Texas House Bill HB911

Texas 2023 - 88th Regular

• Filed: 12/8/22

Caption

Relating to the authority of the legislature, courts, the governor, and other state and local officials regarding declared states of disaster.

Impact

If enacted, this bill could significantly shift the balance of power during disaster declarations by limiting the scope and duration of emergency orders issued by the governor and other officials. The new provisions require that any order infringing on constitutional rights must be narrowly tailored and time-bound, potentially preventing overreach during emergencies. This reinforces the need for legislative involvement, as states of disaster cannot exceed 30 days without legislative approval, which could lead to more robust checks on executive power during such times.

Summary

House Bill 911 addresses the authority of various state officials concerning declared states of disaster in Texas. It amends the Government Code, introducing new sections that clarify the roles of state and local officials, placing a greater emphasis on the protection of individual rights during such declarations. The bill specifically states that any nonbinding guidelines or recommendations issued must serve a compelling public health or safety purpose and must be limited in scope to minimize individual rights infringements. Furthermore, the bill aims to determine how executive orders can be issued and challenged in court, stipulating that disaster orders must have clearly defined parameters to safeguard constitutional rights.

Sentiment

The overall sentiment around HB911 appears to be informed by a desire for balance between effective disaster response and the rights of citizens. Supporters of the bill argue that it is essential to prevent governmental overreach and ensure that individual liberties are safeguarded during emergencies. However, there may be concerns raised by some legislators about the potential delays in necessary governmental actions that could arise from the added regulations on executive powers during disasters.

Contention

Notable points of contention surround the scope and effectiveness of the proposed protections for individual rights. Critics may argue that while the bill seeks to enhance rights protection, excessive limitations on executive powers could hinder swift responses needed in the face of disasters. The legislation raises fundamental questions about governance during crises, the trade-offs between public safety and personal rights, and the role of state versus local authority in disaster management.

Texas Constitutional Statutes Affected

Government Code

• Chapter 418. Emergency Management
  • Section: New Section
  • Section: 012
  • Section: 014
  • Section: 0155
  • Section: 016

Occupations Code

• Chapter 51. Texas Department Of Licensing And Regulation
  • Section: New Section