| 1 | 1 | | 87R1627 YDB-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 3785 |
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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 the governor's authority to suspend regulatory |
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| 8 | 8 | | statutes, orders, and rules during a declared state of disaster. |
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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 418.004, Government Code, is amended by |
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| 11 | 11 | | adding Subdivisions (11-a) and (11-b) to read as follows: |
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| 12 | 12 | | (11-a) "Regulatory order or rule" means an order or |
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| 13 | 13 | | rule that: |
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| 14 | 14 | | (A) prescribes procedures for conducting state |
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| 15 | 15 | | business; and |
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| 16 | 16 | | (B) is issued or adopted by a state agency in the |
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| 17 | 17 | | executive branch of state government with authority to regulate |
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| 18 | 18 | | persons engaged in an activity or occupation. |
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| 19 | 19 | | (11-b) "Regulatory statute" means a statute |
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| 20 | 20 | | prescribing the procedures for conducting state business for a |
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| 21 | 21 | | state agency in the executive branch of state government with |
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| 22 | 22 | | authority to regulate persons engaged in an activity or occupation. |
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| 23 | 23 | | SECTION 2. Section 418.012, Government Code, is amended to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the |
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| 26 | 26 | | governor may, subject to Section 418.016(a), issue executive |
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| 27 | 27 | | orders, proclamations, and regulations and amend or rescind them. |
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| 28 | 28 | | Executive orders, proclamations, and regulations have the force and |
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| 29 | 29 | | effect of law. |
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| 30 | 30 | | SECTION 3. Section 418.016(a), Government Code, is amended |
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| 31 | 31 | | to read as follows: |
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| 32 | 32 | | (a) The governor may not suspend a provision of a state |
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| 33 | 33 | | statute or a state agency order or rule except as specifically |
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| 34 | 34 | | authorized by this chapter. The governor may suspend the provisions |
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| 35 | 35 | | of any regulatory statute [prescribing the procedures for conduct |
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| 36 | 36 | | of state business] or the regulatory orders or rules of a state |
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| 37 | 37 | | agency if strict compliance with the provisions, orders, or rules |
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| 38 | 38 | | would in any way prevent, hinder, or delay necessary action in |
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| 39 | 39 | | coping with a disaster. |
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| 40 | 40 | | SECTION 4. Section 418.025(a), Government Code, is amended |
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| 41 | 41 | | to read as follows: |
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| 42 | 42 | | (a) If the governor determines that a disaster can be |
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| 43 | 43 | | adequately addressed without invoking all the powers and duties |
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| 44 | 44 | | provided by this subchapter, the governor may, by proclamation or |
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| 45 | 45 | | executive order, issue a limited purpose disaster declaration |
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| 46 | 46 | | invoking only the authority provided by Section [Sections] |
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| 47 | 47 | | 418.016(a) [and (e)]. |
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| 48 | 48 | | SECTION 5. Sections 418.016(e) and 418.019, Government |
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| 49 | 49 | | Code, are repealed. |
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| 50 | 50 | | SECTION 6. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2021. |
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