87R6658 YDB-D
By: Schaefer H.B. No. 2196
A BILL TO BE ENTITLED
AN ACT
relating to state emergency management during a state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.004(1), Government Code, is amended
to read as follows:
(1) "Disaster" means the occurrence or imminent threat
of widespread or severe damage, injury, or loss of life or property
resulting from any natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other
water contamination, volcanic activity, epidemic, air
contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, extreme heat,
cybersecurity event, [other public calamity requiring emergency
action,] or energy emergency.
SECTION 2. Section 418.012, Government Code, is amended to
read as follows:
Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the
governor may, subject to Section 418.016(a), issue executive
orders, proclamations, and regulations and amend or rescind them.
[Executive orders, proclamations, and regulations have the force
and effect of law.]
SECTION 3. Section 418.0155, Government Code, is amended to
read as follows:
Sec. 418.0155. SUSPENSION LIST. (a) The governor's
office, using existing resources, shall compile and maintain a
comprehensive list of state agency [regulatory statutes and] rules
that may require suspension during a disaster.
(b) On request by the governor's office, a state agency that
would be impacted by the suspension of a [statute or] rule on the
list compiled under Subsection (a) shall review the list for
accuracy and shall advise the governor's office regarding any
[statutes or] rules that should be added to the list.
SECTION 4. The heading to Section 418.016, Government Code,
is amended to read as follows:
Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES AND
REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS.
SECTION 5. Section 418.016, Government Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-1) to
read as follows:
(a) The governor may not suspend a state agency order or
rule except as specifically authorized by this chapter. The
governor may suspend [the provisions of any regulatory statute
prescribing the procedures for conduct of state business or] the
orders or rules of a state agency if strict compliance with the
[provisions,] orders[,] or rules would in any way prevent, hinder,
or delay necessary action or prompt response in coping with a
disaster.
(a-1) During a state of disaster declared by the governor
and notwithstanding any other law, the contracting requirements in
Subtitle D, Title 10, that inhibit or prevent prompt response to a
disaster do not apply to a state agency in contracting for goods or
services related to the declared state of disaster.
(e) On request of a political subdivision, the governor may
waive or suspend a deadline imposed by [a statute or] the orders or
rules of a state agency on the political subdivision, including a
deadline relating to a budget or ad valorem tax, if the waiver or
suspension is reasonably necessary to cope with a disaster.
SECTION 6. Section 418.020(c), Government Code, is amended
to read as follows:
(c) Under regulations prescribed by the governor, the
governor may temporarily suspend or modify for a period of not more
than 60 days any public health, safety, zoning, intrastate
transportation, or other [law or] regulation if by proclamation the
governor considers the suspension or modification essential to
provide temporary housing or emergency shelter for disaster
victims.
SECTION 7. Section 418.042(c), Government Code, is amended
to read as follows:
(c) All or part of the state emergency management plan may
be incorporated into regulations of the division or executive
orders [that have the force and effect of law].
SECTION 8. Section 22.001(1), Labor Code, is amended to
read as follows:
(1) "Disaster" means the occurrence or imminent threat
of widespread or severe damage, injury, or loss of life or property
that results from a natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other
water contamination, volcanic activity, epidemic, air
contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, [or other public calamity
requiring emergency action,] or an energy emergency.
SECTION 9. The following provisions are repealed:
(1) Section 418.019, Government Code; and
(2) Section 207.0212, Labor Code.
SECTION 10. On the effective date of this Act, any law that
is suspended under Chapter 418, Government Code, or Section
207.0212, Labor Code, as those laws existed immediately before the
effective date of this Act, is reinstated.
SECTION 11. The changes in law made by this Act apply only
to an order, proclamation, or regulation issued on or after the
effective date of this Act.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.