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

89(R) SB 871 - House Committee Report version - Bill Text

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 controlled;

(3) control of the movement of persons;

(4) control of places of amusement or assembly;

(5) establishment of curfews;

(6) control of the sale, transportation, and use of

alcoholic beverages; and

(7) control of the storage, use, and transportation of

explosives or flammable materials considered dangerous to public

safety, other than explosives or flammable materials that are

components of firearm ammunition.

(d)

A directive issued under this section applies only

within the jurisdictional boundaries of the county or municipality

for which an application was made under Section 433.001.

SECTION 11. Chapter 433, Government Code, is amended by

adding Section 433.0025 to read as follows:

Sec.

433.0025.

CERTAIN POWER RELATED TO BUSINESSES RESERVED

TO LEGISLATURE. (a) During a state of emergency, 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 emergency.

(b)

The governor by proclamation shall convene the

legislature in special session to respond to a state of emergency 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 12. Section 418.019, Government Code, is repealed.

SECTION 13. The changes in law made by this Act apply only

to an order, proclamation, regulation, or directive issued on or

after the effective date of this Act.

SECTION 14. This Act takes effect January 1, 2027, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, regarding the powers of the governor, the

legislature, and the supreme court following certain disaster or

emergency declarations is approved by the voters. If that

amendment is not approved by the voters, this Act has no effect.