Texas 2023 - 88th Regular

Texas House Bill HB4440 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9827 JON-F
2	2	By: Hunter H.B. No. 4440
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state and local government responses to a pandemic
8	8	disaster, including the establishment of the Pandemic Disaster
9	9	Legislative Oversight Committee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 3, Government Code, is amended
12	12	by adding Chapter 330 to read as follows:
13	13	CHAPTER 330. PANDEMIC DISASTER LEGISLATIVE OVERSIGHT COMMITTEE
14	14	Sec. 330.001. DEFINITIONS. In this chapter:
15	15	(1) "Committee" means the Pandemic Disaster
16	16	Legislative Oversight Committee.
17	17	(2) "Pandemic disaster" has the meaning assigned by
18	18	Section 418A.003(2).
19	19	Sec. 330.002. ESTABLISHMENT; COMPOSITION. (a) The Pandemic
20	20	Disaster Legislative Oversight Committee is established to:
21	21	(1) consider the impact on this state and its
22	22	residents of a state of pandemic disaster declared by the governor;
23	23	and
24	24	(2) provide legislative oversight of pandemic
25	25	disaster declarations.
26	26	(b) The committee is composed of 16 members as follows:
27	27	(1) the lieutenant governor;
28	28	(2) the speaker of the house of representatives;
29	29	(3) the chair of the Senate Committee on Finance or its
30	30	successor;
31	31	(4) the chair of the Senate Committee on State Affairs
32	32	or its successor;
33	33	(5) the chair of the Senate Committee on Health and
34	34	Human Services or its successor;
35	35	(6) the chair of the Senate Committee on Education or
36	36	its successor;
37	37	(7) the chair of the House Committee on Appropriations
38	38	or its successor;
39	39	(8) the chair of the House Committee on State Affairs
40	40	or its successor;
41	41	(9) the chair of the House Committee on Public Health
42	42	or its successor;
43	43	(10) the chair of the House Committee on Public
44	44	Education or its successor;
45	45	(11) two additional members appointed by the
46	46	lieutenant governor and two additional members appointed by the
47	47	speaker of the house to ensure ethnic minority representation on
48	48	the committee from the respective ethnic communities;
49	49	(12) the chair of the House Committee on Criminal
50	50	Jurisprudence or its successor; and
51	51	(13) the chair of the Senate Committee on Criminal
52	52	Justice or its successor.
53	53	(c) Notwithstanding Subsection (b), any member of the
54	54	senate or house of representatives may submit a written request to
55	55	the joint chairs of the committee to participate in the committee's
56	56	proceedings to the extent practical. When participation is not
57	57	practical, the joint chairs of the committee must establish
58	58	procedures for requesting members to audit proceedings and must
59	59	provide to requesting members updates on committee proceedings.
60	60	Sec. 330.003. JOINT CHAIRS. The lieutenant governor and
61	61	speaker of the house of representatives serve as joint chairs of the
62	62	committee.
63	63	Sec. 330.004. POWERS AND DUTIES. (a) The committee may act
64	64	only when the legislature is not convened in regular or special
65	65	session.
66	66	(b) The committee is authorized to:
67	67	(1) review any state of pandemic disaster declaration
68	68	issued by the governor under Chapter 418A that is in effect for more
69	69	than 30 days following the governor's renewal of the declaration
70	70	under that chapter;
71	71	(2) review proclamations, orders, or rules issued or
72	72	adopted by the governor and any orders issued by a county or
73	73	municipality for the pandemic disaster declaration; and
74	74	(3) terminate in accordance with Section 418A.055:
75	75	(A) the state of pandemic disaster; or
76	76	(B) provisions of proclamations, orders, or
77	77	rules issued or adopted by the governor or orders issued by a county
78	78	or municipality for the pandemic disaster declaration.
