bill cutting the governor’s disaster powers

The text as introduced · 1,260 words

By: Harrison
H.B. No. 523

A BILL TO BE ENTITLED

AN ACT

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

[ and amend or rescind them ].

(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 in a nontrivial manner

on a protected constitutional right, 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 described by 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 described by 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 described by 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 [ Executive orders, proclamations, and regulations have

the force and effect of law ].

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 [ governor ]. 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. 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 [ regulatory statutes and ] rules

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 [ statute or ] rule on the

list compiled under Subsection (a) shall review the list for

accuracy and shall advise the governor's office regarding any

[ statutes or ] rules that should be added to the list.

SECTION 5. The heading to Section 418.016, Government Code,

is amended to read as follows:

Sec. 418.016. SUSPENSION OF CERTAIN [ LAWS AND ] RULES.

SECTION 6. Sections 418.016(a) and (e), Government Code,

are amended to read as follows:

(a) 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.

(e) On request of a political subdivision, the governor may

waive or suspend a deadline imposed by [ a statute or ] the orders or

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 [ law or ] regulation if by proclamation the

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 [ that have the force and effect of law ].

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 [ an extended ] state of disaster that the legislature

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 September 1, 2025.