Texas Senate Bill SB97

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to the scope and publication of certain actions by the governor during a state of disaster.

Impact

The enactment of SB97 would aim to tighten the governor's executive powers during disaster situations by ensuring that orders and proclamations are narrowly tailored to address only the specific emergencies at hand. This could prevent the overreach of executive authority and ensure that the actions taken are proportional and relevant to the circumstances. Moreover, the provision for regular publication of these actions may foster greater accountability and enable the public and lawmakers to stay informed about the executive decisions being made during emergencies.

Summary

Senate Bill 97 seeks to amend the Government Code of Texas concerning the scope and public disclosure of executive actions taken by the governor during a state of disaster. The bill specifically mandates that the governor must limit executive orders and proclamations to only the essential conditions associated with the declared disaster. Furthermore, it requires the weekly publication of these executive actions on the governor's official website in a chronological manner, thus enhancing transparency and public access to information regarding disaster management procedures.

Sentiment

The sentiments surrounding SB97 appear to favor increased oversight of the governor's actions during disasters. Supporters of the bill argue that such measures are necessary to prevent abuse of power and to uphold democratic principles by making the government's operation more transparent. However, there may also be concerns among some legislators regarding the potential slowing down of emergency response processes if the executive actions are overly scrutinized and detailed public disclosures are mandated.

Contention

Notable points of contention may arise regarding the balance between necessary rapid decision-making during disasters and the transparency mandates of SB97. Critics might argue that strict limitations on executive orders and the requirement for frequent disclosures could hamper the ability of the government to react swiftly in critical situations. Conversely, proponents of the bill assert that more structured oversight could prevent hasty decisions that could lead to more significant issues post-disaster.

Texas Constitutional Statutes Affected

Government Code

• Chapter 418. Emergency Management
  • Section: 012
  • Section: 057