LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 3, 2025 TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB871 by Birdwell (relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.), Committee Report 1st House, Substituted The provisions of the bill would result in a cost to the state which cannot be determined at this time. The fiscal impact would be contingent upon whether a state of disaster is declared within the biennium. The bill would amend Chapter 418 the Government Code to identify purposes of the chapter and to define "disaster" as it relates to the provisions outlined in the code. The bill would specify that during a declared state of disaster only the legislature has the authority to restrict or impair the operation of businesses. The bill would provide the governor the ability to convene the legislature in a special session to respond to a declared state of disaster, as described by the Texas Constitution. The bill would require the Office of the Governor to publish a compiled list on its website of regulatory statutes and rules that may require suspension during a disaster. Each agency that is impacted by a statute or rule included on the Office of the Governor's published list would be required to publish a list of those statutes or rules. The bill would provide specific parameters to rules and laws that the governor may suspend during state of disaster. The bill would set parameters for the governor declaring a state of emergency.The bill is contingent upon the passage of the constitutional amendment proposed by S.J.R. No. 40 of the 89th Legislature, Regular Session, or a similar constitutional amendment. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 116 Sunset Advisory Commission, 300 Trusteed Programs Within the Office of the Governor, 537 State Health Services, Department of LBB Staff: b > td > JMc, WP, LCO, KCu, NV, CMA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 3, 2025
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB871 by Birdwell (relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.), Committee Report 1st House, Substituted
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB871 by Birdwell (relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.), Committee Report 1st House, Substituted
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB871 by Birdwell (relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.), Committee Report 1st House, Substituted
SB871 by Birdwell (relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.), Committee Report 1st House, Substituted
The provisions of the bill would result in a cost to the state which cannot be determined at this time. The fiscal impact would be contingent upon whether a state of disaster is declared within the biennium.
The provisions of the bill would result in a cost to the state which cannot be determined at this time. The fiscal impact would be contingent upon whether a state of disaster is declared within the biennium.
The bill would amend Chapter 418 the Government Code to identify purposes of the chapter and to define "disaster" as it relates to the provisions outlined in the code. The bill would specify that during a declared state of disaster only the legislature has the authority to restrict or impair the operation of businesses. The bill would provide the governor the ability to convene the legislature in a special session to respond to a declared state of disaster, as described by the Texas Constitution. The bill would require the Office of the Governor to publish a compiled list on its website of regulatory statutes and rules that may require suspension during a disaster. Each agency that is impacted by a statute or rule included on the Office of the Governor's published list would be required to publish a list of those statutes or rules. The bill would provide specific parameters to rules and laws that the governor may suspend during state of disaster. The bill would set parameters for the governor declaring a state of emergency.The bill is contingent upon the passage of the constitutional amendment proposed by S.J.R. No. 40 of the 89th Legislature, Regular Session, or a similar constitutional amendment.
The bill would specify that during a declared state of disaster only the legislature has the authority to restrict or impair the operation of businesses. The bill would provide the governor the ability to convene the legislature in a special session to respond to a declared state of disaster, as described by the Texas Constitution.
The bill would require the Office of the Governor to publish a compiled list on its website of regulatory statutes and rules that may require suspension during a disaster. Each agency that is impacted by a statute or rule included on the Office of the Governor's published list would be required to publish a list of those statutes or rules.
The bill would provide specific parameters to rules and laws that the governor may suspend during state of disaster. The bill would set parameters for the governor declaring a state of emergency.The bill is contingent upon the passage of the constitutional amendment proposed by S.J.R. No. 40 of the 89th Legislature, Regular Session, or a similar constitutional amendment.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 116 Sunset Advisory Commission, 300 Trusteed Programs Within the Office of the Governor, 537 State Health Services, Department of
116 Sunset Advisory Commission, 300 Trusteed Programs Within the Office of the Governor, 537 State Health Services, Department of
LBB Staff: b > td > JMc, WP, LCO, KCu, NV, CMA
JMc, WP, LCO, KCu, NV, CMA