87R11404 YDB-F
	By: Burrows	H.B. No. 3

	A BILL TO BE ENTITLED
	AN ACT
	relating to state and local government responses to a pandemic
	disaster; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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)  reduce the vulnerability of residents and
	communities in this state to damage, injury, and loss of life and
	property resulting from a pandemic disaster;
	(2)  prepare for prompt and efficient care and
	treatment of persons victimized or threatened by a pandemic
	disaster;
	(3)  maintain employment levels for state residents to
	the extent possible;
	(4)  protect and preserve individual liberties
	guaranteed under the United States Constitution and the Texas
	Constitution;
	(5)  provide a setting conducive to the rapid and
	orderly restoration and rehabilitation of persons and property
	affected by a pandemic disaster;
	(6)  clarify and strengthen the roles of the governor,
	state agencies, the judicial branch of state government, and local
	governments 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 provide for coordination of
	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 embodying
	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 population of multiple
	countries or the world and that threatens widespread or severe
	damage, injury, or loss of life or property 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)  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;
	(3)  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;
	(4)  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
	required to transmit or print public service messages providing
	information or instructions in connection with a pandemic disaster
	or potential pandemic disaster;
	(5)  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;
	(6)  limit, modify, or abridge the authority of the
	governor to proclaim martial law or 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;
	(7)  authorize the seizure or confiscation of any
	firearm or ammunition from an individual who is lawfully carrying
	or possessing the firearm or ammunition; or
	(8)  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.
	Sec. 418A.005.  APPLICABILITY OF OTHER LAW. Sections
	418.020, 418.021, 418.022, 418.026, and 418.107 and Subchapters C-1
	and D, Chapter 418, apply to a state of pandemic disaster declared
	under this chapter.
	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.  CIVIL LIABILITY DURING PANDEMIC DISASTER.
	(a) An officer or employee of a state or local agency, or a
	volunteer acting at the direction of an officer or employee of a
	state or local agency, is considered for purposes of Section
	437.222 to be a member of the Texas military forces ordered into
	active service of this state by proper authority and is considered
	to be discharging a duty in that capacity if the person is
	performing an activity related to sheltering or housing individuals
	in connection with the evacuation of an area stricken or threatened
	by a 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 do
	business in this state;
	(2)  the business or entity knew of the risk of exposure
	or potential exposure;
	(3)  the business or entity made a reasonable effort to
	comply with applicable federal, state, and local laws, rules,
	ordinances, declarations, and proclamations related to the
	pandemic disaster; and
	(4)  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, so long as 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.
	SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
	Sec. 418A.051.  RESPONSIBILITY OF GOVERNOR. The governor is
	responsible for meeting the dangers to this state and the residents
	of this state presented by a pandemic disaster.  The governor may
	only exercise the authority granted by this chapter to address a
	pandemic disaster.
	Sec. 418A.052.  EXECUTIVE ORDERS, PROCLAMATIONS, AND RULES.
	(a) 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.053.  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 Subsection (c), 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.  The legislature by law
	may terminate a state of pandemic disaster at any time.  On
	termination by the legislature, the governor shall issue an
	executive order ending the state of pandemic disaster.
	(d)  An executive order or proclamation issued under this
	section must include:
	(1)  a description of the nature of the pandemic
	disaster;
	(2)  a designation of the areas affected or threatened;
	and
	(3)  a description of the conditions that caused the
	pandemic disaster or allowed the termination of the pandemic
	disaster.
	(e)  The governor shall:
	(1)  promptly disseminate an executive order or
	proclamation 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 order or
	proclamation with:
	(A)  the division;
	(B)  the secretary of state; and
	(C)  the county clerk or municipal secretary in
	each area in which it applies.
	Sec. 418A.054.  EFFECT OF PANDEMIC DISASTER DECLARATION.
	(a) An executive order or proclamation declaring a state of
	pandemic disaster:
	(1)  activates the pandemic disaster preparedness and
	response components of the state emergency management plan required
	by Section 418.042, as applicable to the area subject to the
	declaration; and
	(2)  authorizes the deployment and use of any resources
	to which the pandemic disaster recovery and rehabilitation
	components of the state emergency management plan apply and the use
	or distribution of any supplies, equipment, materials, or
	facilities assembled, stored, or arranged to be made available
	under this chapter or other law relating to disasters.
