BILL ANALYSIS



C.S.H.B. 158
By: Kamel
04-20-95
Committee Report (Substituted)


BACKGROUND

The Civil Air Patrol (CAP) is a nationwide organization that
provides emergency services resources and a national network of
radio communications.  The CAP assists in lost aircraft incidents,
natural disasters, hazardous materials spills, radiological
accidents, missing persons, and any non-law enforcement situation
that can benefit from experienced airborne assets.  In addition CAP
has been heavily utilized in recent years to help patrol the Texas-Mexico border to locate clandestine landing strips, marijuana
patches and drug labs.

In Texas there are some 2500 trained members and 26 specially
equipped search and rescue aircraft supplemented by dozens of
member-owned or rented planes.

Federal agencies (Air Force Rescue Coordination Center, DEA,
Customs, and US Forest Service) reimburse CAP and its members for
"out-of-pocket" expenses when a mission is requested by them.  Most
assistance at the local level is funded from CAP members or local
donors.

The CAP capabilities are vital in that they provide air and ground
assistance at a fraction of the cost of state helicopters or fixed-wing planes, are strategically located in all areas of the state,
and free state resources for other tasks for which they are more
suited.

In recent years the costs of aircraft maintenance, training
flights, and operating expenses have exceeded CAP's ability to fund
them.  CAP has raised donation levels for its members to the point
that they are now experiencing a slow but accelerating decline in
volunteers attributed on part to the financial sacrifice needed.

In 1991, 40 other states recognized the value of the Civil Air
Patrol to the public by providing limited assistance.  The Texas
Wing has not received any state funding.

PURPOSE

House Bill 158 authorizes the Division of Emergency Management to
provide assistance to the Texas Wing of the Civil Air Patrol.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 418, Government Code, by
adding Section 418.0461 which provides authorization for the
Division of Emergency Management to provide financial assistance to
the Texas Wing of the Civil Air Patrol in support for the Wing's
disaster-related activities, associated training and exercises, and
in aid to the state and state agencies.

SECTION 2.  Emergency clause.




COMPARISON OF ORIGINAL TO SUBSTITUTE

In Section 1, line 9, the word "shall" is changed to "may."  In the
same section, on line 11, after the words "state agencies," the
words, "and the wing's training and exercises associated with those
activities," are inserted.

SUMMARY OF COMMITTEE ACTION

H.B. 158 was considered by the Committee on Public Safety in a
public hearing on March 28, 1995.  The committee considered a
complete substitute for the bill.  The substitute was adopted
without objection.  

The following person testified in favor of the bill:
     Joe Negron, representing the Civil Air Patrol of Texas.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.