Texas House Bill HB3851

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09
• Voted on by House: 4/28/09
• Out of Senate Committee: 5/18/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/31/09
• Passed: 6/19/09

Caption

Relating to the authority of the governor or a political subdivision to suspend statutory or local deadlines during a disaster.

Impact

Should HB 3851 pass, it will directly impact the Government Code by introducing a new section that clarifies how statutory deadlines can be suspended. The bill stipulates that such a suspension can only be enacted if the area is under a disaster declaration by the president or the governor and upon the proclamation of the political subdivision's presiding officer. This creates a formal procedure for local governments to follow, offering them leeway during critical periods when immediate compliance with statutory requirements may be impractical.

Summary

House Bill 3851 seeks to empower political subdivisions in Texas by allowing them to suspend statutory deadlines during declared disasters. This bill is particularly relevant for local governments that may be overwhelmed by the demands of responding to a disaster, providing them the flexibility to postpone deadlines for budgets and ad valorem taxes. The legislation recognizes the challenges faced by local authorities in managing their operations effectively during such crises and aims to alleviate some of the pressures stemming from statutory obligations.

Contention

While the bill is aimed at assisting local governments, it may also spark discussions regarding the balance of power between state and local authorities during emergencies. On one hand, supporters may argue that this measure reinforces local governance by allowing municipal leaders the discretion to prioritize disaster response over compliance with deadlines. On the other hand, some might raise concerns about transparency and accountability, worrying that the suspension of deadlines could lead to lapses in fiscal oversight and governance standards during critical times of need.