Texas 2021 - 87th 1st C.S.

Texas House Bill HB173 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Vasut H.B. No. 173
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to state and local government responses to disasters.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 418.004, Government Code, is amended by
9	9	amending Subdivisions (1) and (3) and adding Subdivisions (3-a) and
10	10	(3-b) to read as follows:
11	11	(1) "Disaster" means the occurrence or imminent threat
12	12	of widespread or severe damage, injury, or loss of life or property
13	13	resulting from any natural or man-made cause, including fire,
14	14	flood, earthquake, wind, storm, wave action, oil spill or other
15	15	water contamination, volcanic activity, epidemic emergency, air
16	16	contamination, blight, drought, infestation, explosion, riot,
17	17	hostile military or paramilitary action, extreme heat or cold,
18	18	cybersecurity event, [other public calamity requiring emergency
19	19	action], or energy emergency.
20	20	(3) "Energy emergency" means a temporary statewide,
21	21	regional, or local shortage of petroleum, natural gas, or liquid
22	22	fuel energy supplies or electricity generation that makes emergency
23	23	measures necessary to reduce demand or allocate supply.
24	24	(3-a) "Epidemic emergency" means the occurrence or
25	25	imminent threat of an outbreak of a communicable disease in this
26	26	state that threatens widespread or severe damage, injury, or loss
27	27	of life or property in this state resulting from any natural or
28	28	man-made cause related to the outbreak. An epidemic emergency does
29	29	not mean the occurrence or imminent threat of an outbreak of an
30	30	communicable disease for which there is widespread availability of
31	31	an effective vaccine against infection.
32	32	(3-b) "Communicable disease" has the meaning assigned
33	33	by Section 81.003, Health and Safety Code.
34	34	SECTION 2. Section 418.006, Government Code, is amended to
35	35	read as follows:
36	36	Sec. 418.006. CIVIL LIABILITY. (a) An officer or employee
37	37	of a state or local agency, or a volunteer acting at the direction
38	38	of an officer or employee of a state or local agency, is considered
39	39	for purposes of Section 437.222 to be a member of the Texas military
40	40	forces ordered into active service of the state by proper authority
41	41	and is considered to be discharging a duty in that capacity if the
42	42	person is performing an activity related to sheltering or housing
43	43	individuals in connection with the evacuation of an area stricken
44	44	or threatened by disaster.
45	45	(b) A business or an entity operating during a disaster for
46	46	an epidemic emergency is not liable for an injury caused by exposing
47	47	or potentially exposing an individual to a disease if on the date of
48	48	the exposure or potential exposure:
49	49	(1) the business or entity is authorized to do
50	50	business in this state; and
51	51	(2) the act or omission giving rise to the exposure or
52	52	potential exposure was not wilful, reckless, or grossly negligent.
53	53	(c) A person who provides goods or renders services during a
54	54	disaster in support of disaster response efforts and at the request
55	55	of the governor or the governor's designee is not liable for an
56	56	injury caused by the goods or services, regardless of the
57	57	circumstances, so long as the act or omission giving rise to the
58	58	injury was not wilful, reckless, grossly negligent, or inconsistent
59	59	with a limit specified in the governor's request.
60	60	SECTION 3. Subchapter A, Chapter 418, Government Code, is
61	61	amended by adding Section 418.007 to read as follows:
62	62	Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
63	63	person has standing to file suit in a court of this state to
64	64	challenge a provision of an order issued by the governor or the
65	65	presiding officer of the governing body of a political subdivision
66	66	that relates to a declared state of disaster if the provision in the
67	67	order is alleged to cause injury to the person or burden a right of
68	68	the person that is protected by the state or federal constitution or
69	69	by a state or federal law.
70	70	(b) The issuer of the order has the burden of proving the
71	71	challenged provision in the order:
72	72	(1) mitigates a threat to the public caused by the
73	73	disaster; and
74	74	(2) is the least restrictive means of mitigating the
75	75	threat.
