87R1614 YDB-D
By: Tinderholt H.B. No. 3780
A BILL TO BE ENTITLED
AN ACT
relating to renewal of a state of disaster declared to address a
communicable disease.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.014, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (c-1) to
read as follows:
(b) Except as provided by Subsection (c) or (c-1), the state
of disaster continues until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the
extent that emergency conditions no longer exist; and
(2) terminates the state of disaster by executive
order.
(c) A state of disaster may not continue for more than 30
days unless the disaster declaration is renewed by the governor or
renewed under Subsection (c-1). The legislature by law may
terminate a state of disaster at any time. On termination by the
legislature, the governor shall issue an executive order ending the
state of disaster.
(c-1) A state of disaster declared by the governor to
address the spread of a communicable disease may only be renewed by
the legislature by law. If the governor finds that the state of
disaster described by this subsection requires renewal and the
legislature is not convened in regular or special session, the
governor by proclamation may convene the legislature in special
session to renew the disaster declaration and respond to the
disaster. In this subsection, "communicable disease" has the
meaning assigned by Section 81.003, Health and Safety Code.
SECTION 2. The changes in law made by this Act apply only to
a state of disaster declared or renewed on or after the effective
date of this Act.
SECTION 3. 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.