| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the declaration of a local state of disaster. |
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| 8 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 8 | | SECTION 1. Section 418.108, Government Code, is amended by |
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| 10 | 9 | | amending Subsections (a) and (c) and adding Subsections (b-1) and |
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| 11 | 10 | | (d-1) to read as follows: |
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| 12 | 11 | | (a) Except as provided by Subsection (e), the presiding |
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| 13 | 12 | | officer of the governing body of a political subdivision may |
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| 14 | 13 | | declare a local state of disaster if the presiding officer finds a |
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| 15 | 14 | | disaster has occurred or that the occurrence or threat of disaster |
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| 16 | 15 | | is imminent. |
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| 17 | 16 | | (b-1) An order or proclamation declaring, continuing, or |
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| 18 | 17 | | terminating a local state of disaster must include: |
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| 19 | 18 | | (1) a description of the nature of the disaster; |
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| 20 | 19 | | (2) a designation of the area threatened; and |
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| 21 | 20 | | (3) a description of the conditions that have brought |
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| 22 | 21 | | the local state of disaster about or made possible the termination |
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| 23 | 22 | | of the local state of disaster. |
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| 24 | 23 | | (c) An order or proclamation issued under this section |
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| 25 | 24 | | [declaring, continuing, or terminating a local state of disaster] |
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| 26 | 25 | | shall be given prompt and general publicity and shall be filed |
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| 27 | 26 | | promptly with the city secretary, the county clerk, or the joint |
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| 28 | 27 | | board's official records, as applicable. If a political |
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| 29 | 28 | | subdivision to which the order or proclamation applies maintains an |
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| 30 | 29 | | Internet website, the political subdivision shall post a copy of |
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| 31 | 30 | | the order on the political subdivision's Internet website. |
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| 32 | 31 | | (d-1) On request of the presiding officer of the governing |
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| 33 | 32 | | body of a political subdivision, the governor may waive or suspend a |
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| 34 | 33 | | deadline imposed by a statute or the orders or rules of a state |
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| 35 | 34 | | agency on the political subdivision, including a deadline relating |
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| 36 | 35 | | to a budget or ad valorem tax, if the waiver or suspension is |
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| 37 | 36 | | reasonably necessary for the political subdivision to cope with a |
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| 38 | 37 | | local state of disaster declared under this section. |
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| 39 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 42 | | Act takes effect September 1, 2017. |
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