83R4345 ATP-D
 
  By: Eiland H.B. No. 2164
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the delegation of authority by the governing body of a
  political subdivision during a disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 418.1101(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The plan may provide for:
               (1)  delegating:
                     (A)  any administrative duty of the governing body
  of the political subdivision or any official or employee of the
  political subdivision to another appropriate person; and
                     (B)  any authority of the governing body of the
  political subdivision or any official or employee of the political
  subdivision to the presiding officer of the governing body, the
  chief administrative or executive officer of the political
  subdivision, or any city manager of the political subdivision;
               (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.
         (c)  The plan may not provide for the delegation of a duty
  that the governing body or official is required to perform by the
  Texas Constitution or the delegation of authority that the
  governing body or official is required or is given exclusive
  authority to exercise by the Texas Constitution.
         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, 2013.