78R5153 AKH-D
By: Nelson S.B. No. 756
A BILL TO BE ENTITLED
AN ACT
relating to a declaration of a local state of disaster by certain
joint airport boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.004, Government Code, is amended by
adding Subdivision (8) to read as follows:
(8) "Joint board" means a board created under Section
22.074, Transportation Code, whose constituent agencies are
populous home-rule municipalities as defined by Section 22.071,
Transportation Code.
SECTION 2. Section 418.102(b), Government Code, is amended
to read as follows:
(b) The county program is the first channel through which a
municipal corporation or a joint board shall request assistance
when its resources are exceeded. Requests that exceed the county
capability shall be forwarded to the state as prescribed in the
state emergency management plan.
SECTION 3. Section 418.108, Government Code, is amended to
read as follows:
Sec. 418.108. DECLARATION OF LOCAL DISASTER. (a) Except as
provided by Subsection (e), the [The] presiding officer of the
governing body of a political subdivision may declare a local state
of disaster.
(b) A declaration of local disaster may not be continued or
renewed for a period of more than seven days except with the consent
of the governing body of the political subdivision or the joint
board as provided by Subsection (e), as applicable.
(c) An order or proclamation declaring, continuing, or
terminating a local state of disaster shall be given prompt and
general publicity and shall be filed promptly with the city
secretary, [or] county clerk, or the joint board's official
records, as applicable.
(d) A declaration of local disaster activates the recovery
and rehabilitation aspects of all applicable local or
interjurisdictional emergency management plans and authorizes the
furnishing of aid and assistance under the declaration. The
preparedness and response aspects of the plans are activated as
provided in the plans.
(e) The chief administrative officer of a joint board has
exclusive authority to declare that a local state of disaster
exists within the boundaries of an airport operated or controlled
by the joint board, regardless of whether the airport is located in
or outside the boundaries of a political subdivision.
SECTION 4. This Act takes effect September 1, 2003.