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 existing legal framework regarding the penalties for offenses committed during a declared state of disaster. It specifies that the punishment for certain offenses will be elevated if they occur in areas under a disaster declaration by TDEM or other authorities. The governing body of a political subdivision retains the ability to rescind a declaration made by TDEM, ensuring a balance of authority during emergencies. 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, Commerce Code 108, Government Code 37, Penal Code 12)