By: Luther H.B. No. 5464
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governor, and certain political
subdivisions with respect to disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 418, Government Code, is
amended by inserting in 418.014 after Subsection(c)to read as
follows:
(c-1) The Governor shall convene the Legislature in special
session for the purposes described by Subsection (c-2) of this
section when the Governor proposes to renew an order or
proclamation declaring a state of disaster or issue a new order or
proclamation regarding the same state of disaster or emergency
that:
(1) exists in at least two-fifths of the counties in
this state;
(2) affects at least half of this state's population
according to the most recent federal decennial census; or
(3) affects at least two-thirds of the counties in
each of three or more trauma service areas in this state, as
designated by the appropriate state agency.
(c-2) In a special session convened under Subsection (c-1)
of this section, the Legislature may:
(1) renew or extend the state of disaster;
(2) respond to the state of disaster, including by:
(A) enacting laws and adopting resolutions the
Legislature determines are related to the state of disaster; and
(B) exercising the powers reserved to the
Legislature under Section 28, Article I, Texas Constitution; and
(3) consider any other subject stated in the
Governor's proclamation convening the Legislature.
(c-3) Except as provided by Subsection (c-4) of this
section, a state of disaster declared by the Governor that is
subject to Subsection (c-1) of this section may not continue for
more than 30 days unless the Legislature renews or extends the
declared state of disaster under Subsection (c-2) of this section.
(c-4) A state of disaster or emergency declared by the
Governor that is subject to Subsection (c-1) of this section and
that is related to a nuclear or radiological event recognized by the
federal agency with primary authority for federal response to that
event may not continue for more than 90 days unless the Legislature
renews or extends the declared state of disaster under Subsection
(c-2) of this section.
(c-5) A vote under Subsection (c-2) of this section to modify or
terminate a proclamation or order issued by the Governor declaring
a state of disaster is not subject to Section 15, Article IV, Texas
Constitution.
SECTION 2. Section 418.173, Government Code, is repealed.
SECTION 3. Section 418.042, Government Code, is amended as
follows:
(c) All or part of the state emergency management plan may
be incorporated into regulations of the division or executive
orders that have the force and effect of law.
SECTION 4. Section 418.012, Government Code, is amended as
follows:
Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter,
the governor may issue executive orders, proclamations, and
regulations and amend or rescind them. Executive orders,
proclamations, and regulations have the force and effect of law.
(b) Notwithstanding Subsection (a), the governor may not
issue an executive order, proclamation, or regulation under this
chapter that requires a person to wear a face mask or covering or
other item of personal protective equipment unless a provision of
law other than a provision of this chapter specifically authorizes
the governor to require a person to wear a face mask or covering or
other item of personal protective equipment.
(c) Notwithstanding Subsection (a), the governor may not
issue an executive order, proclamation, or regulation under this
chapter to restrict or impair the operation or occupancy of
businesses in this state.
SECTION 5. Section 418.108, Government Code, is amended to
add the following Subsection (j):
(j) The presiding officer of the governing body of a
political subdivision may not issue an order or proclamation
related to a declared state of disaster or local state of disaster
that requires a person to wear a face mask or covering or other item
of personal protective equipment unless a provision of law other
than a provision of this chapter authorizes the presiding officer
of the governing body to require a person to wear a face mask or
covering or other item of personal protective equipment.
(k) The presiding officer of the governing body of a
political subdivision may not issue an order or proclamation
related to a declared state of disaster or local state of disaster
that restricts or impairs the operation or occupancy of businesses.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.