By: Zaffirini  S.B. No. 61
         (In the Senate - Filed November 13, 2006; January 23, 2007,
  read first time and referred to Committee on Transportation and
  Homeland Security; February 5, 2007, reported favorably by the
  following vote:  Yeas 6, Nays 0; February 5, 2007, sent to
  printer.)
 
 
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.
 
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