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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of the judiciary in |
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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. Section 74.093(c), Government Code, is amended |
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to read as follows: |
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(c) The rules may provide for: |
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(1) the selection and authority of a presiding judge |
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of the courts giving preference to a specified class of cases, such |
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as civil, criminal, juvenile, or family law cases; [and] |
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(2) a coordinated response for the transaction of |
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essential judicial functions in the event of a disaster; and |
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(3) any other matter necessary to carry out this |
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chapter or to improve the administration and management of the |
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court system and its auxiliary services. |
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SECTION 2. Section 418.002, Government Code, is amended to |
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read as follows: |
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Sec. 418.002. PURPOSES. The purposes of this chapter are |
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to: |
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(1) reduce vulnerability of people and communities of |
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this state to damage, injury, and loss of life and property |
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resulting from natural or man-made catastrophes, riots, or hostile |
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military or paramilitary action; |
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(2) prepare for prompt and efficient rescue, care, and |
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treatment of persons victimized or threatened by disaster; |
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(3) provide a setting conducive to the rapid and |
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orderly restoration and rehabilitation of persons and property |
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affected by disasters; |
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(4) clarify and strengthen the roles of the governor, |
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state agencies, the judicial branch of state government, and local |
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governments in prevention of, preparation for, response to, and |
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recovery from disasters; |
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(5) authorize and provide for cooperation in disaster |
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mitigation, preparedness, response, and recovery; |
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(6) authorize and provide for coordination of |
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activities relating to disaster mitigation, preparedness, |
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response, and recovery by agencies and officers of this state, and |
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similar state-local, interstate, federal-state, and foreign |
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activities in which the state and its political subdivisions may |
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participate; |
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(7) provide an emergency management system embodying |
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all aspects of predisaster preparedness and postdisaster response; |
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(8) assist in mitigation of disasters caused or |
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aggravated by inadequate planning for and regulation of public and |
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private facilities and land use; and |
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(9) provide the authority and mechanism to respond to |
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an energy emergency. |
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SECTION 3. Section 418.016, Government Code, is amended to |
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read as follows: |
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Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. |
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(a) The governor may suspend the provisions of any regulatory |
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statute prescribing the procedures for conduct of state business or |
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the orders or rules of a state agency if strict compliance with the |
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provisions, orders, or rules would in any way prevent, hinder, or |
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delay necessary action in coping with a disaster. |
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(b) Notwithstanding any other law, the supreme court, by |
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rule or order, or on a case-by-case basis, may exercise the court's |
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inherent authority, with or without the consent of the parties, to |
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suspend procedures for the conduct of any court proceeding affected |
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by a disaster. The supreme court may: |
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(1) provide abatements and stays; |
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(2) toll limitations; |
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(3) toll or modify other filings and service |
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deadlines; |
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(4) provide for hearings or trials at locations other |
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than the county of suit; |
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(5) provide for courts of appeal to accept filings and |
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hear arguments in remote courthouses; and |
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(6) provide for alternative notice requirements. |
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(c) If a disaster prevents the supreme court from acting |
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under Subsection (b), the court of criminal appeals may act on |
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behalf of the supreme court. If the disaster prevents both the |
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supreme court and the court of criminal appeals from acting under |
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Subsection (b), the chief justice of the supreme court and the |
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presiding judge of the court of criminal appeals may act on behalf |
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of the judicial branch of state government. |
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SECTION 4. 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, 2009. |