials have (or do not have) to deal with the Chinese virus. Some reputations will be blown to bits if this continues and the conservative grassroots movement will be harmed.
We are inundated with questions regarding local government authority to combat the virus. This is an effort to help you discover the answers for yourself – a great exercise in personal responsibility and civic duty. I respectfully urge you to be calm and use this as an opportunity to educate yourself and others on facts.
In this blog, I have laid out a process to arrive at factual information and provided links to the controlling legal authority in these matters. Hear me – I am not saying that you don’t have a right to object. You absolutely do, but for Heaven’s sake, please do so from an educated position!
This is a longer piece, but a matter like this cannot fit on a bumper sticker. If you care about facts, take a little time to step through this with me.
The federal trigger – Once President Trump made declarations and issued executive orders to deal with the virus, those federal actions set off a series of “trickle downs” to the state and local levels. What each state and local authority did in response varies from state to state and from locale to locale. Keep in mind that once the President made his declaration and passed his executive orders, state and local government were in many ways compelled to act – both in the interest of public safety and to reduce risk of litigation. However, we must examine certain sections of statutes (laws) to determine whether state and local officials are overstepping their bounds.Look for the “shalls” versus the “mays.”
After you have equipped yourself with these jurisdictional and statutory facts, you will be better prepared to engage your local elected officials about the actions they are taking.
The rule of law matters. You need to know the laws on the books first and work from there to evaluate the methods used by your local officials. Maybe they are following the law but are using horrific, bungling, heavy handed and unnecessary methods. Know the difference.
From the facts, develop a reform strategy instead ofunknowingly spreading misinformation through social media and emails. That does not help the Great Cause of Liberty!
This can be a highly instructive moment in time, or it can be utterly destructive. Your reputation and credibility can be blown to bits.
I certainly don’t want that to happen to any of you; therefore, I strongly advise against jumping to conclusions and using 24/7 news cycle policy pundits and “legal scholar” contributors as your sole source of information.
First, the baseline – conservatives say they value facts and the rule of law, right? Then, we need to arm ourselves with facts by 1) determining the controlling legal authority (jurisdiction) in a specific situation and then 2) review the statutes – laws on the books – that the jurisdictional authority must rely upon to deal with a given situation.
In other words, don’t go telling God and everybody that your county judge and mayor don’t have the authority to do XYZ unless you are sure there is not a state statute that gives them that authority!
Second, if the State of Texas does not give local government a power, local government officials CANNOT make that power up for themselves! You need to know the difference so that you can hold your elected officials accountable to the rule of law as well as the manner in which they carry out their duties!
After you read through the following statutes that empower cities and counties during public health and safety “emergencies,” many of you will be shocked as you learn some surprising things.
You may discover laws that you believe need repealing or changing. If so, there is a lawful process – the legislative process – to make changes in the law. Start making a list that you and/or your organization can use to start talking to your state representatives and state senators.
If you believe a current law on the books is unconstitutional, you can absolutely seek legal representation if you believe your constitutional rights have been violated. We have no doubt that there are some elected officials in both parties and certainly in “non-partisan” city government who will try to take advantage of any crisis. That’s what the power-hungry do.
Just please, please, please do not act like Leftists who think the rule of law only applies to laws they like!
And to elected officials – the way you communicate through the spoken and written word makes all the difference in the world. You can save yourselves and your constituents heartburn by 1) citing statutes that you believe give you the authority to take any given action listed in an order; and 2) tell the community that you do not intend to just take or commandeer private property under the law without compensation. Nobody likes a tyrant – so don’t act like one.
Instead, let the public know the needs of the community. If you need property for a temporary health care facility or testing station, communicate the need first. Explain it. If you need help from the private sector, ask.
The Golden Rule really works when it’s tried. Here in Smith County (population 230,000) our local officials are doing a great job of holding televised news conferences stressing personal responsibility and neighbor helping neighbor. Around here, the officials ask for help and they get it. Nobody threatens to commandeer anything.
