By: Harrison	H.B. No. 33

	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 on a protected
	constitutional right in a non-trivial manner, 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 subject to 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 subject to 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 subject to 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 on the 91st day after the last day of
	the legislative session.