Bill Text: TX HB119 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 119

Introduced

Bill Title: Relating to judicial review of certain orders issued to address a declared state of disaster, declared public health disaster, or ordered public health emergency or to prevent the spread of a communicable disease.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2023-02-23 - Referred to State Affairs [HB119 Detail]

Download: Texas-2023-HB119-Introduced.html

	88R2721 AMF-D

	By: Schaefer	H.B. No. 119



	A BILL TO BE ENTITLED
	AN ACT
	relating to judicial review of certain orders issued to address a
	declared state of disaster, declared public health disaster, or
	ordered public health emergency or to prevent the spread of a
	communicable disease.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 418, Government Code, is
	amended by adding Section 418.007 to read as follows:
	Sec. 418.007. JUDICIAL REVIEW OF DISASTER ORDER. (a) A
	person has standing to file suit in a court of this state to
	challenge a provision of an order issued by the governor or the
	presiding officer of the governing body of a political subdivision
	that relates to a declared state of disaster if the provision is
	alleged to cause injury to the person or burden a right of the
	person that is protected by the state or federal constitution or by
	a state or federal law.
	(b) The person who issues the order has the burden of
	proving the challenged provision in the order:
	(1) mitigates a threat to the public caused by the
	disaster; and
	(2) is the least restrictive means of mitigating the
	threat.
	(c) The court shall enter a judgment invalidating the
	challenged provision in the order if the court finds the person who
	issued the order has not satisfied the burden imposed under
	Subsection (b).
	SECTION 2. Subchapter A, Chapter 81, Health and Safety
	Code, is amended by adding Section 81.018 to read as follows:
	Sec. 81.018. JUDICIAL REVIEW OF ORDERS RELATED TO PUBLIC
	HEALTH DISASTER, PUBLIC HEALTH EMERGENCY, OR CONTROL MEASURE. (a)
	A person has standing to file suit in a court of this state to
	challenge a provision of an order issued by the governor, the
	commissioner, the department, or a health authority that relates to
	a declared public health disaster or an ordered public health
	emergency or is imposed as a control measure to prevent the spread
	of a communicable disease if the provision is alleged to cause
	injury to the person or burden a right of the person that is
	protected by the state or federal constitution or by a state or
	federal law.
	(b) The issuer of the order has the burden of proving the
	challenged provision in the order:
	(1) mitigates a threat to the public caused by the
	public health disaster, the public health emergency, or a
	communicable disease; and
	(2) is the least restrictive means of mitigating the
	threat.
	(c) The court shall enter a judgment invalidating the
	challenged provision in the order if the court finds the issuer of
	the order has not satisfied the burden imposed under Subsection
	(b).
	SECTION 3. Section 418.007, Government Code, as added by
	this Act, and Section 81.018, Health and Safety Code, as added by
	this Act, apply only to an order issued on or after the effective
	date of this Act. An order issued before the effective date of this
	Act is governed by the law in effect immediately before that date,
	and that law is continued in effect for that purpose.
	SECTION 4. This Act takes effect September 1, 2023.