Texas House Bill HB3016

Texas 2021 - 87th Regular

Caption

Relating to the prohibited suspension of a provision of the Code of Criminal Procedure or Penal Code during a declared state of disaster.

Impact

If enacted, HB 3016 would have significant implications on how government powers are defined during emergencies. It would reinforce the notion that executive authority must not interfere with established criminal laws, thereby maintaining checks on the governor's power during a declared state of disaster. The bill's provision serves to reassure the public and ensure law enforcement operates within the bounds of the law, even during extraordinary situations that challenge the state's operational capacities.

Summary

House Bill 3016 aims to explicitly prohibit the suspension of any provisions of the Code of Criminal Procedure or Penal Code during a declared state of disaster. The bill amends Section 418.012 of the Government Code, clarifying that while the governor has the authority to issue executive orders and regulations during such disasters, these do not include the ability to suspend legal provisions that pertain to criminal law. The intent of the bill is to protect the integrity of the state's criminal justice system amid emergencies, ensuring that existing legal frameworks remain in place regardless of situations requiring disaster management.

Sentiment

The sentiment surrounding HB 3016 appears overwhelmingly positive among lawmakers, as indicated by the unanimous voting record (143-0) during its passage on May 13, 2021. Supporters of the bill recognize the need for a clear legal framework that protects citizens' rights and promotes the rule of law despite the challenges presented by disasters. This alignment of legislative sentiment suggests a shared understanding of the importance of safeguarding against potential abuses of power that could arise in emergency situations.

Contention

While the bill did not face significant opposition, the underlying issues it addresses could raise questions about the balance of emergency powers and civil liberties. Although there seems to be broad agreement on the need for the bill, discussions may surface regarding the interpretation of emergency powers and the potential risks of legislative overreach. Ensuring that legislative measures do not unreasonably restrict or complicate the execution of emergency management may remain a point of discussion as the bill is implemented.