| 1 | 1 | | 89R2014 LRM-D |
|---|
| 2 | 2 | | By: Johnson S.B. No. 951 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the authority of the governor and the legislature |
|---|
| 10 | 10 | | regarding declared states of disaster. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 418.014, Government Code, is amended by |
|---|
| 13 | 13 | | amending Subsections (b) and (c) and adding Subsections (c-1), |
|---|
| 14 | 14 | | (c-2), and (c-3) to read as follows: |
|---|
| 15 | 15 | | (b) Except as provided by Subsection (c) or (c-1), the state |
|---|
| 16 | 16 | | of disaster continues until the governor: |
|---|
| 17 | 17 | | (1) finds that: |
|---|
| 18 | 18 | | (A) the threat or danger has passed; or |
|---|
| 19 | 19 | | (B) the disaster has been dealt with to the |
|---|
| 20 | 20 | | extent that emergency conditions no longer exist; and |
|---|
| 21 | 21 | | (2) terminates the state of disaster by executive |
|---|
| 22 | 22 | | order. |
|---|
| 23 | 23 | | (c) A state of disaster may not continue for more than 30 |
|---|
| 24 | 24 | | days unless renewed by the governor, subject to Subsection (c-1). |
|---|
| 25 | 25 | | The legislature by law may terminate a state of disaster at any |
|---|
| 26 | 26 | | time. On termination by the legislature, the governor shall issue |
|---|
| 27 | 27 | | an executive order ending the state of disaster. |
|---|
| 28 | 28 | | (c-1) If the governor determines a state of disaster |
|---|
| 29 | 29 | | requires renewal for more than 90 days from the date of the initial |
|---|
| 30 | 30 | | disaster declaration, the governor may renew the state of disaster |
|---|
| 31 | 31 | | only if: |
|---|
| 32 | 32 | | (1) the joint disaster oversight committee appointed |
|---|
| 33 | 33 | | in accordance with Subsection (c-2) conducts a public hearing on |
|---|
| 34 | 34 | | renewal of the state of disaster; |
|---|
| 35 | 35 | | (2) the legislature convened in a regular or special |
|---|
| 36 | 36 | | session approves the renewal by a law that states the maximum number |
|---|
| 37 | 37 | | of days the state of disaster may continue following renewal; and |
|---|
| 38 | 38 | | (3) the governor's renewal of the state of disaster |
|---|
| 39 | 39 | | expires not later than the date set by the legislature under |
|---|
| 40 | 40 | | Subdivision (2). |
|---|
| 41 | 41 | | (c-2) The legislature shall appoint a joint disaster |
|---|
| 42 | 42 | | oversight committee. The committee consists of the chair and vice |
|---|
| 43 | 43 | | chair of: |
|---|
| 44 | 44 | | (1) the senate finance committee or its successor; |
|---|
| 45 | 45 | | (2) the house appropriations committee or its |
|---|
| 46 | 46 | | successor; |
|---|
| 47 | 47 | | (3) the senate state affairs committee or its |
|---|
| 48 | 48 | | successor; |
|---|
| 49 | 49 | | (4) the house state affairs committee or its |
|---|
| 50 | 50 | | successor; |
|---|
| 51 | 51 | | (5) two additional senate committees selected by the |
|---|
| 52 | 52 | | lieutenant governor; and |
|---|
| 53 | 53 | | (6) two additional house committees selected by the |
|---|
| 54 | 54 | | speaker of the house of representatives. |
|---|
| 55 | 55 | | (c-3) The governor may not declare a new state of disaster |
|---|
| 56 | 56 | | based on the same or a substantially similar finding as a prior |
|---|
| 57 | 57 | | state of disaster described by Subsection (c-1) that the |
|---|
| 58 | 58 | | legislature terminates or does not approve for renewal. |
|---|
| 59 | 59 | | SECTION 2. Section 418.015(c), Government Code, is amended |
|---|
| 60 | 60 | | to read as follows: |
|---|
| 61 | 61 | | (c) During a state of disaster [and the following recovery |
|---|
| 62 | 62 | | period], the governor is the commander in chief of state agencies, |
|---|
| 63 | 63 | | boards, and commissions having emergency responsibilities. To the |
|---|
| 64 | 64 | | greatest extent possible, the governor shall delegate or assign |
|---|
| 65 | 65 | | command authority by prior arrangement embodied in appropriate |
|---|
| 66 | 66 | | executive orders or plans, but this chapter does not restrict the |
|---|
| 67 | 67 | | governor's authority to do so by orders issued at the time of the |
|---|
| 68 | 68 | | disaster. |
|---|
| 69 | 69 | | SECTION 3. The changes in law made by this Act to Section |
|---|
| 70 | 70 | | 418.014, Government Code, apply only to an executive order or |
|---|
| 71 | 71 | | proclamation issued or renewed under that section on or after the |
|---|
| 72 | 72 | | effective date of this Act. |
|---|
| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|