81R21913 CAE-F
By: Eiland, Gonzales H.B. No. 1861
Substitute the following for H.B. No. 1861:
By: Hartnett C.S.H.B. No. 1861
A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of the judiciary in
the event of a disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.093(c), Government Code, is amended
to read as follows:
(c) The rules may provide for:
(1) the selection and authority of a presiding judge
of the courts giving preference to a specified class of cases, such
as civil, criminal, juvenile, or family law cases; [and]
(2) a coordinated response for the transaction of
essential judicial functions in the event of a disaster; and
(3) any other matter necessary to carry out this
chapter or to improve the administration and management of the
court system and its auxiliary services.
SECTION 2. Section 418.002, Government Code, is amended to
read as follows:
Sec. 418.002. PURPOSES. The purposes of this chapter are
to:
(1) reduce vulnerability of people and communities of
this state to damage, injury, and loss of life and property
resulting from natural or man-made catastrophes, riots, or hostile
military or paramilitary action;
(2) prepare for prompt and efficient rescue, care, and
treatment of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and
orderly restoration and rehabilitation of persons and property
affected by disasters;
(4) clarify and strengthen the roles of the governor,
state agencies, the judicial branch of state government, and local
governments in prevention of, preparation for, response to, and
recovery from disasters;
(5) authorize and provide for cooperation in disaster
mitigation, preparedness, response, and recovery;
(6) authorize and provide for coordination of
activities relating to disaster mitigation, preparedness,
response, and recovery by agencies and officers of this state, and
similar state-local, interstate, federal-state, and foreign
activities in which the state and its political subdivisions may
participate;
(7) provide an emergency management system embodying
all aspects of predisaster preparedness and postdisaster response;
(8) assist in mitigation of disasters caused or
aggravated by inadequate planning for and regulation of public and
private facilities and land use; and
(9) provide the authority and mechanism to respond to
an energy emergency.
SECTION 3. Section 418.016, Government Code, is amended to
read as follows:
Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES.
(a) The governor may suspend the provisions of any regulatory
statute prescribing the procedures for conduct of state business or
the orders or rules of a state agency if strict compliance with the
provisions, orders, or rules would in any way prevent, hinder, or
delay necessary action in coping with a disaster.
(b) Notwithstanding any other law, the supreme court, by
rule or order, or on a case-by-case basis, may exercise the court's
inherent authority, with or without the consent of the parties, to
suspend procedures for the conduct of any court proceeding affected
by a disaster. The supreme court may:
(1) provide abatements and stays;
(2) toll limitations;
(3) toll or modify other filings and service
deadlines;
(4) provide for hearings or trials at locations other
than the county of suit;
(5) provide for courts of appeal to accept filings and
hear arguments in remote courthouses; and
(6) provide for alternative notice requirements.
(c) If a disaster prevents the supreme court from acting
under Subsection (b), the court of criminal appeals may act on
behalf of the supreme court. If the disaster prevents both the
supreme court and the court of criminal appeals from acting under
Subsection (b), the chief justice of the supreme court and the
presiding judge of the court of criminal appeals may act on behalf
of the judicial branch of state government.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.