88R348 YDB-D
By: Johnson S.B. No. 98
A BILL TO BE ENTITLED
AN ACT
relating to the renewal of a declared state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.014, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (c-1),
(c-2), and (c-3) to read as follows:
(b) Except as provided by Subsection (c) or (c-1), the state
of disaster continues until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the
extent that emergency conditions no longer exist; and
(2) terminates the state of disaster by executive
order.
(c) A state of disaster may not continue for more than 30
days unless renewed by the governor or the legislature in
accordance with Subsection (c-1). 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.
(c-1) If the legislature is convened in a regular or special
session during a state of disaster, only the legislature by law may
renew the state of disaster.
(c-2) Notwithstanding any other law, a law enacted by the
legislature to renew a state of disaster has the same force and
effect as an executive order or proclamation the governor issues
declaring a state of disaster. A reference in this chapter or other
law to an executive order or proclamation declaring a state of
disaster applies to a law enacted by the legislature under this
section to renew a state of disaster.
(c-3) 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 terminates or does not renew
in accordance with Subsection (c-1).
SECTION 2. The change in law made by this Act applies only
to an executive order or proclamation issued or renewed under
Section 418.014, Government Code, as amended by this Act, on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.