By: Carona S.B. No. 1741
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to emergency management.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 418.005, 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, 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 2.  Section 418.013, Government Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The emergency management council is composed of
  representatives [the heads] of state agencies, boards, [and]
  commissions, and [representatives of] organized volunteer groups
  designated by the head of each entity.
         (d)  The council shall assist the division in identifying,
  mobilizing, and deploying state resources to respond to major
  emergencies and disasters throughout the state.
         SECTION 3.  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)  other necessary matters relating to disasters.
         SECTION 4.  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; and
               (16)  do other things necessary, incidental, or
  appropriate for the implementation of this chapter.
         SECTION 5.  Section 418.045, Government Code, is amended to
  read as follows:
         Sec. 418.045.  TEMPORARY PERSONNEL.  (a)  The division may
  employ or contract with temporary personnel from funds appropriated
  to the division, from federal funds, or from the disaster
  contingency fund. The merit system does not apply to the temporary
  or contract positions.
         (b)  The division may enroll, organize, train, and equip a
  cadre of disaster reservists with specialized skills in disaster
  recovery, hazard mitigation, community outreach, and public
  information to temporarily augment its permanent staff.  The
  division may activate enrolled disaster reservists to support
  recovery operations in the aftermath of a disaster or major
  emergency and pay them at a daily rate commensurate with their
  qualifications and experience.  Chapter 654, Chapter 2254, and
  Subtitle D, Title 10, do not apply in relation to a disaster
  reservist under this subsection.
         SECTION 6.  Section 418.048, Government Code, is amended to
  read as follows:
         Sec. 418.048.  MONITORING WEATHER[; SUSPENSION OF WEATHER
  MODIFICATION]. [(a)]  The division shall keep continuously
  apprised of weather conditions that present danger of climatic
  activity, such as precipitation, severe enough to constitute a
  disaster.
         [(b)     If the division determines that precipitation that may
  result from weather modification operations, either by itself or in
  conjunction with other precipitation or climatic conditions or
  activity, would create or contribute to the severity of a disaster,
  it shall request in the name of the governor that the officer or
  agency empowered to issue permits for weather modification
  operations suspend the issuance of permits. On the governor's
  request, no permits may be issued until the division informs the
  officer or agency that the danger has passed.]
         SECTION 7.  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 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 8.  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 9.  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 10.  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 11.  Subchapter H, Chapter 418, Government Code, is
  amended by adding Sections 418.188, 418.1881, and 418.1882 to read
  as follows:
         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.
         SECTION 12.  Section 418.072, Government Code, is repealed.
         SECTION 13.  On the effective date of this Act, the disaster
  emergency funding board is abolished.
         SECTION 14.  The changes in law made by this Act by the
  amendment of Section 418.005, Government Code, apply only to a
  public officer elected or appointed on or after the effective date
  of this Act.  A public officer elected or appointed before the
  effective date of this Act is governed by the law in effect
  immediately before that date, and the former law is continued in
  effect for that purpose.
         SECTION 15.  This Act takes effect September 1, 2009.