Texas 2023 - 88th Regular

Texas Senate Bill SB1104 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Birdwell, et al. S.B. No. 1104
2	2	(Slawson, et al.)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the legislature, governor, and certain
8	8	political subdivisions with respect to disasters and emergencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 418.002, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 418.002. PURPOSES. The purposes of this chapter are
13	13	to:
14	14	(1) reduce vulnerability of people and communities of
15	15	this state to damage, injury, and loss of life and property
16	16	resulting from natural or man-made disasters [catastrophes, riots,
17	17	or hostile military or paramilitary action];
18	18	(2) prepare for prompt and efficient rescue, care, and
19	19	treatment of persons victimized or threatened by disaster;
20	20	(3) provide a setting conducive to the rapid and
21	21	orderly restoration and rehabilitation of persons and property
22	22	affected by disasters;
23	23	(4) clarify and strengthen the roles of the governor,
24	24	state agencies, the judicial branch of state government, and local
25	25	governments in prevention of, preparation for, response to, and
26	26	recovery from disasters;
27	27	(5) authorize and provide for cooperation in disaster
28	28	mitigation, preparedness, response, and recovery;
29	29	(6) authorize and provide for coordination of
30	30	activities relating to disaster mitigation, preparedness,
31	31	response, and recovery by agencies and officers of this state, and
32	32	similar state-local, interstate, federal-state, and foreign
33	33	activities in which the state and its political subdivisions may
34	34	participate;
35	35	(7) provide an emergency management system embodying
36	36	all aspects of predisaster preparedness and postdisaster response;
37	37	(8) assist in mitigation of disasters caused or
38	38	aggravated by inadequate planning for and regulation of public and
39	39	private facilities and land use;
40	40	(9) encourage state agencies, local governments,
41	41	nongovernmental organizations, private entities, and individuals
42	42	to adopt the goals of the strategic plan of the Federal Emergency
43	43	Management Agency for preparing for, responding to, and recovering
44	44	from a disaster that emphasize cooperation among federal agencies,
45	45	state agencies, local governments, nongovernmental organizations,
46	46	private entities, and individuals in each activity or project
47	47	undertaken to ensure that this state is prepared to effectively
48	48	respond to and recover from a disaster; and
49	49	(10) provide the authority and mechanism to respond to
50	50	an energy emergency.
51	51	SECTION 2. Section 418.004(1), Government Code, is amended
52	52	to read as follows:
53	53	(1) "Disaster" means the occurrence or imminent threat
54	54	of widespread or severe damage, injury, or loss of life or property
55	55	resulting from any natural or man-made cause unrelated to the use of
56	56	force or violence such as civil unrest, riots, or insurrection. The
57	57	term includes[, including] fire, flood, earthquake, wind, storm,
58	58	wave action, oil spill or other water contamination, volcanic
59	59	activity, epidemic, air contamination, blight, drought,
60	60	infestation, explosion, [riot, hostile military or paramilitary
61	61	action,] extreme heat, cybersecurity event, other public calamity
62	62	requiring emergency action, or energy emergency.
63	63	SECTION 3. Subchapter B, Chapter 418, Government Code, is
64	64	amended by adding Section 418.0126 to read as follows:
65	65	Sec. 418.0126. CERTAIN POWER RELATED TO BUSINESSES RESERVED
66	66	TO LEGISLATURE. (a) Notwithstanding any other law, during a
67	67	declared state of disaster, only the legislature has the authority
68	68	to restrict or impair the operation or occupancy of businesses in
69	69	this state by category or region to appropriately respond to the
70	70	disaster. The legislature may only exercise the authority granted
71	71	by this subsection in a county after consulting with the county
72	72	judge of each county impacted by the disaster.
73	73	(b) The governor by proclamation shall convene the
74	74	legislature in special session to respond to a declared state of
75	75	disaster if the governor finds that the authority of the
76	76	legislature under Subsection (a) should be exercised and the
77	77	legislature is not convened in regular or special session.
78	78	SECTION 4. Section 418.014, Government Code, is amended by
79	79	amending Subsections (b) and (c) and adding Subsection (c-1) to
80	80	read as follows:
81	81	(b) Except as provided by Subsection (c) or (c-1), the state
82	82	of disaster continues until the governor:
83	83	(1) finds that:
84	84	(A) the threat or danger has passed; or
85	85	(B) the disaster has been dealt with to the
86	86	extent that emergency conditions no longer exist; and
87	87	(2) terminates the state of disaster by executive
88	88	order.
89	89	(c) A state of disaster may not continue for more than 30
90	90	days unless renewed by the governor, subject to Subsection (c-1).
91	91	The legislature by law may terminate a state of disaster at any
92	92	time. On termination by the legislature, the governor shall issue
93	93	an executive order ending the state of disaster.
94	94	(c-1) If the governor finds that a state of disaster
95	95	described by Section 8(c), Article IV, Texas Constitution, requires
96	96	renewal and the legislature is not convened in regular or special
97	97	session, the governor by proclamation shall convene the legislature
98	98	in special session to renew, extend, or otherwise respond to the
99	99	state of disaster. The governor may not declare a new state of
100	100	disaster based on the same or a substantially similar finding as a
101	101	prior state of disaster subject to this subsection that was
102	102	terminated or not renewed by the legislature.
103	103	SECTION 5. Section 418.0155, Government Code, is amended by
104	104	adding Subsections (c) and (d) to read as follows:
105	105	(c) The governor's office shall publish the list compiled
106	106	under Subsection (a) on the office's Internet website.
107	107	(d) Each state agency impacted by the suspension of a
108	108	statute or rule on the list compiled under Subsection (a) shall
109	109	publish on the agency's Internet website a list of those statutes
110	110	and rules. The agency's list must be:
111	111	(1) posted or updated within 24 hours of any
112	112	suspension; and
113	113	(2) accessible by selecting or viewing not more than
114	114	two Internet web pages after accessing the agency's Internet home
115	115	page.
116	116	SECTION 6. Section 418.016(a), Government Code, is amended
117	117	to read as follows:
118	118	(a) Subject to Sections 418.0126 and 418.0165, the [The]
119	119	governor may suspend the provisions of any regulatory statute
120	120	prescribing the procedures for conduct of state business or the
121	121	orders or rules of a state agency if strict compliance with the
122	122	provisions, orders, or rules would in any way prevent, hinder, or
123	123	delay necessary action in coping with a disaster.
124	124	SECTION 7. Subchapter B, Chapter 418, Government Code, is
125	125	amended by adding Section 418.0165 to read as follows:
126	126	Sec. 418.0165. LIMITATION ON POWER TO SUSPEND LAWS OR
127	127	RULES. (a) Notwithstanding any provision of this chapter, the
128	128	governor may not suspend:
129	129	(1) a provision of this chapter or Chapter 433; or
130	130	(2) a law or rule related to the application of Chapter
131	131	325 (Texas Sunset Act), the suspension of which results in the
132	132	continuation of a state agency beyond the date prescribed in
133	133	statute for the abolishment of the agency.
134	134	(b) Except as provided by Subsection (d), the governor may
135	135	suspend a provision of the Code of Criminal Procedure, Election
136	136	Code, or Penal Code only during the first 30 days of a declared
137	137	state of disaster.
138	138	(c) If the governor finds that a suspension authorized by
139	139	Subsection (b) should be continued beyond the first 30 days of a
140	140	declared state of disaster and the legislature is not convened in
141	141	regular or special session, the governor by proclamation shall
142	142	convene the legislature in special session to respond to a state of
143	143	disaster.
