disaster declarations past 90 days need the Legislature

The text as introduced · 536 words

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.