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A BILL TO BE ENTITLED
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AN ACT
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relating to disaster preparedness and emergency management and to |
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certain vehicles used in emergencies; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.01. Section 37.108, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) Any document or information collected during a |
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security audit conducted under Subsection (b) is not subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 1.02. Subdivision (1), Section 418.004, Government |
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Code, is amended to read as follows: |
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(1) "Disaster" means the occurrence or imminent threat |
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of widespread or severe damage, injury, or loss of life or property |
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resulting from any natural or man-made cause, including fire, |
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flood, earthquake, wind, storm, wave action, oil spill or other |
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water contamination, volcanic activity, epidemic, air |
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contamination, blight, drought, infestation, explosion, riot, |
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hostile military or paramilitary action, extreme heat, other public |
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calamity requiring emergency action, or energy emergency. |
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SECTION 1.03. Section 418.005, Government Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (h) to |
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read as follows: |
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(a) This section applies only to an elected or appointed |
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public officer of the state or of a political subdivision who has |
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management or supervisory responsibilities and: |
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(1) whose position description, job duties, or |
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assignment includes emergency management responsibilities; or |
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(2) who plays a role in emergency preparedness, |
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response, or recovery. |
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(b) Each person described by Subsection (a) shall complete a |
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course of training provided or approved by the division of not less |
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than three hours regarding the responsibilities of state and local |
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governments under this chapter not later than the 180th day after |
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the date the person: |
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(1) takes the oath of office, if the person is required |
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to take an oath of office to assume the person's duties as a [an
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appointed] public officer; or |
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(2) otherwise assumes responsibilities as a [an
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appointed] public officer, if the person is not required to take an |
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oath of office to assume the person's duties. |
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(h) The Texas Engineering Extension Service of The Texas A&M |
|
University System, with the direction, oversight, and approval of |
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the division, shall implement online courses and secure continuing |
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education credits for elected or appointed officials, volunteers, |
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or employees requested to attend training or required under |
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Subsection (b) to attend training. Training under this subsection |
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is optional for volunteers. |
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SECTION 1.04. Section 418.013, Government Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The emergency management council is composed of |
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representatives [the heads] of state agencies, boards, [and] |
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commissions, and [representatives of] organized volunteer groups |
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designated by the head of each entity. |
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(d) The emergency management council shall assist the |
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division in identifying, mobilizing, and deploying state resources |
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to respond to major emergencies and disasters throughout the state. |
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SECTION 1.05. Subsection (a), Section 418.042, Government |
|
Code, is amended to read as follows: |
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(a) The division shall prepare and keep current a |
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comprehensive state emergency management plan. The plan may |
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include: |
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(1) provisions for prevention and minimization of |
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injury and damage caused by disaster; |
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(2) provisions for prompt and effective response to |
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disaster; |
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(3) provisions for emergency relief; |
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(4) provisions for energy emergencies; |
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(5) identification of areas particularly vulnerable |
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to disasters; |
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(6) recommendations for zoning, building |
