Texas 2025 - 89th Regular

Texas Senate Bill SB871

Filed
1/22/25  
Out of Senate Committee
4/7/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Impact

The proposed legislation amends various sections of the Government Code, particularly regarding the declaration and management of states of disaster. It establishes that a state of disaster can only be extended for 30 days without legislative approval and that the governor must call the legislature into special session to respond to emergencies if the need arises. This change is intended to prevent the executive branch from unilaterally extending disaster situations without legislative oversight and to empower the legislature to play a crucial role in disaster management.

Summary

Senate Bill 871 addresses the authority of the Texas legislature, governor, and certain political subdivisions in the context of disasters and emergencies. It seeks to clarify the roles and responsibilities of state officials during such events and includes provisions aimed at mitigating the impact of disasters, enhancing preparedness, and ensuring effective responses. Notably, the bill stipulates that only the legislature may redefine the operation of businesses during a disaster, a shift from previous practices that allowed the governor more latitude in this area.

Sentiment

The sentiment surrounding SB 871 is mixed; some view it as a necessary measure to enhance accountability and ensure that emergency powers are not abused, while others criticize it for potentially complicating the response to disasters by introducing additional layers of bureaucracy. Supporters argue that it provides essential checks and balances, whereas opponents worry that it may hinder the rapid decision-making needed in urgent situations.

Contention

One of the main points of contention is the balance of power between the legislature and the executive during emergencies. Proponents of SB 871 argue that consolidating authority in the legislature is crucial for transparency and governance, while detractors believe this could delay necessary actions in the face of immediate dangers. There are concerns about how the bill could affect business operations and community responses within the framework of an emergency declaration, particularly in ensuring swift actions are taken when required.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 418. Emergency Management
    • Section: New Section
    • Section: 016
    • Section: New Section
    • Section: 019
    • Section: New Section
    • Section: 0155
    • Section: New Section
    • Section: 014
    • Section: 0155
    • Section: 016
  • Chapter 433. State Of Emergency
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SJR40

Enabling for Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

Previously Filed As

TX SB1104

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX SB1025

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB2654

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HB3

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters, including pandemic disasters, and emergencies.

TX HB5464

Relating to the authority of the governor, and certain political subdivisions with respect to disasters.

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