Texas 2021 - 87th Regular

Texas Senate Bill SB1025 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell, et al. S.B. No. 1025
	2	+	(In the Senate - Filed March 4, 2021; March 18, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 6, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 6, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1025 By: Birdwell
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the authority of the legislature, governor, and certain
7	14		political subdivisions with respect to disasters and emergencies.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 418.002, Government Code, is amended to
10	17		read as follows:
11	18		Sec. 418.002. PURPOSES. The purposes of this chapter are
12	19		to:
13	20		(1) reduce vulnerability of people and communities of
14	21		this state to damage, injury, and loss of life and property
15	22		resulting from natural or man-made disasters [catastrophes, riots,
16	23		or hostile military or paramilitary action];
17	24		(2) prepare for prompt and efficient rescue, care, and
18	25		treatment of persons victimized or threatened by disaster;
19	26		(3) provide a setting conducive to the rapid and
20	27		orderly restoration and rehabilitation of persons and property
21	28		affected by disasters;
22	29		(4) clarify and strengthen the roles of the governor,
23	30		state agencies, the judicial branch of state government, and local
24	31		governments in prevention of, preparation for, response to, and
25	32		recovery from disasters;
26	33		(5) authorize and provide for cooperation in disaster
27	34		mitigation, preparedness, response, and recovery;
28	35		(6) authorize and provide for coordination of
29	36		activities relating to disaster mitigation, preparedness,
30	37		response, and recovery by agencies and officers of this state, and
31	38		similar state-local, interstate, federal-state, and foreign
32	39		activities in which the state and its political subdivisions may
33	40		participate;
34	41		(7) provide an emergency management system embodying
35	42		all aspects of predisaster preparedness and postdisaster response;
36	43		(8) assist in mitigation of disasters caused or
37	44		aggravated by inadequate planning for and regulation of public and
38	45		private facilities and land use;
39	46		(9) encourage state agencies, local governments,
40	47		nongovernmental organizations, private entities, and individuals
41	48		to adopt the goals of the strategic plan of the Federal Emergency
42	49		Management Agency for preparing for, responding to, and recovering
43	50		from a disaster that emphasize cooperation among federal agencies,
44	51		state agencies, local governments, nongovernmental organizations,
45	52		private entities, and individuals in each activity or project
46	53		undertaken to ensure that this state is prepared to effectively
47	54		respond to and recover from a disaster; and
48	55		(10) provide the authority and mechanism to respond to
49	56		an energy emergency.
50	57		SECTION 2. Section 418.004(1), Government Code, is amended
51	58		to read as follows:
52	59		(1) "Disaster" means the occurrence or imminent threat
53	60		of widespread or severe damage, injury, or loss of life or property
54	61		resulting from any natural or man-made cause not related to the use
55	62		of force or violence such as civil unrest, riots, or insurrection.
56	63		The term includes[, including] fire, flood, earthquake, wind,
57	64		storm, wave action, oil spill or other water contamination,
58	65		volcanic activity, epidemic, air contamination, blight, drought,
59	66		infestation, explosion, [riot, hostile military or paramilitary
60	67		action,] extreme heat, cybersecurity event, other public calamity
61	68		requiring emergency action, or energy emergency.
62	69		SECTION 3. Subchapter B, Chapter 418, Government Code, is
63	70		amended by adding Section 418.0125 to read as follows:
64	71		Sec. 418.0125. CERTAIN POWER RELATED TO BUSINESSES RESERVED
65	72		TO LEGISLATURE. (a) Notwithstanding any other law, during a
66	73		declared state of disaster, only the legislature has the authority
67	74		to restrict or impair the operation or occupancy of businesses in
68	75		this state by category or region to appropriately respond to the
69		-	disaster. The legislature may only exercise the authority granted
70		-	by this subsection in a county after consulting with the county
71		-	judge of each county impacted by the disaster.
	76	+	disaster.
72	77		(b) The governor by proclamation shall convene the
73	78		legislature in special session to respond to a declared state of
74	79		disaster if the governor finds that the authority of the
75	80		legislature under Subsection (a) should be exercised and the
76	81		legislature is not convened in regular or special session.
77	82		SECTION 4. Section 418.014, Government Code, is amended by
78	83		amending Subsections (b) and (c) and adding Subsection (c-1) to
79	84		read as follows:
80	85		(b) Except as provided by Subsection (c) or (c-1), the state
81	86		of disaster continues until the governor:
82	87		(1) finds that:
83	88		(A) the threat or danger has passed; or
84	89		(B) the disaster has been dealt with to the
85	90		extent that emergency conditions no longer exist; and
86	91		(2) terminates the state of disaster by executive
87	92		order.
88	93		(c) A state of disaster may not continue for more than 30
89	94		days unless renewed by the governor, subject to Subsection (c-1).
90	95		The legislature by law may terminate a state of disaster at any
91	96		time. On termination by the legislature, the governor shall issue
92	97		an executive order ending the state of disaster.
93	98		(c-1) If the governor finds that a state of disaster
94	99		described by Section 8(c), Article IV, Texas Constitution, requires
95	100		renewal and the legislature is not convened in regular or special
96	101		session, the governor by proclamation shall convene the legislature
97	102		in special session to renew, extend, or otherwise respond to the
98	103		state of disaster. The governor may not declare a new state of
99	104		disaster based on the same or a substantially similar finding as a
100	105		prior state of disaster subject to this subsection that was
101	106		terminated or not renewed by the legislature.
102	107		SECTION 5. Section 418.0155, Government Code, is amended by
103	108		adding Subsections (c) and (d) to read as follows:
104	109		(c) The governor's office shall publish the list compiled
105	110		under Subsection (a) on the office's Internet website.
106	111		(d) Each state agency impacted by the suspension of a
107	112		statute or rule on the list compiled under Subsection (a) shall
108	113		publish on the agency's Internet website a list of those statutes
109	114		and rules. The agency's list must be:
110	115		(1) posted or updated within 24 hours of any
111	116		suspension; and
112	117		(2) accessible by selecting or viewing not more than
113	118		two Internet web pages after accessing the agency's Internet home
114	119		page.
115	120		SECTION 6. Section 418.016(a), Government Code, is amended
116	121		to read as follows:
117	122		(a) Subject to Sections 418.0125 and 418.0165, the [The]
118	123		governor may suspend the provisions of any regulatory statute
119	124		prescribing the procedures for conduct of state business or the
120	125		orders or rules of a state agency if strict compliance with the
121	126		provisions, orders, or rules would in any way prevent, hinder, or
122	127		delay necessary action in coping with a disaster.
123	128		SECTION 7. Subchapter B, Chapter 418, Government Code, is
124	129		amended by adding Section 418.0165 to read as follows:
125	130		Sec. 418.0165. LIMITATION ON POWER TO SUSPEND LAWS OR
126	131		RULES. (a) Notwithstanding any provision of this chapter, the
127	132		governor may not suspend:
128	133		(1) a provision of this chapter or Chapter 433; or
129	134		(2) a law or rule related to the application of Chapter
130	135		325 (Texas Sunset Act), the suspension of which results in the
131	136		continuation of a state agency beyond the date prescribed in
132	137		statute for the abolishment of the agency.
133		-	(b) Except as provided by Subsection (d), the governor may
134		-	suspend a provision of the Code of Criminal Procedure, Election
135		-	Code, or Penal Code only during the first 30 days of a declared
136		-	state of disaster.
	138	+	(b) The governor may suspend a provision of the Code of
	139	+	Criminal Procedure, Election Code, or Penal Code only during the
	140	+	first 30 days of a declared state of disaster.
137	141		(c) If the governor finds that a suspension authorized by
138	142		Subsection (b) should be continued for more than 30 days and the
139	143		legislature is not convened in regular or special session, the
140	144		governor by proclamation shall convene the legislature in special
141	145		session to respond to a state of disaster.
