| 1 | 1 | | 88R348 YDB-D |
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| 2 | 2 | | By: Johnson S.B. No. 98 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the renewal of a declared state of disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 418.014, Government Code, is amended by |
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| 10 | 10 | | amending Subsections (b) and (c) and adding Subsections (c-1), |
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| 11 | 11 | | (c-2), and (c-3) to read as follows: |
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| 12 | 12 | | (b) Except as provided by Subsection (c) or (c-1), the state |
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| 13 | 13 | | of disaster continues until the governor: |
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| 14 | 14 | | (1) finds that: |
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| 15 | 15 | | (A) the threat or danger has passed; or |
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| 16 | 16 | | (B) the disaster has been dealt with to the |
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| 17 | 17 | | extent that emergency conditions no longer exist; and |
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| 18 | 18 | | (2) terminates the state of disaster by executive |
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| 19 | 19 | | order. |
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| 20 | 20 | | (c) A state of disaster may not continue for more than 30 |
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| 21 | 21 | | days unless renewed by the governor or the legislature in |
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| 22 | 22 | | accordance with Subsection (c-1). The legislature by law may |
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| 23 | 23 | | terminate a state of disaster at any time. On termination by the |
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| 24 | 24 | | legislature, the governor shall issue an executive order ending the |
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| 25 | 25 | | state of disaster. |
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| 26 | 26 | | (c-1) If the legislature is convened in a regular or special |
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| 27 | 27 | | session during a state of disaster, only the legislature by law may |
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| 28 | 28 | | renew the state of disaster. |
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| 29 | 29 | | (c-2) Notwithstanding any other law, a law enacted by the |
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| 30 | 30 | | legislature to renew a state of disaster has the same force and |
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| 31 | 31 | | effect as an executive order or proclamation the governor issues |
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| 32 | 32 | | declaring a state of disaster. A reference in this chapter or other |
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| 33 | 33 | | law to an executive order or proclamation declaring a state of |
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| 34 | 34 | | disaster applies to a law enacted by the legislature under this |
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| 35 | 35 | | section to renew a state of disaster. |
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| 36 | 36 | | (c-3) The governor may not declare a new state of disaster |
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| 37 | 37 | | based on the same or a substantially similar finding as a prior |
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| 38 | 38 | | state of disaster that the legislature terminates or does not renew |
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| 39 | 39 | | in accordance with Subsection (c-1). |
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| 40 | 40 | | SECTION 2. The change in law made by this Act applies only |
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| 41 | 41 | | to an executive order or proclamation issued or renewed under |
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| 42 | 42 | | Section 418.014, Government Code, as amended by this Act, on or |
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| 43 | 43 | | after the effective date of this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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