Texas 2021 - 87th Regular

Texas House Bill HB1406 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5789 YDB-D
2	2	By: Schaefer H.B. No. 1406
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to judicial review of certain orders regarding a declared
8	8	state of disaster or public health disaster or issued to prevent the
9	9	spread of a communicable disease.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 418, Government Code, is
12	12	amended by adding Section 418.007 to read as follows:
13	13	Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
14	14	person has standing to file suit in a court of this state to
15	15	challenge a provision of an order issued by the governor or the
16	16	presiding officer of the governing body of a political subdivision
17	17	that relates to a declared state of disaster if the provision in the
18	18	order is alleged to cause injury to the person or burden a right of
19	19	the person that is protected by the state or federal constitution or
20	20	by a state or federal law.
21	21	(b) The issuer of the order has the burden of proving the
22	22	challenged provision in the order:
23	23	(1) mitigates a threat to the public caused by the
24	24	disaster; and
25	25	(2) is the least restrictive means of mitigating the
26	26	threat.
27	27	(c) The court shall enter a judgment invalidating the
28	28	challenged provision in the order if the court finds the issuer of
29	29	the order has not satisfied the burden imposed under Subsection
30	30	(b).
31	31	SECTION 2. Subchapter A, Chapter 81, Health and Safety
32	32	Code, is amended by adding Section 81.016 to read as follows:
33	33	Sec. 81.016. JUDICIAL REVIEW OF PUBLIC HEALTH DISASTER
34	34	ORDER OR CONTROL MEASURE ORDER. (a) A person has standing to file
35	35	suit in a court of this state to challenge a provision of an order
36	36	issued by the governor, the commissioner, the department, or a
37	37	health authority that relates to a declared public health disaster
38	38	or is imposed as a control measure to prevent the spread of a
39	39	communicable disease if the provision in the order is alleged to
40	40	cause injury to the person or burden a right of the person that is
41	41	protected by the state or federal constitution or by a state or
42	42	federal law.
43	43	(b) The issuer of the order has the burden of proving the
44	44	challenged provision in the order:
45	45	(1) mitigates a threat to the public caused by the
46	46	public health disaster or a communicable disease; and
47	47	(2) is the least restrictive means of mitigating the
48	48	threat.
49	49	(c) The court shall enter a judgment invalidating the
50	50	challenged provision in the order if the court finds the issuer of
51	51	the order has not satisfied the burden imposed under Subsection
52	52	(b).
53	53	SECTION 3. Section 418.007, Government Code, as added by
54	54	this Act, and Section 81.016, Health and Safety Code, as added by
55	55	this Act, apply only to an order issued on or after the effective
56	56	date of this Act. An order issued before the effective date of this
57	57	Act is governed by the law in effect immediately before that date
58	58	and that law is continued in effect for that purpose.
59	59	SECTION 4. This Act takes effect September 1, 2021.