Bill Text: TX HB3 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters, including pandemic disasters, and emergencies.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2021-05-28 - Senate appoints conferees-reported [HB3 Detail]

Download: Texas-2021-HB3-Introduced.html

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87R11404 YDB-F
By: Burrows H.B. No. 3

A BILL TO BE ENTITLED
AN ACT
relating to state and local government responses to a pandemic
disaster; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 418A to read as follows:
CHAPTER 418A. PANDEMIC EMERGENCY MANAGEMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 418A.001. SHORT TITLE. This chapter may be cited as
the Texas Pandemic Response Act.
Sec. 418A.002. PURPOSES. The purposes of this chapter are
to:
(1) reduce the vulnerability of residents and
communities in this state to damage, injury, and loss of life and
property resulting from a pandemic disaster;
(2) prepare for prompt and efficient care and
treatment of persons victimized or threatened by a pandemic
disaster;
(3) maintain employment levels for state residents to
the extent possible;
(4) protect and preserve individual liberties
guaranteed under the United States Constitution and the Texas
Constitution;
(5) provide a setting conducive to the rapid and
orderly restoration and rehabilitation of persons and property
affected by a pandemic disaster;
(6) clarify and strengthen the roles of the governor,
state agencies, the judicial branch of state government, and local
governments in the prevention of, preparation for, response to, and
recovery from a pandemic disaster;
(7) authorize and provide for cooperation in pandemic
disaster mitigation, preparedness, response, and recovery;
(8) authorize and provide for coordination of
activities relating to pandemic disaster mitigation, preparedness,
response, and recovery by state agencies and officers and similar
state-local, interstate, federal-state, and foreign activities in
which this state and the political subdivisions of this state may
participate;
(9) provide an emergency management system embodying
all aspects of pandemic preparedness and response; and
(10) assist in the mitigation of pandemic disasters
aggravated by inadequate planning for and regulation of public and
private resources.
Sec. 418A.003. DEFINITIONS. In this chapter:
(1) "Division" means the Texas Division of Emergency
Management.
(2) "Pandemic disaster" means the occurrence or
imminent threat of an outbreak of an infectious disease that
spreads to a significant portion of the population of multiple
countries or the world and that threatens widespread or severe
damage, injury, or loss of life or property in this state resulting
from any natural or man-made cause related to the outbreak.
(3) "Political subdivision" means a county or
municipality.
Sec. 418A.004. LIMITATIONS. This chapter does not:
(1) grant the governor authority to enact law;
(2) limit the authority of the governor to apply for,
administer, or spend a grant, gift, or payment in aid of pandemic
disaster mitigation, preparedness, response, or recovery;
(3) interfere with the course or conduct of a labor
dispute, except that actions otherwise authorized by this chapter
or other laws may be taken when necessary to forestall or mitigate
imminent or existing danger to public health or safety;
(4) interfere with dissemination of news or comment on
public affairs, provided any communications facility or
organization, including radio and television stations, wire
services, Internet and cellular services, and newspapers, may be
required to transmit or print public service messages providing
information or instructions in connection with a pandemic disaster
or potential pandemic disaster;
(5) affect the jurisdiction or responsibilities of a
law enforcement agency, fire department, or unit of the armed
forces of the United States, or any of their personnel when on
active duty, if state, local, or interjurisdictional emergency
management plans rely on the agencies, departments, or units to
perform duties related to pandemic disasters;
(6) limit, modify, or abridge the authority of the
governor to proclaim martial law or exercise any other power vested
in the governor under the constitution or laws of this state
independent of or in conjunction with any provision of this
chapter;
(7) authorize the seizure or confiscation of any
firearm or ammunition from an individual who is lawfully carrying
or possessing the firearm or ammunition; or
(8) authorize any person to prohibit or restrict the
business operations of a firearms or ammunition manufacturer,
distributor, wholesaler, supplier, or retailer or a sport shooting
range, as defined by Section 250.001, Local Government Code.
Sec. 418A.005. APPLICABILITY OF OTHER LAW. Sections
418.020, 418.021, 418.022, 418.026, and 418.107 and Subchapters C-1
and D, Chapter 418, apply to a state of pandemic disaster declared
under this chapter.
Sec. 418A.006. CONFLICT WITH OTHER LAW. To the extent of
any conflict between this chapter and Chapter 418, this chapter
controls.
Sec. 418A.007. CIVIL LIABILITY DURING PANDEMIC DISASTER.
(a) An officer or employee of a state or local agency, or a
volunteer acting at the direction of an officer or employee of a
state or local agency, is considered for purposes of Section
437.222 to be a member of the Texas military forces ordered into
active service of this state by proper authority and is considered
to be discharging a duty in that capacity if the person is
performing an activity related to sheltering or housing individuals
in connection with the evacuation of an area stricken or threatened
by a pandemic disaster.
(b) A business or an entity operating during a pandemic
disaster in this state is not liable for an injury caused by
exposing or potentially exposing an individual to a disease if on
the date of the exposure or potential exposure:
(1) the business or entity is authorized to do
business in this state;
(2) the business or entity knew of the risk of exposure
or potential exposure;
(3) the business or entity made a reasonable effort to
comply with applicable federal, state, and local laws, rules,
ordinances, declarations, and proclamations related to the
pandemic disaster; and
(4) the act or omission giving rise to the exposure or
potential exposure was not wilful, reckless, or grossly negligent.
(c) A person who provides goods or renders services during a
pandemic disaster in support of disaster response efforts and at
the request of the governor or the governor's designee is not liable
for an injury caused by the goods or services, regardless of the
circumstances, so long as the act or omission giving rise to the
injury was not wilful, reckless, grossly negligent, or inconsistent
with a limit specified in the governor's request.
SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
Sec. 418A.051. RESPONSIBILITY OF GOVERNOR. The governor is
responsible for meeting the dangers to this state and the residents
of this state presented by a pandemic disaster. The governor may
only exercise the authority granted by this chapter to address a
pandemic disaster.
Sec. 418A.052. EXECUTIVE ORDERS, PROCLAMATIONS, AND RULES.
(a) The governor may issue, amend, or rescind an executive order,
proclamation, or rule to further the purposes of this chapter.
(b) An executive order, proclamation, or rule issued by the
governor under this chapter has the force and effect of law.
Sec. 418A.053. DECLARATION OF STATE OF PANDEMIC DISASTER.
(a) The governor by executive order or proclamation may declare a
state of pandemic disaster if the governor determines that a state
of pandemic disaster is occurring in this state or that the
occurrence or threat of a pandemic disaster is imminent.
(b) Subject to Subsection (c), a state of pandemic disaster
continues until the governor:
(1) determines that:
(A) the threat of a pandemic disaster has passed;
or
(B) the pandemic disaster has been addressed to
the extent that emergency conditions no longer exist; and
(2) terminates the state of pandemic disaster by
executive order or proclamation.
(c) A state of pandemic disaster may not continue for more
than 30 days unless renewed by the governor. The legislature by law
may terminate a state of pandemic disaster at any time. On
termination by the legislature, the governor shall issue an
executive order ending the state of pandemic disaster.
(d) An executive order or proclamation issued under this
section must include:
(1) a description of the nature of the pandemic
disaster;
(2) a designation of the areas affected or threatened;
and
(3) a description of the conditions that caused the
pandemic disaster or allowed the termination of the pandemic
disaster.
(e) The governor shall:
(1) promptly disseminate an executive order or
proclamation by any means intended to bring its contents to the
attention of the public; and
(2) unless the circumstances related to the pandemic
disaster prevent or impede the filing, promptly file the order or
proclamation with:
(A) the division;
(B) the secretary of state; and
(C) the county clerk or municipal secretary in
each area in which it applies.
Sec. 418A.054. EFFECT OF PANDEMIC DISASTER DECLARATION.
(a) An executive order or proclamation declaring a state of
pandemic disaster:
(1) activates the pandemic disaster preparedness and
response components of the state emergency management plan required
by Section 418.042, as applicable to the area subject to the
declaration; and
(2) authorizes the deployment and use of any resources
to which the pandemic disaster recovery and rehabilitation
components of the state emergency management plan apply and the use
or distribution of any supplies, equipment, materials, or
facilities assembled, stored, or arranged to be made available
under this chapter or other law relating to disasters.
(b) During a pandemic disaster, the pandemic disaster
preparedness and response components of the state emergency
management plan are activated as provided by that plan.
(c) During a state of pandemic 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. This chapter
does not restrict the governor's authority to issue those orders at
the time of the pandemic disaster.
Sec. 418A.055. SUSPENSION OF CERTAIN LAWS, ORDERS, AND
RULES. (a) The governor may suspend the provisions of any
regulatory statute prescribing procedures for conducting state
business or a state agency order or rule if strict compliance with
the statute, order, or rule would in any way prevent, hinder, or
delay necessary action in coping with a pandemic disaster.
(b) On request of a political subdivision, the governor may
waive or suspend a deadline, including a deadline relating to a
budget or ad valorem tax, imposed on the political subdivision by a
statute or a state agency order or rule if the waiver or suspension
is reasonably necessary to cope with the pandemic disaster.
(c) The governor may suspend any of the following
requirements in response to a pandemic emergency or disaster
declaration of another jurisdiction if strict compliance with the
requirement would prevent, hinder, or delay necessary action in
assisting another state with coping with a pandemic emergency or
disaster:
(1) a registration requirement in an agreement entered
into under the International Registration Plan under Section
502.091, Transportation Code, to the extent authorized by federal
law;
(2) a temporary registration permit requirement under
Section 502.094, Transportation Code;
(3) a provision of Subtitle E, Title 7, Transportation
Code, to the extent authorized by federal law;
(4) a motor carrier registration requirement under
Chapter 643, Transportation Code;
(5) a registration requirement under Chapter 645,
Transportation Code, to the extent authorized by federal law; or
(6) a fuel tax requirement under the International
Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq., to
the extent authorized by federal law.
(d) For the purposes of Subsection (c), "pandemic emergency
or disaster declaration of another jurisdiction" means a pandemic
emergency declaration, a major pandemic disaster declaration, a
pandemic state of emergency declaration, a state of pandemic
disaster declaration, or a similar declaration related to a
pandemic made by:
(1) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.); or
(2) the governor of another state.
(e) To the extent federal law requires this state to issue a
special permit under 23 U.S.C. Section 127 or an executive order, a
suspension issued under Subsection (c) is a special permit or an
executive order.
Sec. 418A.056. USE OF PUBLIC AND PRIVATE RESOURCES. (a) The
governor may use all available resources of executive departments
and agencies or their units that are reasonably necessary to cope
with a pandemic disaster.
(b) The governor may temporarily reassign resources,
personnel, or functions of state agencies and political
subdivisions for the purpose of performing or facilitating
emergency services during a pandemic disaster.
(c) The governor may commandeer or use private property if
the governor finds it necessary to cope with a pandemic disaster,
subject to the compensation requirements of Subchapter G, Chapter
418.
Sec. 418A.057. MOVEMENT OF PEOPLE. (a) The governor may
prescribe routes, modes of transportation, and destinations in
connection with any evacuation necessary in a pandemic disaster.
(b) The governor may control ingress and egress to and from
a pandemic disaster area and the movement of persons and the
occupancy of premises in the area.
Sec. 418A.058. RESTRICTED SALE AND TRANSPORTATION OF
MATERIALS. (a) The governor may suspend or limit the sale,
dispensing, or transportation of alcoholic beverages, explosives,
and combustibles in response to a pandemic disaster.
(b) The sale, dispensing, or transportation of firearms and
ammunition may not be suspended or limited in response to a pandemic
disaster.
Sec. 418A.059. RULES. The governor may adopt rules
necessary to implement this chapter, including rules for:
(1) standards of eligibility for persons applying for
benefits related to the pandemic disaster;
(2) procedures for applying for the benefits;
(3) procedures for the administration, investigation,
filing, and approval of applications for the benefits;
(4) procedures for the formation of local or statewide
boards to act on applications for the benefits; and
(5) procedures for appeals of decisions relating to
applications for the benefits.
Sec. 418A.060. RELIGIOUS FREEDOM. Actions taken under a
declared state of pandemic disaster must satisfy the religious
freedom protections of Chapter 110, Civil Practice and Remedies
Code, and the Religious Freedom Restoration Act of 1993 (42 U.S.C.
2000bb et seq.).
SUBCHAPTER C. LOCAL AND INTERJURISDICTIONAL PANDEMIC EMERGENCY
MANAGEMENT
Sec. 418A.101. PANDEMIC EMERGENCY MANAGEMENT DIRECTORS.
(a) The presiding officer of the governing body of a political
subdivision is designated as the pandemic emergency management
director for that political subdivision.
