By Gray, Lewis of Tarrant H.B. No. 101 75R619 DLF-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the adoption of the Emergency Management Assistance 1-3 Compact. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is 1-6 amended by adding Chapter 778 to read as follows: 1-7 CHAPTER 778. EMERGENCY MANAGEMENT ASSISTANCE 1-8 COMPACT 1-9 Sec. 778.001. EXECUTION OF INTERSTATE COMPACT. This state 1-10 enacts the Emergency Management Assistance Compact and enters into 1-11 the compact with all other states legally joining in the compact in 1-12 substantially the following form: 1-13 EMERGENCY MANAGEMENT ASSISTANCE COMPACT 1-14 ARTICLE I - PURPOSE AND AUTHORITIES 1-15 This compact is made and entered into by and between the 1-16 participating member states which enact this compact, hereinafter 1-17 called party states. For the purposes of this agreement, the term 1-18 "states" is taken to mean the several states, the Commonwealth of 1-19 Puerto Rico, the District of Columbia, and all U.S. territorial 1-20 possessions. 1-21 The purpose of this compact is to provide for mutual 1-22 assistance between the states entering into this compact in 1-23 managing any emergency or disaster that is duly declared by the 1-24 governor of the affected state(s), whether arising from natural 2-1 disaster, technological hazard, man-made disaster, civil emergency 2-2 aspects of resources shortages, community disorders, insurgency, or 2-3 enemy attack. 2-4 This compact shall also provide for mutual cooperation in 2-5 emergency-related exercises, testing, or other training activities 2-6 using equipment and personnel simulating performance of any aspect 2-7 of the giving and receiving of aid by party states or subdivisions 2-8 of party states during emergencies, such actions occurring outside 2-9 actual declared emergency periods. Mutual assistance in this 2-10 compact may include the use of the states' National Guard forces, 2-11 either in accordance with the National Guard Mutual Assistance 2-12 Compact or by mutual agreement between states. 2-13 ARTICLE II - GENERAL IMPLEMENTATION 2-14 Each party state entering into this compact recognizes many 2-15 emergencies transcend political jurisdictional boundaries and that 2-16 intergovernmental coordination is essential in managing these and 2-17 other emergencies under this compact. Each state further 2-18 recognizes that there will be emergencies which require immediate 2-19 access and present procedures to apply outside resources to make a 2-20 prompt and effective response to such an emergency. This is 2-21 because few, if any, individual states have all the resources they 2-22 may need in all types of emergencies or the capability of 2-23 delivering resources to areas where emergencies exist. 2-24 The prompt, full, and effective utilization of resources of 2-25 the participating states, including any resources on hand or 2-26 available from the Federal Government or any other source, that are 2-27 essential to the safety, care, and welfare of the people in the 3-1 event of any emergency or disaster declared by a party state, shall 3-2 be the underlying principle on which all articles of this compact 3-3 shall be understood. 3-4 On behalf of the governor of each state participating in the 3-5 compact, the legally designated state official who is assigned 3-6 responsibility for emergency management will be responsible for 3-7 formulation of the appropriate interstate mutual aid plans and 3-8 procedures necessary to implement this compact. 3-9 ARTICLE III - PARTY STATE RESPONSIBILITIES 3-10 A. It shall be the responsibility of each party state to 3-11 formulate procedural plans and programs for interstate cooperation 3-12 in the performance of the responsibilities listed in this article. 3-13 In formulating such plans, and in carrying them out, the party 3-14 states, insofar as practical, shall: 3-15 i. Review individual state hazards analyses and, to 3-16 the extent reasonably possible, determine all 3-17 those potential emergencies the party states 3-18 might jointly suffer, whether due to natural 3-19 disaster, technological hazard, man-made 3-20 disaster, emergency aspects of resource 3-21 shortages, civil disorders, insurgency, or enemy 3-22 attack. 3-23 ii. Review party states' individual emergency plans 3-24 and develop a plan which will determine the 3-25 mechanism for the interstate management and 3-26 provision of assistance concerning any potential 3-27 emergency. 4-1 iii. Develop interstate procedures to fill any 4-2 identified gaps and to resolve any identified 4-3 inconsistencies or overlaps in existing or 4-4 developed plans. 4-5 iv. Assist in warning communities adjacent to or 4-6 crossing the state boundaries. 4-7 v. Protect and assure uninterrupted delivery of 4-8 services, medicines, water, food, energy and 4-9 fuel, search and rescue, and critical lifeline 4-10 equipment, services, and resources, both human 4-11 and material. 4-12 vi. Inventory and set procedures for the interstate 4-13 loan and delivery of human and material 4-14 resources, together with procedures for 4-15 reimbursement or forgiveness. 4-16 vii. Provide, to the extent authorized by law, for 4-17 temporary suspension of any statutes or 4-18 ordinances that restrict the implementation of 4-19 the above responsibilities. 4-20 B. The authorized representative of a party state may 4-21 request assistance of another party state by contacting the 4-22 authorized representative of that state. The provisions of this 4-23 agreement shall only apply to requests for assistance made by and 4-24 to authorized representatives. Requests may be verbal or in 4-25 writing. If verbal, the request shall be confirmed in writing 4-26 within 30 days of the verbal request. Requests shall provide the 4-27 following information: 5-1 i. A description of the emergency service function 5-2 for which assistance is needed, such as but not 5-3 limited to fire services, law enforcement, 5-4 emergency medical, transportation, 5-5 communications, public works and engineering, 5-6 building inspection, planning and information 5-7 assistance, mass care, resource support, health 5-8 and medical services, and search and rescue. 5-9 ii. The amount and type of personnel, equipment, 5-10 materials and supplies needed, and a reasonable 5-11 estimate of the length of time they will be 5-12 needed. 5-13 iii. The specific place and time for staging of the 5-14 assisting party's response and a point of 5-15 contact at that location. 5-16 C. There shall be frequent consultation between state 5-17 officials who have assigned emergency management responsibilities 5-18 and other appropriate representatives of the party states with 5-19 affected jurisdictions and the United States Government, with free 5-20 exchange of information, plans, and resource records relating to 5-21 emergency capabilities. 5-22 ARTICLE IV - LIMITATIONS 5-23 Any party state requested to render mutual aid or conduct 5-24 exercises and training for mutual aid shall take such action as is 5-25 necessary to provide and make available the resources covered by 5-26 this compact in accordance with the terms hereof; provided that it 5-27 is understood that the state rendering aid may withhold resources 6-1 to the extent necessary to provide reasonable protection for such 6-2 state. Each party state shall afford to the emergency forces of 6-3 any party state, while operating within its state limits under the 6-4 terms and conditions of this compact, the same powers (except that 6-5 of arrest unless specifically authorized by the receiving state), 6-6 duties, rights, and privileges as are afforded forces of the state 6-7 in which they are performing emergency services. Emergency forces 6-8 will continue under the command and control of their regular 6-9 leaders, but the organizational units will come under the 6-10 operational control of the emergency services authorities of the 6-11 state receiving assistance. These conditions may be activated, as 6-12 needed, only subsequent to a declaration of a state of emergency or 6-13 disaster by the governor of the party state that is to receive 6-14 assistance or commencement of exercises or training for mutual aid 6-15 and shall continue so long as the exercises or training for mutual 6-16 aid are in progress, the state of emergency or disaster remains in 6-17 effect or loaned resources remain in the receiving state(s), 6-18 whichever is longer. 6-19 ARTICLE V - LICENSES AND PERMITS 6-20 Whenever any person holds a license, certificate, or other 6-21 permit issued by any state party to the compact evidencing the 6-22 meeting of qualifications for professional, mechanical, or other 6-23 skills, and when such assistance is requested by the receiving 6-24 party state, such person shall be deemed licensed, certified, or 6-25 permitted by the state requesting assistance to render aid 6-26 involving such skill to meet a declared emergency or disaster, 6-27 subject to such limitations and conditions as the governor of the 7-1 requesting state may prescribe by executive order or otherwise. 7-2 ARTICLE VI - LIABILITY 7-3 Officers or employees of a party state rendering aid in 7-4 another state pursuant to this compact shall be considered agents 7-5 of the requesting state for tort liability and immunity purposes; 7-6 and no party state or its officers or employees rendering aid in 7-7 another state pursuant to this compact shall be liable on account 7-8 of any act or omission in good faith on the part of such forces 7-9 while so engaged or on account of the maintenance or use of any 7-10 equipment or supplies in connection therewith. Good faith in this 7-11 article shall not include willful misconduct, gross negligence, or 7-12 recklessness. 7-13 ARTICLE VII - SUPPLEMENTARY AGREEMENTS 7-14 Inasmuch as it is probable that the pattern and detail of the 7-15 machinery for mutual aid among two or more states may differ from 7-16 that among the states that are party hereto, this instrument 7-17 contains elements of a broad base common to all states, and nothing 7-18 herein contained shall preclude any state from entering into 7-19 supplementary agreements with another state or affect any other 7-20 agreements already in force between states. Supplementary 7-21 agreements may comprehend, but shall not be limited to, provisions 7-22 for evacuation and reception of injured and other persons and the 7-23 exchange of medical, fire, police, public utility, reconnaissance, 7-24 welfare, transportation and communications personnel, and equipment 7-25 and supplies. 7-26 ARTICLE VIII - COMPENSATION 7-27 Each party state shall provide for the payment of 8-1 compensation and death benefits to injured members of the emergency 8-2 forces of that state and representatives of deceased members of 8-3 such forces in case such members sustain injuries or are killed 8-4 while rendering aid pursuant to this compact, in the same manner 8-5 and on the same terms as if the injury or death were sustained 8-6 within their own state. 8-7 ARTICLE IX - REIMBURSEMENT 8-8 Any party state rendering aid in another state pursuant to 8-9 this compact shall be reimbursed by the party state receiving such 8-10 aid for any loss or damage to or expense incurred in the operation 8-11 of any equipment and the provision of any service in answering a 8-12 request for aid and for the costs incurred in connection with such 8-13 requests; provided, that any aiding party state may assume in whole 8-14 or in part such loss, damage, expense, or other cost, or may loan 8-15 such equipment or donate such services to the receiving party state 8-16 without charge or cost; and provided further, that any two or more 8-17 party states may enter into supplementary agreements establishing a 8-18 different allocation of costs among those states. Article VIII 8-19 expenses shall not be reimbursable under this provision. 8-20 ARTICLE X - EVACUATION 8-21 Plans for the orderly evacuation and interstate reception of 8-22 portions of the civilian population as the result of any emergency 8-23 or disaster of sufficient proportions to so warrant, shall be 8-24 worked out and maintained between the party states and the 8-25 emergency management/services directors of the various 8-26 jurisdictions where any type of incident requiring evacuations 8-27 might occur. Such plans shall be put into effect by request of the 9-1 state from which evacuees come and shall include the manner of 9-2 transporting such evacuees, the number of evacuees to be received 9-3 in different areas, the manner in which food, clothing, housing, 9-4 and medical care will be provided, the registration of the 9-5 evacuees, the providing of facilities for the notification of 9-6 relatives or friends, and the forwarding of such evacuees to other 9-7 areas or the bringing in of additional materials, supplies, and all 9-8 other relevant factors. Such plans shall provide that the party 9-9 state receiving evacuees and the party state from which the 9-10 evacuees come shall mutually agree as to reimbursement of 9-11 out-of-pocket expenses incurred in receiving and caring for such 9-12 evacuees, for expenditures for transportation, food, clothing, 9-13 medicines and medical care, and like items. Such expenditures 9-14 shall be reimbursed as agreed by the party state from which the 9-15 evacuees come. After the termination of the emergency or disaster, 9-16 the party state from which the evacuees come shall assume the 9-17 responsibility for the ultimate support of repatriation of such 9-18 evacuees. 9-19 ARTICLE XI - IMPLEMENTATION 9-20 A. This compact shall become operative immediately upon its 9-21 enactment into law by any two (2) states; thereafter, this compact 9-22 shall become effective as to any other state upon its enactment by 9-23 such state. 9-24 B. Any party state may withdraw from this compact by 9-25 enacting a statute repealing the same, but no such withdrawal shall 9-26 take effect until 30 days after the governor of the withdrawing 9-27 state has given notice in writing of such withdrawal to the 10-1 governors of all other party states. Such action shall not relieve 10-2 the withdrawing state from obligations assumed hereunder prior to 10-3 the effective date of withdrawal. 10-4 C. Duly authenticated copies of this compact and of such 10-5 supplementary agreements as may be entered into shall, at the time 10-6 of their approval, be deposited with each of the party states and 10-7 with the Federal Emergency Management Agency and other appropriate 10-8 agencies of the United States Government. 10-9 ARTICLE XII - VALIDITY 10-10 This compact shall be construed to effectuate the purposes 10-11 stated in Article I hereof. If any provision of this compact is 10-12 declared unconstitutional, or the applicability thereof to any 10-13 person or circumstances is held invalid, the constitutionality of 10-14 the remainder of this compact and the applicability thereof to 10-15 other persons and circumstances shall not be affected thereby. 10-16 ARTICLE XIII - ADDITIONAL PROVISIONS 10-17 Nothing in this compact shall authorize or permit the use of 10-18 military force by the National Guard of a state at any place 10-19 outside that state in any emergency for which the President is 10-20 authorized by law to call into federal service the militia, or for 10-21 any purpose for which the use of the Army or the Air Force would in 10-22 the absence of express statutory authorization be prohibited under 10-23 Section 1385 of Title 18, United States Code. 10-24 SECTION 2. The importance of this legislation and the 10-25 crowded condition of the calendars in both houses create an 10-26 emergency and an imperative public necessity that the 10-27 constitutional rule requiring bills to be read on three several 11-1 days in each house be suspended, and this rule is hereby suspended, 11-2 and that this Act take effect and be in force from and after its 11-3 passage, and it is so enacted.