Texas 2025 - 89th Regular

Texas House Bill HB523 Compare Versions

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1	1	By: Harrison H.B. No. 523
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the authority of the legislature, courts, the governor,
9	9	and other state and local officials regarding declared states of
10	10	disaster.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 418, Government Code, is
13	13	amended by adding Sections 418.007, 418.008, and 418.009 to read as
14	14	follows:
15	15	Sec. 418.007. RECOMMENDATIONS, GUIDELINES, AND
16	16	COORDINATION. A state or local official may issue recommendations
17	17	and nonbinding guidelines to assist with a state of disaster
18	18	declared under this chapter and may coordinate public and private
19	19	resources to prevent or respond to the disaster.
20	20	Sec. 418.008. PROTECTION OF RIGHTS. Notwithstanding any
21	21	other law, an order issued by the governor or a state or local
22	22	official under this chapter that regulates and infringes on the
23	23	rights of any private person must be:
24	24	(1) narrowly tailored to serve a compelling public
25	25	health or safety purpose; and
26	26	(2) limited in duration, applicability, and scope to
27	27	reduce any infringement on individual liberty.
28	28	Sec. 418.009. STATE COURT JURISDICTION. (a) District and
29	29	appellate courts of this state have jurisdiction to hear cases
30	30	challenging a state or local disaster order, including cases
31	31	challenging compliance with limitations on orders prescribed under
32	32	this chapter and other law, and shall expedite hearings for the
33	33	cases to the extent practicable.
34	34	(b) A court may invalidate or enjoin a disaster order, or
35	35	the application of a disaster order, that is not narrowly tailored
36	36	to serve a compelling public health or safety purpose because of the
37	37	order's inequality in application to or impact on groups,
38	38	situations, or circumstances.
39	39	SECTION 2. Section 418.012, Government Code, is amended to
40	40	read as follows:
41	41	Sec. 418.012. EXECUTIVE ORDERS, PROCLAMATIONS, AND
42	42	REGULATIONS. (a) Under this chapter, the governor may issue,
43	43	amend, or rescind executive orders, proclamations, and regulations
44	44	[and amend or rescind them].
45	45	(b) Notwithstanding any law authorizing a state or local
46	46	official to issue an order related to a declared state of disaster
47	47	and only to the extent allowed under the United States Constitution
48	48	or Texas Constitution, only the governor may issue an order that
49	49	from the date the order is issued infringes in a nontrivial manner
50	50	on a protected constitutional right, including, but not limited to:
51	51	(1) the rights to travel, work, assemble, and speak;
52	52	(2) the freedom of religious exercise;
53	53	(3) the right to contract without state interference;
54	54	(4) property rights;
55	55	(5) the freedom from unreasonable searches and
56	56	seizures; and
57	57	(6) the freedom to purchase lawfully acquired firearms
58	58	and ammunition.
59	59	(c) An order described by Subsection (b) expires on the 30th
60	60	day after the date the governor issues the order unless:
61	61	(1) the governor or the legislature by law terminates
62	62	the order on an earlier date; or
63	63	(2) the legislature by law extends the order on or
64	64	before the expiration date.
65	65	(d) If the legislature is not convened in a regular or
66	66	special session, the governor may convene the legislature to
67	67	consider an order described by Subsection (b). The members of the
68	68	legislature may remotely vote to approve, extend, or terminate the
69	69	order:
70	70	(1) by an electronic method authorized under the rules
71	71	prescribed by each house of the legislature; or
72	72	(2) as the lieutenant governor or speaker of the house
73	73	of representatives specifies when the rules do not address an
74	74	electronic voting method.
75	75	(e) The governor may not issue the same or a substantially
76	76	similar order as an order described by Subsection (b) that has
77	77	expired unless the governor determines significantly changed
78	78	circumstances require issuance of the similar order for a period
79	79	not to exceed three days or a greater period the legislature by law
80	80	approves [Executive orders, proclamations, and regulations have
81	81	the force and effect of law].
