Bill > HB523

This bill establishes new limitations and procedures for how state and local officials can respond during declared states of disaster in Texas. It creates three new sections of law that clarify officials' disaster-related authorities: state and local officials can issue recommendations and non-binding guidelines during disasters, but any orders that infringe on individual rights must be narrowly tailored to serve a compelling public health or safety purpose and be limited in duration and scope. The bill gives state courts explicit jurisdiction to hear challenges to disaster orders and allows courts to invalidate orders that are not sufficiently precise or that unequally impact different groups. Additionally, the bill significantly restricts the governor's emergency powers by specifying that only the governor can issue orders affecting constitutional rights, and such orders automatically expire after 30 days unless the legislature extends them. The legislature must now approve the continuation of a state of disaster, removing the governor's unilateral ability to extend emergency declarations. The bill also modifies various existing statutes related to emergency management, generally reducing executive branch discretion and increasing legislative oversight during disaster situations.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB523