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.