	(b)  During a pandemic disaster, the pandemic disaster
	preparedness and response components of the state emergency
	management plan are activated as provided by that plan.
	(c)  During a state of pandemic disaster and the following
	recovery period, the governor is the commander in chief of state
	agencies, boards, and commissions having emergency
	responsibilities. To the greatest extent possible, the governor
	shall delegate or assign command authority by prior arrangement
	embodied in appropriate executive orders or plans. This chapter
	does not restrict the governor's authority to issue those orders at
	the time of the pandemic disaster.
	Sec. 418A.055.  SUSPENSION OF CERTAIN LAWS, ORDERS, AND
	RULES. (a) The governor may suspend the provisions of any
	regulatory statute prescribing procedures for conducting state
	business or a state agency order or rule if strict compliance with
	the statute, order, or rule would in any way prevent, hinder, or
	delay necessary action in coping with a pandemic disaster.
	(b)  On request of a political subdivision, the governor may
	waive or suspend a deadline, including a deadline relating to a
	budget or ad valorem tax, imposed on the political subdivision by a
	statute or a state agency order or rule if the waiver or suspension
	is reasonably necessary to cope with the pandemic disaster.
	(c)  The governor may suspend any of the following
	requirements in response to a pandemic emergency or disaster
	declaration of another jurisdiction if strict compliance with the
	requirement would prevent, hinder, or delay necessary action in
	assisting another state with coping with a pandemic emergency or
	disaster:
	(1)  a registration requirement in an agreement entered
	into under the International Registration Plan under Section
	502.091, Transportation Code, to the extent authorized by federal
	law;
	(2)  a temporary registration permit requirement under
	Section 502.094, Transportation Code;
	(3)  a provision of Subtitle E, Title 7, Transportation
	Code, to the extent authorized by federal law;
	(4)  a motor carrier registration requirement under
	Chapter 643, Transportation Code;
	(5)  a registration requirement under Chapter 645,
	Transportation Code, to the extent authorized by federal law; or
	(6)  a fuel tax requirement under the International
	Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq., to
	the extent authorized by federal law.
	(d)  For the purposes of Subsection (c), "pandemic emergency
	or disaster declaration of another jurisdiction" means a pandemic
	emergency declaration, a major pandemic disaster declaration, a
	pandemic state of emergency declaration, a state of pandemic
	disaster declaration, or a similar declaration related to a
	pandemic made by:
	(1)  the president of the United States under the
	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
	U.S.C. Section 5121 et seq.); or
	(2)  the governor of another state.
	(e)  To the extent federal law requires this state to issue a
	special permit under 23 U.S.C. Section 127 or an executive order, a
	suspension issued under Subsection (c) is a special permit or an
	executive order.
	Sec. 418A.056.  USE OF PUBLIC AND PRIVATE RESOURCES. (a) The
	governor may use all available resources of executive departments
	and agencies or their units that are reasonably necessary to cope
	with a pandemic disaster.
	(b)  The governor may temporarily reassign resources,
	personnel, or functions of state agencies and political
	subdivisions for the purpose of performing or facilitating
	emergency services during a pandemic disaster.
	(c)  The governor may commandeer or use private property if
	the governor finds it necessary to cope with a pandemic disaster,
	subject to the compensation requirements of Subchapter G, Chapter
	418.
	Sec. 418A.057.  MOVEMENT OF PEOPLE. (a)  The governor may
	prescribe routes, modes of transportation, and destinations in
	connection with any evacuation necessary in a pandemic disaster.
	(b)  The governor may control ingress and egress to and from
	a pandemic disaster area and the movement of persons and the
	occupancy of premises in the area.
	Sec. 418A.058.  RESTRICTED SALE AND TRANSPORTATION OF
	MATERIALS. (a) The governor may suspend or limit the sale,
	dispensing, or transportation of alcoholic beverages, explosives,
	and combustibles in response to a pandemic disaster.
