Texas 2025 - 89th Regular

Texas House Bill HB5464 Compare Versions

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1	1		By: Luther H.B. No. 5464
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the authority of the governor, and certain political
7	9		subdivisions with respect to disasters.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter B, Chapter 418, Government Code, is
10	12		amended by inserting in 418.014 after Subsection(c)to read as
11	13		follows:
12	14		(c-1) The Governor shall convene the Legislature in special
13	15		session for the purposes described by Subsection (c-2) of this
14	16		section when the Governor proposes to renew an order or
15	17		proclamation declaring a state of disaster or issue a new order or
16	18		proclamation regarding the same state of disaster or emergency
17	19		that:
18	20		(1) exists in at least two-fifths of the counties in
19	21		this state;
20	22		(2) affects at least half of this state's population
21	23		according to the most recent federal decennial census; or
22	24		(3) affects at least two-thirds of the counties in
23	25		each of three or more trauma service areas in this state, as
24	26		designated by the appropriate state agency.
25	27		(c-2) In a special session convened under Subsection (c-1)
26	28		of this section, the Legislature may:
27	29		(1) renew or extend the state of disaster;
28	30		(2) respond to the state of disaster, including by:
29	31		(A) enacting laws and adopting resolutions the
30	32		Legislature determines are related to the state of disaster; and
31	33		(B) exercising the powers reserved to the
32	34		Legislature under Section 28, Article I, Texas Constitution; and
33	35		(3) consider any other subject stated in the
34	36		Governor's proclamation convening the Legislature.
35	37		(c-3) Except as provided by Subsection (c-4) of this
36	38		section, a state of disaster declared by the Governor that is
37	39		subject to Subsection (c-1) of this section may not continue for
38	40		more than 30 days unless the Legislature renews or extends the
39	41		declared state of disaster under Subsection (c-2) of this section.
40	42		(c-4) A state of disaster or emergency declared by the
41	43		Governor that is subject to Subsection (c-1) of this section and
42	44		that is related to a nuclear or radiological event recognized by the
43	45		federal agency with primary authority for federal response to that
44	46		event may not continue for more than 90 days unless the Legislature
45	47		renews or extends the declared state of disaster under Subsection
46	48		(c-2) of this section.
47	49		(c-5) A vote under Subsection (c-2) of this section to modify or
48	50		terminate a proclamation or order issued by the Governor declaring
49	51		a state of disaster is not subject to Section 15, Article IV, Texas
50	52		Constitution.
51	53		SECTION 2. Section 418.173, Government Code, is repealed.
52	54		SECTION 3. Section 418.042, Government Code, is amended as
53	55		follows:
54	56		(c) All or part of the state emergency management plan may
55	57		be incorporated into regulations of the division or executive
56	58		orders that have the force and effect of law.
57	59		SECTION 4. Section 418.012, Government Code, is amended as
58	60		follows:
59	61		Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter,
60	62		the governor may issue executive orders, proclamations, and
61	63		regulations and amend or rescind them. Executive orders,
62	64		proclamations, and regulations have the force and effect of law.
63	65		(b) Notwithstanding Subsection (a), the governor may not
64	66		issue an executive order, proclamation, or regulation under this
65	67		chapter that requires a person to wear a face mask or covering or
66	68		other item of personal protective equipment unless a provision of
67	69		law other than a provision of this chapter specifically authorizes
68	70		the governor to require a person to wear a face mask or covering or
69	71		other item of personal protective equipment.
70	72		(c) Notwithstanding Subsection (a), the governor may not
71	73		issue an executive order, proclamation, or regulation under this
72	74		chapter to restrict or impair the operation or occupancy of
73	75		businesses in this state.
74	76		SECTION 5. Section 418.108, Government Code, is amended to
75	77		add the following Subsection (j):
76	78		(j) The presiding officer of the governing body of a
77	79		political subdivision may not issue an order or proclamation
78	80		related to a declared state of disaster or local state of disaster
79	81		that requires a person to wear a face mask or covering or other item
80	82		of personal protective equipment unless a provision of law other
81	83		than a provision of this chapter authorizes the presiding officer
82	84		of the governing body to require a person to wear a face mask or
83	85		covering or other item of personal protective equipment.
84	86		(k) The presiding officer of the governing body of a
85	87		political subdivision may not issue an order or proclamation
86	88		related to a declared state of disaster or local state of disaster
87	89		that restricts or impairs the operation or occupancy of businesses.
88	90		SECTION 6. This Act takes effect immediately if it receives
89	91		a vote of two-thirds of all the members elected to each house, as
90	92		provided by Section 39, Article III, Texas Constitution. If this
91	93		Act does not receive the vote necessary for immediate effect, this
92	94		Act takes effect September 1, 2025.