Bill Text: TX HB1406 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to judicial review of certain orders regarding a declared state of disaster or public health disaster or issued to prevent the spread of a communicable disease.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to State Affairs [HB1406 Detail]
Download: Texas-2021-HB1406-Introduced.html
87R5789 YDB-D | ||
By: Schaefer | H.B. No. 1406 |
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relating to judicial review of certain orders regarding a declared | ||
state of disaster or public health disaster or issued 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 in the | ||
order 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 | ||
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 issuer of | ||
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 81.016 to read as follows: | ||
Sec. 81.016. JUDICIAL REVIEW OF PUBLIC HEALTH DISASTER | ||
ORDER OR CONTROL MEASURE 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, the commissioner, the department, or a | ||
health authority that relates to a declared public health disaster | ||
or is imposed as a control measure to prevent the spread of a | ||
communicable disease if the provision in the order 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 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 81.016, 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, 2021. |