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