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A BILL TO BE ENTITLED
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AN ACT
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relating to state emergency management during a 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 418.004(1), Government Code, is amended |
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to read as follows: |
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(1) "Disaster" means the occurrence or imminent threat |
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of widespread or severe damage, injury, or loss of life or property |
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resulting from any natural or man-made cause, including fire, |
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flood, earthquake, wind, storm, wave action, oil spill or other |
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water contamination, volcanic activity, epidemic, air |
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contamination, blight, drought, infestation, explosion, riot, |
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hostile military or paramilitary action, extreme heat, |
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cybersecurity event, [other public calamity requiring emergency |
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action,] or energy emergency. |
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SECTION 2. Section 418.012, Government Code, is amended to |
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read as follows: |
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Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the |
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governor may, subject to Section 418.016(a), issue executive |
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orders, proclamations, and regulations and amend or rescind them. |
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[Executive orders, proclamations, and regulations have the force |
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and effect of law.] |
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SECTION 3. Section 418.0155, Government Code, is amended to |
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read as follows: |
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Sec. 418.0155. SUSPENSION LIST. (a) The governor's |
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office, using existing resources, shall compile and maintain a |
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comprehensive list of state agency [regulatory statutes and] rules |
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that may require suspension during a disaster. |
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(b) On request by the governor's office, a state agency that |
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would be impacted by the suspension of a [statute or] rule on the |
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list compiled under Subsection (a) shall review the list for |
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accuracy and shall advise the governor's office regarding any |
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[statutes or] rules that should be added to the list. |
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SECTION 4. The heading to Section 418.016, Government Code, |
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is amended to read as follows: |
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Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES AND |
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REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS. |
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SECTION 5. Section 418.016, Government Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (a-1) to |
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read as follows: |
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(a) The governor may not suspend a state agency order or |
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rule except as specifically authorized by this chapter. The |
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governor may suspend [the provisions of any regulatory statute |
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prescribing the procedures for conduct of state business or] the |
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orders or rules of a state agency if strict compliance with the |
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[provisions,] orders[,] or rules would in any way prevent, hinder, |
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or delay necessary action or prompt response in coping with a |
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disaster. |
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(a-1) During a state of disaster declared by the governor |
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and notwithstanding any other law, the contracting requirements in |
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Subtitle D, Title 10, that inhibit or prevent prompt response to a |
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disaster do not apply to a state agency in contracting for goods or |
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services related to the declared state of disaster. |
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(e) On request of a political subdivision, the governor may |
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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 to cope with a disaster. |
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SECTION 6. Section 418.020(c), Government Code, is amended |
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to read as follows: |
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(c) Under regulations prescribed by the governor, the |
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governor may temporarily suspend or modify for a period of not more |
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than 60 days any public health, safety, zoning, intrastate |
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transportation, or other [law or] regulation if by proclamation the |
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governor considers the suspension or modification essential to |
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provide temporary housing or emergency shelter for disaster |
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victims. |
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SECTION 7. Section 418.042(c), Government Code, is amended |
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to read as follows: |
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(c) All or part of the state emergency management plan may |
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be incorporated into regulations of the division or executive |
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orders [that have the force and effect of law]. |
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SECTION 8. Section 22.001(1), Labor Code, is amended to |
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read as follows: |
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(1) "Disaster" means the occurrence or imminent threat |
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of widespread or severe damage, injury, or loss of life or property |
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that results from a natural or man-made cause, including fire, |
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flood, earthquake, wind, storm, wave action, oil spill or other |
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water contamination, volcanic activity, epidemic, air |
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contamination, blight, drought, infestation, explosion, riot, |
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hostile military or paramilitary action, [or other public calamity |
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requiring emergency action,] or an energy emergency. |
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SECTION 9. The following provisions are repealed: |
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(1) Section 418.019, Government Code; and |
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(2) Section 207.0212, Labor Code. |
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SECTION 10. On the effective date of this Act, any law that |
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is suspended under Chapter 418, Government Code, or Section |
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207.0212, Labor Code, as those laws existed immediately before the |
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effective date of this Act, is reinstated. |
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SECTION 11. The changes in law made by this Act apply only |
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to an order, proclamation, or regulation issued on or after the |
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effective date of this Act. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |