| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the renewal of a declared state of disaster. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 418.014, Government Code, is amended by |
|
|
amending Subsections (b) and (c) and adding Subsections (c-1), |
|
|
(c-2), and (c-3) to read as follows: |
|
|
(b) Except as provided by Subsection (c) or (c-1), the state |
|
|
of disaster continues until the governor: |
|
|
(1) finds that: |
|
|
(A) the threat or danger has passed; or |
|
|
(B) the disaster has been dealt with to the |
|
|
extent that emergency conditions no longer exist; and |
|
|
(2) terminates the state of disaster by executive |
|
|
order. |
|
|
(c) A state of disaster may not continue for more than 30 |
|
|
days unless renewed by the governor or the legislature in |
|
|
accordance with Subsection (c-1). 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. |
|
|
(c-1) If the legislature is convened in a regular or special |
|
|
session during a state of disaster, only the legislature by law may |
|
|
renew the state of disaster. |
|
|
(c-2) Notwithstanding any other law, a law enacted by the |
|
|
legislature to renew a state of disaster has the same force and |
|
|
effect as an executive order or proclamation the governor issues |
|
|
declaring a state of disaster. A reference in this chapter or other |
|
|
law to an executive order or proclamation declaring a state of |
|
|
disaster applies to a law enacted by the legislature under this |
|
|
section to renew a state of disaster. |
|
|
(c-3) 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 terminates or does not renew |
|
|
in accordance with Subsection (c-1). |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an executive order or proclamation issued or renewed under |
|
|
Section 418.014, Government Code, as amended by this Act, on or |
|
|
after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |