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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial review of certain orders regarding a declared |
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state of disaster or public health disaster or issued to prevent the |
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spread of a communicable disease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 418, Government Code, is |
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amended by adding Section 418.007 to read as follows: |
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Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A |
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person has standing to file suit in a court of this state to |
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challenge a provision of an order issued by the governor or the |
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presiding officer of the governing body of a political subdivision |
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that relates to a declared state of disaster if the provision in the |
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order is alleged to cause injury to the person or burden a right of |
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the person that is protected by the state or federal constitution or |
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by a state or federal law. |
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(b) The issuer of the order has the burden of proving the |
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challenged provision in the order: |
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(1) mitigates a threat to the public caused by the |
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disaster; and |
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(2) is the least restrictive means of mitigating the |
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threat. |
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(c) The court shall enter a judgment invalidating the |
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challenged provision in the order if the court finds the issuer of |
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the order has not satisfied the burden imposed under Subsection |
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(b). |
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SECTION 2. Subchapter A, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.016 to read as follows: |
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Sec. 81.016. JUDICIAL REVIEW OF PUBLIC HEALTH DISASTER |
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ORDER OR CONTROL MEASURE ORDER. (a) A person has standing to file |
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suit in a court of this state to challenge a provision of an order |
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issued by the governor, the commissioner, the department, or a |
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health authority that relates to a declared public health disaster |
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or is imposed as a control measure to prevent the spread of a |
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communicable disease if the provision in the order is alleged to |
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cause injury to the person or burden a right of the person that is |
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protected by the state or federal constitution or by a state or |
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federal law. |
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(b) The issuer of the order has the burden of proving the |
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challenged provision in the order: |
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(1) mitigates a threat to the public caused by the |
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public health disaster or a communicable disease; and |
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(2) is the least restrictive means of mitigating the |
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threat. |
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(c) The court shall enter a judgment invalidating the |
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challenged provision in the order if the court finds the issuer of |
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the order has not satisfied the burden imposed under Subsection |
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(b). |
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SECTION 3. Section 418.007, Government Code, as added by |
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this Act, and Section 81.016, Health and Safety Code, as added by |
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this Act, apply only to an order issued on or after the effective |
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date of this Act. An order issued before the effective date of this |
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Act is governed by the law in effect immediately before that date |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |