|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to state and local government responses to a pandemic |
|
disaster, including the establishment of the Pandemic Disaster |
|
Legislative Oversight Committee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 3, Government Code, is amended |
|
by adding Chapter 329 to read as follows: |
|
CHAPTER 329. PANDEMIC DISASTER LEGISLATIVE OVERSIGHT COMMITTEE |
|
Sec. 329.001. DEFINITIONS. In this chapter: |
|
(1) "Committee" means the Pandemic Disaster |
|
Legislative Oversight Committee. |
|
(2) "Pandemic disaster" has the meaning assigned by |
|
Section 418A.003(2). |
|
Sec. 329.002. ESTABLISHMENT; COMPOSITION. (a) The Pandemic |
|
Disaster Legislative Oversight Committee is established to: |
|
(1) consider the impact on this state and its |
|
residents of a state of pandemic disaster declared by the governor; |
|
and |
|
(2) provide legislative oversight of pandemic |
|
disaster declarations. |
|
(b) The committee is composed of 10 members as follows: |
|
(1) the lieutenant governor; |
|
(2) the speaker of the house of representatives; |
|
(3) the chair of the Senate Committee on Finance or its |
|
successor; |
|
(4) the chair of the Senate Committee on State Affairs |
|
or its successor; |
|
(5) the chair of the Senate Committee on Health and |
|
Human Services or its successor; |
|
(6) the chair of the Senate Committee on Education or |
|
its successor; |
|
(7) the chair of the House Committee on Appropriations |
|
or its successor; |
|
(8) the chair of the House Committee on State Affairs |
|
or its successor; |
|
(9) the chair of the House Committee on Public Health |
|
or its successor; and |
|
(10) the chair of the House Committee on Public |
|
Education or its successor. |
|
Sec. 329.003. JOINT CHAIRS. The lieutenant governor and |
|
speaker of the house of representatives serve as joint chairs of the |
|
committee. |
|
Sec. 329.004. POWERS AND DUTIES. (a) The committee may act |
|
only when the legislature is not convened in regular or special |
|
session. |
|
(b) The committee is authorized to: |
|
(1) review any state of pandemic disaster declaration |
|
issued by the governor under Chapter 418A that is in effect for more |
|
than 30 days following the governor's renewal of the declaration |
|
under that chapter; |
|
(2) review proclamations, orders, or rules issued or |
|
adopted by the governor and any orders issued by a county or |
|
municipality for the pandemic disaster declaration; and |
|
(3) terminate in accordance with Section 418A.055: |
|
(A) the state of pandemic disaster; or |
|
(B) provisions of proclamations, orders, or |
|
rules issued or adopted by the governor or orders issued by a county |
|
or municipality for the pandemic disaster declaration. |
|
(c) Except as otherwise provided by this chapter, the |
|
committee has all other powers and duties provided to a special |
|
committee by: |
|
(1) Subchapter B, Chapter 301; |
|
(2) the rules of the senate and house of |
|
representatives; and |
|
(3) policies of the senate and house committees on |
|
administration. |
|
Sec. 329.005. MEETINGS; QUORUM. (a) The committee shall |
|
meet at the call of the joint chairs. |
|
(b) The joint chairs shall convene the committee on or as |
|
soon as practicable after the date a state of pandemic disaster is |
|
first renewed by the governor under Chapter 418A unless the |
|
legislature is convened in regular or special session. |
|
(c) A majority of the members of the committee from each |
|
house constitutes a quorum to transact business. Termination of a |
|
state of pandemic disaster may only be ordered by a majority of the |
|
committee's membership. If a quorum is present, the committee may |
|
act on any other matter within its jurisdiction by a majority vote. |
|
(d) Notice of a meeting of the committee must be posted at |
|
least five calendar days before the date of the meeting, in the same |
|
manner that meeting notices are posted for standing committees of |
|
the senate and house of representatives. |
|
(e) As an exception to Chapter 551 and other law, the |
|
committee may meet by use of video conference call. This subsection |
|
applies for purposes of constituting a quorum, for purposes of |
|
voting, and for any other purpose allowing a member of the committee |
|
to fully participate in a meeting of the committee. A meeting held |
|
by use of video conference call: |
|
(1) must be open to the public, including by video |
|
broadcasting the meeting in real time through the Internet website |
|
of the senate or house of representatives; |
|
(2) must specify in the meeting notice the link to the |
|
video broadcast described by Subdivision (1); and |
|
(3) must provide for the entire meeting two-way video |
|
communication between all committee members attending the meeting |
|
and if, at any time, the two-way video communication link with a |
|
member attending the meeting is disrupted, the meeting may not |
|
continue until that link is reestablished. |
|
SECTION 2. Subtitle B, Title 4, Government Code, is amended |
|
by adding Chapter 418A to read as follows: |
|
CHAPTER 418A. PANDEMIC EMERGENCY MANAGEMENT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 418A.001. SHORT TITLE. This chapter may be cited as |
|
the Texas Pandemic Response Act. |
|
Sec. 418A.002. PURPOSES. The purposes of this chapter are |
|
to: |
|
(1) protect and preserve individual liberties |
|
guaranteed under the United States Constitution and the Texas |
|
Constitution; |
|
(2) reduce the vulnerability of residents and |
|
communities in this state to damage, injury, and loss of life and |
|
property resulting from a pandemic disaster; |
|
(3) prepare for prompt and efficient care and |
|
treatment of persons victimized or threatened by a pandemic |
|
disaster; |
|
(4) maintain employment levels for state residents to |
|
the extent possible; |
|
(5) provide a setting conducive to the rapid and |
|
orderly restoration and rehabilitation of persons and property |
|
affected by a pandemic disaster; |
|
(6) clarify the roles of the governor, state agencies, |
|
the judicial branch of state government, and the political |
|
subdivisions of this state in the prevention of, preparation for, |
|
response to, and recovery from a pandemic disaster; |
|
(7) authorize and provide for cooperation in pandemic |
|
disaster mitigation, preparedness, response, and recovery; |
|
(8) authorize and coordinate activities relating to |
|
pandemic disaster mitigation, preparedness, response, and recovery |
|
by state agencies and officers and similar state-local, interstate, |
|
federal-state, and foreign activities in which this state and the |
|
political subdivisions of this state may participate; |
|
(9) provide an emergency management system addressing |
|
all aspects of pandemic preparedness and response; and |
|
(10) assist in the mitigation of pandemic disasters |
|
aggravated by inadequate planning for and regulation of public and |
|
private resources. |
|
Sec. 418A.003. DEFINITIONS. In this chapter: |
|
(1) "Division" means the Texas Division of Emergency |
|
Management. |
|
(2) "Pandemic disaster" means the occurrence or |
|
imminent threat of an outbreak of an infectious disease that |
|
spreads to a significant portion of the state population and that |
|
threatens widespread or severe damage, injury, or loss of life or |
|
property in more than one-fourth of the counties in this state |
|
resulting from any natural or man-made cause related to the |
|
outbreak. |
|
(3) "Political subdivision" means a county or |
|
municipality. |
|
Sec. 418A.004. LIMITATIONS. This chapter does not: |
|
(1) grant the governor authority to enact law; |
|
(2) expand the authority granted to the governor under |
|
Chapter 418; |
|
(3) limit the authority of the governor to apply for, |
|
administer, or spend a grant, gift, or payment in aid of pandemic |
|
disaster mitigation, preparedness, response, or recovery; |
|
(4) interfere with the course or conduct of a labor |
|
dispute, except that actions otherwise authorized by this chapter |
|
or other laws may be taken when necessary to forestall or mitigate |
|
imminent or existing danger to public health or safety; |
|
(5) interfere with dissemination of news or comment on |
|
public affairs, provided any communications facility or |
|
organization, including radio and television stations, wire |
|
services, Internet and cellular services, and newspapers, may be |
|
requested to transmit or print public service messages providing |
|
information or instructions in connection with a pandemic disaster |
|
or potential pandemic disaster; |
|
(6) affect the jurisdiction or responsibilities of a |
|
law enforcement agency, fire department, or unit of the armed |
|
forces of the United States, or any of their personnel when on |
|
active duty, if state, local, or interjurisdictional emergency |
|
management plans rely on the agencies, departments, or units to |
|
perform duties related to pandemic disasters; |
|
(7) limit, modify, or abridge the authority of the |
|
governor to exercise any other power vested in the governor under |
|
the constitution or laws of this state independent of or in |
|
conjunction with any provision of this chapter; |
|
(8) authorize the seizure or confiscation of any |
|
firearm or ammunition from an individual who is lawfully carrying |
|
or possessing the firearm or ammunition; |
|
(9) authorize any person to prohibit or restrict the |
|
business operations of a firearms or ammunition manufacturer, |
|
distributor, wholesaler, supplier, or retailer or a sport shooting |
|
range, as defined by Section 250.001, Local Government Code; |
|
(10) affect the level of scrutiny for judicial review |
|
of constitutional violations; |
|
(11) delegate to any governmental official the |
|
authority to modify election procedures; or |
|
(12) authorize any governmental official to mandate |
|
that an individual obtain a vaccination. |
|
Sec. 418A.005. APPLICABILITY OF OTHER LAW. The following |
|
provisions of Chapter 418 apply to a state of pandemic disaster |
|
declared under this chapter: |
|
(1) Subchapter C-1; |
|
(2) Subchapter D; |
|
(3) Section 418.107; |
|
(4) Section 418.1075; |
|
(5) Section 418.171; |
|
(6) Section 418.1881; |
|
(7) Section 418.1882; |
|
(8) Section 418.191; and |
|
(9) Section 418.193, as added by Chapter 70 (S.B. |
|
416), Acts of the 86th Legislature, Regular Session, 2019. |
|
Sec. 418A.006. CONFLICT WITH OTHER LAW. To the extent of |
|
any conflict between this chapter and Chapter 418, this chapter |
|
controls. |
|
Sec. 418A.007. PROHIBITION. The presiding officer of the |
|
governing body of a political subdivision may not issue an order |
|
during a declared state of pandemic disaster or local state of |
|
pandemic disaster that: |
|
(1) requires specific businesses or industries to |
|
close; or |
|
(2) distinguishes between types of businesses or |
|
industries in limiting operation capacities. |
|
Sec. 418A.008. CIVIL LIABILITY DURING PANDEMIC DISASTER. |
|
(a) Section 418.006 applies during a declared state of pandemic |
|
disaster. |
|
(b) A business or an entity operating during a pandemic |
|
disaster in this state is not liable for an injury caused by |
|
exposing or potentially exposing an individual to a disease if on |
|
the date of the exposure or potential exposure: |
|
(1) the business or entity is authorized to conduct |
|
business in this state; |
|
(2) the business or entity made a reasonable effort to |
|
comply with applicable and controlling state and local laws, rules, |
|
ordinances, declarations, and proclamations related to the |
|
pandemic disaster; and |
|
(3) the act or omission giving rise to the exposure or |
|
potential exposure was not wilful, reckless, or grossly negligent. |
|
(c) A person who provides goods or renders services during a |
|
pandemic disaster in support of disaster response efforts and at |
|
the request of the governor or the governor's designee is not liable |
|
for an injury caused by the goods or services, regardless of the |
|
circumstances, provided the act or omission giving rise to the |
|
injury was not wilful, reckless, grossly negligent, or inconsistent |
|
with a limit specified in the governor's request. |
|
(d) The immunity provided by this section is in addition to |
|
the immunity and limitations of liability provided by other law. |
|
(e) This section does not create a civil cause of action. |
|
SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR |
|
Sec. 418A.051. EXECUTIVE ORDERS, PROCLAMATIONS, AND RULES. |
|
(a) Subject to Section 418A.052, the governor may issue, amend, or |
|
rescind an executive order, proclamation, or rule to further the |
|
purposes of this chapter. |
|
(b) An executive order, proclamation, or rule issued by the |
|
governor under this chapter has the force and effect of law. |
|
Sec. 418A.052. LIMITATION ON CERTAIN EXECUTIVE ORDERS, |
|
PROCLAMATIONS, AND RULES. (a) This section applies only to an |
|
executive order, proclamation, or rule issued under this chapter |
|
that has the effect of: |
|
(1) closing or limiting the operating capacity of a |
|
business or other entity; |
|
(2) mandating the wearing of a face covering; or |
|
(3) limiting surgeries or other procedures that a |
|
licensed health care professional or health care facility may |
|
perform. |
|
(b) An executive order, proclamation, or rule described by |
|
Subsection (a) may continue for more than 30 days only if the |
|
governor during that period issues: |
|
(1) a proclamation convening the legislature in |
|
special session that begins during that period to consider whether |
|
to modify or terminate the executive order, proclamation, or rule; |
|
or |
|
(2) if the legislature is convened in regular or |
|
special session, a message to the legislature requesting the |
|
legislature's consideration of whether to modify or terminate the |
|
executive order, proclamation, or rule. |
|
(c) The governor may not issue a new executive order, |
|
proclamation, or rule based on the same or a substantially similar |
|
finding as a prior executive order, proclamation, or rule that was |
|
terminated by the legislature under Subsection (b). |
|
Sec. 418A.053. LIMITATIONS ON AUTHORITY OF GOVERNOR. (a) |
|
Except as expressly provided by this chapter, the governor may |
|
exercise the same authority the governor is granted under |
|
Subchapter B, Chapter 418, to address a declared state of pandemic |
|
disaster. |
|
(b) The following provisions of Subchapter B, Chapter 418, |
|
do not apply during a declared state of pandemic disaster: |
|
(1) Section 418.014; |
|
(2) Sections 418.016(b), (c), and (d); |
|
(3) Section 418.019; |
|
(4) Section 418.0195; and |
|
(5) Section 418.023. |
|
Sec. 418A.054. RELIGIOUS FREEDOM. Actions taken under a |
|
declared state of pandemic disaster must satisfy the religious |
|
freedom protections of Chapter 110, Civil Practice and Remedies |
|
Code, and the Religious Freedom Restoration Act of 1993 (42 U.S.C. |
|
Section 2000bb et seq.). |
|
Sec. 418A.055. DECLARATION OF STATE OF PANDEMIC DISASTER. |
|
(a) The governor by executive order or proclamation may declare a |
|
state of pandemic disaster if the governor determines that a state |
|
of pandemic disaster is occurring in this state or that the |
|
occurrence or threat of a pandemic disaster is imminent. |
|
(b) Subject to Subsections (c) and (d), a state of pandemic |
|
disaster continues until the governor: |
|
(1) determines that: |
|
(A) the threat of a pandemic disaster has passed; |
|
or |
|
(B) the pandemic disaster has been addressed to |
|
the extent that emergency conditions no longer exist; and |
|
(2) terminates the state of pandemic disaster by |
|
executive order or proclamation. |
|
(c) A state of pandemic disaster may not continue for more |
|
than 30 days unless renewed by the governor. If the legislature is |
|
convened in regular or special session, the legislature by law may |
|
at any time terminate a declared state of pandemic disaster. If the |
|
legislature is not convened in session, the Pandemic Disaster |
|
Legislative Oversight Committee established under Chapter 329 may |
|
at any time terminate: |
|
(1) a state of pandemic disaster that is in effect for |
|
more than 30 days following the governor's renewal of the |
|
declaration; or |
|
(2) provisions of proclamations, orders, or rules |
|
issued or adopted by the governor or of orders issued by a political |
|
subdivision for the pandemic disaster declaration described by |
|
Subdivision (1). |
|
(d) The governor may not declare a new state of pandemic |
|
disaster based on the same or a substantially similar finding as a |
|
prior state of pandemic disaster that was terminated or not renewed |
|
by the legislature or to circumvent a meeting of the Pandemic |
|
Disaster Legislative Oversight Committee convened to review a state |
|
of pandemic disaster declaration. |
|
(e) On termination of a declared state of pandemic disaster |
|
or a provision of a proclamation, order, or rule by the legislature |
|
or the Pandemic Disaster Legislative Oversight Committee under this |
|
section, the governor shall issue an executive order ending the |
|
declared state of pandemic disaster or rescinding those provisions. |
|
(f) An executive proclamation or order issued under this |
|
section must: |
|
(1) include: |
|
(A) a description of the nature of the pandemic |
|
disaster; |
|
(B) a designation of the areas affected or |
|
threatened; and |
|
(C) a description of the conditions that caused |
|
the pandemic disaster or allowed the termination of the pandemic |
|
disaster; and |
|
(2) be posted on the Internet website of the governor |
|
and of any state agency affected by the proclamation or order. |
|
(g) The governor shall: |
|
(1) promptly disseminate a proclamation or order by |
|
any means intended to bring its contents to the attention of the |
|
public; and |
|
(2) unless the circumstances related to the pandemic |
|
disaster prevent or impede the filing, promptly file the |
|
proclamation or order with: |
|
(A) the division; |
|
(B) the secretary of state; and |
|
(C) the county clerk or municipal secretary in |
|
each area in which the proclamation or order applies. |
|
Sec. 418A.056. SALE AND TRANSPORTATION OF CERTAIN |
|
MATERIALS. The sale, dispensing, or transportation of firearms and |
|
ammunition may not be suspended or limited in response to a declared |
|
state of pandemic disaster. |
|
SUBCHAPTER C. LOCAL AND INTERJURISDICTIONAL PANDEMIC EMERGENCY |
|
MANAGEMENT |
|
Sec. 418A.101. PANDEMIC EMERGENCY MANAGEMENT DIRECTORS. |
|
(a) The presiding officer of the governing body of a political |
|
subdivision is designated as the pandemic emergency management |
|
director for that political subdivision. |
|
(b) A pandemic emergency management director serves as the |
|
governor's designated agent in the administration and supervision |
|
of duties under this chapter. A pandemic emergency management |
|
director shall perform the duties prescribed by the emergency |
|
management plan and implement the state of pandemic proclamation |
|
and each executive order issued under this chapter. |
|
(c) A pandemic emergency management director may designate |
|
a person to serve as pandemic emergency management coordinator. |
|
The pandemic emergency management coordinator shall serve as an |
|
assistant to the pandemic emergency management director for |
|
pandemic emergency management purposes. |
|
(d) A person, other than a pandemic emergency management |
|
director, may not seize state or federal resources without prior |
|
authorization from the division or the state or federal agency |
|
responsible for those resources. |
|
Sec. 418A.102. PREEMPTION. (a) Any local order or rule |
|
issued in response to a state or local state of pandemic disaster is |
|
superseded and void to the extent that it is inconsistent with |
|
proclamations, orders, or rules issued by the governor or the |
|
Department of State Health Services. |
|
(b) Any order issued by a municipality in response to a |
|
state or local state of pandemic disaster is superseded and void to |
|
the extent that it is inconsistent with orders issued by the county |
|
judge of the county in which the municipality is located. |
|
Sec. 418A.103. LIMITATION ON AD VALOREM TAX RATE OF CERTAIN |
|
POLITICAL SUBDIVISIONS. (a) In this section: |
|
(1) "No-new-revenue tax rate" and "voter-approval tax |
|
rate" have the meanings assigned by Section 26.04, Tax Code. |
|
(2) "Tax year" has the meaning assigned by Section |
|
1.04, Tax Code. |
|
(b) This section applies only to a political subdivision: |
|
(1) the presiding officer of the governing body of |
|
which issues an order requiring the closure of a private business in |
|
response to a pandemic disaster; and |
|
(2) for which the governor issues a written |
|
determination finding that the presiding officer of the governing |
|
body of the political subdivision has taken an action described by |
|
Subdivision (1). |
|
(c) Notwithstanding Chapter 26, Tax Code, or any other law, |
|
the governing body of a political subdivision to which this section |
|
applies may not adopt an ad valorem tax rate for the current tax |
|
year that exceeds the lesser of the political subdivision's |
|
no-new-revenue tax rate or voter-approval tax rate for that tax |
|
year. |
|
(d) For purposes of making the calculation required under |
|
Section 26.013, Tax Code, in a tax year in which this section |
|
applies to a political subdivision, the difference between the |
|
political subdivision's actual tax rate and voter-approval tax rate |
|
is considered to be zero. |
|
(e) A political subdivision is no longer subject to the |
|
limitation prescribed by this section in the first tax year |
|
following the governor's rescission of the written determination |
|
issued under Subsection (b)(2). |
|
(f) The governor shall adopt rules and procedures necessary |
|
to determine whether the presiding officer of a political |
|
subdivision has taken an action described by Subsection (b)(1). |
|
SUBCHAPTER D. MISCELLANEOUS PROVISIONS |
|
Sec. 418A.151. PERSONNEL SURGE CAPACITY PLANNING. |
|
Personnel surge capacity planning conducted under this chapter for |
|
declared states of pandemic disaster must include plans for |
|
providing personal protective equipment to physicians, other |
|
health care professionals, and pandemic disaster relief workers and |
|
volunteers. |
|
SECTION 3. Section 418.004(1), Government Code, is amended |
|
to read as follows: |
|
(1) "Disaster" means the occurrence or imminent threat |
|
of widespread or severe damage, injury, or loss of life or property |
|
resulting from any natural or man-made cause, including fire, |
|
flood, earthquake, wind, storm, wave action, oil spill or other |
|
water contamination, volcanic activity, epidemic, air |
|
contamination, blight, drought, infestation, explosion, riot, |
|
hostile military or paramilitary action, extreme heat, |
|
cybersecurity event, other public calamity requiring emergency |
|
action, or energy emergency. The term does not include a pandemic |
|
disaster as defined by Section 418A.003. |
|
SECTION 4. Section 418.005(b), Government Code, is amended |
|
to read as follows: |
|
(b) Each person described by Subsection (a) shall complete a |
|
course of training provided or approved by the division of not less |
|
than three hours regarding the responsibilities of state and local |
|
governments under this chapter and Chapter 418A not later than the |
|
180th day after the date the person: |
|
(1) takes the oath of office, if the person is required |
|
to take an oath of office to assume the person's duties as a public |
|
officer; |
|
(2) otherwise assumes responsibilities as a public |
|
officer, if the person is not required to take an oath of office to |
|
assume the person's duties; or |
|
(3) is designated as an emergency management |
|
coordinator under Section 418.1015(c). |
|
SECTION 5. Section 418A.008, Government Code, as added by |
|
this Act, applies only to a cause of action that accrued on or after |
|
March 13, 2020. A cause of action that accrued before March 13, |
|
2020, is governed by the law applicable to the cause of action |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2021. |