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Greg Abbott

Business licensing statute that closely tracked Arizona Legal Workers Act would be upheld if Fifth Circuit Court of Appeals adopted reasoning of Ninth Circuit Court of Appeals

Ken Paxton

Pursuant to section 418.108 of the Government Code, a county judge may declare a local state of disaster.  Local disaster powers of a county are limited by any existing state law, including any executive orders or proclamations issued by the Governor. 

The county judge may terminate a local disaster declaration at any time, and the commissioners court may prevent the extension of the declaration beyond seven days or revoke consent for its continuation thereafter.

A county judge lacks authority to declare a new disaster for the same underlying circumstances without the consent of the commissioners court following the first seven-day period. 

A surge of individuals crossing the border into the county could and has created circumstances warranting emergency action and a local disaster declaration.

A county judge lacks authority to pay bills incurred by the county out of the contingent and uncommitted fund without the commissioners court’s approval.