144	144	(d) Except as provided by this subsection, the governor may
145	145	not suspend a provision of the Election Code related to the
146	146	qualifications or procedures for early voting by mail or to the
147	147	procedures for accepting a voter during any voting period,
148	148	including procedures related to voter identification, residency,
149	149	and signature requirements, except that the governor may suspend
150	150	Section 86.006(a-1), Election Code, only for the purpose of
151	151	allowing a voter registered to vote at an address located in a
152	152	disaster area to deliver a marked ballot voted under Section
153	153	86.006(a-1) to the early voting clerk's office on or before
154	154	election day. This subsection does not prohibit the governor from
155	155	suspending a provision of the Election Code to extend the voting
156	156	period for early voting by mail as necessary to address the declared
157	157	disaster.
158	158	SECTION 8. Subchapter B, Chapter 418, Government Code, is
159	159	amended by adding Section 418.027 to read as follows:
160	160	Sec. 418.027. PREEMPTION OF DECLARATION OF LOCAL DISASTER.
161	161	A declaration of local disaster issued under Subchapter E may not
162	162	conflict with, or expand or limit the scope of, a declaration of
163	163	disaster issued under this subchapter unless expressly authorized
164	164	by a proclamation or executive order issued by the governor under
165	165	this chapter.
166	166	SECTION 9. Section 433.001, Government Code, is amended to
167	167	read as follows:
168	168	Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
169	169	application of the chief executive officer or governing body of a
170	170	county or municipality during an emergency, the governor may
171	171	proclaim a state of emergency and designate the area involved. For
172	172	the purposes of this section an emergency exists in the following
173	173	situations:
174	174	(1) a riot or unlawful assembly by three or more
175	175	persons acting together by use of force or violence;
176	176	(2) if a clear and present danger of the use of force
177	177	or violence exists; or
178	178	(3) a natural or man-made disaster related to the use
179	179	of force or violence such as civil unrest or insurrection.
180	180	SECTION 10. Section 433.002, Government Code, is amended by
181	181	amending Subsection (b) and adding Subsection (d) to read as
182	182	follows:
183	183	(b) Subject to Section 433.0025, the [The] directive may
184	184	provide for:
185	185	(1) control of public and private transportation in
186	186	the affected area;
187	187	(2) designation of specific zones in the affected area
188	188	in which, if necessary, the use and occupancy of buildings and
189	189	vehicles may be controlled;
190	190	(3) control of the movement of persons;
191	191	(4) control of places of amusement or assembly;
192	192	(5) establishment of curfews;
193	193	(6) control of the sale, transportation, and use of
194	194	alcoholic beverages; and
195	195	(7) control of the storage, use, and transportation of
196	196	explosives or flammable materials considered dangerous to public
197	197	safety, other than explosives or flammable materials that are
198	198	components of firearm ammunition.
199	199	(d) A directive issued under this section applies only
200	200	within the jurisdictional boundaries of the county or municipality
201	201	for which an application was made under Section 433.001.
202	202	SECTION 11. Chapter 433, Government Code, is amended by
203	203	adding Section 433.0025 to read as follows:
204	204	Sec. 433.0025. CERTAIN POWER RELATED TO BUSINESSES RESERVED
205	205	TO LEGISLATURE. (a) During a state of emergency, only the
206	206	legislature has the authority to restrict or impair the operation
207	207	or occupancy of businesses in this state by category or region to
208	208	appropriately respond to the emergency.
209	209	(b) The governor by proclamation shall convene the
210	210	legislature in special session to respond to a state of emergency if
211	211	the governor finds that the authority of the legislature under
212	212	Subsection (a) should be exercised and the legislature is not
213	213	convened in regular or special session.
214	214	SECTION 12. Section 418.019, Government Code, is repealed.
215	215	SECTION 13. The changes in law made by this Act apply only
216	216	to an order, proclamation, regulation, or directive issued on or
217	217	after the effective date of this Act.
218	218	SECTION 14. This Act takes effect December 1, 2023, but only
219	219	if the constitutional amendment proposed by the 88th Legislature,
220	220	Regular Session, 2023, regarding the powers of the governor, the
221	221	legislature, and the supreme court following certain disaster or
222	222	emergency declarations is approved by the voters. If that
223	223	amendment is not approved by the voters, this Act has no effect.