Texas 2021 - 87th Regular

Texas House Bill HB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Burrows (Senate Sponsor - Birdwell) H.B. No. 3
2		-	(In the Senate - Received from the House May 12, 2021;
3		-	May 13, 2021, read first time and referred to Committee on State
4		-	Affairs; May 24, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	May 24, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3 By: Birdwell
	1	+	By: Burrows H.B. No. 3
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13		-	relating to the authority of the legislature, governor, and certain
14		-	political subdivisions with respect to disasters, including
15		-	pandemic disasters, and emergencies.
	6	+	relating to state and local government responses to a pandemic
	7	+	disaster, including the establishment of the Pandemic Disaster
	8	+	Legislative Oversight Committee, and to in-person hospital
	9	+	visitation during a disaster.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17		-	SECTION 1. Section ~~418~~.~~002~~, ~~Government~~ Code, is amended to
	11	+	SECTION 1. Section 61.003(6), Education Code, is amended to
18	12		read as follows:
19		-	Sec. 418.002. PURPOSES. The purposes of this chapter are
	13	+	(6) "Other agency of higher education" means The
	14	+	University of Texas System, System Administration; The University
	15	+	of Texas at El Paso Museum; Texas Epidemic Public Health Institute
	16	+	at The University of Texas Health Science Center at Houston; The
	17	+	Texas A&M University System, Administrative and General Offices;
	18	+	Texas A&M AgriLife Research; Texas A&M AgriLife Extension Service;
	19	+	Rodent and Predatory Animal Control Service (a part of the Texas A&M
	20	+	AgriLife Extension Service); Texas A&M Engineering Experiment
	21	+	Station (including the Texas A&M Transportation Institute); Texas
	22	+	A&M Engineering Extension Service; Texas A&M Forest Service; Texas
	23	+	Division of Emergency Management; Texas Tech University Museum;
	24	+	Texas State University System, System Administration; Sam Houston
	25	+	Memorial Museum; Panhandle-Plains Historical Museum; Cotton
	26	+	Research Committee of Texas; Texas Water Resources Institute; Texas
	27	+	A&M Veterinary Medical Diagnostic Laboratory; and any other unit,
	28	+	division, institution, or agency which shall be so designated by
	29	+	statute or which may be established to operate as a component part
	30	+	of any public senior college or university, or which may be so
	31	+	classified as provided in this chapter.
	32	+	SECTION 2. Chapter 75, Education Code, is amended by adding
	33	+	Subchapter D to read as follows:
	34	+	SUBCHAPTER D. TEXAS EPIDEMIC PUBLIC HEALTH INSTITUTE
	35	+	Sec. 75.301. DEFINITIONS. In this subchapter:
	36	+	(1) "Board" means the board of regents of The
	37	+	University of Texas System.
	38	+	(2) "Health science center" means The University of
	39	+	Texas Health Science Center at Houston.
	40	+	(3) "Institute" means the Texas Epidemic Public Health
	41	+	Institute.
	42	+	Sec. 75.302. ESTABLISHMENT. The board shall establish and
	43	+	maintain the Texas Epidemic Public Health Institute at the health
	44	+	science center.
	45	+	Sec. 75.303. ROLE AND SCOPE. The institute shall establish
	46	+	and maintain a public health reserve network of public health
	47	+	professionals, community health workers, state and local public
	48	+	health agencies, health care organizations, universities
	49	+	throughout the state, and other relevant entities and persons for
	50	+	the purpose of coordinating efforts to:
	51	+	(1) protect public health in this state;
	52	+	(2) support pandemic and epidemic disaster
	53	+	preparedness and response components of the state emergency
	54	+	management plan required by Section 418.042, Government Code; and
	55	+	(3) advise and make recommendations to the Pandemic
	56	+	Disaster Legislative Oversight Committee established under Chapter
	57	+	329, Government Code.
	58	+	Sec. 75.304. ADMINISTRATION. (a) The administration of
	59	+	the institute is under the direction of the chancellor of The
	60	+	University of Texas System and the board through the president of
	61	+	the health science center.
	62	+	(b) The Department of State Health Services shall provide
	63	+	the institute with access to relevant and timely data necessary for
	64	+	the institute to perform its duties.
	65	+	Sec. 75.305. GIFTS, GRANTS, AND DONATIONS. The institute
	66	+	may accept gifts, grants, and donations from any source for the
	67	+	purposes of the institute.
	68	+	Sec. 75.306. INDEPENDENT FINANCIAL AUDIT FOR REVIEW BY
	69	+	COMPTROLLER. (a) The institute biennially shall commission an
	70	+	independent financial audit of its activities from a certified
	71	+	public accounting firm. The institute shall provide the audit to
	72	+	the comptroller.
	73	+	(b) The comptroller shall review and evaluate the audit and
	74	+	biennially issue a public report of that review.
	75	+	Sec. 75.307. APPROPRIATION CONTINGENCY. The board is
	76	+	required to implement a provision of this subchapter only if the
	77	+	legislature appropriates money specifically for that purpose. If
	78	+	the legislature does not appropriate money specifically for that
	79	+	purpose, the board may, but is not required to, implement the
	80	+	provision using other money available to the board for that
	81	+	purpose.
	82	+	SECTION 3. Subtitle C, Title 3, Government Code, is amended
	83	+	by adding Chapter 329 to read as follows:
	84	+	CHAPTER 329. PANDEMIC DISASTER LEGISLATIVE OVERSIGHT COMMITTEE
	85	+	Sec. 329.001. DEFINITIONS. In this chapter:
	86	+	(1) "Committee" means the Pandemic Disaster
	87	+	Legislative Oversight Committee.
	88	+	(2) "Pandemic disaster" has the meaning assigned by
	89	+	Section 418A.003(2).
	90	+	Sec. 329.002. ESTABLISHMENT; COMPOSITION. (a) The Pandemic
	91	+	Disaster Legislative Oversight Committee is established to:
	92	+	(1) consider the impact on this state and its
	93	+	residents of a state of pandemic disaster declared by the governor;
	94	+	and
	95	+	(2) provide legislative oversight of pandemic
	96	+	disaster declarations.
	97	+	(b) The committee is composed of 16 members as follows:
	98	+	(1) the lieutenant governor;
	99	+	(2) the speaker of the house of representatives;
	100	+	(3) the chair of the Senate Committee on Finance or its
	101	+	successor;
	102	+	(4) the chair of the Senate Committee on State Affairs
	103	+	or its successor;
	104	+	(5) the chair of the Senate Committee on Health and
	105	+	Human Services or its successor;
	106	+	(6) the chair of the Senate Committee on Education or
	107	+	its successor;
	108	+	(7) the chair of the House Committee on Appropriations
	109	+	or its successor;
	110	+	(8) the chair of the House Committee on State Affairs
	111	+	or its successor;
	112	+	(9) the chair of the House Committee on Public Health
	113	+	or its successor;
	114	+	(10) the chair of the House Committee on Public
	115	+	Education or its successor;
	116	+	(11) two additional members appointed by the
	117	+	lieutenant governor and two additional members appointed by the
	118	+	speaker of the house to ensure ethnic minority representation on
	119	+	the committee from the respective ethnic communities;
	120	+	(12) the chair of the House Committee on Criminal
	121	+	Jurisprudence or its successor; and
	122	+	(13) the chair of the Senate Committee on Criminal
	123	+	Justice or its successor.
	124	+	(c) Notwithstanding Subsection (b), any member of the
	125	+	senate or house of representatives may submit a written request to
	126	+	the joint chairs of the committee to participate in the committee's
	127	+	proceedings to the extent practical. When participation is not
	128	+	practical, the joint chairs of the committee must establish
	129	+	procedures for requesting members to audit proceedings and must
	130	+	provide to requesting members updates on committee proceedings.
	131	+	Sec. 329.003. JOINT CHAIRS. The lieutenant governor and
	132	+	speaker of the house of representatives serve as joint chairs of the
	133	+	committee.
	134	+	Sec. 329.004. POWERS AND DUTIES. (a) The committee may act
	135	+	only when the legislature is not convened in regular or special
	136	+	session.
	137	+	(b) The committee is authorized to:
	138	+	(1) review any state of pandemic disaster declaration
	139	+	issued by the governor under Chapter 418A that is in effect for more
	140	+	than 30 days following the governor's renewal of the declaration
	141	+	under that chapter;
	142	+	(2) review proclamations, orders, or rules issued or
	143	+	adopted by the governor and any orders issued by a county or
	144	+	municipality for the pandemic disaster declaration; and
	145	+	(3) terminate in accordance with Section 418A.055:
	146	+	(A) the state of pandemic disaster; or
	147	+	(B) provisions of proclamations, orders, or
	148	+	rules issued or adopted by the governor or orders issued by a county
	149	+	or municipality for the pandemic disaster declaration.
	150	+	(c) Except as otherwise provided by this chapter, the
	151	+	committee has all other powers and duties provided to a special
	152	+	committee by:
	153	+	(1) Subchapter B, Chapter 301;
	154	+	(2) the rules of the senate and house of
	155	+	representatives; and
	156	+	(3) policies of the senate and house committees on
	157	+	administration.
	158	+	Sec. 329.005. MEETINGS; QUORUM. (a) The committee shall
	159	+	meet at the call of the joint chairs.
	160	+	(b) The joint chairs shall convene the committee on or as
	161	+	soon as practicable after the date a state of pandemic disaster is
	162	+	first renewed by the governor under Chapter 418A unless the
	163	+	legislature is convened in regular or special session.
	164	+	(c) A majority of the members of the committee from each
	165	+	house constitutes a quorum to transact business. Termination of a
	166	+	state of pandemic disaster may only be ordered by a majority of the
	167	+	committee's membership. If a quorum is present, the committee may
	168	+	act on any other matter within its jurisdiction by a majority vote.
	169	+	(d) Notice of a meeting of the committee must be posted at
	170	+	least five calendar days before the date of the meeting, in the same
	171	+	manner that meeting notices are posted for standing committees of
	172	+	the senate and house of representatives.
	173	+	(e) As an exception to Chapter 551 and other law, the
	174	+	committee may meet by use of video conference call. This subsection
	175	+	applies for purposes of constituting a quorum, for purposes of
	176	+	voting, and for any other purpose allowing a member of the committee
	177	+	to fully participate in a meeting of the committee. A meeting held
	178	+	by use of video conference call:
	179	+	(1) must be open to the public, including by video
	180	+	broadcasting the meeting in real time through the Internet website
	181	+	of the senate or house of representatives;
	182	+	(2) must specify in the meeting notice the link to the
	183	+	video broadcast described by Subdivision (1); and
	184	+	(3) must provide for the entire meeting two-way video
	185	+	communication between all committee members attending the meeting
	186	+	and if, at any time, the two-way video communication link with a
	187	+	member attending the meeting is disrupted, the meeting may not
	188	+	continue until that link is reestablished.
	189	+	SECTION 4. Subtitle B, Title 4, Government Code, is amended
	190	+	by adding Chapter 418A to read as follows:
	191	+	CHAPTER 418A. PANDEMIC EMERGENCY MANAGEMENT
	192	+	SUBCHAPTER A. GENERAL PROVISIONS
	193	+	Sec. 418A.001. SHORT TITLE. This chapter may be cited as
	194	+	the Texas Pandemic Response Act.
	195	+	Sec. 418A.002. PURPOSES. The purposes of this chapter are
20	196		to:
21		-	(1) reduce vulnerability of people and communities of
22		-	this state to damage, injury, and loss of life and property
23		-	resulting from natural or man-made disasters [catastrophes, riots,
24		-	or hostile military or paramilitary action];
25		-	(2) prepare for prompt and efficient rescue, care, and
26		-	treatment of persons victimized or threatened by disaster;
27		-	(3) provide a setting conducive to the rapid and
	197	+	(1) protect and preserve individual liberties
	198	+	guaranteed under the United States Constitution and the Texas
	199	+	Constitution;
	200	+	(2) reduce the vulnerability of residents and
	201	+	communities in this state to damage, injury, and loss of life and
	202	+	property resulting from a pandemic disaster;
	203	+	(3) prepare for prompt and efficient care and
	204	+	treatment of persons victimized or threatened by a pandemic
	205	+	disaster;
	206	+	(4) maintain employment levels for state residents to
	207	+	the extent possible;
	208	+	(5) provide a setting conducive to the rapid and
28	209		orderly restoration and rehabilitation of persons and property
29		-	affected by disasters;
30		-	(4) clarify and strengthen the roles of the governor,
31		-	state agencies, the judicial branch of state government, and local
32		-	governments in prevention of, preparation for, response to, and
33		-	recovery from disasters;
34		-	(5) authorize and provide for cooperation in disaster
35		-	mitigation, preparedness, response, and recovery;
36		-	(6) authorize and provide for coordination of
37		-	activities relating to disaster mitigation, preparedness,
38		-	response, and recovery by agencies and officers of this state, and
39		-	similar state-local, interstate, federal-state, and foreign
40		-	activities in which the state and its political subdivisions may
41		-	participate;
42		-	(7) provide an emergency management system embodying
43		-	all aspects of predisaster preparedness and postdisaster response;
44		-	(8) assist in mitigation of disasters caused or
	210	+	affected by a pandemic disaster;
	211	+	(6) clarify the roles of the governor, state agencies,
	212	+	the judicial branch of state government, and the political
	213	+	subdivisions of this state in the prevention of, preparation for,
	214	+	response to, and recovery from a pandemic disaster;
	215	+	(7) authorize and provide for cooperation in pandemic
	216	+	disaster mitigation, preparedness, response, and recovery;
	217	+	(8) authorize and coordinate activities relating to
	218	+	pandemic disaster mitigation, preparedness, response, and recovery
	219	+	by state agencies and officers and similar state-local, interstate,
	220	+	federal-state, and foreign activities in which this state and the
	221	+	political subdivisions of this state may participate;
	222	+	(9) provide an emergency management system addressing
	223	+	all aspects of pandemic preparedness and response; and
	224	+	(10) assist in the mitigation of pandemic disasters
45	225		aggravated by inadequate planning for and regulation of public and
46		-	private facilities and land use;
47		-	(9) encourage state agencies, local governments,
48		-	nongovernmental organizations, private entities, and individuals
49		-	to adopt the goals of the strategic plan of the Federal Emergency
50		-	Management Agency for preparing for, responding to, and recovering
51		-	from a disaster that emphasize cooperation among federal agencies,
52		-	state agencies, local governments, nongovernmental organizations,
53		-	private entities, and individuals in each activity or project
54		-	undertaken to ensure that this state is prepared to effectively
55		-	respond to and recover from a disaster; and
56		-	(10) provide the authority and mechanism to respond to
57		-	an energy emergency.
