By: Birdwell, et al. S.B. No. 1025
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the legislature and governor with
respect to certain disaster or emergency declarations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 418, Government Code, is
amended by adding Section 418.0125 to read as follows:
Sec. 418.0125. POWER RESERVED TO LEGISLATURE. (a)
Notwithstanding any other law, during a declared state of disaster
described by Section 8(c), Article IV, Texas Constitution, only the
legislature has the authority to:
(1) suspend a provision in the Code of Criminal
Procedure, Election Code, or Penal Code to appropriately respond to
the disaster;
(2) restrict or impair the operation or occupancy of
businesses or places of worship in this state by category or region
to appropriately respond to the disaster; or
(3) renew or extend the governor's state of disaster
declaration.
(b) The governor by proclamation shall convene the
legislature in special session to respond to a declared state of
disaster if the governor finds that the authority of the
legislature under Subsection (a) should be exercised and the
legislature is not convened in regular or special session.
SECTION 2. Section 418.014, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (c-1) to
read as follows:
(b) Except as provided by Subsection (c) or (c-1), the state
of disaster continues until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the
extent that emergency conditions no longer exist; and
(2) terminates the state of disaster by executive
order.
(c) A state of disaster may not continue for more than 30
days unless renewed by the governor, subject to Subsection (c-1).
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) If the governor finds that a state of disaster
described by Section 8(c), Article IV, Texas Constitution, requires
renewal and the legislature is not convened in regular or special
session, the governor by proclamation shall convene the legislature
in special session to renew, extend, or otherwise respond to the
state of disaster. The governor may not declare a new state of
disaster based on the same or a substantially similar finding as a
prior state of disaster subject to this subsection that was
terminated or not renewed by the legislature.
SECTION 3. Section 418.016(a), Government Code, is amended
to read as follows:
(a) Subject to Section 418.0125, the [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 in
coping with a disaster.
SECTION 4. Section 418.019, Government Code, is repealed.
SECTION 5. Section 433.002, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Subject to Section 433.0025, the [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.[;]
(b-1) Notwithstanding Section 433.0025, the directive may
also provide for:
(1) [(6)] control of the sale, transportation, and use
of alcoholic beverages, weapons, and ammunition, except as provided
by Section 433.0045; and
(2) [(7)] control of the storage, use, and
transportation of explosives or flammable materials considered
dangerous to public safety.
SECTION 6. Chapter 433, Government Code, is amended by
adding Section 433.0025 to read as follows:
Sec. 433.0025. POWER RESERVED TO LEGISLATURE. (a)
Notwithstanding Section 433.002 or any other law, during a state of
emergency described by Section 8(c), Article IV, Texas
Constitution, only the legislature has the authority to:
(1) suspend a provision in the Code of Criminal
Procedure, Election Code, or Penal Code to appropriately respond to
the emergency; or
(2) restrict or impair the operation or occupancy of
businesses or places of worship in this state by category or region
to appropriately respond to the emergency except as expressly
provided by Subsection (b-1) of Section 433.002.
(b) The governor by proclamation shall convene the
legislature in special session to respond to a state of emergency
described by Section 8(c), Article IV, Texas Constitution, if the
governor finds that the authority of the legislature under
Subsection (a) should be exercised and the legislature is not
convened in regular or special session.
SECTION 7. Section 433.003, Government Code, is amended by
amending Subsections (a) and (b) and by adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), a directive expires 72 hours after the time of proclamation of
the state of emergency for which it was issued.
(b) The governor by proclamation may terminate or set a
shorter period for a directive issued under Subsection (b) of
Section 433.002. The governor may proclaim successive states of
emergency, each not exceeding 72 hours, as necessary to protect
health, life, and property in the affected area, and may extend a
directive issued under Subsection (b) of Section 433.002 from one
state of emergency to the next.
(c) The governor by proclamation may terminate or set a
shorter period for a directive issued under Subsection (b-1) of
Section 433.002. In any case, a directive issued under Subsection
(b-1) of Section 433.002 shall expire no later than 9 days after the
time of proclamation of the state of emergency for which it was
issued.
SECTION 8. The changes in law made by this Act apply only to
an order, proclamation, or regulation issued on or after the
effective date of this Act.
SECTION 9. This Act takes effect December 1, 2021, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, regarding the powers of the governor and the
legislature following certain disaster or emergency declarations
is approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.