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. 5-7 * * * * *