87R23114 YDB-F
 
  By: Burrows H.B. No. 3
 
  Substitute the following for H.B. No. 3:
 
  By:  Paddie C.S.H.B. No. 3
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state and local government responses to a pandemic
  disaster, including the establishment of the Pandemic Disaster
  Legislative Oversight Committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 3, Government Code, is amended
  by adding Chapter 329 to read as follows:
  CHAPTER 329. PANDEMIC DISASTER LEGISLATIVE OVERSIGHT COMMITTEE
         Sec. 329.001.  DEFINITIONS. In this chapter:
               (1)  "Committee" means the Pandemic Disaster
  Legislative Oversight Committee.
               (2)  "Pandemic disaster" has the meaning assigned by
  Section 418A.003(2).
         Sec. 329.002.  ESTABLISHMENT; COMPOSITION. (a) The Pandemic
  Disaster Legislative Oversight Committee is established to:
               (1)  consider the impact on this state and its
  residents of a state of pandemic disaster declared by the governor;
  and
               (2)  provide legislative oversight of pandemic
  disaster declarations.
         (b)  The committee is composed of 10 members as follows:
               (1)  the lieutenant governor;
               (2)  the speaker of the house of representatives;
               (3)  the chair of the Senate Committee on Finance or its
  successor;
               (4)  the chair of the Senate Committee on State Affairs
  or its successor;
               (5)  the chair of the Senate Committee on Health and
  Human Services or its successor;
               (6)  the chair of the Senate Committee on Education or
  its successor;
               (7)  the chair of the House Committee on Appropriations
  or its successor;
               (8)  the chair of the House Committee on State Affairs
  or its successor;
               (9)  the chair of the House Committee on Public Health
  or its successor; and
               (10)  the chair of the House Committee on Public
  Education or its successor.
         Sec. 329.003.  JOINT CHAIRS. The lieutenant governor and
  speaker of the house of representatives serve as joint chairs of the
  committee.
         Sec. 329.004.  POWERS AND DUTIES. (a) The committee may act
  only when the legislature is not convened in regular or special
  session.
         (b)  The committee is authorized to:
               (1)  review any state of pandemic disaster declaration
  issued by the governor under Chapter 418A that is in effect for more
  than 30 days following the governor's renewal of the declaration
  under that chapter;
               (2)  review proclamations, orders, or rules issued or
  adopted by the governor and any orders issued by a county or
  municipality for the pandemic disaster declaration; and
               (3)  terminate in accordance with Section 418A.055:
                     (A)  the state of pandemic disaster; or
                     (B)  provisions of proclamations, orders, or
  rules issued or adopted by the governor or orders issued by a county
  or municipality for the pandemic disaster declaration.
         (c)  Except as otherwise provided by this chapter, the
  committee has all other powers and duties provided to a special
  committee by:
               (1)  Subchapter B, Chapter 301;
               (2)  the rules of the senate and house of
  representatives; and
               (3)  policies of the senate and house committees on
  administration.
         Sec. 329.005.  MEETINGS; QUORUM. (a) The committee shall
  meet at the call of the joint chairs.
         (b)  The joint chairs shall convene the committee on or as
  soon as practicable after the date a state of pandemic disaster is
  first renewed by the governor under Chapter 418A unless the
  legislature is convened in regular or special session.
         (c)  A majority of the members of the committee from each
  house constitutes a quorum to transact business. Termination of a
  state of pandemic disaster may only be ordered by a majority of the
  committee's membership. If a quorum is present, the committee may
  act on any other matter within its jurisdiction by a majority vote.
         (d)  Notice of a meeting of the committee must be posted at
  least five calendar days before the date of the meeting, in the same
  manner that meeting notices are posted for standing committees of
  the senate and house of representatives.
         (e)  As an exception to Chapter 551 and other law, the
  committee may meet by use of video conference call. This subsection
  applies for purposes of constituting a quorum, for purposes of
  voting, and for any other purpose allowing a member of the committee
  to fully participate in a meeting of the committee. A meeting held
  by use of video conference call:
               (1)  must be open to the public, including by video
  broadcasting the meeting in real time through the Internet website
  of the senate or house of representatives;
               (2)  must specify in the meeting notice the link to the
  video broadcast described by Subdivision (1); and
               (3)  must provide for the entire meeting two-way video
  communication between all committee members attending the meeting
  and if, at any time, the two-way video communication link with a
  member attending the meeting is disrupted, the meeting may not
  continue until that link is reestablished.
