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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct of judicial proceedings and transaction of |
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other essential judicial functions 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 A, Chapter 22, Government Code, is |
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amended by adding Section 22.0035 to read as follows: |
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Sec. 22.0035. SUSPENSION OF CERTAIN PROVISIONS RELATING TO |
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COURT PROCEEDINGS AFFECTED BY DISASTER. (a) In this section, |
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"disaster" has the meaning assigned by Section 418.004. |
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(b) Notwithstanding any other statute and to the extent |
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permitted by the Texas and United States Constitutions, the supreme |
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court may exercise the court's inherent authority by rule or order |
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or on a case-by-case basis, with or without the consent of the |
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parties, to temporarily suspend the provisions of any order, rule, |
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or statute prescribing procedures for the conduct of any court |
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proceeding affected by a disaster for the period the proceeding is |
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affected. This authority includes the authority to: |
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(1) provide an abatement or stay; |
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(2) toll or modify a filing or service deadline; |
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(3) provide for a hearing or trial to occur at a |
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location other than the municipality or county in which the |
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proceeding was commenced; |
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(4) provide for a court of appeals to accept a filing, |
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hear a case, or transact business in a remote courthouse; and |
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(5) provide alternate notice requirements. |
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(c) If a disaster prevents the supreme court from acting |
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under Subsection (b), the chief justice of the supreme court may act |
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on behalf of the supreme court under that subsection. |
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(d) If a disaster prevents the chief justice from acting |
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under Subsection (c), the court of criminal appeals may act on |
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behalf of the supreme court under Subsection (b). |
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(e) If a disaster prevents the court of criminal appeals |
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from acting under Subsection (d), the presiding judge of the court |
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of criminal appeals may act on behalf of the supreme court under |
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Subsection (b). |
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SECTION 2. 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 to ensure the transaction |
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of essential judicial functions in the event of a disaster, as |
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defined by Section 418.004; 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 3. 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, and local governments in |
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prevention of, preparation for, response to, and recovery from |
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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 4. Section 418.042(b), Government Code, is amended |
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to read as follows: |
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(b) In preparing and revising the state emergency |
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management plan, the division shall seek the advice and assistance |
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of local government, the judicial branch, business, labor, |
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industry, agriculture, civic organizations, volunteer |
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organizations, and community leaders. |
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SECTION 5. This Act takes effect September 1, 2009. |