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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
<Statutes affected: Introduced: Government Code 418.012, Government Code 418.014, Government Code 418.0155, Government Code 418.016, Government Code 418.020, Government Code 418.042, Occupations Code 51.408 (Occupations Code 51, Government Code 418)