79	79	(c) Except as otherwise provided by this chapter, the
80	80	committee has all other powers and duties provided to a special
81	81	committee by:
82	82	(1) Subchapter B, Chapter 301;
83	83	(2) the rules of the senate and house of
84	84	representatives; and
85	85	(3) policies of the senate and house committees on
86	86	administration.
87	87	Sec. 330.005. MEETINGS; QUORUM. (a) The committee shall
88	88	meet at the call of the joint chairs.
89	89	(b) The joint chairs shall convene the committee on or as
90	90	soon as practicable after the date a state of pandemic disaster is
91	91	first renewed by the governor under Chapter 418A unless the
92	92	legislature is convened in regular or special session.
93	93	(c) A majority of the members of the committee from each
94	94	house constitutes a quorum to transact business. Termination of a
95	95	state of pandemic disaster may only be ordered by a majority of the
96	96	committee's membership. If a quorum is present, the committee may
97	97	act on any other matter within its jurisdiction by a majority vote.
98	98	(d) Notice of a meeting of the committee must be posted at
99	99	least five calendar days before the date of the meeting, in the same
100	100	manner that meeting notices are posted for standing committees of
101	101	the senate and house of representatives.
102	102	(e) As an exception to Chapter 551 and other law, the
103	103	committee may meet by use of video conference call. This subsection
104	104	applies for purposes of constituting a quorum, for purposes of
105	105	voting, and for any other purpose allowing a member of the committee
106	106	to fully participate in a meeting of the committee. A meeting held
107	107	by use of video conference call:
108	108	(1) must be open to the public, including by video
109	109	broadcasting the meeting in real time through the Internet website
110	110	of the senate or house of representatives;
111	111	(2) must specify in the meeting notice the link to the
112	112	video broadcast described by Subdivision (1); and
113	113	(3) must provide for the entire meeting two-way video
114	114	communication between all committee members attending the meeting,
115	115	and if, at any time, the two-way video communication link with a
116	116	member attending the meeting is disrupted, the meeting may not
117	117	continue until that link is reestablished.
118	118	SECTION 2. Subtitle B, Title 4, Government Code, is amended
119	119	by adding Chapter 418A to read as follows:
120	120	CHAPTER 418A. PANDEMIC EMERGENCY MANAGEMENT
121	121	SUBCHAPTER A. GENERAL PROVISIONS
122	122	Sec. 418A.001. SHORT TITLE. This chapter may be cited as
123	123	the Texas Pandemic Response Act.
124	124	Sec. 418A.002. PURPOSES. The purposes of this chapter are
125	125	to:
126	126	(1) protect and preserve individual liberties
127	127	guaranteed under the United States Constitution and the Texas
128	128	Constitution;
129	129	(2) reduce the vulnerability of residents and
130	130	communities in this state to damage, injury, and loss of life and
131	131	property resulting from a pandemic disaster;
132	132	(3) prepare for prompt and efficient care and
133	133	treatment of persons victimized or threatened by a pandemic
134	134	disaster;
135	135	(4) maintain employment levels for state residents to
136	136	the extent possible;
137	137	(5) provide a setting conducive to the rapid and
138	138	orderly restoration and rehabilitation of persons and property
139	139	affected by a pandemic disaster;
140	140	(6) clarify the roles of the governor, state agencies,
141	141	the judicial branch of state government, and the political
142	142	subdivisions of this state in the prevention of, preparation for,
143	143	response to, and recovery from a pandemic disaster;
144	144	(7) authorize and provide for cooperation in pandemic
145	145	disaster mitigation, preparedness, response, and recovery;
146	146	(8) authorize and coordinate activities relating to
147	147	pandemic disaster mitigation, preparedness, response, and recovery
148	148	by state agencies and officers and similar state-local, interstate,
149	149	federal-state, and foreign activities in which this state and the
150	150	political subdivisions of this state may participate;
151	151	(9) provide an emergency management system addressing
152	152	all aspects of pandemic preparedness and response; and
153	153	(10) assist in the mitigation of pandemic disasters
154	154	aggravated by inadequate planning for and regulation of public and
155	155	private resources.
