Texas 2021 - 87th Regular

Texas House Bill HB4125 Compare Versions

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1	1	By: Vasut H.B. No. 4125
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to state and local government responses to disasters.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 418.004, Government Code, is amended by
9	9	amending Subdivisions (1) and (3) and adding Subdivisions (3-a) and
10	10	(3-b) to read as follows:
11	11	(1) "Disaster" means the occurrence or imminent threat
12	12	of widespread or severe damage, injury, or loss of life or property
13	13	resulting from any natural or man-made cause, including fire,
14	14	flood, earthquake, wind, storm, wave action, oil spill or other
15	15	water contamination, volcanic activity, epidemic emergency, air
16	16	contamination, blight, drought, infestation, explosion, riot,
17	17	hostile military or paramilitary action, extreme heat or cold,
18	18	cybersecurity event, [other public calamity requiring emergency
19	19	action], or energy emergency.
20	20	(3) "Energy emergency" means a temporary statewide,
21	21	regional, or local shortage of petroleum, natural gas, or liquid
22	22	fuel energy supplies or electricity generation that makes emergency
23	23	measures necessary to reduce demand or allocate supply.
24	24	(3-a) "Epidemic emergency" means the occurrence or
25	25	imminent threat of an outbreak of a communicable disease in this
26	26	state that threatens widespread or severe damage, injury, or loss
27	27	of life or property in this state resulting from any natural or
28	28	man-made cause related to the outbreak. An epidemic emergency does
29	29	not mean the occurrence or imminent threat of an outbreak of an
30	30	communicable disease for which there is widespread availability of
31	31	an effective vaccine against infection.
32	32	(3-b) "Communicable disease" has the meaning assigned
33	33	by Section 81.003, Health and Safety Code.
34	34	SECTION 2. Section 418.006, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 418.006. CIVIL LIABILITY.
37	37	(a) An officer or employee of a state or local agency, or a
38	38	volunteer acting at the direction of an officer or employee of a
39	39	state or local agency, is considered for purposes of Section
40	40	437.222 to be a member of the Texas military forces ordered into
41	41	active service of the state by proper authority and is considered to
42	42	be discharging a duty in that capacity if the person is performing
43	43	an activity related to sheltering or housing individuals in
44	44	connection with the evacuation of an area stricken or threatened by
45	45	disaster.
46	46	(b) A business or an entity operating during a disaster for
47	47	an epidemic emergency is not liable for an injury caused by exposing
48	48	or potentially exposing an individual to a disease if on the date of
49	49	the exposure or potential exposure:
50	50	(1) the business or entity is authorized to do
51	51	business in this state; and
52	52	(2) the act or omission giving rise to the exposure or
53	53	potential exposure was not wilful, reckless, or grossly negligent.
54	54	(c) A person who provides goods or renders services during a
55	55	disaster in support of disaster response efforts and at the request
56	56	of the governor or the governor's designee is not liable for an
57	57	injury caused by the goods or services, regardless of the
58	58	circumstances, so long as the act or omission giving rise to the
59	59	injury was not wilful, reckless, grossly negligent, or inconsistent
60	60	with a limit specified in the governor's request.
61	61	SECTION 3. Subchapter A, Chapter 418, Government Code, is
62	62	amended by adding Section 418.007 to read as follows:
63	63	Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
64	64	person has standing to file suit in a court of this state to
65	65	challenge a provision of an order issued by the governor or the
66	66	presiding officer of the governing body of a political subdivision
67	67	that relates to a declared state of disaster if the provision in the
68	68	order is alleged to cause injury to the person or burden a right of
69	69	the person that is protected by the state or federal constitution or
70	70	by a state or federal law.
71	71	(b) The issuer of the order has the burden of proving the
72	72	challenged provision in the order:
73	73	(1) mitigates a threat to the public caused by the
74	74	disaster; and
75	75	(2) is the least restrictive means of mitigating the
76	76	threat.
77	77	(c) The court shall enter a judgment invalidating the
78	78	challenged provision in the order if the court finds the issuer of
79	79	the order has not satisfied the burden imposed under Subsection
80	80	(b).
81	81	SECTION 4. Section 418.012, Government Code, is amended to
82	82	read as follows:
83	83	Sec. 418.012. EXECUTIVE ORDERS.
84	84	(a) The [Under this chapter, the] governor and the presiding
85	85	officer of a political subdivision may issue executive orders,
86	86	proclamations, and regulations consistent with the provisions of
87	87	this chapter and amend or rescind them. [Executive orders,
88	88	proclamations, and regulations have the force and effect of law.]
89	89	(b) In the event of a conflict between executive orders,
90	90	proclamations, or regulations enacted pursuant to this chapter by
91	91	the governor and a presiding officer of a political subdivision, an
92	92	executive order, proclamation, or regulation enacted by the
93	93	governor controls.
94	94	(c) Unless expressly authorized by statute, the governor
95	95	and the president officer of a governing body of a political
96	96	subdivision may not issue an executive order, proclamation, or
97	97	regulation that:
98	98	(1) requires a person other than a public employee or
99	99	licensed professional providing medical services to wear a mask or
100	100	personal protective equipment during a declared state of disaster;
101	101	(2) prohibits or limits a person from attending or
102	102	participating in a religious service or activity;
103	103	(3) violates Chapter 110, Civil Practice and Remedies
104	104	Code or the Religious Freedom Restoration Act of 1993 (42 U.S.C.
105	105	2000bb et seq.);
106	106	(4) prohibits or limits the sale, dispensing, or
107	107	transportation of firearms or ammunition;
108	108	(5) alters any voting standard, practice, or
109	109	procedure; or
110	110	(6) restricts the otherwise lawful operation of a
111	111	business or industry or the activities of an individual by
112	112	distinguishing between essential and nonessential services
113	113	provided or obtained by the business, industry, or individual.
114	114	SECTION 5. Subchapter B, Chapter 418, Government Code, is
115	115	amended by adding Section 418.0125 to read as follows:
116	116	Sec. 418.0125. LIMIT ON ASSESSMENT OF FEES. (a) If the
117	117	governor issues an executive order, proclamation, or regulation
118	118	during a declared state of disaster that restricts the operation of
119	119	a business or nonprofit entity or a category of businesses, a
120	120	business or nonprofit entity whose operation is restricted by the
121	121	order, proclamation, or regulation may not be assessed any fee,
122	122	including a licensing fee, by this state during the time the
123	123	operation of the business or nonprofit entity is restricted by the
124	124	order, proclamation, or regulation.
125	125	(b) If a business or nonprofit entity paid an annual fee or
126	126	other fee in advance to this state for the business's or nonprofit
127	127	entity's operations, the business or nonprofit entity is entitled
128	128	to a pro rata refund of the fee for the period of time its operations
129	129	were restricted by an executive order, proclamation, or regulation
130	130	of the governor described by Subsection (a).
131	131	(c) A business or nonprofit entity may opt to have the
132	132	amount of any refund due under this section credited toward a future
133	133	fee requirement.
134	134	SECTION 6. Section 418.014, Government Code, is amended by
135	135	amending Subsection (c) and adding Subsection (c-1) to read as
136	136	follows:
137	137	(c) A state of disaster may not continue for more than 30
138	138	days unless renewed by the governor. A state of disaster for an
139	139	epidemic emergency, energy emergency, or any man-made cause
140	140	affecting more than half the counties of this state may not continue
141	141	for more than 60 days unless renewed by the legislature. In no case
142	142	may a state of disaster continue for longer than 180 days unless
143	143	renewed by the legislature. The legislature [by law] may terminate
144	144	a state of disaster at any time. On termination by the legislature,
145	145	the governor shall issue an executive order ending the state of
146	146	disaster.
147	147	(c-1) The governor may not declare a state of disaster based
148	148	on the same or a substantially similar finding for which a state of
149	149	disaster was declared under Subsection (a) by the governor within
150	150	the preceding 12 months.
151	151	SECTION 7. Section 418.0155, Government Code, is amended to
152	152	read as follows:
153	153	Sec. 418.0155. SUSPENSION LIST. (a) The governor's
154	154	office, using existing resources, shall compile and maintain a
155	155	comprehensive list of state agency [regulatory statutes and] rules
156	156	that may require suspension during a disaster.
157	157	(b) On request by the governor's office, a state agency that
158	158	would be impacted by the suspension of a [statute or] rule on the
159	159	list compiled under Subsection (a) shall review the list for
160	160	accuracy and shall advise the governor's office regarding any
161	161	[statutes or] rules that should be added to the list.
162	162	SECTION 8. Section 418.016, Government Code, is amended by
163	163	amending Subsections (a) and (e) and adding Subsection (a-1) to
164	164	read as follows:
165	165	Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES AND
166	166	REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS.
167	167	(a) The governor may not suspend a state agency order or rule
168	168	except as specifically authorized by this chapter. The governor
169	169	may suspend [the provisions of any regulatory statute prescribing
170	170	the procedures for conduct of state business or] the orders or rules
171	171	of a state agency if strict compliance with the [provisions,]
172	172	orders[,] or rules would in any way prevent, hinder, or delay
173	173	necessary action or prompt response in coping with a disaster.
174	174	(a-1) During a state of disaster declared by the governor
175	175	and notwithstanding any other law, the contracting requirements in
176	176	Subtitle D, Title 10, that inhibit or prevent prompt response to a
177	177	disaster do not apply to a state agency in contracting for goods or
178	178	services related to the declared state of disaster.
179	179	(e) On request of a political subdivision, the governor may
180	180	waive or suspend a deadline imposed by [a statute or] the orders or
181	181	rules of a state agency on the political subdivision, including a
182	182	deadline relating to a budget or ad valorem tax, if the waiver or
183	183	suspension is reasonably necessary to cope with a disaster.
184	184	SECTION 9. Section 418.019, Government Code, is repealed.
185	185	SECTION 10. Section 418.020, Government Code, is amended by
186	186	amending Subsection (c) to read as follows:
187	187	(c) Under regulations prescribed by the governor, the
188	188	governor may temporarily suspend or modify for a period of not more
189	189	than 60 days any public health, safety, zoning, intrastate
190	190	transportation, or other [law or] regulation if by proclamation the
191	191	governor considers the suspension or modification essential to
192	192	provide temporary housing or emergency shelter for disaster
193	193	victims.
194	194	SECTION 11. Section 418.042, Government Code, is amended by
195	195	amending Subsection (c) to read as follows:
196	196	(c) All or part of the state emergency management plan may
197	197	be incorporated into regulations of the division or executive
198	198	orders [that have the force and effect of law].
199	199	SECTION 12. Subchapter E, Chapter 418, Government Code, is
200	200	amended by adding Section 418.1081 to read as follows:
201	201	Sec. 418.1081. LIMIT ON ASSESSMENT OF FEES DURING DECLARED
202	202	LOCAL DISASTER. (a) If the presiding officer of the governing body
203	203	of a political subdivision issues an order or proclamation during a
204	204	declared local state of disaster that restricts the operation of a
205	205	business or nonprofit entity or a category of businesses, a
206	206	business or nonprofit entity whose operation is restricted by the
207	207	order or proclamation may not be assessed any fee, including a
208	208	permit fee, by the political subdivision during the time the
209	209	operation of the business or nonprofit entity is restricted by the
210	210	order or proclamation.
211	211	(b) If a business or nonprofit entity paid an annual fee or
212	212	other fee in advance to a political subdivision for the business's
213	213	or nonprofit entity's operations, the business or nonprofit entity
214	214	is entitled to a pro rata refund of the fee for the period of time
215	215	its operations were restricted by an order or proclamation of the
216	216	political subdivision described by Subsection (a).
217	217	(c) A business or nonprofit entity may opt to have the
218	218	amount of any refund due under this section credited toward a future
219	219	fee requirement.
220	220	SECTION 13. Section 418.173, Government Code, is amended to
221	221	read as follows:
222	222	Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT
223	223	PLAN. (a) A state, local, or interjurisdictional emergency
224	224	management plan may provide that the intentional or knowing
225	225	violation of a state, local, or interjurisdictional emergency
226	226	management plan [failure to comply with the plan] or [with] a rule,
227	227	order, or ordinance adopted under the plan is an offense.
228	228	(b) The plan may prescribe a fine-only punishment for the
229	229	offense in an amount that does not exceed $500.00 [but may not
230	230	prescribe a fine that exceeds $1,000 or confinement in jail for a
231	231	term that exceeds 180 days].
232	232	SECTION 14. Section 433.001, Government Code, is amended to
233	233	read as follows:
234	234	Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
235	235	application of the chief executive officer or governing body of a
236	236	county or municipality during an emergency, the governor may
237	237	proclaim a state of emergency and designate the area involved. For
238	238	the purposes of this section an emergency exists in the following
239	239	situations:
240	240	(1) a riot or unlawful assembly by three or more
241	241	persons acting together by use of force or violence;
242	242	(2) if a clear and present danger of the use of
243	243	violence exists; or
244	244	(3) a natural or man-made disaster for which a state of
245	245	disaster has not been declared by the governor pursuant to Chapter
246	246	418.
247	247	SECTION 15. Section 433.002, Government Code, is amended by
248	248	amending Subsection (b) to read as follows:
249	249	(b) The directive may provide for:
250	250	(1) control of public and private transportation in
251	251	the affected area;
252	252	(2) designation of specific zones in the affected area
253	253	in which, if necessary, the use and occupancy of buildings and
254	254	vehicles may be controlled;
255	255	(3) control of the movement of persons;
256	256	(4) control of places of amusement or assembly; and
257	257	(5) establishment of curfews[;
258	258	(6) control of the sale, transportation, and use of
259	259	alcoholic beverages, weapons, and ammunition, except as provided by
260	260	Section 433.0045; and
261	261	(7) control of the storage, use, and transportation of
262	262	explosives or flammable materials considered dangerous to public
263	263	safety].
264	264	SECTION 16. Section 81.082, Health and Safety Code, is
265	265	amended by amending Subsection (d) to read as follows:
266	266	(d) A declaration of a public health disaster may continue
267	267	for not more than 30 days unless renewed by the legislature. [A
268	268	public health disaster may be renewed one time by the commissioner
269	269	for an additional 30 days.]
270	270	SECTION 17. Section 51.408, Occupations Code, is amended by
271	271	amending Subsection (b) to read as follows:
272	272	(b) An emergency license issued under this section expires
273	273	on the date indicated by the executive director, but not later than
274	274	the 90th day after the date the license is issued. If the governor
275	275	declares a [an extended] state of disaster that is renewed under
276	276	Section 418.014, Government Code, the executive director may extend
277	277	the term of an emergency license to an expiration date after the
278	278	90th day after the date the license was issued.
279	279	SECTION 18. Subsections 418.006(b-c), Government Code,
280	280	added by this Act, apply only to a cause of action that accrued on or
281	281	after March 13, 2020. A cause of action that accrued before March
282	282	13, 2020, is governed by the law applicable to the cause of action
283	283	immediately before the effective date of this Act, and that law is
284	284	continued in effect for that purpose.
285	285	SECTION 19. This Act takes effect immediately if it
286	286	receives a vote of two-thirds of all the members elected to each
287	287	house, as provided by Section 39, Article III, Texas Constitution.
288	288	If this Act does not receive the vote necessary for immediate
289	289	effect, this Act takes effect September 1, 2021.