HB523 - Relating to the authority of the legislature, courts, the governor, and other state and local officials regarding declared states of disaster.

      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.