Texas Senate Bill SB1106

Texas 2023 - 88th Regular

• Filed: 2/22/23

Caption

Relating to the legislature's authority to terminate a declared state of disaster.

Impact

If SB1106 is enacted, it will modify the existing regulatory framework surrounding disaster declarations in Texas. Currently, a state of disaster can be declared by the governor, with provisions for renewal. This legislation will add a check by allowing the legislature to end a disaster declaration, mitigating the potential for prolonged executive control without legislative input. The bill's introduction may alter the dynamics of power during emergencies, introducing a layer of accountability for decision-makers while potentially enabling quicker legislative responses to changing circumstances during disasters.

Summary

Senate Bill 1106, proposed by Senator Birdwell, addresses the legislature's authority to terminate a declared state of disaster. The bill amends Section 418.014 of the Government Code to stipulate that a state of disaster may not last longer than 30 days unless renewed by the governor. Significantly, it empowers the legislature to terminate a state of disaster at any time through a concurrent resolution, necessitating an executive order from the governor following such termination. This bill aims to enhance legislative oversight during states of emergency, thereby ensuring that the actions of the executive branch are subject to legislative review.

Sentiment

The sentiment surrounding SB1106 appears to be mixed. Proponents argue that the bill is a necessary step toward ensuring a balanced approach between legislative and executive powers during emergencies. They believe enhanced legislative oversight will protect civil liberties and ensure that emergency measures do not extend beyond what is deemed necessary. Conversely, critics may express concern that this bill could complicate the emergency response process, as quick decision-making during disasters often requires swift action from the executive branch without legislative delay. This highlights a potential conflict between efficient governance and the desire for accountability.

Contention

Notable points of contention include concerns about the practical implications of intertwining legislative and executive actions during crises. Questions arise over whether the legislative process might introduce delays that could hinder timely disaster responses. Additionally, discussions on the potential for political motivations to influence the termination of disaster declarations could emerge, with concerns that the legislature may initiate terminations for reasons unrelated to the public interest or safety. Therefore, the balance between accountability and the need for rapid action remains a crucial aspect of debates around SB1106.

Texas Constitutional Statutes Affected

Government Code

• Chapter 418. Emergency Management
  • Section: 014