Texas Senate Bill SB1104

Texas 2023 - 88th Regular

• Filed: 2/22/23
• Out of Senate Committee: 3/23/23
• Voted on by Senate: 3/28/23
• Out of House Committee: 5/19/23

Caption

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

Impact

The proposed legislation seeks to amend the Texas Disaster Act by redefining the roles of the governor and the legislature, particularly regarding the responsiveness to disasters. It establishes a clearer protocol under which a disaster must be addressed, ensuring that the legislature is actively involved in extending any disaster declaration beyond the initial 30-day period. This change is deemed necessary in light of previous natural and public health emergencies, which raised concerns about the governor's broad emergency powers that can affect the daily lives of Texas residents across various regions without local legislative input.

Summary

Senate Bill 1104, introduced by Senator Birdwell, is designed to clarify and consolidate the authority of the state legislature, governor, and local political subdivisions in response to disasters and emergencies. The bill specifically outlines the mechanisms by which disaster declarations can be made, emphasizing that any state of disaster shall not exceed 30 days without legislative approval or action. It asserts that only the legislature can impose restrictions on business operations during a state of emergency, shifting substantial power from the executive branch to a more legislative-focused approach during crises. This legislative oversight aims to prevent unilateral executive actions from undermining public trust and local governance.

Sentiment

There appears to be a generally positive sentiment towards SB1104, especially among those advocating for a more checks-and-balances approach in emergency management. Supporters argue that it promotes accountability and transparency, while also empowering local governments to maintain control over their unique circumstances. However, there are also apprehensions regarding the potential delays in response times for urgent emergencies, as the increased legislative oversight may slow down immediate action that may be required in a disaster situation.

Contention

Notable points of contention revolve around the balance of power between the governor's executive authority and the legislative body's need for control during emergencies. Some legislators and commentators express concerns that requiring legislative permission for emergency measures could hinder timely responses during critical moments, while others argue that it is essential to prevent overreach by the executive branch. Furthermore, there are discussions on how this bill may influence the local versus state regulation dynamic, especially in areas that may require immediate action.

Texas Constitutional Statutes Affected

Government Code

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

• Chapter 433. State Of Emergency
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section