Enrolled Bill Summary

House Bill 1831	House Author:  Corte, Frank et al.
Effective:  See below	Senate Sponsor:  Carona

            House Bill 1831 amends provisions of the Education Code, Government Code, Health and Safety Code, Labor Code, Transportation Code, and Utilities Code relating to disaster preparedness, emergency management, and vehicles used in emergencies. Article 1 adds extreme heat to the definition of "disaster" and requires the division of emergency management in the office of the governor to develop an annex to the state emergency management plan that addresses initial response planning for providing essential population support supplies, equipment, and services, including water and wastewater services, during the first five days immediately following a disaster and to develop a phased reentry plan for evacuated areas. The article establishes a communications coordination group, composed of representatives from governmental and private entities, to facilitate interagency coordination and collaboration during an emergency. The article authorizes a county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster to compel persons who remain in the evacuated area to leave and to authorize the use of reasonable force to remove them and provides that a person who is rescued is civilly liable for the costs of rescue efforts under certain circumstances. The division is authorized to establish a cadre of disaster reservists with specialized skills in disaster recovery, hazard mitigation, community outreach, and public information to temporarily augment its permanent staff in the aftermath of a disaster or major emergency.  The Department of State Health Services (DSHS) is required to establish a program to educate Texas citizens on disaster and emergency preparedness, response, and recovery. The Texas Department of Agriculture, Texas Animal Health Commission, and DSHS are required to prepare annexes to the state emergency management plan related to their respective jurisdictions.  The article suspends the required waiting period for unemployment benefits for a person unemployed because of a disaster, expands the definitions of "authorized emergency vehicle" and "police vehicle," and abolishes the disaster emergency funding board.

            Article 2 authorizes an entity responsible for a critical governmental facility to equip the facility with a combined heating and power system if the expected energy savings exceed the expected costs of the system. The article authorizes the Public Utility Commission of Texas (PUC) to require certain entities to sell electricity to an electric utility, municipally owned utility, or electric cooperative that is unable to supply power to meet customer demand due to a natural disaster or other emergency. The article sets out provisions on infrastructure improvement and maintenance reports required to be submitted to the PUC.

            Article 3 requires DSHS to establish a temporary public health extension service pilot program in Health Service Region 11 to support local public health and medical infrastructure, to promote disease control and medical preparedness, and to enhance biosecurity. The article requires the Texas Funeral Service Commission to ensure that a casket contains identification of the deceased person in the casket and enacts a prepaid 9-1-1 emergency service fee of two percent of the purchase price of each prepaid wireless telecommunications service.

            Article 4 authorizes a state employee who is emergency services personnel not subject to the overtime provisions of the federal Fair Labor Standards Act of 1938 nor an employee of the legislature to take compensatory time off during the 18-month period following the end of the workweek in which the compensatory time was accrued and allows an agency to pay overtime for compensatory time earned during a declared disaster.

            Article 5 amends the Government Code, effective June 19, 2009, to authorize the Texas Supreme Court to modify or suspend procedures for the conduct of any court proceeding affected by a disaster during the pendency of a disaster declared by the governor.  The article sets forth alternate authority if the supreme court cannot act.

            Article 6 requires each public junior college district, general academic teaching institution, medical and dental unit, and agency of higher education, in addition to each school district, to adopt and implement a multihazard emergency operations plan.  The article requires the Texas School Safety Center to establish a registry of persons providing school safety or security consulting services in Texas, and requires such persons to register with the center.  The article requires the center to research best practices regarding emergency preparedness of public junior colleges and to serve as a clearinghouse for that information.  The article establishes the University of Houston Hurricane Center for Innovative Technology at the University of Houston to promote the development of technologies designed to mitigate the damages caused by hurricanes in the Gulf Coast region and to develop recovery protocols for the public and private sectors following a hurricane.

            Except as otherwise provided, the bill takes effect September 1, 2009.