58		-	SECTION 2. Section 418.004(1), Government Code, is amended
	226	+	private resources.
	227	+	Sec. 418A.003. DEFINITIONS. In this chapter:
	228	+	(1) "Division" means the Texas Division of Emergency
	229	+	Management.
	230	+	(2) "Pandemic disaster" means the occurrence or
	231	+	imminent threat of an outbreak of an infectious disease that
	232	+	spreads to a significant portion of the state population and that
	233	+	threatens widespread or severe damage, injury, or loss of life or
	234	+	property in more than one-fourth of the counties in this state
	235	+	resulting from any natural or man-made cause related to the
	236	+	outbreak.
	237	+	(3) "Political subdivision" means a county or
	238	+	municipality.
	239	+	Sec. 418A.004. LIMITATIONS. This chapter does not:
	240	+	(1) grant the governor authority to enact law;
	241	+	(2) expand the authority granted to the governor under
	242	+	Chapter 418;
	243	+	(3) limit the authority of the governor or the
	244	+	presiding officer of the governing body of a political subdivision
	245	+	to apply for, administer, or spend a grant, gift, or payment in aid
	246	+	of pandemic disaster mitigation, preparedness, response, or
	247	+	recovery;
	248	+	(4) interfere with the course or conduct of a labor
	249	+	dispute, except that actions otherwise authorized by this chapter
	250	+	or other laws may be taken when necessary to forestall or mitigate
	251	+	imminent or existing danger to public health or safety;
	252	+	(5) interfere with dissemination of news or comment on
	253	+	public affairs, provided any communications facility or
	254	+	organization, including radio and television stations, wire
	255	+	services, Internet and cellular services, and newspapers, may be
	256	+	requested to transmit or print public service messages providing
	257	+	information or instructions in connection with a pandemic disaster
	258	+	or potential pandemic disaster;
	259	+	(6) affect the jurisdiction or responsibilities of a
	260	+	law enforcement agency, fire department, or unit of the armed
	261	+	forces of the United States, or any of their personnel when on
	262	+	active duty, if state, local, or interjurisdictional emergency
	263	+	management plans rely on the agencies, departments, or units to
	264	+	perform duties related to pandemic disasters;
	265	+	(7) limit, modify, or abridge the authority of the
	266	+	governor to exercise any other power vested in the governor under
	267	+	the constitution or laws of this state independent of or in
	268	+	conjunction with any provision of this chapter;
	269	+	(8) authorize the seizure or confiscation of any
	270	+	firearm or ammunition from an individual who is lawfully carrying
	271	+	or possessing the firearm or ammunition;
	272	+	(9) authorize any person to prohibit or restrict the
	273	+	business operations of a firearms or ammunition manufacturer,
	274	+	distributor, wholesaler, supplier, or retailer or a sport shooting
	275	+	range, as defined by Section 250.001, Local Government Code;
	276	+	(10) affect the level of scrutiny for judicial review
	277	+	of constitutional violations;
	278	+	(11) delegate to any governmental official the
	279	+	authority to modify election procedures;
	280	+	(12) authorize any governmental official to mandate
	281	+	that an individual obtain a vaccination;
	282	+	(13) create any new legal duty for a negligence claim
	283	+	or a new cause of action; or
	284	+	(14) authorize any governmental official to force a
	285	+	business to close or limit the operating capacity or use of a
	286	+	business.
	287	+	Sec. 418A.0045. LIMITATIONS ON MEDICAL PROCEDURES. (a) In
	288	+	this section, "nonelective medical procedure" means a medical
	289	+	procedure, including a surgery, a physical exam, a diagnostic test,
	290	+	a screening, the performance of a laboratory test, and the
	291	+	collection of a specimen to perform a laboratory test, that if not
	292	+	performed within a reasonable time may, as determined in good faith
	293	+	by a patient's physician, result in:
	294	+	(1) the patient's loss of life; or
	295	+	(2) a deterioration, complication, or progression of
	296	+	the patient's current or potential medical condition or disorder,
	297	+	including a physical condition or mental disorder.
	298	+	(b) The governor during a declared state of pandemic
	299	+	disaster may not issue an executive order, proclamation, or
	300	+	regulation that limits or prohibits a nonelective medical
	301	+	procedure.
	302	+	(c) The governor during a declared state of pandemic
	303	+	disaster may issue an executive order, proclamation, or regulation
	304	+	imposing a temporary limitation or prohibition on a medical
	305	+	procedure other than a nonelective medical procedure only if the
	306	+	limitation or prohibition is reasonably necessary to conserve
	307	+	resources for nonelective medical procedures or resources needed
	308	+	for disaster response. An executive order, proclamation, or
	309	+	regulation issued under this subsection may not continue for more
	310	+	than 15 days unless renewed by the governor.
	311	+	(d) A person subject to an executive order, proclamation, or
	312	+	regulation issued under this section who in good faith acts or fails
	313	+	to act in accordance with that order, proclamation, or regulation
	314	+	is not civilly or criminally liable and is not subject to
	315	+	disciplinary action for that act or failure to act.
	316	+	(e) The immunity provided by Subsection (d) is in addition
	317	+	to any other immunity or limitation of liability provided by law.
	318	+	(f) Notwithstanding any other law, this section does not
	319	+	create a civil, criminal, or administrative cause of action or
	320	+	liability or create a standard of care, obligation, or duty that
	321	+	provides the basis for a cause of action for an act or omission
	322	+	under this section.
	323	+	Sec. 418A.005. APPLICABILITY OF OTHER LAW. (a) The
	324	+	following provisions of Chapter 418 apply to a state of pandemic
	325	+	disaster declared under this chapter:
	326	+	(1) Subchapter C-1;
	327	+	(2) Subchapter D;
	328	+	(3) Section 418.107;
	329	+	(4) Section 418.1075;
	330	+	(5) Section 418.108;
	331	+	(6) Section 418.171;
	332	+	(7) Section 418.1881;
	333	+	(8) Section 418.1882;
	334	+	(9) Section 418.191; and
	335	+	(10) Section 418.193, as added by Chapter 70 (S.B.
	336	+	416), Acts of the 86th Legislature, Regular Session, 2019.
	337	+	(b) Notwithstanding Subsection (a)(5), the provisions of
	338	+	Section 418.108 apply to a state of pandemic disaster declared
	339	+	under this chapter only to the extent the local declaration is
	340	+	issued for the purposes of applying for, administering, or spending
	341	+	a grant, gift, or payment in aid of pandemic disaster mitigation,
	342	+	preparedness, response, or recovery.
	343	+	Sec. 418A.006. CONFLICT WITH OTHER LAW. To the extent of
	344	+	any conflict between this chapter and Chapter 418, this chapter
	345	+	controls.
	346	+	Sec. 418A.007. PROHIBITIONS. (a) The presiding officer of
	347	+	the governing body of a political subdivision may not issue an order
	348	+	during a declared state of pandemic disaster or local state of
	349	+	pandemic disaster that:
	350	+	(1) requires businesses or industries to close;
	351	+	(2) distinguishes between types of businesses or
	352	+	industries in limiting operation capacities; or
	353	+	(3) restricts in-person visitation for residents of:
	354	+	(A) nursing facilities, assisted living
	355	+	facilities, and intermediate care facilities for individuals with
	356	+	an intellectual disability that are licensed under Subtitle B,
	357	+	Title 4, Health and Safety Code; and
	358	+	(B) state supported living centers, as defined by
	359	+	Section 531.002, Health and Safety Code.
	360	+	(b) The governor or the presiding officer of the governing
	361	+	body of a political subdivision may not issue an order during a
	362	+	declared state of pandemic disaster or local state of pandemic
	363	+	disaster that requires a public or private golf course to close.
	364	+	(c) The governor or the presiding officer of the governing
	365	+	body of a political subdivision may not issue an order during a
	366	+	declared state of pandemic disaster or local state of pandemic
	367	+	disaster that requires a state park to close.
	368	+	Sec. 418A.0071. PROHIBITION ON CLOSURE OF PUBLIC BEACHES.
	369	+	During a declared state of pandemic disaster or local state of
	370	+	pandemic disaster, a governmental entity, including a political
	371	+	subdivision and state agency, may not issue an order, promulgate a
	372	+	rule, adopt or enforce a policy, or otherwise restrict access to or
	373	+	a means of accessing a public beach, as defined by Chapter 61,
	374	+	Natural Resources Code.
	375	+	Sec. 418A.008. CIVIL LIABILITY DURING PANDEMIC DISASTER.
	376	+	(a) Section 418.006 applies during a declared state of pandemic
	377	+	disaster.
	378	+	(b) A business or an entity operating during a pandemic
	379	+	disaster in this state is not liable for an injury caused by
	380	+	exposing or potentially exposing an individual to a disease if on
	381	+	the date of the exposure or potential exposure:
	382	+	(1) the business or entity is authorized to conduct
	383	+	business in this state;
	384	+	(2) the business or entity made a reasonable effort to
	385	+	comply with applicable and controlling state and local laws, rules,
	386	+	ordinances, declarations, and proclamations related to the
	387	+	pandemic disaster; and
	388	+	(3) the act or omission giving rise to the exposure or
	389	+	potential exposure was not wilful, reckless, or grossly negligent.
	390	+	(c) A person who provides goods or renders services during a
	391	+	pandemic disaster in support of disaster response efforts and at
	392	+	the request of the governor or the governor's designee is not liable
	393	+	for an injury caused by the goods or services, regardless of the
	394	+	circumstances, provided the act or omission giving rise to the
	395	+	injury was not wilful, reckless, grossly negligent, or inconsistent
	396	+	with a limit specified in the governor's request.
	397	+	(d) The immunity provided by this section is in addition to
	398	+	the immunity and limitations of liability provided by other law.
	399	+	(e) This section does not create a civil cause of action.
	400	+	(f) The immunity provided by this section applies to nursing
	401	+	facilities licensed under Chapter 242, Health and Safety Code, only
	402	+	with respect to an act or omission that occurred before November 1,
	403	+	2020.
	404	+	SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
	405	+	Sec. 418A.051. EXECUTIVE ORDERS, PROCLAMATIONS, AND RULES.
	406	+	(a) Subject to Section 418A.052, the governor may issue, amend, or
	407	+	rescind an executive order, proclamation, or rule to further the
	408	+	purposes of this chapter.
	409	+	(b) An executive order, proclamation, or rule issued by the
	410	+	governor under this chapter has the force and effect of law.
	411	+	Sec. 418A.052. LIMITATION ON CERTAIN EXECUTIVE ORDERS,
	412	+	PROCLAMATIONS, AND RULES. (a) This section applies only to an
	413	+	executive order, proclamation, or rule issued under this chapter
	414	+	that has the effect of mandating the wearing of a face covering.
	415	+	(b) An executive order, proclamation, or rule described by
	416	+	Subsection (a) may continue for more than 30 days only if the
	417	+	governor during that period issues:
	418	+	(1) a proclamation convening the legislature in
	419	+	special session that begins during that period to consider whether
	420	+	to modify or terminate the executive order, proclamation, or rule;
	421	+	or
	422	+	(2) if the legislature is convened in regular or
	423	+	special session, a message to the legislature requesting the
	424	+	legislature's consideration of whether to modify or terminate the
	425	+	executive order, proclamation, or rule.
	426	+	(c) The governor may not issue a new executive order,
	427	+	proclamation, or rule based on the same or a substantially similar
	428	+	finding as a prior executive order, proclamation, or rule that was
	429	+	terminated by the legislature under Subsection (b).
	430	+	Sec. 418A.053. LIMITATIONS ON AUTHORITY OF GOVERNOR. (a)
	431	+	Except as expressly provided by this chapter, the governor may
	432	+	exercise the same authority the governor is granted under
	433	+	Subchapter B, Chapter 418, to address a declared state of pandemic
	434	+	disaster.
	435	+	(b) The following provisions of Subchapter B, Chapter 418,
	436	+	do not apply during a declared state of pandemic disaster:
	437	+	(1) Section 418.014;
	438	+	(2) Sections 418.016(b), (c), and (d);
	439	+	(3) Section 418.019;
	440	+	(4) Section 418.0195; and
	441	+	(5) Section 418.023.
	442	+	Sec. 418A.054. RELIGIOUS FREEDOM. Actions taken under a
	443	+	declared state of pandemic disaster must satisfy the religious
	444	+	freedom protections of Chapter 110, Civil Practice and Remedies
	445	+	Code, and the Religious Freedom Restoration Act of 1993 (42 U.S.C.
	446	+	Section 2000bb et seq.).
	447	+	Sec. 418A.055. DECLARATION OF STATE OF PANDEMIC DISASTER.
	448	+	(a) The governor by executive order or proclamation may declare a
	449	+	state of pandemic disaster if the governor determines that a state
	450	+	of pandemic disaster is occurring in this state or that the
	451	+	occurrence or threat of a pandemic disaster is imminent.
	452	+	(b) Subject to Subsections (c), (c-1), and (d), a state of
	453	+	pandemic disaster continues until the governor:
	454	+	(1) determines that:
	455	+	(A) the threat of a pandemic disaster has passed;
	456	+	or
	457	+	(B) the pandemic disaster has been addressed to
	458	+	the extent that emergency conditions no longer exist; and
	459	+	(2) terminates the state of pandemic disaster by
	460	+	executive order or proclamation.
	461	+	(c) A state of pandemic disaster may not continue for more
	462	+	than 30 days unless renewed by the governor. If the legislature is
	463	+	convened in regular or special session, the legislature by law may
	464	+	at any time terminate a declared state of pandemic disaster. If the
	465	+	legislature is not convened in session, the Pandemic Disaster
	466	+	Legislative Oversight Committee established under Chapter 329 may
	467	+	at any time terminate:
	468	+	(1) a state of pandemic disaster that is in effect for
	469	+	more than 30 days following the governor's renewal of the
	470	+	declaration; or
	471	+	(2) provisions of proclamations, orders, or rules
	472	+	issued or adopted by the governor or of orders issued by a political
	473	+	subdivision for the pandemic disaster declaration described by
	474	+	Subdivision (1).
	475	+	(c-1) A state of pandemic disaster renewed by the governor
	476	+	under Subsection (c) may not continue unless, on or before the 90th
	477	+	day after the date the state of pandemic disaster is initially
	478	+	declared, the governor:
	479	+	(1) if the legislature is convened in regular or
	480	+	special session, issues a message to the legislature requesting the
	481	+	legislature's consideration and determination, not later than the
	482	+	30th day after the date the message is issued, of whether to modify
	483	+	or terminate the executive order or proclamation declaring the
	484	+	state of pandemic disaster; or
	485	+	(2) if the legislature is not convened in regular or
	486	+	special session, issues a proclamation convening the legislature in
	487	+	a special session that begins not later than the 30th day after the
	488	+	date the proclamation is issued for the legislature to consider
	489	+	whether to modify or terminate the executive order or proclamation
	490	+	declaring the state of pandemic disaster.
	491	+	(c-2) The governor must provide notice of a proclamation
	492	+	convening the legislature under Subsection (c-1) not later than the
	493	+	60th day after the state or pandemic disaster is initially
	494	+	declared.
	495	+	(d) The governor may not declare a new state of pandemic
	496	+	disaster based on the same or a substantially similar finding as a
	497	+	prior state of pandemic disaster that was terminated or not renewed
	498	+	by the legislature or to circumvent a meeting of the Pandemic
	499	+	Disaster Legislative Oversight Committee convened to review a state
	500	+	of pandemic disaster declaration.
	501	+	(e) On termination of a declared state of pandemic disaster
	502	+	or a provision of a proclamation, order, or rule by the legislature
	503	+	or the Pandemic Disaster Legislative Oversight Committee under this
	504	+	section, the governor shall issue an executive order ending the
	505	+	declared state of pandemic disaster or rescinding those provisions.
	506	+	(f) An executive proclamation or order issued under this
	507	+	section must:
	508	+	(1) include:
	509	+	(A) a description of the nature of the pandemic
	510	+	disaster;
	511	+	(B) a designation of the areas affected or
	512	+	threatened; and
	513	+	(C) a description of the conditions that caused
	514	+	the pandemic disaster or allowed the termination of the pandemic
	515	+	disaster; and
	516	+	(2) be posted on the Internet website of the governor
	517	+	and of any state agency affected by the proclamation or order.
	518	+	(g) The governor shall:
	519	+	(1) promptly disseminate a proclamation or order by
	520	+	any means intended to bring its contents to the attention of the
	521	+	public; and
	522	+	(2) unless the circumstances related to the pandemic
	523	+	disaster prevent or impede the filing, promptly file the
	524	+	proclamation or order with:
	525	+	(A) the division;
	526	+	(B) the secretary of state; and
	527	+	(C) the county clerk or municipal secretary in
	528	+	each area in which the proclamation or order applies.
	529	+	Sec. 418A.056. SALE AND TRANSPORTATION OF CERTAIN
	530	+	MATERIALS. The sale, dispensing, or transportation of firearms and
	531	+	ammunition may not be suspended or limited in response to a declared
	532	+	state of pandemic disaster.
	533	+	SUBCHAPTER C. LOCAL AND INTERJURISDICTIONAL PANDEMIC EMERGENCY
	534	+	MANAGEMENT
	535	+	Sec. 418A.101. PANDEMIC EMERGENCY MANAGEMENT DIRECTORS.
	536	+	(a) The presiding officer of the governing body of a political
	537	+	subdivision is designated as the pandemic emergency management
	538	+	director for that political subdivision.
	539	+	(b) A pandemic emergency management director serves as the
	540	+	governor's designated agent in the administration and supervision
	541	+	of duties under this chapter. A pandemic emergency management
	542	+	director shall perform the duties prescribed by the emergency
	543	+	management plan and implement the state of pandemic proclamation
	544	+	and each executive order issued under this chapter.
	545	+	(c) A pandemic emergency management director may designate
	546	+	a person to serve as pandemic emergency management coordinator.
	547	+	The pandemic emergency management coordinator shall serve as an
	548	+	assistant to the pandemic emergency management director for
	549	+	pandemic emergency management purposes.
	550	+	(d) A person, other than a pandemic emergency management
	551	+	director, may not seize state or federal resources without prior
	552	+	authorization from the division or the state or federal agency
	553	+	responsible for those resources.
	554	+	Sec. 418A.102. PREEMPTION. (a) Any local order or rule
	555	+	issued in response to a state or local state of pandemic disaster is
	556	+	superseded and void to the extent that it is inconsistent with
	557	+	proclamations, orders, or rules issued by the governor or the
	558	+	Department of State Health Services.
	559	+	(b) Any order issued by a municipality in response to a
	560	+	state or local state of pandemic disaster is superseded and void to
	561	+	the extent that it is inconsistent with orders issued by the county
	562	+	judge of the county in which the municipality is located.
	563	+	Sec. 418A.103. LIMITATION ON AD VALOREM TAX RATE OF CERTAIN
	564	+	POLITICAL SUBDIVISIONS. (a) In this section:
	565	+	(1) "No-new-revenue tax rate" and "voter-approval tax
	566	+	rate" have the meanings assigned by Section 26.04, Tax Code.
	567	+	(2) "Tax year" has the meaning assigned by Section
	568	+	1.04, Tax Code.
	569	+	(b) This section applies only to a political subdivision:
	570	+	(1) the presiding officer of the governing body of
	571	+	which issues an order requiring the closure of a private business in
	572	+	response to a pandemic disaster; and
	573	+	(2) for which the governor issues a written
	574	+	determination finding that the presiding officer of the governing
	575	+	body of the political subdivision has taken an action described by
	576	+	Subdivision (1).
	577	+	(c) Notwithstanding Chapter 26, Tax Code, or any other law,
	578	+	the governing body of a political subdivision to which this section
	579	+	applies may not adopt an ad valorem tax rate for the current tax
	580	+	year that exceeds the lesser of the political subdivision's
	581	+	no-new-revenue tax rate or voter-approval tax rate for that tax
	582	+	year.
	583	+	(d) For purposes of making the calculation required under
	584	+	Section 26.013, Tax Code, in a tax year in which this section
	585	+	applies to a political subdivision, the difference between the
	586	+	political subdivision's actual tax rate and voter-approval tax rate
	587	+	is considered to be zero.
	588	+	(e) A political subdivision is no longer subject to the
	589	+	limitation prescribed by this section in the first tax year
	590	+	following the governor's rescission of the written determination
	591	+	issued under Subsection (b)(2).
	592	+	(f) The governor shall adopt rules and procedures necessary
	593	+	to determine whether the presiding officer of a political
	594	+	subdivision has taken an action described by Subsection (b)(1).
	595	+	SUBCHAPTER D. MISCELLANEOUS PROVISIONS
	596	+	Sec. 418A.151. PERSONNEL SURGE CAPACITY PLANNING.
	597	+	Personnel surge capacity planning conducted under this chapter for
	598	+	declared states of pandemic disaster must include plans for
	599	+	providing personal protective equipment to physicians, other
	600	+	health care professionals, and pandemic disaster relief workers and
	601	+	volunteers.
	602	+	Sec. 418A.152. EMERGENCY MANAGEMENT SYSTEM. The division,
	603	+	in collaboration with other appropriate persons selected by the
	604	+	division, shall:
	605	+	(1) establish a statewide emergency management system
	606	+	to respond to a declared state of pandemic disaster;
	607	+	(2) to the extent practicable include private wireless
	608	+	communication, Internet, and cable service providers in the system;
	609	+	and
	610	+	(3) use the satellite communications equipment and
	611	+	mobile telephone towers of the participating providers under
	612	+	Subdivision (2) to assist in responding to a declared state of
	613	+	pandemic disaster.
	614	+	SECTION 5. Section 418.004(1), Government Code, is amended
59	615		to read as follows:
60	616		(1) "Disaster" means the occurrence or imminent threat
61	617		of widespread or severe damage, injury, or loss of life or property
62		-	resulting from any natural or man-made cause not related to the use
63		-	of force or violence such as civil unrest, riots, or insurrection.
64		-	The term includes[, including] fire, flood, earthquake, wind,
65		-	storm, wave action, oil spill or other water contamination,
66		-	volcanic activity, epidemic, pandemic, air contamination, blight,
67		-	drought, infestation, explosion, [riot, hostile military or
68		-	paramilitary action,] extreme heat, cybersecurity event, other
69		-	public calamity requiring emergency action, or energy emergency.
70		-	SECTION 3. Subchapter B, Chapter 418, Government Code, is
71		-	amended by adding Section 418.0125 to read as follows:
72		-	Sec. 418.0125. CERTAIN POWER RELATED TO BUSINESSES RESERVED
73		-	TO LEGISLATURE. (a) Notwithstanding any other law, during a
74		-	declared state of disaster, only the legislature has the authority
75		-	to restrict or impair the operation or occupancy of businesses in
76		-	this state by category or region to appropriately respond to the
77		-	disaster. The legislature may only exercise the authority granted
78		-	by this subsection in a county after consulting with the county
79		-	judge of each county impacted by the disaster.
80		-	(b) The governor by proclamation shall convene the
81		-	legislature in special session to respond to a declared state of
82		-	disaster if the governor finds that the authority of the
83		-	legislature under Subsection (a) should be exercised and the
84		-	legislature is not convened in regular or special session.
85		-	SECTION 4. Section 418.014, Government Code, is amended by
86		-	amending Subsections (b) and (c) and adding Subsection (c-1) to
87		-	read as follows:
88		-	(b) Except as provided by Subsection (c) or (c-1), the state
89		-	of disaster continues until the governor:
90		-	(1) finds that:
91		-	(A) the threat or danger has passed; or
92		-	(B) the disaster has been dealt with to the
93		-	extent that emergency conditions no longer exist; and
94		-	(2) terminates the state of disaster by executive
95		-	order.
96		-	(c) A state of disaster may not continue for more than 30
97		-	days unless renewed by the governor, subject to Subsection (c-1).
98		-	The legislature by law may terminate a state of disaster at any
99		-	time. On termination by the legislature, the governor shall issue
100		-	an executive order ending the state of disaster.
101		-	(c-1) Unless authorized by the legislature while convened
102		-	in a regular or special session, the governor may not renew a state
103		-	of disaster to continue for more than 60 days or declare a new state
104		-	of disaster based on the same or substantially similar findings as a
105		-	prior state of disaster that:
106		-	(1) exists in at least two-fifths of the counties in
107		-	this state; or
108		-	(2) affects at least half of the population of this
109		-	state, according to the most recent federal decennial census.
110		-	SECTION 5. Section 418.0155, Government Code, is amended by
111		-	adding Subsections (c) and (d) to read as follows:
112		-	(c) The governor's office shall publish the list compiled
113		-	under Subsection (a) on the office's Internet website.
114		-	(d) Each state agency impacted by the suspension of a
115		-	statute or rule on the list compiled under Subsection (a) shall
116		-	publish on the agency's Internet website a list of those statutes
117		-	and rules. The agency's list must be:
118		-	(1) posted or updated within 24 hours of any
119		-	suspension; and
120		-	(2) accessible by selecting or viewing not more than
121		-	two Internet web pages after accessing the agency's Internet home
122		-	page.
123		-	SECTION 6. Section 418.016(a), Government Code, is amended
	618	+	resulting from any natural or man-made cause, including fire,
	619	+	flood, earthquake, wind, storm, wave action, oil spill or other
	620	+	water contamination, volcanic activity, epidemic, air
	621	+	contamination, blight, drought, infestation, explosion, riot,
	622	+	hostile military or paramilitary action, extreme heat,
	623	+	cybersecurity event, other public calamity requiring emergency
	624	+	action, or energy emergency. The term does not include a pandemic
	625	+	disaster as defined by Section 418A.003.
	626	+	SECTION 6. Section 418.005(b), Government Code, is amended
124	627		to read as follows:
125		-	(a) Subject to Sections 418.0125 and 418.0165, the [The]
126		-	governor may suspend the provisions of any regulatory statute
127		-	prescribing the procedures for conduct of state business or the
128		-	orders or rules of a state agency if strict compliance with the
129		-	provisions, orders, or rules would in any way prevent, hinder, or
130		-	delay necessary action in coping with a disaster.
131		-	SECTION 7. Subchapter B, Chapter 418, Government Code, is
132		-	amended by adding Section 418.0165 to read as follows:
133		-	Sec. 418.0165. LIMITATION ON POWER TO SUSPEND LAWS OR
134		-	RULES. (a) Notwithstanding any provision of this chapter, the
135		-	governor may not suspend:
136		-	(1) a provision of this chapter or Chapter 433; or
137		-	(2) a law or rule related to the application of Chapter
138		-	325 (Texas Sunset Act), the suspension of which results in the
139		-	continuation of a state agency beyond the date prescribed in
140		-	statute for the abolishment of the agency.
141		-	(b) Except as provided by Subsection (d), the governor may
142		-	suspend a provision of the Code of Criminal Procedure, Election
143		-	Code, or Penal Code only during the first 30 days of a declared
144		-	state of disaster.
145		-	(c) If the governor finds that a suspension authorized by
146		-	Subsection (b) should be continued for more than 30 days and the
147		-	legislature is not convened in regular or special session, the
148		-	governor by proclamation shall convene the legislature in special
149		-	session to respond to a state of disaster.
150		-	(d) Except as provided by this subsection, the governor may
151		-	not suspend a provision of the Election Code related to the
152		-	qualifications or procedures for early voting by mail or to the
153		-	procedures for accepting a voter during any voting period,
154		-	including procedures related to voter identification, residency,
155		-	and signature requirements, except that the governor may suspend
156		-	Section 86.006(a-1), Election Code, only for the purpose of
157		-	allowing a voter registered to vote at an address located in a
158		-	disaster area to deliver a marked ballot voted under Section
159		-	86.006(a-1) to the early voting clerk's office on or before
160		-	election day. This subsection does not prohibit the governor from
161		-	suspending a provision of the Election Code to extend the voting
162		-	period for early voting by mail as necessary to address the declared
163		-	disaster.
164		-	SECTION 8. Subchapter B, Chapter 418, Government Code, is
165		-	amended by adding Section 418.027 to read as follows:
166		-	Sec. 418.027. PREEMPTION OF DECLARATION OF LOCAL DISASTER.
167		-	A declaration of local disaster issued under Subchapter E may not
168		-	conflict with, or expand or limit the scope of, a declaration of
169		-	disaster issued under this subchapter unless expressly authorized
170		-	by a proclamation or executive order issued by the governor under
171		-	this chapter.
172		-	SECTION 9. Section 433.001, Government Code, is amended to
173		-	read as follows:
174		-	Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
175		-	application of the chief executive officer or governing body of a
176		-	county or municipality during an emergency, the governor may
177		-	proclaim a state of emergency and designate the area involved. For
178		-	the purposes of this section an emergency exists in the following
179		-	situations:
180		-	(1) a riot or unlawful assembly by three or more
181		-	persons acting together by use of force or violence;
182		-	(2) if a clear and present danger of the use of force
183		-	or violence exists; or
184		-	(3) a natural or man-made disaster related to the use
185		-	of force or violence such as civil unrest or insurrection.
186		-	SECTION 10. Section 433.002, Government Code, is amended by
187		-	amending Subsection (b) and adding Subsection (d) to read as
188		-	follows:
189		-	(b) Subject to Section 433.0025, the [The] directive may
190		-	provide for:
191		-	(1) control of public and private transportation in
192		-	the affected area;
193		-	(2) designation of specific zones in the affected area
194		-	in which, if necessary, the use and occupancy of buildings and
195		-	vehicles may be controlled;
196		-	(3) control of the movement of persons;
197		-	(4) control of places of amusement or assembly;
198		-	(5) establishment of curfews;
199		-	(6) control of the sale, transportation, and use of
200		-	alcoholic beverages, weapons, and ammunition, except as provided by
201		-	Section 433.0045; and
202		-	(7) control of the storage, use, and transportation of
203		-	explosives or flammable materials considered dangerous to public
204		-	safety.
205		-	(d) A directive issued under this section applies only
206		-	within the jurisdictional boundaries of the county or municipality
207		-	for which an application was made under Section 433.001.
208		-	SECTION 11. Chapter 433, Government Code, is amended by
209		-	adding Section 433.0025 to read as follows:
210		-	Sec. 433.0025. CERTAIN POWER RELATED TO BUSINESSES RESERVED
211		-	TO LEGISLATURE. (a) During a state of emergency, only the
212		-	legislature has the authority to restrict or impair the operation
213		-	or occupancy of businesses in this state by category or region to
214		-	appropriately respond to the emergency.
215		-	(b) The governor by proclamation shall convene the
216		-	legislature in special session to respond to a state of emergency if
217		-	the governor finds that the authority of the legislature under
218		-	Subsection (a) should be exercised and the legislature is not
219		-	convened in regular or special session.
220		-	SECTION 12. Section 433.003, Government Code, is amended by
221		-	amending Subsection (a) and adding Subsection (c) to read as
222		-	follows:
223		-	(a) Except as provided by Subsections [Subsection] (b) and
224		-	(c), a directive expires 72 hours after the time of proclamation of
225		-	the state of emergency for which it was issued.
226		-	(c) Unless authorized by the legislature while convened in a
227		-	regular or special session, the governor may not proclaim
228		-	successive states of emergency to continue for more than 60 days or
229		-	proclaim a new state of emergency based on the same or substantially
230		-	similar findings as a prior state of emergency that:
231		-	(1) exists in at least two-fifths of the counties in
232		-	this state; or
233		-	(2) affects at least half of the population of this
234		-	state, according to the most recent federal decennial census.
235		-	SECTION 13. Section 418.019, Government Code, is repealed.
236		-	SECTION 14. The changes in law made by this Act apply only
237		-	to an order, proclamation, regulation, or directive issued on or
238		-	after the effective date of this Act.
239		-	SECTION 15. This Act takes effect September 1, 2021.
240		-	* * * * *
	628	+	(b) Each person described by Subsection (a) shall complete a
	629	+	course of training provided or approved by the division of not less
	630	+	than three hours regarding the responsibilities of state and local
	631	+	governments under this chapter and Chapter 418A not later than the
	632	+	180th day after the date the person:
	633	+	(1) takes the oath of office, if the person is required
	634	+	to take an oath of office to assume the person's duties as a public
	635	+	officer;
	636	+	(2) otherwise assumes responsibilities as a public
	637	+	officer, if the person is not required to take an oath of office to
	638	+	assume the person's duties; or
	639	+	(3) is designated as an emergency management
	640	+	coordinator under Section 418.1015(c).
	641	+	SECTION 7. Section 418.042(a), Government Code, is amended
	642	+	to read as follows:
	643	+	(a) The division shall prepare and keep current a
	644	+	comprehensive state emergency management plan. The plan may
	645	+	include:
	646	+	(1) provisions for prevention and minimization of
	647	+	injury and damage caused by disaster;
	648	+	(2) provisions for prompt and effective response to
	649	+	disaster;
	650	+	(3) provisions for emergency relief;
	651	+	(4) provisions for energy emergencies;
	652	+	(5) identification of areas particularly vulnerable
	653	+	to disasters;
	654	+	(6) recommendations for zoning, building
	655	+	restrictions, and other land-use controls, safety measures for
	656	+	securing mobile homes or other nonpermanent or semipermanent
	657	+	structures, and other preventive and preparedness measures
	658	+	designed to eliminate or reduce disasters or their impact;
	659	+	(7) provisions for assistance to local officials in
	660	+	designing local emergency management plans;
	661	+	(8) authorization and procedures for the erection or
	662	+	other construction of temporary works designed to protect against
	663	+	or mitigate danger, damage, or loss from flood, fire, or other
	664	+	disaster;
	665	+	(9) preparation and distribution to the appropriate
	666	+	state and local officials of state catalogs of federal, state, and
	667	+	private assistance programs;
	668	+	(10) organization of manpower and channels of
	669	+	assistance;
	670	+	(11) coordination of federal, state, and local
	671	+	emergency management activities;
	672	+	(12) coordination of the state emergency management
	673	+	plan with the emergency management plans of the federal government;
	674	+	(13) coordination of federal and state energy
	675	+	emergency plans;
	676	+	(14) provisions for providing information to local
	677	+	officials on activation of the Emergency Alert System established
	678	+	under 47 C.F.R. Part 11;
	679	+	(15) a database of public facilities that may be used
	680	+	under Section 418.017 to shelter individuals during a disaster,
	681	+	including air-conditioned facilities for shelter during an extreme
	682	+	heat disaster and fortified structures for shelter during a wind
	683	+	disaster;
	684	+	(16) provisions for quickly replenishing the food
	685	+	supplies of area food banks or food pantries following a disaster;
	686	+	[and]
	687	+	(17) provisions for protecting public health; and
	688	+	(18) other necessary matters relating to disasters.
	689	+	SECTION 8. (a) Subchapter A, Chapter 241, Health and Safety
	690	+	Code, is amended by adding Section 241.012 to read as follows:
	691	+	Sec. 241.012. IN-PERSON HOSPITAL VISITATION DURING PERIOD
	692	+	OF DISASTER. (a) In this section:
	693	+	(1) "Hospital" means a hospital licensed under this
	694	+	chapter.
	695	+	(2) "Qualifying official disaster order" means an
	696	+	order, proclamation, or other instrument issued by the governor,
	697	+	another official of this state, or the governing body or an official
	698	+	of a political subdivision of this state declaring a disaster that
	699	+	has infectious disease as the basis for the declared disaster.
	700	+	(3) "Qualifying period of disaster" means the period
	701	+	of time the area in which a hospital is located is declared to be a
	702	+	disaster area by a qualifying official disaster order.
	703	+	(4) "Religious counselor" means an individual acting
	704	+	substantially in a pastoral or religious capacity to provide
	705	+	spiritual counsel to other individuals.
	706	+	(b) A hospital may not during a qualifying period of
	707	+	disaster prohibit in-person visitation with a patient receiving
	708	+	care or treatment at the hospital unless federal law or a federal
	709	+	agency requires the hospital to prohibit in-person visitation
	710	+	during that period.
	711	+	(c) Notwithstanding Subsection (b), a hospital may during a
	712	+	qualifying period of disaster:
	713	+	(1) restrict the number of visitors a patient
	714	+	receiving care or treatment at the hospital may receive to not fewer
	715	+	than one;
	716	+	(2) require a visitor to the hospital to:
	717	+	(A) complete a health screening before entering
	718	+	the hospital; and
	719	+	(B) wear personal protective equipment at all
	720	+	times while visiting a patient at the hospital; and
	721	+	(3) deny entry to or remove from the hospital's
	722	+	premises a visitor who fails or refuses to:
	723	+	(A) submit to or meet the requirements of a
	724	+	health screening administered by the hospital; or
	725	+	(B) wear personal protective equipment that
	726	+	meets the hospital's infection control and safety requirements in
	727	+	the manner prescribed by the hospital.
	728	+	(d) A health screening administered by a hospital under this
	729	+	section must be conducted in a manner that, at a minimum, complies
	730	+	with:
	731	+	(1) hospital policy; and
	732	+	(2) if applicable, guidance or directives issued by
	733	+	the commission, the Centers for Medicare and Medicaid Services, or
	734	+	another agency with regulatory authority over the hospital.
	735	+	(e) Notwithstanding any other law, neither a hospital nor a
	736	+	physician providing health care services on the hospital's premises
	737	+	is subject to civil or criminal liability or an administrative
	738	+	penalty if a visitor contracts an infectious disease while on the
	739	+	hospital's premises during a qualifying period of disaster or, in
	740	+	connection with a visit to the hospital, spreads an infectious
	741	+	disease to any other individual, except where intentional
	742	+	misconduct or gross negligence by the hospital or the physician is
	743	+	shown. A physician who in good faith takes, or fails to take, an
	744	+	action under this section is not subject to civil or criminal
	745	+	liability or disciplinary action for the physician's action or
	746	+	failure to act under this section.
	747	+	(f) This section may not be construed as requiring a
	748	+	hospital to:
	749	+	(1) provide a specific type of personal protective
	750	+	equipment to a visitor to the hospital; or
	751	+	(2) allow in-person visitation with a patient
	752	+	receiving care or treatment at the hospital if an attending
	753	+	physician determines that in-person visitation with that patient
	754	+	may lead to the transmission of an infectious agent that poses a
	755	+	serious community health risk.
	756	+	(g) A determination made by an attending physician under
	757	+	Subsection (f)(2) is valid for not more than five days after the
	758	+	date the determination is made unless renewed by an attending
	759	+	physician.
	760	+	(h) If a visitor to a hospital is denied in-person
	761	+	visitation with a patient receiving care or treatment at a hospital
	762	+	because of a determination made by an attending physician under
	763	+	Subsection (f)(2), the hospital shall:
	764	+	(1) provide each day a written or oral update of the
	765	+	patient's condition to the visitor if the visitor:
	766	+	(A) is authorized by the patient to receive
	767	+	relevant health information regarding the patient;
	768	+	(B) has authority to receive the patient's health
	769	+	information under an advance directive or medical power of
	770	+	attorney; or
	771	+	(C) is otherwise the patient's surrogate
	772	+	decision-maker regarding the patient's health care needs under
	773	+	hospital policy and other applicable law; and
	774	+	(2) notify the person who receives the daily update
	775	+	required under Subdivision (1) of the estimated date and time at
	776	+	which the patient will be discharged from the hospital.
	777	+	(i) Notwithstanding any other provision of this section, a
	778	+	hospital may not prohibit in-person visitation by a religious
	779	+	counselor with a patient who is receiving care or treatment at the
	780	+	hospital and who is seriously ill or dying for a reason other than
	781	+	the religious counselor's failure to comply with a requirement
	782	+	described by Subsection (c)(2).
	783	+	(j) In the event of a conflict between this section and any
	784	+	provision of a qualifying official disaster order, this section
	785	+	prevails.
	786	+	(b) Notwithstanding any other provision of this Act, this
	787	+	section takes effect September 1, 2021.
	788	+	SECTION 9. Section 418A.0045, Government Code, as added by
	789	+	this Act, applies only to an order, proclamation, or regulation
	790	+	issued on or after the effective date of this Act.
	791	+	SECTION 10. Section 418A.008, Government Code, as added by
	792	+	this Act, applies only to a cause of action that accrued on or after
	793	+	March 13, 2020. A cause of action that accrued before March 13,
	794	+	2020, is governed by the law applicable to the cause of action
	795	+	immediately before the effective date of this Act, and that law is
	796	+	continued in effect for that purpose.
	797	+	SECTION 11. Notwithstanding any other law, if this state
	798	+	receives from the federal government an amount of $1 billion or more
	799	+	related to disaster or pandemic relief response after the governor
	800	+	has signed and the comptroller of public accounts has certified
	801	+	S.B. No. 1, 87th Legislature, Regular Session, 2021 (the General
	802	+	Appropriations Act), or similar law, the expenditure of any of that
	803	+	money appropriated for the state fiscal biennium ending August 31,
	804	+	2021, or for the state fiscal biennium beginning September 1, 2021,
	805	+	is contingent on the approval of that expenditure by the House
	806	+	Appropriations Committee and Senate Finance Committee in joint or
	807	+	separate hearings not later than 120 days after the enactment of the
	808	+	federal legislation authorizing the disbursement of the money.
	809	+	Federal money described by this section may not be spent until the
	810	+	secretary of the senate and the chief clerk of the house of
	811	+	representatives certify to the comptroller of public accounts that
	812	+	public hearings were held by those committees on the subject of the
	813	+	approval.
	814	+	SECTION 12. This Act takes effect immediately if it
	815	+	receives a vote of two-thirds of all the members elected to each
	816	+	house, as provided by Section 39, Article III, Texas Constitution.
	817	+	If this Act does not receive the vote necessary for immediate
	818	+	effect, this Act takes effect September 1, 2021.