Texas Government Code

Sec. § 418.016
Suspension of Certain 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)

Upon declaration of a state of disaster, enforcement of the regulation of on-premise outdoor signs under Subchapter A (Legislative Intent), Chapter 216 (Regulation of Signs by Municipalities), Local Government Code, by a municipality that is located in a county within, or that is located in a county adjacent to a county within, the disaster area specified by the declaration is suspended to allow licensed or admitted insurance carriers or licensed agents acting on behalf of insurance carriers to erect temporary claims service signage for not more than 30 days or until the end of the declaration of disaster, whichever is earlier.

(c)

A temporary claims service sign shall not:

(1)

be larger than forty square feet in size;

(2)

be more than five feet in height; and

(3)

be placed in the right of way.

(d)

At the end of the 30 days or the end of the declaration of disaster, whichever is earlier, the insurance carrier or its licensed agents must remove the temporary claims service signage that was erected.

(e)

On request of a political subdivision, the governor may waive or suspend a deadline imposed by a statute or the orders or rules of a state agency on the political subdivision, including a deadline relating to a budget or ad valorem tax, if the waiver or suspension is reasonably necessary to cope with a disaster.

(f)

The governor may suspend any of the following requirements in response to an emergency or disaster declaration of another jurisdiction if strict compliance with the requirement would prevent, hinder, or delay necessary action in assisting another state with coping with an emergency or disaster:

(1)

a registration requirement in an agreement entered into under the International Registration Plan under Section 502.091 (International Registration Plan), Transportation Code, to the extent authorized by federal law;

(2)

a temporary registration permit requirement under Section 502.094, Transportation Code;

(3)

a provision of Subtitle E, Title 7, Transportation Code, to the extent authorized by federal law;

(4)

a motor carrier registration requirement under Chapter 643 (Motor Carrier Registration), Transportation Code;

(5)

a registration requirement under Chapter 645 (Unified Carrier Registration), Transportation Code, to the extent authorized by federal law; or

(6)

a fuel tax requirement under the International Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq., to the extent authorized by federal law.

(g)

For the purposes of Subsection (f), “emergency or disaster declaration of another jurisdiction” means an emergency declaration, a major disaster declaration, a state of emergency declaration, a state of disaster declaration, or a similar declaration made by:

(1)

the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.); or

(2)

the governor of another state.

(h)

To the extent federal law requires this state to issue a special permit under 23 U.S.C. Section 127 or an executive order, a suspension issued under Subsection (f) is a special permit or an executive order.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 990 (H.B. 3851), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.03a, eff. September 1, 2009.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.008, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 3, eff. September 1, 2013.
Source

Last accessed
Jun. 7, 2021