Texas Senate Bill SB1428

Texas 2009 - 81st Regular

Caption

Relating to the power of the Texas Department of Licensing and Regulation to issue emergency orders and temporary and emergency licenses.

Impact

If enacted, SB1428 would significantly enhance the TDLR's ability to act swiftly in emergencies, reducing the time required to address hazardous conditions that pose risks to public safety. The introduction of temporary licenses would allow qualified individuals to operate in regulated fields during crisis situations, aiding in recovery efforts after disasters. The short-term nature of these licenses—expiring within 21 days for temporary licenses and up to 90 days for emergency licenses—ensures that the response measures are both effective and time-sensitive.

Summary

Senate Bill 1428 aims to empower the Texas Department of Licensing and Regulation (TDLR) to issue emergency orders and temporary licenses during times of emergency. The bill introduces new provisions under the Occupations Code that allow the executive director of TDLR to suspend or revoke licenses as necessary to ensure public health and safety. This includes the authority to halt the operation of unsafe facilities or equipment, effectively streamlining TDLR's response in emergency situations.

Contention

There may be concerns surrounding the broad powers granted to the TDLR under this bill, particularly regarding the potential for abuse of authority in issuing emergency orders. Stakeholders might debate the balance between ensuring public safety and the rights of individuals and businesses affected by immediate regulatory changes. The ability to issue licenses rapidly could also spark discussions about qualifications and oversight, particularly if these licenses are distributed to address urgent needs without extensive vetting procedures.