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.