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restrictions, and other land-use controls, safety measures for |
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securing mobile homes or other nonpermanent or semipermanent |
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structures, and other preventive and preparedness measures |
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designed to eliminate or reduce disasters or their impact; |
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(7) provisions for assistance to local officials in |
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designing local emergency management plans; |
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(8) authorization and procedures for the erection or |
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other construction of temporary works designed to protect against |
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or mitigate danger, damage, or loss from flood, fire, or other |
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disaster; |
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(9) preparation and distribution to the appropriate |
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state and local officials of state catalogs of federal, state, and |
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private assistance programs; |
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(10) organization of manpower and channels of |
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assistance; |
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(11) coordination of federal, state, and local |
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emergency management activities; |
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(12) coordination of the state emergency management |
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plan with the emergency management plans of the federal government; |
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(13) coordination of federal and state energy |
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emergency plans; |
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(14) provisions for providing information to |
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[education and training of] local officials on activation of the |
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Emergency Alert System established under 47 C.F.R. Part 11; [and] |
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(15) a database of public facilities that may be used |
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under Section 418.017 to shelter individuals during a disaster, |
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including air-conditioned facilities for shelter during an extreme |
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heat disaster and fortified structures for shelter during a wind |
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disaster; and |
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(16) other necessary matters relating to disasters. |
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SECTION 1.06. Subchapter C, Chapter 418, Government Code, |
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is amended by adding Section 418.0425 to read as follows: |
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Sec. 418.0425. STATE EMERGENCY MANAGEMENT PLAN ANNEX. The |
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division, in cooperation with the emergency management council, |
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local governments, regional entities, health and medical |
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facilities, volunteer groups, private sector partners, the Federal |
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Emergency Management Agency, and other federal agencies, shall |
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develop an annex to the state emergency management plan that |
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addresses initial response planning for providing essential |
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population support supplies, equipment, and services during the |
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first five days immediately following a disaster. The annex must |
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include: |
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(1) plans to maintain fuel availability and continuity |
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of operations of all water, wastewater, hospital, and other |
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critical facilities, as determined by the division; |
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(2) provisions for interagency coordination of |
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disaster response efforts; |
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(3) provisions for the rapid gross assessment of |
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population support needs; |
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(4) plans for the clearance of debris from major |
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roadways to facilitate emergency response operations and delivery |
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of essential population support supplies and equipment; |
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(5) methods to obtain food, water, and ice for |
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disaster victims through prearranged contracts or suppliers, |
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stockpiled supplies, or plans to request assistance from federal |
|
agencies, as appropriate; |
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(6) guidelines for arranging temporary points of |
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distribution for disaster relief supplies and standardized |
|
procedures for operating those distribution points; |
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(7) methods for providing basic medical support for |
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disaster victims, including medical supplies and pharmaceuticals; |
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(8) provisions, developed in coordination with fuel |
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suppliers and retailers, for the continued operation of service |
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stations to provide fuel to disaster victims and emergency |
|
responders; |
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(9) provisions for the dissemination of emergency |
