By: Vasut H.B. No. 4125
A BILL TO BE ENTITLED
AN ACT
relating to state and local government responses to disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.004, Government Code, is amended by
amending Subdivisions (1) and (3) and adding Subdivisions (3-a) and
(3-b) to read as follows:
(1) "Disaster" means the occurrence or imminent threat
of widespread or severe damage, injury, or loss of life or property
resulting from any natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other
water contamination, volcanic activity, epidemic emergency, air
contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, extreme heat or cold,
cybersecurity event, [other public calamity requiring emergency
action], or energy emergency.
(3) "Energy emergency" means a temporary statewide,
regional, or local shortage of petroleum, natural gas, or liquid
fuel energy supplies or electricity generation that makes emergency
measures necessary to reduce demand or allocate supply.
(3-a) "Epidemic emergency" means the occurrence or
imminent threat of an outbreak of a communicable disease in this
state that threatens widespread or severe damage, injury, or loss
of life or property in this state resulting from any natural or
man-made cause related to the outbreak. An epidemic emergency does
not mean the occurrence or imminent threat of an outbreak of an
communicable disease for which there is widespread availability of
an effective vaccine against infection.
(3-b) "Communicable disease" has the meaning assigned
by Section 81.003, Health and Safety Code.
SECTION 2. Section 418.006, Government Code, is amended to
read as follows:
Sec. 418.006. CIVIL LIABILITY.
(a) An officer or employee of a state or local agency, or a
volunteer acting at the direction of an officer or employee of a
state or local agency, is considered for purposes of Section
437.222 to be a member of the Texas military forces ordered into
active service of the state by proper authority and is considered to
be discharging a duty in that capacity if the person is performing
an activity related to sheltering or housing individuals in
connection with the evacuation of an area stricken or threatened by
disaster.
(b) A business or an entity operating during a disaster for
an epidemic emergency is not liable for an injury caused by exposing
or potentially exposing an individual to a disease if on the date of
the exposure or potential exposure:
(1) the business or entity is authorized to do
business in this state; and
(2) the act or omission giving rise to the exposure or
potential exposure was not wilful, reckless, or grossly negligent.
(c) A person who provides goods or renders services during a
disaster in support of disaster response efforts and at the request
of the governor or the governor's designee is not liable for an
injury caused by the goods or services, regardless of the
circumstances, so long as the act or omission giving rise to the
injury was not wilful, reckless, grossly negligent, or inconsistent
with a limit specified in the governor's request.
SECTION 3. Subchapter A, Chapter 418, Government Code, is
amended by adding Section 418.007 to read as follows:
Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
person has standing to file suit in a court of this state to
challenge a provision of an order issued by the governor or the
presiding officer of the governing body of a political subdivision
that relates to a declared state of disaster if the provision in the
order is alleged to cause injury to the person or burden a right of
the person that is protected by the state or federal constitution or
by a state or federal law.
(b) The issuer of the order has the burden of proving the
challenged provision in the order:
(1) mitigates a threat to the public caused by the
disaster; and
(2) is the least restrictive means of mitigating the
threat.
(c) The court shall enter a judgment invalidating the
challenged provision in the order if the court finds the issuer of
the order has not satisfied the burden imposed under Subsection
(b).
SECTION 4. Section 418.012, Government Code, is amended to
read as follows:
Sec. 418.012. EXECUTIVE ORDERS.
(a) The [Under this chapter, the] governor and the presiding
officer of a political subdivision may issue executive orders,
proclamations, and regulations consistent with the provisions of
this chapter and amend or rescind them. [Executive orders,
proclamations, and regulations have the force and effect of law.]
(b) In the event of a conflict between executive orders,
proclamations, or regulations enacted pursuant to this chapter by
the governor and a presiding officer of a political subdivision, an
executive order, proclamation, or regulation enacted by the
governor controls.
(c) Unless expressly authorized by statute, the governor
and the president officer of a governing body of a political
subdivision may not issue an executive order, proclamation, or
regulation that:
(1) requires a person other than a public employee or
licensed professional providing medical services to wear a mask or
personal protective equipment during a declared state of disaster;
(2) prohibits or limits a person from attending or
participating in a religious service or activity;
(3) violates Chapter 110, Civil Practice and Remedies
Code or the Religious Freedom Restoration Act of 1993 (42 U.S.C.
2000bb et seq.);
(4) prohibits or limits the sale, dispensing, or
transportation of firearms or ammunition;
(5) alters any voting standard, practice, or
procedure; or
(6) restricts the otherwise lawful operation of a
business or industry or the activities of an individual by
distinguishing between essential and nonessential services
provided or obtained by the business, industry, or individual.
SECTION 5. Subchapter B, Chapter 418, Government Code, is
amended by adding Section 418.0125 to read as follows:
Sec. 418.0125. LIMIT ON ASSESSMENT OF FEES. (a) If the
governor issues an executive order, proclamation, or regulation
during a declared state of disaster that restricts the operation of
a business or nonprofit entity or a category of businesses, a
business or nonprofit entity whose operation is restricted by the
order, proclamation, or regulation may not be assessed any fee,
including a licensing fee, by this state during the time the
operation of the business or nonprofit entity is restricted by the
order, proclamation, or regulation.
(b) If a business or nonprofit entity paid an annual fee or
other fee in advance to this state for the business's or nonprofit
entity's operations, the business or nonprofit entity is entitled
to a pro rata refund of the fee for the period of time its operations
were restricted by an executive order, proclamation, or regulation
of the governor described by Subsection (a).
(c) A business or nonprofit entity may opt to have the
amount of any refund due under this section credited toward a future
fee requirement.
SECTION 6. Section 418.014, Government Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) A state of disaster may not continue for more than 30
days unless renewed by the governor. A state of disaster for an
epidemic emergency, energy emergency, or any man-made cause
affecting more than half the counties of this state may not continue
for more than 60 days unless renewed by the legislature. In no case
may a state of disaster continue for longer than 180 days unless
renewed by the legislature. The legislature [by law] may terminate
a state of disaster at any time. On termination by the legislature,
the governor shall issue an executive order ending the state of
disaster.
(c-1) The governor may not declare a state of disaster based
on the same or a substantially similar finding for which a state of
disaster was declared under Subsection (a) by the governor within
the preceding 12 months.
SECTION 7. Section 418.0155, Government Code, is amended to
read as follows:
Sec. 418.0155. SUSPENSION LIST. (a) The governor's
office, using existing resources, shall compile and maintain a
comprehensive list of state agency [regulatory statutes and] rules
that may require suspension during a disaster.
(b) On request by the governor's office, a state agency that
would be impacted by the suspension of a [statute or] rule on the
list compiled under Subsection (a) shall review the list for
accuracy and shall advise the governor's office regarding any
[statutes or] rules that should be added to the list.
SECTION 8. Section 418.016, Government Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-1) to
read as follows:
Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES AND
REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS.
(a) The governor may not suspend 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 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 or prompt response in coping with a disaster.
(a-1) During a state of disaster declared by the governor
and notwithstanding any other law, the contracting requirements in
Subtitle D, Title 10, that inhibit or prevent prompt response to a
disaster do not apply to a state agency in contracting for goods or
services related to the declared state of disaster.
(e) On request of a political subdivision, the governor may
waive or suspend a deadline imposed by [a statute or] the orders or
rules of a state agency on the political subdivision, including a
deadline relating to a budget or ad valorem tax, if the waiver or
suspension is reasonably necessary to cope with a disaster.
SECTION 9. Section 418.019, Government Code, is repealed.
SECTION 10. Section 418.020, Government Code, is amended by
amending Subsection (c) to read as follows:
(c) Under regulations prescribed by the governor, the
governor may temporarily suspend or modify for a period of not more
than 60 days any public health, safety, zoning, intrastate
transportation, or other [law or] regulation if by proclamation the
governor considers the suspension or modification essential to
provide temporary housing or emergency shelter for disaster
victims.
SECTION 11. Section 418.042, Government Code, is amended by
amending Subsection (c) to read as follows:
(c) All or part of the state emergency management plan may
be incorporated into regulations of the division or executive
orders [that have the force and effect of law].
SECTION 12. Subchapter E, Chapter 418, Government Code, is
amended by adding Section 418.1081 to read as follows:
Sec. 418.1081. LIMIT ON ASSESSMENT OF FEES DURING DECLARED
LOCAL DISASTER. (a) If the presiding officer of the governing body
of a political subdivision issues an order or proclamation during a
declared local state of disaster that restricts the operation of a
business or nonprofit entity or a category of businesses, a
business or nonprofit entity whose operation is restricted by the
order or proclamation may not be assessed any fee, including a
permit fee, by the political subdivision during the time the
operation of the business or nonprofit entity is restricted by the
order or proclamation.
(b) If a business or nonprofit entity paid an annual fee or
other fee in advance to a political subdivision for the business's
or nonprofit entity's operations, the business or nonprofit entity
is entitled to a pro rata refund of the fee for the period of time
its operations were restricted by an order or proclamation of the
political subdivision described by Subsection (a).
(c) A business or nonprofit entity may opt to have the
amount of any refund due under this section credited toward a future
fee requirement.
SECTION 13. Section 418.173, Government Code, is amended to
read as follows:
Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT
PLAN. (a) A state, local, or interjurisdictional emergency
management plan may provide that the intentional or knowing
violation of a state, local, or interjurisdictional emergency
management plan [failure to comply with the plan] or [with] a rule,
order, or ordinance adopted under the plan is an offense.
(b) The plan may prescribe a fine-only punishment for the
offense in an amount that does not exceed $500.00 [but may not
prescribe a fine that exceeds $1,000 or confinement in jail for a
term that exceeds 180 days].
SECTION 14. Section 433.001, Government Code, is amended to
read as follows:
Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
application of the chief executive officer or governing body of a
county or municipality during an emergency, the governor may
proclaim a state of emergency and designate the area involved. For
the purposes of this section an emergency exists in the following
situations:
(1) a riot or unlawful assembly by three or more
persons acting together by use of force or violence;
(2) if a clear and present danger of the use of
violence exists; or
(3) a natural or man-made disaster for which a state of
disaster has not been declared by the governor pursuant to Chapter
418.
SECTION 15. Section 433.002, Government Code, is amended by
amending Subsection (b) to read as follows:
(b) The directive may provide for:
(1) control of public and private transportation in
the affected area;
(2) designation of specific zones in the affected area
in which, if necessary, the use and occupancy of buildings and
vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly; and
(5) establishment of curfews[;
(6) control of the sale, transportation, and use of
alcoholic beverages, weapons, and ammunition, except as provided by
Section 433.0045; and
(7) control of the storage, use, and transportation of
explosives or flammable materials considered dangerous to public
safety].
SECTION 16. Section 81.082, Health and Safety Code, is
amended by amending Subsection (d) to read as follows:
(d) A declaration of a public health disaster may continue
for not more than 30 days unless renewed by the legislature. [A
public health disaster may be renewed one time by the commissioner
for an additional 30 days.]
SECTION 17. Section 51.408, Occupations Code, is amended by
amending Subsection (b) to read as follows:
(b) An emergency license issued under this section expires
on the date indicated by the executive director, but not later than
the 90th day after the date the license is issued. If the governor
declares a [an extended] state of disaster that is renewed under
Section 418.014, Government Code, the executive director may extend
the term of an emergency license to an expiration date after the
90th day after the date the license was issued.
SECTION 18. Subsections 418.006(b-c), Government Code,
added by this Act, apply only to a cause of action that accrued on or
after March 13, 2020. A cause of action that accrued before March
13, 2020, is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 19. 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.