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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the legislature, governor, and certain |
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political subdivisions with respect to disasters and emergencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.002, Government Code, is amended to |
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read as follows: |
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Sec. 418.002. PURPOSES. The purposes of this chapter are |
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to: |
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(1) reduce vulnerability of people and communities of |
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this state to damage, injury, and loss of life and property |
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resulting from natural or man-made disasters [catastrophes, riots, |
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or hostile military or paramilitary action]; |
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(2) prepare for prompt and efficient rescue, care, and |
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treatment of persons victimized or threatened by disaster; |
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(3) provide a setting conducive to the rapid and |
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orderly restoration and rehabilitation of persons and property |
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affected by disasters; |
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(4) clarify and strengthen the roles of the governor, |
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state agencies, the judicial branch of state government, and local |
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governments in prevention of, preparation for, response to, and |
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recovery from disasters; |
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(5) authorize and provide for cooperation in disaster |
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mitigation, preparedness, response, and recovery; |
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(6) authorize and provide for coordination of |
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activities relating to disaster mitigation, preparedness, |
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response, and recovery by agencies and officers of this state, and |
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similar state-local, interstate, federal-state, and foreign |
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activities in which the state and its political subdivisions may |
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participate; |
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(7) provide an emergency management system embodying |
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all aspects of predisaster preparedness and postdisaster response; |
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(8) assist in mitigation of disasters caused or |
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aggravated by inadequate planning for and regulation of public and |
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private facilities and land use; |
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(9) encourage state agencies, local governments, |
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nongovernmental organizations, private entities, and individuals |
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to adopt the goals of the strategic plan of the Federal Emergency |
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Management Agency for preparing for, responding to, and recovering |
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from a disaster that emphasize cooperation among federal agencies, |
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state agencies, local governments, nongovernmental organizations, |
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private entities, and individuals in each activity or project |
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undertaken to ensure that this state is prepared to effectively |
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respond to and recover from a disaster; and |
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(10) provide the authority and mechanism to respond to |
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an energy emergency. |
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SECTION 2. Section 418.004(1), Government Code, is amended |
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to read as follows: |
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(1) "Disaster" means the occurrence or imminent threat |
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of widespread or severe damage, injury, or loss of life or property |
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resulting from any natural or man-made cause not related to the use |
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of force or violence such as civil unrest, riots, or insurrection. |
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The term includes[, including] fire, flood, earthquake, wind, |
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storm, wave action, oil spill or other water contamination, |
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volcanic activity, epidemic, air contamination, blight, drought, |
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infestation, explosion, [riot, hostile military or paramilitary |
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action,] extreme heat, cybersecurity event, other public calamity |
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requiring emergency action, or energy emergency. |
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SECTION 3. Subchapter B, Chapter 418, Government Code, is |
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amended by adding Section 418.0125 to read as follows: |
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Sec. 418.0125. CERTAIN POWER RELATED TO BUSINESSES RESERVED |
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TO LEGISLATURE. (a) Notwithstanding any other law, during a |
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declared state of disaster, only the legislature has the authority |
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to restrict or impair the operation or occupancy of businesses in |
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this state by category or region to appropriately respond to the |
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disaster. |
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(b) The governor by proclamation shall convene the |
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legislature in special session to respond to a declared state of |
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disaster if the governor finds that the authority of the |
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legislature under Subsection (a) should be exercised and the |
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legislature is not convened in regular or special session. |
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SECTION 4. Section 418.014, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(b) Except as provided by Subsection (c) or (c-1), the state |
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of disaster continues until the governor: |
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(1) finds that: |
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(A) the threat or danger has passed; or |
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(B) the disaster has been dealt with to the |
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extent that emergency conditions no longer exist; and |
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(2) terminates the state of disaster by executive |
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order. |
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(c) A state of disaster may not continue for more than 30 |
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days unless renewed by the governor, subject to Subsection (c-1). |
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The legislature by law may terminate a state of disaster at any |
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time. On termination by the legislature, the governor shall issue |
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an executive order ending the state of disaster. |
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(c-1) If the governor finds that a state of disaster |
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described by Section 8(c), Article IV, Texas Constitution, requires |
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renewal and the legislature is not convened in regular or special |
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session, the governor by proclamation shall convene the legislature |
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in special session to renew, extend, or otherwise respond to the |
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state of disaster. The governor may not declare a new state of |
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disaster based on the same or a substantially similar finding as a |
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prior state of disaster subject to this subsection that was |
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terminated or not renewed by the legislature. |
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SECTION 5. Section 418.0155, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The governor's office shall publish the list compiled |
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under Subsection (a) on the office's Internet website. |
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(d) Each state agency impacted by the suspension of a |
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statute or rule on the list compiled under Subsection (a) shall |
