Texas 2021 - 87th Regular

Texas Senate Bill SB1025

Caption

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Impact

The implementation of SB 1025 modifies existing practices related to disaster declarations and emergency management. By limiting the powers of the governor, the bill aims to ensure that responses to emergencies are managed collaboratively between state and local governments. Moreover, it lays the groundwork for better coordination during disaster scenarios, promoting a unified response strategy across the state. Local governments will still retain the ability to declare local disasters, but these declarations cannot conflict with state-level proclamations under this bill.

Summary

Senate Bill 1025 focuses on the delineation of powers between the legislature and the governor during states of disaster and emergencies. The bill specifies that during a declared state of emergency, the legislature retains the exclusive authority to restrict or impair the operation of businesses based on categories or regions, ensuring a legislative response is mandated for business operations in emergencies. This is intended as a control mechanism to curb executive overreach during emergencies and ensure that legislative oversight remains intact.

Sentiment

The sentiment around SB 1025 appears mixed. Supporters argue that it is a necessary measure to restore balance in the power dynamics of state governance, especially highlighted by controversies during the COVID-19 pandemic when some argued that executive powers were too broadly exercised. Critics, however, express concerns about potential delays in response times during emergencies, suggesting that legislative processes might hinder timely action needed to address crises effectively.

Contention

A key point of contention within debates about SB 1025 is the balance of authority. Proponents see the bill as vital for maintaining legislative checks on the executive branch's powers, particularly during emergencies. Conversely, opponents worry that requiring legislative involvement for actions traditionally taken by governors could lead to bureaucratic delays and inefficiencies, undermining swift disaster response efforts. The bill’s future implementation also hinges on the approval of a related constitutional amendment, introducing an additional layer of uncertainty around its potential effects.

Companion Bills

TX SJR45

Enabling for Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

Similar Bills

CA SB209

State of emergency: termination after 45 days: extension by the Legislature.

CA SB1368

State of emergency: termination after 45 days: extension by the Legislature.

CA AB1075

State of emergency: Governor’s powers and termination.

CA AB69

State of emergency: termination after 60 days: extension by the Legislature.

CA AB2902

State of emergency: termination after 30 days: extension by the Legislature.

AZ HCR2039

Governor; emergency powers

HI HB1420

Proposing To Amend Sections Of Article V Of The Hawaii State Constitution.

CA AB580

Commutations of sentence.