Texas House Bill HB5060

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to the governor's power to control the sale, dispensing, transportation, storage, and use of alcoholic beverages, explosives, and combustibles during a declared state of disaster or state of emergency.

Impact

If passed, HB 5060 would significantly alter the landscape of state emergency management laws. The bill specifically outlines scenarios where the governor could implement stringent controls over certain materials and activities that could pose hazards during a disaster. With these new powers, the governor could regulate the movement and storage of potentially dangerous substances, which may mitigate risks to public safety and enhance overall disaster preparedness.

Summary

House Bill 5060 seeks to empower the governor with enhanced authority over the sale, dispensing, transportation, storage, and use of alcoholic beverages, explosives, and combustibles during declared states of disaster or emergency. The legislation proposes amendments to the Government Code to provide clear guidance on the extent of control the governor can exert in these situations. By centralizing authority in the executive branch during emergencies, the bill aims to ensure public safety and streamline response efforts in times of crisis.

Sentiment

The sentiment around HB 5060 appears to be cautiously supportive among legislators who emphasize the importance of quick and decisive action during emergencies. Proponents argue that the bill addresses public safety concerns that arise in times of crisis when local authorities may be overwhelmed. However, there may be underlying apprehensions from those who view the expansion of gubernatorial powers as potential overreach, raising questions about checks and balances during emergency situations.

Contention

Notable points of contention regarding HB 5060 involve the balance between necessary governmental power and the preservation of individual liberties and local governance. Critics may argue that granting the governor excessive control, particularly over alcohol and explosives, could lead to punitive measures that disproportionately affect businesses and individuals in affected areas. Additionally, there could be concerns regarding the lack of clear criteria for when and how such powers would be exercised, potentially leading to arbitrary or inconsistent applications.

Texas Constitutional Statutes Affected

Government Code

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

• Chapter 418. Emergency Management
  • Section: 019