| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of the Emergency Powers Board and its |
|
|
powers during a declared state of disaster or public health |
|
|
disaster. |
|
|
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. EMERGENCY POWERS BOARD. (a) The Emergency |
|
|
Powers Board is established to provide oversight during a declared |
|
|
state of disaster, including a public health disaster declared as |
|
|
provided by Chapter 81, Health and Safety Code. |
|
|
(b) The board is composed of: |
|
|
(1) the governor; |
|
|
(2) the lieutenant governor; |
|
|
(3) the speaker of the house of representatives; |
|
|
(4) the chair of the committee of the senate with |
|
|
primary jurisdiction over state affairs; and |
|
|
(5) the chair of the committee of the house of |
|
|
representatives with primary jurisdiction over state affairs. |
|
|
(c) On or after the eighth day after the date the governor |
|
|
issues an executive order, proclamation, or regulation under this |
|
|
chapter, including an order, proclamation, or regulation related to |
|
|
a public health disaster declared as provided by Chapter 81, Health |
|
|
and Safety Code, the board by majority vote may set an expiration |
|
|
date for the order, proclamation, or regulation. |
|
|
(d) Notwithstanding Chapter 551 or any other law, the board |
|
|
may meet by telephone conference call, videoconference, or other |
|
|
similar telecommunication method. A meeting held by telephone |
|
|
conference call, videoconference, or other similar |
|
|
telecommunication method is subject to the requirements of Sections |
|
|
551.125(c), (d), (e), and (f). |
|
|
(e) If an executive order, proclamation, or regulation |
|
|
issued by the governor has as an expiration date set by the governor |
|
|
and not modified by the board a date that is on or after the 22nd day |
|
|
after the date the order, proclamation, or regulation is issued, |
|
|
the governor shall convene the legislature in special session to |
|
|
determine whether any legislation is necessary to implement, |
|
|
modify, or repeal the order, proclamation, or regulation. |
|
|
SECTION 2. This Act takes effect January 1, 2024, but only |
|
|
if the constitutional amendment proposed by the 88th Legislature, |
|
|
Regular Session, 2023, requiring the governor to call the |
|
|
legislature into special session following certain disaster or |
|
|
emergency declarations and specifying the powers of the legislature |
|
|
in those special sessions is approved by the voters. If that |
|
|
amendment is not approved by the voters, this Act has no effect. |