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