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information through the media to aid disaster victims; |
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(10) provisions for providing backup power to restore |
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or continue operation of key water and wastewater facilities, |
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developed in coordination with water and wastewater utilities and |
|
other agencies; and |
|
(11) provisions for assessing the backup power |
|
availability of hospitals and prisons and plans to ensure those |
|
facilities have the fuel and supplies necessary to continue |
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operations. |
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SECTION 1.07. Section 418.043, Government Code, is amended |
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to read as follows: |
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Sec. 418.043. OTHER POWERS AND DUTIES. The division shall: |
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(1) determine requirements of the state and its |
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political subdivisions for food, clothing, and other necessities in |
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event of a disaster; |
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(2) procure and position supplies, medicines, |
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materials, and equipment; |
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(3) adopt standards and requirements for local and |
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interjurisdictional emergency management plans; |
|
(4) periodically review local and interjurisdictional |
|
emergency management plans; |
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(5) coordinate deployment of mobile support units; |
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(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; |
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(7) make surveys of public and private industries, |
|
resources, and facilities in the state that are necessary to carry |
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out the purposes of this chapter; |
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(8) plan and make arrangements for the availability |
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and use of any private facilities, services, and property and |
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provide for payment for use under terms and conditions agreed on if |
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the facilities are used and payment is necessary; |
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(9) establish a register of persons with types of |
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training and skills important in disaster mitigation, |
|
preparedness, response, and recovery; |
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(10) establish a register of mobile and construction |
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equipment and temporary housing available for use in a disaster; |
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(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; |
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(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] |
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(14) develop a plan to raise public awareness and |
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expand the capability of the information and referral network under |
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Section 531.0312; |
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(15) improve the integration of volunteer groups, |
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including faith-based organizations, into emergency management |
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plans; |
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(16) cooperate with the Federal Emergency Management |
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Agency to create uniform guidelines for acceptable home repairs |
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following disasters and promote public awareness of the guidelines; |
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(17) cooperate with state agencies to: |
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(A) encourage the public to participate in |
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volunteer emergency response teams and organizations that respond |
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to disasters; and |
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(B) provide information on those programs in |
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state disaster preparedness and educational materials and on |
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Internet websites; |
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(18) establish a liability awareness program for |
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volunteers, including medical professionals; and |
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(19) do other things necessary, incidental, or |
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appropriate for the implementation of this chapter. |
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SECTION 1.08. Section 418.045, Government Code, is amended |
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to read as follows: |
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Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may |
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employ or contract with temporary personnel from funds appropriated |
|
to the division, from federal funds, or from the disaster |
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contingency fund. The merit system does not apply to the temporary |
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or contract positions. |
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(b) The division may enroll, organize, train, and equip a |
|
cadre of disaster reservists with specialized skills in disaster |
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recovery, hazard mitigation, community outreach, and public |
|
information to temporarily augment its permanent staff. The |
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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 |
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Subtitle D, Title 10, do not apply in relation to a disaster |
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reservist under this subsection. |