As a self-term-limited former county official, I always respected citizens who had done their homework before they addressed the Court. Those who were prepared got my attention much faster than the folks just shooting from the hip!
To help you with your “homework,” I’ve assembled relevant sources where you can learn much about Emergency Declarations for Public Health and Safety and the statutory authority given to local government by the state legislature. Don’t rely on hearsay or what a commentator says on television. Read it for yourself. Then educate and empower others to work for any needed reforms.
There are many statutes, rules, and regulations related to emergency management by different governmental entities. The following are the Texas State Statutes, which include relevant language for local governments dealing with the spread of communicable diseases. (Click on the colored links to open the documents.)
A city can take any action necessary to promote health and suppress disease under Texas Health & Safety Code Sections 122.005 (general law) and 122.006 (home rule). These actions could include quarantine, examining and regulating hospitals, regulating ingress and egress from the city, and fining those who do not comply with the city’s rules.
The Texas Disaster Act of 1975 is found in Chapter 418 of the State Government Code. It includes language concerning the powers of the Governor when managing a state of emergency. This chapter includes language about declaring a state of disaster and the Governor’s power to commandeer private property (418.017). In Sec. 418.108. DECLARATION OF LOCAL DISASTER, you will find language regarding restriction of travel and under what conditions the powers of a county judge supersede those of a mayor!
PS If you will discipline yourself to speak from a position of authority – from facts – and not raw emotion, you will earn credibility with those you are trying to influence.
A dear, departed, wise mentor quoted this Louis Pasteur-ism to me often, “Chance favors the prepared mind.”
“So, prepare your minds for action, be completely sober [in spirit—steadfast, self-disciplined, spiritually and morally alert], fix your hope completely on the grace [of God] that is coming to you when Jesus Christ is revealed.” 1 Peter 1:13
Grassroots America’s 2020 Republican Primary Election Voter Guides and How to Participate in the TX Republican Convention Process – Precinct, County, State
Click here for more election information on our “under construction” web site. If you scroll to the bottom of the web page, you can click on our Facebook posts to read candidate endorsement statements.
About Our Endorsements
If an endorsement is missing in a particular race, either we are “parked” until the runoff (standing back to allow our Coalition partners to make their choices), or none of the candidates fit our criteria, or the candidates did not complete our process. We do not chase candidates down for interviews. We make the process public before and when we commence interviews. It is the personal responsibility of the candidates and the campaign team to reach out. We reserve the right to not endorse in certain races. [Hint: see Fleming Successful Leadership Rule #3.]
For those of you concerned because you do not see Congressman Chip Roy endorsed (CD 21), we already endorsed him for re-election.Chip is not on this guide because he has NO Primary election opponent. He will be on our General Election list – as will Samuel Smith for Texas House District 107.
We will commence runoff election interviews – where needed – and those for the November General Election AFTER the March 3 Primary concludes.
About SREC Races
Grassroots America will make endorsements in SREC races, but we will do so at the right time!
Unlike Republican Precinct Chairs and County Party Chairs, State Republican Executive Committee members ARE NOT on the Primary ballot!
We have plenty of investigating to do in these Senate Districts. It takes time. We take things in order around here.
If someone is running for the SREC and they want to be considered for our endorsement OR if a Coalition partner has a candidate they want to recommend for an interview, please email maryanneaiken@gmail.com . She will start scheduling those when JoAnn gives her the green light.
So, why did we already endorse in the Republican Party State Chairman’s race when that is not on the Primary ballot? Based on our Board’s deliberations about some very bad decisions being made in the Party – during the legislative session and ever since the legislature adjourned in May 2019 – it was time. I will let it go at that. Also, Fleming Rule #3.