156	156	Sec. 418A.003. DEFINITIONS. In this chapter:
157	157	(1) "Division" means the Texas Division of Emergency
158	158	Management.
159	159	(2) "Pandemic disaster" means the occurrence or
160	160	imminent threat of an outbreak of an infectious disease that
161	161	spreads to a significant portion of the state population and that
162	162	threatens widespread or severe damage, injury, or loss of life or
163	163	property in more than one-fourth of the counties in this state
164	164	resulting from any natural or man-made cause related to the
165	165	outbreak.
166	166	(3) "Political subdivision" means a county or
167	167	municipality.
168	168	Sec. 418A.004. LIMITATIONS. This chapter does not:
169	169	(1) grant the governor authority to enact law;
170	170	(2) expand the authority granted to the governor under
171	171	Chapter 418;
172	172	(3) limit the authority of the governor or the
173	173	presiding officer of the governing body of a political subdivision
174	174	to apply for, administer, or spend a grant, gift, or payment in aid
175	175	of pandemic disaster mitigation, preparedness, response, or
176	176	recovery;
177	177	(4) interfere with the course or conduct of a labor
178	178	dispute, except that actions otherwise authorized by this chapter
179	179	or other laws may be taken when necessary to forestall or mitigate
180	180	imminent or existing danger to public health or safety;
181	181	(5) interfere with dissemination of news or comment on
182	182	public affairs, provided any communications facility or
183	183	organization, including radio and television stations, wire
184	184	services, Internet and cellular services, and newspapers, may be
185	185	requested to transmit or print public service messages providing
186	186	information or instructions in connection with a pandemic disaster
187	187	or potential pandemic disaster;
188	188	(6) affect the jurisdiction or responsibilities of a
189	189	law enforcement agency, fire department, or unit of the armed
190	190	forces of the United States, or any of their personnel when on
191	191	active duty, if state, local, or interjurisdictional emergency
192	192	management plans rely on the agencies, departments, or units to
193	193	perform duties related to pandemic disasters;
194	194	(7) limit, modify, or abridge the authority of the
195	195	governor to exercise any other power vested in the governor under
196	196	the constitution or laws of this state independent of or in
197	197	conjunction with any provision of this chapter;
198	198	(8) authorize the seizure or confiscation of any
199	199	firearm or ammunition from an individual who is lawfully carrying
200	200	or possessing the firearm or ammunition;
201	201	(9) authorize any person to prohibit or restrict the
202	202	business operations of a firearms or ammunition manufacturer,
203	203	distributor, wholesaler, supplier, or retailer or a sport shooting
204	204	range, as defined by Section 250.001, Local Government Code;
205	205	(10) affect the level of scrutiny for judicial review
206	206	of constitutional violations;
207	207	(11) delegate to any governmental official the
208	208	authority to modify election procedures;
209	209	(12) authorize any governmental official to mandate
210	210	that an individual obtain a vaccination;
211	211	(13) create any new legal duty for a negligence claim
212	212	or a new cause of action; or
213	213	(14) authorize any governmental official to force a
214	214	business to close or limit the operating capacity or use of a
215	215	business.
216	216	Sec. 418A.0045. LIMITATIONS ON MEDICAL PROCEDURES. (a) In
217	217	this section, "nonelective medical procedure" means a medical
218	218	procedure, including a surgery, a physical exam, a diagnostic test,
219	219	a screening, the performance of a laboratory test, and the
220	220	collection of a specimen to perform a laboratory test, that if not
221	221	performed within a reasonable time may, as determined in good faith
222	222	by a patient's physician, result in:
223	223	(1) the patient's loss of life; or
224	224	(2) a deterioration, complication, or progression of
225	225	the patient's current or potential medical condition or disorder,
226	226	including a physical condition or mental disorder.
227	227	(b) The governor during a declared state of pandemic
228	228	disaster may not issue an executive order, proclamation, or
229	229	regulation that limits or prohibits a nonelective medical
230	230	procedure.
231	231	(c) The governor during a declared state of pandemic
232	232	disaster may issue an executive order, proclamation, or regulation
233	233	imposing a temporary limitation or prohibition on a medical
234	234	procedure other than a nonelective medical procedure only if the
235	235	limitation or prohibition is reasonably necessary to conserve
236	236	resources for nonelective medical procedures or resources needed
237	237	for disaster response. An executive order, proclamation, or
238	238	regulation issued under this subsection may not continue for more
239	239	than 15 days unless renewed by the governor.
240	240	(d) A person subject to an executive order, proclamation, or
241	241	regulation issued under this section who in good faith acts or fails
242	242	to act in accordance with that order, proclamation, or regulation
243	243	is not civilly or criminally liable and is not subject to
244	244	disciplinary action for that act or failure to act.
245	245	(e) The immunity provided by Subsection (d) is in addition
246	246	to any other immunity or limitation of liability provided by law.
247	247	(f) Notwithstanding any other law, this section does not
248	248	create a civil, criminal, or administrative cause of action or
249	249	liability or create a standard of care, obligation, or duty that
250	250	provides the basis for a cause of action for an act or omission
251	251	under this section.
252	252	Sec. 418A.005. APPLICABILITY OF OTHER LAW. (a) The
253	253	following provisions of Chapter 418 apply to a state of pandemic
254	254	disaster declared under this chapter:
255	255	(1) Subchapter C-1;
256	256	(2) Subchapter D;
257	257	(3) Section 418.107;
258	258	(4) Section 418.1075;
259	259	(5) Section 418.108;
260	260	(6) Section 418.171;
261	261	(7) Section 418.1881;
262	262	(8) Section 418.1882;
263	263	(9) Section 418.191; and
264	264	(10) Section 418.195.
265	265	(b) Notwithstanding Subsection (a)(5), the provisions of
266	266	Section 418.108 apply to a state of pandemic disaster declared
267	267	under this chapter only to the extent the local declaration is
268	268	issued for the purposes of applying for, administering, or spending
269	269	a grant, gift, or payment in aid of pandemic disaster mitigation,
270	270	preparedness, response, or recovery.
271	271	Sec. 418A.006. CONFLICT WITH OTHER LAW. To the extent of
272	272	any conflict between this chapter and Chapter 418, this chapter
273	273	controls.
274	274	Sec. 418A.007. PROHIBITIONS. (a) The presiding officer of
275	275	the governing body of a political subdivision may not issue an order
276	276	during a declared state of pandemic disaster or local state of
277	277	pandemic disaster that:
278	278	(1) requires businesses or industries to close;
279	279	(2) distinguishes between types of businesses or
280	280	industries in limiting operation capacities; or
281	281	(3) restricts in-person visitation for residents of:
282	282	(A) nursing facilities, assisted living
283	283	facilities, and intermediate care facilities for individuals with
284	284	an intellectual disability that are licensed under Subtitle B,
285	285	Title 4, Health and Safety Code; and
286	286	(B) state supported living centers, as defined by
287	287	Section 531.002, Health and Safety Code.
288	288	(b) The governor or the presiding officer of the governing
289	289	body of a political subdivision may not issue an order during a
290	290	declared state of pandemic disaster or local state of pandemic
291	291	disaster that requires a public or private golf course to close.
292	292	(c) The governor or the presiding officer of the governing
293	293	body of a political subdivision may not issue an order during a
294	294	declared state of pandemic disaster or local state of pandemic
295	295	disaster that requires a state park to close.
296	296	Sec. 418A.0071. PROHIBITION ON CLOSURE OF PUBLIC BEACHES.
