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.