	(b)  The sale, dispensing, or transportation of firearms and
	ammunition may not be suspended or limited in response to a pandemic
	disaster.
	Sec. 418A.059.  RULES. The governor may adopt rules
	necessary to implement this chapter, including rules for:
	(1)  standards of eligibility for persons applying for
	benefits related to the pandemic disaster;
	(2)  procedures for applying for the benefits;
	(3)  procedures for the administration, investigation,
	filing, and approval of applications for the benefits;
	(4)  procedures for the formation of local or statewide
	boards to act on applications for the benefits; and
	(5)  procedures for appeals of decisions relating to
	applications for the benefits.
	Sec. 418A.060.  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.
	2000bb et seq.).
	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 may exercise the powers granted to the governor under this
	chapter on an appropriate local scale.
	(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 exercising under Subsection (b) a power granted to the
	governor, 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.  SUSPENSION OF DEADLINES IMPOSED BY LOCAL
	LAW. (a) Notwithstanding any other law, a deadline imposed by
	local law on a political subdivision, including a deadline relating
	to a budget or ad valorem tax, is suspended if:
	(1)  the territory of the political subdivision is
	wholly or partly located in an area in which a pandemic disaster has
	been declared by the president of the United States or the governor;
	and
	(2)  the presiding officer of the political subdivision
	proclaims that the political subdivision is unable to comply with
	the requirement because of the pandemic disaster.
	(b)  The presiding officer of the political subdivision may
	issue an order ending the suspension of a deadline under this
	section. A deadline may not be suspended for more than 30 days after
	the date the presiding officer issues the proclamation described by
	Subsection (a)(2).
	Sec. 418A.103.  PREEMPTION. 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
	orders, declarations, or proclamations issued by the governor or
	the Department of State Health Services.
	Sec. 418A.104.  LIMITATION ON ALTERATION OF VOTING
	PROCEDURES. (a) An election official of a political subdivision
	seeking to alter, in response to a pandemic disaster, any voting
	standard, practice, or procedure in a manner not otherwise
	expressly authorized by the Election Code, must first obtain
	approval of the proposed alteration from the secretary of state by
	submitting a written request for approval to the secretary of
	state.
	(b)  The secretary of state by written order may approve a
	proposed alteration requested under Subsection (a). An election
	official of a political subdivision may not alter any voting
	standard, practice, or procedure in a manner not otherwise
	expressly authorized by the Election Code without a written order
	of approval from the secretary of state.
	Sec. 418A.105.  LIMITATION ON AD VALOREM TAX RATE OF CERTAIN
	COUNTIES AND MUNICIPALITIES. (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 county or municipality:
	(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; and
	(2)  for which the governor issues a written
	determination finding that the presiding officer of the governing
	body of the county or municipality has taken an action described by
	Subdivision (1).
	(c)  Notwithstanding Chapter 26, Tax Code, or any other law,
	the governing body of a county or municipality to which this section
	applies may not adopt an ad valorem tax rate for the current tax
	year that exceeds the lesser of the county's or municipality'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 county or municipality, the difference between the
	county's or municipality's actual tax rate and voter-approval tax
	rate is considered to be zero.
	(e)  A county or municipality is no longer subject to the
	limitation prescribed by this section in the first tax year in which
	the governor rescinds the written determination issued under
	Subsection (b)(2).
	SUBCHAPTER D. MISCELLANEOUS PROVISIONS
	Sec. 418A.151.  QUALIFICATIONS FOR RENDERING AID. A person
	who holds a license, certificate, or other permit issued by a state
	or political subdivision of any state evidencing that a person
	possesses certain specific professional, mechanical, or other
	skills may render aid in this state through the use of the
	applicable skill to meet a pandemic disaster. This state shall give
	due consideration to the license, certificate, or other permit.
	Sec. 418A.152.  CRIMINAL PENALTY FOR VIOLATION OF PANDEMIC
	COMPONENTS OF EMERGENCY MANAGEMENT PLAN. (a) A person commits an
	offense if the person violates a provision of the pandemic
	components of a state, local, or interjurisdictional emergency
	management plan or a rule, order, or ordinance adopted under those
	provisions.
	(b)  An offense under this section is punishable by a fine
	only in an amount not to exceed $1,000.
	(c)  This section may be enforced by state and local
	officials.
	Sec. 418A.153.  SHELTER OPERATIONS. The Department of State
	Health Services shall develop, with the direction, oversight, and
	approval of the division, an addendum to the pandemic components of
	the state emergency management plan that includes provisions for:
	(1)  developing medical special needs categories;
	(2)  categorizing the requirements of individuals with
	medical special needs; and
	(3)  establishing minimum health-related standards for
	short-term and long-term shelter operations in shelters operated
	with state funds or receiving state assistance.
	Sec. 418A.154.  PERSONNEL SURGE CAPACITY PLANNING. (a)
	With the direction, oversight, and approval of the division and the
	assistance of the Department of State Health Services, health care
	facilities, county officials, trauma service area regional
	advisory councils, and other appropriate entities, each council of
	government, regional planning commission, or similar regional
	planning agency created under Chapter 391, Local Government Code,
	shall develop a regional plan for personnel surge capacity during
	pandemic disasters, including plans for providing personal
	protective equipment, lodging, and meals for pandemic disaster
	relief workers and volunteers.
	(b)  An entity developing a regional plan for personnel surge
	capacity with regard to lodging shall consult with representatives
	of emergency responders, infrastructure and utility repair
	personnel, and other representatives of agencies, entities, or
	businesses essential to the planning process.
	Sec. 418A.155.  MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An
	entity responsible for the care of individuals with medical special
	needs shall develop and distribute information on volunteering in
	connection with a pandemic disaster.
	(b)  The division shall provide information to interested
	parties and the public regarding the process for identifying and
	training volunteers to assist groups of people, including people
	with medical special needs and residents of assisted living
	facilities.
	Sec. 418A.156.  ATTORNEY GENERAL AS LEGAL ADVISOR ON ISSUES
	RELATED TO DECLARED PANDEMIC DISASTER. (a)  This section applies
	only during a declared state of pandemic disaster under Section
	418A.053 and the 90-day period following the expiration or
	termination of the pandemic disaster declaration.
	(b)  The attorney general may provide legal counsel to a
	political subdivision subject to a declared state of pandemic
	disaster under Section 418A.053 on issues related to pandemic
	disaster mitigation, preparedness, response, and recovery
	applicable to the area subject to the pandemic disaster
	declaration.
	(c)  A request for legal counsel under this section may be
	submitted only by:
	(1)  the emergency management director designated
	under Section 418.1015 for the political subdivision;
	(2)  the county judge or a commissioner of a county
	subject to the declaration; or
	(3)  the mayor of a municipality subject to the
	declaration.
	Sec. 418A.157.  OFF-CAMPUS PROGRAMS APPROVED FOR AVERAGE
	DAILY ATTENDANCE DURING PANDEMIC DISASTER. (a) Notwithstanding
	any other law, the commissioner of education may, based on criteria
	developed by the commissioner, approve instructional programs
	provided off-campus by an entity other than a school district or
	open-enrollment charter school as a program in which participation
	by a student of a district or charter school shall be counted for
	purposes of determining average daily attendance, in accordance
	with Section 48.005(h), Education Code, during a pandemic disaster.
	(b)  A student of a district or charter school may attend an
	instructional program provided off-campus by an entity other than a
	school district or open-enrollment charter school if the district
	or charter school does not offer full-time in-person education for
	the student.
	(c)  A student attending an off-campus instructional program
	described by Subsection (b) shall be counted in the average daily
	attendance of the district of residence.  The off-campus
	instructional program shall provide attendance figures to the
	school district weekly.
	(d)  If a district of residence fails to compensate the
	off-campus instructional program before the 46th day after the date
	of receiving a bill, the commissioner of education shall reimburse
	the off-campus instructional program from funding deducted from the
	district.
	SECTION 2.  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.
	SECTION 3.  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 4.  Section 418A.007, 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 5.  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.