Texas 2025 - 89th Regular

Texas Senate Bill SB871 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell, Kolkhorst S.B. No. 871
2		-	Middleton
3		-
4		-
	1	+	By: Birdwell S.B. No. 871
	2	+	(In the Senate - Filed January 22, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 7, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 7, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 871 By: Birdwell
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9	13		relating to the authority of the legislature, governor, and certain
10	14		political subdivisions with respect to disasters and emergencies.
11	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	16		SECTION 1. Section 418.002, Government Code, is amended to
13	17		read as follows:
14	18		Sec. 418.002. PURPOSES. The purposes of this chapter are
15	19		to:
16	20		(1) reduce vulnerability of people and communities of
17	21		this state to damage, injury, and loss of life and property
18	22		resulting from natural or man-made disasters [catastrophes, riots,
19	23		or hostile military or paramilitary action];
20	24		(2) prepare for prompt and efficient rescue, care, and
21	25		treatment of persons victimized or threatened by disaster;
22	26		(3) provide a setting conducive to the rapid and
23	27		orderly restoration and rehabilitation of persons and property
24	28		affected by disasters;
25	29		(4) clarify and strengthen the roles of the governor,
26	30		state agencies, the judicial branch of state government, and local
27	31		governments in prevention of, preparation for, response to, and
28	32		recovery from disasters;
29	33		(5) authorize and provide for cooperation in disaster
30	34		mitigation, preparedness, response, and recovery;
31	35		(6) authorize and provide for coordination of
32	36		activities relating to disaster mitigation, preparedness,
33	37		response, and recovery by agencies and officers of this state, and
34	38		similar state-local, interstate, federal-state, and foreign
35	39		activities in which the state and its political subdivisions may
36	40		participate;
37	41		(7) provide an emergency management system embodying
38	42		all aspects of predisaster preparedness and postdisaster response;
39	43		(8) assist in mitigation of disasters caused or
40	44		aggravated by inadequate planning for and regulation of public and
41	45		private facilities and land use;
42	46		(9) encourage state agencies, local governments,
43	47		nongovernmental organizations, private entities, and individuals
44	48		to adopt the goals of the strategic plan of the Federal Emergency
45	49		Management Agency for preparing for, responding to, and recovering
46	50		from a disaster that emphasize cooperation among federal agencies,
47	51		state agencies, local governments, nongovernmental organizations,
48	52		private entities, and individuals in each activity or project
49	53		undertaken to ensure that this state is prepared to effectively
50	54		respond to and recover from a disaster; and
51	55		(10) provide the authority and mechanism to respond to
52	56		an energy emergency.
53	57		SECTION 2. Section 418.004(1), Government Code, is amended
54	58		to read as follows:
55	59		(1) "Disaster" means the occurrence or imminent threat
56	60		of widespread or severe damage, injury, or loss of life or property
57	61		resulting from any natural or man-made cause unrelated to the use of
58	62		force or violence such as civil unrest, riots, or insurrection. The
59	63		term includes[, including] fire, flood, earthquake, wind, storm,
60	64		wave action, oil spill or other water contamination, volcanic
61	65		activity, epidemic, air contamination, blight, drought,
62	66		infestation, explosion, [riot, hostile military or paramilitary
63	67		action,] extreme heat, cybersecurity event, other public calamity
64	68		requiring emergency action, or energy emergency.
65	69		SECTION 3. Subchapter B, Chapter 418, Government Code, is
66	70		amended by adding Section 418.0126 to read as follows:
67	71		Sec. 418.0126. CERTAIN POWER RELATED TO BUSINESSES RESERVED
68	72		TO LEGISLATURE. (a) Notwithstanding any other law, during a
69	73		declared state of disaster, only the legislature has the authority
70	74		to restrict or impair the operation or occupancy of businesses in
71	75		this state by category or region to appropriately respond to the
72	76		disaster. The legislature may only exercise the authority granted
73	77		by this subsection in a county after consulting with the county
74	78		judge of each county impacted by the disaster.
