Texas 2023 - 88th Regular

Texas House Bill HB911 Compare Versions

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1	1	By: Harrison H.B. No. 911
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of the legislature, courts, the governor,
7	7	and other state and local officials regarding declared states of
8	8	disaster.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 418, Government Code, is
11	11	amended by adding Sections 418.007, 418.008, and 418.009 to read as
12	12	follows:
13	13	Sec. 418.007. RECOMMENDATIONS, GUIDELINES, AND
14	14	COORDINATION. A state or local official may issue recommendations
15	15	and nonbinding guidelines to assist with a state of disaster
16	16	declared under this chapter and may coordinate public and private
17	17	resources to prevent or respond to the disaster.
18	18	Sec. 418.008. PROTECTION OF RIGHTS. Notwithstanding any
19	19	other law, an order issued by the governor or a state or local
20	20	official under this chapter that regulates and infringes on the
21	21	rights of any private person must be:
22	22	(1) narrowly tailored to serve a compelling public
23	23	health or safety purpose; and
24	24	(2) limited in duration, applicability, and scope to
25	25	reduce any infringement on individual liberty.
26	26	Sec. 418.009. STATE COURT JURISDICTION. (a) District and
27	27	appellate courts of this state have jurisdiction to hear cases
28	28	challenging a state or local disaster order, including cases
29	29	challenging compliance with limitations on orders prescribed under
30	30	this chapter and other law, and shall expedite hearings for the
31	31	cases to the extent practicable.
32	32	(b) A court may invalidate or enjoin a disaster order, or
33	33	the application of a disaster order, that is not narrowly tailored
34	34	to serve a compelling public health or safety purpose because of the
35	35	order's inequality in application to or impact on groups,
36	36	situations, or circumstances.
37	37	SECTION 2. Section 418.012, Government Code, is amended to
38	38	read as follows:
39	39	Sec. 418.012. EXECUTIVE ORDERS, PROCLAMATIONS, AND
40	40	REGULATIONS. (a) Under this chapter, the governor may issue,
41	41	amend, or rescind executive orders, proclamations, and regulations
42	42	[and amend or rescind them].
43	43	(b) Notwithstanding any law authorizing a state or local
44	44	official to issue an order related to a declared state of disaster
45	45	and only to the extent allowed under the United States Constitution
46	46	or Texas Constitution, only the governor may issue an order that
47	47	from the date the order is issued infringes on a protected
48	48	constitutional right in a non-trivial manner, including, but not
49	49	limited to:
50	50	(1) the rights to travel, work, assemble, and speak;
51	51	(2) the freedom of religious exercise;
52	52	(3) the right to contract without state interference;
53	53	(4) property rights;
54	54	(5) the freedom from unreasonable searches and
55	55	seizures; and
56	56	(6) the freedom to purchase lawfully acquired firearms
57	57	and ammunition.
58	58	(c) An order subject to Subsection (b) expires on the 30th
59	59	day after the date the governor issues the order unless:
60	60	(1) the governor or the legislature by law terminates
61	61	the order on an earlier date; or
62	62	(2) the legislature by law extends the order on or
63	63	before the expiration date.
64	64	(d) If the legislature is not convened in a regular or
65	65	special session, the governor may convene the legislature to
66	66	consider an order subject to Subsection (b). The members of the
67	67	legislature may remotely vote to approve, extend, or terminate the
68	68	order:
69	69	(1) by an electronic method authorized under the rules
70	70	prescribed by each house of the legislature; or
71	71	(2) as the lieutenant governor or speaker of the house
72	72	of representatives specifies when the rules do not address an
73	73	electronic voting method.
74	74	(e) The governor may not issue the same or a substantially
75	75	similar order as an order subject to Subsection (b) that has expired
76	76	unless the governor determines significantly changed circumstances
77	77	require issuance of the similar order for a period not to exceed
78	78	three days or a greater period the legislature by law approves
79	79	[Executive orders, proclamations, and regulations have the force
80	80	and effect of law].
