This session TCJL will monitor bills and resolutions relating the pandemic response, including changes to civil liability, workers’ compensation, employment law, and the Governor’s authority to issue emergency declarations and orders. The following is a list of relevant legislation filed thus far:
HB 26 by Swanson: Amends §433.002, Government Code, to eliminate the governor’s authority to issue a directive pursuant to a declared emergency that controls the sale, transportation, or use of weapons and ammunition.
HB 34 by Canales: Amends §607.054, Government Code, to extend the presumption that a firefighter, peace officer, or EMT who contracts tuberculosis or a respiratory disease contracted the disease in the course and scope of employment to SARS-CoV-2 and COVID-19.
HB 47 by Canales: Amends §607.054, Government Code, to extend the presumption that a firefighter, peace officer, or EMT who contracts tuberculosis or a respiratory disease contracted the disease in the course and scope of employment to public school teachers with respect to SARS-CoV-2 and COVID-19.
HB 340 by Cain/HB 629 by White/HJR 40 by White: Amends §433.002, Government Code, to eliminate the governor’s authority to issue a directive pursuant to a declared emergency that controls the sale, transportation, or use of alcoholic beverages, weapons, ammunition, explosives, or flammable materials considered dangerous to public safety.
HB 396 by Moody: Adds §408.009, Government Code, to create a presumption that a licensed nurse who contracted COVID-19 on or after February 1, 2020 contracted the disease in the course and scope of employment if: (1) the nurse was assigned to treat a patient with the disease or to duties in which the nurse was required to come into contract with patients with the disease; and (2) the nurse contracted the disease during the patient’s admission to a health care facility or not later than 14 days after the patient’s discharge from the facility.
HB 637 by Canales: Adds §607.0545, Government Code, to create a presumption that a detention officer, firefighter, peace officer, or EMT who contracts a disease that is the basis of a gubernatorial emergency declaration contracted the disease in the course and scope of employment. Also applies to a line of duty injury under Subchapter B, Chapter 615, Government Code.
HB 665 by Landgraf: Amends §2001.034, Government Code, to limit the duration of an emergency rule adopted by a state agency during a declared emergency. Provides that an emergency rule adopted during an emergency in which at least 75% of the state’s counties have been declared to be in a state of disaster or emergency by the governor is effective for 30 days. An emergency rule may be extended for up to 60 days with approval by a majority vote of a joint hearing of the House and Senate standing committees with primary jurisdiction over the agency seeking to renew the rule.
HJR 15 by Springer: Proposes a constitutional amendment to require the governor to convene a special session of the legislature if a state of disaster or emergency declared by the governor continues for more than 21 days or upon receipt of a petition of any member that is signed by at least two-thirds of the members of each house. The legislature may review and terminate or modify any emergency order issued by the governor during the 90-day period before the special session convenes by a majority vote of the members present in each house. It may also respond to the emergency by passing laws and resolutions on its own initiative or as proposed by the governor in the proclamation convening the session.
