Texas House Bill HB3781

Texas 2021 - 87th Regular

Caption

Relating to a prohibition on executive orders issued during a declared state of disaster that prohibit a business or category of businesses from operating.

Impact

If enacted, HB3781 would directly alter the landscape of executive authority in Texas. This amendment to the Government Code would ensure that during a state of disaster, the governor cannot issue orders that would limit or halt the operations of businesses. This could foster a business-friendly environment even in times of crisis, providing a counter-narrative to the responses observed in other states. Supporters of the bill argue that it empowers businesses to remain operational, which is vital for economic stability and recovery in disaster situations.

Summary

House Bill 3781 introduces a significant limitation on the powers of the governor concerning executive orders issued during a declared state of disaster. Specifically, it prohibits the issuance of any executive order, proclamation, or regulation that would prevent a business or category of businesses from operating during such a declared state. This bill reflects ongoing concerns regarding government overreach and its impact on local businesses, particularly as seen during the COVID-19 pandemic when multiple businesses faced closures due to executive orders.

Contention

There are notable points of contention surrounding HB3781, particularly regarding the balance between public safety and economic operations. Critics may argue that this bill could undermine public health measures that are sometimes necessary to manage crises effectively. The bill's opponents could express concern that while it seeks to protect businesses, it may also prevent the implementation of necessary restrictions during health emergencies, thereby posing risks to public safety. The debate reflects broader discussions about governance, individual rights, and the responsibilities of state officials during emergencies.