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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited suspension of a provision of the Code of |
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Criminal Procedure or Penal Code during a declared state of |
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disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.012, Government Code, is amended to |
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read as follows: |
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Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
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the governor may issue executive orders, proclamations, and |
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regulations and amend or rescind them. Executive orders, |
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proclamations, and regulations have the force and effect of law. |
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(b) An executive order, proclamation, or regulation issued |
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by the governor under this chapter may not suspend a provision in |
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the Code of Criminal Procedure or Penal Code. |
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SECTION 2. Section 418.012, Government Code, as amended by |
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this Act, applies only to a declaration of a state of disaster |
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issued or renewed on or after the effective date of this Act. A |
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declaration issued before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. 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, 2021. |