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.