Bill Text: TX HB2196 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to state emergency management during a state of disaster.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to State Affairs [HB2196 Detail]
Download: Texas-2021-HB2196-Introduced.html
87R6658 YDB-D | ||
By: Schaefer | H.B. No. 2196 |
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relating to state emergency management during a state of disaster. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 418.004(1), Government Code, is amended | ||
to read as follows: | ||
(1) "Disaster" means the occurrence or imminent threat | ||
of widespread or severe damage, injury, or loss of life or property | ||
resulting from any natural or man-made cause, including fire, | ||
flood, earthquake, wind, storm, wave action, oil spill or other | ||
water contamination, volcanic activity, epidemic, air | ||
contamination, blight, drought, infestation, explosion, riot, | ||
hostile military or paramilitary action, extreme heat, | ||
cybersecurity event, [ |
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SECTION 2. Section 418.012, Government Code, is amended to | ||
read as follows: | ||
Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, the | ||
governor may, subject to Section 418.016(a), issue executive | ||
orders, proclamations, and regulations and amend or rescind them. | ||
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SECTION 3. 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 4. The heading to Section 418.016, Government Code, | ||
is amended to read as follows: | ||
Sec. 418.016. SUSPENSION OF CERTAIN [ |
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REQUIREMENTS; APPLICATION OF CERTAIN CONTRACTING REQUIREMENTS. | ||
SECTION 5. Section 418.016, Government Code, is amended by | ||
amending Subsections (a) and (e) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The governor may not suspend a state agency order or | ||
rule except as specifically authorized by this chapter. The | ||
governor may suspend [ |
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orders or rules of a state agency if strict compliance with the | ||
[ |
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or delay necessary action or prompt response in coping with a | ||
disaster. | ||
(a-1) During a state of disaster declared by the governor | ||
and notwithstanding any other law, the contracting requirements in | ||
Subtitle D, Title 10, that inhibit or prevent prompt response to a | ||
disaster do not apply to a state agency in contracting for goods or | ||
services related to the declared state of 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 6. 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 7. 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 8. Section 22.001(1), Labor Code, is amended to | ||
read as follows: | ||
(1) "Disaster" means the occurrence or imminent threat | ||
of widespread or severe damage, injury, or loss of life or property | ||
that results from a natural or man-made cause, including fire, | ||
flood, earthquake, wind, storm, wave action, oil spill or other | ||
water contamination, volcanic activity, epidemic, air | ||
contamination, blight, drought, infestation, explosion, riot, | ||
hostile military or paramilitary action, [ |
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SECTION 9. The following provisions are repealed: | ||
(1) Section 418.019, Government Code; and | ||
(2) Section 207.0212, Labor Code. | ||
SECTION 10. On the effective date of this Act, any law that | ||
is suspended under Chapter 418, Government Code, or Section | ||
207.0212, Labor Code, as those laws existed immediately before the | ||
effective date of this Act, is reinstated. | ||
SECTION 11. 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 12. 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 September 1, 2021. |