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SECTION 1.09. Section 418.048, Government Code, is amended |
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to read as follows: |
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Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER
|
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MODIFICATION]. [(a)] The division shall keep continuously |
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apprised of weather conditions that present danger of climatic |
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activity, such as precipitation, severe enough to constitute a |
|
disaster. |
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[(b)
If the division determines that precipitation that may
|
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result from weather modification operations, either by itself or in
|
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conjunction with other precipitation or climatic conditions or
|
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activity, would create or contribute to the severity of a disaster,
|
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it shall request in the name of the governor that the officer or
|
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agency empowered to issue permits for weather modification
|
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operations suspend the issuance of permits. On the governor's
|
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request, no permits may be issued until the division informs the
|
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officer or agency that the danger has passed.] |
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SECTION 1.10. Subchapter C, Chapter 418, Government Code, |
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is amended by adding Section 418.050 to read as follows: |
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Sec. 418.050. PHASED REENTRY PLAN. (a) The division shall |
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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. |
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(b) The phased reentry plan shall: |
|
(1) recognize the role of local emergency management |
|
directors in making all decisions regarding the timing and |
|
implementation of reentry plans for a disaster; and |
|
(2) provide local emergency management directors with |
|
sufficient flexibility to adjust the plan as necessary to |
|
accommodate the circumstances of a particular emergency. |
|
(c) The phased reentry plan shall provide political |
|
subdivisions with the authority to adopt, as a part of a local plan, |
|
phased reentry provisions to govern the order in which particular |
|
groups of people are allowed to reenter areas of the political |
|
subdivision previously evacuated. In the event of a conflict, the |
|
local phased reentry provisions prevail over the conflicting |
|
provision of the state phased reentry plan. |
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(d) The division shall consider giving priority under the |
|
phased reentry plan to public safety officials, utility employees, |
|
amateur radio operators, public health officials, health care |
|
professionals, judges and court personnel, 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. |
|
(e) The division, in consultation with representatives of |
|
affected parties and local emergency management directors, shall |
|
develop a reentry credentialing process. The division may include |
|
the credentialing process in the phased reentry plan or administer |
|
the credentialing process separately. The Department of Public |
|
Safety of the State of Texas shall provide support for the |
|
credentialing process. |
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SECTION 1.11. Subchapter C, Chapter 418, Government Code, |
|
is amended by adding Section 418.051 to read as follows: |
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Sec. 418.051. COMMUNICATIONS COORDINATION GROUP. (a) The |
|
communications coordination group shall facilitate interagency |
|
coordination and collaboration to provide efficient and effective |
|
planning and execution of communications support to joint, |
|
interagency, and intergovernmental task forces. |
|
(b) At the direction of the division, the communications |
|
coordination group shall assist with coordination and |
|
collaboration during an emergency. |
|
(c) The communications coordination group consists of |
|
members selected by the division, including representatives of: |
|
(1) the Texas military forces; |
|
(2) the Department of Public Safety of the State of |
|
Texas; |
|
(3) the Federal Emergency Management Agency; |
|
(4) federal agencies that comprise Emergency Support |
|
Function No. 2; |
|
(5) the telecommunications industry, including cable |
|
service providers, as defined by Section 66.002, Utilities Code; |
|
(6) the National Guard's Joint Continental United |
|
States Communications Support Environment; |
|
(7) the National Guard Bureau; |
|
(8) amateur radio operator groups; |
|
(9) the Texas Forest Service; |
|
(10) the Texas Department of Transportation; |
|
(11) the General Land Office; |
|
(12) the Texas Engineering Extension Service of The |
|
Texas A&M University System; |
|
(13) the Railroad Commission of Texas; |
|
(14) the Department of State Health Services; |
|
(15) the judicial branch of state government; |
|
(16) the Texas Association of Regional Councils; |
|
(17) the United States Air Force Auxiliary Civil Air |
|
Patrol, Texas Wing; |
|
(18) state agencies, counties, and municipalities |
|
affected by the emergency; and |
|
(19) other agencies as determined by the division. |
|
SECTION 1.12. Subchapter D, Chapter 418, Government Code, |
|
is amended by adding Section 418.075 to read as follows: |
|
Sec. 418.075. REQUEST FOR FUNDS; HOSPITALS. A public or |
|
not-for-profit hospital may request funding from the disaster |
|
contingency fund or through a mutual aid agreement with a political |
|
subdivision for deployment of hospital services, treatment of |
|
evacuees, and nonlocal emergency medical services in the event of a |
|
disaster. |
|
SECTION 1.13. Subsection (b), Section 418.107, 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
|
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council.] |
|
SECTION 1.14. 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 1.15. Subsection (b), Section 418.172, 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 1.16. Subchapter H, Chapter 418, Government Code, |
|
is amended by adding Sections 418.185, 418.188, 418.1881, 418.1882, |
|
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 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. |
|
(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. |
|
(e) An officer or employee of the state or a political |
|
subdivision who issues or is working to carry out a mandatory |
|
evacuation order under this section is immune from civil liability |
|
for any act or omission within the course and scope of the person's |
|
authority under the order. |
|
Sec. 418.188. POSTDISASTER EVALUATION. Not later than the |
|
30th day after the date a request is received from the division, a |
|
state agency, political subdivision, or interjurisdictional agency |
|
shall conduct an evaluation of the entity's response to a disaster, |
|
identify areas for improvement, and issue a report of the |
|
evaluation to the division. |
|
Sec. 418.1881. SHELTER OPERATIONS. The Department of State |
|
Health Services shall develop, with the direction, oversight, and |
|
approval of the division, an annex to the state emergency |
|
management plan that includes provisions for: |
|
(1) developing medical special needs categories; |
|
(2) categorizing the requirements of individuals with |
|
medical special needs; and |
|
(3) establishing minimum health-related standards for |
|
short-term and long-term shelter operations for shelters operated |
|
with state funds or receiving state assistance. |
|
Sec. 418.1882. PERSONNEL SURGE CAPACITY PLANNING. With the |
|
direction, oversight, and approval of the division and the |
|
assistance of the Department of State Health Services, health care |
|
facilities, county officials, and other appropriate entities, each |
|
council of government, regional planning commission, or similar |
|
regional planning agency created under Chapter 391, Local |
|
Government Code, shall develop a regional plan for personnel surge |
|
capacity during disasters, including plans for providing lodging |
|
and meals for disaster relief workers and volunteers. |
|
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) In |
|
coordination with the division, the Department of Agriculture and |
|
the Texas Animal Health Commission shall prepare and keep current |
|
an agriculture emergency response plan as an annex to the state |
|
emergency management plan. The plan must include provisions for: |
|
(1) identifying and assessing necessary training, |
|
resource, and support requirements; |
|
(2) providing information on recovery, relief, and |
|
assistance requirements following all types of disasters, |
|
including information on biological and radiological response; and |
|
(3) all other information the Department of |
|
Agriculture and the Texas Animal Health Commission determine to be |
|
relevant to prepare for an all-hazards approach to agricultural |
|
disaster management. |
|
(b) The Department of Agriculture and the Texas Animal |
|
Health Commission shall include the plan developed under Subsection |
|
(a) in an annual report to the legislature and the office of the |
|
governor. |
|
Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An |
|
entity responsible for the care of individuals with medical 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 |
|
medical special needs and those who are residents of assisted |
|
living facilities. |
|
SECTION 1.17. 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 if an area is evacuated |
|
because of a disaster or other emergency. |
|
(b) The institution is not required to identify individual |
|
residents who may require assistance in an evacuation 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 1.18. 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 if an area is |
|
evacuated because of a disaster or other emergency. |
|
(b) The assisted living facility is not required to identify |
|
individual residents who may require assistance in an evacuation 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 1.19. Subdivisions (1) and (13-a), Section 541.201, |
|
Transportation Code, are amended to read as follows: |
|
(1) "Authorized emergency vehicle" means: |
|
(A) a fire department or police vehicle; |
|
(B) a public or private ambulance operated by a |
|
person who has been issued a license by the Texas Department of |
|
Health; |
|
(C) a municipal department or public service |
|
corporation emergency vehicle that has been designated or |
|
authorized by the governing body of a municipality; |
|
(D) a private vehicle of a volunteer firefighter |
|
or a certified emergency medical services employee or volunteer |
|
when responding to a fire alarm or medical emergency; |
|
(E) an industrial emergency response vehicle, |
|
including an industrial ambulance, when responding to an emergency, |
|
but only if the vehicle is operated in compliance with criteria in |
|
effect September 1, 1989, and established by the predecessor of the |
|
Texas Industrial Emergency Services Board of the State Firemen's |
|
and Fire Marshals' Association of Texas; [or] |
|
(F) a vehicle of a blood bank or tissue bank, |
|
accredited or approved under the laws of this state or the United |
|
States, when making emergency deliveries of blood, drugs, |
|
medicines, or organs; or |
|
(G) a vehicle used for law enforcement purposes |
|
that is owned or leased by a federal governmental entity. |
|
(13-a) "Police vehicle" means a vehicle [of a
|
|
governmental entity primarily] used by a peace officer, as defined |
|
by Article 2.12, Code of Criminal Procedure, for law enforcement |
|
purposes that: |
|
(A) is owned or leased by a governmental entity; |
|
(B) is owned or leased by the police department |
|
of a private institution of higher education that commissions peace |
|
officers under Section 51.212, Education Code; or |
|
(C) is: |
|
(i) a private vehicle owned or leased by the |
|
peace officer; and |
|
(ii) approved for use for law enforcement |
|
purposes by the head of the law enforcement agency that employs the |
|
peace officer, or by that person's designee. |
|
SECTION 1.20. Subsection (b), Section 545.421, |
|
Transportation Code, is amended to read as follows: |
|
(b) A signal under this section that is given by a police |
|
officer pursuing a vehicle may be by hand, voice, emergency light, |
|
or siren. The officer giving the signal must be in uniform and |
|
prominently display the officer's badge of office. The officer's |
|
vehicle must bear the insignia of a law enforcement agency, |
|
regardless of whether the vehicle displays an emergency light [be
|
|
appropriately marked as an official police vehicle]. |
|
SECTION 1.21. Section 418.072, Government Code, is |
|
repealed. |
|
SECTION 1.22. On the effective date of this Act, the |
|
disaster emergency funding board is abolished. |
|
SECTION 1.23. 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 1.24. Subsection (c-1), Section 37.108, Education |
|
Code, as added by this Act, applies only to a request for documents |
