SB871 - Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies.

      By: Birdwell, et al. S.B. No. 871     (Slawson)           A BILL TO BE ENTITLED   AN ACT   relating to the authority of the legislature, governor, and certain   political subdivisions with respect to disasters and emergencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 418.002, Government Code, is amended to   read as follows:          Sec. 418.002.  PURPOSES. The purposes of this chapter are   to:                (1)  reduce vulnerability of people and communities of   this state to damage, injury, and loss of life and property   resulting from natural or man-made disasters [ catastrophes, riots,   or hostile military or paramilitary action ];                (2)  prepare for prompt and efficient rescue, care, and   treatment of persons victimized or threatened by disaster;                (3)  provide a setting conducive to the rapid and   orderly restoration and rehabilitation of persons and property   affected by disasters;                (4)  clarify and strengthen the roles of the governor,   state agencies, the judicial branch of state government, and local   governments in prevention of, preparation for, response to, and   recovery from disasters;                (5)  authorize and provide for cooperation in disaster   mitigation, preparedness, response, and recovery;                (6)  authorize and provide for coordination of   activities relating to disaster mitigation, preparedness,   response, and recovery by agencies and officers of this state, and   similar state-local, interstate, federal-state, and foreign   activities in which the state and its political subdivisions may   participate;                (7)  provide an emergency management system embodying   all aspects of predisaster preparedness and postdisaster response;                (8)  assist in mitigation of disasters caused or   aggravated by inadequate planning for and regulation of public and   private facilities and land use;                (9)  encourage state agencies, local governments,   nongovernmental organizations, private entities, and individuals   to adopt the goals of the strategic plan of the Federal Emergency   Management Agency for preparing for, responding to, and recovering   from a disaster that emphasize cooperation among federal agencies,   state agencies, local governments, nongovernmental organizations,   private entities, and individuals in each activity or project   undertaken to ensure that this state is prepared to effectively   respond to and recover from a disaster; and                (10)  provide the authority and mechanism to respond to   an energy emergency.          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 unrelated to the use of   force or violence such as civil unrest, riots, or insurrection. The   term includes [ , 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.          SECTION 3.  Subchapter B, Chapter 418, Government Code, is   amended by adding Section 418.0126 to read as follows:           Sec.   418.0126.     CERTAIN POWER RELATED TO BUSINESSES RESERVED   TO LEGISLATURE. (a) Notwithstanding any other law, during a   declared state of disaster, only the legislature has the authority   to restrict or impair the operation or occupancy of businesses in   this state by category or region to appropriately respond to the   disaster.   The legislature may only exercise the authority granted   by this subsection in a county after consulting with the county   judge of each county impacted by the disaster.           (b)     The governor by proclamation shall convene the   legislature in special session to respond to a declared state of   disaster if the governor finds that the authority of the   legislature under Subsection (a) should be exercised and the   legislature is not convened in regular or special session.          SECTION 4.  Section 418.014, Government Code, is amended by   amending Subsections (b) and (c) and adding Subsection (c-1) to   read as follows:          (b)  Except as provided by Subsection (c) or (c-1) , the state   of disaster continues until the governor:                (1)  finds that:                      (A)  the threat or danger has passed; or                      (B)  the disaster has been dealt with to the   extent that emergency conditions no longer exist; and                (2)  terminates the state of disaster by executive   order.          (c)  A state of disaster may not continue for more than 30   days unless renewed by the governor , subject to Subsection (c-1) .   The 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.           (c-1)     If the governor finds that a state of disaster   described by Section 8(c), Article IV, Texas Constitution, requires   renewal and the legislature is not convened in regular or special   session, the governor by proclamation shall convene the legislature   in special session to renew, extend, or otherwise respond to 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 subject to this subsection that was   terminated or not renewed by the legislature.          