297	297	During a declared state of pandemic disaster or local state of
298	298	pandemic disaster, a governmental entity, including a political
299	299	subdivision and state agency, may not issue an order, promulgate a
300	300	rule, adopt or enforce a policy, or otherwise restrict access to or
301	301	a means of accessing a public beach, as defined by Section 61.001,
302	302	Natural Resources Code.
303	303	Sec. 418A.008. CIVIL LIABILITY DURING PANDEMIC DISASTER.
304	304	(a) Section 418.006 applies during a declared state of pandemic
305	305	disaster.
306	306	(b) A business or an entity operating during a pandemic
307	307	disaster in this state is not liable for an injury caused by
308	308	exposing or potentially exposing an individual to a disease if on
309	309	the date of the exposure or potential exposure:
310	310	(1) the business or entity is authorized to conduct
311	311	business in this state;
312	312	(2) the business or entity made a reasonable effort to
313	313	comply with applicable and controlling state and local laws, rules,
314	314	ordinances, declarations, and proclamations related to the
315	315	pandemic disaster; and
316	316	(3) the act or omission giving rise to the exposure or
317	317	potential exposure was not wilful, reckless, or grossly negligent.
318	318	(c) A person who provides goods or renders services during a
319	319	pandemic disaster in support of disaster response efforts and at
320	320	the request of the governor or the governor's designee is not liable
321	321	for an injury caused by the goods or services, regardless of the
322	322	circumstances, provided the act or omission giving rise to the
323	323	injury was not wilful, reckless, grossly negligent, or inconsistent
324	324	with a limit specified in the governor's request.
325	325	(d) The immunity provided by this section is in addition to
326	326	the immunity and limitations of liability provided by other law.
327	327	(e) This section does not create a civil cause of action.
328	328	(f) The immunity provided by this section applies to nursing
329	329	facilities licensed under Chapter 242, Health and Safety Code, only
330	330	with respect to an act or omission that occurred before November 1,
331	331	2020.
332	332	SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
333	333	Sec. 418A.051. EXECUTIVE ORDERS, PROCLAMATIONS, AND RULES.
334	334	(a) Subject to Section 418A.052, the governor may issue, amend, or
335	335	rescind an executive order, proclamation, or rule to further the
336	336	purposes of this chapter.
337	337	(b) An executive order, proclamation, or rule issued by the
338	338	governor under this chapter has the force and effect of law.
339	339	Sec. 418A.052. LIMITATION ON CERTAIN EXECUTIVE ORDERS,
340	340	PROCLAMATIONS, AND RULES. (a) This section applies only to an
341	341	executive order, proclamation, or rule issued under this chapter
342	342	that has the effect of mandating the wearing of a face covering.
343	343	(b) An executive order, proclamation, or rule described by
344	344	Subsection (a) may continue for more than 30 days only if the
345	345	governor during that period issues:
346	346	(1) a proclamation convening the legislature in
347	347	special session that begins during that period to consider whether
348	348	to modify or terminate the executive order, proclamation, or rule;
349	349	or
350	350	(2) if the legislature is convened in regular or
351	351	special session, a message to the legislature requesting the
352	352	legislature's consideration of whether to modify or terminate the
353	353	executive order, proclamation, or rule.
354	354	(c) The governor may not issue a new executive order,
355	355	proclamation, or rule based on the same or a substantially similar
356	356	finding as a prior executive order, proclamation, or rule that was
357	357	terminated by the legislature while the legislature is in session.
358	358	Sec. 418A.053. LIMITATIONS ON AUTHORITY OF GOVERNOR. (a)
359	359	Except as expressly provided by this chapter, the governor may
360	360	exercise the same authority the governor is granted under
361	361	Subchapter B, Chapter 418, to address a declared state of pandemic
362	362	disaster.
363	363	(b) The following provisions of Subchapter B, Chapter 418,
364	364	do not apply during a declared state of pandemic disaster:
365	365	(1) Section 418.014;
366	366	(2) Sections 418.016(b), (c), and (d);
367	367	(3) Section 418.019;
368	368	(4) Section 418.0195; and
369	369	(5) Section 418.023.
