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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the legislature, courts, the governor, |
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and other state and local officials regarding declared states 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. Subchapter A, Chapter 418, Government Code, is |
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amended by adding Sections 418.007, 418.008, and 418.009 to read as |
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follows: |
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Sec. 418.007. RECOMMENDATIONS, GUIDELINES, AND |
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COORDINATION. A state or local official may issue recommendations |
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and nonbinding guidelines to assist with a state of disaster |
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declared under this chapter and may coordinate public and private |
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resources to prevent or respond to the disaster. |
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Sec. 418.008. PROTECTION OF RIGHTS. Notwithstanding any |
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other law, an order issued by the governor or a state or local |
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official under this chapter that regulates and infringes on the |
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rights of any private person must be: |
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(1) narrowly tailored to serve a compelling public |
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health or safety purpose; and |
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(2) limited in duration, applicability, and scope to |
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reduce any infringement on individual liberty. |
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Sec. 418.009. STATE COURT JURISDICTION. (a) District and |
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appellate courts of this state have jurisdiction to hear cases |
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challenging a state or local disaster order, including cases |
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challenging compliance with limitations on orders prescribed under |
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this chapter and other law, and shall expedite hearings for the |
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cases to the extent practicable. |
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(b) A court may invalidate or enjoin a disaster order, or |
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the application of a disaster order, that is not narrowly tailored |
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to serve a compelling public health or safety purpose because of the |
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order's inequality in application to or impact on groups, |
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situations, or circumstances. |
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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, PROCLAMATIONS, AND |
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REGULATIONS. (a) Under this chapter, the governor may issue, |
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amend, or rescind executive orders, proclamations, and regulations |
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[and amend or rescind them]. |
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(b) Notwithstanding any law authorizing a state or local |
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official to issue an order related to a declared state of disaster |
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and only to the extent allowed under the United States Constitution |
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or Texas Constitution, only the governor may issue an order that |
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from the date the order is issued infringes on a protected |
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constitutional right in a non-trivial manner, including, but not |
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limited to: |
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(1) the rights to travel, work, assemble, and speak; |
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(2) the freedom of religious exercise; |
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(3) the right to contract without state interference; |
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(4) property rights; |
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(5) the freedom from unreasonable searches and |
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seizures; and |
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(6) the freedom to purchase lawfully acquired firearms |
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and ammunition. |
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(c) An order subject to Subsection (b) expires on the 30th |
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day after the date the governor issues the order unless: |
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(1) the governor or the legislature by law terminates |
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the order on an earlier date; or |
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(2) the legislature by law extends the order on or |
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before the expiration date. |
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(d) If the legislature is not convened in a regular or |
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special session, the governor may convene the legislature to |
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consider an order subject to Subsection (b). The members of the |
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legislature may remotely vote to approve, extend, or terminate the |
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order: |
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(1) by an electronic method authorized under the rules |
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prescribed by each house of the legislature; or |
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(2) as the lieutenant governor or speaker of the house |
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of representatives specifies when the rules do not address an |
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electronic voting method. |
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(e) The governor may not issue the same or a substantially |
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similar order as an order subject to Subsection (b) that has expired |
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unless the governor determines significantly changed circumstances |
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require issuance of the similar order for a period not to exceed |
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three days or a greater period the legislature by law approves |
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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 418.014(c), Government Code, is amended |
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to read as follows: |
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(c) A state of disaster may not continue for more than 30 |
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days unless renewed by the legislature by law [governor]. The |
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legislature by law may terminate a state of disaster at any time. |
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On termination by the legislature, the governor shall issue an |
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executive order ending the state of disaster. The governor may not |
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declare a new state of disaster based on the same or a substantially |
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similar finding as a prior state of disaster that the legislature |
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terminated or refused to renew. |
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SECTION 4. 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 5. 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. |
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SECTION 6. Sections 418.016(a) and (e), Government Code, |
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are amended to read as follows: |
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(a) The governor may suspend [the provisions of any |
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regulatory statute prescribing the procedures for conduct of state |
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business or] the orders or rules of a state agency if strict |
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compliance with the [provisions,] orders[,] or rules would in any |
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way prevent, hinder, or delay necessary action in coping with a |
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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 7. 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 8. 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 9. Section 51.408(b), Occupations Code, is amended |
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to read as follows: |
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(b) An emergency license issued under this section expires |
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on the date indicated by the executive director, but not later than |
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the 90th day after the date the license is issued. If the governor |
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declares a [an extended] state of disaster that the legislature |
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renews under Section 418.014, Government Code, the executive |
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director may extend the term of an emergency license to an |
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expiration date after the 90th day after the date the license was |
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issued. |
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SECTION 10. 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 11. 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, 2023. |