According to the Legislative Budget Board (LBB), the financial impact of SB 871 is indeterminate. The cost depends on whether a state of disaster is declared during the biennium and whether the legislature is required to convene in a special session as a result. While the bill may incur costs related to convening the legislature outside of regular sessions, these are contingent on future emergency events. It does not mandate immediate expenditures but creates conditional obligations. The requirement for the governor and affected agencies to compile and publish regulatory suspension lists is expected to have a manageable administrative cost and can likely be absorbed within existing resources. There is no anticipated significant fiscal impact to local governments.

The intent of SB 871 is to restore a more balanced constitutional framework between the legislative and executive branches during emergencies. It acknowledges the historical shortcomings of the Texas Disaster Act of 1975, particularly the legislature’s inability to convene itself outside regular session, which left an unchecked concentration of power in the governor's hands during extended emergencies. The bill, when paired with the proposed constitutional amendment in SJR. 40, seeks to re-establish the legislature as a co-equal branch capable of participating in emergency governance.

As such, Texas Policy Research recommends that lawmakers vote YES on SB 871.

• Individual Liberty: The bill strengthens individual liberty by curbing the potential for indefinite or arbitrary executive action during declared disasters. By limiting the governor’s unilateral authority to impose restrictions beyond the first 30 days and mandating legislative involvement thereafter, the bill ensures that individual freedoms—particularly those affected by emergency declarations, such as the right to travel, assemble, or operate a business—are safeguarded by broader democratic processes. The statutory changes shift emergency power away from a single executive figure and reintroduce deliberative oversight, reducing the risk of governmental infringement on civil liberties.
• Personal Responsibility: This bill is largely neutral in its effect on personal responsibility. It neither imposes new mandates on individuals nor alters expectations of citizen conduct during emergencies. However, by requiring elected representatives to directly deliberate on disaster-related restrictions, the bill affirms a collective responsibility within representative government. Citizens must hold their legislators accountable for decisions impacting their lives during crises, reinforcing the democratic mechanism by which responsibility is shared between the governed and their chosen officials.
• Free Enterprise: The bill offers a clear reinforcement of the principle of free enterprise. By explicitly reserving the authority to restrict or impair business operations to the legislature—and only after consultation with local county judges—the bill prevents the executive branch from unilaterally shutting down sectors of the economy during prolonged emergencies. This structural check protects businesses from arbitrary or extended closure orders and ensures that any future limitations on commerce arise only from the representative body most accountable to the people. The bill’s protections for business operations reflect a commitment to economic freedom and predictability.
• Private Property Rights: The bill also aligns with the protection of private property rights by limiting the state’s ability to interfere with business ownership and operation without legislative input. Business premises and other forms of private commercial property are integral components of property rights, and actions that restrict their use implicate constitutional protections. By requiring legislative approval before such actions can be extended beyond 30 days, the bill upholds the principle that restrictions on property must be subject to thorough debate and representative approval, not unilateral fiat.
• Limited Government: The bill promotes the principle of Limited Government by imposing procedural checks on the governor’s authority and redistributing emergency powers to the legislature, thereby preventing unilateral executive actions from being prolonged indefinitely. The requirement for legislative authorization after 30 days of a declared disaster ensures broader public accountability and legislative deliberation, which is essential to maintaining constitutional balance.

• SJR 40 (Enabling for)