By: Harrison H.B. No. 911
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the legislature, courts, the governor,
and other state and local officials regarding declared states of
disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 418, Government Code, is
amended by adding Sections 418.007, 418.008, and 418.009 to read as
follows:
Sec. 418.007. RECOMMENDATIONS, GUIDELINES, AND
COORDINATION. A state or local official may issue recommendations
and nonbinding guidelines to assist with a state of disaster
declared under this chapter and may coordinate public and private
resources to prevent or respond to the disaster.
Sec. 418.008. PROTECTION OF RIGHTS. Notwithstanding any
other law, an order issued by the governor or a state or local
official under this chapter that regulates and infringes on the
rights of any private person must be:
(1) narrowly tailored to serve a compelling public
health or safety purpose; and
(2) limited in duration, applicability, and scope to
reduce any infringement on individual liberty.
Sec. 418.009. STATE COURT JURISDICTION. (a) District and
appellate courts of this state have jurisdiction to hear cases
challenging a state or local disaster order, including cases
challenging compliance with limitations on orders prescribed under
this chapter and other law, and shall expedite hearings for the
cases to the extent practicable.
(b) A court may invalidate or enjoin a disaster order, or
the application of a disaster order, that is not narrowly tailored
to serve a compelling public health or safety purpose because of the
order's inequality in application to or impact on groups,
situations, or circumstances.
SECTION 2. Section 418.012, Government Code, is amended to
read as follows:
Sec. 418.012. EXECUTIVE ORDERS, PROCLAMATIONS, AND
REGULATIONS. (a) Under this chapter, the governor may issue,
amend, or rescind executive orders, proclamations, and regulations
[and amend or rescind them].
(b) Notwithstanding any law authorizing a state or local
official to issue an order related to a declared state of disaster
and only to the extent allowed under the United States Constitution
or Texas Constitution, only the governor may issue an order that
from the date the order is issued infringes on a protected
constitutional right in a non-trivial manner, including, but not
limited to:
(1) the rights to travel, work, assemble, and speak;
(2) the freedom of religious exercise;
(3) the right to contract without state interference;
(4) property rights;
(5) the freedom from unreasonable searches and
seizures; and
(6) the freedom to purchase lawfully acquired firearms
and ammunition.
(c) An order subject to Subsection (b) expires on the 30th
day after the date the governor issues the order unless:
(1) the governor or the legislature by law terminates
the order on an earlier date; or
(2) the legislature by law extends the order on or
before the expiration date.
(d) If the legislature is not convened in a regular or
special session, the governor may convene the legislature to
consider an order subject to Subsection (b). The members of the
legislature may remotely vote to approve, extend, or terminate the
order:
(1) by an electronic method authorized under the rules
prescribed by each house of the legislature; or
(2) as the lieutenant governor or speaker of the house
of representatives specifies when the rules do not address an
electronic voting method.
(e) The governor may not issue the same or a substantially
similar order as an order subject to Subsection (b) that has expired
unless the governor determines significantly changed circumstances
require issuance of the similar order for a period not to exceed
three days or a greater period the legislature by law approves
[Executive orders, proclamations, and regulations have the force
and effect of law].
SECTION 3. Section 418.014(c), Government Code, is amended
to read as follows:
(c) A state of disaster may not continue for more than 30
days unless renewed by the legislature by law [governor]. The
legislature by law may terminate a state of disaster at any time.
On termination by the legislature, the governor shall issue an
executive order ending the state of disaster. The governor may not
declare a new state of disaster based on the same or a substantially
similar finding as a prior state of disaster that the legislature
terminated or refused to renew.
SECTION 4. Section 418.0155, Government Code, is amended to
read as follows:
Sec. 418.0155. SUSPENSION LIST. (a) The governor's
office, using existing resources, shall compile and maintain a
comprehensive list of state agency [regulatory statutes and] rules
that may require suspension during a disaster.
(b) On request by the governor's office, a state agency that
would be impacted by the suspension of a [statute or] rule on the
list compiled under Subsection (a) shall review the list for
accuracy and shall advise the governor's office regarding any
[statutes or] rules that should be added to the list.
SECTION 5. The heading to Section 418.016, Government Code,
is amended to read as follows:
Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES.
SECTION 6. Sections 418.016(a) and (e), Government Code,
are amended to read as follows:
(a) The governor may suspend [the provisions of any
regulatory statute prescribing the procedures for conduct of state
business or] the orders or rules of a state agency if strict
compliance with the [provisions,] orders[,] or rules would in any
way prevent, hinder, or delay necessary action in coping with a
disaster.
(e) On request of a political subdivision, the governor may
waive or suspend a deadline imposed by [a statute or] the orders or
rules of a state agency on the political subdivision, including a
deadline relating to a budget or ad valorem tax, if the waiver or
suspension is reasonably necessary to cope with a disaster.
SECTION 7. Section 418.020(c), Government Code, is amended
to read as follows:
(c) Under regulations prescribed by the governor, the
governor may temporarily suspend or modify for a period of not more
than 60 days any public health, safety, zoning, intrastate
transportation, or other [law or] regulation if by proclamation the
governor considers the suspension or modification essential to
provide temporary housing or emergency shelter for disaster
victims.
SECTION 8. Section 418.042(c), Government Code, is amended
to read as follows:
(c) All or part of the state emergency management plan may
be incorporated into regulations of the division or executive
orders [that have the force and effect of law].
SECTION 9. Section 51.408(b), Occupations Code, is amended
to read as follows:
(b) An emergency license issued under this section expires
on the date indicated by the executive director, but not later than
the 90th day after the date the license is issued. If the governor
declares a [an extended] state of disaster that the legislature
renews under Section 418.014, Government Code, the executive
director may extend the term of an emergency license to an
expiration date after the 90th day after the date the license was
issued.
SECTION 10. The changes in law made by this Act apply only
to an order, proclamation, or regulation issued on or after the
effective date of this Act.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.