By: Gallegos S.B. No. 1583
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the prompt and efficient response to flooding and
evacuations.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 418, Government Code, is amended by
adding Subsection 418.004(10), (11), (12), (13), and (14) to read
as follows:
       Section 418.004.  DEFINITIONS. In this chapter:
             (10)  "Fund" means the Disaster or Emergency
Humanitarian Contingency Fund whose stated purpose for the
Disaster or Emergency Humanitarian Contingency Fund is to provide
immediate relief to persons during Flooding and Evacuations for
short term shelter, food, clothing, and fuel and or transportation
expenses. Funds as appropriated, awarded, granted, or otherwise
obtained, would be used to provide relief to those persons needing
immediate assistance that cannot wait for assistance or
reimbursement from the Federal Emergency Management
Administration, Red Cross, and other Volunteer Organizations
Active in Disasters.
             (11)  "Subcommittee" means the Senate Subcommittee on
Flooding and Evacuation to the Senate Committee on
Inter-Governmental Affairs.
             (12)  "Chairman" means the person appointed by the
Lieutenant Governor to chair the Senate Subcommittee on Flooding
and Evacuations.
             (13)  "Executive Director" means the person appointed
by the Chairman of the Senate Subcommittee on Flooding and
Evacuations.
             (14)  "Ambus" means a motor vehicle owned and operated
by an independent school district and that is readily convertible
from carrying ambulatory passengers in conventional seats to the
removal of seats and the ability to carry non-ambulatory passengers
in liters.
       SECTION 2.  Section 418.013, Government Code, is amended by
adding Subsection (c) to read as follows:
       (c)  The Executive Director of the Senate Subcommittee on
Flooding and Evacuation shall be a member of the Emergency
Management Council.
       Section 418.014, Government Code, is amended by adding
Subsection (f) and Subsection (g) to read as follows:
       (f)  The Subcommittee after thirty days may suspend the
Governors Declaration of Disaster pending review by the
legislature.
       (g)  Within thirty days of the end of the State's response to
a disaster there shall be three panels formed to conduct hearings
and make recommendations based on the lessons learned from the most
recent flooding and or evacuation operation. The panels shall be
headed by the governor, lieutenant governor, and a citizens panel.
The recommendations, if any, made by the panels shall be conveyed to
the governor, lieutenant governor, the speaker of the house, and
the chair of the Senate Subcommittee on Flooding and Evacuations.
The legislature may consider any recommendation made by a panel at
any time the Legislature is in session.
       SECTION 3.  Section 418, Government Code, is amended by
adding subsection 418.075 and 418.076 to read as follows:
       Section 418.075.  DISASTER OR EMERGENCY HUMANITARIAN
CONTINGENCY FUND. (a)  The disaster or emergency humanitarian
contingency fund consists of money appropriated, awards of federal
grants, and awards of private grants or gifted to the fund.
       (b)  If the chairman finds that the demands placed on funds
regularly appropriated to state and local agencies for humanitarian
relief during flooding and or evacuations are unreasonably great
for coping with a particular disaster, the chairman with the
concurrence of the subcommittee may make funds available from the
fund. It is the intent of the legislature that first recourse is to
the funds regularly appropriated to state and local agencies.
       Section 418.076.  ACCEPTANCE AND ALLOCATION OF GIFTS AND
GRANTS. (a)  If the federal government, another public or private
agency, or an individual offers to the state or through the state to
a political subdivision services, equipment, supplies, materials,
or funds as a gift, grant, or loan for purposes of humanitarian
emergency services or disaster recovery, the lieutenant governor or
the presiding officer of the governing body of the political
subdivision may accept the offer on behalf of the state or political
subdivision, as applicable.
       (b)  If a gift, grant, or loan is accepted by the state, the
lieutenant governor or the chairman may dispense the gift, grant,
or loan directly to accomplish the purpose for which it was made or
may allocate and transfer to a political subdivision services,
equipment, supplies, materials, or funds in the amount the
lieutenant governor or a lieutenant governor designee may
determine.
       (c)  Funds received by the state shall be placed in one or
more special funds and shall be disbursed by warrants issued by the
comptroller on order of the lieutenant governor or the lieutenant
governor's designee. The lieutenant governor shall name the
designee in a written agreement accepting the funds or in a written
authorization filed with the secretary of state. On receipt of an
order for disbursement, the comptroller shall issue a warrant
without delay.
       (d)  If the funds are to be used for purchase of equipment,
supplies, or commodities of any kind, a purchasing bid may not be
obtained and the purchases may be approved by any other agency.
