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A BILL TO BE ENTITLED
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AN ACT
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relating to the declaration of a local state of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.108, Government Code, is amended by |
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amending Subsections (a) and (c) and by adding Subsections (b-1) |
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and (d-1) to read as follows: |
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(a) Except as provided by Subsection (e), the presiding |
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officer of the governing body of a political subdivision may |
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declare a local state of disaster if the presiding officer finds a |
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disaster has occurred or that the occurrence or threat of disaster |
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is imminent. |
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(b-1) An order or proclamation declaring, continuing, or |
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terminating a local state of disaster issued under this section |
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must include: |
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(1) a description of the nature of the disaster; |
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(2) a designation of the area threatened; and |
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(3) a description of the conditions that have brought |
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the local state of disaster about or made possible the termination |
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of the local state of disaster. |
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(c) An order or proclamation declaring, continuing, or |
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terminating a local state of disaster shall be given prompt and |
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general publicity and shall be filed promptly with the city |
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secretary, the county clerk, or the joint board's official records, |
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as applicable. If the political subdivision to which the order or |
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proclamation applies maintains an Internet website, a copy of the |
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order or proclamation shall also be posted on the political |
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subdivision's Internet website. |
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(d-1) In accordance with Section 418.016(e), the presiding |
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officer of a political subdivision may request the governor to |
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waive or suspend a deadline imposed by a statute or the orders or |
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rules of a state agency on the political subdivision, including a |
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deadline relating to a budget or ad valorem tax, if the waiver or |
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suspension is reasonably necessary for the political subdivision to |
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cope with a local disaster declared under this section. |
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SECTION 2. 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, 2017. |