Texas 2021 - 87th Regular

Texas House Bill HB2196 Compare Versions

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

Old	New	Differences
1	1	87R6658 YDB-D
2	2	By: Schaefer H.B. No. 2196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state emergency management during a state of disaster.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 418.004(1), Government Code, is amended
10	10	to read as follows:
11	11	(1) "Disaster" means the occurrence or imminent threat
12	12	of widespread or severe damage, injury, or loss of life or property
13	13	resulting from any natural or man-made cause, including fire,
14	14	flood, earthquake, wind, storm, wave action, oil spill or other
15	15	water contamination, volcanic activity, epidemic, air
16	16	contamination, blight, drought, infestation, explosion, riot,
17	17	hostile military or paramilitary action, extreme heat,
18	18	cybersecurity event, [other public calamity requiring emergency
19	19	action,] or energy emergency.
20	20	SECTION 2. Section 418.012, Government Code, is amended to
21	21	read as follows:
22	22	Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the
23	23	governor may, subject to Section 418.016(a), issue executive
24	24	orders, proclamations, and regulations and amend or rescind them.
25	25	[Executive orders, proclamations, and regulations have the force
26	26	and effect of law.]
27	27	SECTION 3. Section 418.0155, Government Code, is amended to
28	28	read as follows:
29	29	Sec. 418.0155. SUSPENSION LIST. (a) The governor's
30	30	office, using existing resources, shall compile and maintain a
31	31	comprehensive list of state agency [regulatory statutes and] rules
32	32	that may require suspension during a disaster.
33	33	(b) On request by the governor's office, a state agency that
34	34	would be impacted by the suspension of a [statute or] rule on the
35	35	list compiled under Subsection (a) shall review the list for
36	36	accuracy and shall advise the governor's office regarding any
37	37	[statutes or] rules that should be added to the list.
38	38	SECTION 4. The heading to Section 418.016, Government Code,
39	39	is amended to read as follows:
40	40	Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES AND
41	41	REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS.
42	42	SECTION 5. Section 418.016, Government Code, is amended by
43	43	amending Subsections (a) and (e) and adding Subsection (a-1) to
44	44	read as follows:
45	45	(a) The governor may not suspend a state agency order or
46	46	rule except as specifically authorized by this chapter. The
47	47	governor may suspend [the provisions of any regulatory statute
48	48	prescribing the procedures for conduct of state business or] the
49	49	orders or rules of a state agency if strict compliance with the
50	50	[provisions,] orders[,] or rules would in any way prevent, hinder,
51	51	or delay necessary action or prompt response in coping with a
52	52	disaster.
53	53	(a-1) During a state of disaster declared by the governor
54	54	and notwithstanding any other law, the contracting requirements in
55	55	Subtitle D, Title 10, that inhibit or prevent prompt response to a
56	56	disaster do not apply to a state agency in contracting for goods or
57	57	services related to the declared state of disaster.
58	58	(e) On request of a political subdivision, the governor may
59	59	waive or suspend a deadline imposed by [a statute or] the orders or
60	60	rules of a state agency on the political subdivision, including a
61	61	deadline relating to a budget or ad valorem tax, if the waiver or
62	62	suspension is reasonably necessary to cope with a disaster.
63	63	SECTION 6. Section 418.020(c), Government Code, is amended
64	64	to read as follows:
65	65	(c) Under regulations prescribed by the governor, the
66	66	governor may temporarily suspend or modify for a period of not more
67	67	than 60 days any public health, safety, zoning, intrastate
68	68	transportation, or other [law or] regulation if by proclamation the
69	69	governor considers the suspension or modification essential to
70	70	provide temporary housing or emergency shelter for disaster
71	71	victims.
72	72	SECTION 7. Section 418.042(c), Government Code, is amended
73	73	to read as follows:
74	74	(c) All or part of the state emergency management plan may
75	75	be incorporated into regulations of the division or executive
76	76	orders [that have the force and effect of law].
77	77	SECTION 8. Section 22.001(1), Labor Code, is amended to
78	78	read as follows:
79	79	(1) "Disaster" means the occurrence or imminent threat
80	80	of widespread or severe damage, injury, or loss of life or property
81	81	that results from a natural or man-made cause, including fire,
82	82	flood, earthquake, wind, storm, wave action, oil spill or other
83	83	water contamination, volcanic activity, epidemic, air
84	84	contamination, blight, drought, infestation, explosion, riot,
85	85	hostile military or paramilitary action, [or other public calamity
86	86	requiring emergency action,] or an energy emergency.
87	87	SECTION 9. The following provisions are repealed:
88	88	(1) Section 418.019, Government Code; and
89	89	(2) Section 207.0212, Labor Code.
90	90	SECTION 10. On the effective date of this Act, any law that
91	91	is suspended under Chapter 418, Government Code, or Section
92	92	207.0212, Labor Code, as those laws existed immediately before the
93	93	effective date of this Act, is reinstated.
94	94	SECTION 11. The changes in law made by this Act apply only
95	95	to an order, proclamation, or regulation issued on or after the
96	96	effective date of this Act.
97	97	SECTION 12. This Act takes effect immediately if it
98	98	receives a vote of two-thirds of all the members elected to each
99	99	house, as provided by Section 39, Article III, Texas Constitution.
100	100	If this Act does not receive the vote necessary for immediate
101	101	effect, this Act takes effect September 1, 2021.