Texas House Bill HB4068

Texas 2009 - 81st Regular

• Out of House Committee: 4/20/09
• Voted on by House: 5/6/09
• Out of Senate Committee: 5/21/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Vetoed: 6/19/09

Caption

Relating to the conduct of judicial proceedings and transaction of other essential judicial functions in the event of a disaster.

Impact

The enactment of HB 4068 is poised to enhance the resilience of the judicial system in Texas during emergencies. The bill outlines processes for the suspension of typical legal procedures that could impede rapid governmental and judicial responses to catastrophic events. For instance, it allows for the judicial branch to modify timelines and conduct hearings in alternative locations, which is crucial in maintaining justice during a crisis. This legislative change seeks to reduce the vulnerability of the court system to disturbances, thus preserving the rule of law.

Summary

House Bill 4068 aims to establish improved procedures for the coordinated response of the judicial system in Texas during disasters. By amending various sections within the Government Code, the bill empowers the governor and state judicial authorities to suspend certain procedural laws and establish protocols for efficiently managing essential judicial functions amidst emergencies. The intended outcome is to ensure that judicial processes remain operational and effective, even when confronting significant disruptions due to natural or man-made disasters.

Contention

Notably, there may be concerns regarding the implications of suspending procedural laws during disasters. Critics could argue that such powers, if misapplied, might jeopardize the rights of individuals and dilute procedural safeguards typically upheld in judicial proceedings. Ensuring accountability and transparency when exercising these powers may become a point of contention among legislators and civil rights advocates. Balancing the urgency of disaster response with the need to protect due process could be a challenging aspect of the bill's implementation.