87R23114 YDB-F
	By: Burrows	H.B. No. 3
	Substitute the following for H.B. No. 3:
	By:  Paddie	C.S.H.B. No. 3

	A BILL TO BE ENTITLED
	AN ACT
	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 329 to read as follows:
	CHAPTER 329. PANDEMIC DISASTER LEGISLATIVE OVERSIGHT COMMITTEE
	Sec. 329.001.  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. 329.002.  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 10 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; and
	(10)  the chair of the House Committee on Public
	Education or its successor.
	Sec. 329.003.  JOINT CHAIRS. The lieutenant governor and
	speaker of the house of representatives serve as joint chairs of the
	committee.
	Sec. 329.004.  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. 329.005.  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 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; or
	(12)  authorize any governmental official to mandate
	that an individual obtain a vaccination.
	Sec. 418A.005.  APPLICABILITY OF OTHER LAW. 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 418.171;
	(6)  Section 418.1881;
	(7)  Section 418.1882;
	(8)  Section 418.191; and
	(9)  Section 418.193, as added by Chapter 70 (S.B.
	416), Acts of the 86th Legislature, Regular Session, 2019.
	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.  PROHIBITION. 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 specific businesses or industries to
	close; or
	(2)  distinguishes between types of businesses or
	industries in limiting operation capacities.
	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.
	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:
	(1)  closing or limiting the operating capacity of a
	business or other entity;
	(2)  mandating the wearing of a face covering; or
	(3)  limiting surgeries or other procedures that a
	licensed health care professional or health care facility may
	perform.
	(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 under Subsection (b).
	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) 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 329 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).
	(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 proclamation or order 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.
	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.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 6.  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.