S.B. No. 871 amends the Government Code to clarify the roles and powers of the legislature, governor, and political subdivisions during disasters and emergencies. Key changes include the definition of "disaster," which now excludes events related to civil unrest, riots, or insurrection, and emphasizes the need for legislative authority to restrict business operations during a declared state of disaster. The bill also establishes that the governor must convene the legislature in special session to respond to a disaster if the legislature is not already in session. Additionally, it introduces limitations on the governor's power to suspend laws or rules, particularly concerning the Election Code and the Texas Sunset Act.
The bill further stipulates that a state of disaster cannot exceed 30 days without legislative renewal, and it allows the legislature to terminate a state of disaster at any time. It also includes provisions for the publication of lists of suspended statutes and rules by state agencies and mandates that local disaster declarations cannot conflict with state declarations unless authorized by the governor. The act is set to take effect on January 1, 2027, contingent upon the approval of a related constitutional amendment by voters.
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)
Senate Committee Report: 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)
Engrossed: 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)
House Committee Report: 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)