76	76	(c) The court shall enter a judgment invalidating the
77	77	challenged provision in the order if the court finds the issuer of
78	78	the order has not satisfied the burden imposed under Subsection
79	79	(b).
80	80	SECTION 4. Section 418.012, Government Code, is amended to
81	81	read as follows:
82	82	Sec. 418.012. EXECUTIVE ORDERS. (a) The [Under this
83	83	chapter, the] governor and the presiding officer of a political
84	84	subdivision may issue executive orders, proclamations, and
85	85	regulations consistent with the provisions of this chapter and
86	86	amend or rescind them. [Executive orders, proclamations, and
87	87	regulations have the force and effect of law.]
88	88	(b) In the event of a conflict between executive orders,
89	89	proclamations, or regulations enacted pursuant to this chapter by
90	90	the governor and a presiding officer of a political subdivision, an
91	91	executive order, proclamation, or regulation enacted by the
92	92	governor controls.
93	93	(c) Unless expressly authorized by statute, the governor
94	94	and the president officer of a governing body of a political
95	95	subdivision may not issue an executive order, proclamation, or
96	96	regulation that:
97	97	(1) requires a person other than a public employee or
98	98	licensed professional providing medical services to wear a mask or
99	99	personal protective equipment during a declared state of disaster;
100	100	(2) prohibits or limits a person from attending or
101	101	participating in a religious service or activity;
102	102	(3) violates Chapter 110, Civil Practice and Remedies
103	103	Code or the Religious Freedom Restoration Act of 1993 (42 U.S.C.
104	104	2000bb et seq.);
105	105	(4) prohibits or limits the sale, dispensing, or
106	106	transportation of firearms or ammunition;
107	107	(5) alters any voting standard, practice, or
108	108	procedure; or
109	109	(6) restricts the otherwise lawful operation of a
110	110	business or industry or the activities of an individual by
111	111	distinguishing between essential and nonessential services
112	112	provided or obtained by the business, industry, or individual.
113	113	SECTION 5. Subchapter B, Chapter 418, Government Code, is
114	114	amended by adding Section 418.0125 to read as follows:
115	115	Sec. 418.0125. LIMIT ON ASSESSMENT OF FEES. (a) If the
116	116	governor issues an executive order, proclamation, or regulation
117	117	during a declared state of disaster that restricts the operation of
118	118	a business or nonprofit entity or a category of businesses, a
119	119	business or nonprofit entity whose operation is restricted by the
120	120	order, proclamation, or regulation may not be assessed any fee,
121	121	including a licensing fee, by this state during the time the
122	122	operation of the business or nonprofit entity is restricted by the
123	123	order, proclamation, or regulation.
124	124	(b) If a business or nonprofit entity paid an annual fee or
125	125	other fee in advance to this state for the business's or nonprofit
126	126	entity's operations, the business or nonprofit entity is entitled
127	127	to a pro rata refund of the fee for the period of time its operations
128	128	were restricted by an executive order, proclamation, or regulation
129	129	of the governor described by Subsection (a).
130	130	(c) A business or nonprofit entity may opt to have the
131	131	amount of any refund due under this section credited toward a future
132	132	fee requirement.
133	133	SECTION 6. Section 418.014, Government Code, is amended by
134	134	amending Subsection (c) and adding Subsection (c-1) to read as
135	135	follows:
136	136	(c) A state of disaster may not continue for more than 30
137	137	days unless renewed by the governor. A state of disaster for an
138	138	epidemic emergency, energy emergency, or any man-made cause
139	139	affecting more than half the counties of this state may not continue
140	140	for more than 60 days unless renewed by the legislature. In no case
141	141	may a state of disaster continue for longer than 180 days unless
142	142	renewed by the legislature. The legislature [by law] may terminate
143	143	a state of disaster at any time. On termination by the legislature,
144	144	the governor shall issue an executive order ending the state of
145	145	disaster.
