| 1 | 1 | | By: Frullo H.B. No. 3906 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the declaration of a local state of disaster. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 418.108, Government Code, is amended by |
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| 9 | 9 | | amending Subsections (a) and (c) and by adding Subsections (b-1) |
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| 10 | 10 | | and (d-1) to read as follows: |
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| 11 | 11 | | (a) Except as provided by Subsection (e), the presiding |
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| 12 | 12 | | officer of the governing body of a political subdivision may |
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| 13 | 13 | | declare a local state of disaster if the presiding officer finds a |
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| 14 | 14 | | disaster has occurred or that the occurrence or threat of disaster |
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| 15 | 15 | | is imminent. |
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| 16 | 16 | | (b-1) An order or proclamation declaring, continuing, or |
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| 17 | 17 | | terminating a local state of disaster issued under this section |
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| 18 | 18 | | must include: |
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| 19 | 19 | | (1) a description of the nature of the disaster; |
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| 20 | 20 | | (2) a designation of the area threatened; and |
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| 21 | 21 | | (3) a description of the conditions that have brought |
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| 22 | 22 | | the local state of disaster about or made possible the termination |
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| 23 | 23 | | of the local state of disaster. |
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| 24 | 24 | | (c) An order or proclamation declaring, continuing, or |
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| 25 | 25 | | terminating a local state of disaster shall be given prompt and |
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| 26 | 26 | | general publicity and shall be filed promptly with the city |
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| 27 | 27 | | secretary, the county clerk, or the joint board's official records, |
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| 28 | 28 | | as applicable. If the political subdivision to which the order or |
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| 29 | 29 | | proclamation applies maintains an Internet website, a copy of the |
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| 30 | 30 | | order or proclamation shall also be posted on the political |
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| 31 | 31 | | subdivision's Internet website. |
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| 32 | 32 | | (d-1) In accordance with Section 418.016(e), the presiding |
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| 33 | 33 | | officer of a political subdivision may request the governor to |
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| 34 | 34 | | waive or suspend a deadline imposed by a statute or the orders or |
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| 35 | 35 | | rules of a state agency on the political subdivision, including a |
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| 36 | 36 | | deadline relating to a budget or ad valorem tax, if the waiver or |
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| 37 | 37 | | suspension is reasonably necessary for the political subdivision to |
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| 38 | 38 | | cope with a local disaster declared under this section. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2017. |
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