87R3744 YDB-D
By: Springer S.B. No. 422
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Emergency Powers Board and its
powers during a declared state of disaster or public health
disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 418, Government Code, is
amended by adding Section 418.007 to read as follows:
Sec. 418.007. EMERGENCY POWERS BOARD. (a) The Emergency
Powers Board is established to provide oversight during a declared
state of disaster, including a public health disaster declared as
provided by Chapter 81, Health and Safety Code.
(b) The board is composed of:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the chair of the committee of the senate with
primary jurisdiction over state affairs; and
(5) the chair of the committee of the house of
representatives with primary jurisdiction over state affairs.
(c) On or after the eighth day after the date the governor
issues an executive order, proclamation, or regulation under this
chapter, including an order, proclamation, or regulation related to
a public health disaster declared as provided by Chapter 81, Health
and Safety Code, the board by majority vote may set an expiration
date for the order, proclamation, or regulation.
(d) Notwithstanding Chapter 551 or any other law, the board
may meet by telephone conference call, videoconference, or other
similar telecommunication method. A meeting held by telephone
conference call, videoconference, or other similar
telecommunication method is subject to the requirements of Sections
551.125(c), (d), (e), and (f).
(e) If an executive order, proclamation, or regulation
issued by the governor has as an expiration date set by the governor
and not modified by the board a date that is on or after the 22nd day
after the date the order, proclamation, or regulation is issued,
the governor shall convene the legislature in special session to
determine whether any legislation is necessary to implement,
modify, or repeal the order, proclamation, or regulation.
SECTION 2. This Act takes effect January 1, 2022, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, requiring the governor to call the
legislature into special session following certain disaster or
emergency declarations and specifying the powers of the legislature
in those special sessions is approved by the voters. If that
amendment is not approved by the voters, this Act has no effect.