By Gray H.B. No. 3074
75R9203 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the mitigation of, preparedness for, response to, and
1-3 recovery from disasters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 418.002 and 418.003, Government Code,
1-6 are amended to read as follows:
1-7 Sec. 418.002. PURPOSES. The purposes of this chapter are
1-8 to:
1-9 (1) reduce vulnerability of people and communities of
1-10 this state to damage, injury, and loss of life and property
1-11 resulting from natural or man-made catastrophes, riots, or hostile
1-12 military or paramilitary action;
1-13 (2) prepare for prompt and efficient rescue, care, and
1-14 treatment of persons victimized or threatened by disaster;
1-15 (3) provide a setting conducive to the rapid and
1-16 orderly restoration and rehabilitation of persons and property
1-17 affected by disasters;
1-18 (4) clarify and strengthen the roles of the governor,
1-19 state agencies, and local governments in prevention of, preparation
1-20 for, response to, and recovery from disasters;
1-21 (5) authorize and provide for cooperation in disaster
1-22 mitigation [prevention], preparedness, response, and recovery;
1-23 (6) authorize and provide for coordination of
1-24 activities relating to disaster mitigation [prevention],
2-1 preparedness, response, and recovery by agencies and officers of
2-2 this state, and similar state-local, interstate, federal-state, and
2-3 foreign activities in which the state and its political
2-4 subdivisions may participate;
2-5 (7) provide an emergency management system embodying
2-6 all aspects of predisaster preparedness and postdisaster response;
2-7 (8) assist in mitigation [prevention] of disasters
2-8 caused or aggravated by inadequate planning for and regulation of
2-9 public and private facilities and land use; and
2-10 (9) provide the authority and mechanism to respond to
2-11 an energy emergency.
2-12 Sec. 418.003. LIMITATIONS. This chapter does not:
2-13 (1) limit the governor's authority to apply for,
2-14 administer, or expend any grant, gift, or payment in aid of
2-15 disaster mitigation [prevention], preparedness, response, or
2-16 recovery;
2-17 (2) interfere with the course or conduct of a labor
2-18 dispute, except that actions otherwise authorized by this chapter
2-19 or other laws may be taken when necessary to forestall or mitigate
2-20 imminent or existing danger to public health or safety;
2-21 (3) interfere with dissemination of news or comment on
2-22 public affairs, but any communications facility or organization,
2-23 including radio and television stations, wire services, and
2-24 newspapers, may be required to transmit or print public service
2-25 messages furnishing information or instructions in connection with
2-26 a disaster or potential disaster;
2-27 (4) affect the jurisdiction or responsibilities of
3-1 police forces, fire-fighting forces, units of the armed forces of
3-2 the United States, or of any of their personnel when on active
3-3 duty, but state, local, and interjurisdictional emergency
3-4 management plans shall place reliance on the forces available for
3-5 performance of functions related to disasters; or
3-6 (5) limit, modify, or abridge the authority of the
3-7 governor to proclaim martial law or exercise any other powers
3-8 vested in the governor under the constitution or laws of this state
3-9 independent of or in conjunction with any provisions of this
3-10 chapter.
3-11 SECTION 2. Section 418.004(7), Government Code, is amended
3-12 to read as follows:
3-13 (7) "Temporary housing" has the meaning assigned by
3-14 the Robert T. Stafford Disaster Relief and Emergency Assistance
3-15 Act, Pub. L. No. 93-288, as amended [Federal Disaster Relief Act
3-16 of 1974 (42 U.S.C. 5121 et seq.)].
3-17 SECTION 3. Section 418.013(a), Government Code, is amended
3-18 to read as follows:
3-19 (a) The governor by executive order may establish an
3-20 emergency management council to advise and assist the governor in
3-21 all matters relating to disaster mitigation, preparedness,
3-22 response, and [emergency services, energy emergencies, and
3-23 disaster] recovery.
3-24 SECTION 4. Sections 418.023(a) and (c), Government Code, are
3-25 amended to read as follows:
3-26 (a) Through the use of any state agency or instrumentality,
3-27 the governor, acting through members of the Emergency Management
4-1 Council, may clear or remove debris or wreckage from public or
4-2 private land or water if it threatens public health or safety or
4-3 public or private property in a state of disaster declared by the
4-4 governor or major disaster declared by the president of the United
4-5 States.
4-6 (c) Debris or wreckage may not be removed from public or
4-7 private property until the affected local government, corporation,
4-8 organization, or individual presents to the governor or member of
4-9 the Emergency Management Council an unconditional authorization for
4-10 removal. Debris or wreckage may not be removed from private
4-11 property until the state is indemnified against any claim arising
4-12 from removal. In instances where it is not practical and further
4-13 delay would create a greater risk to public health or safety, the
4-14 governor, acting through the Emergency Management Council, may
4-15 remove debris or wreckage from public or private property without
4-16 an unconditional authorization or indemnification.
4-17 SECTION 5. Section 418.043, Government Code, is amended to
4-18 read as follows:
4-19 Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
4-20 (1) determine requirements of the state and its
4-21 political subdivisions for food, clothing, and other necessities in
4-22 event of a disaster;
4-23 (2) procure and position supplies, medicines,
4-24 materials, and equipment;
4-25 (3) adopt standards and requirements for local and
4-26 interjurisdictional emergency management plans;
4-27 (4) periodically review local and interjurisdictional
5-1 emergency management plans;
5-2 (5) coordinate deployment of [provide for] mobile
5-3 support units;
5-4 (6) establish and operate training programs and
5-5 programs of public information or assist political subdivisions and
5-6 emergency management [disaster] agencies to establish and operate
5-7 the programs;
5-8 (7) make surveys of public and private industries,
5-9 resources, and facilities in the state that are necessary to carry
5-10 out the purposes of this chapter;
5-11 (8) plan and make arrangements for the availability
5-12 and use of any private facilities, services, and property and
5-13 provide for payment for use under terms and conditions agreed on if
5-14 the facilities are used and payment is necessary;
5-15 (9) establish a register of persons with types of
5-16 training and skills important in disaster mitigation [prevention],
5-17 preparedness, response, and recovery;
5-18 (10) establish a register of mobile and construction
5-19 equipment and temporary housing available for use in a disaster;
5-20 (11) prepare, for issuance by the governor, executive
5-21 orders and regulations necessary or appropriate in coping with
5-22 disasters;
5-23 (12) cooperate with the federal government and any
5-24 public or private agency or entity in achieving any purpose of this
5-25 chapter and in implementing programs for disaster mitigation
5-26 [prevention], preparation, response, and recovery; and
5-27 (13) do other things necessary, incidental, or
6-1 appropriate for the implementation of this chapter.
6-2 SECTION 6. Section 418.044(a), Government Code, is amended
6-3 to read as follows:
6-4 (a) The division shall take an integral part in the
6-5 development and revision of local and interjurisdictional emergency
6-6 management plans. For that purpose, the division shall employ or
6-7 otherwise secure the services of professional and technical
6-8 personnel capable of providing expert assistance to political
6-9 subdivisions and emergency management [disaster] agencies. Those
6-10 personnel shall consult with the subdivisions and agencies on a
6-11 regularly scheduled basis and shall make field reviews of the
6-12 areas, circumstances, and conditions to which particular local and
6-13 interjurisdictional emergency management plans apply and may
6-14 suggest revisions.
6-15 SECTION 7. Section 418.045, Government Code, is amended to
6-16 read as follows:
6-17 Sec. 418.045. TEMPORARY PERSONNEL. The division may employ
6-18 or contract with temporary personnel from funds appropriated to the
6-19 division, from federal funds, or from the disaster contingency
6-20 fund. The merit system does not apply to the temporary or contract
6-21 positions.
6-22 SECTION 8. Section 418.072, Government Code, is amended to
6-23 read as follows:
6-24 Sec. 418.072. Disaster Emergency Funding Board. The
6-25 disaster emergency funding board is composed of:
6-26 (1) the governor;
6-27 (2) the lieutenant governor;
7-1 (3) the commissioner of insurance [chairman of the
7-2 State Board of Insurance];
7-3 (4) the commissioner of the Department of Human
7-4 Services; and
7-5 (5) the director of the division.
7-6 SECTION 9. Section 418.101(b), Government Code, is amended
7-7 to read as follows:
7-8 (b) The presiding officer of the governing body of each
7-9 political subdivision shall notify the division of the manner in
7-10 which the political subdivision is providing or securing an
7-11 emergency management program, identify the person who heads the
7-12 agency responsible for the program, and furnish additional
7-13 pertinent information that the division requires. The person so
7-14 designated shall accomplish training prescribed by the division.
7-15 SECTION 10. Sections 418.102, 418.104, and 418.105,
7-16 Government Code, are amended to read as follows:
7-17 Sec. 418.102. County Programs. (a) Each county shall
7-18 maintain an emergency management program or participate in a local
7-19 or interjurisdictional emergency management program that, except as
7-20 otherwise provided by this chapter, has jurisdiction over and
7-21 serves the entire county or interjurisdictional area.
7-22 (b) The county program is the first channel through which a
7-23 municipal corporation shall request assistance when its resources
7-24 are exceeded. Requests that exceed the county capability shall be
7-25 forwarded to the state as prescribed in the state emergency
7-26 management plan.
7-27 Sec. 418.104. Interjurisdictional Programs. The governor
8-1 may recommend that a political subdivision establish and maintain a
8-2 program and form an interjurisdictional agency jointly with one or
8-3 more other political subdivisions if the governor finds that the
8-4 establishment and maintenance of a joint program or participation
8-5 in it is made necessary by circumstances or conditions that make it
8-6 unusually difficult to provide disaster mitigation [prevention],
8-7 preparedness, response, or recovery services under other provisions
8-8 of this chapter.
8-9 Sec. 418.105. Liaison Officers. (a) Each city that does
8-10 not have a program and has not made arrangements to secure or
8-11 participate in the services of an existing program shall designate
8-12 a liaison officer to facilitate the cooperation and protection of
8-13 the city in the work of disaster mitigation [prevention],
8-14 preparedness, response, and recovery.
8-15 (b) Each county shall provide an office and a liaison
8-16 officer to coordinate with state and federal emergency management
8-17 personnel concerning disaster mitigation, preparedness, response,
8-18 and [or] recovery activities [services] under other provisions of
8-19 this chapter.
8-20 SECTION 11. Sections 418.106(a) and (c), Government Code,
8-21 are amended to read as follows:
8-22 (a) Each local and interjurisdictional agency shall prepare
8-23 and keep current an emergency management plan for its area
8-24 providing for disaster mitigation, preparedness, response, and
8-25 recovery[, and rehabilitation].
8-26 (c) The local or interjurisdictional emergency management
8-27 [disaster] agency shall prepare in written form and distribute to
9-1 all appropriate officials a clear and complete statement of the
9-2 disaster responsibilities of all local agencies and officials and
9-3 of the disaster channels of assistance.
9-4 SECTION 12. The heading to Subchapter F, Chapter 418,
9-5 Government Code, is amended to read as follows:
9-6 SUBCHAPTER F. DISASTER MITIGATION [PREVENTION]
9-7 SECTION 13. Section 418.121, Government Code, is amended to
9-8 read as follows:
9-9 Sec. 418.121. Duty of Governor. (a) In addition to
9-10 disaster mitigation [prevention] measures included in the state,
9-11 local, and interjurisdictional emergency management plans, the
9-12 governor shall as a continuing duty consider steps that could be
9-13 taken to mitigate the harmful consequences of disasters.
9-14 (b) At the direction of the governor and pursuant to any
9-15 other authority and competence a state agency may have, a state
9-16 agency shall study matters related to disaster mitigation
9-17 [prevention]. This includes agencies charged with responsibility
9-18 in connection with floodplain management, stream encroachment and
9-19 flow regulation, weather modification, fire prevention and control,
9-20 air quality, public works, land use and land use planning, and
9-21 construction standards.
9-22 (c) The governor shall from time to time make
9-23 recommendations to the legislature, local governments, and other
9-24 appropriate public and private entities as may facilitate measures
9-25 to mitigate [for prevention or reduction of] the harmful
9-26 consequences of disasters.
9-27 SECTION 14. The importance of this legislation and the
10-1 crowded condition of the calendars in both houses create an
10-2 emergency and an imperative public necessity that the
10-3 constitutional rule requiring bills to be read on three several
10-4 days in each house be suspended, and this rule is hereby suspended.