The bill, S.B. No. 871, amends the Government Code to clarify the roles and authorities of the legislature, governor, and certain political subdivisions during disasters and emergencies. Key changes include the definition of "disaster" to exclude events related to civil unrest, riots, or insurrection, and the establishment of a new section that reserves the authority to restrict or impair business operations during a declared state of disaster solely to the legislature. The governor is required to convene the legislature in special session to exercise this authority or to renew a state of disaster if the legislature is not already in session. Additionally, the bill introduces limitations on the governor's power to suspend laws or rules, particularly concerning the Election Code and the Texas Sunset Act.
The bill also includes provisions that prevent local disaster declarations from conflicting with state declarations unless authorized by the governor. It repeals a previous section of the code and specifies that the changes will only apply to orders or proclamations issued after the bill's effective date, which is contingent upon the approval of a related constitutional amendment by voters. The effective date is set for December 1, 2025, if the amendment is approved.
Statutes affected: Introduced: Government Code 418.002, Government Code 418.004, Government Code 418.014, Government Code 418.0155, Government Code 418.016, Government Code 433.001, Government Code 433.002, Government Code 418.019 (Government Code 433, Government Code 418)