By: Birdwell, et al.	S.B. No. 1025

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of the legislature and governor with
	respect to certain disaster or emergency declarations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 418, Government Code, is
	amended by adding Section 418.0125 to read as follows:
	Sec. 418.0125.  POWER RESERVED TO LEGISLATURE. (a)
	Notwithstanding any other law, during a declared state of disaster
	described by Section 8(c), Article IV, Texas Constitution, only the
	legislature has the authority to:
	(1)  suspend a provision in the Code of Criminal
	Procedure, Election Code, or Penal Code to appropriately respond to
	the disaster;
	(2)  restrict or impair the operation or occupancy of
	businesses or places of worship in this state by category or region
	to appropriately respond to the disaster; or
	(3)  renew or extend the governor's state of disaster
	declaration.
	(b)  The governor by proclamation shall convene the
	legislature in special session to respond to a declared state of
	disaster if the governor finds that the authority of the
	legislature under Subsection (a) should be exercised and the
	legislature is not convened in regular or special session.
	SECTION 2.  Section 418.014, Government Code, is amended by
	amending Subsections (b) and (c) and adding Subsection (c-1) to
	read as follows:
	(b)  Except as provided by Subsection (c) or (c-1), the state
	of disaster continues until the governor:
	(1)  finds that:
	(A)  the threat or danger has passed; or
	(B)  the disaster has been dealt with to the
	extent that emergency conditions no longer exist; and
	(2)  terminates the state of disaster by executive
	order.
	(c)  A state of disaster may not continue for more than 30
	days unless renewed by the governor, subject to Subsection (c-1).
	The legislature by law may terminate a state of disaster at any
	time. On termination by the legislature, the governor shall issue
	an executive order ending the state of disaster.
	(c-1)  If the governor finds that a state of disaster
	described by Section 8(c), Article IV, Texas Constitution, requires
	renewal and the legislature is not convened in regular or special
	session, the governor by proclamation shall convene the legislature
	in special session to renew, extend, or otherwise respond to the
	state of disaster. The governor may not declare a new state of
	disaster based on the same or a substantially similar finding as a
	prior state of disaster subject to this subsection that was
	terminated or not renewed by the legislature.
	SECTION 3.  Section 418.016(a), Government Code, is amended
	to read as follows:
	(a)  Subject to Section 418.0125, the [The] governor may
	suspend the provisions of any regulatory statute prescribing the
	procedures for conduct of state business or the orders or rules of a
	state agency if strict compliance with the provisions, orders, or
	rules would in any way prevent, hinder, or delay necessary action in
	coping with a disaster.
	SECTION 4.  Section 418.019, Government Code, is repealed.
	SECTION 5.  Section 433.002, Government Code, is amended by
	amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b)  Subject to Section 433.0025, the [The] directive may
	provide for:
	(1)  control of public and private transportation in
	the affected area;
	(2)  designation of specific zones in the affected area
	in which, if necessary, the use and occupancy of buildings and
	vehicles may be controlled;
	(3)  control of the movement of persons;
	(4)  control of places of amusement or assembly; and
	(5)  establishment of curfews.[;]
	(b-1)  Notwithstanding Section 433.0025, the directive may
	also provide for:
	(1) [(6)]  control of the sale, transportation, and use
	of alcoholic beverages, weapons, and ammunition, except as provided
	by Section 433.0045; and
	(2) [(7)]  control of the storage, use, and
	transportation of explosives or flammable materials considered
	dangerous to public safety.
	SECTION 6.  Chapter 433, Government Code, is amended by
	adding Section 433.0025 to read as follows:
	Sec. 433.0025.  POWER RESERVED TO LEGISLATURE. (a)
	Notwithstanding Section 433.002 or any other law, during a state of
	emergency described by Section 8(c), Article IV, Texas
	Constitution, only the legislature has the authority to:
	(1)  suspend a provision in the Code of Criminal
	Procedure, Election Code, or Penal Code to appropriately respond to
	the emergency; or
	(2)  restrict or impair the operation or occupancy of
	businesses or places of worship in this state by category or region
	to appropriately respond to the emergency except as expressly
	provided by Subsection (b-1) of Section 433.002.
	(b)  The governor by proclamation shall convene the
	legislature in special session to respond to a state of emergency
	described by Section 8(c), Article IV, Texas Constitution, if the
	governor finds that the authority of the legislature under
	Subsection (a) should be exercised and the legislature is not
	convened in regular or special session.
	SECTION 7.  Section 433.003, Government Code, is amended by
	amending Subsections (a) and (b) and by adding Subsection (c) to
	read as follows:
	(a)  Except as provided by Subsections [Subsection] (b) and
	(c), a directive expires 72 hours after the time of proclamation of
	the state of emergency for which it was issued.
	(b)  The governor by proclamation may terminate or set a
	shorter period for a directive issued under Subsection (b) of
	Section 433.002. The governor may proclaim successive states of
	emergency, each not exceeding 72 hours, as necessary to protect
	health, life, and property in the affected area, and may extend a
	directive issued under Subsection (b) of Section 433.002 from one
	state of emergency to the next.
	(c)  The governor by proclamation may terminate or set a
	shorter period for a directive issued under Subsection (b-1) of
	Section 433.002. In any case, a directive issued under Subsection
	(b-1) of Section 433.002 shall expire no later than 9 days after the
	time of proclamation of the state of emergency for which it was
	issued.
	SECTION 8.  The changes in law made by this Act apply only to
	an order, proclamation, or regulation issued on or after the
	effective date of this Act.
	SECTION 9.  This Act takes effect December 1, 2021, but only
	if the constitutional amendment proposed by the 87th Legislature,
	Regular Session, 2021, regarding the powers of the governor and the
	legislature following certain disaster or emergency declarations
	is approved by the voters. If that amendment is not approved by the
	voters, this Act has no effect.