JWW H.B. 3074 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 3074
By: Gray
4-16-97
Committee Report (Unamended)



BACKGROUND 

The Texas Disaster Act of 1975 was approved in 1975.  Since that time
there have been numerous terminology changes as well as procedural
modifications.  These revisions need to be addressed in a current version
of the law. 

PURPOSE

This legislation would clarify and update provisions of the Texas Disaster
Act of 1975. 

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 Sections 418.002 and 418.003, Government Code are amended to
replace the   word "prevention" with "mitigation." 

SECTION 2 Amends Section 418.004(7) by replacing "[Federal Disaster Relief
Act of 1974   (42 U.S.C. 5121 et seq.)]" with "Robert T. Stafford Disaster
Relief and     Emergency Assistance Act, Pub. L.  No. 93-288, as amended." 

SECTION 3 Amends Section 418.013(a), Government Code, by removing
"emergency   services, energy emergencies, and disaster" and adding
"mitigation, response,   and." 

SECTION 4 Amends Section 418.023, Government Code, as follows:

  (a) adds "acting through members of the Emergency Management Council,".

  (c) adds "or member of the Emergency Management Council".  In addition,
(c)   adds that the Governor , through the Emergency Management Council,
may   remove wreckage or debris from property, both private and public.
Removal of   debris may be done without authorization or indemnification.  

SECTION 5 Amends Section 418.043, Government Code, as follows:

  (5) replaces "provide for" with " coordinate deployment of."

  (6) replaces "disaster" with "emergency management."

  (9)(12) replaces "prevention" with "mitigation."

SECTION 6 Amends Section 418.044(a), Government Code, by replacing
"disaster" with   "emergency management." 

 SECTION 7 The Emergency Management Council may contract with temporary
personnel, and those temporary personnel are not subject to the merit
system. 

SECTION 8 Amends Section 418.072(3) by replacing "chairman of the State
Board of     Insurance" with "commissioner of insurance." 

SECTION 9 Amends Section 418.101(b), Government Code by adding to the end
of (b), "The   person so designated shall accomplish training prescribed
by the division." 

SECTION 10 Section 418.102.  Renames Subsection (a) and adds Subsection
(b) which states   that county emergency programs are the first course of
action for municipal   entities requesting assistance.  Requests exceeding
county capacity will be   forwarded to the state according to the state
emergency management plan. 

  Section  418.104 replaces "prevention" with "mitigation."

  Section 418.105(a)  replaces "prevention" with "mitigation."

  (b)  adds the language "mitigation," replaces "or"with "and", and
replaces     "services" with "activities." 

SECTION 11 Amends Section 418.106, Government Code, as follows:

  (a) removes "and rehabilitation" and adds "mitigation" and "and."

  (c) replaces "disaster" with "emergency management."

SECTION 12 Amends the heading of SUBCHAPTER F, Chapter 418, Government
Code, by   replacing "PREVENTION" with "MITIGATION." 

SECTION 13 Amends Section 418.121, Government Code, as follows:

  (a)(b) replaces "prevention" with "mitigation."

  (c) replaces "for the prevention or reduction of" with "to mitigate."

SECTION 14 Emergency Clause.