|
or information that is received by a school district on or after the |
|
effective date of this Act. A request for documents or information |
|
that was received before the effective date of this Act is governed |
|
by the law in effect on the date the request was received, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 1.25. (a) 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. |
|
(b) Subsection (a) of this section 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, Subsection (a) of this section takes effect |
|
September 1, 2009. |
|
ARTICLE 2. EMERGENCY ELECTRICAL POWER |
|
SECTION 2.01. Subtitle G, Title 10, Government Code, is |
|
amended by adding Chapter 2311 to read as follows: |
|
CHAPTER 2311. ENERGY SECURITY TECHNOLOGIES FOR CRITICAL |
|
GOVERNMENTAL FACILITIES |
|
Sec. 2311.001. DEFINITIONS. In this chapter: |
|
(1) "Combined heating and power system" means a system |
|
that: |
|
(A) is located on the site of a facility; |
|
(B) is the primary source of both electricity and |
|
thermal energy for the facility; |
|
(C) can provide all of the electricity needed to |
|
power the facility's critical emergency operations for at least 14 |
|
days; and |
|
(D) has an overall efficiency of energy use that |
|
exceeds 60 percent. |
|
(2) "Critical governmental facility" means a building |
|
owned by the state or a political subdivision of the state that is |
|
expected to: |
|
(A) be continuously occupied; |
|
(B) maintain operations for at least 6,000 hours |
|
each year; |
|
(C) have a peak electricity demand exceeding 500 |
|
kilowatts; and |
|
(D) serve a critical public health or public |
|
safety function during a natural disaster or other emergency |
|
situation that may result in a widespread power outage, including |
|
a: |
|
(i) command and control center; |
|
(ii) shelter; |
|
(iii) prison or jail; |
|
(iv) police or fire station; |
|
(v) communications or data center; |
|
(vi) water or wastewater facility; |
|
(vii) hazardous waste storage facility; |
|
(viii) biological research facility; |
|
(ix) hospital; or |
|
(x) food preparation or food storage |
|
facility. |
|
Sec. 2311.002. COMBINED HEATING AND POWER SYSTEMS. When |
|
constructing or extensively renovating a critical governmental |
|
facility or replacing major heating, ventilation, and |
|
air-conditioning equipment for a critical governmental facility, |
|
the entity with charge and control of the facility shall evaluate |
|
whether equipping the facility with a combined heating and power |
|
system would result in expected energy savings that would exceed |
|
the expected costs of purchasing, operating, and maintaining the |
|
system over a 20-year period. The entity may equip the facility |
|
with a combined heating and power system if the expected energy |
|
savings exceed the expected costs. |
|
SECTION 2.02. Chapter 38, Utilities Code, is amended by |
|
adding Subchapter E to read as follows: |
|
SUBCHAPTER E. INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE PLAN |
|
Sec. 38.101. PLAN FOR INFRASTRUCTURE IMPROVEMENT AND |
|
MAINTENANCE. (a) Not later than January 1, 2010, each electric |
|
utility shall file with the commission a plan for infrastructure |
|
improvement and maintenance that cost-effectively minimizes the |
|
utility's risk of experiencing an extended power outage during |
|
severe weather. |
|
(b) The commission shall prescribe the details required to |
|
be included in each electric utility's plan submitted under |
|
Subsection (a), based on: |
|
(1) the utility's susceptibility to specific types of |
|
severe weather likely to occur in the utility's service area; |
|
(2) the age of the utility's infrastructure; |
|
(3) the utility's history of extended power outages |
|
caused by severe weather; and |
|
(4) the potential improvements in preparation and |
|
response that are available to the utility. |
|
(c) At a minimum, the commission shall require that each |
|
utility's plan submitted under Subsection (a) include: |
|
(1) an established vegetation management cycle for the |
|
clearing of trees, tree limbs, and other vegetative growth from |
|
utility line easements and utility structures; |
|
(2) a customer outreach program that educates property |
|
owners on proper vegetation management near electric utility |
|
structures; |
|
(3) a program for the inspection of transmission |
|
structures; |
|
(4) a system for identifying areas that are |
|
susceptible to damage during severe weather and modifying |
|
transmission structures in those areas, including identifying and |
|
replacing wooden poles in those areas with poles made of more |
|
durable materials; |
|
(5) a system for designating high-load transmission |
|
and distribution areas and identifying potential improvements to |
|
infrastructure to prevent damage during severe weather; |
|
(6) a system for determining the cost-effectiveness of |
|
placing future electricity lines underground; |
|
(7) a plan that allows for or requires the expansion or |
|
installation of underground utility infrastructure to be |
|
coordinated with the repair, expansion, or installation activities |
|
of other owners of underground facilities, including |
|
municipalities, gas utilities, and pipeline companies; |
|
(8) a plan for the use of distributed generation |
|
technologies and advanced meter technologies that prevent, detect, |
|
and report the failure of grid facilities and assist in the repair |
|
of those facilities; |
|
(9) a priority plan for the restoration of critical |
|
facilities in areas that are particularly prone to severe weather, |
|
including: |
|
(A) facilities belonging to emergency response |
|
providers; |
|
(B) hospitals; |
|
(C) water and wastewater treatment facilities; |
|
and |
|
(D) municipal service facilities; and |
|
(10) a plan to inform state and local officials of an |
|
extended power outage, the utility's restoration efforts, and the |
|
expected duration and severity of the outage. |
|
(d) For each specific program or project included in a plan |
|
submitted under Subsection (a), the electric utility shall include |
|
sufficient detail to allow the commission to accept, modify, or |
|
reject an individual program or project based on whether the |
|
demonstrable benefits to customers exceed the costs. |
|
Sec. 38.102. APPROVAL OF PLAN; HEARING. (a) On the filing |
|
of a plan under Section 38.101, the commission shall provide notice |
|
to interested parties and an opportunity for a hearing. |
|
(b) The commission shall review and approve a new plan or an |
|
updated plan not later than the 90th day after the date the |
|
commission provides the notice required by Subsection (a), unless a |
|
request for a hearing is filed before the end of that period. |
|
(c) If a request for a hearing is filed within the period |
|
prescribed by Subsection (b), the commission shall hold a hearing |
|
on the plan and shall issue an order approving the plan, approving |
|
the plan with modifications, or rejecting the entire plan, not |
|
later than the 150th day after the date the plan is filed. |
|
(d) If the commission rejects an electric utility's plan for |
|
infrastructure improvement and maintenance, or approves the plan |
|
with modifications, the commission shall include in the order a |
|
detailed explanation of the reasons the plan was rejected or |
|
modified. If the commission rejects an electric utility's plan, |
|
the electric utility shall file a new plan and seek commission |
|
approval of the new plan. |
|
(e) The commission's approval of a plan, or approval of a |
|
plan with modifications, does not: |
|
(1) preclude the electric utility from filing a new |
|
plan before the utility is required to update an approved plan under |
|
Section 38.103; or |
|
(2) affect the duty of the electric utility to prove in |
|
a ratemaking proceeding that expenditures made pursuant to the plan |
|
were reasonable, necessary, and prudently incurred. |
|
(f) An expenditure made by an electric utility pursuant to a |
|
plan filed under this section may be recovered by the utility in a |
|
ratemaking proceeding under Chapter 36. |
|
Sec. 38.103. RENEWAL AND REVIEW OF PLAN. (a) An electric |
|
utility that files a plan for infrastructure improvement and |
|
maintenance required by Section 38.101 shall: |
|
(1) as required by the commission, file with the |
|
commission a report detailing the status of the programs and |
|
projects detailed in the plan; and |
|
(2) file an updated plan with the commission every six |
|
years for the commission's approval. |
|
(b) To prepare an electric utility for future severe |
|
weather, the commission may evaluate the effectiveness of an |
|
electric utility's plan for infrastructure improvement and |
|
maintenance after each occurrence of severe weather that affects |
|
the utility's service area. |
|
SECTION 2.03. Chapter 2302, Government Code, is repealed. |
|
SECTION 2.04. Chapter 2311, Government Code, as added by |
|
this Act, applies only to the construction or renovation of a |
|
building or the replacement of equipment for a building for which |
|
the contract is entered into on or after September 1, 2009. |
|
SECTION 2.05. (a) The Public Utility Commission of Texas |
|
shall adopt rules consistent with Subchapter E, Chapter 38, |
|
Utilities Code, as added by this Act, not later than October 1, |
|
2009. |
|
(b) Not later than January 1, 2010, each electric utility |
|
shall file with the Public Utility Commission of Texas a proposed |
|
plan for infrastructure and improvement as required by Subchapter |
|
E, Chapter 38, Utilities Code, as added by this Act. |
|
ARTICLE 3. HEALTH AND SAFETY PROVISIONS |
|
SECTION 3.01. Section 251.012, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
|
following facilities are not required to be licensed under this |
|
chapter: |
|
(1) a home and community support services agency |
|
licensed under Chapter 142 with a home dialysis designation; |
|
(2) a hospital licensed under Chapter 241 that |
|
provides dialysis only to: |
|
(A) individuals receiving inpatient services |
|
from the hospital; or |
|
(B) individuals receiving outpatient services |
|
due to a disaster declared by the governor or a federal disaster |
|
declared by the president of the United States occurring in this |
|
state or another state during the term of the disaster declaration; |
|
or |
|
(3) the office of a physician unless the office is used |
|
primarily as an end stage renal disease facility. |
|
SECTION 3.02. Subtitle B, Title 8, Health and Safety Code, |
|
is amended by adding Chapter 695 to read as follows: |
|
CHAPTER 695. IN-CASKET IDENTIFICATION |
|
Sec. 695.001. DEFINITIONS. In this chapter: |
|
(1) "Casket" means a container used to hold the |
|
remains of a deceased person. |
|
(2) "Commission" means the Texas Funeral Service |
|
Commission. |
|
Sec. 695.002. IDENTIFICATION OF DECEASED PERSON. The |
|
commission shall ensure a casket contains identification of the |
|
deceased person, including the person's name, date of birth, and |
|
date of death. |
|
Sec. 695.003. RULES. The commission may adopt rules to |
|
enforce this chapter. |
|
SECTION 3.03. The change in law made by this Act by the |
|
amendment of Section 251.012, Health and Safety Code, applies only |
|
to dialysis services provided on or after the effective date of this |
|
Act. Dialysis services provided before the effective date of this |
|
Act are covered by the law in effect immediately before that date, |
|
and the former law is continued in effect for that purpose. |
|
ARTICLE 4. PROVISIONS RELATED TO CERTAIN PUBLIC EMPLOYEES |
|
SECTION 4.01. Section 431.082, Government Code, is amended |
|
by adding Subsection (d) to read as follows: |
|
(d) A member of the Texas State Guard called to state active |
|
duty is a temporary employee of the state while on state active |
|
duty. The adjutant general shall pay members of the Texas State |
|
Guard called to state active duty according to the General |
|
Appropriations Act. If the length of state active duty exceeds 45 |
|
consecutive days, the adjutant general may pay the members of the |
|
Texas State Guard called to state active duty up to 140 percent of |
|
the amount authorized in the General Appropriations Act. |
|
SECTION 4.02. Subchapter B, Chapter 659, Government Code, |
|
is amended by adding Section 659.025 to read as follows: |
|
Sec. 659.025. USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY |
|
SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT. (a) In this |
|
section, "emergency services personnel" includes firefighters, |
|
police officers and other peace officers, emergency medical |
|
technicians, emergency management personnel, and other individuals |
|
who are required, in the course and scope of their employment, to |
|
provide services for the benefit of the general public during |
|
emergency situations. |
|
(b) This section applies only to a state employee who is |
|
emergency services personnel, who is not subject to the overtime |
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
|
U.S.C. Section 201 et seq.), and who is not an employee of the |
|
legislature, including an employee of the lieutenant governor or of |
|
a legislative agency. |
|
(c) Notwithstanding Section 659.016 or any other law, an |
|
employee to whom this section applies may be allowed to take |
|
compensatory time off during the 18-month period following the end |
|
of the workweek in which the compensatory time was accrued. |
|
(d) Notwithstanding Section 659.016 or any other law, the |
|
administrative head of a state agency that employs an employee to |