370	370	Sec. 418A.054. RELIGIOUS FREEDOM. Actions taken under a
371	371	declared state of pandemic disaster must satisfy the religious
372	372	freedom protections of Chapter 110, Civil Practice and Remedies
373	373	Code, and the Religious Freedom Restoration Act of 1993 (42 U.S.C.
374	374	Section 2000bb et seq.).
375	375	Sec. 418A.055. DECLARATION OF STATE OF PANDEMIC DISASTER.
376	376	(a) The governor by executive order or proclamation may declare a
377	377	state of pandemic disaster if the governor determines that a state
378	378	of pandemic disaster is occurring in this state or that the
379	379	occurrence or threat of a pandemic disaster is imminent.
380	380	(b) Subject to Subsections (c), (c-1), and (d), a state of
381	381	pandemic disaster continues until the governor:
382	382	(1) determines that:
383	383	(A) the threat of a pandemic disaster has passed;
384	384	or
385	385	(B) the pandemic disaster has been addressed to
386	386	the extent that emergency conditions no longer exist; and
387	387	(2) terminates the state of pandemic disaster by
388	388	executive order or proclamation.
389	389	(c) A state of pandemic disaster may not continue for more
390	390	than 30 days unless renewed by the governor. If the legislature is
391	391	convened in regular or special session, the legislature by law may
392	392	at any time terminate a declared state of pandemic disaster. If the
393	393	legislature is not convened in session, the Pandemic Disaster
394	394	Legislative Oversight Committee established under Chapter 330 may
395	395	at any time terminate:
396	396	(1) a state of pandemic disaster that is in effect for
397	397	more than 30 days following the governor's renewal of the
398	398	declaration; or
399	399	(2) provisions of proclamations, orders, or rules
400	400	issued or adopted by the governor or of orders issued by a political
401	401	subdivision for the pandemic disaster declaration described by
402	402	Subdivision (1).
403	403	(c-1) A state of pandemic disaster renewed by the governor
404	404	under Subsection (c) may not continue unless, on or before the 90th
405	405	day after the date the state of pandemic disaster is initially
406	406	declared, the governor:
407	407	(1) if the legislature is convened in regular or
408	408	special session, issues a message to the legislature requesting the
409	409	legislature's consideration and determination, not later than the
410	410	30th day after the date the message is issued, of whether to modify
411	411	or terminate the executive order or proclamation declaring the
412	412	state of pandemic disaster; or
413	413	(2) if the legislature is not convened in regular or
414	414	special session, issues a proclamation convening the legislature in
415	415	a special session that begins not later than the 30th day after the
416	416	date the proclamation is issued for the legislature to consider
417	417	whether to modify or terminate the executive order or proclamation
418	418	declaring the state of pandemic disaster.
419	419	(c-2) The governor must provide notice of a proclamation
420	420	convening the legislature under Subsection (c-1) not later than the
421	421	60th day after the state of pandemic disaster is initially
422	422	declared.
423	423	(d) The governor may not declare a new state of pandemic
424	424	disaster based on the same or a substantially similar finding as a
425	425	prior state of pandemic disaster that was terminated or not renewed
426	426	by the legislature or to circumvent a meeting of the Pandemic
427	427	Disaster Legislative Oversight Committee convened to review a state
428	428	of pandemic disaster declaration.
429	429	(e) On termination of a declared state of pandemic disaster
430	430	or a provision of a proclamation, order, or rule by the legislature
431	431	or the Pandemic Disaster Legislative Oversight Committee under this
432	432	section, the governor shall issue an executive order ending the
433	433	declared state of pandemic disaster or rescinding those provisions.
434	434	(f) An executive order or proclamation issued under this
435	435	section must:
436	436	(1) include:
437	437	(A) a description of the nature of the pandemic
438	438	disaster;
439	439	(B) a designation of the areas affected or
440	440	threatened; and
441	441	(C) a description of the conditions that caused
442	442	the pandemic disaster or allowed the termination of the pandemic
443	443	disaster; and
444	444	(2) be posted on the Internet website of the governor
445	445	and of any state agency affected by the proclamation or order.
446	446	(g) The governor shall:
447	447	(1) promptly disseminate a proclamation or order by
448	448	any means intended to bring its contents to the attention of the
449	449	public; and
450	450	(2) unless the circumstances related to the pandemic
451	451	disaster prevent or impede the filing, promptly file the
452	452	proclamation or order with:
453	453	(A) the division;
454	454	(B) the secretary of state; and
455	455	(C) the county clerk or municipal secretary in
456	456	each area in which the proclamation or order applies.
457	457	Sec. 418A.056. SALE AND TRANSPORTATION OF CERTAIN
458	458	MATERIALS. The sale, dispensing, or transportation of firearms and
459	459	ammunition may not be suspended or limited in response to a declared
460	460	state of pandemic disaster.
461	461	SUBCHAPTER C. LOCAL AND INTERJURISDICTIONAL PANDEMIC EMERGENCY
462	462	MANAGEMENT
463	463	Sec. 418A.101. PANDEMIC EMERGENCY MANAGEMENT DIRECTORS.
464	464	(a) The presiding officer of the governing body of a political
465	465	subdivision is designated as the pandemic emergency management
466	466	director for that political subdivision.
467	467	(b) A pandemic emergency management director serves as the
468	468	governor's designated agent in the administration and supervision
469	469	of duties under this chapter. A pandemic emergency management
470	470	director shall perform the duties prescribed by the emergency
471	471	management plan and implement the state of pandemic proclamation
472	472	and each executive order issued under this chapter.
473	473	(c) A pandemic emergency management director may designate
474	474	a person to serve as pandemic emergency management coordinator.
475	475	The pandemic emergency management coordinator shall serve as an
476	476	assistant to the pandemic emergency management director for
477	477	pandemic emergency management purposes.
478	478	(d) A person, other than a pandemic emergency management
479	479	director, may not seize state or federal resources without prior
480	480	authorization from the division or the state or federal agency
481	481	responsible for those resources.
482	482	Sec. 418A.102. PREEMPTION. (a) Any local order or rule
483	483	issued in response to a state or local state of pandemic disaster is
484	484	superseded and void to the extent that it is inconsistent with
485	485	proclamations, orders, or rules issued by the governor or the
486	486	Department of State Health Services.
487	487	(b) Any order issued by a municipality in response to a
488	488	state or local state of pandemic disaster is superseded and void to
489	489	the extent that it is inconsistent with orders issued by the county
490	490	judge of the county in which the municipality is located.
491	491	Sec. 418A.103. LIMITATION ON AD VALOREM TAX RATE OF CERTAIN
492	492	POLITICAL SUBDIVISIONS. (a) In this section:
493	493	(1) "No-new-revenue tax rate" and "voter-approval tax
494	494	rate" have the meanings assigned by Section 26.04, Tax Code.
495	495	(2) "Tax year" has the meaning assigned by Section
496	496	1.04, Tax Code.
497	497	(b) This section applies only to a political subdivision:
498	498	(1) the presiding officer of the governing body of
499	499	which issues an order requiring the closure of a private business in
500	500	response to a pandemic disaster; and
501	501	(2) for which the governor issues a written
502	502	determination finding that the presiding officer of the governing
503	503	body of the political subdivision has taken an action described by
504	504	Subdivision (1).
505	505	(c) Notwithstanding Chapter 26, Tax Code, or any other law,
506	506	the governing body of a political subdivision to which this section
507	507	applies may not adopt an ad valorem tax rate for the current tax
508	508	year that exceeds the lesser of the political subdivision's
509	509	no-new-revenue tax rate or voter-approval tax rate for that tax
510	510	year.
511	511	(d) For purposes of making the calculation required under
512	512	Section 26.013, Tax Code, in a tax year in which this section
513	513	applies to a political subdivision, the difference between the
514	514	political subdivision's actual tax rate and voter-approval tax rate
515	515	is considered to be zero.
516	516	(e) A political subdivision is no longer subject to the
517	517	limitation prescribed by this section in the first tax year
518	518	following the governor's rescission of the written determination
519	519	issued under Subsection (b)(2).
520	520	(f) The governor shall adopt rules and procedures necessary
521	521	to determine whether the presiding officer of a political
522	522	subdivision has taken an action described by Subsection (b)(1).
523	523	SUBCHAPTER D. MISCELLANEOUS PROVISIONS
524	524	Sec. 418A.151. PERSONNEL SURGE CAPACITY PLANNING.
525	525	Personnel surge capacity planning conducted under this chapter for
526	526	declared states of pandemic disaster must include plans for
527	527	providing personal protective equipment to physicians, other
528	528	health care professionals, and pandemic disaster relief workers and
529	529	volunteers.
530	530	Sec. 418A.152. EMERGENCY MANAGEMENT SYSTEM. The division,
531	531	in collaboration with other appropriate persons selected by the
532	532	division, shall:
533	533	(1) establish a statewide emergency management system
534	534	to respond to a declared state of pandemic disaster;
535	535	(2) to the extent practicable include private wireless
536	536	communication, Internet, and cable service providers in the system;
537	537	and
538	538	(3) use the satellite communications equipment and
539	539	mobile telephone towers of the participating providers under
540	540	Subdivision (2) to assist in responding to a declared state of
541	541	pandemic disaster.
542	542	SECTION 3. Section 418.004(1), Government Code, is amended
543	543	to read as follows:
544	544	(1) "Disaster" means the occurrence or imminent threat
545	545	of widespread or severe damage, injury, or loss of life or property
546	546	resulting from any natural or man-made cause, including fire,
547	547	flood, earthquake, wind, storm, wave action, oil spill or other
548	548	water contamination, volcanic activity, epidemic, air
549	549	contamination, blight, drought, infestation, explosion, riot,
550	550	hostile military or paramilitary action, extreme heat,
551	551	cybersecurity event, other public calamity requiring emergency
552	552	action, or energy emergency. The term does not include a pandemic
553	553	disaster as defined by Section 418A.003.
554	554	SECTION 4. Section 418.005(b), Government Code, is amended
555	555	to read as follows:
556	556	(b) Each person described by Subsection (a) shall complete a
557	557	course of training provided or approved by the division of not less
558	558	than three hours regarding the responsibilities of state and local
559	559	governments under this chapter and Chapter 418A not later than the
560	560	180th day after the date the person:
561	561	(1) takes the oath of office, if the person is required
562	562	to take an oath of office to assume the person's duties as a public
563	563	officer;
564	564	(2) otherwise assumes responsibilities as a public
565	565	officer, if the person is not required to take an oath of office to
566	566	assume the person's duties; or
567	567	(3) is designated as an emergency management
568	568	coordinator under Section 418.1015(c).
569	569	SECTION 5. Section 418A.0045, Government Code, as added by
570	570	this Act, applies only to an order, proclamation, or regulation
571	571	issued on or after the effective date of this Act.
572	572	SECTION 6. Section 418A.008, Government Code, as added by
573	573	this Act, applies only to a cause of action that accrued on or after
574	574	March 13, 2020. A cause of action that accrued before March 13,
575	575	2020, is governed by the law applicable to the cause of action
576	576	immediately before the effective date of this Act, and that law is
577	577	continued in effect for that purpose.
578	578	SECTION 7. This Act takes effect immediately if it receives
579	579	a vote of two-thirds of all the members elected to each house, as
580	580	provided by Section 39, Article III, Texas Constitution. If this
581	581	Act does not receive the vote necessary for immediate effect, this
582	582	Act takes effect September 1, 2023.