Bill

HB 3

87(R) - 2021
House State Affairs
Senate State Affairs
House State Affairs
Senate State Affairs
Education
Health

Contact the Author

Dustin Burrows

Phone:

512-463-0542

Capitol Office:

E2.722

Email:

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive

Author(s)

Dustin Burrows

Sponsor(s)

Brian Birdwell

Bill Caption

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters, including pandemic disasters, and emergencies.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

CSHB 3 would amend the Government Code to address the powers of the governor and the legislature during a pandemic emergency and clarify what events qualify as disasters under Texas Law. 

CSHB 3 would prevent the governor, in most circumstances, from extending a disaster declaration for longer than 60 days or declaring a new state of disaster based on the same findings as a proper disaster unless authorized by the legislature.  

Under CSHB 3, the authority to restrict or impair the operation or occupancy of a business would lie solely with the legislature. 

A proclamation, executive order, or rule by the governor that suspends laws or regulations, could only last longer than 30 days if the governor convened a special session of the legislature to consider whether to modify or terminate the executive order (or otherwise approved by the legislature if already in session). The bill would prohibit the governor from continuing a state agency that otherwise expired under the Sunset Act due to not being renewed by the legislature. The bill would also place limitations on the governor's ability to suspend certain laws, including election laws, during a state of disaster.

A preemption clause in HB 3 would preempt any local disaster declaration if it is inconsistent with a proclamation, order, or rules issued by the governor.

Vote Recommendation Notes

In early March we published a bill alert expressing deep concerns about the filed version of HB 3 which in our view would have granted vast new powers to the governor and created new civil liability rather than protecting against it.

CSHB 3 is a substantially different bill from the version we originally published on in March. The Senate committee substitute is more circumspect and places limits on executive authority, including providing strong legislative oversight and significantly limiting the scope and duration of executive emergency authority.

Texans are citizens with a government, not the other way around. Even in emergency circumstances, the government must retain checks and balances to prevent the consolidation of power in any one branch at the expense of liberty. CSHB 3 as it comes to the Senate floor lives up to that standard. For these reasons, we support CSHB 3. 

Contact the Author

Dustin Burrows

Phone:

512-463-0542

Capitol Office:

E2.722

Email: