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.

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