146	146	(c-1) The governor may not declare a state of disaster based
147	147	on the same or a substantially similar finding for which a state of
148	148	disaster was declared under Subsection (a) by the governor within
149	149	the preceding 12 months.
150	150	SECTION 7. Section 418.0155, Government Code, is amended to
151	151	read as follows:
152	152	Sec. 418.0155. SUSPENSION LIST. (a) The governor's
153	153	office, using existing resources, shall compile and maintain a
154	154	comprehensive list of state agency [regulatory statutes and] rules
155	155	that may require suspension during a disaster.
156	156	(b) On request by the governor's office, a state agency that
157	157	would be impacted by the suspension of a [statute or] rule on the
158	158	list compiled under Subsection (a) shall review the list for
159	159	accuracy and shall advise the governor's office regarding any
160	160	[statutes or] rules that should be added to the list.
161	161	SECTION 8. Section 418.016, Government Code, is amended by
162	162	amending Subsections (a) and (e) and adding Subsection (a-1) to
163	163	read as follows:
164	164	Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES AND
165	165	REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS.
166	166	(a) The governor may not suspend a state agency order or rule
167	167	except as specifically authorized by this chapter. The governor
168	168	may suspend [the provisions of any regulatory statute prescribing
169	169	the procedures for conduct of state business or] the orders or rules
170	170	of a state agency if strict compliance with the [provisions,]
171	171	orders[,] or rules would in any way prevent, hinder, or delay
172	172	necessary action or prompt response in coping with a disaster.
173	173	(a-1) During a state of disaster declared by the governor
174	174	and notwithstanding any other law, the contracting requirements in
175	175	Subtitle D, Title 10, that inhibit or prevent prompt response to a
176	176	disaster do not apply to a state agency in contracting for goods or
177	177	services related to the declared state of disaster.
178	178	(e) On request of a political subdivision, the governor may
179	179	waive or suspend a deadline imposed by [a statute or] the orders or
180	180	rules of a state agency on the political subdivision, including a
181	181	deadline relating to a budget or ad valorem tax, if the waiver or
182	182	suspension is reasonably necessary to cope with a disaster.
183	183	SECTION 9. Section 418.019, Government Code, is repealed.
184	184	SECTION 10. Section 418.020, Government Code, is amended by
185	185	amending Subsection (c) to read as follows:
186	186	(c) Under regulations prescribed by the governor, the
187	187	governor may temporarily suspend or modify for a period of not more
188	188	than 60 days any public health, safety, zoning, intrastate
189	189	transportation, or other [law or] regulation if by proclamation the
190	190	governor considers the suspension or modification essential to
191	191	provide temporary housing or emergency shelter for disaster
192	192	victims.
193	193	SECTION 11. Section 418.042, Government Code, is amended by
194	194	amending Subsection (c) to read as follows:
195	195	(c) All or part of the state emergency management plan may
196	196	be incorporated into regulations of the division or executive
197	197	orders [that have the force and effect of law].
198	198	SECTION 12. Subchapter E, Chapter 418, Government Code, is
199	199	amended by adding Section 418.1081 to read as follows:
200	200	Sec. 418.1081. LIMIT ON ASSESSMENT OF FEES DURING DECLARED
201	201	LOCAL DISASTER. (a) If the presiding officer of the governing body
202	202	of a political subdivision issues an order or proclamation during a
203	203	declared local state of disaster that restricts the operation of a
204	204	business or nonprofit entity or a category of businesses, a
205	205	business or nonprofit entity whose operation is restricted by the
206	206	order or proclamation may not be assessed any fee, including a
207	207	permit fee, by the political subdivision during the time the
208	208	operation of the business or nonprofit entity is restricted by the
209	209	order or proclamation.
210	210	(b) If a business or nonprofit entity paid an annual fee or
211	211	other fee in advance to a political subdivision for the business's
212	212	or nonprofit entity's operations, the business or nonprofit entity
213	213	is entitled to a pro rata refund of the fee for the period of time
214	214	its operations were restricted by an order or proclamation of the
215	215	political subdivision described by Subsection (a).
