1-1     By:  Gray, Lewis of Tarrant                            H.B. No. 101

 1-2          (Senate Sponsor - Armbrister)

 1-3           (In the Senate - Received from the House March 26, 1997;

 1-4     April 2, 1997, read first time and referred to Committee on State

 1-5     Affairs; April 29, 1997, reported favorably by the following vote:

 1-6     Yeas 10, Nays 0; April 29, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the adoption of the Emergency Management Assistance

1-10     Compact.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is

1-13     amended by adding Chapter 778 to read as follows:

1-14                CHAPTER 778.  EMERGENCY MANAGEMENT ASSISTANCE

1-15                                   COMPACT

1-16           Sec. 778.001.  EXECUTION OF INTERSTATE COMPACT.  This state

1-17     enacts the Emergency Management Assistance Compact and enters into

1-18     the compact with all other states legally joining in the compact in

1-19     substantially the following form:

1-20                   EMERGENCY MANAGEMENT ASSISTANCE COMPACT

1-21                     ARTICLE I - PURPOSE AND AUTHORITIES

1-22           This compact is made and entered into by and between the

1-23     participating member states which enact this compact, hereinafter

1-24     called party states.  For the purposes of this agreement, the term

1-25     "states" is taken to mean the several states, the Commonwealth of

1-26     Puerto Rico, the District of Columbia, and all U.S.  territorial

1-27     possessions.

1-28           The purpose of this compact is to provide for mutual

1-29     assistance between the states entering into this compact in

1-30     managing any emergency or disaster that is duly declared by the

1-31     governor of the affected state(s), whether arising from natural

1-32     disaster, technological hazard, man-made disaster, civil emergency

1-33     aspects of resources shortages, community disorders, insurgency, or

1-34     enemy attack.

1-35           This compact shall also provide for mutual cooperation in

1-36     emergency-related exercises, testing, or other training activities

1-37     using equipment and personnel simulating performance of any aspect

1-38     of the giving and receiving of aid by party states or subdivisions

1-39     of party states during emergencies, such actions occurring outside

1-40     actual declared emergency periods.  Mutual assistance in this

1-41     compact may include the use of the states' National Guard forces,

1-42     either in accordance with the National Guard Mutual Assistance

1-43     Compact or by mutual agreement between states.

1-44                     ARTICLE II - GENERAL IMPLEMENTATION

1-45           Each party state entering into this compact recognizes many

1-46     emergencies transcend political jurisdictional boundaries and that

1-47     intergovernmental coordination is essential in managing these and

1-48     other emergencies under this compact.  Each state further

1-49     recognizes that there will be emergencies which require immediate

1-50     access and present procedures to apply outside resources to make a

1-51     prompt and effective response to such an emergency.  This is

1-52     because few, if any, individual states have all the resources they

1-53     may need in all types of emergencies or the capability of

1-54     delivering resources to areas where emergencies exist.

1-55           The prompt, full, and effective utilization of resources of

1-56     the participating states, including any resources on hand or

1-57     available from the Federal Government or any other source, that are

1-58     essential to the safety, care, and welfare of the people in the

1-59     event of any emergency or disaster declared by a party state, shall

1-60     be the underlying principle on which all articles of this compact

1-61     shall be understood.

1-62           On behalf of the governor of each state participating in the

1-63     compact, the legally designated state official who is assigned

1-64     responsibility for emergency management will be responsible for

 2-1     formulation of the appropriate interstate mutual aid plans and

 2-2     procedures necessary to implement this compact.

 2-3                 ARTICLE III - PARTY STATE RESPONSIBILITIES

 2-4           A.  It shall be the responsibility of each party state to

 2-5     formulate procedural plans and programs for interstate cooperation

 2-6     in the performance of the responsibilities listed in this article.

 2-7     In formulating such plans, and in carrying them out, the party

 2-8     states, insofar as practical, shall:

 2-9                 i.     Review individual state hazards analyses and, to

2-10                        the extent reasonably possible, determine all

2-11                        those potential emergencies the party states

2-12                        might jointly suffer, whether due to natural

2-13                        disaster, technological hazard, man-made

2-14                        disaster, emergency aspects of resource

2-15                        shortages, civil disorders, insurgency, or enemy

2-16                        attack.

2-17                 ii.    Review party states' individual emergency plans

2-18                        and develop a plan which will determine the

2-19                        mechanism for the interstate management and

2-20                        provision of assistance concerning any potential

2-21                        emergency.

2-22                 iii.   Develop interstate procedures to fill any

2-23                        identified gaps and to resolve any identified

2-24                        inconsistencies or overlaps in existing or

2-25                        developed plans.

2-26                 iv.    Assist in warning communities adjacent to or

2-27                        crossing the state boundaries.

2-28                 v.     Protect and assure uninterrupted delivery of

2-29                        services, medicines, water, food, energy and

2-30                        fuel, search and rescue, and critical lifeline

2-31                        equipment, services, and resources, both human

2-32                        and material.

