87R5789 YDB-D
By: Schaefer H.B. No. 1406
A BILL TO BE ENTITLED
AN ACT
relating to judicial review of certain orders regarding a declared
state of disaster or public health disaster or issued to prevent the
spread of a communicable disease.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 418, Government Code, is
amended by adding Section 418.007 to read as follows:
Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
person has standing to file suit in a court of this state to
challenge a provision of an order issued by the governor or the
presiding officer of the governing body of a political subdivision
that relates to a declared state of disaster if the provision in the
order is alleged to cause injury to the person or burden a right of
the person that is protected by the state or federal constitution or
by a state or federal law.
(b) The issuer of the order has the burden of proving the
challenged provision in the order:
(1) mitigates a threat to the public caused by the
disaster; and
(2) is the least restrictive means of mitigating the
threat.
(c) The court shall enter a judgment invalidating the
challenged provision in the order if the court finds the issuer of
the order has not satisfied the burden imposed under Subsection
(b).
SECTION 2. Subchapter A, Chapter 81, Health and Safety
Code, is amended by adding Section 81.016 to read as follows:
Sec. 81.016. JUDICIAL REVIEW OF PUBLIC HEALTH DISASTER
ORDER OR CONTROL MEASURE ORDER. (a) A person has standing to file
suit in a court of this state to challenge a provision of an order
issued by the governor, the commissioner, the department, or a
health authority that relates to a declared public health disaster
or is imposed as a control measure to prevent the spread of a
communicable disease if the provision in the order is alleged to
cause injury to the person or burden a right of the person that is
protected by the state or federal constitution or by a state or
federal law.
(b) The issuer of the order has the burden of proving the
challenged provision in the order:
(1) mitigates a threat to the public caused by the
public health disaster or a communicable disease; and
(2) is the least restrictive means of mitigating the
threat.
(c) The court shall enter a judgment invalidating the
challenged provision in the order if the court finds the issuer of
the order has not satisfied the burden imposed under Subsection
(b).
SECTION 3. Section 418.007, Government Code, as added by
this Act, and Section 81.016, Health and Safety Code, as added by
this Act, apply only to an order issued on or after the effective
date of this Act. An order issued before the effective date of this
Act is governed by the law in effect immediately before that date
and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.