The bill, S.B. No. 32, aims to enhance the powers and duties of the Texas Division of Emergency Management (TDEM) in relation to local states of disaster and to increase criminal penalties for offenses committed during such emergencies. Key amendments include the definition of a "declared disaster," which now encompasses declarations made by the administrative head of TDEM, in addition to those made by the president of the United States and the governor. The bill also introduces provisions allowing TDEM to monitor conditions in political subdivisions and declare a local state of disaster if necessary, particularly when local officials are unavailable. Furthermore, it allows TDEM to order evacuations and control access to disaster areas under certain circumstances.

Additionally, the bill modifies the penalties for offenses committed in areas under a state of disaster, increasing the punishment to the next higher category if the offense occurs during such a declaration, which now includes declarations made by TDEM. The governing body of a political subdivision retains the authority to rescind a local disaster declaration made by TDEM. The bill is set to take effect 91 days after the conclusion of the legislative session.

Statutes affected:
Introduced: Commerce Code 108.001, Government Code 37.004, Government Code 418.108, Penal Code 12.50 (Government Code 418, Penal Code 12, Government Code 37, Commerce Code 108)