2-33                 vi.    Inventory and set procedures for the interstate

2-34                        loan and delivery of human and material

2-35                        resources, together with procedures for

2-36                        reimbursement or forgiveness.

2-37                 vii.   Provide, to the extent authorized by law, for

2-38                        temporary suspension of any statutes or

2-39                        ordinances that restrict the implementation of

2-40                        the above responsibilities.

2-41           B.  The authorized representative of a party state may

2-42     request assistance of another party state by contacting the

2-43     authorized representative of that state.  The provisions of this

2-44     agreement shall only apply to requests for assistance made by and

2-45     to authorized representatives.  Requests may be verbal or in

2-46     writing.  If verbal, the request shall be confirmed in writing

2-47     within 30 days of the verbal request.  Requests shall provide the

2-48     following information:

2-49                 i.     A description of the emergency service function

2-50                        for which assistance is needed, such as but not

2-51                        limited to fire services, law enforcement,

2-52                        emergency medical, transportation,

2-53                        communications, public works and engineering,

2-54                        building inspection, planning and information

2-55                        assistance, mass care, resource support, health

2-56                        and medical services, and search and rescue.

2-57                 ii.    The amount and type of personnel, equipment,

2-58                        materials and supplies needed, and a reasonable

2-59                        estimate of the length of time they will be

2-60                        needed.

2-61                 iii.   The specific place and time for staging of the

2-62                        assisting party's response and a point of

2-63                        contact at that location.

2-64           C.  There shall be frequent consultation between state

2-65     officials who have assigned emergency management responsibilities

2-66     and other appropriate representatives of the party states with

2-67     affected jurisdictions and the United States Government, with free

2-68     exchange of information, plans, and resource records relating to

2-69     emergency capabilities.

 3-1                          ARTICLE IV - LIMITATIONS

 3-2           Any party state requested to render mutual aid or conduct

 3-3     exercises and training for mutual aid shall take such action as is

 3-4     necessary to provide and make available the resources covered by

 3-5     this compact in accordance with the terms hereof; provided that it

 3-6     is understood that the state rendering aid may withhold resources

 3-7     to the extent necessary to provide reasonable protection for such

 3-8     state.  Each party state shall afford to the emergency forces of

 3-9     any party state, while operating within its state limits under the

3-10     terms and conditions of this compact, the same powers (except that

3-11     of arrest unless specifically authorized by the receiving state),

3-12     duties, rights, and privileges as are afforded forces of the state

3-13     in which they are performing emergency services.  Emergency forces

3-14     will continue under the command and control of their regular

3-15     leaders, but the organizational units will come under the

3-16     operational control of the emergency services authorities of the

3-17     state receiving assistance.  These conditions may be activated, as

3-18     needed, only subsequent to a declaration of a state of emergency or

3-19     disaster by the governor of the party state that is to receive

3-20     assistance or commencement of exercises or training for mutual aid

3-21     and shall continue so long as the exercises or training for mutual

3-22     aid are in progress, the state of emergency or disaster remains in

3-23     effect or loaned resources remain in the receiving state(s),

3-24     whichever is longer.

3-25                      ARTICLE V - LICENSES AND PERMITS

3-26           Whenever any person holds a license, certificate, or other

3-27     permit issued by any state party to the compact evidencing the

3-28     meeting of qualifications for professional, mechanical, or other

3-29     skills, and when such assistance is requested by the receiving

3-30     party state, such person shall be deemed licensed, certified, or

3-31     permitted by the state requesting assistance to render aid

3-32     involving such skill to meet a declared emergency or disaster,

3-33     subject to such limitations and conditions as the governor of the

3-34     requesting state may prescribe by executive order or otherwise.

3-35                           ARTICLE VI - LIABILITY

3-36           Officers or employees of a party state rendering aid in

3-37     another state pursuant to this compact shall be considered agents

3-38     of the requesting state for tort liability and immunity purposes;

3-39     and no party state or its officers or employees rendering aid in

3-40     another state pursuant to this compact shall be liable on account

3-41     of any act or omission in good faith on the part of such forces

3-42     while so engaged or on account of the maintenance or use of any

3-43     equipment or supplies in connection therewith.  Good faith in this

3-44     article shall not include willful misconduct, gross negligence, or

3-45     recklessness.

3-46                   ARTICLE VII - SUPPLEMENTARY AGREEMENTS

3-47           Inasmuch as it is probable that the pattern and detail of the

3-48     machinery for mutual aid among two or more states may differ from

3-49     that among the states that are party hereto, this instrument

3-50     contains elements of a broad base common to all states, and nothing

3-51     herein contained shall preclude any state from entering into

3-52     supplementary agreements with another state or affect any other

3-53     agreements already in force between states.  Supplementary

3-54     agreements may comprehend, but shall not be limited to, provisions

3-55     for evacuation and reception of injured and other persons and the

3-56     exchange of medical, fire, police, public utility, reconnaissance,

3-57     welfare, transportation and communications personnel, and equipment

3-58     and supplies.

3-59                         ARTICLE VIII - COMPENSATION

3-60           Each party state shall provide for the payment of

3-61     compensation and death benefits to injured members of the emergency

3-62     forces of that state and representatives of deceased members of

3-63     such forces in case such members sustain injuries or are killed

3-64     while rendering aid pursuant to this compact, in the same manner

3-65     and on the same terms as if the injury or death were sustained

3-66     within their own state.

3-67                         ARTICLE IX - REIMBURSEMENT

3-68           Any party state rendering aid in another state pursuant to

3-69     this compact shall be reimbursed by the party state receiving such

 4-1     aid for any loss or damage to or expense incurred in the operation

 4-2     of any equipment and the provision of any service in answering a

 4-3     request for aid and for the costs incurred in connection with such

 4-4     requests; provided, that any aiding party state may assume in whole

 4-5     or in part such loss, damage, expense, or other cost, or may loan

 4-6     such equipment or donate such services to the receiving party state

 4-7     without charge or cost; and provided further, that any two or more

 4-8     party states may enter into supplementary agreements establishing a

 4-9     different allocation of costs among those states.  Article VIII

4-10     expenses shall not be reimbursable under this provision.

4-11                           ARTICLE X - EVACUATION

4-12           Plans for the orderly evacuation and interstate reception of

4-13     portions of the civilian population as the result of any emergency

4-14     or disaster of sufficient proportions to so warrant, shall be

4-15     worked out and maintained between the party states and the

4-16     emergency management/services directors of the various

4-17     jurisdictions where any type of incident requiring evacuations

4-18     might occur.  Such plans shall be put into effect by request of the

4-19     state from which evacuees come and shall include the manner of

4-20     transporting such evacuees, the number of evacuees to be received

4-21     in different areas, the manner in which food, clothing, housing,

4-22     and medical care will be provided, the registration of the

4-23     evacuees, the providing of facilities for the notification of

4-24     relatives or friends, and the forwarding of such evacuees to other

4-25     areas or the bringing in of additional materials, supplies, and all

4-26     other relevant factors.  Such plans shall provide that the party

4-27     state receiving evacuees and the party state from which the

4-28     evacuees come shall mutually agree as to reimbursement of

4-29     out-of-pocket expenses incurred in receiving and caring for such

4-30     evacuees, for expenditures for transportation, food, clothing,

4-31     medicines and medical care, and like items.  Such expenditures

4-32     shall be reimbursed as agreed by the party state from which the

4-33     evacuees come.  After the termination of the emergency or disaster,

4-34     the party state from which the evacuees come shall assume the

4-35     responsibility for the ultimate support of repatriation of such

4-36     evacuees.

4-37                         ARTICLE XI - IMPLEMENTATION

4-38           A.  This compact shall become operative immediately upon its

4-39     enactment into law by any two (2) states; thereafter, this compact

4-40     shall become effective as to any other state upon its enactment by

4-41     such state.

4-42           B.  Any party state may withdraw from this compact by

4-43     enacting a statute repealing the same, but no such withdrawal shall

4-44     take effect until 30 days after the governor of the withdrawing

4-45     state has given notice in writing of such withdrawal to the

4-46     governors of all other party states.  Such action shall not relieve

4-47     the withdrawing state from obligations assumed hereunder prior to

4-48     the effective date of withdrawal.

4-49           C.  Duly authenticated copies of this compact and of such

4-50     supplementary agreements as may be entered into shall, at the time

4-51     of their approval, be deposited with each of the party states and

4-52     with the Federal Emergency Management Agency and other appropriate

4-53     agencies of the United States Government.

4-54                           ARTICLE XII - VALIDITY

4-55           This compact shall be construed to effectuate the purposes

4-56     stated in Article I hereof.  If any provision of this compact is

4-57     declared unconstitutional, or the applicability thereof to any

4-58     person or circumstances is held invalid, the constitutionality of

4-59     the remainder of this compact and the applicability thereof to

4-60     other persons and circumstances shall not be affected thereby.

4-61                    ARTICLE XIII - ADDITIONAL PROVISIONS

4-62           Nothing in this compact shall authorize or permit the use of

4-63     military force by the National Guard of a state at any place

4-64     outside that state in any emergency for which the President is

4-65     authorized by law to call into federal service the militia, or for

4-66     any purpose for which the use of the Army or the Air Force would in

4-67     the absence of express statutory authorization be prohibited under

4-68     Section 1385 of Title 18, United States Code.

4-69           SECTION 2.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended,

 5-5     and that this Act take effect and be in force from and after its

 5-6     passage, and it is so enacted.

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