By: Birdwell, et al. S.B. No. 1025

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the legislature and governor with respect to certain disaster or emergency declarations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 418, Government Code, is amended by adding Section 418.0125 to read as follows:

Sec. 418.0125. POWER RESERVED TO LEGISLATURE. (a) Notwithstanding any other law, during a declared state of disaster described by Section 8(c), Article IV, Texas Constitution, only the legislature has the authority to:

(1) suspend a provision in the Code of Criminal Procedure, Election Code, or Penal Code to appropriately respond to the disaster;

(2) restrict or impair the operation or occupancy of businesses or places of worship in this state by category or region to appropriately respond to the disaster; or

(3) renew or extend the governor's state of disaster declaration.

(b) The governor by proclamation shall convene the legislature in special session to respond to a declared state of disaster if the governor finds that the authority of the legislature under Subsection (a) should be exercised and the legislature is not convened in regular or special session.

SECTION 2. Section 418.014, Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (c-1) to read as follows:

(b) Except as provided by Subsection (c) or (c-1), the state of disaster continues until the governor:

(1) finds that:

(A) the threat or danger has passed; or

(B) the disaster has been dealt with to the extent that emergency conditions no longer exist; and

(2) terminates the state of disaster by executive order.

(c) A state of disaster may not continue for more than 30 days unless renewed by the governor, subject to Subsection (c-1). The legislature by law may terminate a state of disaster at any time. On termination by the legislature, the governor shall issue an executive order ending the state of disaster.

(c-1) If the governor finds that a state of disaster described by Section 8(c), Article IV, Texas Constitution, requires renewal and the legislature is not convened in regular or special session, the governor by proclamation shall convene the legislature in special session to renew, extend, or otherwise respond to the state of disaster. The governor may not declare a new state of disaster based on the same or a substantially similar finding as a prior state of disaster subject to this subsection that was terminated or not renewed by the legislature.

SECTION 3. Section 418.016(a), Government Code, is amended to read as follows:

(a) Subject to Section 418.0125, the [The] governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.

SECTION 4. Section 418.019, Government Code, is repealed.

SECTION 5. Section 433.002, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Subject to Section 433.0025, the [The] directive may provide for:

(1) control of public and private transportation in the affected area;

(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;

(3) control of the movement of persons;

(4) control of places of amusement or assembly; and

(5) establishment of curfews.[;]

(b-1) Notwithstanding Section 433.0025, the directive may also provide for:

(1) [(6)] control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and

(2) [(7)] control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.

SECTION 6. Chapter 433, Government Code, is amended by adding Section 433.0025 to read as follows:

Sec. 433.0025. POWER RESERVED TO LEGISLATURE. (a) Notwithstanding Section 433.002 or any other law, during a state of emergency described by Section 8(c), Article IV, Texas Constitution, only the legislature has the authority to:

(1) suspend a provision in the Code of Criminal Procedure, Election Code, or Penal Code to appropriately respond to the emergency; or

(2) restrict or impair the operation or occupancy of businesses or places of worship in this state by category or region to appropriately respond to the emergency except as expressly provided by Subsection (b-1) of Section 433.002.

(b) The governor by proclamation shall convene the legislature in special session to respond to a state of emergency described by Section 8(c), Article IV, Texas Constitution, if the governor finds that the authority of the legislature under Subsection (a) should be exercised and the legislature is not convened in regular or special session.

SECTION 7. Section 433.003, Government Code, is amended by amending Subsections (a) and (b) and by adding Subsection (c) to read as follows:

(a) Except as provided by Subsections [Subsection] (b) and (c), a directive expires 72 hours after the time of proclamation of the state of emergency for which it was issued.

(b) The governor by proclamation may terminate or set a shorter period for a directive issued under Subsection (b) of Section 433.002. The governor may proclaim successive states of emergency, each not exceeding 72 hours, as necessary to protect health, life, and property in the affected area, and may extend a directive issued under Subsection (b) of Section 433.002 from one state of emergency to the next.

(c) The governor by proclamation may terminate or set a shorter period for a directive issued under Subsection (b-1) of Section 433.002. In any case, a directive issued under Subsection (b-1) of Section 433.002 shall expire no later than 9 days after the time of proclamation of the state of emergency for which it was issued.

SECTION 8. The changes in law made by this Act apply only to an order, proclamation, or regulation issued on or after the effective date of this Act.

SECTION 9. This Act takes effect December 1, 2021, but only if the constitutional amendment proposed by the 87th Legislature, Regular Session, 2021, regarding the powers of the governor and the legislature following certain disaster or emergency declarations is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.