By: Eiland, Gonzales, Flores H.B. No. 1861
        (Senate Sponsor - Carona)
         (In the Senate - Received from the House April 27, 2009;
  May 1, 2009, read first time and referred to Committee on
  Jurisprudence; May 15, 2009, reported adversely, with favorable
  Committee Substitute by the following vote: Yeas 5, Nays 0;
  May 15, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1861 By:  Carona
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the operation and administration of the judiciary in
  the event of a disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 22, Government Code, is
  amended by adding Section 22.0035 to read as follows:
         Sec. 22.0035.  MODIFICATION OR SUSPENSION OF CERTAIN
  PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER.  (a)  
  In this section, "disaster" has the meaning assigned by Section
  418.004.
         (b)  Notwithstanding any other statute, the supreme court
  may modify or suspend procedures for the conduct of any court
  proceeding affected by a disaster during the pendency of a disaster
  declared by the governor.  An order under this section may not
  extend for more than 30 days from the date the order was signed
  unless renewed by the supreme court.
         (c)  If a disaster prevents the supreme court from acting
  under Subsection (b), the chief justice of the supreme court may act
  on behalf of the supreme court under that subsection.
         (d)  If a disaster prevents the chief justice from acting
  under Subsection (c), the court of criminal appeals may act on
  behalf of the supreme court under Subsection (b).
         (e)  If a disaster prevents the court of criminal appeals
  from acting under Subsection (d), the presiding judge of the court
  of criminal appeals may act on behalf of the supreme court under
  Subsection (b).
         SECTION 2.  Section 74.093(c), Government Code, is amended
  to read as follows:
         (c)  The rules may provide for:
               (1)  the selection and authority of a presiding judge
  of the courts giving preference to a specified class of cases, such
  as civil, criminal, juvenile, or family law cases; [and]
               (2)  a coordinated response for the transaction of
  essential judicial functions in the event of a disaster; and
               (3)  any other matter necessary to carry out this
  chapter or to improve the administration and management of the
  court system and its auxiliary services.
         SECTION 3.  Section 418.002, Government Code, is amended to
  read as follows:
         Sec. 418.002.  PURPOSES.  The purposes of this chapter are
  to:
               (1)  reduce vulnerability of people and communities of
  this state to damage, injury, and loss of life and property
  resulting from natural or man-made catastrophes, riots, or hostile
  military or paramilitary action;
               (2)  prepare for prompt and efficient rescue, care, and
  treatment of persons victimized or threatened by disaster;
               (3)  provide a setting conducive to the rapid and
  orderly restoration and rehabilitation of persons and property
  affected by disasters;
               (4)  clarify and strengthen the roles of the governor,
  state agencies, the judicial branch of state government, and local
  governments in prevention of, preparation for, response to, and
  recovery from disasters;
               (5)  authorize and provide for cooperation in disaster
  mitigation, preparedness, response, and recovery;
               (6)  authorize and provide for coordination of
  activities relating to disaster mitigation, preparedness,
  response, and recovery by agencies and officers of this state, and
  similar state-local, interstate, federal-state, and foreign
  activities in which the state and its political subdivisions may
  participate;
               (7)  provide an emergency management system embodying
  all aspects of predisaster preparedness and postdisaster response;
               (8)  assist in mitigation of disasters caused or
  aggravated by inadequate planning for and regulation of public and
  private facilities and land use; and
               (9)  provide the authority and mechanism to respond to
  an energy emergency.
         SECTION 4.  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, 2009.
 
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