How you can be a delegate to your precinct, county and state Republican Conventions:
Why TX Grassroots Conservatives Are Rebelling #SaveTexas2020
Editorial, JoAnn Fleming, Executive Director, Grassroots America – We the People
Commentary published in Texas Scorecard
In a Sunday, June 16 interview with Jason Whitely of WFAA-Dallas, Lt. Gov. Dan Patrick said he does not know why there’s criticism coming from some conservative groups in Texas over the results of the 86th regular legislative session.
“I don’t know why they’re disappointed,” Patrick said on WFAA’s Inside Texas Politics. “That’s for them to answer.We consider it a very successful session.”
Well, this is tiresome. From the Governor, Lt. Governor and most Republican legislators, it’s as if a collective amnesia has set in or a case of Invasion of the Body Snatchers.
Speaker Bonnen is the exception. He doesn’t even pretend not to understand. Bonnen declared he doesn’t give a tinker’s about conservatives, warned Republicans not to challenge each other or Democrats for House seats, and openly supports Democrat Joe Moody for Speaker next session should Democrats take the nine seats they need to take control. Meanwhile, Republican Party of Texas Chairman James Dickey has nothing to say about the Republican Speaker’s open support of Democrats.
Governor Abbott and Lt. Dan know exactly why conservative leaders and activists are not happy with the results of the session. They simply do not care. They worked very hard with Speaker Bonnen to make sure Republican legislators stopped caring about the conservatives back home. Getting along with Democrats and divesting themselves of conservative principles were far more important.
There is no Republican Plan for Legislative Success or for Fiscal Sanity. None. As a result, Texas Republicans are following the path of their counterparts in Washington, DC. The only difference is geography. Just like DC Republicans, Texas Republican legislators repeatedly squander legislative sessions, not using their majority to get long-promised reforms passed. Many of these issues have been talked about for at least the last FIVE legislative sessions (and have appeared longer than that as TX GOP Platform planks), which leads us to conclude that Republican leadership no longer values the grassroots or the values they claimed when running for office. They will continue to lose seats because they fail to do what they promise.
We had a purple legislative session because too many Republican elected officials have turned purple. Now, they are putting Texas at risk in 2020.
For those who cannot seem to grasp the reason behind our discontent, conservative grassroots leaders and activists across Texas are not happy because…
State Government – run by Republicans – is on an unsustainable spending spree. AGAIN – failed to pass spending limits on state government. Republicans grew state spending 12%, spending a $10 billion surplus above and beyond Hurricane Harvey disaster funds. Democrats cheered.
State Government – run by Republicans – supports election fraud. AGAIN – failed to pass paper ballot backup audit trails so that electronic voting can be verified in an election contest. Republicans have controlled all branches of state government since 2003; yet, voter rolls have NEVER been verified! According to numerous news reports and AG cases, illegal aliens, felons and dead people can and do vote. 2020 is around the corner. Republican leaders are doing nothing to protect legal voters.
State Government – run by Republicans – supports public labor unions. AGAIN – failed to stop state assistance in the collection of union dues by automatically deducting them from government employee paychecks. This colossally stupid failure means union dues will once again show up in 2020 campaigns against Republicans.
State Government – run by Republicans – supports taxpayer-funded lobbying. AGAIN – failed to stop the use of tax dollars to fund lobbyists hired by local governments to fight pro-taxpayer reforms. This failure helps drown out the voice of the people – the unheard little guys.
State Government – run by Republicans – refuses to recognize the right of law-abiding citizens to carry handguns without a government permission slip. AGAIN – failed to return gun rights that are recognized in 16 other states (Alaska, Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Oklahoma, South Dakota, Vermont, West Virginia, Wyoming). This once again proves Texas does not lead on liberty.
State Government – run by Republicans – failed to advance legislation to save the life of preborn babies. Meanwhile, Alabama, Georgia, Louisiana, Missouri, and Ohio passed heartbeat bills. Kentucky and Mississippi heartbeat laws, temporarily blocked by a federal court injunction, are headed to a US Appeals Court. Protecting lemonade stands is a noble gesture, but how about fighting for human life? It is shameful that Texas does not lead on life.
State Government – run by Republicans – supports the Left’s attacks on historic monuments. They failed to do anything to protect the Alamo, the Alamo Cenotaph, and other historical monuments from being “reimagined” or removed. We now understand that Gov. Abbott, Lt. Gov. Patrick and Speaker Bonnen – along with 95% of the GOP legislators – do not care one thing about these monuments. They like to invoke the names of our Heroes for Texas Independence as they draw rhetorical lines in the sand, but when it came down to honoring the bravery and sacrifice of our heroes, Republican leaders wouldn’t lift a finger to protect monuments from the rabid Left.
State Government – run by Republicans – passed a Democratic Party Platform initiative – taxpayer funded, all-day pre-K (daycare) for low-income children, including those here illegally. Never mind that multiple studies show no lasting academic results for such programs. Texas Republicans were always opposed to growing government at the expense of parental responsibility – until they weren’t. Democrats cheered.
State Government – run by Republicans – passed another Democratic Party Platform item – Big Nanny State Mental Health legislation. A $100 million psychiatric consortium with connections to the pharmaceutical industry deployed to our community schools puts Texas children at risk of dangerous psychotropic drugging, data mining, and profiling based on family values, religious beliefs, and economic circumstances. Perfectly normal children will be at risk for subjective mental health labels or viewed as potential threats, which can destroy their rights and the rights of their parents. Too much liberty is being risked in the name of preventing school shootings. In the hands of Democrats who hate gun rights, we fear this is the camel’s nose under the tent.
While we wish these legislative results were not true, ignoring the failures changes nothing and endangers Texas. Republicans have energized the Democrats and given them wins to run on!
While Republicans passed some “good intention” bills, far too many bills important to preserving and advancing Texas-style liberty were either killed by Republicans or not filed at all this session. That is how we ended up with a purple session. That is why conservatives are not happy, Lt. Dan and Company.
“What you permit, you promote. What you allow, you encourage. What you condone, you own. What you tolerate, you deserve.” Michelle Malkin
Grassroots America has never supported purple, progressive Republicans who love Big Government if they can be in charge of it. We don’t intend to start now. Texas is at stake.
JoAnn Fleming Executive Director Grassroots America – We the People PAC
A very bad bill will be on the Texas Senate floor later today!
You MUST ACT. NOW!
Downward pressure on your State Senators from statewide Republican officials has them signing on to bills that are big Nanny State expansions that will cost all of us plenty.
SB 10 is one of those bills. It is titled, “Relating to the creation of the Texas Mental Health Care Consortium.”
When EVERY Democrat and EVERY Republican Senator signs on to a low number bill like this, you should understand that means a whole lot of “inside ball” horse-trading has happened.You can bet that it has NOTHING to do with your liberty or saving you money!
“The Road to Hell is paved with Good Intentions.” A Hand-book of Proverbs, Henry G. Bohn, 1855
Seven reasons we strongly oppose SB 10:
SB 10 infringes on the principle of limited government by creating an expensive new $100 million program that is outside the core functions of state government.
SB 10 will jumpstart exponential growth of unelected bureaucracies. Taxpayer-funded universities and the dysfunctional Health & Human Services Commission will have direct authority over millions more of our tax dollars. We all know that once they are funded to start looking for a problem, they are going to find one. Conflicts of interest from pharmaceutical companies, special interests, and the universities themselves will be unavoidable under this structure.
SB 10 duplicates what is already being done under existing authority. Several Texas medical schools already participate in a mental health consortium that meets quarterly. A new bureaucracy is not necessary to enable further collaboration and coordination of higher education institutions to improve access to mental health care.
SB 10 has a high risk of evolving into a “Red Flag” monitoring program with respect to gun ownership. The 2018 Republican Party of Texas (RPT) Platform Plank #73 opposes red flag monitoring programs that seek to deprive someone of their right to keep and bear arms if their child is identified under mental health programs.
SB 10 has the potential to make mental illness a cottage industry within our schools. The sale or sharing of any information collected in research or counseling for any commercial purpose is an affront to the constitutional liberties of Texas children and families. SB 10 clearly opens Pandora’s Box of unintended consequences.
SB 10 further endangers privacy of parents and their children. It will erode parental authority. Stigma attached to any child misdiagnosed or even inadvertently revealed can severely damage children and their families. Information gathered through research or treatment should not be included in a student’s permanent file, should not be shared in a database, or released without express informed consent of the patient or guardian of the patient. Such sensitive information should be delivered to the parent(s) or legal guardians only and destroyed after the student leaves the school or graduates.
SB 10 is ripe for political agendas and abuse. Indeed, political abuse of psychiatric diagnosis is an important tool in stifling political dissent within socialist countries. Is there any doubt – given today’s headlines – that the Democratic Left intends to push the United States into socialism? Mental health issues are becoming the “go to” tool of choice in today’s political circles and are being used to attack gun ownership and threaten the ability of veterans with a PTSD diagnosis to retain their Second Amendment rights.
We believe that using existing laws and programs to support children with special education conditions, including mental health conditions, can enhance childhood mental health care without creating an expensive new liberty-stealing government bureaucracy.
SB 10 is NOT right for Texas! Texans DO NOT WANT big Nanny-state government.
Nanny State Central Planning mental health care bills are sweeping the nation. If you don’t believe this is a threat, click hereto watch this 7.5 minute video.It will make your blood boil.
His FAKE “Toll Payer Protection Act” is Anti-Taxpayer!
State Rep. Matt Krause, a member of the House Freedom Caucus, just filed a bill that seriously undermines Gov. Greg Abbott’s ‘No toll’ pledge by re-authorizing public private partnership toll roads. These types of toll roads are opposed by both the Texas Republican and Texas Democratic Party platforms. In a very bizarre flip-flop, Matt Krause is now supporting the very toll road schemes he helped us kill last session. What happened?
Texans for Traffic Relief – an Austin lobbying group front – is headed up by a guy who was once a leader in the Young Conservatives of Texas. So what? He now shills for contracting and engineering special interests and has declared war on conservative grassroots activists:
The Big Road Lobby doesn’t like the promises made by Gov. Abbott and Lt. Gov. Patrick, nor the tremendous grassroots support these statewide officials have earned because they’ve stood firm on their campaign pledges for “no more toll roads.”
This FAKE “Toll Payer Protection Act” claims to take the tolls off a road once it’s paid for, but then allows the Transportation Commission to extend the toll every 10 years into perpetuity (forever in gov’t terms)! That’s not toll cessation – it’s toll extension!
This is what our Executive Director has to say about HB 1951. She gets to the heart of the matter by pointing out The Problem our Republican legislators are ignoring as they get all cuddly with the Big Road Lobby:
“We are stunned that Rep. Krause would be convinced by the Big Road Lobby to file a bill that undermines the promises made by Governor Abbott and Lt. Governor Patrick to end toll roads. Rather than supporting a fix to TxDOT’s underlying structural management problems as cited in the 2017 Sunset Advisory Commission’s Report to the 85th Legislature (page 2), the Big Road Lobby continues to wail that there’s just not enough money. As long as TxDOT is ‘not meeting expectations andis not prepared to effectively handle the influx of new transportation funding projected to double over the next decade,” nor has it “met key on-time or on-budget measures for several years,’ there can NEVER be enough money poured into the transportation bureaucracy! We are deeply disappointed in Rep. Krause for filing a fake “toll payer protection” bill that undercuts taxpayers, our Governor, and Lt. Governor in order to appease the road lobby. We call on him to reverse course, and we call on current House authors and co-authors to remove their support immediately.” JoAnn Fleming, Executive Director, Grassroots America – We the People PAC and its premier project – the Texas Conservative Grassroots Coalition
