87R1627 YDB-D
By: Tinderholt H.B. No. 3785
A BILL TO BE ENTITLED
AN ACT
relating to the governor's authority to suspend regulatory
statutes, orders, and rules during a declared state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.004, Government Code, is amended by
adding Subdivisions (11-a) and (11-b) to read as follows:
(11-a) "Regulatory order or rule" means an order or
rule that:
(A) prescribes procedures for conducting state
business; and
(B) is issued or adopted by a state agency in the
executive branch of state government with authority to regulate
persons engaged in an activity or occupation.
(11-b) "Regulatory statute" means a statute
prescribing the procedures for conducting state business for a
state agency in the executive branch of state government with
authority to regulate persons engaged in an activity or occupation.
SECTION 2. Section 418.012, Government Code, is amended to
read as follows:
Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the
governor may, subject to Section 418.016(a), issue executive
orders, proclamations, and regulations and amend or rescind them.
Executive orders, proclamations, and regulations have the force and
effect of law.
SECTION 3. Section 418.016(a), Government Code, is amended
to read as follows:
(a) The governor may not suspend a provision of a state
statute or a state agency order or rule except as specifically
authorized by this chapter. The governor may suspend the provisions
of any regulatory statute [prescribing the procedures for conduct
of state business] or the regulatory orders or rules of a state
agency if strict compliance with the provisions, orders, or rules
would in any way prevent, hinder, or delay necessary action in
coping with a disaster.
SECTION 4. Section 418.025(a), Government Code, is amended
to read as follows:
(a) If the governor determines that a disaster can be
adequately addressed without invoking all the powers and duties
provided by this subchapter, the governor may, by proclamation or
executive order, issue a limited purpose disaster declaration
invoking only the authority provided by Section [Sections]
418.016(a) [and (e)].
SECTION 5. Sections 418.016(e) and 418.019, Government
Code, are repealed.
SECTION 6. 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.