Bill Text: TX HB4440 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to state and local government responses to a pandemic disaster, including the establishment of the Pandemic Disaster Legislative Oversight Committee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-26 - Left pending in committee [HB4440 Detail]
Download: Texas-2023-HB4440-Introduced.html
88R9827 JON-F | ||
By: Hunter | H.B. No. 4440 |
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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 330 to read as follows: | ||
CHAPTER 330. PANDEMIC DISASTER LEGISLATIVE OVERSIGHT COMMITTEE | ||
Sec. 330.001. 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. 330.002. 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 16 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; | ||
(10) the chair of the House Committee on Public | ||
Education or its successor; | ||
(11) two additional members appointed by the | ||
lieutenant governor and two additional members appointed by the | ||
speaker of the house to ensure ethnic minority representation on | ||
the committee from the respective ethnic communities; | ||
(12) the chair of the House Committee on Criminal | ||
Jurisprudence or its successor; and | ||
(13) the chair of the Senate Committee on Criminal | ||
Justice or its successor. | ||
(c) Notwithstanding Subsection (b), any member of the | ||
senate or house of representatives may submit a written request to | ||
the joint chairs of the committee to participate in the committee's | ||
proceedings to the extent practical. When participation is not | ||
practical, the joint chairs of the committee must establish | ||
procedures for requesting members to audit proceedings and must | ||
provide to requesting members updates on committee proceedings. | ||
Sec. 330.003. JOINT CHAIRS. The lieutenant governor and | ||
speaker of the house of representatives serve as joint chairs of the | ||
committee. | ||
Sec. 330.004. 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. 330.005. 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 or the | ||
presiding officer of the governing body of a political subdivision | ||
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; | ||
(12) authorize any governmental official to mandate | ||
that an individual obtain a vaccination; | ||
(13) create any new legal duty for a negligence claim | ||
or a new cause of action; or | ||
(14) authorize any governmental official to force a | ||
business to close or limit the operating capacity or use of a | ||
business. | ||
Sec. 418A.0045. LIMITATIONS ON MEDICAL PROCEDURES. (a) In | ||
this section, "nonelective medical procedure" means a medical | ||
procedure, including a surgery, a physical exam, a diagnostic test, | ||
a screening, the performance of a laboratory test, and the | ||
collection of a specimen to perform a laboratory test, that if not | ||
performed within a reasonable time may, as determined in good faith | ||
by a patient's physician, result in: | ||
(1) the patient's loss of life; or | ||
(2) a deterioration, complication, or progression of | ||
the patient's current or potential medical condition or disorder, | ||
including a physical condition or mental disorder. | ||
(b) The governor during a declared state of pandemic | ||
disaster may not issue an executive order, proclamation, or | ||
regulation that limits or prohibits a nonelective medical | ||
procedure. | ||
(c) The governor during a declared state of pandemic | ||
disaster may issue an executive order, proclamation, or regulation | ||
imposing a temporary limitation or prohibition on a medical | ||
procedure other than a nonelective medical procedure only if the | ||
limitation or prohibition is reasonably necessary to conserve | ||
resources for nonelective medical procedures or resources needed | ||
for disaster response. An executive order, proclamation, or | ||
regulation issued under this subsection may not continue for more | ||
than 15 days unless renewed by the governor. | ||
(d) A person subject to an executive order, proclamation, or | ||
regulation issued under this section who in good faith acts or fails | ||
to act in accordance with that order, proclamation, or regulation | ||
is not civilly or criminally liable and is not subject to | ||
disciplinary action for that act or failure to act. | ||
(e) The immunity provided by Subsection (d) is in addition | ||
to any other immunity or limitation of liability provided by law. | ||
(f) Notwithstanding any other law, this section does not | ||
create a civil, criminal, or administrative cause of action or | ||
liability or create a standard of care, obligation, or duty that | ||
provides the basis for a cause of action for an act or omission | ||
under this section. | ||
Sec. 418A.005. APPLICABILITY OF OTHER LAW. (a) 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 418.108; | ||
(6) Section 418.171; | ||
(7) Section 418.1881; | ||
(8) Section 418.1882; | ||
(9) Section 418.191; and | ||
(10) Section 418.195. | ||
(b) Notwithstanding Subsection (a)(5), the provisions of | ||
Section 418.108 apply to a state of pandemic disaster declared | ||
under this chapter only to the extent the local declaration is | ||
issued for the purposes of applying for, administering, or spending | ||
a grant, gift, or payment in aid of pandemic disaster mitigation, | ||
preparedness, response, or recovery. | ||
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. PROHIBITIONS. (a) 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 businesses or industries to close; | ||
(2) distinguishes between types of businesses or | ||
industries in limiting operation capacities; or | ||
(3) restricts in-person visitation for residents of: | ||
(A) nursing facilities, assisted living | ||
facilities, and intermediate care facilities for individuals with | ||
an intellectual disability that are licensed under Subtitle B, | ||
Title 4, Health and Safety Code; and | ||
(B) state supported living centers, as defined by | ||
Section 531.002, Health and Safety Code. | ||
(b) The governor or 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 requires a public or private golf course to close. | ||
(c) The governor or 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 requires a state park to close. | ||
Sec. 418A.0071. PROHIBITION ON CLOSURE OF PUBLIC BEACHES. | ||
During a declared state of pandemic disaster or local state of | ||
pandemic disaster, a governmental entity, including a political | ||
subdivision and state agency, may not issue an order, promulgate a | ||
rule, adopt or enforce a policy, or otherwise restrict access to or | ||
a means of accessing a public beach, as defined by Section 61.001, | ||
Natural Resources Code. | ||
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. | ||
(f) The immunity provided by this section applies to nursing | ||
facilities licensed under Chapter 242, Health and Safety Code, only | ||
with respect to an act or omission that occurred before November 1, | ||
2020. | ||
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 mandating the wearing of a face covering. | ||
(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 while the legislature is in session. | ||
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), (c-1), 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 330 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). | ||
(c-1) A state of pandemic disaster renewed by the governor | ||
under Subsection (c) may not continue unless, on or before the 90th | ||
day after the date the state of pandemic disaster is initially | ||
declared, the governor: | ||
(1) if the legislature is convened in regular or | ||
special session, issues a message to the legislature requesting the | ||
legislature's consideration and determination, not later than the | ||
30th day after the date the message is issued, of whether to modify | ||
or terminate the executive order or proclamation declaring the | ||
state of pandemic disaster; or | ||
(2) if the legislature is not convened in regular or | ||
special session, issues a proclamation convening the legislature in | ||
a special session that begins not later than the 30th day after the | ||
date the proclamation is issued for the legislature to consider | ||
whether to modify or terminate the executive order or proclamation | ||
declaring the state of pandemic disaster. | ||
(c-2) The governor must provide notice of a proclamation | ||
convening the legislature under Subsection (c-1) not later than the | ||
60th day after the state of pandemic disaster is initially | ||
declared. | ||
(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 order or proclamation 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. | ||
Sec. 418A.152. EMERGENCY MANAGEMENT SYSTEM. The division, | ||
in collaboration with other appropriate persons selected by the | ||
division, shall: | ||
(1) establish a statewide emergency management system | ||
to respond to a declared state of pandemic disaster; | ||
(2) to the extent practicable include private wireless | ||
communication, Internet, and cable service providers in the system; | ||
and | ||
(3) use the satellite communications equipment and | ||
mobile telephone towers of the participating providers under | ||
Subdivision (2) to assist in responding to a declared state of | ||
pandemic disaster. | ||
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.0045, Government Code, as added by | ||
this Act, applies only to an order, proclamation, or regulation | ||
issued on or after the effective date of this Act. | ||
SECTION 6. 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 7. 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, 2023. |