|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to emergency management. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 418.005(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) This section applies only to an elected law enforcement |
|
officer or county judge or an appointed public officer of the state |
|
or of a political subdivision who has management or supervisory |
|
responsibilities and: |
|
(1) whose position description, job duties, or |
|
assignment includes emergency management responsibilities; or |
|
(2) who plays a role in emergency preparedness, |
|
response, or recovery. |
|
(b) Each person described by Subsection (a) shall complete a |
|
course of training provided or approved by the division of not less |
|
than three hours regarding the responsibilities of state and local |
|
governments under this chapter not later than the 180th day after |
|
the date the person: |
|
(1) takes the oath of office, if the person is required |
|
to take an oath of office to assume the person's duties as a [an
|
|
appointed] public officer; or |
|
(2) otherwise assumes responsibilities as a [an
|
|
appointed] public officer, if the person is not required to take an |
|
oath of office to assume the person's duties. |
|
SECTION 2. Section 418.013, Government Code, is amended by |
|
amending Subsection (b) and adding Subsection (d) to read as |
|
follows: |
|
(b) The emergency management council is composed of |
|
representatives [the heads] of state agencies, boards, [and] |
|
commissions, and [representatives of] organized volunteer groups |
|
designated by the head of each entity. |
|
(d) The council shall assist the division in identifying, |
|
mobilizing, and deploying state resources to respond to major |
|
emergencies and disasters throughout the state. |
|
SECTION 3. Section 418.042(a), Government Code, is amended |
|
to read as follows: |
|
(a) The division shall prepare and keep current a |
|
comprehensive state emergency management plan. The plan may |
|
include: |
|
(1) provisions for prevention and minimization of |
|
injury and damage caused by disaster; |
|
(2) provisions for prompt and effective response to |
|
disaster; |
|
(3) provisions for emergency relief; |
|
(4) provisions for energy emergencies; |
|
(5) identification of areas particularly vulnerable |
|
to disasters; |
|
(6) recommendations for zoning, building |
|
restrictions, and other land-use controls, safety measures for |
|
securing mobile homes or other nonpermanent or semipermanent |
|
structures, and other preventive and preparedness measures |
|
designed to eliminate or reduce disasters or their impact; |
|
(7) provisions for assistance to local officials in |
|
designing local emergency management plans; |
|
(8) authorization and procedures for the erection or |
|
other construction of temporary works designed to protect against |
|
or mitigate danger, damage, or loss from flood, fire, or other |
|
disaster; |
|
(9) preparation and distribution to the appropriate |
|
state and local officials of state catalogs of federal, state, and |
|
private assistance programs; |
|
(10) organization of manpower and channels of |
|
assistance; |
|
(11) coordination of federal, state, and local |
|
emergency management activities; |
|
(12) coordination of the state emergency management |
|
plan with the emergency management plans of the federal government; |
|
(13) coordination of federal and state energy |
|
emergency plans; |
|
(14) provisions for informing [education and training
|
|
of] local officials on activation of the Emergency Alert System |
|
established under 47 C.F.R. Part 11; and |
|
(15) other necessary matters relating to disasters. |
|
SECTION 4. Subchapter C, Chapter 418, Government Code, is |
|
amended by adding Section 418.0425 to read as follows: |
|
Sec. 418.0425. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a) |
|
In this section, "critical water or wastewater facility" means a |
|
facility with: |
|
(1) water supply, treatment, or distribution |
|
equipment that is essential to maintain the minimum water pressure |
|
requirements established by the governing body of a municipality or |
|
the Texas Commission on Environmental Quality; or |
|
(2) wastewater collection or treatment equipment that |
|
is essential to prevent the discharge of untreated wastewater to |
|
water in the state. |
|
(b) The division, in cooperation with the emergency |
|
management council, local governments, regional entities, health |
|
and medical facilities, volunteer groups, private sector partners, |
|
the Federal Emergency Management Agency, and other federal |
|
agencies, shall develop an annex to the state emergency management |
|
plan that addresses initial response planning for providing |
|
essential population support supplies, equipment, and services |
|
during the first 120 hours immediately following a disaster. The |
|
annex must include: |
|
(1) provisions for interagency coordination of |
|
disaster response efforts; |
|
(2) provisions for the rapid gross assessment of |
|
population support needs; |
|
(3) plans for the clearance of debris from major |
|
roadways to facilitate emergency response operations and delivery |
|
of essential population support supplies and equipment; |
|
(4) methods to obtain food, water, and ice for |
|
disaster victims through prearranged contracts or suppliers, |
|
stockpiled supplies, or plans to request assistance from federal |
|
agencies, as appropriate; |
|
(5) guidelines for arranging temporary points of |
|
distribution for disaster relief supplies and standardized |
|
procedures for operating those distribution points; |
|
(6) methods for providing basic medical support for |
|
disaster victims, including medical supplies and pharmaceuticals; |
|
(7) provisions, developed in coordination with fuel |
|
suppliers and retailers, for the continued operation of service |
|
stations to provide fuel to disaster victims and emergency |
|
responders; and |
|
(8) provisions for the dissemination of emergency |
|
information through the media to aid disaster victims. |
|
(c) The division, in coordination with the Texas Commission |
|
on Environmental Quality and electric, gas, water, and wastewater |
|
utility providers, shall develop for inclusion in the annex to the |
|
state emergency management plan provisions to provide emergency |
|
power to restore or continue the operation of critical water or |
|
wastewater facilities following a disaster. The provisions must: |
|
(1) establish an online resource database of available |
|
emergency generators configured for transport that are capable of |
|
providing backup power for critical water or wastewater facilities |
|
following a disaster; |
|
(2) include procedures for the maintenance, |
|
activation, transportation, and redeployment of available |
|
emergency generators; |
|
(3) develop a standardized form for use by a water or |
|
wastewater utility provider in developing and maintaining data on |
|
the number and type of emergency generators required for the |
|
operation of the provider's critical water or wastewater facilities |
|
following a disaster; and |
|
(4) include procedures for water or wastewater utility |
|
providers to maintain a current list of generators available in |
|
surrounding areas through mutual aid agreements and through |
|
commercial firms offering generators for rent or lease. |
|
SECTION 5. Section 418.045, Government Code, is amended to |
|
read as follows: |
|
Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may |
|
employ or contract with temporary personnel from funds appropriated |
|
to the division, from federal funds, or from the disaster |
|
contingency fund. The merit system does not apply to the temporary |
|
or contract positions. |
|
(b) The division may enroll, organize, train, and equip a |
|
cadre of disaster reservists with specialized skills in disaster |
|
recovery, hazard mitigation, community outreach, and public |
|
information to temporarily augment its permanent staff. The |
|
division may activate enrolled disaster reservists to support |
|
recovery operations in the aftermath of a disaster or major |
|
emergency and pay them at a daily rate commensurate with their |
|
qualifications and experience. Chapter 654, Chapter 2254, and |
|
Subtitle D, Title 10, do not apply in relation to a disaster |
|
reservist under this subsection. |
|
SECTION 6. Section 418.048, Government Code, is amended to |
|
read as follows: |
|
Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER
|
|
MODIFICATION]. [(a)] The division shall keep continuously |
|
apprised of weather conditions that present danger of climatic |
|
activity, such as precipitation, severe enough to constitute a |
|
disaster. |
|
[(b)
If the division determines that precipitation that may
|
|
result from weather modification operations, either by itself or in
|
|
conjunction with other precipitation or climatic conditions or
|
|
activity, would create or contribute to the severity of a disaster,
|
|
it shall request in the name of the governor that the officer or
|
|
agency empowered to issue permits for weather modification
|
|
operations suspend the issuance of permits. On the governor's
|
|
request, no permits may be issued until the division informs the
|
|
officer or agency that the danger has passed.] |
|
SECTION 7. Section 418.1015, Government Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) An emergency management director exercising under |
|
Subsection (b) a power granted to the governor may not seize or use |
|
state or federal resources without prior authorization from the |
|
governor or the state or federal agency having responsibility for |
|
those resources. |
|
SECTION 8. Section 418.107(b), Government Code, is amended |
|
to read as follows: |
|
(b) Political subdivisions may make agreements for the |
|
purpose of organizing emergency management service divisions and |
|
provide for a mutual method of financing the organization of units |
|
on a basis satisfactory to the subdivisions. [The functioning of
|
|
the units shall be coordinated by the emergency management
|
|
council.] |
|
SECTION 9. Section 418.108(d), Government Code, is amended |
|
to read as follows: |
|
(d) A declaration of local disaster activates the |
|
appropriate 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 appropriate preparedness and response aspects of |
|
the plans are activated as provided in the plans and take effect |
|
immediately after the local state of disaster is declared. |
|
SECTION 10. Section 418.117, Government Code, is amended to |
|
read as follows: |
|
Sec. 418.117. LICENSE PORTABILITY. If the assistance of a |
|
person who holds a license, certificate, permit, or other document |
|
evidencing qualification in a professional, mechanical, or other |
|
skill is requested by a state agency or local government entity |
|
under the system, the person is considered licensed, certified, |
|
permitted, or otherwise documented in the political subdivision in |
|
which the service is provided as long as the service is required, |
|
subject to any limitations imposed by the chief executive officer |
|
or the governing body of the requesting state agency or local |
|
government entity. |
|
SECTION 11. Section 418.172(b), Government Code, is amended |
|
to read as follows: |
|
(b) If sufficient funds are not available for the required |
|
insurance, an agency may request funding from [petition] the |
|
disaster contingency fund [emergency funding board] to purchase the |
|
insurance [on the agency's behalf. The board may spend money from
|
|
that fund for that purpose]. |
|
SECTION 12. On the effective date of this Act, the disaster |
|
emergency funding board is abolished. |
|
SECTION 13. Section 418.072, Government Code, is repealed. |
|
SECTION 14. The changes in law made by this Act by the |
|
amendment of Section 418.005, Government Code, apply only to a |
|
public officer elected or appointed on or after the effective date |
|
of this Act. A public officer elected or appointed before the |
|
effective date of this Act is governed by the law in effect |
|
immediately before that date, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 15. This Act takes effect September 1, 2009. |