Texas House Bill HB2362

Texas 2023 - 88th Regular

• Filed: 2/15/23

Caption

Relating to the authority of the governor and the legislature with respect to certain declared states of disaster.

Impact

If enacted, HB2362 would significantly impact the current provisions governing state disaster declarations. By mandating that a state of disaster cannot exceed 30 days without legislative renewal, the bill would introduce a new level of checks and balances between the executive and legislative branches. This could potentially lead to more collaborative management of disasters, allowing for rapid adjustments in response to evolving circumstances. Specifically, it reinforces the notion that while the governor holds considerable power in emergencies, the legislature plays a critical role in determining the duration and necessity of that power.

Summary

House Bill 2362 seeks to redefine the authority of the governor and the legislature during declared states of disaster in Texas. Specifically, it amends the Government Code to stipulate that a state of disaster can only last for a maximum of 30 days unless renewed by the governor. However, if the legislature is not in session, the governor has the power to convene it for a special session to address the situation. This proposal aims to enhance legislative oversight during emergencies and ensure timely governmental response to disasters.

Sentiment

The sentiment surrounding HB2362 appears to be generally supportive among legislators who prioritize a more accountable approach to disaster management. Proponents argue that clear legislative limits on the duration of emergency declarations prevent executive overreach and ensure that decisions are made with broader input. However, concerns may arise among those who feel that the quick convening of the legislature could lead to political delays in essential emergency responses, especially in cases where immediate action is required.

Contention

Discussion around HB2362 highlights a fundamental tension between the need for swift executive action during crises and the principles of legislative oversight. Opponents might express concerns that the requirement for legislative approval could hinder rapid responses to urgent disasters, particularly in situations where time is of the essence. On the other hand, advocates see this bill as a necessary safeguard to protect civil liberties and ensure that the government remains accountable, especially during prolonged states of emergency.

Texas Constitutional Statutes Affected

Government Code

• Chapter 418. Emergency Management
  • Section: 014