SECTION 5.  Section 418.0155, Government Code, is amended by   adding Subsections (c) and (d) to read as follows:           (c)     The governor's office shall publish the list compiled   under Subsection (a) on the office's Internet website.           (d)     Each state agency impacted by the suspension of a   statute or rule on the list compiled under Subsection (a) shall   publish on the agency's Internet website a list of those statutes   and rules. The agency's list must be:                 (1)     posted or updated within 24 hours of any   suspension; and                 (2)     accessible by selecting or viewing not more than   two Internet web pages after accessing the agency's Internet home   page.          SECTION 6.  Section 418.016(a), Government Code, is amended   to read as follows:          (a)   Subject to Sections 418.0126 and 418.0165, the [ The ]   governor may suspend the provisions of any regulatory statute   prescribing the procedures for conduct of state business or the   orders or rules of a state agency if strict compliance with the   provisions, orders, or rules would in any way prevent, hinder, or   delay necessary action in coping with a disaster.          SECTION 7.  Subchapter B, Chapter 418, Government Code, is   amended by adding Section 418.0165 to read as follows:           Sec.   418.0165.     LIMITATION ON POWER TO SUSPEND LAWS OR   RULES. (a) Notwithstanding any provision of this chapter, the   governor may not suspend:                 (1)  a provision of this chapter or Chapter 433; or                 (2)     a law or rule related to the application of Chapter   325 (Texas Sunset Act), the suspension of which results in the   continuation of a state agency beyond the date prescribed in   statute for the abolishment of the agency.           (b)     Except as provided by Subsection (d), the governor may   suspend a provision of the Code of Criminal Procedure, Election   Code, or Penal Code only during the first 30 days of a declared   state of disaster.           (c)     If the governor finds that a suspension authorized by   Subsection (b) should be continued beyond the first 30 days of a   declared state of disaster and the legislature is not convened in   regular or special session, the governor by proclamation shall   convene the legislature in special session to respond to a state of   disaster.           (d)     Except as provided by this subsection, the governor may   not suspend a provision of the Election Code related to the   qualifications or procedures for early voting by mail or to the   procedures for accepting a voter during any voting period,   including procedures related to voter identification, residency,   and signature requirements, except that the governor may suspend   Section 86.006(a-1), Election Code, only for the purpose of   allowing a voter registered to vote at an address located in a   disaster area to deliver a marked ballot voted under Section   86.006(a-1) to the early voting clerk's office on or before   election day.   This subsection does not prohibit the governor from   suspending a provision of the Election Code to extend the voting   period for early voting by mail as necessary to address the declared   disaster.          SECTION 8.  Subchapter B, Chapter 418, Government Code, is   amended by adding Section 418.027 to read as follows:           Sec.   418.027.     PREEMPTION OF DECLARATION OF LOCAL DISASTER.   A declaration of local disaster issued under Subchapter E may not   conflict with, or expand or limit the scope of, a declaration of   disaster issued under this subchapter unless expressly authorized   by a proclamation or executive order issued by the governor under   this chapter.          SECTION 9.  Section 433.001, Government Code, is amended to   read as follows:          Sec. 433.001.  PROCLAMATION OF STATE OF EMERGENCY. On   application of the chief executive officer or governing body of a   county or municipality during an emergency, the governor may   proclaim a state of emergency and designate the area involved. For   the purposes of this section an emergency exists in the following   situations:                (1)  a riot or unlawful assembly by three or more   persons acting together by use of force or violence;                (2)  if a clear and present danger of the use of force   or violence exists; or                (3)  a natural or man-made disaster related to the use   of force or violence such as civil unrest or insurrection .          SECTION 10.  Section 433.002, Government Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)   Subject to Section 433.0025, the [ The ] directive may   provide for:                (1)  control of public and private transportation in   the affected area;                (2)  designation of specific zones in the affected area   in which, if necessary, the use and occupancy of buildings and   vehicles may be co [Text truncated for display. Full text available on LegiScan.]