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AN ACT
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relating to the authority of the governor or a political |
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subdivision to suspend statutory or local deadlines during a |
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disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.016, Government Code, is amended to |
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read as follows: |
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Sec. 418.016. SUSPENSION OF CERTAIN [PROCEDURAL] LAWS AND |
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RULES. (a) The governor may suspend the provisions of any |
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regulatory statute prescribing the procedures for conduct of state |
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business or the orders or rules of a state agency if strict |
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compliance with the provisions, orders, or rules would in any way |
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prevent, hinder, or delay necessary action in coping with a |
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disaster. |
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(b) On request of a political subdivision, the governor may |
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waive or suspend a deadline imposed by a statute or the orders or |
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rules of a state agency on the political subdivision, including a |
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deadline relating to a budget or ad valorem tax, if the waiver or |
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suspension is reasonably necessary to cope with a disaster. |
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SECTION 2. Subchapter E, Chapter 418, Government Code, is |
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amended by adding Section 418.1075 to read as follows: |
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Sec. 418.1075. SUSPENSION OF DEADLINES IMPOSED BY LOCAL |
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LAW. (a) Notwithstanding any other law, a deadline imposed by |
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local law on a political subdivision, including a deadline relating |
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to a budget or ad valorem tax, is suspended if: |
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(1) the territory of the political subdivision is |
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wholly or partly located in the area of a disaster declared by the |
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president of the United States or the governor; and |
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(2) the presiding officer of the political subdivision |
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or, if there is no presiding officer, the political subdivision's |
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governing body, proclaims the political subdivision is unable to |
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comply with the requirement because of the disaster. |
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(b) The presiding officer of the political subdivision or, |
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if there is no presiding officer, the political subdivision's |
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governing body, may issue an order ending the suspension of a |
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deadline under this section. A deadline may not be suspended for |
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more than 30 days after the date the presiding officer or governing |
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body, as appropriate, makes the proclamation described by |
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Subsection (a)(2). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3851 was passed by the House on April |
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28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3851 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3851 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |