Texas 2023 - 88th Regular

Texas House Bill HB119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2721 AMF-D
2	2	By: Schaefer H.B. No. 119
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to judicial review of certain orders issued to address a
8	8	declared state of disaster, declared public health disaster, or
9	9	ordered public health emergency or to prevent the spread of a
10	10	communicable disease.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 418, Government Code, is
13	13	amended by adding Section 418.007 to read as follows:
14	14	Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
15	15	person has standing to file suit in a court of this state to
16	16	challenge a provision of an order issued by the governor or the
17	17	presiding officer of the governing body of a political subdivision
18	18	that relates to a declared state of disaster if the provision is
19	19	alleged to cause injury to the person or burden a right of the
20	20	person that is protected by the state or federal constitution or by
21	21	a state or federal law.
22	22	(b) The person who issues the order has the burden of
23	23	proving the challenged provision in the order:
24	24	(1) mitigates a threat to the public caused by the
25	25	disaster; and
26	26	(2) is the least restrictive means of mitigating the
27	27	threat.
28	28	(c) The court shall enter a judgment invalidating the
29	29	challenged provision in the order if the court finds the person who
30	30	issued the order has not satisfied the burden imposed under
31	31	Subsection (b).
32	32	SECTION 2. Subchapter A, Chapter 81, Health and Safety
33	33	Code, is amended by adding Section 81.018 to read as follows:
34	34	Sec. 81.018. JUDICIAL REVIEW OF ORDERS RELATED TO PUBLIC
35	35	HEALTH DISASTER, PUBLIC HEALTH EMERGENCY, OR CONTROL MEASURE. (a)
36	36	A person has standing to file suit in a court of this state to
37	37	challenge a provision of an order issued by the governor, the
38	38	commissioner, the department, or a health authority that relates to
39	39	a declared public health disaster or an ordered public health
40	40	emergency or is imposed as a control measure to prevent the spread
41	41	of a communicable disease if the provision is alleged to cause
42	42	injury to the person or burden a right of the person that is
43	43	protected by the state or federal constitution or by a state or
44	44	federal law.
45	45	(b) The issuer of the order has the burden of proving the
46	46	challenged provision in the order:
47	47	(1) mitigates a threat to the public caused by the
48	48	public health disaster, the public health emergency, or a
49	49	communicable disease; and
50	50	(2) is the least restrictive means of mitigating the
51	51	threat.
52	52	(c) The court shall enter a judgment invalidating the
53	53	challenged provision in the order if the court finds the issuer of
54	54	the order has not satisfied the burden imposed under Subsection
55	55	(b).
56	56	SECTION 3. Section 418.007, Government Code, as added by
57	57	this Act, and Section 81.018, Health and Safety Code, as added by
58	58	this Act, apply only to an order issued on or after the effective
59	59	date of this Act. An order issued before the effective date of this
60	60	Act is governed by the law in effect immediately before that date,
61	61	and that law is continued in effect for that purpose.
62	62	SECTION 4. This Act takes effect September 1, 2023.