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publish on the agency's Internet website a list of those statutes |
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and rules. The agency's list must be: |
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(1) posted or updated within 24 hours of any |
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suspension; and |
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(2) accessible by selecting or viewing not more than |
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two Internet web pages after accessing the agency's Internet home |
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page. |
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SECTION 6. Section 418.016(a), Government Code, is amended |
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to read as follows: |
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(a) Subject to Sections 418.0125 and 418.0165, the [The] |
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governor may suspend the provisions of any regulatory statute |
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prescribing the procedures for conduct of state business or the |
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orders or rules of a state agency if strict compliance with the |
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provisions, orders, or rules would in any way prevent, hinder, or |
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delay necessary action in coping with a disaster. |
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SECTION 7. Subchapter B, Chapter 418, Government Code, is |
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amended by adding Section 418.0165 to read as follows: |
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Sec. 418.0165. LIMITATION ON POWER TO SUSPEND LAWS OR |
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RULES. (a) Notwithstanding any provision of this chapter, the |
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governor may not suspend: |
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(1) a provision of this chapter or Chapter 433; or |
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(2) a law or rule related to the application of Chapter |
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325 (Texas Sunset Act), the suspension of which results in the |
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continuation of a state agency beyond the date prescribed in |
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statute for the abolishment of the agency. |
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(b) The governor may suspend a provision of the Code of |
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Criminal Procedure, Election Code, or Penal Code only during the |
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first 30 days of a declared state of disaster. |
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(c) If the governor finds that a suspension authorized by |
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Subsection (b) should be continued for more than 30 days and the |
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legislature is not convened in regular or special session, the |
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governor by proclamation shall convene the legislature in special |
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session to respond to a state of disaster. |
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SECTION 8. Subchapter B, Chapter 418, Government Code, is |
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amended by adding Section 418.027 to read as follows: |
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Sec. 418.027. PREEMPTION OF DECLARATION OF LOCAL DISASTER. |
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A declaration of local disaster issued under Subchapter E may not |
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conflict with, or expand or limit the scope of, a declaration of |
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disaster issued under this subchapter unless expressly authorized |
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by a proclamation or executive order issued by the governor under |
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this chapter. |
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SECTION 9. Section 433.001, Government Code, is amended to |
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read as follows: |
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Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On |
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application of the chief executive officer or governing body of a |
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county or municipality during an emergency, the governor may |
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proclaim a state of emergency and designate the area involved. For |
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the purposes of this section an emergency exists in the following |
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situations: |
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(1) a riot or unlawful assembly by three or more |
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persons acting together by use of force or violence; |
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(2) if a clear and present danger of the use of force |
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or violence exists; or |
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(3) a natural or man-made disaster related to the use |
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of force or violence such as civil unrest or insurrection. |
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SECTION 10. Section 433.002, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Subject to Section 433.0025, the [The] directive may |
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provide for: |
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(1) control of public and private transportation in |
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the affected area; |
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(2) designation of specific zones in the affected area |
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in which, if necessary, the use and occupancy of buildings and |
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vehicles may be controlled; |
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(3) control of the movement of persons; |
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(4) control of places of amusement or assembly; |
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(5) establishment of curfews; |
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(6) control of the sale, transportation, and use of |
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alcoholic beverages, weapons, and ammunition, except as provided by |
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Section 433.0045; and |
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(7) control of the storage, use, and transportation of |
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explosives or flammable materials considered dangerous to public |
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safety. |
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(d) A directive issued under this section applies only |
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within the jurisdictional boundaries of the county or municipality |
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for which an application was made under Section 433.001. |
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SECTION 11. Chapter 433, Government Code, is amended by |
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adding Section 433.0025 to read as follows: |
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Sec. 433.0025. CERTAIN POWER RELATED TO BUSINESSES RESERVED |
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TO LEGISLATURE. (a) During a state of emergency, only the |
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legislature has the authority to restrict or impair the operation |
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or occupancy of businesses in this state by category or region to |
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appropriately respond to the emergency. |
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(b) The governor by proclamation shall convene the |
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legislature in special session to respond to a state of emergency if |
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the governor finds that the authority of the legislature under |
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Subsection (a) should be exercised and the legislature is not |
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convened in regular or special session. |
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SECTION 12. Section 418.019, Government Code, is repealed. |
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SECTION 13. The changes in law made by this Act apply only |
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to an order, proclamation, regulation, or directive issued on or |
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after the effective date of this Act. |
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SECTION 14. This Act takes effect December 1, 2021, but only |
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if the constitutional amendment proposed by S.J.R. No. 45, 87th |
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Legislature, Regular Session, 2021, or a similar constitutional |
|
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amendment proposed at that session regarding the powers of the |
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governor and the legislature following certain disaster or |
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emergency declarations is approved by the voters. If such an |
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amendment is not approved by the voters, this Act has no effect. |
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* * * * * |