Texas 2025 - 89th Regular

Texas Senate Bill SB871

Filed
1/22/25  
Out of Senate Committee
4/7/25  
Voted on by Senate
4/10/25  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

Impact

The implications of SB871 are notable, as it centralizes certain emergency powers limiting the governor's unencumbered authority to act in crises, particularly towards business operations. This change is intended to promote checks and balances between state and local governments, ensuring local leaders have a say in responses impacting their communities. Furthermore, by requiring consultation with local authorities before imposing statewide measures, the legislation aims to enhance community-oriented disaster management. However, this could also lead to delays in responding to emergencies due to additional bureaucratic processes in the legislature.

Summary

Senate Bill 871 aims to redefine the authority of the Texas Legislature and the Governor during disasters and emergencies. The bill amends existing statutes to clarify the roles of state and local governments when responding to emergencies, emphasizing the need for a coordinated effort across various jurisdictions. Key to the bill is the provision that gives the legislature exclusive power to restrict or control business operations during a declared disaster, a significant shift from the previous framework that allowed governors to impose such restrictions unilaterally. The legislation introduces mechanisms for better communication and cooperation between state and local officials to effectively manage disaster response and recovery efforts.

Sentiment

Reception of SB871 has been mixed among lawmakers and stakeholders. Supporters argue that the bill is a necessary reform that ensures local governments retain some control over disaster management that directly affects their constituents. They believe that localized decision-making will lead to more effective and tailored responses to emergencies. Conversely, opponents express concern that the bill may hinder rapid response efforts, with increased reliance on legislative action potentially delaying timely interventions crucial during disasters. The sentiment around this bill reflects a profound debate about the balance of power between state and local governance in crisis situations.

Contention

A significant point of contention surrounding SB871 is its potential impact on emergency responsiveness. Critics worry that requiring legislative consultation may complicate and prolong decision-making during urgent situations. Furthermore, the bill's provision to limit the governor’s ability to act independently raises questions about the readiness of legislative bodies to convene in time to address fast-moving emergencies. The necessity for legislative approval may not align well with the unpredictable nature of disasters, leading to discussions about the viability of this framework during actual emergencies.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 418. Emergency Management
    • Section: New Section
    • Section: 016
    • Section: New Section
    • Section: 019
    • Section: New Section
    • Section: 0155
    • Section: New Section
    • Section: 014
    • Section: 0155
    • Section: 016
    • Section: New Section
    • Section: New Section
    • Section: 0155
  • Chapter 433. State Of Emergency
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SJR40

Enabling for Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

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