Texas House Bill HB523

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

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

Impact

The implications of HB 523 are significant as it seeks to balance the enforcement of disaster management with the protection of civil liberties. By requiring that any order infringing on individual rights be narrowly tailored and limited in duration, the bill restrains the governor’s authority to act arbitrarily during emergencies. It also establishes that district courts have the jurisdiction to hear and expedite cases against disaster orders, thus enabling individuals to challenge undue restrictions on their rights more effectively.

Summary

House Bill 523 addresses the structure and limitations of authority granted to various officials, including the governor, during declared states of disaster in Texas. It amends specific sections of the Government Code to provide clearer guidelines on the issuance of executive orders and the protection of individual rights in times of emergency. The bill aims to ensure that any regulations imposed during a declaration of disaster do not excessively infringe upon individual liberties while maintaining effective disaster response capabilities.

Contention

Notable points of contention surrounding HB 523 include discussions about the appropriateness of governmental authority in emergencies. Proponents argue that the bill is necessary to prevent government overreach and to safeguard citizens’ rights during unforeseen events. Critics, on the other hand, may contend that such limitations could hinder an effective response to urgent situations, complicating the ability of officials to protect public health and safety when immediate action is required.

Texas Constitutional Statutes Affected

Government Code

• Chapter 418. Emergency Management
  • Section: New Section
  • Section: 012
  • Section: 014
  • Section: 0155
  • Section: 016
  • Section: 020
  • Section: 042