1-1 By: Gray (Senate Sponsor - Armbrister) H.B. No. 3074
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on State
1-4 Affairs; May 16, 1997, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the mitigation of, preparedness for, response to, and
1-9 recovery from disasters.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 418.002 and 418.003, Government Code,
1-12 are amended to read as follows:
1-13 Sec. 418.002. PURPOSES. The purposes of this chapter are
1-14 to:
1-15 (1) reduce vulnerability of people and communities of
1-16 this state to damage, injury, and loss of life and property
1-17 resulting from natural or man-made catastrophes, riots, or hostile
1-18 military or paramilitary action;
1-19 (2) prepare for prompt and efficient rescue, care, and
1-20 treatment of persons victimized or threatened by disaster;
1-21 (3) provide a setting conducive to the rapid and
1-22 orderly restoration and rehabilitation of persons and property
1-23 affected by disasters;
1-24 (4) clarify and strengthen the roles of the governor,
1-25 state agencies, and local governments in prevention of, preparation
1-26 for, response to, and recovery from disasters;
1-27 (5) authorize and provide for cooperation in disaster
1-28 mitigation [prevention], preparedness, response, and recovery;
1-29 (6) authorize and provide for coordination of
1-30 activities relating to disaster mitigation [prevention],
1-31 preparedness, response, and recovery by agencies and officers of
1-32 this state, and similar state-local, interstate, federal-state, and
1-33 foreign activities in which the state and its political
1-34 subdivisions may participate;
1-35 (7) provide an emergency management system embodying
1-36 all aspects of predisaster preparedness and postdisaster response;
1-37 (8) assist in mitigation [prevention] of disasters
1-38 caused or aggravated by inadequate planning for and regulation of
1-39 public and private facilities and land use; and
1-40 (9) provide the authority and mechanism to respond to
1-41 an energy emergency.
1-42 Sec. 418.003. LIMITATIONS. This chapter does not:
1-43 (1) limit the governor's authority to apply for,
1-44 administer, or expend any grant, gift, or payment in aid of
1-45 disaster mitigation [prevention], preparedness, response, or
1-46 recovery;
1-47 (2) interfere with the course or conduct of a labor
1-48 dispute, except that actions otherwise authorized by this chapter
1-49 or other laws may be taken when necessary to forestall or mitigate
1-50 imminent or existing danger to public health or safety;
1-51 (3) interfere with dissemination of news or comment on
1-52 public affairs, but any communications facility or organization,
1-53 including radio and television stations, wire services, and
1-54 newspapers, may be required to transmit or print public service
1-55 messages furnishing information or instructions in connection with
1-56 a disaster or potential disaster;
1-57 (4) affect the jurisdiction or responsibilities of
1-58 police forces, fire-fighting forces, units of the armed forces of
1-59 the United States, or of any of their personnel when on active
1-60 duty, but state, local, and interjurisdictional emergency
1-61 management plans shall place reliance on the forces available for
1-62 performance of functions related to disasters; or
1-63 (5) limit, modify, or abridge the authority of the
1-64 governor to proclaim martial law or exercise any other powers
2-1 vested in the governor under the constitution or laws of this state
2-2 independent of or in conjunction with any provisions of this
2-3 chapter.
2-4 SECTION 2. Section 418.004(7), Government Code, is amended
2-5 to read as follows:
2-6 (7) "Temporary housing" has the meaning assigned by
2-7 the Robert T. Stafford Disaster Relief and Emergency Assistance
2-8 Act, Pub. L. No. 93-288, as amended [Federal Disaster Relief Act
2-9 of 1974 (42 U.S.C. 5121 et seq.)].
2-10 SECTION 3. Section 418.013(a), Government Code, is amended
2-11 to read as follows:
2-12 (a) The governor by executive order may establish an
2-13 emergency management council to advise and assist the governor in
2-14 all matters relating to disaster mitigation, preparedness,
2-15 response, and [emergency services, energy emergencies, and
2-16 disaster] recovery.
2-17 SECTION 4. Sections 418.023(a) and (c), Government Code, are
2-18 amended to read as follows:
2-19 (a) Through the use of any state agency or instrumentality,
2-20 the governor, acting through members of the Emergency Management
2-21 Council, may clear or remove debris or wreckage from public or
2-22 private land or water if it threatens public health or safety or
2-23 public or private property in a state of disaster declared by the
2-24 governor or major disaster declared by the president of the United
2-25 States.
2-26 (c) Debris or wreckage may not be removed from public or
2-27 private property until the affected local government, corporation,
2-28 organization, or individual presents to the governor or member of
2-29 the Emergency Management Council an unconditional authorization for
2-30 removal. Debris or wreckage may not be removed from private
2-31 property until the state is indemnified against any claim arising
2-32 from removal. In instances where it is not practical and further
2-33 delay would create a greater risk to public health or safety, the
2-34 governor, acting through the Emergency Management Council, may
2-35 remove debris or wreckage from public or private property without
2-36 an unconditional authorization or indemnification.
2-37 SECTION 5. Section 418.043, Government Code, is amended to
2-38 read as follows:
2-39 Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
2-40 (1) determine requirements of the state and its
2-41 political subdivisions for food, clothing, and other necessities in
2-42 event of a disaster;
2-43 (2) procure and position supplies, medicines,
2-44 materials, and equipment;
2-45 (3) adopt standards and requirements for local and
2-46 interjurisdictional emergency management plans;
2-47 (4) periodically review local and interjurisdictional
2-48 emergency management plans;
2-49 (5) coordinate deployment of [provide for] mobile
2-50 support units;
2-51 (6) establish and operate training programs and
2-52 programs of public information or assist political subdivisions and
2-53 emergency management [disaster] agencies to establish and operate
2-54 the programs;
2-55 (7) make surveys of public and private industries,
2-56 resources, and facilities in the state that are necessary to carry
2-57 out the purposes of this chapter;
2-58 (8) plan and make arrangements for the availability
2-59 and use of any private facilities, services, and property and
2-60 provide for payment for use under terms and conditions agreed on if
2-61 the facilities are used and payment is necessary;
2-62 (9) establish a register of persons with types of
2-63 training and skills important in disaster mitigation [prevention],
2-64 preparedness, response, and recovery;
2-65 (10) establish a register of mobile and construction
2-66 equipment and temporary housing available for use in a disaster;
2-67 (11) prepare, for issuance by the governor, executive
2-68 orders and regulations necessary or appropriate in coping with
2-69 disasters;
3-1 (12) cooperate with the federal government and any
3-2 public or private agency or entity in achieving any purpose of this
3-3 chapter and in implementing programs for disaster mitigation
3-4 [prevention], preparation, response, and recovery; and
3-5 (13) do other things necessary, incidental, or
3-6 appropriate for the implementation of this chapter.
3-7 SECTION 6. Section 418.044(a), Government Code, is amended
3-8 to read as follows:
3-9 (a) The division shall take an integral part in the
3-10 development and revision of local and interjurisdictional emergency
3-11 management plans. For that purpose, the division shall employ or
3-12 otherwise secure the services of professional and technical
3-13 personnel capable of providing expert assistance to political
3-14 subdivisions and emergency management [disaster] agencies. Those
3-15 personnel shall consult with the subdivisions and agencies on a
3-16 regularly scheduled basis and shall make field reviews of the
3-17 areas, circumstances, and conditions to which particular local and
3-18 interjurisdictional emergency management plans apply and may
3-19 suggest revisions.
3-20 SECTION 7. Section 418.045, Government Code, is amended to
3-21 read as follows:
3-22 Sec. 418.045. TEMPORARY PERSONNEL. The division may employ
3-23 or contract with temporary personnel from funds appropriated to the
3-24 division, from federal funds, or from the disaster contingency
3-25 fund. The merit system does not apply to the temporary or contract
3-26 positions.
3-27 SECTION 8. Section 418.072, Government Code, is amended to
3-28 read as follows:
3-29 Sec. 418.072. Disaster Emergency Funding Board. The
3-30 disaster emergency funding board is composed of:
3-31 (1) the governor;
3-32 (2) the lieutenant governor;
3-33 (3) the commissioner of insurance [chairman of the
3-34 State Board of Insurance];
3-35 (4) the commissioner of the Department of Human
3-36 Services; and
3-37 (5) the director of the division.
