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(HB 3) the “Texas Pandemic Response Act”

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(HB 3) the “Texas Pandemic Response Act” By:AABurrows H.B.ANo.A3 A BILL TO BE ENTITLED 1 AN ACT 2 relating to state and local government responses to a pandemic 3 disaster; creating a criminal offense. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTIONA1.AASubtitle B, Title 4, Government Code, is amended 6 by adding Chapter 418A to read as follows: 7 CHAPTER 418A. PANDEMIC EMERGENCY MANAGEMENT 8 SUBCHAPTER A. GENERAL PROVISIONS 9 Sec.A418A.001.AASHORT TITLE. This chapter may be cited as 10 the Texas Pandemic Response Act. 11 Sec.A418A.002.AAPURPOSES. The purposes of this chapter are 12 to: 13 (1)AAreduce the vulnerability of residents and 14 communities in this state to damage, injury, and loss of life and 15 property resulting from a pandemic disaster; 16 (2)AAprepare for prompt and efficient care and 17 treatment of persons victimized or threatened by a pandemic 18 disaster; 19 (3)AAmaintain employment levels for state residents to 20 the extent possible; 21 (4)AAprotect and preserve individual liberties 22 guaranteed under the United States Constitution and the Texas 23 Constitution; 24 (5)AAprovide a setting conducive to the rapid and 87R11404 YDB-F 1 H.B.ANo.A3 1 orderly restoration and rehabilitation of persons and property 2 affected by a pandemic disaster; 3 (6)AAclarify and strengthen the roles of the governor, 4 state agencies, the judicial branch of state government, and local 5 governments in the prevention of, preparation for, response to, and 6 recovery from a pandemic disaster; 7 (7)AAauthorize and provide for cooperation in pandemic 8 disaster mitigation, preparedness, response, and recovery; 9 (8)AAauthorize and provide for coordination of 10 activities relating to pandemic disaster mitigation, preparedness, 11 response, and recovery by state agencies and officers and similar 12 state-local, interstate, federal-state, and foreign activities in 13 which this state and the political subdivisions of this state may 14 participate; 15 (9)AAprovide an emergency management system embodying 16 all aspects of pandemic preparedness and response; and 17 (10)AAassist in the mitigation of pandemic disasters 18 aggravated by inadequate planning for and regulation of public and 19 private resources. 20 Sec.A418A.003.AADEFINITIONS. In this chapter: 21 (1)AA"Division" means the Texas Division of Emergency 22 Management. 23 (2)AA"Pandemic disaster" means the occurrence or 24 imminent threat of an outbreak of an infectious disease that 25 spreads to a significant portion of the population of multiple 26 countries or the world and that threatens widespread or severe 27 damage, injury, or loss of life or property in this state resulting 2 H.B.ANo.A3 1 from any natural or man-made cause related to the outbreak. 2 (3)AA"Political subdivision" means a county or 3 municipality. 4 Sec.A418A.004.AALIMITATIONS. This chapter does not: 5 (1)AAgrant the governor authority to enact law; 6 (2)AAlimit the authority of the governor to apply for, 7 administer, or spend a grant, gift, or payment in aid of pandemic 8 disaster mitigation, preparedness, response, or recovery; 9 (3)AAinterfere with the course or conduct of a labor 10 dispute, except that actions otherwise authorized by this chapter 11 or other laws may be taken when necessary to forestall or mitigate 12 imminent or existing danger to public health or safety; 13 (4)AAinterfere with dissemination of news or comment on 14 public affairs, provided any communications facility or 15 organization, including radio and television stations, wire 16 services, Internet and cellular services, and newspapers, may be 17 required to transmit or print public service messages providing 18 information or instructions in connection with a pandemic disaster 19 or potential pandemic disaster; 20 (5)AAaffect the jurisdiction or responsibilities of a 21 law enforcement agency, fire department, or unit of the armed 22 forces of the United States, or any of their personnel when on 23 active duty, if state, local, or interjurisdictional emergency 24 management plans rely on the agencies, departments, or units to 25 perform duties related to pandemic disasters; 26 (6)AAlimit, modify, or abridge the authority of the 27 governor to proclaim martial law or exercise any other power vested 3 H.B.ANo.A3 1 in the governor under the constitution or laws of this state 2 independent of or in conjunction with any provision of this 3 chapter; 4 (7)AAauthorize the seizure or confiscation of any 5 firearm or ammunition from an individual who is lawfully carrying 6 or possessing the firearm or ammunition; or 7 (8)AAauthorize any person to prohibit or restrict the 8 business operations of a firearms or ammunition manufacturer, 9 distributor, wholesaler, supplier, or retailer or a sport shooting 10 range, as defined by Section 250.001, Local Government Code. 11 Sec.A418A.005.AAAPPLICABILITY OF OTHER LAW. Sections 12 418.020, 418.021, 418.022, 418.026, and 418.107 and Subchapters C-1 13 and D, Chapter 418, apply to a state of pandemic disaster declared 14 under this chapter. 15 Sec.A418A.006.AACONFLICT WITH OTHER LAW. To the extent of 16 any conflict between this chapter and Chapter 418, this chapter 17 controls. 18 Sec.A418A.007.AACIVIL LIABILITY DURING PANDEMIC DISASTER. 19 (a) An officer or employee of a state or local agency, or a 20 volunteer acting at the direction of an officer or employee of a 21 state or local agency, is considered for purposes of Section 22 437.222 to be a member of the Texas military forces ordered into 23 active service of this state by proper authority and is considered 24 to be discharging a duty in that capacity if the person is 25 performing an activity related to sheltering or housing individuals 26 in connection with the evacuation of an area stricken or threatened 27 by a pandemic disaster. 4 H.B.ANo.A3 1 (b)AAA business or an entity operating during a pandemic 2 disaster in this state is not liable for an injury caused by 3 exposing or potentially exposing an individual to a disease if on 4 the date of the exposure or potential exposure: 5 (1)AAthe business or entity is authorized to do 6 business in this state; 7 (2)AAthe business or entity knew of the risk of exposure 8 or potential exposure; 9 (3)AAthe business or entity made a reasonable effort to 10 comply with applicable federal, state, and local laws, rules, 11 ordinances, declarations, and proclamations related to the 12 pandemic disaster; and 13 (4)AAthe act or omission giving rise to the exposure or 14 potential exposure was not wilful, reckless, or grossly negligent. 15 (c)AAA person who provides goods or renders services during a 16 pandemic disaster in support of disaster response efforts and at 17 the request of the governor or the governor 's designee is not liable 18 for an injury caused by the goods or services, regardless of the 19 circumstances, so long as the act or omission giving rise to the 20 injury was not wilful, reckless, grossly negligent, or inconsistent 21 with a limit specified in the governor 's request. 22 SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR 23 Sec.A418A.051.AARESPONSIBILITY OF GOVERNOR. The governor is 24 responsible for meeting the dangers to this state and the residents 25 of this state presented by a pandemic disaster. The governor may 26 only exercise the authority granted by this chapter to address a 27 pandemic disaster. 5 H.B.ANo.A3 1 Sec.A418A.052.AAEXECUTIVE ORDERS, PROCLAMATIONS, AND RULES. 2 (a) The governor may issue, amend, or rescind an executive order, 3 proclamation, or rule to further the purposes of this chapter. 4 (b)AAAn executive order, proclamation, or rule issued by the 5 governor under this chapter has the force and effect of law. 6 Sec.A418A.053.AADECLARATION OF STATE OF PANDEMIC DISASTER. 7 (a) The governor by executive order or proclamation may declare a 8 state of pandemic disaster if the governor determines that a state 9 of pandemic disaster is occurring in this state or that the 10 occurrence or threat of a pandemic disaster is imminent. 11 (b)AASubject to Subsection (c), a state of pandemic disaster 12 continues until the governor: 13 (1)AAdetermines that: 14 (A)AAthe threat of a pandemic disaster has passed; 15 or 16 (B)AAthe pandemic disaster has been addressed to 17 the extent that emergency conditions no longer exist; and 18 (2)AAterminates the state of pandemic disaster by 19 executive order or proclamation. 20 (c)AAA state of pandemic disaster may not continue for more 21 than 30 days unless renewed by the governor. The legislature by law 22 may terminate a state of pandemic disaster at any time. On 23 termination by the legislature, the governor shall issue an 24 executive order ending the state of pandemic disaster. 25 (d)AAAn executive order or proclamation issued under this 26 section must include: 27 (1)AAa description of the nature of the pandemic 6 H.B.ANo.A3 1 disaster; 2 (2)AAa designation of the areas affected or threatened; 3 and 4 (3)AAa description of the conditions that caused the 5 pandemic disaster or allowed the termination of the pandemic 6 disaster. 7 (e)AAThe governor shall: 8 (1)AApromptly disseminate an executive order or 9 proclamation by any means intended to bring its contents to the 10 attention of the public; and 11 (2)AAunless the circumstances related to the pandemic 12 disaster prevent or impede the filing, promptly file the order or 13 proclamation with: 14 (A)AAthe division; 15 (B)AAthe secretary of state; and 16 (C)AAthe county clerk or municipal secretary in 17 each area in which it applies.
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