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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 governor and the legislature |
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regarding renewal of certain declared states of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.014, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (c-1), |
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(c-2), and (c-3) to read as follows: |
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(b) Except as provided by Subsection (c) or (c-1), the state |
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of disaster continues until the governor: |
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(1) finds that: |
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(A) the threat or danger has passed; or |
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(B) the disaster has been dealt with to the |
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extent that emergency conditions no longer exist; and |
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(2) terminates the state of disaster by executive |
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order. |
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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 governor, subject to Subsection (c-1). |
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The legislature by law may terminate a state of disaster at any |
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time. On termination by the legislature, the governor shall issue |
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an executive order ending the state of disaster. |
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(c-1) If the governor determines a state of disaster |
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requires renewal for more than 90 days from the date of the initial |
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disaster declaration, the governor may renew the state of disaster |
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only if: |
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(1) the joint disaster oversight committee appointed |
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in accordance with Subsection (c-2) conducts a public hearing on |
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renewal of the state of disaster; |
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(2) the legislature convened in a regular or special |
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session approves the renewal by a law that states the maximum number |
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of days the state of disaster may continue following renewal; and |
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(3) the governor's renewal of the state of disaster |
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expires not later than the date set by the legislature under |
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Subdivision (2). |
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(c-2) The legislature shall appoint a joint disaster |
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oversight committee. The committee consists of the chair and vice |
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chair of: |
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(1) the senate finance committee or its successor; |
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(2) the house appropriations committee or its |
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successor; |
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(3) the senate state affairs committee or its |
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successor; |
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(4) the house state affairs committee or its |
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successor; |
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(5) two additional senate committees selected by the |
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lieutenant governor; and |
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(6) two additional house committees selected by the |
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speaker of the house of representatives. |
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(c-3) The governor may not declare a new state of disaster |
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based on the same or a substantially similar finding as a prior |
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state of disaster described by Subsection (c-1) that the |
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legislature terminates or does not approve for renewal. |
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SECTION 2. The changes in law made by this Act apply only to |
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an executive order or proclamation issued or renewed under Section |
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418.014, Government Code, as amended by this Act, on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |