| 1 | 1 | | 87R3744 YDB-D |
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| 2 | 2 | | By: Slawson H.B. No. 4482 |
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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 establishment of the Emergency Powers Board and its |
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| 8 | 8 | | powers during a declared state of disaster or public health |
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| 9 | 9 | | disaster. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 418, Government Code, is |
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| 12 | 12 | | amended by adding Section 418.007 to read as follows: |
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| 13 | 13 | | Sec. 418.007. EMERGENCY POWERS BOARD. (a) The Emergency |
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| 14 | 14 | | Powers Board is established to provide oversight during a declared |
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| 15 | 15 | | state of disaster, including a public health disaster declared as |
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| 16 | 16 | | provided by Chapter 81, Health and Safety Code. |
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| 17 | 17 | | (b) The board is composed of: |
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| 18 | 18 | | (1) the governor; |
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| 19 | 19 | | (2) the lieutenant governor; |
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| 20 | 20 | | (3) the speaker of the house of representatives; |
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| 21 | 21 | | (4) the chair of the committee of the senate with |
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| 22 | 22 | | primary jurisdiction over state affairs; and |
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| 23 | 23 | | (5) the chair of the committee of the house of |
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| 24 | 24 | | representatives with primary jurisdiction over state affairs. |
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| 25 | 25 | | (c) On or after the eighth day after the date the governor |
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| 26 | 26 | | issues an executive order, proclamation, or regulation under this |
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| 27 | 27 | | chapter, including an order, proclamation, or regulation related to |
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| 28 | 28 | | a public health disaster declared as provided by Chapter 81, Health |
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| 29 | 29 | | and Safety Code, the board by majority vote may set an expiration |
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| 30 | 30 | | date for the order, proclamation, or regulation. |
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| 31 | 31 | | (d) Notwithstanding Chapter 551 or any other law, the board |
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| 32 | 32 | | may meet by telephone conference call, videoconference, or other |
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| 33 | 33 | | similar telecommunication method. A meeting held by telephone |
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| 34 | 34 | | conference call, videoconference, or other similar |
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| 35 | 35 | | telecommunication method is subject to the requirements of Sections |
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| 36 | 36 | | 551.125(c), (d), (e), and (f). |
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| 37 | 37 | | (e) If an executive order, proclamation, or regulation |
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| 38 | 38 | | issued by the governor has as an expiration date set by the governor |
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| 39 | 39 | | and not modified by the board a date that is on or after the 22nd day |
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| 40 | 40 | | after the date the order, proclamation, or regulation is issued, |
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| 41 | 41 | | the governor shall convene the legislature in special session to |
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| 42 | 42 | | determine whether any legislation is necessary to implement, |
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| 43 | 43 | | modify, or repeal the order, proclamation, or regulation. |
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| 44 | 44 | | SECTION 2. This Act takes effect January 1, 2022, but only |
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| 45 | 45 | | if the constitutional amendment proposed by the 87th Legislature, |
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| 46 | 46 | | Regular Session, 2021, requiring the governor to call the |
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| 47 | 47 | | legislature into special session following certain disaster or |
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| 48 | 48 | | emergency declarations and specifying the powers of the legislature |
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| 49 | 49 | | in those special sessions is approved by the voters. If that |
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| 50 | 50 | | amendment is not approved by the voters, this Act has no effect. |
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