Saturday, December 14, 2024
The Hood County Commissioners Court voted 3:2 to pass a resolution that will limit government power to both the U.S. and Texas Constitutions during a regularly scheduled meeting Nov. 12.
Precinct 4 Commissioner Dave Eagle — who placed the item on the agenda — explained that as of Nov. 11, proposed legislation may be submitted for the upcoming 89th Legislature, which is set to begin session Jan. 1.
He explained that during the Texas State Republican Convention in May, a super majority of Republican delegates voted that the number four core principle of the Republican Party is a call to limit government power to the U.S. and the Texas Constitutions.
“This basically harkens back to COVID,” Eagle said. “This resolution has to do with executive orders, overreach of the state government and local governments — when COVID shutdowns were mandated and mask-wearing was mandated and business shutdowns were mandated by government — from the feds all the way down to the local level. In my opinion, at that time, our constitutional rights were trampled on and many people agree with that today. This resolution is simply asking the state legislature to revisit Texas Government Code 418, and rethink that statute.”
The resolution states that the “un-Constitutional overreach” of both state and local government officials was never more egregious than during the COVID-19 lockdowns and mask mandates from 2020 and 2021.
It also states that the “trampling of constitutional rights should never be allowed to ever happen again amongst a free society in the state of Texas.”
Through the resolution, the Hood County Commissioners Court expresses its support for legislation that would repeal and replace Texas Government Code §418.001.
The resolution also states that no form of government shall ever again implement mass lockdowns; that no form of contact tracing will ever be funded; and that the Texas governor shall never again have the power to close businesses or declare some as “essential” or “nonessential.”
During the public comment portion of the meeting, resident David Farris said he was unsure what the agenda item related to at first, but that he is “totally, wholeheartedly in favor of it” now.
Resident James Wall also stated he was in agreement, as the resolution seeks to restore constitutional rights to the people.
"What we saw in COVID was massive overreaches across the board, whether it was shutting down businesses, whether it was closing the doors to churches, or just going ahead and affecting individual lives with all the lockdowns; it was nationwide,” Wall said. “And what did it lead to? It led to businesses being in financial ruin, it led to churches being forced to lock their doors in a time when people needed a moment to be able to find that connection in their faith, and it led to a point where we saw depression and suicide rates soar nationwide. This didn't have to happen, and it shouldn't have happened as we have checks and balances throughout our constitution to make sure overreaches like this don't occur.”
He expressed hope that the resolution would be passed unanimously, as it will send a strong statement that Hood County will protect the rights and the liberties of the people of Texas.
“This is an opportunity for us to go ahead and to show Hood County is going to lead the way ... in protecting life, liberty and the pursuit of happiness in this state,” Wall said. “This is also a moment for us to go ahead and show the bastion of freedom that Hood County represents with its people and not tyranny. Once again, I ask you to go ahead and pass this resolution.”
“I don't think I could've said it better than Mr. Walls,” Precinct 2 Commissioner Nannette Samuelson said. “What we saw in 2020 was something that none of us would have anticipated and while we have a strong Republican leadership in our state, that doesn't mean it will always be that way. For us to ask the legislature to put these guard rails up against any future governor or legislature that may decide to do something similar to what happened in 2020, I think — as Commissioner Eagle said — this is part of our Republican platform, and I'm strongly in support of it.”
Hood County Judge Ron Massingill, however, disagreed with the resolution, stating that he believed it was written as a personal affront to both President Donald Trump and Gov. Greg Abbott. He argued that Trump and Abbott were both the executives in power and were forced to make a decision before the COVID-19 vaccine was ever created.
"To think that Gov. Abbott or President Trump would want to shut down businesses and close churches,” he said. “That is something that was a desperation, because people were dying all over the place.”
Massingill shared how the situation also hit home for him when two of his close friends — Pastor Larry Dixon and Pastor Bill Miller — passed away from COVID.
"This was an insidious time where these people made the best decisions that they possibly could and to have a resolution that says, ‘Whereas the trampling of constitutional rights should never be allowed to ever happen again amongst a free society,’ — that's what the Constitution already says,” he said. “But the Constitution does have other powers, like the right to protect the safety and liberty of its citizens.”
Massingill also described how he was probably the “biggest Republican,” in the room, but that he didn’t want to send a message to Trump and Abbott telling them that they “trampled on our constitutional rights.”
"This was a time when nobody knew what was going on and people were dying, and we didn't know when it would stop,” he said. “I told everybody at that time, ‘Listen, if you feel so strongly about that, do what the Constitution says, file a lawsuit in the appropriate court and get a decision.’ Then if you don't like that decision, pick it up to the appellate courts ... But to sign something like this after the overwhelming vote that the people in Texas and the people of the United States have given to both Gov. Abbott and to President Trump, this is totally unnecessary and an insult, in my opinion, to those two gentlemen that have represented. They've lost sleep agonizing over this ... I'm against this resolution.”
Following discussion, Eagle made a motion that the Hood County Commissioners Court resolution to limit government power to the U.S. and Texas Constitution be passed as written. With a second from Samuelson, the motion passed 3:2, with Massingill and Precinct 3 Commissioner Jack Wilson voting in opposition.
Copies of the resolution will be transmitted to Sens. Brian Birdwell, Mayes Middleton, Paul Bettencourt and Bob Hall, as well as to Reps. Shelby Slawson, Ellen Troxclair and the Texas Legislature in general.
According to the resolution, the court’s efforts in taking a stand will “highlight the importance of this matter to the Hood County community,” and will also “seek support ... to ensure there is no more unconstitutional government overreach in Texas.”
