Texas 2023 - 88th Regular

Texas House Bill HB2654

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Impact

Should HB 2654 be enacted, it would notably alter existing statutes related to emergency declarations, granting the legislature exclusive oversight in regulating business operations during emergencies. The bill would strengthen the legislative role in disaster management, as it mandates the governor to convene the legislature in special session if further restrictions are deemed necessary beyond the first 30 days of a disaster declaration. This change aims to establish clearer protocols for how emergencies are dealt with, potentially leading to more consistent responses across different jurisdictions within the state.

Summary

House Bill 2654 seeks to redefine the authority dynamics among the state legislature, the governor, and local political subdivisions in the context of disaster management. Specifically, it clarifies that during a declared state of emergency, only the Texas legislature holds the power to restrict or impair the operation of businesses. This shift is intended to centralize power and streamline decision-making during emergencies, ensuring that local and state authorities work in unison while considering the economic implications of any restrictions on businesses.

Sentiment

The general sentiment surrounding HB 2654 appears to be mixed. Proponents argue that consolidating power within the legislature for disaster management can prevent overreach by the executive branch and foster a more democratic process for making critical decisions that impact businesses and communities. Conversely, critics express concerns that this centralization of authority might lead to delayed responses in emergency situations where swift action is required. The tensions between ensuring authoritative efficiency and maintaining local control form the crux of the debate surrounding this bill.

Contention

Notable points of contention arise regarding the practicality of enforcing legislative oversight during emergencies. Critics argue that reliance solely on legislative authority, particularly in crisis situations, could hinder immediate responses and create bureaucratic obstacles. Moreover, the requirement for the legislature to reconvene for business restrictions may not align with the urgent nature of managing rapidly evolving disasters. This bill underscores a fundamental tension between governance, emergency response, and the protection of economic welfare within the state.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 418. Emergency Management
    • Section: New Section
    • Section: 014
    • Section: 0155
    • Section: 016
  • Chapter 433. State Of Emergency
    • Section: New Section

Companion Bills

TX SB1104

Identical Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

TX HJR121

Enabling for Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

Similar Bills

CA SB1368

State of emergency: termination after 45 days: extension by the Legislature.

CA SB209

State of emergency: termination after 45 days: extension by the Legislature.

CA AB1075

State of emergency: Governor’s powers and termination.

CA AB69

State of emergency: termination after 60 days: extension by the Legislature.

CA AB2902

State of emergency: termination after 30 days: extension by the Legislature.

AZ HCR2039

Governor; emergency powers

HI HB1420

Proposing To Amend Sections Of Article V Of The Hawaii State Constitution.

CA AB580

Commutations of sentence.