By: Carona S.B. No. 12

(In the Senate - Filed March 11, 2009; March 13, 2009, read first time and referred to Committee on Transportation and Homeland Security; April 14, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 14, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Carona

A BILL TO BE ENTITLED

AN ACT

relating to disaster preparedness and emergency management and to certain vehicles used in emergencies; providing a penalty.

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

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.01. Section 37.108, Education Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) Any document or information collected during a security audit conducted under Subsection (b) is not subject to disclosure under Chapter 552, Government Code.

SECTION 1.02. Subdivision (1), Section 418.004, Government Code, is amended to read as follows:

(1) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action, or energy emergency.

SECTION 1.03. Section 418.005, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (h) to read as follows:

(a) This section applies only to an elected or 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.

(h) The Texas Engineering Extension Service of The Texas A&M University System, with the direction, oversight, and approval of the division, shall implement online courses and secure continuing education credits for elected or appointed officials, volunteers, or employees requested to attend training or required under Subsection (b) to attend training. Training under this subsection is optional for volunteers.

SECTION 1.04. 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 emergency management council shall assist the division in identifying, mobilizing, and deploying state resources to respond to major emergencies and disasters throughout the state.

SECTION 1.05. Subsection (a), Section 418.042, 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 providing information to [education and training of] local officials on activation of the Emergency Alert System established under 47 C.F.R. Part 11; [and]

(15) a database of public facilities that may be used under Section 418.017 to shelter individuals during a disaster, including air-conditioned facilities for shelter during an extreme heat disaster and fortified structures for shelter during a wind disaster; and

(16) other necessary matters relating to disasters.

SECTION 1.06. 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. 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 five days immediately following a disaster. The annex must include:

(1) plans to maintain fuel availability and continuity of operations of all water, wastewater, hospital, and other critical facilities, as determined by the division;

(2) provisions for interagency coordination of disaster response efforts;

(3) provisions for the rapid gross assessment of population support needs;

(4) plans for the clearance of debris from major roadways to facilitate emergency response operations and delivery of essential population support supplies and equipment;

(5) 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;

(6) guidelines for arranging temporary points of distribution for disaster relief supplies and standardized procedures for operating those distribution points;

(7) methods for providing basic medical support for disaster victims, including medical supplies and pharmaceuticals;

(8) 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;

(9) provisions for the dissemination of emergency information through the media to aid disaster victims;

(10) provisions for providing backup power to restore or continue operation of key water and wastewater facilities, 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 operations.

SECTION 1.07. 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) develop a plan to raise public awareness and expand the capability of the information and referral network under Section 531.0312;

(15) improve the integration of volunteer groups, including faith-based organizations, into emergency management plans;

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

(17) cooperate with state agencies to:

(A) encourage the public to participate in volunteer emergency response teams and organizations that respond to disasters; and

(B) provide information on those programs in state disaster preparedness and educational materials and on Internet websites;

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

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

SECTION 1.08. 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 1.09. 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 1.10. 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 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.

(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.

SECTION 1.11. Subchapter C, Chapter 418, Government Code, is amended by adding Section 418.051 to read as follows:

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 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.

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