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When is an emergency no longer an emergency?

I don’t know, but not yet.

Harris County Judge Lina Hidalgo still has emergency powers to handle COVID, after a proposal to end her authority failed at commissioners’ court this week.

The proposal, by Precinct Four Commissioner Jack Cagle, failed on a 3-2 vote Tuesday, with the three Democratic members voting against.

Cagle sought to end the emergency powers granted to Hidalgo, citing the major improvement in pandemic realities and the court’s ability to frequently and quickly convene.

Precinct 1 Commissioner Rodney Ellis called the idea “ridiculous.”

“The mayor will still have emergency powers, the county judges around us would still have emergency powers,” Ellis said.

[…]

Since March 2020, Hidalgo and every county judge in Texas — along with mayors — have had extraordinary ability because of the public health risks of the pandemic to close and open public places, approve contracts and establish emergency shelters, testing sites and vaccine distribution locations. When a disaster is declared by the state — in this case across all 254 counties — county judges are considered the top health official and assume emergency powers similar to those of the governor.

The difference, Cagle argued, is the governor needs them because it would take weeks to reconvene the legislature. Commissioners court can call a meeting in 72 hours.

I don’t want to spend too much time on this, as it was basically a stunt by Commissioner Cagle. It’s not even clear that Commissioners Court could have rescinded the emergency powers, as the preview story notes.

Numerous elected officials continue to have authority under the disaster declaration, including Houston Mayor Sylvester Turner and all county judges across Texas. Under the state’s disaster declaration procedures, county judges in an affected area — in this case all of Texas — have emergency authority. Absent Abbott removing Harris County from the state’s disaster declaration, it is unclear whether Hidalgo would retain that authority with or without the support of local officials.

County judges typically need commissioners’ court approval, but their powers expand greatly as the head of county emergency management. Much of that comes from a 1975 state law that gave special responsibility to mayors, county judges and county health officials.

Exercising the powers, however, is different than having them, some officials said.

“We used common sense, but as the emergency has dragged on I think we have used that authority less and less because we didn’t need to,” said Jason Millsaps, chief of staff to Montgomery County Judge Mark Keough.

Still, Millsaps said Keough maintains the authority.

If literally every other county has retained emergency powers for their Judge, it makes no sense at all for Harris County to do otherwise. When the state and the country are no longer on emergency footing, which is to say no longer feels the need to act quickly in the event of another variant or other crisis, then we can talk.

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