89R2014 LRM-D
By: Johnson S.B. No. 951
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governor and the legislature
regarding declared states of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.014, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (c-1),
(c-2), and (c-3) to read as follows:
(b) Except as provided by Subsection (c) or (c-1), the state
of disaster continues until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the
extent that emergency conditions no longer exist; and
(2) terminates the state of disaster by executive
order.
(c) A state of disaster may not continue for more than 30
days unless renewed by the governor, subject to Subsection (c-1).
The legislature by law may terminate a state of disaster at any
time. On termination by the legislature, the governor shall issue
an executive order ending the state of disaster.
(c-1) If the governor determines a state of disaster
requires renewal for more than 90 days from the date of the initial
disaster declaration, the governor may renew the state of disaster
only if:
(1) the joint disaster oversight committee appointed
in accordance with Subsection (c-2) conducts a public hearing on
renewal of the state of disaster;
(2) the legislature convened in a regular or special
session approves the renewal by a law that states the maximum number
of days the state of disaster may continue following renewal; and
(3) the governor's renewal of the state of disaster
expires not later than the date set by the legislature under
Subdivision (2).
(c-2) The legislature shall appoint a joint disaster
oversight committee. The committee consists of the chair and vice
chair of:
(1) the senate finance committee or its successor;
(2) the house appropriations committee or its
successor;
(3) the senate state affairs committee or its
successor;
(4) the house state affairs committee or its
successor;
(5) two additional senate committees selected by the
lieutenant governor; and
(6) two additional house committees selected by the
speaker of the house of representatives.
(c-3) The governor may not declare a new state of disaster
based on the same or a substantially similar finding as a prior
state of disaster described by Subsection (c-1) that the
legislature terminates or does not approve for renewal.
SECTION 2. Section 418.015(c), Government Code, is amended
to read as follows:
(c) During a state of disaster [and the following recovery
period], the governor is the commander in chief of state agencies,
boards, and commissions having emergency responsibilities. To the
greatest extent possible, the governor shall delegate or assign
command authority by prior arrangement embodied in appropriate
executive orders or plans, but this chapter does not restrict the
governor's authority to do so by orders issued at the time of the
disaster.
SECTION 3. The changes in law made by this Act to Section
418.014, Government Code, apply only to an executive order or
proclamation issued or renewed under that section on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.