142		-	(d) Except as provided by this subsection, the governor may
143		-	not suspend a provision of the Election Code related to the
144		-	qualifications or procedures for early voting by mail or to the
145		-	procedures for accepting a voter during any voting period,
146		-	including procedures related to voter identification, residency,
147		-	and signature requirements, except that the governor may suspend
148		-	Section 86.006(a-1), Election Code, only for the purpose of
149		-	allowing a voter registered to vote at an address located in a
150		-	disaster area to deliver a marked ballot voted under Section
151		-	86.006(a-1) to the early voting clerk's office on or before
152		-	election day. This subsection does not prohibit the governor from
153		-	suspending a provision of the Election Code to extend the voting
154		-	period for early voting by mail as necessary to address the declared
155		-	disaster.
156	146		SECTION 8. Subchapter B, Chapter 418, Government Code, is
157	147		amended by adding Section 418.027 to read as follows:
158	148		Sec. 418.027. PREEMPTION OF DECLARATION OF LOCAL DISASTER.
159	149		A declaration of local disaster issued under Subchapter E may not
160	150		conflict with, or expand or limit the scope of, a declaration of
161	151		disaster issued under this subchapter unless expressly authorized
162	152		by a proclamation or executive order issued by the governor under
163	153		this chapter.
164	154		SECTION 9. Section 433.001, Government Code, is amended to
165	155		read as follows:
166	156		Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
167	157		application of the chief executive officer or governing body of a
168	158		county or municipality during an emergency, the governor may
169	159		proclaim a state of emergency and designate the area involved. For
170	160		the purposes of this section an emergency exists in the following
171	161		situations:
172	162		(1) a riot or unlawful assembly by three or more
173	163		persons acting together by use of force or violence;
174	164		(2) if a clear and present danger of the use of force
175	165		or violence exists; or
176	166		(3) a natural or man-made disaster related to the use
177	167		of force or violence such as civil unrest or insurrection.
178	168		SECTION 10. Section 433.002, Government Code, is amended by
179	169		amending Subsection (b) and adding Subsection (d) to read as
180	170		follows:
181	171		(b) Subject to Section 433.0025, the [The] directive may
182	172		provide for:
183	173		(1) control of public and private transportation in
184	174		the affected area;
185	175		(2) designation of specific zones in the affected area
186	176		in which, if necessary, the use and occupancy of buildings and
187	177		vehicles may be controlled;
188	178		(3) control of the movement of persons;
189	179		(4) control of places of amusement or assembly;
190	180		(5) establishment of curfews;
191	181		(6) control of the sale, transportation, and use of
192	182		alcoholic beverages, weapons, and ammunition, except as provided by
193	183		Section 433.0045; and
194	184		(7) control of the storage, use, and transportation of
195	185		explosives or flammable materials considered dangerous to public
196	186		safety.
197	187		(d) A directive issued under this section applies only
198	188		within the jurisdictional boundaries of the county or municipality
199	189		for which an application was made under Section 433.001.
200	190		SECTION 11. Chapter 433, Government Code, is amended by
201	191		adding Section 433.0025 to read as follows:
202	192		Sec. 433.0025. CERTAIN POWER RELATED TO BUSINESSES RESERVED
203	193		TO LEGISLATURE. (a) During a state of emergency, only the
204	194		legislature has the authority to restrict or impair the operation
205	195		or occupancy of businesses in this state by category or region to
206	196		appropriately respond to the emergency.
207	197		(b) The governor by proclamation shall convene the
208	198		legislature in special session to respond to a state of emergency if
209	199		the governor finds that the authority of the legislature under
210	200		Subsection (a) should be exercised and the legislature is not
211	201		convened in regular or special session.
212	202		SECTION 12. Section 418.019, Government Code, is repealed.
213	203		SECTION 13. The changes in law made by this Act apply only
214	204		to an order, proclamation, regulation, or directive issued on or
215	205		after the effective date of this Act.
216	206		SECTION 14. This Act takes effect December 1, 2021, but only
217	207		if the constitutional amendment proposed by S.J.R. No. 45, 87th
218	208		Legislature, Regular Session, 2021, or a similar constitutional
219	209		amendment proposed at that session regarding the powers of the
220	210		governor and the legislature following certain disaster or
221	211		emergency declarations is approved by the voters. If such an
222	212		amendment is not approved by the voters, this Act has no effect.
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