| 1 | 1 | | 88R960 YDB-D |
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| 2 | 2 | | By: Johnson S.B. No. 99 |
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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 authority of the governor and the legislature |
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| 8 | 8 | | regarding renewal of certain declared states of disaster. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 418.014, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (c) and adding Subsections (c-1), |
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| 12 | 12 | | (c-2), and (c-3) to read as follows: |
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| 13 | 13 | | (b) Except as provided by Subsection (c) or (c-1), the state |
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| 14 | 14 | | of disaster continues until the governor: |
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| 15 | 15 | | (1) finds that: |
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| 16 | 16 | | (A) the threat or danger has passed; or |
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| 17 | 17 | | (B) the disaster has been dealt with to the |
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| 18 | 18 | | extent that emergency conditions no longer exist; and |
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| 19 | 19 | | (2) terminates the state of disaster by executive |
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| 20 | 20 | | order. |
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| 21 | 21 | | (c) A state of disaster may not continue for more than 30 |
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| 22 | 22 | | days unless renewed by the governor, subject to Subsection (c-1). |
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| 23 | 23 | | The legislature by law may terminate a state of disaster at any |
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| 24 | 24 | | time. On termination by the legislature, the governor shall issue |
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| 25 | 25 | | an executive order ending the state of disaster. |
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| 26 | 26 | | (c-1) If the governor determines a state of disaster |
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| 27 | 27 | | requires renewal for more than 90 days from the date of the initial |
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| 28 | 28 | | disaster declaration, the governor may renew the state of disaster |
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| 29 | 29 | | only if: |
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| 30 | 30 | | (1) the joint disaster oversight committee appointed |
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| 31 | 31 | | in accordance with Subsection (c-2) conducts a public hearing on |
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| 32 | 32 | | renewal of the state of disaster; |
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| 33 | 33 | | (2) the legislature convened in a regular or special |
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| 34 | 34 | | session approves the renewal by a law that states the maximum number |
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| 35 | 35 | | of days the state of disaster may continue following renewal; and |
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| 36 | 36 | | (3) the governor's renewal of the state of disaster |
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| 37 | 37 | | expires not later than the date set by the legislature under |
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| 38 | 38 | | Subdivision (2). |
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| 39 | 39 | | (c-2) The legislature shall appoint a joint disaster |
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| 40 | 40 | | oversight committee. The committee consists of the chair and vice |
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| 41 | 41 | | chair of: |
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| 42 | 42 | | (1) the senate finance committee or its successor; |
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| 43 | 43 | | (2) the house appropriations committee or its |
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| 44 | 44 | | successor; |
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| 45 | 45 | | (3) the senate state affairs committee or its |
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| 46 | 46 | | successor; |
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| 47 | 47 | | (4) the house state affairs committee or its |
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| 48 | 48 | | successor; |
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| 49 | 49 | | (5) two additional senate committees selected by the |
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| 50 | 50 | | lieutenant governor; and |
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| 51 | 51 | | (6) two additional house committees selected by the |
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| 52 | 52 | | speaker of the house of representatives. |
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| 53 | 53 | | (c-3) The governor may not declare a new state of disaster |
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| 54 | 54 | | based on the same or a substantially similar finding as a prior |
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| 55 | 55 | | state of disaster described by Subsection (c-1) that the |
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| 56 | 56 | | legislature terminates or does not approve for renewal. |
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| 57 | 57 | | SECTION 2. The changes in law made by this Act apply only to |
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| 58 | 58 | | an executive order or proclamation issued or renewed under Section |
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| 59 | 59 | | 418.014, Government Code, as amended by this Act, on or after the |
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| 60 | 60 | | effective date of this Act. |
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| 61 | 61 | | SECTION 3. This Act takes effect September 1, 2023. |
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