In order to sit in the Senate Gallery or testify before a Senate committee the current policy requires a negative COVID test first. Just outside the State Capitol a test is provided for free. Those who test negative get a bracelet allowing entry to Senate proceedings.
Texas Agriculture Commissioner Sid Miller and conservative Houston Doctor Steven Hotse filed an 18-page suit against Lt. Governor Dan Patrick, the entire Senate and the Senate Sergeant-at-Arms challenging the constitutionality of the COVID test mandate under the State’s Open Meetings Act.
Miller’s Attorney Jared Woodfill called the current policy nonsensical. “While Governor Abbott is opening up Texas, Lt. Governor Patrick is shutting down people’s access to the State Senate,” said Woodfill. “His position seems to be either be tested or be quiet.”
Woodfill claims the COVID policy is in violation of Article 3, Section 16 of the Texas Constitution, which he says makes it clear that the Texas House and the Texas Senate have to remain open. “We’re asking for it to be declared unconstitutional and that they be restrained and enjoined from enforcing the rule,” Woodfill said.
Patrick responded to the suit commenting that the Lt. Governor doesn’t even vote on the Senate’s COVID policy, and according to a statement from his spokesman, “he (Patrick) agrees with the unanimous decision of the Texas Senate to test in order to protect the public, the Capitol staff who interact with hundreds of visitors every day, as well as members of the Legislature.”