| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the performance of the functions of the governing body |
|
|
of a political subdivision in the event of a disaster. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 418, Government Code, is |
|
|
amended by adding Sections 418.111 and 418.112 to read as follows: |
|
|
Sec. 418.111. PLAN FOR CONTINUITY OF FUNCTIONS. (a) The |
|
|
governing body of a political subdivision may adopt a plan for the |
|
|
continuity of functions of the political subdivision during a |
|
|
declared disaster or other catastrophic event. |
|
|
(b) The plan may provide for: |
|
|
(1) delegating any administrative duty of the |
|
|
governing body of the political subdivision or any official or |
|
|
employee of the political subdivision to another appropriate |
|
|
person; |
|
|
(2) establishing orders of succession for performing |
|
|
essential functions of the political subdivision; and |
|
|
(3) establishing meeting procedures for the governing |
|
|
body of the political subdivision. |
|
|
Sec. 418.112. EXCEPTION TO QUORUM REQUIREMENTS. (a) This |
|
|
section applies to a local governmental entity created and |
|
|
operating under the laws of this state, including a political |
|
|
subdivision, school district, or special district or authority. |
|
|
(b) Notwithstanding any other law, a quorum is not required |
|
|
for the governing body of a local governmental entity to act if: |
|
|
(1) the entity's jurisdiction is wholly or partly |
|
|
located in the area of a declared disaster; and |
|
|
(2) a majority of the members of the governing body are |
|
|
unable to be present at a meeting of the governing body as a result |
|
|
of the disaster. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |