bill limits governor’s disaster declarations and mask orders

The text as introduced · 785 words

By: Luther
H.B. No. 5464

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the governor, and certain political

subdivisions with respect to disasters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 418, Government Code, is

amended by inserting in 418.014 after Subsection(c)to read as

follows:

(c-1) The Governor shall convene the Legislature in special

session for the purposes described by Subsection (c-2) of this

section when the Governor proposes to renew an order or

proclamation declaring a state of disaster or issue a new order or

proclamation regarding the same state of disaster or emergency

that:

(1) exists in at least two-fifths of the counties in

this state;

(2) affects at least half of this state's population

according to the most recent federal decennial census; or

(3) affects at least two-thirds of the counties in

each of three or more trauma service areas in this state, as

designated by the appropriate state agency.

(c-2) In a special session convened under Subsection (c-1)

of this section, the Legislature may:

(1) renew or extend the state of disaster;

(2) respond to the state of disaster, including by:

(A) enacting laws and adopting resolutions the

Legislature determines are related to the state of disaster; and

(B) exercising the powers reserved to the

Legislature under Section 28, Article I, Texas Constitution; and

(3) consider any other subject stated in the

Governor's proclamation convening the Legislature.

(c-3) Except as provided by Subsection (c-4) of this

section, a state of disaster declared by the Governor that is

subject to Subsection (c-1) of this section may not continue for

more than 30 days unless the Legislature renews or extends the

declared state of disaster under Subsection (c-2) of this section.

(c-4) A state of disaster or emergency declared by the

Governor that is subject to Subsection (c-1) of this section and

that is related to a nuclear or radiological event recognized by the

federal agency with primary authority for federal response to that

event may not continue for more than 90 days unless the Legislature

renews or extends the declared state of disaster under Subsection

(c-2) of this section.

(c-5) A vote under Subsection (c-2) of this section to modify or

terminate a proclamation or order issued by the Governor declaring

a state of disaster is not subject to Section 15, Article IV, Texas

Constitution.

SECTION 2. Section 418.173, Government Code, is repealed.

SECTION 3. Section 418.042, Government Code, is amended 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 4. Section 418.012, Government Code, is amended as

follows:

Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter,

the governor may issue executive orders, proclamations, and

regulations and amend or rescind them. Executive orders,

proclamations, and regulations have the force and effect of law.

(b) Notwithstanding Subsection (a), the governor may not

issue an executive order, proclamation, or regulation under this

chapter that requires a person to wear a face mask or covering or

other item of personal protective equipment unless a provision of

law other than a provision of this chapter specifically authorizes

the governor to require a person to wear a face mask or covering or

other item of personal protective equipment.

(c) Notwithstanding Subsection (a), the governor may not

issue an executive order, proclamation, or regulation under this

chapter to restrict or impair the operation or occupancy of

businesses in this state.

SECTION 5. Section 418.108, Government Code, is amended to

add the following Subsection (j):

(j) The presiding officer of the governing body of a

political subdivision may not issue an order or proclamation

related to a declared state of disaster or local state of disaster

that requires a person to wear a face mask or covering or other item

of personal protective equipment unless a provision of law other

than a provision of this chapter authorizes the presiding officer

of the governing body to require a person to wear a face mask or

covering or other item of personal protective equipment.

(k) The presiding officer of the governing body of a

political subdivision may not issue an order or proclamation

related to a declared state of disaster or local state of disaster

that restricts or impairs the operation or occupancy of businesses.

SECTION 6. 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.