|
whom this section applies may pay the employee overtime at the |
|
employee's regular hourly salary rate for all or part of the hours |
|
of compensatory time off accrued by the employee during a declared |
|
disaster in the preceding 18-month period. The administrative head |
|
shall reduce the employee's compensatory time balance by one hour |
|
for each hour the employee is paid overtime under this section. |
|
SECTION 4.03. Subchapter H, Chapter 660, Government Code, |
|
is amended by adding Section 660.209 to read as follows: |
|
Sec. 660.209. STATE EMERGENCY SERVICES PERSONNEL. (a) In |
|
this section, "emergency services personnel" includes |
|
firefighters, police officers and other peace officers, emergency |
|
medical technicians, emergency management personnel, and other |
|
individuals who are required, in the course and scope of their |
|
employment, to provide services for the benefit of the general |
|
public during emergency situations. |
|
(b) Notwithstanding any other provision of this chapter or |
|
the General Appropriations Act, a state employee who is emergency |
|
services personnel and who is deployed to a temporary duty station |
|
to conduct emergency or disaster response activities is entitled to |
|
reimbursement for the actual expense of lodging when there is no |
|
room available at the state rate within reasonable proximity to the |
|
employee's temporary duty station. |
|
SECTION 4.04. Subdivision (1-a), Section 161.0001, Health |
|
and Safety Code, is amended to read as follows: |
|
(1-a) "First responder" means: |
|
(A) any federal, state, local, or private |
|
personnel who may respond to a disaster, including: |
|
(i) public health and public safety |
|
personnel; |
|
(ii) commissioned law enforcement |
|
personnel; |
|
(iii) fire protection personnel, including |
|
volunteer firefighters; |
|
(iv) emergency medical services personnel, |
|
including hospital emergency facility staff; |
|
(v) a member of the National Guard; |
|
(vi) a member of the Texas State Guard; or |
|
(vii) any other worker who responds to a |
|
disaster in the worker's scope of employment; or |
|
(B) any related personnel that provide support |
|
services during the prevention, response, and recovery phases of a |
|
disaster [has the meaning assigned by Section 421.095, Government
|
|
Code]. |
|
ARTICLE 5. JUDICIAL PREPAREDNESS |
|
SECTION 5.01. Subsection (c), Section 74.093, Government |
|
Code, is amended to read as follows: |
|
(c) The rules may provide for: |
|
(1) the selection and authority of a presiding judge |
|
of the courts giving preference to a specified class of cases, such |
|
as civil, criminal, juvenile, or family law cases; [and] |
|
(2) a coordinated response for the transaction of |
|
essential judicial functions in the event of a disaster; and |
|
(3) any other matter necessary to carry out this |
|
chapter or to improve the administration and management of the |
|
court system and its auxiliary services. |
|
SECTION 5.02. Section 418.002, Government Code, is amended |
|
to read as follows: |
|
Sec. 418.002. PURPOSES. The purposes of this chapter are |
|
to: |
|
(1) reduce vulnerability of people and communities of |
|
this state to damage, injury, and loss of life and property |
|
resulting from natural or man-made catastrophes, riots, or hostile |
|
military or paramilitary action; |
|
(2) prepare for prompt and efficient rescue, care, and |
|
treatment of persons victimized or threatened by disaster; |
|
(3) provide a setting conducive to the rapid and |
|
orderly restoration and rehabilitation of persons and property |
|
affected by disasters; |
|
(4) clarify and strengthen the roles of the governor, |
|
state agencies, the judicial branch of state government, and local |
|
governments in prevention of, preparation for, response to, and |
|
recovery from disasters; |
|
(5) authorize and provide for cooperation in disaster |
|
mitigation, preparedness, response, and recovery; |
|
(6) authorize and provide for coordination of |
|
activities relating to disaster mitigation, preparedness, |
|
response, and recovery by agencies and officers of this state, and |
|
similar state-local, interstate, federal-state, and foreign |
|
activities in which the state and its political subdivisions may |
|
participate; |
|
(7) provide an emergency management system embodying |
|
all aspects of predisaster preparedness and postdisaster response; |
|
(8) assist in mitigation of disasters caused or |
|
aggravated by inadequate planning for and regulation of public and |
|
private facilities and land use; and |
|
(9) provide the authority and mechanism to respond to |
|
an energy emergency. |
|
SECTION 5.03. Section 418.016, Government Code, is amended |
|
to read as follows: |
|
Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. |
|
(a) The governor may suspend the provisions of any regulatory |
|
statute prescribing the procedures for conduct of state business or |
|
the orders or rules of a state agency if strict compliance with the |
|
provisions, orders, or rules would in any way prevent, hinder, or |
|
delay necessary action in coping with a disaster. |
|
(b) Notwithstanding any other law, the supreme court, by |
|
rule or order, or on a case-by-case basis, may exercise the court's |
|
inherent authority, with or without the consent of the parties, to |
|
suspend procedures for the conduct of any court proceeding affected |
|
by a disaster. The supreme court may: |
|
(1) provide abatements and stays; |
|
(2) toll or modify other filings and service |
|
deadlines; |
|
(3) provide for hearings or trials at locations other |
|
than the county of suit; |
|
(4) provide for courts of appeal to accept filings and |
|
hear arguments in remote courthouses; and |
|
(5) provide for alternative notice requirements. |
|
(c) If a disaster prevents the supreme court from acting |
|
under Subsection (b), the court of criminal appeals may act on |
|
behalf of the supreme court. If the disaster prevents both the |
|
supreme court and the court of criminal appeals from acting under |
|
Subsection (b), the chief justice of the supreme court and the |
|
presiding judge of the court of criminal appeals may act on behalf |
|
of the judicial branch of state government. |
|
SECTION 5.04. Subsection (b), Section 418.042, Government |
|
Code, is amended to read as follows: |
|
(b) In preparing and revising the state emergency |
|
management plan, the division shall seek the advice and assistance |
|
of local government, the judicial branch of state government, |
|
business, labor, industry, agriculture, civic organizations, |
|
volunteer organizations, and community leaders. |
|
ARTICLE 6. EFFECTIVE DATE |
|
SECTION 6.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2009. |
|
|
|
* * * * * |