| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to judicial review of certain orders issued to address a |
|
|
declared state of disaster, declared public health disaster, or |
|
|
ordered public health emergency or to prevent the spread of a |
|
|
communicable disease. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 418, Government Code, is |
|
|
amended by adding Section 418.007 to read as follows: |
|
|
Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A |
|
|
person has standing to file suit in a court of this state to |
|
|
challenge a provision of an order issued by the governor or the |
|
|
presiding officer of the governing body of a political subdivision |
|
|
that relates to a declared state of disaster if the provision is |
|
|
alleged to cause injury to the person or burden a right of the |
|
|
person that is protected by the state or federal constitution or by |
|
|
a state or federal law. |
|
|
(b) The person who issues the order has the burden of |
|
|
proving the challenged provision in the order: |
|
|
(1) mitigates a threat to the public caused by the |
|
|
disaster; and |
|
|
(2) is the least restrictive means of mitigating the |
|
|
threat. |
|
|
(c) The court shall enter a judgment invalidating the |
|
|
challenged provision in the order if the court finds the person who |
|
|
issued the order has not satisfied the burden imposed under |
|
|
Subsection (b). |
|
|
SECTION 2. Subchapter A, Chapter 81, Health and Safety |
|
|
Code, is amended by adding Section 81.018 to read as follows: |
|
|
Sec. 81.018. JUDICIAL REVIEW OF ORDERS RELATED TO PUBLIC |
|
|
HEALTH DISASTER, PUBLIC HEALTH EMERGENCY, OR CONTROL MEASURE. (a) |
|
|
A person has standing to file suit in a court of this state to |
|
|
challenge a provision of an order issued by the governor, the |
|
|
commissioner, the department, or a health authority that relates to |
|
|
a declared public health disaster or an ordered public health |
|
|
emergency or is imposed as a control measure to prevent the spread |
|
|
of a communicable disease if the provision is alleged to cause |
|
|
injury to the person or burden a right of the person that is |
|
|
protected by the state or federal constitution or by a state or |
|
|
federal law. |
|
|
(b) The issuer of the order has the burden of proving the |
|
|
challenged provision in the order: |
|
|
(1) mitigates a threat to the public caused by the |
|
|
public health disaster, the public health emergency, or a |
|
|
communicable disease; and |
|
|
(2) is the least restrictive means of mitigating the |
|
|
threat. |
|
|
(c) The court shall enter a judgment invalidating the |
|
|
challenged provision in the order if the court finds the issuer of |
|
|
the order has not satisfied the burden imposed under Subsection |
|
|
(b). |
|
|
SECTION 3. Section 418.007, Government Code, as added by |
|
|
this Act, and Section 81.018, Health and Safety Code, as added by |
|
|
this Act, apply only to an order issued on or after the effective |
|
|
date of this Act. An order issued before the effective date of this |
|
|
Act is governed by the law in effect immediately before that date, |
|
|
and that law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |