By Gray H.B. No. 100
75R331 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to adoption of an interstate emergency relief compact.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
1-5 amended by adding Chapter 779 to read as follows:
1-6 CHAPTER 779. INTERSTATE EMERGENCY RELIEF COMPACT
1-7 Sec. 779.001. EXECUTION OF INTERSTATE COMPACT. This state
1-8 enacts an interstate compact relating to deployment of National
1-9 Guard forces for emergency relief and enters into the compact with
1-10 all other states legally joining in the compact in substantially
1-11 the following form:
1-12 Sec. 779.002. PURPOSES. The purposes of this compact are
1-13 to:
1-14 (1) Provide for mutual aid among the party states in the
1-15 utilization of the National Guard to cope with emergencies.
1-16 (2) Permit and encourage a high degree of flexibility in the
1-17 deployment of National Guard forces in the interest of efficiency.
1-18 (3) Maximize the effectiveness of the National Guard in
1-19 those situations which call for its utilization under this compact.
1-20 (4) Provide protection for the rights of National Guard
1-21 personnel when serving in other states on emergency duty.
1-22 Sec. 779.003. ENTRY INTO FORCE AND WITHDRAWAL. (1) This
1-23 compact shall enter into force when enacted into law by any two
1-24 states. Thereafter, this compact shall become effective as to any
2-1 other state upon its enactment thereof.
2-2 (2) Any party state may withdraw from this compact by
2-3 enacting a statute repealing the same, but no such withdrawal shall
2-4 take effect until 1 year after the Governor of the withdrawing
2-5 state has given notice in writing of such withdrawal to the
2-6 Governors of all other party states.
2-7 Sec. 779.004. DEFINITIONS; MUTUAL AID. (1) As used in this
2-8 compact:
2-9 (a) "Emergency" means an occurrence or condition,
2-10 temporary in nature, in which police and other public safety
2-11 officials and locally available National Guard forces are, or may
2-12 reasonably be expected to be, unable to cope with substantial and
2-13 imminent danger to the public safety.
2-14 (b) "Requesting state" means the state whose Governor
2-15 requests assistance in coping with an emergency.
2-16 (c) "Responding state" means the state furnishing aid
2-17 or requested to furnish aid.
2-18 (2) Upon request of the Governor of a party state for
2-19 assistance in an emergency, the Governor of a responding state
2-20 shall have authority under this compact to send without the borders
2-21 of his or her state and place under the temporary command of the
2-22 appropriate National Guard or other military authorities of the
2-23 requesting state all or any part of the National Guard forces of
2-24 his or her state as he or she may deem necessary, and the exercise
2-25 of the Governor's discretion in this regard shall be conclusive.
2-26 (3) The Governor of a party state may withhold the National
2-27 Guard forces of his or her state from such use and recall any
3-1 forces or part or member thereof previously deployed in a
3-2 requesting state.
3-3 (4) Whenever National Guard forces of any party state are
3-4 engaged in another state in carrying out the purposes of this
3-5 compact, the members thereof so engaged shall have the same powers,
3-6 duties, rights, privileges, and immunities as members of National
3-7 Guard forces in such other state. The requesting state shall hold
3-8 members of the National Guard forces of the responding states
3-9 harmless from civil liability for acts or omissions in good faith
3-10 which occur in the performance of their duty while engaged in
3-11 carrying out the purposes of this compact, whether the responding
3-12 forces are serving the requesting state within its borders or are
3-13 in transit to or from such service.
3-14 (5) Subject to the provisions of subsections (6), (7), and
3-15 (8), all liability that may arise under the laws of the requesting
3-16 state, the responding state, or a third state on account of or in
3-17 connection with a request for aid, shall be assumed and borne by
3-18 the requesting state.
3-19 (6) Any responding state rendering aid pursuant to this
3-20 compact shall be reimbursed by the requesting state for any loss or
3-21 damage to, or expense incurred in the operation of any equipment
3-22 answering a request for aid, and for the cost of materials,
3-23 transportation, and maintenance of National Guard personnel and
3-24 equipment incurred in connection with such request, provided that
3-25 nothing herein contained shall prevent any responding state from
3-26 assuming such loss, damage, expense, or other cost.
3-27 (7) Each party state shall provide, in the same amounts and
4-1 manner as if they were on duty within their state, for the pay and
4-2 allowances of the personnel of its National Guard units while
4-3 engaged without the state pursuant to this compact and while going
4-4 to and returning from such duty pursuant to this compact. Such pay
4-5 and allowances shall be deemed items of expense reimbursable under
4-6 subsection (6) by the requesting state.
4-7 (8) Each party state providing for the payment of
4-8 compensation and death benefits to injured members and the
4-9 representatives of deceased members of its National Guard forces in
4-10 case such members sustain injuries or are killed within their own
4-11 state shall provide for the payment of compensation and death
4-12 benefits in the same manner and on the same terms in case such
4-13 members sustain injury or are killed while rendering aid pursuant
4-14 to this compact. Such compensation and death benefits shall be
4-15 deemed items of expense reimbursable pursuant to subsection (6).
4-16 Sec. 779.005. DELEGATION. Nothing in this compact shall be
4-17 construed to prevent the Governor of a party state from delegating
4-18 any of his or her responsibilities or authority respecting the
4-19 National Guard, provided that such delegation is otherwise in
4-20 accordance with law. For purposes of this compact, however, the
4-21 Governor shall not delegate the power to request assistance from
4-22 another state.
4-23 Sec. 779.006. LIMITATIONS. Nothing in this compact shall:
4-24 (1) Expand or add to the functions of the National Guard,
4-25 except with respect to the jurisdictions within which such
4-26 functions may be performed.
4-27 (2) Authorize or permit National Guard units to be placed
5-1 under the field command of any person not having the military or
5-2 National Guard rank or status required by law for the field command
5-3 position in question.
5-4 (3) Authorize or permit the use of military force by the
5-5 National Guard of the State of Texas at any place outside Texas
5-6 except in an emergency for which the President is authorized by law
5-7 to call into federal service the militia, or for any purpose for
5-8 which the use of the Army or the Air Force would in the absence of
5-9 express statutory authorization be prohibited under Sec. 1385 of
5-10 Title 18 of the United States Code. When requested to render
5-11 mutual aid or exercises and training for mutual aid, the National
5-12 Guard shall take such action as is necessary to provide and make
5-13 available the resources covered by this compact in accordance with
5-14 the terms thereof; provided that it is understood that the National
5-15 Guard when rendering aid may withhold resources to the extent
5-16 necessary to provide reasonable protection for the state. The
5-17 National Guard shall afford to the emergency forces of any other
5-18 member state, while operating within its state limits under the
5-19 terms and conditions of this compact, the same powers (except those
5-20 of arrest), duties, rights, and privileges as are afforded forces
5-21 of the state in which they are performing emergency services.
5-22 Emergency forces will continue under the command and control of the
5-23 National Guard regular leaders, but the organizational units will
5-24 come under the operations control of the emergency services
5-25 authorities of the state receiving assistance. Under no
5-26 circumstances will the assisting member states use force within the
5-27 boundaries of the other states without express federal authority.
6-1 The assisting member states may assist in the support of a state
6-2 using authorized police powers within its own boundaries but will
6-3 not participate as part of the state police force without express
6-4 federal authority. The assisting member state shall not be used to
6-5 suppress riots or tumults or provide direct support to these
6-6 activities without federal authority.
6-7 Sec. 779.007. CONSTRUCTION AND SEVERABILITY. This compact
6-8 shall be liberally construed so as to effectuate the purposes
6-9 thereof. The provisions of this compact shall be severable, and if
6-10 any phrase, clause, sentence, or provision of this compact is
6-11 declared to be contrary to the constitution of any state or of the
6-12 United States or the applicability thereof to any government,
6-13 agency, person, or circumstance is held invalid, the validity of
6-14 the remainder of this compact and the applicability thereof to any
6-15 government, agency, person, or circumstance shall not be affected
6-16 thereby. If this compact shall be held contrary to the
6-17 constitution of any state participating herein, the compact shall
6-18 remain in full force and effect as to the remaining party states
6-19 and in full force and effect as to the state affected as to all
6-20 severable matters.
6-21 Sec. 779.008. PAYMENT OF LIABILITY TO RESPONDING STATE.
6-22 Upon presentation of a claim therefor by an appropriate authority
6-23 of a state whose National Guard forces have aided this state
6-24 pursuant to the compact, any liability of this state pursuant to
6-25 this compact shall be paid out of the General Revenue Fund.
6-26 Sec. 779.009. STATUS, RIGHTS, AND BENEFITS OF FORCES ENGAGED
6-27 PURSUANT TO COMPACT. In accordance with this compact, members of
7-1 the National Guard forces of this state shall be deemed to be in
7-2 state service at all times when engaged pursuant to this compact,
7-3 and shall be entitled to all rights and benefits provided pursuant
7-4 to the laws of this state.
7-5 Sec. 779.010. INJURY OR DEATH WHILE GOING TO OR RETURNING
7-6 FROM DUTY. All benefits to be paid under the foregoing compact
7-7 shall include any injury or death sustained while going to or
7-8 returning from such duty.
7-9 Sec. 779.011. AUTHORITY OF RESPONDING STATE REQUIRED TO
7-10 RELIEVE FROM ASSIGNMENT OR REASSIGN OFFICERS. Nothing in the
7-11 foregoing compact shall authorize or permit state officials or
7-12 military officers of the requesting state to relieve from
7-13 assignment or reassign officers or noncommissioned officers of
7-14 National Guard units of the responding state without authorization
7-15 by the appropriate authorities of the responding state.
7-16 SECTION 2. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended,
7-21 and that this Act take effect and be in force from and after its
7-22 passage, and it is so enacted.