         SECTION 2.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 418A to read as follows:
  CHAPTER 418A. PANDEMIC EMERGENCY MANAGEMENT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 418A.001.  SHORT TITLE. This chapter may be cited as
  the Texas Pandemic Response Act.
         Sec. 418A.002.  PURPOSES. The purposes of this chapter are
  to:
               (1)  protect and preserve individual liberties
  guaranteed under the United States Constitution and the Texas
  Constitution;
               (2)  reduce the vulnerability of residents and
  communities in this state to damage, injury, and loss of life and
  property resulting from a pandemic disaster;
               (3)  prepare for prompt and efficient care and
  treatment of persons victimized or threatened by a pandemic
  disaster;
               (4)  maintain employment levels for state residents to
  the extent possible;
               (5)  provide a setting conducive to the rapid and
  orderly restoration and rehabilitation of persons and property
  affected by a pandemic disaster;
               (6)  clarify the roles of the governor, state agencies,
  the judicial branch of state government, and the political
  subdivisions of this state in the prevention of, preparation for,
  response to, and recovery from a pandemic disaster;
               (7)  authorize and provide for cooperation in pandemic
  disaster mitigation, preparedness, response, and recovery;
               (8)  authorize and coordinate activities relating to
  pandemic disaster mitigation, preparedness, response, and recovery
  by state agencies and officers and similar state-local, interstate,
  federal-state, and foreign activities in which this state and the
  political subdivisions of this state may participate;
               (9)  provide an emergency management system addressing
  all aspects of pandemic preparedness and response; and
               (10)  assist in the mitigation of pandemic disasters
  aggravated by inadequate planning for and regulation of public and
  private resources.
         Sec. 418A.003.  DEFINITIONS.  In this chapter:
               (1)  "Division" means the Texas Division of Emergency
  Management.
               (2)  "Pandemic disaster" means the occurrence or
  imminent threat of an outbreak of an infectious disease that
  spreads to a significant portion of the state population and that
  threatens widespread or severe damage, injury, or loss of life or
  property in more than one-fourth of the counties in this state
  resulting from any natural or man-made cause related to the
  outbreak.
               (3)  "Political subdivision" means a county or
  municipality.
         Sec. 418A.004.  LIMITATIONS. This chapter does not:
               (1)  grant the governor authority to enact law;
               (2)  expand the authority granted to the governor under
  Chapter 418;
               (3)  limit the authority of the governor to apply for,
  administer, or spend a grant, gift, or payment in aid of pandemic
  disaster mitigation, preparedness, response, or recovery;
               (4)  interfere with the course or conduct of a labor
  dispute, except that actions otherwise authorized by this chapter
  or other laws may be taken when necessary to forestall or mitigate
  imminent or existing danger to public health or safety;
               (5)  interfere with dissemination of news or comment on
  public affairs, provided any communications facility or
  organization, including radio and television stations, wire
  services, Internet and cellular services, and newspapers, may be
  requested to transmit or print public service messages providing
  information or instructions in connection with a pandemic disaster
  or potential pandemic disaster;
               (6)  affect the jurisdiction or responsibilities of a
  law enforcement agency, fire department, or unit of the armed
  forces of the United States, or any of their personnel when on
  active duty, if state, local, or interjurisdictional emergency
  management plans rely on the agencies, departments, or units to
  perform duties related to pandemic disasters;
               (7)  limit, modify, or abridge the authority of the
  governor to exercise any other power vested in the governor under
  the constitution or laws of this state independent of or in
  conjunction with any provision of this chapter;
               (8)  authorize the seizure or confiscation of any
  firearm or ammunition from an individual who is lawfully carrying
  or possessing the firearm or ammunition;
               (9)  authorize any person to prohibit or restrict the
  business operations of a firearms or ammunition manufacturer,
  distributor, wholesaler, supplier, or retailer or a sport shooting
  range, as defined by Section 250.001, Local Government Code;
               (10)  affect the level of scrutiny for judicial review
  of constitutional violations;
               (11)  delegate to any governmental official the
  authority to modify election procedures; or
               (12)  authorize any governmental official to mandate
  that an individual obtain a vaccination.
         Sec. 418A.005.  APPLICABILITY OF OTHER LAW. The following
  provisions of Chapter 418 apply to a state of pandemic disaster
  declared under this chapter:
               (1)  Subchapter C-1;
               (2)  Subchapter D;
               (3)  Section 418.107;
               (4)  Section 418.1075;
               (5)  Section 418.171;
               (6)  Section 418.1881;
               (7)  Section 418.1882;
               (8)  Section 418.191; and
               (9)  Section 418.193, as added by Chapter 70 (S.B.
  416), Acts of the 86th Legislature, Regular Session, 2019.
         Sec. 418A.006.  CONFLICT WITH OTHER LAW. To the extent of
  any conflict between this chapter and Chapter 418, this chapter
  controls.
         Sec. 418A.007.  PROHIBITION. The presiding officer of the
  governing body of a political subdivision may not issue an order
  during a declared state of pandemic disaster or local state of
  pandemic disaster that:
               (1)  requires specific businesses or industries to
  close; or
               (2)  distinguishes between types of businesses or
  industries in limiting operation capacities.
         Sec. 418A.008.  CIVIL LIABILITY DURING PANDEMIC DISASTER.
  (a) Section 418.006 applies during a declared state of pandemic
  disaster.
         (b)  A business or an entity operating during a pandemic
  disaster in this state is not liable for an injury caused by
  exposing or potentially exposing an individual to a disease if on
  the date of the exposure or potential exposure:
               (1)  the business or entity is authorized to conduct
  business in this state;
               (2)  the business or entity made a reasonable effort to
  comply with applicable and controlling state and local laws, rules,
  ordinances, declarations, and proclamations related to the
  pandemic disaster; and
               (3)  the act or omission giving rise to the exposure or
  potential exposure was not wilful, reckless, or grossly negligent.
         (c)  A person who provides goods or renders services during a
  pandemic disaster in support of disaster response efforts and at
  the request of the governor or the governor's designee is not liable
  for an injury caused by the goods or services, regardless of the
  circumstances, provided the act or omission giving rise to the
  injury was not wilful, reckless, grossly negligent, or inconsistent
  with a limit specified in the governor's request.
         (d)  The immunity provided by this section is in addition to
  the immunity and limitations of liability provided by other law.
         (e)  This section does not create a civil cause of action.
  SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
         Sec. 418A.051.  EXECUTIVE ORDERS, PROCLAMATIONS, AND RULES.
  (a) Subject to Section 418A.052, the governor may issue, amend, or
  rescind an executive order, proclamation, or rule to further the
  purposes of this chapter.
         (b)  An executive order, proclamation, or rule issued by the
  governor under this chapter has the force and effect of law.
         Sec.  418A.052.  LIMITATION ON CERTAIN EXECUTIVE ORDERS,
  PROCLAMATIONS, AND RULES. (a) This section applies only to an
  executive order, proclamation, or rule issued under this chapter
  that has the effect of:
               (1)  closing or limiting the operating capacity of a
  business or other entity;
               (2)  mandating the wearing of a face covering; or
               (3)  limiting surgeries or other procedures that a
  licensed health care professional or health care facility may
  perform.
         (b)  An executive order, proclamation, or rule described by
  Subsection (a) may continue for more than 30 days only if the
  governor during that period issues:
               (1)  a proclamation convening the legislature in
  special session that begins during that period to consider whether
  to modify or terminate the executive order, proclamation, or rule;
  or
               (2)  if the legislature is convened in regular or
  special session, a message to the legislature requesting the
  legislature's consideration of whether to modify or terminate the
  executive order, proclamation, or rule.
         (c)  The governor may not issue a new executive order,
  proclamation, or rule based on the same or a substantially similar
  finding as a prior executive order, proclamation, or rule that was
  terminated by the legislature under Subsection (b).
         Sec. 418A.053.  LIMITATIONS ON AUTHORITY OF GOVERNOR. (a)
  Except as expressly provided by this chapter, the governor may
  exercise the same authority the governor is granted under
  Subchapter B, Chapter 418, to address a declared state of pandemic
  disaster.
         (b)  The following provisions of Subchapter B, Chapter 418,
  do not apply during a declared state of pandemic disaster:
               (1)  Section 418.014;
               (2)  Sections 418.016(b), (c), and (d);
               (3)  Section 418.019;
               (4)  Section 418.0195; and
               (5)  Section 418.023.
         Sec. 418A.054.  RELIGIOUS FREEDOM. Actions taken under a
  declared state of pandemic disaster must satisfy the religious
  freedom protections of Chapter 110, Civil Practice and Remedies
  Code, and the Religious Freedom Restoration Act of 1993 (42 U.S.C.
  Section 2000bb et seq.).
         Sec. 418A.055.  DECLARATION OF STATE OF PANDEMIC DISASTER.
  (a) The governor by executive order or proclamation may declare a
  state of pandemic disaster if the governor determines that a state
  of pandemic disaster is occurring in this state or that the
  occurrence or threat of a pandemic disaster is imminent.
         (b)  Subject to Subsections (c) and (d), a state of pandemic
  disaster continues until the governor:
               (1)  determines that:
                     (A)  the threat of a pandemic disaster has passed;
  or
                     (B)  the pandemic disaster has been addressed to
  the extent that emergency conditions no longer exist; and
               (2)  terminates the state of pandemic disaster by
  executive order or proclamation.
         (c)  A state of pandemic disaster may not continue for more
  than 30 days unless renewed by the governor. If the legislature is
  convened in regular or special session, the legislature by law may
  at any time terminate a declared state of pandemic disaster. If the
  legislature is not convened in session, the Pandemic Disaster
  Legislative Oversight Committee established under Chapter 329 may
  at any time terminate:
               (1)  a state of pandemic disaster that is in effect for
  more than 30 days following the governor's renewal of the
  declaration; or
               (2)  provisions of proclamations, orders, or rules
  issued or adopted by the governor or of orders issued by a political
  subdivision for the pandemic disaster declaration described by
  Subdivision (1).
         (d)  The governor may not declare a new state of pandemic
  disaster based on the same or a substantially similar finding as a
  prior state of pandemic disaster that was terminated or not renewed
  by the legislature or to circumvent a meeting of the Pandemic
  Disaster Legislative Oversight Committee convened to review a state
  of pandemic disaster declaration.
         (e)  On termination of a declared state of pandemic disaster
  or a provision of a proclamation, order, or rule by the legislature
  or the Pandemic Disaster Legislative Oversight Committee under this
  section, the governor shall issue an executive order ending the
  declared state of pandemic disaster or rescinding those provisions.
         (f)  An executive proclamation or order issued under this
  section must:
               (1)  include:
                     (A)  a description of the nature of the pandemic
  disaster;
                     (B)  a designation of the areas affected or
  threatened; and
                     (C)  a description of the conditions that caused
  the pandemic disaster or allowed the termination of the pandemic
  disaster; and
               (2)  be posted on the Internet website of the governor
  and of any state agency affected by the proclamation or order.
         (g)  The governor shall:
               (1)  promptly disseminate a proclamation or order by
  any means intended to bring its contents to the attention of the
  public; and
               (2)  unless the circumstances related to the pandemic
  disaster prevent or impede the filing, promptly file the
  proclamation or order with:
                     (A)  the division;
                     (B)  the secretary of state; and
                     (C)  the county clerk or municipal secretary in
  each area in which the proclamation or order applies.
         Sec. 418A.056.  SALE AND TRANSPORTATION OF CERTAIN
  MATERIALS. The sale, dispensing, or transportation of firearms and
  ammunition may not be suspended or limited in response to a declared
  state of pandemic disaster.
  SUBCHAPTER C. LOCAL AND INTERJURISDICTIONAL PANDEMIC EMERGENCY
  MANAGEMENT
         Sec. 418A.101.  PANDEMIC EMERGENCY MANAGEMENT DIRECTORS.
  (a) The presiding officer of the governing body of a political
  subdivision is designated as the pandemic emergency management
  director for that political subdivision.
         (b)  A pandemic emergency management director serves as the
  governor's designated agent in the administration and supervision
  of duties under this chapter. A pandemic emergency management
  director shall perform the duties prescribed by the emergency
  management plan and implement the state of pandemic proclamation
  and each executive order issued under this chapter.
         (c)  A pandemic emergency management director may designate
  a person to serve as pandemic emergency management coordinator.
