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House Bill 4068 |
House Author: Gonzales |
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Effective: Vetoed |
Senate Sponsor: Hinojosa |
House Bill 4068 amends the Government Code to authorize the Supreme Court of Texas to exercise the court's inherent authority by rule or by order or on a case-by-case basis, with or without the consent of the parties, to temporarily suspend the provisions of any order, rule, or statute prescribing procedures for the conduct of any court proceeding affected by a disaster for the period the proceeding is affected and sets forth contingencies relating to such action if a disaster prevents the supreme court from acting. The bill authorizes the local rules of administration that must be adopted by district and statutory county court judges in each county to provide for a coordinated response to ensure the transaction of essential judicial functions in the event of a disaster and includes in the purposes of provisions for emergency management clarifying and strengthening the role of the judicial branch in prevention of, preparation for, response to, and recovery from disasters. The bill requires the division of emergency management, in preparing and revising the state emergency management plan, to seek the advice and assistance of the judicial branch, in addition to other entities and persons.
Reason Given for Veto: 'House Bill No. 4068 seeks to provide authority to the Texas Supreme Court and Texas Court of Criminal Appeals when there is a disaster in the state. Another bill passed during the 81st Legislature[,] Regular Session, House Bill No. 1861, also provides authority over the judicial branch in Texas to the Texas Supreme Court and the Texas Court of Criminal Appeals in the event of a disaster. House Bill No. 1861 and House Bill No. 4068 contain conflicting provisions, and enacting both would lead to time-consuming litigation to resolve these conflicts. In the event that a disaster affects operations of the judicial branch, returning operations to their regular state as quickly as possible is the highest priority. Because of these conflicts and because I believe House Bill No. 1861 provides a better framework for the judicial branch during a state of disaster, I am vetoing House Bill No. 4068.'