By: Eiland, Gonzales, Flores H.B. No. 1861
(Senate Sponsor - Carona)
(In the Senate - Received from the House April 27, 2009;
May 1, 2009, read first time and referred to Committee on
Jurisprudence; May 15, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 15, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1861 By: Carona
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. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.0035 to read as follows:
Sec. 22.0035. MODIFICATION OR SUSPENSION OF CERTAIN
PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER. (a)
In this section, "disaster" has the meaning assigned by Section
418.004.
(b) Notwithstanding any other statute, the supreme court
may modify or suspend procedures for the conduct of any court
proceeding affected by a disaster during the pendency of a disaster
declared by the governor. An order under this section may not
extend for more than 30 days from the date the order was signed
unless renewed by the supreme court.
(c) If a disaster prevents the supreme court from acting
under Subsection (b), the chief justice of the supreme court may act
on behalf of the supreme court under that subsection.
(d) If a disaster prevents the chief justice from acting
under Subsection (c), the court of criminal appeals may act on
behalf of the supreme court under Subsection (b).
(e) If a disaster prevents the court of criminal appeals
from acting under Subsection (d), the presiding judge of the court
of criminal appeals may act on behalf of the supreme court under
Subsection (b).
SECTION 2. 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 3. 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 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.
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