IMF H.B. 101 75(R)BILL ANALYSIS STATE AFFAIRS H.B. 101 By: Gray 3-12-97 Committee Report (Unamended) BACKGROUND In August 1993, Texas joined eighteen other states by signing the Southern Regional Emergency Management Assistance Compact (SREMAC) at the Southern Governors' Association meeting in Tulsa, Oklahoma. The idea for SREMAC was developed by Florida Governor Lawton Chiles in the aftermath of Hurricane Andrew. On January 31, 1995 the National Governors' Association amended the SREMAC to create the Emergency Management Assistance Compact (EMAC). Several states have already ratified EMAC, and all of the previous members of SREMAC are expected to ratify EMAC by the end of this year. To comply, states may vary legislative language in order to enact the compact, but cannot alter the language of the compact other than the name. This compact was designed to provide mutual assistance between states entering into the compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency related exercises, testing, or other training activities using equipment and personnel to simulate the performance of any aspect of the compact occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. PURPOSE This legislation would amend Subtitle B, Title 9, Health and Safety Code, by adding a chapter entitled the Emergency Management Assistance Compact. Because the legislature has not ratified the compact, this enabling legislation is necessary to ratify the compact. 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 Subtitle B, Title 9, Health and Safety Code, by adding Chapter 778 to read as follows: Section 778.001. Execution of Interstate Compact. States that Texas enacts EMAC in the following form: Emergency Management Assistance Compact Article I specifies the purpose of the compact to provide for mutual assistance between the states in managing any emergency or disaster declared by the governor of the affected state(s). Article II outlines the general implementation of the compact, which will require prompt and full cooperation between states to respond to emergencies greater than each state's individual ability to cope with such situations. Article III promulgates the responsibilities of states to formulate procedure to prepare for interstate cooperation. Each state is instructed to: conduct hazard analyses and determine what types of potential emergencies might occur; review individual emergency plans and determine mechanisms for interstate cooperation (and fill any gaps); assist in warning neighboring communities in other states; develop methods to insure delivery of services, food, water, and fuel, including procedures for reimbursement or forgiveness; and provide for temporary suspension of statutes or ordinances that would restrict implementation of these responsibilities. Requests for assistance must be made by the state's authorized representative and must be confirmed in writing within 30 days. Requests must states what type of assistance is required, quantity and type of resources needed, anticipated period of time for use, and specific time and point of contact. Article IV explains the limitations of a state rendering aid, in that states may withhold resources necessary to provide itself with reasonable protection. Assisting state forces shall have the same rights as receiving forces, but assisting forces shall have their own command and control subject to operational control by the receiving state. Article V establishes the criteria for recognizing licenses, certification, or other permits of individuals participating on behalf of a party state. Article VI addresses the liability concerns between officers or employees of a party state rendering aid to another party state. The requesting state is liable for acts or omissions by assisting forces in good faith. This does not include willful misconduct, gross negligence, or recklessness. Article VII addresses supplementary agreements with provisions for: evacuation and reception of injured and other persons; the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel; and equipment and supplies. Article VIII states that each party state shall provide compensation for injured or deceased members of the emergency forces of that state. Payment shall occur in the same manner as if the injury occurred in the home state. These costs are not reimbursable by the state requesting assistance. Article IX explains that any party state rendering aid to another party state shall be reimbursed by the receiving party state. Rendering states may loan equipment or donate services without cost. Article X states that guidelines for an orderly evacuation shall be created between the party states. Plans shall address reimbursement of assisting state's expenses to care for evacuees. Article XI describes the implementation and termination of the compact. It becomes effective when enacted by two states. A state can withdraw by repealing the law enacting the compact, but does not relieve a state of outstanding obligations under the compact. Article XII validates the provisions of the compact. Article XIII states that nothing in the compact shall authorize or permit the use of military force by the National Guard of Texas in any emergency outside Texas for which the President is authorized to call the National Guard into federal service. SECTION 2. Emergency Clause. Effective date: upon passage.