81	81	SECTION 3. Section 418.014(c), Government Code, is amended
82	82	to read as follows:
83	83	(c) A state of disaster may not continue for more than 30
84	84	days unless renewed by the legislature by law [governor]. The
85	85	legislature by law may terminate a state of disaster at any time.
86	86	On termination by the legislature, the governor shall issue an
87	87	executive order ending the state of disaster. The governor may not
88	88	declare a new state of disaster based on the same or a substantially
89	89	similar finding as a prior state of disaster that the legislature
90	90	terminated or refused to renew.
91	91	SECTION 4. Section 418.0155, Government Code, is amended to
92	92	read as follows:
93	93	Sec. 418.0155. SUSPENSION LIST. (a) The governor's
94	94	office, using existing resources, shall compile and maintain a
95	95	comprehensive list of state agency [regulatory statutes and] rules
96	96	that may require suspension during a disaster.
97	97	(b) On request by the governor's office, a state agency that
98	98	would be impacted by the suspension of a [statute or] rule on the
99	99	list compiled under Subsection (a) shall review the list for
100	100	accuracy and shall advise the governor's office regarding any
101	101	[statutes or] rules that should be added to the list.
102	102	SECTION 5. The heading to Section 418.016, Government Code,
103	103	is amended to read as follows:
104	104	Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES.
105	105	SECTION 6. Sections 418.016(a) and (e), Government Code,
106	106	are amended to read as follows:
107	107	(a) The governor may suspend [the provisions of any
108	108	regulatory statute prescribing the procedures for conduct of state
109	109	business or] the orders or rules of a state agency if strict
110	110	compliance with the [provisions,] orders[,] or rules would in any
111	111	way prevent, hinder, or delay necessary action in coping with a
112	112	disaster.
113	113	(e) On request of a political subdivision, the governor may
114	114	waive or suspend a deadline imposed by [a statute or] the orders or
115	115	rules of a state agency on the political subdivision, including a
116	116	deadline relating to a budget or ad valorem tax, if the waiver or
117	117	suspension is reasonably necessary to cope with a disaster.
118	118	SECTION 7. Section 418.020(c), Government Code, is amended
119	119	to read as follows:
120	120	(c) Under regulations prescribed by the governor, the
121	121	governor may temporarily suspend or modify for a period of not more
122	122	than 60 days any public health, safety, zoning, intrastate
123	123	transportation, or other [law or] regulation if by proclamation the
124	124	governor considers the suspension or modification essential to
125	125	provide temporary housing or emergency shelter for disaster
126	126	victims.
127	127	SECTION 8. Section 418.042(c), Government Code, is amended
128	128	to read as follows:
129	129	(c) All or part of the state emergency management plan may
130	130	be incorporated into regulations of the division or executive
131	131	orders [that have the force and effect of law].
132	132	SECTION 9. Section 51.408(b), Occupations Code, is amended
133	133	to read as follows:
134	134	(b) An emergency license issued under this section expires
135	135	on the date indicated by the executive director, but not later than
136	136	the 90th day after the date the license is issued. If the governor
137	137	declares a [an extended] state of disaster that the legislature
138	138	renews under Section 418.014, Government Code, the executive
139	139	director may extend the term of an emergency license to an
140	140	expiration date after the 90th day after the date the license was
141	141	issued.
142	142	SECTION 10. The changes in law made by this Act apply only
143	143	to an order, proclamation, or regulation issued on or after the
144	144	effective date of this Act.
145	145	SECTION 11. This Act takes effect immediately if it
146	146	receives a vote of two-thirds of all the members elected to each
147	147	house, as provided by Section 39, Article III, Texas Constitution.
148	148	If this Act does not receive the vote necessary for immediate
149	149	effect, this Act takes effect September 1, 2023.