81R5260 EAH-D

By: Carona S.B. No. 12

A BILL TO BE ENTITLED

AN ACT

relating to emergency management.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 418.043, Government Code, is amended to read as follows:

Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:

(1) determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of a disaster;

(2) procure and position supplies, medicines, materials, and equipment;

(3) adopt standards and requirements for local and interjurisdictional emergency management plans;

(4) periodically review local and interjurisdictional emergency management plans;

(5) coordinate deployment of mobile support units;

(6) establish and operate training programs and programs of public information or assist political subdivisions and emergency management agencies to establish and operate the programs;

(7) make surveys of public and private industries, resources, and facilities in the state that are necessary to carry out the purposes of this chapter;

(8) plan and make arrangements for the availability and use of any private facilities, services, and property and provide for payment for use under terms and conditions agreed on if the facilities are used and payment is necessary;

(9) establish a register of persons with types of training and skills important in disaster mitigation, preparedness, response, and recovery;

(10) establish a register of mobile and construction equipment and temporary housing available for use in a disaster;

(11) assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster;

(12) prepare, for issuance by the governor, executive orders and regulations necessary or appropriate in coping with disasters;

(13) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster mitigation, preparation, response, and recovery; [and]

(14) cooperate with the Federal Emergency Management Agency to create uniform guidelines for acceptable home repairs following disasters and promote public awareness of the guidelines;

(15) cooperate with state agencies to include information on volunteering during a disaster in all state disaster preparation information resources, including Internet websites;

(16) establish a liability awareness program for volunteers, including medical professionals; and

(17) do other things necessary, incidental, or appropriate for the implementation of this chapter.

SECTION 2. Subchapter C, Chapter 418, Government Code, is amended by adding Section 418.050 to read as follows:

Sec. 418.050. PHASED REENTRY PLAN. (a) The division shall develop a phased reentry plan to govern the order in which particular groups of people are allowed to reenter areas previously evacuated because of a disaster or threat of disaster. The plan may provide different reentry procedures for different types of disasters.

(b) The division shall consider giving priority under the phased reentry plan to public safety officials, utility employees, insurance claims adjusters, the media, and area residents. The division shall consider preauthorizing insurance claims adjusters to reenter evacuated areas as soon as practicable to begin processing claims.

(c) The division, in consultation with representatives of affected industries, shall develop a reentry credentialing process. The division may include the credentialing process in the phased reentry plan or administer the credentialing process separately.

SECTION 3. Subchapter H, Chapter 418, Government Code, is amended by adding Sections 418.185, 418.189, 418.190, and 418.191 to read as follows:

Sec. 418.185. MANDATORY EVACUATION. (a) This section does not apply to a person who is authorized to be in an evacuated area, including a person who returns to the area under a phased reentry plan or reentry credentialing process under Section 418.050.

(b) A county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by order may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area.

(c) The governor and a county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by a concurrent order may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area.

(d) A person is civilly liable to a governmental entity, or a nonprofit agency cooperating with a governmental entity, that conducts a rescue on the person's behalf for the cost of the rescue effort if:

(1) the person knowingly ignored a mandatory evacuation order under this section and:

(A) engaged in an activity or course of action that a reasonable person would not have engaged in; or

(B) failed to take a course of action a reasonable person would have taken;

(2) the person's actions under Subdivision (1) placed the person or another person in danger; and

(3) a governmental rescue effort was undertaken on the person's behalf.

Sec. 418.189. DISASTER MANAGEMENT OUTREACH. A state agency involved in disaster management shall conduct outreach and disseminate information regarding disaster preparedness and recovery to the general public, including residents of affected areas, and issue an annual report to the legislature regarding those activities.

Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) The Department of Agriculture shall prepare and keep current an agriculture emergency response plan. The plan must include provisions for:

(1) identifying and assessing necessary training; and

(2) providing information on recovery, relief, and assistance following a disaster.

(b) The Department of Agriculture shall include the plan developed under Subsection (a) in an annual report to the legislature.

Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An entity responsible for the care of individuals with special needs shall develop and distribute information on volunteering in connection with a disaster.

(b) The division shall provide information to interested parties and the public regarding how volunteers can be identified and trained to help all groups of people, including those with special needs and those who are residents of assisted living facilities.

SECTION 4. Subchapter B, Chapter 242, Health and Safety Code, is amended by adding Section 242.0395 to read as follows:

Sec. 242.0395. REGISTRATION WITH TEXAS INFORMATION AND REFERRAL NETWORK. (a) An institution licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance evacuating in a disaster or other emergency.

(b) The institution is not required to identify individual residents who may require assistance in evacuating in an emergency or to register individual residents with the Texas Information and Referral Network for evacuation assistance.

(c) The institution shall notify each resident and the resident's next of kin or guardian regarding how to register for evacuation assistance with the Texas Information and Referral Network.

SECTION 5. Subchapter B, Chapter 247, Health and Safety Code, is amended by adding Section 247.0275 to read as follows:

Sec. 247.0275. REGISTRATION WITH TEXAS INFORMATION AND REFERRAL NETWORK. (a) An assisted living facility licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance evacuating in a disaster or other emergency.

(b) The assisted living facility is not required to identify individual residents who may require assistance in evacuating in an emergency or to register individual residents with the Texas Information and Referral Network for evacuation assistance.

(c) The assisted living facility shall notify each resident and the resident's next of kin or guardian regarding how to register for evacuation assistance with the Texas Information and Referral Network.

SECTION 6. Not later than the 30th day after the effective date of this section, the division of emergency management in the office of the governor shall issue a report to the legislature regarding the implementation of medical special needs plans in connection with Hurricane Ike, including identification, evacuation, transportation, shelter, care, and reentry during the period ending on the 30th day after the conclusion of the disaster. The Department of State Health Services shall cooperate in the preparation of the report.

SECTION 7. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.

(b) Section 6 of this Act takes effect immediately if this Act 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, Section 6 of this Act takes effect September 1, 2009.