3-38 SECTION 9. Section 418.101(b), Government Code, is amended
3-39 to read as follows:
3-40 (b) The presiding officer of the governing body of each
3-41 political subdivision shall notify the division of the manner in
3-42 which the political subdivision is providing or securing an
3-43 emergency management program, identify the person who heads the
3-44 agency responsible for the program, and furnish additional
3-45 pertinent information that the division requires. The person so
3-46 designated shall accomplish training prescribed by the division.
3-47 SECTION 10. Sections 418.102, 418.104, and 418.105,
3-48 Government Code, are amended to read as follows:
3-49 Sec. 418.102. County Programs. (a) Each county shall
3-50 maintain an emergency management program or participate in a local
3-51 or interjurisdictional emergency management program that, except as
3-52 otherwise provided by this chapter, has jurisdiction over and
3-53 serves the entire county or interjurisdictional area.
3-54 (b) The county program is the first channel through which a
3-55 municipal corporation shall request assistance when its resources
3-56 are exceeded. Requests that exceed the county capability shall be
3-57 forwarded to the state as prescribed in the state emergency
3-58 management plan.
3-59 Sec. 418.104. Interjurisdictional Programs. The governor
3-60 may recommend that a political subdivision establish and maintain a
3-61 program and form an interjurisdictional agency jointly with one or
3-62 more other political subdivisions if the governor finds that the
3-63 establishment and maintenance of a joint program or participation
3-64 in it is made necessary by circumstances or conditions that make it
3-65 unusually difficult to provide disaster mitigation [prevention],
3-66 preparedness, response, or recovery services under other provisions
3-67 of this chapter.
3-68 Sec. 418.105. Liaison Officers. (a) Each city that does
3-69 not have a program and has not made arrangements to secure or
4-1 participate in the services of an existing program shall designate
4-2 a liaison officer to facilitate the cooperation and protection of
4-3 the city in the work of disaster mitigation [prevention],
4-4 preparedness, response, and recovery.
4-5 (b) Each county shall provide an office and a liaison
4-6 officer to coordinate with state and federal emergency management
4-7 personnel concerning disaster mitigation, preparedness, response,
4-8 and [or] recovery activities [services] under other provisions of
4-9 this chapter.
4-10 SECTION 11. Sections 418.106(a) and (c), Government Code,
4-11 are amended to read as follows:
4-12 (a) Each local and interjurisdictional agency shall prepare
4-13 and keep current an emergency management plan for its area
4-14 providing for disaster mitigation, preparedness, response, and
4-15 recovery[, and rehabilitation].
4-16 (c) The local or interjurisdictional emergency management
4-17 [disaster] agency shall prepare in written form and distribute to
4-18 all appropriate officials a clear and complete statement of the
4-19 disaster responsibilities of all local agencies and officials and
4-20 of the disaster channels of assistance.
4-21 SECTION 12. The heading to Subchapter F, Chapter 418,
4-22 Government Code, is amended to read as follows:
4-23 SUBCHAPTER F. DISASTER MITIGATION [PREVENTION]
4-24 SECTION 13. Section 418.121, Government Code, is amended to
4-25 read as follows:
4-26 Sec. 418.121. Duty of Governor. (a) In addition to
4-27 disaster mitigation [prevention] measures included in the state,
4-28 local, and interjurisdictional emergency management plans, the
4-29 governor shall as a continuing duty consider steps that could be
4-30 taken to mitigate the harmful consequences of disasters.
4-31 (b) At the direction of the governor and pursuant to any
4-32 other authority and competence a state agency may have, a state
4-33 agency shall study matters related to disaster mitigation
4-34 [prevention]. This includes agencies charged with responsibility
4-35 in connection with floodplain management, stream encroachment and
4-36 flow regulation, weather modification, fire prevention and control,
4-37 air quality, public works, land use and land use planning, and
4-38 construction standards.
4-39 (c) The governor shall from time to time make
4-40 recommendations to the legislature, local governments, and other
4-41 appropriate public and private entities as may facilitate measures
4-42 to mitigate [for prevention or reduction of] the harmful
4-43 consequences of disasters.
4-44 SECTION 14. The importance of this legislation and the
4-45 crowded condition of the calendars in both houses create an
4-46 emergency and an imperative public necessity that the
4-47 constitutional rule requiring bills to be read on three several
4-48 days in each house be suspended, and this rule is hereby suspended.
4-49 * * * * *