SB951 - Relating to the authority of the governor and the legislature regarding declared states of disaster.

  89R2014 LRM-D     By: Johnson S.B. No. 951       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the governor and the legislature   regarding declared states of disaster.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 418.014, Government Code, is amended by   amending Subsections (b) and (c) and adding Subsections (c-1),   (c-2), and (c-3) 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 determines a state of disaster   requires renewal for more than 90 days from the date of the initial   disaster declaration, the governor may renew the state of disaster   only if:                 (1)     the joint disaster oversight committee appointed   in accordance with Subsection (c-2) conducts a public hearing on   renewal of the state of disaster;                   (2)     the legislature convened in a regular or special   session approves the renewal by a law that states the maximum number   of days the state of disaster may continue following renewal; and                 (3)     the governor's renewal of the state of disaster   expires not later than the date set by the legislature under   Subdivision (2).           (c-2)     The legislature shall appoint a joint disaster   oversight committee. The committee consists of the chair and vice   chair of:                 (1)  the senate finance committee or its successor;                 (2)     the house appropriations committee or its   successor;                   (3)     the senate state affairs committee or its   successor;                 (4)     the house state affairs committee or its   successor;                 (5)     two additional senate committees selected by the   lieutenant governor; and                 (6)     two additional house committees selected by the   speaker of the house of representatives.           (c-3)     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 described by Subsection (c-1) that the   legislature terminates or does not approve for renewal.          SECTION 2.  Section 418.015(c), Government Code, is amended   to read as follows:          (c)  During a state of 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, but this chapter does not restrict the   governor's authority to do so by orders issued at the time of the   disaster.          SECTION 3.  The changes in law made by this Act to Section   418.014, Government Code, apply only to an executive order or   proclamation issued or renewed under that section on or after the   effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.