Bill Text: TX HB183 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the authority of the legislature, courts, the governor, and other state and local officials regarding declared states of disaster.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-10-19 - Filed [HB183 Detail]
Download: Texas-2023-HB183-Introduced.html
By: Harrison | H.B. No. 183 |
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relating to the authority of the legislature, courts, the governor, | ||
and other state and local officials regarding declared states of | ||
disaster. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 418, Government Code, is | ||
amended by adding Sections 418.007, 418.008, and 418.009 to read as | ||
follows: | ||
Sec. 418.007. RECOMMENDATIONS, GUIDELINES, AND | ||
COORDINATION. A state or local official may issue recommendations | ||
and nonbinding guidelines to assist with a state of disaster | ||
declared under this chapter and may coordinate public and private | ||
resources to prevent or respond to the disaster. | ||
Sec. 418.008. PROTECTION OF RIGHTS. Notwithstanding any | ||
other law, an order issued by the governor or a state or local | ||
official under this chapter that regulates and infringes on the | ||
rights of any private person must be: | ||
(1) narrowly tailored to serve a compelling public | ||
health or safety purpose; and | ||
(2) limited in duration, applicability, and scope to | ||
reduce any infringement on individual liberty. | ||
Sec. 418.009. STATE COURT JURISDICTION. (a) District and | ||
appellate courts of this state have jurisdiction to hear cases | ||
challenging a state or local disaster order, including cases | ||
challenging compliance with limitations on orders prescribed under | ||
this chapter and other law, and shall expedite hearings for the | ||
cases to the extent practicable. | ||
(b) A court may invalidate or enjoin a disaster order, or | ||
the application of a disaster order, that is not narrowly tailored | ||
to serve a compelling public health or safety purpose because of the | ||
order's inequality in application to or impact on groups, | ||
situations, or circumstances. | ||
SECTION 2. Section 418.012, Government Code, is amended to | ||
read as follows: | ||
Sec. 418.012. EXECUTIVE ORDERS, PROCLAMATIONS, AND | ||
REGULATIONS. (a) Under this chapter, the governor may issue, | ||
amend, or rescind executive orders, proclamations, and regulations | ||
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(b) Notwithstanding any law authorizing a state or local | ||
official to issue an order related to a declared state of disaster | ||
and only to the extent allowed under the United States Constitution | ||
or Texas Constitution, only the governor may issue an order that | ||
from the date the order is issued infringes on a protected | ||
constitutional right in a non-trivial manner, including, but not | ||
limited to: | ||
(1) the rights to travel, work, assemble, and speak; | ||
(2) the freedom of religious exercise; | ||
(3) the right to contract without state interference; | ||
(4) property rights; | ||
(5) the freedom from unreasonable searches and | ||
seizures; and | ||
(6) the freedom to purchase lawfully acquired firearms | ||
and ammunition. | ||
(c) An order subject to Subsection (b) expires on the 30th | ||
day after the date the governor issues the order unless: | ||
(1) the governor or the legislature by law terminates | ||
the order on an earlier date; or | ||
(2) the legislature by law extends the order on or | ||
before the expiration date. | ||
(d) If the legislature is not convened in a regular or | ||
special session, the governor may convene the legislature to | ||
consider an order subject to Subsection (b). The members of the | ||
legislature may remotely vote to approve, extend, or terminate the | ||
order: | ||
(1) by an electronic method authorized under the rules | ||
prescribed by each house of the legislature; or | ||
(2) as the lieutenant governor or speaker of the house | ||
of representatives specifies when the rules do not address an | ||
electronic voting method. | ||
(e) The governor may not issue the same or a substantially | ||
similar order as an order subject to Subsection (b) that has expired | ||
unless the governor determines significantly changed circumstances | ||
require issuance of the similar order for a period not to exceed | ||
three days or a greater period the legislature by law approves | ||
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SECTION 3. Section 418.014(c), Government Code, is amended | ||
to read as follows: | ||
(c) A state of disaster may not continue for more than 30 | ||
days unless renewed by the legislature by law [ |
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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. 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 that the legislature | ||
terminated or refused to renew. | ||
SECTION 4. Section 418.0155, Government Code, is amended to | ||
read as follows: | ||
Sec. 418.0155. SUSPENSION LIST. (a) The governor's | ||
office, using existing resources, shall compile and maintain a | ||
comprehensive list of state agency [ |
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that may require suspension during a disaster. | ||
(b) On request by the governor's office, a state agency that | ||
would be impacted by the suspension of a [ |
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list compiled under Subsection (a) shall review the list for | ||
accuracy and shall advise the governor's office regarding any | ||
[ |
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SECTION 5. The heading to Section 418.016, Government Code, | ||
is amended to read as follows: | ||
Sec. 418.016. SUSPENSION OF CERTAIN [ |
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SECTION 6. Sections 418.016(a) and (e), Government Code, | ||
are amended to read as follows: | ||
(a) The governor may suspend [ |
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compliance with the [ |
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way prevent, hinder, or delay necessary action in coping with a | ||
disaster. | ||
(e) On request of a political subdivision, the governor may | ||
waive or suspend a deadline imposed by [ |
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rules of a state agency on the political subdivision, including a | ||
deadline relating to a budget or ad valorem tax, if the waiver or | ||
suspension is reasonably necessary to cope with a disaster. | ||
SECTION 7. Section 418.020(c), Government Code, is amended | ||
to read as follows: | ||
(c) Under regulations prescribed by the governor, the | ||
governor may temporarily suspend or modify for a period of not more | ||
than 60 days any public health, safety, zoning, intrastate | ||
transportation, or other [ |
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governor considers the suspension or modification essential to | ||
provide temporary housing or emergency shelter for disaster | ||
victims. | ||
SECTION 8. Section 418.042(c), Government Code, is amended | ||
to read as follows: | ||
(c) All or part of the state emergency management plan may | ||
be incorporated into regulations of the division or executive | ||
orders [ |
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SECTION 9. Section 51.408(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) An emergency license issued under this section expires | ||
on the date indicated by the executive director, but not later than | ||
the 90th day after the date the license is issued. If the governor | ||
declares a [ |
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renews under Section 418.014, Government Code, the executive | ||
director may extend the term of an emergency license to an | ||
expiration date after the 90th day after the date the license was | ||
issued. | ||
SECTION 10. The changes in law made by this Act apply only | ||
to an order, proclamation, or regulation issued on or after the | ||
effective date of this Act. | ||
SECTION 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect on the 91st day after the last day of | ||
the legislative session. |