  The pandemic emergency management coordinator shall serve as an
  assistant to the pandemic emergency management director for
  pandemic emergency management purposes.
         (d)  A person, other than a pandemic emergency management
  director, may not seize state or federal resources without prior
  authorization from the division or the state or federal agency
  responsible for those resources.
         Sec. 418A.102.  PREEMPTION. (a)  Any local order or rule
  issued in response to a state or local state of pandemic disaster is
  superseded and void to the extent that it is inconsistent with
  proclamations, orders, or rules issued by the governor or the
  Department of State Health Services.
         (b)  Any order issued by a municipality in response to a
  state or local state of pandemic disaster is superseded and void to
  the extent that it is inconsistent with orders issued by the county
  judge of the county in which the municipality is located.
         Sec. 418A.103.  LIMITATION ON AD VALOREM TAX RATE OF CERTAIN
  POLITICAL SUBDIVISIONS. (a) In this section:
               (1)  "No-new-revenue tax rate" and "voter-approval tax
  rate" have the meanings assigned by Section 26.04, Tax Code.
               (2)  "Tax year" has the meaning assigned by Section
  1.04, Tax Code.
         (b)  This section applies only to a political subdivision:
               (1)  the presiding officer of the governing body of
  which issues an order requiring the closure of a private business in
  response to a pandemic disaster; and
               (2)  for which the governor issues a written
  determination finding that the presiding officer of the governing
  body of the political subdivision has taken an action described by
  Subdivision (1). 
         (c)  Notwithstanding Chapter 26, Tax Code, or any other law,
  the governing body of a political subdivision to which this section
  applies may not adopt an ad valorem tax rate for the current tax
  year that exceeds the lesser of the political subdivision's
  no-new-revenue tax rate or voter-approval tax rate for that tax
  year.
         (d)  For purposes of making the calculation required under
  Section 26.013, Tax Code, in a tax year in which this section
  applies to a political subdivision, the difference between the
  political subdivision's actual tax rate and voter-approval tax rate
  is considered to be zero.
         (e)  A political subdivision is no longer subject to the
  limitation prescribed by this section in the first tax year
  following the governor's rescission of the written determination
  issued under Subsection (b)(2).
         (f)  The governor shall adopt rules and procedures necessary
  to determine whether the presiding officer of a political
  subdivision has taken an action described by Subsection (b)(1).
  SUBCHAPTER D. MISCELLANEOUS PROVISIONS
         Sec. 418A.151.  PERSONNEL SURGE CAPACITY PLANNING.
  Personnel surge capacity planning conducted under this chapter for
  declared states of pandemic disaster must include plans for
  providing personal protective equipment to physicians, other
  health care professionals, and pandemic disaster relief workers and
  volunteers.
         SECTION 3.  Section 418.004(1), Government Code, is amended
  to read as follows:
               (1)  "Disaster" means the occurrence or imminent threat
  of widespread or severe damage, injury, or loss of life or property
  resulting from any natural or man-made cause, including fire,
  flood, earthquake, wind, storm, wave action, oil spill or other
  water contamination, volcanic activity, epidemic, air
  contamination, blight, drought, infestation, explosion, riot,
  hostile military or paramilitary action, extreme heat,
  cybersecurity event, other public calamity requiring emergency
  action, or energy emergency. The term does not include a pandemic
  disaster as defined by Section 418A.003.
         SECTION 4.  Section 418.005(b), Government Code, is amended
  to read as follows:
         (b)  Each person described by Subsection (a) shall complete a
  course of training provided or approved by the division of not less
  than three hours regarding the responsibilities of state and local
  governments under this chapter and Chapter 418A not later than the
  180th day after the date the person:
               (1)  takes the oath of office, if the person is required
  to take an oath of office to assume the person's duties as a public
  officer;
               (2)  otherwise assumes responsibilities as a public
  officer, if the person is not required to take an oath of office to
  assume the person's duties; or
               (3)  is designated as an emergency management
  coordinator under Section 418.1015(c).
         SECTION 5.  Section 418A.008, Government Code, as added by
  this Act, applies only to a cause of action that accrued on or after
  March 13, 2020. A cause of action that accrued before March 13,
  2020, is governed by the law applicable to the cause of action
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 6.  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, 2021.