216	216	(c) A business or nonprofit entity may opt to have the
217	217	amount of any refund due under this section credited toward a future
218	218	fee requirement.
219	219	SECTION 13. Section 418.173, Government Code, is amended to
220	220	read as follows:
221	221	Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT
222	222	PLAN. (a) A state, local, or interjurisdictional emergency
223	223	management plan may provide that the intentional or knowing
224	224	violation of a state, local, or interjurisdictional emergency
225	225	management plan [failure to comply with the plan] or [with] a rule,
226	226	order, or ordinance adopted under the plan is an offense.
227	227	(b) The plan may prescribe a fine-only punishment for the
228	228	offense in an amount that does not exceed $500.00 [but may not
229	229	prescribe a fine that exceeds $1,000 or confinement in jail for a
230	230	term that exceeds 180 days].
231	231	SECTION 14. Section 433.001, Government Code, is amended to
232	232	read as follows:
233	233	Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
234	234	application of the chief executive officer or governing body of a
235	235	county or municipality during an emergency, the governor may
236	236	proclaim a state of emergency and designate the area involved. For
237	237	the purposes of this section an emergency exists in the following
238	238	situations:
239	239	(1) a riot or unlawful assembly by three or more
240	240	persons acting together by use of force or violence;
241	241	(2) if a clear and present danger of the use of
242	242	violence exists; or
243	243	(3) a natural or man-made disaster for which a state of
244	244	disaster has not been declared by the governor pursuant to Chapter
245	245	418.
246	246	SECTION 15. Section 433.002, Government Code, is amended by
247	247	amending Subsection (b) to read as follows:
248	248	(b) The directive may provide for:
249	249	(1) control of public and private transportation in
250	250	the affected area;
251	251	(2) designation of specific zones in the affected area
252	252	in which, if necessary, the use and occupancy of buildings and
253	253	vehicles may be controlled;
254	254	(3) control of the movement of persons;
255	255	(4) control of places of amusement or assembly; and
256	256	(5) establishment of curfews[;
257	257	(6) control of the sale, transportation, and use of
258	258	alcoholic beverages, weapons, and ammunition, except as provided by
259	259	Section 433.0045; and
260	260	(7) control of the storage, use, and transportation of
261	261	explosives or flammable materials considered dangerous to public
262	262	safety].
263	263	SECTION 16. Section 81.082, Health and Safety Code, is
264	264	amended by amending Subsection (d) to read as follows:
265	265	(d) A declaration of a public health disaster may continue
266	266	for not more than 30 days unless renewed by the legislature. [A
267	267	public health disaster may be renewed one time by the commissioner
268	268	for an additional 30 days.]
269	269	SECTION 17. Section 51.408, Occupations Code, is amended by
270	270	amending Subsection (b) to read as follows:
271	271	(b) An emergency license issued under this section expires
272	272	on the date indicated by the executive director, but not later than
273	273	the 90th day after the date the license is issued. If the governor
274	274	declares a [an extended] state of disaster that is renewed under
275	275	Section 418.014, Government Code, the executive director may extend
276	276	the term of an emergency license to an expiration date after the
277	277	90th day after the date the license was issued.
278	278	SECTION 18. Subsections 418.006(b-c), Government Code,
279	279	added by this Act, apply only to a cause of action that accrued on or
280	280	after March 13, 2020. A cause of action that accrued before March
281	281	13, 2020, is governed by the law applicable to the cause of action
282	282	immediately before the effective date of this Act, and that law is
283	283	continued in effect for that purpose.
284	284	SECTION 19. This Act takes effect immediately if it
285	285	receives a vote of two-thirds of all the members elected to each
286	286	house, as provided by Section 39, Article III, Texas Constitution.
287	287	If this Act does not receive the vote necessary for immediate
288	288	effect, this Act takes effect on the 91st day after the last day of
289	289	the legislative session.