(b) A pandemic emergency management director serves as the
governor's designated agent in the administration and supervision
of duties under this chapter. A pandemic emergency management
director may exercise the powers granted to the governor under this
chapter on an appropriate local scale.
(c) A pandemic emergency management director may designate
a person to serve as pandemic emergency management coordinator.
The pandemic emergency management coordinator shall serve as an
assistant to the pandemic emergency management director for
pandemic emergency management purposes.
(d) A person, other than a pandemic emergency management
director exercising under Subsection (b) a power granted to the
governor, may not seize state or federal resources without prior
authorization from the division or the state or federal agency
responsible for those resources.
Sec. 418A.102. SUSPENSION OF DEADLINES IMPOSED BY LOCAL
LAW. (a) Notwithstanding any other law, a deadline imposed by
local law on a political subdivision, including a deadline relating
to a budget or ad valorem tax, is suspended if:
(1) the territory of the political subdivision is
wholly or partly located in an area in which a pandemic disaster has
been declared by the president of the United States or the governor;
and
(2) the presiding officer of the political subdivision
proclaims that the political subdivision is unable to comply with
the requirement because of the pandemic disaster.
(b) The presiding officer of the political subdivision may
issue an order ending the suspension of a deadline under this
section. A deadline may not be suspended for more than 30 days after
the date the presiding officer issues the proclamation described by
Subsection (a)(2).
Sec. 418A.103. PREEMPTION. Any local order or rule issued
in response to a state or local state of pandemic disaster is
superseded and void to the extent that it is inconsistent with
orders, declarations, or proclamations issued by the governor or
the Department of State Health Services.
Sec. 418A.104. LIMITATION ON ALTERATION OF VOTING
PROCEDURES. (a) An election official of a political subdivision
seeking to alter, in response to a pandemic disaster, any voting
standard, practice, or procedure in a manner not otherwise
expressly authorized by the Election Code, must first obtain
approval of the proposed alteration from the secretary of state by
submitting a written request for approval to the secretary of
state.
(b) The secretary of state by written order may approve a
proposed alteration requested under Subsection (a). An election
official of a political subdivision may not alter any voting
standard, practice, or procedure in a manner not otherwise
expressly authorized by the Election Code without a written order
of approval from the secretary of state.
Sec. 418A.105. LIMITATION ON AD VALOREM TAX RATE OF CERTAIN
COUNTIES AND MUNICIPALITIES. (a) In this section:
(1) "No-new-revenue tax rate" and "voter-approval tax
rate" have the meanings assigned by Section 26.04, Tax Code.
(2) "Tax year" has the meaning assigned by Section
1.04, Tax Code.
(b) This section applies only to a county or municipality:
(1) the presiding officer of the governing body of
which issues an order requiring the closure of a private business in
response to a pandemic; and
(2) for which the governor issues a written
determination finding that the presiding officer of the governing
body of the county or municipality has taken an action described by
Subdivision (1).
(c) Notwithstanding Chapter 26, Tax Code, or any other law,
the governing body of a county or municipality to which this section
applies may not adopt an ad valorem tax rate for the current tax
year that exceeds the lesser of the county's or municipality's
no-new-revenue tax rate or voter-approval tax rate for that tax
year.
(d) For purposes of making the calculation required under
Section 26.013, Tax Code, in a tax year in which this section
applies to a county or municipality, the difference between the
county's or municipality's actual tax rate and voter-approval tax
rate is considered to be zero.
(e) A county or municipality is no longer subject to the
limitation prescribed by this section in the first tax year in which
the governor rescinds the written determination issued under
Subsection (b)(2).
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
Sec. 418A.151. QUALIFICATIONS FOR RENDERING AID. A person
who holds a license, certificate, or other permit issued by a state
or political subdivision of any state evidencing that a person
possesses certain specific professional, mechanical, or other
skills may render aid in this state through the use of the
applicable skill to meet a pandemic disaster. This state shall give
due consideration to the license, certificate, or other permit.
Sec. 418A.152. CRIMINAL PENALTY FOR VIOLATION OF PANDEMIC
COMPONENTS OF EMERGENCY MANAGEMENT PLAN. (a) A person commits an
offense if the person violates a provision of the pandemic
components of a state, local, or interjurisdictional emergency
management plan or a rule, order, or ordinance adopted under those
provisions.
(b) An offense under this section is punishable by a fine
only in an amount not to exceed $1,000.
(c) This section may be enforced by state and local
officials.
Sec. 418A.153. SHELTER OPERATIONS. The Department of State
Health Services shall develop, with the direction, oversight, and
approval of the division, an addendum to the pandemic components of
the state emergency management plan that includes provisions for:
(1) developing medical special needs categories;
(2) categorizing the requirements of individuals with
medical special needs; and
(3) establishing minimum health-related standards for
short-term and long-term shelter operations in shelters operated
with state funds or receiving state assistance.
Sec. 418A.154. PERSONNEL SURGE CAPACITY PLANNING. (a)
With the direction, oversight, and approval of the division and the
assistance of the Department of State Health Services, health care
facilities, county officials, trauma service area regional
advisory councils, and other appropriate entities, each council of
government, regional planning commission, or similar regional
planning agency created under Chapter 391, Local Government Code,
shall develop a regional plan for personnel surge capacity during
pandemic disasters, including plans for providing personal
protective equipment, lodging, and meals for pandemic disaster
relief workers and volunteers.
(b) An entity developing a regional plan for personnel surge
capacity with regard to lodging shall consult with representatives
of emergency responders, infrastructure and utility repair
personnel, and other representatives of agencies, entities, or
businesses essential to the planning process.
Sec. 418A.155. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An
entity responsible for the care of individuals with medical special
needs shall develop and distribute information on volunteering in
connection with a pandemic disaster.
(b) The division shall provide information to interested
parties and the public regarding the process for identifying and
training volunteers to assist groups of people, including people
with medical special needs and residents of assisted living
facilities.
Sec. 418A.156. ATTORNEY GENERAL AS LEGAL ADVISOR ON ISSUES
RELATED TO DECLARED PANDEMIC DISASTER. (a) This section applies
only during a declared state of pandemic disaster under Section
418A.053 and the 90-day period following the expiration or
termination of the pandemic disaster declaration.
(b) The attorney general may provide legal counsel to a
political subdivision subject to a declared state of pandemic
disaster under Section 418A.053 on issues related to pandemic
disaster mitigation, preparedness, response, and recovery
applicable to the area subject to the pandemic disaster
declaration.
(c) A request for legal counsel under this section may be
submitted only by:
(1) the emergency management director designated
under Section 418.1015 for the political subdivision;
(2) the county judge or a commissioner of a county
subject to the declaration; or
(3) the mayor of a municipality subject to the
declaration.
Sec. 418A.157. OFF-CAMPUS PROGRAMS APPROVED FOR AVERAGE
DAILY ATTENDANCE DURING PANDEMIC DISASTER. (a) Notwithstanding
any other law, the commissioner of education may, based on criteria
developed by the commissioner, approve instructional programs
provided off-campus by an entity other than a school district or
open-enrollment charter school as a program in which participation
by a student of a district or charter school shall be counted for
purposes of determining average daily attendance, in accordance
with Section 48.005(h), Education Code, during a pandemic disaster.
(b) A student of a district or charter school may attend an
instructional program provided off-campus by an entity other than a
school district or open-enrollment charter school if the district
or charter school does not offer full-time in-person education for
the student.
(c) A student attending an off-campus instructional program
described by Subsection (b) shall be counted in the average daily
attendance of the district of residence. The off-campus
instructional program shall provide attendance figures to the
school district weekly.
(d) If a district of residence fails to compensate the
off-campus instructional program before the 46th day after the date
of receiving a bill, the commissioner of education shall reimburse
the off-campus instructional program from funding deducted from the
district.
SECTION 2. 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, other public calamity requiring emergency
action, or energy emergency. The term does not include a pandemic.
SECTION 3. Section 418.005(b), Government Code, is amended
to read as follows:
(b) Each person described by Subsection (a) shall complete a
course of training provided or approved by the division of not less
than three hours regarding the responsibilities of state and local
governments under this chapter and Chapter 418A not later than the
180th day after the date the person:
(1) takes the oath of office, if the person is required
to take an oath of office to assume the person's duties as a public
officer;
(2) otherwise assumes responsibilities as a public
officer, if the person is not required to take an oath of office to
assume the person's duties; or
(3) is designated as an emergency management
coordinator under Section 418.1015(c).
SECTION 4. Section 418A.007, Government Code, as added by
this Act, applies only to a cause of action that accrued on or after
March 13, 2020. A cause of action that accrued before March 13,
2020, is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. 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.