We have been tracking the progress of HB 3, the omnibus pandemic response bill, since House Calendars Committee Chair Dustin Burrows (R-Lubbock) filed it in late February. As originally filed, the bill contained liability language significantly different from and in some ways in conflict with SB 6. After a hearing in House State Affairs on March 11, the bill sat in committee until a substitute was voted out on May 5. The substitute still contained the liability language, which remained in the bill when the House passed HB 3 on May 11. At that time, we received assurances from the Senate sponsor, Sen. Brian Birdwell (R-Granbury), that the liability provision would be removed in the Senate committee substitute. This in fact occurred, and the Senate State Affairs Committee sent the substitute to the full Senate on May 21. HB 3 passed the Senate on May 25 with only one dissenting vote. As it currently stands, HB 3 makes several changes to Chapters 418 (emergency management) and 433 (disaster declaration), Government Code, primarily to restrict the governor’s authority during a state of emergency. The bill:
- Adds “pandemic” to the list of events that constitute a “disaster” for purposes of §418.004(1), Government Code;
- Adds §418.0125, Government Code, to give the legislature exclusive authority to restrict or impair the operation or occupancy of a business during a declared disaster, and only upon consultation with the county judge of the affected county;
- Requires the governor to call a special session (if the legislature is not in regular session) if the governor finds that the authority of the legislature is required to restrict business;
- Amends §418.014, Government Code, to bar the governor from renewing a disaster declaration to extend for more than 60 days or declare a new state of emergency based on the same or substantially similar conditions as a prior state of disaster that: (1) exists in at least two-fifths of the counties in the state, or (2) affects at least half the population of the state;
- Amends §418.0155, Government Code, to require: (1) the governor to post on the office’s website the list of rules and regulations suspended by the governor in response to a disaster declaration, and (2) the affected state agency to publish the list on its website within 24 hours of suspension and in an easily accessible place;
- Adds §418.0165, Government Code, to prohibit the governor from suspending a provision of either Chapter 418 (emergency management) or Chapter 433 (disaster declaration), Government Code, or any law or rule the suspension of which results in the continuation of a state agency beyond its sunset date;
- Allows the governor to suspend a provision of the Code of Criminal Procedure, Election Code, or Penal Code only in the first 30 days of a declared disaster, unless the governor convenes a special session to consider disaster response;
- Prohibits the governor from suspending an Election Code provision related to qualifications or procedures for early voting by mail, except the governor may extend the voting period for early voting by mail to respond to the disaster;
- Adds §418.027, Government Code, to provide that the governor’s disaster declaration pre-empts a local disaster declaration unless the governor expressly authorizes otherwise;
- Adds §433.0025, Government Code, to preclude the governor from issuing an order restricting or impairing the operation or occupancy of a business without calling a special session (if the legislature is not in regular session) requesting the legislature to do so;
- Amends §433.003, Government Code, to bar the governor from proclaiming successive states of disaster to extend for more than 60 days or declare a new state of emergency based on the same or substantially similar conditions as a prior state of disaster that: (1) exists in at least two-fifths of the counties in the state, or (2) affects at least half the population of the state; and
- Repeals §418.019, Government Code, which authorizes the governor during a state of emergency to suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.