       (e)  A political subdivision may accept and use all services,
equipment, supplies, materials, and funds to the full extent
authorized by the agreement under which they are received by the
state or political subdivision.
       (f)  A member or members of the State Volunteer Organizations
Active in Disasters or other organizations recognized by the
subcommittee may accept and use all services, equipment, supplies,
materials, and funds to the full extent authorized by the agreement
under which they are received by the state or political
subdivision.
       SECTION 4.  Section 418, Government Code, is amended by
adding Subsection 418.184 to read as follows:
       OVERSIGHT OF FLOODING AND EVACUATIONS OPERATIONS.  (a)  The
subcommittee shall provide oversight of flooding and evacuation
operations until the emergency or disaster declaration:
             (1)  Ceases by operation of law, or
             (2)  Rescinded by the governor
       (b)  The subcommittee shall employ a full time executive
director named by the Subcommittee chair with the following
qualifications:
             (1)  Must be a subject matter expert of emergency and
disaster operations;
             (2)  Have a college degree in emergency management,
public policy, law or a related field;
             (3)  Must have minimum five years experience in
emergency management or first responder experience;
             (4)  Must have completed the Federal Emergency
Management Administration, Professional Development Series;
             (5)  Must be able to obtain within one year of
employment Certified Emergency Manager from the International
Association of Emergency Managers or the Texas Certified Emergency
Manager from the Emergency Management Association of Texas;
             (6)  Serves at the discretion of the Chair of the
Sub-committee; and
             (7)  Their remuneration would be within the range of
the Director of the Governors Division of Emergency Management and
Texas Homeland Security Chief.
       SECTION 5.  Section 418, Government Code, is amended by
adding Subsection 418.185 to read as follows:
       INDIVIDUAL LIABILITY FOR REFUSAL TO COMPLY WITH AN ORDER OR
RECOMMENDATION TO EVACUATE. The State of Texas or any political
subdivision thereof shall not be liable for injuries, death or
damages by any person who refuses to follow an evacuation order or
recommendation to evacuate, or who chooses not to evacuate when a
reasonable and prudent person in the same or similar circumstances
would.
       SECTION 6.  Section 418, Government Code, is amended by
adding Subsection 418.186 to read as follows:
       SCHOOL BUSES CONVERTED TO AMBUSES. (a)  An independent
school district in the State of Texas shall be required to maintain
at least one-fourth of their bus fleets as ambuses. To achieve this
goal a school district is authorized to convert or retrofit their
existing school bus fleets. One-fourth of all new buses purchased
shall have the ability to remove seats and carry non-ambulatory
passengers in liters.
       (b)  Funds for retrofit or conversions of school buses shall
be made available from direct appropriations, or grant funds
awarded for that purpose.
       SECTION 7.  Section 418, Government Code, is amended by
adding Subsection 418.187 to read as follows:
       EXEMPTIONS FROM LIABILITY. An independent school district in
the State of Texas shall not be liable for tort claims arising from
the use of their property, including but not limited to motor
vehicles and structures when used in evacuations and or sheltering,
during a declared disaster or under an emergency order issued by the
governor, a mayor, county judge or chief official of a special
jurisdiction or independent school district in which or some part
of the school district is located.
       SECTION 8.  Section 418, Government Code, is amended by
adding Subsection 418.188 to read as follows:
       DISPATCH AND CONTROL OF BUSES DURING EVACUATIONS.  All
transportation assets for evacuation provided by or contracted by
the State of Texas to a county with a population of 3.3 million or
more shall be placed under the dispatch and control of the county
judge or a designee of the county judge.
       SECTION 9.  Section 418, Government Code, is amended by
adding Subsection 418.189 to read as follows:
       CREDENTIALING AND RE-ENTRY PROGRAM. (a)  The Executive
Director shall establish a credentialing and re-entry
identification program to allow essential personnel to ingress to
and egress from an area subject to control under § 418.108(g)
Government Code, as soon as practicable and before the general
public, when authorized by the county judge of the disaster area.
       (b)  The Texas Department of Public Safety shall transmit to
all law enforcement agencies in the State of Texas the facsimile of
the approved credential for those persons authorized for ingress
and egress before the general public.
       (c)  The Texas Department of Public Safety shall assist those
persons authorized and credentialed for ingress and egress before
the general public in passing through road blocks established by
all law enforcement agencies in Texas.
       SECTION 10.  This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2007.