By: Harrison H.B. No. 911
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the legislature, courts, the governor,
  and other state and local officials regarding declared states of
  disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 418, Government Code, is
  amended by adding Sections 418.007, 418.008, and 418.009 to read as
  follows:
         Sec. 418.007.  RECOMMENDATIONS, GUIDELINES, AND
  COORDINATION. A state or local official may issue recommendations
  and nonbinding guidelines to assist with a state of disaster
  declared under this chapter and may coordinate public and private
  resources to prevent or respond to the disaster.
         Sec. 418.008.  PROTECTION OF RIGHTS.  Notwithstanding any
  other law, an order issued by the governor or a state or local
  official under this chapter that regulates and infringes on the
  rights of any private person must be:
               (1)  narrowly tailored to serve a compelling public
  health or safety purpose; and
               (2)  limited in duration, applicability, and scope to
  reduce any infringement on individual liberty.
         Sec. 418.009.  STATE COURT JURISDICTION. (a) District and
  appellate courts of this state have jurisdiction to hear cases
  challenging a state or local disaster order, including cases
  challenging compliance with limitations on orders prescribed under
  this chapter and other law, and shall expedite hearings for the
  cases to the extent practicable.
         (b)  A court may invalidate or enjoin a disaster order, or
  the application of a disaster order, that is not narrowly tailored
  to serve a compelling public health or safety purpose because of the
  order's inequality in application to or impact on groups,
  situations, or circumstances.
         SECTION 2.  Section 418.012, Government Code, is amended to
  read as follows:
         Sec. 418.012.  EXECUTIVE ORDERS, PROCLAMATIONS, AND
  REGULATIONS. (a) Under this chapter, the governor may issue,
  amend, or rescind executive orders, proclamations, and regulations
  [and amend or rescind them].
         (b)  Notwithstanding any law authorizing a state or local
  official to issue an order related to a declared state of disaster
  and only to the extent allowed under the United States Constitution
  or Texas Constitution, only the governor may issue an order that
  from the date the order is issued infringes on a protected
  constitutional right in a non-trivial manner, including, but not
  limited to:
               (1)  the rights to travel, work, assemble, and speak;
               (2)  the freedom of religious exercise;
               (3)  the right to contract without state interference;
               (4)  property rights;
               (5)  the freedom from unreasonable searches and
  seizures; and
               (6)  the freedom to purchase lawfully acquired firearms
  and ammunition.
         (c)  An order subject to Subsection (b) expires on the 30th
  day after the date the governor issues the order unless:
               (1)  the governor or the legislature by law terminates
  the order on an earlier date; or
               (2)  the legislature by law extends the order on or
  before the expiration date.
         (d)  If the legislature is not convened in a regular or
  special session, the governor may convene the legislature to
  consider an order subject to Subsection (b). The members of the
  legislature may remotely vote to approve, extend, or terminate the
  order:
               (1)  by an electronic method authorized under the rules
  prescribed by each house of the legislature; or
               (2)  as the lieutenant governor or speaker of the house
  of representatives specifies when the rules do not address an
  electronic voting method.
         (e)  The governor may not issue the same or a substantially
  similar order as an order subject to Subsection (b) that has expired
  unless the governor determines significantly changed circumstances
  require issuance of the similar order for a period not to exceed
  three days or a greater period the legislature by law approves
  [Executive orders, proclamations, and regulations have the force
  and effect of law].
         SECTION 3.  Section 418.014(c), Government Code, is amended
  to read as follows:
         (c)  A state of disaster may not continue for more than 30
  days unless renewed by the legislature by law [governor]. The
  legislature by law may terminate a state of disaster at any time.
  On termination by the legislature, the governor shall issue an
  executive order ending the state of disaster. The governor may not
  declare a new state of disaster based on the same or a substantially
  similar finding as a prior state of disaster that the legislature
  terminated or refused to renew.
         SECTION 4.  Section 418.0155, Government Code, is amended to
  read as follows:
         Sec. 418.0155.  SUSPENSION LIST. (a) The governor's
  office, using existing resources, shall compile and maintain a
  comprehensive list of state agency [regulatory statutes and] rules
  that may require suspension during a disaster.
         (b)  On request by the governor's office, a state agency that
  would be impacted by the suspension of a [statute or] rule on the
  list compiled under Subsection (a) shall review the list for
  accuracy and shall advise the governor's office regarding any
  [statutes or] rules that should be added to the list.
         SECTION 5.  The heading to Section 418.016, Government Code,
  is amended to read as follows:
         Sec. 418.016.  SUSPENSION OF CERTAIN [LAWS AND] RULES.
         SECTION 6.  Sections 418.016(a) and (e), Government Code,
  are amended to read as follows:
         (a)  The governor may suspend [the provisions of any
  regulatory statute prescribing the procedures for conduct of state
  business or] the orders or rules of a state agency if strict
  compliance with the [provisions,] orders[,] or rules would in any
  way prevent, hinder, or delay necessary action in coping with a
  disaster.
         (e)  On request of a political subdivision, the governor may
  waive or suspend a deadline imposed by [a statute or] the orders or
  rules of a state agency on the political subdivision, including a
  deadline relating to a budget or ad valorem tax, if the waiver or
  suspension is reasonably necessary to cope with a disaster.
         SECTION 7.  Section 418.020(c), Government Code, is amended
  to read as follows:
         (c)  Under regulations prescribed by the governor, the
  governor may temporarily suspend or modify for a period of not more
  than 60 days any public health, safety, zoning, intrastate
  transportation, or other [law or] regulation if by proclamation the
  governor considers the suspension or modification essential to
  provide temporary housing or emergency shelter for disaster
  victims.
         SECTION 8.  Section 418.042(c), Government Code, is amended
  to read as follows:
         (c)  All or part of the state emergency management plan may
  be incorporated into regulations of the division or executive
  orders [that have the force and effect of law].
         SECTION 9.  Section 51.408(b), Occupations Code, is amended
  to read as follows:
         (b)  An emergency license issued under this section expires
  on the date indicated by the executive director, but not later than
  the 90th day after the date the license is issued. If the governor
  declares a [an extended] state of disaster that the legislature
  renews under Section 418.014, Government Code, the executive
  director may extend the term of an emergency license to an
  expiration date after the 90th day after the date the license was
  issued.
         SECTION 10.  The changes in law made by this Act apply only
  to an order, proclamation, or regulation issued on or after the
  effective date of this Act.
         SECTION 11.  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, 2023.