| 1 | 1 | | 87R1614 YDB-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 3780 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to renewal of a state of disaster declared to address a |
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| 8 | 8 | | communicable disease. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 418.014, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (c) and adding Subsection (c-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) Except as provided by Subsection (c) or (c-1), the state |
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| 14 | 14 | | of disaster continues until the governor: |
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| 15 | 15 | | (1) finds that: |
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| 16 | 16 | | (A) the threat or danger has passed; or |
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| 17 | 17 | | (B) the disaster has been dealt with to the |
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| 18 | 18 | | extent that emergency conditions no longer exist; and |
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| 19 | 19 | | (2) terminates the state of disaster by executive |
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| 20 | 20 | | order. |
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| 21 | 21 | | (c) A state of disaster may not continue for more than 30 |
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| 22 | 22 | | days unless the disaster declaration is renewed by the governor or |
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| 23 | 23 | | renewed under Subsection (c-1). The legislature by law may |
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| 24 | 24 | | terminate a state of disaster at any time. On termination by the |
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| 25 | 25 | | legislature, the governor shall issue an executive order ending the |
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| 26 | 26 | | state of disaster. |
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| 27 | 27 | | (c-1) A state of disaster declared by the governor to |
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| 28 | 28 | | address the spread of a communicable disease may only be renewed by |
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| 29 | 29 | | the legislature by law. If the governor finds that the state of |
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| 30 | 30 | | disaster described by this subsection requires renewal and the |
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| 31 | 31 | | legislature is not convened in regular or special session, the |
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| 32 | 32 | | governor by proclamation may convene the legislature in special |
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| 33 | 33 | | session to renew the disaster declaration and respond to the |
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| 34 | 34 | | disaster. In this subsection, "communicable disease" has the |
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| 35 | 35 | | meaning assigned by Section 81.003, Health and Safety Code. |
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| 36 | 36 | | SECTION 2. The changes in law made by this Act apply only to |
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| 37 | 37 | | a state of disaster declared or renewed on or after the effective |
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| 38 | 38 | | date of this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2021. |
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