SRC-MAX H.B. 3074 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3074
By: Gray (Armbrister)
State Affairs
5-13-97
Engrossed


DIGEST 

The Texas Disaster Act of 1975 was approved in 1975.  Since that time
there have been numerous terminology changes as well as procedural
modifications.  This bill revises and updates the provisions of the Texas
Disaster Act of 1975.   

PURPOSE

As proposed, H.B. 3074 sets forth provisions regarding the mitigation of,
preparedness for, response to, and recovery from disasters. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 418.002, Government Code, as follows:

Sec.  418.002.  PURPOSES.  Provides that the purposes of this chapter are
to authorize and provide for cooperation in disaster mitigation, rather
than prevention, preparedness, response, and recovery.  Makes conforming
changes. 

Sec.  418.003.  LIMITATIONS.  Makes a conforming change.

SECTION 2. Amends Section 418.004(7), Government Code, to redefine
"temporary housing." 

SECTION 3. Amends Section 418.013(a), Government Code, to authorize the
governor by executive order to establish an emergency management council
to advise and assist the governor in all matters relating to disaster
mitigation, preparedness, response, and recover, rather than emergency
services, energy emergencies, and disaster recovery. 

SECTION 4. Amends Sections 418.023(a) and (c), Government Code, to
authorize the governor, acting through members of the Emergency Management
Council, to clear or remove debris or wreckage from public or private land
under certain conditions. Authorizes the governor, acting through the
members of the Emergency Management Council, to remove debris or wreckage
from public or private property without and unconditional authorization or
indemnification under certain conditions. 

SECTION 5. Amends Section 418.043, Government Code, to require the
division of emergency management in the office of the governor (division)
to coordinate deployment of mobile support unit, rather than provide for
mobile support units. and establish and operate training programs and
programs of public information or assist political subdivisions and
emergency management agencies, rather than disaster agencies, to establish
and operate the programs.  Makes conforming changes. 

SECTION 6. Amends Section 418.044(a), Government Code, to make a
conforming change. 

SECTION 7. Amends Section 418.045, Government Code, to authorize the
division to employ or contract with temporary personnel from certain
funds.   
 
SECTION 8. Amends Section 418.072, Government Code, to provide that the
commissioner of insurance, rather than the chairman of the State Board of
Insurance, is a member of the disaster emergency funding board. 

SECTION 9. Amends Section 418.101(b), Government Code, to require the
person designated to head an emergency management program to accomplish
training prescribed by the division. 

SECTION 10. Amends Sections 418.102, 418.104, and 418.105, Government
Code, as follows: 

Sec.  418.102.  COUNTY PROGRAMS.  Requires the county program to be the
first channel though which a municipal corporation shall request
assistance when its resources are exceeded.  Requires requests that exceed
the county capability to be forwarded to the state as prescribed in the
state emergency management plan.   

Sec.  418.104.  INTERJURISDICTIONAL PROGRAMS.  Makes a conforming change.

Sec.  418.105.  LIAISON OFFICERS.  Makes conforming changes. 

SECTION 11. Amends Sections 418.106(a) and (c), Government Code, to make
conforming changes. 

SECTION 12. Amends Chapter 418F, Government Code, as follows:

SUBCHAPTER F.  New heading:  DISASTER MITIGATION

SECTION 13. Amends Section 418.121, Government Code, to make conforming
changes. 

SECTION 14. Emergency clause.
  Effective date:  90 days after adjournment.