By: Gonzales	H.B. No. 4068

	A BILL TO BE ENTITLED
	AN ACT
	relating to procedures for a coordinated response for the
	transaction of essential judicial functions in the event of a
	disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 74.093(c), Government Code, is amended
	to read as follows:
	(c)  The rules may provide for:
	(1)  the selection and authority of a presiding judge
	giving preference to a specified class of cases, such as civil,
	criminal, juvenile, or family law cases;
	(2)  a coordinated response for the transaction of
	essential judicial functions in the event of a disaster; and
	(3) [(2)]  any other matter necessary to carry out this
	chapter or to improve the administration and management of the
	court system and its auxiliary services.
	SECTION 2.  Section 418.002, Government Code, is amended to
	read as follows:
	Sec. 418.002.  PURPOSES. The purposes of this chapter are
	to:
	(1)  reduce vulnerability of people and communities of
	this state to damage, injury, and loss of life and property
	resulting from natural or man-made catastrophes, riots, or hostile
	military or paramilitary action;
	(2)  prepare for prompt and efficient rescue, care, and
	treatment of persons victimized or threatened by disaster;
	(3)  provide a setting conducive to the rapid and
	orderly restoration and rehabilitation of persons and property
	affected by disasters;
	(4)  clarify and strengthen the roles of the governor,
	state agencies, the judicial branch, and local governments in
	prevention of, preparation for, response to, and recovery from
	disasters;
	(5)  authorize and provide for cooperation in disaster
	mitigation, preparedness, response, and recovery;
	(6)  authorize and provide for coordination of
	activities relating to disaster mitigation, preparedness,
	response, and recovery by agencies and officers of this state, and
	similar state-local, interstate, federal-state, and foreign
	activities in which the state and its political subdivisions may
	participate;
	(7)  provide an emergency management system embodying
	all aspects of predisaster preparedness and postdisaster response;
	(8)  assist in mitigation of disasters caused or
	aggravated by inadequate planning for and regulation of public and
	private facilities and land use; and
	(9)  provide the authority and mechanism to respond to
	an energy emergency.
	SECTION 3.  Section 418.016, Government Code, is amended to
	read as follows:
	Sec. 418.016.  SUSPENSION OF PROCEDURAL LAWS AND RULES.
	(a)  The governor may suspend the provisions of any regulatory
	statute prescribing the procedures for conduct of state business or
	the orders or rules of a state agency if strict compliance with the
	provisions, orders, or rules would in any way prevent, hinder, or
	delay necessary action in coping with a disaster.
	(b)  Notwithstanding any other law, the supreme court may
	exercise the court's inherent authority by rule or by order or on a
	case by case basis, with or without the consent of the parties, to
	suspend procedures for the conduct of any court proceeding affected
	by a disaster.  This authority includes the authority to:
	(1)  provide abatements and stays;
	(2)  toll or modify other filings and service
	deadlines;
	(3)  provide for hearings or trials at locations other
	than the county of suit;
	(4)  provide for courts of appeal to accept filings and
	hear arguments in remote courthouses; and
	(5)  provide for alternative notice requirements.
	(c)  In the event that a disaster prevents the supreme court
	from acting, the chief justice may act on behalf of the supreme
	court.  In the event that a disaster prevents either the supreme
	court or the chief justice from acting, the court of criminal
	appeals may act on behalf of the chief justice.  In the event that a
	disaster prevents either the supreme court, the chief justice, or
	the court of criminal appeals from acting, the presiding judge of
	the court of criminal appeals may act on behalf of the court of
	criminal appeals.
	SECTION 4.  Section 418.042(b), Government Code. is amended
	to read as follows:
	(b)  In preparing and revising the state emergency
	management plan, the division shall seek the advice and assistance
	of local government, the judicial branch, business, labor,
	industry, agriculture, civic organizations, volunteer
	organizations, and community leaders.
	SECTION 5.  This Act takes effect September 1, 2009.