82	82	SECTION 3. Section 418.014(c), Government Code, is amended
83	83	to read as follows:
84	84	(c) A state of disaster may not continue for more than 30
85	85	days unless renewed by the legislature by law [governor]. The
86	86	legislature by law may terminate a state of disaster at any time.
87	87	On termination by the legislature, the governor shall issue an
88	88	executive order ending the state of disaster. The governor may not
89	89	declare a new state of disaster based on the same or a substantially
90	90	similar finding as a prior state of disaster that the legislature
91	91	terminated or refused to renew.
92	92	SECTION 4. Section 418.0155, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 418.0155. SUSPENSION LIST. (a) The governor's
95	95	office, using existing resources, shall compile and maintain a
96	96	comprehensive list of state agency [regulatory statutes and] rules
97	97	that may require suspension during a disaster.
98	98	(b) On request by the governor's office, a state agency that
99	99	would be impacted by the suspension of a [statute or] rule on the
100	100	list compiled under Subsection (a) shall review the list for
101	101	accuracy and shall advise the governor's office regarding any
102	102	[statutes or] rules that should be added to the list.
103	103	SECTION 5. The heading to Section 418.016, Government Code,
104	104	is amended to read as follows:
105	105	Sec. 418.016. SUSPENSION OF CERTAIN [LAWS AND] RULES.
106	106	SECTION 6. Sections 418.016(a) and (e), Government Code,
107	107	are amended to read as follows:
108	108	(a) The governor may suspend [the provisions of any
109	109	regulatory statute prescribing the procedures for conduct of state
110	110	business or] the orders or rules of a state agency if strict
111	111	compliance with the [provisions,] orders[,] or rules would in any
112	112	way prevent, hinder, or delay necessary action in coping with a
113	113	disaster.
114	114	(e) On request of a political subdivision, the governor may
115	115	waive or suspend a deadline imposed by [a statute or] the orders or
116	116	rules of a state agency on the political subdivision, including a
117	117	deadline relating to a budget or ad valorem tax, if the waiver or
118	118	suspension is reasonably necessary to cope with a disaster.
119	119	SECTION 7. Section 418.020(c), Government Code, is amended
120	120	to read as follows:
121	121	(c) Under regulations prescribed by the governor, the
122	122	governor may temporarily suspend or modify for a period of not more
123	123	than 60 days any public health, safety, zoning, intrastate
124	124	transportation, or other [law or] regulation if by proclamation the
125	125	governor considers the suspension or modification essential to
126	126	provide temporary housing or emergency shelter for disaster
127	127	victims.
128	128	SECTION 8. Section 418.042(c), Government Code, is amended
129	129	to read as follows:
130	130	(c) All or part of the state emergency management plan may
131	131	be incorporated into regulations of the division or executive
132	132	orders [that have the force and effect of law].
133	133	SECTION 9. Section 51.408(b), Occupations Code, is amended
134	134	to read as follows:
135	135	(b) An emergency license issued under this section expires
136	136	on the date indicated by the executive director, but not later than
137	137	the 90th day after the date the license is issued. If the governor
138	138	declares a [an extended] state of disaster that the legislature
139	139	renews under Section 418.014, Government Code, the executive
140	140	director may extend the term of an emergency license to an
141	141	expiration date after the 90th day after the date the license was
142	142	issued.
143	143	SECTION 10. The changes in law made by this Act apply only
144	144	to an order, proclamation, or regulation issued on or after the
145	145	effective date of this Act.
146	146	SECTION 11. This Act takes effect immediately if it
147	147	receives a vote of two-thirds of all the members elected to each
148	148	house, as provided by Section 39, Article III, Texas Constitution.
149	149	If this Act does not receive the vote necessary for immediate
150	150	effect, this Act takes effect September 1, 2025.