75	79		(b) The governor by proclamation shall convene the
76	80		legislature in special session to respond to a declared state of
77	81		disaster if the governor finds that the authority of the
78	82		legislature under Subsection (a) should be exercised and the
79	83		legislature is not convened in regular or special session.
80	84		SECTION 4. Section 418.014, Government Code, is amended by
81	85		amending Subsections (b) and (c) and adding Subsection (c-1) to
82	86		read as follows:
83	87		(b) Except as provided by Subsection (c) or (c-1), the state
84	88		of disaster continues until the governor:
85	89		(1) finds that:
86	90		(A) the threat or danger has passed; or
87	91		(B) the disaster has been dealt with to the
88	92		extent that emergency conditions no longer exist; and
89	93		(2) terminates the state of disaster by executive
90	94		order.
91	95		(c) A state of disaster may not continue for more than 30
92	96		days unless renewed by the governor, subject to Subsection (c-1).
93	97		The legislature by law may terminate a state of disaster at any
94	98		time. On termination by the legislature, the governor shall issue
95	99		an executive order ending the state of disaster.
96	100		(c-1) If the governor finds that a state of disaster
97	101		described by Section 8(c), Article IV, Texas Constitution, requires
98	102		renewal and the legislature is not convened in regular or special
99	103		session, the governor by proclamation shall convene the legislature
100	104		in special session to renew, extend, or otherwise respond to the
101	105		state of disaster. The governor may not declare a new state of
102	106		disaster based on the same or a substantially similar finding as a
103	107		prior state of disaster subject to this subsection that was
104	108		terminated or not renewed by the legislature.
105	109		SECTION 5. Section 418.0155, Government Code, is amended by
106	110		adding Subsections (c) and (d) to read as follows:
107	111		(c) The governor's office shall publish the list compiled
108	112		under Subsection (a) on the office's Internet website.
109	113		(d) Each state agency impacted by the suspension of a
110	114		statute or rule on the list compiled under Subsection (a) shall
111	115		publish on the agency's Internet website a list of those statutes
112	116		and rules. The agency's list must be:
113	117		(1) posted or updated within 24 hours of any
114	118		suspension; and
115	119		(2) accessible by selecting or viewing not more than
116	120		two Internet web pages after accessing the agency's Internet home
117	121		page.
118	122		SECTION 6. Section 418.016(a), Government Code, is amended
119	123		to read as follows:
120	124		(a) Subject to Sections 418.0126 and 418.0165, the [The]
121	125		governor may suspend the provisions of any regulatory statute
122	126		prescribing the procedures for conduct of state business or the
123	127		orders or rules of a state agency if strict compliance with the
124	128		provisions, orders, or rules would in any way prevent, hinder, or
125	129		delay necessary action in coping with a disaster.
126	130		SECTION 7. Subchapter B, Chapter 418, Government Code, is
127	131		amended by adding Section 418.0165 to read as follows:
128	132		Sec. 418.0165. LIMITATION ON POWER TO SUSPEND LAWS OR
129	133		RULES. (a) Notwithstanding any provision of this chapter, the
130	134		governor may not suspend:
131	135		(1) a provision of this chapter or Chapter 433; or
132	136		(2) a law or rule related to the application of Chapter
133	137		325 (Texas Sunset Act), the suspension of which results in the
134	138		continuation of a state agency beyond the date prescribed in
135	139		statute for the abolishment of the agency.
136	140		(b) Except as provided by Subsection (d), the governor may
137	141		suspend a provision of the Code of Criminal Procedure, Election
138	142		Code, or Penal Code only during the first 30 days of a declared
139	143		state of disaster.
140	144		(c) If the governor finds that a suspension authorized by
141	145		Subsection (b) should be continued beyond the first 30 days of a
142	146		declared state of disaster and the legislature is not convened in
143	147		regular or special session, the governor by proclamation shall
144	148		convene the legislature in special session to respond to a state of
145	149		disaster.
146	150		(d) Except as provided by this subsection, the governor may
147	151		not suspend a provision of the Election Code related to the
148	152		qualifications or procedures for early voting by mail or to the
149	153		procedures for accepting a voter during any voting period,
150	154		including procedures related to voter identification, residency,
151	155		and signature requirements, except that the governor may suspend
152	156		Section 86.006(a-1), Election Code, only for the purpose of
153	157		allowing a voter registered to vote at an address located in a
154	158		disaster area to deliver a marked ballot voted under Section
155	159		86.006(a-1) to the early voting clerk's office on or before
156	160		election day. This subsection does not prohibit the governor from
157	161		suspending a provision of the Election Code to extend the voting
158	162		period for early voting by mail as necessary to address the declared
159	163		disaster.
160	164		SECTION 8. Subchapter B, Chapter 418, Government Code, is
161	165		amended by adding Section 418.027 to read as follows:
162	166		Sec. 418.027. PREEMPTION OF DECLARATION OF LOCAL DISASTER.
163	167		A declaration of local disaster issued under Subchapter E may not
164	168		conflict with, or expand or limit the scope of, a declaration of
165	169		disaster issued under this subchapter unless expressly authorized
166	170		by a proclamation or executive order issued by the governor under
167	171		this chapter.
168	172		SECTION 9. Section 433.001, Government Code, is amended to
169	173		read as follows:
170	174		Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On
171	175		application of the chief executive officer or governing body of a
172	176		county or municipality during an emergency, the governor may
173	177		proclaim a state of emergency and designate the area involved. For
174	178		the purposes of this section an emergency exists in the following
175	179		situations:
176	180		(1) a riot or unlawful assembly by three or more
177	181		persons acting together by use of force or violence;
178	182		(2) if a clear and present danger of the use of force
179	183		or violence exists; or
180	184		(3) a natural or man-made disaster related to the use
181	185		of force or violence such as civil unrest or insurrection.
182	186		SECTION 10. Section 433.002, Government Code, is amended by
183	187		amending Subsection (b) and adding Subsection (d) to read as
184	188		follows:
185	189		(b) Subject to Section 433.0025, the [The] directive may
186	190		provide for:
187	191		(1) control of public and private transportation in
188	192		the affected area;
189	193		(2) designation of specific zones in the affected area
190	194		in which, if necessary, the use and occupancy of buildings and
191	195		vehicles may be controlled;
192	196		(3) control of the movement of persons;
193	197		(4) control of places of amusement or assembly;
194	198		(5) establishment of curfews;
195	199		(6) control of the sale, transportation, and use of
196	200		alcoholic beverages; and
197	201		(7) control of the storage, use, and transportation of
198	202		explosives or flammable materials considered dangerous to public
199	203		safety, other than explosives or flammable materials that are
200	204		components of firearm ammunition.
201	205		(d) A directive issued under this section applies only
202	206		within the jurisdictional boundaries of the county or municipality
203	207		for which an application was made under Section 433.001.
204	208		SECTION 11. Chapter 433, Government Code, is amended by
205	209		adding Section 433.0025 to read as follows:
206	210		Sec. 433.0025. CERTAIN POWER RELATED TO BUSINESSES RESERVED
207	211		TO LEGISLATURE. (a) During a state of emergency, only the
208	212		legislature has the authority to restrict or impair the operation
209	213		or occupancy of businesses in this state by category or region to
210	214		appropriately respond to the emergency.
211	215		(b) The governor by proclamation shall convene the
212	216		legislature in special session to respond to a state of emergency if
213	217		the governor finds that the authority of the legislature under
214	218		Subsection (a) should be exercised and the legislature is not
215	219		convened in regular or special session.
216	220		SECTION 12. Section 418.019, Government Code, is repealed.
217	221		SECTION 13. The changes in law made by this Act apply only
218	222		to an order, proclamation, regulation, or directive issued on or
219	223		after the effective date of this Act.
220	224		SECTION 14. This Act takes effect January 1, 2027, but only
221	225		if the constitutional amendment proposed by the 89th Legislature,
222	226		Regular Session, 2025, regarding the powers of the governor, the
223	227		legislature, and the supreme court following certain disaster or
224	228		emergency declarations is approved by the voters. If that
225	229		amendment is not approved by the voters, this Act has no effect.
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